Monthly Archives: June 2012

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).

Carrie Luft’s Extraordinary First Amended Complaint Allowed in the Middle District of Florida

Magistrate Judge Sherri Polster Chappell of the United States District Court for the Middle District of Florida sitting in Fort Myers has made me feel like Peter Pan: She’s made me want to crow:  “I’m just the cleverest fellow ’twas ever my pleasure to know!”   Magistrate Judge Chappell has also given Carrie Luft an extraordinary chance to litigate some unique questions of first impression in the USA, such as whether the USA needs a CIVIL Constitutional Writ equivalent to Habeas Corpus, for which I have suggested here (as I have been advocating, on-and-off now, for twenty years) the adoption of the Mexican Constitutional Writ of Amparo:

06-15-2012 First Amended Complaint Carrie Luft 06-15-2012

06-15-2012 Affidavit of Mario Kenny 06-15-2012

The Juicio de Amparo (which can be only VERY roughly translated into English as a “Writ of Prohibition”) enshrined in the Constitution of Mexico is a Constitutional Proceeding with the full force and effect of a CIVIL Writ of Habeas Corpus such as has never existed in the United States.  Historically, this writ originated and was designed by the early 19th century revolutionary Creole (Hispanic White, First generation Colonial) jurists of my “second home” state of Yucatán, so strangely aligned from the late 1830s onward through Ernesto de Zavala (born in Ticul, Yucatán) with my “first home” state of Texas.  Of course, it was neither Zavala who authored the Texas Declaration of Independence and gave his name to the State Archives building in Austin nor the famous Editor of the three great “incunabular” press journals of Southeastern Mexico, El Fenix de Yucatán, El Museo Yucateco, and the Registro de Yucatán, namely Justo Sierra O’Reilly who solicited Congress to admit Yucatán as a State in the 1840s.  Rather it was a figure even less well-known to even to the well-educated American, by the Manuel Crescencio García Rejón, born in Bolonchenticul, Yucatán, a small town now renamed in his honour Bolonchén de Rejón, in the (now separate Mexican) State of Campeche and across the Puuc (Hill Country of Yucatán) from Ticul itself where Zavala was born.

Bolonchen means “Nine Wells” in Yucatec Maya. The number nine is quite mystically intriguing here, being, however coincidentally, not only the number of levels of Hell in both the Maya Underworld of Xibalbá and Dante’s Inferno, but also the number of justices who sit on the United States Supreme Court…. It was the Nine Justices of the U.S. Supreme Court, especially Chief Justices John Marshall and Roger Taney, whose theory of Constitutional review by judicial procedure so thoroughly impressed and influenced this heroic Hispanic jurist whose name should become famous in the United States of America:

Manuel Crescencio García Rejón

1799-1849

A Great Mexican Constitutionalist and Yucatec Creole Nationalist

I feel strangely certain that if telephones or the internet had existed in the 1830s and 40s, the provincial creole patriots of Yucatán, introduced through Ernesto de Zavala and Justo Sierra O’Reilly, would have thoroughly made friends with John Caldwell Calhoun, Chief Justice Taney, and the other great Southern Constitutionalists of that time, and that Mérida would have become the Southern terminus of a cross-Gulf commerce linked to Galveston, Mobile, and New Orleans in a “Greater South” including all of Mexico after 1848.  In light of subsequent history, in light of the likely union of our countries within the next hundred years, it cannot be said that it would have been so bad for all this to happen a century and a half ago.  For one thing the Creole and Native American Mexicans would never have had to suffer the indignities and inferior status to which they have been relegated by the strangely “colonialist” policies which resulted from the United States’ FAILURE or REFUSAL to integrate Mexico in 1848…. the Hacendados of Mexico would have aligned themselves naturally with the Plantation Owners of the South and the large Indian populations would have had MORE protection under American Constitutional Law than they had under MOST of Mexican history–but all this is a terrible digression from Carrie Luft’s Crusade against the Corruption in Florida Courts (although it is a corruption echoing Miami’s status as “the Capital of Latin America” and Florida’s status, with Louisiana, as the Northernmost Banana Republic…..

I reiterate, we NEED your responses to Carrie’s survey, and so far we have gotten VERY FEW:  06-06-2012 DECLARATION CONCERNING JUDICIAL HABITS

Please circulate this all around and return to one of us, either to Carrie directly or to me c/o Peyton Yates Freiman at our “Home Office” of 603 Elmwood Place, #6, Austin, Texas 78705 or to me at Mid-Cities Escrow in Downey:

MID-CITIES ESCROW, Charles Edward Lincoln, III CEO & Director,

10890 Paramount Blvd., Downey, CA 90241, (562) 861-2251 facsimile.

or by e-mail here to this blog!

A New Saint John the Baptist? Or is she doomed to the fate of Cassandra? Thoughts for June 23-24, Johannisnacht und Johannistag

I am sure that some readers are already weary of my Hunger Games obsession with this latest experiment in Science Fiction as Mythic Reality/Historical and Prophetic Allegory.  Rather like Saul of Tarsus blinded on the road to Damascus, I am a late convert, and have that same “recent convert’s fanaticism” that Paul had, which my grandmother always used to make fun of in people of our time. Having only discovered the series on March 23, 2012, when the movie came out, today, June 23, is my 90 day “anniversary” as a Hunger Games Fanatic—and to think I went to see it at midnight on that day merely out of a long-standing habit of trying to see movies on the early morning premier.  At that time I knew absolutely nothing about the series.  

But since then, I have not only seen the movie countless times and read all three books, but become convinced that Suzanne Collins is a voice crying in the wilderness to prepare the way for—the future of North America.  My question today is whether she is the new Saint John, making straight in the desert a highway for our savior, or doomed to the fate of Cassandra of Troy—granted by Apollo the gift of prophecy but cursed never to be believed (until it’s quite too late).  

A close friend is facing an appeal of a major constitutional case in Florida that has already dragged on for seven years.  She is trying to decide whether to quit or go on forward.  I have told her there’s no purpose in proceeding unless she runs the race as if to win.  So I wrote her:

You have faced an unjust judge for a very long time, maybe even several.  (See Luke 18: 1-8, below).  Are you ready to faint?  If you want peace at last, I don’t want to sell you on anything.  I for my part do not fear fighting nearly so much as I fear the day when I might stop fighting.  The constant striving and the eternal journey, the quest, those are the most important parts of being alive, to me at least.  And I always quote what Victor Laszlo said to Rick in the movie Casablanca“You ask why do we keep on fighting?  You might as well ask why do we keep on breathing.  If we stop breathing, we die.  If we stop fighting, the world will die.”  I personally have lost more than most people in the world ever came near to having; I confess I was born into something like the top of the top 1%, certainly more than about 99% of the people in the world, outside of America and Western Europe, anyhow, could ever even have dreamt of having. While was growing up and, really, for a large part of my adult life, I had everything without working for it.  I don’t anymore, pure and simple.  That was a loss, but none of that deters me.  And none of that makes me feel anything but admiration for those who had had the strength and courage to work hard and achieve great things through dull hard work throughout their lives.
If it scares you to think of losing everything because you fight, then you really need to stop fighting.  Jesus died so that we might have a chance to be saved, that we might have a chance to live free—but He never once told us that freedom or salvation were easy—Look at Matthew 10:34-39, below my signature at the bottom of all of my letters…. do you want to take your cross and follow after him to Calvary (the “hill of the skull”?).  I do, but I don’t want to drag you if you don’t want to go.
From a different historical angle, but way similarly, from my new favorite books, the Hunger Games Trilogy, there is a song called “The Hanging Tree” (you know, the Cross is sometimes called a “Tree” and we know that crucified victims are always “hung” on the cross–albeit by nails in their arms rather than ropes….)
Here is the “Hanging Tree” that Hunger Games heroine Katniss Everdeen learned from her father.  One of the beautiful parts of Suzanne Collins’ art, in my mind, is how she uses words to create and describe a heroine who is not at all skilled in verbal communication but whose emotional power and commitment always lead her to do the right thing. The intuitive truth in music and singing is a recurring motif in the books.  Katniss Everdeen, like C&W’s Loretta Lynn, was born a coal miner’s daughter, in a cabin on a hill in very poor corner Appalachia.  At one point, by a mountain lake cabin, Katniss spontaneously sings this song, which her father had taught her, primarily for the benefit of a mute and voiceless person whose voice box and tongue were cut out by the cruel NDAA-worthy “Capitol” government of Katniss’ highly centralized future North American Home called “Panem” (Panem is, I think a rather elaborate Classical Greek-Latin pun, I think, on the word “Bread” on the one hand and a previously decentralized confederation E Pluribus Unum (out of many, one) subjected to a an all powerful “Pantocracy”—oppressive supreme government):
Are you, are you
Coming to the tree
Where they strung up a man they say murdered three.
Strange things did happen here
No stranger would it be
If we met up at midnight in the hanging tree.

Are you, are you
Coming to the tree
Where the dead man called out for his love to flee.
Strange things did happen here
No stranger would it be
If we met up at midnight in the hanging tree.

Are you, are you
Coming to the tree
Where I told you to run so we’d both be free.
Strange things did happen here
No stranger would it be
If we met up at midnight in the hanging tree.

Are you, are you
Coming to the tree
Wear a necklace of rope, side by side with me.
Strange things did happen here
No stranger would it be
If we met up at midnight in the hanging tree.
Aside from being an eerily old-fashioned, even ancient-sounding piece created by Collins in the first decade of the 3rd Millennium, this song is a metaphoric foundation of a rebel dirge—a cross between Irish & Scots that is, in fact, somewhat characteristic of Appalachia.   The “man who murdered three” who was hanged on the tree, the man on the tree singing for his love to join him, was no ordinary criminal but a rebel, a revolutionary against the strong centralized government of Panem.
In the Germanic/Celtic tradition, hanging was the form of human sacrifice preferred. Even to commit suicide by rope was to identify with the God Odin/Wotan, who once, for nine nights hanged himself on a windy tree, “a sacrifice of myself to myself” as the Skaldic texts recited—the tree in question, the Linden Baum, was for a long time associated with hanging, suicide, and sacrifice, even into the 19th century where it figures in Franz Schubert’s song cycle “The Winter’s Journey” (Die Winterreise), never more ably performed than by the just recently departed Dietrich Fischer-Dieskau.  The identity of the Hanged Man, even in Tarot card readings, with Christian sacrifice and prophecy seems inescapable.
In Suzanne Collins’ Hunger Games (Vol. 3) the Hanged Man’s murders were not homicides committed in passion, then, nor for mere material/commercial gain, but were almost certainly acts of revolutionary defiance: SIC SEMPER TYRANNIS, probably the shooting of Capitol officials, Capitol Peacemakers, Coal Mining Company, or possibly even organizers of the sacrificial Hunger Games themselves.
I think Suzanne Collins is clearly commenting on the present for thousand different reasons, not the least of which is that, in the world of the Hunger Games, private ownership of guns and even bows and arrows is strictly forbidden, punishable by death…..GUN CONTROL by the Experts like Mao Tse Tung, Stalin, and Pol Pot, but being implemented today by the Senate, by the Department of State under Hillary Clinton, and by your favorite President and mine, Barack Hussein Obama, aka Barry Soetoro, the child of a Kenyan Communist who grew up in Indonesia to become the first truly African (by his origin more than his race) President of the United States, and the first completely and overly anti-Constitutional, and anti-Capitalist, Dictator of the Proletariat.
In any event, in the song above, the Hanged Man’s public execution was punishment, but, as more importantly, the song itself, above, that Katniss sang to the mute victim of oppression, was banned an effective way to deter anyone thinking of joining the freedom fighter/terrorist’s cause.  Capital punishment, the death penalty, here became employed as Capitol punishment, a means to ingrain and inculcate fear in the districts of Panem, fear of the consequences of resistance and rebellion even stronger than the common people’s hatred of their masters.
In essence, then the song, ‘The Hanging Tree’ calls on the living who love freedom to join the martyred freedom fighter in putting their holy cause above concerns for their individual lives.  Every bit as much as “La Marseillaise,” the Hanging Tree is an invitation to revolution, i.e., to risk death in the hope of a greater life—even recognizing that it will not JUST be impure blood that stains the ploughed furrows of the fields.  I hope that someone will put the Hanging Tree to a tune where it can become a national hit, so that Suzanne Collins’ brilliant insights, first published in 2008, the year of Barak Hussein Obama’s ominous election as the American Mao, will not simply recede into popular culture history, but will actually motivate the creation of….dare I say it, a NEW BIRTH OF FREEDOM in this country—and that her warnings against the evils of absolute centralization, totalitarian dictatorship (an all Powerful President limited by neither the power of Congress nor a viable Supreme Court), will be heard by many and will herald the arrival of one who will live (or live and die, as may be necessary) to overthrow this menace and restore the American Republic to the real and authentic American people.
As summer begins, I would wish everyone a Happy Johannisnacht, Johannistag, Saint John’s Day this June 23-24, and to remember the Voice of Him that Cryeth in the Wilderness, Prepare ye the Way of the Lord—Make straight in the Desert a Highway, for our God.  It might not be a bad time to read the opening chapter of the Gospel of Mark…. even though it is always good to remember also what the prince of peace once said in Matthew 10: 34-39
Think not that I am come to send peace on earth:
I came not to send peace, but a sword.
For I am come to set a man at variance against his father,
and the daughter against her mother,
and the daughter in law against her mother in law. 
And a man’s foes shall be they of his own household.
He that loveth father or mother more than me is not worthy of me:
and he that loveth son or daughter more than me is not worthy of me. 
And he that taketh not his cross, and followeth after me, is not worthy of me. He that findeth his life shall lose it: and he that loseth his life for my sake shall find it.
or else what I consider a closely parallel text in John 12: 23-27:

Verily, verily, I say unto you, Unless a grain of wheat fall into the ground and die, it abideth alone: but if it die, it bringeth forth much fruit. He that loveth his life shall lose it; and he that hateth his life in this world shall keep it unto life eternal.  If any man serve me, let him follow me; and where I am, there shall also my servant be: if any man serve me, him will my Father honour.

And above all,  never stop praying for justice—even when the Judges won’t listen, or even when they try to shut you up, as they do, with increasing frequency, in the early stages of the establishment of PANEM in North America….:

Luke 18:1-8

18 And he spake a parable unto them to this end, that men ought always to pray, and not to faint;
Saying, There was in a city a judge, which feared not God, neither regarded man:
And there was a widow in that city; and she came unto him, saying, Avenge me of mine adversary.
And he would not for a while: but afterward he said within himself, Though I fear not God, nor regard man;
Yet because this widow troubleth me, I will avenge her, lest by her continual coming she weary me.
And the Lord said, Hear what the unjust judge saith.
And shall not God avenge his own elect, which cry day and night unto him, though he bear long with them?
I tell you that he will avenge them speedily. Nevertheless when the Son of man cometh, shall he find faith on the earth?

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

Old Gossip, Still Floating Around—I deny it (again) just for the record—and discuss some Patriot Myths….

Gossip about me and Orly Taitz remains on the web, which just shows how completely uninformed and stupid information on the web really can be, and how much damage it can do over the long run.  I just discovered a little bit of remnant misinformation tinged with stupid insult that I think needs to be addressed:

“Charles Edward Lincoln III was Orly Taitz’ Law Clerk during her representation of Maj. Stefan F. Cook and Capt. Connie Rhodes. He is thought to have been the author of her Motion for Recusal which wound up costing her $20,000 in sanctions.

Now the simple truth is this: Orly and I had a big fight about that motion and SHE is the one who insisted on going around insulting Judges—I tried as hard as I could to restrain her myself.  As I have stated many times, I grew up in a family with several Federal Judges as friends in Dallas (including Sarah Hughes and Barefoot Sanders).  I lived near and met U.S. Judges around Tulane and Harvard, I studied under some present and (at that time) future Judges at the University of Chicago.  While I was at law school I served a term as an judicial extern to Judge Stephen Reinhardt of the Ninth Circuit Court of Appeals (it was one of the greatest intellectual experiences of my life) and after law school I held an ordinary judicial clerkship with Kenneth L. Ryskamp on the United States District Court for the Southern District of Florida.  During all of these experiences, I came to know and worked with judges whom I deeply respected.  

Now I have never had much use for the common California practice of holding lawyers in contempt for insulting Judges or the Judicial process, but I did find a funny case history about such a case of undeniably counterproductive (if extremely revealing) contempt just yesterday on the first day of summer, and I highly recommend it as instructive and fairly amusing reading: Hanson v Superior Court.  Either we need more lawyers like this Hanson guy, or we really don’t need any lawyers at all—I wonder which it is?

Anyhow, back to the piece above accusing me of being responsible for Orly’s sanctions: NOT.  Definitely not.  I suspect Orly and Yosi spread this bit of malicious gossip themselves, but it just ain’t so, folks….

I certainly started the motion and provided her with all the citations she ever used (including the Cohens v. Virginia Citation about treason against the Constitution: Cohens v State of Virginia) and with some of the text (I have done motions to recuse before), but I did so fighting with her every step of the way.

Before she attacked Judge Clay D. Land in Columbus I as already fighting with her about the need to respect the Judges before whom we appeared.  I was totally opposed to her attacks on Judge David O. Carter (who I thought was a wonderful judge, and still think is one of the best, certainly in Orange County, possibly anywhere).  Orly claimed that HER SUPPORTERS wanted her to take a strong stand against the Judge in the Connie Rhodes case, and that she had to do what HER SUPPORTERS wanted to.  Many of these were retired military types who (understandably) hated and loathed Obama with a purple passion, and that’s why they were Orly supporters.

I called this “litigation by Patriot pod committee” a very dangerous strategy and technique to proceed, especially since most of these folks were just barely off the “everything in the Courts is admiralty” boat and shouldn’t be trusted as legal or constitutional advisers.

For those neither involved in nor familiar with the Patriot-Constitutionalist Conservative movement, I make reference here to one of the stupidest and most counterproductive of all “Patriot myths” about the Courts and legal system: namely that the Courts are all operating (secretly) under British Admiralty Law, that the “BAR” stands for “British Admiralty Registry”, and that the United States government is secretly still controlled, through the operation of Admiralty law, by the Queen of England.  I originally thought the only possible origin of this myth was in amazing overdoses of cocaine mixed with bourbon, but after Hurricane Katrina I had occasion to settle a number of property loss cases in New Orleans and vicinity and saw admiralty terms in the settlement agreements.  Of course, I asked what was going on, with these very normal and  (as respectable as they can be) insurance lawyers.  It turns out that the “admiralty” and “British Influence on the Courts” myth actually has some historic foundation in the post World War II development of the Southern USA Oil Offshore Oil Industry, more than JUST BP’s involvement in drilling wells, and that it is this kernel of truth which has just provided enough historical grounding in the history of the Southern USA Oil business that the “British Admiralty Registry” myth won’t go away easily or die a natural death, as it certainly should.

Anyhow, I totally disclaim any responsibility for Orly’s unwarranted attacks on Judges.  If she had ever really listened to me, her litigation would have been conducted in a much better researched, more dignified, and more responsible matter, but she was basically out there to become “famous or infamous”, just so long as she got headlines.   As I have written before, I now think that her entire involvement in the Article II eligibility movement was designed to derail Philip J. Berg and to discredit the real constitutional lawyers who were trying to expose Obama’s crimes and lies—before the really got serious, as they have in the past year.  

In my opinion, Obama probably owes his survival as President to Orly Taitz’ completely incompetent litigation show.  I think this was an intentional plan from the very beginning concocted by Orly and her husband Yosi, and that Orly is neither a genuine conservative nor a Constitutionalist in any sense.  I have yet to see firm evidence that Orly is a spy either for Israel or China, but I strongly suspect that she is working for some foreign agent to weaken and destroy America by making a laughing stock out of true conservatives.

Many of us are convinced that those who keep on purveying the “Everything is Admiralty” and “the USA is under British” (or in the alternative, or in addition, Vatican) control are likewise acting as agents for the government.   Some of them are just illiterate.  Anyone who completed the most elementary secondary education in Latin, of course, winces with pain when some of the modern patriots claim that our “inalienable” rights (in-ale-e-en-able) should be read as “unalienable rights” (un-a-leen-able) rights, interpreting that ancient concept of natural birthright to a commercial notion of “rights upon which no lien can be imposed.”  This is the purest poppycock but people persist in believing it.  Just like some people think that Orly is still really working AGAINST Obama.

We have moved back our New Orleans Seminar to the end of July, and we will have a panel discussion on Patriot Myths at that Seminar.  Patriotic Shreveport Louisiana Lawyer Tommy Cryer died a couple of hours after I talked to him the night he agreed to appear at that Seminar, and I intend to dedicate a part of the Seminar to his memory.  Cryer, along with Larry Becraft and Donald W. MacPherson, was among the top anti-IRS Lawyers in the United States, and an inspiration to many people fighting this corrupt system around the Country—but Orly was NEVER on their side, or interested in their work or what they had to say, more’s the pity…..

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.

The First Day of Summer, Reflections on the Solstice, the 797th Anniversary of Magna Charta, Juneteenth, the Committee of Five, with only six months left until the End of the World as we Know it?

The Summer Solstice 2012 

(and the countdown for the last six months before Winter Solstice 2012 and then—the great yawning abyss of the time which comes after the end of time?—- or was it a great a yawning abbess who didn’t know what time it was, I can’t remember…. a really big abscess? a yawn exposing an abscessed tooth that went without treatment for too much time?  Whatever….)

At 23:09 (11:09 PM) Wednesday night in London, the earth reached its maximum northward axial tilt of 23 degrees and 26 Minutes—so I guess the time was about 4:09 in the afternoon Pacific Daylight time.  So today, June 21, 2012, is the First Day of Summer and soon with come the day of Saint John the Baptist.  Summer berries have come out all over northern Europe and so one of my favorite distinctively German drinks, Johannisbeersaft (Johnny Berry Juice?) can now be made in season…. Nun aber kam, Johannistag… as Hans Sachs sings on St. John’s night in Richard Wagner’s Die Meistersinger von Nurnberg…..Knowing the nearly thousand year history of the Master Singers of Nuremberg and having grown up on Wagner’s opera, I think I have written here before how terribly disappointed I was upon being invited there for the first time (just two weeks after my Harvard Ph.D. graduation where the German Chancellor Helmut Josef Michael Kohl delivered a commencement address, coincident with the previous year’s collapse of the Berlin Wall and my receiving a Volkswagen Fellowship to the University of Bonn that year and summer) to a private tour of Die Meistersingerhalle in modern Nurnberg on Johannistag 1990 I came face-to-face with a totally modern building, neither more nor less interesting than the Wang Center in Boston, the Dallas Theatre Centre or the Dallas City Hall, or the Los Angeles Civic Center or the LA County Art Museum, or Lincoln Hall itself in New York City.  Today’s Meistersingerhalle was built in 1963…. Historic, Mediaeval and Renaissance, Nurnberg having been essentially erased from the map, like most German cities, in the allied bombings of 1944-45, because we were the civilized and morally superior conquerors of a nation which…. had bombed but never totally obliterated even one single British Western European City….

I was jealous of a friend today, an old Harvard Colleague John W. Hoopes who was headed from Kansas to Chichén Itzá on this Summer Solstice…. The Yucatec Maya marked the solstices and equinoxes at their greatest architectural monuments with a variety of symbolic architectural and iconographic contrivances…. the Maya obsession with time has recently “gone global” of course with the Baktun 13 2012 End of the World “HYPE”othesis…  As I told John, I don’t accept the Thompson correlation of Maya and Christian calendars, and since I don’t believe that Baktun 13 is ending this year at all, I wouldn’t be worried even if I DID believe that Baktun 13 was going to be the end of the world (because under the 11.3.0.0.0 or Vaillant correlation, Baktun 13 won’t happen for at least another 256 years, and I, for one, plan to be dead by then….no matter what anyone else has to say about my plans….).  John is a member of the Sons of Confederate Veterans, so he’ll understand if not forgive some of my discussions here…..about the history and mythology which shape modern times.

The eleven days of June 11-June 21 mark critical events in the history of our Anglo-American constitutional democracy.  

THE SURRENDER OF THE LAST CONFEDERATE CITY & SEAPORT (Galveston, Texas) on June 19, 1865

Strangest and most imbued with historical mythology rather than real historical significance among these days is the most recent: Juneteenth.  June 19, 1865, was a day in history that two of my sixteen great-great-grandparents (my mother’s father’s paternal grandparents) actually witnessed as children in Galveston, Texas.  Juneteenth happened on the date of the surrender of the last Confederate seaport and city of any consequence (namely Galveston, Texas), two months and ten days after General Robert E. Lee’s April 9 surrender at Appomattox Courthouse in Virginia.

Galveston surrendered that day without a fight, and the Union Navy officers read and proclaimed that all slaves had been freed effective January 1, 1863 (which happened to be the New Year’s Day that the Confederates, in what was known as the “Battle of the Cottonclads” RETOOK Galveston back into CSA sovereignty from an early naval occupation by the US forces, keeping it until this final surrender of the war).    It now seems that 31 States around the country celebrate the surrender of Confederate Galveston, to wit, as of 2009, it was announced that “Kansas will join Texas, Florida, Oklahoma, Delaware, Alaska, Idaho, Iowa, California, Wyoming, Illinois, Missouri, Connecticut, Louisiana, New Jersey, New York, Colorado, Arkansas, Oregon, Kentucky, Michigan, New Mexico, Virginia, Washington State, Tennessee, Massachusetts, North Carolina, West Virginia, South Carolina, Vermont, Nebraska and the District of Columbia in recognizing the end of enslavement in America,” states Rev. Ronald V. Myers, Sr., M.D., Chairman of the National Juneteeenth Holiday Campaign.

Of course, the historical and legal fact is the Constitution of the United States did not allow the 16th President, or any of my other distant cousins, the authority to free the slaves by proclamation.  I don’t know whether the Emancipation Proclamation was the first “Legislative Decree” issued by any President of the United States in plain violation of separation of powers, but it was certainly one of the most far reaching, ever.  The Modern Equivalent, if the reader can set aside her or his emotional reactions to slavery, would be if a President decreed that, as of a certain date, New Yorkers, Californians, Pennsylvanians, and residents of Connecticut and New Jersey could no longer own or operate cars.

I fear that President Obama probably believes that he can issue such an order. What I fear even more is that the Congress and Supreme Court of the United States might ALLOW him to issue such an order, to let it stand.   Obama might well do so in the interest of reducing traffic and air pollution in the two most densely populated and heavily congested traffic areas of the United States, but the constitution simply does not allow it.  And the Constitution never did allow the President to change the internal laws of the several states.  No President today could alter the abortion or divorce laws of the individual states of the Union, no matter how strongly he felt about it, no matter how much popular support there was for such a move, and no President, in a democratic society SHOULD have the power to (a) legalize or (b) criminalize any kind of property ownership in the individual states or nationwide.  President Abraham Lincoln was, sadly I say this, the first truly criminal President the United States ever had, in that most of what he did, he did outside of the law, but President Abraham Lincoln was NOT, by any stretch of the imagination, the last truly criminal President of the United States.  Which brings us to the interesting question, who was the last completely constitutionally compliant President of the USA, and the answer might just be, either James Buchanan, or just possibly Grover Cleveland…. Rutherford B. Hayes and some of the other late 19th Century Presidents didn’t do a great many unconstitutional things…. but Rutherford B. Hayes cannot be counted as a constitutional president since he won neither the electoral nor the popular vote of 1876 but lost both to one of my lifelong heroes, Democratic President Samuel J. Tilden, Governor of New York, who won both the popular and electoral votes, but refused to plunge the United States into another great war (which, in 1876, would have been  “Civil War” in the true historical sense, compared with the English Civil War of 1642-1649 that the American War Between the States of 1861-65 never was….)

The New York Times published on Juneteenth this year a disturbing article “Southern Baptist Convergence” advocating the notion that history must be rewritten to accommodate a certain view of “Black Pride” and Communism:  “If conservative evangelicals are serious about making common political cause with black Protestants, they must revise their expectation that a free market and and a population that obeys their particular reading of scripture will correct the injustices ingrained in American society. They must rethink their approach to America’s history and its modern-day problems.” (http://campaignstops.blogs.nytimes.com/2012/06/18/southern-baptist-convergence/?nl=opinion&emc=edit_ty_20120619)

The rewriting of history as a precondition for political and religious realignment should be a deeply disturbing notion to everyone.   I for one DO favor constant historical revisionism, but I know that it cuts both ways.  As suggested above, for example, I do not consider my namesake and distant cousin Abraham Lincoln to be a great President at all.  In fact, I would rate him as something of a monster.  The Sixteenth President, Abraham Lincoln suspended the guarantees against false and illegal imprisonment embodied in the Great Writ of Habeas Corpus (one of the great heirlooms of Magna Charta, see below, Clause 29, to be precise).  The Forty Fourth President of the United States, Barack Hussein Obama, has all but abolished the writ of habeas corpus entirely under the guise of the National Defense Authorization Act (last year’s Senate Bill 1867) which authorizes indefinite detention without charges or trial.

THE COMMITTEE OF FIVE

In 1776, actually since about 1763, the second largest English Speaking population in the world felt that it had not received its fair inheritance of the Rights and Liberties of the English people.

The Virginia Resolve of 15 May 1776 was passed by the Fifth Virginia Convention in the old House of Burgesses at Williamsburg. This historic three-part resolve became the basis of action plans for three America-wide measures later recommended for adoption by the Continental Congress. The three measures addressed were: [i] Independency; [ii] Diplomacy; and [iii] Confederacy.

Richard Henry Lee, head of the Virginia delegation, was “instructed” by the Virginia Convention to move the Virginia Resolve as a Congressional resolution to be adopted on behalf of the Grand American Association of the thirteen United Colonies of North America. The timing of its introduction before Congress was left to the discretion of the Virginia delegation.

Lee laid the Virginia Resolve before Congress on the Monday morning of 27 May 1776, along with a similar resolve submitted by the North Carolina delegation, adopted the previous month at North Carolina’s Halifax Convention, and dated 12 April 1776. On 27 May 1776, both resolves were “read” and “ordered to lie on the table.” This event marked the day that two colonies served that semi-outlaw Congress with  formal notice that the time had arrived for all the colonies, thirteen-as-one, to prepare and to make a break  from the sovereignty, and the reigning sovereign, of the United Kingdom of Great Britain.

Eleven days later, on 7 June 1776, in accordance with the parliamentary mode of introducing consideration of a new measure, the same Richard Henry Lee of the Virginia delegation “moved” the Virginia Resolve, which was duly “seconded” by John Adams of the Massachusetts delegation.

On this day and by this historic step the Virginia Resolve of May 15th, earlier tabled on May 27th, became the Lee Resolution of June 7th. After two days of protracted debate on the Lee Resolution, conducted throughout Saturday the 8th and Monday the 10th, the process culminated in a crucial, adopted resolve of Congress, enacted on the late Monday afternoon of the 10th.

By the resolve of June 10th Congress agreed to defer further debate on the Independency measure for three weeks, in order to give adequate time for each of the still undecided colonies to come to a decision on how to instruct its delegation on the three measures proposed. Within two days of this June 10th decision three interlocking committees had been established, one for each of the three measures in the Lee Resolution: [i] A committee to prepare a broadside manifesto to justify Independency declared; [ii] A committee to prepare a constitution for Confederacy; and [iii] A committee to prepare template treaties of mutual defense and commerce. Thus was the Congressional stage set for the decisive debate and vote on Independency expected to take place on Monday, 1 July 1776.

On June 11, 1776, the Continental Congress of that second largest English-speaking population in the world appointed Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston to the “Committee of Five”

Roger Sherman, Benjamin Franklin, Thomas Jefferson, John Adams, Robert Livingston

to draft a declaration of independence.    A famous painting by John Trumbull shows the presentation of the declaration to the full Congress by this committee on June 28, 1776:  John Turnbull's famous painting---famous for the history, not the great art.....

797TH ANNIVERSARY OF MAGNA CHARTA: 

The earliest of the key historical events in the Constitutional history of the Anglo-American world directly attributable with some historical confidence to this week were those which took place exactly 797 years ago (18th century adjustments in the English Calendar being ignored for the moment) June 15-19, by the Thames River in the far northwest corner of the County of Surrey in England. 

The name Runnymede may be derived from the Anglo-Saxon ‘runieg‘ (“running” or regular meeting) and ‘mede’ (mead or meadow). The name designates “a place in the meadows used to hold regular meetings” (the meetings were probably “running” in the modern sense, although in modern slang perhaps, “the place to go if you’re in the know” captures it better—it was only for the elite, to be sure, the landholding barons and the king).

What is certainly true of this place is than an ancient social institution or loosely structured organization analogous to the Viking “Thinga” (Allthinga), known in Anglo-Saxon times as theWitan, Witenagemot or Council met with the Kings of the South Saxons, the Saxons of South Ridge, and the Western Saxon (Sussex, Surrey,  and Wessex) from the 7th to 11th centuries took place at Runnymede.  The most regularly “running” meetings in the original Kingdom of England (United Angles & Saxons under the Kingdom of Wessex) started to institutionalize this place from time to time during the reign of Alfred the Great. The  Witan/Witenagemot, like the Norse/Icelandic Thinga (Allthing or the earliest Roman “Res Publica” including the Senatus & Quirites) normally met in the open air.  The political organ known as the Witan evolved and transformed itself in the years succeeding 1215, which all English speaking peoples take as the moment of conception of the birth of what later became known in England’s 13th century as “the place to talk” (in Norman French or) “parliament.”

At the water-meadow at Runnymede  in 1215, King John of England affixed his great seal to the Articles of the Barons on June 15 (the barons having entered and effectively “arrested” King John on June 10).  The barons in turn sealed the Magna Carta on June 19.  The charter indicates Runnymede by name as the place of its creation.  Although only three of its original 63 clauses persist essentially unchanged as part of modern British law, the Magna Carta had an inestimable historical impact on common and constitutional law as well as concepts of political representation also affecting the development of the modern parliament, not only of England, Scotland, and Ireland, the Congress and Legislatures of the United States, Canada, Australia, New Zealand, South Africa, and now dearly departed  Dominion of South Rhodesia/Republic of Rhodesia).   Indirectly, what happened at Runnymeade, through the influence of the British Empire, especially after the American Revolution and the Fall of Napoleon Bonaparte, has reshaped the political landscape of Europe, Latin America, and Japan, of the entire civilized, and democratic world, excluding only the most barbarous Arabic Kingdoms.  Tthis most barbarous list clearly includes the Kingdom of Saudi Arabia, America’s long-standing ally—because even America’s next likely war-target the Islamic Republic of Iran, possesses a Parliament composed of and representing “the propertied middle class” = bourgeois, the French Third Estate, which directly evolved together with the English Parliament due to the long association of England and France) and some of the most backwards and benighted African and Asian nations which possess neither parliaments nor congresses of any kind.

Three clauses of Magna Charta have survived for these 797 years, unscathed, as part of the law of Great Britain, only the last of these (“Clause 29”) having crossed the Atlantic into the American Constitution:

  • 1. FIRST, We have granted to God, and by this our present Charter have confirmed, for Us and our Heirs for ever, that the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable. We have granted also, and given to all the Freemen of our Realm, for Us and our Heirs for ever, these Liberties under-written, to have and to hold to them and their Heirs, of Us and our Heirs for ever.
  • 9. THE City of London shall have all the old Liberties and Customs which it hath been used to have. Moreover We will and grant, that all other Cities, Boroughs, Towns, and the Barons of the Five Ports, as with all other Ports, shall have all their Liberties and free Customs.
  • 29. NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the land. We will sell to no man, we will not deny or defer to any man either Justice or Right.