September 21, 2014

Karen Budd-Falen Speaking At Sheriffs Stand TALL for Constitution

Interesting comments made in this video. Perhaps the first correct statement made is when she says our rights come from God. After making comments about the Constitution, she then speaks briefly about how environmentalists are stealing our money to destroy us. Her comment was (paraphrasing) that we are funding our own destruction.

SHOCK: “New” Wolf Discovered in Canada

Roll out the Endangered Species Act! We have a another fabricated wolf subspecies that needs to be protected!

“According to the results of a study published just two months ago, British Columbia’s mainland wolves and coastal wolves are more distinct than scientists previously thought. What makes this finding even more attention-getting is that not only were empirical scientific methods employed in the research but ecological perspectives gained from indigenous peoples. In fact, the impetus for the research came from common knowledge among First Nation tribes.”<<<Read More>>>


WOW!

And here is the truth of what’s really taking place, found in the article linked-to above:
“What may be even more important than the discovery of this new type of wolf is what the methodology of the study portends for the future of science. It could provide a new model for addressing today’s conservation challenges and opportunities.”

My God! This is equivalent to John Kerry’s claim, as head of the Aspen Institute, that its purpose is “to create NEW knowledge.” And here we have NEW knowledge. How convenient!

But I don’t get it. On Isle Royale, a secluded group of wolves interbred and basically extirpated themselves and yet here in British Columbia, for thousands of years an isolated pack of wolves evolved into a “new” wolf species. I’m just friggin’ blown away!

Minnesota Authorities Warn of Wolf Attacks

Seeing this reminds me of what is written in the 1994 Final Environmental Impact Statement(FEIS) that wolves in the Lower 48 states would not pose any significant threat to human health and safety. Of course I am sure that the authors of the FEIS didn’t think a few human lives was any big deal to lose when it comes to the protection and recovery of a species; one they claim they are required by the law of the Endangered Species Act to follow.

U.S. Fish and Wildlife Service personnel said the same things about diseases, parasites, worms and infections carried and spread by wolves. We also know that it can take 10-15 years, or more, before Hydatid cysts can show up in humans, if detected at all, so how long before we will be hearing about more Americans inflicted with Hydatidosis?

Certainly the U.S. Fish and Wildlife Service has learned very little since 1994 as their recent Draft Environmental Impact Statement, in order that the Feds can change the rules of the game in mid-stream, shows their willingness to acknowledge that diseases such as cystic echinococcosis exists but are unwilling to even recognize that as wolves continue to be overprotected and forced into human-settled landscapes, the odds that humans will not be infected shrink. If they did acknowledge this fact, due to human safety they would not be seeking to spread more wolf filth on the land.

GRAND MARAIS, Minn. — Northeastern Minnesota authorities are warning residents about wolves attacking dogs and approaching people in Cook County.<<<Read More>>>

1973 Endangered Species Act: A return of the Dark Centuries?

Prof. Hamburger’s 2014 book “Is Administrative Law Unlawful?” is described by National Review as a “serious work of legal scholarship on the return of the prerogative to our government.”

The professor shows how the unlimited power of the administrative state comes from the King’s prerogative, a special power that the Constitution was designed to prevent.

Published in 1890, Bancroft’s Works* Vol. 38 Essays and Miscellany at page 284 describes the English-American jury trial right as the end to the King’s prerogative.

And that begs the question: Did the Nevada rancher get a jury trial with regard to the taking of his preference grazing rights? Will we get jury trials when the same bureaucrats impose encumbrances through the 1973 Endangered Species Act on private Texas land?

Bancroft: “The right of trial by jury comes to the Englishmen more directly in the form of a victory. During the dark centuries, prerogative or despotism denied such a right.” Bancroft refers to the “… subtleties of the royal prerogative, or the learned malevolence.” Malevolence is defined as a vicious ill will.

“But later, with increase in intellectual strength and material stability, the people intrenched[sic] themselves in their rights, and since the magna charta this privilege has been held the dearest of a progressive people. It was a right guarded with vigilant care, and for which intelligent freemen everywhere would fight and die. To America came this sentiment, and was embodied in the constitutions of several states.”

“The victory originally achieved by the people over the government by the establishment of the jury system was the right of participation in the administration of the law. No man might thenceforth be jeopardized in person or property without appeal to his fellows for redress.”

“It was a sign of the increasing purity of political character and growing love of honesty and fair play.”

Bancroft goes on to state that, “When the government and the people were one the victory was complete.”

But with the lesser prairie chicken land grab, there is no jury trial right. We are called to evening meetings to participate in our own centrally planned and controlled impoverishment, the systematic destruction of American exceptionalism, and are allowed only to make ignorable comments about confiscatory administrative regulations that routinely and stubbornly violate ancient state land law, the US Constitution and our human dignity.

Control equals wealth. State/centralized control equals wealth for a tiny few politically well-connected people who can sometimes be referred to as oligarchs. Decentralized control means decentralized wealth, the same system that allowed my family and many millions of others to prosper in America according to our personal industry, luck, decision-making, risk-taking and more. The wealth from decentralized control created the highest per capita income in the world for Americans since the early 1830’s. On the other hand, centralized control of the modes of production, as Karl Marx puts it, is a proven 180 year loser, not to mention some 100 million deaths, subhuman misery and enslavement.

The politically deadly characteristic of the reborn prerogative is that it can contain and disguise and impose any -ism, if you will, on the American people. The prerogative can harbor the cancer of Communism, fascist Nationalism, environmentalism, worship in Gaia, animal liberation, earth liberation and Satan’s attitude of scarcity, just whatever the King wants. And all the -isms except individualism rob us of our God-given rights as set out in the Constitution.

By keeping us under-educated, a nationalized American educational system can serve to keep us too ignorant to learn how to simply say No and to get things turned around. The idea of personal liability imposed on the errant bureaucrat as discussed by Prof. Hamburger is appealing and might be the exact place to start. Especially on those who turned loose the wolves. In my opinion, it is worth a try.

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

*Notice that this volume of Bancroft’s Works was once owned about the 1950’s by a Texas public high school.

HubertBancroft

American enslavement to the Endangered Species Act in violation of Equal Protection and 13th Amendment

Antebellum USA: With slavery, we did the plantation owners’ bidding for nothing.
If we did not, we were punished.

21st Century USA: With the Endangered Species Act, we do the bureaucrats’ bidding for nothing.
If we do not, we are punished.

And we get to pick neither our plantation owners nor our bureaucrats.

And they both ignore our wishes, desires, dreams and rights.

Habitatism* is the priority of the habitat (the Marxist commune) over sacred individual Constitutional rights to be free from slavery. It’s a bad idea to get fatalistic and idly wait around to find out if modern slaves to habitatism can withstand $10,000 per day fines any better than 10 lashes per day for not doing the overseers’ bidding.

The time to rein in the Neo-Nazi Progressive Administrative State is now by changing a number of statutes in order to impose an effective two-strikes-and-you’re-out-of-a-government-job-for-life rule. No disbarment from the practice of law for administrative law judges whose decisions are overruled on constitutional grounds. If the judge is incapable of following the conceptually simple oath of office, then it’s time to find a private sector job.

Ayn Rand warned that the concept of the common good leads to enslavement. Now I see how.

*Habitatism is not a word right now, but we’ve been living under this concept for the past 40 years since the 1973 passage of the Endangered Species Act. Even in biblical times, 40 years is a long time. It’s time to find our way out of the wilderness.

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

Discussion of Habitatism refined

To some, the stupid nonsense of the 1973 Endangered Species Act claims to elevate the habitat needs of the subhuman to the same level of human needs. But experience proves that compromise is not possible, that one or the other wins the irreconcilable conflict, and for the past 40 years the needs of the subhuman win out over the needs of some 315 million Americans.

For example, any one of the some 315 million Americans could own preference grazing rights in Nevada. And a Nevada rancher’s preference grazing rights were superior to any competing grazing rights of all other humans on the face of the earth. But under the ESA, the human rancher’s preference grazing rights were not superior to the needs of the subhuman tortoise in Nevada. In such dehumanizing struggles, it is instructive to note that the victims of the holocaust were also denied their property rights, their dignity, their human rights. While Marx described property as theft, our Founders described property rights as human rights.

Under the ESA, the concept of habitat for subhumans is indistinguishable from the dominance of the greater good of the fascist Communist commune over sacred individual human rights set out in the US Constitution. Those sacred individual rights include the strict forbiddance of the taking of private property without just compensation. A time may well return when bureaucrats who use regulation to violate the law will be held personally liable for conduct deemed unlawful. Such personal liability may well extend also to those who aid, abet, encourage and contribute to causes that promote the dehumanization of the American public. When one person’s rights are trumped by militaristic bureaucratic centralized control, the bell tolls for all 315 million of us.

Readings from “The Federalist and Other Constitutional Papers”, Scott, 1902, make clear that the fundamental law of our Constitutional form of government is based on a humans-first public policy that Congress has no authority to legislatively alter. Congress has no authority to fundamentally change humans-first public policy either by expressly setting out radically new public policy as it purports to do in the Endangered Species Act any more than it has the authority to put fascist Nationalism, the Communist commune, the environment, Mother Earth, Gaia, Martians or mythical characters in priority over our human civil rights.

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

What is the magic of individualism vs. other -isms? Habitatism?

To begin with, adding -ism to the end of the word can denote the priority of the something.

To the non-law trained person, just exactly what is the expression of individualism of the American revolution referred to in an earlier writing that cited the encyclopedic reference to Hegel? Individualism is the priority of the individual. It is not dangerous egoism or anarchy as Vladimir Putin and his ilk would have you believe.

In fact, consider the peaceful society that we live in pursuant to the Constitution which sets out the individual right to free speech, the individual right to travel, the individual right to worship, the individual right to a jury trial, the individual right to cross-examine our accusers, the individual right to be paid just compensation for property taken for government purposes, the individual right to be free from unreasonable searches and seizures, the individual right to be free from the quartering of troops in our homes, the individual right to assemble and so forth.

Consider also that our public officials swear an oath to God to defend (an active verb) our Constitution.

J. Roberts elegantly described the freedom of speech as having benefits to the citizens that outweigh the burden on government in 559 US 460.

Now consider one of the opposite political philosophies, fascist nationalism for example, in which the nation comes first, usually in the form of the greater common good (the same thing that Texas’ own Office of Public Interest Council claims to represent).

The UN was quoted as saying regionalism must precede globalism. Think now of Texas’ own regional planning commissions planning our private property groundwater rights away.

If fascist nationalism is the priority of the nation, communism the commune, environmentalism the environment, then habitatism is the priority of the habitat over individual rights. In other words, habitatism rejects our sacred individual human rights. Those rights to privately control property make America the exception to the claimed inevitability of world-wide Communism.

Habitatism is functionally indistinguishable from regionalism, globalism, environmentalism, communism, fascist nationalism in that all of these -isms lead to the use of militaristic actions we saw in the 1980’s in Poland and in 2014 in the Nevada Ranch standoff.

If not for our watered-down constitutional law education, lawyers would have figured this out long ago. If not for my further self-education after law school I would not know that our Founders considered our individualism, our individual rights, to be sacred, and to be from our Maker, thereby establishing in the US Constitution a humans-first public policy that Congress has no authority to alter through the Endangered Species Act for as the Texas Supreme Court similarly found in 1943 in 173 S.W.2d 1022, 1024, “It is fundamental that the Constitution is the paramount law of the state and cannot be altered by legislative amendments.”

Habitatism attempts to create through extralegal, supra legal and in an unlimited way through the increasingly questioned Administrative State, encumbrances that unlawfully subordinate all manner of legal rights including without limitation first lien mortgages (Deeds of Trust) on privately owned land otherwise held in fee simple title in Texas according to, and governed exclusively, by ancient land title law.

In my opinion, by approving the Endangered Species Act, President Nixon capitulated more than Vietnam to the cancer of Communist ideology in 1973.

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

Feds Weigh Moving Grizzlies Into Washington

“It marks the potential turning point in the decades-long decline of the last grizzly bears remaining on the U.S. West Coast,” Joe Scott, international conservation director of Conservation Northwest, said in a written statement. “Without recovery efforts, these bears may soon be gone forever.”<<<Read More>>>

Should You Fear the Pizzly Bear?

*Editor’s Note* – Everyone should consider reading this and then giving it some thought. As Dr. Valerius Geist worded it, in reference to this article: “Excellent article ! It takes something like this to shake us out of our
stupor. In North America the big and the little wolf are melting into one, and it’s only a matter of time before it will happen in the west. Be glad that you knew coyotes and wolves! Your great-grand children will not. The best thing that happened in the 20th century to wolves were 60,000 trappers in Canada and Alaska, encouraged by bounties, killing every wolf they could get by fair means or by foul. It kept wolves and coyotes pure, it contained hydatid disease, it kept wolves out of agricultural and where predator control officers were waiting for them anyway, and it relegated wolf attacks on humans to a myth – by their absence.

The worst enemy of woodland caribou, so argues Tom Bergerud, are environmentalists. Ditto for wolves?

“The animal comes from an area above the Great Lakes, where wolves and coyotes live — and sometimes breed — together. At one end of this canid continuum, there are wolves with coyote genes in their makeup; at the other, there are coyotes with wolf genes. Another source of genetic ingredients comes from farther north, where the gray wolf, a migrant species originally from Eurasia, resides. “We call it canis soup,” says Bradley White, a scientist at Trent University in Peterborough, Ontario, referring to the wolf-coyote hybrid population.”<<<Read More>>>

“Is Administrative Law Unlawful?”

I am reading law Prof. Hamburger’s “Is Administrative Law Unlawful?” and he makes the case that administrative law is not new rather it is the old King’s absolute prerogative reborn, the same prerogative that the Framers sought to prevent with the Constitution’s system of divided government.

He sets out how administrative law is extra-legal (outside the law), supra-legal (above the law) and, because it is not limited by the Constitution, it is unlimited in power. That is, it is no different than the unlimited power of the King.

Notwithstanding a few cases that attempt to rein in the administrative state, there seems to be in Texas a conscious and clever effort at the legislative and administrative code level to protect the unlimited power of the administrative state from constitutional limitations.

In this first example, in order to test some of this thinking, let’s take a very extreme and hopefully very unlikely example. Assume that the administrative code says that anyone who fails to pay an administrative fine by the 10th day after issuance by the agent shall be lined up and shot by firing squad. (If you think this is too far out, consider Obama’s man who used Roman crucifixion of Christians as a parable to guide the mind set for those involved in environmental enforcement.)

At this point in our jurisprudence most can readily state that such a code provision violates Constitutional guarantees of substantive due process that protect our human right to life. But if today’s Administrative Code set out such a punishment, where would such an issue be litigated? Apparently, Travis County, Texas, in the administrative court system.

In this second example, let’s assume something more regular, for example, where the administrative code says that the owner of property shall submit to a central control of private property regulation of some sort or pay a daily fine of $10,000.00. One can argue that this administrative process creates its own ad hoc condemnation process whereby the rights of groundwater owners are denied for the “greater common good”, an argument that is made by the Office of Public (Government Ownership) Interest Counsel in administrative hearings.

Others might pick a better suited example.

[Please note that enforcement agents might well be violating an old common law prohibition against the combination of the duties of the Sheriff with the duties of the Judge. Such administrative law provisions destroy the ancient safeguard of the impartiality of the Judge who is supposed to hold the Sheriff to a burden of proof and to determine the innocence or the guilt and punishment. Today's administrative law judges are there to simply rubber stamp the regularity of the combined actions of the enforcement agent.]

With regard to this second example, some argue that administrative central control of private property is not a clear violation of the Constitutional prohibition against takings without just compensation. Balderdash. Central control abolishes private property. In 1958 J. Edgar Hoover said that our exceptionalism is America’s exception from Communism. The exceptionalism that provides our great wealth comes from private control of property. Karl Marx wrote of the central control of private property and the modes of production similarly. Last two pages Chap. Two Communist Manifesto, 1848.

I suspect that 60 years ago or so an extreme example of administrative law would be what we are seeing today, the illegitimate supplanting of an administrative process for the Condemnation process. So, let’s jump to an example that might seem extreme today: violation of the prohibition against the establishment of a state religion.

I’ll go out on a limb here and say that I’ve had the passing thought, and I am not the only one who has noticed, that the fervor of the environmentalists and some adherents to Gaia as Mother Earth resembles a religion. Some might argue that we have already reached the point of an established de facto state religion in the environment (which is conceptually indistinguishable from Marx’ eschatological concept of the utopian commune), that is, earth and animal liberation and their derivatives embodied in legislation such as the 1973 Endangered Species Act together with corresponding overreaching administrative provisions.

If the power of the Administrative State is truly unlimited, then how many other provisions can be violated?

And where will those issues be litigated?

And, how much longer can the judicial branch safely ignore the holding in Jones v. Ross that states: “It is fundamental that the Constitution is the paramount law of the state and cannot be altered by legislative amendments.” 173 S.W. 2d 1022, 1024 (Tex. 1943).

Livy writes from a bunkhouse on the southern high plains of Texas.