Resolution to Restore Indiana

(SOMEBODY PLEASE INTRODUCE THIS! …Bill, Joint Resolution, Concurrent or Simple Resolution…I don’t care. I’d most love to see this become an amendment to our constitution…along with clear penalties for violation of our rule of law):

Whereas, the plain wording of  Article I Section 25 of the Indiana Constitution, and Indiana Code 1-1-2: Sec. 1, and the 10th Amendment to the Constitution for the United States of America, is binding law;

Be it resolved that;

No state or federal law, agency, program or international treaty that depends upon authority not specifically granted by the Constitution of the State of Indiana, or Constitution for the United States of America,  shall be valid;

Any state or federal agency, law,  program or international treaty transcending authority specifically granted by the Constitution of the State of Indiana, or the Constitution for the United States of America is null and void;

Unconstitutional laws, agencies, programs and treaties have created both problems and dependencies that will take time to rectify;

Therefore;

All unconstitutional governing powers, delegations, laws, programs, treaties and entities that cannot be immediately nullified must be phased out within no more than ten years.

BattleofLongisland
Your vote is not a poker chip; it’s weapon.

Wield your vote against the Two Party System

Here in Indiana, disgust with our pseudo-GOP Governor Holcomb is finally (it’s about time!) pushing aside normal voting tendencies in favor of the obvious best choice for Governor, Donald Rainwater. This is of course a welcome turn of events, but highly unusual.

Most people say they vote “for the candidate, not the party.” But numbers don’t lie. Over 90% of us never vote for anybody who’s not a Democratic or Republican Party member at statewide or federal levels.

Not ever.

There are still many of us who remember a time before primary elections, when ballot access and political party laws were a lot more fair, there were more options on the ballot, reelection rates were half what they are now, and political corruption wasn’t so comically obvious and tragically destructive.

But unless you were around for the previous civil war, none of us remembers a time when the two major parties didn’t hold such a two-headed monopoly on national politics.

It’s high time to review what that lack of competition has wrought.

The left and right wings of authoritarianism each say the other is a catastrophe, and after the first “presidential” debate, it’s embarrassingly obvious they’re both correct. It’s not just adolescent name-calling.

Over 230 years ago that innumerable American politicians, wonks and economists warned us of the dangers of paper money, Central Banks and their inherently dangerous and corrupting monetary alchemy. It’s going on a hundred years ago that Fiorello LaGuardia warned us about the need to police the police during the first Prohibition against booze. General and President Eisenhower warned us almost 60 years ago about not only the military industrial complex, but also the danger of subsidized research, and “…that public policy could itself become the captive of a scientific-technological elite.” Over 50 years ago we found that our CIA was funding student radicals; and over 40 years ago, the CIA was caught paying our news media to lie. In recent years we learned that our government lies about spying on everybody, and about the justification and feeble progress of our endless wars. If Russiagate teaches us anything, it’s that lies and subversion are Standard Operating Procedure at every level, and on both sides, of our bureaucratic state.

So today, militant groups such as Proud Boys and AntiFa have risen up as proxy armies for the anti-constitutional two-headed monster of tribal fear and loathing we call the “Two Party System.”

Yet we’re told that this election is too important to vote in any way except the way that got us so far off the rails.

I’m calling that BS. Fool me once, shame on you; fool me twice, shame on me. We the People have been fooled every election day for our whole lives. We have said too many things with our mouths that we’ve upended with our votes.

There is a candidate for president of the United States on the ballot in all 50 states who alone presents at least the option of addressing every particular of the aforementioned corruption. So I’m voting for Jo Jorgensen, nominee of the Libertarian Party.

I’m not doing that simply because voting for alternative candidates would bust through a corrupt facade and open our government to long overdue options. I’m doing it because Joanne Marie Jorgensen also represents a genuine compromise between our internecine combatants. The Democratic and Republican parties have for too long used the Bill of Rights as a tug-of-war rope instead of a unifying compromise. They each use their favorite freedoms to yank away the others’ rights.

Their spasms of partisan spite have created amazing cognitive dissonance.

Democrats want massive government, but not the police who enforce it. Republicans want guns to fight oppressive government…while they idolize and arm the militarized police and the global military they’d have to fight. Maybe you’ve seen the two opposing yard signs – “Had Enough? Vote Democratic!” “Had Enough? Vote Republican!”

Even a quick glance at the rate of government expansion in debt, spending, pages added to the federal code books, or any consideration of foreign entanglements, abuse, and corruption of power, shows that Democratic and Republican party administrations are almost indistinguishable.

Unfortunately, there is a tragic misunderstanding about the purpose of elections and the power of our votes. Elections are not for hiring politicians. For millennia and everywhere, politicians have been doing that just fine by themselves, whenever people let them. Our founders, even knowing that half of us are below average and most of the others are badly misinformed, bequeathed us, at great cost, the ability to freely and safely choose our own government.

But they meant elections as a flush lever, not as a scrupulous hiring process, and certainly not as a poker chip in a game of odds.

Forget the “wasted vote” canard. From any evidence or ideologically-based perspective, it’s Democratic and Republican voters who have a lot of explaining to do. It is they who’ve been throwing their votes away.

The only sane vote now is against that whole corrupt, deceitful system, and for alternatives.

Fortunately, Jorgensen supports the entire constitutional rule of law design of equality under law, and government on a leash, as the best means to achieve peace, prosperity, and security by bringing liberty and justice for all (at long last). Please read the details at https://jo20.com/issues/ and, please consider that you can’t have your freedoms without letting others have theirs, too.

I understand that that we’re more disposed to suffer, while evils are sufferable, than to right ourselves by abolishing the forms to which we are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same two parties, evinces a design to reduce us under absolute despotism, it is our right, it is our duty, to throw off such government, and to provide new guards for our future security.

Our vote is the power of peaceful revolution.

God knows we need one of those right now.

“The fault, dear Brutus, is not in our stars, but in ourselves.”

Holcomb

Ever since FDR’s “switch in time that saved nine,” our legal system and law schools have spewed out innumerable “constitutional law experts” who often claim that whatever any government official, agency, bureaucrat or cop can do to people is OK.  They do this by ignoring our short and simple constitutions to unleash an interminable fusillade of judicial pronouncements and federal/state code sections that, by their number of words alone, do seem to overwhelm the few political powers constitutions authorize.

…Except, of course, to someone who’s actually read the laws.

Nobody claims that Governor Holcomb’s COVID-19 mandates were actually authorized by any constitutions, state or federal.  The constitutions absolutely forbid executives from making laws.  Executive Orders are constitutionally actionable only if they’re only the details of executing laws written by legislators.

Other than invoking armed force against insurrection or invasion (which would be as ineffective against a virus as was Caligula’s attack on Poseidon), the Governor’s only constitutionally authorized emergency power is to call an emergency session of the General Assembly.

To be clear, the constitutions say that what the Governor did, and is still doing, is unconstitutional in both word and intent.

The Governor cited not the Indiana Constitution, but Indiana Code as his authority, specifically the statute, IC 10-14-3, the “Emergency Management and Disaster Law.”

That particular ream of legal effluvium does indeed appear to authorize every possible decree, action or mayhem, if read by itself; and if ignoring all the key principles of separation and limitations of powers in a republic.Kirk

Ironically, it’s even less-limited than the federal 40 U.S. Code § 1315 that Trump’s folks invoked against Portland protesters.

But consider what the Indiana Code says about its own authority in the hierarchy of law. What follows is IC 1-1-2 § 1-1-2-1:

“Section 1: The law governing this state is declared to be:

First. The Constitution of the United States and of this state.

Second. All statutes of the general assembly of the state in force, and not inconsistent with such constitutions.

Third. All statutes of the United States in force, and relating to subjects over which congress has power to legislate for the states, and not inconsistent with the Constitution of the United States.

Fourth. The common law of England, and statutes of the British Parliament made in aid thereof prior to the fourth year of the reign of James the First (except the second section of the sixth chapter of forty-third Elizabeth, the eighth chapter of thirteenth Elizabeth, and the ninth chapter of thirty-seventh Henry the Eighth,) and which are of a general nature, not local to that kingdom, and not inconsistent with the first, second and third specifications of this section.”

Please note the order.  Last, or fourth, is case law.  This is what most USA citizens now think comes first.   Supreme Court does, in fact, sound supreme.  But it’s actually dead last in the legal hierarchy that determines what politicians can decree what we can do, can’t do, and must do for them.

Third is the federal code. Second, is the Indiana Code, as long as the code doesn’t contradict the constitutions, state or federal.

First on the list, of course, are the constitutions that say only legislators can legislate.

The Indiana Constitution’s Article I, Section 26 says very clearly says that only the General Assembly (our legislature) has any authority to suspend the laws protecting our rights from politicians under any circumstances.  Article I, Section 25 very clearly says that laws cannot create any authority not already granted.

And nowhere is the legislature granted authority to delegate away it’s power and more local accountability by the stroke of a pen.

The law is clear.  Why the Governor still refuses to call our legislators to work, is not. You’d think he wouldn’t want all the protests, disagreements from Sheriffs and Indiana’s Attorney General landing on him alone.
Unless, of course, he intentionally crossed this Rubicon and wants to be Caesar.lucy-charlie-brown-football

That’s history we really shouldn’t want to repeat.

Yes, we have a duty to resist, but…

I’ve avoided commenting on the iconoclastic vandals/ rioters for at least three reasons.

  1. I’ve been hoping that there’d be some point to to their violence – or that at least there’d be some accord with the peaceful protesters’ righteous demand for reform. Given how bad our tribal information sources are these days, I was hoping that something favorable would emerge about their motives. …Other than burning Bibles and the usual socialist/communist self-delusions, of course.
  2. Quite opposite the manipulative canard we’re told about the efficacy of peaceful protest, there has always been, in any real social movement, a yin-yang duo of intellect and force, peaceful protest and violence.  For example, Mohandas Gandhi versus Rash Behari Bose, or Martin Luther King versus Huey Newton and Bobby Seale.  I am personally very anti-violence in my personality as well as political ideology and ethos.  But…change is necessary.  Our government is horrifically corrupt.
  3. Truth be told, I’m a bit of an iconoclast myself.

But as of now, the violence has only served to unfairly discredit and distract from the peaceful protesters’ goals.  Whether by design or stupidity is pretty much the same yield…the violent destruction has been absurdly, mindlessly destructive as well as counterproductive.

On the other hand I’m deeply conflicted.

I feel like a hypocrite promoting peaceful revolution by nullification, change of heart and mind, personal responsibility, civil disobedience, tribal law/ election reform and innumerable political campaigns, yet silently wishing for the other half I know is necessary for actual societal and cultural change.

I’m not aware of anybody saying it better than former slave Frederick Douglass.  Here’ just a few snippets of a speech we should all read in its entirety:

FDouglassThe general sentiment of mankind is that a man who will not fight for himself, when he has the means of doing so, is not worth being fought for by others, and this sentiment is just.  For a man who does not value freedom for himself will never value it for others, or put himself to any inconvenience to gain it for others.  Such a man, the world says, may lie down until he has sense enough to stand up.  It is useless and cruel to put a man on his legs, if the next moment his head is to be brought against a curbstone.

Who would be free, themselves must strike the blow.

The following puts a sharp point on today’s circumstances as contrasted with better-grounded movements:

I am aware that the insurrectionary movements of the slaves were held by many to be prejudicial to their cause.  This is said now of such movements at the South.  The answer is that abolition followed close on the heels of insurrection in the West Indies, and Virginia was never nearer emancipation than when General Turner kindled the fires of insurrection at Southampton.

…And my favorite, most-often cited part:

Power concedes nothing without a demand.  It never did and it never will.  Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or with both.  The limits of tyrants are prescribed by the endurance of those whom they oppress.

The rioters’ absence of such intellect, clarity and purpose reveals them to be self-immolating fools; either as tools at the whim of others, or as brutish embodiment of dysfunctional minds.

But I’d better be clear on something…it’s not only black people who should be concerned about our government.  Our culture is sick from the bottom-up as well as top-down.  Inequality under law hurts everybody, ultimately – even the people who’re now draining the lives of the lower castes for their benefit.

You can say whatever you want about our Founding Fathers and past generations’ American Dream – we never did anybody’s vision correctly.   But where we’re headed is disastrous by anybody’s ideology, or hopes for tomorrow.

My hopes, as always, are for a public epiphany that actually acts-out a better culture.  But as always, my hopes greatly exceed my expectations.
Sigh…

I’ll end with another excerpt of Douglass’s speech:

Those who profess to favor freedom and yet deprecate agitation are men who want crops without plowing up the ground; they want rain without thunder and lightning.  They want the ocean without the awful roar of its many waters.

Flag day on Sunday may be too much…

Flag Day, like Independence Day and Constitution Day, has become, for me, anyway, a predicament.

MAGAI want very much to enjoy the feelings of pride and mystic oneness with untarnished heroes of yesteryear.  I’d like to sing our anthem with joy.  I’d be delighted if I could feel that nationalism was about righteous unity and a shared experience of liberty and justice for all with my fellow citizens.  I wish I could hoist a flag and feel I’m expressing equality under constitutional rule of law, with truth, transparency, peace and prosperity now and forevermore.Support

But, dang it…

The flag is a symbol that, to me, and very sadly, has become an emblem of corruption and self-deception.  Our Pledge to obey it (written by an apostate socialist, BTW) was considered idolatry by Christians a hundred years ago.  Adding “under God” to it in 1953 changed what, exactly?

Bellamy2

Do we stand in church with our hands on our hearts and solemnly pledge to obey God?  I’ve not seen that happen.

Besides, how CAN we obey a flag?  Are there any rules?  Who decides what the flag is telling us what to do, and how far we’re to go in obedience?

Do we mean what we’re actually saying?

Our Anthem is a similar self-deception.  Do we still believe we’re “the land of the free and the home of the brave” when… aren’t we struggling against liberties lost to fear of everything from impoverished Arabs, to marijuana and viruses?

IdolatryOur nation is a corporate abstraction not so different from other corporate identities, tribes, corporations, clubs or clans.  We should be acutely aware that the difference between crime rings and nations is often more matter of scale than culture or law.  When Mexico’s Sinaloa drug cartel beat the Mexican government in a straight-up military engagement, wasn’t there at least a little confusion about who’s really running the country?

Governing is always by force.  But very, very rarely, a government rules by some authority higher than just brute force.  The USA’s national government was created, authorized and very literally delimited by constitutions, state and federal…that, unfortunately today, nobody reads, and most dismiss as outdated.

Yet it’s to constitutions that soldiers, police, politicians and new citizens are to pledge their support and defense against all enemies both foreign…and domestic.

And it’s to those constitutions that we all turn at some point when we want at least the parts we like (maybe a few of the Bill of Rights) when we feel we need defense from…our own government. Thugs

Yes, our government.  You know…the people with the flags on their uniforms, “Under God” on their money, and big bald eagles topping flagpoles guarded by soldiers.

You know…the people a lot of us are protesting against today for their injustice, lawlessness, corruption and brutality.

I get that flags are powerful.  Anthems are powerful.  Slogans are powerful.

But carried through generations, they become a religion unto themselves.  Tribal/corporate membership identity is powerful right down to our DNA.  We crave the feeling of belonging to a pack…often most when opposed to some other clique, clan, club or country.  Historically, and today, that tribal fervor becomes violent at the whisper of a rumor.

We actually tend to WANT us versus them, with all the emotions, symbology and triumphant, martyr-making images that go with that scenario.

My dad was a decorated WWII pilot and POW.  He weighed just over 90lbs when freed, and I believe all of his kids were deeply affected by his unspoken trauma.  The triangle of flag presented after his death means a lot to me.  But that particular flag is about my dad and not about our imperiled nation.distress

A lot of people see the flying flag more like a disgraced celebrity than a proud aspiration.  Others have good reason to see it as a symbol of class struggle and injustice.  Those who see it as a physical embodiment of virtue are history-whitewashing romantics…which must be pleasant – but is ultimately a destructive self-delusion.

But it may also be a dangerous red-herring bait-and-switch.  “When Fascism comes to America, it will be wrapped in the flag and carrying a cross.” *

I have a suggestion.

I believe we should drop the abstract, arbitrary symbols associated with our ungoverned, corrupt and dangerous government, and make this really, really simple.

We should make sure that what we espouse and pledge to support is written in black and white constitutions that we’ve read and actually do support, and not to feelings inferred from symbols no longer related to those words.

We need to be, in my opinion, razor-sharp in focus, and completely serious in our dedication to truth, justice, and …something better than what is now the American Way:

I propose we pledge our allegiance not to a bit of cloth made in China, but to constitutional rule of law under our existing state and federal constitutions as written and amended, full stop.

 

 

*Some say Sinclair Lewis said or wrote this.  But this has been pretty-well debunked.  Others ironically claim that Huey Long said it.  But that’s even less-likely.
But it doesn’t much matter who said it, because it’s turning out to be embarrassingly, damnably correct.

Hang onto your hats, folks…

We The People never actually did the constitutions as intended.  We never extended the freedoms we cherished to those we disliked (Injuns, Darkies, Micks, Wops, Chinks, Bohunks, Catholics, Jews, etc., etc., et cetera…), and so the whole point of constitutional rule of law was compromised from the start.

In empowering a government to degrade or oppress anybody, we created a baby monster.  That monster would grow up, of course.

Well, maybe not so much a baby monster.  I think for present purposes I’ll ignore our government’s first centuries of slavery, native genocide/oppression, what happened with Civil War and Jim Crow, and move on to what we think of as our more pleasant selves.

coming-money-trustFrom 1910-1912, we feared occasional interruptions to history’s greatest economic expansion, so we surrendered our successful monetary/financial system to central banking and fiat currency through a political system of monetized debt.  This was also, not so coincidentally, how we could “pay” off previous wars and prepare for “modern warfare” in the future… by robbing the future.

Not long after that, our fear of drunkenness led to the prohibition of “…the manufacture, sale, or transportation of intoxicating liquors.”  While this first prohibition of any sort of trade didn’t involve prohibiting consumption or purchase of anything, those additional prohibitions came as if by magic, along with rampant “civil asset forfeiture,” police and judicial corruption, and the presumption that government can prohibit other trade even after the 18th amendment was repealed by the 21st.

From WWI to WWII, our fear of Germans, Arabs, Italians and Japanese temporarily distracted us from our hatred/fear of Native Americans, Negroes and Jews, so our government took away our gold, rationed and prohibited a bunch of stuff, raised taxes dramatically, started “socializing” the heck out of stuff, and imposed lots of laws against speech and movement and so on.  But we were pretty proud after kicking some @$$…though we did, of course, fear commies (our allies just moments earlier) after that.

So some more liberties had to be curtailed, naturally.  That’s war, you know. Sometimes past mistakes rationalize making more in the future.

But by the 60’s we no longer feared alcohol, because we now fear drugs.
So we got SWAT teams, Nixon’s “War on Drugs,” and a thriving black market in …drugs.  And all without amending the constitution this time!
Police forces grew exponentially in size, armament, and since the 1980’s…immunity.

By the 80’s we feared black markets and drug dealers so much that we got more sting operations, spying, unlimited “civil asset forfeiture” and no-knock raids.

From the 70’s, when we tied our money to Saudi oil trade, through the 90’s, when some uppity Muslims challenged our petrodollar system, we decided that the people we’d been relocating for a hundred years, then overthrowing and manipulating with the Saudis, were “terrorists,” and THEY became our biggest fear…for which we’ve had to sacrifice innumerable freedoms of travel, privacy and finance.
Then after 9/11…ho boy!

Now the NSA has replaced Santa Claus as the keeper of lists, and you really don’t have any constitutional freedoms at all anymore.  You’ve got only conditional privileges with ever-more conditions on ever-fewer privileges.

Strangely, instead of thanking our nation’s founders, constitution’s authors and civil rights heroes for the freedoms we’ve been throwing away, we thank soldiers fighting foreigners in foreigners’ own homes.  …Fighting wars that rationalize the loss of more freedoms.
(how can we make this make sense?)

HwDrYuSo now we’ve got this really bad case of cooties, and we’re snitching on each other like CoroNazis, and trying our best to shovel even more power onto the authoritarians when that’s now becoming a very hard thing to do.

CoronaVirusNot to minimize how deadly a pandemic can be, of course.  With my first political campaigns, I tried to make an issue of our lack of preparedness for just such things (my first real job in healthcare was an internship at the Indiana State Board of Health, after all).

If you really want to live scared, communicable disease actually is a worthy terror.

ChynaApparently that’s not enough fear, however, because we’ve lately replaced our fear of Russia with the fear of China.  In some ways, that makes sense.  China’s much more dangerous now that we’ve given them at least close equivalence in economic, industrial, entertainment, information/ education, engineering and of course military/espionage might.  They could danged-near build a human bridge across the Pacific and kick our @$$.

But what you really should fear is that, as China has to an effective degree emulated our industries and market economics, We The People have emulated Chinese brutality, deceit and authoritarianism.
We’ve thus thrown away our economy, and our freedom.

…Oh, and our security.

Sure, we’ve angered the whole world by putting our forces in half the world with the guns pointed at the other half.  Our wars never end…even after our President/General Eisenhower warned us about the danger of a military industry.

But worse, all the preceding has rationalized more enforcement, more force, an increasingly adversarial relationship between us and the police and our “National Guard” forces.

Bad laws drive away good cops and encourage bad cops.  Too many laws mean selective enforcement, which is a major foothold for corruption and racism/tribalism.  And corrupt, continuously re-elected and therefore arrogant and unaccountable politicians want thugs and the fear they spread…it’s what gives politicians power over us.

Our collective fear, ignorance, tribalism and hate is leading us to a very, very, historically, epically bad place.  Only politicians thrive on our division, hostility, fear and hatred.  They feed and grow more powerful on our discord the way a tick drinks blood.

Our nation’s founders would be ashamed at not only the destruction of their gifts to us, but also that we’ve not come up with any better vision by now.  They’d be horrified that we’re fighting each other instead of the forces that divide us against each other.

We could easily fix things at least to fundamental principles.  I’m not the only one who for decades has proposed simple ways to govern our government, regulate our regulators, police our police, and make our justice system just.

HeroBut it seems us Cassandra types have naught to do now but prepare for what’s now inevitable, and maybe prepare to help pick up the pieces… …If people become any more amenable to reason after catastrophe than they are now.TheEnemy

Sigh… We can’t be the Land of The Free if we’re not also the Home of The Brave.  I’m afraid we’ve become the Land of the Serfs and the Home of the Fraidy Pants.

As demonstrated every Election Day, including the next one, by all the evidence I see, We The People don’t seem to want any regulation of our government at all.  We want authoritarian rule and we want it good and hard.

SaveUs

Over 90% of us incessantly blow electoral kisses to the Powers That Be…and then whine about the consequences.

And those consequences have only just barely started to show…

Hang onto your hats.
They may be all that’s left after we’re done doing to ourselves what we have always feared from others.

Spies, Lies, and an Ungoverned Government

I was looking for something else and found a press release I’d sent out December 22, 2017 (that of course never got ink or airtime).
I think
with all the new excuses to track, trace, monitor, test, inject and regulate us, along with yet another anti-constitutional “reauthorization” of FISA, we’re looong past due for this now:

It’s time to talk about our spies

Not ListeningFreedom, IN – ♬♪ They see you when you’re sleeping, they know when you’re awake; they know when you’ve been bad or good, so be good for goodness sake! ♩♫

Our US Congress is considering re-authorization of the unconstitutional mass surveillance programs we were once told didn’t exist. I say it’s time for what some might call a “courtesy flush.” The corruption, destruction and stench of our lawless, secretive societal saboteurs has grown too great.BorisBadenov

The FBI was, from its start in 1935, corrupt, snooping, deceitful, and deadly. Truman regretted creating the CIA, and Kennedy said he would “splinter the CIA into a thousand pieces and scatter it to the winds(right before he was assassinated). The CIA developed the first spying engine of the NSA; and we know that agency has been anti-constitutionally spying on all of us, and has repeatedly lied about it.

You know the saying, “Knowledge is Power?”

Consider the power of unlimited, unregulated spying, lying, and political immunity, mixed with armed force and the best technology.  Imagine you had the power to find out everything about people, convincingly make up what you don’t find, or make even powerful people, maybe even in our own country, die…without facing any consequences.

What government on the planet wouldn’t abuse that power? We have good reason to believe that a government that performed medical experiments on school kids, doesn’t even resist abusing it.trumpthing_0

Does such knowledge and power actually control our elected politicians?

This is what people are talking about with the term, “deep state.”

So-called “federal” agencies’ famous rivalries, withholding of data, rejection of congressional oversight, their anti-constitutional actions against citizens, media and foreign governments, and their trampling of local law enforcement really do make them more enemy than friend.

The greatly abused Title VII, Section 702 of the Foreign Intelligence Surveillance Act (FISA) is set to expire December 31.  Of course Congress should let it die and tumble back into the sulphurous depths it came from.

But I further propose we abolish the FBI and CIA, and give their money back to the states and people.  I would reinforce the constitution’s already clear ban on domestic spying, deception and subterfuge, and leave all domestic law enforcement to more local, appropriate units of government, and already-constitutionally authorized courts.

I would propose that the US Congress directly manage our foreign spy operations under specific congressional warrants and limitations, including the Geneva Conventions.

we want no Gestapo or secret police. The FBI is tending in that direction. They are dabbling in sex-life scandals and plain blackmail. J. Edgar Hoover would give his right eye to take over, and all congressmen and senators are afraid of him.” — Harry S. Truman

 

 

No, this isn’t about Nazis. It’s about humans.

For good, obvious reasons, I don’t like to leap to Nazi analogies, references or allusions.

RememberBut so many people have been claiming that the Governor is fully authorized to suspend rights because of what they think are constitutional “emergency powers,” that I’m afraid I must point out six fundamental truths (before I exhume the Nazis):

1. Indiana Code (IC 10-14-3, “Emergency Management and Disaster Law”), and not the constitution, is where the emergency powers were passed as “law.”  You will not find any emergency Executive powers in either state or federal constitution.  Please look yourself.
My contention is that this IC chapter that seems to conjure this power is unconstitutional, not law, and should be entirely eliminated, for the reasons that follow.

2. Indiana’s constitution is the necessary, fundamental authority for all Indiana laws. Just as you and I can’t just make laws from our easy chairs, the Indiana General Assembly can’t just do whatever it wants.  It has to be properly authorized to do whatever it does. The Indiana Constitution is that authority.  And the Governor cannot make any laws at all (Article 4).

FIRST, authority, and THEN, law:
Article I Section 25:No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.

The constitution used to clearly state that any law that transcends what’s clearly written is null and void (they “amended” that away)…but they never removed Article I Section 25.

And even the Indiana Code agrees about the constitutional hierarchy of law. This is IC 1-1-2: Sec. 1:

The law governing this state is declared to be:

  • First. The Constitution of the United States and of this state.
  • Second. All statutes of the general assembly of the state in force, and not inconsistent with such constitutions.
  • Third. All statutes of the United States in force, and relating to subjects over which congress has power to legislate for the states, and not inconsistent with the Constitution of the United States.
  • Fourth. The common law of England, and statutes of the British Parliament made in aid thereof prior to the fourth year of the reign of James the First (except the second section of the sixth chapter of forty-third Elizabeth, the eighth chapter of thirteenth Elizabeth, and the ninth chapter of thirty-seventh Henry the Eighth,) and which are of a general nature, not local to that kingdom, and not inconsistent with the first, second and third specifications of this section.

The Governor and GA cannot give away what does not belong to them…and that includes our rights.   The actions taken by our Governor specifically violated Article I Section 25; Article I, Section 26; Article 3; and Article 4, Section 9.

3. Our rights, however, can be compromised in emergencies. There is constitutional authority for that…but only by the General Assembly!
Article I, Section 26: “The operation of the laws shall never be suspended, except by the authority of the General Assembly.”
If you read what was said about this in period, there are very good reasons for local accountability.  Different regions have different needs.  A tornado doesn’t destroy the whole state.  Rural areas are different from cities.  And, mostly, no one person should have so much power…or accountability!
We need to have more access to the people who make decisions that affect us so severely, and we want to be able to fire them or reward them with another term as needed.
I understand why legislators don’t want to make tough decisions that could get them fired on a Tuesday in November…but this is the point!
We want these people accountable to us, locally.  So there IS an emergency power structure…and it’s in only the GA.  …Not in the Executive office.

4. This is clarified by Article 3 – Distribution of Powers: “The powers of the Government are divided into three separate departments; the Legislative, the Executive including the Administrative, and the Judicial: and no person, charged with official duties under one of these departments, shall exercise any of the functions of another, except as in this Constitution expressly provided.
There are good, unequivocal reasons and principles here that should not be violated.  Ever.  …I mean it, not ever.

5. Ditto the federal constitution and its only-somewhat-related US Code.
Here’s the Amendment X: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” This is the same principle as the Indiana Constitution’s Article I Section 25.
Politicians cannot take, abuse or give away what doesn’t belong to them.

6. “Ah, but…” the fancy pants pseudointellectuals claim in their whiny voices, “…the constitution doesn’t specifically prohibit emergency Executive powers, so the real question is how to properly limit them in scope and duration.”
Shut up and read the preceding again.
Yes, the constitution does specifically prohibit such powers, and no court case, bench ruling or pundit rumination can change that.

Whatever isn’t specifically authorized is completely prohibited.

In fact, there are long-standing, very serious punishments (including death) made by law for those operating under the “color of law” that violate our constitutional rights.

We didn’t throw away our rights and erect Caesars over polio or the 1918 flu.  There were emergencies, and there were emergency sessions in legislative assemblies all across the country to deal with them…at state and local levels.  Even in this pandemic hysteria, there have been many Mayors, businesses and other local institutions that took local action while Presidents and Governors hesitated.  That’s the right way for things to happen.
There has always been a right way to respond to emergencies, and it’s all written down…in constitutions, state and federal.

A few more details before I get to the Nazis.

First, the obligatory Confucius quote: “An oppressive government is more to be feared than a tiger.

Next, this country made it over 200 years before passing the National Emergencies Act.
Think about how many emergencies (pandemics, droughts, floods, wars and economic catastrophes) had already come and gone by 1976.Enabling_Act_in_colour

OK.  So.  I’ll not say much about Nazis other than to say you really ought to look up the “Enabling Act of 1933,” or “Gesetz zur Behebung der Not von Volk und Reich” (“Law to remedy the plight of the people and the empire”).
I assume I need not mention how that turned out.
But I do need to mention that this was signed into law by Reich President von Hindenburg, when Hitler was only Reich Chancellor.

So first, the enabling act of expanding power and reducing rights; and thenEOHolcomb2

Governor Holcomb is no madman Hitler.  Not even close.  I like the guy, actually.

But you should never, ever, law or no law, give ANYBODY this much power, because the next Executive, Caesar, Poohbah or King will only add to that power.

Power takes power.  It accumulates and festers and expands until societal calamity.

On August 3, 1857, in an era of much greater harshness than we face from a virus, Frederick Douglass spoke the words that, more than any other single thing I can think of, pushed me toward philosophical libertarianism:Comments on Narrative of the Life of Frederick Douglass ...
“Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress.”

You know this, right?  It’s all over human history that people’s own government becomes their biggest enemy, right?

Well, the Germans didn’t think it could happen to them, either.

Open letter to Governor Holcomb

Governor Holcomb, I know you’re not a bad man.  In fact I believe you’re a man who means well.  I’m certain your advisors assured you that what you’ve been doing is legal.  And I know that many applaud your “leadership” in closing businesses and schools, forbidding all manner of association and movement, and in general, suspending rule of law as a state-wide, one-size-fits-all rule. Untitled But right is right and wrong is wrong.  And while I know you don’t believe you’ve done wrong, you have. I of course wish you had called an emergency session (Indiana Constitution Article 4 Section 9) so that Indiana’s General Assembly could have constitutionally authorized (by Article I, Section 26) what you have been doing …in violation of your oath of office. I’m betting they’d have come up with measured, regional plans that made more sense and relieved you of total accountability for this mess. The scared-stupid post-9/11 security blanket standing order from the legislature (IC 10-14-3) was both unconstitutional and foolish – not so different from 1973’s War Powers Act that so many regret today.  Such vague, inherently corrupt delegations/ surrender of authority nullify the whole point of the separation and limitation of powers.  Besides, Governor, unilaterally taking such unconstitutional authoritarianism upon yourself when it’s not only illegal, needlessly inflammatory, and raises fears about our new, dangerous form of government, is also bad politics. KingNo one person should wield so much power.  And under our constitutions, no one person does. I’m sure that, given the circumstance of the SARS-CoV-2 virus / COVID-19 disease, the General Assembly would have granted you specific, timely and focused authority to do what needed doing, where it needed doing …and without the suspension of laws that are in only the GA’s authority to suspend.PlagueDoctor While I think what politicians have been doing in response to this pandemic is based more in fear and self-interest than in fact (and the corruption has become obvious, in case you’re wondering), it should still be done by constitutional rules. Anything else is unconstitutional, specifically illegal (Article I, Section 25), and contrary to the most fundamental principles of this nation’s purpose. Please read this: https://wedeclare.files.wordpress.com/2016/03/indiana-constitution-book.pdf Remember You took “…an oath or affirmation, to support the Constitution of this State, and of the United States” I’m sure we’d all be both relieved, and favorably impressed, if in a public mea culpa, you’d recognize the chain of errors and misapplication of force, and resolve to do what’s right…and legal. Nobody expects a politician to be perfect, you know.  But we’re all looking for somebody to earn our trust in these pivotal, tumultuous times. Going legit, and governing our government according to constitutional rule of law, would be a great start.

Desperate Times call for …Rational Thought

I get the whole “desperate times call for desperate measures” shtick, though that phrase has typically been mere rationalization of political corruption and usurpation.  But I get it.  And I sympathize with our tendency to fall for it.  A pandemic really is a more serious threat than are “terrorists” and our incessant and horridly expensive game of global Whack-A-Mole.  Fear is a real thing.Jobless graph

But at some point, deaths resulting from our forcibly-imprisoned populace and arrested commerce (lack of HVAC, medicine, food, for example), rising suicides, domestic violence, neglect, and of course, deaths by less-popular and therefore untreated diseases, could surpass deaths from the SARS-CoV-2 virus / COVID-19 disease.  (see Venezuela)

Very few talk about such deaths caused by our sequestration, and the suppression of our economy, perhaps because it’s impossible to know exactly at what point the death graph lines would cross, and our government actions would become much more harm than help.  It seems unlikely since we seem to be doing so well right now, all things considered.  But then, the effects of current shutdowns won’t be fully felt for months, or maybe years if this is the straw that breaks our house-of-cards economy
It’s really the same “unseen” opportunity cost problem so well described by Bastiat in his excellent “That Which is Seen, and That Which is Not Seen.”

PlagueDoctorIt’s also the case that these poverty-caused deaths would be almost entirely in the lower half of our socio-economic bell curve.  And despite the Democratic Party’s loud crocodile tears for less-fortunate humans, it’ll be mostly in areas where the D tribe is already in control, and therefore nobody in either crony party camp, really cares.  Poor people don’t contribute to reelection campaigns, after all…but dead people do vote, so… 

SaveUs

Keep in mind how Social Security works: 1. Politicians keep increasing the benefit age because it’s their inherent desire that you die before you can claim benefits.  2. They keep whatever money they don’t give back to you, personally (it doesn’t go to your family, of course).  3. They tax the benefits that they already taxed.  4. They don’t actually have to give it to you anyway.  When times get really tough, it won’t be there.  And that will be when most people depend upon it most. 

This is a very simple example of central planners destroying options for individual planners.  In other words, people can’t serve themselves when politicians, claiming to serve everybody, suck up all the resources and take away all the options, leaving individuals sucking for air…proving once again that we humans have no disease more deadly than the collective’s Caesar.

Of course I wish our culture would rise to a better vision

But we’re already suffering a pandemic of debt, corruption, monetary madness, Orwellian war, fascism/corporate socialism and cultural division that will soon make the fall of Rome look like a lady’s gentle sneeze.  No mask or gloves or sanitizer can protect us from it.

Only a revolutionary change of heart and mind, and action, (and that’s likely only by Divine Intervention) can save us now.