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What we really need to know about nullification can be found in two places.  Many naysayers, who think they know, simply don’t know about nullification.  I am a proponent of state nullification of federal laws, rules, regulation, and executive orders when these exceed the federal government empowerment found in our Constitution.  You may think that I am a crack pot.  However, I have two allies in the nullification fight – Messrs Jefferson and Madison, the two chaps who are the principal architects of the Declaration of Independence and the Constitution of the United States.

Both these men have written on nullification and proposed it as far back as 1798.  Nullification was proposed for the Kentucky and Virginia state governments, and passed by both to refuse to honor two federal laws – the Alien and Sedition Acts at the time.

The first appearance of the right to nullify occurred in 1798, and the two collaborators in the Resolution of ’98 were Thomas Jefferson and James Madison. This duo should bring gravitas to the argument. Madison wrote of the right to nullify in the Virginia Resolution of 1798, wherein his document was adopted by the Virginia General Assembly and agreed to by the Virginia Senate in that same year. These were a nullification of the Alien and Sedition Acts passed by Congress and signed into law by President John Adams.

Jefferson also very eloquently and clearly wrote of the right of a state to nullify in the Kentucky Resolution of 1798, where-in he cited Article I, Section 8’s enumerated powers and the tenth amendment. This collaboration, but mostly Jefferson resolution was adopted by the Kentucky legislature in the same year.

Nullification means that any state legislature can declare an act, regulation, or a law of the federal government not supported by the powers afforded the federal government, to be unconstitutional and nullified under the powers granted the states in the tenth amendment – “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

This has been tried, but is not directly found in the Constitution. Nullification, that is not “constitutionalized” would be a sticky event. There is precedent provided by and arguments for nullification from the two rather influential and important founders mentioned above.  These two men were the quintessential constitutional scholars.

Nullification is a solution! These two very key founders were in favor of nullification. James Madison was a principal architect of the Constitution and the father of the Bill of Rights. He knew and understood better than any human on the planet, the intended relationship between a state, the states, and the federal government? Yes, Madison did late in life indicate that he did not intend for nullification, but his reasoning and words of the Resolution of ‘98 and Jefferson’s nullification argument can be used to prove that something nullification-like does fall to the states.

Nullification was also authored during the War of 1812 and with the Embargo of 1807 through 1809. Oddly enough, Jefferson was President for the Embargo; the federal government enacted an embargo of shipping, prohibiting all American ships from leaving American ports bound for any foreign port. This was to combat acts from Britain and France against America’s neutral rights on the seas. These are not the only examples of nullification in the history between the states and the federal government.

The following is taken from the website constitution.org and is the reprint of the text of resolution.  The website also states “The following resolution was adopted by the Virginia Senate on December 24, 1798, as a protest against the Alien and Sedition Acts passed by Congress. It was authored by James Madison, in collaboration with Thomas Jefferson, who authored a set of resolutions for Kentucky.”

THE VIRGINIA NULLIFICATION RESOLUTION

RESOLUTIONS AS ADOPTED BY BOTH HOUSES OF ASSEMBLY.

1. Resolved, That the General Assembly of Virginia doth unequivocally express a firm resolution to maintain and defend the Constitution of the United States, and the Constitution of this State, against every aggression, either foreign or domestic, and that it will support the government of the United States in all measures warranted by the former.

2. That this Assembly most solemnly declares a warm attachment to the union of the States, to maintain which, it pledges all its powers; and that for this end it is its duty to watch over and oppose every infraction of those principles, which constitute the only basis of that union, because a faithful observance of them can alone secure its existence, and the public happiness.

3. That this Assembly doth explicitly and peremptorily declare that it views the powers of the Federal Government as resulting from the compact, to which the States are parties, as limited by the plain sense and intention of the instrument constituting that compact; as no further valid than they are authorized by the grants enumerated in that compact, and that in case of a deliberate, palpable, and dangerous exercise of other powers not granted by the said compact, the States, who are the parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights, and liberties appertaining to them.

4. That the General Assembly doth also express its deep regret that a spirit has in sundry instances been manifested by the Federal Government, to enlarge its powers by forced constructions of the constitutional charter which defines them; and that indications have appeared of a design to expound certain general phrases (which, having been copied from the very limited grant of powers in the former articles of confederation, were the less liable to be misconstrued), so as to destroy the meaning and effect of the particular enumeration, which necessarily explains and limits the general phrases, and so as to consolidate the States by degrees into one sovereignty, the obvious tendency and inevitable result of which would be to transform the present republican system of the United States into an absolute, or at best, a mixed monarchy.

5. That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the “alien and sedition acts,” passed at the last session of Congress, the first of which exercises a power nowhere delegated to the Federal Government; and which by uniting legislative and judicial powers to those of executive, subverts the general principles of free government, as well as the particular organization and positive provisions of the federal Constitution; and the other of which acts exercises in like manner a power not delegated by the Constitution, but on the contrary expressly and positively forbidden by one of the amendments thereto; a power which more than any other ought to produce universal alarm, because it is levelled against that right of freely examining public characters and measures, and of free communication among the people thereon, which has ever been juslly (justly) deemed the only effectual guardian of every other right.

6. That this State having by its convention which ratified the federal Constitution, expressly declared, “that among other essential rights, the liberty of conscience and of the press cannot be cancelled, abridged, restrained, or modified by any authority of the United States,” and from its extreme anxiety to guard these rights from every possible attack of sophistry or ambition, having with other States recommended an amendment for that purpose, which amendment was in due time annexed to the Constitution, it would mark a reproachful inconsistency and criminal degeneracy, if an indifference were now shown to the most palpable violation of one of the rights thus declared and secured, and to the establishment of a precedent which may be fatal to the other.

7. That the good people of this commonwealth having ever felt, and continuing to feel the most sincere affection to their brethren of the other States, the truest anxiety for establishing and perpetuating the union of all, and the most scrupulous fidelity to that Constitution which is the pledge of mutual friendship, and the instrument of mutual happiness, the General Assembly doth solemnly appeal to the like dispositions of the other States, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid are unconstitutional, and that the necessary and proper measure will be taken by each, for co-operating with this State in maintaining unimpaired the authorities, rights, and liberties reserved to the States respectively, or to the people.

8. That the Governor be desired to transmit a copy of the foregoing resolutions to the executive authority of each of the other States, with a request that the same may be communicated to the legislature thereof. And that a copy be furnished to each of the senators and representatives representing this state in the Congress of the United States.

The Kentucky Resolution as provided by pinzler.com

The representatives of the good people of this commonwealth [of Kentucky], in General Assembly convened, have maturely considered the answers of sundry states in the Union, to [the ongoing debate and discussion of]… certain unconstitutional laws of Congress, commonly called the Alien and Sedition Laws, would be faithless, indeed, to themselves and to those they represent, were they silently to acquiesce in the principles and doctrines attempted to be maintained…. Our opinions of these alarming measures of the general government, together with our reasons for those opinions, were detailed with decency, and with temper and submitted to the discussion and judgment of our fellow-citizens throughout the Union…. Faithful to the true principles of the federal Union, unconscious of any designs to disturb the harmony of that Union, and anxious only to escape the fangs of despotism, the good people of this commonwealth are regardless of censure or calumniation. Lest, however, the silence of this commonwealth should be construed into an acquiescence in the doctrines and principles advanced… therefore,

Resolved, That this commonwealth considers the federal Union, upon the terms and for the purposes specified in… [the Constitution], conducive to the liberty and happiness of the several states: That it does now unequivocally declare its attachment to the Union, and to that compact… and will be among the last to seek its dissolution: That if those who administer the general government be permitted to transgress the limits fixed by that compact [the Constitution], by a total disregard to the special delegations of power therein contained, an annihilation of the state governments… will be the inevitable consequence: [That the construction of the Constitution argued for by many] state legislatures, that the general government is the exclusive judge of the extant of the powers delegated to it, stop not short of despotism ­ since the discretion of those who administer the government, and not the Constitution, would be the measure of their powers: That the several states who formed that instrument [the Constitution] being sovereign and independent, have the unquestionable right to judge of the infraction; and, That a nullification of those sovereignties (sovereigntys), of all unauthorized acts done under the color of that instrument is the rightful remedy: That this commonwealth does, under the most deliberate reconsideration, declare, that the said Alien and Sedition Laws are, in their opinion, palpable violations of the said Constitution…. although this commonwealth, as a party to the federal compact, will bow to the laws of the Union, yet, it does at the same time declare, that it will not now, or ever hereafter, cease to oppose in a constitutional manner, every attempt at what quarter soever offered, to violate that compact…. This commonwealth does now enter against [the Alien and Sedition Acts] in solemn PROTEST.

So when you think about whether a state can nullify a federal law regulation, rule, or executive order, just consider that two men with more knowledge of the Constitution than the consummate knowledge of all the supreme Court justices since the first court combined, thought it was the right of every state to do so.  Challenge the premise and you are challenging two of the founders who brought us the Declaration of Independence and the U.S. Constitution with the Bill of Rights.  Remember, Madison wrote the constitution document and understood what was intended.

 

 

 

 

 

 

 

 

 

 

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I have not been delivering posts for this blog of late for a number of reasons, but this is one that I must write.  Normally, I provide solutions, but in this case I have no solutions to offer.  Now that the primaries are underway and some have finished, we begin to see the landscape shaping toward a removal of incumbents in both parties.  While the removal of incumbents, especially those who are progressive socialists / large central government heavy spending types is essential, we are headed to a dramatic radical change in this nation; one that we have never experienced, at least in my lifetime.  When we complete the purge of the Congress in both the House and Senate (only one-third of the senate is up for reelection) in the general election, we will have created a powerful lame-duck beast.

From November 3rd through and including January 3rd 2011, we will have between 40 and 50 unseated politicians who have nothing to lose by doing President Obama’s bidding.  The draconian severity of the legislation these lame ducks will pass for their President to sign will be earthshaking.  We will see amnesty and citizenship for illegal aliens, and a bailout of the union pension funds. Keep in mind that the unions have unsustainable pension problems because they simply cannot fund the promises made and they have used their available funds to get socialist progressive candidates elected.  During this dark period we will see our government collected tax money used to reimburse unions for the vast sums they poured into the campaigns of the folks who will now pay them back with our money.  This means that these unions will have dramatically transformed our America from what we know with our own money.

You might say that when we have replaced these incumbents with fresh faces we can reverse the legislation of the 111th Congress.  Well we will need two-thirds of each house to override the President’s veto.  During this period of lame duck representation, those who are shy right now in the campaign period to increase our deficit and our debt will be unshackled from the fear of being voted out.  They will now be able to set a record for stimulus, earmarks, and progressive big government legislation, along with a massive cap-and-trade bill to solve an imaginary man-made climate problem – it is really a worldwide wealth redistribution tax that will be imposed.

We will see Puerto Rico as our 51st state, an end to drilling for oil in this country, and the beginning of serfdom for the citizens of the United States of America.  We will also see an intentional further opening of the border with Mexico.  Every dream that the  progressive wealth redistribution activists have ever had will become a reality during this lame duck period – they will have nothing to lose.

President Obama will be served his radical transformation of America on a silver platter – he will only have to sign legislation.  During the revolution lame-duck period there will be no checks and balance system that we need to protect this country from ruin.

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It is clear that our country is in serious trouble due to debt and our economy.  It is also clear that this trouble did not occur overnight.  It took years of sick misguided nurturing to get us where we are today;  at a fork in the national path.  We must decide which direction to take.

Do we head down the pike of progressivism with a European like socialism as our government?  Or do we slam on the brakes and make a hard direction change to take the right fork?  Before we discuss that choice, we should analyze what brought us to this juncture.  Yes, we can blame the current or the previous administrations – both have had a hand in our potential demise.  I prefer to start by analyzing Congress and the root cause that has slowly but steadily taken this nation to this precipice.

Did you know that since there are no term limits in Congress that it has become a club for some members?  Those members who quickly learn how to play the special interest game and how to amass money and power have longevity.  The more you learn how to manipulate the system and the perks of seniority, the more you can protect yourself against challengers and be reelected again and again.  The lack of term limits has permitted twenty five percent of our Senate to be in office more than three terms – more than eighteen years.

It gets better.  We have senators serving for as much as fifty-one years.  Robert Byrd is in his ninth term and at ninety two years of age is in his fifty-first year – he is also third in line to be President of the United States after Nancy Pelosi.  This makes me feel warm and fuzzy all over.

Robert Byrd is not alone.  Arlen Specter is eighty and is seeking his fifth term.  He is in his 29th year – isn’t that enough?  Other career politicians deeply planted in the Senate, who by the end of this year will have served more than any one person should, are:

Richard Shelby-AL – 23 (years)

John McCain-AZ – 23

Chris Dodd-CT (at least he is retiring) – 29

Joe Lieberman-CT – 21

Daniel Inouye-HI – 47

Daniel Akaka-HI – 19

Richard Lugar-IN – 33

Chuck Grassley-IA – 29

Tom Harkin-IA – 25

Mitch McConnell-KY – 25

Barbara Mikulski-MD – 23

John Kerry-MA – 25

Carl Levin-MI – 31

Thad Cochran-MS – 31

Kit Bond-MO – 23

Max Baucus=MT – 31

Harry Reid-NV – 23

Jeff Bingaman-NM – 27

Kent Conrad-ND – 23

Orrin Hatch-UT – 33

Patrick Leahy-VT – 35

Jay Rockefeller-WV – 25

Herbert Kohl-WI – 21

Do these people have a stake in the derailing of this nation?  Are they partially responsible for the catastrophic mess we are in?  How many votes have they cast that have put us right where we are?

In the House of Representatives where the term is two years (the Senate is six years), we have just as much carnage.  There are forty-one members serving 25 or more years.  This includes members with thirty, forty, and yes, even fifty years of service.

When you consider that Senators, for the most part, had service in the House of Representatives before joining the Senate, we have an absolute power corrupts situation in our Congress.  These career politicians of the Senate serving upwards of forty years in the Congress, when you combine service in both houses, and the career two year term politicians of the House of Representatives are responsible for the economic failure and the disregard of our Constitution with years of seemingly unconstitutional and government intrusion legislation.

We need fresh representation in both houses of Congress, because our current representatives in the Senate and the House have an abysmal track record, often only serving themselves and not the nation.  They have been there too long to be in touch with the electorate.  This, to any sane person, is the root cause of our demise.

Now, back to that fork in the road.  I choose the path of new leadership in both houses of Congress, a new administration, and substantially less government intrusion into our markets and our lives. How about you?

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Despite continuing efforts by the far left of the Democratic Party, some in the Republican Party, and many in the lame stream media, The Tea Party movement continues to pick up steam.  I have met Tea Partiers and can tell you of their mind-set.  They mean business and fully intend to bring this country back to the ideals of a center right nation, free markets, limited federal government, and adherence to the Constitution.

In one case I listened to a conversation between a Republican conservative candidate for Congress and a Tea Party voter at a Tea Party event.  It was not pretty.  The lame stream media will have you believe that the Tea Party is the Republican Party with a new face, but don’t believe it.  I watched that Tea Party voter challenging the Republican candidate with “How do I know if I vote for you, you are not going to be like the rest of them in Washington?” “How do I know you are going to be honest and listen to the people?”

These people are Republicans, Libertarians, Democrats, and Independents, both with a lowercase and upper case “i”.  They want limited but effective government at all levels of government, cuts in spending, cuts in taxes, and adherence to the Constitution of the United States.  They don’t want what our Congress and current Administration are selling.  They seek a strong economy with free market solutions.

Read an opinion piece about the Tea Party convention by Glenn Harlan Reynolds in the Wall Street Journal.

If you continue to believe that the Tea Party is the Republican Party in disguise, think again.  Fox News reports that the Tea Party is targeting a Republican Utah Senator and just finished derailing Florida Governor Charlie Crist’s senate campaign.  Does this sound like they are the Republican Party?

For over a year, the lame stream media has either not bothered to learn about or understand and provide factual reporting on the Tea Party or they just blatantly have been intentionally misreporting on this movement, because the movement is certainly not good for the socialist progressive direction we are being pushed towards.

Here is a quote from a Wall Street Journal opinion piece by Richard Brookhiser; “The tea parties have made history, though. They stopped a monster of social engineering, stole a president’s halo, enraged their enemies, and made a fashion statement. Stockings and hair powder, anyone?” You can find the article at “Tea Parties and the American Political Tradition”

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Our President is heading to Copenhagen, Denmark in December to attend the UN Climate Change Conference. Six or so cabinet members are heading there as well, in an effort to craft a climate change agreement that would cost us untold trillions in higher energy costs, taxes (Cap and Tax – sorry, I mean Cap and Trade), and lost output and trade capability with the world. He and his cabinet are doing this immediately after revelations that over 1,000 emails on climate change were hacked and made public. These emails clearly show that climate change is not settled science and that there has been a widespread colluded attempt to cook the books, so to speak.

Instead of traveling to Copenhagen, The President should be calling for an investigation on the validity of climate change. He should be placing on hold all climate change initiatives until and when we can get to the bottom of this apparently very questionable movement, unless this movement is not really about climate change at all. Instead, could it be about control and one world government?

Thomas Reuter’s news agency has gone out of its way to minimize this revelation of scientists manipulating and hiding data, calling it a smear campaign. Let me see, reading and publishing emails which are very damming to the writers of those emails and which expose their scientific data on climate as distorted and incomplete is a smear. Reuters, get a grip. We see right through you.

The lame stream media has barely covered the hacking, publishing of the emails, and most importantly the impact of using falsified data to turn this planet’s governments on their collective ear. The New York Times barely touched the hacking, while the Washington Post gave it more space. The TV and cable media, except for Fox News, has apparently not heard of the hacking and the distorted data being used to radically change this country and the planet. The best I could find was a blog on The Kansas City Star’s Midwest Voices web site. To the writer’s credit, he has a nice piece on this issue “The end of blind faith in man-made climate change.” However, this blog is not hard news, just a timely well written and well directed blog.

Does it strike anyone as curious that worldwide government representatives, including United States Congressman, and Senators, and our President, are willing to move heaven and earth on this planet to invoke a policy that will permanently cripple economic growth and bring massive control over the citizens of this planet by forces that have been dubbed “The Climate Gestapo”?  Word from other sources indicate that this is not a game changer and that climate change is real despite the emails.  How can this be? The Wall Street Journal in “Climate emails stoke debate” illustrates this disinterest in facts and cooked data to achieve an outcome.

These emails go back to 1996 and in over 1,000 writings references are made to making data work, hiding data that does not support man-made climate change, and just changing data to support the goal of first selling global cooling to the world, then global warming, and now climate change. How can anyone say with a straight face that these emails do not change the widely held position— that we are suffering man-made “Climate Change”? Yet it is being said despite the knowledge that the data has been cooked to achieve an outcome!

Additionally, we must consider that the UN’s IPCC, – “Intergovernmental Panel on Climate Change” –  does not do any research.  Rather it depends on these scientists to  provide research for the IPCC to draw conclusions.  What scientists you ask?  Well the scientists who have been hiding, distorting, and obfuscating data since 1996.  Does this mean that the IPCC has been publishing conclusions taken as fact, based on flawed and intentionally distorted data?  Why yes!

Again, based on the widespread news media and governmental disregard for the bad data and the cooked books, we must boldly ask, “Is there another agenda at play here? Is “Climate Change” a ruse for global governance, at any cost, by the progressives of this world?”

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UPDATE: December 3, 2009

The Wall Street Journal is reporting, what the other media, other than Fox News Channel, will not: “Furor Over Climate Triggers U.K. Probe.”

An exposure of the scientific community’s clandestine approach to driving climate change awareness and warnings broke in some media, not all of the “lame” stream media, this weekend.   It appears that emails were hacked and what was found seems to indicate that a real force within the scientific community to silence climate change dissent among equally qualified scientists has been ongoing for some time. The Washington Post has an article, “In the trenches on climate change, hostility among foes”, which looks at the hacking and what corrupt forces have been occurring to shut out those scientists who simply do not concur with the climate change supposedly proven postulation.

As a non-scientist, I am under the understanding that science is not supposed to be based upon a vote or a consensus. It is supposed to be based upon proven tested fact. When some in the scientific community attempt to silence other scientists who have a different view or postulation, then we no longer have science – we now have politics and politics is not science. It appears that scientific rules have not been followed on this climate change postulation.  Ask any scientist of quality and you will find that postulation or theorem must be proven to be taken as scientific fact.

These arrogant “only their opinion counts” people will have us turn this world upside down to fight what may or may not be man made or occurring at all. (Note that the carbon levels keep climbing, but the temperature has not for 11 years.) The self important arrogance of these people appears to be overwhelming, or maybe their opinions are being driven by my the multiple of millions to be made by touting climate change – ask Al Gore.  These folks need to study the history of the planet to see the multitude of radical climate and atmosphere changes that have occurred since the planet was born.

Man’s time on this planet, supported by a climate and atmosphere suitable for man’s existence, is but a single tick on the clock of earth’s history. Why do these arrogant self-important people believe that the earth would and should remain hospitable to man forever?  It is man who needs to adapt, by moving and migrating as man has done for centuries, to more suitable climates and ocean tides and levels, if climate change is real.   We must adapt to any changes to the planet’s atmosphere and not the planet adapting to man.  Man cannot and never will in the near term be able to change the climate, the ocean currents, nor the atmosphere of planet earth – we simply are not that advanced.

What will be next?  Will be be warned against continental shift and attempt to stop it by forcing everyone to move to the center of the continents?  Keep in mind that if one very large asteroid collided with earth, climate change would be immediate and the longterm effects of climate change would be of no concern.  Mankind on earth would probably disappear in a relatively short time frame.

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Whatever happened to the national goals of a Strong National Defense, Fiscal Responsibility, Energy Independence, Free Market Solutions, and Individual Liberty? Why have we moved 180 degrees from this goal — a goal that made this country great?

National Defense

Over the past eight years we have worn down and, as of the latest poll of military morale, demoralized our once superb fighting force. We have had two long wars fought with politician oversight, mostly not to win, but to avoid losing. Why are we repeating mistakes of prior wars? We seem to use a calculator and a checkbook to measure our commitment to a fight, rather than providing an all out commitment to win rapidly and decisively.

In an effort to avoid drawing out the Afghan war further, our President, is considering a plan to wind down this conflict and either fight a small scale war or leave entirely. His personally appointed Afghan Commander has provided the President with a plan to win the war, but needs a greater commitment from the White House – a commitment that the White House appears unwilling to make. What the White House, and the many others, who decry that the Afghan war grinds on interminably fail to grasp simple plan. The plan is that similar to the strategy of World War II, where the Pacific Theater was fought as a holding action until the European Theater was won, we have fought a holding action in Afghanistan while we won the Iraqi war.

Our President needs to understand that the reason we went into Afghanistan was that the Taliban were allowing Al Qaeda to move freely, train freely, and constitute a large fighting and terror delivery force. Pulling out of Afghanistan or downsizing the war will embolden the Taliban and re-constitute a powerful al Qaeda. Pulling out now will waste the lives of those who have fallen and the sacrifice of those who suffered injury and permanent handicap fighting that holding action so that we could win in Iraq and then take on Afghanistan to win.

Fiscal Responsibility

Under George Bush and a mostly Republican Congress this nation experienced wild spending. Government intervention via a supposed oversight with a manipulated Community Reinvestment Act, allowed Fannie Mae and Freddie Mac to light the time fuse for a mortgage meltdown.

Now, Barack Obama and the Democrat Congress have shown the Republicans just what irrational and fiscally unconscionable spending can be. The Democrat spending in the name of stimulus has been off the charts. Unfortunately, the stimulus bill is only stimulating local governments to continue spending, and providing the Congress with the ability to funnel funds to pet, non-stimulating projects—few long term sustainable jobs have been created. Thus the unemployment rate has crossed the 10% threshold, when it was not supposed to go above 8%. We were told that the fiscal situation had reached a crisis of economic collapse and that the stimulus had to be passed quickly and fully to prevent this. Then we were told that no one could foresee just how bad the crisis was. What is worse than a national economic collapse? This failed stimulus and out of control unemployment rate has forced the administration to count “saved” jobs – a measure that simply cannot be realistically counted.

Energy Independence

The Department of Energy was created to find an alternative to gasoline in the Carter Administration—we see how well that went, yet we are still funding a $70+ billion department filled with bureaucracy.

While we sit on an abundance of oil and natural gas, we are pushing a green energy platform that has no hope of meeting the immense power needs of this country in the next ten years. Last year, we produced a little more than 2% of our energy from wind and solar. We have abandoned nuclear power – a source for clean energy, with albeit a disposal problem – yet European nations, and especially France have embraced nuclear. We are seeking to cripple this nation’s resource of cheap energy with Cap and “Tax” — sorry, Cap and Trade. According to CBS News, this effort will raise each family’s home energy bill by $1,761.

This tax will also affect business and everything you consume, by raising prices on just about all good and services originating in this country. This will be a cascading tax. The tax on a tax will have a cascading effect and will hamper small business’ ability to create jobs—these are the folks who generally create about 70% of the jobs in this country. What is absolutely dumbfounding about this effort is that the U.N.’s climate projection models which equated the increase in CO2 with a corresponding increase in earth’s temperature have been proven wrong with actual data. (Jeffrey Ball, Wall Street Journal, Monday, November 2, 2009)

On the matter of this insane backbreaking energy restriction on our economic growth, at a time when we need economic growth to pay down our gargantuan, out of this world debt, I can only assume we have gone mad.

Free Market Solutions

In just about a year, reaching back into the Bush administration, we apparently decided that government knows better that the individual. Government of the people, by the people, and for the people, has become government by and of the elected to the people not for the people — a dangerous change.

We have seen how bond holders suffered a lapse of the rule of law in the way bankruptcies were adjudicated, with unions actually being placed first in line above bond holders. We have seen how executives are being capped on earnings. Yes, there may have been abuses, but the government need not be and should not be the arbiter of how much someone in the private sector can make. Rather the shareholders should have been given more power to control the Boards of these “run a muck” companies, and to control the compensation of the top executives.

We have seen how our government has taken ownership of, and is managing private enterprise companies, like General Motors. Enough! Government can’t manage government, yet win at private enterprise. There is enough corruption in Congress today to greatly overshadow the “greedy” corporate executives, who we have been told are the scourge of the earth and the source of all our problems, by our corrupt government in Washington. For starters, just think about those sweetheart mortgage deals to Chris Dodd and others.

Individual Liberty

The 2,000 page House Bill (H.R. 3962) and the even bigger Senate Bill are supposed to provide health care for those who are uninsured, yet they do not. Too many uninsureds remain uninsured, despite the bills. The final bill will have a front loaded tax revenue stream and a back load delivery date, and it will still costs nearly a Trillion dollars. These bills severely infringe on individual rights and liberty. These bills require individuals to purchase health care insurance or be subject to fines and even jail time.  One taxes small business and both will lead to a single payer universal health care system run by the government.

Why don’t we just buy health insurance for the uninsured – it would be substantially cheaper. These 2,000 page bills are really not intended to provide health insurance for the uninsured. If they did only intend to insure the uninsured, they would only need to be 100 or so pages. Instead the Democrats hide their true agenda behind 2,000 pages wherein they control of our lives and our bodies. Remember how hard the Democrats fought and continmue to fight to allow a woman a choice over her body— “reproductive rights”.  Why then do the Democrats now wish to control every other part of our bodies?

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Why is the decision by the Administration, through its Department of Commerce Census Bureau, to count all residents of the United States without regard to resident status in the 2010 Census a big deal?

Before we can answer this question, we need some background.  The United States Census is the cornerstone of our constitutional republic.   It is the ultimate arbiter of how states are represented in the House of Representatives and how the President of the United States is elected by the Electoral College.   Due to the cornerstone nature of the Census to our nation, it is unconscionable to make the 2010 Census subject to tampering, manipulation, a skewed citizen count, or an ideological interpretation.  Why will it be skewed if the current Census Director, members of Congress, and the Administration proceed as intended?

Article I Section 2 of our Constitution originally provided for the enumeration of “persons” of the several states.  At the time the Constitution was adopted, “persons” consisted of free persons and a three fifths fraction of the slaves inhabiting this land, with the exception of Indians.  Let’s look to a further clarification of the intent of the Founders at the time of ratification of the Constitution by the states.  We find in Article II, Section 1 instructions on the presidency eligibility: “No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution…”   Thus all persons residing in the United States at ratification were considered to be Citizens of the United States and thus the term persons referred to Citizens.  We also find that the Fourteenth Amendment in Section 2, which modified Article 1 Section 2, requires “…counting the whole number of all persons…” eliminating the fraction and the counting only of free persons.

Before you go off on a tangent about the callous use of a “fraction” of slaves, the compromise method was to prevent the people of the Southern States from having a lopsided vote and a lopsided representation in the House of Representatives and the Electoral College and a “super vote”, if you will, using slaves to inflate the population count, while only white men voted.    Now to the big deal!

The 2010 census operation fully plans to count any person legal or illegal, citizen or non-citizen—remember only citizens can vote.  We should be counting only “persons” which in the Constitution is synonymous with citizens.  Failure to do this means that states with an abundance of people who are not citizens made up of both legal and illegal residents, without the right to vote, will be unjustly rewarded with more representatives in Congress for law making and taxation and a greater weight to the Electoral College to elect the president of the United States.  If we grant more representatives and more electoral votes to these states, then we seriously skew the one person (citizen) one vote rule.  We end up giving the citizens of these states the power to cast what amount to those “super votes”.  Essentially, a smaller electorate will have the power of a larger state population.

Senator Vitter of Louisiana, Senator Bennett of Utah, and Representative Chaffets of Utah, want to add a question to the Census Questionnaire, which asks “are you a citizen?”  They are not being received very well, by the Bureau of the Census and members of Congress.  Seems like a logical and appropriate constitutional question to ask during a census, as we are also asking many other questions that are not nearly as important as how many possible legitimate voters exist to apportion House seats and to be represented in the Electoral College—remember only citizens are supposed to vote and be counted in Congress.

We must be cognizant of and stand up to prevent this ideological effort to establish an unbalanced and truly un-constitutional apportionment in the House of Representatives and in Electoral College voting to states with a large illegal population.

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Over the last few years our school children have been taught a new subject.  Let’s call it Capitalism Bad; Socialism Good.  You may not be aware but this socialist almost marxist propaganda has left college campuses and is now finding its way to our middle schools.  The theory and goal behind this video, produced by the “Tides Foundation”—a socialist redistribution driven organization, is to indoctrinate young children during their impressionable years, before they have learned to rationally think and question.

Of course, parents are kept in the dark, by the “all knowing” educators, who have embraced this ideology.  The lead instructional lesson is called The Story of Stuff.  This is a twenty minute video complete with a classroom quiz and related teaching and study material.  The Story of Stuff provides questionable information that is contrary to what is the economic model that has made this country great, capitalism. This video is filled with false statements and half-truths.  The clear intent is to mislead impressionable minds; to convince these minds that the ideology presented is common fact.  This video is clearly propaganda indoctrination.   Here is what that bastion of conservative think, The New York Times, has to say about this video in “A Cautionary Video About America’s ‘Stuff’”  

“…The video is a cheerful but brutal assessment of how much Americans waste, and it has its detractors. But it has been embraced by teachers eager to supplement textbooks that lag behind scientific findings on climate change and pollution. And many children who watch it take it to heart…”

 In a blog of the Evergreen Freedom Foundation called “The Real “Story of Stuff” about Capitalism and the Free Market” you will find a reasonable analysis of “The Story of Stuff”.

 “If you want freedom, peace and prosperity for people all over the globe, you want capitalism. Protestors at the G-20 Summit would have us believe otherwise. So would the creators of the Story of Stuff, an anti-free-market film seen by tens of thousands of school children who now believe capitalism means trashing the earth and stealing resources from poor people.

 It would be good if our schools began teaching intellectually honest economics. But most do not. What if all policymakers understood the connections between peace and personal liberty; prosperity and free markets; justice and risk?…”

 You may want to go to the Evergreen Freedom Foundation website and learn who they are and their mission.  This appears to be a solid and balanced organization.

 The New York Times article states that

 “…Which is one reason ‘The Story of Stuff’, a 20-minute video about the effects of human consumption, has become a sleeper hit in classrooms across the nation.” 

A sleeper hit with whom?  Is it a sleeper hit with parents?  Have parents been told that it would be in the lessons?  The piece states that the government exists to take care of us, well James Madison and the other Founders are rolling over on that statement alone.  It is wrong about how much is spent on defense and how must forest remain.  It even uses a military tank to represent the government—how balanced is that?

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Iran, Russia, and The Peoples Republic of China are fermenting unrest throughout the world.  In actuality, Iran is the point of this troubling spear and Russia and China are the enablers.  Both Russia and China have important trade arrangements with Iran.  Oil, again, is the root of the unresolved Iranian nuclear problem.  China obtains most of its oil from Iran and this oil is critically necessary to fuel China’s growing economy and military—China will protect this oil life line fiercely.  Russia has a lucrative trade export arrangement with Iran.  This trade includes conventional arms, among other manufactured goods, making Iran one of its key export partners.

Neither China nor Russia is interested in an embargo of Iran because they depend heavily on Iranian trade.  Thus Iran has been able to buy time and hold off the international community in its effort to develop a nuclear weapon.  Without the strongest support of China and Russia, the international community including the United States is neutralized.   Take note of today’s announcement at the international G20 meeting by the leaders of the U.S., the U.K., and France about sanctions, in that neither Russia nor China was present.

The Europeans are afraid of pushing Iran hard and are more interested in appeasement due to the Strait of Hormuz and Iran’s grip on the world’s oil supply.  Back in March of 2008, I wrote:  Oil, It will destroy us!

“Have you noticed that there is a direct correlation between worldwide tensions and oil?  If you might be wondering why Russia’s Vladimir Putin [now Medvedev and Putin] has started to flex his muscles and become obstinate in the fight against global terror…you should be. If you are wondering why Iran has become so independent and belligerent of late…you should be. Have you looked at our own hemisphere lately? Take a good look at Venezuela and how Chavez is as bold as can be in creating an anti-U.S. socialist state more powerful than Cuba ever was….Well! It is all about oil!

Ask any military strategist and they will tell you that one of the reasons we cannot leave Iraq as we want to, is that we are afraid Iran will…make Iraq a satellite country in its attempt to create a worldwide caliphate (A caliphate is a fundamentalist theocratic form of tyrannical government, that unites all Muslims covering a wide swath of geography in the world, under one rule). This is not a good thing for the west. This could place Iran in a position to directly control 10% of the world’s oil (includes oil equivalent products in the production) and to indirectly control 44% of the world’s oil exports which are shipped through the Strait of Hormuz, by shutting down the Strait or creating the caliphate. In addition, today the group of thugs known as Russia, Iran, Venezuela could conceivably directly control 29% (with Iraq, 32%) of the world’s oil production, and indirectly control exports, when the Strait is included, to bring the overall control to 66% of world oil exports. An Iran controlling Iraq and the Strait of Hormuz would be one very powerful entity–an entity that has a culture and a philosophy directly opposite ours. Iran is a country that does not do well with negotiation, especially when we are in a position to lose and they are in a position to gain. Is it possible to successfully negotiate from weakness? NO! Are we in a position of weakness in such a negotiation? YES!

Considering that since our oil import consumption is at 31% of the world’s oil exports, and the control of 66% of the world’s oil exports by Iran and its new very cash rich friends can be a quick reality, we should be worried and reactive. Yet we are not!…

What do we do?  In the short term we are powerless and our national oil policy has been the problem.  Had we had a robust domestic drilling program for oil and natural gas, we would be in a position to sell China its much needed oil and natural gas.  Instead we allowed China to become dependent on Iran for its economic lifeblood, crude oil, and Iran knows this.

Selling China that oil and natural gas that we have under our land and off shore, and did not go after, would have had far reaching effects internationally:

First it would have made China less dependent on Iran, allowing China to support intense pressure on Iran and have avoided the thwarting of the international community’s efforts to prevent Iran from obtaining a nuclear weapon.  In addition, China could also have put pressure on North Korea to keep that rogue power from selling missile technology and parts to Iran.  These missiles are the delivery vehicle for the nuclear weapons.

Second, by selling China oil, we would have had an opportunity to balance our trade deficit with China.  China would have been an equal trade partner and not our banker/lender.

Instead we chose to be flat out dumb on the use of our abundant untapped offshore and arctic natural resources, oil and natural gas.  It is not too late to work toward making China an equal trade partner, rather than the one sided arrangement we currently have.  It may be too late to solve the Iranian matter, but there will be other international troubles, including North Korea.  China can be instrumental in providing support to manage those matters.  They are a pragmatic country when it comes to protecting their self interests and this can work in our favor.

Our country continues to eschew the leverage oil would bring us as an international policy driver.  Why do we continue to do this?  I know, we want to save the planet, but if we don’t obtain the leverage necessary to control the spread of nuclear weapons we may not have a planet to save.  Right now oil and natural gas are the best tools God has given this nation to keep world peace and we are blind to it.  As a peacemaker, oil and natural gas in the right hands are the keys to world stability.  In the wrong hands they are a flash point.

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When reading print media pundits, like Maureen Down, or listening to cable media pundits and our black Representatives in Congress, I have become seriously distraught.  Throughout my life, I have learned that when you disagree with someone or find them misrepresenting the truth—lying, you could call them out on the statement or statements based on the facts.

Now, I am finding out that when I or another —shall I say it—white person call out or simply question a person of color about a disagreement of ideology or simply thought, I am a racist.  When I need to question statements of incorrect fact from a person of color, formerly known as lying, then again I am a racist.  I am so sorry for the previous indiscretions and failure to understand that I have become a racist.  Apparently I need to apologize.  But how and to whom?

This brings up another bit of recent confusion.  How and to whom do I apologize?  Apparently, as Representative Joe Wilson found out, there is now an extensive protocol to an apology involving dissent of a far left liberal of color.  As a newly identified racist, I apparently must apologize to the party who was misrepresenting the truth, his Chief of Staff, the Vice-President, both in writing and by telephone, and then finally apologize to the political community as demanded by another person of color, Congressman James E. Clyburn.

I wish someone would provide a manual on this racist apology thing.  I also hope that someone includes in the manual a section on:

  • How do I tell a person of color that they are misrepresenting the truth, lying, or that they are just simply misguided?
  • Will this section in the manual suggest that I just sit on my hands and close my mouth—saying absolutely nothing?
  • Would this be acceptable?

Perhaps, there might be some sort of color code.  If I feel a person of color is not telling the truth or is misguided, perhaps I can hold up a color coded card.  Choice of color must be absolutely correct of course or I might inadvertently move to the bigot category.

Maybe we can use a nondescript muted red color to tell a person of color that they are misrepresenting the truth.  A bland off white—oh, that will not work—white may be offensive as I am white, thus it may be interpreted by the far left as I am right and they are wrong.  Wait, we can use a bland gray—the equal mix of white and black can be used to indicate that I disagree with the potentially offended person of color.

I have it now!  When I confront a person of color who is lying, I will just hold up a red card.  When I just disagree, I will hold up a gray card.  This system, I hope will keep me out of racist hell and avoid that bigot label.  I certainly hope this will be acceptable to the far left, the pundit police, and our Representatives in Congress who are not  Caucasians.

Alternatively: All these folks can get real and not use the now heavily over used “racist” label to attempt to intimidate and quiet dissent, as they have been doing.   Generally and often calling a person a racist when they disagree with a person of color can only be the last arrow in the quiver of the far left in their fight to move an unpopular agenda and to quiet the other side by intimidation.

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The funeral for the main stream cable broadcast media is occurring today.  At this writing, note this post’s date and time of 2:05 PM EDT, the Mall in Washington, D.C. is filled with Republicans, Democrats, Libertarians, and Independents.  TV pictures reveal that the Mall is tightly packed from the Capitol to the Washington Monument, with overflow, as  a CBS affiliate reports, onto Pennsylvania Avenue from the Capitol to the White House.

The Fourth Estate, aptly brought to life by Edmund Burke in the House of Commons on a particular session during the 19th century, is the press.  The clergy, nobles, and commoners being the other three.  These estates were essentially the makeup of the British government at that time.  He referred to the Fourth Estate as the most powerful of the estates present that day in the House of Commons—they were in the gallery.  Closer to home, our Founding Fathers believed the Fourth Estate was similarly powerful and sufficiently independent to keep the three branches of our new government in check.  This is why freedom of the press is clearly written into our Constitution.  They were depending on the press to keep government honest.  In no way did they ever believe that the press would become complicit with the government and withhold key pieces of news, slant the news coverage, and become the house organ of two of the three branches of government.

Incredibly, at this writing CNN is broadcasting a Barack Obama speech on reform before a large  partisan audience.  It is yet another speech by him in three or so days on healthcare reform—are they expecting him to say something new?  The President is stumping in relatively Democratic conclaves trying to repair the breach in his Party over health insurance reform—this breach has gone mostly unreported by CNN.  At this writing, MSNBC had planned a televised mystery / crime documentary which must be quite good and must serve the public interest to allow them to skip reporting about a long time planned event at the Mall in the nation’s capitol, now mostly filled with grass roots demonstrators made up of every day citizen protestors.  It now appears that MSNBC did manage to do some reporting of the event after all.  These protesters are mostly against big government and big spending, regardless of political party.  If this were an anti-war rally, MSNBC would be reporting.  If this was a Obama campaign rally, they would be reporting with flourishes.

The estimate for the attendance by the Park Police is 60,000.  Recently, Nancy Pelosi, Speaker of the House of Representatives, issued a memo claiming that 2 Million will show.  She was setting ultra high expectations, so she could later minimize any protest significance.  Well if the Mall is filled, depending on how tightly packed it is, it can hold anywhere between 1.7 Million to 2.1 Million people.  TV pictures indicate that the Mall is filled.  Remember CBS reported that crowd overflow filled Pennsylvania Avenue.  Of course, government estimates, the Speaker’s estimates, and the news media’s estimates will be substantially minimized to accommodate their agenda.  The Washington Post had an article written at the inauguration of President Obama about how many people the Mall can hold—Mall information found at the Washington Post click here.

Based on the broadbased main stream media failed reporting on the just broken high impact ACORN story and the failed or minimal reporting on the Tea Party protests around the country today, I can only state, if you are depending on this dead media for information, you are uninformed.  The exceptions are those of you who are getting your news from Fox or by searching the internet for real news, not a blog like mine, otherwise you are seriously in the dark and cannot make informed decisions about our nation’s future.  If you meet this uninformed criteria, then careful, you are being manipulated with all the news these “news” operations deem you should have, with the slant they want you to have.

This ideological conspiracy is an attempt at censorship plain and simple.  MSNBC and now apparently CNN among other complicit news organizations are attempting to feed the populace with what they want us to know and are withholding selected news.   If it weren’t for Fox News Channel and the internet—call it the Fifth Estate, they would be successful in using censorship to manage government propaganda.  Are we living in a free nation or are we in a government and media controlled society, like Venezuela and Iran?   

I for one will not be steered and will not comply.  Want more? Read The Acorn Story Truly Exposes Main Stream Media.

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We can officially declare September 10, 2009 the day honest media was laid to rest.  The breaking ACORN story—a viral internet story—broken by a new internet site “BigGovernment.Com”, and specifically James O’Keefe is a first class newsworthy story.  The story is clearly seriously detrimental to ACORN and the multitude of politicians in Congress and in the White House who have allied themselves with ACORN.

The Story, the back story, and extensive video can be seen at BigGovernment.Com: click here and review all the video clips, including the Glen Beck of Fox News clip.

 The story is big since ACORN receives millions in federal money—our tax money—and will receive Billions from the recent stimulus bill.  We know of ACORN activities from reports of rampant national voter registration fraud allegedly perpetrated by ACORN during the 2008 election cycle.  We also know that our President was a community organizer attorney advising ACORN for years.  We know of his intimate relationship and his history with ACORN during his Illinois Senate days, United States Senate Days, his campaign, and now his enthusiastic interaction with ACORN while President of the United States.

ACORN is clearly affiliated with SEIU, the Service Employees International Union—those folks who wear the purple shirts—through common related management and common addresses.  SEIU was instrumental in fostering an Obama victory by providing heaps of union dues money and plentiful union volunteers.  Of late it was utilized to picket the homes of financial executives in Connecticut over bonuses.

This story is huge from so many directions and it, if completely developed, could lead right to the White House and Congress.  Yet, no major news outlet is running with it to any legitimate extent, except Fox News.

Remember these ACORN folks specialize in helping community people to get the most from their government and regularly provide help and advice on how to maximize their members’ opportunities with applications for welfare, other government monetary assistance.  And now we see they have mortgage specialists providing “special” assistance.

Big Questions:

  • How many mortgages that ended in foreclosure and helped tank our economy were made possible by the apparent “extreme” advice provide by ACORN to non-qualified applicants?  How many non-qualified applicants qualified due to the “extreme” mortgage application and supporting documents advice provided by ACORN around the country?  I use the word “extreme” to indicate that where there is smoke, etc., …well you get the point. 
  • Just how much do our Representatives and Senators, such as Barney Frank and Chris Dodd among others in Congress, know about ACORN’s activities and why haven’t we seen any Congressional investigations operate with a full head of steam?  John Conyers was going to initiate an investigation, but cancelled it saying that “powers-to-be decided not to investigate”.  Who are the powers-to-be?  Who is protecting ACORN in the Congress and possibly the White House?
  • Why is the main stream media complicit in playing down or simply not reporting what appears to be massive fraud?  Is there a conspiracy of major media to lead us down the primrose path to socialism with a generous helping of organized community groups and political corruption tossed in for flavor?

The media is more concerned with Fox and now O’Keefe of BigGovernment.Com than with the real story.  The trusting public has been steered by most big media to support the current administration and the current administration was not and is not vetted and challenged.   Either big media is complicit with intentionally steering the populace or it is just terrible incompetent and gullible. Either way Americans who still get their news from the big media, other than Fox and a few other outlets are woefully uninformed.

Recently Robin Roberts of ABC interviewed President Obama about his healthcare proposals and she asked him about the distraction of losing Van Jones.  Bill O’Reilly of Fox News expertly pointed out on his show that Roberts more correctly should have asked him why was Van Jones picked to be in his administration as an unconfirmed Czar.  She should  have asked what is and how deep is Obama’s relationship with this avowed communist and ex-convict.  (Have we ever had an ex-convict be a Presidential advisor?)  It appears that either Roberts is incompetent or she is attempting to help our President achieve his goals regardless of all the issues surrounding those goals. 

We simply cannot trust most main stream media any longer as, with very few exceptions, honest media died some time ago—it was officially laid to rest yesterday.

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The Supreme Court’s landmark ruling on Roe v. Wade seems to apply to the current debate on health care—the right to privacy.  In that ruling, the Supreme Court established what is said to be “settled law” that a right to privacy is found in the constitution, even though not specifically stated.

Today’s health care bills include companions to H.R. 3200 in the Senate and the House.  These bills and especially H.R. 3200 have a common element.  It is the stripping of privacy from American citizens.  Just as a woman has the sacred right to manage her reproductive rights (per the Supreme Court), millions of Americans who would be fined for not having health care insurance have the right of privacy on how they manage their health care.

An excerpt from Mr. Justice Blackmun’s deliverance of the opinion of the court states:

 “…This right of privacy, whether it be founded in the Fourteenth Amendment’s concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment’s reservation of rights to the people, is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy…”

Essentially, I argue that any provision in the various bills circulating through Congress that could or would limit, direct, or propagate medical direction based on age and/or the condition itself is unconstitutional, under the right to privacy and other tenets of Roe v. Wade.

I argue that the degree of medical care suitable and available for the cure, prevention, or repair of an individual’s medical condition is up to the individual and the individual’s physician.  The available cure, prevention, or repair must be based on equal application of accepted general medical opinion on the cure, prevention, or repair of an individual’s condition and cannot be restricted or directed by the federal government or any state in any manner. 

I argue that any requirement requiring an individual to attend mandatory counseling sessions on life decisions is a violation of that individual’s right to privacy.

I argue that any fine for failure to keep health insurance is a violation of the right to privacy established under Roe v. Wade. I am a guy, but  I can still do with my body as I choose.

I argue that the federal government in its desire to create a nanny state is trampling on the precious tenets of this 1973 Supreme Court decision—a right to privacy for the individual. 

I argue that any attempt to house my or another person’s medical records with the government or any type of quasi-government agency, a requirement also found in these bills, is a violation of search and seizure and the aforementioned right to privacy.

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Members of Congress have taken to calling those who are angry and attend health care town hall meetings “un-American” and a “right wing mob”.  Anyone who has viewed segments of these meetings should come to the opinion that while some may be on a mission from an organization, the crowd in general seems to support the more outspoken attendees. Speaker Pelosi has demonized anti-health care bill protesters at town hall meetings.  Her demonization of these very upset and frustrated people confirms that she is a hypocrite—watch in her own words.

Perhaps the anger goes deeper than the actual health care bill.  Perhaps the anger reaches all the way to defending one’s rights against a federal government intent on rolling right over the individual.  In this bill are requirements for citizens to attend counseling sessions and to create a board which will decide what procedures are good or bad for the people based on a formula.  As in other counties being held up as bastions of humane treatment by providing health care for all, this formula will look at a person’s age or health status to determine if the individual is entitled to a procedure, a type of care, or a pill.

Here is the $64 question!  Where does the federal government derive its authority to dictate how an American obtains health care or insurance and where he or she obtains health care or insurance?  What part of the supreme law of the land, the Constitution, provides the federal government the right to make these decisions and interfere with the lives of its citizens’ freedom of choice about health care management?

Our Constitution is unique in that it provides the federal government with limited specific powers and it attempts to protect the citizens from their own federal government.  At some point in the last twenty years, we have forgotten this important constitutional keystone of our republic.  We must assume that the Speaker of the House and the Majority Whip of the Democratic Party in the House in their leadership positions should be acutely aware of the freedoms provided citizens in the Constitution and the limits on the federal government.  If they are not aware, then they should not be in those positions.

Since there is nothing in the Constitution that authorizes the federal government to minimize the health rights of the citizen, the anger being seen at town hall meetings may very well encompass more than simply a disagreement on healthcare.  These attendees are furious over the federal government’s unconstitutional attempt to regulate the health care of individuals and thus appear to be an unruly organized mob.  Their anger, most likely, also extends to the recent out of control spending by Congress and the prior and present administrations.

If you listen carefully, there is distrust of government and government representatives reflected in the comments of the attendees.  And if you listen more carefully to the comments from the Democratic hosts of these town halls, you will hear often disingenuous and trite statements and a desire not to listen to the attendees.  Often these disingenuous or trite comments inflame the already angry attendees to an even higher degree.

Since much of this healthcare bill is a gross violation of the powers provided the federal government under the constitution (if you don’t believe me, read it here or for a simpler version here), the attendees are being driven to frustrated ugly mob status because no one appears to be listening.  These deaf ears are attributed to the leadership in the House of Representatives and other federally elected officials.

Consider that this healthcare bill, specifically H.R. 3200, is enormous and hard to digest; the Democrats often themselves do not understand what is in the bill; and yet are attempting to unconstitutionally takeover one sixth of our economy while in the dark about the bill.  This is not only inadequate representation, it is also unconstitutional behavior.

If these actions by our elected representatives do not make you angry, you are not paying attention or you are getting your information from the wrong sources.  You need to join the angry mob, if only to defend the freedoms granted you in the constitution.  These freedoms are a bigger issue than little old healthcare.

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Let’s for a moment put party labels aside.  The Republicans, Libertarians, independents, and the Democrats are no more, for the sake of this post.   Let’s look at politicians and advocates only as proponents of public sector or the private sector.

The proponents of public sector support the government’s caretaking of its people, either through public or co-op option medical care, providing money for car purchases, subsidizing power generation, and so on and so on—spending everywhere.

The private sector proponents seek growth of industry and economies, healthier paychecks for all, faith based options for caretaking, and wealth generation for reinvestment into greater wealth generation for all.

The public sector advocates want to spend resources on all sorts of programs but struggle with how to pay for the largess.  Remember the public sector produces nothing.  It is simply a drain on the economy and cannot be sustained.  Taxing the rich and businesses will generate funds for near term projects, but over time the law of diminishing returns kicks in and the cupboard runs bare.  There is a limit to how much money can be pulled out of an economy to pay for public sector programs—the limit is what gets put back into the economy to replace what was spent.  Remember as you grow the public sector you shrink the private sector.  Soon the private sector will disappear and the public sector will have to provide less and less for the populace—rationing.

Remember the empty store shelves in the Soviet Union?  Well this will happen here if the production economy does not grow.  Unless we find a way to grow our economy we will not survive.  This country has been a consumer and not a production economy for nearly 40 years.  All this has done is deplete our reserves, build debt, make the dollar weaker, and make us unable to replenish what we are spending—we simply consume.  As a nation will will run out of whatever wealth we have left.

Just look at how the government has reacted to the current fiscal crisis.  It was brought on by debt.  Now we are fixing the problem by growing the public sector and we are borrowing to get out of debt—does this make sense to anyone. We should have ignited the private sector by placing a moratorium of income taxes for two or three years—it would have cost the same as the unproductive stimulus, but it would have already begun paying big dividends.

 The private sector advocates want smaller government, with the government being a small drain on the results of the private sector economy.  If the private sector is supported by the government through lower taxes, less restrictive rules, use of natural resources that allow the private sector to produce, the economy will produce, export, grow jobs and this will feed on itself, as if it were a perpetual engine—okay I exaggerate a bit.

If this government fosters a strong small business segment and a somewhat controlled big business segment usually through competition, but with legitimate— not choking —government regulation, the private sector over the long term will grow, and provide prosperity.  Since the public sector produces nothing, and is a 100 % drain on resources, it can never produce prosperity, that is unless we can have a replay of the miracle of the loaves and the fishes .

There are those who say that profit is bad, well unless these anti-profit people can offer another way to grow and replenish an economy to continue to deliver these goods and services, private sector profit is the only way to go.  Remember, how long can government deliver these goods and services without replenishing what has been used?  Remember the Soviet Union store shelves. 

Now I make the leap to government medical care.  Forget about the lack of efficiency and effectiveness in anything the government does.  Let us simply look at the non-replenished resources from a stagnant public sector economy.  How much time will pass before medical rationing must occur in a service driven by an economy that does not grow—it only shrinks.

Anyone who has not as yet joined the flat earth society should seriously consider that when you vote for a representative, that representative should be a long term thinker and always vote to build and grow an economy by producing.  If the person is a short term thinker and only believes in picking the fruit from the tree without ever feeding or water it, then you will get the diminishing public sector option and everyone will be equally poor.

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Today, Representative Gabriel Giffords proudly announced on her 8th Congressional District web site that she  has secured funding of $4.47 Million for four infrastructure projects from the Federal Government.

An extract from her web site is as follows.  

“The four projects for which Giffords secured funding include Tucson’s Modern Streetcar, the light rail transit system that will connect University Medical Center, the University of Arizona, Fourth Avenue, Downtown Tucson and Rio Nuevo. Mayor Bob Walkup was very appreciative of today’s vote.”

As a constituent, I see one very large problem with this fabulous accomplishment.  Apparently Ms. Giffords does not know whom she represents.  These four projects are not in her district.  That’s right , they are in Congressman Raul Grijalva’s district.  Boy do I feel loved.  Perhaps the folks in the 7th will vote for her in the next election.

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With the Congress out of control, with 14 now 34 Czars and counting not answerable to the Congress reporting to President Obama, with U.S. Government ownership of GM and Chrysler, with first position bond holders tossed aside in favor of a union – forever altering the investment landscape where for hundreds of years bond holders were protected and now are no longer protected – forever dampening the economy and causing future corporate fund raising to be very difficult and expensive,  with the Treasury’s refusal to let some banks pay back their TARP money, with the proposals to establish national health care and a valued added tax to pay for it, with the marching order from the President of the United States to get this done by August, it is clear that the Federal Government looks at states as little fiefdoms subservient to the federal government.

Well, it is the other way around.  Someone in Washington D.C. and particularly in the Obama Administration should read the Constitution.  On more than one occasion President Obama has indicated that the Constitution is too restrictive of the federal (central) government and that the constitution should allow for the central government to make more rules to deliver services to the populace – often services not equally targeted toward all Americans.  His appointment of an activist judge for the Supreme Court is his attempt to make law and make constitutional law from the bench of the highest court in the land.  This must stop and stop now.

I have written the following similar letters to Governors Sanford of South Carolina, Perry of Texas, and Freudenthal of Wyoming.  This is the letter written to Rick Perry.

June 4, 2009

Rick Perry, Governor, State of Texas

Office of the Governor
P.O. Box 12428
Austin, Texas 78711-2428

Re: States Rights

Dear Governor;

I sent this note yesterday to Governor Dave Freudenthal of Wyoming.

Owing to the recent actions and planned actions (it all can’t be interstate commerce) by the Federal Government which are not within the 17 enumerated powers provided the U.S. Government in the Constitution, and the Obama supporting Congress, have you considered a law suit in Federal Court re-asserting the rights and powers of the states found in the Constitution? The goal is to stop this runaway madness and socialization of the private sector.

I suggest Wyoming because you have the greatest Republican majority of any state legislature. I also suggest a state file the suit since there should be no question about legal standing in the courts. This will probably work its way up to the Supreme Court.

Clearly as a state, Wyoming has the right to require the federal government to limit itself to the 17 powers and the few amendments describing the limits of power of the U.S. Government.

I represent no faction or organization. I write as an individual. I am not an attorney. I am an individual who sees the best of this nation disappearing more and more each day. President Obama and his Treasury among other Departments and the Congress are out of control and need to be reined in. Will you do it? Can you do it?

Governor Perry, perhaps you might contact Governor Freudenthal and encourage him to file that suit. Perhaps you may wish the former Republic and the State Texas to join him. Unless the states take action now, states rights will be gone forever and we will not recognize this nation by the next Presidential election. I will also be writing to Governor Mark Sanford of South Carolina. I am not writing Governor Jan Brewer of Arizona, as I do not believe she has the fervor for righting this Constitutional wrong.

With the sincerest pleading, I am

Ken Moyes

I suggest that anyone who reads this post and feels that the federal government is out of control and is assuming the rights provided the states under the constitution (see Today’s Federal Government is Unconstitutional)   should write to their Governor or to the Governors listed in this post   Just go to a search engine and enter the state followed by “governor” and it will bring up a link to that state’s governor.

Unless we do something now, we will not recognize this country by the next Presidential election.  Stand up and be counted!

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Recently the Democratic leadership in the House of Representatives sought to move a global warming bill – a 900 page bill – that has not been read or digested by any legislator, out of committee and to the full House for a vote.  Congressman Henry Waxman, Democrat, the committee chairman, acknowledged publicly that he did not fully understand what was in the bill.  He simply wanted to move the bill out of committee and to the House for a vote.  At 900 pages, this an enormous bill covering intricate “cap and trade” and other environmental regulations.

“Cap and trade” potentially represents a radical change in the cost to the people of this country of our industrial infrastructure and power generation.  This bill has the potential to devastate our economy beyond the economy’s current volatility and yet no one person really knows what is in it.  What makes this plan even more flagrant is the cavalier attitude and approach by the Democratic leadership on passage of this bill.

When the committee Republicans were insisting that the bill be read aloud – their right under our Congressional procedures – Chairman Waxman hired a speed reader for the clerk’s staff and threatened to have the entire bill read by the speed reader.  Remember, speed readers are those folks no one can understand and are found in comedy routines.  Are our legislators this arrogant and whimsical about how they represent us in Congress?  Instead of taking bill content knowledge seriously, the Democrats just want to pass an ideologically radical, economically risky 900 page bill without any one legislator knowing what is in it.

Don’t we as citizens deserve more?  When we elect someone to Congress, we expect them to represent us on matters of legislation.  We don’t expect our legislators to abdicate learning about bills before them so they can make a prudent and intelligent vote.  If they are not going to bother learning what is in a bill, then we can either use a dice roll or hire chimps to vote.  Hiring a speed reader is not a funny or laughable matter.   It is an arrogant abuse of power and a mockery of our constitutional republic.   Just how many bills will these legislators vote on without reading?  This flagrant approach to bills started with the unread $770B stimulus package.  We deserve better.

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Just what are the powers granted to the federal government under our Constitution?  It’s simple; the powers are laid out clearly in the Constitution in Article 1, Section 8.  There is no secret here or any ambiguity in this matter.  The Constitution tells the federal government what it can do and anything not covered is reserved for the States, thus the power of the federal government is severely limited and the States are superior to the federal government.  Yet our federal government functions like it has unlimited power – if Congress says it is okay, it must be okay.  Well this current federal / state relationship is clearly wrong and unconstitutional.  Congress and the executive branch are out of control.

The federal government, particularly Congress, in words directly taken from the Constitution, is empowered to:

  1. lay and collect taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general welfare of the United States; but all Duties, Imposts and excises shall be uniform throughout the United States;
  2. borrow Money on the credits of the United States (this one has been worked to death);
  3. regulate Commerce with foreign nations and among the several states, and with the Indian Tribes (regulate in this case means to make function smoothly and foster trade – not to control everything and anything that is remotely managed through interstate commerce);
  4. establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States (the federal government has been remiss on Naturalization and violating its own laws on Bankruptcy);
  5. coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures (the federal government certainly has been working the coining – printing – money to its fullest, but its current economic policies have actually worked to unregulate the Value of our Money);
  6. provide for Punishment of counterfeiting the Securities and current Coin of the United States;
  7. establish Post Offices and post Roads;
  8. promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
  9. constitute Tribunals inferior to the supreme Court;
  10. define and punish Piracies and Felonies committed on the high seas, and Offenses against the Law of Nations (this specific power to punish piracy was not readily utilized by the Obama administration recently, until the Captain of a Navy vessel forced his hand);
  11. declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water (military tribunals);
  12. raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.;
  13. provide and maintain a Navy;
  14. make Rules for the Government and Regulation of land and naval forces;
  15. provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrection and repel Invasions;
  16. provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress (your National Guard);
  17. exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise the Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-yards and other needful Buildings;
  18. and make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof (limited to the defined powers of the federal government).

Under the 15th amendment, the United States has the power by legislation to enforce the voting rights of citizens.

In the 16th amendment, the Federal Government was given another power: The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.  (This amendment has allowed the Federal Government to use the tax code to manipulate the States and to drive social issues, but it was never intended to allow this action.)

The federal government has absolutely no other authority than what is spelled out above.  Watching your Congress work would let you believe that it can do whatever it wants.

  • Can you find the power to institute Cap and Trade – a tax on carbon emissions?
  • Can you find in this list of powers the power to loan money to AIG and other TARP recipients?
  • Can you find the power to regulate executive compensation?
  • Can you find in this list the power to mandate educational requirements to the States?
  • Can you find in these powers the right of the federal government to tell me what I should eat or, to make rules for national healthcare or to control healthcare – there is no interstate commerce when I visit my doctor?

Try your own test of these powers to see if other federal government regulations pass the test.

Just what are the powers of the States?  What limitation on these powers does the Constitution offer?  The limitations are those rights afforded the people of the United States in the Bill of Rights.  The Bill of Rights also provides for the powers of the States in the tenth amendment: The powers not delegated to the United States by the Constitution (article 1, section 8 ), nor prohibited by it to the States, are reserved to the States respectively, or to the people. The 14th amendment provides additional restraints on the States “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Why have we let the federal government become what is was not supposed to be – all powerful?  Why have the States rolled over when confronted with federal legislation violating the assigned powers of the federal government?  Perhaps it is time to fight back and place the federal government back into an inferior position to the States.  Push, plead, and cajole your state representatives to fight back and regain their rights as states.

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