Friday, December 30, 2011

Once Abolish God and the Government Becomes the God...

Quote from - G.K. Chesterton.  These three references in relation to Both Founding Documents should re-establish the intertwining of our Nation Under God though “Religion and Morality” of  “Person”.  “Person” as body, spirit, soul is the incorporation of the whole of the United States of America:

A)     “12. The Majority - Limited for Liberty

". . . this sacred principle . . ." [Majority must respect Minority's rights] (President Jefferson's First Inaugural Address)

The Principle

1. The traditional American philosophy teaches that The Majority must be strictly limited in power, and in the operation of government, for the protection of The Individual's God-given, unalienable rights proclaimed in the Declaration of Independence and, therefore, of the rights of The Minority--of all minorities.

A Restricted Mechanic of Government

2. Self-government's system of rule by majority vote is based on necessity. Rule by majority vote is a necessary mechanic of any government of the popular type, featuring rule by the people through free, periodic elections such as, for example, those held in the United States. Under this philosophy, rule by majority vote is always subject to the "sacred principle" defined in President Jefferson's First Inaugural Address, quoted below.

"All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression."

A Minority of One Protected

3. The protection provided by this principle applies fundamentally, of course, in favor of a minority of one: The Individual. No majority, however great even all of the people but one Individual--may properly infringe, or possess the power to infringe, the rights of any minority, however small--even a minority of a lone Individual.

America a Republic--Not a Democracy--In Form of Government--So As to Limit Effectively The Majority To Protect the Individual

4. Therein lies the reason why the American leaders who framed and ratified the United States Constitution in 1787-1788 chose, for America's form of government, that of a Republic and not a Democracy. (The then existing Confederation was merely a treaty arrangement between completely independent and separate State governments, by agreement of their legislatures only and not by consent of the people, with no real central government--with only a legislative body--and with no power over those governments or over individual citizens; so it provided no protection for the rights of The Individual or The Minority against tyranny by The Majority in any State--later remedied, as to certain rights, by prohibitions in the original Constitution expressly made applicable against the States.) A Republic is a constitutionally limited government of the representative type, created by a written Constitution--adopted by the people and changeable (from its original meaning) by them only by its amendment--with its powers divided between three separate Branches: Executive, Legislative and Judicial. In a Republic, the whole system is designed primarily to protect The Individual's unalienable rights--therefore The Minority, all minorities--against any violation by government or by others. As the Declaration of Independence expresses this American goal of safeguarding these rights, the people form their governments "to secure these rights"--to make and keep them secure.

The Majority Omnipotent in Any Democracy

5. This is not the case under a Democracy, speaking of it as a form of government and not merely in the more general sense of its meaning a popular type of government. In a Democracy, The Majority is omnipotent, whether it be a Representative Democracy or a Direct Democracy. In the Representative type, the people function governmentally through an elected legislature, which selects and controls the head of the Executive Department, as in Great Britain where "the authority of the parliament is transcendent and uncontrollable" (as stated in The Federalist number 53, by Madison)--where in fact the House of Commons alone has by law become supreme. In the Direct type, all of the electorate (those entitled to vote) assemble as a single group to debate and decide directly and conclusively all governmental questions. This is suitable only for a very small number of people--as in a New England town with a town-meeting system of government, or in a situation like that of the small city-states of ancient Greece. (Decisions of a New England town-meeting are, of course, subject to the State and United States Constitutions which protect the rights of The Individual and The Minority, so such a town-meeting government is not a true Democracy featuring The Majority Omnipotent.)

In a Democracy, The Individual Is Subservient and Must Be Submissive to The Omnipotent Majority

6. Any Democracy, either Representative or Direct, does not even recognize the existence of any unqualified rights of The Individual, much less his possessing God-given, unalienable rights as conceived by the American philosophy. A Democracy in America, as a form of government, would therefore provide no protection for these rights. Under a Democracy, Man is considered to have only qualified privileges permitted by The Majority in control of government and revocable by it at any time. This spells Rule by Omnipotent Majority, with The Individual and The Minority as well as all minorities victimized at the pleasure of The Majority, without limit and without any legal basis for objection or practical remedy. The idea of such unlimited rule, as if by "divine right of The Majority," is as abhorrent in the eyes of the traditional American philosophy as is the idea of rule by "divine right of kings."

The Uniquely American Principle Was Thoroughly Understood in 1776

7. The traditional American philosophy requires a Republic's constitutionally limited form of government for the security of Man's unalienable rights against violation by The Majority, by government, as well as by others. This philosophy was well understood in America in 1776 but was imperfectly practiced by the States in the post-1776 period, during which rights were violated. This correct understanding was exemplified by the previously noted (Par. 8, Principle 2) town-meeting petition of Pittsfield, Massachusetts, addressed to the legislature of Massachusetts in May, 1776. It urged the adoption by the people--as "the fountain of power"--of a Constitution as their fundamental law, to fill the void created by the end of royal rule, as "the first step to be taken" by the people in order to guard against despotism--against "the wanton exercise of power"--and it asserted, that the only safeguard is "the formation of a fundamental constitution" by the people. Their aim was to safeguard their liberties. This was accomplished by the people of Massachusetts in 1780, by their creating the first true Constitution and Republic in the world. They utilized successfully, for the first time in history, a constitutional convention--which is America's great, if not greatest, contribution to the mechanics of self-government through constitutional government. (Earlier Acts of Legislatures of other States were erroneously classified as "constitutions," while some countries' governments throughout history had generally been erroneously classified as "republics"--a much-misunderstood and loosely used term. See the correct definition of a Republic in Paragraph 4, above.)

Principle Violated by "Elective Despotism" after 1776

8. The post-1776 period witnessed gross violations by State Legislatures of the unalienable rights of victimized Individuals. In Virginia, for example, Jefferson protested vigorously against the Legislature's acts of tyranny by The Majority, stating: "An elective despotism was not the government we fought for ("Notes on The State of Virginia," 1782; emphasis Jefferson's). Misconduct in this period by The Omnipotent Majority in the legislatures of a number of the States was in reaction against the earlier oppressive rule by the king and his royal governors and judges. At that time, except in Massachusetts under its Constitution of 1780, there were no real State Constitutions to restrain the legislatures, which made sure that the governors and judges were without power to prohibit legislative enactments (by which the violations of unalienable rights were effected). The New Hampshire Constitution, based on this pattern, was not adopted until 1784 after a Constitutional Convention was successful in framing one acceptable to the people--several earlier conventions having been unsuccessful. Other States did not follow suit for a number of years, some not for decades.

"The Excesses of Democracy"

9. This type of tyranny, by Omnipotent Majority, is always possible under any Democracy as a form of government. This is what The Framers and Ratifiers of the Constitution and their fellow American leaders meant when, in the 1787-1788 debates with regard to the framing and adoption of the Constitution, they denounced the 11 excesses of democracy. They were, of course, not criticizing popular government as such--for instance as it exists under the Republic of the United States featuring constitutionally limited government, as limited by the Constitution. They were, therefore, not condemning democracy in the general sense of the term--meaning merely a popular type of government. They were speaking in support of America's being a Republic, not a Democracy, as a form of government. The more general meaning of Democracy--popular government--also applies to America; but this use of the term is only confusing in any discussion, as here, of the characteristics of different forms of popular government: a Republic in contrast to a Democracy.

Federal and State Republics

10. The foregoing explains why the traditional American philosophy requires that the central (Federal) government and the State governments be Republics. (See Pars. 6-7 of Principle 5.) Each State is guaranteed the form of government of a Republic by the United States Constitution (Art. IV, Sec. 4). The foregoing also makes clear why this philosophy requires that The Majority, at any time in temporary charge of government, administer its affairs in keeping with the Constitution's limitations and for the benefit of all Individuals composing the people as a whole, meaning The Minority and all minorities as well as The Majority--not merely for the benefit of those constituting only The Majority of the moment.

The Conclusion

11. The traditional American philosophy demands that the power of The Majority be limited for the protection of The Individual's unalienable rights, for the security of Man's Liberty against Government-over-Man, in keeping with the American formula: The Majority--Limited for Liberty.



Quotes from The American Ideal of 1776 supporting this Principle.  (“The American Ideal of 1776 The Twelve Basic American Principles” and  http://www.inspiredconstitution.org/jh_cff/part_4.html by Hamilton Abert Long, c1976

B)  Declaration of Constitutional Principles by Jon Roland; www.constitution.org and 2012 Independent Candidate for U.S. Senator from Texas.
Whereas, during the course of history usurpers have attempted to misconstrue certain principles of constitutional republican government for their own ends, and that the original language of
the Constitution for the United States did not anticipate all the ways it might be misinterpreted, we hereby set forth some of those principles with greater clarity, using more modern language:



General Principles:
- The individual component of the polity is the person, which is defined as any being consisting of or having the essential cognitive attributes of a member of the species homo sapiens, including both the capacity to compete with others for the means to exercise the natural rights of life, liberty, and the pursuit of happiness, and the capacity to regulate its competitive actions to avoid depriving others of those rights and to sacrifice itself for the greater good of the polity as a whole or for their common posterity. (Italic emphasis)


- The polity, or society, is created by the social contract, in which persons agree to join together for mutual benefit and defense, and to regulate their behavior to avoid forms of competition which are destructive of social coherence and effectiveness, such as violence, deception, or collusion, or to infringe on the rights of others.

- Acceptance of the terms of the social contract is effected through, and based upon, a restricted form of the social contract called the filial contract, between parents and their children, in which the parents agree to be good parents and the children agree to be good children and to grow into good adults and members of society. As persons grow, they extend the social contract to others they encounter.

- The social contract is transitive, so that it extends to and includes not only those with whom one is in direct contact, but all those with whom those one is in direct contact with are bound to by the social contract as well, and therefore by recursion to all those persons who are members of the society, even if one has never met them.

- A state is a society in exclusive possession of a territory. It is not the government. A state may or may not have a government, although larger ones almost always do.

- A citizen is a person who has the civil right to remain within the territory of a state and to return to it if he leaves it, the right to delegate powers to agents who comprise any government of that state, and the duty to defend that state.

- A government consists of those persons to whom certain powers held by the citizens in common are delegated, to act as agents for those citizens, exercising only such powers as are delegated to them, and according to their instructions. That delegation and those instructions constitute an extension of the basic social contract called the constitution, which may be written or unwritten.

- A delegation of powers is not a transfer or assignment, and may be reclaimed at any time that the citizens, in their judgement, find that their agents are not acting in accordance with their wishes. (Italics emphasis).
This 2012 election....if not so stuffed, distorted by software-hardware design, popular-greater number-collective socialism over “Principle of One Person” and “Rule of Law” Scripture as God’s Law.

- The authority of an agent or official exists only for as long and to the extent that he exercises his legitimate powers properly, and he automatically ceases to be an agent or official if he exceeds his authority.  
[A common occurrence by both this President and his cabinet underlings]

- A state is a democracy if all persons born to its territory or citizens are citizens, with the full rights and duties thereof, subject to the disabilities of minority, and the agents who are the government are agents of all of them in common through some form of voting in which all of those not minors are qualified to participate.

- A democracy is a republic if the legislative functions of  government, other than the ratification of constitutional amendments, is exercised exclusively through representatives elected by its citizens rather than directly.

- A republic is constitutional if power to amend the constitution is not delegated to elected legislators of the highest legislative body to adopt like ordinary legislation, but requires
either a supermajority of citizens, or majorities of citizens or their representatives elected to lower-level political units in a supermajority of such political units, to ratify it; and if no such amendment infringes on either the natural rights of persons or the civil right of persons to be equally represented in at least one branch of the highest legislative body, or to have members of government act as other than the agents of the people, exercising only limited and specific delegated powers, and to be fully accountable to them equally.

- A republic or other democracy is nonconstitutional if any legislative act supersedes any conflicting act that precedes it, including any act or unwritten principle which may be called a
"constitution".

- A state is an autocracy if those exercising the powers of government are a minority of the persons living in the state and are agents only of themselves, and therefore the only true
citizens of that state, the remainder being only subjects or slaves. An autocracy is not a legitimate form of government.

- A state is an oligarchy if political power is concentrated in a minority ruling class, based on wealth, birth, connections, or other form of power other than constitutional delegation, and in
which the agents of government are accountable to the members of the ruling class, to varying degrees, rather than equally to all the persons living in the state. An oligarchy is not a legitimate
form of government.

- The natural rights of persons are inalienable, preceding the social contract and the constitution, and persons may not be deprived of them even with their consent, since they do not have the power to surrender those rights, and therefore do not have the power to delegate the deprivation of those rights to others.

- Persons do, however, have the power, and can delegate the power, to disable, or partially restrict, the exercise of those rights by some individual persons when their exercise would
conflict with the exercise of the rights of other persons, to strike a balance among the exercise of their rights by all persons.

- Due process is the totality of those rules and procedures under which a dispute at law may be resolved justly, intended to allow all parties to the dispute a fair opportunity to argue their
positions on their merits.

- Due process in both criminal and civil cases includes the following rights of the parties:
     (1) To have process only upon legal persons able to defend themselves, either natural persons or corporate persons that are represented by a natural person as agent, and who are present,
competent, and duly notified, except, in cases of disappearance or abandonment, after public notice and a reasonable period of time.
     (2) Not to be ordered to give testimony or produce evidence beyond what is necessary to the proper conduct of the process.

- Due process in criminal cases includes the following rights of the accused:
     (1) Not to be charged for a major crime but by indictment by a Grand Jury, except while             serving in the military, or while serving in the Militia during time of war or public danger.
      (2) Not to be charged more than once for the same offense.
      (3) Not to be compelled to testify against oneself.
      (4) Not to have excessive bail required.
      (5) To be tried by an impartial jury from the state and district in which the events took place.
      (6) To have a jury of at least six for a misdemeanor, and at least twelve for a felony.
      (7) To a speedy trial.
      (8) To a public trial.
      (9) To have the assistance of an attorney of one's choice.
    (10) To be informed of the nature and cause of the accusation.
    (11) To be confronted with the witnesses against one.
    (12) To have compulsory process for obtaining favorable witnesses.
    (13) To have each charge proved beyond a reasonable doubt.  
    (14) To have a verdict by a unanimous vote of the jury, which shall not be held to account for              its verdict.
    (15) To have the jury decide on both the facts of the case and the constitutionality, jurisdiction,              and applicability of the law.
    (16) Upon conviction, to have each disablement separately and explicitly proven as justified                   and necessary based on the facts and verdict.  
     (17) To have a sentence which explicitly states all disablements, and is final in that once               rendered no further disablements may be imposed for the same offense.

- Due process in civil cases includes the following rights of the parties:
       (1) To trial by an impartial jury from the state and district in which the events took place               where the issue in question is either a natural right or property worth more than $20.
       (2) To have compulsory process for obtaining favorable witnesses.

- Disablement of all rights other than the rights of majority may only be done by due process for individuals, not by legislation.

- The only rights which may be disabled by default or by statute for an entire class of persons are the rights of majority, and those disabilities of minority, except for the right to vote, may be removed earlier than the default age of majority, or extended beyond the default age of majority, by petition to a court of competent jurisdiction. All other rights must be disabled individually, by due process of law, and then only to the extent that is determined to be necessary to avoid infringing on the rights of others.

- Only individual persons or corporate "persons" which are composed of individual persons maybe the subject of legal process. Inanimate objects and living objects not capable of
conducting their own defense in a court of law may not be parties to an action at law.

- Upon establishment of the social contract, the natural right of what in the state of nature would be self defense is transformed into the duty to defend the state and the constitution, including
oneself as a member of the state.

- Defense of the state and the constitution includes defense against threats of all kinds, including invasion or attack, insurrection, criminal acts, natural or manmade disasters, or public ignorance or apathy.

- The duty to defend the state and the constitution entails the right to acquire the means and the skills to exercise that duty, including the skills of the soldier, the policeman, and the fire
and rescue worker, to be organized to act alone or in concert with others to exercise those skills to meet any threat that may arise, and the power to exercise those skills and use those means, alone or in concert with others, with or without official direction or participation.

- In a republic, all citizens are soldiers, policemen, and fire and rescue workers, with the default rank of private. Delegation of official powers to agents of government is the conferring of higher rank to those persons, and persons of lesser rank are subject to the lawful orders of persons of higher rank when persons of higher rank are present and exercising their authority legally and effectively. If not, their rank ceases and highest rank devolves on the person present who most effectively represents that authority, whatever his previous status. A citizen with the default rank of private also outranks any person who is acting in violation of law, for the rank of lawbreakers is lower than that of private, whatever their previous status.

- A citizen not only has the duty to obey the law, but to help enforce it, within his ability, and to do what he can to prepare himself and others to do so.

- In a constitutional republic, the constitution is the supreme law, superior to all other public acts, whether by officials or private citizens. Any statute, regulation, executive order, or court ruling which is inconsistent with that supreme law and not derived from it is unconstitutional and  null and void from inception.

- There are several ways in which statutes or other official acts may be unconstitutional:
    (1) It may be contrary to a right guaranteed under the Constitution.
      (2) It may not be based on one of the powers delegated to the government under the Constitution.
 (3) It may violate the provisions for the structures and procedures of government, such as the delegation of legislative or judicial powers to an executive agency in violation of the separation of powers principle of the Constitution.
         (4) It may neglect to perform some duty imposed under the Constitution.
         (5) It may involve the operation of government outside its constitutional jurisdiction.
         (6) It may not be applied in the way it was intended by those who wrote and adopted the original act.
         (7) It may be vague or incomprehensible to the people who must obey or enforce it.
         (8) It may have been intended to be applied selectively, or have come to be applied selectively, in violation of the equal protection provision of the Constitution that all laws must be applied uniformly.
           (9) Proper notice of the law or act may not have been given in a way that would allow people subject to it to become aware of it.
         (10) The aggregate of laws or regulations may become so burdensome that it becomes unreasonable for everyone subject to it to be sufficiently familiar with it to comply with all of it.
         (11) It may have never been properly adopted, or due process may not have been practiced.
         (12) Information needed to make a proper determination may have been withheld or distorted in a way that is intended to mislead or which has that effect through  negligence.

- An unconstitutional statute is not a law, no matter how vigorously it may be enforced. Enforcement does not make what is enforced the law. What is enforced is a regime. In a constitutional republic, the law and the regime should coincide. If they do not, the regime is not law but anti-law.

- Whenever any person is confronted with a situation in which two or more official acts are in conflict, he has the duty to know which is the superior one, and to obey or help enforce the
superior one, which, if one of them is the constitution, means to obey or help enforce the constitution. This duty cannot be delegated to another person: not to a superior, a court, or a
legal advisor. It is not a defense that one was ignorant of the law or just doing one's job or following orders. This is sometimes called the Principle of Nuremberg.

- The judgement of the consistency of an official act with the constitution is called constitutional review. When this duty is performed by a judge, it is called judicial review. It is not a power of government but the exercise of a duty of citizenship. (Emphasis added)

- Each level and jurisdiction of government has been delegated the power to punish as crimes the deprivation of constitutional and civil rights of persons by agents of government, and some governments the power to punish deprivation of rights by individuals not agents of government. Statutes to implement those powers have been enacted in almost every jurisdiction, and they cover almost every such deprivation.

- Any act performed by an agent of government which is unconstitutional is illegal, and while performing that act the person ceases to be an agent of government or to have any official status, regardless of what trappings of office or color of law he may project. It is also almost certainly a deprivation of the civil rights of someone, and therefore also a violation of one or more of the constitutional criminal laws against doing so.

- Any citizen who becomes aware of an illegal or unconstitutional act of an apparent official, which is a criminal deprivation of rights, has the duty to disobey that act, to report it as a crime, and to arrest the offender and deliver him to a court of competent jurisdiction for prosecution.

- A militiaman is any citizen or would-be citizen in his or her capacity as a defender of the state and the constitution. A militia is one or more persons acting in concert in that capacity. The general militia is the totality of all such persons, which, because even simple obedience to law is a defense of the state and the constitution at a low level, comprises all law-abiding citizens and would-be citizens. The obligatory militia is the subset of the general militia who may be required to keep and bear arms and to respond to militia call-ups. The voluntary militia are those not in the obligatory militia who voluntarily respond to a militia call-up. The ready militia is comprised of the obligatory militia together with the voluntary militia. A select militia is a subset of the general militia which is not representative of the population as a whole, and which may therefore be used to achieve the unconstitutional purposes of some faction. National and state "guards" and law enforcement agencies are select militias. (Italics added)

- Whenever a citizen or other person becomes aware of a threat to the state and the constitution, he or she has the duty to issue a call-up to the militia, even if he or she is the only person present, and all persons who receive that call-up have a duty to respond and act as a militia to meet the threat. In the context of the social contract, an act of "self defense" is more properly described as a call-up of the militia, consisting of oneself, to defend the state and the constitution, also represented by oneself. (Italics added)

- No level or branch of government has the power to tax or regulate any instrument suitable for militia duty, including any firearm or ammunition therefor, except to maintain quality and reliability for their intended functions, or to disable the right of any person to keep and bear such instruments, or to assemble and train as independent militias, except by due process of law upon petition to a court of competent jurisdiction, in which each side shall have the right to argue its case and present its evidence, and the burden of proof shall be on the petitioner seeking the disablement.

- There are no "implied contracts" involving government as a party. A constitution is the entire agreement among the citizens, and no benefit received by any person from government legally obligates that person to make any payment therefor, except through constitutional taxes and fees, nor is any person legally obligated to account for any such benefits, or to be subject to penalties for perjury or fraud for misstating such benefits.  Conversely, neither is government legally obligated to provide some minimal level, quality, or distribution of benefits to persons, other than according to constitutional laws.

- No level or branch of government has the power to impose criminal penalties, such as deprivation of life or liberty, for violations of civil laws. Only deprivations of property or privileges may be imposed for violations of civil laws. Persons may not be imprisoned for failure to pay a fine unless the offense is criminal and a criminal penalty is authorized for that offense.

- No judge may imprison a person for contempt of court unless the constitution delegates the power to do so and a criminal statute authorizes it.

- The jurisdiction of a criminal offense is determined by the location of the offender's head when the offense was committed, not by the location of the effects of the crime. The crime is the mental act, not the outcome.

- No treaty or compact may contain effective provisions which would require agents of government to exercise powers not delegated to them under the constitution of their jurisdiction.  As agents of the people, they may not make powers they do not have elements of any treaty or compact, and no such treaty or compact may confer on them any new powers within the territory of their jurisdiction.

- Statutes passed with the intent that they not be enforced uniformly, but at the discretion of law enforcement agents, are unconstitutional. They violate the Constitutional requirement for equal protection of the laws, and constitute an unconstitutional delegation of legislative authority to executive officials.

- The appropriate exercise of the powers delegated in the Constitution is not discretionary, but represent positive duties, and the failure to exercise such powers appropriately constitute violations of the Constitution. Among these duties is the duty to keep the Militia sufficiently organized and trained so that it might always prevail over any standing military or select militia.

Principles Specific to the Constitution for the United States: - The term "commerce" as used in Art. I, Sect. 8, consists only of exchanges of goods and services for a valuable consideration. "... among the states" is a restriction to those exchanges that begin in one state and end in another. It does not include everything that has ever been a part of such an exchange, or that might be a part of such an exchange in the future, or which is a part of an aggregate of such exchanges some of which may begin in one state and end in another, or which "affect" such exchanges.

- The power to "regulate" commerce includes the powers to license those enterprises which engage in such exchanges, and to prescribe the form, size, quality, measure, labeling, scheduling, transport, and routing of goods and services, but not prohibition of the content or terms of such exchanges. It includes the power to impose civil penalties for violation of such regulations, such as fines or loss of licenses, but not criminal penalties, such as the deprivation of life or liberty. (Italics added)

- The power to impose an excise tax may not be used for any purpose then to raise revenue. It is not the power to prohibit an item by imposing a confiscatory tax on it, or by refusing to accept payment of a tax on it and then declaring the item itself illegal because the tax has not been paid. For this reason, the National Firearms Act of 1937 is unconstitutional.

- The power to impose a tax is not the power to impose criminal penalties for the failure to pay the tax, or to make the item on which a tax has not been paid illegal. Property belonging to the delinquent may be seized and sold at public auction to raise the money to pay the tax, and the reasonable costs of seizure and sale, but all items not thus sold, and all surplus proceeds of the sale, must be delivered promptly to the taxpayer.

- Congress does not have the power to delegate its legislative powers to elements of other branches, nor do agencies of the executive branch have the power to adopt "regulations" or "executive orders" that deviate from constitutional legislation adopted by Congress and signed by the President in any way whatsoever. Any such "regulations" or "executive orders" must be adopted as ordinary legislation before they can become effective. The only exceptions are restrictions on legislation to that part of it which is constitutional, and executive orders that implement legislation for specific cases. (Italics added. This is ignored by this President and his lemmings in both Houses 2009 to 11/2010; but now only in the Senate with Republicans often missing the boat this principle addresses).

- Of the approximately 3000 federal criminal statutes, all but a few are unconstitutional if applied to offenses committed on state territory or to federal territory not ceded by a state legislature to the exclusive jurisdiction of the U.S. government.

- The "blanket" cessions of any property acquired by the federal government, on the books in some states during the 1840-1940 time frame, were unconstitutional, in that they exceeded the authority of the state legislatures by attempting to delegate their legislative powers. No such cession is legal, and jurisdiction for those parcels remains with the states.

- It is unconstitutional for a state agency to delegate to a federal agency the power to make a determination that will affect the way a state law will be applied. This includes letting the IRS determine the tax status of a corporate entity, or letting a federal agency determine the legality of an element of commerce under state law. All such determinations must be made by agents of the state government, accountable to the people of that state through their elected state officials. (Our CA Board of Equalization which “We the people” often ignore - to the peril of business in this state - 3 Socialists, a.k.a Dems to 2 Repubs).

- It is not a reversible error to fail to inform a jury that they have the right and duty to judge the law as well as the facts in a case in which the government is a party, provided that they can be presumed to already know that and that the parties in the case have an opportunity to remind them of that fact. However, since juries can no longer be presumed to know that, it is a reversible error under the prevailing circumstances if the judge fails to so inform them, and to instruct them on all the ways in which a statute or official act involved in the case might be unconstitutional and a deprivation of the rights of the private parties. It is also a reversible error if the judge interferes in any way with the parties so informing the jury, directly or through their attorneys.

- The natural and civil rights identified in the first eight amendments to the Constitution apply to all levels and branches of government, and, indeed, to all governments of persons everywhere, in all nations and times. They do not establish such rights, which precede the Constitution, but only recognize them. They are not just restrictions on the Congress of the United States, but on all governments everywhere.

- While emergencies may make it impossible to strictly comply with some provisions of the Constitution for a short period of time, neither Congress nor the President has the power to suspend the Constitution or any provision of it indefinitely. The economic crisis which prevailed during the 1933 time frame was not an emergency requiring a departure from any provision of the Constitution. (So was the Patriot Act. especially “Homeland Security” part)

- Secret budgets and spending authorizations are a violation of the Constitutional requirement for a public accounting of all funds. There is no provision for a "national security" requirement which  would permit this. Such secret expenditures are only a secret from the people, not from any credible foreign enemy.

Or State of California’s Governor declaring that how money spent in CA is private info for the government and will not be disclosed to the citizen - residents of this State.  2012 Election, take the union-seats away from the Socialists of plastic bags, sexual transgressions while forbidding “Religion and Morality from Posterity’s Learning and determining the content of history Posterity shall be allowed to learn while excluding other - not politically correct by government definition - of it Political party named social Justice ... while all other - only Republican is left - if forbidden or not required of the” top-two vote getters” of number - never Rule of Law or Principles of “Religion and Morality”.

- There is no provision for the operation of "administrative" or "municipal" courts which deny the defendant the right to a jury trial where amounts of more than twenty dollars are involved, and all such courts are unconstitutional.

- An amendment to the Constitution may only be considered ratified if every state counted as ratifying it approves the same language, including spelling, capitalization, and punctuation.

Watch out for Electoral College to ‘popular vote’ only!  Remember ‘State’s Rights’ for small States and that only CA, TX, FL. And NY are required to count the “constitutional votes of person by”.. whole numbers apportioned among the several States..”.

- It is not a violation of the Constitution to issue credit instruments whose value, measured in unit weights of gold or silver, is determined by the marketplace, or to allow such credit instruments to be used for the payment of obligations, as a matter of convenience and security, at their current market value. However, it is a violation of the Constitution to express legal monetary obligations in units other than weights of gold or silver. If the "dollar" is no longer to be a fixed weight of gold or silver, then legal obligations must be expressed in units that are, such as grains, grams, or ounces.

- The power delegated exclusively to the U.S. Congress to declare war is not the exclusive power to authorize the President to send troops into a war situation. A declaration of war is necessary to
relieve soldiers and the President of liability for what would otherwise be criminal acts of violence in the jurisdiction in which they operate, provided that they otherwise conduct themselves according to law and international treaties.

- The U.S. Congress has no power to withhold funds from states or other legislative jurisdictions as a way of coercing them into adopting legislation. Such coercion is a violation of the requirement for equal protection of the laws.

True at this level, is true State versus County or City.

- Broad delegations of powers, such as those in the constitutions of some states, or in Art. I, Sect. 8, of the Constitution concerning territories ceded to exclusive U.S. jurisdiction by state legislatures, are inconsistent with as republican form of government, under which all delegations must be specific, and such state constitutions are in violation of the guarantee in the U.S. Constitution of a "republican form of government". This particularly applies to those which delegate "general police powers". The only "police powers" which may properly be referred to as "general" are the powers all citizens have to enforce the laws. The term is not properly used to include general powers to punish anything that some official decides is an offense.

      This is 12/26/11 National Defense Act - debate.  Formation of a Federal Police force who can arrest “no matter who” without due process, interred at military prison, not charged except by “Threat” the definition of which is determined by the Federal government itself. ....and We the People, know full-well how “Rule of Law” vanishes in the face of force of distorted, withheld, absent, censored-flagged information!

C) “American Dictionary of the English Language 1828" by Noah Webster.
“Today when the Biblical basis of education is under systematic attack we need to capitalize upon the availability of our first American Dictionary — the only dictionary  — to utilize God’s written word as a key to the meaning of words.  Historically, it documents the degree to which the Bible was America’s basic text book in all fields. .... The Bible, which Noah Webster indicated as the source of “the principles of republican government” was closed to its primary function — namely to testify of God’s redeeming grace for mankind through Jesus Christ. ...”( from Foundation for American Christian Education’s Introduction).

From Noah, in his Preface to his “History of the United States”: “Republican government loses half its value, where the moral and social duties are imperfectly understood, or negligently practiced. To exterminate our popular vices is a work of far more importance to the character and happiness of our citizens, than any other improvements in our system of education.”.

“..There is also a question of whether the meanings should be taken from the public meanings shared among the literate populace, the private meanings used among the drafters and ratifiers that might not have been widely shared, or the public legal meanings of terms that were best known by more advanced legal scholars of
the time. .. Most of the U.S. Constitution appears to have been written to be understood by ordinary people of that era, although people then were much more literate in the law than people are now. .. (“Principles of Constitutional Construction” by Jon Roland available at www.constitution.org under ‘Rights, Powers, Duties’ menu.)”.

Naysayers which demand that the constitution must be separated from the Declaration as in the video of the Senate Confirmation Hearing for now Justice Elena Kagan, continue to dominate our courts.  Denial of God Laws in public places including State and Federally controlled education - especially here in Socialist State of California; and the crosses at Mt. Soledad and now a remote hilltop behind Camp Pendleton allowing “class of naysayers of God’s Laws” to dominate over the ‘exercise of religious values of person’ provided by the First Amendment. Absolute Adherence to the full separation of church and state as axiomatic to formation of bills, acts, amendments, statutes, Executive Orders, court rulings, Regulations dominates.

Yet, if you take any noun, verb or word from any sentence in “A” or “B” and look up the word at www.1828.mshaffer.com you shall find the resource from which all parts of Both Founding Documents originate.  That does mean The Bible, as well as ‘common, daily language of Americans from 1620 through the 1950's and still present today; but struggling because of State and Federal mandates against “Religion -  Religion, in its most comprehensive sense, includes a belief in the being and perfections of God, in the revelation of his will to man, in man's obligation to obey his commands, in a state of reward and punishment, and in man's accountableness to God; and also true godliness or piety of life, with the practice of all moral duties. It therefore comprehends theology, as a system of doctrines or principles, as well as practical piety; for the practice of moral duties without a belief in a divine lawgiver, and without reference to his will or commands, is not religion. and Morality “The doctrine or system of moral duties, or the duties of men in their social character; ethics. The system of morality to be gathered from the writings of ancient sages, falls very short of that delivered in the gospel.
1. The practice of the moral duties; virtue. We often admire the politeness of men whose morality we question.   2. The quality of an action which renders it good; the conformity of an act to the divine law, or to the principles of rectitude. This conformity implies that the act must be performed by a free agent, and from a motive of obedience to the divine will. This is the strict theological and scriptural sense of morality. But we often apply the word to actions which accord with justice and human laws, without reference to the motives form which they proceed.”.

Socialism must decline ‘Religion and Morality’ for it cannot utilize the ‘group or class-think, collective’ as concepts, versus Religion’s One Person before God; and our Constitution’s One Person protected from Government - and the unique, individual who when death occurs, removes that unique person from mortal existence on earth....”I am” versus “It all begins with Me!” the slogan current in public, grammar schools grouped into classes by age, but chanting the slogan as one collective mass of ....children.

Attention to words like due, process, polity, contract, democracy, ‘Assembly’, Congress with its “concert of measures” and Republican form of government, ‘person’, corporate, ethics, whole versus as collective, law.... and so much more. Even comparing words like congress, collective, group, assembly, democracy, republican form of government  in 1828 and what happens to it in the 2011 Merriam Webster Dictionary meanings.  And within the definition,,,other words to check out to be clear how the definition is used as applied to The Bible, Declaration, and Constitution.

Astute persons can even evaluate the content of Bill, Acts, Amendment to those Bills, Acts, Sections, Subtitles; speeches and words, with or without the substance of action, from  incumbent and/or proposing candidates for the presence and absence of the wolf wearing sheepskin or RINO designation; and evaluating the use / disuse of State and US Constitution’s as appointed to position writer’s of Regulations continue their paths of destruction of “Rule of Law” as a daily present occurrence in fact of action....totally ignored by anyone else in government.

To those who don’t believe in God’s Laws or in the accuracy of the definitions Mr. Webster Placed in The American Dictionary, won’t believe in the sanctity of ‘person’ with conscience and integrity either.  But will give full support to the state of government as the sole sources of production, distribution of “body” absent “thought as spirit”, word as ‘on-high man’s law’, and disdain for what is history expressed in ‘A, B, and Mr. Webster’.  

Because A, B, and C all express history through the teachings and word of our Lord God, All are timeless...and all are relevant to any issue, at any hour, in any location on this planet and in God’s universe.  Put the Declaration’s way: “and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them,..”.

Imprimis, this month’s edition, article is titled “The Unity and Beauty of the Declaration and the Constitution” an interview with Larry P. Arnn...there will be a ‘free’ course on line at Hillsdale.edu starting in 02/12.

The Introduction to “The American Patriot’s Bible, The Word of God and the Shaping of America” by Dr. Richard G. Lee, holds “While other nations have built their governments upon the shaky foundations of communism, socialism, [open society, borderless nations and jurisprudence of UN] and countless other anti-God philosophies only to see those foundations crumble, America stands without equal as a beacon of hope and freedom in a hurting world. Our Founding Fathers delivered to us a system of government that has enjoyed unprecedented success: we are now the world’s longest ongoing constitutional republic. Well over two hundred years under one form of government is an accomplishment unknown among contemporary nations.”. This is the 400th Anniversary of the King James Version of The Bible.  Thomas Nelson is the publisher of the Patriot’s Bible and it is a tribute from Great Britain to the United States. It is a New Version of King James (NKJV); but not all changed and very carefully described 5W’s and H of this New Version.

However imperfect our Nation’s history, the opposite, as this Obama Anti-law Regime represents, cannot reach up to the soles of the feet of Americans throughout the ages who have protected and given everything they have of life and liberty Plus Duty, Service, and Honor. The socialists over time, with the epitome of Obama’s and CA’s Legislature of Union dominance —  unfettered by any Constitution or Law — except their personal definitions, are the worst brigands in US History.  Their diffusion into every aspect of life, liberty, and pursuit is like a black widow spider’s web: it is sticky, clings itself to whatever is available, stays in the dark corners, is deadly to the male brown, smaller widow and will always return to where ever opportunity awaits impending disaster.  Other spiders don’t cling, webs are easily broken or removed, are geometrical, and even beautiful when capturing water drops or light.

The election in 23 weeks and 3 days shall determine which candidates for CA State and Congressional office will expedite return of our nation to Constitutional, Representative government of our Republic of protection for One Sovereign Person, the Sovereignty of State over the proper, tiny tip of Federal government; or the continuation of the black widow’s sticky, diffuse web of control and force over life, liberty and pursuit as the Obama-CA, Union Legislative political party of Socialism.  There is no Democratic Party. For those Democrats would not vote against our Nation’s history, though they do like big government....just not black widow spider big.  Please pay attention to the Superior Court judges and do not place an “X” or electrical touch screen to any who do not understand the words “illegal”, “privileges and Immunities”, equal protection... and the connection between ‘life, liberty, and pursuit with the first 8 Amendments of our Constitution = “Natural Rights” which are unalienable.

The Presidential race is not as important as the those candidates who will protect “Person”, speak from the legislative floor to stop.. Unconstitutional Bills, Acts, subtitles, sections or any part of government’s concept of protection and safety for government’s intrinsic required force - demand- conform - cooperate or civil disobedience for those who do not!!  

Tuesday, December 27, 2011

Each ELECTED-Representative is failing to recognize the dichotomy between ....

Law for Temporal - mortal of homo sapiens with cognitive attributes Government versus “Spiritual Law” of God’s Law - Internal Government of conscience.  The First "Declaration of Constitutional Principle" is: "The individual component of the polity is the person, which is defined as any being consisting of or having the essential cognitive attributes of a member of the species homo sapiens [habeous corpus], including both the capacity to compete with others for the means to exercise the natural rights of life, liberty, and the pursuit of happiness, and the capacity to regulate its competitive actions to avoid depriving others of those rights..[soul]".  Person is also defined as: "1. An individual human being consisting of body and soul. We apply the word to living beings only, possessed of a rational nature; the body when dead is not called a person. It is applied alike to a man, woman or child. A person is a thinking intelligent being.  2. A man, woman or child, considered as opposed to things, or distinct from them. A zeal for persons is far more easy to be perverted, than a zeal for things."

In the Declaration, it is 'person' who is addressed  in "We hold these truths to be self-evident.."; AND

In obedience to God's Laws: from the 10 Commandments as the "Religion and Morality" requirement of each-one-elected-official-and-all-subparts of government at all levels of government: "Thou shalt not bear false witness" 2011 demonstrated by "There are several ways in which statutes or other official acts may be unconstitutional": "1) It may be contrary to a right guaranteed under the Constitution. 3)It may violate the provisions for the structures and procedures of government, such as the delegation of legislative or judicial powers to an executive agency in violation of the separation of powers principle of the Constitution.  6) It may not be applied in the way it was intended by those who wrote and adopted the original act. 8) It may have been intended to be applied selectively, or have come to be applied selectively, in violation of the equal protection provision of the Constitution that all laws must be applied uniformly. [also includes if this #8 is true, then unequal application of protection of "privleges and immunities" is also true.] 11) It may have never been properly adopted, or due process may not have been practiced. 12) Information needed to make a proper determination may have been withheld, or distorted in a way that is intended to mislead or which has that effect through negligence." [The Obama's Administration's statute writing, 'Standard of Operating Procedure'].

"Thou shalt not steal.": 'Steal' means: "1. To take and carry away feloniously, as the personal goods of another. To constitute stealing or theft, the taking must be felonious, that is, with an intent to take what belongs to another, and without his consent. Let him that stole, steal no more. Ephesians 4. 2. To Withdraw or convey without notice or clandestinely. They could insinuate and steal themselves under the same by submission.
3. To gain or win by address or gradual and imperceptible means. Variety of objects has a tendency to steal away the mind from its steady pursuit of any subject. So Absalom stole the hearts of the men of Israel. 2 Samuel 15.   v.i. 1. To withdraw or pass privily; to slip along or away unperceived.  Fixed of mind to fly all company, one night she stole away. From whom you now must steal and take no leave.
A soft and solemn breathing sound rose like a steam of rich distilld perfumes, and stole upon the air.

Steal's definition as verb intransitive and #3's definition, are mandatory for Social Justice of group-mind Socialism; and start from public school kindergarten throughout all aspects of State and Federally - controlled indoctrination disguised as 'education'. And in the contents of multiple-subject, actions Bills, Acts, Amendments, formation of statutes, court rulings as precedent where selection of appropriate prior judgments are determined outside of the content and intent of "The Rule of Law", and Executive Order where the President is denied his "opinion without interference" in the supreme Law contained in Article I; therefore, he writes his own definition of law or process of force and control as an E.O., which does include using the Executive Branch's Cabinet of  regulation-writing, process absent regard for our Supreme Law. Stealing the 'mind' is more than felonious - and is a greater crime than murder with intent; torture and all other evils of man's nature.

“The Law is good if a man use it lawfully. Knowing this, that the law is not made for a righteous* man, but for the ungodly and sinners, for the unholy and profane, for murderers of fathers and mothers, for manslayers,...for liars,..and if there be any other thing that is contrary to sound doctrine..(I Timothy 1:8-15)..". In our Constitutional Principles, this part of Timothy is stated as: "The natural rights of persons are inalienable, preceding the social contract* and the constitution, and persons may not be deprived of them even with their consent, since they do not have the power to surrender those rights, and therefore do not have the power to delegate the deprivation of those rights to others.".

There is no earthly judge, person, attorney, legislator of any member of cognitive homo sapiens who is able to over-rule the "..belief in the being and perfections of God, in the revelation of his will to man,.." as "religion"; with: " also true godliness or piety of life, with the practice of all moral duties. It therefore comprehends theology, as a system of doctrines or principles, as well as practical piety; for the practice of moral duties without a belief in a divine lawgiver,..."Morality".

 "Majority" refers to age of legal vote as well as greater number with 'right of..' . Here is the Constitutional Principle: "Disablement of all rights other than the rights of majority may only be done by due process for individuals, not by legislation." AND "The only rights which may be disabled by default or by statute for an entire class of persons are the rights of majority, and those disabilities of minority, ... . All other rights must be disabled individually, by due process of law, and then only to the extent that is determined necessary to avoid infringing on the rights of others.".  


"Majority rights" means ": The traditional American philosophy teaches that The Majority must be strictly limited in power, and in the operation of government, for the protection of The Individual's God-given, unalienable rights proclaimed in the Declaration of Independence and, therefore, of the rights of The Minority--of all minorities. .. The protection provided by this principle applies fundamentally, of course, in favor of a minority of one: The Individual. No majority, however great even all of the people but one Individual--may properly infringe, or possess the power to infringe, the rights of any minority, however small--even a minority of a lone Individual. ..America a Republic--Not a Democracy--In Form of Government--So As to Limit Effectively The Majority To Protect the Individual 4. Therein lies the reason why the American leaders who framed and ratified the United States Constitution in 1787-1788 chose, for America's form of government, that of a Republic and not a Democracy. ..("12. The Majority - Limited for Liberty" in http://lexrex.com/enlightened/AmericanIdeal/yardstick/pr12.html ).".

Each Representative fails to uphold their Oath of Office to  “The Rule of Law” results in anti-laws(as whole or Section); and when moved forward for signature into law, causes the extinguishment of our Unique in Mankind’s History of The Declaration of Independence originating from God’s Laws and Promised delivered in the Application of God’s Law through Constitutional Law.**

"..and to sacrifice itself for the greater good of the polity as a whole or for their common posterity. The polity or society, is created by the *social contract, in which persons agree to join together for mutual benefit and defense, and to regulate their behavior to avoid forms of competition which are destructive of social coherence and effectiveness, such as violence, deception (National Defense Act's "Threat" "no matter who"), or collusion, or tho infringe on the rights of others."

Two Important principles: “In a Constitutional republic, the constitution is the SUPREME LAW, superior to ALL OTHER public acts, whether by officials or private citizens. Any statute, regulation, executve order, or court ruling which is INCONSISTENT with that SUPREME LAW And Not DERIVED from it IS UNCONSTITUTIONAL and NULL and VOID from INCEPTION.” .  That means the Whole Content of Bill, Act, Statute, Executive order, court ruling. The Principle does not lend itself to choosing which part of Adam and Eve’s Apple you take a bit from; or which “precedent” you decide and the judge adjudicates upon!!!   AND                                                                                                                                    
"An unconstitutional statute is not a law, no matter how vigorously it may be enforced. Enforcement does not make what is enforced the law. What is enforced is a  regime. In a constitutional republic, the law and the regime should coincide. If they do not, the regime is not law but anti-law.

Each Representative which allows the anti-law (section or whole) to become law, allows the government substructure to enacted, define, write, inspect, enforce, adjudicate, and punished via the underling, 2600, appointed and hired, with bias of Union-defined government, employee, as regulation at Departments of Federal and State levels; without consent of “We the People”. Each Representative also fails --- Any act performed by an agent of government which is unconstitutional is illegal, and while performing that act the person ceases to be an agent of government or to have any official status, regardless of what trappings of office or color of law he may project. It is also almost certainly a deprivation of the civil rights of someone, and therefore also a violation of one or more of the constitutional criminal laws against doing so."  "Any citizen who becomes aware of an illegal or unconstitutional act of an apparent official, which is a criminal deprivation of rights, has the duty to

One Act or Bill, not stopped becomes a snowball, avalanche of government in perpetuity which removes “We the People” - elected or not - from their unalienable rights of life, liberty, and Pursuit of happiness.

Please Do Not continue to debate habeous corpus or "body" absent "soul". It is unlawful in The Bible, in our Declaration, and in our Constitution.  It is that 'tickling of your conscience' stating in its very, very quiet nature: This is Wrong!

Monday, December 26, 2011

Senators of 'body - habious' without 'soul' and National Defense Act...

http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D3gnw0lLbHJg%26feature%3Dshare&h=8AQEdAR_6AQF-7j38Qc7g1HoytN3Or7hVivv6NYOA-rMY_g             This is really you tube...freedom watch with Sen. Rand Paul

Since at least the embodiment of this Obama Regime taking the huge step beyond: The Problem: Notice the quickly passed without much thought of implications of the names of the "precedent" cases to justify this action. And Please Notice, not one person including Judge Napolitano, has noticed! The change in the Constitution is that "Precedence" IS ALLOWED TO OVER-RULE "THE RULE OF LAW"! Thus Pres. Jefferson's "On every question of construction, [let us] carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and INSTEAD OF TRYING WHAT MEANING MAY BE SQUEEZED OUT OF THE TEXT, or INVENTED AGAINST IT, conform to the probable one in which it was passed." Legal definition 'precedent' part of the definition that is relevant: ".. As a practical matter, courts can usually find precedent for any direction they want to go in deciding a particular case. Accordingly, precedent is used as often to justify a particular outcome in a case as it is to guide the decision.The body of judicial decisions in which were formulated the points of law arising in any case. .." " Precedents can only be useful when they show that the case has been decided upon a certain principle and ought not to be binding when contrary to such principle..". 

The 'code word' is "Threat" for Government defines, as it has been since 2009, 'threat' - including ebony against Gibson Guitar, the 50 yr. home of a family bordering the FL Everglades, contamination of 331,000 pounds of private company's ground beef...and on...and on... AND Sen. McCain, not hearing his own voice!!!: "any person NO MATTER WHO, THAT POSES A THREAT. Since when do we enforce action against any person BEFORE A CRIME HAS BEEN COMMITTED!!! BASED ON GOVERNMENT DEFINED "THREAT"!!! NEVER. Any American, NO MATTER WHO, WHO IS SILENT BEFORE OUR FOUNDER'S PROTECTION 'GUILT MUST BE MADE BY THE ACCUSER'. THE PRESUMPTION OF INNOCENCE is the protection of the "Person" of the Constitution. Person means "An individual comprised of a "body [habious]" and a "soul" spirit. ALL LAW THAT HAS OCCURRED AND IS REPRESENTED BY ALL REGULATIONS OF THIS CURRENT, SOCIALIST REGIME - DENYS THE "SOUL" OF ONE PERSON BEFORE THEIR GOD AND THE DECLARATION AND CONSTITUTION OF THIS NATION. HABIOUS IS NOT ONLY A SMALL PART OF DUE PROCESS - IT IS USELESS, UNLESS ATTACHED TO THE 'SOUL'. HOW CAN THESE AMERICANS BE SO IGNORANT TO THE MOST SACRED PROPERTY: SOVEREIGNTY OF THE "SOUL" - "BODY" IS USELESS WITHOUT SOUL. THINK OF A PARALYZED 'PERSON' FOR THE INSULTING, RIDICULOUS NATURE OF THIS ARGUMENT!

If this doesn't make you furious at this Socialist regime which could only be the one to continue its systematic removal of life (plane ticket for whatever purpose but not greyhound, train) - search including the inside of 'body-habious' which is why this debate is even occurring.. 1828 Person: 1. An individual human being consisting of body and soul. We apply the word to living beings only, possessed of a rational nature; the body when dead is not called a person. It is applied alike to a man, woman or child. A person is a thinking intelligent being." The 'body' is not a person when detached or dead. Since you cannot detach 'body' from a live person, then you can't treat the 'body' as if 'it' was, somehow capable of the "THREAT" of any crime or action----before the action occurs!!! 

THREAT: "A menace; denunciation of ill; declaration of an INTENTION or determination to inflict punishment, loss or pain on another." There is no unlawfulness because the "Threat" does not result in the crime or the application of the threat. And 'threat' requires a 'soul' for a 'body' cannot perform the illegal act, NO MATTER WHO, unless the 'soul' is attached!!!

 One last: "The Natural Rights of persons (body and soul) are INALIENABLE, preceding the social contract and the constitution, and persons may not be deprived of them even with their consent, since they do not have the power to surrender those rights, and therefore do not have the power to delegate the deprivation of those rights to others. ["Declaration of Constitutional Principles" by Jon Roland; www.constitution.org]   Hopefully, Jon Roland will be elected in 2012 to the Senate - from Texas --- to help you Senator americans   "Sometimes [they] can't see the light shining in their eyes! (President George Washington)"!  This PRINCIPLE is the REASON the 
above is an unmitigated insult to our Founders and to every American of the very essence of our Constitution and  Does "bear false witness against your neighbor" and then there is "Do unto others as you would have others do unto you".  I'm pretty sure, Mr. and Mrs. American Senator...you don't think this regime.. would ever 'touch' or accuse your 'habious' would it!!!!  So why place this on Americans or 
any person?    Please be ashamed of yourselves... it would be so refreshing for you to admit, what Obama's regime shall never admit, that "person" is "body and soul" - thinking and cannot as 'body' unless soul is attached.  Please read I Timothy I: 8-22!

Cathy West, Escondido CA  

PS  Thank you for listing your votes by your party membership and for the count completely stated.  This American appreciates the return to "information needed to make a proper determination may have been withheld or distorted in a way that is intended to mislead or which has that effect through negligence. [also #12 of several ways in which statutes or other official acts may be unconstitutional" from Mr. 
Roland's "Declaration of Constitutional Principles".

Wednesday, December 21, 2011

Redistricing Bombshell & 3 Things You Can Do Before Christmas ...

Dear Catherine,  [and many others]

Total vindication.

That's the only reasonable response to the bombshell report released today by ProPublica, a Pulitzer Prize-winning investigative journalism website, titled "How Democrats Fooled California's Redistricting Commission." The report systematically lays out the corrupt manipulation of what should have been an open and transparent process. 

Once you've read through the report, I want you to do three things: 
  1. Pat yourself on the back for knowing you helped do the right thing by supporting the CRP's referendum efforts. 
  2. Call your local talk radio station and/or write your local newspaper and demand an immediate investigation.  
  3. Forward this report to your friends and followers on Facebook and Twitter ASAP. 
Here's what the San Jose Mercury News reported about the redistricting scandal today:

"California's congressional Democrats ran a secret effort earlier this year to manipulate the work of the independent citizen's panel that drew the state's new political districts, foiling the intent of reformers who sought to remove the redistricting process from the control of party bosses.

"Democrats met behind closed doors at the party's Washington, D.C. headquarters, hired consultants, drew their ideal districts and presented maps to the panel through proxies who never disclosed their party ties or "public interest" groups created specifically for the purpose. In many cases, the panel responded by doing just what the Democrats wanted."  

You can read the entire article HERE. Here's my official response:

"The ProPublica report vindicates my repeated contention that the redistricting process was hijacked. That report, however, is just the tip of the iceberg. The corruption of the process went far beyond what was disclosed in that report. No fair minded person can now say the process or the result was fair.  I am calling for an immediate and thorough investigation, by Congressional and State authorities, to get to the bottom of this obviously corrupted process.  Beyond that, the Congressional and Senate lines as drawn by the Commission should not be used in any way for the upcoming elections."  

Once again. "That report...is just the tip of the iceberg."

You know that I've been petitioning the Redistricting Commission, from the very beginning, to conduct itself with openness and fairness, just like California voters asked when they voted in favor of Prop 11 and 20. In March, I recommended that the commission hire bi-partisan line drawing experts and Voting Rights Act counsel to assist them with re-drawing legislative lines to avoid the commission being cast as a partisan one. Instead, they chose to ignore my advice and hired Q2 Data and Research, a firm widely known for its ties to Democrats. Please read the letter I sent to the commissioners regarding this decision.

I also chronicled the Commission proceedings with pieces on Flash Report and Fox and Hounds Daily, which points out the high level of partisanship involved with the selection of Q2 Data and Research.
Redistricting

Shortly thereafter, it was revealed by Cal Watch Dog that one of the commissioners, Dr. Gabianno T. Aguirre, had made multiple political campaign contributions to Democratic candidates and has a special "web of connections" with a special interest group that submitted its own redistricting proposals to the commission. Again, a clear violation of the Redistricting Commission's rules.

I called for him to step down as his involvement compromised the commission's integrity. Those calls fell on deaf ears, and Dr. Aguirre was allowed to maintain his position on the Commission.  

In the Sacramento Bee, I stated that the Citizens Redistricting Commission 'failed to consistently apply the criteria mandated by law when drawing the Assembly, Senate, congressional, and Board of Equalization maps.

Now it's time for you to step up and let your voice be heard. Once again, we need to work together to demand accountability in all phases of government, even from non-partisan commissions who got fooled by the Democrats. Make calls, write letters, let your network know about this bombshell report.  Thanks again for all your hard work and service!

TDBC signature long form   
Tom Del Beccaro
CRP Chairman 

I have forwarded this to everyone I could contact.  Hope you do also.  Our "ELECTION" IN JUNE --- NOT A PRIMARY, AN ELECTION FOR CONGRESS AND STATE OFFICES + STATE DP. OF EQUAL.  

Here's my note added-on...."tip of the iceberg" is way too small!!!!!!!!!!!!!!!! 

Every voter in this State is affected by this.  And by the School Districts - all cities now affected and yet to be by CVRA - 'By Area Trustee Voting System(BATES)"  of "cocoon" alias "protected class" of skin-color-'race' -other than white Anglo-Saxon and country-of -origin-other than the United States-culture" REDISTRICTING LINES REDRAWN WITHOUT VOTING ALLOWED by permission of the State Dp. of Edu who issues a "Waiver" allowing Sch. Boards to go ahead with the changes in the district/precinct lines.  Versus "1776At-Large Voting System (1776ALES)" which is arbitrarily removed because of "threat" of being "sued". 

IMPORTANT ADDITIONAL FACT: Learned from Demographer who redrew the Escondido Unified Sch. District/Precinct lines: The 5 more or less "types" of District/Precincts are determined by Tom's attached, by school boards, by counties, by cities, by water Districts, by B. of Equalization, etc.  All ARE LAYERED ONE ON TOP OF ANOTHER, then the SECRETARY OF STATE'S SOFTWARE draws to District/Precincts.

Means if one "type" is gerrymander, the whole is Gerrymander. Means that if School Boards and cities redraw "CVRA - BATES", then there is no longer Amendment XIV:2 APPORTION BY NUMBER 1 Person: 1Vote as replaced by physical or cultural heritage. BART is Gerrymandering for School and city

 US Citizenship as voters who are White, Anglo Saxons are not included in CVRA; and that includes White-Anglo-Saxons who have their homes on 6th Ave environs from Western toward Central City or the Central area of Los Angeles where White-Anglo-Saxon are the Minority - UNPROTECTED CLASS.    Violates 14th: "No State shall make or enforce an law which shall abridge the privileges or immunities
of citizens of the United States,....nor deny to any person within its jurisdiction the equal protection of the laws.".  Also, CVRA "As Applied Challenges to the [CVRA]" by John E. McDermott, discloses additional illegal aspects compared to FVRA[Federal Voting RA].

Now add to this: Article II of California's Constitution: "(a)...All voters may vote at a voter-nominated primary election for any candidate for congressional and state elective office without regard to the political party preference disclosed by the candidate or the voter,..... The
candidates who are the top two vote-getters at a voter-nominated primary election for a congressional or state elective office shall,
regardless of party preference, compete in the ensuing general election. ... (b) Except as otherwise provided by Section 6, a candidate for a congressional or state elective office may have his or her political party preference, or lack of political party preference, indicated
upon the ballot for the office in the manner provided by statute."

A political party or party central committee shall not have the right to have its preferred candidate participate in the general election for a voter-nominated office other than a candidate who is one of the two highest vote-getters at the primary election, as provided in subdivision (a).  EXCEPT, the Political Party named "UNION ADMINISTRATION".  and..

SEC. 6.  (a) All judicial, school, county, and city offices, including the Superintendent of Public Instruction, shall be nonpartisan.
   (b) A political party or party central committee shall not nominate a candidate for nonpartisan office, and the candidate's
party preference shall not be included on the ballot for the nonpartisan office.  NOT 'BERTS' ACLU was present.  Five of the suites against N. CA cities are from the same Legal Group: "Lawyers' Committee for Civil Rights Under Law (LCCR) per "The Santa Clara Weekly"(Issue 37, 09/2011; "California Voting Rights Act: An $8Million Bill for Taxpayers" by Carolyn Schuk.  LCCR  is located at www.discoverthenetworks.org. and is an 'Affirmative Action' group. CVRA is a pure 'Affirmative Action' anti-law Mr. McDermott demonstrates as opposed to FVRA.  In fact CVRA doesn't even have to have any racial problem attached...to be enforced.

The CA Supreme Court refused to hear the case against CVRA.  It does not belong in CA's Supreme Court. It belings in United States district Court because it is a "Constituitional" civil complaint.  This "person" would like and has support from legal group to take the CVRA to Constituitional hearing as "Citizens of the State (or my City for the last 18 years) of California versus California Voting Rights Act - BARTS.  Would you join me?  I have already written another case and having it heard - in U.S. District Court - San Diego. I am well informed regarding all terminology, resources, and references written herein.   

Layering + "greater number of vote-getters" + empty-stated "nonpartisan" + instructed SD County Board and by the 'BATES' contracted attorney to obtain the "waiver" and not allow 'voters' as 100% of residents their voice re their District/Location/precinct + Escondido city added as a suit under CVRA + Citizen's Redistricting Commission as attached  = STUFFED BALLOTS IN FAVOR OF THE CURRENT LEGISLATURE and its SUBSTRUCTURE under Union-Control as Employees who are paid with taxpayer money + pay their dues with tax payer money to the Union Administration whose salaries are tax-payer money -- who then pay their attorneys with tax payer money - to attack taxpayers as voters. These same union also seat "candidates" of their choice.  A construction union is a co-plaintiff for CVRA in the suit against the City of Escondido.

AND, that is why -- governor signed bill and [probably] the City Council (majority is in office as union's desire) moved our City-county resident's "Pension Reform" to the Nov. election. That move shall incur additional millions of dollars additinal expense to the taxpayer's of San Diego. And that affects business throughout the entire County.  

MOST IMPORTANT OF ALL: The "greater number" produces the ELECTION of candidates for Congress and Assembly and State B of Equal. in JUNE. So the City Council and the State (union) will have the benefit of "collective, mass group of people of greater number" as justification for their continued abuse, irresponsible Bills, Regulations, decisions ...in the Government's requirement for power.. unfettered by Constitutional Law or any other - for that matter.    

Please pass-on and perform what Tom asks for.   He is so right!  And it effects our Constitution versus Socialism flying under the "Democratic Party" label today, our Posterity, and the Future of our State in the Union of Our Nation or Representative, Republican form of government under a Constitution.

Thank you, Cathy