April 30, 2017

The Source of American Individualism

In my opinion, the Judeo-Christian concepts of Galatians 5:1, 13, 14, 15 are magic in that these verses are consistent with the assertion that the Bill of Rights to the US Constitution comes from the concept of Judeo-Christian God-given rights.

Gal. 5:1 “Freedom is what we have – Christ has set us free! Stand, then, as free people, and do not allow yourselves to become slaves again.”
13″But do not let this freedom become as excuse for letting your physical desires control you. Instead, let love make you serve one another.”
14 “For the whole Law [think the Bill of Rights] is summed up in one commandment: “Love your neighbor as you love yourself.”
[The American principle of “Mind your own business” comes to mind.]
15 “But if you act like wild animals, hurting and harming each other, then watch out, or you will completely destroy one another.”
[Don’t behead people for the common intellectual curiosity of exploring other faiths or even atheism.]

Galatians 5 shows us that arguments for marriages based on physical desires such as sexual preferences actually pushes Godless hedonistic sin cleverly masquerading as sacred Judeo-Christian God-given individuals’ freedoms protected under the US Constitution’s Bill of Rights.

Such deception is only possible through a systematic corruption of the national education system in particular law schools. And it may take beginning the discussion of yanking accreditation of law schools that bury, for example, US v Cruikshank 92 U.S. 542 (1875) [right of individuals to assembly and to bear arms predates US Constitution and are rights not dependent on the Constitution] before systemic changes can be made.

American Judeo-Christian God-given human rights for individuals address critically important freedoms from the brutality and barbarism of the King’s and of Roman Law’s absolutism (that Prof Hamburger discusses in legal treatise “Is Administrative Law Unlawful?” 2014). Somehow the Godless would have us believe that American individualism, that is, the Bill of Rights, should include marriages based on physical desires contrary to our Founders’ Judeo-Christian views of freedom. Trials without jury, baseless warrants, seizure of private property, beheadings and other cruel and unusual punishments and more are the true forms of slavery and oppression.

Consider also these sources:

Our individual rights are sacred.
A legislative assembly has an inherent right to alter the common law, and to abolish any of its principles, which are not particularly guarded in the constitution. Any system therefore which appoints a legislature, without any reservation of the rights of individuals, surrenders all power in every branch of legislation to the government. The universal practice of every government proves the justness of this remark; for in every doubtful case it is an established rule to decide in the favor of authority. The new system is, there, in one respect at least, essentially inferior to our state constitutions. There is no bill of rights, and consequently a continental law may controul any of those principles, which we consider at present as sacred.” Id, Agrippa, Tuesday January 14, 1788, p. 538 Federalist and Other Constitutional Papers, Scott, 1902. [Spelling and capitalization in the original.]

Purpose and importance of the Constitution and its relationship to Government.
[Note that our Founders reference a Judeo-Christian God here as the Maker.]
If it be considered separately, a constitution is the organization of the contributed rights in society. Government is the exercise of them. It is intended for the benefit of the governed; of course can have no just powers but what conduce to that end: and the awfulness of the trust is demonstrated in this – that it is founded on the nature of man, that is, on the will of his Maker, and is therefore sacred. It is then an offence against Heaven, to violate that trust.” Letter 4 by John Dickinson as Fabius, Pamphlets on the Constitution, p. 794 Federalist and Other Constitutional Papers, Scott, 1902. [Emphasis in the original.]

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

American Individualism is a Product of Much Work by our Founders

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.

(America’s Unique) Definition of individualism

Individualism means the priority of sacred individual rights over the rights/power of the commune or of fascist Nationalism.

The word sacred refers to the descriptor God-given to describe rights that America recognizes as preceding the writing of the US Constitution.

The words commune and fascist Nationalism include the concepts of any region such as in regionalism, globalism, environmentalism and necessarily includes the concept of habitat.

Recalling the Nazis, Nationalism was the priority of the nation over the individual wherein the rights of the individuals were bound (root meaning of the word fascist) and individual rights were denied for the greater common good of Germany. [See attached photo.][“These dead gave their spirits for the glory of Greater Germany.”]

I’ve seen a corruption of the word individualism by Communists, Putin in particular, and a foreign misunderstanding of American individualism by at least one liberal or left-wing Australian Catholic. America’s Protestant roots might also explain why the expression of individualism of the French and American revolutions might not be well understood in the melting pot of America’s many cultures.

Personalism, an old (but not irrelevant) concept in the Catholic religious community is similar but seems to be more of a term of art in the religious/philosophical field, while American individualism, according to my understanding as of this writing, is a term of art in the legal rights/political field.

Individualism as I refer to it herein, relates not to the person rather to the rights (power) of the person as an individual in competition against the rights (power) of the Commune. The individual wins against the Government because of the priority of the God-given sacred fundamental right of the individual to Free Speech.

For example, let’s take a look at what the United States Supreme Court (Chief Justice Roberts) said about the God-given right to Free Speech in U.S. V. Stevens, 559 U.S. 460 (2010):
“The First Amendment itself reflects a judgment by the American people that the benefits of its restrictions on the Government outweigh the costs. Our Constitution forecloses any attempt to revise that judgment simply on the basis that some speech is not worth it. The Constitution is not a document “prescribing limits, and declaring that those limits may be passed at pleasure.” Marbury v. Madison, 1 Cranch 137, 178 (1803).” [Emphasis added.]

http://www.supremecourt.gov/opinions/09pdf/08-769.pdf

To understand the uniquely American concept of individualism use Livy’s dialectic by considering the statements of those who oppose American individualism. Hegel (hence Marx) states that, “Freedom is the recognition of the necessity of mutual coercion.” [Quote is attributed by adherent Hardin to Hegel.] Russian Communist Putin described individualism as dangerous. And Obama in his typically inexact and rambling way stated essentially that, Personal freedom is preserved by collective action. Similar remarks are attributed to Hillary Clinton.

Redefining individualism as similar to hedonism, egoism or anarchy defeats the connection between individual rights and God as against the all powerful centralized government. In order to counter the mischaracterization of individualism by foreigners who easily confuse individualism with hedonism, egoism or anarchy consider this: American individualism is not a concept that pits man against God.

Rather the concept of American individualism is God and man together against the otherwise overwhelming power of government. This is not some sort of anti-government conspiracy stuff. The automatically-arising competition between the power of government and the protection of God-given human rights (power of the individual) consumes the writers of both the Federalist and the Anti-Federalist Papers of the late 1700’s.

If the Founders were not cognizant of the overwhelming power of centralized government, then why would they devise the separation of powers so thoroughly? The Legislature is divided into two and its laws must survive a veto by a third party, the Executive. The Judiciary is divided into three courts with original trial, appellate review and then the Supreme Court. The Executive is one but may be removed by the Legislature. The Legislature (Congress) creates the law but may not interpret it. Expounding upon the law is the duty and function of the Judiciary. The Executive enforces the law.

Now think about the lack of separation of powers in agencies that make their own rules, interpret them, establish their own facts, enforce the result, and then, despite being a biased party in litigation, demand that the Judiciary to give them total deference.

The writers of the Constitution knew their history. The Magna Charta, now about 800 years old, is the basis of human rights, human freedom and thereby human dignity found in our federal and state Constitutions. It provided that humans would not be deprived of life, liberty or property without resort to a jury of their peers, yet that is exactly what bureaucratic agencies are currently allowed to get away with.

As the exCommunist noted in the ’50’s era book “The God That Failed”, the largest most controlling monopolistic corporation is but a mere pygmy when compared to the power of government. Consistent with that thought, consider that even the largest US corporations don’t operate SWAT teams but the smallest subdivision of US government can usually figure out how to get one called up if needed.

I heard someone say that the reason the expression of individualism in the French revolution failed, but the American experiment worked, was because Americans connected God to their individual rights. And the French did not. So, when God is taken out of government and schools, Constitutional rights simply become, as in any Communist country, an illegitimate Kaganesque ad hoc balancing test between the interest of atheist man in rights (powers) against the interest of atheist government in rights (powers). In such contests, the government always wins.

So to reiterate what Justice Roberts said:
“As a free-floating test for First Amendment coverage, that sentence is startling and dangerous. The First Amendment’s guarantee of free speech does not extend only to categories of speech that survive an ad hoc balancing of relative social costs and benefits. The First Amendment itself reflects a judgment by the American people that the benefits of its restrictions on the Government outweigh the costs. Our Constitution forecloses any attempt to revise that judgment simply on the basis that some speech is not worth it. The Constitution is not a document “prescribing limits, and declaring that those limits may be passed at pleasure.” Marbury v. Madison, 1 Cranch 137, 178 (1803).”

Without connecting God to our individual rights, we cannot as easily recognize the loss of our human dignity when human rights to property are taken away from us. In labor law, employment is a recognized property right the violation of which gives rise to a cause of action by the individual whose rights are violated. The Endangered
Species Act now centrally controls, outside of the three branches of government, our private property rights. Central control abolishes private property ala the Communist Manifesto. (Last two pages Chapter Two.) By signing the ESA, Nixon capitulated more than just Vietnam to the Communists. “Just following orders” was no defense to the Nazis and should be no defense to those “just following orders” in the various anti-American, anti-human liberation movements.

Individual rights should not be confused with group rights. Group rights violate our Founders’ doctrine of equality under the law and show up as corporate cronyism (that resemble Communist oligarchy) and as special rights for small politically well-connected groups of humans and of endangered animals.

The following describes individual rights, that is, individualism, the priority of the rights of the individual over the government and its bureaucracies. Some states’ rights are included. The following is not a verbatim recitation, rather the list of paraphrased rights is to demonstrate much of what we do not hear on today’s professional agitator propaganda media outlets. Capitalization is all over the map in the Constitution and was followed in some instances and ignored in others.

The people shall have the Writ of Habeas Corpus available except under certain circumstances.

The individual shall be free from Bills of Attainder and ex post facto laws.

Individuals shall have limits on taxation.

There shall be no preferences toward one state over another.

Appropriations by law are necessary to authorize withdrawal of federal money from the Treasury.

No title of nobility shall be granted by the US.

The trial of all crimes shall be by jury.

Each citizen shall have all privileges and immunities of one state in all the other states.

The United States shall protect each state from invasion.

Congress shall not establish a religion or prohibit the free exercise of religion or abridge the freedom of speech, or of the press, or to peaceably assemble.

The individual shall have the right to petition the government for a redress of grievances.

The right of the people to keep and bear arms shall not be infringed.

The people shall be free from the mandatory quartering of troops in their homes.

Individuals shall not be subjected to unreasonable searches and seizures.

No accusations of crime against individuals shall lie unless made in writing to give proper notice of the allegations and in order to provide for a proper defense.

No one shall be subjected to double jeopardy. [Regarding WOTUS, the central controllers at the EPA want fines up to $37,500 per day of violation.]

No one can be compelled to testify against oneself. [Compare that to certain administrative state proceedings that resemble the Star Chambers of old.]

No one can be deprived of life liberty or property without due process of law. [“Of law” has a special meaning that excludes the extralegal administrative state proceedings.] [“Due process” is a phrase of art for which whole books have been written. The concept includes substantive (authentic, my word) due process meaning the Constitutional creation of the law to include proper notice to the public, written notice of any alleged violations, and more.]

No property shall be taken for the governments’ purposes [of saving animals] without just compensation.

An accused shall have the right of speedy and public trial [No agency Star Chamber trials.] by jury where the crime was alleged to have been committed, to be informed of the allegation, to confront the accusers, to have compulsory process for providing defense witnesses and for a defense lawyer.

Where the amount of controversy shall exceed $20, a litigant shall have the right to demand a jury. [Again, environmental fine of $37,500 with no trial.]

The individual shall be free from excessive bail, excessive fines and free from cruel and unusual punishments. [$37,500 fine, daily.]

The individual’s rights set out shall not be disparaged by the numbering order set out in the Bill of Rights.

There shall be no slavery or involuntary servitude except as punishment for crime. [That is after conviction, not just because you decide to engage in a certain kind of regulated business.]

No state shall make or enforce any law that shall abridge the privileges and immunities of the individual. [Seems to me that economic rights are privileges and immunities of property ownership that should not be abridged simply by administrative rule that are not enacted first by law, that is, representative government.]

Equal protection under the law appears in three important places not including the Federalist and Anti-Federalist Papers.

The individual’s right to vote appears in several places also.

No where in there do I see any right of a small politically well-connected group of pinnated grouse, of tiny fish or of spotted owls to force an individual to give up human rights to private property or to private property self-employment rights. In fact, what I see is the establishment of a humans-first public policy that Congress had no right to alter by passing the Endangered Species Act.

Individualism

Jail Without Trial

Where is the criminal defense bar and the ACLU when the administrative state claims it can send “actual human beings to jail” without trial in violation of the Magna Charta and the US Constitution……….

CFTC Turns Toward Administrative Judges

It’s time for lawyers and others everywhere to read the legal work titled “Is Administrative Law Unlawful?” 2014, Prof Hamburger.

Quite frankly, the excuses they told us in law school to allow the administrative state to evade the law and the Constitution do not hold up under Prof. Hamburger’s scrutiny. And now we have this: Jail (federal prison) without trial. An administrative state that is limited by neither the law nor the Constitution has unlimited power.

This applies to the lesser prairie chicken land grab and the EPA waters of the US land and water grab and more.

In fact, the EPA tried to get garnishment of wages for the payment of fines, but was turned back, this time.

EPA backs off on wage garnishment rule

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

Want to Fight Communistic Central Control but Don’t Want to Leave the Country to Do It?

Fight the cancer of Communistic principles from the comfort of your own bunkhouse…. learn how to say No.

Joan Veon said that Public Private “Partnerships” exist to manage the assets of the government. And that would necessarily include assets that the government, usually a bureaucracy, lays claim to control.

Video of Joan Veon on public private partnerships.

All the critics are in agreement that WOTUS[Waters of the United States] is about controlling all waters, and thereby private property land use, of the US.
http://gardner.house.gov/press-release/gardner-votes-protect-colorado-wotus-rule

http://brownfieldagnews.com/2014/09/24/ncba-issue-another-warning-on-wotus-impact/

It ain’t rocket science. Central control of private property is pure Marxism. (Last part of Chapter Two of the Communist Manifesto.) Control equals wealth. Control equals ownership. Central control abolishes private property. Central, regional, national, global “planning” schemes are not legitimate options to eminent domain proceedings required by the US Constitution. Regionalism is not a safe alternative to fascist Nationalism, the evil philosophical twin to Communism that robs Americans of the sacred individual right to just compensation for takings of private property for bureaucratic purposes of controlling water quality, providing habitat for animals.

Learn how to Just Say No.

So, let’s talk about what communism is or is not. Is all central control of government assets communistic? No, don’t be silly. We are talking about the centralized control of private property and rights that are being systematically seized outside of the normal transfer of rights process and then controlled conjunctively through the administrative state and bureaucracies that are routinely being characterized as lawless by more and more legal scholars.

At some point I think people will begin to connect the take-over of private property land to other private property rights such as employment. For example, Cuba’s Slave Trade in Doctors. (May be a Paywall. Hint: You might be able to bypass the Pay Wall by placing the title in a Google search box.)

Now think about Obamacare. Does Obamacare enable public private “partnerships” to skim the difference off the labor of the enslaved, if you will, American doctors? We now find out that the Obamacare bill was intended to be obscure. And it is in many ways.

It clearly takes over a large fraction of the US economy and that is dangerous to American exceptionalism.

The reason I put the word partnership in quotes is because in a real partnership there is a sharing of profits and liabilities. But government typically dodges liability because of the doctrine of sovereign immunity. A public private partnership can include a publicly traded corporation that wealthy hedge fund speculators can invest in. The profit margin involved when enslaving doctors can amount to a lot of money for public private partnerships composed of small groups of politically well connected friends of the White House. In fact, such public private partnerships can hire top political figures (amoral opportunists) as safeguards against adverse legislation and or prosecution, and lend the whole scheme an air of legitimacy, of “giving back”.

Instead of true partnerships, the general concept of public private partnerships looks like a special delegation of governmental power to a select private company along with a smoke screen of borrowed sovereign immunity. Favoritism, corporate cronyism, oligarchy and monopoly were disfavored by our Founders who believed in equality under the law. Corporate cronyism fits the Communist form of government far better than the American example of equal treatment. Cronyism smacks of the idea that certain favorites are above the law.

So, let’s take a look at another specific instance of “assets of the government”. Texas has 1,500 years worth of groundwater, even if it does not rain again. Nearly all of it is privately owned. The Texas scare narrative is that we will never develop the technology to get it out of the ground. Surely, the advancement of engineering technology to extract water will not magically stop.

Through a heritage of ancient and relevant English, Spanish and French law, America, including Texas, developed sets of legal concepts that govern relationships between users of surface water with a governing authority managing that surface water and resolving conflicts between users with surface water rights. But in Texas (as in states east of the Mississippi), groundwater is owned outright by the individual land owner, the same as other underground minerals such oil and gas.

So when talking about surface water, the creation of a Texas Water Trust, Texas Water Bank, a Texas Water Development Board and water credits, and the like, are not all that unusual. But I am suspicious of the cover story when such banking and investment schemes are used in conjunction with privately owned groundwater. There is no legitimate way to use “regional planning” to plan our groundwater rights away. Regionalism, in the form of “regional planning” schemes, are not legitimate alternatives to eminent domain proceedings required by the US Constitution. I am not talking about the purely voluntary water market made up of purchased groundwater rights. Voluntariness makes a market legitimate. Trickery of planning private property rights away removes voluntariness. That is why, when it comes to private property groundwater, a water trust, water bank, a state level water board and water credits are highly suspect depending upon the source of the title to groundwater rights especially so when we learn that the Greenies in the UN’s Commission on Global Governance say things such as, “Regionalism (think Texas’ regional water planning groups) must precede Globalism.”

Here is something else that is curious. Ignoring for now the unconstitutional nature of the forced “saving” of 50% of private property groundwater, think about this. How can the selling of water credits of groundwater, that can no longer be produced (because the 50% level was reached and all groundwater production was stopped for the paramount benefit of the endangered downstream fish), not end up being some sort of securities fraud?

Now, put on the conspiracy hat for a moment.

What could be the motivation behind getting the private money of American super-rich hedge fund managers and others, even more wealthy, tied up in worthless groundwater assets that cannot be developed to their full potential because of a mandatory 50% preservation of groundwater in 50 years? (Never mind that the state cannot define 100% and that it is impossible to save 50% of something when you don’t know what 100% looked like or when it existed.)

And what about the climate change clap trap? Who or what has the clout (too big to jail?) to ignore all the pump and dump (in my opinion) going on with nearly worthless carbon credits and the climate change con job? Climate change – follow the money.

Conspiracy Hat Moment:
Is the purpose of the various asset grabs to drain the wealth of the US (and other select countries?) so it (or they) can’t fight back in the next world war? (That’s right Dorothy, war is something humans will never be able to end.)

Are America’s most wealthy being duped into duping the average US citizen with the Marxist, anti-economic theme that central control increases total production?

Or is the duping really aimed, not at the general public, but at the wealthy through a campaign that only appears to be aimed at an increasingly skeptical public?

We should remember that citizen wealth is sometimes resorted to, even as recently as the current Ukrainian crisis by an impoverished and unprepared nation. Oil tycoon buys batteries for military vehicles that have none.(Pay Wall)

Knowing how important batteries are to vehicles, what’s with the EPA’s draconian regulations forcing the closure of the last US lead smelter……..

It is well established that the American revolution was financed in part by the personal wealth and family treasure of early American citizens.

So what explains the stubborn global push to keep the climate change con going, the various environmental schemes going against all the available science, the same con jobs that are draining the US Treasury and the portfolios of the most wealthy among us and the pocket books of the average American through “smart” high energy and fuel prices?

So just to recap, communism is top-down, central planning and control of private rights. I think we all need to learn how to say No as more and more are doing daily.

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

Do Law Schools Lie to Students?

There are sins of omission and sins of commission.

My law school did not tell us that our system is based on individualism, the priority of the individual over the commune, fascist nationalism. Individualism is why our Constitution speaks to the individual right to a jury, the individual right to confront our accuser, the individual right to an impartial magistrate and many more individual rights.

But when it comes to sins of commission, they told us that Constitutional rights are not important in the administrative process because the legislature did not have time to deal with minor agency matters. What?

When the administrative state is not limited by the law, and not limited by the Constitution, its power is unlimited.

Having unlimited power means that an unelected bureaucracy can establish a state religion that disguises itself as environmentalism, but worships Gaia, contrary to the separation of Church and State.

Despite the difficulty in always clearly communicating objections to the bureaucracies taking the side of non-humans over our human rights, maybe we should take notice that it is the God-fearing who seem to be the first ones noticing things going wrong with central control that prioritizes habitat for subhumans.

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

ClarenceThomas

The Anti-Economics of Drunken Lowlife Karl Marx

Marx’ slanders of the shared prosperity of the middle class, the bourgeoisie he called them, at the end of Chapter Two of the Communist Manifesto with the now forever discredited as delusional notion that centralized control of private property increases total production.

Hence we see groundwater boards conducting water grabs and sending an annual supply for 500,000 Californians out to sea for the benefit of the commune’s tiny endangered fish – during a severe drought; activist bureaucratic agencies cooking their economic numbers and the disastrous devastation of the lumber-rich Northwestern US, Curry County Oregon, now beyond two decades of subhuman impoverishment.

The Endangered Species Act, when used to enslave us through the central control of our sacred individual human rights is pure Marxism.

Central planning and control destroys America’s exceptionalism to Communism.
It destroys the private property rights that made Americans have the highest per capita income in the world ever since the 1830’s.

The use of central control is like planning for the future by burning your own house down, the exact same description I saw someone use to describe Keynesian “economics”. Sounds like anti-economics to me.

Livy

Government Program

Bait is a bottle of water.

Government Program

Should Beheadings Be Raised to Capital Murder?

As you may have seen, the US has a recent beheading. Oklahoma of all places.
http://www.foxnews.com/us/2014/09/26/woman-beheaded-at-oklahoma-food-distribution-center-police-say/

There may be a call to raise beheading murders to capital murder. I say, Why not consider it.
I’ve read pertinent portions of the Koran that speak to beheadings of Christians. The Koran’s justification is that Christians are considered polytheists and therefore the equivalent of heathens and atheists and may be killed if they do not convert to the Muslim faith after being given a chance to reform.

From reading a paper from the Catholic Church, the Muslim faith is powerful in the sense that Muslims believe no intercessor is necessary to communicate directly with or to God. I am given to understand that there may be a similar concept of direct communication with God that exists in at least one Protestant faith.

Problematic for Muslims and the rest of us, is that the Koran does not teach submission to the civil authority. It is a younger religion than Christianity by about 400 to 500 years, but it is old enough to have begun when civil authority was not as well developed as it is today. Civil authority is meant to include both the limitations imposed by legislative enactments and by the Constitution. (Is anyone in the administrative law process noticing this definition of civil authority?)(At least one now resigned federal level administrative type was talking about crucifying villagers as an analogous philosophy of agency enforcement.)

In fact, the Muslim concept of four or so Muslims wandering the streets looking to enforce religious standards as they find them is similar to Karl Marx’ notion of a core of committed Communists whose faithful indoctrination to chiliastic Marxist utopian principles guide their on-the-spot enforcement of party rules thereby purporting to eliminate the need for sheriffs, juries, lawyers, judges and executioners. In a way, that sounds similar to the current administrative state. Only in the instance of Muslims and Communists, they could have a senior cleric or party officer bless the actions instead of an administrative law judge.

We also see elements of civil disobedience, I suppose a form of sporadic refusal to submit to civil authority, in the various Communist liberation movements. Brezhnev referenced the existence of various national liberation movements in 1973. And the animal liberation movement got a push with the publication a book of the same name in 1975. Animal liberation papers on civil disobedience followed.

The various reprints of Blackstone’s on common law, adopted by Texas via Virginia, consistently make clear the prohibition of the combination of the office and duties of the Sheriff with the office and duties of the Judge as obvious conflicts. And authentic due process can only come from honoring the priority of individual rights to confront the accuser (who may be the Sheriff himself), put the accuser to the burden of proof in front of an impartial magistrate and have the benefit of a jury of fellow citizens in order to insulate citizens from overreach by both the Sheriff and the King’s orders.

Proceedings such as that described by the Koran provide for a process, but not authentic due process, and so that is why I say the Koran does not submit to civil authority. I am not saying that all practitioners of the Muslim faith do not submit to civil authority. But, I am saying that anyone who acts upon the literal meaning of ancient text, regardless of religious affiliation, that refuses to recognize the God-given fundamental rights of other individuals will lead to serious trouble.

So what would a capital punishment statute look like. I don’t know all the particulars at this early point, but one would think from the defense angle that an individual’s fundamental religious freedom does not extend to private executions.

In the instant Oklahoma case, it appears, so the allegations seem at this early point, not commenting on guilt or innocence, rather the mechanics of the alleged murder, that the act of beheading did not result in the death, instead occurred after the fatal stabbing.

If a capital murder statute had to allege the cause of death as beheading, then murder first by some other means and some sort of body mutilation afterwards might constitute a defense to capital murder by beheading. So, I would think that one might want to take that into account somehow, if possible, so that the death penalty cannot be avoided that way. Another aspect is whether the means (manual or mechanical) of beheading should be omitted from such a statute. If so, then some guillotine deaths might also fall under such a statute which would not be an automatically bad thing. But remember that in the past, some hangings accidentally resulted in separated heads.

At least one person suggests that the legislative banning of Sharia Law takes away the goal of the Muslims to conquer America ; that goal being to impose Sharia Law. That idea may be worthy of some additional thought. http://www.americanthinker.com/blog/2014/08/defeat_isis_in_the_comfort_of_your_own_home.html

Forever, I’ve heard the Catholic Church criticized for overreach during the Spanish Inquisition. After a little research I discovered that the Spanish Inquisition came at the end of a 450 year long struggle by the Spanish to rout the Moors (Muslims) from Spain. As in the beginning of any struggle, there is a lag time between the attack and the response. And after the defense is built up, there is lag time at the end of any long struggle, where the remaining vestiges of the forces used to oust the enemy continue to exist. Those remaining forces then seek purpose for its continued existence. So it must have been with the Spanish. In fact, the end of the ejection of the Moors from Spain was marked by Columbus’ voyage in 1492 to the Americas.

I think we should consider responding more quickly than any 450 years to recognize and respond to extralegal proceedings occurring inside our borders but that operate outside the limitations of the civil law and of the limitations imposed by the US Constitution.

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

The world is coming to an end so hurry up and buy my snake oil (and my nearly worthless carbon credits)

Shown in the example of the fishes and the loaves, Jesus’ attitude of abundance engenders love and generosity even in times of true scarcity. Lucifer’s attitude of scarcity breeds brutality that denies federally-protected God-given private property civil rights for the common good, a concept that results in subhuman misery and enslavement.

http://online.wsj.com/news/articles/SB10001424052702304279904579517862612287156

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