Wanted: A Lawyer to Save the Law

From Indiana Policy Review Foundation:

Horning: Help me file a complaint against both political parties

Editor’s Note: The author, an adjunct scholar, is appealing for legal help in filing a pro se complaint challenging the Republican and Democrat parties. His complaint draft can be reviewed here.

by Andy Horning

George Washington’s warned us about political parties. Andrew Jackson waged war on the “den of vipers” central bankers. Woodrow Wilson described the “worst ruled, one of the most completely controlled and dominated governments in the civilized world.” Dwight Eisenhower revealed a “military industrial complex.”

Even today’s politicians scold us about political corruption. Yet here we are with a government that’s embarrassingly, destructively, violently corrupt. It’s danged peculiar we all talk like we know it and then vote as if we don’t.

So I propose we make some changes. I intend to directly attack the monopolistic cartel we call the Two-Party System — a system based upon special deals for special people, and those special people have built amazing defenses against us regular folks.

To make those changes I will need help. For despite the Indiana Constitution’s clear mandate in Article I Section 12 that “Justice shall be administered freely, and without purchase;” or the First Amendments’ unequivocal right to petition the government for a redress of grievances, our taxes do not pay for justice.

Sure, they pay for courts, lawyers and judges and such, not to mention professional sports, abortions in China, investments by Puerto Ricans and studying the gambling habits of monkeys. But your day in court? You pay through the nose for that.

For example, you’re not allowed to represent yourself in certain kinds of cases, one being a class-action suit that I’d like to press. And lawyers who would take such a case cost more money than any 100 of us 99 percenters could ever afford. That’s firewall #1 of “the system.”

Therefore, I can only bring suit on behalf of myself. And because there are special Latinate incantations for everything, including representing yourself, I would be precariously pro seThat still costs a lot of money, of course, and if I don’t fill out my forms correctly, or if I misspell Suvoir Dire, my case could be, ab irato, dismissed with prejudice, res judicata, with collateral estoppel, and absolutum dominium ad infinitum. I’d never even see the courtroom. That’s firewall #2.

And to whom would I be making this appeal? People who make their living off of all the division and discord created by corruption; people who are elite members of the private clubs we call the Democratic and Republican parties; people who have no desire to see me win my case and every reason to make me lose it. That’s firewall #3.

Finally, even the best, most fair-minded judges would understand that I’m seeking a huge structural, systematic change to our society and would be fearful of repercussions from making a correct, constitutional, fair judgment. What I’m asking, you see, would fundamentally change the way the United States works. That is firewall #4 (with an alligator-infested moat).

If I would make it to court, after breaching the various obstacles of legal discovery and more paperwork, it could end up costing me even more should the judge invoke lex talionis and make me pay all legal fees plus any pain and suffering I might cause the rich and mighty.

So, again, I could use some help. There are lawyers who are interested in true justice and hate corruption. There are people who have successfully fought “the system.” There are those who could support this project in innumerable ways. If you are one of them, please contact me here.

Euphemysticism, and other Almighty Powers

I’m not sure if this post is ideological or not.  It is, most definitely, about corruptionpolitical corruption of a very dangerous, Orwellian sort, in fact.  So I’m not exactly breaking my promise to shut up about everything but political corruption.  And given the related and recent hyperventilation over the “confederate flag,” “gay marriage,” forcing bakers to bake against their will or lose everything, politicized and thus corrupted “science” (what the #@!! Is “settled science?”) …or how about our seemingly enforced silence over ongoing slavery around the world, our native American genocide, or our endless wars, imprisonments and uncivil militarization here at home…I absolutely have to say the following; if for no other reason than to vent or explode.

First, I need to assert, as I’ve done in the past, that I am, and have been for quite a while now, a progressive liberal.

“Progressive” as in “progress,” from the Latin progressus – to move forward as opposed to backward; and “liberal” from the Latin liberalis – liberty, bountiful, befitting a free man.

People like John Locke described “Liberalism,” like “libertarian” and “liberation,” as freedom from political oppression, and as the right to life and property; as opposed to the Divine Right of Kings.  To liberals of even as recently as a century ago, liberalism was advanced through the Rule of Law, which meant that nobody, including the King, was above a uniform, equal application of law.  All (meaning all humans) were to be treated as equals under law.  No special categories or classes whatsoever.

That was liberalism, back then.

Also back then, “Progressivism,” to people like Immanuel Kant, for example, was movement away from barbaric authoritarianism, and toward peace and technological progress.  Moving forward meant moving away from almighty government and its tribal-drum-beating conformists.  Experimentation and progress requires freedom, you know.  So “Progressive” and “Liberal” really went together very nicely back then.

Back in those days, “conservatives,” on the other hand, rejected notions of classless individualism and egalitarianism, and promoted hierarchy under a distinct ruling class; and probably hereditary at that.

So, where are we?  We have hereditary rulers, practically speaking.  We definitely have a ruling class we’ve empowered over almost every physical aspect of our lives; even allowing them to determine the value of our currency.  You and I have no “rights” they cannot seize for any number of political whims.  “The Patriot Act,” and other similar euphemysticism, is all about gutting the rule of law and everything our founders, Locke and Kant were all about.  With something cynically deemed “historic” every day now (literally historic, as in regressing to pre-Hammurabic barbarism), we’ve become lock-stepping, militarized, book-burning fascists.

I do not use that word “fascist” lightly or without cause.  Look up how Mussolini defined his corporatist variation of socialism, and you’ll see that the USA is and has been for some time, fascist.  Mussolini himself declared FDR a fine fascist.

I wish I were making that up.

But since Republicans like Teddy Roosevelt started a “Progressive Movement” in the USA, this is what “Progressive Liberal” in modern parlance has become.

In other words, our use of those labels has almost completely flipped.  I say “almost” because “conservatism” now means close to the same thing as it did before; which is to say it means the same thing as “progressive liberal” does today.

In other words, what we now call “liberal,” “progressive,” “conservative,” “Democratic” or “Republican all means stone-age authoritarianism, self-aggrandizing tribalism, misguided technology, and perverted “science.”  The supposed opposition of the various factions are based upon false dichotomies that work very well to manipulate y’all (our language’s only distinct second-person personal pronoun) and distract you from the massive corruption that’s lining the rulers’ pockets and consolidating their power.

Words are important.  Words start and end wars.  Words are laws and contracts.  Words can bring tears of happiness, or pain.  How we use words can wound or heal or kill or repair.  Words can enslave, and words can set free.

I think it’s time we reclaim our language.  We must start using our ears to hear and our minds to discern (I used to be able to say, “discriminate,” but that word has recently changed too).

And, dammit, we must speak truth to power.

I, for one, intend to use words properly.  I am a true Progressive Liberal.  And I’m hoping that all who see the corruption and violence we call “government” as a threat, and who seek peace, justice (real justice), equality (real equality) and freedom (yeah, real freedom), will also reclaim that once-honorable moniker.

And now for something that’s very “politically incorrect.”

We need to start shaming people.

It’s already happening from the other side, of course.  They try to shame us for believing truth, speaking truth, or being human.  More than shame us, they invoke the heavily armed might of armies, jails, cops and fines to force their politifaith upon us.

It’s time we shame them for their lies, their absurd, violent, thieving and self-destructive madness.  They nullify our laws, our history, our culture.  Let’s nullify their lawlessness, amoral fantasies and oppressive self-indulgence.

We have allowed too much intrusion on life, liberty, contracts and property.

So, shame on those who put their faith in politics as some benevolent god.  Shame, shame on those who still intend to vote for this monstrous “Two Party System” puppet show.  And shame on those whose Newspeak has made wrong right and right wrong, as nearly all of us goosestep to the precipice.

In one way or another (and I’m hoping we use the peaceful means our founders bequeathed us), what we need is another 1776 to move us forward from all this horrendous, death-spiralling, 1984.

Let’s Clean Up our Mess

In an OP-ED for Indiana Policy Review I lay out the steps to clean up our mess:

  1. End the duopoly.
  2. Drive away the moneychangers.
  3. Stand down the Empire.

Nearly all of what we call “issues” — the unraveling economy, a ridiculous healthcare system, rising prices, even militarized police and the Islamic State of Iraq and Syria — are just symptoms and side effects of a much worse problem.

It makes all our talk of ideology, libertarian versus authoritarian, or even “left” versus “right,” whatever those mean anymore, not just irrelevant but a costly distraction. The problem is corruption; we have a crony-network-crime-ring running the nation and much of the world. Here is what can be done about it in three steps:

First, take away the unconstitutional special powers and immunities seized by the private clubs called the Democratic and Republican parties. We shouldn’t have parties at all, really. Equality under law is fundamental justice, and mandated by Indiana Constitution’s Article I, Section 23. So let’s defrock these charlatans and thieves. Let independents and third parties have equal rights to election-related commissions and ballots. End primary elections, which implicitly provide more money, public attention, free advertising and media promotion to only Democrats and Republicans at the actual expense of all alternatives. End the special powers and immunities of precinct committeemen, which only Democratic and Republican parties are allowed. In case you think that having written special powers and privileges into Indiana Code make the self-appointed “major” political parties legit, Indiana Constitution’s Article I, Section 25 makes it clear that legislation cannot transgress the constitution. Read it; much like the U.S. Constitution’s Tenth Amendment, it’s the single most important sentence in Indiana Law.

Second, kill central banking. Yes, audit the Federal Reserve Bank system, repudiate unconstitutional/illegal debts and otherwise clean up the mess. Andrew Jackson was right —  moneychangers are inherently “…a den of vipers and thieves…” and we must rout them out. Sound money is critical to freedom, so ending the accounting tricks and thieving traps of central banks is the single most important step. That’s why it’s constitutionally mandated by the Indiana Constitution’s Article 11 Sections 3 and 7, as well as the U.S. Constitution’s Article I Section 10. But it’s highly unlikely we’ll be able to address the bankers until we take away their two-party puppet show diversions. Look at the campaign donations from the financial sector and you’ll see why this is step two.

Third, stand down the Empire. Our fear-aggression syndrome isn’t just costly and destructive, it makes us less secure, less prosperous, and certainly less free. Not only have all our wars since WWII been unconstitutional but the actual design of our military has been unconstitutional since 1903 by the federal constitution’s Article I Sections 8 and 10, Article II Section 2, the Second and Fifth Amendments, as well as Indiana’s Article 2 Section 9, and Article 12 (the whole thing). This also should be done immediately, but it’s unlikely that most people will see just how bad it has become (and how right Dwight Eisenhower was about it) until we unmask this monster by taking away that crony-network-crime-ring. Also, look at the campaign donations from the military-industrialist sector. Look at how no state of sustained warfare can exist without debt-based fiat currency. You’ll see why this is step three.

Joe Biden, proving that even a broken clock is right twice a day, said: “Fighting corruption is not just good governance. It’s self-defense. It’s patriotism.” Very well, let’s make 2016 the year we do that right.

Immigration or invasion?

I wrote this five years ago.  Immigration isn’t the issue du jour at present, but just wait…we haven’t fixed anything yet.

Laws are words; let’s get them straight. “Immigration” is when somebody lawfully moves from one place to another. “Illegal aliens” are those who cross borders in violation of laws. Tens of millions of illegal aliens are called an “invasion.” When invasion goes on for decades while we wait for federal action, it’s called stupid.

This July 4, let us be reminded that a truly federal government is allowed only a few powers. Each state is otherwise just as sovereign as other states around the world such as France or China. Article 4, Section 16 of the Indiana Constitution reserves for the Indiana legislature all necessary powers of “a free and independent state.” Article 5, Section 12 says, “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.” Most people have no idea that states legally have so much might.

The U.S. Constitution’s Article I, Section 8 grants the U.S. Congress power, “To establish an uniform Rule of Naturalization.” The 14th Amendment to that contract says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside,” because through the War Between the States it was assumed that each state had the right to determine who had rights of citizenship and who didn’t. Of course, the proviso, “ . . . and subject to the jurisdiction thereof” means that some are not subject to the jurisdiction of the United States; but the U.S. Constitution says nothing else about aliens, other than they can’t hold federal office.

Article I, Section 10 details the powers prohibited from the states, yet nothing limits any state’s authority over illegal aliens within its borders. In fact, this section’s prohibition against states declaring war is restrained by, “ . . . unless actually invaded, or in such imminent Danger as will not admit of delay.” Arizona’s S.B. 1070 has made news, but in fact Article II, Section 35 of the Arizona Constitution already specifically denies illegal aliens citizen rights. Article XVIII, Section 10 actually denies illegal aliens any employment rights.

So, by the existing laws (paying special attention to the federal 10th Amendment), states already have both the authority and power to maintain constitutional rights and order within their borders. No new laws, no new powers are needed.

That said, our illegal alien problems aren’t about illegal aliens, their crimes or even the Reconquista nationalism of many.* Our problems are more fundamentally with socialism.

Even without its inevitable corruption and political oppression, socialism makes each citizen pay for others’ lifestyles, accidents, schooling and healthcare. The collectivist hooks we stick into each other, even with the best of intentions, will tend to make us want our fellows to stay out of our wallets, cough up money from theirs, and die quickly, before retirement.

The hooks make us care about what others eat, drink or smoke. Hooks make us care about who others date, how others live and what others can and cannot own. Socialism is inherently, demonstrably, antisocial.

The whole point of our constitutions is to prohibit this cold, jealous existence, thank God.

Your government is corrupt. Very, very corrupt.

coming-money-trustWe all know it to at least some degree.

I suppose we don’t react to it in any useful way because it has happened gradually, over several generations, in a sort of frog-in-the-cookpot scenario.  And maybe we just can’t picture anything better than what we’ve suffered all our lives.

But I don’t know why we even talk about ideology or “issues” until we deal with this:  The private clubs called the Democratic and Republican Parties are:

  1. Corrupt organizations operating illegally, as I’ll substantiate below.  They are crime rings enabling and fronting more crime rings.
  2. Owned by pretty much the same people. The small variation in owner pools (a few seemingly opposing corporations, unions, and “special interest groups”) don’t make any difference in political reality, because the major shareholder of both parties are the same bankers, military industrialists and energy, transportation and debt services companies.

Let’s end the charade. The thieving, deadly game of false dichotomies we call “The Two Party System” should be revealed for what it is…a sock-puppet show that distracts us from the real behind-the-scenes truth that our government is a crony crime network.   Their modus operandi and stock in trade is division and conflict; categorizing people and then setting us against each other; both here and everywhere on earth.  And this isn’t petty crime.  No other gangs on earth steal so much or kill so many.  This isn’t tin-foil-hat hyperbole.  It’s fact.  Let’s stop acting like it’s not.

Realistically, there are no other issues worth discussing until we deal with this one.  All other serious problems are just symptoms of a government gone very bad.  …And very well-armed against us.

A dozen Presidents warned us about the people who have made the world their ATM and battle ground.  But over generations, the factions controlling our government have become ever bolder in their violations of written, practical and moral laws.

Just to banish any possibility of doubt about the preceding:

Special privileges and powers granted to a class of citizens called a “major political party,” as defined and implemented in Indiana, are of course illegal by the Indiana Constitution’s Article I, Section 23:

The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.”

Here is a small sampling of special privileges and immunities just here in Indiana:

By creating arbitrary thresholds (Ind. Code § 3-10-1-2) that suppress all other candidates and political organizations, they have granted themselves taxpayer funded primary elections, which implicitly provide more money, public attention, free advertising and media promotion to only Democrats and Republicans at the actual expense of all alternatives.

Ind. Code § 6-4.1-4 specifies that members of the Indiana Election Commission “must be a member of a major political party.”  And Ind. Code § 6-4.1-4 grants that only “the state chairman of the major political party” has powers of nomination and appointments for succeeding terms.  Only designees “of the state chairman of each of the major political parties” shall “serve as members of the state recount commission.” (Ind. Code § 3-12-10-2.1)

Ind. Code § 3-10-1-4 grants only major political parties privileges of organization (precinct committeeman are a special class of citizen who have special powers [example, Ind. Code § 3-13-1-4, 5, 6], yet aren’t subject to the limitations placed on other political officeholders [Ind. Code § 3-6-1-15]) and process for nomination to public office and filling vacancies (e.g., Ind. Code § 3-13-5, 6).

Ind. Code § 3-8-2-2.5 imposes requirements and limitations upon write-in candidates – (b) 4: “The candidate may not claim affiliation with any political party described by IC 3-8-4-1.” “(e) A person may not be a write-in candidate in a contest for nomination or for election to a political party office.”

Ind. Code § 3-10-1-4.6 applies to only precinct committeemen elected by the Indiana Republican Party.

Ind. Code § 3-10-1-15 sets apart a separate ticket for “each political party holding a primary election” making all alternative candidates inconspicuous to voters.

In case you think that writing words into Indiana Code can make anything legit, Indiana Constitution’s Article I, Section 25 makes it clear that legislation cannot transgress the constitution:

“No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.”

As far as the corruption goes, the evidence is everywhere.  The correlation between campaign donations (business investments that pay multi-thousand-percent dividends) and legislation, the revolving door between regulators and the regulated, the hand-in-glove relationship between lobbyists and lawmaking, the insider trading that’s illegal everywhere but in the halls of power, the obvious payola, pork and conflicts of interest are so well documented by both “left” and “right” media as to be the most universally known and completely inexcusable part of this problem.

It’s not just academics, advocacy groups, bloggers, wonks and journalists who’ve told us about corruption.  Our own US Presidents, from the very first one, tried to clue us in.  President George Washington warned us against not just the existence of political parties, but also the entrenched corruption that invariably sprouts from such tribalism.  In 1834 Andrew Jackson called Central Banks, “… a den of vipers and thieves. I have determined to rout you out, and by the Eternal, I will rout you out!”  In 1912, after decades of rising cronyism, President Woodrow Wilson wrote that, “… we have come to be one of the worst ruled, one of the most completely controlled and dominated governments in the civilized world.”  In 1961, President Eisenhower warned us against “…the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.”

We should have heeded the warnings.  We should have noticed when the warnings stopped.

Personally, I don’t care what politicians do on their free time and with their own money.  They can have affairs with every sort of willing creature(s), and snort all the coke that Marion Barry missed, and I won’t care a whit.

But all the stealing and defrauding and needless, groundless war has got to stop.

Come on…we know this one.  Our government, from the Precinct Committeeman who gets special business contracts and a summer job for his son on the DOT, to the bankers who own and operate most of the world, is corrupt from stem to stern, from keel to crow’s nest.

So let’s fix it.

There are two parts to this:

  1. Recognizing how we got here.
  1. Going somewhere else.

I worded that in just that way for a reason.  We got to where we are because it’s where people usually go.  And in the case of the USA and its democratic elections, we didn’t just fall into humanity’s default state of corrupt government, we voluntarily chose it, kept choosing it (with a >90% reelection rate).
And, if I can believe my ears and eyes, will likely choose it again in 2016.

Of course I hope I’m wrong about that last part.

So…

  1. We have to change ourselves. Our choices must change.  Our actions must change.  We must do our homework before we vote, after we vote, and whenever we feel like caring about our lives, liberties and property.  We can stop voting for the same people and parties that we know are corrupt.  We can vote for alternatives that, up to now, have been getting only single-digit support.
  1. And to do that, I think we need to imagine a better way to live. We need to stop putting so crazy-much trust in politicians, and show a little skepticism with their promises.  We need to see more ways to do things through the free market (look up what this really is if you think the Free Market is the bad guy…we have crony capitalism, not free markets).  If we can picture a better life, we can choose it.  If we choose it, we’ll get it.

This last part is critical.  Simply voting for alternative candidates won’t fix a thing because it’s fixing the wrong thing.  First, comes us.  We must change our hearts and minds.  We must develop a picture of how we should live, and then, dammit, choose that life!

I shouldn’t have to prove that constitutional rule of law under our existing state and federal constitutions as written would be a great start.  I’ve been trying to prove it for decades now (to little effect).  But ultimately, nobody can make you read the constitutions or choose wisely.  That has to come from you.

I’m hoping that what I’m offering here is a first step in recognizing that we have a terrible, terrible problem.

And I’m hoping you know that it’s in your power to fix it.  If we could get more people to see only that, we could be on the path to a better future…as opposed to the more usual cataclysm…which, I hope you can see, is just around the corner.

Liberty or Bust!

Indiana’s embarrassing tribalism

Like everything Democrat v Republican, the Orwellian-styled legal effluvium known as “Religious Freedom Restoration” has become its own religion, with priests and heretics, idolaters and zealous enemies pro and con.  So, once again, the self-appointed Two Party System has you arbitrarily separated into two opposing partisan tribes, feuding against each other needlessly, in our apparently endless game of Enemy Du Jour Whack-A-Mole.

This is stupid, destructive, and, of course, unconstitutional.

Unless you actually read the text of the law, you are deceived by the profusion of political rhetoric.  If you do read the law and still think it’s what the combatants, pro and con, say it is, you are self-deceived.

Let’s take this step by step, shall we?

First, did anybody amend the Indiana Constitution’s Article I Sections 1-5, where people are acknowledged to have religious rights surpassing any government power?

No.

So why do these enumerated rights need restoration?  Who took away these rights?  From whom do they need to be restored if politicians were to keep their mitts off these freedoms?

Why do we think this law is necessary?

Because no politician in Indiana is keeping her/his oath of office, that’s why.

Nobody is affirming constitutional rights over the plethora of contradictory, divisive, cliquish and corrupt laws that, according to the Indiana Constitution’s Article I Section 25, (and as clarified by the federal constitution’s 9th and 10th amendments) are null and void anyway.

Nobody is doing the constitutions.  Not politicians, and certainly not voters who can’ be bothered with such things when there’s always something more entertaining going on.

I shouldn’t have to go any further than that.

But let’s look at the law itself now:

Sec. 6. As used in this chapter, “governmental entity” includes the whole or any part of a branch, department, agency, instrumentality, official, or other individual or entity acting under color of law of any of the following: (1) State government. (2) A political subdivision (as defined in IC 36-1-2-13). (3) An instrumentality of a governmental entity described in subdivision(1) or (2), including a state educational institution, a body politic, a body corporate and politic, or any other similar entity established by law.”

Pay attention to the preceding definition of applicable governmental entity.  It basically grants that all agents of our current government, including bureaucrats, teachers, or anybody under political whim, has authority under this law.  For the purposes of this law (you’ve got to read it), that is unconstitutionally granting that non-executives have executive power, and non-judicial folk have judicial powers, since this law grants (as you will see) broad powers of judgment and action to governmental entities to “burden” your rights.

Sec. 7. As used in this chapter, “person” includes the following: (1) An individual. (2) An organization, a religious society, a church, a body of communicants, or a group organized and operated primarily for religious purposes. (3) A partnership, a limited liability company, a corporation, a company, a firm, a society, a joint-stock company, an unincorporated association, or another entity that: (A) may sue and be sued; and (B) exercises practices that are compelled or limited by a system of religious belief held by: (i) an individual; or (ii) the individuals; who have control and substantial ownership of the entity, regardless of whether the entity is organized and operated for profit or nonprofit purposes.”

Note the corporate person fiction.  Corporations, including churches under 501c3, are already under political authority as they, unlike actual living people, are government-created abstractions.  Grouping actual humans into this should warn you that this law evokes all the usual corruption.  But most people don’t get this, and that is another topic for another day, so I’ll move on to the more actionable words:

Sec. 8. (a) Except as provided in subsection (b), a governmental entity may not substantially burden a person’s exercise of religion, even if the burden results from a rule of general applicability. (b) A governmental entity may substantially burden a person’s exercise of religion only if the governmental entity demonstrates that application of the burden to the person: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.

Sec. 9. A person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, by a violation of this chapter may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state or any other governmental entity is a party to the proceeding. If the relevant governmental entity is not a party to the proceeding, the governmental entity has an unconditional right to intervene in order to respond to the person’s invocation of this chapter.

Sec. 10. (a) If a court or other tribunal in which a violation of this chapter is asserted in conformity with section 9 of this chapter determines that: (1) the person’s exercise of religion has been substantially burdened, or is likely to be substantially burdened; and (2) the governmental entity imposing the burden has not demonstrated that application of the burden to the person: (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest; the court or other tribunal shall allow a defense against any party and shall grant appropriate relief against the governmental entity. (b) Relief against the governmental entity may include any of the following: (1) Declaratory relief or an injunction or mandate that prevents, restrains, corrects, or abates the violation of this chapter. (2) Compensatory damages. (c) In the appropriate case, the court or other tribunal also may award all or part of the costs of litigation, including reasonable attorney’s fees, to a person that prevails against the governmental entity under this chapter.”

Here’s where the rubber meets the road.  Read the whole section above and see how, “A governmental entity may substantially burden a person’s exercise of religion only if…” …it wants to.

Do you not see what happens here?  Read the Indiana Constitution’s Article I Section 25.  Try to find anywhere in that constitution where politicians should have any authority to write a law that in any way “burden a person’s” rights, either enumerated or not.  That’s not how the constitutions, state and federal, are supposed to work…at all!

We The People are supposed to be the boss of government, not the other way around!

Boiling down what the law actually says:

The state itself can’t oppose your rights…unless it wants to.  The state may back you up in court…or not.  The state is who the state says it is, and it decides whether its motives and actions are right, or not.

Does this comfort you?

It never affirms anybody’s rights in any way at all.  It never grants that you can do business as you see fit.  It never says that nobody will make you sell when you don’t want to sell.  It never says the state can’t force you to compromise your religious beliefs in action. 

To the contrary…it says very clearly that the state may well oppose you in all the above.

So, my dear fellow mortal human sinners…we’ve screwed up again.  We’ve again given everything unto Caesar.

Cheerful Optimism! Yay!

It’s been twenty years, but I’ve finally taken to heart all the criticisms of my political pessimism.  It clearly does no good to be a “downer,” or “too negative” anyway.  So, as the keystone to this year’s New Year’s resolutions, I’m presenting a more optimistic face to the world.

After all, there can surely never be another dictator like Mao Zedong, Joseph Stalin, or Adolf Hitler to spoil our natural state of freedom.  How could humanity ever again produce somebody like Pol Pot, Tojo, Jorge Videla, Francisco Franco, Leopold II or Augusto Pinochet?  The various Robert Mugabe, Somoza, Noriega, Ceaucescu, Mubarak, Batista, al-Bashir, Chavez, Saddam Hussein and Kim Jong Il types are just a rare aberrance from the human norm of wise and benevolent rulers like…

Well, that’s not important now.

Sure, there may have been a time when sick and brutal tyrants like Nero, Vlad III, Herod, Caligula and Genghis Khan were more the rule than the exception.  But certainly, now, people like Ho Chi Minh, Slobodan Milosevic, Kagame, Duvalier, Erdoğan, Calderón, and Khomeini are so rare that it’s understandable and probably even reasonable that most of us are lackadaisical about politics, and trust that our ruling class is properly taking care of our needs.  The hundreds of millions killed in the past century were just a statistical anomaly, you know.  Really, what are the odds that we will get another Chiang Kai-Shek, Enver Pasha, Hirohito, Abdul Hamid II or Yahya Khan to order such inhuman terror?

While it may seem that our government is so much more secretive, deceptive, powerful and invasive than in those simpler, gentler days of America’s peaceful and humanitarian past (setting aside, of course, transient errors like slavery, Jim Crow, experiments on soldiers and prisoners, and the genocide of millions of Native Americans), I’m sure there is no cause for concern here in the Land of The Free, where we choose our own rulers in fair and open elections!

So, no more finger-pointing warnings from me anymore.  No sir.  My message for the New Year is, just relax!  Your nation is competently, rationally, impartially and sustainably operated by people who care about you as an individual of dignity, in liberty and justice.

Just as I’ve learned my lessons about overly grave sobriety, humanity has learned its lessons about corruption and violence.  Humankind’s awful, classist, thieving and brutish history is behind us now.  All that’s left for modern Americans to do is spend our money, pay our taxes, and enjoy the peace, prosperity, justice and equality under law we all so richly deserve.

Yes, indeed, it is time we finally get what we deserve.  Happy New Year!

SHOULD we fight? For what? Are we ready?

There’s a lot of chest-beating, sturm und drang over the recent events in Nevada.  Some people think this should be our Battle of Lexington.
Americans should’ve been up in arms a hundred years ago, when a relative handful of moneychanger cronies took over the country.  That would’ve been morally and constitutionally warranted.  So I suppose every minute since then could serve as good as another to set things right in this nation.

But…why this?
And how did we get here?

Isn’t the corruption of our republic exactly and only what We The People have freely and repetitiously chosen every Tax Day, every Election Day for the past one hundred years?
We are here because it’s where we chose to go.  What’s different now?  What’s in Nevada that should make us fight?

The Nevada Constitution (1864) is dreadful.
First, under the ordinance empowering the state’s constitutional convention was this:
“Third. That the people inhabiting said territory do agree and declare, that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States.”

And that led to some of the most horrible words humans ever wrote into law in their Article I, Section 2:

“But the Paramount Allegiance of every citizen is due to the Federal Government in the exercise of all its Constitutional powers as the same have been or may be defined by the Supreme Court of the United States; and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith or perform any act tending to impair[,] subvert, or resist the Supreme Authority of the government of the United States. The Constitution of the United States confers full power on the Federal Government to maintain and Perpetuate its existance [existence], and whensoever any portion of the States, or people thereof attempt to secede from the Federal Union, or forcibly resist the Execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its Authority.”

There’s a lot of anticonstitutional, antilibertarian madness in that; perhaps the worst being that it essentially places the Supreme Court above both the states, and the federal constitution itself.  That’s entirely opposed to the founders’ original intent and plain words.

That phrase, “…as the same have been or may be defined by the Supreme Court of the United States” replaces the written US constitution with SCOTUS whimsy.  And that phrase makes the constitution of Nevada irrelevant in any way other than as a declaration of complete obeisance to our global ruling class.

I’ve already said I understand the role of physical resistance and even violence in the way that MLK Jr’s efforts were almost certainly made more effective by the “bad cop” role of people like Robert F. Willams (president of the Monroe, North Carolina chapter of the NAACP – you should look up his story – very relevant to 2nd Amendment discussions) the Black Power movement, Black Panthers, etc.

But man o man I wish the armed and angry folks would find a better cause to fight over than what’s happening with the ever-vague land use rights in the west…particularly in Nevada.

I’ve got a list of things that should make you tornado rocket nuclear lightning mad, if you’re interested.  (like, you and your loved ones are being robbed and deceived right now…as I write this)

But let’s agree to how we’re to live instead before we try to overthrow anything or anybody.  Because what we’ve got is what we have been choosing for a hundred years every Election Day.

There are hard ways and easy ways to change things.  But before you go and change things again (remember, what we have really is change – change is constant), you’d better finally get into your head exactly what it is that you want instead.

Two puppets, and a baaad puppeteer

We have been told that we operate under a “two party system” that, in fact, never existed in law or practice.

What does exist, is a globe-spanning criminal crony network that has hoodwinked and robbed us for generations.

Given the incessant, ongoing revelations of scandal and corruption in our government, as well as the common observation that things have gone terribly wrong, my hope is that more of us awaken to this fact, and vote accordingly.

That awakening is a long time coming.  The worst of the crime ring’s basic infrastructure started just over a hundred years ago with a network of private bankers given monopoly power over our currency.  With their debt/inflation-based fiat currency comes an ancient pattern of failure that consumed most of the greatest civilizations in history.  And this time, it is truly a global colossus that is about to collapse in what would be the worst, most violent and impoverishing conflagration ever.

This is a lot of “conspiracy theory” to absorb, let alone believe, so for now I’ll ignore the global monetary, espionage and military systems, and start with what you can see every day here in Indiana.

The Indiana Constitution’s Article I, Section 23 is strong and specific in prohibiting special individual or class rights: “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.”

In direct violation of this clear prohibition, members of the private clubs called the Democratic and Republican parties have incrementally and over the past century created and protected special powers as “major” parties under Indiana Code.

It’s surprising how many people don’t know that only the Ds and Rs get taxpayer-funded primary elections that serve as vehicles for free media promotion, more donations, and direct public involvement with the internal affairs of their parties.  Only they can have Precinct Committeemen with special political rights and powers, yet without the constitutional and antitrust restrictions on other political officeholders.  Only “the major political parties” are entitled to serve on the Indiana Election Commission and Recount Commission, among other things.

Worse still is that the Democratic and Republican parties have illegally placed arbitrary barriers and special requirements on all alternative candidates that make it vastly more difficult for them to get on ballots, be seen on ballots, or even come close to the level of taxpayer-supported organization voters assume are shared by all political parties.

In case you think that new law trumps old law; that’s not how constitutions work at all.  Both Indiana’s Article I, Section 25, and the federal constitution’s 10th amendment make it plain that violations of the constitutions are null and void; they’re no more “law” than if a cat coughed them up.

The good news is that all governments are by consent of the governed.  Even the most oppressive regimes are overthrown when the people have had enough.  And we have elections so that our revolutions can be peaceful.

So, look around the various structural and media roadblocks to research the truth on your own.

I’m hoping you’ll realize that even participating in their primary elections gives too much help to corrupt parties that don’t need our help.  I hope you’ll see that it’s not alternative candidates who need to explain what they’re doing on the ballot.  I really hope you’ll look at what our nation has become, look at the agents of that monstrosity, and ask, “How dare you show yourself on our ballots again?

HorningCongress640

Shaking the muck out of DC

In light of all the madness in DC today, I’d like to make a counter offer:

1)      Rule of Law Reboot: A resolution reaffirming that the US Constitution is a civil law contract, to be obeyed as written.  What’s not clear must be clarified by written amendment.  What needs to change needs to be changed by written amendment.  Details are here: https://wedeclare.wordpress.com/2013/10/13/rule-of-law-reboot/, and here: https://wedeclare.files.wordpress.com/2013/02/the-united-states-constitution.pdf.

2)      A resolution reinforcing that, in the constitution as actually written and amended, there are only seven federal crimes that apply to citizens outside of Washington, DC (1. counterfeiting, 2. piracy, 3. high seas felony, 4. offense against the Law of Nations, and, 5. treason.  Tax and postal crimes are implied, but unfortunately, unspecified).  Other federal crimes must either be the result of a trans-state-border dispute (murders, other State crimes crossing state lines, for example), or are not federal crimes at all, and the wrongly convicted would be freed.

3)      Of course nullify PPACA/ “Obamacare.”  But I want politicians out of our healthcare system entirely.  More details here: https://wedeclare.wordpress.com/2013/10/15/can-politicians-even-define-health-care/.

4)      I propose we cut as many nations as possible loose from both our purse strings and browbeating.  Peace, commerce and cautious optimism with all nations, entangling alliances with none.

5)      I don’t oppose everything our legislators have done recently.  I’d strongly support “Free Competition in Currency Act,” which was reintroduced in this Congress by Rep. Paul Broun (H.R. 77)

6)      Pork (“earmark” or localized spending added to bills) is unconstitutional, and it’s time we call it the crime it is.  Farm subsidies, corporate welfare, federal block grants that should originate and end within the states…they all must stop.  I will squeal whenever I see pork.  That alone will keep me busy.

 

7)      I know that the federal constitution isn’t perfect.  But I really hesitate to even mention amending the constitution, given who’d be sitting next to me in congress.  But since I’ve been asked about this, here’re some amendments I’d propose if I thought they could be ratified intact:

a)      Sunset 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.  Our laws must be simple enough to understand, few enough to know, and important enough to enforce without classes or exceptions.  So a regular “spring cleaning” is required.

b)      To more specifically forbid central banking and “monopoly money” in both senses of the term (money backed by nothing, enforced by government monopoly on currency).

c)      To nullify the 16th Amendment, which essentially pays for only central banking anyway.

d)      To very specifically limit the authority grant of Article I, Section 8:3 (the “Commerce Clause”) to only disputes/issues between states, and not within states.

e)      To clarify or even nullify the misinterpreted and increasingly dangerous “Law of Nations”, or jus gentium (Article I, Section 10).

f)       To modernize references to the Navy (Article I, Section 8:13-14; Article II, Section 2:1, the 5th Amendment) and “high Seas” (Article I, Section 8:10) to delimit authority and armament in the air and space as well.

Follow

Get every new post delivered to your Inbox.