Category Archives: Brave New World

Time to Abolish FDR’s “New Deal” Thanksgiving? (Only Hallmark Cards and Turkey Farmers would really object)

Originally Published on: Nov 25, 2011 @ 0:59

In the August 1942 Paramount movie, “Holiday Inn”, Bing Crosby’s character Jim is at his absolute low point of the year at Thanksgiving.  I completely concur.  Not even Irving Berlin could write a memorable song about this holiday, and now that I think about it, I know of no Thanksgiving songs at all—I suppose no one can really sing when stuffed to the gills with Turkey.  Eucharistic hymns of Thanksgiving in Church, to be sure, are songs of Thanksgiving, but not AMERICAN (United States Holiday) Thanksgiving.

As it happens, in 1942, Thanksgiving had just been set by Franklin D. Roosevelt on its modern date by proclamation signed on November 26, 1941, a little over a week before Pearl Harbor (the attack on which Roosevelt may well have been planning and of whose imminent occurrence evidence now shows, at the very least, Roosevelt to have been perfectly well informed and aware).

So THIS YEAR 2o12 is the 71st Anniversary of the “New Deal” Thanksgiving, and I think it’s high time to wipe this wretched artificial off the Calendar entirely.  The general concept of Thanksgiving may go back to George Washington, the Continental Congress, and the Pilgrims in 1621 some historically esoteric and metaphysical senses, but the Pilgrim association itself is one of English treachery.  How few Americans on Thanksgiving Day recall King Philip’s (the Wampanoag Grand Sachem Metacom’s) War of 1675-1676) and the resulting Genocide of the Wampanoag Tribe celebrated in that First Fabled William Bradford Thanksgiving in 1621. The Wampanoag was the Nation of Squanto and Massasoit who did so much to facilitate English Colonization “New England.”  All other subsequent associations, and the very timing of the holiday, are an insult to deeper values, including not just 500 years of Native American subjugation and genocide but the subjugation and (near) genocide of the American South, and the progressive secularization of the United States from a Christian into a purely materialist and grotesquely indulgent and commercial nation, culture, and society.

It had been not until 1863, four days after the Gettysburg Address, when President Abraham Lincoln declared Thanksgiving to fall on the last Thursday of November, that the modern holiday was celebrated “nationally” (meaning, of course, in the Northern States).  With a few deviations, Lincoln’s precedent was followed annually by every subsequent president–until 1939. In 1939, Franklin D. Roosevelt departed from tradition by declaring November 23, the next to last Thursday that year, as Thanksgiving Day. Considerable controversy surrounded this deviation, and some Americans refused to honor Roosevelt’s declaration. For the next two years, Roosevelt repeated the unpopular proclamation, but on November 26, 1941, he admitted his mistake and signed a bill into law officially making the fourth Thursday in November the national holiday of Thanksgiving Day.  Supposedly, Roosevelt had considered making Thanksgiving earlier in November but this was “booed down.”

Once it’s all over, and the sales of Alka-Selzer and Gaviscon at the all-night pharmacies have gone sky high, and are guaranteed to remain there during the consumption of leftovers for the next week: someone else needs to second the motion and go on record as saying that of all our American Holidays, Thanksgiving is the absolute worst. Thanksgiving not only epitomizes but stands as a worldwide symbol of corruption, oppression, gluttonous commercialism, materialist secularism, arrogant conquest, and a general depravity of state of mind.  ”Thanksgiving” as celebrated in this Country obscures our heritage and confuses our history, celebrates the absolute worst in the human soul, and was created in relationship and in lock-step with two key wars leading to the abolition of freedom and the constitution, and the coincidental economic centralization and falsification which took place during those wars, namely the War Between the States and World War II.  

Thanksgiving isn’t so bad for me.  I have a wonderful dinner with a wonderfully energetic young blonde overlooking the Pacific planned in Santa Monica, and next week I go to Hawaii.  

But I wonder what Thanksgiving is like this year for those several million Americans who were either  recently or earlier this year, or even last year, evicted from their homes.  I wonder how Thanksgiving is like this year for the millions more among those who are facing foreclosure and eviction who have no hope, no certainty that they will still be in their homes next year.  

It is time to get back to that “Old Time Religion” of Truth and Honesty and Virtue—and the Fourth Thursday of November Thanksgiving we have celebrated since 1941, or 1863, depending on which starting date you want to call “the beginning” is nothing but an accursed day of the Calendar.

Proclaimed and first set as a National Holiday by President Abraham Lincoln only fours days after the elegant but totally fraudulent, duplicitous rhetoric of the “Gettysburg Address”, meant to disguise his true Marxist purposes in going to war with the “better half” of the nation for the primary benefit of a few industrial oligarchs up north, and for the ultimate purpose of subverting the original American Constitution, Thanksgiving has become a source of degradation to three sets of “Native Americans”: those descended from the First Inhabitants of these Western Hemisphere Continents we call North and South America (aka “The Indians”) and those who fought to preserve the Constitution of 1787 against usurpation in 1861-65, and to all Traditional Christians who would celebrate Adventide as a proper time of fasting.  

I wonder how many people (black or white) in Richmond, Charleston, Columbia, Atlanta, Memphis, Natchez, Vicksburg, or Savannah were stuffed to the gills after great feasts on the final Thursday in November 1865-1875?  I wonder how many Americans (northern or southern) felt Thankful to live in America in November of 1876, when the sitting President, Ulysses S. Grant, had announced that the man who received the majority of the popular and electoral vote, Governor Samuel J. Tilden of New York, would never be allowed to enter the White House without a renewal of open warfare between the States.  

That same year, 1876, I wonder how many Sioux Lakota, Northern Cheyenne, and Arapaho warriors knew by late November 1876 that their victory over Presidential Aspirant George Armstrong Custer at Little Bighorn, June 24-25, 1876, had been turned into a rallying cry for the Republicans who needed a major distraction from the misery of post-”Civil War” Reconstruction America, and turned Sitting Bull and Crazy Horse into the scapegoats or major distraction for their own tyranny and failures back east.   Never did any victory have more devastating consequences for any race of people than the Battle of the Little Bighorn had for the Native Americans.  The remnant of that same coalition that defeated Custer was effectively wiped out within 15 years.  And what did November 1891, the first Thanksgiving after the Massacre at Wounded Knee, feel like in the Sioux Reservation in South Dakota, where the relatives of the murdered Sitting Bull and the descendants of Crazy horse were being either forcibly educated or trained for Buffalo Bill’s Wild West Show?  

To my grandparents growing up in Louisiana and Texas, there was no “Thanksgiving” in the early 20th Century because it was the enemy’s holiday.   The current setting of the Federal Holiday of Thanksgiving was not set until 1941—just as certain “insiders” in the government may have been planning for the Japanese attack on Pearl Harbor to force the United States into World War II.  

After eight years of the New Deal, in 1941, the Country was being reshaped, and Thanksgiving was part of its reshaping.  Thanksgiving chronically conflicts with and distracts from the beginning of Advent (almost always the final Sunday of November) and from St. Andrew’s Day, November 30—Saint Andrew being not only one of the 12 Apostles but the Patron Saint of Scotland, Greece, (the ancient “Second Rome” known as) Constantinople, Russia, and Romania among other places—and the Cross of Saint Andrew being the central element of the flags of Alabama, Florida, and the Confederate States of America.  

What’s worse than anything about Thanksgiving is the day after, “Black Friday”, the Macy’s day parade and the gunshot “sooner” start of the race to maximize the secularization and commercialism of the pre-Christmas Season.  Thanksgiving has become part of the Federal Government’s conspiracy to abolish religion in America; the Federal Holiday is thoroughly despicable as an attack and infringement St. Andrew’s Day and Adventide and so on the Christmas Season, the Scottish and Greek Heritage of Western Civilization, and the real meaning of all of these things.

To traditional Christians all over the world, the Season of Advent is a “Little Lent” as my mother called it—the second longest “purple time” at Church in the entire year.  How many people remember to buy Advent Calendars or to keep the solemnity of Mary’s time before giving birth?  No, the grotesque overeating of Thanksgiving followed by the mad orgiastic commercial rush to shop for Christmas presents is a creature of the past 70 years only, fed by Television and contributing to the general secularization of America.  It is a very sad thing.   To my mind, Thanksgiving as celebrated in the United States of America is an insult and a curse to all that is holy, whether one is a Native American of “First American” origins… a Native American of “Southern Anglo” origins, or a Christian with origins anywhere in the world.  Luckily, the personality of “Scrooge” will forever be associated with Christmas, but I say “BAH HUMBUG!” to Thanksgiving.  It is time to do away with Thanksgiving as invented by the 16th and 32nd Presidents (did you ever notice that the 32nd President was Twice as bad as the 16th, but continued all the same basis processes and policies?)???  

Obama, if legitimately he belongs in the “King List” at all, is the 44th President, but maybe by the time of the 48th President *(3 x 16), there will be a recovery in America, a REAL and GENUINE “NEW BIRTH OF FREEDOM” which will truthfully realize the promise of the RHETORIC of the Gettysburg Address by wiping out the centralized banks, income tax, and other institutional baggage of the 16th and restoring the Constitution of 1787, and the Bill of Rights.

Much like the Gettysburg Address, the 13th, 14th, and 15th Amendments contain only noble sentiments, but have been misused and wrongly applied to destroy rather than guarantee Freedom and Equality.  I have often commented that the greatest irony of all is that the modern “Prison Planet” state of existence in America owes its origins to the 13th Amendment, wherein “slavery and involuntary servitude” are abolished “except as a punishment for crime.”  They started building prisons during the war of 1861-1865, and the “criminal justice industry” has been growing by leaps and bounds ever since.  I say to the American People: “let’s tear down the prison walls.”  

But even worse than the perversion of the 13th Amendment and most pernicious of all of these perversions is the use that has been made of the 14th Amendment: turn the quest for equality of a perpetual war of all against all in the United States, guaranteeing that equality will only ever be achieved once we are all perfectly enslaved……  

This is one of those points where I think the “right” meets the “left”—Thanksgiving is a testimonial to the corruption of all that is good.  I want to thank Dr. John Hoopes of the Department of Anthropology at the University of Kansas (“ku.edu”) a co-author of papers on the Early Classic Period in the Maya Lowlands from our Harvard Graduate Seminar Days with Gordon R. Willey for pointing out to me how close my position is to that of the “AdBusters” group which sponsored “Occupy Wall-Street” (which I confess I have mostly just been ignoring).   They call it “Buy Nothing Day” and it’s been going on for 20 years (originally organized in Mexico City and Vancouver, two of my favorite places):

http://www.adbusters.org/campaigns/bnd

The Thanksgiving of 2009, after I had just lost my two primary residences, homes in Texas and California, within several months of each other, I spent in a seaside suite in San Clemente overlooking the Pacific with my son Charlie and my assistant Peyton.  But not everyone has that kind of luck in life.  I am Thankful to say this and every day that I have led something of a charmed life.  And for that reason, and because it is customary, I always wish everyone a Happy Thanksgiving.  But “enough is enough”.  This custom has got to stop.    Thanksgiving is like a gigantic perversion of the Calendar year, a gigantic dead skunk in the road of life every year in the same place—it is way too late in the year to be a Harvest Celebration except in places like Southern Florida and Southern Texas where winter crops can be planted and harvested.  

I personally live to fight for “corny old values” like Truth, Justice, and the American Way, for Family, Home, and Freedom, and to add one Senator for the Bill of Rights and against Indefinite Detention, against the PATRIOT ACT, and against the use of United States Troops in this Country against its own citizens.  

I give Thanks for the Beauty of the Earth, for the Splendor of the Skies, and for the Love which from our Birth, over and around us lies.  

But I do not give thanks for the election, re-election or even the existence of Barack Hussein Obama or the 93 Senators who voted for the NDAA this time last year—almost all of them (of those up for re-election) were reelected, including California’s own despicable hypocrite Dianne Feinstein, and there are some new Senators who would surely vote the same easy “pro-administration” way.

I do not give thanks that we live in a corporate-communist country where the boundary between corporate entities and the government is blurred beyond recognition in the unconstitutional “phony money” Federal Reserve Credit-Note economy.

Feed The Birds… More Nostalgia for the Early 1960s

Feed The Birds….

Last summer I commented after seeing Wes Anderson’s Moonrise Kingdom about what a watershed year was 1965 for the death of innocence and the death of traditional America.   Mary Poppins was about as innocent and pure a story as anything could be, as was Julie Andrews’ portrayal of the fabled Nanny.   The reality of the world was that it had already changed, of course—I was living in London and had an Indian-born Nanny, for example, whose legacy to me was a lifelong fondness for curry.   But in that day and age it was socially acceptable to be Christian, and to think of St. Paul’s Cathedral building during the Restoration (Charles II) as the center of the city and invoke the concept of the living Saints and Apostles looking down on the people.  Even my Indian Nanny was fine with all that.  She was probably more of an Anglophile than half the members of the BNP are today, as well as a Church of England communicant.  Of course, what’s amazing is that even the Beetles and Ed Sullivan Show seem astoundingly traditional and innocent by comparison with the modern world.   Pop culture was trying to reaffirm our Anglo-European heritage back then, not destroy it.  Now the media are trying to convince us that everyone who lived back then was psycho….

“American Horror Story, Asylum” is a new television series decidedly dedicated to the notion that the America of the 1950s and 1960s was a dangerous, psychotic place dominated by evil religious nuts and Nazi escapees……

A New Red Dawn Over America—Obamacare & the Police Power in Arizona are Upheld—the Constitution again ruled DOA at the Supreme Court (full text of the Supreme Court’s Worst Two Decisions of the Week attached)

Chief Justice John Roberts is rapidly becoming my least favorite U.S. Supreme Court Justice in history.  First, in 2007, the debut innovation of “the Roberts Court” was Bell Atlantic v. Twombly, then a followup kick in the face of freedom under the name of Ashcroft v. Iqbal and now this week (on Monday, June 25, 2012) Arizona v. United States (Arizona v US) and, today Thursday, June 28, 2012, yet another day that will live in infamy: NATIONAL FEDERATION OF INDEPENDENT BUSINESS et al. v. KAREN SEBELIUS, SECRETARY OF HEALTH & HUMAN SERVICES (NATIONAL FEDERATION OF INDEPENDENT BUSINESS et al v SEBELIUS SECRETARY OF HEALTH).

It’s been a really bad week for the Constitution and for the American people, and a very good day for  Obama’s flourishing Dictatorship of the Proletariat.  Oh yes, and what a nice present for Hillary Clinton as she celebrates lasting longer as U.S. Secretary of State than any other of the 96 individuals to hold that office—and we were all sure she was just a joke back in the early 1990s when she was pushing a National Health Care System which looked an awful lot like what we’ve got now with Obamacare.

First with regard to Arizona v. US: The expansion of the American Police State seems never-ending, as the late great Strom Thurmond’s States-Rights Democratic Party Platform very accurately predicted in 1948.   The great triumph of the Civil Rights Movement in the United States over the past 64 years is quite simply this: all oppressive acts of government, so long as they are applied equally to White people as well as Blacks, Hispanics, Asians, and all others without Racial, and only with Economic and Political, Prejudice, will be upheld.  But try asserting any constitutional right other than your right to be on an equal footing with all other slaves, and man YOU ARE DEAD MEAT!!!!  States Rights got a minor boost last year when an individual right to sue under the Tenth Amendment was recognized, but this year the 162 year trend towards the complete suppression of State Sovereignty marches forward unabated….

The main issue regarding Arizona’s immigration statutes was whether the individual states of the Union have any right to make more restrictive laws regarding residence and citizenship than the United States as a whole.  Under the expressly anti-States’ Rights 14th Amendment, the Supreme Court said NO.  But, if the Arizona police want to go around harassing people on the highways, they are free to do so, so long as they are willing to say they suspect that every blonde-haired & blue-eyed caucasian must have recently entered illegally from Sweden or Norway perhaps….  The Supreme Court, these days, never seems to miss an opportunity to enhance the power of the police to oppress the population at large.

With regard to the “Obamacare” case, I can only say I’m NOT even as surprised by this result as I was not by the result in the Arizona immigration opinion.  Ever since Franklin D. Roosevelt gave up his plan to “pack” the Supreme Court, there is no infringement on the economic liberty and personal choices of the American people which the Supreme Court finds too trivial to be worthy of Federal Enforcement.  The only comment-worthy deviation from predictions was that Chief Justice John Roberts in this case came up with the novel notion that the U.S. government can tax anything and anyone it wants to for any reason, including non-compliance with a mandatory insurance purchase requirement, and that this punitive tax or purchase choice makes it all “OK.”

Of all the commentary and punditry that came out on Thursday after the decision, two of the most “spot on” that I saw were first) the article describing John Roberts’ “Liberal Apotheosis”:

After Thursday’s Obamacare ruling, Supreme Court Justice John Roberts became a minor deity to some liberals for voting to save Obamacare. But just days before Roberts’ apotheosis, liberals lamented that the “conservative” Supreme Court was taking America down a dangerous path.  (http://news.yahoo.com/obamacare-ruling-liberal-apotheosis-john-roberts-035207618.html)

The “Liberal Apotheosis” of John Roberts?  ”Apotheosis” of course, means transformation into a god—and what did the pagan gods of Olympia or Pharaonic Egypt do?  Exactly what any god can do:  A “god” can work Miracles,  first Make and then Bend the all Rules, Change the Natural Order of Things….   I suppose my own religious notions, such as they are, posit an unchanging God defined by the phrase from the old BCP: “as it was in the beginning, it is now and ever shall be, world without end amen” which seems curiously absent from most Episcopal services these days.   I equate God with Nature, and while I believe rather fervently in Evolution, I believe Evolution operates according to certain utterly unchanging rules, such as the laws of thermodynamics, which even the discovery of man’s ability intentionally to split or fuse atoms could never quite change.

And yet the Godlike role of the Supreme Court in making and bending rules seems more than a bit undemocratic.   So that is the second part of the analysis we need to perform today: Was Roberts’ decision to side with Obamacare entirely a matter of political strategy?

 The American Concept of Constitutional Judicial Review predates Chief Justice John Marshall. The Supreme Court’s decision Chisholm v. Georgia 2 U.S. 412 (February 1, 1793)(Chisholm v Georgia, 2 U.S. 419, February 1 1793triggered the (I would now say very unfortunate) move to enact the 11th Amendment during the First Term of the Presidency of George Washington.  But Chief Justice Marshall’s notions of judicial review shaped the Court, much to his cousin Thomas Jefferson’s dismay and disgust.   I recall hearing the story of Marbury v. Madison and judicial review in my Freshman year at Tulane, from Professor Jean Danielson in Political Science H103, where I met my long-time college years best friend John K. Naland, now a long-time veteran of the U.S. State Department.  Professor Danielson explained the political genius of Marbury v. Madison was that it empowered the Court while respecting the political boundaries of the time.  Chief Justice Marshall knew that, as President Adams’ last major appointee, any decision made in favor of the appointment of Adams’ minor “midnight judges” including William Marbury would simply be ignored by the new Democratic-Republican administration of Jefferson (with James Madison as secretary of state and the defendant in the case) as an act of political partisanship on the part of a Federalist appointee favoring Federalist appointees.  On the other hand, to uphold Secretary of State Madison’s power to refuse to honor the appointments made by President Adams would seem like craven capitulation without legal or moral integrity.  So, in a result which no one ever anticipated, Chief Justice John Marshall carefully reasoned and soundly declared the statute authorizing the appointment of Magistrates in the District of Columbia to be an unconstitutional act in excess of Congress’ power under the Constitution—and the role of the U.S. Supreme Court as Constitutional arbiter of the United States was established forever—or, at least, for a long time.

That particular “long time” ended in 1936, which, as a another commentator/pundit on the Obamacare decision pointed out, was the last time in history that the United States Supreme Court overturned a major piece of Congressional legislation as Unconstitutional.    Franklin Delano Roosevelt’s first term as President was unlike anything the United States had ever since, including George Washington’s First Term.   In Washington’s First Term, the constant debate in Congress was whether the Federal Government had power under the Constitution to do much of anything at all.  The spirit was decidedly “conservative” in the sense of cautious, even as a new nation conceived in liberty and dedicated to the proposition that all men are created equal was being launched as a more formally organized “corporate” type of enterprise (the Articles of Confederation were much more analogous to a “partnership” among the States—with each partner having a nearly full veto power).

During FDR’s First Term, there were also many in Congress who asked whether the Federal Government had the power to do a great many of the things the New Deal proposed to do, from the NRA to the TVA (National Recovery Administration to the Tennessee Valley Authority).  But from 1933-1937, such questions were not asked in a cautious or even skeptical voice regarding what Congress and the Federal government could legitimately do, but in the desperate and panicked voice of people who saw and feared “you are taking our lives, our fortunes, our sacred honor” from us.  Those people sought recourse against the reckless usurpation of Federal Power in the Supreme Court, and in the years 1933-1937, the Supreme Court struck down 29 Congressionally passed statutes signed by the President as part of the New Deal.

Roosevelt’s first hundred days and all that followed provoked an unprecedented clash between the Supreme Court Justices and the “New Deal” alliance of the legislative and executive branches. At Roosevelt’s instigation, Congress in the 1930s enacted a series of laws ostensibly, supposed, aimed at ending the Great Depression and restoring the nation’s economic well-being, but in fact aimed at shoring up the American Elite, especially the Banking system, from the threat of a Communist and/or Fascist revolution analogous to those taking place in Europe at the same time.  Of eight major “program” statutes to come before the Court, only two were upheld. Laws that were struck down included the Agricultural Adjustment Act of 1933, the National Industrial Recovery Act of 1933, and the Bituminous Coal Conservation Act of 1935.  The Court came under heavy fire for its decisions, and Roosevelt proposed a controversial plan to increase the size of the Court, presumably to ensure a majority sympathetic to the New Deal.

Shortly after the plan was proposed, the Court defused the issue by upholding a series of revised New Deal laws.  Dominated by economic conservatives, to which group even late 19th/early 20th Century “Progressives” such as Oliver Wendell Holmes were (by comparison, anyhow) the Court threw out numerous laws Congress enacted to protect workers and consumers. The conflicts peaked in 1936. The Court threw out twenty-nine laws during that period, but the last of these was in 1936, when when the court invalidated a federal law that limited work hours and prescribed minimum wages for coal workers.

Everything changed in 1937 when, FDR Proposed the Judicial Procedures Reform Bill of 1937 on March 9 of that year in one of his legendary “Fireside chats” whereby he jumped over the Congress and all Constitutional Separation of Powers and asked the American people directly to endorse and support his programs.  The public reaction was overwhelmingly negative, almost the first time the 33rd President had seen any of his initiatives draw such opposition.  But the Justices of the Supreme Court saw the writing on the wall—mene, mene, tekel upharsin—and when faced with the two major cases challenging Social Security (the ultimate authority and most direct antecedent for Obamacare), the Supreme Court ruled in favor of the most massive fraud ever perpetrated on the American people—the law creating a “Social Security Trust Fund” with the bribed cooperation of the States—into which Social Security Trust Fund not one dime of real money (certainly not one dime of the 14 Trillion dollars paid since 1937 in Social Security Taxes) has ever been paid.

Helvering v. Davis (05-27-1937 Helvering v Davis 301 US 619 57 SCt 904 Jusice Cardozo endorses the SS Trust Fund Fraud) and Steward Machine Company v. Davis (Charles C Steward Mach Co v Davis) thus effectively marked the end of the Supreme Court as an independent branch of government.  The new mantra was not “that government is best which governs least” but instead, “The concept of the general welfare is not a static one”…. “Needs that were narrow or parochial a century ago may be interwoven in our day with the well-being of the nation. What is critical or urgent changes with the times.”   (Helvering v. Davis, 301 U.S. 619, 641, 57 S.Ct. 904, 909, 81 L.Ed. 1307, 1315 [1937])

From that time forward Courts held that there appeared to be only four (all extra-constitutional) prerequisites to a finding that a spending clause measure and condition attached to it are valid: (1) The federal power is used for a legitimate national purpose, i.e., promotion of the general welfare (Charles C. Steward Machine Co. v. Davis, 301 U.S. 548 at pp. 585–590, 57 S.Ct. at pp. 890–92 [1937], 81 L.Ed. at pp. 1290–1293); (2) the condition is related to a legitimate national goal (Charles C. Steward Machine Co. v. Davis, supra, at pp. 590–591, 57 S.Ct. at pp. 892–93, 81 L.Ed. at pp. 1292–1293; See also Note, Federal Grants and the Tenth Amendment: ‘Things As They Are’ and Fiscal Federalism (1981) 50 Fordham L.Rev. 130, 140–141); (3) the condition is related to the purpose of the federal funds whose receipt is conditioned (FCC v. League of Women Voters (1984) 468 U.S. 364, 104 S.Ct. 3106, 3132, 82 L.Ed.2d 278, 309 (Rehnquist, J. dissenting); State of Okl. v. Schweiker, 655 F.2d at pp. 407, 411); and (4) the condition is unambiguous (Pennhurst State School v. Halderman,  451 U.S. at p. 17, 101 S.Ct. at pp. 1539–40 [January 23, 1984])(Pennhurst State School And Hosp v Halderman).
It was in the spirit of such a “living constitution” that Chief Justice John Roberts allied himself with the enemies of limited government on June 28, 2012.  And it is in that sense, much like the Supreme Court in 1937, ruling in Roosevelt’s favor in both of the Social Security Cases, Helvering and Charles Steward above, that Chief Justice John Roberts “saved the Supreme Court” (http://news.yahoo.com/blogs/power-players-abc-news/did-chief-justice-roberts-save-supreme-court-103301790.html).  More likely, Chief Justice John Roberts just danced on Chief Justice John Marshall’s grave and said, “You think that failure to follow the Constitution is Judicial Treason?  Well, let’s see what you’re going to do about it now.”  According to that same article, Chief Justice Roberts had told the Senate at his confirmation hearings:
“Judges are like umpires. Umpires don’t make the rules; they apply them,” said Roberts at the time. “The role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ballgame to see the umpire.”

Now, strangely enough, Chief Justice John Marshall wrote a very different kind of opinion in 1820:

The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty.  Cohens v State of Virginia, 19 U.S. 264, 5 L.Ed. 257, 6 Wheaton 264 (March 3, 1820)

There is a great deal of confusion among the commentators and pundits, I think, about what “Judicial activism” really means.  I would NOT call Chief Justice John Marshall a Judicial Activist—although, indeed, he advocated throughout his 35 years on the bench a considerably more positive role for the Court in preserving the Constitution than Chief Justice John Roberts has shown to date.  ”Judicial Activism” does not mean “striking down unconstitutional laws”—”Judicial Activism” as a term should be reserved for reshaping or restructuring the laws in the absence of Congressional Authority to do so.  The “Warren Court” from 1953-1971 was the epitome of “judicial activism”—the Supreme Court during those two decades effectively rewrote the laws of the United States and told CONGRESS and the STATES what to do, rather than vice-versa.

In the case of Obamacare, Chief Justice John Roberts acts his role as an umpire very poorly.  He has seen the foul, called it (under the commerce clause) and “covered it up” under the guise of the taxing power, which (in reality) is even less constitutionally justified than the commerce clause rationale (which at least has the past 75 years of tradition—however illegitimate, behind it).

And so was the U.S. Constitution rewritten in 1937 to allow for first the “relatively” modest program of Social Security and now, 75 years later—on the occasion of the 75th Annual Hunger Games (cf. Suzanne Collins, Catching Fire [2009] and Mockingjay [2010], both New York: Scholastic Press)—Obamacare comes forward to cap the fraud by, in Chief Justice John Roberts’ view—a non-coercive, mere “Tax” on those who do not buy governmentally mandated insurance… and of course, jail for those who do not pay their taxes.

SO WHAT IS THE SHORT-TERM SOLUTION?  NULLIFY OBAMACARE!  I should say that, without any hesitation whatsoever, I absolutely endorse and support the Tenth Amendment Center’s position on Obamacare (this Los Angeles based think tank is just one of the brightest stars on the Political Horizon—of our New Red Dawn):

Now that the Supremes have crushed Constitutional limits once again, the next step is to focus all our energy on a state and local level to NULLIFY this – and every other – unconstitutional act.
We have model legislation for yor state.  Ready to go right now.  Press your state reps to introduce this bill today, or for the next legislative session.
http://tenthamendmentcenter.com/legislation/federal-health-care-nullification-act/
Please SHARE this information widely!
*******
We need your help to continue this work, and help people take the next step at the state level.  Please join us, and help nullification happen!  Whether it’s $500 or $5, every bit of help right now is crucial!
Please visit this link to help now:
http://tenthamendmentcenter.com/donate/
*******
Thomas Jefferson told us that when the government “assumes undelegated powers” a nullification is THE “rightful remedy”
James Madison said that states were “duty bound to interpose….to arrest the progress of evil”
Today’s ruling is an assumption of undelegated powers, and evil is advancing.  The time to act in support of nullification in your area is NOW!  Please share the model legislation for Obamacare with as many people as possible, and please chip in as generously as possible to help us push this campaign aggressively.
While the task is difficult, our cause is just.
Concordia res parvae crescunt,
(small thing grow great by concord)
Michael Bolding
Tenth Amendment Center
==================================================
Our mailing address is:
Tenth Amendment Center
123 S. Figueroa St
Suite 1614
Los Angeles, CA 90012
Our telephone:
213.935.0553

AND WHAT DO I DO AS I WATCH ALL THIS TRANSPIRE?

I sigh.  I cry.  And sometimes I just want to lie down and die.  This is not the land of my birth, even though on the map it generally looks like it should be the same country as it was in 1960.

The transformation over the past fifty two years is simply horrific.  52 years was a key cycle of time among the Aztec, Maya, Mixtec, Tarascans & Zapotec in ancient Mesoamerica, and I can only say that I feel a certain sympathy for how an Aztec born in 1518 might have felt looking at the wreckage of his once proud nation in 1570 after 52 years of Spanish conquest, rape and pillage.  Like an Aztec born in the last year before the arrival of the Spanish, I have grown up and come to age watching my own people (the American Middle Class, especially Protestants of European descent) reduced to second class status, my people’s most attractive and beautiful women taken as prizes by the conquerors, my nation’s heritage and values denigrated, suppressed and taught in the schools as nothing but “heresy” from the New World Order.

I do speak Spanish fairly well and have spent many of the happier moments in my life in Mexico and elsewhere in the Hispanic World, from Bogotá to Barcelona, and I keep in touch with many friends and acquaintances of a Constitutional mindset from those parts of the world.  When they ask me what I consider to be the greatest single constitutional development under the Presidency of Barack Hussein Obama, I tell them without hesitation: N.A.D.A.  (aka Senate Bill 1867, you know, the statute that effectively repealed the Fourth, Fifth, and Sixth Amendments that passed the Senate 93-7 last December).

Gary Kreep, ally of Philip J. Berg, Enemy of Orly Taitz, elected to California Superior Court in San Diego—this will be interesting to watch, and see what HE does with mortgage foreclosures, among other major issues….

OFFICIAL THIS WEEK: Gary Kreep Wins Judicial Election in San Diego—ORLY TAITZ WAS OBSESSED WITH FIGHTING KREEP AND PHILIP J. BERG—SHE HAD NO WISH TO FORM ANY ALLIANCE, only to destroy those alliances that already existed against Obama—and she managed to keep the article Ii eligibility movement very fragmented….for shame on orly!

Gary Kreep and Presidential Candidates / Birther Litigants John Dummett and Ed Noonan
Attorney Gary KreepJohn Dummett & Ed Noonan

Lawyer Gary Kreep, arguably famous (or infamous) for representing Wiley Drake and one or two other clients, claiming to represent Alan Keyes and fighting with Orly about who REALLY represented Alan Keyes (Orly did) in a lawsuit seeking to annul Barack Obama’s 2008 Presidential victory, has won the judicial primary election in San Diego, California. The final 4,000 votes have not been counted, but Kreep has enough of a lead that it is statistically unlikely that his opponent can win. Kreep has a 1,000 vote margin over Garland Peed and will be the next Superior Court Judge in San Diego County.

SUPERIOR COURT – Office No. 34 [link]
GARY GEORGE KREEP 201238 50.14%
GARLAND PEED 200150 49.86%
 Precincts: 1643
Counted: 1643
Percentage: 100.0%

Last updated on: 06-15-12 at: 16:08:28
Source: http://www.sdcounty.ca.gov

Gary Kreep represents Ed Noonan in his case challenging Obama’s place on the California ballot in the 2012 Presidential election. [link]

Previously: Gary Kreep Leading Judicial Election in San Diego

A Step towards Emancipation from Lies—My Favorite Juneteenth Reading for 2012 is all about 9-11-2001 (from Salon.com)

http://www.salon.com/2012/06/19/new_nsa_docs_reveal_911_truths/singleton/

Remember, remember, Eleven September—the “Terrorist” Treason and Plot….

TUESDAY, JUN 19, 2012 01:24 PM PDT

New NSA docs contradict 9/11 claims “I don’t think the Bush administration would want to see these released,” an expert tells Salon

BY 

New NSA docs contradict 9/11 claims(Credit: Reuters)

Over 120 CIA documents concerning 9/11, Osama bin Laden and counterterrorism were published today for the first time, having been newly declassified and released to the National Security Archive. The documents were released after the NSA pored through the footnotes of the 9/11 Commission and sent Freedom of Information Act requests.

The material contains much new information about the hunt before and after 9/11 for bin Laden, the development of the drone campaign in AfPak, and al-Qaida’s relationship with America’s ally, Pakistan. Perhaps most damning are the documents showing that the CIA had bin Laden in its cross hairs a full year before 9/11 — but didn’t get the funding from the Bush administration White House to take him out or even continue monitoring him. The CIA materials directly contradict the many claims of Bush officials that it was aggressively pursuing al-Qaida prior to 9/11, and that nobody could have predicted the attacks. “I don’t think the Bush administration would want to see these released, because they paint a picture of the CIA knowing something would happen before 9/11, but they didn’t get the institutional support they needed,” says Barbara Elias-Sanborn, the NSA fellow who edited the materials.

Let’s start there. In 2000 and 2001, the CIA began using Predator Unmanned Aerial Vehicles in Afghanistan. “The idea of using UAVs originated in April 2000 as a result of a request from the NSC’s Coordinator for Counterterrorism to the CIA and the Department of Defense to come up with new ideas to go after the terrorists in Afghanistan,” a 2004 document summarizes. The Pentagon approved the plan for surveillance purposes.

And yet, simultaneously, the CIA declared that budget concerns were forcing it to move its Counterterrorism Center/Osama bin Laden Unit from an “offensive” to a “defensive” posture. For the CIA, that meant trying to get Afghan tribal leaders and the Northern Alliance to kill or capture bin Laden, Elias-Sanborn says. “It was forced to be less of a kinetic operation,” she says. “It had to be only for surveillance, which was not what they considered an offensive posture.”

“Budget concerns … CT [counterterrorism] supplemental still at NSC-OMB [National Security Council – Office of Management and Budget] level,” an April 2000 document reads. “Need forward movement on supplemental soonest due to expected early recess due to conventions, campaigning and elections.” In addition, the Air Force told the CIA that if it lost a drone, the CIA would have to pay for it, which made the agency more reluctant to use the technology.

Still, the drone program began in September 2000. One drone swiftly twice observed an individual “most likely to have been Bin Laden.” But since the CIA only had permission to use the drones for intelligence gathering, it had no way to act on its findings. The agency submitted a proposal to the National Security Council staff in December 2000 that would have significantly expanded the program. “It was too late for the departing Clinton Administration to take action on this strategic request,” however. It wasn’t too late for the Bush administration, though. It just never did.

Former National Security Advisor Condoleezza Rice has taken credit for the drone program that the Bush administration ignored. “Things like working to get an armed Predator that actually turned out to be extraordinarily important, working to get a strategy that would allow us to get better cooperation from Pakistan and from the Central Asians,” she said in 2006. “We were not left a comprehensive strategy to fight al-Qaida.” Rice claimed that the Bush administration continued the Clinton administration’s counterterrorism policies, a claim the documents disprove. “If the administration wanted to get it done, I’m sure they could have gotten it done,” says Elias-Sanborn.

Many of the documents publicize for the first time what was first made clear in the 9/11 Commission: The White House received a truly remarkable amount of warnings that al-Qaida was trying to attack the United States. From June to September 2001, a full seven CIA Senior Intelligence Briefs detailed that attacks were imminent, an incredible amount of information from one intelligence agency. One from June called “Bin-Ladin and Associates Making Near-Term Threats” writes that “[redacted] expects Usama Bin Laden to launch multiple attacks over the coming days.” The famous August brief called “Bin Ladin Determined to Strike the US” is included. “Al-Qai’da members, including some US citizens, have resided in or travelled to the US for years, and the group apparently maintains a support structure here,” it says. During the entire month of August, President Bush was on vacation at his ranch in Texas — which tied with one of Richard Nixon’s as the longest vacation ever taken by a president. CIA Director George Tenet has said he didn’t speak to Bush once that month, describing the president as being “on leave.” Bush did not hold a Principals’ meeting on terrorism until September 4, 2001, having downgraded the meetings to a deputies’ meeting, which then-counterterrorism czar Richard Clarke has repeatedly said slowed down anti-Bin Laden efforts “enormously, by months.”

For all the information the documents reveal, one huge matter is conspicuously absent: torture. There are nearly 50 CIA documents relating to such matters as the interrogation of 9/11 mastermind Khalid Sheikh Mohammed and the intelligence gleaned from him, and yet “none of them were declassified at all,” notes Elias-Sanborn. “Certainly, the CIA has a stake in revealing what they did,” and they clearly do not want to reveal their complicity in war crimes.

One last thing is worth mentioning from the documents published today:  Anyone with any doubt that the Israeli-Palestinian conflict is dangerous to the United States is contradicting U.S. intelligence. “Violence between Israelis and the Palestinians, moreover is making Sunni extremists more willing to participate in attacks against US or Israeli interests,” the CIA wrote in February 2001. It is not the only piece of information revealed by the new documents that will be deeply uncomfortable for the Bush administration and hawks across the country.

Jordan Michael Smith writes about U.S. foreign policy for Salon. He has written for the New York Times, Boston Globe and Washington Post.

Comments

  • Yg Bluig
  • TUESDAY, JUN 19, 2012 01:52 PM PDT

“Perhaps most damning are the documents showing that the CIA had Bin Laden in its crosshairs a full year before 9/11 — but didn’t get the funding from the Bush administration White House to take him out or even continue monitoring him. “

But Bush was not in the White House “a full year” before 9/11. He took office in January 2001. On Sept. 11, 2011, he hadn’t yet stolen the election.Yg Bluig

  • TUESDAY, JUN 19, 2012 01:53 PM PDT

I meant ‘on sept. 11, 2000.”

The article doesn’t say that the Bush administration blocked funding for a year, just that the CIA knew OBL’s whereabouts for a year. The implication is that the Bushies did nothing about that information after Bush took office.tanmack

  • WEDNESDAY, JUN 20, 2012 12:57 PM PDT

I recall Condoleeza Rice trying to explain to a Congressional hearing why the Bush Administration had disregarded the memo entitled “Bin Laden to Strike the U.S. with Planes.” I can’t for the life of me remember her response.

A few weeks ago, I rewatched the film Path to 9/11 that covered much of this ground, including CIA frustration that they could not get approval to shoot bin Laden. It also showed Richard Clarke being sidelined after he begged Rice to take bin Laden intel seriously.

I guess this is why the administration approved giving money to the 9/11 victims (rather than face being sued by thousands of families) although the Oklahoma victims received no compensation for their losses.ChillyDogg

  • TUESDAY, JUN 19, 2012 03:21 PM PDT

The CIA spent 70 billion in 2001 yet they couldn’t find a few million to monitor Bin Laden? I have a bridge to sell you.

  • sajwan
  • TUESDAY, JUN 19, 2012 03:23 PM PDT

There’s a lot of people buying.BillyFLA

  • WEDNESDAY, JUN 20, 2012 06:52 AM PDT

Not to mention the $1 Trillion plus that we’ve spent on the GOP’s unnecessary war in Iraq and countless other millions thought needed to beef up homeland security after 9/11. If this was an example of Republicans trying to save a few bucks of Federal money, its also a great example of their being pennywise and pound foolish.Gus1964

  • WEDNESDAY, JUN 20, 2012 08:23 AM PDT

How is it the GOP’s war? How many cowardly Democrats voted for the AUMF?

Just millions to beef up homeland security? I think your calculations are way off. The TSA alone costs billions of dollars a year.

  • sitka0230
  • WEDNESDAY, JUN 20, 2012 07:30 AM PDT

The budgetary process allocates money for specific programs within various agencies. Even if the CIA had $1 trillion in 2001, it doesn’t mean a penny of it was allocated to this mission.

I am curious, though, how you arrived at $70 billion since this budget is classified. There was a slip-up in 2005 or so when it was accidentally disclosed that the CIA budget was $44 billion. I do not know if this includes so-called black ops budget.

  • paulie
  • WEDNESDAY, JUN 20, 2012 08:28 AM PDT

Even more damning is that George’s younger brother Marvin Bush was a principal and prior director of the security company contracted to provide security to the WTC and his and Bush’s cousin Wirt Walker III was the CEO at the time.The company was given a contract the day after GWB’s ignauguration.

These ties were never investigated by the 9/11 ,Commission, of course .

It must just kill the Repugnants and Bush-worshippers that their doofus let bin Laden off the hook so brazenly while that Kenyan Muslim Usurper Ni**er in the White House took him out after less than 2 1/2 years in office.jonvaljon

  • TUESDAY, JUN 19, 2012 02:08 PM PDT

it was all coordinated and neither bush nor obama had any control over when the body that no one ever saw was rolled out, thawed and stamped “done” right on the forehead.

  • mjshep
  • WEDNESDAY, JUN 20, 2012 06:49 AM PDT

I think the tinfoil hat is cutting off the circulation to your brain. Reduced blood flow causes hallucinations.

  • suave
  • WEDNESDAY, JUN 20, 2012 07:17 AM PDT

zzzzzzzz’BillyFLA

  • WEDNESDAY, JUN 20, 2012 06:55 AM PDT

Well it WOULD just kill GOPers and Bushies IF they EVER admitted to making a mistake. But they’d rather line up en masse and insist that they have “no regrets”.sitka0230

  • WEDNESDAY, JUN 20, 2012 07:32 AM PDT

Cognitive dissonance. See, for instance, jonvaljon’s comment. Rather than except reality, invent your own facts to meet your pre-established world view.

  • suave
  • WEDNESDAY, JUN 20, 2012 07:58 AM PDT

.. except your reality relies on faith, instead of irrefutable evidence.

  • jonvaljon
  • WEDNESDAY, JUN 20, 2012 09:06 AM PDT

pics or it didnt happen.

  • WEDNESDAY, JUN 20, 2012 09:27 AM PDT

No, my reality is based on observations and parsimony.

CONSTITUTIONAL WAR vs. 1984 “Perpetual War”

Congress, originally (in 1787), was supposed to be the successor to Parliament as the highest expression of the Sovereignty of the Anglo-American People.  It seems, over the past 70 years, that Congress has largely abandoned its role as the primary lawmaker in the United States. As noted on this blog recently, Executive Orders have pretty much replaced legislative enactments.  During the 1950s and 60s, the Judiciary was commissioned with implementing the program of desegregation which neither of the directly political branches were willing to impose on the unwilling American people.

But now, as a consequence of all this history, the “legislature” now longer “legislates”–it mostly ratifies bills prepared by bureaucrats or lobbyists.  Debate is almost nugatory, no longer meaningful, and elections seem “rigged” at all levels.  One of the key powers of Congress granted in Article I of the Constitution was the power to declare war, and Congress has done this throughout history—but the last times were in 1941-1942 at the beginning of the Second World War.  

I find myself simply astonished by the following brain-dead (anti-Libertarian, anti-Ron Paul, anti-Constitutional) Republican “Red State” website (http://www.redstate.com/dcacklam/2012/05/16/law-war-security-why-libertarians-are-wrong-about-indefinate-detention/) defense of Indefinite Detention, but I reproduce it here merely to highlight its one key but absolutely fatal flaw—the “War on Terrorism” (like the “War on Drugs”) is an undeclared, unconstitutional war.  It is also a war which is likely to last forever—where there is no Constitutional Declaration of War, there will be no Treaty Ratifying Peace—precisely because the ENEMY DEPENDS ON US FOR ITS EXISTENCE—There can be no Al Qaida, no Terrorist Threat anywhere, that is not nurtured and fostered by the CIA and other elements of the American and “allied” governments.  Long-term terrorism is in essence a fantasy, a very Orwellian Fantasy, just like the “perpetual war” of Eurasia, Eastasia, and Anglo-American “Oceania”: 

I’m sure I’m not alone in having “grown up” on 1984.  In Orwell’s book a very credible “Cold War”-like “perpetual war” consumes what little surplus exists between the economies of London-based Anglo-American Oceania, Bolshevik Eurasia and Sino-Japanese Eastasia, the super-states which emerged from the atomic global war. “The book”, The Theory and Practice of Oligarchical Collectivism by Emmanuel Goldstein, explains how the balance of power is maintained: each state is so strong it cannot be defeated, even with the combined forces of two super-states—despite changing alliances. To hide such ridiculously illogical contradictions, history is  constantly being re-written to explain that the (new) alliance always was so; the populaces accustomed to doublethink accept it.

EXACTLY LIKE THE ARAB-ISRAELI CONFLICT AND THE WAR ON TERRORISM, ORWELL’S “FICTIONAL” (or was it Prophetic?) WAR is not fought in Oceanian, Eurasian or Eastasian territory but in the arctic wastes and a disputed zone comprising the sea and land from Tangiers (northern Africa) to Darwin (Australia).  

{{{For those of you with a weak grasp on geography, that includes Morocco, Algeria, Libya, Egypt, Israel Syria, the Arabian Peninsula, the site of the USS Cole disaster in 1999, the sites of the U.S. Embassy Attacks in Nairobi & Dar es Salaam in 1998, Somalia, the Persian Gulf, Afghanistan, Pakistan, and Southeast Asia including Bangladesh, Vietnam, Malaysia and Indonesia—in other words EVERY major theatre of war since 1945 EXCEPT for Korea, but including BOTH “Stanleyville and Saigon” and Algiers which were sites of major undeclared “hot spots in the cold war” in the 1950s-60s).  I sometimes wonder whether 1984 was actually an INSTRUCTIONAL manual leaked out, and quickly reclassified as a “fictional” work.  The author George Orwell really DID work for BBC Wartime anti-Nazi propaganda in India, after all, and given his circle of friends and contacts he was probably as privy as anyone outside of government could be to Power-Elite’s Vision of their plans for the next 70 years….}}}

At the start of Orwell’s Perpetual War, Oceania and Eastasia are allies combatting Eurasia in northern Africa.

That alliance ends and Oceania allied with Eurasia fights Eastasia, a change which occurred during the “Hate Week” (comparable to the real world “National Brotherhood Week” maybe?) dedicated to creating patriotic fervour for the Party’s perpetual war.  The public are utterly insensitive and blind to the change; in mid-sentence an orator changes the name of the enemy from “Eurasia” to “Eastasia” without pause. When the public are enraged at noticing that the wrong flags and posters are displayed they tear them down—thus the origin of the idiom ”We’ve always been at war with Eastasia”; later the Party claims to have captured Africa.  

{{{I personally have, for a long time now, suspected that it is no coincidence that we first went to war with Saddam Hussein and a terrorist named Osama bin Laden and then [had elected for us] a New World Order President named Barack Hussein Obama—so that people would have these similar sounding names confused, just as in Orwell’s 1984}}}.

“The book” by Goldstein, a credible name for a New World Order Theorist if ever there was one, explains the design and purpose of the unwinnable, perpetual war: the war serves to consume all “surplus” or excess human energy, time, labour and commodities, hence the economy of a super-state cannot (or is not expected to) support economic equality (a high standard of life) for every citizen.

Goldstein also details in characteristic doublespeak an Oceanian strategy of attacking enemy cities with atomic rockets before invasion, yet dismisses it as unfeasible and contrary to the war’s purpose; despite the atomic bombing of cities in the 1950s the super-states stopped such warfare lest it cause disequilibrium among the perfectly balanced and perpetually warring powers and thus bring about the uneconomical, politically undesirable, result of an actual peace.

Even the Perpetual War military technology in Orwell’s 1984 is prophetic in that, although it differs little from that of World War II, strategic bomber airplanes have been largely replaced with an evolved species of Werner von Braun’s Rocket Bombs (not quite the ICBMs of the Cold war, or the ABMs of the Star Wars Dreamtime).  True to the reality of Korea, Vietnam, and Iraq, helicopters were heavily used as weapons of war (while they didn’t figure in WW2 in any form but prototypes) and surface combat units have been all but replaced by immense and unsinkable Floating Fortresses, island-like contraptions concentrating the firepower of a whole naval task force in a single, semi-mobile platform.  Orwell’s novel describes one such platform anchored between Iceland and the Faroe Islands, suggesting an Political and Practical “Perpetual War”-perpetuating preference for sea lane interdiction and denial).

In any event: serious students of U.S. History will recognize in the passage below, but see the logical and moral flaws in, the direct comparison to the U.S. Civil War of 1861-1865—when the rights of Americans, North and South, were first repressed and began their long decay into the nightmare of what I can only call either “the Brave New World” or “The New Dark Age”—although fans of George H.W. Bush like to call it “The New World Order”:

Law, War & Security – Why libertarians are wrong about ‘Indefinate Detention’

Posted by Dave_A (Diary)
Wednesday, May 16th at 2:56AM EDT
14 Comments
Recommenders: mikeymike143 (Diary), PowerToThePeople (Diary)

We hear complaints on this subject from time to time – in the past it was Bush’s opening Gitmo, the 2006 Military Commissions Act, and now it’s the NDAA & Obama not closing Gitmo…

Supposedly, this is a ‘grave violation’ of people’s rights, and we should all be very, very afraid because ‘It might be us next’…

Predictably enough, it’s usually lefties, extremists, libertarians, and Paul supporters (but I repeat myself on the last one, it seems – as that group encompasses all of the ones preceding) making these claims…

And rather than using the correct terms – such as EPW (Enemy Prisoner of War) or POW, and ‘detention for the duration of hostilities’, they use ‘indefinite detention’ and ‘violation of habeas corpus’ – as if the situation is one of holding every-day civilian criminals indefinitely without trial, rather than holding enemy combatants (some lawful, some very much unlawful) captured while engaging in hostilities against the United States…

So, with that said, here’s the case FOR proper handling of EPWs – or as the L’s call it ‘indefinite detention’:

1) The traditional treatment of captured persons, and specifically the concept of taking prisoners & holding them for the duration of hostilities or until an exchange can be negotiated, is older than the United States – and something we practiced ourselves in every war we have fought.

If it was Constitutional and right to hold British, Mexican, Spanish, German, and Japanese prisoners for the duration of the war-in-question – and to hold captured rebels for the duration of hostilities during the Civil War (despite their holding US Citizenship (the Union never recognized the CSA as a foreign nation) it being legal under the Constitution to try and execute them for treason instead – a decision likely influenced by the mutual possession of prisoners by both sides & the Union’s desire for reconciliation after eventual victory), what has changed to make it suddenly unconstitutional to hold Al Queda and Taliban prisoners in the same manner?

2) There are international agreements on the treatment of captured and retained persons – a subset of what is referred to in the military as ‘Law of Armed Combat’ or ‘Law of Land Warfare’ – that require certain things & prohibit others. Shooting surrendered enemy forces is prohibited, as is torture and various other offenses. <b>So is subjecting captured enemy troops to the capturing nation’s CIVILIAN JUSTICE SYSTEM.</b> Prisoners found to have engaged in unlawful combat/war crimes (through a hearing process spelled out in the aforementioned agreements) are to be tried by <b>military court</b>, NOT civilian court.

3) Of the alternatives, indefinite detention is the only legal way to keep captured enemy forces from returning to the battlefield (that’s why we’ve done it in every other war).

History – including OUR OWN history – shows that when combatants escape or evade capture, they routinely rejoin friendly forces and return to the fight. This isn’t unique to bad-guys – the US military has a good list of medals awarded to troops who escaped from or evaded capture, then returned to friendly lines & re-entered combat. In this war, we have a Marine of Muslim descent, who after being captured in Iraq tricked his captors into releasing him to a neutral Muslim country with promises that he would desert – of course when he got there he immediately went to the US Embassy & returned to the Marines. In addition, there are documented cases of released EPWs returning to the fight against us in this war.

- We can’t shoot them – that’s kind of illegal and immoral (Yes, they’d do it to us, but the price of being good guys is, well, being good)…
- We can’t try them as civilians – they’re not civilians, and it’s illegal.
- Releasing them to a foreign country means they’ll be back in the fight against us as soon as they can find a way home (as a Soldier myself, that’s what I’d do to them if I managed to get captured & released alive (fat chance – which is why anything is preferable to capture in this war, but let’s allow the example))…
- (For Taliban captured in Afghanistan) Turning them over to the Afghans results in them being treated as civilian criminals by the Afghan government, and that results in their being released due to the Afghan rules of evidence being ridiculously too limited.

So that leaves the one thing every single nation has done during a war – lock them up in a POW camp, in military custody (a place like, um, Gitmo) until the war is over…

3) The notion that we are in danger of EPW measures being used against US citizens, on US soil & not engaged in hostilities against the United States, for political or other nefarious purpose is unjustified paranoia. We have been at war for over 10 years now, and it hasn’t happened. Now it’s understandable to hear various revolutionary movements complaining, because at their core you usually find extremists who are willing to levy war against the US to achieve political ends – and who want to make winning that war as hard as possible for the US. But for everyone else, it’s paranoia… Plain and simple…

Personally, I’d say the violent-revolutionary types should be more worried about what we’ll do to them if they actually try to have their revolution – getting captured & held for the duration is the least of worries (compared to being killed by vastly superior pro-US forces, or captured & executed for treason)….

 (http://www.redstate.com/dcacklam/2012/05/16/law-war-security-why-libertarians-are-wrong-about-indefinate-detention/

Happy Birthday to Elena Kourembana Lincoln—Happy Cinco de Mayo to Mexico! (but on the whole, things would have been better, perhaps, if the French had stayed…Mexican Science in general and Archaeology in particular would have been lightyears ahead of where they were by the 1920s, and nothing the Emperor Maximilian Hapsburg could have done would have been worse than the Porfiriato, and in fact, especially for the Indians of Mexico, it might have been a whole lot better…and I’m quite sure Mexico City would never have ended up so crowded and polluted….the end of the Second Mexican Empire was, truly, the third worst thing that ever happened to Mexico)

A la Recherche du Temps Perdu……avec Elena Kourembana Lincoln:

(1)  First Corresponded with GRW, WLF, and then with me regarding Chichén Itzá project—Winter/Early Spring 1984-5

(2) Met in Merida, May 1985, Chichén Itzá Archaeological Survey May-September—”I want to be a part of it, in Old Chichén…if I can dig it there, I’ll dig it anywhere….it’s up to you, Chichén, Chichén.”

(3) Xkichmook, Izamal, & Axac August-September 1986

(4) Critical visit to Las Monjas and El Castillo September 10, 1986.

(5) Critical visit to Los Angeles, later that month

(6) Xkichmook Survey & Excavation June-August 1987

(7) Chicago, September 1987, Field Museum Xkichmook Collection September-December.

(8) Another critical day December 5, weekend of Sunday December 7, 1987 in Chicago.

(9) Colombia for Christmas & Amazonas for the New Year.

(10) April 1988 SAAs in Tucson—Casa Grande “Round Tail Ground Squirrels”

(11) Car wreck in Pennsylvania in July 1988—serious but we did not die….

(12) 1989-1990 a year (or two) of madness whirling to and from Aegina, Athens, Austin, Bayreuth, Belgrade, Berlin, Bonn, Boston, Budapest, Cambridge, Cancun, Chicago, Corinth, Dallas, Delphi, Frankfurt, Kaua, Köln,  Mainz, Methoni, Mérida, Mexico City, Mycenae, Munich, Nuremberg, Olympia, Patras, Prague, Pylos, Rothenburg, Salzburg, Skopje, Sofia, Thessaloniki, Timosoara, Vienna (that’s just in alphabetical order, not order of travel, but there were so many stops along that long and winding road, including so many towns in Yugoslavia with so many children….before the Serbo-Bosnian-Kosovar wars of the 1990s).

(13) Critical Valentine’s Day February 14, 1990—Pontevecchio with dreams of Venice & Venus interrupted….”Et O ces voix d’enfants, chantant dans la coupole! Twit twit twitJug jug jug jug jug jug. So rudely forc’d. Teru. Unreal… 

(14) Critical days in July 1990 in Athens—Hagios Nikolaos.

(15) Back to Chicago in late September-August 1990, Commonwealth Avenue overlooking Lincoln Park.

(15) Many changes in wintertime….from Detroit to Austin through Louisville before Thanksgiving and Christmas through Valentine’s Day... Little Sister Alexandra in Austin… and Chicago…and Dallas… and New Orleans….

(16) New Orleans in April & July 1991 (SAA & ICA)—Sheraton Suite for SAA and Mary Pickford Suite Pontchartrain Hotel for ICA.  Alexandra again…

(17) The troubles of life aside….occasionally…. great expectations for the future…

(18) 1992—Mérida, Catemaco, Veracruz, Chicago, Palm Beach and on August 23, 1992, Charles Edward Andrew Lincoln, IV.

(19)  Here endeth the lesson in Ancient History—from 1992 on, the election of Clinton and everything that came with it, it is all essentially early modern and modern history….

April 13: The Hunger Games, Judicial Immunity, and the Dawn of a New Dark Age

Life in its petty pace from day-to-day (and related notes on why I’m not on the California ballot)

Is it a coincidence that the California Secretary of State refused to approve me for a ballot place as candidate for the United States Senate Seat currently held by Diane Feinstein within 3 days of Facebook Canceling my profile because I was “promoting or organizing violence?”  Since I have never (to the best of my knowledge) advocated (much less “organized”) violence except to praise the spirit of continuing revolution, it was a great shock to me, but that was how my Spring season began.  (My long-time personal assistant and “Man Friday” Peyton assures me that I’ve never organized anything in my life, violent, peaceful, or indifferent)  

The snafu that led to my ballot position not being approved may yet prove the subject of a lawsuit, so I shan’t go into details except to say: California’s “Top Two, Voter Nominated” primary system only makes sense if non-professional political operatives (i.e. “voters”) are actually permitted to nominate candidates, and this requires a certain exercise of common sense on the part of the Registrar of Voters in each county as well as the Secretary of State.  Obviously, my supporters are largely battered down middle class working people who no longer trust the government to begin with.  They are anything BUT government insiders.  If only political insiders can maneuver the system then it is NOT a true “voter nominated” system.

I would guess that, in fact, the “top two” system was designed to protect the best funded insider candidates from even any hypothetical threat from outsiders like me, and that is, of course, a way of stifling change and preventing any real “dynamic” in the democratic process.  ”Top two” primaries arguably serve a system well-designed to engender a “thousand year reich”, ironic indeed since one would think that individuals of Barbara Boxer’s, Diane Feinstein’s and Henry Waxman’s background and ethnic origins would not WANT a thousand year reich….but perhaps the quibble was with the identity of the master race destined to rule for a millennium, rather than whether a unitary elite should have such power…. forever.

Remembering V-for-Vendetta and Serenity from 2005-2006

The only redeeming feature of Spring 2012 so far is a new movie, which equals and possibly surpasses in political insight my (obvious, previous) all time favorite: V-for-Vendetta.   V-for-Vendetta was a futuristic science fiction (literally based on cartoon characters based on a four centuries old English school boys’  rhyme about a highly manipulated historical even in 1605) and as such it served as an allegory about 9-11 and the “W” Bush (43rd Presidential) administration in the USA.   The lead characters, the Guy Fawkes’ masked “V” (Hugo Weaving) and Evey Hammond” (Nathalie Portman), were an amazing couple NOT in love (at least not romantically, and not in any way at all, at least not until Evey’s post-mortem eulogy) were, as cartoon characters are, difficult to relate to any ordinary people one might encounter in life.  

The brilliance of V-for-Vendetta was the incisive treatment of 9-11 and all that had happened in and around that date under the Bush 43 administration: barely a stone was left unturned to expose the rotten mould and horrible colony of insect life underneath it.  The sad part about V-for-Vendetta is that it’s message apparently resonated with so few people.  

As a movie, it should have had a national impact on political thought, revealing the ruling government as an oligarchy of hypocrisy, lies and fear through government media manipulation concealing a simple policy of orchestrated terrorism attributed to foreigners, specifically Islamic fundamentalists, in the justification of never-ending war, even though it was in fact the brainchild policy of the government itself.  

Above all, V-for-Vendetta reminded us of Adolf Hitler’s brilliant but evil insight, that the great mass of people will sooner believe a great lie than a small one.  Another movie concerning a “big lie” by the government was Joss Whedon’s beautiful epic Serenity.  The tale of the outer-space “wild-west racially non-discriminatory confederates” was, in so many ways, merely the extra galactic, historically unspecific, parallel to V.  Unlike V, Serenity did not focus on any specific modern event like 9-11, but  very generally shared a focus on governmental experiments in biotechnology and psychological manipulation as the root of transformational events in human history.  Of course, Serenity very unusually and distinctively echoed and memorialized the injustice of the Confederate defeat at the hands of a technologically superior Centralized government (“the Federation”).

Die Hungerspiele von Panem/Die Tribute von Panem (Totliche Spiele) (You’re a Damn Confederate, aren’t you?)

The new movie which in my mind at least now threaten’s V-for-Vendetta’s supremacy as the greatest political movie of our time premiered on Friday March 23, and is of course, the Hunger Games. (I confess I have not read Suzanne Collins’ books—everything I say here is based on the movie and the movie alone, which I found absolutely overwhelming—but I didn’t read Gone with the Wind until I was 26, by which time I had seen the movie at leas 30 times in my life).  The Hunger Games lacks any of the cartoonish elements of V-for-Vendetta and Serenity (as much as I like and appreciate the genuinely artistic value of those elements).  

My suspicions of Collins’ perspectives as those of a not-so-closet Confederate sympathizer gain more than moderate a bolster from the knowledge that, although born in Connecticut, the author was the daughter of a Vietnam veteran and spent her High School (i.e. critical formative identity) years in the heart of Dixie, specifically in Alabama in the 1970s…. where she attended  high school at the Alabama School of Fine Arts in Birmingham, where she was a Theater Arts major.  Oh yea, FWIW, the Alabama School of Fine Arts was founded by George Corley Wallace’s Wife, Governor Lurleen Wallace, in 1968, shortly before she tragically died of Cancer at age 41, and George Corley Wallace was Governor 1971-1979, all through Suzanne’s High School years.

Now, one way of looking at it is that, perhaps, the Hunger Games takes place after the collapse of the United States and Civil War to which the government news commentators in V-for-Vendetta made such frequent allusion.  According to those reports, the USA “the country that had everything” had become a “cesspool” of continental proportions due to its “Godlessness.”  While that’s a legitimate perspective, I think that the overwhelming weight of evidence and frame of reference in the Hunger Games is to the War of Southern Independence/War Between the States/War of 1861-1973, realizing that those dates are not the ones usually used in High School American History texts.

In fact, The Hunger Games in some of its visuals at least, almost approximates a kind of a futuristic Nanook of the North staged realism, focusing on the lives of the common people of the post-War (I mean Post-War Between the States) south, especially of the Appalachian regions of North Carolina (where The Hunger Games was filmed “on site”).  As in Whedon’s Serenity, the strong suggestion of Confederate nostalgia and sympathy is, to my mind at least, absolutely undeniable.  

It is too much to ask that we NOT see parallels to the War of 1861-65 and its aftermath when the “Treaty of the Treason” and “War” movie both recite that 13 Districts of “Panem” (“Panem” to my eyes sounds like a Hellenized partial translation of “E Pluribus Unum“, cf. Pangea) rose up against the Paternalistic “Welfare” Government that “fed them, protected them, cared for them”, that the District 12 setting is so obviously the REAL Southern landscape of coal-mining Appalachia, and that the poor whites of District 12 have a closely parallel lives and culture to at least the partially segregated black-African dominated population of District 11.

Without wanting totally to “spoil” the Hunger Games for anyone who hasn’t seen it, I will just summarize my interpretation of its wild popularity this way (aside from the obvious: a very human love story about two extraordinarily mature for their age teenagers who were unlikely ever to have fallen in love, but end up being “perfect” for each other, played by a genuinely handsome “All American Boy” lead and beautiful soft-spoken and emotional “Tomboy-type-Girl” who is so hot she literally sets her red dress on fire, combined with lots of action): Even though most Americans are not in fact hungry for food (that is the “Nano of the North” element reality of the starving South of 1865-1950, seeing oppressed, hard-working, underdogs whose primary source of protein was from very small game—squirrels, because the deer were almost all hunted out) people are clearly hungry for genuine justice and a fair playing field. (For one alternative, but to my mind, quite beautifully written and  excellent review of the Hunger Games, I recommend “The Feminist Spectator” by Princeton University’s Jill Dolan, published on April 4: http://www.feministspectator.blogspot.com/.  I somehow doubt that Professor Dolan would agree with me on the strong Confederate Sympathies implicit in The Hunger Games but there was once a President of Princeton University, the only Ph.D. ever to become President of the USA in fact, who thought that Birth of a Nation was the greatest historical drama in history, and portrayed the reality of his native south perfectly—unfortunately, that was also the Democratic President who signed into law (1) the 16th Amendment and Federal Income Tax, (2) the Federal Reserve Banking System, and the (3) the 17th Amendment, namely Woodrow Wilson….)

Hunger for Justice and Freedom

Like the residents of the 13 oppressed Districts of Panem, despite all government hypocrisy and lies to the contrary Americans both you and old today know that the odds are NOT in their favor and that, in fact, the odds are fairly hopelessly stacked against them.  And yet the system has this tiny escape valve: that about 1 in every 24 people can make it rich.  That is, one-in-twenty four of the oppressed can make it rich IF they’re willing to “play the government’s game” and basically, kill a lot of their fellow citizens in the process.  As of this April 13, 2012, I have seen the Hunger Games 5 times, and each time I’ve liked it more, seen more details.  I will have to read the books before completely integrating it into my thought processes about modern pop-cultural reaction to the impending doom that this American Life obviously faces, but I submit to you: the American people (on the whole, and certainly as a population compared to many parts of the world at the present and throughout history) may not be starving or hungry for food, but they hunger for justice and an even playing field, and they do not “relish” the very real prospect of a thousand years of subservience to “the government that feeds, them clothes them, takes care of them.”

Of Time and Space and Presidential Succession in the Leap Years…..

The Hunger Games takes place on the 74th anniversary of the institution of these gladiatorial combats.  The significance of that 74 years has bothered me.  On the one hand, it COULD refer to 1860 (the election of Abraham Lincoln and the secession of “District 1, South Carolina…) + 74 = 1934, the year in which Roosevelt’s New Deal started WPA reorganization of the South in earnest, or it could refer to the original publication date of the book, 2008, as the 74th year since 1934—or it could refer to both.  The coincidence, again, is hard to avoid.  1934 was the first full year of (de facto) Socialist Dictatorship in the United States (Franklin Delano Roosevelt was elected in 1932, took office in March 1933, and many of his first year legislative proposals only took effect in 1934).  2008, 74 years later, Barack Hussein Obama, the first Communist President of the United States, was elected and took office, “perfecting” or at least completing the process begun by Abraham Lincoln in 1860, a mere 12 years after the publication of the Communist Manifesto in London in 1848.  (See Al Benson, Jr., & Walter Donald Kennedy’s 2011: Lincoln’s Marxists, Pelican Publishing, Gretna Louisiana, a fine historical summary of the connexion between Communism and Central government predominance in the USA, a historical summary which is easy to read although not nearly well-enough documented with footnotes and source citations as professional historians would like and scholars generally would appreciate).

Another aspect of the Hunger Games is the correlation between the oppressive Central government of Panem and Edward Gibbons’ the Decline and Fall of the Roman Empire, on the one hand, and a heartless, Machiavellian version of the Social Darwinism of the late 19th century on the other.  The capital of Panem is degenerate in a distinctly Roman Imperial Silver Age manner (Rome’s “Silver Age” normally said to run from the death of Augustus in A.D. 14 through the death of Marcus Aurelius in A.D. 180).  Nero and even Caracalla (“Post-Silver Age” Emperor from A.S. 198-217) would have felt quite at home in the Capitol of Panem, I think.  But the “Emperor” himself is a distinctly late 19th century Anglo-American type (President Snow, played by Donald Sutherland), who has a Romano-”Robber-Baron’s” scorn for the “underdog” without any explanation or moral justification, just the political desire to keep himself and his world on top and everyone else underneath.  President Snow appears to share none of the cultural degeneracy of the Capital, but has a great deal in common with aristocratic Victorian gardeners of the late 19th century.  

Snow’s name is English, as are most of the names of the characters known from District 12.  Most of the residents of the Capitol City, however, and apparently of Districts 1-2, have Roman names: “Cato”, “Caesar”, “Seneca”, “Octavia”, and “Claudius” just to name a few…..  

So the Hunger Games follows the pattern of Serenity and V-for-Vendetta in another distinctly modern way (although all these movies do it well, and for good purposes and effect, quite a few others, such as Captain America and [the movie that I dread most]—Abraham Lincoln, Vampire Slayer, do it very poorly and for improper purposes): historical metaphors and mythic realities are conflated, merged, and reorganized.

NOX OCCIDIT (“NIGHT FALLS”)

In any event, there is a Leonard Cohen song that summarizes why the Hunger Games, as a historical-mythological and futuristic allegory of injustice and game rigging, is so wildly popular, and that song is:

Everybody knows that the dice are loaded
Everybody rolls with their fingers crossed
Everybody knows that the war is over
Everybody knows the good guys lost
Everybody knows the fight was fixed
The poor stay poor, the rich get rich
That’s how it goes
Everybody knows

Everybody knows that it’s me or you
And everybody knows that you live forever
Ah when you’ve done a line or two
Everybody knows the deal is rotten
Old Black Joe’s still pickin’ cotton
For your ribbons and bows
And everybody knows

And everybody knows that the Plague is coming
Everybody knows that it’s moving fast
Everybody knows that the naked man and woman
Are just a shining artifact of the past
Everybody knows the scene is dead
But there’s gonna be a meter on your bed
That will disclose
What everybody knows

And everybody knows that you’re in trouble
Everybody knows what you’ve been through 
From the bloody cross on top of Calvary 
To the beach of Malibu 
Everybody knows it’s coming apart
Take one last look at this Sacred Heart
Before it blows
And everybody knows

The saddest difference between V-for-Vendetta and Serenity on the one hand and the Hunger Games on the other is the complete transparency of the society of Panem: “Everybody knows that the system’s rotten…. everybody knows that the war is over, everybody knows that the good guys lost.”  Everybody knows that the government that feeds the people, clothes them, and cares for them does not like underdogs.  President Snow is a late 19th Century-styled  avatar of George H.W. Bush (41st), Bill Clinton, George W. Bush (43rd), & Barack Hussein Obama all rolled into one.  

At least in V-for-Vendetta and Serenity, there still existed the apparent hope that revelation of truth could lead to revolution and change. 

But now President Obama signs the National Defense Authorization Act allowing indefinite detention of American Citizens on American soil without charges or trial, and he does so unblinkingly and unabashedly.  President Obama jingoistically adopts the dead Trayvon Martin as his own son in an effort to exacerbate racial tensions and divisions to his advantage in an election year at the same time that he tells the AIPAC Conference that he supports Israel’s quest to maintain ethnic homogeneity and integrity.  

There are no secrets in modern America, our Joseph Stalin, aka President Obama, has no need of Hitlerian, Rooseveltian, or “W” Bushian type “Big Lie”—he tells us all that he wants the power to take away all our rights, but asks us to trust him that he won’t really do it—except in the case of real underdogs, like, I guess, for example, George Zimmerman?  And speaking of that, how many of you imagine that George Zimmerman, whether he be called White, Hispanic, or Jewish, or all of the above, will get a fair trial?

So now to celebrate April 13 even further: WHERE WILL WE BE 74 years from now, or from 2008, say in 2082?  I predict we may well be in a New Dark Age, and not just because I’m not on the California Ballot for this year (although that is symptomatic).  

So far as “fixed games” go, what could be worse than a criminal prosecution set by agreement between Judges and prosecutors arranged through bribes?  Is that the American Way?  We wouldn’t like to think so.  In 1980, the year I graduated from the College of Arts & Sciences at Tulane and started graduate school at Harvard, the Ninth Circuit Court of Appeals in California said that “fixing” cases was not a normal judicial function and that no judicial immunity could attach to such activities: Rankin v Howard 633 F2d 844 _9th Circuit December 5 1980.  A short six years later, that same Ninth Circuit reversed itself and found judicial immunity from civil suit for such activities: Ashelman v Pope 793 F2d 1072 *EN BANC* 9th Circuit 1986

But the outrageous history of the suppression of judicial immunity just goes on and on through the subsequent citation history of Ashelman v. Pope to show how official immunity for prosecutors and the executive branch has almost merged with Judicial immunity to the point that the government is just one big immune mass of oppression against the people, and the modern government of E Pluribus Unum, aka “Panem” can prosecute you, jail you, and torture you, with complete immunity.

State-Licensed Marriage is a CRIME AGAINST GOD, HUMANITY, and NATURE!

My Dear Friend Dr. Kathy Ann Garcia-Lawson of Palm Beach Continues her Crusade against the forces of Secular Humanism as they fight against Constitutional Freedom, Liberty and Individual Integrity and Autonomy.  04-16-2012 KAGL Edited Motion to Stay Proceedings Pending Determination back in 15th Judicial Circuit Court.  We a complete reversal in the Florida Fourth District Court of Appeals!  Kathy Ann Garcia-Lawson’s divorce decree was vacated and nullified (on February 15, 2012) as having been entered in the Complete Absence of Jurisdiction, by Judge Richard L. Oftedal (now off the case).  The 4th DCA returned its mandate to the Florida Circuit Court in North Palm Beach County on Friday 13 April, and so here we are, back in the Fifteenth Judicial Circuit Court in and for Palm Beach County.  Hurray, Kathy! 

Notice of Respondent’s Constitutional Objections to Personal Jurisdiction,

Motion for Leave to Amend Answer & Counterclaim,

Motion for Scheduling Order and New Trial, and

MOTION TO STAY PROCEEDINGS PENDING DETERMINATION OF CONSTITUTIONAL JURISDICTION

COMES NOW the Respondent Kathy Ann Garcia-Lawson, pro se, giving notice of her constitutional objections to the exercise of personal and subject matter jurisdiction over her by and under the Family and Domestic Relations Code and Courts of Florida. The fundamental question which Respondent submits is this:

Where there is no express constitutional authorization, how can there be any legitimate constitutional exercise of control over any subject matter or personal question defined as a matter of fundamental right, such as marriage, privacy, and child-rearing? If neither the constitutions of the United States of America nor the State of Florida authorize the licensing or dissolution of marriages, nor to regulate domestic relations in any way except with regard to public safety, how can the State of Florida erect and maintain courts to adjudicate cases relating to such matters?

The Fourth District Court of Appeal for the State of Florida has expressly decided in its order of February 15, 2012, that the Judge Richard L. Oftedal had no power whatsoever to enter a final judgment on April 29, 2010 for the dissolution of marriage.  In other words, the Fourth District Court found that Judge Richard L. Oftedal acted in the complete absence of jurisdiction in entering that “Final Decree of Dissolution” dated April 29, 2010, and that his actions were a nullity.  Implicitly, Judge Oftedal must also have acted unlawfully when he refused to set aside his April 29, 2010, order upon Kathy Ann Garcia-Lawson’s post-trial Motion.  As the Fourth DCA correctly noted, Respondent Kathy Ann Garcia-Lawson had not one, but two appeals of non-final orders filed (pursuant to the Florida Rules of Appellate Procedure, 9.130).

The two interlocutory appeals both concerned constitutional challenges to the Florida Family Code and Florida Domestic Relations jurisdiction. Since the Fourth DCA denied Respondent’s motion for clarification or rehearing on these subjects, the appellate justices essentially declined to decide and/or found it unnecessary or improper to reach these issues, since they had already reversed and vacated Judge Oftedal’s final judgment in full in Respondent’s favor[1].

Kathy Ann Garcia-Lawson now returns to this Circuit Court and asks for leave to amend her pleadings, and for a new scheduling order, a new opportunity to conduct discovery (which she never did) and for a New Trial in this Court to find and/or determine, after sufficient hearing and inquiry into the underlying facts and law of the case all of the Constitutional Issues which Kathy Ann Garcia-Lawon has sought to bring to bear in this case, as a matter of law.

The essential point is that neither the United States Constitution nor the Constitution of the State of Florida authorize the State to Issue Marriage Licenses or to impose jurisdiction by statute to resolve cases or controversies involving or arising from private domestic relations or religious questions of any kind (so long as no breaches of the public safety or peace are involved or implicated).

Kathy Ann Garcia-Lawson now demands that, in the interests of judicial economy, this Court rule (after seven long years of waiting) how the Florida Florida Family Code (in particular as dealing with dissolution, division of property, and child custody) derives any legitimate power or constitutional authority in light of Article I: §§1, 2, 3, 5, 9, 10, 12, 21, 22, 23, 27, including but not limited to Basic Rights, Religious Freedom and Non-impairment of contract provisions of Article I: §§3 & 10 (including the proposed amendment of Article I: §3 submitted to the people for popular mandate on the ballot this November 2012) of the Florida Constitution, as well as the First, Fifth, Ninth and Tenth Amendments to the United States Constitution, as a whole, and her rights to Due Process of Law (Art. I: §9), Trial-by-Jury (Art. I: §22), and protection from wrongful intrusion into her privacy (Art. I: §23) by the Courts as a precondition of preserving those rights in dissolution proceedings.

The only mentions of “marriage” in the entire constitution of Florida appear in the recently adopted negative definition in I: §27 and in Article X, §5.  Neither section neither authorizes nor implies state authority to license marriage.  Article I, §27 mandates that Florida will respect only heterosexual unions as marriages as a matter of law, for whatever legitimate purposes there might be in so doing.  Article X, §5 likewise makes no reference to state regulation of marriage, but addresses (somewhat mysteriously, and perhaps redundantly with Article I, §2 above) another issue of “respect” under law:

There shall be no distinction between married women and married men in the holding, control, disposition, or encumbering of their property, both real and personal; except that dower or curtesy may be established and regulated by law.

Accordingly, Kathy Ann Garcia-Lawson now asks this Court finally to rule, resolve, and clarify, upon new trial after amendments, discovery, and full-briefing herein requested to resolve Kathy Ann Garcia-Lawson’s constitutional questions and affirm her challenges both to this court’s exercise of personal and subject matter jurisdiction.

Kathy Ann Garcia-Lawson is the respondent to the Petition for Dissolution of Marriage brought by her husband, Jeffrey P. Lawson, originally in February of 2005.

Contending from the beginning that there was a defect in the subject matter jurisdiction of this Court, Kathy Ann Garcia-Lawson has never consented to the jurisdiction of this Court.  It is a time honored principle in this state, affirmed steadily by our Supreme Court since at least Lovett v. Lovett, 93 Fla. 611, 112 So. 768 (Florida March 29, 1927) that any:

Party proceeding without objection with hearing in equity court of controversy, jurisdiction of which may be given by consent, may not thereafter complain as to jurisdiction.

            But the record will show that Kathy Ann Garcia-Lawson has continually objected to the jurisdiction of this Court and never waived her rights to challenge the personal or subject matter jurisdiction of any Florida Court to adjudicate any aspect of her marriage, her domestic relationship with her husband, or her domestic relationship with their daughter, or to dispose of any of their property except that her husband or the Court show positive constitutional authority to do so, and not merely acquiescence by silence as to this point of most sacred and fundamental rights.

Nor has Kathy Ann Garcia-Lawson ever been afforded the right to amend her pleadings in accordance with her constitutional objections and challenges to the personal and subject matter jurisdiction of this Court.  Accordingly, Respondent here and now further requests that this Court acknowledge, affirm, and enforce her right under Article I, §§1, 2, 3, but especially §5 (Right to Instruct Representatives and to Petition for Redress of Grievances), §9 (Due Process of Law) and §21 (the “Open Courts” provision) of the Florida Constitution to amend her pleadings, conduct discovery (Art. I, §24), file pre-trial (and, unlike under Judge Oftedal, have a full and fair hearing on all) motions (including but not limited to Constitutional questions of both substance and procedure[2]), and otherwise to prepare try her constitutional and jurisdictional challenges related to the current Florida Statutory Scheme for the Dissolution of Marriage.  Kathy Ann Garcia-Lawson submits that seven years is too long already, and that she should no longer have to wait to challenge and deny the power of the State of Florida so to intrude upon her fundamental rights as to design and enforce upon her a Family Law Jurisdiction and application of judicial process without consent to deny her (1) right to petition, (2) right to privately contract, (3) right to due process of law, (4) right to a trial-by-jury, (5) rights and powers reserved to her as one of the American people under the Ninth and Tenth Amendments to the United States Constitution.

Kathy Ann Garcia-Lawson has already collected statistical and documentary evidence which she would have plead and presented by and through expert witnesses and testimony (long ago) to the Fifteenth Judicial Circuit, had she been allowed to do so by Judge Richard L. Oftedal, which shows that Florida Courts automatically grant 100% petitions for divorce without regard to any principal or standard other than that to allege that a marriage is irretrievably broken is taken as sufficient proof of the same as a matter of both fact and law.  Kathy Ann Garcia-Lawson would also have argued that such a system was enacted by the Florida Legislature without legitimate or even colorable constitutional authority, then enforced by the State Judges and “officers of the Court,” and applied to her in defiance of all constitutional and statutory law, and in violation of her rights guaranteed under the Federal and Florida Constitutions to rights to due process, equal protection, and freedom from both state impairment of the obligations of contract and takings of liberty and process in violation of the First, Fifth, Seventh, Ninth, and Fourteenth Amendments.


[1]           Kathy Ann Garcia-Lawson abandoned these two interlocutory appeals once Judge Oftedal entered his final judgment on April 29, 2010, but the issues were not waived firstly because by operation of law the issues raised by the interlocutory merged, and secondly because these issues were fully briefed, as part of Kathy Ann-Garcia-Lawson’s Initial Appellate Brief, of which the Florida Fourth D.C.A. reached only the 9.130 jurisdictional issue and refused, even on her March 1, 2012, motion for clarification or re-argument, to address, decide, or resolve in any manner.

[2]           This Court should be aware that Judge Oftedal, on the record, refused to hear or rule upon any constitutional issues in his court, which is surely a denial of Kathy Ann Garcia’s rights under both the State and Federal Constitutions of Florida and the United States.

In the full version of this Motion, attached above, Kathy quotes in her conclusion of Chief Justice John Marshall’s stirring words in Cohens v. Virginia (March 3, 1821):

The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty.

The Full text of Cohens v. Virginia is attached here: Cohens v State of Virginia 19 US 284 5 LEd 257 6 Wheat 264 Chief Justice Marshall March 3 1821

Forget the Imperial Presidency and refocus attention on the Subservient Congress: Did Congress Work for Five Years to Prepare the Way for Barack Obama to become President? Was it part of “W’s” Plan as well?

http://www.youtube.com/watch?v=H3aCfR8rmrw

My thanks to a dear old friend Barbara Anne K-H for sending this over to me from Alabama in the Heart of Dixie….  I had not seen or even heard of this legislative history before.  As of Friday, February 3, 2011, Judge Malihi’s decision in Georgia came down in favor of Obama as a natural born citizen.  Well, what a shock?   I had rather hoped he would knock Obama down but I am not the least bit surprised or overly disturbed that he didn’t, because Obama’s birthplace is not the problem: Obama’s philosophy and political agenda are the problems, and should be the primary focus of defining his status as a traitor.  I and many others “on the right” waste much too much ink, toil, time, and talent on the eligibility issue, but at least I gave up and moved on rather than doggedly chasing the dead dog around the tree one more time.  I hope that other versions of Judge Malihi’s decision will soon be available, but for the moment it’s good enough to read it in this slightly fuzzy PDF by scribd: 

http://www.scribd.com/doc/80417613/Farrar-Welden-Swensson-Powell-v-Obama-Judge-Malihi-Final-Decision-Georgia-Ballot-Challenge-2-3-2012

Focusing on birthplace eligibility is too narrow and almost silly to justify concluding that Obama is “evil” because he lied about his birthplace.  

Sidebar: I certainly wish I could lie about where I was born sometime—there’s nothing particularly glorious about having been born in Commerce, Texas (I’d have rather been born in someplace special with a really romantic name like “Waco” or “Lubbock” or “Groesbeck”, or even, just imagine it…..gasp “Fort Worth”; likewise my grandmother Helen always regretted having been born in Nachitoches out in the hinterland of French Louisiana which made her less than a full member of New Orleans society, but we all are what we are; even my grandfather, born in the beautiful Victorian city of Galveston, with its amazing beaches and incomparable sea breezes, resented not having been born in his grandfather’s homeland back in England; parents can be so inconsiderate—I often have occasion to ridicule my assistant Peyton’s birthplace being in Memphis….along with his two “triplet” brothers).  

So I stick to my guns: the whole “eligibility” debate is a major distraction and a terrible waste of patriot energies.  We who believe in the Constitution should be focusing strictly on Obama’s crimes against the people (and these are mostly economic and political crimes which his predecessors initiated, which the most extreme and staunch constitutionalists are largely ignoring because they are focusing on Obama’s status or lack thereof as a Natural Born Citizen).  The legal argument most often invoked by the Courts against eligibility cases is that “the people” have suffered no individualized or discrete injuries from any violation of the Natural Born Citizen clause occasioned by Obama’s election.  

The difference in Georgia and other states that are considering the eligibility issue right now is that PROSPECTIVE AND INJUNCTIVE RELIEF are ALWAYS available against Governmental Officials, even when actions for damages or other punitive or corrective actions are barred by doctrines of “official” or “sovereign” immunity.  If Obama has perfected anything, it’s his own self-image as a sovereign (Kind of Reminds me of the King in the big palace portrayed in the movie version of the Jungle Book, but that’s another story…)

This above-referenced you-tube video makes some excellent points of which I was not aware about legislative history and purpose, and I highly recommend it: for five years before Barack Hussein Obama’s election, various members of Congress made repeated attempts to amend the Constitution of the United States to modify the Article II eligibility requirements.

The producer’s “blurb” goes as follows:

- MINI Documentary Illegal Obama “Propped Up” By Congress! If you never watch another video, watch this one, this proves the Democrats (and some Republicans) know Obama is not an American and is serving illegally and unconstitutionally and the efforts they made are recorded in the Congressional Record, attempting to change the Constitution so he could serve legally. EVERYONE that cares about and loves this Constitutional Republic absolutely MUST watch and forward this video!!!!!! This one must go viral. I won’t be surprised when the people of this country begin calling for an Impeachment. This guy and his croonies have been intentionally deceiving the American public and his friends in Congress have been propping him up.. Where are our elected representatives all been hiding?

http://www.youtube.com:80/watch?v=H3aCfR8rmrw
<http://www.youtube.com/watch?v=H3aCfR8rmrw>

I strongly suggest that we forget about Article II eligibility and hereby propose that we amend the Constitution to define “Natural Born Citizenship” for all three Branches of Government (Article I Legislative, Article II Executive, and Article III Judicial—as they do in Mexico, for instance) and actually to extend the requirements for Natural born citizenship as follows: 

“Only persons born within the territory of any of the United States of America, or any of its dependent territories, whose father and mother were both born in the United States, or to two parents also born in the United States who are temporarily living abroad, may serve in any office or capacity created by or under this Constitution, whether legislative, executive, or judicial, except for officers with no law-making, enforcement, or interpretive functions whatsoever.   No person shall be qualified to serve in any capacity whatsoever created by or under this Constitution who does not affirm by oath the primacy of individual rights to life, liberty, and property, above all other human rights.”

Disqualifying all but third generation citizens from Federal Office would have eliminated Barack Hussein Obama from the Senate, which would have prevented his elevation into the Presidency.  It would eliminate both Orly Taitz and Arnold Schwartzenegger from national politics, and would have, not so tragically, prevented early International Socialists (“New Dealers”) like Felix Frankfurter from sitting on the Supreme Court.  (Felix Frankfurter not only supported the New Deal and global integration, but also opposed the expansion of civil rights by incorporation of the Bill of Rights through the Fourteenth Amendment to the States).

It is Barack Hussein Obama’s belief in other rights and powers which makes him dangerous.  There is no more certain definition of a communist than one who does not or cannot affirm that the rights of each individual to life, liberty, and property are supreme and superior to all other human rights.  This maxim must be construed to include that the rights of life, liberty, and property of the individual are superior to the rights of the society to security, the rights of any individual to any particular AMOUNT of property or wealth or income or security, the right to free assistance of any kind from the government, the right to employment, or even the rights to food and medicine.  

I suppose it sounds harsh to say that the government should not be in the business of guaranteeing the right to food and medicine to any individual, but the cost in freedom of an increased augmentation of life or property by and through submission is, or ought to be, intolerable.

There is to my mind very little doubt that George W. Bush had the appointment of an African-American successor at the top of his agenda.  Why else did he have Colin Powell and Condoleezza Rice as his successive Secretaries of State?  The Secretary of State is the most visible officer of the Executive Branch after the President.  So it is only reasonable to expect that Congress, during the entire term of George W. Bush, would likewise have been paving the road for the first African-American President who would only be elected because he totally supported and underwrote EVERYTHING that his predecessors were doing.  It is all just too much of a ritual and stage play.  The Republican parties commitment to affirmative action of “right thinking” African-Americans was clear at the very latest from the fiasco surrounding the appointment of Clarence Thomas to replace Thurgood Marshall in what can now only be called the “African American” seat on the U.S. Supreme Court.  Thomas himself paved the way for the acceptance of Obama in the sense that Thomas’ own marriage was interracial and therefore especially “Brave New Worldy” in that special “destroy real diversity by promoting homogenization” and “shake n’ bake” demographics.