October 21, 2019

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.

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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.

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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.

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