Archive for November 2009

About Ashwander v. TVA

About Ashwander v. TVA

 

Gary Hunt

Outpost of Freedom

January 9, 2006

 

There has been s lot of discussion about Agencies, immunity, privilege, etc., and much of each argument has merit. So far, however, I haven’t seen any discussion on how the nature of the person and the court is established, and then, by what rules that relationship proceeds.

 

Many years ago, I became aware of what I believe to be the most damning of the Supreme Court decisions – at least, with regard to our liberties (rights, too!). In fact, a few of us coined a term to reflect what had happened when you found yourself without recourse. “Ashwanderized” was the term, and how we got to be Ashwanderized became the subject of study.

 

Before I continue, I will mention an instance where I had forgotten all about this aspect (due to the urgency of the situation, I think) and found myself, and others, beaten by this omission. The Court (Judge Walter Smith) ruled that we “had not exhausted all administrative remedies”, therefore he was denying our Emergency Petition for Writ of Mandamus. Unfortunately, the Bar attorney, acting in a non-bar capacity, was not versed on this matter and it did not occur to me. We pondered what remedies we had failed to pursue, and it wasn’t until it was too late that it occurred to me that we had not taken precautions against this eventuality.

 

I have, however, understanding Ashwander, managed to use Habeas Corpus to remove myself from jurisdiction. This came to me one evening, facing court the next morning, while pondering the question, “How do I get myself into Common Law jurisdiction? I realized that it was not Common Law that I wanted to get into, rather it was Common Law that I wanted to get out of.

 

That aside, for now, below are the seven (7) rules developed by the Supreme Court in dealing with Ashwander v. T.V.A. [297 U.S. 288 (1936)]. Though all are damning, to a degree, with regard to the current subject, pay particular attention to #4 and #6.

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MR. JUSTICE BRANDEIS, concurring.

“The Court developed, for its own governance in the cases confessedly within its jurisdiction, a series of rules under which it has avoided passing upon a large part of all the constitutional questions pressed upon it for decision.

 

They are:

 

“1. The Court will not pass upon the constitutionality of legislation in a friendly, nonadversary, proceeding, declining because to decide such questions ‘is legitimate only in the last resort, and as a necessity in the determination of real, earnest, and vital controversy between individuals…

 

“2. The Court will not ‘anticipate a question of constitutional law in advance of the necessity of deciding it… ‘It is not the habit of the court to decide questions of a constitutional nature unless absolutely necessary to a decision of the case…

 

“3. The Court will not formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied….

 

“4. The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of. This rule has found most varied application. Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter… Appeals from the highest court of a state challenging its decision of a question under the Federal Constitution are frequently dismissed because the judgment can be sustained on an independent state ground…

 

“5. The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation… Among the many applications of this rule, none is more striking than the denial of the right of challenge to one who lacks a personal or property right…

 

“6. The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits…

 

“7. ‘When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided…

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It would appear that a public servant, who felt that his duties violated the Constitution, could not get the Court to make a determination as to the Constitutionality of that duty. For example, if one of Hitler’s SS troops felt that he was being told to do something that he perceived as a violation of the Constitution, he would have no standing to ask the Court for a determination. He would be compelled, by law, to “just do his job”. (Number 5)

 

Once a person seeks a benefit from an agency (Social Security, Internal Revenue Service, Department of Motor Vehicles, Welfare, Child Protective Services, etc.), he is no longer protected by the Constitution, for the supreme Court will rule that, since he has availed himself of its benefits, he is bound by that agency’s rules (number 6)

 

The First Amendment, Bill of Rights: “Congress shall make no law respecting … the right of the people peaceably … to petition the Government for a redress of grievances.

In effect, the Court has removed itself as a means of ‘redress of grievances, by allowing itself to ‘rule’ that they will not answer questions regarding the Constitutionality of laws, enactments, or rules promulgated by agencies (whether in violation of the Constitution, or not).

 

 

If you read the entire case, you will see that it hinges on Administrative Agencies. Basically, if anybody has sought a benefit from an Administrative Agency, they have developed a relationship with the agency. In so doing, it has accepted the rules (statutory construction or general law, see #4) that the agency has adopted. This allows the court to sidestep reviewing the Constitutionality of the matter (see #6).

It should be easy, after reading the above, to begin to understand what has happened to “privileges and immunities.” They are still there, though they are difficult to find.

 

Gary Hunt,

Outpost of Freedom

http://www.outpost-of-freedom.com

 

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post referred to at:

 

http://www.Thedailybell.com/1234/Ron-Holland-Back-To-the-Articles.html

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Divide and Conquer

Divide and Conquer

Gary Hunt
August 16, 2009

In War — in battlefield combat, one of the most important strategies, especially if the enemy has superior numbers, is ‘divide and conquer’. Very briefly, it can be explained that if you have a force of 3,000 and the enemy has a force of 4,000, you will probably be defeated in combat. However, if you can cause him to divide his forces into 2 groups, each having about 2,000 men, is beneficial. You have gone from 25% less men, against his entire force, to a 50% advantage over one of the split units. Once the first unit is defeated, the second unit can be attacked, with much better odds than if an attack was made on the entire force, at the onset.

The same is true of the psychological warfare America is embroiled in, today, and the political warfare that has begun to divide the country.

Each unit that advocates an idea, solution, or objective is limited to the number of people in that unit against the joined forces of the Congress; the Executive administration; and, the multitude of Administrative Agencies. The effectiveness of our side is usually diminished further by forces in different states not coordinating their effort; units with the same objective or goal, not working in unison; and, variations of methods of achieving the objective sought.

I have compiled a list of singular objectives that are commonly pursued, today. Bear with me as we look at these issues, and discuss what they will achieve, in the end, if the groups are successful in their pursuit. The items presented are in no logical order, but the primary issues, I hope, are all included.

911 Truth Seekers – the truth seekers – The goal here is to prove that the government was involved in the planning and execution of the events, which destroyed the World Trade Center, and resulted in our involvement in war in Afghanistan and Iraq. Though the issues brought up by the group are ambiguous rather than tangible, let us suppose that they convince the majority of the people in this country that the government was involved. What happens then? Will it end the wars in Iraq and Afghanistan? Or, have they established a totally separate identity from the World Trade Center? If the government does acknowledge culpability, they will throw out a few dogs to be devoured by the press and public, and go on with their evil ways — planning better, in the future.

Problem: Administrative Agencies have too much authority, often independent of the legislative and executive branches of government.

Birth Certificate pursuers – Suppose irrefutable proof of the bastard president’s birth elsewhere (disqualifying him from office) is brought forward. What will Congress and the Courts do? They have a dilemma. Every enactment or document signed by the President becomes void, nunc pro tunc (from the beginning), or, since the task of, say, recovery of the stimulus money approaches impossible, and the undoing of the troop allocations to Afghanistan cannot be undone, what is Congress to do. Nothing –is what they can do. It may cost the President his job. He may be charged with high crimes, and convicted and imprisoned. Who will take his place? The successor would be Joe Biden, as Vice-President, or, John McCain, as runner up in the election. So, you, at best, get a Republican President. Was Bush that much better than the bastard president? Or, are both parties in bed to bring this country to its knees. Remember, the first stimulus package was under Bush

Problem: The Congress has not ventured into qualifying Presidential aspirants, and the Court refuses to look at the matter. There is a qualification in the Constitution, but no direction as to who is to act as the qualifier. Congress has not, as was intended by the Founding Fathers, sought to fill the gap of omission in the Constitution. Congress has let us down.

Audit the Federal Reserve – Suppose there is an audit of the Federal Reserve. What audit standard would apply to an entity as unique as the Federal Reserve? So, first, a standard would have to be developed to assure that the audit provided the desired results. I would suggest that this would first be given to the Treasury Department to propose the standard. I can see Treasury taking a year or two to develop their proposal for a standard. Then, it would go to the Congress who would assign it to committee, and it would be in Congressional committees for at least two years. Once the standard was determined, the audit would be conducted. Most assuredly, at least some of the auditors would be people well versed in the practices and procedures of the Federal Reserve (inside men). Even if the audit, when (if ever) completed showed massive fraud, the result would be to enact laws to prohibit that sort of fraud in the future, and, at best, begin the process of looking for an alternative to the Federal Reserve Act.

Problem:  Congress was outside of its authority when it enacted the Federal Reserve Act in 1913. The effect of the subsequent years of entrenchment; loss of GOLD and silver as a means of paying debt; and, the enormous debt that has been created and mostly owed to the Federal Reserve makes a solution under the present system almost impossible. The Congress failed to adhere to the Constitution.

End the Federal Reserve – Even if ended abruptly, the effect on the economy, especially with regard to the National debt, would be devastating. What alternative to both dealing with circulating currency and payment of debt would be implemented to avoid such disaster?

Problem: The Congress abrogated their responsibility under the Constitution and allowed an Administrative Agency (Treasury Department) and a private (foreign) group of investors to control our economy.

Healthcare – Objections to national health care are late, and will do nothing to reduce costs. As has resulted from mandatory (in some cases) healthcare insurance, the costs have escalated because the marketplace was undermined. Once the captive audience (mandatory insurance) was implemented, costs could only go up. If healthcare were left in the free market, there would still be hospitals, doctors, and producers of prescription drugs. They would, however, have to provide their services at prices that were reasonable and manageable. Otherwise, they would have no customers. Absent customers, they would lower their prices, or look for new work. Supply and Demand is the best manager of costs. Supply and Demand allows us, the ”consumers”, to determine what appropriate and acceptable costs are. Once removed from our hands, the value of the service was also removed.

Problem: Congress usurped authority that was not granted by the Constitution, by adopting socialism as a means of buying votes. There is no Constitutional authority to require businesses to provide mandatory health insurance, not is there authority, now, to implement national healthcare.

Continental Congress – The First Continental Congress was called for by the New York Committees of Safety. The other colonies responded, in kind, by agreeing to the Congress. The primary result was the “Non-importation Agreement”, as well as some petitions, and, most importantly, they understanding that the colonies could work together for a common goal. The delegates were either existing members of the respective legislatures who were NOT on the side of the Royal Government, or delegates selected by the various Committees. This was true of the subsequent Continental Congresses. The Congresses were called for by the delegates, not the delegates being called for by the Congress. The current call for a Continental Congress is a small group (though, admittedly, growing) of people who have called for delegates to their Congress. This could never be construed to be an emulation of those first Congresses. Since their line of representation is downward and selective, anything that they do or ask for is nothing more than any other group could do or ask for. It bears no weight, and is not representative of the people or a constituency.

Problem: We have been denied Redress of Grievances, as guaranteed by the Constitution. In desperation, we are seeking ways to regain that right, but it will only come when the Rebel US government returns to its willingness to heed the will of the people.

Ron Paul – Ron Paul has come along and captured the hearts of many of those who believe that the Rebel US government has gone astray. He is right in much of what he says, and those who have adhered themselves to him, are also right in doing so. However, we must think, also, of what effect it would have if Ron Paul were elected President. What would change? The President cannot act without the consent of the Congress. If he does, he places himself in a position to be censured or overruled by the Congress. He has a multitude of administrative agencies to deal with (Over 1000), and most of them have already developed a mind of their own. Alone, or even with as many as one hundred members of Congress on his side, the changes on the nature of government, and the power of the political elite is such that there would be no substantial change in the operation of the government.

Problem: The nature of government has changed to the point that return to the confines of the limitations imposed by the Constitution is nearly impossible. Separation of powers has become ineffective because of the power of the political parties and the political elite.

FEMA Camps – Back in the nineties, a list of alleged FEMA prison camps surfaced and circulated via fax network and other methods that were common. That same list has resurfaced and circulated on the Internet. The list, at least part of it, was bogus. I personally investigated four of the sites and they were not what they were alleged to be. More recently, another list has begun to circulate. It is completely different, though it does mention locations near some of the older lists’ locations. This list may have more truth to it than the previous list. It appears that either bids have been taken, or even contracts let for restoration and/or construction on a number of World War II camps or internment centers. So, what if they are building these camps? What will we do about it? Can they be stopped? Yes, if the new construction is destroyed, but that will simply delay things. Will exposure to the public of the camps service any purpose? Yes, and NO People will be aware of them and maybe resentful that they are being built, but the government will, most assuredly, come up with a plausible explanation that will satisfy at least some, and nothing will be done to change the continuation of what they have already begun.

Problem: An Administrative Agency (FEMA) has been granted extraordinary power, authority and budget funds to ‘prepare for an emergency, whether man-made or natural’.

Codex Alimentarius & Genetically Modified Products (GMP) – The Food and Drug Administration has determined, without anymore than administrative consent from Congress, what is good, and what is bad in our food supply. Once those few people make the decision, regardless of the source or influence behind the idea, it becomes law — and, we have to eat it — unless we grow our own food. Some suggest that we will not be allowed to grow our own food, but that aside, we have lost quality food from retail sources (unless small and local) and, in most cases, cannot even find out, without extensive research, what they have been doing to that food supply. If we get rid of the agency, we still have thousands of food production companies that have implemented the programs, and will be reluctant to withdraw from what they have gotten used to.

Problem: An Administrative Agency (FDA) has been granted extraordinary power, authority and budget funds to decide what we eat, regardless of who benefits and who suffers because of their decisions.

Child Protective (sic) Services – Every state has, under suggestion or pressure from the Rebel US government, established a Child Protective Service, or equivalent. Though the name sounds good, in fact, the agency (with federal funding) has the right to determine whether you are a fit parent, or not. “Spare the Rod and Spoil the Child” has become criminal, when applied to disciplining your child. CPS can seize your children without due process of law, and then place them where they see fit. It is likely that some of these agencies have even found that putting children out for adoption can be profitable – beyond the already lucrative government funding. Were we to simply get rid of the agencies (an awesome task, in itself), that will not undo the damage, not the condition, of decades of these agencies affect.

Problem: The government, Congress and administrative agencies in Washington, D.C., have funded and encouraged the establishment of agencies within the states who are ‘legally’ qualified to determine if you are fit parent, or not. This has been destructive of traditional family values upheld in this country for centuries, and has put the state as parent, under color of law, of all children.

Uniform Commercial Code (U.C.C.) – The Uniform Commercial Code was adopted by nearly every state, back in the fifties or sixties. Its purpose who to have a set of rules, easily understood and established, with the purpose that consumers would be able to understand their relationship to merchants, lenders, etc., and know where they stood and what their rights were in transactions. It was implemented by being enacted, in near pure form into the statutes of the respective states. There were a number of provisions that, definitely, benefitted the consumer. One was that when you made a payment, the postmark date of that payment had to be accepted as the date of payment by the lender. This has been overridden by the legislatures and now the lender can even hold your payment for a few days before recording it, which often throws the borrower into an overdue status and attaches the penalties that apply to overdue payments. Though beneficial, when implemented, it has become more of a tool for the commercial interests and means by which they can screw us out of penalties, add charges on top of charges, and, generally run the show. This, like CPS, is administered by the states. Congress tends to support the changes to credit cards, with a total disregard for the consumer.

Problem: The Congress had, at first, encouraged enactment and acceptance of the UCC. Then, they turned their backs on the intended purpose and allowed lobbyists to encourage changes that took away the protections and passed laws contrary to the UCC.

Stop the New World Order – This is an admirable goal. However, the question is whether it is achievable? And, if it were achievable, how would we achieve it? There is no doubt that certain identifiable organizations are major players in the effort to create a New World Order. I believe that some organizations, though often included, are not, at least in rank and file memberships, supporters of the effort. Once identified and exposed, do you think anything will change? They sit in their positions of power and influence (backed by their wealth) and dictate what they perceive as the solution to all of man’s problems on earth. We can touch, feel, taste and see the accomplishments that they are making, every day of our lives. The only conceivable way of stopping this effort is to dispose of those who are participants. Let them know that their lives have as little value, or less, than the lives that are lost, every day, because of their programs

Problem: Congress, the Executive, the Courts and all of the principle Ministers of administrative agencies are pawns in the game of world domination. This extends, largely, into the state and local governments. Where that influence is not direct, it is, at least, indirect. So long as there is no accountability for public officials, officers and agents, there is no solution.

Kick Them All Out – So, who will fill their vacancy? Another programmed member of their political party, or the programmed member of the other political party. In the event that you do manage to get a third party candidate in office, it will, more likely, be a lowly office that offers no threat to the establishment power scheme. Further, if against all odds, your third party candidate ascends to a higher and more influential position, you can rest assured that he will either succumb to “the way that it’s done” by trading votes to get some of his items passed, or, being but one or two who vote against bad legislation because they believe it to be bad (Note: many votes are cast against certain programs which already have assured votes for passage, for the sake of impressing their constitutions that they are “not party men”).

Problem: The legislative system in this country, at federal, state, county, and city levels has, with few exceptions, become corrupted and the office is sought for personal gain and influence.

Drug Wars; Medical Marijuana – Drug wars are nothing more than an attention getter and a tool used to demonstrate to the naive portions of the public that government is doing all that it can to get rid of ‘crime’. Of course, there is no victim to the crime, except the person who spends thousands for their lawyers, thousand more in fines, and, perhaps a few years of his life in prison.

Problem: Administrative Agencies have been granted, by the Congress, the authority to enact policies that, a Constitutional Amendment could, only impose less than a century ago. They have also ignored the guarantee of Republican Form of Government [Art IV, Sec 4, Constitution] in the states by allowing their policy to override state enactments and initiatives that have removed penalties for certain drugs and persecuting those who they have managed to license, by removing licenses of those who violate their administrative policies.

Confederate States of America – This group of sincere patriots have endeavored to arise from the past. They have taken the mantle of those who, many years ago, tried to stop them, then beginning to grow, element of Congressional and Presidential tyranny. Though secession was not considered unconstitutional when the New England States met in Hartford, Connecticut, in 1814-1815, to, among other things, discuss secession, it was those same states that supported Lincoln in his claim that secession was unconstitutional. Therefore, the most damaging war in our history was conducted to ‘prove’ that secession was unconstitutional. The precedence having been established, just how far do you think that you will get with the current effort?

Problem: Congress and the Executive have, in effect, revised the Constitution effectively outlawing any attempt to remove oneself from the compact. Once in, you are stuck. There is no way out of the corrupted influence of government by secession.

American Party; Constitutional Party; Libertarian Party; Christian Conservatives – In terms of any of these entities achieving any successful political advancement, they are little more than any social organization. Though it may feel good to be among people who think like you, the ability to effect any change within the current political structure with a new party is non-existent.

Problem: The Congress has managed to manipulate the electoral and election processes to remove, or reduce to insignificant, the possibility of a challenging third party to achieve even a modicum of success.

Show me the Law (IRS – income tax) – Though there are a number of reasons why the Income Tax, as applied, is illegal or unconstitutional, there are many who have ended up in prison, or dead, in their efforts to avoid this unlawful imposition on our lives. To their credit, probably millions do not pay Income Taxes. Will this change anything other than how much of what one earns they are allowed to retain? It absolutely will not. With all of those who have moved out of the system, there has still been no substantial change to the nature of imposition and collection of this tax. The government needs the tax, the benefits, and deductions so that they can ‘social engineer’ the society. It has nothing to do with the government’s need for the money, and everything to do with ‘teaching us that they control our very lives’.

Problem: Congress has given an Administrative Agency (IRS) power over our lives, without regard to the Constitutional restrictions on taxation.

Freedom Communities – Wonderful ideas, in concept. Live amongst those with like minds. They will only serve as indefensible enclaves, if the government ever chooses to crack down and arrest resistors. They are quite capable of becoming their own prisons.

Problem: Congress has extended its authority beyond the scope allowed by the Constitution, and encroached upon the domains that were preserved to the States.

State Sovereignty – In the nineties, 17 states adopted sovereignty resolutions. To my knowledge, they were never rescinded. Today, states, once again, are adopting sovereignty resolutions. Most of them were the same states that did so, back in the nineties. Though nice proclamations, they end up having no merit. Whether they were passed out of sincerity, or to ‘convince’ the citizens of the respective states that they would not succumb to federal pressure, they failed then, and they will, most likely, fail now. States have relinquished their authority, under the Constitution, for contributions of money from the federal agencies. They have sold us down the drain. When we object, they pass resolutions as pacification, but will still continue to take the greenmail that is offered by the Rebel US government. If these resolutions passed, and then are forgotten we cannot expect the states to be a viable part of our efforts to restore the government to its proper role.

Problem: The federal government usurped constitution powers to control the states, and then bought the states into submission.

State Citizen (National) – A valid exercise that, when completed, frees you from US citizenship. Once freed, however, you have to be vigilant and careful. A misstep may land you in jail, or worse. If you manage to establish your credential in your home community, you will have to repeat the education of law enforcement and judicial officers, when you leave you local area. This will be a perpetual battle for Rights retained by the Ninth and Tenth Amendments. If millions were to adopt this status, what would change regarding the other evils of government?

Problem: The unconstitutional Fourteenth Amendment to the Constitution, allowed by the Congress, the Executive, and the Courts, created a fictional relationship between our public servants and ourselves. The effect was to make them master and us the servant.

North American Union – If we do not stop the North American Union, we will be like the European Union and we will have foreign trucks and drivers driving through our country. Yep! Even if you do manage to stop it, how long do you think it will be until the steam goes out and it gets started, again?

Problem: Congress has, many times before, relinquished or sovereignty in favor of foreign alliances that do not come under the heading of “Treaty’, as the Founding Fathers perceived it. NATO, SEATO, United National, NAU, all of them are just car on a train toward one world government.

H1N1 vaccine – This subject has generated a disproportionate amount of debate. The facts appear to suggest that the ‘outbreak’ and the ‘death rate’ are substantially lower than many other sources of disease/death. This brings in to question (suspicion) the insistence of a vaccine. Quite simply, take the vaccine, or don’t take the vaccine.

Problem: The Administrative Agencies, in conjunction with United Nations agencies have determined a course of action to be implemented (forced) upon the American people. This application seems to be inconsistent with the facts, but there is no recourse (Redress of Grievances), as provided for by the Constitution).

Illegal immigration/aliens; Border protection – Our borders, especially the southern border, have become sieves which allow illegal entry (invasion) into the United States sovereign lands. This breech of responsibility by the federal Administrative Agencies required by law to enforce immigration laws has allowed access, without the security that is required even for legal entry, to our country by workers, drug dealers, criminal elements, and very probably terrorists. In the meantime, for the first time in our history, American citizens are required to have a passport and go through extensive security to return to their own country, from visits to Mexico and Canada.

Problem: Administrative Agencies, by the policy and failure to enforce existing law, provide a fertile ground of activity that is in conflict with our professed Foreign Policy. Since both foreign policy and execution of the laws of the land fall in the Executive Branch of government, there is an apparent conflict within that branch which can be demonstrative of nothing less than contempt for the laws of the land.

Education – Public Education has its foundation in this country prior to the Revolution. It has been held that an educated citizenry would be watchful of abuses by government. The concept, as implemented and conducted for over a century was that local school boards: raised revenue through ad valorem taxes; determined curriculum based upon the needs of the community; provided facilities for the purpose of education; received all of Section 16 in the Western lands (the only participation by the federal government); and, hired instructors to provide the education to the students. As time went on, the federal government created a new cabinet position (Administrative Agency) for Health Education and Welfare. Over e few decades, nearly all of the authority for the above listed responsibilities evolved to absolute control by the federal government.

Problem: An Administrative Agency has displaced community, county, state, and family from the determination of what their children will be taught. They have controlled who may teach; what material can be used to teach; and extended their control to matters outside of the realm of education.

Homeschooling – Public education was, historically, ‘”made available”. This left the parents of children to decide whether they want to allow their children to attend public school,; be taught at home (homeschooling); or, receive no formal education, at all. The state stepped in, first, to make education mandatory (truant officers). Now, many states have imposed their guidelines on what qualifications, what material and what guidelines parents must adhere to, if they choose to educate their own children.

Problem: State and federal Administrative Agencies have remove much of the responsibility that God gave to the parents, with regard to the rearing of their children, so that they can be indoctrinated in the ways of the government’s choosing.

Abortion – Abortion is a moral issue. It is not a federal matter, but is, or was, in the purview of state and/or local government. That is the nature of the Constitution, as understood by the Founding Fathers. Federal crimes were limited to those enumerated in the Constitution, and, those that were passed in accordance with Article I, Section 8, clause 17, of the Constitution. In Roe v. Wade [410 U.S. 113]. Justice Rehnquist, dissenting, said, ” the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment… in 1868, there were at least 36 laws enacted by state or territorial legislatures limiting abortion… The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the power to legislate with respect to this matter.”

Problem: The Supreme Court has become a legislative authority in their country. It has used its position of power to aid in the usurpation of both state and individual rights, reverting the people to the roll of subjects, as they were under British rule.

Eminent Domain – Eminent Domain has a long history in our English heritage. Eminent Domain was the means by which the entire community could be served with roads, canals, and other necessities for common use. It has been used for private gain, aided and abetted by city and county governments, since at least the 1960s. Its original intent is a benefit to the community, though the many of current applications are motivated by greed.

Problem: The courts, from local to supreme, have ignored the history and intent of the law by allowing ‘reinterpretations’ of previous cases (stare decisis). If the courts are allowed to change the meaning of a word or phrase top obtain their desired conclusion in a case, the will, by such action, remove Justice entirely from the courtroom.

Congress not reading the bills that the vote for – It has always astounded me the Congress seems to find more new need for legislation, every year. Over 3,000 pieces of legislation are enacted, every year. One would think that, if what Congress did to solve problems worked, there would be less need for new laws rather than more. Perhaps understanding, as they have recently admitted, that they do not read the laws that the pass, we can understand why things are getting worse rather than better.

Problem: Congress, whether a Senator or a Representative, is elected and paid to do a job for his constituency. That job is to represent our interests. Regardless of recent flagrant disregard with respect to spending, answering questions about why they support something, and, there general unwillingness to accept any responsibility for their action, it would seem that enacting laws because someone told them that they were good law (and, we don’t have any idea who told them), is as far away from “representation” as one could possibly imagine.

Balance the Budget – There has been for years an effort to force the federal government to ‘balance the budget’. Let’s just suppose that they did. The budget would of necessity, include debt service (payments on interest, and, hopefully, substantial amounts to reduce principal), along with the necessary expenses to conduct the business of government. Even if the operating expenses of the government were reduced to minimal, when added to the debt service, the amount required to continue the conducting of government would be well beyond the means of the current sources of revenue. This would require imposing a tax that would be unbelievable, and totally unacceptable to most Americans.

Problem: The debt is increasing at an alarming rate because Congress and the Executive have determined that if they want it, they will buy it. Consider that the debt, right now, is in excess of $38,000 for every man, woman and child in this country. Congress and the Executive have dug a hole so immense that it is nearly impossible to get out of it.

Militia (Civilian Defense) – Militia have been actively forming and then disbanding for the past 15 years. They generally participate in some combat training, establish a chain of command, and then get bored with their actions. There are some, however, who have retained their character. They, the ones that have stood the test of time, have also acknowledged that the Militia is subordinate to the civil authority. At this point in our history, that civil authority is the governor of the state in which the militia is formed. Similarly, the colonial militia were subordinate to the Royal Governor and to their local Committee of Safety, if they had one. The necessity was different, then. Indians were a major concern. The Committees would also establish night watchmen if the community might be subject to Indian attacks. Much of the activity of the militia was totally without knowledge of the Governor, and the right to bear arms, though unwritten, was without question.

Problem: The Rebel US government has done everything that they could to delegitimize the militia. Most states have followed suit, even to the point of trying to redefine militia as the National Guard. Most states, however, retain laws which make all able-bodied males between the ages of 15 and 45 (may vary from state to state) members of the militia, and require no registration.

Committee of Safety – There is an effort afoot that is attempting to build Committees of Safety from the top down, much like the Continental Congress (above). They claim that all of the Committees were composed of existing legislators. They have, however, put the cart before the horse. Their page refers to a book by Agnes Hunt about the Provincial Committees of Safety. These colony level Committees came long after the original Committees had called for and conducted the Continental Congresses. The Provincial Committees of Safety, for the most part, came after the Declaration of Independence. The foundation for organization, leadership, and, equipping of the militia came first from the local Committees of Safety. Relief for the people in Boston, during the embargo, was provided by the local Committees of Safety. They were, without a doubt, the foundation of the American Revolution. They were not supporters of candidates, nor did they support issues. They were a single focus group that was intent on providing guidance to the community for its own defense and well-being.

Problem: Through the educational process and the qualifying of text books, the Department of Health, Education and Welfare has managed to relegate, nearly to oblivion, the role played by the Committees of Safety. They have attempted to destroy any understand of true Grass Roots Activism, by so doing. The problem is — we do not have any Committees of Safety upon which we can depend for lawful guidance of our activities, should the need arise.

In reviewing the above issues, and realizing what the outcome of each will provide as a result, we can see that we are facing myriad task, none, or few of which will result in more than a very singular accomplishment — which might easily lead us down another path to pursue.

If the particular objective is reached and the results are adequate, this leaves us only to join another battle.

If, after years of effort, a battle, which has been waged, is won, leaving no residual to encumber us into a continuation of that battle, we can choose another battle to pursue.

However, who is to believe that if a battle is won, finally and decidedly, that another objective will not appear to take its place.

If a New World Order, dominated by a few, against the many, is truly being waged, the tactic of ‘divide and conquer’ will surely be continued. It will drain our resources from now to eternity, if we choose to pursue our goal, one issue at a time.

The division of our forces is inherent in the struggle that we are pursuing. Each, due to his personal ideology, has chosen one, or another, of the objectives, and is willing to give 100%, not realizing the futility of success, once the battle is completed.

If our forces are so divided as to assure the success of the New World Order, we are only passing time until, battle completed, or not, we realize that failure is the only course that we have pursued.

Is there an alternative course that can achieve all of the objectives?

If we were in a battlefield where an effort was made to divide the forces, giving advantage to the enemy, we would, if our objective was to win and we had superior forces, refuse to divide our force. The enemy would have anticipated being successful in creating the division (as they most certainly believe to be the case), and would not anticipate an all out attack on their main base, leaving them divided simply by believing that we were divided.

In this psychological, or, political war that we are engaged in, what strategy would overcome the division that has given such an advantage to the enemy? Could it be to concentrate our forces in a single issue (of those above mentioned)? Most assuredly, it would be unsuccessful, since even though that battle may be won, it would only lead us to the next battle. Each battle fatiguing us even more, as we trudge through dozens of issues, and leaving the door open for the creation of even more issues to string along our forces until exhaustion and frustration finally lead us to accept defeat.

Where could we concentrate our efforts to expect that we could ‘attack their headquarters’ and achieve success on all fronts?

Unfortunately, in this world of rapid and advanced communication, their headquarters are spread all over the world. There are, however, many identifiable ‘sub-headquarters’ where their leaders work, meet, relax, or live.

If we were to begin an effort to attack them on terms that were advantageous to us, rather than them, we would begin by going to these locations and finding the culprits. We would tar and feather them, and we would destroy the buildings that they used to enjoy that which they have reaped from our toil.

Yes, they will arrest us for doing such things. They have established a support base (police, courts, etc.) to protect them, since they realize that the Founding Fathers did not face such protection for the taxmen and politicians of the day. However, arrest is a small price to pay for the goal that we seek. And, if the juries are fully informed, there will be no convictions.

Create such discomfort and generate fear in their hearts, and, perhaps, they will find another country to plunder. It is for us to take back our country, and, in so doing, all of the problems enumerated above, along with the dozens unmentioned, will be capable of solution by We the People.

If we take to heart the last two mentioned items (Committees of Safety and Militia), we can begin forming a substitute government (as did the Founding Fathers), which, once installed as the true Government of the United States, we can dispense with the problems, one after another.

Would we rather pay lip service to George Washington? Or, would we rather do that which is necessary to achieve the removal of a despotic government? He was willing to do what was necessary to expel those who resisted allowing freedom and liberty to prevail in the land. He supported those peaceful efforts, when there was hope for them to succeed. When peaceful methods had convinced the Founding Fathers that they would be of no avail, the efforts were stepped up, as necessary, to force the hand of the despotic government. Retreat was not in the dictionary. How extensive an effort would be required was unknown, and every effort was made to escalate only to the extent necessary. The desire of the despots to retain control was the force that was needed to compel the colonists to risk all, when all else had failed.

We have tried petitions. We have tried demonstration. We have been ignored by those in power for every effort we have exerted. Perhaps, now is the time to extend our efforts into a minimal physical effort. Create displeasure and discomfort of those in power, and those who support them. In addition, we must be sincere and thorough, for if we fail in this effort, there remain but two choices – Victory by force of arms, or, defeat by failure to be willing to commit to the cause.

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