Posts Tagged ‘congress’

Burns Chronicles No 30 – Officer? What Officer?

Monday, September 26th, 2016

Burns Chronicles No 30
Officer?   What Officer?

bank-robber

Gary Hunt
Outpost of Freedom
September 26, 2016

In the Indictments, both in Oregon and Nevada, there is one Count that raises some serious questions.  The exact wording, to the extent of understanding the charges being made, is as follows:

For Oregon:

COUNT 1

(Conspiracy to Impede Officers of the United States)

(18 u.s.c. § 372)

On or about November 5, 2015, and continuing through February 12, 2016, in the District of Oregon, defendants…

It then goes on to list the Defendants and makes some rather general accusations, WITHOUT naming “Officers” or, how they were impeded.

Next, we look to the Nevada Indictment:

COUNT TWO

Conspiracy to Impede or Injure a Federal Officer

(Title 18, United States Code, Section 372)

Then, they go into a narrative, missing, of course, any named “Officers”, or any specific acts that constitute impeding.

The statute cited reads:

18 U.S.C. § 372 : US Code – Section 372: Conspiracy to impede or injure officer

If two or more persons in any State, Territory, Possession, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof, or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined under this title or imprisoned not more than six years, or both.

Now, our concern, as much as with the Indictments lacking specificity, is the Statute, itself.  So, let’s first trace the history of the Statute, and then we will look into just who an “Officer” might be.

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Burns Chronicles No 29 – Public Lands – Part 2 – The Federal Government Has No Jurisdiction

Wednesday, September 21st, 2016

Burns Chronicles No 29
Public Lands – Part 2
The Federal Government Has No Jurisdiction

harney-county-resource-centera-cropped

Gary Hunt
Outpost of Freedom
September 21, 2016

In a previous article, “It’s a Matter of Jurisdiction“, we looked at the constitutional aspect of jurisdiction.  Many will simply ignore that aspect, since they believe that the government is not bound by the Constitution, anymore.  So, we must wonder whether those who enacted laws, more recently, regarding jurisdiction, especially on lands that were obtained for certain purposes, were as doubtful of the intent of the Constitution.

The original buildings on the Refuge were built during the Great Depression under one of the various work programs intended to provide employment.  The land that they were built on was acquired by the government on February 18, 1935.  The remainder of the government-owned land in Section 35, as the Malheur National Wildlife Refuge was expanded, was acquired on November 22, 1948.

Shortly after the first parcel was acquired, on April 27, 1935, Congress enacted “AN ACT To provide for the protection of land resources against soil erosion, and for other purposes”, at 49 STAT 163.  Those “other purposes did include uses anticipated “to preserve public lands and relieve unemployment“.  That Act applied:

(a) On lands owned or controlled by the United States or any of its agencies, with the cooperation of the agency having jurisdiction thereof; and
(b) On any other lands, upon obtaining proper consent or the necessary rights or interests in such lands.

So, it was recognized that the federal government need not have jurisdiction, but more about why, later.

The benefits of the Act would be extended where local government would extend “reasonable safeguards for the enforcement of State and local laws imposing suitable permanent restrictions on the use of such lands…”

So, we see no effort to presume prior jurisdiction, to make all needful rules and regulations, as per Article IX, § 3, cl. 2, or to presume a necessity to require the State to cede the lands to the federal government, as per Article I, § 8, cl. 17, since there were no “Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings”.

Then, on June 29, 1936, Congress went even further in abiding by the Constitution by clarifying their position on “exclusive Legislation in all Cases whatsoever” (I:8:17), with “AN ACT To waive any exclusive jurisdiction over premises of resettlement or rural-rehabilitation projects…; and for other purposes”, at 49 STAT 2035.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the acquisition by the United States of any real property heretofore or hereafter acquired for any resettlement project or any rural-rehabilitation project for resettlement purposes heretofore or hereafter constructed with funds allotted or transferred to the Resettlement Administration pursuant to the Emergency Relief Appropriation Act of 1935, or any other law, shall not be held to deprive any State or political subdivision thereof of its civil and criminal jurisdiction in and over such property, or to impair the civil rights under the local law of the tenants or inhabitants on such property ; and insofar as any such jurisdiction has been taken away from any such State or subdivision, or any such rights have been impaired, jurisdiction over any such property is hereby ceded back to such State or subdivision.

So, not only did they relinquish all “civil or criminal jurisdiction“, but they ceded back any jurisdiction that had been taken away from any State or subdivision.  Now the record had been set straight, in accordance with the Constitution.

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Burns Chronicles No 27 – Public Lands – Part 1 – It’s a Matter of Jurisdiction

Tuesday, September 13th, 2016

Burns Chronicles No 27
Public Lands – Part 1
It’s a Matter of Jurisdiction

caution-yellow-tape

Gary Hunt
Outpost of Freedom
September 13, 2016

Thomas Jefferson had proposed an ordinance to deal with the lands won along with independence from Britain in 1784, and not belonging to any State, any lands that might be relinquished when considered to have been granted by Royal Charter.  The Continental Congress ratified the Northwest Ordinance of 1787 on July 13, 1787.  The First Congress under the newly ratified Constitution, which met from March 4, 1789, to March 4, 1791, then reaffirmed that same ordinance.  This slightly revised version reaffirmed on July 13, 1789, and is known as the Northwest Ordinance of 1789.

The Fourth Article, unchanged in the two versions, reads, in part:

Article the Fourth.  The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America…  The legislatures of those districts or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers.  No tax shall be imposed on lands the property of the United States; and, in no case, shall nonresident proprietors be taxed higher than residents.

Note that “primary disposal” seems to be the objective of holding the land.  That disposal would serve two very significant purposes in the creation of a nation that would grow from those first thirteen states.  First, it would raise revenue for the payment of the debt incurred because of the War of Independence, and it continued to provide revenue for the fledgling nation.

Second, it would provide land for people to populate the barren regions, first, across the Allegheny Mountains, then on to the Mississippi River, next to the Rocky Mountains, and finally to the Pacific Ocean.  With each of these principal movements, as those people moved westward, the resources of the most resource rich country in the world would develop into the greatest nation in the world.

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Liberty or Laws – Are You a Voter, or, an Elector?

Tuesday, September 6th, 2016

Liberty or Laws?

Are You a Voter, or, an Elector?

 

latino-polling-placeGary Hunt
Outpost of Freedom
September 6, 2016

During this current election cycle, a matter has constantly recurred, that of the federal government mandating, primarily through the District and Circuit Courts, who can vote and what requirements, if any, are necessary to do so.

To understand what has gone wrong, we will have to look to the Constitution, what was required to vote in national elections in the past, and how the federal government has supplanted the States regarding the authority over who may vote.  There is also concern about the Electoral College, so we need to see what was intended when the Constitution was written.  It is necessary to follow this history of voting to understand just how Article IV, § 4 of the Constitution has become moot.  The pertinent part of that Article reads:

The United States shall guarantee to every State in this Union a Republican Form of Government…

So, let’s begin with references to voting and elections in the Constitution.  In Article I (Legislative Branch), we find:

Section 2 — The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

Well, clearly, it is the prerogative of the State to determine what “Qualifications [are] requisite for Electors of the most numerous Branch of the State Legislature.”  The federal then yields to the state’s authority concerning who is qualified to vote in federal elections.  The use of the term “Electors”, in this section, is what most would simply call “voters”.  They elect the Representatives, but their qualifications are based upon the qualifications that State has set for its most “numerous Branch.”  There is no such condition for the Senate, like the Senators, prior to the 17th Amendment, were chosen by the state legislatures.

Next, we see that the Constitution leaves a degree of discretion to the federal government, though quite limited:

Section 4 — The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

It says that “Congress may at any time by Law make or alter such Regulations…”, though since it refers to itself, when it says “alter such regulation”, it can only refer to “The Times, Places and Manner of holding Elections…”  Otherwise, the previous (Section 2) provision would be without substance.  The same power or authority cannot be granted to two different parties, the federal government and the State governments.  That would be contrary to any practical possibility that both would agree to any acceptable determination of who could vote, especially if one had the guarantee of a Republican Form of Government.  As we will see, the states that existed in 1874 had diverse requirements.  There was some commonality, but the federal government could only intervene to assure that such voting was done timely, not done at a place that would limit access to voting, and of the manner (not requirements), such as paper ballots.  At that time (before the Seventeenth Amendment), the state legislatures elected the Senators.

Next, we have:

Section 5 — Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members…

Now, there is another grant to the federal government, but only to “Judge… the Elections“.  That, obviously, could only extend to judging the results of the elections, as they cannot be judged before being completed.  This would include Returns.  The Qualifications, of course, is to satisfy the requirements regarding who may serve in the House of Representatives and the Senate, found in Article I. Section 2, clause 2 and Section 3, clause 3.

Initially, Article II (Executive Branch) set forth the method by which the President would be elected:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves.  And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate.  The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted.  The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President.  But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice.  In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President.  But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

Now, in the election of the President, the Electors are selected according to the “Manner as the Legislature thereof may direct“.  In the subsequent section on the “Electoral College“, the disparity of this method has become problematic.  However, we can see that the federal government may only “determine the Time of chusing the Electors, and the Day on which they shall give their Votes.”

This procedure was changed in 1804 with the ratification of the 12th Amendment.  The Constitution had the second highest vote receiver as Vice-President, and it was determined that the two highest vote getters, running in opposition to each other, would then share the responsibilities of the Executive Branch of Government.  The 12th Amendment changed the voting by the Electors to one vote for President and one vote for Vice-President, rather than, as described above, where they voted for “two Persons.”

The only other amendment to affect the election of the President was ratified in 1961 as the 23rd Amendment; it simply gave Washington, D.C., the District of Columbia, the ability to participate by allowing it to select Electors for the election of the President and Vice-President, just as the States.

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Liberty or Laws? – The First Line of Defense

Friday, June 17th, 2016

Liberty or Laws?
The First Line of Defense

2ndAmendment

Gary Hunt
Outpost of Freedom
June 17, 2016

As much as many disagree with the Founder’s intent of the Second Amendment, there is little doubt that there were two primary purposes.  The first, of course, was be able to respond if, should the need arise, as had then recently occurred, the government had begun taking their rights.  It was to assure that the People would have an adequate means of defending against those encroachments and complying with the duty set out in the Declaration of Independence:

“But when long trains of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide for new guards for their future security.”

There was a second intent that is, in this day, perhaps a bit more obscure.  However, there was a constant threat, especially in the fringes of the American civilization, of attack by Indians, and on occasion, by foreigners such as the French.  Though most often, fighting such battles was conducted by militia units, armed and equipped by the local government, those who of necessity, to protect life and property, were operating within the capacity of the intent when they acted, as individuals or small groups without the organized structure, were no less militia than the units, or even the standing military force.  There was never a consideration that individuals must rely on the government to afford them and their property protection.

Even during the expansion of the country, especially after the Civil War, military forts were few and far between.  The first line of defense had to be the armed citizenry.  It could be days, weeks, or there might never be a response by the military when there were attacks made on the People.

As the West was settled, the need for the militia and the armed citizenry was diminished.  Since that time, that historical necessity had all but gone away.  By 1903, with the passage of an Act “To promote the efficiency of the militia“, also known as the “Dick Act”, the militias was redefined as the National Guard and the Reserve Militia.  Within that Act, only the National Guard could be called to national service.

That Act did not deny the existence of any right secured by the Second Amendment.  However, it did mandate (shall) that:

“That the militia shall consist of every able-bodied male citizen of the respective States, Territories, and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes—the organized militia, to be known as the National Guard of the State, Territory, or, District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the remainder to be known as the Reserve Militia.”

There you have it: every able-bodied male citizen, is either exempt, in the National Guard, or the Reserve Militia.  The only exclusions were certain government employees and those excluded by the respective state laws.  There is no subsequent mention of the “Reserve Militia”, therefore, it includes those described and only excludes those so described. (more…)

Administrative Agencies – The Fourth Branch of Government – Circumventing the Constitution

Tuesday, April 19th, 2016

Administrative Agencies – The Fourth Branch of Government
Circumventing the Constitution
Constitution reversed

Gary Hunt
Outpost of Freedom
April 19, 2016

Suppose you lived in Washington state or Colorado.  Suppose, too, that consistent with state law, you grow, process, and use marijuana.  Now, state law says you can, but federal law says that you can’t.  What happens if the feds arrest you and charge you with a crime?

The Constitution/Bill of Rights says that the right to keep and bear arms “shall not be infringed”.  Would a federal requirement that demands that you register your firearms be such an infringement, if your state did not require such registration?  Could you be successfully prosecuted by the federal government if charged with failing to register your firearms? (more…)

Burns Chronicles No 10 – Is There a Peaceful Solution? – Redux

Monday, February 22nd, 2016

Burns Chronicles No 10
Is There a Peaceful Solution?
Redux
Greg_WaldenRepresentative Greg Walden

 

Gary Hunt
Outpost of Freedom
February 22, 2016

In a previous article, “Is There a Peaceful Solution?“, I included a link to a video. Based upon a number of comments, it appears that many decided not to watch the video, instead filling in the answers, for themselves. They continue to assume that there is a peaceful solution to the problems that we are facing in dealing with the federal government.

Understand that Representative Walden spoke to the House of Representatives on January 5, 2016, just 3 days after the Malheur National Wildlife Refuge was occupied, though the occupation had nothing to do with being “armed”; and the day after Dwight and Steven Hammond turned themselves over to the Bureau of Prisons, at San Pedro, California — to serve the harsh sentence imposed by the Appellate Court, not by the trial court.

I have underlined the more significant portions of what Rep. Walden had to say, so that you can fully understand that the administrative agencies tend to ignore the laws enacted in accordance with the Constitution, by that branch that has the sole authority to enact laws. The specific wording of that provision of the Constitution:

Article I, Section 1:
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

For those who believe that there is a peaceful solution, I can only ask, “Just how do you propose to achieve that solution, when the laws are ignored by the government, when they choose, and misapplied (as in the Hammond case) when they choose?”

* * *

Mr. Speaker, I am sure my colleagues are aware of the situation in Harney County, Oregon, where a group of armed protesters have overtaken a Federal facility in the Malheur National Wildlife Refuge.

This group is led largely by people who are not necessarily from Oregon, although they obviously have supporters from Oregon. They were originally there to protest the sentencing of Dwight and Steve Hammond.

I know the Hammonds. I have known them for probably close to 20 years. They are longtime, responsible ranchers in Harney County. They have been sentenced to prison not once, but now twice. I will get into that in a moment.

The point I want to make at the outset is for people in this Chamber to understand what drives people to do what is happening tonight in Harney County.

I have had the great honor and privilege to represent Harney County for a number of years. I have seen the impact of Federal policies from the Clinton administration to the Obama administration. I have seen what happens when overzealous bureaucrats and agencies go beyond the law and clamp down on people. I have seen what courts have done. I have seen the time for Congress to act and then it has not.

I want to put this area in perspective because I think it is really important to understand how big this region is. By size, my congressional district in Oregon is something like the seventh or eighth biggest in the Congress. If you overlaid it over the east coast, it would start in the Atlantic and end in Ohio.

The county where this occupation is taking place–Harney County–is over 10,000 square miles. There are 7,000 souls inhabiting it. If my math is right, that is one person for every 1.4 miles. One person for every 1.4 miles.

Just this one county is 10 times the size of Rhode Island. It is larger than the State of Maryland. And 72 percent of it is under the command and control of the Federal Government.

It is the public’s land. That is true. But what people don’t understand is the culture, the lifestyle, of the great American West and how much these ranchers care about the environment, about the future, about their children, about America, and how much they believe in the Constitution. Now we see the extent they will go to in order to defend what they view as their constitutional rights.

***

But, I want to talk about what happened with the Hammonds. I want to put in perspective what happens almost every year in my district. That is these enormous wildfires.

The Miller Homestead Wildfire in 2012 burned 160,000 acres, mostly in this county, if not all; 250 square miles, a quarter of the size of the State of Rhode Island. That was just in 2012.

The Barry Point Fire that year, in Lake County, next door, burned 93,000 acres. Last summer alone, we burned 799,974 acres across Oregon; that is both forest and high desert. In 2012, 3.4 million acres burned in Oregon.

There was another fire in Malheur County. The Long Draw Fire, in 2012, burned 557,000 acres, five times the size of Rhode Island. So 93,000 acres, 557,000 acres, 160,000 acres, all burning.

The Hammonds are in prison tonight for setting a backfire that they admit to, that burned 139 acres, and they will sit in prison, time served and time going forward, 5 years, under a law that I would argue was never intended to mete out that kind of punishment, and I will get to that in a moment.

***

When Secretary Babbitt, the Interior Secretary at the time, came before the House Resources Committee, of which I was a member, I said, Mr. Secretary, your own resource advisory committees in the area just reported that there was no need for additional protection on Steens Mountain, and yet, you and the President are threatening to create this national monument. Why do you waste the time of the citizens to go through a process to determine if additional protections are needed and then ignore what they came up with?

To Bruce Babbitt’s credit, he agreed when I told him: I think you would be surprised about what the local ranchers and citizens of Harney County would be willing to do if you give them a chance. To his credit, he said: All right, I will give them that chance. And, he did.

We went to work on legislation. It took a full year. I worked with the Hammonds. I worked with Stacy Davies, I worked with all kinds of folks, put a staffer on it full-time, multiple staffs, and we worked with the environmental community and others. And we created the Steens Mountain Cooperative Management and Protection Act, model legislation, never been done before, because I said: We don’t have to live by past laws, we write laws.

So, we wrote a new law to create a cooperative spirit of management in Harney County. The Hammonds were part of that discussion. We saved a running camp, Harlan Priority Runs. We protected inholders. We tried to do all the right things and create the kind of partnership and cooperation that the Federal Government and the citizens should have.

Fast forward on that particular law. Not long after that became law, and it was heralded as this monumental law of great significance and new era in cooperation and spirit of cooperation, some of those involved on the other side and some of the agencies decided to reinterpret it. The first thing they tried to do is shut down this kids’ running camp because they said: Well, too many, maybe more than 20, run down this canyon and back up, as they had for many, many years. They wanted to shut it down. So we had to fight them back and said, No, the law says historical standards.

Then the bureaucrats, because we said: You should have your historical access to your private property, if you are up on Steens Mountain, you should maintain that access like you have always had it. Do you know what the bureaucrats said? They began to solicit from the inholders in this area: How many times did you go up there last year? You see, they wanted to put a noose around the neck of those who were inside. That was a total violation of what we intended and we had to back them off.

See, the bureaucracy wants to interpret the laws we write in ways they want, and in this case, they were wrong, not once, but twice.

Then, a couple of years ago, I learned that, despite the fact we created the first cow-free wilderness in the United States under this law, and said clearly in this law that it would be the responsibility of the government to put up fencing to keep the cows out, as part of the agreement, the Bureau of Land Management said: No, we are not going to follow that law. And, they told the ranchers they had to build the fence.

I networked with my Democrat colleague from Oregon, Mr. DeFazio, who was part of writing this law. I said: Peter, you remember that, right? He said: Yeah, I didn’t like it, but that was the case. BLM still wouldn’t listen. So, we continued to push it and they argued back.

Well, it turns out there had been a second rancher who brought this to my attention who they were telling had to do the same thing, build a fence, when the government was supposed to under the law I wrote. The arrogance of the agency was such that they said, We don’t agree with you.

Now, there aren’t many times, Mr. Speaker, in this job when you can say I know what the intent of the law was, but in this case I could because I wrote the law, I knew the intent.

Oh, that wasn’t good enough. No, no, no. No, no, no. The arrogance of these agency people was such that we had to go to the archives and drag out the boxes from 2000, 1999-2000, when we wrote this law, from the hearings that had all the records for the hearings and the floor discussions to talk about the intent. And our retired Member, George Miller, actually we used some of his information where he said the government would provide the fencing. They were still reluctant to follow it. So I put language in the appropriations bill that restated the Federal law.

***

This is a government that has gone too far, for too long. Now, I am not condoning this takeover in any way. I want to make that clear. I don’t think it is appropriate. There is a right to protest. I think they have gone too far. But I understand and hear their anger.

Right now, this administration, secretly, but not so much, is threatening, in the next county over, that looks a lot like this one, Malheur County, to force a monument of 2.5 million acres, we believe. I think this is outrageous. It flies in the face of the people and the way of life and the public access.

***

We have fought other issues. More than half of my district is under Federal management, or lack thereof. They have come out with these proposals to close roads into the forests. They have ignored public input. They often claim to have all these open meetings and listen to the public, and then, in the case of Wallowa-Whitman, the forest supervisor who was eventually relieved because of this, I believe, completely ignored all the meetings, all the input, all the work of the counties and the local people, and said: Forget it, I am going my own direction.

There were 900 people that turned out at the National Guard Armory where they had a public hearing, standing room only and beyond, furious.

You see, how do you have faith in a government that doesn’t ever listen to you? How do you have faith in a government that, when elected Representatives write a law, those charged with the responsibility of implementing it choose to go the other direction and not do so? That is what is breaking faith between the American people and their government, and that is what has to change.

The other thing that has to change, the law under which the Hammonds were sentenced. Now, they probably did some things that weren’t legal. I have given you the size of the acreages that burned naturally. I haven’t gotten into the discussion about how these fires are often fought and how the Federal Government frequently will go on private land and set a fire without permission to backburn. That happens all the time.

In fact, in the Barry Point Fire down in Lake County, they set fire on private timberland as a backburn while the owners of the property were putting out spot fires down in the canyon. I drove down there afterwards. They are darn lucky to have come out alive.

There was nobody sentenced under the terrorism act there. Oh, heck no. It is the government. They weren’t sentenced. Nobody was charged. Oh, it just happened.

Now, fires are tough to fight. I have great respect for firefighters. There are always two sides on how these fires get fought. But I can tell you, a few years back in Harney County, because I went and held a meeting out there right as the fire was being put out, that the fire crews came in, went on private ground, lit a backfire on private ground, behind a fence line, that then burned out the farmer’s fence, the rancher’s fence, and burned all the way over and down into a canyon where there was a wetland, which would have been the natural break to stop the fire from the other side. You see, they never needed to burn that land.

These things happen in the course of fighting fire. It doesn’t mean they are right. But rare is it that somebody ends up 5 years in prison.

Let me tell you what the senior judge said when he sentenced the Hammonds the first time, Judge Michael Hogan, senior Federal judge, highly respected in Oregon. He sentenced Dwight Hammond to 3 months and Steve to a year. There were different offenses here.

He said, “I am not going to apply the mandatory minimum because, to me, to do so, under the Eighth Amendment, would result in a sentence which is grossly disproportionate to the severity of the offenses here.”

The Judge went on to say, `”And with regard to the Antiterrorism and Effective Death Penalty Act of 1996, this sort of conduct would not have been the conduct intended under the statute.”

When you ask, you know, what if you burn sagebrush in the suburbs of Los Angeles, and there are homes up the ravines, it might apply. Out in the wilderness here, I don’t think that is what the Congress intended.”

In addition, it just would not meet any idea I have of justice proportionality. It would be a sentence which would shock the conscience, to me.”

Senior Judge Mike Hogan, when he did the original sentencing.

But, you see, under this 1996 law under which they were charged and convicted, it turns out he had no judicial leeway. He could not mete out a sentence that was proportionate to what the crime was.

So yesterday, Dwight and Steve went to prison again. Dwight will be 79 when he gets out. Steve will be about 50.

Meanwhile, in Harney County, on the ranch, Susie will continue to try and survive; 6,000-acre ranch, she needs grazing permits to make this happen. It would be a cruel and unjust act, by the way, if access to those grazing permits that allow that ranch to work were not extended. What possible good could come out of bankrupting a grandmother that was trying to keep a ranch together, while the husband sits in prison, her son sits in prison? What possible good?

They will serve their sentences. There is nothing, short of clemency that only the President can offer, that we can do. But we can change that law, and we should, so that nobody ever is locked in like that for a situation like this, where a senior judge, literally, on his final day on the bench, says this goes too far, it goes too far. They appealed that, by the way, and lost. But I believe that the judge was right.

***

They are good people. Their sons and daughters, by a higher proportion, fight in our wars and die, and I have been to their funerals. So to my friends across eastern Oregon, I will always fight for you. But we have to understand there is a time and a way. Hopefully the country through this understands we have a real problem in America: how we manage our lands and how we are losing them.

It is not like we haven’t tried here, Mr. Speaker. Year after year we pass bipartisan legislation to provide more active management on our forests so we don’t lose them all to fire, and we are losing them all to fire. We are losing firefighters’ lives, homes, and watersheds–great resources of the West. Teddy Roosevelt would roll over in his grave. He created this wildlife refuge in 1908.

There were some bad actors there in the 1980s, by the way. They were very aggressive running the refuge, threatening eminent domain and other things that took ranches. It was bad. That lasted for at least a decade or more. It has gotten better though. It is not perfect. There is a much better relationship, and the refuge and the ranchers work closer together. In fact, during this fire in 2012, the refuge actually opened itself up to the ranchers for hay and feed because theirs was burned out because of this big fire. So there was a better spirit there.

But there are still these problems: the threat of waters of the U.S. shutting down stock ponds and irrigation canals and a way of life, the threat of fire every year that seems to not be battled right and just gets away, and no one is really held accountable; the continued restriction on the lives of the men and women who, for generations, have worked hard in a tough environment. It has just gone too far. It is hurtful.

I hope people understand how serious this is felt and how heartfelt this is by those who pay their taxes and try and live by the law and do the right things and how oppressed they feel by the government that they elect and the government they certainly don’t elect, and how much they will always defend the flag and the country, and their sons and daughters would go to war, some will not come back–and they have not from this area.

The BLM needs to make sure Susie Hammond isn’t pushed into bankruptcy and has her ranch taken by the government and added to those that have been. We need to be better at hearing people from all walks of life and all regions of our country and understanding this anger that is out there and what we can do to bring about correct change and peaceful resolution.

It is not too late. We can do this. It is a great country. We have the processes to do it right.

Mr. Speaker, I yield back the balance of my time.

* * *

The peaceful solution, then, should be solely those laws enacted by the Congress, such as the Steen Mountain legislation that Mr. Walden spoke of. The Executive branch is to carry out and enforce those laws. Though, as we have seen, they choose to interpret them other than the wording or the intent of those laws lawfully enacted.

Further, the agencies are empowered to adopt rules. To do so, they are to publish those proposed rules in the Federal Register and hold public hearings on the proposed rule. Now, this is just a bureaucratic trick. The hold the hearing, and regardless of the input by the public, the agency, once they have held the hearings, have satisfied the requirement. Then, they adopt the rule, even if 100% of the public input is contrary to the rule.

So when we realize that the legislative branch is without any constitutional authority to assure that they laws they pass have become “the supreme Law of the Land” (Article VI, clause 2), then we are at the mercy of the interpretation, or rules, of the agency that administers those laws.

With that in mind, let us return to the question:

Is there a peaceful solution?

 

The Rise of Islam in Our Children’s Minds – Is This the Destruction of America?

Wednesday, September 23rd, 2015

The Rise of Islam in Our Children’s Minds
Is This the Destruction of America?

Muslim teacher

Gary Hunt
Outpost of Freedom
September 23, 2015

A friend sent a copy to me of the current assignment in Social Studies for her Seventh Grade son. Since the truancy people have threatened her if he doesn’t go to school, he has simply been instructed to face the back of the classroom and ignore the instruction. However, that solution is problematic, and what we are seeing is a program of enforced indoctrination.

Hitler arranged the educational system to propagandize the Nazi philosophy, and dwell on certain aspects of the German culture. He did not instill a foreign culture into the minds of the children. What country would even consider doing such?

The student’s previous historical education included California history, primarily the early Spanish portion with the Missions and Spanish settlement; Ancient history centered on the Mediterranean Sea (Byzantine Empire, Romans, etc.), and the Rise of Islam (current studies). No America history, no European history, no government studies.

So, before we look into just what is currently being studied, let’s think a bit about the near future. The students who have taught very little of our own history, but have been indoctrinated (I can’t think of a better word) in Spanish settlement of California, and Islam’s role in the world, including how badly the White Europeans treated them, will leave them with a foundation of culture that excludes that which they were born into, believing that their roots are from a Spanish and Muslim heritage.

They will object to any subsequent instruction that might dwell upon the settlement of the “New World” by English and French adventurers –those that brought civilization rather than chaos — because it would be foreign to the foundation that had been implanted in them. The “Great Experiment”, the first, and only real, government created by the people of the country, for the purpose of self-government, will be spurned as inconsequential, even though it laid the foundation for the freedom of those invaders (yes, that is the correct word) who have used those protected freedoms (which do not exist where they came from) to destroy the very structure that has led the world to the advanced society it has become. The result will be a regression of society back into a barbaric age, which should have been left to the dustbin of history.

Some of the atrocious effects of this program include:

  • Teaching that Muslims pray five times a day, implying that this is acceptable within the school, yet the same school will not let Christians pray, even once a day.
  • Teaches and honors a religion that has their five pillars, though they won’t allow the Ten Commandments to be displayed or spoken of.
  • Teaches support of a religion that dictates both social and political behavior, though they limit that teaching to only the Sunni sect of that religion, the sect that is the primary elements of ISIS/ISIL, but disallow any discussion of the Christian religion or the Judea-Christian moral foundation of our country

It has become abundantly clear that the federal government, under the current administration, supports this effort by requiring such teaching in our schools, and funds that denigration of our educational system.

The Department of Health, Education, and Welfare (HEW) was created in 1953. In 1979, the educational aspect of governmental control of education (that used to belong to the local School Board) was created and named the Department of Education, while the remainder of HEW was renamed the Department of Health and Human Services. It is that Department of Education that now dictates policy (curriculum, including Common Core) and provides the funding for the local schools.

Since the Department of Education is an Administrative Agency under the Executive Branch (the President), we can expect no change in this policy, except possibly getting worse, until January 2017, when a new President will take office.

If the new President chose to change the policy, it would probably not go into effect until the beginning of school in September 2017.

That would leave this school year and the next of total indoctrination of our children into the benefits of Islam as a state religion, and it would be very difficult to undo the mental damage to our children, since it is the parents who willingly send their children to the government schools, telling them that school is where they will be taught what they need to know to get along in life and in America.

This country was a “Great Experiment” in self-government. It has turned into an oligarchy that is not responsive to the will of the people, and often is beyond the ability of Congress, our chosen representatives, to retain control of what they have willingly passed on to the Executive Branch.

If this is to change, and if we are determined not to allow these two school generations to be taught that Islam is great, and then probably vote for Muslims running for office, then we must, as the Founders did, determine to take upon ourselves, regardless of the laws but consistent with the Constitution, the responsibility and the task of removing this cancer from our society. And, that, by any means necessary, with no restrictions.

* * *

The following is the study guide for the Seventh Grade at:

  • Canyon Lake Middle School
  • Lake Elsinore Unified School District
  • Principal: Dr. Preston Perez
  • phone number: 951-244-2123
  • webpage: http://clm.leusd.k12.ca.us

The source for the instructional material:
Society for Visual Education, Inc., 1345 Diversey Parkway, Chicago, Illinois 60614,
or,
Society for Visual Education, Inc., 6677 North Northwest Highway, Chicago, Illinois, 60631
phone: (800) 829-1900; fax number: (800) 624-1678

* * *

The future of this country is now in your hands. If it is to continue as we have believed, and as many have fought and died for, then the call to act is greater than any other time in our history. Contemplation, procrastination, and delay, have become our enemy. The time is now, and the necessity is, again, by whatever means.

It is Time for Grave Concern
It is Time for Action

 

 

R Scan 1

The handwritten portion is the due dates for the various assignments.

 

R Scan 2

Five Pillars of Islam? Where are the Ten Commandments?

Quran & Sunnah (the Word of God &teachings and attributes of Prophet Muhammad)?

What about the Old Testament and the New Testament?

Mecca? A city for only Muslims?

Mosque? What about Church., Temple, and Tabernacle?

 

R Scan 3

Take the time to read the words in the list and see which ones, if any, are and should be a part of a student’s vocabulary.

Also, look at the lack of care in putting this together, for example the absence of a space before the entrees 10, 16-24, 26, 29, 30, 32-34, & 37. It shows a very poor attention to detail by those who wish to indoctrinate our youth.

 

R Scan 4

Well, at least Europe gets a bit of attention.

Why would they want someone to know the routes of the four major Crusades? And, Israel had to be handwritten in — I wonder if someone might get in trouble for that.

 

R Scan 5

Shouldn’t Americans first learn where the Mississippi, Colombia, Ohio, Potomac, and other American rivers are?

Why simply the geography of Islamic nations on untended conquests?

 

R Scan 6

 

This, apparently, is the map that the elements of Page 5 are to be drawn on.

 

R Scan 7

More Muslim geography. Only one European country. However, they fail to suggest that we should keep it that way. And, this whole exercise tends to suggest that they want the United States to, eventually, join the list of Muslim countries.

 

R Scan 8

Now, we have some “fill in the blanks”. Not that “male” is included, however, “female” is not.

 

R Scan 9

Who gives a damn where Islam was first preached?

They ask what countries Islam spread rapidly through, though they fail to ask why it spread rapidly, and how much blood was shed.

 

R Scan 10

Now, they must learn all about Mohammad, but there is nothing about George Washington, Abraham Lincoln, Thomas Jefferson, and the scores of truly phenomenal, peace loving, Americans — that helped form this great country that we live in.

 

R Scan 11

Now, we get into the religious foundation of Islam, in a school that outlaws the Bible.
That should be sufficient to justify burning the school, and some of the teachers and administrators, to the ground.

 

R Scan 12

Now, we have a structure of government under Islam, but the students have yet to learn the structure of government in their own country.

 

R Scan 13

That last question is the real kicker. I wonder what the acceptable answer might be.

 

R Scan 14

Nothing about baptism, but very much about a very foreign, and strange, religion.

It seems that the student is supposed to learn, and perhaps participate in, the five pillars, though neither the Bible, or Christian prayer, are allowed in the school.

It also seems to support only one branch of Islam, the Sunni, since the Shia branch has twelve pillars.

 

R Scan 15

So, conquest, and demonstration of a few basic practices that we have evolved into our more progressed society. They are not, however, demonstrative of something that would not have occurred without Muslims, and are probably more substantially developed than Islam could very have achieved.

 

R Scan 16

Now, we have the Christian persecution of the Muslims, though we simply ignore the fact that the Muslims persecuted not only Christians, but Hindus, Buddhists, most of Africa, by execution, or committing them to slavery — which they still practice.

 

R Scan 17

Now, at least, we see what happened in Europe (Spain, in particular) as a reaction, after the expulsion of the Muslims, to those who were not of the Catholic faith.

Camp Lone Star – The King Can Do No Wrong, or Can He?

Monday, September 14th, 2015

Camp Lone Star – The King Can Do No Wrong, or Can He?

KC Smile

Gary Hunt
Outpost of Freedom
September 13, 2015

At the last hearing, Judge Hanen had told KC’s attorney, Sorola, that the Motion to Dismiss Indictment wasn’t written correctly. That motion had been denied in, which is discussed in Act II – A Kangaroo Court – Scene 1 – How Case Law Subverts the Constitution. Judge Hanen allowed that Sorola might submit a supplemental motion, and said that he was willing to hear a jurisdictional argument. AUSA Hagen was not pleased with the decision; however, dates were set for both the motion and opposition to be submitted to the Court.

Sorola filed his Second Motion to Dismiss Indictment, which “incorporates” the previous Notion to Dismiss. So we will look at what has been entered in support of the jurisdictional aspect of the case.

18 U.S.C. § 922(g)(1) Violates The Tenth Amendment

The Tenth Amendment provides: the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. As this Amendment makes clear, and as the Supreme Court has long-recognized, the federal government is one of enumerated, limited powers. See, e.g., McCulloch v. Maryland. Accordingly, the federal government may act only where the Constitution so authorizes. Cf. New York v. United States, 505 U.S. 144 (1992).

A corollary to this rule is that Congress may not act in areas prohibited to it. As Justice Thomas noted in his concurrence in Printz v. United States, 521 U.S. 898, 937 (1997) (Thomas, J., concurring), the Constitution “places whole areas outside the reach of Congress,” such as the First Amendment’s preventing “Congress from ‘prohibiting the free exercise’ of religion or ‘abridging the freedom of speech.'” Id. Justice Thomas went on to explain that the “Second Amendment similarly appears to contain an express limitation on the government’s authority,” and stated: This Court has not had recent occasion to consider the nature of the substantive right safeguarded by the Second Amendment. If, however, the Second Amendment is read to confer a personal right to “keep and bear arms,” a colorable argument exists that the federal government’s regulatory scheme, at least as it pertains to the purely intrastate sale or possession of firearms, runs afoul of that Amendment’s protections. Although Printz dealt with a successful challenge to the Brady Act’s requirement that state law enforcement officers conduct background checks on prospective handgun purchasers, the logic of Justice Thomas’s reasoning is compelling with respect to § 922(g)(1): the Tenth Amendment limits federal power; the Second Amendment specifically prohibits the federal government from infringing the individual right to bear arms; thus, it surely cannot be constitutional for the federal government to prohibit a person’s purely intrastate possession of firearms.

For the reasons stated above, Mr. Massey respectfully requests that the Court find 922(g)(1) unconstitutional as applied to him and dismiss the pending indictment.

Of course, AUSA Hagen has to answer this Motion, who knows, maybe even his future as a United States Attorney is in jeopardy, since this is a high profile case and Hagen has stated that he has been pressured from above to win this case. However, it appears that Mr. Hagen was not up to answering Sorola’s Motion, so we have a new player, AUSA Jason Corley (the new King), who filed the “Government’s Response” to Massey’s Motion.

Massey’s motion was simply three pages, the above being the substantial portions thereof. However, the Government’s Response was 24 pages. And, as I began reading the Government’s Response, a quote from W. C. Fields popped into my mind:

“If you can’t dazzle them with brilliance, baffle them with bullshit.”

As I continued reading, I realized that the position Corley was taking, he was asserting as if he were King. He has his interpretation of what something means, and there is absolutely no attempt to balance justice with what he believes. This brought to mind another historical quote, most often expressed shortly before the ousting, or abdication, of a King, who refused to abide by the constitution or exercise any semblance of justice. – The King can do no Wrong!

Now, to restrain you from falling asleep or rolling on the floor laughing, I will only address some of the aspects of the government’s argument.

First, we will talk about legal theory, since that seems to be an important consideration on the government’s part. The following, though interspersed through the Motion, are consolidated simply to demonstrate their concern:

  1. Defendant’s motion is not ripe for consideration as a factual matter. Defendant has presented merely a legal theory, namely that “purely” intrastate possession of a firearm cannot be infringed by the federal government of the United States. Defendant has not, however, presented any facts whatsoever let alone “sufficient facts which, if proven, would justify relief.” (page 4)
  2. Defendant now files a motion to dismiss the indictment based solely on a proposed legal theory that “purely” intrastate possession of a firearm by a felon (or presumably any other individual) cannot be regulated or criminalized by the federal government. (page 6)
  3. But this factual issue does not tangentially create a legal dispute on a matter not in controversy, namely an unrelated constitutional theory cloaked as a suppression issue. (page 7)
  4. Article III of the United States Constitution grants the Court authority to adjudicate ‘cases’ or ‘controversies’, not irrelevant and tangential legal theory… Defendant does not have standing to challenge any supposed government regulation or criminalization of “purely” intrastate possession of a firearm. (page 8)
  5. Because Defendant’s second motion to dismiss proposes an irrelevant and tangentially reached legal theory, and because Defendant does not have standing to challenge that issue, the government respectfully requests that the Court deny the motion to dismiss the indictment. (page 8)
  6. Because both legal theory and binding case law are contrary to Defendant’s proposition, the Government respectfully requests that Defendant’s second motion to dismiss be denied. (page 11)
  7. The legal theory postulated by Defendant is just that, a legal theory. Other legal theory supports the proposition that the federal government through an act of Congress may indeed have the authority to criminalize “purely” intrastate possession of a firearm by a felon should Congress make the requisite findings that it is necessary and proper to criminalize possession of a firearm by a felon to promote the general welfare of the American people, insure domestic tranquility, and establish justice. (page 15)

So, let’s look at what he has said. In #1 and #2, he suggests that it is a “legal theory” the “‘purely’ intrastate possession of a firearm cannot be infringed by the federal government”. Well, the Second Amendment notwithstanding, the Commerce Clause is based ” foreign Nations, and among the several States, and with the Indian Tribes”. And, the government has yet to directly control intrastate commerce under the provision.

There is little doubt that the government has tried, by twisted abuse of our language (See Motion to Dismiss Indictment), tried to extent their authority to any firearm that had been in interstate commerce, though, as we will discuss, they change the language when it suits their purpose.

In #3 and #4, he suggests that it is an “unrelated constitutional theory”. In this same document, he cites the Constitution as the authority, as he sees it, as absolute, as if spoken by the King, himself. So, there is no theory allowed on the public side, since only the government side can cite their interpretation of the Constitution as legitimate. This kinda makes you wonder why they even use a pretext of justice when they simply want to imprison someone.

In both #4 and #5, he suggest that it is “irrelevant” that Massey challenge the Indictment because he has no standing, presumably, to defend himself. Once again, the King has spoken.

In 1936, in the Supreme Court decision of Ashwander v. Tennessee Valley Authority (297 US 288), Justice Brandeis, in a separate but concurring decision, provided insight into the evolving role of the United States Supreme Court, wherein he said:

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:

[Rule] 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…”

It was clear that the matter of standing had to do with matters brought to that Court, on certiorari, or error. It did not provide a means whereby a trial on criminal charges, in the lowest court of the federal system, could deny standing to challenge the law or the jurisdiction of the matter upon which one was charged.

In #6 and #7, he tends to give credence to the legal theory by stating that theory and case law are “contrary to [Massey’s] proposition”. However, we must understand that the government proposed another “legal theory”. That “theory” is suggested in the following excerpt:

Were Congress to make the proper findings and act in the interest of the “general Welfare” of the people of the United States, it is theoretically possible Congress could, and theoretically possible Congress does, have the constitutional power to regulate and criminalize all possession of firearms by felons. Congress, however, has not chosen to act pursuant to alternative powers and has instead relied on the Commerce Clause. Because of this, an interstate nexus relating to possession of the firearms is an element of the crime and any challenge the Defendant is raising in regard to “purely” intrastate possession is a factual challenge, not a constitutional one.

Now, this brings us into a whole new world of conjecture. He theorizes that Congress could, do, and does have the power to, criminalize any possession by any felon, anywhere within this (mythical) Kingdom. It has bee clearly established, when Equal Protection was discussed, that if a firearm or ammunition were manufactured in a state, those possessing such firearms and ammunition are not subject to criminal charges, since the firearm and/or ammunition had not entered interstate commerce. So, is Corley suggesting that Congress is too damned stupid to see the loophole that have left for those who live in certain states, or that they are wise enough to know that those living in those states are not the type that the felon in possession law was intended for, regardless of the fact that those with felony convictions are still felons. Or, his the King (government), perhaps, capable of doing wrong?

If his theory were correct, under the “general Welfare” provision of the Constitution, they (Congress) could dictate any, and every, aspect of our lives. Now, there is little doubt that they are slowly creeping in that direction, but AUSA Corley seems to think that we have already arrived.

Moving right along, we find, on page 6 of the Government’s Response:

“Article III of the Constitution grants the Judicial Branch authority to adjudicate ‘Cases’ and ‘Controversies.’ In our system of government, courts have ‘no business’ deciding legal disputes or expounding on law in the absence of such a case or controversy.” Already, LLC v. Nike, Inc. and DaimlerChrysler Corp. v. Cuno. “A controversy is mooted when there are no longer adverse parties with sufficient legal interests to maintain the litigation.” “Accordingly, an actual, live controversy must remain at all stages of federal court proceedings, both at trial and appellate levels.”

Talking about stretching the hell out of an argument, the controversy here is a criminal charge brought by the US government against Massey. It is not a dispute between parties, it is an accusation based upon the misapplication of a statute. Is it even conceivable that someone, especially a highly paid public servant attorney, could deny an accused person of challenging the misrepresentation? Or, can the King (Corley) do no wrong?

Now, I expect that you are getting as bored at reading this as I am at having to wade through it (I do have my boots on), to find the little gems that (if I were a psychiatrist) demonstrate the insanity, or at least the mental instability, of the person who prepared the Government’s Response. Surely, not even the King would allow him to pass the background check, on mental grounds, to own a firearm.

But, there are two more rather interesting point that warrant our attention. Sorola cited McCulloch v. Maryland with reference to “limited powers” of government, according to the Constitution. In what appears to be a DOJ (Department of Justice) boilerplate insert (page 10), he suggests that the limited powers of government have a broad interpretation. From the Government’s Response:

In citing from McCulloch:

This government is acknowledged by all, to be one of enumerated powers.

“But, there is no phrase in the instrument which, like the articles of confederation, excludes incidental or implied powers; and which requires that everything granted shall be expressly and minutely described. Even the Tenth Amendment, which was framed for the purpose of quieting excessive jealousies which had been excited, omits the word ‘expressly,’ and declares only, that the powers ‘not delegated to the United States, nor prohibited to the states, are reserved to the states or the people;’ thus leaving the question, whether the particular power which may become subject of contest, has been delegated to the one government, or prohibited to the other, to depend upon a fair construction of the whole instrument.”

“So with respect to the whole penal code of the United States; whence arises the power to punish, in cases not prescribed by the constitution? All admit, that the government may, legitimately punish any violation of its laws; and yet, this is not among the enumerated powers of congress.”

Then, in Corley’s own words (the King has spoken):

It should come as no surprise then that the Supreme Court ruled in McCulloch v. Maryland that Congress had the power to incorporate a bank despite having no specifically enumerated power to do so. The precedent set nearly two hundred years ago in McCulloch v. Maryland works against Defendant, not for him.

Now, he talks about if not prohibited, and in the case of the matter of McCulloch, dealing with the creation of a bank, there is no prohibition against the government so doing.

But, the “legal theory” presented makes clear that there is a prohibition against the government’s intervention into the right to keep and bear arms, known as the Second Amendment, and the prohibition therein is called “infringement”.

Nowhere does the constitution address the government’s inability to infringe upon the creation of banks. In fact, there is much said about coin and currency, all implying such powers as necessary with regard to banks. So, just how does that work “against the Defendant”?

The second is an effort to conjoin “Militia” and “people”, as expressed in the Second Amendment, as only the “body of the people” (pages 11-13). He cites a “Second Amendment constitutional scholar”, which, apparently, he places the opinion of above the written laws.

If we consider that the framers of the Constitution were far more particular in the choice of words that the AUSA, we can easily dispute the effort to co-join, since they used both “Militia” and “people”. And Congress, surely, is more meticulous than the AUSA, when they enacted the following:

10 U.S.C. § 311: Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are –

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

So, here we have “members of the militia”, who are, clearly, individuals, like people. However, that doesn’t stand as the only element that suggests individuality.

10 U.S.C. § 312: Militia duty: exemptions

(a) The following persons are exempt from militia duty:

(1) The Vice President.

(2) The judicial and executive officers of the United States, the several States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(3) Members of the armed forces, except members who are not on active duty.

(4) Customhouse clerks.

(5) Persons employed by the United States in the transmission of mail.

(6) Workmen employed in armories, arsenals, and naval shipyards of the United States.

(7) Pilots on navigable waters.

(8) Mariners in the sea service of a citizen of, or a merchant in, the United States.

(b) A person who claims exemption because of religious belief is exempt from militia duty in a combatant capacity, if the conscientious holding of that belief is established under such regulations as the President may prescribe. However, such a person is not exempt from militia duty that the President determines to be noncombatant.

Though some are general in nature, others are, without a doubt, applied to individuals of certain character. So, if the “theory” of the AUSA is correct, and whether the Congress wanted to us the “general Welfare” provision, or the Commerce Clause, they would have, if what Corley wants to suggest, surely have included a class of people known as “felons”.

So, I wonder what the King will have to say about the obvious, and rather discomforting, exclusion of “felons” from the most logical source of limitation of the right to bear arms. Is it possible that the King (Congress) can do no wrong, and accordingly, will not “infringe”, except via the “Commerce Clause”?

 

Rule of Law, or, Rule of Man – An Analysis of the Kim Davis Fiasco

Thursday, September 10th, 2015

Rule of Law, or, Rule of Man
An Analysis of the Kim Davis Fiasco

Davis Bunning

Gary Hunt
Outpost of Freedom
September 8, 2015

 

The Supreme Court and States’ Tenth Amendment Rights

The Constitution created a Union. That Union was of the several States, and the Constitution was written to join those States into a confederation, with a federal government that dealt only within the powers and authorities defined in the document. The autonomy of states was assured within the Constitution, though doubts arose as to whether the federal government might attempt to secure more power than was intended and granted to it.

The most significant clarification of that intent was laid out in the Preamble to the Bill of Rights. A preamble sets forth the purpose of a document, and that which was ascribed to the first ten Amendments reads, as follows:

The Preamble To The Bill Of Rights

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States as amendments to the Constitution of the United States, all, or any of which articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

Articles in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

The last two amendments made even more obvious the limited role of the federal government:

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

After the Civil War, a Fourteenth Amendment was ratified (the lawfulness of that ratification may be questioned, though that is not the topic of this article). It stated that no State could “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” However, it was not intended to, nor did early application of that provision even suggest that there was one set of laws that applied to all, and if the states were in agreement over an issue, or each State had addressed an issue, that the issue in question was not one that was subject to federal approval.

The rights protected by the Constitution would have to extend to all citizens, not all people, as was clear by the wording in the Amendment. Those rights, however, were deemed natural rights pertaining to “life, liberty, and property”. They were not rights which would take from one to give to another.

In 1973, a Supreme Court decision demonstrated that the rights of the States, so solidly secured by the Constitution, would no longer be exercised by the States, if the federal government decided that it wanted to bring any aspect of our lives under its wing. This is clearly demonstrated in the decision that expanded the government’s role in abortion, Roe v. Wade, 410 U.S. 113 (1973). The decision defied previously held limitation of authority, was widely accepted by the public, perhaps not fully understood were the ramifications of the expansion of federal powers.

Justice Rehnquist explained the problem and the ramifications in his dissenting opinion, when he wrote:

“To reach its result [the majority opinion], 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. As early as 1821, the first state law dealing directly with abortion was enacted by the Connecticut Legislature. By the time of the adoption of the Fourteenth Amendment in 1868, there were at least 36 laws enacted by state or territorial legislatures limiting abortion. While many States have amended or updated their laws, 21 of the laws on the books in 1868 remain in effect today. Indeed, the Texas statute struck down today was, as the majority notes, first enacted in 1857 and has remained substantially unchanged to the present time.”

“There apparently was no question concerning the validity of this provision or of any of the other state statutes when the Fourteenth Amendment was adopted. 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.”

So, we have seven out of nine justices expanding the power of the federal government; usurping from the States those rights that were retained by them. And, unfortunately, we had a naive public that applauded, or damned, the decision of the Court, not even considering the affect on our Constitution and the rights of the States.

Now, to get to where we are going, we must address another Supreme Court decision, this being made in June 2015, and bears heavily on the current situation regarding Rowan County, Kentucky, County Clerk Kim Davis, who, as of this writing, sits in Rowan County Detention Center (121 Lee Avenue, Morehead, Kentucky), under a Contempt of Court charge.

This charge stems from another Supreme Court decision, decided in June 2015. That case is Obergefell, et al. v. Hodges, Director, Ohio Department of Health, et al., 576 US ___. It was filed “claiming that respondent state officials violate the Fourteenth Amendment by denying them the right to marry or to have marriages lawfully performed in another State given full recognition.” So, by the simple wording in the complaint, “the right to marry”, we have something that was never considered a right, it was always, at best, a religious or civil choice, converted and accepted by the Court to be deemed a right, having nothing to do with “equal protection of the laws.” There is no “protection” in marriage simply the notification that two people, of opposite sexes, are bound together in matrimony. Or, as Noah Webster described it the first American Dictionary (Webster’s 1828), marriage is “the legal union of a man and woman for life,” which served the purposes of “preventing the promiscuous intercourse of the sexes . . . promoting domestic felicity, and . . . securing the maintenance and education of children.” So, is a legalized union to be considered, now, to be a “right”?

The conclusion to the decision reads:

“Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered. The same is true of those who oppose same-sex marriage for other reasons. In turn, those who believe allowing same-sex marriage is proper or indeed essential, whether as a matter of religious conviction or secular belief, may engage those who disagree with their view in an open and searching debate. The Constitution, however, does not permit the State to bar same-sex couples from marriage on the same terms as accorded to couples of the opposite sex.”

So, Kim Davis is free “to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned.” However, “[t]he Constitution… does not permit the State to bar same-sex couples from marriage on the same terms as accorded to couples of the opposite sex.” What kind of double-speak is that? The “right” is a part of the First Amendment. The abomination is the contradiction that the Constitution does not permit. Try as I might, I cannot find that, anywhere.

In an age where the enumerated rights are under fire, we have courts granting rights that were never considered rights, nor were they enumerated, and, if they were rights, the came strictly under the purview of the state.

By definition, this process of expansion of federal power and usurpation of state power is known as the “incorporation doctrine- a constitutional doctrine through which selected provisions of the Bill of Rights are made applicable to the states through the Due Process clause of the Fourteenth Amendment.” So, we must ask which provision of the Bill of Rights is made applicable to the states, or, if the description needs to be updated to “Incorporation Usurpation Doctrine”

To exemplify this overarching expansion of federal authority, we can look to Justice Roberts’s dissenting opinion in Obergefell, where he wrote:

“Petitioners make strong arguments rooted in social policy and considerations of fairness. They contend that same-sex couples should be allowed to affirm their love and commitment through marriage, just like opposite-sex couples. That position has undeniable appeal; over the past six years, voters and legislators in eleven States and the District of Columbia have revised their laws to allow marriage between two people of the same sex.

“But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise “neither force nor will but merely judgment.”

“Although the policy arguments for extending marriage to same-sex couples may be compelling, the legal arguments for requiring such an extension are not. The fundamental right to marry does not include a right to make a State change its definition of marriage. And a State’s decision to maintain the meaning of marriage that has persisted in every culture throughout human history can hardly be called irrational. In short, our Constitution does not enact any one theory of marriage. The people of a State are free to expand marriage to include same-sex couples, or to retain the historic definition.

“This universal definition of marriage as the union of a man and a woman is no historical coincidence. Marriage did not come about as a result of a political movement, discovery, disease, war, religious doctrine, or any other moving force of world history–and certainly not as a result of a prehistoric decision to exclude gays and lesbians. It arose in the nature of things to meet a vital need: ensuring that children are conceived by a mother and father committed to raising them in the stable conditions of a lifelong relationship.

Though our very mobile and fast-paced society has had an effect on the “lifelong relationship”, it has done nothing to warrant an extension of that purpose to achieve marriage, for marriage sake, as a right, rather than the original indentation of providing security for the children (posterity).

Whether we are a Democracy, a Republic, or both, we are, without question, to be a self-governing people. At this time, there are over 300 million people in this country. Of that number, the Center for Disease Control (CDC) reported, in 2013, that only 1.6% of the population was queer (homosexual, both sexes). That is not a minority, it is an insignificant number. And, there is nothing that prohibits them from living as they choose. Those laws have slowly fallen to our modern world, where they are not prosecuted; rather, they are allowed to practice their life-style, without legal penalty. Isn’t it enough that the biblical punishment is no longer inflicted, or are we to allow this insignificant group hold sway over our lives, our morality, and our culture?

Of those 300 million plus, they are represented in their respective state legislatures by hundreds of senators and representatives, chosen by the citizens of those states to enact laws. In no state is the court given the right to enact laws, simply, the “power to say what the law is, not what it should be.” ONLY the representatives of the people, and in accordance with the respective State Constitution make the laws.

Likewise, in the federal government, there are 435 representatives and 100 senators, those, also, elected to represent the will of the people, and enact laws accordingly.

So, we have thousands of the representatives of the people who have enacted laws in accordance with the will of the people, and those laws no longer act unfavorably on the insignificant number. That is what was intended, and that is what should continue to be.

However, we find that a simple majority of nine Justices, yes, just five appointed individuals, not chosen by the people, themselves, have established an apparent right to enact laws contrary to the will of the people and their representatives. That is an oligarchy (rule by a small, select group), and, as you will not find “marriage” in the federal Constitution, you will neither find “oligarchy” as our form of government.

Unless, of course, the people will stand idly by as those robed “oligarchs” continue to expand their authority, destroying our whole concept of self-government.

 

The Road to Contempt of the People

Based upon the Supreme Court’s contradictory decision in Obergefell, et al. v. Hodges, Director, Ohio Department of Health, et al, James Yates, April Miller, and others, filed complaints with the United States District Court, Eastern District of Kentucky, Northern Division at Ashland, against Kim Davis, individually and as County Clerk of Rowan County.

The Complaint by Yates was brought under 42 USC §1983:

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.”

Now, “secured by the Constitution and laws” will be addressed, later on. However, we see that the “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 [Article I, § 8, clause 17].” comes in to play here, notwithstanding the fact that the Constitution and the laws are both supportive of the right of a State to make its own laws, and by the broadest stretch of imagination, does not include marriage, a civil bond.

The Complaint also incorporates a letter from the Governor, Steven L. Beshear, to the “Kentucky County Clerks, dated June 26, 2015. The letter reads, in part:

“As elected officials, each of us has taken an oath to uphold the Constitution of the United States and the Constitution of Kentucky. The Obergefell decision makes plain that the Constitution requires that Kentucky – and all states – must license and recognize the marriages of same-sex couples. Neither your oath nor the Supreme Court dictates what you must believe. But as elected officials, they do prescribe how we must act.”

“Effective today, Kentucky will recognize as valid all same sex marriages performed in other states and in Kentucky. In accordance with my instruction, all executive branch agencies are already working to make any operational changes that will be necessary to implement the Supreme Court decision. Now that same-sex couples are entitled to the issuance of a marriage license, the Department of Libraries and Archives will be sending a gender-neutral form to you today, along with instructions for its use.”

“You should consult with your county attorney on any particular aspects related to the implementation of the Supreme Court’s decision.”

So, the Governor first informs the recipients that they had “taken an oath to uphold the Constitution of the United States and the Constitution of Kentucky.” Then, he provides his solution, whereby “same-sex couples are entitled to the issuance of a marriage license, the Department of Libraries and Archives will be sending a gender-neutral form to you today, along with instructions for its use.”

So, the oath is to the constitutions, and, presumably, the laws made in accordance thereof. And then, he talks about entitlements. What? I suppose he didn’t feel any more comfortable than I do in suggesting that they are “rights”, rather, that queers are “entitled” to a legal bond intended to assure that children are conceived and brought up in a healthy environment.

Finally, he wants to “implement” the Supreme Court decision. So, which constitution provides a directive, or even implies, that a decision must be implemented, if not an enacted law passed in accordance with those constitutions? Does the oath bind them to a Court decision?

The US Constitution provides the authority to enact laws in Article I, § 1, to wit:

“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

“All legislative Powers” means what it says, “All”. Nobody else in the federal government is empowered to make laws. The Court can only rule on the constitutionality of a law. Even without referring to the “Case Law Method”, which has moved the courts away from the Constitution, simply building upon previous decision, without regard to the Constitution, we can see that something is amiss — in violation of the Constitution.

Now, let’s look at the Kentucky Constitution, beginning with the Kentucky Bill of Rights:

Section 2. Absolute and arbitrary power denied. Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.

Section 4. Power inherent in the people – Right to alter, reform, or abolish government. All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, happiness and the protection of property. For the advancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may deem proper.

So, the Kentucky Constitution disallows “[a]bsolute and arbitrary power over the lives [and] liberty” of the people. So, just what about the decision regarding the current case (Yates, Miller, et al) and the charge of Contempt of Court (which will soon be discussed) is not “absolute and arbitrary”?

And, if “[a]ll power is inherent in the people” and “founded on their [people] authority”, how can a judge, at the lowest level of federal courts, make a decision, based upon a decision, though not enacted into law, be used to deprive Kim Davis of her liberty?

The Bill of Rights concludes with:

Section 26. General powers subordinate to Bill of Rights – Laws contrary thereto are void. To guard against transgression of the high powers which we have delegated, We Declare that every thing in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or contrary to this Constitution, shall be void.

Just consider what “inviolate” means.

Now, from the Kentucky Constitution, the Legislative Branch:

Section 29. Legislative power vested in General Assembly. The legislative power shall be vested in a House of Representatives and a Senate, which, together, shall be styled the General Assembly of the Commonwealth of Kentucky.

Section 55. When laws to take effect – Emergency legislation. No act, except general appropriation bills, shall become a law until ninety days after the adjournment of the session at which it was passed, except in cases of emergency, when, by the concurrence of a majority of the members elected to each House of the General Assembly, by a yea and nay vote entered upon their journals, an act may become a law when approved by the Governor; but the reasons for the emergency that justifies this action must be set out at length in the journal of each House.

Section 68. Civil officers liable to impeachment – Judgment – Criminal liability. The Governor and all civil officers shall be liable to impeachment for any misdemeanors in office; but judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, trust or profit under this Commonwealth; but the party convicted shall, nevertheless, be subject and liable to indictment, trial and punishment by law.

So, as in the federal government, “legislative power [enacting laws]” is vested in the General Assembly. Nobody else can make laws.

The Kentucky Constitution makes provision for “emergency legislation”, which, under the circumstances, would have to be done to “implement” the decision, and to protect the County Clerk, who is bound to uphold the laws enacted in accordance with both constitutions. It would appear that Kim Davis suffered in jail because the legislative branch was remiss in their responsibility to the people and the officials of the state.

Finally, absent an impeachment, it would appear that no legal action could be taken against an official of the state. The qualifier, “but the convicted party” would require such impeachment prior to legal action.

However, what we are finding, in this current situation, is that the lowest level judge in the federal system, can, single-handedly, deny an elected official, under the authority of the state Constitution, her liberty.

On September 1, 2015, April Miller filed a Motion to Hold Defendant Kim Davis in Contempt of Court, stating:

“Plaintiffs do not seek to compel Davis’ compliance through incarceration. Since Defendant Davis continues to collect compensation from the Commonwealth for duties she fails to perform, Plaintiffs urge the the [sic] Court to impose financial penalties sufficiently serious and increasingly onerous to compel Davis’ immediate compliance without further delay.

However during a hearing on September 3, Judge David L. Bunning arbitrarily opted to incarcerate Kim Davis, in Contempt of Court. In that hearing, the minute notes show:

“Defendant Davis shall be remanded to the custody of the United States Marshal pending compliance of the Courts Order of August 12, 2015, or until such time as the Court vacates the contempt Order.”

It appears that the Judge opted for jail time in lieu if the requested monetary damages.

Kim Davis was released, on September 8, during the course of preparing this article. An understanding was made that the marriage licenses issued by the County will not bear her name or title, though the will simply say, “Rowan County, Kentucky” at the line for the Clerk/ Deputy Clerk signature.

 

Laws on the books

Many people are claiming that Kim Davis violated the law by not issuing marriage licenses to queers that wanted to be married to each other.

We have all been taught that we are a nation of laws, not a nation of men. So, let’s look at what the responsibility of an elected official is, if their job requires that they obey the law.

First source is the Kentucky Constitution, which, in Section 223A states:

Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.”

Next, we have Kentucky Statutes:

402.005 Definition of marriage. As used and recognized in the law of the Commonwealth, “marriage” refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.”

Well, Kim Davis has taken a position that requires that she uphold the laws. That pretty much settles it from the State side of the matter. But, since it was a federal judge, maybe we need to look at what the federal government has to say.

I find no reference to (marriage” in the Constitution, though I do find the specific reservation in the Tenth Amendment:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

So, we find that since there is no delegation to the federal government, or courts, regarding marriage, in the Constitution, then that authority must be one of those “reserved to the States respectively, or to the people.”

So, does the federal government have anything to say about marriage? Yes, they do; however, it pertains ONLY to “administrative bureaus and agencies of the United States”, and has nothing, at all, to do with licensing (legal permission) for marriage. Clearly, that “right” is reserved to the state.

1 U.S.C. § 7 : Definition of “marriage” and “spouse”

“In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word “marriage” means only a legal union between one man and one woman as husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife.”

So, let’s review the Kim Davis incident. Kim is an elected official, the County Clerk of Rowan County, Kentucky. When she took the position, she also took an oath to uphold the federal and state constitutions and the law of the land.

Both constitutions provide for the legislative bodies (Senate and House of Representatives) to have the sole authority to enact laws. If a judge rules an act unconstitutional, then the legislative body must enact a law consistent with the ruling. That is the only way that it can work. It is not up to the individual to determine what she can, or cannot, do. It is those who have taken the role in government to enact laws, well, to enact laws.

Kim Davis should not be held in contempt of court. If anyone is to be held in contempt of court, it should be those in the legislative bodies that leave on the LAW books laws that are unconstitutional. They are paid far better than Kim Davis is, and their job is to write the laws that she is to enforce. Every member of the state legislature should be willing to sit in jail, in lieu of Kim Davis, for she is the only one that is upholding the law. The same might be said of the Congress, as they, too, recognizing their limited role in the matter of marriage.

As a final thought, Kim Davis has stated that she refused to issue the licenses because of her religious beliefs. Had a law been lawfully enacted that allowed queers to marry, then Kim Davis would have to decide whether she wanted to continue in her job, or not, based upon a law that was properly enacted. To put that in more interesting terms, if any legislative body (not judicial) thinks that they have a right to change a definition this is thousands of year old, based upon the Bible, which defines marriage, then those in that legislative body have placed themselves above God.