They Crossed the Rubicon

For Immediate Release, October 31, 2016

Contact: Andrew Horning

They Crossed the Rubicon

Freedom, IN – What is human history but a litany of warnings? How many cassandric founders, US Presidents and activists warned us about the advancement and corruption of political/crony power against individual human rights?

Throughout all the human history we know, the default human state – the human norm, has been oppression, slavery, genocide and war. Liberty and justice have always been rare exceptions.

Throughout most of our history, and still today, most of “the media,” in whatever form reporters have existed, have been the mouthpiece of power and tribe; agents of propaganda rather than honest town criers.

I thank God for the chaotic angel called Wikileaks. But Wikileaks isn’t enough.

We find out about new “civil” police military tools and techniques (like bomb-bots!) only after they’re used. We learn about the effects of usurpation and trespass like the 2012 NDAA only after fully implemented and working against us.

In electoral politics today, being right is no advantage and being wrong is no demerit. But you may want to look into my history of being right as I tell you that this is the truth: Our nation is in very, very serious trouble – the kind that people will some day look back upon, and shudder.

We could fix all this. We could live in peace, prosperity, security, liberty and justice…for all.

But that would mean a very revolutionary change of heart, mind, and action.

I pray for that change every day. You should too; or pray that I’m wrong about what always comes next.

Liberty or Bust!

Andrew Horning

Libertarian for 8th District US House of Representatives

Facebook www.facebook.com/HorningForCongress/

Campaign Twitter www.twitter.com/HorningCongress 

Blog https://wedeclare.wordpress.com/

Website http://andrewhorning.wix.com/horningforcongress

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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

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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:

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 Demorepublicrats, or socialism versus fascism versus libertarianism 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.

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:

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1. Stop voting for it! And by “it,” I of course mean the global crony network whose puppets we call The Two Party System. 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 Libertarian, independent, Green…anything or anybody but the Democratic and Republican party 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.  They cannot fix their party, or the people who control it; and a vote for even these people, is a vote for the crony system they chose to represent.  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 against the Two Party System as though it’s war! Because, of course, it is.

 

Radically Reasonable

Besides the complaints about jobs, money and immigration that now seem ubiquitous on this planet, the Brexit supporters complained about the “unelected bureaucrats” in Brussels who write laws for all of Europe. This ruling cabal of commissioners was called things like, “…overpaid and arrogant, but opaque and unaccountable…”

USA wonks nodded their smug comprehension, apparently thinking that at least we elect our lawmakers on this side of the pond. At least our lawmakers can be fired.

But we don’t fire them. Nor can we; because most of our laws aren’t written by people authorized to write laws. And we didn’t elect them.

And, no, I’m not even talking about the lobbyists who write most of what Congress makes law.

You see, while the “lawmakers” in the US Congress are of course overpaid, arrogant, and almost completely corrupt, they’re practically irrelevant now.

Unelected bureaucrats in innumerable federal agencies (DOE, FDA, FCC, USDA, IRS…) and even private organizations with governing powers like “The Federal Reserve System,” make thirty times as many regulations as does the US Congress, though Article I Section I of the Constitution for the USA restricts all legislative powers to only congress. Even if counting only those regulations that affect USA citizens directly, bureaucrats wrote sixteen times as many laws as did the US Congress.

Some say the rapidly growing regulatory burden amounts to around $15K per year for every USA household. Whatever the actual cost, unregulated regulation is literally criminal, and very destructive to our prosperity, independence, opportunity and of course, freedom.

What’s worse is that these agencies are also, quite unlike our US Congress, heavily armed against us.

They have been granted legislative, judicial, and executive powers (armed with SWAT teams and military gear…the USDA has machine guns! Even the federal DEPARTMENT OF EDUCATION is armed now!!!) without checks and balances, without an electoral accountability, and without any constitutional authority.

And this doesn’t even count the UN

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The Two Party System has to go

So,

I propose we limit lawmaking to only lawmakers, as the constitution demands.

I propose a sunset rule or constitutional amendment – a 10-year expiration date for all non-constitutionally specified agencies, laws, powers and programs to gracefully remove, or at least review for reinstatement, everything that’s not specifically written into the constitution.

I propose a Rule of Law reboot, to affirm that politicians must obey laws too…at last.

I propose we stand down our global military “whack-a-mole” machine, and concentrate on defending our homeland instead of browbeating and manipulating the world.

I propose that our government issue only sound money as constitutionally required, and allow free market trade and monetary alternatives as our constitution also demands (Amendments 9 and 10 in particular).

All this is what we’re supposed to be doing anyway. It’s what many of us think is what’s happening now.

It’s unfortunate that this sane, legal, proven sensibility would be nothing less than a revolution.

What’s fortunate is that it already belongs to us. We need only to choose it on Election Day.

HorningCongress640

About Our Guns…

Let’s get some things straight about the 2nd Amendment that have little to do with personal protection or fighting off an ungoverned government:

The USA Constitution‘s Article I, Section 8:15 does grant Congress the rather scary authority, “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.

Many people stop reading here, thinking this grants the federal government essentially total military power and authority over everything, including you; you uppity citizen.

Article I, Section 8:16 further grants Congress authority “To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.”

This is considerable power over militias, but look at the delimiter, “…governing such Part of them as may be employed in the Service of the United States…” (bold is my added emphasis)

That should make us think about what the state constitutions say about the “Part of them” not governed by the feds, but we’ll get to that shortly.

Article I, Section 10:3 provides enough confusion in today’s context that, without the state constitutions, you might get the wrong idea about militias: “No State shall, without the Consent of Congress… keep Troops, or Ships of War in time of Peace …or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
If you can’t “keep Troops” in peace time, how could a state respond to invasion or other imminent danger?

Article II Section 2 should provoke some thought, though: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.

Again, this won’t make proper sense without state constitution context.

So here’s what the Indiana Constitution says.

Let’s first consider the Indiana Constitution‘s Article 2, Section 9:

No person holding a lucrative office or appointment under the United States or under this State is eligible to a seat in the General Assembly; and no person may hold more than one lucrative office at the same time, except as expressly permitted in this Constitution. Offices in the militia to which there is attached no annual salary shall not be deemed lucrative.”

Bear with me a little bit here. This section is intended to prevent conflicts of interest where government employees can write laws directly affecting their salary, benefits, etc. So, actually, lawyers shouldn’t be lawmakers, teachers and firemen and cops shouldn’t be lawmakers. Militia is called out separately, with this: “…to which there is attached no annual salary…” That’s the key bit that becomes relevant later…

Indiana’s Article 5, Section 12 is where things ought to start coming together: “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.” (again, boldface is my emphasis, but you really ought to be raising your eyebrows at this too. This is even as amended in 1984. This is still law!)

Alright, now that I have your attention, let’s move to Article 12, Section 1 of the Indiana Constitution, which was amended as recently as 1974:

A militia shall be provided and shall consist of all persons over the age of seventeen (17) years, except those persons who may be exempted by the laws of the United States or of this state. The militia may be divided into active and inactive classes and consist of such military organizations as may be provided by law.

YOU!OK, there it is. I’m supposed to be in the militia. So are you. Anybody over 17, unless a conscientious objector or otherwise excluded by law, is the militia. We are constitutionally to be more like Switzerland, where kids learn gun safety early on, and everybody plays a part in the defense of the Canton/County, state and nation.  And we used to be until a little over a hundred years ago. Even more recently, kids still learned gun safety…in public schools!

But now, still, by law, you are supposed to be trained in the use of weapons, as a militia member, including the sort of weapons that’d make Nancy Pelosi scream, as in Indiana’s Article I Section 32, “…for the defense of themselves and the State.”

(This is why, dammit, you have to read both your state and federal constitutions to get the whole picture when it comes to anything having to do with politics.)

There’s more, of course, but I need to get to the point:
We’re not doing any of this at all, and we need to. Pronto.

Without going into how, why or when we became a global empire of fear and aggression, I want to as quickly as possible, and by big steps, nullify this self-destructive mess, and enforce/invoke/do the constitutions, as written; to restore our freedom, prosperity, opportunity, justice and security, for all.

I want to stand down our professional, global, permanent war industry. That would not only reduce the obvious blowback of constantly blowing $#!+ up in other people’s countries, it would make us more secure here at home.

And a lot richer!

We could afford to actually keep the promises we make to our soldiers in both regular and “National Guard” ranks. We’ve currently no way to keep up with the escalating costs of medical care and pensions. Not until we massively cut our global monstrosity of destruction, and return our military to its proper role and structure in national defense. Real national defense.

GunI want kids to learn about both the danger and proper use of weapons. That would not only raise up a nation better able to defend itself, it would also greatly reduce the irresponsible, stupid accidents, and unchecked violence in places like Chicago (where guns are essentially illegal and therefore ubiquitous in all the wrong hands) we now suffer.

And I want our armies out of the control of all the wrong people. You know that our government sold out. If you’re reading this, you probably know a good part of our global weaponry is unleashed in service to our financial sector’s fiat currency scams, the “petrodollar” scheme, the CIA (which I’d like to kill, gut and mount on the wall as a warning to future generations that we must never allow such a thing again) and the military industrialists we were warned about by a dozen USA Presidents.

rememberThere’s nothing civilized about delegating away all our violence and acting like it’s right. The damage we do to our own children’s lives, minds, bodies, careers and family lives, just to soothe our trembling nerves, is both embarrassing, and sin.

Putting this right would be a major part of making our government go legit, at long last, with world peace a possible side effect.
Would that be so bad?
It’s our decision. We can make this next Election Day a peaceful revolution to finally make good on the dreams of 1776. Please think on it.

Nullification – It already happens, all the time

I want two things from every level of politics:

1. A federal 10th Amendment / Indiana Article I Section 25 view of our constitutions.

2. Nullification of everything else from politics.

Our constitutions have already been effectively nullified by the endless stream of political prohibitions and mandates, subsidies and taxes, regulations and corruption.  I want our constitutions, state and federal, reinstated, by nullifying everything that violates them.
NullifyAndyI’ll explain.

“Nullification” as a legal doctrine, is very simply, invalidating a law by ignoring it, ruling against it, or refusing to enforce or obey it.  When states nullify a federal law, it’s often called “interposition,” but that’s just fancy talk.

Among the few who understand their meaning, the words “nullification” and “interposition” have somehow acquired a simultaneously religious, conspiratorial and rebellious meaning.  That is weird, because nullification and interposition happen every day, everywhere in the USA.

If you look up the terms on a legal site or Wikipedia, you will likely read that the practice has never been upheld in court. But that’s bunk-in-action.

Practically all legislation, Executive Orders, bureaucratic rules; practically every high court case and government action at every level nullifies some part of our constitutions, our laws and culture.  Courts nullify legislation all the time…it actually is part of their job.  And it’s absolutely the job of Executives (Governors, the POTUS) to nullify, by denying execution, of unconstitutional laws, agencies, expenditures and actions.

Sometimes the nullification is subtle and by parts; such as laws restricting the right to weapons, or nationalizing our state militias, which increasingly nullify the Second Amendment and our whole constitutional and social design for peace, sane foreign policy, and self-defense.

Sometimes it’s overt; such as when President Obama and the DOJ nullified the Defense Of Marriage Act in 2011; or when Obama essentially nullified the 2006 Secure Fence Act (I’m not saying it was wrong to do so in either case).  Or when the FCC started regulating the internet in violation of a federal court order (that was wrong). …Or when Kim Davis attempted to nullify both a Judge’s and Governor’s nullification of an Amendent of the Kentucky Constitution which nullified the federal constitution (that was a lot of nullification, and I am saying that Davis was wrong to do it).

Sometimes the nullification is from ignorance.  Who’s read the state constitution, for instance…so how would anybody know when politicians violate it?

Sometimes it is by brute force when a cop or soldier nullifies rights literally to death.

Rarely, some smart-Alec citizen invokes a jury’s right to nullify bad laws or bad application of law.  (Juries have tremendous power; though judges never tell jurors that anymore).

However you look at it, and from every level of government, from the citizen on up, nullification happens every single day.

Every Single Day.BWLadyLib

Let that sink in a minute.

 

Every day.

It happens.

All the time.

Everywhere.

Up to now, there’s been a direction to that nullification.

To make governments, bureaucracies, corporations and programs bigger, costlier, more heavily armed and aggressive, more intrusive, more secretive and even more corrupt (though that last part is getting very hard to do), constitutions at both state and federal levels, had to be nullified.

Not all nullification has been bad.  Courts have nullified what used to be the “settled law” of past generations in some good ways.  Slavery exists now mostly in other countries, and the Jim Crow laws are gone, thank God.  But the power the federal government gobbled up in the meantime has been used to heap entirely different evils upon us, such that now, our trans-generational debt/theft machines and their incessant wars are about to cause us horrible grief.

My vote is mine.  I won’t waste it anymore on the status quo mess.  I mean to use my power of peaceful revolution as intended.

So here’s all that I will vote for:

1. A federal 10th Amendment / Indiana Article I Section 25 view of our constitutions.

2. Nullification of everything else from politics!

In other words, I want government to do exactly and only what it’s supposed to do, and otherwise leave us and everybody else alone.  I want politicians out of our lives and wallets and rights as much as humanly possible.  I want a lot LESS from politicians, in summary.

And I won’t vote for any less than that.

 

*Well…OK, the candidate can’t be a Democrat/Republican, but that’s a different story...

 

You wanna talk inequality?

As defined by Ind. Code § 3-5-2-30, there are two extremely unequal classes of citizens in terms of political and electoral rights, powers, privileges and immunities in Indiana:

  1. Those associated with the two private organizations called “Major Political Parties” (Democratic party partisans and Republican party partisans), and,
  2. Everyone else.

This violates Article I, Section 23 of the Indiana Constitution – “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 the equal protections clause of the USA Constitution’s 14th amendment – “No State shall . . . deny to any person within its jurisdiction the equal protection of the laws.”

So, today I mailed in my $400 check and complaint to the Terre Haute Division of Indiana’s US Southern District Court to seek remedy of this violation of both Indiana and federal constitutions.

Should I win the suit, the benefits would apply to all citizens of Indiana.  After all, the non-MPP-associated citizens now greatly outnumber those who get the special perks and immunities.  Many Hoosiers feel disenfranchised by a system they know to be corrupt and sold-out and bought-off long ago.  Many have stopped voting, and worse, stopped caring.  Most feel pretty helpless.  An increasing number are talking violence (which is pretty stupid talk if they won’t even change the way they vote!).

This is so unnecessary…

Attached is a public-distribution version of the complaint as sent to the US Southern District Court, Terre Haute Division.

Please start talking about the horrible, criminal, unsustainably bad political corruption we suffer.  Talk about this case, and everything that relates to the sellout of our nation by politicians and their owners who feel no pressure to change anything.

Remember; while our so-called approval ratings of politicians have dropped to an all-time low, incumbent reelection rates have risen to all-time highs.  It’s stupid to say we hate this mess with our mouths; then say we love it with our votes!

BWLadyLibThere is only one poll politicians and their operators care about, after all; and that’s the one on Election Day, when We The People foolishly keep reelecting and reelecting the same !@#$ crony system, same incumbent politicians and parties, over and over without any electoral clue that we’re upset about anything.

And courts are much more swayed by public mood than by law.  We need to change our sheepish, fuzzy-headed, misinformed and yet divided-against-ourselves mood.

Get madat the right people!

Write letters to the editor, break taboos, talk about it with acquaintances, express it in interpretive dance and music…we must get the message out that we have bigger problems than deflated footballs and absurd POTUS candidates…and that we can fix this one.

https://wedeclare.files.wordpress.com/2015/09/public-post-complaint.pdf
https://wedeclare.wordpress.com/2015/05/18/your-government-is-corrupt-very-very-corrupt/
https://wedeclare.files.wordpress.com/2014/03/two-party-system.pdf 

Wanted: A Lawyer to Save the Law

George Washington, among others, warned us about political parties. Andrew Jackson waged war on the “den of vipers” central bankers. Woodrow Wilson described the “worst ruled, one of the most completely controlled and dominated governments in the civilized world.” Dwight Eisenhower revealed a “military industrial complex.”

Even today’s politicians scold us about political corruption. Yet here we are with a government that’s embarrassingly, destructively, violently corrupt. It’s danged peculiar we all talk like we know it and then vote as if we don’t.

So I propose we make some changes. I intend to directly attack the monopolistic cartel we call the Two-Party System — a system based upon special deals for special people, and those special people have built amazing defenses against us regular folks.

To make those changes I will need help. For despite the Indiana Constitution’s clear mandate in Article I Section 12 that “Justice shall be administered freely, and without purchase;” or the First Amendments’ unequivocal right to petition the government for a redress of grievances, our taxes do not pay for justice.

Sure, they pay for courts, lawyers and judges and such, not to mention professional sports, abortions in China, investments by Puerto Ricans and studying the gambling habits of monkeys. But your day in court? You pay through the nose for that.

For example, you’re not allowed to represent yourself in certain kinds of cases, one being a class-action suit that I’d like to press. And lawyers who would take such a case cost more money than any 100 of us 99 percenters could ever afford. That’s firewall #1 of “the system.”

Therefore, I can only bring suit on behalf of myself.  Since nobody will tell you how to do that mysterious, legalistic, intentionally difficult thing, and since I’m no lawyer (we shouldn’t need them in almost all cases!), I’m only guessing how to do this.  Here is my first draft: https://wedeclare.files.wordpress.com/2015/08/andys-complaint.pdf

And because there are special Latinate incantations for everything, including representing yourself, I will be precariously pro se. That still costs a lot of money, of course, and if I don’t fill out my forms correctly, or if I misspell Suvoir Dire, my case could be, ab irato, “dismissed with prejudice,” res judicata, with “collateral estoppel,” and absolutum dominium ad infinitum. I’d never even see the courtroom. That’s firewall #2.

And to whom would I be making this appeal? People who make their living off of all the division and discord created by corruption; people who are elite members of the private clubs we call the Democratic and Republican parties; people who have no desire to see me win my case and every reason to make me lose it. That’s firewall #3.

Finally, even the best, most fair-minded judges would understand that I’m seeking a huge structural, systematic change to our society and would be fearful of repercussions from making a correct, constitutional, fair judgment. What I’m asking, you see, would fundamentally change the way the United States works. That is firewall #4 (with an alligator-infested moat).

If I would make it to court, after breaching the various obstacles of legal discovery and more paperwork, it could end up costing me even more should the judge invoke lex talionis and make me pay all legal fees plus any pain and suffering I might cause the rich and mighty.

So, again, I could use some help. There are lawyers who are interested in true justice and hate corruption. There are people who have successfully fought “the system.” There are those who could support this project in innumerable ways. If you are one of them, please contact me here.

Indiana’s embarrassing tribalism

Like everything Democrat v Republican, the Orwellian-styled legalistic effluvium known as the “Religious Freedom Restoration Act” (Indiana’s recent edition of this, anyway) has become its own religion, with priests and heretics, idolaters and zealous enemies pro and con.  So, once again, the self-appointed Two Party System has you arbitrarily separated into two opposing partisan tribes, feuding against each other needlessly, in our apparently endless game of Enemy Du Jour Whack-A-Mole.

This is stupid, destructive, and, of course, unconstitutional.

Unless you actually read the text of the law, you are deceived by the profusion of political rhetoric.  If you do read the law and still think it’s what the combatants, pro and con, say it is, you are self-deceived.

Let’s take this step by step, shall we?

First, did anybody amend the Indiana Constitution’s Article I Sections 1-5, where people are acknowledged to have religious rights surpassing any government power?

No.

So why do these enumerated rights need restoration?  Who took away these rights?  From whom do they need to be restored if politicians were to keep their mitts off these freedoms?

Why do we think this law is necessary?

Because no politician in Indiana is keeping her/his oath of office, that’s why.

Nobody is affirming constitutional rights over the plethora of contradictory, divisive, cliquish and corrupt laws that, according to the Indiana Constitution’s Article I Section 25, (and as clarified by the federal constitution’s 9th and 10th amendments) are null and void anyway.

Nobody is doing the constitutions.  Not politicians, and certainly not voters who can’ be bothered with such things when there’s always something more entertaining going on.

I shouldn’t have to go any further than that.

But let’s look at the law itself now:

Sec. 6. As used in this chapter, “governmental entity” includes the whole or any part of a branch, department, agency, instrumentality, official, or other individual or entity acting under color of law of any of the following: (1) State government. (2) A political subdivision (as defined in IC 36-1-2-13). (3) An instrumentality of a governmental entity described in subdivision(1) or (2), including a state educational institution, a body politic, a body corporate and politic, or any other similar entity established by law.”

Pay attention to the preceding definition of applicable governmental entity.  It basically grants that all agents of our current government, including bureaucrats, teachers, or anybody under political whim, has authority under this law.  For the purposes of this law (you’ve got to read it), that is unconstitutionally granting that non-executives have executive power, and non-judicial folk have judicial powers, since this law grants (as you will see) broad powers of judgment and action to governmental entities to “burden” your rights.

Before pondering the obviously vague term, “burden,” let’s get more into the more clearly understandable “language” (Newspeak for “words”).

Sec. 7. As used in this chapter, “person” includes the following: (1) An individual. (2) An organization, a religious society, a church, a body of communicants, or a group organized and operated primarily for religious purposes. (3) A partnership, a limited liability company, a corporation, a company, a firm, a society, a joint-stock company, an unincorporated association, or another entity that: (A) may sue and be sued; and (B) exercises practices that are compelled or limited by a system of religious belief held by: (i) an individual; or (ii) the individuals; who have control and substantial ownership of the entity, regardless of whether the entity is organized and operated for profit or nonprofit purposes.”

Note the corporate person fiction.  Corporations, including churches under 501c3, are already under political authority as they, unlike actual living people, are government-created abstractions.  Grouping actual humans into this should warn you that this law evokes all the usual corruption.  But most people don’t get this, and that is another topic for another day, so I’ll move on to the more actionable words:

Sec. 8. (a) Except as provided in subsection (b), a governmental entity may not substantially burden a person’s exercise of religion, even if the burden results from a rule of general applicability. (b) A governmental entity may substantially burden a person’s exercise of religion only if the governmental entity demonstrates that application of the burden to the person: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.

Sec. 9. A person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, by a violation of this chapter may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state or any other governmental entity is a party to the proceeding. If the relevant governmental entity is not a party to the proceeding, the governmental entity has an unconditional right to intervene in order to respond to the person’s invocation of this chapter.

Sec. 10. (a) If a court or other tribunal in which a violation of this chapter is asserted in conformity with section 9 of this chapter determines that: (1) the person’s exercise of religion has been substantially burdened, or is likely to be substantially burdened; and (2) the governmental entity imposing the burden has not demonstrated that application of the burden to the person: (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest; the court or other tribunal shall allow a defense against any party and shall grant appropriate relief against the governmental entity. (b) Relief against the governmental entity may include any of the following: (1) Declaratory relief or an injunction or mandate that prevents, restrains, corrects, or abates the violation of this chapter. (2) Compensatory damages. (c) In the appropriate case, the court or other tribunal also may award all or part of the costs of litigation, including reasonable attorney’s fees, to a person that prevails against the governmental entity under this chapter.”

Here’s where the rubber meets the road.  Read the whole section above and see how, “A governmental entity may substantially burden a person’s exercise of religion only if…” …it wants to.

Do you not see what happens here?  Read the Indiana Constitution’s Article I Section 25.  Try to find anywhere in that constitution where politicians should have any authority to write a law that in any way “burden a person’s” rights, either enumerated or not.  That’s not how the constitutions, state and federal, are supposed to work…at all!

We The People are supposed to be the boss of government, not the other way around!

Boiling down what the law actually says:

The state itself can’t oppose your rights…unless it wants to.  The state may back you up in court…or not.  The state is who the state says it is, and it decides whether its motives and actions are right, or not.

Does this comfort you?

It never affirms anybody’s rights in any way at all.  It never grants that you can do business as you see fit.  It never says that nobody will make you sell when you don’t want to sell.  It never says the state can’t force you to compromise your religious beliefs in action. 

To the contrary…it says very clearly that the state may well oppose you in all the above.

Now, back to that “burden” thing…

The Indiana Constitution’s Article 4, Section 20 says, “Every act and joint resolution shall be plainly worded…”

What’s plain about “burden?”  What are the limits of that law-defining-word?

Yeah, that’s what I think, too.

So, my dear fellow mortal human sinners…we’ve screwed up yet again.  We’ve again given everything unto Caesar.

Gay…Marriage? Is THAT what we think this is about?

PRESS RELEASE: Gay…Marriage? Is THAT what we think this is about?

Andrew Horning, Candidate for Indiana US Senate

May 15, 2012

Freedom, IN: Like all things political, the “gay marriage” issue has become far more battle cry and “litmus test” than sane discussion.

What we call gay marriage is not (I repeat, NOT) about a church recognized covenant between a man, a woman, and God.  No, the church gave that unto Caesar a long time ago.  That’s why the minister says, “…by the power vested in me by the State of…”

And it is most definitely not about love and relationships.

Marriage, my fellow Americans, is politics.

Now, marriage is about Social Security, bereavement pay, visitation rights, property rights, work rules, tax rules, and more rules, rules rules from the Great Caesar’s Golden Calf.  Marriage is legal, contractual, corporate, political privilege, rights, guardianship and healthcare.

So, those who now want to claim the moral high ground on traditional marriage have wallowed into the preposterous role of promoting disparity in matters of simple justice.

I propose we get politics entirely out of marriage.  From the Christian perspective, we should take from Caesar what is God’s. From the secular perspective, we should make policy and law that does not involve sorting, allocating and denying rights based upon abstract and arbitrary political categories.

Not only is this the moral thing to do, it is also the Law of the Land.  Our constitutions were written in large part to prevent politicians from granting “to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.” (Indiana Constitution Article I Section 23)

That is what I’m putting on the ballot – rules that are few enough to know, simple enough to understand, and important enough that they’re to apply equally…to all.

This is all written down in the annotated Indiana and US Constitutions at http://horningforsenate.com.  These precious, workable laws will be on the US Senate ballot exclusively under the name, Andrew Horning (L).

 

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