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Saturday, June 19, 2010

Federal Behavior Verifiably Bizarre


Federal Behavior Is Verifiably Bizarre


The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence [Art. IV Sec. 4].

The solution is the problem in the eye of the Obama Administration.

It's a good thing Arizona's Governor knows the Constitution and has tenacity to support it. The Federal government is taking their time preparing for a law suit against the state for enacting almost exactly the same law that has been in the federal law books for 70 years. That is, with the exception of two big differences. Arizona's law is actually less stringent because it includes a clause against racial profiling where the federal law does not; and, Governor Brewer has every intention of enforcing the law where the Federal government has proven they are not.

There are actually three places where protection against invasions are in the Constitution. Two dictate a duty of the Federal government to protect each state, and one allows states to defend themselves against invasion by their own accord (Art. I Sec.8xv, Art.IV Sec.4, and Art.I Sec.10iii, respectively). Coupled with the 10th Amendment providing to the states and people absolute rights not specifically prohibited in the Constitution (Art.I Sec. 10), the idea of the federal government suing a state trying to defend itself, especially when the federal government isn't, is absurd. The behavior of the Federal government is becoming so bizarrely indifferent to the states and the people that this latest intent becomes unsurprising.

But the threat of suit by the federal government says much more than indifference, of course. It squeals an intent by those in federal power to harass and intimidate Arizona into relinquishing it's rights. Considering the mentality in Congress and the Obama Administration that the pen is equal to our cash flow, perhaps this administration believes they can outspend Arizona on this issue, in an effort to eventually silence the state. Or, it may be that those in the Obama administration want to send a signal to other states as well, not to tangle with this liberal oligarchy.

This action will be a test, not of the federal government, but of the people themselves and their respective states.


The absolute counter solution:

All governors, with their Attorney's General, must understand that not only are they not prohibited from demanding action from the federal government to protect their states, but not doing so will only encourage an insatiable appetite for federal (even world) power by those in office at that level presently. Meanwhile, the United States hemorrhages from the effects of invasion since all the states feel the effects of defunct national laws.

They should rally. Arizona should not only be prepared to defend her rightful stand, they should counter sue for non-performance and breach of contract in a class action. Other states should pile in on this one, since the security, safety and sovereignty of all states is in jeopardy. A class action will send a signal to this group of dysfunctional leaders that the states and people know their rights and the Federal government's duty.The Constitution is indeed a Contract. The United States must be united if we are ever to retrieve our Republican sovereignty as a nation of states again.



No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law: and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time [Art.I Sec.10vii].

Yesterday, I listened to a panel of four "experts" sharing their opinion about Pelosi's newest expenditure--a $16,000 (not a misprint--Sixteen thousand dollars) per month rental office space in a posh and elite business district of San Fransisco. The building was built and owned by the Federal government. Half of the panel were disgusted by the expenditure. The other half vindicated it. The reason for the justification? One, Speaker Pelosi was third in line behind Obama for the Presidency. My answer: And? Your point is? Excuse me, but I like the idea the Founders came up with, of a government owned and run by the people, not an aristocracy. This "expert's" comment clearly shows an aristocratic mindset.

Another argument was because the building, federally owned, would sit empty if it weren't for the Speaker's lease of it. My rebuttal is multi fold: First, Pelosi's monthly rental is being paid at tax payer expense. The building was also paid for at tax payer expense. So, the great and diligent taxpayer pays for this space TWICE! Secondly, common sense is that you don't solve the problem of a too high vacancy rate by renting the space back to yourself; you get rid of it! The bigger question is, why does the government own a building in an elite business district rather than a more modest and economical district which would have been far better use of the people's money, in the first place? Furthermore, if elected officials must rent space, it would be far better for the federal government to sell virtually all office space--eliminating financial liability--and allow needed leasing to be done through the private sector.

One last justification on behalf of the Speaker was that, as the speaker, she was entitled to it. What? Which country is this? One has to wonder if we have digressed to precolonial English aristrocity or switched silently to elitest Marxism, when we allow this kind of privilege to accelerate for decades. Who more than the highest leaders should be setting the example to other leaders of how to be a good steward of the people's assets than the Speaker? Instead, we have a belief that the aristocratic leaders of this free nation qualify for unimaginable extravagance, most people in the world--even this people, cannot wrap their minds around.

It is important to understand that experts, on any side of an issue, simply represent the thoughts of the public. So, it isn't unreasonable to be disturbed by the philosophies that reveal themselves above, even if they are held by a few rather than the many. If the philosophies above disturb the public as polls, Tea Parties, and other rising groups suggest, then they had better rise to the occasion and use their power now by combining their efforts in one objective--to return accountability and responsibility as the Constitution laid out. Additionally, states cannot idly sit back and watch what happens to a fellow state. They, too must rise to the occasion and rally behind their bullied sister states.

There are no innocent bystanders, in United States governance.



To...secure the Blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the
United States of America [Preamble].

The problem: People v. US Congress

I got a notice of the DISCLOSE Act last week. For those who don't know or understand HR 5175, it is, in summary, a bill that tightens the ability of the public to support a candidate unless qualified through a larger organized group, such as a union. It is targeted toward small business, who don't make use of unions, and unregistered groups such as Tea Parties who support or promote a particular candidate. Of course it just happens that the bill only applies to traditionally conservative, mosly Republican affiliations. It is sponsored by Representative Van Hollen (D-MD) and about 130 other Democrats.

Despite testimony on Capital Hill by such citizens as well-respected Constitutional attorney, Eugene Scalia, the bill passed through committee and is scheduled for House vote. It is certain this bill will be stricken down in the courts. That isn't the point or strategy according to many. It is to stifle and tie up the free speech of the public until after the elections in November. This is such a violation of public trust, it's bazaar gumption is more in line with a Clancy inspired reality show.

The solution is held in the preamble: the People must live the Constitution.

If, despite the people's objections to this legislation, the Congress and President pass this into law anyway, as it has done with regularity since Obama took office, it may prove to push movements like "The Tea Party", (which actually include members from all parties), sick of taxation without representation, to formally organize into a legitimate party. That may prove to backfire the intended purpose of the legislation, creating the largest, most powerful party/lobbying force ever.

One way or another, the people and states must work together to become sovereign again, because there are no innocent bystanders in United States governance.














Saturday, June 5, 2010

List of Constitutional Infractions Coming Soon: The Right Wing of the Eagle airs soon, more info coming.
Utah's Lobby Law: Making the People's Voice Mute? Candidate Mike Lee, the test case

The Utah State senate race is heating up. News was spread, during the open voting period, and just prior to the Primary election in Utah, that one of its candidates violated state statute, when, about 18 months ago, he spoke to state senators in committee. Lee, a constitutional attorney, was asked pointed questions in regard to one of his clients at that time.

Reports are that Lee had saught advice and permission regarding his intention to field questions and give information pertinent to a bill involving his client. He sought this advice through the Governor's offices. Lee was reportedly told that speaking in this regard did not require registering as a Lobbyist. Lee went forward with his testimony.

Now, many months later, opponents to Lee's philosophy are airing that he violated state statute.* The statute is quoted as, "communicating with a pubic official for the purpose of influencing the passage, defeat, amendment, or postponement of legislative or executive action." One senator, Dan Lilinquist, said that if one where to use this definition of lobbying, Lee was, indeed doing just that.

What is a quandary to this writer is how in the world, no one has noticed the obvious defect in the law, not Lee! The Constitution specifically provides for a Republican form of government to the states, as cited in Art. VI, Sec. 4. Republican means "by or through representation." If Utah is serious about obliging its laws, then every person, who involves themselves in the civic and political process, who is not a registered lobbyist, IE: a professionally paid "lobbyer", is breaking the law.

This is a ridiculously vague statute that smacks in the face of The People in their ability for redress to their government; a right implied in the Declaration of Independence, the preamble of the Constitution, and the 10th Amendment, which clarify the State's and The People's rights.** If you have ever attended a committee meeting, or other scheduled pubic legislative hearing, the presiding member, usually the Chair, will invite anyone present an opportunity to speak to the issue at hand. Additionally, the law provides that hearings are required as a matter of procedure, to invite the public to speak to major policies, including school issues, and so forth, on the state level and down to the community level. The present law, if it has been correctly quoted in the media, actually entraps ordinary citizens for charges of violating statute becuase they have not registered as lobbyists!

While Mike Lee opponents, and some media websites with an agenda, might believe they have successfully exposed Lee to some dishonest disposition, they have, in actuality, brought to light a major Constitutional flaw in Utah state law.

This writer hopes those in the Utah legislature will, in good faith to the citizenry who has a right to speak on any policy, take to heart the importance on remedying this Constitutional faux pas.


* Among opponents spreading this news is a web-based organization called, "Media Matters". The name would imply that this organization is concerned about falsehoods or other issues of deficiency in the media. Nothing could be further from fact: Media Matters is an organization focused on an agenda of lambasting only conservatives in the public arena.

** Utah refers to its newly renovated and restored Capitol as the "People's House".

Tuesday, June 1, 2010

“LET FREEDOM RING!”

Though Memorial Day is officially over, I cannot help but post this timeless message from a friend of mine: Mark Shurtleff, Utah Attorney General. *



In the solemn oath, “I will uphold and defend the Constitution of the United Sates against all enemies foreign and domestic”- LET FREEDOM RING!

In the proud “Off we go into the wild, blue yonder;” “Anchors away my boys;” “Over hill, over dale;” and “From the Halls of Montezuma;” and in every “Oo-rah” “Hu-ah” “Atta-boy” and “Semper Fi”-
LET FREEDOM RING!

In the wail and warble of the sirens of emergency responders rushing to protect and to serve; (and the heavy breathing of firefighters and police officers running up hundreds of stairs on Sept 11 as everyone else was running down) - LET FREEDOM RING!

In the halls of justice with the rap of the gavel and with every “objection,” “if it please the court,” and “we find the defendant….” - LET FREEDOM RING!

In the “voice of the people” rolling off of Capitol Hill with every “will the representative yield?” “point of order,” and “all in favor say AYE, opposed, NAY”-
LET FREEDOM RING!

With every “Dear editor, I am appalled!;” “Thanks for taking my call;” and “In my opinion;” and in every phone call, email and letter to an elected official - LET FREEDOM RING!

In classrooms across this nation with the squeak of chalk on the board, the swish of pages turned in lesson books, and children proudly declaring, “I pledge allegiance to the flag…” -
LET FREEDOM RING!

In every “play ball!’ Crack of the bat, and “Take me out to the Ball Game!” Every “Da-da-da-da-ta-da, CHARGE!” and “Boooooozerrrr!” Every “GOOOOOALLLL!” Every “Let’s get ready to rrrrrrumbllllllle!” Every “Touchdown [pick your team]!”-
LET FREEDOM RING!

In the most quiet and solemn place of all, the voting booth –
LET FREEDOM RING!

In the buzzing of the bedside alarm that roles us out of bed and sends us to work every day to create, innovate, improve and provide products and services that enhance the quality of life -
LET FREEDOM RING!

In the roar of the combines and harvesting machines, the zip, zip, zoom of the Interstate, the hum of the turbines, the cacophony of the assembly line, the ring of the bell followed by the din of the stock exchange, and the lonely echo of the night train delivering goods from sea to shining sea - LET FREEDOM RING!

Through whispering pines in the woods and templed hills; the sssshhh of amber waving grain; from the babbling of small brooks to the roar of mighty rivers; in the call of the wild, the nocturnal hoot of an owl and screech of a bald eagle - LET FREEDOM RING!

As the sun settles out over the Great Salt Lake, and families gather around the dinner table, with the saying of “Grace,” and in every clink of glass, “please pass the salt,” smack of the lips, and every story and joke and tease - LET FREEDOM RING!

In every newborn baby’s cry –
LET FREEDOM RING!

Every time someone mentors an at-risk youth or young single mother, coaches a little league team, or serves on a soup line -
LET FREEDOM RING!

With every “rip” as a charitable donation is torn from the checkbook, and in every “plink” of a coin dropped in the Salvation Army bucket in unison with the clapper of the bell -
LET FREEDOM RING!

In each “On my honor, I will do my best to do my duty to God and my country and to help other people at all times -
LET FREEDOM RING!

In the scent of fresh baked bread or cookies as they are offered in welcome to new neighbors, a hand extended in friendship -
LET FREEDOM RING!

In every smile, hug, hand-up; with all arms extended in fellowship and brotherhood, and every shoulder made wet from tears of the comforted - LET FREEDOM RING!

In the sizzle from the backyard BBQ, the splash in the pool, the metallic tunes from the circling ice-cream truck, and the crackle of fireworks, all intermingled with the laughter of children -
LET FREEDOM RING!

And as music swells the breeze from the sweet string of the twilight concert in the park; the proud cymbal, fife and drum of the marching band; by every voice raised in harmony, “My country ‘tis of thee, sweet land of liberty, of thee I sing. Land where my fathers died, land of the pilgrims pride, From every mountainside - LET FREEDOM RING!

As mortal tongues awake in conversation, and with every “I’m sorry,” “I forgive you,” “I’m proud of you,” “I love you!” - LET FREEDOM RING!

From each pew, pulpit and sanctuary in every church, temple, mosque and synagogue across this blessed land - LET FREEDOM RING!

In solitary, humble prayer on bended knee, with bowed head in gratitude and supplication to that great Author of Liberty - LET FREEDOM RING!

And last - though foremost on this Memorial Day - in the muffled hooves of the horse-drawn caisson baring the body of one who paid the ultimate sacrifice; the proud and powerful report of 21 guns; the grateful piping of “Amazing Grace;” and the mournful hum of taps - LET FREEDOM RING!

Mark Shurtleff, Utah Attorney General, is one of 20 State AG's across America engaged in the current battle against the decay of State Sovereignty that is given through the U.S. Constitution. A lawsuit presently before the Court, declares the unconstitutionality of the health care bill just passed by Congress and signed by the President.

*(Posted verbatim, less any spelling errors from the original text.)