November 23, 2017

FCC New Statist Unelected “Seize” er of Human Control

Mostly due to fake cyber security breeches, relentless government fear mongering and a sedentary citizenry, manipulated into uncaring and unquestioning servitude, the Federal Communications Commission, took a giant bite out of the last bastion of free speech, a place to express independent thought. The Internet is now a government-controlled wasteland…or soon will be.

What is described as a 300-plus page book of regulations, has remained secret. Reports are that even the FCC board that voted on the new central control actions, didn’t see the pages of the plan, but they voted to approve it anyway.

Perhaps the largest grab of power away from the citizens and free enterprise in many, many years, and for the most part, aside from a random reporting about the vote, the media is silent and the population is ignorant. The false focus and distraction is on “Net Neutrality”.

And now you know why all of this fascist control is being undertaken at breakneck speed. We are too blind to see it nor do we care…evidently. People should help the government and the puppet dupes out and keep discussing the pros and cons of “Net Neutrality”. That way they can implement all the other anti rights portions of the new regulations none of us are allowed to see.

What in God’s name is it that humans cannot see in this? WHAT?

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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.

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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

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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

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“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.

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All Attempts at Central Control are Phony and Threaten America’s Exceptionalism from Communism

Central control of private property, whether it is for the common good, earth liberation, animal liberation, the lesser prairie chicken (pinnated grouse), a feigned groundwater shortage, a tortoise or for redistribution of wealth, is pure Marxism because it abolishes private property as set out in the last two pages of Chapter Two of the Communist Manifesto. This is not rocket science. The simplicity of figuring this out might explain why so few schools teach about the dangerous cancer of the Communist Manifesto. Central control and private property irreconcilably conflict. One cannot exist in the presence of the other. The carjacker either has your car or he does not. There is no middle ground. The government has an affirmative duty to thwart carjackers and other property grabbers equally.

The reason for central control is irrelevant because Jesus taught the attitude of abundance, love and generosity with the fishes and loaves even in times of true scarcity. But the current attitude of scarcity breeds the brutality of the denial of sacred individual rights, as brutality advocated by Hegel, Marx, Hitler, Stalin, Hardin and Alinsky who spoke admiringly of Lucifer in his book “Rules For Radicals”.

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

Hegel 001

Alinsky Lucifer 001

Chap 2 Comm Manifesto 001

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Endangered Species Act is UnAmerican

“The decades of failure of the Endangered Species Act’s brand of centralized control disqualifies it as a solution for anything American. And no wonder. Marx’s and Hitler’s ideas of centralized control have likewise failed countries worldwide for the past 180 years or so.”<<<Read More>>>

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