August 17, 2019

Social Justice Equals Millions Murdered

This world-wide conspiracy for the overthrow of civilization and for the reconstitution of society based on arrested development, of envious malevolence and impossible equality……

CommunismSocialJustice

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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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Marx Slandered America

Adopting the terminology of our sworn enemies makes it harder to win the debate. Marx slandered our system of economic freedom as capitalism, which might be described by some as the priority of capital over everything else. However, that is not our system. Favoritism violates our Founders’ values that require equal protection for all of us under the law. Equality and individualism go together. Cronyism and oligarchy, are characteristics of Communist and fascist nationalist systems which are evil Hegelian twin philosophies that deny our system of individualism that is set out in our Constitution.

Americans have had the highest per capita income in the world since the 1830’s, a resounding economic success not only in comparison to other half-baked Marxist systems but also in the history of the mankind on earth. Anyone who points out China as an exception must explain how they would like to live in abject poverty and enslavement under the control of some 300 ultra-wealthy Communists who control the country and its un-redistributed $5 trillion dollar surplus.

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

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Individual Human Rights

The 1986 Lexicon Encyclopedia coverage of Hegel contains magic. In law school, we are not taught that our system is based on the expression of individualism, the same individualism that Hegel, Marx, Stalin, Hitler, Garrett Hardin (author of Tragedy of the Commons) and Alinsky reject. The encyclopedic reference says that Hegelian philosophy split into two wings, the left is Marx’ Communism and the right is essentially fascist nationalism. Too many people in the US think in terms of right/left. But the Communists and Fascists are Hegelian twins who reject individualism, the individual rights that are key to America’s exceptionalism from Communism.

Before reading that, I never thought of our system of having been borne of an expression of individualism. But it makes sense. All the rights are individual rights. And of the individual right of free speech, J. Roberts specifically said in US v. Stevens 559 US 460 (2010) that the benefits of individual free speech outweigh the burden on government. I submit that the benefit of all our sacred individual rights outweigh the burden on government.

In law school, they teach that only certain rights are fundamental and others, not so much. However, a reading of The Federalist And Other Constitutional Papers, Scott, 1902, shows that our founders considered the whole Constitution to be fundamental, and that laws contrary to the Constitution are null and void. That they considered our individual rights to be sacred and referenced a Maker. We are all entitled to sacred and fundamental individual rights, not just the worst criminals in the US.

Despite the pervasive underlying theme of the TV media, the true dichotomy is not between communistic-thinking Democrats and fascist-thinking Republicans, rather both Democrats and Republicans should reject Neo-Nazi Progressivism. As J. Edgar Hoover stated in his 1958 book “Masters of Deceit”, the setting of the classes against each other is an established tactic of the Communists. To Communists, every opponent is a fascist. As long ago as 1951, Ludwig von Mises wrote in “Socialism” that the communists do not respond to diverse views with reason, rather they immediately respond with a personal attack.

Notice how character assassination is used quite publicly. For example, the rancher in Nevada whose preference grazing rights prevailed against all humans, but not against the subhuman tortoise under the 1973 Endangered Species Act, was painted as a racist.

All the rights are individual rights, sacred and fundamental for humans only. The public policy of the Constitution is clearly one of humans first, a public policy that Congress had no authority to alter with the Endangered Species Act. In my view, Nixon capitulated more than just Vietnam to the Communists in 1973. 1973 was a dark year for Nixon. Impeachment was on the horizon. Did he think that Americans turned on him so, now, he turned on America? In 1973 Brezhnev secretly stated to his Communist comrades that Détente would not stop the Communists advancement of their various National liberation movements. And, for his comrades to trust him when he said that he expected to achieve most of their goals by 1985 without violence. (Page 359, Dupes, Kengor, 2010) In 1975, Animal Liberation was published. Some participants in the animal liberation movement seek to abolish private property in animals and the movement contains elements of civil disobedience to achieve its goals.Livy
Livy writes from the Southern High Plains of Texas

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The Communist Country We Live In

Coming on the heels of the completely communist-based education plan called “Common Core,” President Obama signed another executive order in which college educated students will not be as responsible for paying off their debt incurred as the result of obtaining a college education.

Communism, throughout history, has never worked to the benefit of the people. When all decisions are made within a central agency, like Executive Orders coming from any president, you have the makings of a communist dictatorship. Common Core is nothing more than a furthering, and perhaps completion, of the communist take over of the United States Department of Education.

And now, President Obama has signed an executive order that will take the responsibility and obligation to repay student loan debt and shift it to others. Last night, I was watching the PBS Newshour. There was a segment there with discussion about whether or not this executive order was a good thing or a bad thing.

Deanne Loonin, National Consumer Law Center, essentially said that even though a student willingly negotiates loans for their own investment into education, the responsibility of repaying that load should fall back onto the colleges, lending institutions and taxpayers and away from the student who took the loan. Loonin also said that private contractors loaning money should not be able to profit from it.

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What is Communism and Why Aren’t We Teaching Against It?

“Let the communistic attitude of central control (for the greater common good) get started with something that seems, or starts off, reasonable such as child safety on the farm, clean air, phony water scarcity, animal cruelty, endangered prairie chicken or you-name-it then we become infected with the virus of Communism that interferes with unfettered private control of property. In so many words, Marx called it the wresting away of the control of property by degrees. The one-way train trip to the concentration camps seems too remote right now to get people excited, but Hitler proved that the power to force people to do good is the same power to force people to do bad.” – Anonymous

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Sweden’s Problems With Reintroduced Wolves

From Yahoo! News:

“When you know a wolf can turn up on your land anytime, it changes your whole quality of life. You don’t dare let your dogs out in the yard … and people say you need to take a rifle when you walk in the forest!”

There are few differences between Sweden and the USA when it comes to problems with wolves. Sweden, no longer a sovereign state (some may live in denial over that), really has no say over the disease-ridden wolves raising hell in that country. The USA, no longer a sovereign state (many still live in denial of the fact), and the individual states that make up what was once a sovereign union, have no say over what becomes of wolves. All are forced by totalitarian communists to have their right of life, liberty and the pursuit of happiness snatched from them over the evil dictates of world rulers and powers, all of which we never see, hear and certainly do not elect.

As with news article after news article, this one from Yahoo! News fails miserably to even mention the human-threatening disease these government-sponsored terrorist wolves carry and disperse on the landscape. Just like when some lying, thieving, corrupt person says, “If you like your healthcare plan, you can keep it…..PERIOD,” so too do we hear the same lying, thieving, corrupt people say these diseases are of no harm to humans.

Well, we know how Obamacare is turning out. You want to wait to get diseased before you do something about it?

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Obama’s Fascist Climate Hubs

Hot Air’s Erika Johnsen made the below comment in regards to President Obama’s Climate Hubs in which the President states that these zones can better address the problems farmers might have with climate change.

Well. The seven “hubs” and several “sub-hubs” are going to be set up at already-existing USDA facilities and it looks like this really only amounts to some flimsy administrative reshuffling with a nice alliterative name tacked on, but Obama has been talking a big game about all of the executive actions he’s going to implement to “act” on climate change wherever he can and where Congress won’t.

One has to do a deep review of history in order to better understand that seldom is anything ever done by any president, at least since Woodrow Wilson, that is “flimsy administrative reshuffling.” Most often there is a better reason of which it is seldom revealed to those not wishing to dig deeper or are programmed not to rock any boats.

This president’s perceptions of what might be “farmers problems” in dealing with climate change may differ drastically with any farmers actual problems. As this president moves forward in implementing his own form of communistic fascism, I doubt very seriously he has the best interest of farmers, or anyone else outside of the power elite, in crafting his climate hubs. One can bet that the real goal here is to better and with more ease, continue his assault on the American people in the destruction of what was once a great free and productive society.

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Communism: The Idea That Because I’m Breathing I Deserve Something

Who will generate the taxes that will pay for people to sit on the couch? Shapiro said, “This is the big problem with communism and socialism. It is inherently the most selfish philosophy on planet Earth. It’s the idea that because I’m breathing, I deserve something.”<<<Read More>>>

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And It’s Almost Paradise

PHOTO: Humor

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