STOP stealing our wealth, opportunity and security!

The Orwellian “Bank Secrecy Act” of 1970 forces banks to report large financial transactions to federal agents. As with all “federal” laws, since its passage, requirements have gotten tougher, more expansive, and secretive. For example, the “Suspicious Activity Report” invokes a gag order, and nullifies the already-lowered dollar limit such that any financial activity at all may be secretly monitored by federal agents.
Some might think increasing secrecy, power and spying is good; that it keeps us safe.

But voters make decisions on information that is increasingly missing or proven false. It’s foolish to believe that politicians we claim we don’t trust are honest with us when it comes to programs that actually fund their cronyism; like “civil asset forfeiture” programs.

While few know it, police forces now take more money and property from USA citizens by “civil asset forfeiture” (as opposed to “criminal asset forfeiture,” which requires a conviction) than do all other criminals, combined.

This “forfeiture” at gun point doesn’t require charges of any crime, or any warrant. Increasingly, this is done with foreknowledge of money movement, and taken with devices like the “Electronic Recovery and Access to Data” or ERAD (as in eradicate?) machine.

While all this was initially intended to fight drug trade and terrorism, it is in practice irrelevant to either, and is encouraged to fund police departments.

It is literally armed highway robbery. This “policing for profit” must be stopped, not expanded.

But just last week, US House Rep. Larry Bucshon touted his support of, among other anti-constitutional bills, H.R. 5607, the Enhancing Treasury’s Anti-Terror Tools Act.

ETATTA did not go through regular order, and was rushed to the floor under suspension of the rules. No amendments were considered, debate was limited, and, as usual, few representatives actually read the bill before voting on it.

This carelessness is apparent in the practical force of the law proposed – that in violation of the USA Constitution’s Article I Section I, Article II Section I, Article III Section I, and Amendment IV, bureaucrats in executive agencies are granted even more power to write rules, judge their efficacy and infractions, and at least recommend, and ultimately execute, new actions as already imposed upon Americans as by “civil asset forfeiture,” without warrant, probably cause, or conviction of any crime. Furthermore, ETATTA expands the role of the Treasury’s power of spying and enforcement to non-monetary assets – essentially encompassing all property.

Politicians have blurred the lines between good-guy and bad-guy, dividing us by class and race, imprisoning a higher percentage of citizens than any other nation, and making us less secure and prosperous to boot.

In other words, our government has become what it’s supposed to protect us from.

I have a plan to restore respect for the badge and restore faith in all our important institutions. It’s an already well-respected plan to not only police the police and govern government, but also to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity.

 

Liberty or Bust!

Andrew Horning

Libertarian for 8th District US House of Representatives

How We Fix This Mess

I love talking ideology. But right now, talking about Demorepublicrats, or socialism versus fascism versus libertarianism is like discussing paint colors while your house is on fire.

coming-money-trustForget ideology; that’s not the problem.

CORRUPTION!

Corruption is the problem. Almost everything else is just a symptom of that.

Let’s be clear about what our nation’s “corruption” really is. We have an unconstitutional (illegal) ruling class that’s intentionally violating our most fundamental laws (legal, moral, economic) to fill their pockets though it harms the rest of us.

That’s called crime when any of the rest of us do it.

We can’t determine to what degree and in what ways we’re being harmed because so many  of our rulers systematically and habitually lie to us about everything. So it may not be off the table to include mass murder in the list of crimes.

The unregulated militarized monster we only call “government” is really a crime ring that’s “too big to fail.”

So let’s fix it.

Here’s how:

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1. Stop voting for it! And by “it,” I of course mean the global crony network whose puppets we call The Two Party System. Don’t give this monstrous mob your approval on Election Day. And do NOT, by default, grant its wishes by staying home on Election Day. Anybody left alone and unchallenged with unchecked power for too long becomes corrupt, and almost all of us have been blowing electoral kisses to the same Powers That Be for over a hundred years nonstop. STOP THAT!!
2. Vote against it. Yes, we’re supposed to vote against people. Remember, this is revolt with your vote! When your house is on fire, you need to kill the fire, not swap it for another. So first, fire the crooks! Vote Libertarian, independent, Green…anything or anybody but the Democratic and Republican party puppet show you know to be corrupt!

rememberRemember, even the very best Ds and Rs (and there are some great people in those parties – like Thomas Massie, or Justin Amash, for example) are powerless against this mess.  They cannot fix their party, or the people who control it; and a vote for even these people, is a vote for the crony system they chose to represent.  YOU must vote against all of that!

NoGunOur nation’s founders understood that elections are messy, corrupt and problematic in themselves; so elections’ purpose is very focused – they’re for peaceful revolution. That’s why we vote; so we don’t have to shoot politicians the way our founders did.
YOU!3. Use your vote as a weapon, or somebody else might. Seriously. It actually happens that people who don’t vote often show up voting…even after they’re dead. If you think staying home is a protest, you don’t understand how bad things have gotten.

4. Then, and only then, is a discussion of ideology and ‘isms something better than a time and energy wasting distraction.

In summary: Vote against the Two Party System as though it’s war! Because, of course, it is.

 

…Gun control? Who’re we kidding?

During the slippery slope SCOTUS case, VOISINE ET AL. v. UNITED STATES, Clarence Thomas shocked everyone by asking his first question from bench in ten years:

“Can you give me another area where a misdemeanor suspends a constitutional right?”

He was talking about the 2nd Amendment right to keep and bear arms, of course.

Thomas was right to raise the question, since even though all of our rights have been demoted to conditional privileges, the 2nd Amendment is under special attack these days.

And despite Thomas, our Stalin/Mao/Pol Pot-leaning SCOTUS ultimately decided that, of course a misdemeanor is sufficient to suspend a constitutional right. What isn’t?

I’m not a “gun nut” by any stretch. I love almost every other kind of gadget, device, machine or app. But I’m not a fan of guns. I’m not fond of what they do.

NoGunBut the 2nd Amendment isn’t about guns. It’s about violence, and trust. I hate violence, and I definitely don’t trust politicians with a monopoly on it.  It’s THEIR guns that most need restraint.

But humans, particularly in groups, are very emotional creatures. Where there’s a conflict between fact and feelings, feelings almost always win.

That’s why demagoguery works. That is why nearly all of human history is about oppression, slavery, genocide and war; and why peace, freedom and prosperity are very, very rare, but precious, blips.

…Because it’s not the emotions of love and loyalty and empathy that drive humankind’s political governments.

No, it’s fear, and greed and envy and sloth and…all the evil stuff.

So let’s be real clear on who oppresses, enslaves, commits genocide and war:

Our politicians, under that abstract incantation we call “government.”

It’s politicians – specifically our own politicians, invoking and blaspheming the common good while fanning the flames of all our worst emotions – that take away the freedom that’d be ours if left alone.

This is why human governments have a 100% failure rate. Aside from the obvious violence, they devalue currency, steal across generations, and generally self-destruct.

And it’s why people even consider the catchy but crazy “no fly, no buy” talk in the US Congress.

Yes, The Home of the Brave is terrified; so much so that The Land of The Free is surrendering even more of its tattered freedoms to promises of security from our entrenched, corrupt, arrogant, lying, thieving, heavily armed and violent ruling class.

While there can be some reasonable debate whether more guns mean less crime, or what the 2nd Amendment is really all about, there’s really no denying that gun control laws don’t work as politicians claim they do.

As the gun control debate has been going on for centuries now, there’s plenty of objective evidence demonstrating that, considering that some cultures are just more violent than others, gun control laws are, at best, ineffective. The pro-gun control arguments I’ve ever read or heard so far rely on either post hoc ergo propter hoc or false-choice logical fallacies, or disgorged-from-the-gut emotion. And only the purely emotional arguments for gun control suggest that gun laws would actually work.

No Fly, No Buy is No Different in terms of any promised effects.

I’m not objecting to the No Fly, No Buy marketing campaign just because of that; or because our increasingly militarized empire is pushing for a political monopoly on weapons, or because it’s another example of bureaucrats with too much power. And it’s not just that we beleaguered taxpayers are expected to arm everybody but ourselves.

I’m more concerned with how our political emotions work on the fundamental, psychological and even religious level.

We excuse the deceit, transgenerational theft, corruption and destruction inherent in politics because our fear, hatred and envy lead us pray to the false gods of politics for protection and vengeance. Wise people knew this to be unwise, so we’ve got some very excellent constitutions, state and federal, to keep a leash on our tendency to, for example, sacrifice our children to the whims of state.

But that wisdom has been discarded, and our government is now completely ungoverned. The regulators are unregulated, and the police are unpoliced.

The No-Fly, No-Buy canard isn’t just the abrogation of the enumerated rights to arms and due process; it stomps on the whole point of constitutional rule of law –

That it’s our politicians who need to be restrained…not us!

Our government has always kept secret lists of people, and there’ve been secret, but less-formal no fly lists for decades, enough has been said about the No Fly list as it exists today. The FBI and TSA denied it existed for the first 2.5 years of its now-acknowledged existence, which is plenty to lead us to suspicion about this embarrassment.

But the fear and loathing represented by this list are not only our nation’s recurrent gestalt, it’s what’s been, through the past one hundred years nurturing, fomenting, exacerbating and elevating to godhood a costly military industrial complex and thieving, murderous racket.

I’d recently written about our Middle East Madness; and by now we all know that our own government creates, trains, arms and funds our enemies such that we end up in war against ourselves all over the world.

I’ll wrap this up with some context:
Our militarized police anti-constitutionally/criminally take more property than do all other criminals combined; and you’re 58 times more likely to be killed by cops than by terrorists. But it’s politicians who’ve increasingly put police into their ever-more adversarial role. And as already mentioned above, our politicians lie about pretty much everything all the time. They’ve destroyed their moral authority to issue speeding tickets; they hardly deserve any trust with a secretive, heavily armed, and globally aggressive crony network with control of nuclear weapons and our sources of information, education, food and water.

They created the situation that we feel we must respond to with laws that increase their power, secrecy and unaccountability…at our expense.

I say we run, not walk, in the opposite direction.

Over two thousand years ago Marcus Tullius Cicero said, “The more laws, the less justice.” We know that the “War on Terror” has dramatically increased terrorism. I think facts support the notion that the less politics we tolerate, the more security, prosperity and of course, freedom, we’ll enjoy. So I suggest that instead of more laws, we nullify our way out of this corrupt and complex tangle we’ve made of our nation, and try, at long last, what our wisest founders hoped we’d actually become; a nation where all are equal under law, and where prosperity and security come from liberty, and justice, for all.

Radically Reasonable

Besides the complaints about jobs, money and immigration that now seem ubiquitous on this planet, the Brexit supporters complained about the “unelected bureaucrats” in Brussels who write laws for all of Europe. This ruling cabal of commissioners was called things like, “…overpaid and arrogant, but opaque and unaccountable…”

USA wonks nodded their smug comprehension, apparently thinking that at least we elect our lawmakers on this side of the pond. At least our lawmakers can be fired.

But we don’t fire them. Nor can we; because most of our laws aren’t written by people authorized to write laws. And we didn’t elect them.

And, no, I’m not even talking about the lobbyists who write most of what Congress makes law.

You see, while the “lawmakers” in the US Congress are of course overpaid, arrogant, and almost completely corrupt, they’re practically irrelevant now.

Unelected bureaucrats in innumerable federal agencies (DOE, FDA, FCC, USDA, IRS…) and even private organizations with governing powers like “The Federal Reserve System,” make thirty times as many regulations as does the US Congress, though Article I Section I of the Constitution for the USA restricts all legislative powers to only congress. Even if counting only those regulations that affect USA citizens directly, bureaucrats wrote sixteen times as many laws as did the US Congress.

Some say the rapidly growing regulatory burden amounts to around $15K per year for every USA household. Whatever the actual cost, unregulated regulation is literally criminal, and very destructive to our prosperity, independence, opportunity and of course, freedom.

What’s worse is that these agencies are also, quite unlike our US Congress, heavily armed against us.

They have been granted legislative, judicial, and executive powers (armed with SWAT teams and military gear…the USDA has machine guns! Even the federal DEPARTMENT OF EDUCATION is armed now!!!) without checks and balances, without an electoral accountability, and without any constitutional authority.

And this doesn’t even count the UN

liberty

The Two Party System has to go

So,

I propose we limit lawmaking to only lawmakers, as the constitution demands.

I propose a sunset rule or constitutional amendment – a 10-year expiration date for all non-constitutionally specified agencies, laws, powers and programs to gracefully remove, or at least review for reinstatement, everything that’s not specifically written into the constitution.

I propose a Rule of Law reboot, to affirm that politicians must obey laws too…at last.

I propose we stand down our global military “whack-a-mole” machine, and concentrate on defending our homeland instead of browbeating and manipulating the world.

I propose that our government issue only sound money as constitutionally required, and allow free market trade and monetary alternatives as our constitution also demands (Amendments 9 and 10 in particular).

All this is what we’re supposed to be doing anyway. It’s what many of us think is what’s happening now.

It’s unfortunate that this sane, legal, proven sensibility would be nothing less than a revolution.

What’s fortunate is that it already belongs to us. We need only to choose it on Election Day.

HorningCongress640

This ain’t about religion, folks

I’ve got no idea what was going through Omar Mateen‘s mind when he decided he was a terrorist.  But I do know how people tend to justify anger and violence.  I know that the justifications sometimes become motivation.  And I’m certain that our modern culture of global, politically-inflamed and monetary-policy-fueled violence should be discussed.  

It’s easy to see why people react against “The Religion of Peace,” and why people of that faith want to defend their faith.

But with so much obvious ignorance and disastrously bad policy (have ANY of our government’s promises or justifications for warfare turned out to be true?), we’re past-due for a look at both OUR history, and our allies…including the one that seems off-the-table, taboo, and the Name Never Spoken: Saudi Arabia.

Ibn Taymiyyah, Abd al-Wahhab (1703 – 1792) was a Sunni Muslim cleric who rejected modern culture and technology, and sought to purify and distill Islam to the faith and practices of the Salaf.  In other words, he wanted people to live in the year 700.

This was not a very popular idea among the very many Muslims who liked the advances made in the intervening thousand years.

Putting it more plainly, many wanted him dead. So the cleric sought out the protection of a well-known desert warrior/ emir, Muhammad ibn Saud.

It turned out that Wahhab’s ideas of religious discipline and zeal fit very well with Saud’s ideas of military conquest and political domination. They legitimized each other, in effect; and so they created a dynasty that endures to today.

But this militarized religion in the form of Wahhabism and the House of Saud had pretty powerful enemies within the prevailing Ottoman Empire. So the Ottomans eventually (albeit violently) contained Saudi Arabia’s inherent military expansionist zeal.

Through all this, however, Ottomans and Europeans were also fighting each other. It was mostly the British who started a practice of deceit and division to ally with opposing factions to disrupt the empire.

After the Young Turk Revolution and during WWI is when the young archaeologist T.E. Lawrence was pushed into Britain’s assymetric engagement to bring down the Ottoman Empire.

765px-Lawrence_of_Arabia_Brough_Superior_gifThomas Edward Lawrence, CB DSO FAS, better known as “Lawrence of Arabia,” was an amazing guy; and not just because the multilingual soldier/ archaeologist/ writer liked motorcycles. Mostly, it’s because he was both a key historical figure, and a Cassandric chronicler of our current problems in the Middle East.

During the revolution/fall of the Ottoman Empire, Lawrence tried to help the Egyptian-led Hashemite forces make a stable, peaceful transition to the modern world. But England was, at first unbeknownst to Lawrence, also subsidizing the opposing faction of Muslims in Riyad…the House of Saud.

The people of England have been led in Mesopotamia into a trap from which it will be hard to escape with dignity and honor. They have been tricked into it by a steady withholding of information. The Baghdad communiques are belated, insincere, incomplete. Things have been far worse than we have been told, our administration more bloody and inefficient than the public knows. It is a disgrace to our imperial record, and may soon be too inflamed for any ordinary cure. We are today not far from a disaster.” – “Report on Mesopotamia” The Sunday Times (22 August 1920)  (does this seem familar somehow?)

Lawrence’s axis of Egyptian/Syrian Arabs did most of the real dismantling of the old Empire while the House of Saud/Wahhabis pretty much rebuilt in the background (and certainly avoided the forces helped/led by T.E. Lawrence).

With the increasing importance of oil, and the ready sources of it in his grasp, Abdul-Aziz ibn Abdul-Rahman al Faisal al Saud became more than just a military force.

So the British then did in that conflict what the USA has done ever since…they funded, equipped and aided two sides of a revolution against a third entity, and ended up picking the worst side.

So it was the Wahhabist Saudi faction that gained the real power from the post-revolution/ post-WWI power struggles…because western powers took their side.

To make the long story short, Saudi Arabia became nobody’s friend, but everybody’s ally; especially since FDR signed a deal with the Saudis, and Nixon based the dollar on their oil trade.

Richer by far than the dissipating Rothchilds, as heavily armed as they want to be, and to seal their imperviousness to our domestic production, we just gave the Wahhabis our biggest oil refinery in Port Arthur Texas.

Global imperialism and concomitantly devalued currency wrecked the British Empire, so the USA has now taken on Britain’s role of self-destructing meddler-bully.

We’ve become both puppet and puppeteer, both thug and serf. The middle east is a divided, angry wreck because we made it that way over the past one-hundred years.

What’s next? What would you do if you were a non-Saudi in the Middle East? What should you do as a USA citizen?

Consider what Lawrence wrote as applicable to all of us:

With_Lawrence_in_ArabiaWhether they are fit for independence or not remains to be tried. Merit is no qualification for freedom. Bulgars, Afghans, and Tahitans have it. Freedom is enjoyed when you are so well armed, or so turbulent, or inhabit a country so thorny that the expense of your neighbour’s occupying you is greater than the profit.” – “Letter to the Editor” The Times (22 July 1920)

About Our Guns…

Let’s get some things straight about the 2nd Amendment that have little to do with personal protection or fighting off an ungoverned government:

The USA Constitution‘s Article I, Section 8:15 does grant Congress the rather scary authority, “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.

Many people stop reading here, thinking this grants the federal government essentially total military power and authority over everything, including you; you uppity citizen.

Article I, Section 8:16 further grants Congress authority “To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.”

This is considerable power over militias, but look at the delimiter, “…governing such Part of them as may be employed in the Service of the United States…” (bold is my added emphasis)

That should make us think about what the state constitutions say about the “Part of them” not governed by the feds, but we’ll get to that shortly.

Article I, Section 10:3 provides enough confusion in today’s context that, without the state constitutions, you might get the wrong idea about militias: “No State shall, without the Consent of Congress… keep Troops, or Ships of War in time of Peace …or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
If you can’t “keep Troops” in peace time, how could a state respond to invasion or other imminent danger?

Article II Section 2 should provoke some thought, though: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.

Again, this won’t make proper sense without state constitution context.

So here’s what the Indiana Constitution says.

Let’s first consider the Indiana Constitution‘s Article 2, Section 9:

No person holding a lucrative office or appointment under the United States or under this State is eligible to a seat in the General Assembly; and no person may hold more than one lucrative office at the same time, except as expressly permitted in this Constitution. Offices in the militia to which there is attached no annual salary shall not be deemed lucrative.”

Bear with me a little bit here. This section is intended to prevent conflicts of interest where government employees can write laws directly affecting their salary, benefits, etc. So, actually, lawyers shouldn’t be lawmakers, teachers and firemen and cops shouldn’t be lawmakers. Militia is called out separately, with this: “…to which there is attached no annual salary…” That’s the key bit that becomes relevant later…

Indiana’s Article 5, Section 12 is where things ought to start coming together: “The Governor shall be commander-in-chief of the armed forces, and may call out such forces, to execute the laws, or to suppress insurrection, or to repel invasion.” (again, boldface is my emphasis, but you really ought to be raising your eyebrows at this too. This is even as amended in 1984. This is still law!)

Alright, now that I have your attention, let’s move to Article 12, Section 1 of the Indiana Constitution, which was amended as recently as 1974:

A militia shall be provided and shall consist of all persons over the age of seventeen (17) years, except those persons who may be exempted by the laws of the United States or of this state. The militia may be divided into active and inactive classes and consist of such military organizations as may be provided by law.

YOU!OK, there it is. I’m supposed to be in the militia. So are you. Anybody over 17, unless a conscientious objector or otherwise excluded by law, is the militia. We are constitutionally to be more like Switzerland, where kids learn gun safety early on, and everybody plays a part in the defense of the Canton/County, state and nation.  And we used to be until a little over a hundred years ago. Even more recently, kids still learned gun safety…in public schools!

But now, still, by law, you are supposed to be trained in the use of weapons, as a militia member, including the sort of weapons that’d make Nancy Pelosi scream, as in Indiana’s Article I Section 32, “…for the defense of themselves and the State.”

(This is why, dammit, you have to read both your state and federal constitutions to get the whole picture when it comes to anything having to do with politics.)

There’s more, of course, but I need to get to the point:
We’re not doing any of this at all, and we need to. Pronto.

Without going into how, why or when we became a global empire of fear and aggression, I want to as quickly as possible, and by big steps, nullify this self-destructive mess, and enforce/invoke/do the constitutions, as written; to restore our freedom, prosperity, opportunity, justice and security, for all.

I want to stand down our professional, global, permanent war industry. That would not only reduce the obvious blowback of constantly blowing $#!+ up in other people’s countries, it would make us more secure here at home.

And a lot richer!

We could afford to actually keep the promises we make to our soldiers in both regular and “National Guard” ranks. We’ve currently no way to keep up with the escalating costs of medical care and pensions. Not until we massively cut our global monstrosity of destruction, and return our military to its proper role and structure in national defense. Real national defense.

GunI want kids to learn about both the danger and proper use of weapons. That would not only raise up a nation better able to defend itself, it would also greatly reduce the irresponsible, stupid accidents, and unchecked violence in places like Chicago (where guns are essentially illegal and therefore ubiquitous in all the wrong hands) we now suffer.

And I want our armies out of the control of all the wrong people. You know that our government sold out. If you’re reading this, you probably know a good part of our global weaponry is unleashed in service to our financial sector’s fiat currency scams, the “petrodollar” scheme, the CIA (which I’d like to kill, gut and mount on the wall as a warning to future generations that we must never allow such a thing again) and the military industrialists we were warned about by a dozen USA Presidents.

rememberThere’s nothing civilized about delegating away all our violence and acting like it’s right. The damage we do to our own children’s lives, minds, bodies, careers and family lives, just to soothe our trembling nerves, is both embarrassing, and sin.

Putting this right would be a major part of making our government go legit, at long last, with world peace a possible side effect.
Would that be so bad?
It’s our decision. We can make this next Election Day a peaceful revolution to finally make good on the dreams of 1776. Please think on it.

Kill the Two Party System before it kills us

liberty

Against all my hopes, but as expected, and mostly because there was just no public interest in it, my lawsuit against the crime ring we call the Two Party System was “dismissed with prejudice.”

That means, in legal parlance, “Shut up, go away, and never come back.”

The new judge blathered on about lots of things.  But in practical fact (and only slightly paraphrasing) he said, “nanner nanner; we’re The Powers That Be and you’re nobody.”  Without any public interest in the underlying issue, the judgment is, unfortunately, fact.  People get what they vote for, and fight for; not what they merely say they want.  And one guy’s vote and fight isn’t enough to change anything.

The status quo may once again breathe a sigh of relief that yet another challenge to their crony corruption has been silenced.
Sigh…

But that doesn’t change the fact that the two-headed monster we only think is a two-party system is actually a crime ring.

You know it’s corrupt. But very few understand that it’s operating under illegal, unconstitutional, immoral, destructive and even stupid rules that hurt everybody.

Here is the original complaint. And my final response to the state’s blathering responses is here.

The basic scoop is that our society is divided into two classes of people; the favored corporate entities, and everybody else. Individuals are nobody; corporations and only two political parties have special rights and powers that individuals are denied.

Only MPPs (major political parties, of which, by recent “laws” there can be only two) can have Precinct Committeemen, be on election-related committees, fill vacancies, and in general, run the country. Nobody else, no other party, has such power.

I’m arguing a constitutional case for equal rights among all human beings, regardless of affiliation, class, creed or crony network.

But, really, you should be arguing that too.  Every day.  In every way you can.

Right?

https://wedeclare.wordpress.com/distributioncomplaint/

https://wedeclare.wordpress.com/mysecondresponse/

Published in: on February 13, 2016 at 12:23 am  Comments (5)  

Nullification – It already happens, all the time

To get my vote, I expect two things from any political candidate* at every level of office in the upcoming election:

1. A federal 10th Amendment / Indiana Article I Section 25 view of our constitutions.

2. Nullification of everything else from politics.

Our constitutions have already been effectively nullified by the endless stream of political prohibitions and mandates, subsidies and taxes, regulations and corruption.  I want our constitutions, state and federal, reinstated, by nullifying everything that violates them.

I’ll explain.

“Nullification” as a legal doctrine, is very simply, invalidating a law by ignoring it, ruling against it, or refusing to enforce or obey it.  When states nullify a federal law, it’s often called “interposition,” but that’s just fancy talk.

Among the few who understand their meaning, the words “nullification” and “interposition” have somehow acquired a simultaneously religious, conspiratorial and rebellious meaning.  That is weird, because nullification and interposition happen every day, everywhere in the USA.

If you look up the terms on a legal site or Wikipedia, you will likely read that the practice has never been upheld in court. But that’s bunk-in-action.

Practically all legislation, Executive Orders, bureaucratic rules; practically every high court case and government action at every level nullifies some part of our constitutions, our laws and culture.  Courts nullify legislation all the time…it actually is part of their job.

Sometimes the nullification is subtle and by parts; such as laws restricting the right to weapons, or nationalizing our state militias, which increasingly nullify the Second Amendment and our whole constitutional and social design for peace, sane foreign policy, and self-defense.

Sometimes it’s overt; such as when President Obama and the DOJ nullified the Defense Of Marriage Act in 2011; or when Obama essentially nullified the 2006 Secure Fence Act (I’m not saying it was wrong to do so in either case).  Or when the FCC started regulating the internet in violation of a federal court order (that was wrong). …Or when Kim Davis attempted to nullify both a Judge’s and Governor’s nullification of an Amendent of the Kentucky Constitution which nullified the federal constitution (that was a lot of nullification, and I am saying that Davis was wrong to do it).

Sometimes the nullification is from ignorance.  Who’s read the state constitution, for instance…so how would anybody know when politicians violate it?

Sometimes it is by brute force when a cop nullifies rights literally to death.

Rarely, some smart-Alec citizen invokes a jury’s right to nullify bad laws or bad application of law.  (Juries have tremendous power; though judges never tell jurors that anymore).

However you look at it, and from every level of government, from the citizen on up, nullification happens every single day.

Every Single Day.BWLadyLib

Let that sink in a minute.

 

Every day.

It happens.

All the time.

Everywhere.

Up to now, there’s been a direction to that nullification.

To make governments, bureaucracies, corporations and programs bigger, costlier, more heavily armed and aggressive, more intrusive, more secretive and even more corrupt (though that last part is getting very hard to do), constitutions at both state and federal levels, had to be nullified.

Not all nullification has been bad.  Courts have nullified what used to be the “settled law” of past generations in some good ways.  Slavery exists now mostly in other countries, and the Jim Crow laws are gone, thank God.  But the power the federal government gobbled up in the meantime has been used to heap entirely different evils upon us, such that now, our trans-generational debt/theft machines and their incessant wars are about to cause us horrible grief.

My vote is mine.  I won’t waste it anymore on the status quo mess.  I mean to use my power of peaceful revolution as intended.

So here’s all that I will vote for:

1. A federal 10th Amendment / Indiana Article I Section 25 view of our constitutions.

2. Nullification of everything else from politics!

In other words, I want government to do exactly and only what it’s supposed to do, and otherwise leave us and everybody else alone.  I want politicians out of our lives and wallets and rights as much as humanly possible.  I want a lot LESS from politicians, in summary.

And I won’t vote for any less than that.

 

*Well…OK, the candidate can’t be a Democrat/Republican, but that’s a different story...

 

Technology versus Politics

Technology is marvelous. It tends to make things better, cheaper, more available. It tends to make people happy.

Politics, on the contrary, is the opposite of all the above.  The most exciting, promising technology turns divisive, corrupt, costly and deadly once politicians get their mitts on it.

We should never have let them monkey with our healthcare.  I’ve said so many times in the past (see links below), and I’ll keep saying so until we snap out of our stupor …or it comes crashing down around us (at which point I will say I Told You So).

So, let me offer just one, seemingly minor, even merely clerical reason, why your healthcare sucks.

It’s called ICD-10.

First of all, in my business of healthcare information/image technology, compliance with ICD-10 has been an enormous (i.e. expen$ive) undertaking. There are seven squillion, nine hundred and ninety three fillion codes (give or take) to correlate to software hooks and data. It has made the inherently complex business of making products for patient care even more complex.

The mass of codes and interrelations is certainly a hassle for the engineers making stuff to sell to doctors – presumably to make healthcare providers’ jobs easier (at increa$ed co$t, of cour$e).

But what does ICD-10 mean to doctors, patients and the tangle of insurance companies and taxpayers who ultimately pay for all this complexity?

Well, as of October 1, the wrong code can lead to not only a denied claim and/or months/years of costly hassle, but perhaps significant punishment (on basis of “Medicare Fraud” among other things too legally frightening to mention) for the doctor/institution as well.

Good, you say?

You want fewer mistakes in medicine.

Yes of course.  We all do.

Doctors must do better, certainly.  Prescription drugs, correctly taken, kill more people by far than do “illegal” drugs.  And hospital stays in general (with iatrogenic infections, drugs, mistakes, etc.) kill more Americans than everything but cancer and heart disease.

But what does “do better” mean?  And how do we help make that happen?

And how much arm-twisting, lawsuit-hurling, defrocking, fining and imprisoning force does it take to be helpful??

Let’s see how ICD-10 “helps.”

Let’s say a Farmer Andy comes to the Family Practice clinic with an infected wound that he’s not so sure he can explain. Stuff happens to farmers all the time, and he just can’t remember what this wound was from, initially. He’s always getting bangs and scrapes and cuts, after all.

(And let us be truthful. Andy is a terrible farmer. He’s mostly into quixotic politics)

So, what was the injury initiating this visit?

It’s legally critical we get this right!

Was it ICD-10 code W55.21, “Bitten by a cow,” or W61.33, “Pecked by a chicken?”

Was it when he became a V00.01 “Pedestrian on foot injured in a collision with roller skater?”
Come to think of it, he had been visiting his nephew in prison when that happened, which could add a Y92.147,“Courtyard of prison as the place of occurrence of the external cause.”

Does that qualify as a Z63.1, “Problems in relationship with in-laws?”

Anyway, the doctor knows it wasn’t Y92.253, “Hurt at the Opera,” since Farmer Andy hasn’t gone there since the last episode…(we mustn’t discuss it here.  That would be a violation of HIPAA rules which could lead to a revoked license and even prison).

Farmer Andy did mention (under his breath, seemingly ashamed) that it could have been an “Accident while knitting or crocheting,” which would be a Y93.D1.

The doctor hated to ask, but since he knew Andy and his family had been to Sea World, could Andy have been “Struck by Orca, initial encounter,” which would be a W56.22?

No, said Andy.  It certainly wouldn’t have been a Killer Whale, nor was it a strike.

There was perhaps that bite from a Sea Lion, Andy recalled.  Though it wasn’t the first time, or even the second time that had happened.

So that would be a W56.11XS “Sequela…Bitten by Sea Lion.”

Hmmm, the doctor thought. That would have a very specific look to it.  No; it must be something else.

The wound wouldn’t look like this if it were a V91.07 “Burn due to water-skis on fire,” certainly.  He’d seen plenty of those before.

And the doctor could tell just by looking at him that Farmer Andy hadn’t been “Sucked into jet engine,” or X52.

Or was he getting the codes wrong?

Damn!

Wait…X52 is actually “Prolonged stay in weightless environment.”

Was it V95.40? No…that one is the rather vague, “Unspecified spacecraft accident injuring occupant.”

How about Y37.54?  (Doctor types in code and waits…it’s a big database)

When the doctor worked in the hospital, there was an entire department of people whose only job is to “do coding.”  Here in the clinic, they’ve got a part-time/outside IT department, and sometimes their network bogs down, and…
Oh, here it comes…

Oh heck no!  Y37.54 is “Military operation involving nuclear radiation effects of nuclear weapon.”  SMH, he thought.  He should’ve remembered this one from last week’s incident.

Ah, there it is…V97.33 is the sucked-into-jet-engine code.

Dang it, he has to remember that.  The CMS (Centers for Medicare & Medicaid Services) “ICD-10 Ombudsman” was fairly lenient last time.

He can’t afford to make that mistake again!

OK, I have a question for you.  Does the preceding strike you as the best way to improve healthcare delivery?

No?

Now, codifying data is a great idea.  In the right hands and in the right way, when we’re ready (this is a key part), then having convenient, appropriate labels for all our data makes it easier to store, find, and use in a meaningful way.  And I’m even all in favor of people using ICD-10 exactly as it is…if they choose to.

Let me restate that.

If people trained in the care of patients, in their situation (hospital, clinic, private practice) find that using ICD-10 codes helps them treat patients, then great.  Excellent, even!

But that’s not how our $y$tem work$, is it?  It’s not up to the healthcare professional how things are billed and paid anymore.  It hasn’t been for many years now.  In the most practical $en$e, politicians are more involved in healthcare decisions than doctors are.  Doctors can bill for only what they can get paid for by people other than patients; and that is determined by politicians.  In this case, technology becomes more of a parasite than an aid.

As a true-free-market technology guy, that breaks my heart.

Just imagine you’re trying to sell something; a product you make, your old car, cookies at a bake sale…but bickering politicians, lawyers and lobbyists determined what you could charge for it.  Imagine they demand you buy some things, and don’t let you buy others…and that every political intervention not only directly affects your job…it substantially changes your job.

How would that work out in the real world?

And the way “meaningful use” and other “federal” requirements are being FORCED on healthcare providers is, at this state in our knowledge and technology, madness on top of even more madness (do I even need to mention Obamacare?).

To make matters worse, healthcare has been a union shop/monopoly for over a hundred years.  There can be no serious competition with what politicians and lobbyists call healthcare.

If the rest of our technology worked like this, we’d all be clacking away on Windows 3.1, at best.

There were smart people involved in the development of ICD codes.  Lots of them.  But their seemingly dedicated work was performed in disconnection from monetary, human and practical technology concerns.  It’s another good example, in fact, of such obsessive bureaucratic “paperwork” (albeit mostly without paper), that the recording and processing of all this data can and often does compromise patient care in ways analogous to the Observer Effect.

OK, so I have another question for you.

Should we let doctors, who go to school for many years and spend a lot of time in residency and continuous training, actually do the jobs they were trained to do, or should we continue to vote for ever-more intrusion into that profession by politicians, who don’t need any education or even interest in healthcare at all?

Well, please think on it.

It’s your money, your rights, your life and health at stake here, you know.

https://wedeclare.wordpress.com/2013/10/15/can-politicians-even-define-health-care/

https://wedeclare.wordpress.com/2009/07/28/health-insurance…or-healthcare…choose-one/

https://wedeclare.wordpress.com/2009/09/23/a-short-history-of-health-care-let-doctors-be-doctors/

You wanna talk inequality?

As defined by Ind. Code § 3-5-2-30, there are two extremely unequal classes of citizens in terms of political and electoral rights, powers, privileges and immunities in Indiana:

  1. Those associated with the two private organizations called “Major Political Parties” (Democratic party partisans and Republican party partisans), and,
  2. Everyone else.

This violates the equal protections clause of the USA Constitution’s 14th amendment, “No State shall . . . deny to any person within its jurisdiction the equal protection of the laws.”

So, today I mailed in my $400 check and complaint to the Terre Haute Division of Indiana’s US Southern District Court to seek remedy of this violation of both Indiana and federal constitutions.

Should I win the suit, the benefits would apply to all citizens of Indiana.  After all, the non-MPP-associated citizens now greatly outnumber those who get the special perks and immunities.  Many Hoosiers feel disenfranchised by a system they know to be corrupt and sold-out and bought-off long ago.  Many have stopped voting, and worse, stopped caring.  Most feel pretty helpless.  An increasing number are talking violence (which is pretty stupid talk if they won’t even change the way they vote!).

This is so unnecessary…

Attached is a public-distribution version of the complaint as sent to the US Southern District Court, Terre Haute Division.

Please start talking about the horrible, criminal, unsustainably bad political corruption we suffer.  Talk about this case, and everything that relates to the sellout of our nation by politicians and their owners who feel no pressure to change anything.

Remember; while our so-called approval ratings of politicians have dropped to an all-time low, incumbent reelection rates have risen to all-time highs.  It’s stupid to say we hate this mess with our mouths; then say we love it with our votes!

BWLadyLibThere is only one poll politicians and their operators care about, after all; and that’s the one on Election Day, when We The People foolishly keep reelecting and reelecting the same !@#$ crony system, same incumbent politicians and parties, over and over without any electoral clue that we’re upset about anything.

And courts are much more swayed by public mood than by law.  We need to change our sheepish, fuzzy-headed, misinformed and yet divided-against-ourselves mood.

Get madat the right people!

Write letters to the editor, break taboos, talk about it with acquaintances, express it in interpretive dance and music…we must get the message out that we have bigger problems than deflated footballs and absurd POTUS candidates…and that we can fix this one.

https://wedeclare.files.wordpress.com/2015/09/public-post-complaint.pdf
https://wedeclare.wordpress.com/2015/05/18/your-government-is-corrupt-very-very-corrupt/
https://wedeclare.files.wordpress.com/2014/03/two-party-system.pdf 

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