"Government is not reason, it is not eloquence, it is force; like fire, a
troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action."
- George Washington, speech of January 7, 1790 in the Boston Independent Chronicle, January 14, 1790
United States Constitution Amendments
Article I of the Bill of Rights
It is well to remember the words of James Madison as we search for truth in government and understanding in this excerpt.
"Do not separate text from historical background. If you do, you will have perverted and subverted
the Constitution, which can only end in a distorted, bastardized form of illegitimate government."
In so many instances, fueled by greed, avarice, and self-aggrandizement, Our Elected Servants have subverted the Principles
of the Constitution and Its strictures on the limitation of Government.
"Time has proven the discernment of our ancestors; for even these provisions, expressed in such plain English words that
it would seem the ingenuity of man could not evade them, are now after the lapse of more than seventy years, sought to be
avoided. Those great and good men foresaw that troublous times would arise, when rulers and people would become restive under
restraint, and seek by sharp and decisive measures to accomplish ends deemed just and proper, and that the principles of constitutional
liberty would be in peril unless established by irrepealable law. The history of the world had taught them that what was done
in the past might be attempted in the future.
The Constitution of the United States is a law for
rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times,
and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that
any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to
anarchy or despotism."
- The Supreme Court of the United States, 1866 -
"They saw all the consequences in the principle and they avoided the consequences
by denying the principle."
- James Madison -
Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble,
and to petition the Government for a redress of grievances.
Supreme Court Justice Thurgood Marshall, (1908-1993) stated,
"Above all else, the First Amendment means that the government has no power to restrict
expression because of its message, its ideas, its subject matter, or its content."
"or the Right of the People peaceably to assemble, and to petition the Government for a Redress
This right already existed in customary law. In the colonial Declaration of Rights of October 19, 1765, it was
said "that it is the right of British subjects in these Colonies to petition the King or either House
of Parliament"; and in the Declaration of Rights of October 14, 1774, it was complained that "assemblies
have been frequently dissolved, contrary to the rights of the people, when they attempted to deliberate on grievances."
It was further said "that all prosecutions, prohibitory proclamations and communications for the same are illegal."
It was declared also that "their dutiful, humble, loyal, and reasonable petitions to the Crown for
redress have been repeatedly treated with contempt by His Majesty's ministers of state."
In the Declaration
of Rights submitted by Parliament to William III and Mary (1689) and accepted by them, it was said that the right to petition
the King existed and that the prosecution of petitioners which had taken place was illegal. It was considered so valuable
by our forefathers that it was protected by this express provision. Assemblies for the discussion of their rights and petitions
for the correction of their wrongs had been repeatedly employed by the colonists.
stage of these oppressions" says the Declaration of Independence, "we have petitioned
for redress in the most humble terms; our repeated petitions have been answered by repeated injury." When this
Constitution was written the right of assembly and petition was preserved in the constitutions of the several States.
Buren's administration was marked by a struggle to prevent the receipt and consideration by Congress of petitions for the
abolition of slavery. Senator Calhoun declared such petitions a violation of the Constitution.
The people must assemble
"peaceably." Regulations for the preservation of order are not a denial of the right.
Nor can the right to petition be employed for the purpose of visiting malice upon others. The petition must be for something
within the authority of the body addressed, or the petitioners must in good faith believe it to be.
The petition in
England was based on the fact that Parliament was a court as well as a legislative body. Indeed, at first it was more of a
court than a legislature.
In 1839 the English Chartists (seeking an extension of suffrage, vote by ballot, pay for
members of Parliament, and an abolition of property qualifications for suffrage) presented to the House of Commons a petition
having 1,250,000 signatures.
While this First Amendment, and the nine following it are prohibitions against encroachments
upon liberties by the Nation, it was held by the Supreme Court in 1937 that the Due Process Clause of the Fourteenth Amendment,
written against the States after the Civil War, protects from infringement by a State "the right of
the people peaceably to assemble". Holding the Syndicalism Act of Oregon of 1933 violate of the Due Process Clause
of the Fourteenth Amendment as applied to a man who attended a meeting "under the auspices of the
Communist Party" but said nothing toward "effecting industrial or political change or
revolution." forbidden by the Act, the Court declared that "peaceable assembly for lawful
discussion cannot be made a crime".
The Constitution For The United States:
Its Sources and Its Application
"But they don't use law - they use law for their interests. They don't go by law, international,
federal, local - nothing!
They go by whatever is expedient to protect the interests that are at stake."
- Malcolm X, answer to question, Militant Labor Forum, January 7, 1965) -
The Feres Doctrine was adopted by Congress in 1950 and, with the approval of the Supreme
Court, it became Law Of The Land the same year.
Lieutenant Feres was killed in a barracks fire on a military
installation in New York State in 1946. His wife filed suit under the Federal Tort Claim Act of 1946.
lost in 1950 when the "Feres" Doctrine was adopted.
In 1946, President Truman appointed Supreme Court Justice
Robert Jackson to become the lead prosecutor at the Nuremberg International War Crimes Tribunal.
the presentation of the crimes against humanity of the defendants in the docket which resulted in the death penalty for
most of the Nazi leadership found guilty of said crimes, Judge Jackson became the author of the Feres Doctrine.
Feres states that no service member or their families may take civil action against any government
official for any crime "incident to service". Crimes of murder, rape, torture, assault, perjury, negligence, experimentation,
etc., can be prosecuted criminally, but not civilly.
The Right to petition the courts of this land to seek redress
against the government, as guaranteed by the Constitution of The United States DOES NOT APPLY to those who have sworn to protect
and defend the very same Constitution!
Is there not something very wrong with this picture?
of the Supreme Court have opined that Feres is "bad law" and that Congress has the power to change it.
A current example
In 1999 a civil suit was brought against the CIA, DIA, FBI, DOD, DOA, State Department and DOJ for Conspiracy
To Obstruct Justice In A Capital Murder Case, which has no statute of limitations.
The Federal District Court
in Washington, D.C. ruled in January, 2003 that the case would be dismissed with prejudice and without comment.
judge had forbidden information to be presented re the Feres Doctrine as "incident to service".
The umbrella of
Feres has shielded government officials for over 54 years.
Here is how it works.
When an inductee takes the
oath of enlistment/commission, he or she swears to protect the Constitution of The United States against all enemies, both
foreign and domestic...... At that very instant, the Feres Doctrine becomes effective WITHOUT the knowledge
of those just sworn into the Armed Forces.
The fact of Feres existence becomes knowledgeable to an individual service
member AFTER any crime is committed upon that individual.
Surgery to remove the wrong leg leaves the soldier without
the ability to seek redress for negligence.
Leaving surgical tools inside a patient after surgery leaves the patient
helpless to react.
Prescribing the wrong medication has no recourse.
All medical mishaps/negligence are covered
Perjury, secreting exculpatory evidence, witness tampering, obstruction of justice, false imprisonment, and
all court actions are covered by Feres.
Nuclear Experimentation is covered by Feres.
Wrongful Execution is covered
Medical experimentation in the form of mind control through the use of LSD, electro-shock mind regression
treatment (as in "One Flew Over The Kuckoo's Nest) and other drugs leaves a service member helpless and without recourse.
real fact that doctors who fail to pass their medical boards in civilian life are commissioned as officers in the Armed Forces
and allowed to "practice" on military personnel and their families without fear of civil suit is rampant and repugnant.
No recourse allowed for gross or criminal negligence on the part of an incompetent physician who would not be authorized to
"practice" on any civilian in our country is a result of Feres.
Treason in wartime is covered by Feres. Those who conspire
to take this country to war with fabricated "intelligence" resulting in wounds and death for those in uniform are immune because
Ironically, members of the government who commit wrongful acts and crimes against members of the Armed Forces
are not even subject to the same Uniform Code Of Military Justice as those victimized by the above crimes.
summary, after seeing all the inhumane acts committed by the Nazi's before and during WWII, Justice Jackson placed our American
Youth in the same no win position as the victims of the Third Reich; without recourse for grievances.
So, how should
a combat veteran feel about the wounds suffered as a result of being put in harms way by those politicians who would send
him off to war for what turns out to be fabricated evidence for the justification for the war in the first place?
the courage and pain suffered in combat, physically and mentally, be swept under the rug of the Constitution because some
misguided law was adopted in violation of the Constitution itself?
The First Amendment to the Constitution is still
Immediately after the Right to Free Speech is the sentence that says all citizens have the Right to seek redress
for grievances against the government.
That has not changed.
Except for the members of the Armed Forces of The
Congress has no power to amend the Constitution. Neither does the President. Thats why Feres
was adopted. But why then?
WWII had just ended. CIA was established with the National Security Act of 1947.
Korea was looming. Experimentation on POW's was a reality, for both sides as the war unfolded. These instruments
of war did not just happen overnight. The records of the Nazi experiments were in the hands of the likes of Doctor Gottlieb
of the CIA. Mind altering drugs were the quiet talk of the day, the same kinds of drugs used on the victims of the Holocaust.
The same experimentation that Germans were hung for as crimes against humanity and crimes against peace.
those returning from Iraq with Depleted Uranium issues find that they have no recourse.
Wait till the Draft comes into
reality again when all the boyz and girlz 18-34 are ordered to report for induction under penalty of incarceration for
five years. That is when Feres will backfire upon the government.
The Selective Service System cannot force a proposed
inductee to voluntarily forfeit their Rights under the First Amendment.
All that remains is to inform the draft age
people of America of the existence of Feres. The Internet is the most valuable tool for this purpose. Student
organizations will be notified across this country of the existence of the Feres Doctrine which would make them second class
citizens should they take the oath of enlistment.
Hey Hey Ho Ho, the Feres Doctrine has got to go!
it stays, the effectiveness of the upcoming Draft will fizzle.
For extensive information on Depleted
Uranium and the disaster waiting to happen without recourse (Feres) or remedy (the half life for DU is 4.5 Billion years)
please see the page:
A Death Sentence Here And Abroad
The page is part of the thread
War Crimes -- Committed "In All Our Names",
to be found by the link in the main navigation bar of this site.
For help regarding health issues due to military
service please contact
USDR Uniformed Services Disabled Retirees
The USDR Mission is to support and assist Disabled Military Retirees, their spouses, widows and/or immediate family