A huge case headed to the US Supreme Court, maybe.

I was a little shocked to find out about the case, Brunson v. Alma S. Adams; et al., and then find out that it may legitimately be headed to the US Supreme Court.

The lawsuit has to do with the 2020 elections and the question of whether or not members of Congress had a duty to investigate any potential voter fraud. But the more central question this lawsuit asks is, do citizens have a right to expect that elected officials uphold their oaths of office and should elected officials be held accountable when and if it is found that they have not?

And frankly, this question goes way beyond the 2020 election. Think of the mandates and the decisions made by so many leaders over the last 2 1/2 years that not only exceeded the constitutional authority of any government, but striped citizens of their basic rights to the security of life, liberty, and property.

Elected officials and state governments seem to indemnify themselves with the notion of sovereign immunity. But how can a blanket immunity exist for actions that have no basis in any authority that has been granted to that government or elected official? If sovereign immunity covers all sins, then we truly do not have a republic, but a simple oligarchy. This cannot be so.

Joshua Philipp does a great job discussing this case on Crossroads on EpochTV.

In looking at this case, I came across a quote found in Mr. Brunson’s opening brief to the Tenth Circuit Court of Appeals. And it originates from an 1871 work called A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union by Thomas Cooley. Here is the quote.

“In considering State constitutions we must not commit the mistake of supposing that, because individual rights are guarded and protected by them, they must also be considered as owing their origin to them. These instruments measure the powers of the rulers, but they do not measure the rights of the governed. . . . [A state constitution] is not the beginning of a community, nor the origin of private rights; it is not the fountain of law, nor the incipient state of government; it is not the cause, but consequence, of personal and political freedom; it grants no rights to the people, but is the creature of their power, the instrument of their convenience. Designed for their protection in the enjoyment of the rights and powers which they possessed before the constitution was made, it is but the framework of the political government, and necessarily based upon the pre-existing condition of laws, rights, habits, and modes of thought. There is nothing primitive in it: it is all derived from a known source. It presupposes an organized society, law, order, property, personal freedom, a love of political liberty, and enough of cultivated intelligence to know how to guard it against the encroachments of tyranny.” (Bold emphasis added)

In a nutshell, the sentiment is that our rights do indeed come from God. They are pre-constitutional, pre-political, and are superior to the formation of any government whose purpose can only be to secure the rights already held by the people.

This further harkens to the Ninth Amendment of our US Constitution which states:

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” (Emphasis added)

Well, what are the “other” rights. They are indeed the same rights referred to in the Declaration of Independence.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,—That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…”

The bottom line is that until we can get a considerable number of Americans to understand that their rights do not originate from a constitution or a government, then we are going to continue to lose these battles. And this is only going to happen through education.

The Supreme Court is scheduled to have a conference on January 6, 2023 where they will consider if they will indeed hear this case. It only takes four (4) justices in this instance to say “yes” for the hearing to proceed.

It would be monumental for SCOTUS to actually hear this case. And pending the outcome, it has the potential to reaffirm what our Founders thought to be the foundation of America…the real authority is held by the people (under God) and governing bodies are subject to it.

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