STOP stealing our wealth, opportunity and security!

The Orwellian “Bank Secrecy Act” of 1970 forces banks to report large financial transactions to federal agents. As with all “federal” laws, since its passage, requirements have gotten tougher, more expansive, and secretive. For example, the “Suspicious Activity Report” invokes a gag order, and nullifies the already-lowered dollar limit such that any financial activity at all may be secretly monitored by federal agents.
Some might think increasing secrecy, power and spying is good; that it keeps us safe.

But voters make decisions on information that is increasingly missing or proven false. It’s foolish to believe that politicians we claim we don’t trust are honest with us when it comes to programs that actually fund their cronyism; like “civil asset forfeiture” programs.

While few know it, police forces now take more money and property from USA citizens by “civil asset forfeiture” (as opposed to “criminal asset forfeiture,” which requires a conviction) than do all other criminals, combined.

This “forfeiture” at gun point doesn’t require charges of any crime, or any warrant. Increasingly, this is done with foreknowledge of money movement, and taken with devices like the “Electronic Recovery and Access to Data” or ERAD (as in eradicate?) machine.

While all this was initially intended to fight drug trade and terrorism, it is in practice irrelevant to either, and is encouraged to fund police departments.

It is literally armed highway robbery. This “policing for profit” must be stopped, not expanded.

But just last week, US House Rep. Larry Bucshon touted his support of, among other anti-constitutional bills, H.R. 5607, the Enhancing Treasury’s Anti-Terror Tools Act.

ETATTA did not go through regular order, and was rushed to the floor under suspension of the rules. No amendments were considered, debate was limited, and, as usual, few representatives actually read the bill before voting on it.

This carelessness is apparent in the practical force of the law proposed – that in violation of the USA Constitution’s Article I Section I, Article II Section I, Article III Section I, and Amendment IV, bureaucrats in executive agencies are granted even more power to write rules, judge their efficacy and infractions, and at least recommend, and ultimately execute, new actions as already imposed upon Americans as by “civil asset forfeiture,” without warrant, probably cause, or conviction of any crime. Furthermore, ETATTA expands the role of the Treasury’s power of spying and enforcement to non-monetary assets – essentially encompassing all property.

Politicians have blurred the lines between good-guy and bad-guy, dividing us by class and race, imprisoning a higher percentage of citizens than any other nation, and making us less secure and prosperous to boot.

In other words, our government has become what it’s supposed to protect us from.

I have a plan to restore respect for the badge and restore faith in all our important institutions. It’s an already well-respected plan to not only police the police and govern government, but also to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity.

 

Liberty or Bust!

Andrew Horning

Libertarian for 8th District US House of Representatives

INDIANA RESOLUTION of 2009?

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

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

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

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

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

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

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

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

Why do we tolerate this?

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

So here’s what I propose:

 

Indiana Resolution

 

WHEREAS

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

 

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

 

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

 

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

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

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

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

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

 

RESOLVED

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

 

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

 

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

 

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

 

 

Dear Governor Daniels,

Congratulations! 

Not that there was any surprise in your victory, but it was well done; without any embarrassing tomfoolery, and with less of the political blather to which we’ve all become quite numb.

Actually, I don’t envy you the job of dealing with what’s about to descend upon us all.  I will pray that you solemnly remember your oath of office, and that God will support you in the trials ahead.

 

Andy Horning

Freedom, IN 47431

Betcha Didn’t Know…

Did you know…

  • That most government spending is illegal?
  • That tax-funded schools are supposed to be identical/equal all across the state? 
  • That it’s illegal to take personal property tax for schools?
  • That justice is supposed to be tax-paid without any additional purchase?
  • That constitutional rights cannot be regulated?
  • That all Indiana politicians swear oaths to both Indiana and USA constitutions?
  • That politicians have only the powers specifically written into constitutions?
  • That only citizens can interpret constitutions, and only jurors can interpret laws?
  • That politicians must obey constitutions…as written?

Well, politicians certainly don’t want you to know these facts, but they’re all clearly written into the laws that protect you from politicians – the state and federal constitutions.

Why belabor the minor nuisances of corporate/political corruption, entrenched political powers, wild spending, shortsighted tax policy or even the “wasted vote” deceit that you’ll no doubt hear over and over again in this campaign?  These are all symptoms; not the disease itself. 

The disease is ungoverned government.  It’s the only anarchy that has ever existed – power without restraint.  And the solution is simple.  You must govern your government.

Fortunately, that’s simple.  You can simply vote for those who swear to honor their oaths of office “to support the Constitution of this State, and of the United States.” 

Unfortunately, all your neighbors don’t know what you now know, and it costs money to get their attention.  Even more unfortunately, the enemies of the simple, uniform justice written into our laws pay lots of money to get special deals.  They pay even more to deceive us.  Too few are willing to pay for a Fair Deal.

Please read through these Indiana Constitution excerpts, and consider what you can do to take back what’s yours by law.

Make checks payable to: Horning for Governor, 7851 Pleasant Hill Road, Freedom, IN 47431.

 

 

The Best Compromise Ever

On Thursday, December 20 at around 9:02 and 11:53 am, WFIU FM (Bloomington, Indiana) will air the following in a segment of “Speak Your Mind:”

“This is Andy Horning, and I have what I think is a reasonable request:   

I want politicians to obey written laws, as written.  No “interpretation” from the bench; no “legal precedents;” no ifs, ands or buts. 

If a law is unclear, politicians can clarify it in print.  If a law is bad, then they can change it, or delete it – in print.     

But I want no more fudging or cheating.  I want politicians to obey what’s written, as written.

In other words, I want the Rule of Law under state and federal constitutions, right here in the USA, that we say we’re fighting for in Iraq. 

That’s it.  That’s what I want.   

Yes, I know.  Constitutions are called “outdated,” as if they can’t be amended.  Constitutions are called “living documents,” as if that makes it OK to swindle them, too.    

It’s no surprise that politicians say such things.  Constitutions are a leash on politicians, after all, and you’d never expect those bad dogs to beg for the leash. 

But most of us have problems with constitutions too.     

Take the Bill of Rights.  Many of us want the 2nd Amendment, but many of us don’t.  About half of us want the 4th and 5th Amendments, but half don’t.  It seems that nobody wants the whole 1st amendment, and almost everybody completely ignores the ninth and tenth.   

We apparently can’t accept that the whole constitution is both the best compromise ever, and the law.  We’re quick to call an unconstitutional foul when it suits us, but are otherwise happy to ignore the laws that protect us from oppression, slavery, genocide and war. 

I challenge you to take just a little time and actually read the state and federal constitutions.  See for yourself if you’re willing to give your neighbor his freedom in order to secure your own.  I’m betting that you’ll conclude that the best compromise of all time is good enough. 

So let’s do this:  Let’s demand that our politicians keep their oaths of office, and obey the laws that both authorize, and limit, their powers.  Let’s accept nothing less.   

Then we will enjoy the blessings of liberty – by allowing others theirs, too. 

For Speak Your Mind, this is Andy Horning.”

 On Friday, the MP3 should be in WFIU’s Archives section.  

It’s Time for an Epiphany

hpim0321.jpghpim0326.jpgkurt.jpg

 

I feel sick that not everybody got the message that the press conference had been cancelled; and that some brave patriots (including Paul Wheeler, dressed like a 1770’s patriot, and my old comrades Eric Barnes and Kurt St. Angelo) went to the Statehouse anyway. 

While it looks like a good time was had by all…I apologize!

A lot of people had planned to drive two hours or more each way (including me and my family), and that made no sense on a sleet/snow/death day like Saturday, so I cancelled.

Anyway…

Attached  is a copy of the letter I sent to the Governor in both hardcopy and digital form; and here’s roughly what I would’ve said at the press conference: 

“On December 15, 1791, the Bill Of Rights was ratified to protect citizens from the threat of ungoverned government.  Over the last two hundred and sixteen years, those precious laws have been twisted, inverted and …”interpreted” until they’ve been stolen from us, and our rights are now just an illusion. 

We want our laws back.

We are here today to ask that our politicians keep their oaths of office.  We say it’s time that all politicians and law enforcement personnel who swore to uphold and defend both the Constitution of the United States and the Constitution of Indiana …do just that. 

We ask, in short, that politicians obey written laws, as written.  No exceptions.  No provisos.  No ifs, ands or buts. 

Thank you. I will now take questions.”

Don’t worry; we’ll reschedule another event.    

In the meantime, assemble your own proof of the abuses heaped upon us by politicians (that’s the easy part).  And get ready. 

Remember, the problem isn’t taxes, wire-tapping, wars, immigration, gay marriage, the Colts, or the Central Library expansion.  Those are only symptoms

This is certainly not about Mitch Daniels or even Ron Paul (even though I support Dr. No 100%).  Ideas are bigger than people.

We must not nibble at the branches of our corruption tree, or be distracted by what are only the symptoms of our communal disease.  We need to strike at the root of all of our most serious problems. 

We need to treat the cause.  We must ask for the law, as written, to be obeyed.  Nothing else will do, you know.  Nothing else has ever worked.Please pass this along.  Shout it in the streets.  And then get ready. 

The next wave of citizen awakening is beginning.

It is time, now.   

Mitch’s Tax Plan?

While I’ve talked about it plenty, it just occurred to me that I’d never written down what I think of the Governor’s tax plan.  And that should be a very easy thing to do…

First, I never, ever said that simply eliminating property tax and replacing it with sales tax would solve any serious problems.  This was misreporting by the media and misinterpretation by a lot of people.  Simply changing tax policy, or swapping one tax for another only moves numbers around.  It solves nothing – especially in the long run.  …And especially considering the web-work of “federal”/state tax rules (corporate status, speech rights, tax “deductions,” etc.) that have made us all serfs, we can’t eliminate one tax up front without taking another tax in the, um…well…somewhere else.

All taxes are a kind of property tax.  Government seizes your income (money), sales (money) or property tax (money) in differing ways but the same ultimate effect.  And if you don’t pay, and aren’t rich/powerful enough to fight back, the government will take more of your property. 

People lose homes to income tax too, y’know.

Though Indiana’s implementation of property tax is awful, the problem isn’t just tax policy; the problem is un-governed government – or power without limits written down in law.  Our politicians are breaking the laws that authorize their powers, and that is what has lead to outrageous spending, and of course, destructive taxation.

Governor Daniels’ proposal does push school funding an infinitesimal fraction closer to what is mandated by the Indiana Constitution (just an itty-bitty, truly tiny fraction).  But other than that, his proposal protects only the governments’ treasury, not citizens’ rights and property.   He shuffles around numbers and leaves untouched the illegal practice of stealing homes to sate political greed.  

There is only one solution to our mess, and that is to lasso our politicians back under law.  In Indiana, that law is both the Indiana Constitution, and the Constitution of the United States of America.  In Indiana, all of our elected officials, police and armed forces swear an oath to uphold both; and it’s time they Just Do It.

If you were hiring a burger-flipper…

Some people who know that I support the Fair Tax have wondered why I’m not a fan of Mike Huckabee.  Other people, who’ve heard me go on about our wide-open borders wonder why I’m not waving a flag for Tom Tancredo.

Well, I also like the idea of UFOs sending rose-scented messages to politicians, but I just can’t rally for Dennis Kucinich.  And while I’m strongly in favor of laissez-faire individual liberties, and while Rudy does look better in drag than he does in a suit, I really can’t vote for him.

Am I picky?  Yes; but no more picky than you or anybody else …in any area other than in politics. 

Let me explain.

If you were to hire a chef, you’d want to know that he or she can cook, right?  You’d check the resume, reviews of previous restaurants, and you’d call interviews to look him or her straight in the eye and assess for yourself whether this person will be a credit or discredit to your organization.  If you were to hire a race car driver, you’d want to know all about previous results, sponsorships, injuries, ability to assess and set up a car…and whether this person will look good and present well in the team jacket.

No matter the job, you want to know that the person you’re hiring isn’t an embarrassing flake or a cagey swindler.  You want to know that the person is respected, truthful, scrupulous and disciplined enough to show up and Do The Job.

I’m no different.  I’m looking for a candidate for the constitutional office of President of the United States of America who will do the job he (or she) is supposed to do.

Sadly, there’s currently only one of those.  Happily, after a very long time without even one, there is oneDr. Ron Paul.

How can I so boldly state that there’s only one?

Well, what’s the job of the President of the United States of America?  What does Article II, Section I of the constitution say the president must swear an oath to do?

I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

So it’s simple then.  None of the candidates (excepting perhaps Hillary) has been president before, but which candidate has already proven invariably determined to preserve, protect and defend the Constitution of the United States? 

If you were to actually read the Constitution and Bill of Rights (yeah, I know; who’s got the hour or so necessary to properly read all that old stuff), then look up the career voting records, issues and even current presidential candidacy rhetoric, you’d see for yourself that only one candidate has any interest in obeying written laws as written.  Only one candidate would honor the Oath of Office.

Really.  Just one.  The other candidates are running for some other office.

I wish there were more to choose from.  But one is better than none; and now is definitely better than never.