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Democracy is two wolves and a lamb voting on what to have
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Refresh pages to see the latest news/information "If a nation expects to be ignorant and free... it expects what never was and never will be." Thomas Jefferson
The Only Argument Our “servant” government is out of control, in the case of Olmstead v. United States in 1928 the Supreme Court concluded "Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously". [...Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example...] Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto him self; it invites anarchy. To declare that, in the administration of the criminal law, the end justifies the means -- to declare that the Government may commit crimes in order to secure the conviction of a private criminal -- would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face. Unfortunately today we have a lawless Administration a lawless Congress and a lawless Supreme Court, they completely ignore the Constitution. The Judicial Branch of Government The judicial branch has the power to rule only within the powers defined in the constitution, for instance the 1st amendment right of the peoples “freedom of speech” the US court is limited in its ruling to “political speech” it should not be hearing cases concerning pornographic speech, that would be reserved to the States respectively or to the people, 10th amendment. To burn the flag is political speech and it is then the duty of the US Supreme Court to protect the people from the state. Another example might be the rights of a community to have a religious symbol on “state” government property. Since the states are sovereign the state reserves the right to decide respectively or the people 10th amendment, while the federal government is bound by the chains of the Constitution namely the 1st amendment which states that congress cannot legislate any law establishing or prohibiting the exercise of religious expression therefore since there can be no law to prevent there can be no case to hear the federal government and its courts simply and purposefully do not have the power to act. Conservatives should not be fooled into thinking that the four Conservative Republican Justices sitting on the bench today have their best interests at heart, because all four Justices are Federalists. The Federalists party was formed by Alexander Hamilton they believe in a “strong central government”, it is ironic that today’s Federalists Society uses the silhouette of James Madison's bust as their logo considering that Madison and Thomas Jefferson organized what they called the Republican Party in opposition to key policies of the Federalists. It’s also an oxymoron that the four Federalists on the Court are Republican. If you are for big Government then you “have to be” against the Constitution because the Constitution gives only powers that will permit the existence of only the most limited government, easily seen by the 18 powers entrusted to congress and 10 powers entrusted to the president. These four Justices also portray some odd positions that are contradictory to what they claim to be. Justice Roberts stated: "Roe v. Wade is the settled law of the land and that there is nothing in "his personal views" that would prevent him from fully and faithfully applying that precedent thereby putting the Constitution subordinate to precedence. Justice Scalia stated that he does not believe the Constitution guarantees a right to privacy. Justice Thomas believes Congress had power to authorize the President's detention of US citizens who are enemy combatants and said "due process requires nothing more than a good-faith executive determination also," he favors police over defendants. Justice Alito’s record shows a willingness to support government actions that abridge individual freedoms. And three of the four favor abortion while all claim to be “conservative Christian”. Liberals likewise should not be fooled into thinking that the four Liberal Democrat Justices have their best interests at heart. Three of the four Justices support government's power to take private property for economic development through the use of eminent domain. Justice voted to uphold a prohibition on flag-burning and he’s against the display of religious symbols on public property, he authored Gonzales v. Raich, which permits the federal government to arrest, prosecute, and imprison patients who use medical marijuana regardless of whether they are using the medicine legally under state law. Justice Breyer has defended the Supreme Court's use of foreign law and international law. Justice Ginsburg said abortion is economically important to a 'woman of means' and useful in reducing the number of social undesirables she has also been an advocate for using foreign law and norms to shape U.S. law in judicial opinions. Justice Sotomayor believes a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male and had made similar remarks in other speeches between 1994 and 2003. And finally there is Justice Kennedy who opposes creating constitutional restrictions on the police and also supports government's power to take private property for economic development through the use of eminent domain and defies all common sense with his swing voting. One can only conclude that today’s US Supreme Court Justices are seriously flawed, is aiding in the destruction of our Republic and hold the peoples Bill of Rights in contempt. They have turned the US Supreme Court beside it self in that when we consider these 9 Justices to the integrity of the 1929 ruling of Olmstead v. United States afore mentioned. Article 3 Section 1 says … Judges shall hold their office during good behavior and when we measure their opinions to some of the following opinions we will have to conclude their opinions are anything but the expression of good behavior in a Constitutional Republic. In 1803 Marbury v. Madison, it was concluded "All laws, rules and practices which are repugnant to the Constitution are null and void". In Busse v. Commissioner of Internal Revenue it was concluded "Courts have no power to rewrite legislative enactments to give effect to their ideas of policy and fitness or the desirability of symmetry in statutes." In 1897 United States v. Goldenberg it was concluded "The primary and general rule of statutory construction is that the intent of the lawmaker [in this case the founders] is to be found in the language that he has used. He is presumed to know the meaning of the words and the rules of grammar." In 1985 Heath v. Alabama it was concluded "... the states are separate sovereigns with respect to the federal government."
The
Administrative Branch of Government (1) The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, “when called into the actual service” of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices. [The President is not the Commander and Chief until he is called.] (2) He shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. (3) He shall have power, by and with the advice and “consent of the Senate”, to make treaties, provided two thirds of the Senators present concur; (4) He shall nominate, and by and “with the advice and consent of the Senate”, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. (5) The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. (6) He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; (7) He may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, (8) He may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; (9) He shall take care that the laws be faithfully executed. (10) He shall commission all the officers of the United States. So, to sum it up he is commander in chief “when called”; he can grant reprieves and pardons; make treaties, nominate ambassadors, ministers, judges and other officers; fill vacancies; receive ambassadors and other public ministers; commission all the officers; give to the Congress the state of the union; and his most important duty is to take care that the laws be faithfully executed. This is the limit of the administrative powers, anything else is unconstitutional The Congressional Branch of Government We the People have entrusted Congress with 18 powers and none of those powers allow them to create any of the 586 Federal Departments, that they have already created and continue to unconstitutionally fund, a Federal Reserves or own territories, nor do they have the power to own almost 30% of the land of the 50 States and 100% of the water ways, never mind the creation of a health care system. The following is the list of 18 powers We the People have entrusted to Congress found in Article 1 Section 8 (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) To borrow money on the credit of the United States; (3) To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; (4) To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States; (5) To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; (6) To provide for the punishment of counterfeiting the securities and current coin of the United States; (7) To establish post offices and post roads; (8) To 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) To constitute tribunals inferior to the Supreme Court; (10) To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; (11) To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; (12) To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; (13) To provide and maintain a navy; (14) To make rules for the government and regulation of the land and naval forces; (15) To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; (16) To 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; (17) To 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 like 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, dockyards, and other needful buildings;--And (18) To 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. So, to sum it up to run a post office, set up a bankruptcy court, set up and maintain a patent office, protect us at sea, coin gold and silver, maintain an army and navy, provide for the regular movement of trade between the states and foreign countries, to declare war when we are directly assaulted and to lay and collect taxes, duties, imposts to pay for all the aforementioned. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and that’s it! By doing this the government will be providing for the general welfare. Imagine how free we might be if the federal government was bound by the chains of the Constitution and could do nothing else. The phrase “To regulate Commerce” is the reference every politician quotes, without explanation, when asked where do they get the authority to create all these laws, acts and “regulations”. The meaning is to be understood to mean to make regular by addressing anything or any state that would prevent that commerce. Thomas Jefferson gave us insight on its meaning when he said: “Although the power to regulate commerce does not give a power to build piers, wharves, open ports, clear the beds of rivers, dig canals, build warehouses, build manufacturing machines, set up manufactories, cultivate the earth, to all of which the power would go if it went to the first, yet a power to provide and maintain a navy is a power to provide receptacles for it, and places to cover and preserve it.” … “While we pursue then, the construction of the Legislature, that the repairing and erecting lighthouses, beacons, buoys, and piers is authorized as belonging to the regulation of commerce, we must take care not to go ahead of them and strain the meaning of the terms still further to the clearing out the channels of all the rivers, etc., of the United States. The removing a sunken vessel is not the repairing of a pier.” Thomas Jefferson to Albert Gallatin, 1802 Clearly its meaning to regulate is defined by Jefferson’s concern in the moving the commerce among the States and not to tax and control everything that moves nor to restrict our Bill of Rights by claiming the power to control and restrict our guns, speech, health care, education, media, food, energy, labor, income, faith, technology, our communications and etc.. Concerning the holding of foreign territory Thomas Jefferson when the congress ratified the Louisiana Purchase made it clear that the Constitution made no provisions for our holding foreign territory or incorporating foreign nations into our Union. [Thomas Jefferson to John Breckenridge, 1803 ME 10:410] So where does the federal government [empire] get the authority to rule the 14 US territories? Concerning the phrase “general welfare” found in the preamble of the Constitution - “Congress is not to do anything they please to provide for the general welfare but only to lay taxes for that purpose … It was intended to lace them up straightly within the enumerated powers, and those without which, as means, these powers could not be carried into effect.” [Thomas Jefferson: Opinion on National Bank, 1791. ME 3:148] Section 9 tells us what congress cannot do with the powers that the people entrusted them with: (1) The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
Rebellion - A citizen or subject who unjustly and
unlawfully “takes up arms” against the constituted
authorities of the nation …
A so call war on terror does not give the government authority to remove the writ of habeas corpus, so where did they find the authority to take away habeas corpus. I don’t see an invasion by some attacking military force, foreign or domestic! (2) No bill of attainder or ex post facto Law shall be passed. (3) No capitation, or other direct, tax [another words a tax on a mans income] shall be laid, unless in proportion to the census or enumeration herein before directed to be taken therefore the Federal Reserves and its IRS are illegal institutions. (4) No tax or duty shall be laid on articles exported from any state. (5) No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another. (6) No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time. [How can the fed go without audit, AUDIT THE FED!] (7) No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. [All lawyers are Esquires therefore they cannot hold an office] The Only Argument Thomas Jefferson said Common sense is the foundation of all authorities, of laws themselves, and of their construction." "Strained constructions ... loosen all the bands of the Constitution." [Thomas Jefferson] Thomas Jefferson to William Johnson, 1823 “Laws are made for men of ordinary understanding and should therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure”. STATES RULE - "The States alone being parties to the federal compact ... are solely authorized to judge in the last resort of powers exercised under it. Congress being not a party but merely the creation of the compact and subject as to its assumptions of power to the final judgment of those by whom and for whose use itself and its powers were all created and motified." [Thomas Jefferson: draft Kentucky resolution, 1798 ME 17:387] The question that we should always be asking when we engage these politicians is where do you get the authority to legislate these powers we can help them by listing the 18 legislative powers that We the People have given them And where does the President get the power, through executive orders, to legislative law and shop out the writing of bills to private special interest groups? According to the constitution the President has only 10 powers and none of them include the power to legislate. The President cannot write executive orders giving him self the power to declare martial law, neither can congress legislate him more powers and he is only the commander and chief when congress declares war and he is call upon to be so. Congress needs to spend its time rescinding all these illegal institutions and unconstitutional laws that they have been creating the past 100 years and We the People should be reminding them day and night until they obey. The Constitutional Solution the Only Solution Thomas Jefferson said: How can a people who have struggled long years under oppression throw off their oppressors and establish a free society? The problems are immense, but their solution lies in the education and enlightenment of the people and the emergence of a spirit that will serve as a foundation for independence and self-government. Ron Paul said: “truth is treason in the empire of lies". "We can rebuild America and reinstate the Republic that the Founding Fathers envisioned". - Ron Paul – "The only thing necessary for the triumph of evil is for good men to do nothing." Edmund Burke (1729-1797) Government has been growing bigger and bigger ever since the creation of the unconstitutional Federal Reserves in 1913, a private foreign corporation owned by the elite [foreign bankers] that congress has illegally created and handed over We the People’s Wealth and our posterity into slavery. Our media has been under their control since at least the 1930’s. There are 100’s of institutions illegally created by congress the following is a list of just a few. Dept of agriculture, Dept of health care, Dept of aging, Dept of for children & families, Dept of historic, preservation, Dept of Indian affairs, Dept of labor, Dept of land management, Dept of transportation, Dept of public debt, Dept of economic, Dept of alcohol tobacco and firearms, Dept of prisons, Dept of census, Dept of education, Dept of energy, Dept of communications, Dept of food and drug, Dept of forest services, Dept of wild life, Dept of fossil energy, Dept of grain inspection, packers and stockyards, Dept of general services, Dept of interior, Dept of internal revenue, Dept of justice, Dept of Medicare, Dept of housing, Dept of arts, Dept of oceans, Dept of railroads, Dept of refugee, Dept of peace corps, Dept of political affairs, Dept of radio and tv, Dept of rural development, Dept of social security, Dept of tax courts, Dept of voice of America, Some of these departments might sound nice but they give way too much power to a distant and central government of which they simply do not have the constitutional authority to create out of thin air. Such powers, according to the 10th Amendment, belong to the states and the people, they can create and have these new found powers and can do a much better job because it is closer to the people, the central government is not permitted to have these powers, it simply and purposefully was not negotiated to them by the states in the constitution. We make the mistake of getting lost in the debate of health care and various other issues, The system is set up so that no matter how we engage these politicians we are going to loose, because they will either pass this illegal bill or that illegal bill and in the end they will become bigger and more powerful when they shouldn’t be passing any bills that the constitution does not specifically give them the authority to pass. We can vote Republican or we can vote Democrat it simply doesn’t matter its all rigged they [the elite] own both parties and the anointed candidates, chosen in smoke filled back rooms, will do the will of their masters [the elite] behind the special interest groups as they pay off congress for their vote. This can only be stopped through “Project 2010”! The Only Argument we must engage in is the constitutionality of the issue and that’s it! Because if they act within the bounds of the Constitution it cannot harm us. Once we engage them in the argument "on the issue" they win we loose because it divides the people when there simply is no reason for us to be divided. United [in the constitution] we shall stand Divided [in liberalism and conservatism] we shall fall! John Darash, September 24, 2009
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