Subject: South Carolina Code of Laws

The subject laws contains the following Sections. I was asked to comment on their possible application to America’s problem as defined by the thirty Republican governors who agreed: “Federal action has exceeded the clear bounds of its jurisdiction under the Constitution and thus violated rights guaranteed the people.” My thoughts are below.
 

SECTION 23-29-20. Definitions.

For the purposes of this chapter the following words, phrases and terms are defined as follows:

(1) "Subversive organization" means every corporation, society, association, camp, group, bund, political party, assembly, body or organization, composed of two or more persons, which directly or indirectly advocates, advises, teaches or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States, of this State or of any political subdivision thereof by force or violence or other unlawful means;

SECTION 23-29-60. Registration of members of subversive and foreign-controlled organizations.

Every member of a subversive organization, or an organization subject to foreign control, every foreign agent and every person who advocates, teaches, advises or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States, of this State or of any political subdivision thereof by force or violence or other unlawful means, who resides, transacts any business or attempts to influence political action in this State, shall register with the Secretary of State on the forms and at the times prescribed by him.

To identify a “subversive organization” or individual one must first define “the government of the United States.” Doing so is critical for if one accepts elected and appointed members of the Federal government as being “the government of the United States,” then concerned citizens have no basis for being upset with their actions nor any basis for applying the above law to any group or citizen in agreement with, or who may have advocated, their actions. On the other hand, if one accepts the following to be valid, then it’s very easy to identify those responsible for, or who have contributed to America’s plight. The question then becomes one of how to apply the law.

In To Tame a Tyrant (www.tyranttamer.com) and www.thecnc.org/Documents/LawfulGov.htm I gave my opinion of lawful government. I‘ve said: “To be lawful, government must comply with principles and policies set forth in the Declaration of Independence, Constitution, and Bill of Rights when interpreted in the spirit and intent of America’s founders and all laws must be in support of life, liberty and happiness for Americans.” I also said the Constitution's 10th Amendment stating "the powers not delegated to the United States by the Constitution .. are reserved to the States respectively, or to the people" provides incontestable evidence the Federal Government’s only lawful powers are those specified in the Constitution.

IF one accepts these opinions regarding lawful government to be true, then it’s easy to identify those to whom the South Carolina Laws apply. I find this to be a multitude of people within and outside of government as I’ve concluded an abundance of unquestionable evidence shows them to be guilty of acts of commission and omission designed to injure, oppress, or otherwise prevent people from the “free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States…” (from Section 241, Chapter 13 dealing with Civil Rights of United States Criminal Statutes). I consider these people guilty of sedition, subversion, and other crimes falling under Title 18 of the U.S. Criminal Code. The question now becomes one of how to enforce the law.

IF we had an honest judicial system, enforcing the law would be easy! In our Constitution, grand jury presentments were meant to be an important avenue through which citizens could successfully pursue a corrupt government trampling upon the natural rights (given by God, not men) of the people. To enforce the South Carolina law, a Grand Jury authorized by Article V of the Bill of Rights would be convened and presented evidence thought to support of the governor’s allegation. If the Grand Jury found the evidence to be true it would issue a Presentment which would go to a petit or trial jury to determine the guilt or innocence of the accused.

Unfortunately, common law Grand Juries are no longer available to voters for lack of an honest prosecutor and a policy adopted in the Federal Rules of Criminal Procedures declaring Presentments obsolete; not unconstitutional mind you, only “obsolete.” Therefore, the viability of our fourth branch of government is contingent on action by one or more of our states who, as Principals to the Constitution and under the Law of Agency, hold the ultimate responsibility and authority for its proper interpretation and implementation. The needed action is the appointment of a Special Prosecutor responsible for honestly adjudicating Presentments issued by common law Grand Juries.

A draft bill needing state action is at http://www.thecnc.org/Documents/JuryBoxIntegrity.htm. “Tea Partiers” wanting to help solve America’s problem should unite behind this bill and that at www.thecnc.org/BallotBoxIntegrityBill.htm as the Jury and ballot boxes are the only active boxes available for peacefully gaining control of government. I pray patriots and state legislators soon recognize this fact and begin to include solution related information in their dialogue and actions.

Walter Myers