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 the USA’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, those things came 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and judicial corruption, and the presumption that government can prohibit other trade even after the 18th amendment was repealed by the 21st.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 after that.
So some more liberties had to be curtailed, naturally.  That’s war, you know. Sometimes past mistakes require 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 and armament…and 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.
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.

Instead of thanking our nation’s founders, constitution’s authors and civil rights heroes for our ever-fewer “freedoms,” we thank soldiers fighting foreigners in foreigners’ own homes.

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.

Our collective fear, ignorance, tribalism and hate is leading us to a very, very, historically, epically bad place.

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.
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 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 Sheep 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 then

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, 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.

But right is right and wrong is wrong.  And while I know you don’t believe you’ve done wrong, you have.

I 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 decades-old 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.

 

The eBook is out…

The Truth about Excelsior is now available in both paperbackand Kindle eBook.
No, I’ve not yet heard about film rights, who might direct or star in the movie no doubt forthcoming.
CoversmallBut the significant news is that in both eBook and paperback, you can read “Far more than the usual fanciful tale of precocious children, fire-breathing dragons, disastrous monetary policy and World War.”
“‘The Truth about Excelsior’ offers a unique perspective on today’s cultural madness, and a glimpse into a world of peace, prosperity and …freedom.”

Let me know what you think of it.  If you like it, please leave a rating and review.

If you don’t like it, well, let me know what you think of it.

ExcelsiorNewspaper

The TRUTH about Excelsior…on Amazon

My brother Greg published a book about three years ago.  I don’t think of myself as particularly competitive, but doggone it, I couldn’t let him beat me!  So I wrote one too.

He also has a website for both his book, and a bunch of stories from my mom (she wrote and illustrated some hilarious stuff).

…Anyway, The Truth about Excelsior is now available in paperback: https://www.amazon.com/dp/B0849X45LQ?ref_=pe_3052080_397514860.

I don’t like the way it looks as an eBook, but I’ll likely publish that, too, in a couple of weeks or so.  It’ll be cheaper, of course.

Coversmall

But since some stuff gets lost in the eBook version, I’m resisting it as long as I can.

The blurb is, “Far more than the usual fanciful tale of precocious children, fire-breathing dragons, disastrous monetary policy and World War, “The Truth about Excelsior” offers a unique perspective on today’s cultural madness, and a glimpse into a world of peace, prosperity and …freedom.

I mean it to be fun, but you know me…I had to insert some serious stuff in there, too.

Anyway, let me know what you think of it…and if you like it, tell everybody, and leave a review!

Indiana’s ballot access/primary election laws are unconstitutional and corrupt

We’ve been so systematically and trans-generationally deceived about the recent, unconstitutional, corrupt, self-appointed “Two Party System” that it’s understandably hard to believe the truth.  I’ve laid out my case several times in the past, but it’s worth trying again.  This time I’ll just lay out the facts and try (try…I really will try) to avoid pontificating.

Please read the following and come to your own conclusions.  If they’re different from mine, let me know what you think I’ve got wrong.  But if you agree with me…won’t you consider rising to action?

 

Facts:

Candidate caste system:

Indiana Code has in the past forty years created seven separate classes of candidates respecting ballot access, as well as for other increasingly divergent privileges, powers, immunities and liabilities under “law.”[i]

  1. The “Major Political Parties” defined by IC § 3-5-2-30, and by which there can only be two, is by far the most empowered class. Only MPPs can have poll clerks, election sheriffs and other election officers, and have members on election-related commissions.  MPPs have the easiest, and in most cases, automatic ballot access in at least one election per cycle.  Few races require ballot signatures.  Only MPPs have actual ruling power granted to them (for example, appointment to the Indiana Election Commission IC § 3-6-4.1-2, Recount Commission, etc.).   At present and for the foreseeable future (see #2 below), only MPPs get the extra public exposure, debates, taxpayer paid promotion and primary elections to put the imprimatur of legitimacy and favorable odds on their candidates.  To be crystal clear – the MPPS are exactly and only the Democratic and Republican parties – which are, in Indiana, only recently incorporated (Indiana GOP incorporated in 2005) quasi-chapters of the national, private 527 corporations.
  2. The second class defined by IC § 3-10-1-2 is hypothetical, since it would be any non-MPP political parties whose candidate for Secretary of State received at least ten percent of the votes cast in the previous election. That’s not just a difficult thing to achieve for a “third party;” it’s an odd, artificial goal for a political party where other offices would be considered much more important and ideologically relevant.  While no such parties exist in Indiana, second-class parties could have precinct committeemen, and participate in publicly funded primary elections.
  3. Members of the Indiana Libertarian Party are the only people to have made the third class of citizens.  They have automatic ballot access by having maintained at least 2% of the General Election vote in the Secretary of State Race.  In some ways, third-class people have the easiest path to getting on the General Election ballot.  But they cannot participate in primary elections, or have the officers/organizational advantages and governing powers of the MPPs or 2nd-class parties.
  4. In 1993, IC § 3-5-2-5.5 created the class, “Bona fide political party.” This includes the first-through-third classes, but also grants another class that allows a party its own poll watchers, and provides it certain election/voter-related information.  It is very difficult for them to get on the General Election ballot even in local races, as their hurdles are very greatly higher than the 3rd-class citizens’.  Their ability to participate in elections (debates, media, any public exposure), either General or Primary, is extremely limited.
  5. All other political parties fall in the 5th-ranked citizen class. There are many of these, but entirely out of the public view except in local races or as write-in candidates.
  6. Independent candidates cannot possibly participate in primary elections, even if they can overcome the obstacles both put in their way, and doubled in severity through the past thirty years (double the ballot signature requirements for example). Independent candidates face more hurdles than even 5th-ranked citizens, in some ways.
  7. Write-in candidates are those who failed to meet the requirements for ballot access in any of the previous classes, though there is overlap with the 5th and 6th-ranked classes. Though it’s not supposed to happen, votes for such candidates have often been thrown out in my experience (my own write-in votes, for example).  It’s very unlikely that these candidates would ever be listed in any candidate information guides, let alone be able to participate in candidate debates and media interviews.

 

Primary Elections:

The primary election system in the USA was promoted by the “Progressive” movement (they were NOT Democrats then!).  The first statewide primary election was in Florida, in 1899; but not all states have them for all elections even today.  Most states didn’t until the 1970’s, when their importance and power to the Democratic and Republican parties increased dramatically.  The point here being that primary elections are recent inventions…not at all part of the constitutional design, or even universal today.

  1. IC § 3-5-1-2 defines the purpose of primary elections to choose the following:
    1. The candidates who will be the nominees of a political party for elected offices in a general or municipal election.
    2. The precinct committeemen of a political party.
    3. The delegates to a political party’s state convention.
  2. IC § 3-5-3-7 (and others) require that taxpayers bear the full cost of primary elections.
  3. Primary elections provide benefits (debates, public exposure/advertising, listing in election reference sources half a year before other candidates) to only participant candidates and parties, which creates both relative and absolute disadvantages to all other candidates and parties.
  4. “Blanket primaries,” which offer the most options/choice to voters in selecting candidates, have not existed since 2003, when the SCOTUS decided that primary elections are for parties allowed to participate in primaries, and not for voters.
  5. Many candidates have no primary challenger. In these cases primary elections serve only the purpose of promoting candidates; not selecting them.
  6. The whole purpose of a political campaign is to gain public exposure and the imprimatur of legitimacy offered in debates, public media and recent expectations of a “Two Party System.” The extended campaign cycles resulting from taxpayer-funded primary elections are worth more promotion money than most candidates can ever raise.

Issue: Indiana’s Constitution plainly forbids the separate classes of citizens under law.  The violation of Article I Section 23 by Indiana’s election/ballot laws provides benefits to only the politically favored class, and at the expense of everyone else.  The unconstitutional Indiana Code that created and maintains the anti-competitive entrenchment allows only Democrats and Republicans to write the rules, enforce the rules, and count the votes…all at taxpayer expense.

Rule: 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.”liberty

Summary: Article I Section 23 was enacted largely to prevent corruption, anti-competitive favoritism, and government-entrenched monopolies.   Indiana’s recent election-related codes reward corruption through institutionalized favoritism and government-entrenched monopolies.

So, we need a court case.  Maybe an amicus brief.  Maybe ask for summary judgment.  If we had enough people to make it happen, a big honking jury trial with plaintiffs and damages and media and a movie starring only liberty-leaning stars from Hollywood to Bollywood.  But more likely, a multi-step legal challenge in Indiana (where we’ve got just about the worst ballot access rules, but one of the very best state constitutions) where we’d almost certainly lose the first round, but end up in the state Supreme Court with a more publicly visible, and maybe even winning case against what plagues us all.

But that’s up to you.  Whatever we do, we need more people than just me fighting this.

 

[i]Article I Section 25 nullifies any Indiana law depending upon any authority but the Indiana 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.”  If there can be no such law, there can be no judgment or executive action favoring laws that cannot legally exist.  Article I Section 25 is an absolute ban on any government action exceeding the limits prescribed by the state’s constitution.

Constitutional rule of law is Intelligent Design.

Constitutional rule of law is not about procedures.  It’s Intelligent Design.

I wrote the following for the Indiana Policy Review.  It’s in their Summer Journal I’m posting it here partly because the gob-smacking ignorance on display for the upcoming Presidential election is so culturally, economically, physically and spiritually destructive that I fear we are doomed.  Here is my cry for help, and an offered solution.


Orwell was right.  “Every generation imagines itself to be more intelligent than the one that went before it, and wiser than the one that comes after it.”  So it’s natural that people today think our nation’s founders were not just slaveholders and sexists, but also idiots.

However, before we eliminate the Electoral College, grant illegal aliens the legal right to vote, lower the voting age again, try to push authoritarian socialism and global domination as good ideas and censor any alternative views, let’s humbly consider that human societies have a 100 percent eventual failure rate.  And perhaps we should review what each of our increasingly intelligent and decreasingly wise generations have already dismissed from the founders’ intents before we flush the rest.

The whole point of the state and federal constitutions was to keep government local, and keep it on a leash.  Voters were supposed to have all the information necessary to make wise choices, and those choices were to be in plain sight and locally accountable.  No secrets, no off-menu selections. Our founders almost universally feared the mob-thinking of democratic processes, and the inevitable centralization and concentration of power that would ensue should citizens be denied information or choices by a ruling elite.

Voting was never about hiring politicians.  Rulers hire themselves if you let them.  Our elections were intended as a means of peaceful revolution, so that we didn’t have to have the other kind again.  A vote is a weapon of self-gundefense, not a poker chip in a game of odds

Similarly, the early militia system, as opposed to a permanent professional standing army, was not only seen as the most potent self-defense, but also a deterrent to foreign war, since every voter would have to personally participate in any violence our government desired.  Only congress was empowered to declare war, because we could vote away the House reps every two years.  Senators were supposed to be appointed by the state legislatures as safeguards on state authority, and states controlled the militia until and unless an actual declaration of war was enacted.

This is important.  The U.S. Constitution’s Article 2, § 2:1: “The President shall be Commander in Chief . . . of the Militia of the several States, when called into the actual Service of the United States.”  And the President was called into that service by only a congressional declaration of war. Until and unless that happened, Article 5, § 12 of the Indiana Constitution applied: “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.”

So we were to have a republic comprised of sovereign states and empowered individuals, not an almighty central government restrained only by majority votes, because as John Adams pointed out, “. . . democracy never lasts long. It soon wastes, exhausts, and murders itself.”

The Texas constitution’s Article I, § I says it well. “Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.”

But we significantly lost that republic during and after the Civil War, when many state constitutions were amended or newly drafted to transform them into administrative sub- units of Washington, D.C., or even worse.

This is from the Nevada State Constitution: “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 [my emphasis] 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. . . . 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.”

That’s not Patrick Henry talking there.

We formally lost the citizen militia in 1903 with the Dick Act, which “federalized” the militia. We lost the whole point of bicameral congress in 1913 with the 17th Amendment, when state governments lost their representatives in the federal government. By the 1930s, leaders as diverse as FDR, Prescott Bush, and W. E. B. DuBois heaped praise on the fascist despots of Italy and Germany, and made authoritarian National Socialism, “progressive.”

In 1947, the National Security Act created the Central Intelligence Agency, terminated constitutional declarations of war, and overturned most of the founders’ strongest protections against corruption and eternal warfare.

Also around that time and through the 1970s the rapid expansion of Primary Elections started legitimizing “Major Political Parties” as only two private clubs — the Democratic and Republican Parties.  All independent and so-called “Third Party” candidates faced increasingly difficult ballot access and election-related rules that didn’t apply to members of the favored clubs.

Until the 1936 presidential election, the name of each presidential elector candidate appeared on the Indiana ballot.  However, the Indiana Code prohibits the names of the presidential elector candidates from even being listed, let alone being chosen by those who’ll have to live with the results of the electors’ decision.  Only political parties and candidate committees can choose Indiana’s eleven electors. 

And since each state’s number of electors is derived from census numbers, you can see why many want to not only let illegal aliens vote, but also count all non-citizens as citizens in the census for the purpose of both more power in the U.S. House of Representatives, and more electors; like the generally misunderstood “three-fifths” rule that gave southern states unfair representation in the early U.S.

Many defenders of the Electoral College believe that this is the key purpose of the college — to give each state fair standing in presidential elections.  

But the true purpose is much further from the current collective mindset than even that.  While under the banner of today’s “democracy,” the majority of votes or the greatest biomass of voters is seen as the equivalent of wisdom, presidential electors were intended to reduce the influence and unwise decisions of the most ultimately powerful, but fickle and uninformed body politic — average voters.

By definition, of course, half of us are below-average intelligence, wisdom and knowledge, with many others comprising the majority probably misinformed, and unlikely to make the best choices for the most powerful single person in U.S. government.

Ouch. That sounds pretty insulting to modern ears, no doubt. But judging by our debts, endless wars, increasingly hostile internecine and tribal divisions, and obviously destructive corruption and espionage, maybe the founders weren’t the idiots.

I’m pleased that our young have mostly stopped eating Tide Pods. We can learn.

I suggest we learn what earlier generations considered intelligent, and wise, and put those lessons to work.

The constitutions, state and federal, as imperfect as they may be, are not about procedural minutiae, or partisan games. They are the practical design for individual freedom, security and prosperity, proven to be better than anything any nation had signed into law before or since.  Our current events prove that our founders, however flawed as people, were far more prescient, intelligent and wise, than wrong.

 

 

Tribalism Sucks

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Unless you wear a MAGA hat to bed, you know our government is headed in the wrong direction.  Unless you’re crazy, you know our government is corrupt.  Unless you’re a genuinely rotten person, you want much, much more peace, prosperity, security, and doggone it…freedom, for both yourself, and all your fellow citizens.

But unless you’re in the less-than-10% (typically more like 3-4%) who ever vote for third party or independent candidates, you chose this complicated, legalistic/ rule-fraught, unfair, dysfunctional and globally violent corruption. All of it.

I don’t mean to be an insulting knowitall, but this is very simple in a nation with elections:

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Either you use your power of peaceful revolution to oppose what’s not working and replace it with new guards for our future security, or you’re actually supporting the bad guys. If you’re not actively firing the bad guys with your vote, you’re as much as hiring them; either by direct choice, or in vapid inaction.

Now you may not disagree with that last paragraph. That may be while you’re still reading.

But there’s also simple logic in determining just who the bad guys really are.

And that is likely where 90% of voters will disagree.

Our constitutions were written in large part to prevent politicians from granting “to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.” (Indiana Constitution Article I Section 23)

This applies to everything political; from fair trade, housing and corporate laws to …ballot access.

Yet everyone with a living brain cell knows that our political scheme is all about special deals for special people.  Politically favored corporations get special rules that ensure protected profits without fear of competition.  Politically favored people get special legal/tax exemptions, or Get Out Of Jail Free cards.cropped-liberty

I contend that a fundamental part of the problem is the recent, self-appointed, tribal, monopolistic and genuinely stupid “Two Party System.”

Since WWII, and mostly since the 1970s, and varying state-to-state …ONLY Democrats and Republicans can be on election-related commissions, and have special election status that grants them more money, more ballot access, and more power in government.

Not only have these private clubs granted themselves special powers, but they have also imposed special hurdles and handicaps on any group or individual who’d challenge them.

Most of us understand that if there was by law only one manufacturer of coffee, or shoes, or cars, that costs and quality would be horrendous.  Most of us could imagine that even with two options, there’d soon be so much collusion and price-fixing to squeeze out any other competition that, in effect, there’d really be only one option with two faces.  Many of us disdain the rapidly clotting mergers of media, pharmaceutical and healthcare empires just the way many thought it right to bust up the old monopolies in telephone and power service.

And all of us benefit from the profusion of choices in food, clothing, electronics and other, relatively lightly-regulated industries.

So what’s up with the “Two Party System?”

Not only is it not ordained by constitutions, the Bible or physics, it’s actually anti-constitutional, by both state and federal constitutions.

You’ve got to be blind and deaf to miss the collusion and corruption of this monstrosity. You’d have to be either part of their crony crime ring, or crazy, to actually like this almost-universally-detested tribal ruling class.

TheEnemyBut you’d be a rare and precious person to actually vote against it.

I’ll just say it. If you vote for any part, any candidate of the Two Party System, you’re at least sustaining the problem.  Even the best (D) and (R) candidates represent the false hope of fixing a tribal system that doesn’t want to be fixed, and is well-organized against anybody who’d try.

More to the point – if you never vote for any alternatives to the status quo power structure, you ARE the problem. 

All the issues of incumbency – entrenchment of power and money, influence of monied connections, corruption – that goes double for political parties.  While politicians eventually die, their power structures too-often live on…and on…and on.

It’d be simple and easy to fix it all.  But you’d have to:

1. Understand the problem, and

2. Change your choices.  YOUR choices.

Come one, my fellows and friends. We’ve all but ended institutional slavery. We’ve extended the vote to every citizen (both living and dead, along with non-citizens, too…but that’s another story).

Nearly everybody says, “I don’t vote for the party, I vote for the candidate,” and up to now, they’ve mostly been lying.

Nearly everybody says, “Yeah, but look at the choices they give us…” as if we have no choice in that.lucy-charlie-brown-football

Well-over 90% of us keep doing the same stupid thing and never see the connection between bad choices and bad outcomes.

What’s really sad is that there are just as many great people as ever.  Many could be Founding Fathers (and founding mothers and/or non-binary whatevers) of a new and better age; learning lessons of the past and creating a better future.   

It’s just that now such people are pushed aside in favor of body-painted tribal savages and criminal clowns.  Too few ever throw their own hat into the ring, and yet love to complain.

So let’s snap out of that and finally use our votes as intended…as weapons of peaceful, orderly revolution, and end the rule of clans and tribes and gangs at last.