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FREEDOM IN JEOPARDY: THE CASE AGAINST THE EU AND SUPRANATIONALISM BY D. ANDREWS NOTE: The extensive end notes are not merely to reference sources but also contain much supplemental and elaborative material. Please stop and read the end notes as they are referenced in the main text. Sections: Freedom brings Happiness ~ History is the Story of the Rise and Fall of Freedom ~ There are Two Forces at Work in the World ~ What is Sovereignty? ~ Nationalism versus Supranationalism ~ A Brief History of Civil and Common Law ~ Common Law versus Corpus Juris ~ History of the EU ~ The Powers Behind the Scenes ~ The Grand Design of the EU ~ A Resurrection of the Holy Roman Empire? ~ A Brief Review of Treaties and Legislation ~ Structure of the European Union ~ Separation of Powers ~ The EU, Common Law and Natural Rights (Above the Law, Power of Arrest, The Right to Own and Control Property, The Right to Free Speech (and to criticise the EU), The Right to be Left Alone, The Right of Self-Defence, The Right of Free Association, The Right to Trial by Jury) ~ Economic Independence - A Pillar of National Sovereignty ~ Economic benefits of the EU - Fact or Fantasy? ~ The Shadow of Communism ~ Military Independence - A Pillar of National Sovereignty ~ Common Law, Constitutions and Governments: Is the EU Legal in Britain? ~ The EU Constitution ~ Treason at Westminster ~ Conclusion and a Plea ~ End Notes ~ Suggestions for Further Study ~ About the Author ~ Essay Version ~ Feedback Form. "Show me a patriot and I will show you a true lover of humanity. Show me a man who says he loves all equally and I will show you a man who lacks discernment and loves none but himself." Freedom brings HappinessAll people desire freedom. We can only grow and learn to the degree that we are free. We can only know true fulfilment to the degree that we are free. It is only through being free that mankind can reach his potential. In short, we can only be happy to the degree that we are free, for those things which bring us true joy can only be obtained through the use of those faculties which freedom vouchsafes to us; and through experience we know that being forced or coerced is anathema to both the human spirit and human enterprise - loss of liberty brings only misery. History is the Story of the Rise and Fall of FreedomAnd yet freedom is something we can easily take for granted - and just as easily lose. History's repeated cycles are evidence enough of this. Countless civilisations have come and gone, many of them destroyed because they surrendered their freedom little by little until it was too late. For a nation to lose its freedom there need be no military attack. It can be lost because the citizens of that nation have allowed themselves to be deceived through apathy, distractions, fear, ignorance and ebbing morals.Britain is not immune. There are Two Forces At Work in the WorldThroughout history there have been two competing philosophies of government. One holds to the idea that sovereignty lies in the people and that people have inherent and inalienable natural rights[1] that precede the formation of, or exist prior to, the establishment of government.[2] This philosophy is called Common Law.The other philosophy teaches that sovereignty lies in an absolute ruler or body of rulers and that rights exist only inasmuch as such rulers grant them. In effect there are no rights, only privileges. This philosophy has a number of names but most popularly is called Civil Law. Common Law and Civil Law are two opposites. They cannot be reconciled. J. Reuben Clark, one of the foremost U.S. Constitutional lawyers and statesmen of the Twentieth Century, Under Secretary of State during President Calvin Coolidge's presidency, and author of the masterful Memorandum on the Monroe Doctrine, had this to say about these opposing philosophies of government: "During the centuries, these two systems have had an almost deadly rivalry for the control of society, the Civil Law, and its fundamental concepts, being the instrument through which ambitious men of genius and selfishness have set up and maintained despotisms; the Common Law, with its basic principles, being the instrument through which men of equal genius, but with love of mankind burning in their souls, have established and preserved liberty and free institutions."[3] What is Sovereignty? In order to fully grasp the gulf between these two ideologies we will need to understand the meaning and importance of sovereignty. In terms of a nation, sovereignty is the exclusive right to make and enforce its own laws, and to judge disputes of the law. Under Common Law the government can only act because the people (the creator of government) have authorised it. Hence the people are sovereign.[4] The government derives its just powers from the governed. Such a government, based on Common Law, cannot justly possess powers that do not first exist in the individual. In other words, the people cannot authorise government to do something that they in the first place have no right to do, and neither can government take to itself those powers the people have not specifically delegated to it. Sovereignty can be thought of as existing on many levels but in reality this is only representative as it ultimately resides in (and is never taken from) the people as individuals. It is the people who are the masters, government the servant. The three cornerstones of national sovereignty are political, military and economic independence. Nationalism versus SupranationalismThough nationalism was once very similar in definition to patriotism and independence, it is now often used to refer to a negative rather than a positive concept. Supranationalism, given much more popular publicity than the latter, is the concept that the nation state no longer matters, that interdependence is better than independence, and that it is necessary to form regions of countries into centrally-controlled blocs with the probability of merging those blocs later on to form a world government. Thus supranationalism is merely the process of political globalism.Let us now define nationalism. Perhaps one of the finest explanations came from Herbert Hoover who said: "We must realise the vitality of the great spiritual force which we call nationalism. The fuzzy-minded intellectuals have sought to brand nationalism as a sin against mankind. They seem to think that infamy is attached to the word 'nationalist'. But that force cannot be obscured by denunciation of it as greed or selfishness – as it sometimes is. The spirit of nationalism springs from the deepest of human emotions. It rises from the yearning of men to be free of foreign domination, to govern themselves. It springs from a thousand rills of race, of history, of sacrifice and pride in national achievement."[5] Nationalism, then, is an awareness of, and a willingness to defend and promote, the character and sovereignty of our country (patriotism); it is based upon the same feeling we have to grow as individuals, to be self-reliant and to otherwise enrich our character and defend our right to self-determination. Ezra Taft Benson, Secretary of Agriculture under Eisenhower, conveyed the attitude a nation should consider regarding its own national sovereignty: "There is one and only one legitimate goal of...foreign policy. It is a narrow goal, a nationalistic goal: the preservation of our national independence."[6] Today the foreign departments of the major governments of the world seem to be much at odds with Benson’s belief - Indeed, the very opposite. In a time when, history's lessons forgotten, there is again a centralist movement towards the few governing the many, we must ask ourselves if this is wise. What does history teach us? How does it measure up to tried and true principles? Does it make sense in light of self-evident truths and plain old common sense? One of the reasons why some support the spirit of "supranationalism" (whether it be globalisation or regionalisation) is because of a Utopian or (what they suppose to be) a religious ideal. Ezra Taft Benson put straight those with such ideas in no uncertain language: "We must put off our rose-colored glasses, quit repeating those soothing words but entirely false statements about world unity and brotherhood, and look at the world as it is, not as we would like it to become…We would be committing national suicide to surrender any of our independence, and chain ourselves to other nations in such a sick and turbulent world."[7] To those who think that changes in the world somehow change the rules of human nature and the principles of government, Benson further adds: "The world is smaller, you say? True, it is, but if one finds himself locked in a house with maniacs, thieves and murderers – even a small house – he does not increase his chances of survival by entering into alliances with his potential attackers and becoming dependent upon them for protection to the point where he is unable to defend himself. Perhaps the analogy between nations and maniacs is a little strong for some to accept. But if we put aside our squeamishness over strong language, and look hard at the real world in which we live, the analogy is quite sound in all but the rarest exceptions."[8] In conclusion to this section here are, I submit, the problems with supranationalism:
A Brief History of Civil and Common LawAs far as modern times are concerned, Civil Law originated chiefly from the Roman Empire.[9] For this reason it is sometimes called Roman Law. This philosophy spread over continental Europe[10] and, in the Eighteenth Century, the Civil Law ravaged France in what became known as the Reign of Terror. Today, born of its past and present geographical sway, Civil Law is also known as European Law.Common Law has its roots in antiquity. Some believe it to have originated from the divine law of statutes and judgements given to the Israelites by Moses. Whatever its origins, it was brought across Europe and to Britain by the Anglo-Saxons. It was a law common to all those peoples and hence became known as Anglo-Saxon Common Law.[11] In Europe Civil Law was the legacy of the later Roman Empire, but England remained free of this influence and thus the Anglo-Saxon Common Law eventually came to be called English Common Law. English Common Law was seriously compromised during the Norman Conquest which brought over the European Civil Law and imposed that system on Britain under the name of Feudalism. However, after long and bloody centuries, rights and freedoms were gradually won back and restored. Perhaps the primary and most notable date of this period is AD 1215 when the Magna Carta was signed - a document that is still held to be binding today as an important part of the British Constitution.[12] The Framers of the Constitution of the United States drew heavily upon Common Law when drawing up that remarkable freedom document. William E. Gladstone (1809-98), the British Prime Minister, was so impressed with the US Constitution that he said it was "the most wonderful work ever struck off at a given time by the brain and purpose of man". American freedom drew many of its constituent parts from English Common Law.[13] Ireland, Malta, Australia, Canada and New Zealand also adopted (to some degree) the English Common Law in the founding of their own governments. The same cannot be said for Europe. Common Law versus Corpus JurisCommon Law is a body of concepts and laws in harmony with natural rights and justice. Corpus Juris (Latin for "body of laws") is a system of judicial laws or tenets rooted in Civil Law and thus based on privilege and the whims of rulers. The following table contrasts the practises (in theory) of the two systems. I have added explanatory notes in the first column in an attempt to highlight the importance of each point and its relationship to and/or effect upon natural rights.Table 1.0 Common Law versus Corpus Juris
It is hoped from the explanations above, and self-evident truth, that the reader will see that Common Law is founded in the liberty of the individual and Corpus Juris on the destruction of the same. History of the EUThe idea for a single European state did not end with the dissolution of the Holy Roman Empire around the turn of the Nineteenth Century. Many individuals set out plans or notions for a united Europe including Leon Trotsky who wrote in 1917: "The Federated Republic of Europe – the United States of Europe – that is what must be. National autonomy no longer suffices. Economic evolution demands the abolition of national frontiers...Only a Federated Republic of Europe can give peace to the world."[15] Many European, especially Italian, socialists and communists were taken with the idea of European federalism. This was spear-headed by communist writer and political activist, Altiero Spinelli, who was the chief writer behind the Manifesto for a Free and United Europe written not long after the start of the Second World War - and after the War that paper became the basic document of the European Federalist Movement. Spinelli was a powerful shaper of what today has become the EU, being the major force most recently (until his death in 1984) of the move to make the EU a state in and of itself to which Mrs. Thatcher, then Prime Minister of Britain, said "No! No! No!". Spinelli was able to push forward his centralist ideas by promoting "subsidiarity" which turned out to be a meaningless concept and deception.[16] Jean Monnet, a Frenchman and a senior figure in the League of Nations, was a proponent of the supranational state. He was disappointed, for instance, that the member nations of the League of Nations could exercise a national veto. In 1931 he published The United States of Europe, a collections of papers which addressed the idea of building a Federal Europe within the framework of the League of Nations. Monnet was supported by another senior member of the League of Nations, Arthur Salter. He was British and every bit as much a supranationalist as Monnet.[17] Paul-Henri Spaak was one of the "founding fathers" of the EU. He openly described himself as a national socialist (Nazi) and considered Hitler's achievements "magnificent". Hermann Goering in 1940 made the first reference to a "European Economic Community" and Kaiser Wilhelm in this same year spoke of a "United States of Europe".[18] In fact the blueprint for the EU's Treaty of Rome is believed by some to have been developed by Hitler's European "architect", Reinhard Heydrich, who called it "The Reich Plan for the Domination of Europe" (this was widely published in 1942 but copies mysteriously disappeared later so that few now exist).[19] The following list (tabulated below) can be found in the work cited in the table title. It shows that the EU architects and the Nazis did share concepts and terminology. Indeed the authors of this work, Rodney Atkinson and Norris McWhirter, went as far as to write: "To say that the European Union was based on the Nazi version of Europe or that there are parallels would be an understatement. The entire 'European' enterprise since the founding of the European Coal and Steel Community in 1951 (and given an enormous boost by the Maastricht Treaty on European Union) is an exact replica of the Nazi's ideas for Europe..."[20] However, it should be noted that the idea of a single Europe pre-dates Hitler's Nazism,[21] though this is not to say that the same hidden interests[22] were not supportive of both Nazism and the European movement, perhaps supporting the former to facilitate the latter. But it was Monnet, at least visibly, who was to found and develop the structural beginnings of the EU and to be accredited as "the Father of Europe". Table 2.0 Comparison of Nazi ideas for Europe with modern policies of the EU. Taken from pages 124-125 of "Treason at Maastricht" (see "Suggestions for Further Study" at the end of this article).
The Powers Behind the ScenesThere are two contending schools of thought on history. The first, and by far the most popular, is "The Accidental View of History" which holds that history is largely a series of unrelated events or events which are related only by accident or simple cause and effect; the second school of thought is "The Conspiratorial View of History" which holds that superintending forces have directed many of the important events of history.[23]Is there evidence to suggest that there are "powers behind the scenes" which have supported and financed the organizations and individuals that have promoted the move toward modern European union? This question can undoubtedly be answered in the affirmative. In September 2000, Ambrose Evans-Pritchard, EU reporter for The Telegraph, wrote a story reporting on recently declassified US government documents showing "that the US intelligence community ran a campaign in the Fifties and Sixties to build momentum for a united Europe. It funded and directed the European federalist movement." Mr. Evans-Pritchard wrote: "Washington’s main tool for shaping the European agenda was the American Committee for a United Europe [ACUE], created in 1948. The chairman was [William] Donovan [head of the American wartime "Office of Strategic Services", which was later to become the CIA], ostensibly a private lawyer by then. Donovan, Smith, and Dulles were all members of the Council on Foreign Relations (CFR), a group that along with its British sister-organization, the Royal Institute of International Affairs, and the Bilderbergers, has strongly but secretively supported and financed globalist movements - including National Socialism (Nazism), and International Socialism/Communism - with a view to establishing a "New World Order".[25] Joseph Retinger, another of the founding fathers of the EU, was a polish socialist who, though having no visible means of support, travelled between the US, Mexico and Europe during the 1920s and 30s. It was he who recruited the ex-SS Prince Bernhard of the Netherlands to establish the secretive Bilderberg Group. In his diary Retinger wrote: "In November 1946, I had a very long talk with Mr. Averell Harriman, American Ambassador in London.... Averell Harriman was my sponsor and arranged my visit [to the U.S.].... At the time (the end of 1946) I found in America a unanimous approval for our ideas among financiers, businessmen and politicians. Mr. Leffingwell, senior partner in J.P. Morgan’s, Nelson and David Rockefeller, Alfred Sloan, Chairman of the Dodge Motor Company … George Franklin, and especially my old friend, Adolf Berle Jr., were all in favor, and Berle agreed to lead the American Section. John Foster Dulles also agreed to help us.... Later on, whenever we needed any assistance for the European Movement, Dulles was among those in America who helped us most."[26] All of those men mentioned in this entry were members of the CFR. The Grand Design of the EUPaul-Henri Spaak encourage his fellow EU founders that "the most effective way to disguise their project's political purpose was to conceal it behind a pretense that it was concerned only with economic cooperation, based on dismantling trade barriers: a 'common market'" (emphasis added) and Jean Monnet supported this dishonest approach.[27]In the closing words of his memoirs, Monnet wrote: "The sovereign nations of the past can no longer solve the problems of the present: they cannot ensure their own progress or control their own future. And the Community itself is only a stage on the way to the organised world of tomorrow." (emphasis added).And in a communiqué of 22 August 1962 this same man spelled out the grand design of Europe when he wrote: "It is impossible to solve problems between European States who preserve full sovereignty. We are convinced that our times must see the creation of vast units like the United States and the USSR, and to establish a [world-wide] organisation to ensure co-operation between all those vast units. It is this organization which will create the new world order." (emphasis added) It seems beyond doubt now that regionalisation, despite initial promises to the contrary, was and is about the elimination of national sovereignty - and is itself a pre-planned stage toward globalisation (the joining together of regionalised blocs into a world government). The true story behind Europe can be ignored no longer.[28] A Resurrection of the Holy Roman Empire?Rome (the Pope) has sought to supplant English Protestantism with Roman Catholicism for many centuries. The power of Rome, founded upon the philosophy of the old Roman Empire, espouses Civil Law and Corpus Juris (Civil Law is also called Roman Canon Law). The Vatican therefore is most supportive of the EU, seeing it as a means of establishing the largest Holy Roman Empire the world has ever seen.[29] Our forebears, being quite aware of this through direct experience, wrote into the British Constitution the "Coronation Oath", part of which states that the British monarch should "maintain the Protestant Reformed religion established by law." Some have also expressed concern at the "spiritual" meaning of the symbols used by the EU.[30]A Brief Review of Treaties and LegislationTreaty of Rome, 1957 - This treaty's purpose was..."to lay the foundations of an ever closer union among the peoples of Europe...the constant improvement of the living and working conditions of the people, the reduction of differences in wealth between regions..."That is to say, it espoused both socialism and the concept of an ever-increasing union among the nations of Europe. In fact this document was actually a constitution disguised as a treaty because, unlike a treaty, it did not leave the several parties' national sovereignties intact. Common Market, 1973 - Section 2 of the European Communities Act (the enabling legislation to enter into the Common Market) set down the principle that British Law would always from then on be subordinate to European Law; that, when the two conflicted, it would be the European and not the British Law that would prevail. Thus the supremacy of Parliament was overthrown. Single European Act, 1986 - this provided the means by which Britain entered the Single Market of 1992. It eroded Britain's already-diminished decision-making powers by extending QMV (Qualified Majority Voting) to more areas.[31] Maastricht Treaty, 1992 - This was the treaty that established the idea of European citizenship and the Euro currency. It also surrendered the Queen's power in Parliament to an unelected body in Europe.[32] Amsterdam Treaty, 1998 - the European Union gained a "legal personality" giving it such powers as the ability to sign treaties that bind all its member states; it also gave greater scope to the European Court of Justice, and the Council of Ministers was given powers to punish any member state that persistently breached the treaty. The Schengen Agreement, 1990 - signatories gave up their right to police their own borders. Borders are an integral part of liberty, both nationally and locally.[33] Treaty of Nice, 2000 - Further centralised Europe. Britain here gave up its veto in thirty more areas of policy setting. Structure of the European UnionPresidency – this is largely symbolic in nature European Commission – Unelected body that meets in secret. Consists of 1-2 commissioners from each nation. This is an extremely powerful body that makes EU law. The Treaty of Rome forbids commissioners to represent the interests of their own nation; they must put the Union first. European Council – Extremely powerful. Meets in total secrecy. Its deliberations are seldom published and when they are it is only after they have been implemented. Comprises the leaders of the member states and their foreign secretaries. Council of Ministers – This has the role of developing the EU. It consists of ministers from the member states, which minister attends depends upon the subject being discussed. Due to Qualified Majority Voting it is very difficult for Britain to stop anything it disagrees with. It is not answerable to any elected institution and meets behind closed doors.[34] European Parliament – this is a part of the EU Government which serves the purpose of creating an appearance of democracy. In reality the EP has very little influence. It does not pass laws, only resolutions and the manner in which it does so is far from just. Its members are called MEPs (Ministers of the European Parliament). It acts more like a discussion group though the Commission has no obligation to follow its recommendations. Although it ratifies the Commission's laws, in reality it is quite powerless to ultimately prevent such laws being passed: MEPs are often confused and misled, laws can be grouped and voted on by block, and such votes go through before they have time to be discussed (in fact each MEP gets just 90 seconds (at best) per week to speak - their microphone is cut off after their allotted minute and a half), and all MEPs not in attendance are considered to be voting for the law by default![35] European Court of Justice - Not an independent judiciary or check on the legislative or executive, but a political court to enforce the several treaties/EU Constitution (i.e. to enforce the Union and its aims). European Central Bank - The ECB is not accountable to any elected institution and meets in secret. Those states within the single currency effectively lose all control over the amount of money and credit in circulation and the ability to fix interest rates. All these and other powers are centralised into the powerful ECB.[36] Separation of PowersOne of the most important principles of a free and just government is what is known as "separation of powers" and the concomitant "checks and balances" - this structures governmental powers in such a way as to make it as difficult as possible for any individual or faction to gain overall control of the three powers of government (i.e. having the power to make law, enforce law and adjudicate disputes of the law).[37]However, with the EU we find that the executive is not elected and holds all the power, and the legislature is elected but has no power![38] The judiciary is under the control of the executive and thus cannot do anything but enforce the whims of the executive. It has been said that the concentration of powers is the very definition of tyranny.[39] The EU, Common Law and Natural RightsThe EU is based on Civil Law and a Corpus Juris judicial system.[40] It is in every instance listed in table 1.0 above an exact opposite of the traditional US and British system of Common Law. The European system is simply not acceptable to anyone who loves freedom under law.Listed below are some of those areas in EU law and policy where natural rights, upon which Common Law is based, are infringed... Above the Law Agents of the EU government cannot be prosecuted. All those who work for the EU have a life time's immunity from prosecution. The buildings, records and files of the EU cannot be searched. They are above the law.[41] Power of Arrest A portion of the principle of the separation of powers can be seen in the concept of a warrant for arrest. When the police (a part of the executive branch of government) want to arrest someone they must go to a judge (a part of the judicial branch of government) and receive a warrant to do so. This means they need to convince the judge that they have a reasonable cause to make an arrest. The judge, hopefully independent of the executive as a member of the independent judicial branch of government, will have to agree before the arrest warrant is issued. The EU has effectively dismantled this important check on government tyranny and at a European level to boot. New extradition procedures empower the EU with the "European Arrest Warrant"[42] which strips the British Government of doing anything to stop European officers from coming into the country and taking whomsoever they want away for incarceration. They do not even need to possess the warrant. There does not even need to be a warrant! The British Government will be powerless to stop them (as eventually with all EU laws). The Right to Own and Control Property In his classic and (in the opinion of this writer) inspired book, The Law, Frédéric Bastiat, the French economist (1801-1850), states: "Life, faculties, production – in other words, individuality, liberty, property – this is man. And in spite of the cunning of artful political leaders, these three gifts from God precede all human legislation, and are superior to it…" Under Common Law depriving people of their property can only be justified as a punishment for a criminal offence wherein the offender has been found guilty of seeking to illegally deprive, or actually depriving, another of his property, life (person) or liberty. Indeed, governments are set up to protect property rights in the first place and it is the right to own and control property that facilitates every other freedom (see end note [2]). The right to own and control property precedes and is superior to government. Governments that unjustly violate property rights are ignoring one of the prime purposes for their existence in the first place. So what is the EU’s take on the right to own and control property? From the Charter of Fundamental Rights of the European Union we read that: "no one may be deprived of his or her possessions, except in the public interest..."[43] And the Charter of Fundamental Rights (Article 52) allows the EU to limit rights "where necessary" in the "general interest" of the EU. It is the European Court that will decide what is both "necessary" and what exactly constitutes the "general interest". There is no such person as a "public interest"; what this means is that the EU Government will deprive people of possessions when they so choose – for they will decide what the public interest is. The Right to Free Speech (and to criticise the EU) The European Court of Justice has ruled that it may lawfully suppress political criticism of its institutions and leading figures; that dissent can be restricted to "protect the rights of others" and punish those who "damaged the institution’s image and reputation".[44] The Advocate-General of the ECJ gave a legal opinion (ref. case C-274/99) that criticism of the EU was akin to blasphemy. Punishing someone for allegedly criticising the EU, whether such allegations were proven or not, were (said he) not an infringement of free speech.[45] Another example of the EU's attitude toward freedom of speech is their Weights and Measures (Metrication Amendments) Regulations 2001 which will make it a criminal offence to even so much as mention imperial measurements at work or in any official capacity.[46] The EU is also creating "new crimes" whereby it can make illegal expressions it deems to be "xenophobic" or "racist". Terms it will define of course. The Right to be Left Alone The right to be left alone, emanating from if not synonymous with the right to liberty, is one of the most crucial freedoms in a free society. Again, the EU has little respect for this right and the privacy of its citizens. Europol, the new European Police force, is not accountable to an elected body. It answers to a committee formed by the Council of Ministers. It has a much wider function than fighting crime, being possessed of the ability to store information on a central database (provisions for which were made under the Maastricht Treaty) on anyone (criminal or not), including a record of an individual’s political and religious affiliations. Historical precedence has shown that ID cards and other ways of recording personal information have always been abused – if not by the government that established it, then by a successor. Anonymity is an important part of the right to be left alone. Contrary to popular belief information-storing and ID cards do not decrease crime, they serve only to control and impede law-abiding people in their rights and liberty.[47] Worrying powers have already been exercised when in 2002 the Council of Ministers instructed police to place on their database suspected political "troublemakers" with a view to preventing them from leaving their home countries and attending protests directed at EU summits.[48] Common Law presupposes that everything is permitted that is not expressly forbidden by law whereas the Civil Law of Europe takes the view that everything is illegal unless expressly permitted by law. Under Common Law all men are presumed innocent and given the benefit of the doubt, under Civil Law all people are seen as potential criminals, presumed guilty and given no benefit of doubt. Hence the right to be left alone, the right to anonymity, is in total harmony with Common Law but in diametric opposition to Civil Law. The Right of Self-Defence Like Hitler, Mussolini and other tyrants, the EU wants all its citizens disarmed. The final right of people to remove their government by force of arms is hardly possible when they have had their right to keep and bear arms removed from them. On this subject Henry St. George Tucker wrote: "This may be considered as the true palladium of liberty . . . . The right of self defense is the first law of nature. . . . Wherever . . . the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction."[49] The right to keep and bear arms is enshrined in the English Bill of Rights (1689) which, in part, reads: "The subjects...may have arms for their defence suitable to their condition and as allowed by law." This is a declaration of a lawful right and is not subject to infringement by governments of the day; its inclusion was and is for the very purpose of protecting from such infringement.[50] The Right of Free Association The EU is also looking to fund political parties with taxpayers' money, a proposal that is so clearly wrong it is a wonder anyone could support it. Although the EU claims this will bring more democracy and transparency (which it will not) the real effect of state funding will be that the EU will control which parties are legal and which are not. One Polish MP, currently an observer Member of the European Parliament, gave this warning when he found out about the proposed EU statute on European political parties:
This voice of experience should be a wake-up call to us all regarding the true nature of the EU.
The Right to Trial by Jury
This is not the only reference in this essay to trial by jury, and deliberately so. It's a crucial freedom. In addition to what has already been written, let's read what Churchill said on the matter:
Provisions exist in the Amsterdam Treaty[53] for the Corpus Juris legal system. This can be introduced by Qualified Majority Voting even if the British Parliament is totally against it. The British Government has already been trying to abolish trial by jury for certain offences, no doubt as a preparatory stage to accepting Corpus Juris.
The European Public Prosecutor (set up by Corpus Juris) will initially have powers over cases involving fraud against the budget of the EU but which will later extend to all criminality (or what the EU deems criminal).[54]
The House of Lords, not to mention many lawyers and liberty groups, are opposed to the abolition of these rights protected in the Magna Carta, which might explain at least one of the reasons why the Government is so keen to rid itself of that House and introduce judicial "reform".
The EU has not had its own accounts signed off by auditors in eight years; the EU is rife with fraud and corruption.[56] Should we trust the EU to make economic decisions for us?
Most of our trade is not with Europe. The value of exports and services to the EU is just 16% of UK Gross Domestic Product (GDP).[57]
We do not have the majority of our investments in Europe. The EU costs us a lot more money by being in than out; costs on food alone have been reported as £940 more per family per year than they would be if we were outside the EU. Britain pays far more into the EU than it gets back. Britain's involvement in the European Exchange Rate Mechanism (ERM) was economically disastrous (and unemployment increased by 1.2 million) and it will be worse under full-blown Economic and Monetary Union (EMU) with the Euro as our currency.[58] Let's not forget that the burdensome VAT is also a tax of European origin.
The majority of British businesses do not support a single currency. Both the Institute of Directors and the Federation of Small Businesses (by far the largest business organisation in the UK with 185,000 members) oppose the Euro.[59] In fact the FSB recently held an Annual Conference where the votes were 104,568 in favour of not signing the EU Constitution (5,292 voted were in favour).[60]
According to one survey the cost to firms would reach £51 billion to convert to the Euro.[61] The bottom line on why the Euro and economy cannot work is because what is being done is chiefly political and not economic.[62]
One more myth to address here is that of unemployment. Leaving the EU will not cause mass unemployment. Distorted reports and false claims that big companies would leave Britain if we came out of the EU have been spread by certain groups and interests who seem to care very little for the truth. One such pro-EU group, called Britain in Europe, leaked a report from the National Institute of Economic and Social Research and claimed it showed eight million jobs in Britain would be lost if Britain left the EU. The director of the Institute, Martin Weale, condemned Britain in Europe's distortion of the research as...
Christopher Story of the London-based Soviet Analyst described Romano Prodi's manifesto of 2000, setting out the Commission’s agenda for the subsequent five years, as:
Dr. Uno Silberg, PhD and Chairman of the Estonian Movement NO to the European Union, has tabulated comparisons between the European Union and the Soviet Union, and reports that "in the eyes of many Estonians the present EU is nothing less than a disguised Soviet Union."[66] And they should know.
Staying in Estonia, we find Christopher Bollyn of the American Free Press reporting:
"Moscow and Brussels differ only in one point," professor Igor Gräzin, one of the leading anti-EU voices in Estonia says: "The Soviet Union theoretically allowed nations to leave the union. Brussels is creating organs, however, which would kill that idea in the bud."[67] Beyond direct comparisons there is also the evidence of communist influence in the EU itself (both now and in its founding). One only has to look to EU leaders and officials to see ties to the KGB and a whole other assortment of dubious connections and damning evidence.[68]
This document, the Magna Carta, is the foundation of our Constitution and it cannot be broken[69] by Parliament. It is a covenant between the Constitutional Head (the Sovereign monarch) and the subjects. Common Law and this covenant pre-date Parliament and are therefore not subject to abolition by that body. The purpose of Parliament is to give expression to Common Law, to strengthen that expression but never to weaken or suppress it). Let’s put this principle another way because it is vital we understand it if we are to avoid confusion and deceit by unscrupulous political rulers, bodies and movements… The Common Law represents the natural rights and sovereignty of citizens, these pre-date and are superior to both constitutions and governments. Just constitutions are based on Common Law whereby they affirm by declaration the natural rights and freedoms of man. Constitutions also establish a structure for government and a framework in which government may fulfil its responsibility and purpose (namely to protect the Common-Law rights of the governed). Governments are therefore inferior to constitutions and Common Law, being born of and bound by them. Though the people of Britain by revolution may change the Constitution, the Government may not. Parliament exists only to give expression to those rights affirmed in a constitution. Its duty is thus to deal with procedural and not substantive law (i.e. it cannot abolish or create rights; it cannot yield sovereignty). Under the British Constitution it is understood that... "Parliament...has...the right to make or unmake any law whatever; and, further, that no person or body is recognized by the law of England as having a right to override or set aside the legislation of Parliament."[70] The principle that no Parliament may bind its successors is clearly violated by signing agreements which claim to trump the supremacy of Parliament and bind future generations to laws they cannot revisit. In this connection it should be noted that the EU itself acts under a doctrine called acquis communautaire (the text of which has been reported as at least 80-100 thousand pages, some sources giving a figure of 320,000 type-written pages as far back as 1998!) which holds that once a power, or area of legislative authority, is gained it never again gives it back. The EU cannot become less centralist, only more centralist. It is in diametric conflict with the British Constitution and the authority and very nature of Parliament. Some have also argued that Parliament has shared sovereignty, or that it has been pooled. This is a contradiction in terms; sovereignty is an exclusive attribute. You either have it or you do not.[71] Furthermore, sovereignty resides in the individual and, as such, Parliament represents that sovereignty. It cannot yield it or give it away. It is not in their power to surrender it because it does not belong to them. To use an analogy, it would be rather like an employee of a company going to a meeting with another company and selling off or merging his employer's company without any authority or instruction to do so. Many other points could be raised here too, such as the fact that the Maastricht Treaty was only valid in Europe if ratified by all countries involved. It was not.[72] Another point, in addition to those already discussed, is our own Act of Union which again has been violated by the Maastricht Treaty and invalidated both the union of Scotland and the rest of the UK as well as Parliament's own authority.[73] It is evident from the material above that those seeking to bring Britain into political union with Europe, unwittingly or not, may well be committing acts which are both illegal and treasonable[74] in addition to being unlawful. The EU Constitution"The European constitution...shall have primacy over the law of the Member States." (Article 10.1, proposed EU Constitution)Romano Prodi, President of the EU Commission, in an address to members of the European Parliament said: "Europe must assume responsibility for peace and development in the world...With a single voice we can wield real influence. Only united can we put our own humanist stamp on globalisation and infuse it with Europe's social values...I am convinced that we need a constitution to mark the birth of Europe as a political entity...[The Union] is not an alliance between States or a federation. It is an advanced supranational democracy that needs to be strengthened." (emphasis added) [75]Ashley Mote - MEP, author, broadcaster and constitutional historian - says of the proposed Constitution for Europe: "Essentially, it is not a constitution at all. It is little more than an elaborate attempt to legitimise the seizure of power by a ruling elite," (emphasis added) and he goes on to list six of the fundamental defects in the document:
The Constitution also designates the Euro as the currency of the Union, which means Britain's opt-out of the Euro becomes meaningless if it signs up for the Constitution.[77] Article 58 of the Constitution reaffirms previous provisions when it provides for a member state to be reduced to colony status, with no voting rights but all obligations to the EU still in force, when she is considered by others to have violated "human rights" and "the rule of law". Of course, these latter terms are undefined and will be interpreted as the EU's arbitrary will decides.[78] The so-called "exit clause" for member states to withdraw from the EU includes a two-year forced waiting period during which the member state loses all decision-making powers in the EU and during which the Union can exercise such powers as it sees fit upon the rebel state.[79] Any MP who votes to accept the EU Constitution, with its irreversibility (or "pretence" thereof), will be in breach of their Oath of Allegiance which is to defend the Queen as sovereign - and she can remain sovereign only if she is the head of a sovereign state (i.e. an independent, self-determining state which is subordinate to no other).[80] Treason at Westminster"Few men have been desperate enough to attack openly, and barefaced, the Liberties of a free People. Such avowed Conspirators can rarely succeed: The Attempt would destroy itself. Even when the Enterprize is begun and visible, the End must be hid, or denied. It is the Business and Policy of Traytors, so to disguise their Treason with plausible Names, and so to recommend it with popular and bewitching Colours, that they themselves shall be adored, while their Work is detested, and yet carried on by those that detest it. The above was originally written in 1720. Little has changed since then. Through the complicity of prominent and influential figures and factions in the Conservative and Labour Party, both employing deceitful and wholly corrupt means,[82] the UK has not only joined but become further entrenched in the EU. Perhaps we will draw to an end with the now infamous words of Prime Minister Edward Heath. As Prime Minister, in the House of Commons on 25th February, 1970, in the build up to EEC entrance, Heath said: "There will not be a blueprint for a federal Europe." Yet in 1991 he was asked: "the single currency; a United States of Europe; was that in your mind when you took Britain in?". Edward Heath replied, "Of course, yes." (emphasis added)[83] And in a White Paper published in July 1971 concerning Britain's entrance into the supposedly for-trade-only Common Market: "There is no question of any erosion of essential national sovereignty...There are some in this country who fear that in going into Europe, we shall in some way sacrifice independence and sovereignty. These fears I need hardly say are completely unjustified." (emphasis added) Time has shown this to be false. What is more, documents released later showed this statement to have been an outright lie.[84] Have Ministers been deceiving the British public? As early as 1962 Ministers were formally instructed regarding Common-Market membership: "Ministers should in public speeches avoid accepting specific commitments or giving explanations of the Government's general commitments which might prove embarrassing when the final terms (of membership) become known in detail."[85] And what about those who want to reform the EU from within? It is simply not possible. The way the EU is structured, our increasing minority status, and a host of other factors spelled out in this essay, stop this from being in any way achievable. The Hansard Society has said: "Any attempts by any government to try to amend Community legislation to its own wishes are doomed to failure...Parliament has little, if any, input upon the process of European law-making..." (emphasis added)[86] Conclusion and a PleaThe opening quotation of this article is from Andrew Fletcher of Saltoun. He spoke great wisdom in those words. Truly, unless we first love our own, we can never truly love another; unless we put first our own kin and country in the dispensing of our charity and duty, we will never truly develop the character and feelings necessary to "love [and treat] all equally". This is a natural truth founded upon free will (itself the reason for sovereignty's existence) and cannot be forced by political means.Britain, in stark contrast to Europe, has had a long tradition of liberty of the individual. Today, despite our own domestic problems, our oversea investments are far larger than any European nation; two thirds of all "European" investment into the USA come from Britain; Britain is second to only the United States in terms of investing overseas; over half of all commercially viable inventions discovered in the last sixty years have come out of Britain; British firms were the purchasers of nearly half of international acquisitions and mergers in the first part of 1999 alone. We are the fourth largest economy in the world. This is a triumph of a good system. Yes, it could be improved. Yes, there are problems. But there will be many more problems if we join the EU and, what is more, we will not possess the power to put them right. Everything Common Law stands for, everything patriots have ever fought for, and everything freemen have ever loved and dreamed of, is now under threat of extinction. Will Britain remain a free nation? That is what hangs in the balance. Don't let anyone convince you otherwise.
End Notes
Suggestions for Further StudyBooks Vigilance: A Defence of British Liberty by Ashley Mote. This book is a must-read. The author presents the case very well and in an easy-to-read manner. This book is the one book that, if everyone read, would truly wake up the people of Britain and the free world to their own blessings and the very real threat of the draconian European Union.http://www.author.co.uk/vigilance or http://www.ukip.org NOTE: You may download and print out for free a text file with excerpts from this book at: http://www.silentmajority.co.uk/eurorealist/pdf/VIGILANCE%20Ashley%20MOTE%20Intro.rtf) Defence of the Realm by Ashley Mote (booklet). Looks at the cogent argument that the EU treaties, et. al., are actually illegal in Britain. The text of this booklet can also be found in the appendix of the above book. http://www.silentmajority.co.uk/eurorealist/MagnaCarta Treason at Maastricht: The Destruction of the Nation State by Rodney Atkinson and Norris McWhirter. This book is a testament to the patriotic and highly knowledgeable Norris McWhirter who sadly died of a heart attack the same week that it was reported that the Prime Minister had agreed to hold a referendum on the EU Constitution. Norris, together with Rodney Atkinson, brought charges of treason against certain individuals in the British Government. This book looks at the eight treason charges, the British Constitution, the Nazi and Bilderberger involvement in the EU, Winston Churchill's real vision of a future Europe, and the threat that exists to British and American sovereignty today.http://www.amazon.co.uk/exec/obidos/ASIN/0950935395 The Last Days of Britain: The Final Betrayal by Lindsay Jenkins (foreword by Norman Lamont)Detailing the decades of dishonesty as both Labour and Conservative governments have betrayed Britain and her people. http://www.junepress.com/reviewpic.asp?BID=652 Britain Held Hostage by Lindsay Jenkins (foreword by Frederick Forsyth)Reveals the truth about who really created the EU and why. http://www.junepress.com/reviewpic.asp?BID=554 The Great Deception: The Secret History of the European Union by Christopher Booker and Richard North.One of the most professional and detailed works on the history of European union from 1918 to the present. Thoroughly recommended. http://www.ukip.org The Principality and Power of Europe: Britain and the Emerging Holy European Empire by Adrian Hilton.Excerpts from this book can be found by visiting http://www.adrianhilton.com/pages/excerpts.htm The Law by Frédéric Bastiat. Classic work on the proper role of law in a just society (book). Held in high regard by Britain and the US but ignored in his own country of France, no doubt because he was no friend to statist continental philosophies.http://www.lfb.comOn-line Articles & Essays Historical Deceptions: European Union by Joel Skousen (on-line essay). Insightful and informed commentary on the dangers of the EU and how it affects all of us. Taken from World Affairs Brief.http://www.worldaffairsbrief.com/keytopics/EU.shtml An Essay on the Trial By Jury by Lysander Spooner (on-line essay). Excellent essay on the real importance and role of the jury. Once you've read this you'll never look at trial by jury the same again.http://www.geocities.com/Heartland/7394/lysander.html A Sceptical Introduction to the European Union by Richard Greaves (article). As the title suggests, an introduction to the EU touching upon its major institutions, monetary and banking system, Europol, Corpus Juris, and other prominent elements. From The Sovereignty Journal. http://www.sovereignty.org.uk/features/articles/euintro.html Corpus Juris and the Threat to British Common Law Rights (web article) http://www.silentmajority.co.uk/eurorealist/corpus_juris.html The "New European Soviet" by Vilius Brazenas (magazine article). Mr. Brazenas at ninety plus remembers most of the major events of the last century. He claims the EU is rapidly descending into totalitarianism and tells us exactly why it could be no different. http://www.thenewamerican.com/tna/2004/09-06-2004/eu.htm The Law is Above You: The Christian Roots of English Common Law by Michael A. Clark and others (web article) http://www.britishisrael.co.uk/articles/3.htm Britain’s Unique Heritage of Law Threatened by an E.U. Police State: A Napoleonic System of Repression Now Confirmed in Corpus Juris (web article)http://www.bullen.demon.co.uk/britain.htm Corpus Juris by Stealth . Long web page with updates on current British-EU topics and how they affect our freedom. (web article)http://www.kc3.co.uk/~dt/CorpusJuris.htm The Fascist Inheritance in the European and Blair Projects by Edward Spalton. Available on-line at http://klub.org.pl/pipermail/central-europe_klub.org.pl/2004-August/000115.html. United States Foreign Policy by Ezra Taft Benson (speech). An elaboration on national sovereignty and the true meaning of nationalism; given at the Farm Bureau Banquet in Preston, Idaho, June 21st 1968.
Europe's New Constitution: Philadelphia It Is Not by Patrick Basham and Marian L. Tupy (web article). A comparison of the proposed EU Constitution and the US Constitution. This article was published by Scripps Howard News Service, March 4, 2003.
The EU Constitution is Incompatible with Ours by John Bingley (speech). A plain and well-argued address pointing out the illegitimate position of the EU Constitution within the context of the British Constitution.
Videos European Union "Shockwaves": The Facts They Don’t Want You To Know (video) by SANITY, 2003. Tel. England 01626 824528 or via the UKIP on-line store at:http://www.independence.org.uk Organisations The June Press
EuroFAQ
The Bruges Group The Freedom Association (TFA) http://www.tfa.net (We would especially draw Conservative readers' attention to the "Letter from the Chairman" article by Christopher Gill MP who serves as Chairman of the Freedom Association. Access it direct at http://www.tfa.net/freedomtodaymayjun2004p21.pdf - readers might also want to study the article Conservative MEPs and the European People's Party: Time for Divorce, by Martin Ball and Jonathan Collet, available on-line at http://www.brugesgroup.com/mediacentre/index.live?article=94). Freedom-Central.Net
http://www.freedom-central.net Periodicals & Other Publications Portman Papers Other Resources EuroFAQ's European Constitution Resource Page New Alliance Constitution and Documents Archive About the Author NB: As this article is continually being updated and expanded, please check for the latest version at http://www.freedom-central.net/euandbritain.html if you are not currently reading it from that page. This Version: 17.09.04. Trial by Jury: An Essential Safeguard For a Free Society link added to end note number 14; subtitular note added regarding the reading of end notes. Word count: c. 16,300
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