A “hearing” without ears

Post mortem on the Pro Tempore hearing

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

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 my case on the grounds that whatever I’d have to say should’ve been said in July.AndyTriesAgain

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

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

And so the State (everyone of authority in the hearing is an agent/employee of Connie Lawson) voted to reject CAUSE NUMBER 2018-124.  They wouldn’t give me even my ten minutes.  Not even two.

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

HeroIt’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.

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

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.

cropped-youSo I’m writing 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 more than that.  But even if that’s all you do, I’d be delighted, and grateful.

Anyway, here’s pretty much what I would’ve said today, if given the chance:

  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 in 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.

Plan Ba

So what comes next?  Well, that’s up to you.

 

 

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We were railroaded.

Indiana Election Board CAUSE NUMBER: 2018-12 was dismissed on the grounds that Connie Lawson’s appointed term of office as Secretary of State was pro tempore.

But the state and anyone who follows such things would know that’s not true at all.

Because there was an actual pro tempore appointment before Connie Lawson.

Jerold A. Bonnet

While Wikipedia is not a final authority on such matters, this is a good summary of the case: “A lawyer by profession, Bonnet was the deputy Secretary when his superior Charlie White lost his position after being convicted of voter fraud, leading Governor Mitch Daniels on February 4, 2012, to appoint Bonnet until a permanent successor could be chosen. Holding the office for an uneventful term of over a month, Bonnet was succeeded by Connie Lawson on March 16. Currently, Bonnet serves as the chief legal counsel in Lawson’s administration.”

Note the wording, “…appoint Bonnet until,” and “until a permanent successor could be chosen.”  That is how pro tempore works.

tenorOf course Lawson’s defenders also cited case law to weaponize their attack on The People, constitutional rule of law, decency, truth, honor and all that’s good and wholesome.  But as I’m sure YOU know, case law cannot be law!

Now, as an ordinary citizen who doesn’t have the mean$ to fight this, and without any apparent public interest in the matter, I am forced to just walk away from this example of ungoverned government.

But for anyone paying attention, you’ve been railroaded too.

It’s up to US to drain the swamp!

If there are flaws in our state and federal constitutions, they are these:

  1. There are no specified remedies for violating them. Our founders assumed we’d know (i.e., nullification, impeachment, and …quit reelecting them!), but we clearly do not know!  Not surprising, after a couple hundred years of politicians’ lies.

  2. Seemingly equivocal prohibitions against the “whispering down the lane” or “telephone game” judicial/ legislative/bureaucratic corruption of our constitutions by incrementally perverted interpretation.  While the constitutions do clearly say what they say, it’s obvious that with every new case, every new law, every legal argument, there are new divergences from core principles and fundamental laws.  It’s gotten so bad through the past century that instead of consulting the actual words of our constitutions, we now consider previous court decrees as the authoritative law.

So now, politicians assert in court and in practice, that whatever’s not specifically prohibited from politicians, is within their authority.BWLadyLib

That is of course opposite of the whole point of constitutions.

Constitutions are to restrain politicians, not citizens.

Despots have for millennia gained power without elections, and made their own rules as they wished.  The USA was supposed to be better than that.

hand-coming-up-from-the-swamp-554x350

Instead, we’re drowning in corruption.  It’s been too long since there’s been any organized attempt to legitimize and govern our government by the actual words of our federal and state constitutions.

So, about now, the Indiana Election Division should receive the CAN-I candidate filing challenge I signed on July 10.

Besides the fact that it’s an obvious trick to appoint a GOP-insider/swamp incumbent for the next SOS race, there’s a legal problem with the candidacy of incumbent Secretary of State Connie Lawson.  Please note, it has nothing to do with her, personally, and everything to do with corruption of our constitutional Rule of Law:

Article 6, Section 1 of the Indiana Constitution specifies that, “There shall be elected, by the voters of the state, a Secretary, an Auditor and a Treasurer of State, who shall, severally, hold their offices for four 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 eight years in any period of twelve years.” – (As Amended November 3, 1970)

Now, legislators can and do make mistakes.  Frequently.  The word “either” is, for example, a mistake.  But please note these key words and phrases:

“There shall be elected… who shallhold their offices for four years.”

“…and no person shall be eligible to …said offices, more than eight years in any period of twelve years.”

“Shall” is a strong imperative.  It is not “may hold” or “can, if the law doesn’t prohibit it, hold.”

No, it’s SHALL, as if written in stone tablets.

The word “shall” is in all the key places of “elected,” “hold,” “perform,” and “eligible.”

So, very clearly by the letter and intent of this constitutional term limit, no person shall be eligible for election to a public role they are constitutionally forbidden from performing as mandated in the letter and intent of the law.

The state will of course claim that Lawson’s first term was pro tempore; and that it therefore doesn’t count as a term of office.  But Jerry Bonnet was the actual pro tempore SOS.  Lawson was a full replacement for the ousted Charlie White.  So, no…there is no constitutional excuse for this.

Incumbent Secretary of State Connie Lawson is constitutionally forbidden from performing the specified role in the terms clearly specified in the constitution.

She is an ineligible candidate.  And the GOP is using her situation to hoodwink us.

Again.

I say no.  I’m throwing a flag on this play.

FlagOnThePlay

OK, What Now?

tenorSo, just today, and the day’s not over yet, two people asked me in one way or another, “Why don’t YOU do something?”

It was on Facebook and private messaging, so there was no way to actually physically assault anyone.  But I was pretty annoyed, after all I’ve been doing for the past twenty some-odd years, at great, ridiculous cost to my family, my personal life, my finances, and my career…

Yet I do my best to remain hopeful.  I do not like being an “I-told-you-so” curmudgeon, and I desperately hope I’m wrong about what’s in our pretty-near future.  I’m aware that in most ways in most places on this earth, this is a pretty great time to be alive.

I’ve been told, many times, (twice yesterday) that I’m far too gloom&doom, armageddon and destruction, and that I’d be much more effective if I’d somehow adopt the buoyant and bubbly pom-pom persona of a Glee Club Captainette.

Yeah, I suppose so.Testing football helmets, 1912

But…

The Social Security/ Medicare/ FICA cookie jar is getting both robbed of money and stuffed with IOUs, while the GOP-run government keeps spending exactly as if there were no tomorrow.

But there is a tomorrow.
Isn’t there?

At least, I…hope there will be.

We do seem to be at war with a third of the world, spying/haranguing/pointing guns at another third, and getting the rest of the planet hopping mad at us.

PoliticsMonsterAnd yet, with increasing loss of liberties and militarization domestically, increasing instability globally, and wild uncertainty and lawlessness from our politicians, we’re still divided against each other, exactly when we should be uniting against our common foes.

I’m struggling to see any truth in the “4D Chess” covfefe rationalizations.  And it sure does seem like our youth are dead-set on a proven course to destruction.

So, here’s my expression of hope, in the form of a question…
What’s a patriot to do now?

I’m no longer hoping that I, personally, will fly onto the scene with a whistling jetpack and six-guns blazing.Hero

But I’d like to at least help move the OppressoMeter needle toward more Peace, Prosperity, Liberty and Justice for All…instead of what seems to be moving in the opposite direction.
Anybody have any ideas?
I’m all ears.

When you see that trading is done, not by consent, but by compulsion–when you see that in order to produce, you need to obtain permission from men who produce nothing–when you see that money is flowing to those who deal, not in goods, but in favors–when you see that men get richer by graft and by pull than by work, and your laws don’t protect you against them, but protect them against you–when you see corruption being rewarded and honesty becoming a self-sacrifice–you may know that your society is doomed.” ― Ayn Rand, Atlas Shrugged

Not Listening

 

(more…)

Just Say No to war with Iran

Freedom, IN – It’s a quote attributed to pretty much everybody, that “the definition of insanity is doing the same thing over and over and expecting different results.” The saying is more true and applicable to USA foreign policy than to anything else.

None of our foreign aggressions worked as promised, or even as we’ve been told. Yet we’ve had scarcely a year’s peace since the War to End All War.

And we’ve been getting worse, not better, at finagling foreigners into serving us and our Saudi allies. Does anyone doubt that our interventions in Libya and Syria have been disastrous? Have we really fixed anything in Somalia, Yemen or Pakistan? When will we be done with Iraq? Afghanistan is the USA’s longest war, ever…and we’re losing. What’s the plan? What’s the goal?

We’re sure not fighting for freedom.  Not anybody’s freedom.  And we’re sure not making friends when we blow up their children.

A leaked May 17 memo reveals that the USA government once again intends to replay the same failed script; this time against Iran (again).

The key directive sent to Rex Tillerson is “…that the U.S. should use human rights as a club against its adversaries, like Iran, China and North Korea, while giving a pass to repressive allies like the Philippines, Egypt and Saudi Arabia.”

Let’s think like a human, and not a politician, for a moment.

What actual human beings on the planet would not hate us for our arrogant, armed and deadly games and manipulations? Why wouldn’t we be creating more enemies than friends with such obvious duplicity? Does anybody on this planet think they’re the ones who’re wrong, and deserve death?

Is the Golden Rule really so bad?

I’m no pacifist. I believe in security through strength. And I understand the theory of “Humanitarian Intervention” (though that’s been irrelevant lately, and it certainly doesn’t work in practice!).

But we’re acting like stupid teenage “swatting” and “knockout game” thugs; not at all like rational adult humans. We’re acting as though we can use killing force against others with impunity, when in fact, we’ve been hurting ourselves as much as anybody else.

This is insanity. We’ve got seven “whack-a-mole” wars going on now, and we’re losing our wealth, security, and of course, freedom as a very direct result.

Our armies are protecting the petrodollar and drug trade, not anything We The People should value.

I propose we just say stop the madness, and give Peace, Prosperity, Security and Freedom a chance.

Liberty or Bust!

Andy Horning

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HorningTorch

Quit mortgaging our future, dang it!

Freedom, IN – Of course we need to cut taxes.  I’d vote to end income tax entirely.

But we already know this game. Politicians say that “government is too big,” but then make it bigger. They trumpet the need to cut spending, but then spend more.

And, of course, they cut taxes (just a little) without fixing the first two things; meaning that they’ll later raise taxes, and cut promised benefits.

Nobody likes to pay taxes.  But taxes are a symptom, not the disease itself.  The disease is ungoverned, unregulated, out-of-control politics and all the cost and violence that entails.

Every single one of the other 2018 primary election candidates for Indiana’s US Senate seat are promising more government. Every one of the others promise more fear-aggression-syndrome foreign policy, more domestic militarization, more intrusions into our privacy, trade and personal interactions.

I’m the only candidate promising less.

A lot less

I have a plan for Peace, prosperity, Security, Liberty and Justice for ALL, in eight steps.

But the summary is that I mean to cut the corruption, cost, intrusiveness, abusiveness and ineffectiveness of our central government by actually cutting powers, programs, agencies…and people, from that government. I propose establishing a truly federal (instead of our increasingly unitary) government as defined by the authorizing compact.

That is how this is supposed to work. That is still the law, as written and amended.

And I’m the only candidate who’s all about that.

Liberty or Bust!
Andy Horning
Freedom, Indiana

Eight Steps to Success

Here’s how we turn from fatal social disease, toward Peace, prosperity, Security and Freedom in eight steps:

  1. End the cronyism/corruption culture.
  2. Stand down our military-industrial complex and global imperialism, and replace it with strong, constitutional national defense.
  3. Monetary/banking reform.  Click the link for details.
  4. Term Limits. Let’s face it; voters haven’t been doing their part.  But much of that problem is the huge advantage of incumbency.  I understand term limits won’t happen until after voters make better choices.  But still, we need shorter term limits than human life expectancy…
  5. Rule of Law. This would cut a lot of stuff from what we’re calling “government” today. You may not like some of the cuts; but I’m certain you’d like the end result.
  6. No more loaded bills. One subject at a time, and no earmarks/pork.
  7. End special classes, special deals for special people – equality for all at long last.
  8. Sunset provision/amendment to refine and reduce the number of laws so that our rules are:
    1. Few enough to actually know
    2. Simple enough to actually obey
    3. Important enough to enforce without exceptions or special classes

To summarize, I want to cut the cost, intrusiveness, abusiveness and ineffectiveness of our central government by actually cutting powers, programs, agencies…and people, from that government. I mean to establish a truly federal (instead of our increasingly unitary) government as defined by the authorizing compact.

Horning into GOP race for Indiana US Senate

For Immediate Release

December 7, 2017

Freedom, IN – Americans want options. We have unlimited choices in coffee, shoes, electronics, cell service…everything, in fact, excepting whatever politicians control.

It’s literally a shame that only two political parties can fully participate in our democratic processes. But it’s even more of a shame when both of those two parties offer only one option: more debt, more inflation, more wars, more regulations, and of course more corruption; meaning less peace, prosperity, security and freedom.

The Republican Party’s platform is actually quite good; it’s yet another shame that with a total lock on both federal and state political power, the GOP has been spitting on their own ideals.

Until today, it was hard to find any substantive differences between the Republican Party candidates for the Indiana US Senate seat.

But today, I’m throwing my hat into the ring as a Republican Party candidate for US Senate, and I have a plan to set things right. I am putting peace, prosperity, Rule of Law, real security, and (you know I’m big on this) freedom, on the ballot.

Liberty is not a means to a higher political end. It is itself the highest political end.” – Lord Acton

Liberty or Bust!

Andy Horning

Freedom, Indiana

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We could fix it in a Single Day

But voters, as always, must choose

Freedom, IN – Many feel that our “Major Party” choices on Election Day have been getting worse and worse, while the general condition of our society and individual lives seems to be devolving toward calamity.

That’s true, of course.

But we could fix it if only we’d acknowledge the problem, admit who freely chose this, and realize who’s got the power to turn this around. The fix itself is simple enough, and mostly written-down already.

The most important three steps are:liberty

That’s in reverse order, unfortunately; because as congressmen I could address the first two listed only after voters take a stand against the recent (since the 1970’s), self-appointed and irretrievably corrupt, “Two Party System”…by electing me!

YOU!Only voters can topple the two-party-in-name-only, crony network, which has become little more than a front, distraction, protection and marketing group for the finance and militarism elites who run the world behind the Two Party Firewall.

So before we can nullify the unjust, profligate, unconstitutional judgments, agencies, laws and actions which produced the welfare cliff, the horrific cost of healthcare, oppressive lawless bureaucracy, and of course endless war and ever-more militarization, voters must first say something to the ruling elites that they’ve not heard in a hundred years:

…NO!

The other 8th district candidates have no intention or ability to fix the mess they choose to represent. So, first, voters must vote against that corrupt monstrosity. Yes, it’s good to vote against what’s wrong. To say otherwise is a terrible misunderstanding of the whole point of elections; and that is for peaceful revolution. If they feel that they can vote for me, that’d be great. But first, voters must fire the Two Party System!

After voters fire that shot heard ‘round the world, we can talk about other reforms including:

  • Term Limits
  • Rule of Law
  • End “earmarks” (pork)
  • End special classes, special deals for special people – equality for all at long last
  • Sunset provision/amendment to refine and reduce the number of laws so that our rules are:
    • Few enough to actually know
    • Simple enough to actually obey
    • Important enough to enforce without exceptions or special classes

None of the preceding is ideological, untested or even new. Most of it is already law.

It’s all in voters’ power to set things right. But first, in order to use their power, they must understand that they’ve always had it, and used it to get to where we are today. And for that to happen, they need to be better informed of their choices, and how elections have been working up to now.

Liberty or Bust!

Andrew Horning

Libertarian for 8th District US House of Representatives

Facebook www.facebook.com/HorningForCongress/

How We Fix This Mess

I like talking ideology. But right now, talking about socialism versus fascism versus libertarianism versus the Two Party System is like discussing paint colors while your house is on fire.

coming-money-trustForget ideology; that’s not the problem.

CORRUPTION!

Corruption is the problem. Almost everything else is just a symptom of that.

Let’s be clear about what our nation’s “corruption” really is. We have an unconstitutional (illegal) ruling class that’s intentionally violating our most fundamental laws (legal, moral, economic) to fill their pockets though it harms the rest of us.

That’s called crime when any of the rest of us do it.  When it’s done abusing power in violation of oaths of office and causing economic distress and pointless death it really ought to be called treason.

And that treasonous ruling class is mostly not the people you see on the ballot, or numbly pontificating on C-SPAN.  Heck no.  Follow the money that we’ve been voting for.  You’ll see the people who pull strings from behind a curtain.

There isn’t anybody alive who can’t be threatened, blackmailed or otherwise manipulated by the dark and twisted forces that control our “intelligence” agencies, for example.

We can’t determine to what degree and in what ways we’re being harmed because so many  of our rulers systematically and habitually lie to us about everything. So it may not be off the table to include mass murder in the list of crimes.

The unregulated militarized monster we only call “government” is really a crime ring that’s “too big to fail.”

So let’s fix it.

Here’s how:

liberty

1. Stop voting for it! And by “it,” I of course mean the global crony network whose puppets we call The Two Party System.  No, I don’t mean just Democrats and Republicans.  I mean the system of cronies and unfair legal advantages that’s more corporate than it is political.  Don’t give this monstrous mob your approval on Election Day. And do NOT, by default, grant its wishes by staying home on Election Day. Anybody left alone and unchallenged with unchecked power for too long becomes corrupt, and almost all of us have been blowing electoral kisses to the same Powers That Be for over a hundred years nonstop. STOP THAT!!

2. Vote against it. Yes, we’re supposed to vote against people. Remember, this is revolt with your vote! When your house is on fire, you need to kill the fire, not swap it for another.  So first, fire the crooks! Vote for anything or anybody but the puppet show you know to be corrupt!

RememberRemember, even the very best Ds and Rs (and there are some great people in those parties – like Thomas Massie, or Justin Amash, for example) are powerless against this mess without more allies, and your help.  They cannot fix their party, or the people who control it.  YOU must vote against all of that!

NoGunOur nation’s founders understood that elections are messy, corrupt and problematic in themselves; so elections’ purpose is very focused – they’re for peaceful revolution. That’s why we vote; so we don’t have to shoot politicians the way our founders did.

YOU!3. Use your vote as a weapon, or somebody else might.  Seriously.  It actually happens that people who don’t vote often show up voting…even after they’re dead.  If you think staying home is a protest, you don’t understand how bad things have gotten.

4. Then, and only then, is a discussion of ideology and ‘isms something better than a time and energy wasting distraction.

In summary: Vote as though it’s war! Because, of course, it is.