June 28, 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.

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Biblical Individualism

“American” u.s. citizen serf slavery, fee simple tenant, on the land owned by the King of England status, is a product of deception promulgated by those Founding Fathers who no doubt did participate in a controlled opposition meeting of the minds with men claiming to be Anti-Federalists, and its many centuries leading clear back to the concessions of King John in 1213. The Pope holds allodial title to the lands and the slaves’ principles are embodied in the U.S. Constitution. The Magna Charta is about 800 years old and is not a very relevant document, as the Pope himself nullified it as it was signed by the King under threat of death. Slavery not individualism, especially not Biblical Individualism; Not the stench which is reaching the heavens and the nose of your maker. Free Will, Individualism, freedom of conscience comes from the Designer, not Babylonian frauds. Slavery and debt, is not individualism. People love their servitude apparently.

Now there are varieties of gifts, but the same Spirit. And there are varieties of ministries, and the same Lord. There are varieties of effects, but the same God who works all things in all persons. —1 Corinthians 12:4-6

Since we have gifts that differ according to the grace given to us, each of us is to exercise them accordingly: if prophecy, according to the proportion of his faith; if service, in his serving; or he who teaches, in his teaching; or he who exhorts, in his exhortation; he who gives, with liberality; he who leads, with diligence; he who shows mercy, with cheerfulness.—Romans 12:6-8

For to one is given the word of wisdom through the Spirit, and to another the word of knowledge according to the same Spirit; to another faith by the same Spirit, and to another gifts of healing by the one Spirit, and to another the effecting of miracles, and to another prophecy, and to another the distinguishing of spirits, to another various kinds of tongues, and to another the interpretation of tongues. But one and the same Spirit works all these things, distributing to each one individually just as He wills. —1 Corinthians 12:8-11

And He gave some as apostles, and some as prophets, and some as evangelists, and some as pastors and teachers, —Ephesians 4:11

God also testifying with them, both by signs and wonders and by various miracles and by gifts of the Holy Spirit according to His own will.—Hebrews 2:4

As each one has received a special gift, employ it in serving one another as good stewards of the manifold grace of God. —1 Peter 4:10

“For it is just like a man about to go on a journey, who called his own slaves and entrusted his possessions to them. “To one he gave five talents, to another, two, and to another, one, each according to his own ability; and he went on his journey.’—Matthew 25:14-15

So He said, “A nobleman went to a distant country to receive a kingdom for himself, and then return. “And he called ten of his slaves, and gave them ten minas and said to them, ‘Do business with this until I come back.’—Luke 19:12-13

For who regards you as superior? What do you have that you did not receive? And if you did receive it, why do you boast as if you had not received it?—1 Corinthians 4:7

For even as the body is one and yet has many members, and all the members of the body, though they are many, are one body, so also is Christ.—1 Corinthians 12:12

For just as we have many members in one body and all the members do not have the same function, so we, who are many, are one body in Christ, and individually members one of another.—Romans 12:4-5

For the body is not one member, but many.—1 Corinthians 12:14

1 Corinthians 12:21-26

And the eye cannot say to the hand, “I have no need of you”; or again the head to the feet, “I have no need of you.” On the contrary, it is much truer that the members of the body which seem to be weaker are necessary; and those members of the body which we deem less honorable, on these we bestow more abundant honor, and our less presentable members become much more presentable, whereas our more presentable members have no need of it. But God has so composed the body, giving more abundant honor to that member which lacked, so that there may be no division in the body, but that the members may have the same care for one another. And if one member suffers, all the members suffer with it; if one member is honored, all the members rejoice with it.— 1 Corinthians 12:21-26

For through the grace given to me I say to everyone among you not to think more highly of himself than he ought to think; but to think so as to have sound judgment, as God has allotted to each a measure of faith. —Romans 12:3

Do nothing from selfishness or empty conceit, but with humility of mind regard one another as more important than yourselves;—Philippians 2:3

They were continually devoting themselves to the apostles’ teaching and to fellowship, to the breaking of bread and to prayer.—Acts 2:42

And all those who had believed were together and had all things in common;—Acts 2:44

For there was not a needy person among them, for all who were owners of land or houses would sell them and bring the proceeds of the sales and lay them at the apostles’ feet, and they would be distributed to each as any had need.—Acts 4:34-35

For this is not for the ease of others and for your affliction, but by way of equality– at this present time your abundance being a supply for their need, so that their abundance also may become a supply for your need, that there may be equality;—2 Corinthians 8:13-14

Because of the proof given by this ministry, they will glorify God for your obedience to your confession of the gospel of Christ and for the liberality of your contribution to them and to all,—2 Corinthians 9:13

And do not neglect doing good and sharing, for with such sacrifices God is pleased.—Hebrews 13:16

Jeremiah 1:5 – Before I formed thee in the belly I knew thee; and before thou camest forth out of the womb I sanctified thee, [and] I ordained thee a prophet unto the nations.

Galatians 6:1-18 – Brethren, if a man be overtaken in a fault, ye which are spiritual, restore such an one in the spirit of meekness; considering thyself, lest thou also be tempted.

2 Bear ye one another’s burdens, and so fulfil the law of Christ.

3 For if a man think himself to be something, when he is nothing, he deceiveth himself.

4 But let every man prove his own work, and then shall he have rejoicing in himself alone, and not in another.

5 For every man shall bear his own burden.

6 Let him that is taught in the word communicate unto him that teacheth in all good things.

7 Be not deceived; God is not mocked: for whatsoever a man soweth, that shall he also reap.

8 For he that soweth to his flesh shall of the flesh reap corruption; but he that soweth to the Spirit shall of the Spirit reap life everlasting.

9 And let us not be weary in well doing: for in due season we shall reap, if we faint not.

10 As we have therefore opportunity, let us do good unto all [men], especially unto them who are of the household of faith.

11 Ye see how large a letter I have written unto you with mine own hand.

12 As many as desire to make a fair shew in the flesh, they constrain you to be circumcised; only lest they should suffer persecution for the cross of Christ.

13 For neither they themselves who are circumcised keep the law; but desire to have you circumcised, that they may glory in your flesh.

14 But God forbid that I should glory, save in the cross of our Lord Jesus Christ, by whom the world is crucified unto me, and I unto the world.

15 For in Christ Jesus neither circumcision availeth any thing, nor uncircumcision, but a new creature.

16 And as many as walk according to this rule, peace [be] on them, and mercy, and upon the Israel of God.

17 From henceforth let no man trouble me: for I bear in my body the marks of the Lord Jesus.

18 Brethren, the grace of our Lord Jesus Christ [be] with your spirit. Amen. ([To [the] Galatians written from Rome.])

Genesis 1:27 – So God created man in his [own] image, in the image of God created he him; male and female created he them.

Genesis 1:26 – And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.

Galatians 6:4 – But let every man prove his own work, and then shall he have rejoicing in himself alone, and not in another.

1 John 2:27 – But the anointing which ye have received of him abideth in you, and ye need not that any man teach you: but as the same anointing teacheth you of all things, and is truth, and is no lie, and even as it hath taught you, ye shall abide in him.

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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.

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(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

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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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Rescuing the 21st Century [or Bringing Back Self Determination?]

“Yet somewhere over the next decade a strange reversal took place. Everyone was astonished to learn the future was really the 8th century. In the major capitals of the West it became fashionable to don a keffiyeh, burka or grow a beard. British public figures started converting to Islam. But there was more. Set to challenge the 8th century for supremacy of the coming century was a resurgent 19th. Malthus, in the shape of Global Warming and Marx in the guise of political correctness and “positive rights” were back in intellectual vogue. Socialism, which had collapsed of its own weight in the late 20th century was again resurrected, for the nth time, as the Coming Thing.”<<<Read More>>>

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