Tag Archives: Virginia

State vs. National Citizenship—the Fourteenth Amendment, Section 1 must be Repealed—Time to Bite the Bullet, Folks!

Donald Trump has won a lot of national support for his position that “anchor babies” are not U.S. Citizens.  https://www.yahoo.com/politics/birthright-citizenship-where-the-2016-127093585661.html

Despite their appetite for socialism and socialist engineering of U.S. Demography, I think it is fair to say that few if any the Radical Republican Framers of the Fourteenth Amendment ever dreamt of or envisioned a situation where millions of “huddled masses” and “wretched refuse ” types of people would come to America just to have babies to enroll in schools and obtain other welfare entitlements. 

No, the purpose of the Fourteenth Amendment was to create a national standard for citizenship and civil rights, and to abolish the notion that the States of the United States were equivalent to the “States” who obtain membership in the United Nations.  

State citizenship was the weakest point of Cousin Abraham’s Northern policy during the War:  while many Radical Republicans wanted to call Robert E. Lee and Jefferson Davis, and every other Confederate Officer and Politician, a “traitor”, these charges simply would not stick for one single reason.  From 1776-1868, the individual states were the ones which established and determined citizenship, and so Lee was right to think of himself as a Virginian (about a 10th or 12th generation Virginian, in fact) by both the doctrines of ius solis and ius sanguinis.  Jefferson Davis might have been born in Kentucky, but he was a “naturalized” Mississippian.  Pierre Gustave Toutant-Beauregard was a 6th or 7th generation Louisianian, like Lee, either by ius solis or ius sanguinis

So Lee and Beauregard were unquestionably citizens of their own home states, and NOT of the United States.  They might have been employed in the armies of the United States, or, like Davis, also officers of the United States Government in its legislative (Senate) and Executive Branches (where Davis was Secretary of War).

But by every pre-War understanding, the Confederate leaders were not CAPABLE of betraying a Country WHICH NEVER EXISTED.  Like the States they belonged to, the Confederate Leaders could resign from the service of the Union, but in no legal or moral sense could they be called “traitors” to it, because (at least before 1868) the UNION WAS NOT A SINGLE SOVEREIGNTY.  Yes, indeed, quite simply, there WAS no such thing as “United States citizenship” prior to the Fourteenth Amendment—just a very generalized “American” citizenship which dependent on the collaboration and contribution of the ratifying states.  And that is why “Birth of a Nation” (by D.W. Griffith) was so correctly named: a collection of closely cooperating and allied free nation-states (small Jeffersonian Democracies) went to war with each other in 1861, and they were, afterwards, at gunpoint, forced into one single new country.

This was the debate that framed Barack Hussein Obama’s Presidency—so long as he could convince (fool?) a majority of the people into believing he was born in Hawaii, he was eligible, under the ius solis doctrine of the 14th Amendment, to be President.  But if a ius sanguinis standard should be applied, Obama’s rather famous Kenyan father stood as an absolute obstacle to his eligibility.  So as Dinesh D’Souza had shown in his brilliant movie Obama 2016, Obama’s goal as President was absolutely to abolish both the identity and nature of American society and culture.  Now the 44th President effects this transformation largely through emotionally manipulative lies and psychological manipulation, rather than democratic process or law.

But, indeed, the language of the Fourteenth Amendment’s “citizenship” clause is clear enough in making “soil” more important than “blood,” and has been consistently applied by the Supreme Court for over a hundred years to mean that literally anyone born in the United States, for any reason, automatically is an American Citizen.  This is obviously a disaster for the Country and many have written about it, including the mad Texan elf of Clearwater, Florida, Robert M. Hurt, Jr.:

Trump Is Right: Anchor Babies Do Not Rightfully Become US Citizens

http://bobhurt.blogspot.com/2015/08/trump-is-right-anchor-babies-do-not.html

What Hurt proposes is essentially changing the law by reinterpreting the law, and this often does not work so well—and could in fact be described as the source of much of modern America’s woes—allowing the Supreme Court to say that night is day and day is night is getting old, 62 years after Earl Warren became Chief Justice, 113 after Oliver Wendell Holmes brought Massachusetts “progressivism” to the Court, paving the way for the New Deal for whose eventual triumph (through popularity over constitutional rigor) Holmes might be considered a kind of Prophet….

Among Holmes’ most famous pronouncements is that, “an experiment, as all life is an experiment” (Abrams v. United States, 250 U.S. 616, 630 (1919)).  Allowing, or even encouraging, population replacement—the “Browning of America”—is among the left’s favorite long-term social goals and experiments, and (admittedly) all of us who oppose the Browning of America are classified by Salon.com, the Huffington Post, and the New York Times, among others, as vile racist reactionaries. 

But I can live with that.  As far as the way out, though, as far as how White America can preserve itself, I don’t think that verbal games such as Robert M. Hurt, Jr., Donald John Trump, and many others will work.  

No, I always prefer dealing with issues directly and in taking a “full-frontal” approach.  The Fourteenth Amendment resulted from a massive war of Centralization of Power.  The only politician in MY LIFETIME who ever addressed the problem directly was San Diego Mayor and later California Governor and Senator Pete Wilson: who directly advocated repeal of the citizenship clause of the 14th Amendment during the 1980s.  He is almost totally forgotten now, but when I was in Law School, I remember thinking his approach was sound.  Repeal of the Citizenship Clause would be clear statement that unlimited immigration and population replacement via “anchor babies” is and ought to be intolerable.

People don’t realize it, but prior to the War of 1861-65 between the North and the South, MANY NORTHERN STATES if not most of them, DENIED CITIZENSHIP of any kind to blacks.  (the last state to have such a law was Oregon, which literally made it simply illegal to “be a negro” in the State of Oregon— to enter the state at all, under any pretext, was cause for imprisonment, fine, and immediate removal to the state lines upon release.

While “the Underground Railroad” was very famous, you might ask yourself, “if Abolitionist sentiment was so strong in the North, (a) why was the underground railroad “underground” and (b) why did it end up in Canada?  The answer is that since Northern States had enacted “no black citizenship” laws, being “free” in most places meant nothing. 

The way history is taught and discussed in modern America, it’s not always quite clear, but Chief Justice Roger Taney, in Scott v. Sanford was actually adopting a MERGER of both the Northern and Southern positions in his (plurality against Freedom for Slaves by Crossing State Lines) decision in 1857 (every Justice on the Court rendered a Separate opinion in that case). 

Justice Taney said that no negro could ever be a citizen of the United States.  So he was ALREADY (by usurpation) establishing a Federal rather than a state standard of citizenship—THAT IS WHY THE FOURTEENTH AMENDMENT WAS ENACTED—the whole War Between the States and 13th, 14th, and 15th Amendments to the Constitution can be considered an effort to Overrule the “Dred Scott” ruling— but what many people forget is that Taney had already taken the critical first step by attempting to impose NORTHERN standards of Citizenship NATIONWIDE— ironically, this ruling (if it had been allowed to stand) might well, would almost certainly, have had the bizarre effect of “outlawing” or depriving tens of thousands of free (and many slaveholding) blacks in Louisiana of their citizenship, professional licenses, and right to vote. 

So the real problem was Taney’s (1857, pre-War) judicial “stealth” transition from allowing STATES to determine Citizenship to his rather clumsy attempt to impose a NATIONWIDE standard for citizenship.  The Fourteenth Amendment was the “Radical Republican” answer to this. 

Ironic, isn’t it?, that when properly understood, the Fourteenth Amendment was just as oppressive to the Northern States as to the Southern States.  Northern States could no longer ban black people. (Although the remarkable State of Oregon did not repeal it’s African-exclusionary laws until 1926, and only ratified the Fifteenth Amendment until the centennial of that State’s admission to the Union in 1959)(Oregon’s 1844, pre-state, pre-war position on slavery was that all blacks, free or slave, should be whipped and lashed twice a year until they left the territory).

Former California Governor Pete Wilson, by contrast with both Roger Taney and Donald Trump, understood that and would have returned to the individual states the power to determine citizenship by repeal of the “birth clause” of the Fourteenth Amendment.  One can easily imagine, almost too easily, how permitting the states to determine citizenship would be nearly equivalent to allowing secession—because Hawaii, for example, could pass a law decreeing that no “Howlees” (i.e. Anglo-Saxon or other European Whites) could ever be citizens of Hawaii—and so effectively dissolve the ties between that improperly annexed Island State and the rest of “the Union.”  (Hawaii currently has the most radical and politically “real” and active secessionist movement in the USA).

Even if the States COULD determine citizenship, the balance of the 14th Amendment still protected everyone “subject to the jurisdiction” of the United States with regard to Civil Rights…. so even if there were no “national standard for citizenship” there could still be a “national standard for civil rights.”
 

March 23—THE DATE to Remember Patrick Henry in 1775, but today ( March 23 2013) it’s been 30 Years Since Ronald W. Reagan’s Star Wars, 15 Years since James Cameron “I’m King of the World” announcement after winning Oscar for Titanic…in 1945 the British “Black Watch” Crossed the Rhein….in 1925 Tennessee outlawed the teaching of Evolution

Of all these events in the 20th Century, I remember the last two most clearly.  While Ronald Reagan’s “StarWars” Speech in 1983 was inspiring and uplifting (even as I listened to it over the one and only well-functioning TV then extant in the general neighborhood of Chichén Itzá, Yucatán in the lobby of the Hotel Mayaland, though I was living across the street at Edward H. Thompson’s old Hacienda….), James Cameron’s “I’m King of the World” arrogance has always stuck in my mind as the single most obnoxious Academy Award acceptance speech I ever was sufficiently unfortunate as to have listened to (and I listened to that one from Casa del Mar on Seawall & 60th in Galveston, Texas).  Now, fortunately, Cameron’s obnoxious speech never really hurt anybody, no matter how much of an anal orifice he proved himself to be.

But, by contrast, Ronald W. Reagan’s Star Wars (aka “Strategic Defense Initiative”) could be called the end of even the MYTH of limited constitutional government in the United States.  Reagan on this date announced, authorized, initiated, and launched the most TRULY offensive program of Corporate Welfare in World History, without real immediate consequence but VERY intimidating to the rest of the world.  The Strategic Defense Initiative gave Reagan the excuse all neocons wanted to turn his platform of fiscal responsibility and limited government on its head.  The greatest irony of Star Wars was that it was such an impractical, impossibly theoretical plan for military development, that the primary beneficiaries were University Communities—where billions and billions in research money were poured into the neighborhoods of places like Harvard University, University of California at Berkeley, the University of Texas, and Stanford, so that (in effect) Reagan bribed all the academics who normally and nominally would have opposed him to support his excesses of spending and enlarging the U.S. Government through the most reckless economic programs ever in World History…. Star Wars, gave a huge boost to the “peri-academic” research communities around Boston Loop 128, Silicon Valley, and along the unimaginatively renamed “Research Boulevard” (Highway 183) in Austin, all of which might have remained stunted or even stillborn without Reagan (the great enemy of Welfare for the Poor) granting open ended credit as welfare to the Rich….

On March 23 in 1919—two major events took place which would shape the 20th Century: the Bolshevik (Soviet Communist) Central Committee or Politburo formed in Moscow, while on the same day Benito Mussolini organized the Fascist Party in Milan, Italy and took the reigns as its leader.  

As the memorial of “days that will live in infamy” goes, those were petty benign compared with 30 years earlier when U.S. President Benjamin Harrison opened up Oklahoma to the “Sooners” who lined up at the state borders and raced to stake their claims, thereby closing “the last frontier” in the lower 48 states anyhow (and obliterating the last of even the very modest concessions to the dispossessed Five Civilized Tribes of the American South, 55 years after the Trail of Tears from Georgia & Alabama through Mississippi and Arkansas…. or 1868 when the University of California at Berkeley was founded…. (ok, maybe that date wasn’t all THAT infamous…. but Berkeley for a while was certainly the center of that great Countercultural movement which took place in the 1960s…. from which America and the World have never really recovered….). 

March 23 was a great day in Streetcar history (I’m writing this while seated by the window at the Trolley Stop Café at 1923 St. Charles Avenue in New Orleans 70130).  In 1937 the Los Angeles Railway Co. started using PCC Streetcars (Presidents’ Conference Committee, replacing the famous old “Red and Yellow Cars” which once defined the Southern California landscape, from the time of Henry E. Huntingdon in 1901—-the LA Railway Co. finally went out of existence in 1958….in the wake of the ecologically and socially disastrous triumph of General Motors and the “car culture”). 

But forty years before Huntingdon’s trains started running in Los Angeles, in 1861, London began running its legendary tramcars, designed by the appropriately named “Mr. Train” of New York…. by some transportation history coincidence in 1922 the first airplane landed at the U.S. Capitol in Washington, D.C., while the streetcar itself was patented on this date in 1858 by E.A. Gardner of Philadelphia—the first U.S. Patent ever was issued was granted on this date to Joseph G. Pierson for a Riveting Machine….

In 1806 March 23 was the date when Lewis & Clark arrived on the Pacific Coast, the final goal of their epic voyage which began two years earlier in Saint Louis….

On March 23, 1808, Joseph Bonaparte, Napoleon’s brother, became King of Spain—the Bonapartist dynasty just didn’t last very long, especially in Spain….it was a dud….for better or for worst…

But from the standpoint of this Blog, of Deo Vindice and Tierra Limpia, the most important March 23 in world history was surely 1775, when Patrick Henry declared “Give me Liberty or Give me Death” at Saint John’s Church in Richmond, Virginia. 

In terms of musical culture, the highlight of this date was in 1743 when Georg Friedrich Handel’s Messiah premiered in London (a second “premier”—the original performance having been in Dublin, Ireland….).  Handel is an inspiration to those of us who aspire to be “late bloomers” in life.  In 1743 Handel was 58, five years older than I am now, having been born on 23 February 1685, with only 16 years left to his life (he died on 14 April 1759).  To me, Handel’s Messiah is the most inspiring major “operatic” kunstwerk/work of music prior to Wagner’s first “Wagnerian” opera Der Fliegende Hollander which premiered a century later (in Dresden in 1843), even if Handel’s was not “gesammt”.   As magnificent, innovative, and stirring as Mozart’s Magic Flute and Don Giovanni surely are, or Beethoven’s symphonies, I think that a real connexion can be made between the compositionally epic scale of the Messiah and Der Ring des Niebelungen, for example, or Wagner’s Grail operas…(Lohengrin, Tannhauser, Tristan und Isolde and Parsifal).

A Prayer for True Memory and History on the 206th Anniversary of the Birth of Robert Edward Lee, Commanding General of the Army of Northern Virginia, President of Washington & Lee University

Since December 9, 2012, I have been staying in the French Quarter, about a 20 minutes to half an hour leisurely walk to Lee Circle where a high pedestal support’s a statute of one of Virginia’s most famous sons, forever looking north because “you never turn your back on the enemy.”  My grandparents raised me to celebrate Marse’ Robert’s birthday and remember and study his life and heroism, both before, during and after the War Between the States.  I have never had any problem keeping his memory because I think he represents all the good values that were and ever could be called “American”—he was an exceedingly intelligent man of principles including loyalty and devotion, hard work, individual responsibility, skill and excellence.

This year I have not yet visited Confederate Memorial Hall, just south of Lee Circle.  It is probably the longest I have ever been in New Orleans without paying at least a quick visit, and there are many reasons for this but one is that it is no longer officially called “Confederate Memorial Hall” but has been recently rechristened “Louisiana’s Civil War Museum at Confederate Memorial Hall.”

Nothing is more insulting to Lee’s Memory or to the Heritage of the South in general and the Confederate States of America in particular than to refer to the War of 1861-1865 as “the Civil War.”  From the Southern adn Confederate standpoints, that War was as much the “American Civil War” as World Wars I and II were the “European Civil Wars.”   The analogy is fair enough only to the degree that after World War II, first the European Economic Community (E.E.C.) and then the European Union both sought to transform Europe into a new, single Continental Nation.  

The first movie ever filmed to be seen commercially by more than a million people was D.W. Griffith’s “Birth of a Nation”, released in 1915, based on a historical novel entitled “the Klansman.”  The new nation born during and after the War Between the States was a centralized Republic with a top-heavy Federal Bureaucracy modeled very generally on the economic controls imposed top down from the Imperial Central in the later Roman Empire in a manner which has come to be known as “Byzantine.”

On this 206th Anniversary of the Birth of Robert Edward Lee, son of  Governor Light Horse “Harry” Lee of Virginia, I pray that the honour and integrity of the South will be properly remembered, along with Lee’s individual, unique and irreplaceable, un-reproducable honour and integrity.  

I pray that people will start learning history more fully and accurately, and above all critically, with the understanding that the victors always write history, but that victory in war is not in fact justice in the eyes of God, despite what many of us, including many of us Southerners, believe about the value of “trial-by-battle” in the Mediaeval sense of “Justice by Duel.”  

Even in Mediaeval legal theory, Duels were ONLY fairly calculated to result in a decision by God when the two parties to the duel are equally equipped, armed, trained and skillful.  The armor and the horses had to be comparable and equivalent, and a weaker person had the right to appoint a “champion” to fight in his or her place, as Ilsa von Brabant famously did in Richard Wagner’s opera “Lohengrin” which even preserved the notion of combat only coming “at high noon” so that the sun would be in neither combatant’s eyes at the outset.   The title of one of the finest Western movies about a duel, Gary Cooper’s “High Noon” (1950) also retains this reference to the equality of the Sun God (Shamash) who presided over such duels (judicially approved and jury-supervised “trials-by-combat”) even in Ancient Akkad, Asshur (Assyria), and Babylon.

I pray that even under the Dark Skies of the Obama Presidency and all the propaganda coming out in this day and age, that a more just and inquiring notion of history will prevail in the collective, cultural memory of America, and that the virtue and dignity of the Southern and Confederate Constitutional position be realized and recognized, and the glory given to the Victorious Yankee North be tempered by the reality that northern industrialism produced the same identical level of misery and deprivation among white workers as was chronicled by Charles Dickens in England and Victor Hugo in France.  

I pray that people will understand that if we weep for Fantine and her plight in Les Miserables (published precisely in 1862, during the first full year of the War Between the States), we must also recognize the condition of “Free” labor in the North and Europe was in a hundred ways worse and more depraved than the plight of black slaves in the South.  If in no other, this is true in one major regard: only an insane slaveholder would really work his slaves to death, without caring for them as human beings, in that slaves were wealth and capital, and senselessly to destroy the life or health of a slave was like throwing gold into the sea or burning paper money backed by real gold (unlike the trash Federal Reserve Notes we use today).

By contrast, as shown in Dickens’ writings and Hugo’s, and as analyzed by Karl Marx and Frederich Engels and their followers, “free” laborers in the mid-19th Century in the North had no life-long security whatsoever.  

As soon as the “free laborer’s” strength or health should start to fail, that free laborer’s productivity declined or perhaps he was eaten up by the very machines he tended due to “assumption of the risk” by accepting employment.  The “Free Labor” capitalist therefore had a strong motivation to dismiss his worn out workers and throw them into the streets, a version of the “hellish life” captured in Les Miserables was worse than death itself. This reality was revisited (1998) by Joss Whedon in an Episode of Buffy the Vampire Slayer called “Anne” in which the residents of Hell work in a 19th Century style factory until they are exhausted and old (in just a short time as it turns out) and thrown back out on the streets of modern Los Angeles to live as homeless derelicts.

All these realities need to be weighed against the supposed virtuous abolition of slavery. And accordingly, I pray that people will begin to think and remember and reflect not only about the history of the 19th century, but of the 20th and even our own times.  Were we the victors REALLY the more virtuous parties in World Wars I and II, for example?  In World War I, the answer is a fairly certain absolute NO.  In World War II, the mythology has grown into a reality and even a political constitution and ecumenical social theory so thick that it is almost impenetrable.  

But if we look, again, at the details, and if we dare to compare the early German rockets or “Buzz Bombs” sent by Wernher von Braun against London in 1944-45 with the American A-Bombs dropped on Hiroshima and Nagasaki, I think we will see that the American weapons were a far more sinister manifestation of technology.  What about the senseless fire-bombing of Dresden in 1945 when the war was almost over?  

Then if we look at the Soviets, whom we supported, and what they did to their own populations (Stalin’s purge of “the Kulaks” for instance, beginning in 1928), was our side as a whole really better than the Germans?

Even if the worst stories are true about German antisemitism, “ethnic cleansing”, and other population reorganizations and purges, no one can state that the Germans actually moved or relocated anywhere nearly as many millions of people as the Soviets and their allies forcibly relocated from the German sectors of East and West Prussia, Silesia, Posen, Danzig, and Eastern Pomerania, even as millions of Poles were uprooted and moved East to replace the Eastern quarter of Germany, after 1945-46.  

The Germans of the Sudetenland were also expelled from their homes of time immemorial.  The thousand year old Eastern boundary of the German people was moved back across Poland and Czechoslovakia to fit Stalin’s plans.  Again, who was guilty of greater genocidal crimes?  Or did Stalin’s relocations of the Poles, the Belarus, the Ukrainians, and the Germans count for nothing?

An since the war, have not the Allied Powers faithfully reenacted the predictions of perpetual war as framed by George Orwell in “1984“?  Have not the Communists become indistinguishable from the Corporate leaders they supposedly fought to overthrow as Orwell similarly predicted in “Animal Farm“?  Is there not evidence that, at least since Pearl Harbor and possibly since the explosion of the Battleship Maine, the United States Government has staged more than a hundred years of False Flag attacks against its own people to make certain that this condition of perpetual warfare exists and that there are more and more justifications (like the Sandy Hook shootings in Connecticut most recently) to curtail the fundamental freedoms and liberties for which George Washington, and Robert E. Lee, spent their lives fighting?

I pray that Americans will start waking up and thinking about reality, and observe the contradictions inherent in all things, but especially in our official versions of history, and that we will work to examine our past, our present, and our futures to discover and establish deeper and more meaningful truths about the sad story which is the epic of human history.

May everyone in the World in fact look to Robert Edward Lee and the Confederate States of America as emblematic of justice defeated, of liberty lost, and of the dangers of using imbalanced thinking and propaganda as tools of social change. 

As I have written a thousand times if I’ve written it once: Chattel Human Slavery was abolished everywhere in the world (as an openly and officially legal institution, anyhow….) between 1790 and 1930. ONLY in the United States of America did the abolition of legal chattel slavery result in war, and what a coincidence that this happened 13 years after the Communist Manifesto, in a Republican Administration with so many German Communist refugees from Europe in charge, and with Karl Marx’ official blessings and endorsements—none of facts which are EVER taught in American Middle or High School history classes…

Historical Notes for January 17, 2013

Today, January 17, 2013 is a day with historical relevance to many schisms. In A.D. 395, the Emperor Theodosius died in Milan (then known as Mediolanum). His two sons Arcadius and Honorius split the Roman Empire (whose capital was no longer “Rome” but Milan and Constantinople). Then on this day in 1377, almost a thousand years after the division of the Eastern and Western Empires), Pope Gregory XI moved the seat of the papacy back from Avignon to Rome. In 1648, the Roundheads in the Long Parliament voted to terminate negotiations with Charles I, leading to the English Civil War, and one year later, on January of 1649, the execution of King Charles “the Martyr” Stuart. Finally, today is two days before Robert E. Lee’s 206th birthday (January 19, 1807). When Robert E. Lee was my age, 52, he had not yet arrested John Brown or gone to Texas to command Fort Mason, which was to be his last active post as an officer of the United States Army before his major role in history really began after the secession of his native Virginia.
Today is also a day of infamy in two regards: on this day in 1946 the United Nations Security Council held its first session, building towards the establishment of World Government with effective force and power. In a not entirely unrelated event, 45 years later in 1991, President George H.W. Bush, former U.S. Ambassador to the United Nations and head of the C.I.A., falsely elected Vice-President with Ronald W. Reagan who had promised to get the U.S. out of the United Nations in 1980, launched what H.M. King George Bush I had expressly designed as a “New World Order” War with United Nations approval: the Gulf War Desert Storm in Iraq. I was totally opposed to that war and remain totally opposed to all its results and derivatives over the past 23 years of U.S. Empire Building in Western and Central Asia.

People Dream of Freedom when they Go to the Movies—and it’s been a big year for Anarchist Fantasies….Katniss & Peeta, Suzy & Sam, and now the Bondurants….

Aside from “Batman: The Dark Knight Rises”, it’s been a great year, so far, for anarchist philosophy in film.  Anarchism is a terribly misunderstood word: in historical and linguistic terms, “anarchy” does not mean or suggest, by any stretch of the imagination, a society without order or laws.  “Anarchy” is in no way whatsoever synonymous with “Chaos”, “Chasm”, or “Void.”

In Ancient Greek, “archon” was a rather generic title for a rule or lord, meaning and semantically similar in meaning to German “Fürst/Führer” or Latin “Princeps/Principio.”  “Archaeology” is the study of “beginnings” as everyone known, beginnings of humans anyhow, not quite as ancient as “Palaeontology” which the study of “Old Life Forms” including the “Dawn Horizon” (Eocene) at the border between geology and biology.   A Prince (princeps) is a Fürst is an Archon, in any event, and to believe in AN-ARCHY is to oppose Princes (Princeps, principes, Fürsts, or Führers), in other words to believe that society can exist without LEADERS who wield any sort of absolute or even decisive power.  That is why our leader under the Constitution was named after the person who simply “presides” over the Congress and government—indeed, the first to bear the Title “President of the United States” before George Washington were ALL merely parliamentary “presiders”… the individuals who maintained the order of debate, recognized speakers, hit the gavel for adjournment and such like distinctly NON-military, NON-coercive functions…. The Vice-President is still the President of the Senate and presides at Joint Sessions of Congress…. but the American President has become a Führer –and shows signs of being the office is showing signs of becoming an hereditary principality—with Roosevelts and Kennedys and Bushes dominating the political landscape for most of a century….

The basic conceptual link between “fürst” “princeps“, “archon“, “archaeology” and “principio” was the equation of “first in time, first in power, first in right” (compare George Washington “First in War, First in Peace, First in the Hearts of his Countrymen).  And there were those who wanted to make Washington a real “prince”, “fürst” or “archon“—among them pseudo-Monarchists such as Alexander Hamilton).   A similar semantic construct is the “council of elders” out of whom the “Princeps” may be selected, otherwise known as “the Senate.”  From Latin “Senectus” = Old Age/Old Man, cf. Cicero’s De Senectute “On Old Age.”

The Hunger Games came out with a bang on March 22, and Katniss Everdeen and Peeta Mellark became my favorite Anarchist leaders of the year (under the Tutelage of Haymitch Abernathy) until they were supplanted (not in my affections, or literary appreciations but in the movie theaters) by Suzy Bishop and Sam Shakusky (under absolutely nobody’s tutelage but the eventual protection of a brilliantly anarchistic but otherwise “sad, dumb policeman” named Captain Sharp played by none less of a long-time portrayer of anarchistic characters than that legendary Teuton from the cold and free side of the Rhine, Bruce Willis).   And this all happened in a very real 1965 spot in New England on the Fictitious Island of “New Penzance” under Wes Anderson’s really fairly brilliant direction and writing (with Roman Coppola).

But just Wednesday a new marvelous and historically founded paean to actual 20th century anarchism, appropriately called “Lawless”, celebrates the Virginia “Hillbilly” Bondurant Family from Franklin County (actually, they lived in the Hills east of the Blue Ridge, southeast of the Shenandoah Valley in Franklin County, so the hills were kind of low….).  Turns out that the book “Wettest County in the World” was written by a certain Matt Bondurant who was the grandson of the chief leader of the family.

Unlike The Hunger Games, it is largely devoid of mythological and epic references or archetypes.  Unlike Moonrise Kingdom it is neither allegorical nor atavistic.  Lawless simply celebrates the last time in the United States when a large portion of the population, the majority in fact, absolutely, positively, unquestionably recognized that “the law was an ass”.   Not only Catholics and heavy drinkers of every religion but ALL sane people opposed Prohibition and only perverted-to-pathological idiots and cynical criminals (both in and out of politics) actually supported it.  The current “War on Drugs” is in no principled way different from Prohibition, but the mechanisms of propaganda are such much more sophisticated these days that few people appreciate it.

But what unifies The Hunger Games, Moonrise Kingdom, and Lawless is this simple truth: JUSTICE IS AT ITS MAXIMUM WHEN ADMINISTERED BY THE PEOPLE FOR THEMSELVES WITHOUT ANY INTERFERENCE FROM THE GOVERNMENT—ANY GOVERNMENT.

Governments exist, in essence, to defend the people against wars, to enforce laws which make some of the people criminals and disenfranchise them to the benefit of those who either profit from or obtain their identity as “fürstin“, “principes“, or archons from the oppression of others.

Prohibition movies are an old trope, and there’s nothing all that extraordinary about Lawless except that it’s apparently, largely, mostly true…  But it DOES so totally fit in with my two leading movies of this year as a celebration of the nobility of the free human spirit to maintain freedom at the cost of blood…. and such values cannot be too often celebrated in these Modern United States of America where everyone seems to be enjoying the ride, enjoying the “protection racket” of the criminal government which has, for the most part, completely enslaved us, and does so no less (but always more) during each successive Republican or Democratic administration….

4-20 Focus on Cannabis and Confederates, Hitler and the Hunger-Games, the New Dark Ages, and Andreas Behring Breivik

Before writing anything else, I just want to reiterate a great big Cheer “Vive La France” for Marine Le Pen and the Front National in France.  The French National Elections are this Sunday, April 22, 2012, and although polls are not rating her as having much of a chance of winning, we can always hope that people lie to pollsters (as we know they do) and speak truth inside the ballot booth.  There was once a time when Jean-Marie Le Pen came in Second and the Established World went mad with fear that a real outsider candidate might have a real chance.  It was almost as crazy as the “Vote for the Crook, It’s Important” nationwide campaign to insure that Edwin Edwards beat David Duke in 1991, when Duke received over 60% of the White vote in Louisiana.  (Prior to serving his full ten year term for racketeering, the Federal Bureau of Prisons in its great mercy released Edwards from the federal gulag into a halfway house on January 13, 2011).  Marine Le Pen has none of Duke’s biographical baggages and the Old France is quite a bit more threatened by obvious aliens and outsiders today than the New France of La Louisianne  was in 1991, but the same forces of corporate industry and global homogenization have the same goal in both cases: KILL THE POLITICAL OUTSIDERS, let the real enemies of the people reign….  And no, of course, nothing that I’m saying has anything whatsoever to do with my theory of why I’m not on the California Ballot this year, absolutely, positively, nothing.

But today if 4-20, and as the show trial of Andreas Behring Breivik concludes its first week, I can only say that I am more convinced than ever that it IS a show trial staged precisely for the purpose of suppressing freedom in a uniquely European/Scandinavian way.  9-11 was too widely recognized in Europe for the staged fraud it was for the rail bombings in Madrid or the tube bombings in London to work again.  (France, as the world-leader in rational 9-11 doubt, was strangely immune to terrorist attacks—everyone old enough to talk in France knows what a sham 9-11 was and no one in that most enlightened country in Europe would be taken in by such a farce—but as PT Barnum is so famous for saying—no one EVER went broke UNDER-estimating the intelligence of the American people).

Just look at Andreas Behring Breivik making a pseudo-Nazi arm salute and then describing in such cool rational terms how he killed people.  Cui Bono Baby?  Would any rational thinking terrorist really imagine that killing a bunch of teenagers was going to garner sympathy for the cause of expelling non-Nordic immigrants from Norway?  Obviously Andreas Behring Breivik is NOT insane, as evidenced by his coherent and predictable patterns of speech and by his ability to follow instructions on courtroom decorum (such as “Don’t Make the Nazi salute anymore”, it upsets people).  But his explanation for what he’s doing is absurd.  Cui bono?  The only plausible beneficiaries of Andreas Behring Breivik’s attack are those who want to discredit his words.  The BNP, the Front National, and the German NPD certainly shy away from him, as do the National Democrats of neighboring Sweden.  Going around killing innocent people cannot CAUSE in the knowledge (which Breivik has affirmed) that you will become the most hated man in Norway is NOT a very effective way or means to become an apostle to cultural homogeneity.  Breivik’s trial has been scheduled in the week leading up to the French Elections….Marine Le Pen being the most effective anti-immigration leader in Europe, without any doubt—is this mere coincidence?  Anyone who studied how to kill people as calmly and as privately as Breivik did must have studied some history, and there is NO historical precedent or antecedent for mass random killings of completely innocent people leading to identity as a hero.  Sorry folks—if I’ve missed something out there, please let me know, but as far as I am concerned, Andreas Behring Breivik’s entire life story is part of the plot to make the descendants of the Vikings bow down and serve Mecca in much the same way that the Varangian guard once served the Byzantine Emperors.  It is to the Norwegian’s credit that they (unlike the Brits and the Americans) couldn’t be taken in by staged MUSLIM terrorist attacks), but in effect, they’ve just been taken in by the polar opposite….  And the fabled freedoms of Scandinavia will soon start to fade and diminish.  Sad but I guarantee you it’s true….

So the looming signs of the New Dark Ages come both closer and more obvious—Andreas Behring Breivik would not be giving Nazi-Arm Salutes if he were a real Nazi, he would not have chosen the targets he chose if he were a real Nazi, and this is, after all, Adolf Hitler’s birthday (4-20-1889).

The connection between Hitler’s birthday and Cannabis is one of the odder coincidences of history.  Why?  Some inconclusive evidence suggests that Hitler might (as many frontline soldiers in the Kaiser’s army did) have used Heroin during WWI, but otherwise his use of drugs is confined to having used various drugs during WWII, especially as the war went against him.

In the twisted and uneducated America today, what would you expect in the era of GW Bush & BH Obama, understanding of history is so confused in the popular mind that there is a tendency to conflate general notions of racism into one template. Confederates are considered equivalent to the Nazis and the Nazi forced labor of non-Germans in Europe to Southern American/US (i.e. “Confederate”) chattel slavery.  Critics of the Southern Confederacy have, on-line in this 150th anniversary year of Shiloh, gone so far as to claim that the CSA, if it had won the war, would have sought to extend slavery to Latin America and throughout the Western Hemisphere.  Such hateful, hate-filled fantasies seem likely to bear fruit in Tim Burton’s upcoming “Abraham Lincoln: Vampire Hunter“, and all I can say is—“will someone please help me organize a boycott?”  

The CSA Confederates and their Southern Patriotic heirs may believe in segregation of the races, and may even believe that Barack Hussein Obama is constitutionally disqualified to be and serve as Reich’s Fuhrer, I mean Chairman of the Central Committee and Supreme Soviet, I mean President…. but the Southern Tradition is one of individual freedom, not corporate tyranny.  Tennessee Williams, of course, saw a serious contradiction evolving in this tradition in the 1950s when he wrote Sweet Bird of Youth when Big Oil and other mostly “Yankee” Corporate Interests were taking over the South (especially early in Texas and Louisiana, but throughout the South after WWII)….

To a true Son of the Confederate State of America, there is nothing sadder than such confusion as links Confederates with Nazis, traditional southerners with corporate values or interests….because the reality is the extreme opposite.

The Confederates fought for Freedom AGAINST Centralized Government and Dictatorship, and modern Southern leaders, like the late Senator Strom Thurmond of South Carolina, were war heroes on the beaches of Normandy to liberate France in 1944.  In Lincoln’s Marxists, Donald Kennedy and his co-author draw intense comparisons between Abraham and Adolf.  They do not mention the ultimate irony that Judah P. Benjamin, a West Indian Jew, was one of the leading statesmen of the Confederacy, or that Florida’s David Levy was the very first Jewish American to sit in the United States Senate.  Levy County on the Florida Gulf Coast is named after this pioneering Hebrew settler of the Sunshine State, and by some irony Levy County is the site of the infamous “Rosewood” Massacre.   But really and truly, as I have recently written, All Americans are now living in “Greater Rosewood,” Levy County, Florida—we are all subject to summary foreclosure and eviction by force—from sea to shining sea, but it is NOT the Klansmen who are after us this time….it is the Banks….and their “servicers” of course…. 04-19-2012 Carrie Loft v Citigroup Global Markets Realty Corp et al Response to Order of 04-05-2012 and Motion for 30 day Extension of Time to file FAC.  

As I have also written here and elsewhere, the United States Federal Courts are unwilling to apply the Civil Rights Laws of the Land for the protection of white people, apparently because these laws only exist to foment racial discord and competition between Black and White (with some bones here and there thrown to fomenting conflict with Hispanics and Asians).   So long as the Banks and Banksters apply their vicious fraud equally to black and white alike, the courts will not recognize any violation of the civil rights of the people.  This too, is a sign of the Bush 41-Clinton-Bush 43-Obama Dark Age, descending upon us…

   The Nazis had certain ideals in common with conservatives throughout Western Europe and North America: the romanticized revitalization of indigenous European Culture, for example, rooting the spirit of progress in national pride and identity.  Such things are found in England, France, Italy, Poland, Russia, Greece, and Israel, not to mention in the United States and many countries in Latin America, or even post-Colonial Africa and Asia.

If that were all that Hitler’s Naziism had amounted to—resurgent national pride and rebuilding the nation shattered by the Great Depression (which effectively began in Germany immediately after Versailles in 1919 and never really ended).  Chancellor Sutler in V-for-Vendetta is a thinly disguised Hitler (“H” is the 8th letter of the alphabet starting with “A”, “S” is the 8th letter of the alphabet reciting backwards from “Z”).  Chancellor Sutler, like Hitler, believed in the power of the Big Lie.  But unlike Chancellor Sutler and his terrorism through “St. Mary’s” infection…. Hitler did more than merely terrorize his own people.  He went off to terrorize the French and the Poles.  Had Hitler NOT embarked on his war of extensive military conquest, Naziism might have been accepted and remained a “Third Way” in Europe.  Great Britain had guaranteed the integrity of Poland, and the 129 years of the Polish Partition was a wrong that deserved finally to be righted (one of the few things the Versailles Conference actually got right, surely, was the restoration of Polish national identity and autonomy).

But as a Confederate and Patriot of the American tradition, I cannot accept Hitler’s invasion and conquest of Poland, which started World War II, as even remotely legitimate.  One interesting thought is that Hitler must have had at least as clear an idea that invading Poland (and especially then invading the Soviet Union two years later, breaking faith with the after the Von Ribbentrop-Molotov Pact) would ultimately lead to his demise as Andreas Behring Breivik must realize that his slaughter of innocents would win him no friends either personally or for his cause.  

One could almost wonder and ask “cui bono” of Nazi Germany?  Nazi Germany led to the modern religion of Globalism, suppression of nationalism, and “we are one” suppression of the ideology of race-as-extended family, in short, of race as a biologically natural and real element of human culture and social identity.  World War II also resulted in the foundation of the state of Israel and the rise of a distinctly non-Christian ethos and elite in the world, which non-Christian ethos and elite clearly either needed and created or is now using and needs Andreas Behring Breivik in Norway, and George Zimmerman in Florida…  (not to make any comparison here—what Andreas Behring Breivik did in Norway was murder—intention killing of another person without justification or provocation of any kind, but what George Zimmerman did in Florida was, in my opinion, probably—almost certainly—self-defense, but it is being USED as a racially polarizing device and divisive event by President Barack Hussein Obama….).  

Going back to my April 13, 2012, essay on the Hunger Games and the New Dark Ages, and the comparison and contrast between the Hunger Games and V-for-Vendetta, the latter is clearly about Hitler-like totalitarian oppression, while the former directly concerns Confederate Rebels within an easily recognizable future North American Corporate/Centralized Government hegemony.

Confederates were not Nazis; they were not conquerors.  For all of Robert E. Lee’s fabled brilliance a military strategist, his best bet was to seize Washington D.C. and Maryland for the Confederacy in 1861-1862, when the northern armies were poorly organized and poorly led, but he and Jefferson Davis declined even to try to impose their will on Maryland and Delaware, slave states which had elected not to secede.   The Confederacy, it has often occurred to me, could and should have simply taken Washington D.C. right after the First Battle of Manassas/Bull Run, and taken over the capital there.  The War of 1861 might have then ended, perhaps with the Confederate Constitution replacing the new Federal Constitution of 1787 as Southern Sympathizers from Ohio, Illinois, and New York joined in. Slavery would have probably ended in the South by the 1880s or 1890s regardless, as it did in Brazil and the Spanish Colonies,but this is not consistent with Obama era anti-Confederate education, because Confederates were actually the original anti-Communists.  Worse (for themselves and the CSA) because Lee and Davis were dedicated to NON-CONQUEST IDEOLOGY, they gave up their best chances at winning in 1861-62.  By the time Lee invaded the North in earnest in 1863, there was no obvious purpose in doing so, no reasonable strategy, and once again, the chance to seize Washington D.C. and make it the Confederate Capital was lost.  Gettysburg ended that campaign and with it all reasonable hopes of Confederate victory, all reasonable hopes for the survival of the Confederate Constitution.

The Hunger Games, as I wrote last week, seems firmly rooted in the legacy of the vanquished 13 state of the Southern Confederacy, of which North Carolina was the state that sacrificed the most (suffering the greatest number of casualty losses, per capita, of any Southern State—Virginia lost more by number, but not as a percentage of the population, Florida lost the least, participating in the war hardly at all, Texas effectively won the war, maintaining its independence throughout, but surrendering on June 19, 1865 at Galveston, in spite of it all; New Orleans surrendered exactly 150 years ago this month, constituting the first great loss of the Confederacy, without firing a single shot, much as Paris was not defended in World War II—the French apparently like to save their beautiful cities from war-time destruction and mayhem…. consistently choosing discretion over valor….).

 But the Hunger Games also captured the coldly exploitative nature of the centralized government, in need of lots of “coal, minerals and row crops” as President Snow puts it while talking to the ill-fated game-master Seneca, who mistakenly thinks that “everyone likes an underdog.”

In the book, Hunger Games, which I finally started reading after seeing the movie last night for a seventh time in Santa Monica, suppression of private ownership of arms (even including ordinary bows and arrows like Katniss’) is a key an important aspect of the Government’s policy towards the people of District 12 (= Appalachia,  filmed in North Carolina).  

It was critical to keep the people disarmed lest they ever rise up against the establishment armies.  The people were forbidden effectively to feed themselves…. for fear that a well-fed populace might hunger for freedom….

In that connexion, I am today on my way to Fresno to work with members of the 4-20 cooperative there.  None of them, to the best of my knowledge, will be celebrating Hitler’s 123 birthday there this evening.  They have other problems.  The State of California has legalized medical marijuana but the Federal government continues to suppress it.  Just as in 1860, the Centralized Government wishes to suppress the farmers who supply a product much in demand around the world, to denigrate individual autonomy and local authority.  Unlike 1860, the states are weak, and in fact what I will face in Fresno is finding the ways and means to oppose the degree to which the Federal Government has skipped the state or effectively nullified state authority all together, and seeks to impose state law by collaborating with city and county authorities.

This is a Tenth Amendment crusade in the Confederate tradition: restore individual independence by building up autonomous farmers.  I personally haven’t touched cannabis as an intoxicant since July 1991, but the occasion when I did, in the Mary Martin Suite at the Hotel Pontchartrain in New Orleans, was one of the turning points in my life (and certainly it sounded the death knell of my marriage).  

But for the moment, I take pride in knowing that in 2012 as it was 152 years ago, real freedom and real liberty reside in the defense of self-supporting farmers away from the city and centralized economy and government.  This is the Confederate way, and the Confederate way is anti-communist and anti-Nazi, all at the same time as it is anti-Obama, anti-Bush, and generally antithetical to the Corporate establishment which rules America and Europe, and which has dedicated untold millions to the suppression of real individualists such as Marine Le Pen, and the creation of such fake individualists as Andreas Behring Breivik……

The New Deal: When Lawyers Became the Masters of our Destiny by Making Paper more valuable than Property

New Deal of Deception by Designation: “Security”                                  A Working Draft of Research in Progress © Charles Edward Lincoln Sunday October 23, 2011 

         The “New Deal” is the name given by political historians to the “recovery & relief” programs initiated during Franklin Delano Roosevelt’s first term as President (March 4, 1933-January 20, 1937).   While many of Roosevelt’s iconic “relief” programs, including the NRA, the WPA, and CCC were either struck down by the Supreme Court or repealed during World War II, the modern legacy of the New Deal includes some familiar names of the most powerful governmental agencies and programs.

The list of six most famous “New Deal” agencies which remain active today, still operating under their original names, includes (1) the Federal Deposit Insurance Corporation (FDIC), (2) the Federal Crop Insurance Corporation (FCIC), (3) the Federal Housing Administration (FHA), and (4) the Tennessee Valley Authority (TVA). By far the largest “New Deal” programs still in existence today are (5) the Social Security Administration (headed by the Independent “Commissioner of Social Security”) and (6) the Securities and Exchange Commission (SEC)—because these two “independent commissions” in essence control and define the modern economy.  All of these programs are tightly knit together in one single tapestry of centralization of economic “command and control”.

What each of these six programs had in common with the other was nothing less than the transformation of various areas of American life by redefining it, by altering the cultural and normative understandings of certain words, phrases, and standards of behavior and transforming the legal landscape, replacing the traditional Anglo-American common law with modern regulatory codes.  The trajectory of each program merits some attention and reflection here, from the most general program to the most specific and limited.

TVA: TEMPLATE FOR A CENTRALLY PLANNED FUTURE

         Most discrete and delineated territorially within the country, and yet most overwhelmingly powerful in regard to “cradle to grave” impact on the lives of those forming its target population, the TVA was the most comprehensive governmental regional reorganization and restructuring plan ever undertaken in world history, and remains the longest lived such plan (still operating up to the present day after almost eighty years as a major techno-economic and socio-cultural planning “corporation”).

Chartered by Congress during Roosevelt’s famous “First Hundred Days” (in May 1933), the TVA manifests, in essence, the ideal of the Centrally Planned Society: a region including parts of seven States in the Protestant Old South transformed and reshaped under the leadership of an ethnic Jew of Austro-Slovakian parentage named David Eli Lilienthal, trained at Harvard by fellow Austrian-born Jew Felix Frankfurter. Frankfurter was famous in teens and twenties as a socialist radical, paving the way for the New Deal by advocated “judicial restraint” in dealing with government misdeeds, including greater freedom for administrative agencies from judicial oversight…..  In practice, this meant that (as Roosevelt’s 1938 appointee to the Supreme Court as the third Jewish Supreme Court Justice to Replace Benjamin Cardozo) Frankfurter would generally uphold all executive branch actions, including those of administrative agencies and government corporations against all constitutional challenges so long as they did not “shock the conscience” (meaning of course, his own conscience).

After 20 years in government, establishing first the TVA and then the Atomic Energy Commission, Lilienthal worked for several years for the investment bank Lazard Freres, and in 1955, formed an engineering and consulting firm called Development and Resources Corporation (D&R) which took the TVA’s objectives worldwide: major centrally planned public power and public works projects. Lilienthal was able to leverage the financial backing of Lazard Freres to found his company. He hired former associates from the TVA to work with him at D&R.  D&R focused on overseas clients, including Post-Mossadegh/Early Shahist Iran, and similarly politically oriented “forced cultural evolution” or “regional development” projects to suppress regional dissent and thus support U.S. backed regimes or programs in Colombia, Venezuela, India, Southern Italy, Ghana, Nigeria, Morocco, and above all, South Vietnam.

Because of Lilienthal’s leadership, TVA is said to be the model which the State of Israel emulated in its reorganization and redesign of Palestine after 1947, and the Tennessee Valley Authority stands as the template for U.S. Overseas Development up through and including the reconstruction of Iraq after 2003—a nearly eighty year run.  Nothing quite like the TVA ever happened again inside the United States, however.

FHA: TO ABOLISH THE DISTINCTIONS BETWEEN CITIES AND URBAN AREAS

         After the TVA’s design to redefine 100% of the way of life in a general region, the next broadest program of the six surviving New Deal Programs has been the acquisition and maintenance of interests in housing.  Born of a depression wherein millions were displaced, providing housing for about forty years for tens of millions, the New Deal legacy in 2011 is a cloaked depression, or perhaps a planned “genocide” in which an astounding 30-50 million Americans are losing or have lost their homes acquired and maintained since the New Deal under the aegis of Federal Government Programs.

For its “constructive” part in the transformation, the Federal Housing Authority was a massive nationwide “lending” umbrella project to fund the mass construction of housing—it also could be called the “Suburban Genesis Authority” or “the Abolition of Urban-Rural Distinctions Authority.”  Just as the TVA transformed parts of the landscape from Virginia through Tennessee to Mississippi, the Federal Housing Authority played a decisive role in moving people out of the cities and off farms into the vast suburban wastelands which now occupy immense percentages of the most fertile farm land in the world and are increasingly marred by decay and degeneracy brought on by foreclosure and eviction—empty ruins being sold off through “Investment Visa EB-5” and “Green Card” sales to thousands of Arabic and Chinese foreign investors with interests hard to characterize or predict except with the wildest speculation.

The Federal Housing Authority was originally created by the National Housing Act of 1934, which was amended in 1938 (Roosevelt’s Second Term) to create the Federal National Mortgage Association “Fannie Mae”, which under Lyndon B. Johnson and Richard M. Nixon metamorphosized and split into “Ginny Mae” (Government National Mortgage Association”) and “Freddie Mac” (Federal Home Loan Mortgage Association) to “foster competition”, even though all three entities remained entirely government controlled and Freddie and Fannie are now [since their “renationalization” by executive fiat in September 2008] owned by the U.S. Treasury Department and controlled by FHFA (Federal Housing Finance Authority).

The Federal Housing Authority now exists within the Department of Housing and Urban Development.  “HUD” was established in 1965 among the first steps of Lyndon B. Johnson’s program called the “Great Society”, which was not coincidentally also the first major expansion of Government Centralization in the United States SINCE the “New Deal” (and also not coincidentally formed part of the same program as the Civil Rights Act of 1964 and the Voting Rights Act of 1965).  The Federal Housing Authority remains today the key government agency supervising the Banking Industry’s role in mortgage finance and securitization of home loans.

In short, the TVA was all about completely reconditioning and reworking technology, society and culture in one region considered particularly “backward” and in need of “development”.  And having done so without significant protest or expressions of pain, TVA, became the model for “foreign aid” for the development of “Third World” Countries, while the FHA was a more general program to restructure the urban and rural landscape by “stimulating” housing construction and lowering costs nationwide.  There are those who say that the housing foreclosure and eviction crisis brought on by Federal financial programs means that the time for a national TVA has finally come, and that the next “Third World Country” to be forceably re-engineered and developed is the U.S., except this time it will be a much more diverse consortium of Near Eastern and Chinese experts who will impose their own standards of “conscience” on our legal system and the interpretation of our constitution.

THE FOURTH BRANCH OF GOVERNMENT: INDEPENDENT COMMMISSIONS OR AGENCIES, INCLUDING THE SEC, SOCIAL SECURITY, IRS, AND FEDERAL RESERVE: UTTERLY UNCONSTITUTIONAL & CONTROLLED BY INDUSTRY INSIDERS

Regarding distinct onomastic pattern characterizes the list of six after the TVA “Corporation” and the sub-cabinet level FHA: two “Insurance Corporations” and two “Security Commissions”— (1) the Federal Deposit Insurance Corporation (FDIC), (2) the Federal Crop Insurance Corporation (FCIC), together with (5) the Social Security System and (6) the Securities and Exchange Commission (SEC).

It is worth noting that in 1933 the United States Government owned no corporations whatsoever, at least not “outright”, although it had certainly chartered and funded some, including the great transcontinental railroads in the 19th century and many large banks after the creation of the Federal Reserve System in 1913, and regulated many others, especially after the enactment of the Sherman Antitrust Act in 1890 and (never coincidentally, the establishment of the first “Independent Commission” namely) the Interstate Commerce Commission (“ICC”) in 1887.

With the aforementioned dominance of the great transcontinental railroads in the U.S. in the late 1800s, legislators in the several states established commissions to effectively supervise them. State legislators delegated power to unelected and “independent” commissions in the belief that “specialists” could more readily accumulate expert knowledge to regulate the railroads than the legislators could do on behalf of the people. However, when the U.S. Supreme Court in 1886 struck down an Illinois statute on railroad commerce involving neighboring states, the U.S. Congress intervened. Congress copied state “unelected industry specialist” approach and established the Interstate Commerce Commission (ICC) in 1887.  Congress authorized the ICC to issue orders regarding the rates set by the railroads and to enforce its orders in court.  The Constitutional authority for Independent Commissions under the United States Constitution of 1787, and as amended since then is, as the late Chief Justice Warren E. Burger once confided to me in 1993 in Palm Beach, Florida, “absolutely nil.”

However, no successful challenge to the existence of these “independent commissions” has ever been litigated through the courts.  For this reason, after the ICC, Congress established many more {independent} regulatory commissions in the early 1900s, to include the Federal Trade Commission (FTC), the Federal Power Commission (FPC), the Federal Elections Commission (FEC), the Federal Communications Commission (FCC), the Internal Revenue Service (IRS: Headed by the “Commissioner of Internal Revenue”), the Nuclear Regulatory Commission (NRC—which took over from David Lilienthal’s Atomic Energy Commission or “AEC” mentioned above), the Securities and Exchange Commission (SEC), and of course, last but not least, the Social Security Administration (SSA: Headed by the “Commissioner of Social Security”).  More recently many “Independent Agencies” such as the Environmental Protection Agency have been created, always preserving, for whatever reason, the three letter monogram style of name.

These Commissions almost always work closely with Executive Branch Cabinet Officers and Administrative Bureaucracy whose officers CAN be fired by the President.  Officers of the Independent Commissions cannot be discharged by the Chief Executive nor, at least not without impeachment, by Congress, although they serve for limited terms.  In “Constitutional Law I” at the University of Chicago with Judge Richard Allen Posner, we spent a great deal of time on the unsuccessful constitutional challenges to the Independent Commissions over the past century.

In blatant defiance of any principles of separation-of-powers, the independent commissions/independent “executive” agencies all both have and exercise powers that functionally parallel all three branches of federal government as established by the Constitution. These Commissions/Agencies legislate by publication in the Federal Register/Code of Federal Regulations when they adopt or enact their own regulations. The Environmental Protection Agency, for example, adopts or enacts regulations limiting pollution emissions by industry.

Independent agencies also carry out executive functions, such as when the Interstate Commerce Commission checks to ensure that trucks have proper safety features.  Finally, many officers of independent agencies act in judicial capacity in “administrative” courts when they hold hearings and issue fines for violations of their undemocratically decreed regulations. Their powers, however, are at least theoretically limited by Congress. Congress may alter, amend, or appeal legislation delegating authority to an agency. The president may remove the head of an agency “for cause” (but not for disagreement with policy or decisions).  Under the desperately deferential “Chevron” standard, the courts (also mostly theoretically) may (but only very occasionally do) declare agency action to be unconstitutional or outside the grant of authority from Congress.

While not officially described as an “Independent Commission”, the Federal Reserve is set up in exactly the same way as the others listed above, and for many of the same practical and political reasons, its de jure “independence” of the government means de facto dependence on the industry being regulated, namely in the Federal Reserve’s case, the banking industry. Like every other “Independent Agency,” the Federal Reserve is independent within government in that “its monetary policy decisions do not have to be approved by the President or anyone else in the executive or legislative branches of government.”  However, its authority derives from Congress and Congressional statutes and is subject to “congressional oversight.”  Additionally, the members of the Board of Governors, including its chairman and vice-chairman, are chosen by the President and confirmed by the advice and consent of the Senate. Congress and the President also exercises not insignificant political control over the Federal Reserve by appointing and setting the salaries of the system’s highest-level employees.

Thus the Federal Reserve Board is populated by Banking “Industry Insiders” and its chairman always hails from Wall Street in New York or at least La Salle Street in Chicago. Like the original ICC, the Federal Reserve epitomizes the government-and-corporate cooperation which is neither democratically controlled by the people through their elected officials for the public good nor permits any genuine “laissez-faire” free-market competition by the operation of any such primitive principles as supply and demand, never mind customer satisfaction with service.   “Independent Commissions” are quintessentially creatures of government “by the industry, of the industry, for the industry” allegedly being “regulated” in the public good.  “Independent Commissions”, in short, constitute a fraudulent and unconstitutional mixture of governmental authority and corporate (financial) power.

TRANSFORMING THE MEANING OF “SECURITY” FROM PRIVATE PROPERTY TO PUBLIC PROMISES