Conspiracy Theories aren’t as scary as The Truth

For Immediate Release
Contact: Andrew Horning
Libertarian candidate for IN08

30 September, 2022

Freedom, IN – For nearly 30 years through think tank articles, newspaper columns and blogs, and well-before I started organizing protests and running for public office, I’ve been writing about the problems that had already been dividing and threatening this nation’s future. And I’d been proposing solutions, ones that had already been amply proven a hundred years before I was born, to work better than anything else humans have ever tried.

Now, unfortunately, amid massive transgenerational theft, corruption, manipulative promises and domestic militarization that must have our nation’s founders shouting at us from the hereafter, the once brilliant flame of liberty has been replaced by gaslighting and pre-Hammurabi authoritarianism. Our government is both a Big Lie, and our most ominous and existential threat. We don’t have much time to set this right before global conflagration and catastrophe.

There’s no need to detail the lies, the conspiracy facts or the obvious energy, economic, social and moral problems that We The People now suffer. What’s important is to understand that we got here because fewer and fewer among us dare to speak truth to power, far too many are paid to lie, and over 90% of us, both voters, and those who delegate their choice to others, have been voting for this monstrous mess.

The “Two Party System” is a bad game

Any democratic process at all, whether political, business or at home, depends upon good information. Bad or missing information dooms the process to bad outcomes. And our increasingly secret, yet intrusively snooping government has not only paid or otherwise induced people to lie for generations, even well-before and since Operation Mockingbird and Facebook, but has also become a puppet show distracting us from the fact that the people in elected office are not the people running our government.

Most of our citizens have known for some time that our government is corrupt. But how could we know the extent of the corruption, or what to do about it, unless we have more exposure to well-documented yet nearly forbidden information from alternative sources like Epoch Times or foreign media? Political debates are a thing of the past. Most “investigative journalism” has become only a litany of partisan buzzwords and cherry-picked quotes.

So it’s both understandable, and our collective shame, that in electoral politics there is no advantage to being right, and clearly no disadvantage to being wrong. The consequences of that are only now starting to unfold.

But a bigger shame is that our monolithic information, entertainment, education and political systems have so effectively pitted us against each other, that we think we have bigger problems.

We have the power to fix this, of course. But we have to both want to, and vote that way.

Aye, there’s the rub.

https://horning4congress.com/
Liberty or Bust!
Andy Horning
Freedom, Indiana

*See my previous press releases at: https://horning4congress.com/news-media-2/
And please see, “Eight Steps to Success” at https://wedeclare.wordpress.com/2017/12/15/eight-steps-to-success/

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BAD FED! Bad, bad Fed!

For Immediate Release
Contact: Andrew Horning
Libertarian candidate for IN08

28 September, 2022

The Fed caused inflation and now wants more unemployment

Freedom, IN – Andrew Horning, the 2022 Libertarian Party candidate for Indiana’s 8^th district US House, is not the only one who has for decades warned of the dangers of ungoverned government in general, and specifically, a malignant, corrupt central bank that funds it all.

The original design of The Federal Reserve System, while unconstitutional, wasn’t so bad when it’s only purpose was to be the quasi-private “lender of last resort,” and when the US Congress, via the Treasury, was still solely responsible for monetary policy and the issuance of money as constitutionally required. But The Fed grew worse and worse as it became a para-political hybrid, and anti-constitutional scheme, of hidden taxation to monetize political debt, and thus over-mortgage our future. A future, which by the way, is just about now.

The Fed’s stated role is now to control inflation, interest and employment rates. The fact is that their market interventions cause malinvestment through artificial market signals originating with their now complete power over the issuance and value of the US Dollar. The fact is that the Fed admitted to causing and worsening the Great Depression¹, and is about to make that depression look like a minor kerfuffle.
Nobel-Prize-winning economist Milton Friedman said that “Inflation is always and everywhere a monetary phenomenon, in the sense that it is and can be produced only by a more rapid increase in the quantity of money than in output.” All serious economists have understood this for some time. So it’s understandable that Fed Chairs have, up to now, issued cryptic statements about their operations, since they’ve been lying.

Now Fed Chair Jerome Powell has made a clear statement. “There will very likely be some softening of labor market conditions,” and “We will keep at it until we are confident the job is done.” He said this understanding that it will cause a recession and pain with innumerable US citizens thrown into unemployment or early Social Security…which will cost all of us dearly.

This is not just bad economics. This is self-immolation at a time when our culture, our state of law and public trust is already on fire. Agriculture and energy infrastructure is being systematically and globally ruined. Big Pharma and politicians have destroyed public respect for science. We’re heading backwards into Follow-The-Alpha authoritarianism and domestic militarism that predates Hammurabi. This is a pivotal, dangerous, and, well…stupid situation.

For too long, there’s been no electoral advantage to being right, and no electoral disadvantage to being wrong. And for too long there have been too few willing to speak truth to power.

Well, here is some truth. Our government is now our biggest, most existential threat. It’s even worse than the Chinese Communist Party’s ongoing war with us…a war that they are winning, by the way.
We will soon be very sorry if We The People don’t make new choices in the voting booth this November.

https://horning4congress.com/
Liberty or Bust!
Andy Horning
Freedom, Indiana

*See my previous press releases at: https://horning4congress.com/news-media-2/
And please see, “Eight Steps to Success” at https://wedeclare.wordpress.com/2017/12/15/eight-steps-to-success/ and https://wedeclare.wordpress.com/2016/08/31/money-politics-and-central-banks/

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1 In 2002, Ben Bernanke admitted, “I would like to say to Milton and Anna: Regarding the Great Depression. You’re right, we did it. We’re very sorry. But thanks to you, we won’t do it again.”

Press Release: It’s a Red and Blue ping pong game – and we’re their ball.

For Immediate Release
Contact: Andrew Horning, Libertarian candidate for IN08
19 August, 2022

It’s a Red and Blue ping pong game – and we’re their ball.
(…Or maybe it’s Good Cop/Bad Cop. Whatever it is, is tearing us apart.)

A fine game…for them.

Freedom, IN – A little over half my friends and family are loyal Republicans, so I try my best to understand why they’re so faithful to a party that continuously stabs them in the back in lost rights, more violation of constitutional limitations, more authoritarianism, more bad science and corruption from Big Pharma and Big Ag, more spending, more debt, more spying, lying and militarization, both foreign, and domestic.

You can follow the campaign dollars and see why. As long as they get reelected no matter what, they’ll happily take the money and run…all over us.

But I was asked to listen to Donald Trump’s speech at CPAC, since, especially after the FBI raid, he’s once again idolized as the savior of our nation. So I listened. Since I agree that the current leaders of the Democratic Party are barking-at-the-moon nuts, I too am hoping for miracles…other a Libertarian Sweep of our federal government, of course.

Here are my observations (excluding any mention of extreme narcissism and self-aggrandizement):

1. Much of what Trump said of his accomplishments is not true. For example, the spending and debt by his signature ($4.2 trillion spending is worst-ever), as well as the Fed “stimulus” he supported, is more than half the cause of our current inflationary spike. And “the economy” was not even close to our best-ever; even excluding the COVID-19 madness over which he presided. Also, the supposed drop in unemployment was well under way with Obama before Trump took the helm.

1. While he was only partly wrong about the elimination of drug problems in Singapore, his insinuation that we should add death penalties and harsher enforcement of our already unconstitutional “War On Drugs” is tragically wrong-headed.
2. He spoke of “draining the Swamp” as if he hadn’t already had the reason, authority, power and duty to do that already. All Executive Agencies, for example operate and indeed exist under his direct constitutional authority; he should have stopped their anti-constitutional powers and operations, or eliminated the corrupt agencies completely, with one of the few correct uses of Executive Orders.
3. My faithful Republicans believe that ex-POTUS Trump has learned from his past errors, will drain the swamp at last, repair foreign policy, and turn domestic policy and action over to VPOTUS DeSantis… which of course can’t happen.
4. Yet another “red wave” can’t possibly fix anything. If Republican voters once again vote red, the kingmakers, puppet masters, unelected bureaucrats, permanent partisan staffers, National Security State, Mainstream and New Media that comprise “the Deep State” will still be in charge. In fact that crony network would be even more empowered, since Trump said he’d have to ask Congress to do his job of governing the executive agencies. Too few in the GOP have ever read the constitution to which they pledge their support; even fewer understand what it says.
5. Voters can of course clean up this mess, but only by tearing down the Two Party System that is, like it or not, as wholly and irredeemably corrupt as Trump admitted, it is. That swamp is quite able to suppress any attempts to clean house from inside the system that the swamp owns and controls anyway. Only voters can tear away the partisan firewall, expose the puppet masters, and clean up this destructive madness.

I am not unsympathetic. I understand the need to turn from national self-immolation. But the partisan seesaw we’ve played with two parties who’ve acquired increasingly unfair, corrupt and anti-constitutional power since before we got D/R-only Primary Elections in the 1970’s has been increasingly divisive, increasingly corrupt, and increasingly destructive.

“When you see that your horse is dead, dismount” is a fine saying, but it doesn’t go far enough. “Fool me once, shame on you; fool me twice, shame on me” also fails to capture the absurdity of the mess that we keep reelecting. This mess is the direct reflection of We The People. Our government is our avatar. Nothing gets better until we do.

We need a cultural epiphany and reconsideration of who we are, and what the abstraction we call “The United States of America” is all about. We need a revolution that starts in our collective hearts and minds. And we need it fast.

Fortunately, that’s what elections are for. Our vote is not a poker chip. This is no game. We have in our voting arm the power of peaceful revolution. And we certainly need that. Right now.

Each of us also has a voice, people to talk to, and at least a little money to offer to those who really are trying to fight this two-headed monstrosity on our behalf.

We are not powerless. But the historical clock of societal collapse is ticking…

*See my past press releases at https://horning4congress.com/news-media-2/

Liberty or Bust!
Andy Horning
Freedom, Indiana

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Tuì Dǎng – Right here, right now.

For Immediate Release
Contact: Andrew Horning, Libertarian candidate for IN08
thefreedomfarm@gmail.com
11 August, 2022

Freedom, IN – There is a growing movement in China called 退党, or tuì dǎng, which means, “to withdraw from a political party,” or specifically today, to leave the Chinese Communist Party (CCP).

There should be no need to say why tuì dǎng is a good thing in today’s dysfunctional, violently oppressive China. The Chinese people have suffered long enough. But there should also be no reason to detail why such a movement is needed here in the USA.

All of us know that the self-appointed, anti-constitutional, divisive and spiteful “Two Party System” that our founders warned against, is a hot mess. We should be done with the increasingly obvious lies, partisan attacks, militarization of unelected bureaucracies, and all the corruption we were warned about by George Washington, through Eisenhower, JFK, and all the wisest people since 1776.

Who isn’t sick of the embarrassing collusion and tribalism inherent in only two choices? In what other realm of natural or human choice would only two options be tolerated anyway? More to the point, actually, there have never been only two choices! Not legally, or even practically, since there are today hundreds of elected Libertarians in the USA, just for example. We’re only told that there are only two choices by the entrenched crony parties themselves, and their servant media. This has to stop!

There have already been many minor movements away from each of the two puppet parties, and the old media. “Blexit,” “Never Trumpers,” and innumerable fractious factions are already dividing the parties into more siloed factions. It’s time to finish the job, and tear down the whole Two Party System canard.

It’s destructive, no sane human likes it, and it’s going to end – either by rational choice, or in slackjaw surprise when red and blue waves finally sweep away all that was good of western culture.

https://horning4congress.com/

Liberty or Bust!
Andy Horning
Freedom, Indiana

*See “Eight Steps to Success” at https://wedeclare.wordpress.com/2017/12/15/eight-steps-to-success/

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You want term limits? Fire the incumbents and hire a BUNCH of new politicians.

For Immediate Release
Contact: Andrew Horning, Libertarian candidate for IN08
thefreedomfarm@gmail.com
https://horning4congress.com/

July 29, 2022

Freedom, IN – Now that most “laws” are written by unelected bureaucrats and few in D.C. seem worried about our government’s growing power, spending and debt, it seems the only job for US Congress critters, other than naming post offices of course, is to get reelected. And the key strategy to keep getting reelected is to keep your head down, don’t make waves, don’t have any unscripted public appearances, enjoy your new D.C. friends, take the money and run silent, run deep.

But that’s not how any of this was supposed to work!

I used to oppose term limits on the US Congress. But mostly because of unconstitutional state and federal codes that grant unfair power and money to incumbent parties and politicians, I would, if elected, immediately propose term limits (among many other restraints on politicians).

But that wouldn’t solve the problem of politicians who don’t live in the district, and insulate themselves from the people they’re to serve. So I’d also propose we (hang onto your hat) increase the number of US House Reps. far beyond the number set in 1929 based on the 1910 census, but also far less than James Madison’s proposed constitutional limit of, based on today’s population, 66,000!

Hang on. Hear me out…

1. We have the technology to do this. I’ve worked remote since the 1990’s, and many more do today. Consider how much different your access to federal politics would be if your representative was almost always in your district, and geographically much, much closer.
2. A lot of our reps don’t even show up to work even half the time, and there are only from around 160 to 190 days when they’re expected to show up anyway. Being closer to constituents, with less excuse to play hooky, would promote more accountability.
3. Pet pork projects and sleazy behavior would be much harder to sneak past so many more representatives that aren’t so buddy-buddy, and don’t hang out at the same golf courses.
4. Most of Washington D.C. is a theme park for corruption and political puppet masters. We really want to get our representatives out of that town.
5. More representatives would make both the House, and thus the Electoral College, more representative of our population in geography, demographics and ideology.
6. It’s pretty dirt-cheap for large special interests to buy out a majority among only 435 reps. Even the military-industrial and financial complexes would have a much harder time purchasing thousands of reps who lived and worked closer to their constituents.
7. We’d be much more likely to actually know something about the people we hire for the job if they were more accessible to us before Election Day.
8. With a few thousand reps close to home and more accessible, we wouldn’t need so many tens of thousands of new and heavily-armed IRS agents.

https://horning4congress.com/

Liberty or Bust!
Andy Horning
Freedom, Indiana

*See “Eight Steps to Success” at https://wedeclare.wordpress.com/2017/12/15/eight-steps-to-success/ and https://wedeclare.wordpress.com/2016/08/31/money-politics-and-central-banks/

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A Modest Proposal to Fix our Elections

Before you say that resolutions are lame, there are three objectives to this proposal:
1. See just who would vote for fair play, and, not insignificantly, constitutional rule of law. Will they honor their oath of office and keep on their side of the constitutional fence, or are they tribalist hacks?
2. Publicly acknowledge divisive past mistakes, and set a better direction for the state.
3. Most importantly…raise awareness that our elections are unfair, unconstitutional, and unsustainably costly in every way. Most voters HAVE NO IDEA how corrupt and !@#$%?- up our laws really are.

We really can fix this. But first, we need to see a fundamental problem. Read on…

HOUSE CONCURRENT RESOLUTION No. __

Whereas, Article I, Section 23 of the Indiana Constitution specifies that “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,” and Amendment XIV of the Constitution for the United States of America clearly specifies that “No State shall …deny to any person within its jurisdiction the equal protection of the laws;”

Whereas, Article I, Section 25 clarifies that “No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution,” and Indiana Code clearly subsumes itself under both state and federal constitutions in IC § 1-1-2-1;

Whereas, Indiana Code § 3 has over time, created special classes of citizens, with a hierarchy of ballot access and political affiliation rules, varying privileges, limitations or immunities, which, upon the same terms, do not equally belong to all citizens;

Whereas, examples of special class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens are found in IC § 3-5-1-2, IC § 3-5-2-5.5, IC § 3-5-2-30, IC § 3-5-3-7, IC § 3-6-4.1-2, IC § 3-10-1-2;

Whereas, these special classes of citizen with hierarchical rights, privileges, limitations and immunities present under Indiana Code § 3 violate both state and federal constitutional rule of law, as well as fundamental principles of fairness and equality under law;

Be it resolved by the House of Representatives of the General Assembly of the State of Indiana, the Senate concurring:

SECTION 1. That the Indiana General Assembly recognizes both the errors made, and damages caused, by past legislation that inherently created corruption, division and opposing factions.

SECTION 2. That the Indiana General Assembly resolves to remedy violations of individual rights and transgressions of constitutional rule of law present under Indiana Code § 3 by appropriate legislation, to allow fair and equal campaign, ballot, party and election rules for all Hoosiers.

You know we need to do this. Will you help?

OK, I’ll keep this brief:
I want to organize a campaign to overturn the unconstitutional, immoral, corrupt and destructive partisan/ballot access/primary election “laws” that serve as a firewall, red herring and force field protecting all the worst people and worst corruption, and also protects the tax-funded tribal madness you can clearly and daily see tearing us apart, and at each others’ throats.

I need your help.

The key details are all here: https://wedeclare.wordpress.com/2019/09/29/indianas-ballot-access-primary-election-laws-are-unconstitutional-and-corrupt/

The good news is that we’d be right, and doing the right thing in the right way, and everybody would benefit massively.

Massively.  This would be genuinely revolutionary stuff and our nation’s framers/founders would be proud of us.

The bad news is that:

We’ll need to raise about $10K to bring the case to Phase 1.  I tried to do it on the cheap and pretty much on my own, and that can’t work against an enemy that responds to only numbers.

And we’ll likely lose Phase 1.

But more good news is that after that, we’ve the opportunity to, at worst, get the truth out in the open where people can see it.  And there’s a real chance at overturning a nasty, costly mess that even people within the corrupt crony duopoly parties would like overturned.

Hey, they know the rapidly devolving status quo system sucks.  It doesn’t even benefit most of them.

If you want to read more than what I’d linked above, there’s plenty.  But I’m betting that since you’re reading this, you’re already either on board with at least the goal, in at least an approval sense.

What I need is YOU to help in any way you can.

Money is of course required.  The more, the better.

But that would come with word-of-mouth promotion of this cause.  Letters to the editor.  Social media posting.  Blogs, vlogs, smoke signals and mime.  We need organizers and facilitators and meetings and events.  Catchy names and memes and slogans.

And we really need to start protesting…in public.  On courthouse steps, in the rotunda, around courthouses and offices.  We need to get to know each other, and get known, in real-world physical protests.

We need an active campaign of more than just a few people who want to see some justice and equality under law…at last.

Are you in?

Let me know, and let’s get going.

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 5^th-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 5^th-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 5^th and 6^th-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.”

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.

A Modest Proposal to End The Madness

So perhaps now we can all agree that today’s Powers That Be – the self-appointed “Two Party System” that’s been expanding its powers unchallenged since WWII, is a destructive, unjust, wholly corrupt, costly, devolved-to-garden-slug embarrassment.

It’s also unconstitutional, in case anybody still cares about that.

I propose a solution.  Let’s end it.

Yeah, we have lots of problems for which I suppose we all have some solutions.  But I think this is one we can agree on:

The two private clubs called the Democratic and Republican parties have been left alone with power in a dark room for too long.  The system is broken, and it’s not going to fix itself.

While the phrase has been repeated innumerable times in declarations, constitutions, speeches and laws, it’s not entirely true that “all men are created equal.”  Some humans want to rule, too many are too eager to be ruled, and only a few of us don’t want any part of this follow-the-alpha tribalism and strife.

But everyone should be equal under the law.  No special deals, no special people, tribes, classes, castes or clans with respect to governance.  Every human gets the same deal when it comes to treatment by cops, judges, legislators, executives, bureaucrats, and…ballot access laws.

That sort of equality is law under both state and federal constitutions.

Indiana’s constitution says it well in 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.”

I’ll cut to the chase scene – The Democratic and Republican Parties are private, 527 “nonprofit,” and unreasonably tax-exempt and unaccountable organizations that never should’ve been allowed to grant themselves special powers, immunities, privileges and ballot access unavailable to any other people.  They’ve become a single crony network of corruption and destruction so costly, profligate and deceitful that you have to lie to yourself pretty hard and repetitiously to excuse this mess or fall for the lies any longer.

I’ll not bother to cite specifics here (that I’d be happy to beat to death if you ask), but just for example, there is no way possible for an independent candidate to get on Indiana’s primary ballot.  It’s almost always automatic for (D) and (R) candidates – but totally impossible for independents.  It’s not impossible for other party’s candidates to get on the primary ballot – but it’s so much more difficult than the (D) and (R) special access that no other party can do it.  Only (D) and (R) parties can have precinct committeeman.  And critically/absurdly, no other party’s members can be on most election-related commissions.

In short, only the members of two private, unaccountable and tax-free groups have colluded to grant themselves actual powers of government in violation of both constitutional rule of law, and fundamental principles of justice.

Indiana is among the three or four worst states in terms of unconstitutional ballot restriction and partisan chicanery.  And among these worst states, Indiana has the best constitution.

So, here’s what I propose:  An Indiana state court case to remove all special classes of people for ballot access, and fulfill the terms of state and federal constitutions, and fundamental fairness.  Same rules, no exceptions for anybody or any group.  Simple.  It’s already the law.

All we need is people.

We need people to help organize protests, write letters, gain media attention, occupy social media, and help bring a constitutional challenge to the Indiana Supreme Court.  Money would help, too, of course.  We need people willing to do at least a little for at least one of these actions.

We need to build and activate a focused political campaign team.

Not a lot of effort from any one person, hopefully; but it would be focused on a single goal of changing Indiana’s ballot access laws to declaw/defang/de-stink Indiana’s self-appointed “Major Political Parties,” and break their stranglehold on Indiana politics and media.

It’ll be fun, wholesome and successful if we gather a crew of focused people and build some momentum.

Whether you approve of the results or not, you’ve got to hand it to the LGBT movement.  They very quickly overturned centuries of law and social practice with determination and focus.  And that movement is focused on a low-single-digit percentage of the society.

How could we be less successful when our fundamental laws and centuries of judicial reasoning are already on our side, and everyone would benefit?  …Everyone.

Come on.  I know a lot of hard core Democratic and Republican faithful who admit this train has gone off the rails.  You do too, right?

Who’s up for this?

A “hearing” without ears

Post mortem on the Pro Tempore hearing

OK, so “hearing” is the wrong word, because they voted to not hear me at all.

I gave them written copies of the 10-point argument below, but they were handed back, saying it would be “inappropriate” for them to read it.  Of course, the State’s attorney did hand me nine-thousand pages of their arguments*…about why I should shut up and go away, as it turned out.

After spending ten minutes going over the rules (including how I’d get ten minutes to make my case) and other niceties of procedure, the State moved to dismiss the complaint on the grounds that whatever I’d have to say should’ve been said in July, and they’re sure that what I’d say would be the same as what was already said anyway…

…Even though I wasn’t there in July, and it wasn’t the same argument.  And I was there to represent another person’s CAN-1 challenge (Ben Tackitt) who couldn’t make it to this hearing.

You see, the state arranges these meetings at inconvenient times in places with exotically expensive parking for a reason…

And so, the State (everyone of authority in the hearing was paid as an administrative judge working as an agent/employee of Connie Lawson with a built-in and unconstitutional conflict of interest…whatta surprise) voted to reject CAUSE NUMBER 2018-124.  They wouldn’t give me even my ten minutes.  Not even two.

Even as they tried to shush me, I asked, “Does this exhaust my administrative remedy?”

If they answered no, then I should’ve been allowed to speak.  If they answered yes, then it’d be clear that I’ve got a court case with no administrative remedy (helping me ascend to that diaphanous, magical and nearly unattainable quality of “standing” before the court).

So attorney Brad King told them not to answer me.

I was railroaded.  Again.

I really didn’t expect better.  I mean, how weird would be for the state’s cronies to vote against themselves?

It’s voters who’re supposed to vote against such corruption and entrenchment of power.  If I’ve done anything at all with my efforts over the decades, I have proven (over and over and over and…) that I can’t fly onto the scene with my ray-gun and save the day, dang it.

I’d like to, of course.  But I can’t.  It takes numbers.

My hope all along was that ordinary folks would hear about this case, and DO SOMETHING about it!

That’s my hope (not my expectation…but I do hope).

This cause was only one example of the continuous expansion of political powers and reduction of citizen powers and rights by unconstitutional legislation, and evermore-damaging constitutional amendments, which have spawned a culture of political cronyism that foils the purpose of term limits, democratic elections, and constitutional rule of law…

…Sigh…  <deep breath>

So I’m posting this for you, in the hopes that you’ll read it, agree that injustice is being done, and tell others about it.

Of course I hope you’ll do even more than that (write letters to the editor, call-in to radio shows, start a lawsuit, organize protest marches, foment revolution…).  But even if telling others is all you do, I’d be delighted, and grateful.

Anyway, here’s pretty much what I would’ve said today, if given the chance; it’s what I tried to hand them on paper at the hearing.  But none of this was heard, or read:

1. Article I, Section 25 of the Indiana Constitution makes plain that there is no legal state authority except by specific provision in the constitution. Indiana Code does not create authority; all legal authority rests only upon the Indiana Constitution. All officeholders are required by oath of office to uphold this fundamental rule of law.  The state’s case rests entirely upon Indiana Code which contradicts and violates the state constitution.

2. As of today, there are only two constitutionally clear ways to empower a Secretary of State; election by the voters of the state (Article 6, Section 1), and by gubernatorial appointment (Article 5 Section 18).

3. Constitutional provisions in Article 5, Section 18 and Article 15, Section 3 ensure that no Indiana office is left vacated, yet make no special or extra-ordinary definition of pro tempore.  The specific constitutional authority to issue writs of election was repealed in 1984 (Article 5, Section 19), making it less constitutionally clear when, how, and by whom, special elections are to be called.  But the definition of pro tempore has always been known to be transitory and provisional.

4. The original 1851 Article 6, Section 1 of the Indiana Constitution mandated: “There shall be elected, by the voters of the State, a Secretary, and Auditor and a Treasurer of State, who shall, severally, hold their offices for two years. They shall perform such duties as may be enjoined by law; and no person shall be eligible to either (sic) of said offices, more than four years in any period of six years.”  The original wording makes evident the erosion of constitutional protections as demonstrated by the doubling of term limits in 1970.  Article 2 Section 11, unchanged from 1851, made more sense in the context of short term limits: “… an appointment pro tempore shall not be reckoned a part of that term.”  Lawson’s first term as SOS was longer than the 1851 full term of elected office, and was over half the entire 1851 term limit.

5. On February 4, 2012, former Secretary of State Charlie White was removed from office, and Jerold A. Bonnet was made the temporary, interim, pro tempore Secretary of State of Indiana.  This appointment was unquestionably pro tempore because there was a legal challenge to White’s 2010 ballot eligibility, throwing into question how the SOS office would be filled, though by original constitutional design and one judge’s ruling, either Democrat Vop Osili should have confirmed, or been a special election should have been called.

6. On March 16, 2012, Mitch Daniels named Connie Lawson the new Secretary of State. There was no contingency or compromise to this appointment. Connie Lawson’s unconditional replacement of Charlie White and Jerold Bonnet was not pro tempore by any definition of pro tempore (proxy, locum tenens or conditional officeholder – e.g., the President pro tempore of the Senate, who stands-in for the Lt. Governor’s role as President of the Senate, or Judge Pro Tem who stands in for another judge). Jerold A. Bonnet was unquestionably the only pro tempore Secretary of State.

7. The intent of the term limitation, even as of 1970, was to limit the power and electoral advantage of incumbency, limit the entrenchment of factions, and inhibit politics as a lifetime career.

8. The purpose of democratic elections is to both thwart crony entrenchment, and to give equal opportunity for all people, without any special classes of citizen powers, privileges or immunities, an equal chance to serve their society.

9. “Precedent” is not law.  Only legislators can make law.  While this is most plainly stated in the federal constitution, the state constitution follows the same form of separation of powers.  And Article I, Section 25 of the Indiana Constitution does indeed forbid law by precedent, as it is rule-making without constitutional provision, process or authority.

10. SUMMARY: Connie Lawson’s first term of office was not pro tempore.  And as per arguments previously submitted for Indiana Election Commission CAUSE NUMBER 2018-12, she is not eligible for election to a term of office she cannot lawfully complete.  At best, Lawson’s candidacy strains electoral propriety, and taints the credibility of Indiana’s chief election officer.  But more seriously, to allow this candidacy to go forward presents an abuse of public trust, as well as an egregious violation of Indiana’s governing authority – the Indiana Constitution.

###

So, what comes next?

Will the GOP get away with this obvious scheme to simply appoint cronies who can then run in the next election with all the advantages of incumbency?  Is this whole democratic process and term-limits thing kaput?  Is this how everybody gets to run as an incumbent…in their first election?!?!?

Well, that’s up to you.

*Lawyers like to intimidate people with piles of paper and ink.  In fact it actually came up in the hearing how much time and money in billable hours were wasted on my futile attempts at justice.