Spies, Lies, and an Ungoverned Government

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

It’s time to talk about our spies

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

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

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

You know the saying, “Knowledge is Power?”

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

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

Does such knowledge and power actually control our elected politicians?

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

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

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

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

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

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

 

 

Open letter to Governor Holcomb

Governor Holcomb, I know you’re not a bad man.  In fact I believe you’re a man who means well.  I’m certain your advisors assured you that what you’ve been doing is legal.  And I know that many applaud your “leadership” in closing businesses and schools, forbidding all manner of association and movement, and in general, suspending rule of law as a state-wide, one-size-fits-all rule.

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

I wish you had called an emergency session (Indiana Constitution Article 4 Section 9) so that Indiana’s General Assembly could have constitutionally authorized (by Article I, Section 26) what you have been doing …in violation of your oath of office.

I’m betting they’d have come up with measured, regional plans that made more sense and relieved you of total accountability for this mess.

The decades-old blanket standing order from the legislature (IC 10-14-3) was both unconstitutional and foolish – not so different from 1973’s War Powers Act that so many regret today.  Such vague, inherently corrupt delegations/ surrender of authority nullify the whole point of the separation and limitation of powers.  Besides, Governor, unilaterally taking such unconstitutional authoritarianism upon yourself when it’s not only illegal, needlessly inflammatory, and raises fears about our new, dangerous form of government, is also bad politics.

KingNo one person should wield so much power.  And under our constitutions, no one person does.

I’m sure that, given the circumstance of the SARS-CoV-2 virus / COVID-19 disease, the General Assembly would have granted you specific, timely and focused authority to do what needed doing, where it needed doing …and without the suspension of laws that are in only the GA’s authority to suspend.PlagueDoctor

While I think what politicians have been doing in response to this pandemic is based more in fear and self-interest than in fact (and the corruption has become obvious, in case you’re wondering), it should still be done by constitutional rules. Anything else is unconstitutional, specifically illegal (Article I, Section 25), and contrary to the most fundamental principles of this nation’s purpose.

Please read this: https://wedeclare.files.wordpress.com/2016/03/indiana-constitution-book.pdf Remember

You took “…an oath or affirmation, to support the Constitution of this State, and of the United States

I’m sure we’d all be both relieved, and favorably impressed, if in a public mea culpa, you’d recognize the chain of errors and misapplication of force, and resolve to do what’s right…and legal.

Nobody expects a politician to be perfect, you know.  But we’re all looking for somebody to earn our trust in these pivotal, tumultuous times.

Going legit, and governing our government according to constitutional rule of law, would be a great start.

 

Desperate Times call for …Rational Thought

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

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

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

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

SaveUs

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

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

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

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

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

 

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.YOU!

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 5th-ranked citizen class. There are many of these, but entirely out of the public view except in local races or as write-in candidates.
  6. Independent candidates cannot possibly participate in primary elections, even if they can overcome the obstacles both put in their way, and doubled in severity through the past thirty years (double the ballot signature requirements for example). Independent candidates face more hurdles than even 5th-ranked citizens, in some ways.
  7. Write-in candidates are those who failed to meet the requirements for ballot access in any of the previous classes, though there is overlap with the 5th and 6th-ranked classes. Though it’s not supposed to happen, votes for such candidates have often been thrown out in my experience (my own write-in votes, for example).  It’s very unlikely that these candidates would ever be listed in any candidate information guides, let alone be able to participate in candidate debates and media interviews.

 

Primary Elections:

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

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

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

Rule: The Indiana Constitution’s Article I Section 23: “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.”liberty

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

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

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

 

[i]Article I Section 25 nullifies any Indiana law depending upon any authority but the Indiana Constitution: “No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.”  If there can be no such law, there can be no judgment or executive action favoring laws that cannot legally exist.  Article I Section 25 is an absolute ban on any government action exceeding the limits prescribed by the state’s constitution.

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:cropped-liberty

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.Remember

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.”

charlie-brown-footballI’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?

Constitutional rule of law is Intelligent Design.

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

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


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

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

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

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

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

This is important.  The U.S. Constitution’s Article 2, § 2:1: “The President shall be Commander in Chief . . . of the Militia of the several States, when called into the actual Service of the United States.”  And the President was called into that service by only a congressional declaration of war. Until and unless that happened, Article 5, § 12 of the Indiana Constitution applied: “The Governor shall be commander-in-chief of the armed forces, and may call out such forces, to execute the laws, or to suppress insurrection, or to repel invasion.”

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

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

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

This is from the Nevada State Constitution: “But the Paramount Allegiance of every citizen is due to the Federal Government in the exercise of all its Constitutional powers as the same have been or may be defined by the Supreme Court [my emphasis] of the United States; and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith or perform any act tending to impair, subvert, or resist the Supreme Authority of the government of the United States. . . . and whensoever any portion of the States, or people thereof attempt to secede from the Federal Union, or forcibly resist the Execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its Authority.”

That’s not Patrick Henry talking there.

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

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

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

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

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

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

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

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

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

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

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

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

 

 

Yeah, he was a socialist.

cropped-libertyI give up trying to convince people that most of the various -isms are divisive bunk, and that, really, the spectrum of -isms from authoritarianism to libertarianism boil down to a very simple principle: primacy of the state, versus primacy of the individual.

But let us at the very least put to rest the idea that Nazis weren’t socialists.

Here is a ten-year-old article, which is, I think, just about the correct distance from the present to be more clearly separated from today’s tribal hysteria and concomitant “Democratic Socialism” blindness.

The core argument is that Hitler called himself a socialist of a sort derived from Marx, and that his deviation from the USSR’s variety of socialism (“Jewish Marxism” in Hitler’s words) was in two key forks that made it, in Hitler’s opinion (as well as that of Mussolini, who wrote much on the subject) more workable.

  1. National Socialism relied on geography and race to avoid the needlessly divisive self-destructive civil war as the Russians had suffered. Hitler felt that Germans shouldn’t fight Germans, so he elevated race above pure socialist dogma in an effort to unite more to his general cause. In Hitler’s words, “…find and travel the road from individualism to socialism without revolution.
  2. Recognizing private property rights is necessary to economic success and social unity. In Hitler’s own words (not from the article), “Socialism is the science of dealing with the common weal. Communism is not Socialism. Marxism is not Socialism. …Socialism, unlike Marxism, does not repudiate private property. Unlike Marxism, it involves no negation of personality, and unlike Marxism, it is patriotic.

I can understand some confusion, as Hitler had over the years said many things that could, in isolation, fuel the notion that he was anti-Marx; certainly he was anti- “Jewish Marxism.”

But I believe that’s only when viewing Hitler through a partisan lens. Because he made it abundantly clear in his own words that he was a socialist.

In a critique of Mussolini’s newly-coined “fascism,” Hitler wrote of his own economic plan, “Point No. 13 in that program demands the nationalization of all public companies, in other words socialization, or what is known here as socialism.”

To more or less summarize my argument, as well as that in the article and referenced book, I’ll end with Hitler’s own words, and let you think on where we are today, and why so many Americans admired the man back in the day:

The Germany of today is a National Socialist State.  The ideology that dominates us is in diametrical contradiction to that of Soviet Russia.  National Socialism is a doctrine that has reference exclusively to the German people.  Bolshevism lays stress on international mission.  We National Socialists believe a man can, in the long run, be happy only among his own people.  We are convinced the happiness and achievements of Europe are indissolubly tied up with the continuation of the system of independent and free national States. Bolshevism preaches the establishment of a world empire…

 

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…AndyTriesAgain

…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?

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.  It takes numbers.

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

PoliticsMonsterThat’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>

cropped-youSo 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?

Plan B

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?  Are they going to kick out Curtis Hill so they can appoint a more insider-friendly replacement?  Is this whole democratic process and term-limits thing kaput?

Well, that’s up to you.

 

 

 

 

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

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.