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Where will the progressives go next – tax free speech with a blog or a youtube tax or will they lay a gun/ammunition tax to control the right to bear arms?

Where will this now unlimited ability for the federal government to tax its citizens as a behavior modification tool end?  If you wish to control free speech, tax certain types of blogs or youtube submissions and views.

Chief Justice John Roberts may not yet fully understand the full extent of the demise of this free Republic he has unleashed, with this unchecked ability for the progressives to tax, not to raise revenue, but to make behavior modification and pick and choose who is modified.

Can we now have an Article V Constitutional Convention by the states to take back the progressives 100 year assault on this Republic?

 

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Twist and turns from an unpredictable Chief Justice of the supreme Court of the land – what does it mean?  While the health care mandate is struct down as unconstitutional under the commerce clause, it is Phoenix rising from the ashes as a tax, under the authority of Congress to lay and collect taxes.

What does this mean?  Simple, the Affordable Health Care Act survives mostly intact, with medicaid in jeopardy.  States cannot be punished for not expanding medicaid.  The real meaning of the Affordable Care Act decision is that the democrats in Congress and President Obama insisted, promised, that this new Act is not a tax, but when they went to court they argued that it was a tax – gross misrepresentation, again from this administration!

Since the President was adamant that this mandate was not a tax, repeatedly over time and in all forums, then argued in federal court and in the supreme Court that the mandate was justifed as a tax, will he pay the price for this massive deception?  Did he win a battle and perhaps lose the war?  The majority of americans are opposed to the mandate, and it appears that they are not opposed because it is a violation of the commerce clause, and that it really was a tax.  Americans just don’t want to be mandated by our federal government to do anything and don’t care by what means this was accomplished.

Has Chief Justice Roberts, as the swing jurist in this decision, created a mine field for President Obama?  Does the president have to explain his supreme misrepresentation to the american people?  In addition, the hidden decision here is that the federal government has been reined in under the commerce clause, limiting its commerce clause power, but unleashed as a taxing giant to use taxes to control the behavior of the citizens of this nation?

I am sure the founders never dreamed of a free nation under the thumb of the central government created by its states to make the states, as a whole, stronger, but with “limited” powers.  It appears that the federal government under the right to lay and collect taxes to influence the behavior of its citizens is now unchecked with unlimited powers – thank you, President Obama for the deception!

 

 

 

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The question is: Whether the States should have access to immediately challenge the federal government’s enacting of laws and rules that fall outside the limited powers provided to the federal government by the States under the Constitution?

It appears that the federal government created by and empowered by the States has now trumped the collective States in matters of redress as redress pertains to the federal government’s enumerated powers.  For a State or States to challenge the federal government’s violation of its enumerated powers, it or they must go to the lowest federal court and get in line just as you or I might have to do.  The States created the federal government and empowered it in a limited way for the good of the collective states, yet States are routinely treated by Congress and the supreme Court (supreme is lower case as it is in the Constitution) as having the same status as an individual citizen.  Below is an excerpt from the Constitution and one from subsequent federal law.

Our United States Constitution, Article III Section 2, states: “In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction…”

What is original jurisdiction? “original jurisdiction n. the authority of a court to hold a trial, as distinguished from appellate jurisdiction to hear appeals from trial judgments.” (Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill.)

However, the United States Code (federal law) 28 USC § 1251 – Original jurisdiction;  states – see Cornell law:

(a)The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.

(b)The Supreme Court shall have original but not exclusive jurisdiction of: 

  1. All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;
  2. All controversies between the United States and a State;
  3. All actions or proceedings by a State against the citizens of another State or against aliens.

Why should the States, as the founders of the federal government and having only relinquished some of their powers – providing limited powers to the progeny of the union of the states – be relegated to normal and customary standing in the court system, when matters between the States and the federal government generally deal with sweeping Constitutional  issues of an immediate nature?

The relegation of the States to second class status versus the Federal Government began in 1877, when the supreme Court ruled it did not have exclusive original jurisdiction over matters between the states and the federal government, but that inferior courts (known as tribunals in the Constitution) also had original jurisdiction.  Since the supreme Court has no Constitutional authority over inferior courts (tribunals), this decision should have been challenged at that time by Congress and the executive branch – it was left unchallenged.

Per the Constitution only Congress can establish and ordain inferior tribunals (courts).  At that time and through today, the supreme Court had and has no authority to establish or ordain inferior courts as having original jurisdiction.  Subsequently in the late 30’s and early 40’s Congress which ordains and establishes these inferior courts decided to put this into the U.S. Code.  Upon seeing this in the U.S. Code, the supreme Court created its rule 17 – original jurisdiction.  They then cited U.S. Code, which was based on a supreme Court ruling as the reasoning.  The country had now created a circular firing squad.

Now let’s talk about standing. 

Definition from Nolo’s Plain-English Law Dictionary: “The right to file a lawsuit or make a particular legal claim. Only a person or entity that has suffered actual injury has standing to seek redress in court. For example, an advocacy group may not file a lawsuit challenging the constitutionality of a statute on its own; there must be a plaintiff who has actually been harmed by the statute.”

While “standing” goes back to the Byzantine Empire and maybe prior, the use of standing in the United States has been defined by the supreme Court.

From the Cornell law website we find this excerpt (…At the Federal level, legal actions cannot be brought simply on the ground that an individual or group is displeased with a government action or law…).  Here is another case where the States cannot immediately seek redress against an action that is perceived to be outside the limited powers.  Instead, the States have to standby waiting for the federal action to actually cause damage which may affect millions of citizens and billions of dollars,  In fact, legal actions taken because the federal government is outside of the limited powers need to be allowed before the federal government’s actions become interwoven with the fabric of the nation. It is an exigent circumstance that only the States can rectify in the Court.  

Essentially, what the federal government, including the supreme Court, has done is find ways to preempt the States and preempt their limited powers.  Should not the States as the founders of the federal government in a limited way, be given “super-standing” in all matters related to the powers of the federal government under the Constitution, as the grantor’s of that power?  There is precedent that Congress has modified “standing” under federal law in the past.

We need one law, one amendment to the U.S. Code, granting the states permanent and perennial original jurisdiction in the supreme Court.  This is as provided under the Constitution.  We need to prohibit inferior courts from hearing any case or action where a State or States challenge the limited and enumerated powers of the federal government.  On behalf of the States, we also need to eliminate the need for standing created by damages, by providing the States with super-standing in all such matters – meaning they can bring a challenge at any time after enactment on behalf of their citizens. In the case of the States, we can modify standing to be based upon upon enacted law or regulation.

The supreme Court might continue to rule that inferior courts also have original jurisdiction with the States, in violation of the Constitution, but the federal inferior courts will not be able to act, under federal law.  Remember that Congress establishes and ordains the inferior courts and the supreme Court does not.  Thus the supreme Court will be forced to hear such actions as they will be the only remaining court in the land with original jurisdiction on matters between the States and the federal government in matters of enumerated powers. 

Again the question is: Whether the States should have access to immediately challenge the federal government’s enacting of laws and rules that fall outside the limited powers provided to the federal government by the States under the Constitution?  I think yes!

 

 

 

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The state of the nation, our nation, is not so complicated as one might think.  We now have “Occupy Wall Street” (OWS) springing up almost out of nowhere, with no leadership, no funding, and no direction.  Believe this and I will sell you a bridge – call me, I hear the Brooklyn Bridge is available.

There is, however, one very cogent message coming from the occupiers.  It is that the top 1% of wealth in this country controls the power.  Abraham Lincoln was apparently wrong, at least for our time, when he proclaimed at Gettysburg: :”…government of the people, by the people, and for the people…”

Today and for over one hundred years, we do not have a free and independent Congress, unions bought and paid for our current President, and our Supreme Court suffers from “absolute power corrupts absolutely”, no longer deciding cases on their merits, but instead using ideology.  Money derived from the 1%, dictates who our candidates are, dictates how our representatives vote, and attempts to shape populist opinion through a media void of integrity.  We have a government monetary system perennially dictated by Goldman Sachs alumni, regardless of the administration.  It should be no suprise that Goldman Sachs is the common hobby horse of the 1%.  It is where they play.

While the world has always been about wealth retaining and wielding power.  This country, with brief lapses, has muddle through despite the wealthy for 222 years [the Republic we know was officially started March 1, 1789] , because we are a republic with a great founding document.

Now an amalgamation of often disassociated factions has come together to bring us “Occupy Wall Street”, with the only overriding theme being capitalism does not work and the 1% control the world.  The solutions from these folks stem from eliminating money to pure distribution of wealth in a socialist system.  Is this really grass roots with no leadership?  If you believe so, then answer this question, how do they manage to have a finance committee?

Here is a good question.  Is this a quest for the uber 1% to gain even more power by throwing off the yoke of that restraining document, the Constitution?  Someone has to be orchestrating this supposedly grass roots event and providing the money, so much money that they have a finance committee.  We have seen reports that George Soros, a long time proponent of abolishing the Constitution and creating a one world government under a new world order, has his various tentacled organizations heavily involved.  George Soros is one of the 1% of the 1% worldwide.  Is this their, the 1% of the 1%, world conquest using ultimate financial power?  Remember, we have prepared the masses for this by dumbing down the schools, offering only radical socialist speak at universities, and by a radical transformation of the media – we no longer have a fourth estate to keep folks and government honest.

Do we break the yoke, involving both major political parties, of the 1%, and lurch toward a one world new world order, without our Constitution, under socialism led by George Soros, et al., through the amalgamation of disassociated factions in favor of the 1% of the 1%, or do we modify our Constitution to provide term limits, lobbying controls, and elimination of contributions by any organization: union, corporation, or association?  Do we, by a Constitutional amendment, continue to limit individual contributions, and allow political speak (ads) only from individuals?

While the OWS people are right only about the 1%, their methods and resources are absolutely the wrong way for this country to go.  Ask yourself, are the occupiers useful idiots of the devious 1% of the 1%.

 

 

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Well the title is misleading because we don’t have an official energy policy and have not had anything resembling an energy policy since World War II.  We do have a shadow energy policy that inhibits and/or blocks drilling for oil, drilling for natural gas, mining coal, and the building of nuclear power plants.

The green and environmental movements, now augmented with the global warming crowd, all essentially preach for us to switch to enormously expensive solar and wind.  Solar and wind have zero chance of fulfilling 100% of this nation’s energy needs.  We would be lucky to get 40% of our energy needs from wind and solar in ten years, even if we went all in tomorrow.  The wind and solar infrastructure would have to be incredibly massive covering a state or two for us to eventually reach 100% of our needs.  An additional downside is that we would have to use important farmland, now used for growing food, for this energy production.

World Oil reported in 2006 that the United States has over 1,124 Billion Barrels (1,124,000,000,000) of oil undeveloped and oil in place combined.  For those of you who like big numbers this is more than one trillion.  Currently we use 18,690,000 barrels per day.  This equates to a 165 year supply domestically, without importing one drop.  How about we begin drilling everywhere?

Natural gas is another issue.  In a 2007 report by the Colorado School of Mines this headline appeared
It further stated in the report that
 “When the PGC’s results are combined with the U.S. Department of Energy’s latest available determination of proved gas reserves, 238 Tcf as of year-end 2007, the United States has a total available future supplyof 2,074 Tcf, an increase of 542 Tcf over the previous evaluation.”

What does this mean?  This is just about a 111 year supply of natural gas without importing one cubic foot.

Let’s talk nuclear energy.  We need to talk softly because the naysayers will point to a five hundred year tsunami that severely damaged the external pumping infrastructure of four Japanese nuclear plants of a forty year old design.  They will fear monger about the risk of nuclear power generation – the cleanest form of energy production on the planet.

The Nuclear Regulatory Commission (NRC) simply does not approve totally new licenses and has approved a few for development on existing nuclear plant campuses.  Even when they approved them, the environmental movement uses every possible means to stall the building of a plant with EPA complaints and challenges in court.  You can inscribe the names of the nuclear plants completed and put on line in this country since Three Mile Island, which killed no one, on the head of a pin.  How about we begin drilling everywhere?

If we were smart we would have the NRC approve one state of the art design for an underground nuclear plant that would have to be placed far enough from the oceans and fault lines for safety and have Congress, by law, grant that design to be free from NRC review and authorize this design as an exception to all EPA and other environmental challenges.  This would fast track the building of the 200 new plants needed in this country.

This sounds like an energy policy to me. 

 
 

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Over the last 100 years and more specifically throughout the last 50 years progressives have infiltrated our media, unions as progressive socialists, universities under the protection of tenure, K through 12 school systems via the socialist teachers’ unions and tenure, judiciary, and a host of other key areas of society, especially the U.S. Congress.

Of little note was the infiltration of our state legislatures, with 49 separate houses (Nebraska has only one), by progressive candidates masquerading as moderate and liberal Democrats and Republicans, yes Republican in name only – RINO.  After the election of 2008 and the supreme take over of the U.S. Senate and the House, along with the White House, by the progressive socialists of America, now known as the Democratic party, these folks got pretty smug.  Nancy Pelosi truly thought she could ram unpopular legislation through the Congress and did just that.  President Barack Obama, stocked the executive branch with one communist or communist sympathizer after another to begin his quest for one branch rule of this nation,with the help of his union and other friends (by the way, who is on the other end of his Blackberry).  The new Congress promptly accommodated him by abdicating its role of law making to the executive branch.

These folks knew that in 2010, a limited number of Senate seats were up for election and that the way congressional districts have been defined by federal law a host of safe seats existed, insuring that the core progressive faithfull, many ranking members of committees, would be reelected, and they were.  Despite the historic turnover of Congress, Pelosi kept her role as the leader of the Democrats in the House of Representatives.

Well surprise, the progressive playbook had a flaw.  It did not properly consider the role of the state legislatures.  2010 meant that nearly 700 democrat and democrat progressives were thrown out and replaced by Republicans, conservative Republicans to boot.  27 states currently have both houses controlled by Republicans.  Many more states have at least one branch and the executive branch controlled by Republicans with the other branch holding only a tiny majority for democrats.  Wisconsin replaced a progressive Democrat controlled Senate, Assembly, and Executive Branch with Republicans.

The movements bubbling up from the states offering a host of federal government push back are building steam.  These include efforts for state driven balanced budget, debt ceiling, nullification, and general states rights U.S. Constitutional Amendments.  A reassertion of the 10th Amendment, herculean efforts to stop Obama-care, reclaim land seized by the federal government, anti-public union give-aways, and a host of other anti-federal government legislation and lawsuits.

The war between traditional individual liberty, free market, limited government believers – the Tea Party types, and the progressive socialists who despise our Constitution and equal justice system – everyone has an opportunity not a promise to succeed way of life – is not over, but of late the progressives have been seriously outflanked.

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You may not hear this tonight from either side of the isle, so I thought I would summarize the current state of the union.

Our economy still struggles, but is picking up steam, but unemployment remains unacceptably high. How can the economy pick up steam and yet unemployment is a serious laggard? The Obama administration simply does not no how or does not wish to address the issues keeping unemployment high. Once you take a hard look at this administration, you will see that no one in the power level has ever built a business and through growth hired people – not even the GE Chairman, Jeffrey Immelt.

The Obama administration has been heaping hurdles and regulations on small businesses for two years, and since the small business segment creates 70% of the jobs, they will not hire. No small business owner will hire if he or she is faced with hire unemployment costs – yes “unemployment” costs. Businesses pay into the unemployment fund based on their experience level with unemployment – they are rated on how many have left the business and are in or have been in the unemployment income collection system. Extend unemployment for a year or two and your increase the rating for the business and its expenses.

Require small businesses to provide health insurance and you again increase their costs, thus they do not hire. Their are countless regulations adding cost to small businesses and when the future bottom line inclusive of future expenses is forecast, they do not hire.

Congress, regardless of which party is in power in each house will not make government smaller and more limited.  Ever since the seventeenth amendment was passed taking the appointment of senators from the states and giving the election of senators to the people of the various states, the states cannot control an out of control ever growing self perpetuating federal “central” government.  A little over one hundred years ago, the states could vote down unconstitutional growth in Washington, D.C.

Today, the states just stand by and wish the federal government would follow the eighteen enumerated powers it has in the Constitution.  Unless and until outside forces, such as the states are allowed to apply pressure on the Congress, it will just continue feeding on itself.  We no longer have a free market system and we can no longer call what we have capitalism, because the federal government has intruded for one hundred years, inhibiting how the free market is supposed to operate.

The Supreme Court no longer considers issues based on the law and the written Constitution.  Instead it relies on social interpretation of what is needed, believing itself to be a law making body.  It considers laws of other nations when it decides our legal issues of the day.  These are laws not made by any elected U.S. Senator or Congressman, but this is okay, since they believe that other nations are more enlightened.  Maybe it is the Court that need to be enlightened!  It has used the “Commerce Clause” to turn the limited federal government into an unlimited central planning socialist type of governance.

The Executive Branch now routinely writes regulations with the force of law.  I believe we will have to rename the executive branch – “Congress Lite”.

I would go on, but the list of things gone wrong is too depressing to continue.  You get the idea – the state of the union is dismal and in need of immediate repair by the citizens of this nation – who else will fix the problem?

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