July 26, 2017

American Individualism is a Product of Much Work by our Founders

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American individualism is a product of much work by our Founders, a meeting of the minds of Federalists and Anti-Federalists, and its many centuries’ old principles are embodied in the US Constitution. The Magna Charta is about 800 years old and still very relevant. American individualism forms the foundational basis of our government and therefore cannot be anti-government. But it is clearly anti-Communist, anti-fascist Nationalist and anti-consolidation-of-power found in similarly in the Communist Manifesto, the Koran and the bureaucratic administrative states in America.

Drunken Karl Marx, responsible for nothing, created distinctions without differences. Part of his psycho-babble was “I stroll through the destruction a creator.” Setting classes against each other, that is, creating distinctions without differences, is an established tactic of the Communists, so said FBI’s J. Edgar Hoover, a loyal, trustworthy and moral American if there ever was one.

Von Mises’ 1951 refutation of the class divisions of Marxist Socialism entitled “Socialism” at page 299 states that, “Once it has been perceived that the division of labour is the essence of society, nothing remains of the antithesis between individual and society. The contradiction between individual principle and social principle disappears.”

In other words, not only is American individualism not antagonistic to society’s government, its miracle of freedom created the strongest government in the world in the history of mankind. And, the highest per capita income in the world ever since the 1830’s, as the late British economist Angus Maddison observed.

But for too many decades now, America has been moving away from founding principles of limited government and individual freedom.

So what are the common characteristics between Communism, the Koran and the administrative bureaucracies that destroy the fundamental Constitutional freedoms of individualism?

In short, each consolidates power. Both the Communist Manifesto and the Koran advocate gangs of indoctrinated who roam society and mete out “social justice”, if you will, as they find it. Bureaucratic agencies use Investigators who roam about or are tipped off by anonymous contacts. These three types of consolidated power get rid of the role of pesky lawyers, but they also combine a number of divisions of labor that are prohibited in our history by English Common Law as expounded by Wm. Blackstone. Only the administrative process attempts to hide the consolidation of power by having law-trained administrative law judges rubber stamp the steam-roller process in kangaroo court. But substantive (authentic) due process requires more. Much more.

Everyone can inherently understand the reasoning behind the common law’s prohibition of the Sheriff also serving as the Judge as a conflict of interest. It is obvious that the Sheriff will not accuse and arrest unless the Sheriff is convinced of guilt. And the Judge is supposed to be impartial. If not, a Jury will stand between the individual and the government. Add the requirement that the laws be published in writing and come from an elected legislative body, and you describe the requirements of the Magna Charta.

But when Communists or radical Muslims grab, accuse and execute you, they act as Sheriff, Judge, Jury and Executioner. It’s more complicated than that in the administrative state. The agency Investigator, sees the offense, sends in the information, and by letter, the agency tells the accused of the fine for the violation. So the agency acts as both the Sheriff and the Judge. The agency has another agent contact the accused to work out a deal. Many times, a deal is struck because the agency offers to settle for a lesser amount now, but more if you exercise your Constitutional rights. But everyone in the agency acts as One on behalf of the agency.

The agency accuses you, sentences you, tries to work a settlement with you, then enforces the sentence. As a general rule in the legal system, the initial accuser cannot be anonymous. And the administrative rules are not created the same way a law is.

And as a general proposition in court litigation, there are ethical rules regarding attorney communications with the opposite party that do not apply in agency settlement “talks”. But with agency actions, you get no jury trial right, even on appeal to the Judicial branch. In fact, changing the process from an appeal to the Judicial branch to a review by the Judicial branch simply makes the Judicial branch an extension of the administrative law judge function.

Such is more than a lack of niceties. It is a consolidation of power. But the consolidation does not end there.

Prof. Hamburger in his 2014 legal treatise “Is Administrative Law Unlawful?” from which much of the foregoing is exquisitely detailed, summarizes the consolidation of power at page 323 thusly: “In other words, administrative law harks back not merely to the time before the adoption of the United States Constitution, but all the way to the early Middle Ages. It then was commonplace to imagine that government power belonged to a single person or group that would be sufficiently wise, forceful, and judicious that it could be entrusted with all government power.”

To further describe the consolidation of power in bureaucratic agencies (the administrative state) in more detail, Prof. Hamburger makes the analogy of the human “intellect, will, and force” to the three separation of powers being the “lawmaking will, executive force, and judicial understanding…”. Id at pages 326-327.

He further points out that in the exercise of legislative will, the legislature is divided into two houses, and made up of elected people who represent individual interests. And the result of that legislative will must survive the Executive’s veto. Then there is the Executive who may be removed by the Legislature and Judiciary under certain circumstances. And the Judiciary is made up of three divisions of courts beginning with the trial court and two appellate courts to review decisions.

But Executive’s agency rules evade all of those safeguards by consolidating its rule-making process to a publish and comment process that, frankly, seems to operate more as a “should we go slower or faster” military-style after-action report.

And that is not the worst of it. Judicial deference to rule making, deference to rule interpretation and deference to the agency’s facts is an inexcusable abandonment of the duty of the Judicial branch to expound upon the law, or in this case the administrative rule. The most powerful point supporting that assertion is the fact that the Judicial branch does not allow even Congress to interpret its own laws, but it defers to the administrative state’s interpretation of its own rules. And the administrative state agency is a party in the litigation.

To a lawyer, deference to a party litigant is a shocking discovery. The Judge is supposed to be impartial, neutral. But it cannot when it defers to one of the parties in the litigation.

In those ways, administrative law defeats America’s unique Constitutional individualism. And major reform must be done. One is that the Judiciary must be reminded of its duty. And laws designed to thwart the proper judicial role must be changed and or found to be unconstitutional violations of the separation of powers. Two, administrative law judges whose decisions approving agency actions are overturned on Constitutional grounds two times should become automatically disqualified to work for government for life. This two strike rule should not disbar the attorney, but put him or her out into the private sector to make a living.

Livy, sharing thoughts and opinion from a bunkhouse on the southern high plains of Texas.

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  • GoldDust

    “American” u.s. citizen serf slavery fee simple tenant on the land owned by the King of England status is a product of deception promulgated by those Founding Farters who no doubt did participate in a controlled opposition meeting of the minds with men claiming to be Anti-Federalists, and its many centuries’ leading clear back to the concessions of King John in 1213 The Pope holds allodial title the lands and the slaves principles are embodied in the US Constitution. The Magna Charta is about 800 years old is not a very relevant document as the Pope himself nullified it as it was signed by the King under threat of death. Slavery dear counselor not individualism, especially not Biblical Individualism; Not the stench you preach which is reaching the heavens and the nose of your maker. Free Will, Individualism, freedom of conscience comes from the designer. Not these Babylonian frauds you’re in love with..

    Now there are varieties of gifts, but the same Spirit. And there are varieties of ministries, and the same Lord. There are varieties of effects, but the same God who works all things in all persons. —1 Corinthians 12:4-6

    Since we have gifts that differ according to the grace given to us, each of us is to exercise them accordingly: if prophecy, according to the proportion of his faith; if service, in his serving; or he who teaches, in his teaching; or he who exhorts, in his exhortation; he who gives, with liberality; he who leads, with diligence; he who shows mercy, with cheerfulness.—Romans 12:6-8

    For to one is given the word of wisdom through the Spirit, and to another the word of knowledge according to the same Spirit; to another faith by the same Spirit, and to another gifts of healing by the one Spirit, and to another the effecting of miracles, and to another prophecy, and to another the distinguishing of spirits, to another various kinds of tongues, and to another the interpretation of tongues.But one and the same Spirit works all these things, distributing to each one individually just as He wills. —1 Corinthians 12:8-11

    And He gave some as apostles, and some as prophets, and some as evangelists, and some as pastors and teachers, —Ephesians 4:11

    God also testifying with them, both by signs and wonders and by various miracles and by gifts of the Holy Spirit according to His own will.—Hebrews 2:4

    As each one has received a special gift, employ it in serving one another as good stewards of the manifold grace of God. —1 Peter 4:10

    “For it is just like a man about to go on a journey, who called his own slaves and entrusted his possessions to them. “To one he gave five talents, to another, two, and to another, one, each according to his own ability; and he went on his journey.’—Matthew 25:14-15

    So He said, “A nobleman went to a distant country to receive a kingdom for himself, and then return. “And he called ten of his slaves, and gave them ten minas and said to them, ‘Do business with this until I come back.’—Luke 19:12-13

    For who regards you as superior? What do you have that you did not receive? And if you did receive it, why do you boast as if you had not received it?—1 Corinthians 4:7

    For even as the body is one and yet has many members, and all the members of the body, though they are many, are one body, so also is Christ.—1 Corinthians 12:12

    For just as we have many members in one body and all the members do not have the same function, so we, who are many, are one body in Christ, and individually members one of another.—Romans 12:4-5

    For the body is not one member, but many.—1 Corinthians 12:14

    1 Corinthians 12:21-26

    And the eye cannot say to the hand, “I have no need of you”; or again the head to the feet, “I have no need of you.” On the contrary, it is much truer that the members of the body which seem to be weaker are necessary; and those members of the body which we deem less honorable, on these we bestow more abundant honor, and our less presentable members become much more presentable, whereas our more presentable members have no need of it. But God has so composed the body, giving more abundant honor to that member which lacked, so that there may be no division in the body, but that the members may have the same care for one another. And if one member suffers, all the members suffer with it; if one member is honored, all the members rejoice with it.— 1 Corinthians 12:21-26

    For through the grace given to me I say to everyone among you not to think more highly of himself than he ought to think; but to think so as to have sound judgment, as God has allotted to each a measure of faith. —Romans 12:3

    Do nothing from selfishness or empty conceit, but with humility of mind regard one another as more important than yourselves;—Philippians 2:3

    They were continually devoting themselves to the apostles’ teaching and to fellowship, to the breaking of bread and to prayer.—Acts 2:42

    And all those who had believed were together and had all things in common;—Acts 2:44

    For there was not a needy person among them, for all who were owners of land or houses would sell them and bring the proceeds of the sales and lay them at the apostles’ feet, and they would be distributed to each as any had need.—Acts 4:34-35

    For this is not for the ease of others and for your affliction, but by way of equality– at this present time your abundance being a supply for their need, so that their abundance also may become a supply for your need, that there may be equality;—2 Corinthians 8:13-14

    Because of the proof given by this ministry, they will glorify God for your obedience to your confession of the gospel of Christ and for the liberality of your contribution to them and to all,—2 Corinthians 9:13

    And do not neglect doing good and sharing, for with such sacrifices God is pleased.—Hebrews 13:16

    Jeremiah 1:5 – Before I formed thee in the belly I knew thee; and before thou camest forth out of the womb I sanctified thee, [and] I ordained thee a prophet unto the nations.

    Galatians 6:1-18 – Brethren, if a man be overtaken in a fault, ye which are spiritual, restore such an one in the spirit of meekness; considering thyself, lest thou also be tempted.

    2 Bear ye one another’s burdens, and so fulfil the law of Christ.

    3 For if a man think himself to be something, when he is nothing, he deceiveth himself.

    4 But let every man prove his own work, and then shall he have rejoicing in himself alone, and not in another.

    5 For every man shall bear his own burden.

    6 Let him that is taught in the word communicate unto him that teacheth in all good things.

    7 Be not deceived; God is not mocked: for whatsoever a man soweth, that shall he also reap.

    8 For he that soweth to his flesh shall of the flesh reap corruption; but he that soweth to the Spirit shall of the Spirit reap life everlasting.

    9 And let us not be weary in well doing: for in due season we shall reap, if we faint not.

    10 As we have therefore opportunity, let us do good unto all [men], especially unto them who are of the household of faith.

    11 Ye see how large a letter I have written unto you with mine own hand.

    12 As many as desire to make a fair shew in the flesh, they constrain you to be circumcised; only lest they should suffer persecution for the cross of Christ.

    13 For neither they themselves who are circumcised keep the law; but desire to have you circumcised, that they may glory in your flesh.

    14 But God forbid that I should glory, save in the cross of our Lord Jesus Christ, by whom the world is crucified unto me, and I unto the world.

    15 For in Christ Jesus neither circumcision availeth any thing, nor uncircumcision, but a new creature.

    16 And as many as walk according to this rule, peace [be] on them, and mercy, and upon the Israel of God.

    17 From henceforth let no man trouble me: for I bear in my body the marks of the Lord Jesus.

    18 Brethren, the grace of our Lord Jesus Christ [be] with your spirit. Amen. ([To [the] Galatians written from Rome.])

    Genesis 1:27 – So God created man in his [own] image, in the image of God created he him; male and female created he them.

    Genesis 1:26 – And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.

    Galatians 6:4 – But let every man prove his own work, and then shall he have rejoicing in himself alone, and not in another.

    1 John 2:27 – But the anointing which ye have received of him abideth in you, and ye need not that any man teach you: but as the same anointing teacheth you of all things, and is truth, and is no lie, and even as it hath taught you, ye shall abide in him.

  • GoldDust

    King John’s Concession

    Summary: Here is the full text of King John’s 1213 Concession to Pope Innocent III (all emphases added).

    http://amazingdiscoveries.org/S-deception-King-Johns-Concession_Pope_fealty

    Concessions that Changed the World

    http://amazingdiscoveries.org/S-deception-King-John_Pope_Crown

    “King John broke the terms of this charter by signing the Magna Carta on June 15, 1215. Remember; the penalty for breaking the 1213 agreement wasthe loss of the Crown (right to the kingdom) to the Pope and his Roman Church. It says so quite plainly. To formally and lawfully take the Crown from the royal monarchs of England by an act of declaration, on August 24, 1215, Pope Innocent III annulled the Magna Carta; later in the year, he placed an Interdict (prohibition) on the entire British empire. From that time until today, the English monarchy and the entire British Crown belonged to the Pope (emphasis added).iii

    Only three of the original clauses in Magna Carta are still law. One defends the freedom and rights of the English church, another confirms the liberties and customs of London and other towns, but the third is the most famous: ”

    “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, nor will we proceed with force against him, except by the lawful judgment of his equals or by the law of the land. To no one will we sell, to no one deny or delay right or justice. ”

    “…it has resonant echoes in the American Bill of Rights and the Universal Declaration of Human Rights.iv”

    MAGNA CARTA

    http://www.freedomwriter.com/Docs_of_Freedom/Magna_Carta_2.htm

    THOSE RIGHTS GRANTED MANKIND COMING FROM MEN OF THE CATHOLIC UNIVERSALISM ANTI CHRISTOS ANTI BIBLICAL LAW CHURCH ARE NOT FROM CHRIST YESHUA YAHWEH THE AUTHOR OF OUR INDIVIDUAL PURPOSE HERE ON THIS EARTH, HIS EARTH..