Liberty Maven

D o w n s i z e r – D i s p a t c h

If you want the Supreme Court to hear this argument please make a tax-deductible contribution for this purpose to the Downsize DC Foundation.

Why this is important

Statism is the belief that politicians and bureaucrats should have broad powers to use force against citizens. In its most virulent forms Statism killed more people in the 20th Century alone than all of the individual non-governmental murderers in the history of the world, COMBINED!

Professor R.J. Rummel estimates the total murderous death-toll of Statism at about 170 million people!

Not even the Black Death of the Middle Ages, or the Flu epidemic of 1918, can approach these numbers, even if you combine the totals from those two epidemics and reduce the estimate for the total number of murders committed by governments.

But the terrible statistics for Statist murder still only tell part of the story. We must add to them the statistics for the mass theft, imprisonment, and torture committed by governments against innocent people. These measurements of State criminality are even more vast, so much so that they are literally incalculable.

The State, and the belief-system that fosters its criminality — Statism — are the great scourges of human existence, against which no other source of death and destruction can remotely compare.

Of course, in reaction to all of these blood-curdling facts the fool argues that such things could never happen in this country. The same foolish belief was held by people in Russia, Germany, China, Cambodia, and a hundred other places, before such things DID happen in those countries. But such naivety is also exposed by one other crucial fact . . .

Murderous and violent crimes by the State have already been committed by our government, on a massive scale. A partial list would include . . .
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Republicans displaying their “Red State pride” following the results of Tuesday’s elections need to face reality. The two GOP gubernatorial election victories in Virginia and New Jersey were unsurprising and expected. Now if a true limited government conservative beat out Bloomberg in the New York mayoral race there would be a reason for celebration.

The reason Bob McDonnell beat out Creigh Deeds in Virginia was not because McDonnell represents some new style small government Republican. McDonnell won because Deeds made campaign mistakes. McDonnell made none. Deeds lost the race more than McDonnell won it.

The same is true for the New Jersey race. Corzine, a former chairman at Goldman Sachs, easily became a scapegoat for a failing economy and political corruption. So, he lost.

What Tuesday’s election results really demonstrated was a lack of conviction for either Democrats or Republicans. When the political spectrum shines red, then blue, then red, then blue, over and over again something tangible comes to light:

America is not rooting for either party to win. America is rooting for the underdog.

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Editor’s Note: This item comes to us from Ryan McCain of CC2009. Any organization or event that promotes enforcing the rule of law inherent in the U.S. Constitution is more than worthy of our time.

Citizens fed up with constitutional violations causing devastation to the economy and the Nation, are stepping up to join constitutional activist Robert L. Schulz, Chairman of We The People Foundation for Constitutional Education, to prepare for a modern-day Continental Congress to take place November 8-22, 2009 at the Pheasant Run Conference Center in St. Charles, Illinois.  Continental Congress 2009 is not political or partisan and seeks to defend, not amend, the current Constitution.

Billed as the “next appropriate step for the free people of America,” planners hope the historic national assembly will inspire the critical mass necessary to restore constitutional governance. 153 citizen-nominated-and-elected Delegates – three from each state and Washington, D.C. — will convene for two weeks to methodically and factually document constitutional abuses which have taken place over many years, across many administrations, every branch of government and both parties.   Delegates will consider specific non-violent, legal civic actions to stop the wrongs.

To help finance the historic event a .999 pure silver CC2009 commemorative round will be given for each donation of $100.00 or more. Planners are also seeking bigger donors they are calling the “patriotic, brave and wealthy” who “understand what Continental Congress can do for America.” Furthermore, a money bomb is also in the works.

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D o w n s i z e r – D i s p a t c h

Subject: Our first press release to the national media

Your work has made “reading the bills” a national issue. You accomplished this with zero help from the media. Now Congress and other groups are piggy-backing on your work, attempting to steal both your steam and your thunder, pushing non-reforms like H. Res. 554. Do you . . .

* Want to stake a claim to the results of your work and the need for the real “Read the Bills Act?”
* Let the media know what the “real deal” is

If so, here’s what we want to send to the national media early next week . . .

“It will pave the way for our Read the Bills Act,” declared Jim Babka, President of DownsizeDC.org.

DownsizeDC.org created its “Read the Bills Act” (RTBA) in 2005. Constituents have bombarded their representatives in Congress with a quarter-million letters supporting RTBA. Babka has also presented it to beltway groups.

“Public pressure and my presentations are what led the Republicans to pick-up ‘reading the bills’ as a talking point. But when the people witness how worthless their approach is, demands to pass our RTBA will increase.”

The 72-hour rule makes cosmetic changes to House rules.

House members are supposed to receive readable copies of bills three days before a vote. The rule is rarely followed.

The rule changes that time requirement from 3 days to… 72 hours.

It also requires that the public gets the bill at the same time. Babka likes this real change, however…

“It’s only a rule; not a law. So it can be waived in many instances, and doesn’t apply in others. There’s no enforcement mechanism to penalize Congress when they violate their rules. And three days isn’t nearly enough time to read the monster-sized bills Congress routinely passes.”

DownsizeDC.org’s ‘Read the Bills Act’ can’t be waived and requires Congress to…

* Read the entire bill out-loud before a quorum
* Post all bills on the Internet for seven days before voting

If ignorance of the law is no defense for citizens, such ignorance must not be permitted to Congress. That’s why RTBA also provides citizens with a solid legal defense against laws passed in violation of these requirements. Babka concluded:
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Judge Andrew Napolitano takes a look at the Wilson fiasco from a different angle than most of the mainstream media, which tends to focus on the “respect” that the [office of the] President of the Unites States “deserves”.  The Judge points out that Wilson shouted “you lied!” while the president was claiming that illegal aliens would not receive health care benefits under the “public option” proposal, and then examines this with respect to the Constitution’s “Equal Protection” provision.

The Constitution imposes on the government numerous burdens that we as individuals do not have. For example, I can tell my nephew to keep quiet at the dinner table because I don’t like what he said about grandma, but the First Amendment prevents the government from keeping him silent on a street corner when he criticizes it. Similarly, I can give a gift to some of my nephews and nieces because they are great kids, but I don’t need to give gifts of equal value, since I can spend my money on gifts however I wish. But the government has some burdens here that individuals do not. The Constitution requires that the government treat all persons similarly situated in a similar manner. This is the essence of “Equal Protection,” which the Constitution requires of the states and the federal government.

Napolitano goes on to cite case-law in which the Supreme Court has ruled that states may not deny people the right to an education based on citizenship status, and undoubtedly  “an education is in the same class of social benefits as providing health care.”  He points out that Obama with all his collegiate accolades certainly must know this.

Can anyone really suggest that the Harvard Law School-educated University of Chicago-employed professor of constitutional law did NOT know the law when he contended that the Congress can keep universal health care away from illegals? He must have known that, short of amending the Constitution to re-define “persons” and “Equal Protection”, whatever the Congress makes available by way of social services to the general population, it must make available to all persons.

There is no question that under the present law, Congress simply cannot pick and choose which “persons” to whom it will afford social benefits and to which “persons” it will not. How could the president not have known that?

Read Judge Napolitano’s article at FoxNews.com.

Yesterday Judge Napolitano was the guest host on the Glenn Beck show. In the final two segments of the show he used his time to investigate Congress’ Congressional enumerated powers with his two guests.

This is Judge Napolitano in his element and it is a beautiful thing. Every single American should watch these segments and heed the call to action the panelists suggest.

When the government fails to obey the rule of law within the Constitution it is up to the people to replace those oath-breakers with oath-keepers.

Part 1: http://www.youtube.com/watch?v=bJjhcMO0epc
Part 2: http://www.youtube.com/watch?v=HOFcECzuD9w

In the wake of last year’s Heller decision the question of incorporating the 2nd Amendment to the states has seen some play in the U.S. circuit court system. What is “incorporation” and should the 2nd Amendment override state law?

First, here is some audio from Guntalk, a weekly radio show hosted by Tom Gresham of Guntalk.tv, a wonderful resource for all gun-owners.

Gresham reveals the details of the previous incorporation-related cases and a new development that could have a bearing on whether or not the Supreme Court takes up the question. Before it was a no-brainer for the high court to hear the case, but now the 9th Circuit Court appears to be trying their hardest to make it a “brainer”. Listen to Gresham lay it all out in the audio below.

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Originally, the Constitution and Bill of Rights were a set of restraints on the federal government. The states pretty much had free reign on the laws they could enact. The states were governing themselves prior to the ratification of the Constitution. Our Founders (for the most part) tried to avoid trampling on states’ rights to self-govern. The amendments passed following the Civil War, particularly the 14th, set the stage for the trampling to begin.

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Here is yet another story about those who are supposed to serve and protect, harassing and abusing instead. One wonders how often these events occur but never rise to “Rodney King” proportions.

At least Ryan McCain’s story (included below) ends well. My Brother-in-law was in a similar situation recently. His pickup truck broke down, he fixed it on the side of the road, and to test it out drove a bit and turned down a gravel road. When he turned around 3 police cars screeched into view, cops jumped out, guns drawn yelling. Apparently they thought he had stolen his own car. Of course, checking the registration didn’t stop them from taking him to the station before releasing him. This story, the Steve Beirfeldt/TSA story, the one included below, and countless others make me believe that these are not just isolated incidents. They are a disturbing trend.

Ryan McCain shared the following “isolated incident”:

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I attend a town hall discussion with my Congressman and try to help out with solutions, instead of more excuses and “politics as usual.”

by Jake Towne, the Champion of the Constitution

Originally published Tuesday, July 7, 2009 at http://www.nolanchart.com/article6603.html

“First they ignore you, then they laugh at you, then they fight you, then you win.” – Mohandas Gandhi

“There’s no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.” – Ayn Rand

“A man never tells you anything until you contradict him.” - George Bernard Shaw

Dear Congressman Dent -

I very much enjoyed the office hours you held Monday, July 6, 2009, in my hometown of Nazareth.  As you are now aware, from the comments there are very many concerned citizens in our district and the next town hall discussion will likely require a new venue as the hall was bursting full, even though the meeting was at 10 AM on a working day.

One of the items the group discussed was the fact that you did not have time to read the recent Cap and Trade Bill due to a last-minute amendment that added 300+ pages. While it is understandable that you cannot have time to read bills that are dumped last-minute on your desk before a house floor vote, I find it completely unacceptable that you have not taken steps to remedy the situation.

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As I write this right now, Republican Minority Leader John Boehner (who also is a cosponsor of HR1207) has been talking on the House Floor for about 50 minutes. He is stepping through (almost page by page) the 300+ page addition to the Cap and Trade (Climate Bill) that was added around 3am this morning.

He’s actually making many great points about the horrible details in the bill.

What he is doing right now is giving great ammunition for supporting the “Read the Bills” Act in the near future.

“Is there anything that we aren’t regulating in this bill?”, Boehner yells.

At about 20 minutes in, Henry Waxman interrupted and asked how long Boehner would be permitted to speak. The chairwoman stated that it is customary to hear the leadership speak, forcing Waxman to sit down and allow Boehner to continue (to great cheers from the GOP side of the House).

We live in interesting times folks.

Please continue to contact the Reps who are on the fence regarding the bill. For a list see this page from the NTU.