INDIANA RESOLUTION of 2009?

OK, so this is yet another final blog.  So forgetting, for the moment, what’s likely to happen to the Great Experiment within the next ten years (when maybe we’ll be blogging on stone tablets again), here’s how I think things generally go, specifically what happened here, and what to do about it if we’ve any sense left. 

You see, it is the nature of human governments to become ungoverned and oppressive.  Our default state is sin, slavery, genocide and war, after all.  Our nations’ founders knew this and devised a limited, federal form of government with divided powers opposed by checks and balances…and they wrote down the laws in plain speech to be read, understood and obeyed without exception.

With a few notable and sometimes ghastly exceptions (hey, we’re a bad species), it worked better than anything before or since.  But as with anything good, decay was inevitable on this fallen world. 

In terms of rate of improvement (rate of increase of standard of living, leisure time and productivity; rate of reduction in working hours, disease and hunger) the USA reached its peak around 1912, started leveling off and then reversing thereafter.  I think that this is because Jim Crow and “big government” in the form of modern socialism was just then really taking hold.  But I believe the point is that previously, most Americans were simply left alone such that they could seek their own success unimpeded.

But Americans are now working longer and harder (20% longer hours with 2 weeks shorter vacations just since 1979) for less and less while the government takes more and more.

The Land of the Free now has the world’s highest percentage of citizens in prison. The Home of the Brave now has more lawsuits than all the other nations on earth combined

By September 11, 2001, we are told, it took only a handful of men armed only with box-cutters to topple our house of cards and make us fundamentally change our notions of freedom and global citizenship.  

The USA hasn’t legally declared a war since WWII.  US Rep. Henry Hyde said that the constitution is, “Inappropriate, anachronistic, it isn’t done anymore.”  So we’re now warring in clear violation of Article I, Sections 8:10, and 10:3 of our U.S. Constitution as a “humanitarian” effort to spread Freedom and the Rule of Law while we have given up those things here at home.  

Why do we tolerate this?

The signers of the Declaration of Independence believed “…All experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

Yet they also insisted that governments derive “their just powers from the consent of the governed.” 

So, “whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

It is time to do something, certainly.  Fortunately, in this country there are precedents for peacefully reasserting the U.S. Constitution and Rule of Law. 

In response to the Alien Act and Sedition Act, the legislatures of Kentucky and Virginia passed resolutions in 1799 demanding that government keep the terms of its contract (the U.S. Constitution).

From the Virginia Resolution: “…this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.

 

From the “plain sense” of the Constitution these men insisted that “…the Liberty of Conscience and of the Press cannot be cancelled, abridged, restrained, or modified by any authority of the United States.” 

 

This is quite opposed to the ruling by District Court Judge David Hamilton that prayer and speech in the Indiana General Assembly must be modified, restrained, abridged and cancelled.

 

The signers of the Kentucky resolution declared that “…if those who administer the general government be permitted to transgress the limits fixed by that compact,” that it would be their duty to nullify the union.

 

In other words, while the ink was still wet on the U.S. Constitution, some of our founders (notably Jefferson and Madison who helped author the Kentucky Resolution and Virginia Resolution) sensed infractions against the contract and demanded redress.

 

Just a few years later however, in 1803, a mostly harmless ruling in a minor issue became a major problem. 

 

In Marbury v. Madison, The Supreme Court under Chief Justice Marshall decreed that the Supreme Court’s power to issue writs of mandamus, as granted by the Judiciary Act of 1789, were unconstitutional.   In other words Marshall used the Constitution, as written, to restrain another branch of federal government (the heart of the case) as well as his own court.  This much was proper. 

 

And in context, it was proper for Marshall to say, as he did, that “It is emphatically the province and duty of the judicial department to say what the law is.”

 

Sadly, those words have been taken to mean that the Supreme Court is empowered to change the meaning of the Constitution; and that is not what the founders intended, or what Marshall meant.

 

Civil law means what it says, and judges should say so.  But the power to “interpret” law as anything other than what was intended by congress was never given to courts by the U.S. Constitution.  Only common law is determined in court; so what Marshall said would have a power grab, and probably would have been stopped…if it weren’t for the fact that Marshall himself knew better than what we’ve made of his words.

 

For he also said in that same ruling that “…the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument.” 

 

The civil law of the constitution was exhaustively explained in the Federalist and Antifederalist Papers, Madison’s Diaries, letters and books written by the men that wrote the Constitution itself.  No interpretation is necessary or legal.  We can change it or obey it; nothing else is legal, and nothing else works.

 

That is, after all, the Rule of Law, right?

 

Yet with Marbury v. Madison began a long, but initially very subtle and slow train of abuses and usurpations by the judiciary that we must now correct. 

 

Because as the inevitable result of the statement, ““It is emphatically the province and duty of the judicial department to say what the law is” came the famous question, “It depends on what the meaning of the word ‘is’ is.

 

This is the backdrop for what I’m proposing for an Indiana Resolution.  

 

We have foolishly asked politicians for new laws, new restraints, when the whole of the problem is that politicians completely disregard law and anything like restraint.

 

Perhaps it’s too simple.  Perhaps it’s that we’ve no experience with governed government.  Whatever the case, since 1799 we have never demanded that our politicians simply obey the written law, as written.

 

So here’s what I propose:

 

Indiana Resolution

 

WHEREAS

James Madison and Thomas Jefferson understood the letter and intent of the Constitution for the United States of America;

 

These men, working on behalf of the states of Virginia and Kentucky (respectively) authored the “Virginia Resolution” and “Kentucky Resolutions” of 1798 to 1799;

 

The legislatures of the states of Virginia and Kentucky passed these resolutions less than ten years after their ratification of the Constitution for the United States of America, affirming those states’ understanding of the letter and intent of that contract;

 

That this Indiana Resolution affirms the plain sense of those resolutions insomuch as:

a. The States are the owners and defenders of federalism.

b. The Constitution for the United States of America is a contract to be obeyed as written.

c. The federal government has no legal right to exercise powers not specifically granted to it by the Constitution for the United States of America.

d. Any powers exercised outside constitutional authority are legally void, and should be allowed no force or effect.

 

RESOLVED

That the General Assembly of Indiana, having sworn or affirmed oaths to support both state and federal constitutions, does unequivocally support those contracts;

 

That the powers not unambiguously and specifically delegated to the United States federal government by the Constitution of the United States, nor prohibited by it to the states, are held by the states, and/or by the people.

 

That the states who form the union and who in compact validate the US Constitution and the federal government thus formed, being by the US Constitution both legally independent and sovereign, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy.

 

That the Governor be asked to transmit a copy of the foregoing Resolutions to the President of the United States and to the Governor of each of the other states, with a request that the same may be communicated to the Legislatures thereof; and that a copy be furnished to each of the Senators and Representatives representing this state in the Congress of the United States.

 

 

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John Stossel is an American Hero.

I wish I could be a tenth as effective as a Free Market missionary as is John Stossel.  Here is a video that you should watch with your kids, neighbors and coworkers.  It’s excellent.  You can also watch this 20/20 piece, “the Politically Incorrect Guide to Politics” as a six-part YouTube video.

Just do it.

 

Journalists for Medical Experiments?

In an 1873 speech Mark Twain called journalists ““…a horde of ignorant, self-complacent simpletons who failed at ditching and shoemaking and fetched up in journalism on their way to the poorhouse. In that same speech he also said, “There are laws to protect the freedom of the press’s speech, but none that are worth anything to protect the people from the press.

 

Why do I mention this now?  Oh, I don’t know.  I just think Twain was a very interesting fellow, that’s all.  Certainly, I’d never say anything so rude about the big-corporation/conglomerate-owned, politically enmeshed, 49th percentile press of today.  Certainly not.

 

On a completely unrelated subject, certainly not connected in any way to the previous Twain quote, I had another press conference today.  No reporters showed up, though FOX did at least send a cameraman.  It seems to be the thing in this election season.  I had one press conference to which no media showed up, but WIBC later did a report on the subject.  That was the best coverage I’ve gotten so far from any major media outlet since our July 4 event, which was dismissed as a “small crowd of tax protesters.”

  

 

Not in many years have I felt so shut out of the democratic process by our media gatekeepers. 

 

Why?  Have we given up hope of a Cinderella-story or a come-from-behind victory?  Are we thinking we have too many choices in the voting booth this year?  Are voters just so terribly satisfied with the entrenched powers that be? 

 

Surely it must be something like that.

 

Because in very public places with lots of witnesses, I’ve proposed a moratorium on speed traps until our government gets some of its lawlessness under control.  I’ve proposed completely eliminating personal property tax.  I’ve proposed eliminating the CPS/DCS child-snatching bureaucracy and replacing it with Rule of Law (no child is taken from a parent without a criminal conviction by due process).  In fact, I’ve proposed leashing our government from top to bottom to the laws to which all policemen, politicians and even new citizens swear an oath of support.

 

I’ve proposed, in other words, a complete, stem-to-stern, Indiana to Washington, D.C. overhaul of government according to the proven principles and practices that once made this nation the most prosperous, free and secure nation of all time.

 

I’ve even called politicians criminals in violation of their oaths and the laws that protect us from them.

 

Does any other gubernatorial candidate have any proposal, statement or fact to trump that?

 

No reporter ever showed to any of my press conferences, but I’ve heard an awful lot about JLT’s “Green Jobs,” against “Our Man’s” supposed job creation record.  If Mitch says something, the media folk ask Jill what she thinks about it.  If Jill sneezes, they ask Mitch if he’ll say “gesundheit.”

 

There are only THREE candidates on the ballot.  Would it be so hard to throw in a mention of that guy with all the proposals and facts and such?

 

Apparently it is too hard for our understaffed, overworked journalists.  So every day I have to answer the question posed by voters, “So with all these proposals and facts and such, why haven’t I heard of you before?”  This puts me into a bit of a mood, I confess. 

 

I do have several friends even in the big-corporate media, and my heart goes out to them.  They’ve got it tough these days with all the buyouts and mergers and layoffs.  Certainly, their corporate bosses have an agenda, and they’ll get the boot if they run afoul of that robbing-Peter-to-pay-Paul agenda.  You have to be an extraordinarily brave soul to risk losing your job for a mere trifle like the truth.  

 

Nevertheless, I sure wish y’all would write letters, make phone calls, or do whatever you can to make the media work for you instead of for the entrenched powers.  Remind journalists that you can either buy their product…or not.

 

On another unrelated subject, I’m reminded of the Norwegian playwright Henrik Ibsen, who once wrote, “It is inexcusable for scientists to torture animals; let them make their experiments on journalists and politicians. 

 

Ibsen was an interesting fellow.

 

 

So are you Peter, or Paul?

Imagine some smooth huckster ignites a salvo of “robbing Peter to pay Paul” and Ponzi Schemes so extensive (and propagated at times with force) and that become so successful, that the originator is not reviled, but is in fact revered in history books. Over time, several other hucksters pick up the gambit, add to it’s complexity and breadth, and keep it going over generations until essentially the whole nation is suckered in up to our eyeballs. 

What if these schemes invoke so many moral hazards that they’ve changed the way we build cities, where we live, which businesses succeed (rarely) and which fail (ever more frequently), and how we care for people from birth to after death.  Imagine the scams have destroyed public transportation, education, healthcare and the family farm.  They’ve sapped our entrepreneurialism and individualism.

On the eve of the scheme’s collapse, some people learn what it’s all about.  What’s to be done, they wonder?  What should the government do?

Well, you know you don’t need to imagine.  The schemes are real, and we’re on the eve of their complete collapse.

Apparently, the government’s first thought is bailout.

I say it’s time we end the scams instead.  No more bailouts.  Freedom to succeed requires freedom to fail. 

And who’re we kidding; bailouts have always saved the rich at the expense of the poor and middle class.  That’s wrong.

Let risk-takers assume their own risks.  Let us keep what we earn, take risks as we see fit, and succeed or fail on our own merits, hard work, and prayers.

Let’s govern government.  Get it off our backs and out of our faces so that we can stand tall and be the Americans we once were.

As a newborn nation we whupped the global superpower not just once, but twice.  Unleash John Wayne.  Leash politicians.  That’s America.

Our ancient habit of failure

I am running for the constitutional office of Indiana Governor.  That job is all about governing government, not governing you. 

The good news is that I am running for that office unopposed. 

The bad news, however, is that the overwhelming majority of voters don’t care about constitutions, and will almost certainly choose a “Governor” who’s job and powers are unrestrained by any laws, or even customs.  I don’t blame the candidates for that.  No, I grieve for what it says about just who Americans have become.

Despite Obama’s lofty rhetoric about “the American spirit,” modern Americans are no longer the self-governed patriots who kept their politicians on a leash, and who placed their trust in God instead.

Nope; just as foolish, barbaric people have done for thousands of years, we have once again bowed low to the Golden Calf of State.  We are not the Land of the Free or the Home of the Brave.  We are the Land of the Fearful, and the Home of the Dependent.

In other words, we vote for, and bow to, human kings.  Minor kings, major kings…their power is limited only by the king(s) above and the tolerance of oppression below.  Our tolerance is nearly unlimited, and their kingly power reaches into every aspect of our lives in a most destructive way.

They tell us what we can and cannot eat; who and how we marry, hire, live and die.  They take our money because we think they know best what to do with it, and they decide who works, how we work, and how much our wages are worth. 

Of course with that power comes a lot of greed, deceit and supplication. 

This is where the Golden Calf thing becomes truly grim – because such a political faith/ religion requires priests that today we call “lobbyists.”

As with the ancients, it’s all about robbing Peter to pay Paul, once again.  And your job in this Brave New World is to do whatever you can to be more Paul than Peter.  You join or form a special interest group in order to collectivize your power under a lobbyist to get a piece of the pie.  But as more special interest groups are formed and start their battle for the best priests and the best parts of the pie, the Golden Calf itself and the priests who serve it take a bigger and bigger cut.  The pie itself gets smaller through corruption, your piece of it becomes a smaller percentage; so you work harder and harder for less and less until, ultimately, the bread and circuses don’t work anymore, and the whole thing topples.

I’m afraid that our triune Golden Calf god (comprised of Democrat, Republican and Federal Reserve Bank) has won another, perhaps final victory over us.  Obama has turned away fears of his arrogance and terrorism ties with a really good speech (is a teleprompter another sort of god?  Hmmm.); and McCain has brushed aside conservatives’ righteous disgust with a pandering pick for Veep. 

(She’s a fine woman, and if she were the GOP’s pick for President, I’d think a lot differently about this election.  But they’re suckering you in knowing you’ll hope McCain dies or something.  Don’t fall for it.) 

You’re not even voting for President these days, you know…you’re now voting for his funding mechanism, his entrenched party’s leaders, and a system gone terribly, tragically wrong.

So I’m guessing that once again, we’ll vote the way we’ve been voting, and the Golden Calf will grow bigger, fatter, hungrier and more oppressively intrusive until, maybe 18 months from now, you’ll see just what the Federal Reserve and all our new debt instruments (credit cards, 40 year mortgages, etc.) have really wrought.

Disaster.

Please turn us away from this ancient pattern of destruction.  Demand Rule of Law under the state and federal constitutions which are already law and have been proven to work better than anything else ever tried.

Don’t let us fall back to ancient failures older than Hammurabi.  Don’t let them tell you that their schemes of shifting more power into fewer hands is “modern” or “a fresh start,” when it’s as old as the fall of Adam.

Do you want change?  Well, you’re headed for it one way or another.  You can choose change that goes the way of all fools, or you can do better.

Choose wisely.

 

No More Speed Traps Until…

Who: Andy Horning

What: Polishing the Badges of State Power

When: Thursday, August 28 at 6pm

Where: FOP Lodge 100 – 4711 Middle Road, Jeffersonville, IN 47130

Contact: Andy Horning; http://www.horningforgovernor.com/

 

 

Restoring Legal and Moral Authority

 

Jeffersonville, Indiana –

I apologize for the late notice.  But don’t let the impossibility of attending this event bother you; I’ll go anywhere anytime to talk about this with anyone.  Call me on the phone.  Show up at my door.  This is important.

– Because our crime rates are rising…within our own government!  Judicial misconduct, bad cops, jury tampering/abuse, school building scandals (e.g., AEPA/Tremco no bid scheme), and of course lawmakers are breaking laws at every level and in every significant way.  As our government has broken the laws that protect citizens from oppression and war; and as citizens lose their jobs, homes and even lives for no good reason; it’s time to take a stand for justice and decency. 

Our government surrendered the moral authority to lay traps for decent citizens when politicians have trampled their own legal authority -the state and federal constitutions. 

I propose we stop issuing unmarked cars (like hot rod Mustang Cobras) at once.  I propose we stop entrapping and extorting citizens with speed traps and “infraction deferral” programs until our crime rates (civilian and government crime) are substantially reduced.

We must stop putting our police into ever-more adversarial roles against our citizens.  We must allow them to protect and serve instead.  And we absolutely must restore respect for law and order by policing our police and by governing our own government at last.

 

 

 

###

Andrew Horning, Libertarian for Governor

Freedom, IN 47431

andrewhorning@hotmail.com

http://www.horningforgovernor.com/

Thoughts on the Presidential Election

Enough with the strategizing, poll-watching and fears of “the wasted vote.”  Here’s what each Presidential Election vote really means:

A vote for Obama:  Nothing.  Everybody hates George Bush.  If you think that your vote is finally putting racism behind us, you’re wrong.  Very wrong.

A vote for McCain:  This vote shows that you are a battered-spouse Republican.  The GOP can do anything to you and you’ll come back begging for more.  You are more than masochistic, however; you’re damaging yourself, your party, and all of your neighbors.  Stop.  Take a deep breath.  Seek help at once.  On the other hand, if you’re a Democrat voting for McCain, I have to say that you’re pretty clever.  …Kill the enemy from within, and all that.

A vote for Nader:  You’re an ardent socialist/collectivist of course.  You are aware that the major party machines are bad, and that “special interests” are problematic, but you don’t really understand why that is, because you flock to special interests yourself.  You may even want to shoot gun rights activists.  You’re a little confused, but you’re not really hurting anybody with your vote.  It may do some good, in fact.

A vote for Baldwin: You are a fine person, and I would like to know you.  You really want the constitutions/ Rule of Law, and are willing to write in a vote that may not even get counted (yes, our elections are rigged to a degree).  You have my respect.  I know I’m running as a Libertarian but I confess I’m conflicted.  I really like this man a lot.

A vote for Barr:  You’re sick of the entrenched and corrupt major parties, and are making a stand for the constitutions/ Rule of Law.  This vote will be counted, and the major parties will be watching with sweaty palms.  Good for you.  There’s lately been a very unfortunate, mishandled misunderstanding and miscommunication between the Ron Paul/Chuck Baldwin  and Bob Barr camps, and that has me even more confliced.  Haven’t we conservatives divided and conquered ourselves quite enough? 

<Sigh>

 

No more fooling.

The saying goes, “Fool me once, shame on you; fool me twice, shame on me.”

Well, after a hundred years of continuous betrayal, I think that anybody even contemplating any vote for the fancypants, entrenched power parties has got some ‘splainin’ to do!

It’s as simple as this:

We’ve left the major parties alone with power for too long.  They’ve felt unaccountable because they’ve been unthreatened.  And just as “Fear of the Lord is the beginning of all wisdom” (Prov. 1:7), fear of its citizens is all that keeps a government from becoming the oppressive, enslaving, genocidal monster that is its natural, default state.

Here is, I think, a good summary on the nature of power in politics (brilliant, in fact).  But the bottom line is that it is time to show some tough love; or, if that doesn’t work, some hard-nosed determination to put a leash back onto our junkyard-dog government.  It’s time to make politicians obey written laws as written, or it is time for us to go the way of all foolish nations.

We must choose which it’s going to be.

Don’t give me that “incremental improvement” stuff.  It’s not working.  Don’t ask for Term Limits when we vote for incumbents 98% of the time.  Don’t whine about “the effect of money in politics” when we vote for it almost all the time, and call people like me “underfunded.”

There are no shortcuts.  No easy ways out.  There is no strategy, there are no tricks.

Choose.

 

 

 

Would you like to be frightened?

My previous blog contained what I think is an interesting, informative graph.  Here’s one, on the other hand (here’s the article it came from), that does more than sate a little curiosity.

If graphs could bare fangs and snarl, this one would:

Uh oh...

Uh oh...

What always happens after a graph does this?

My friends, we don’t have a lot of time to put this right.  We’ve already waited too long to avoid pain.  We must, if we care for our children and our children’s children, govern our government.  We must radically, constitutionally chop political powers, agencies and “services” if we’re to keep this nation out of the hands of tin-pot dictators or collapse.

The constitutions, as written, would work.  What we’re doing now is not working. 

Please do remember that when it comes to human governments, failure is not just an option; it is a certainty.  Let’s try to put it off for a little while, at least, as societal collapse makes a horrible mess.

 

Brutish Simplicity, Dumbed-Down

Alright alright alright.  I get the message.  Nobody wants to read the constitutions.  I need to resolve what I’m about down to three points and they’d better be simple.  OK, I get it.  So here’s as simple as I can make it in just three points:

  1. I would cut stuff from government.  A lot.  I’ll cut something you think we need.  I’m asking you to trust that we don’t really need it.
  2. So all taxes will go waaaaaay down.  You will like that. 
  3. It’s all written down here.

If you have questions, ask them.