Posts Tagged ‘Harry Potter and the Prisoner of Azkaban’

The Commerce Clause part 3 of 4

October 24, 2009

by Dahni

© Copyright 10/24/09

all rights reserved

HOW can WE the People regain control of OUR right to “life, liberty and the pursuit of happiness?WE have been delving into what won’t work in order to find what will work. So far:

The List (simplified)

1.   Overthrow the government by a military coup or para-military militias?

2.   The 9/12 Project?

3.   Challenge ‘The Commerce Clause’? - This is where WE are

Last time WE looked at some of the background to this case which challenged the Commerce Clause and what was going on in the country and the world when it was decided.

Today: ‘The Commerce Clause’ – part 3 of 4

Many strict constitutionalists believe the Supreme Court decisions in ‘Wickard VS. Filburn’ were unconstitutional. What was more than a mere interpretation of the meaning of the word ‘commerce’ begs the question:

How did the federal government not just have the power to ‘regulate commerce,’ but command jurisdiction over the states?

Unfortunately, by 1942 when his case found its way to the U.S. Supreme Court, all but one justice had been appointed by President Franklin Delano Roosevelt. Justice Owen Josephus Roberts, a Republican, had been appointed by President Herbert Hoover. The Court was clearly in Roosevelt’s corner philosophically. The court’s unanimous decision in this case reflected New Deal logic.

I have now invoked the precious name or the precarious name (depending on your position), of Franklin Delano Roosevelt, or FDR. What did he have to do with the Commerce Clause, other than that he was president when the case of ‘Wickard VS. Filburn’ was decided in 1942?

FDRFranklin Delano Roosevelt, in his acceptance speech, declared:

Throughout the nation men and women, forgotten in the political philosophy of the Government, look to us here for guidance and for more equitable opportunity to share in the distribution of national wealth… I pledge you, I pledge myself to a new deal for the American people… This is more than a political campaign. It is a call to arms.”

Franklin Delano Roosevelt (January 30, 1882 – April 12, 1945), often referred to by his initials FDR, was the 32nd President of the United States. He was a central figure of the 20th century during a time of worldwide economic crisis and world war. Elected to four terms in office, he served from 1933 to 1945 and is the only U.S. president to have served more than two terms.

The election campaign was conducted under the shadow of the Great Depression in the United States, and the new alliances which it created. Roosevelt and the Democratic Party mobilized the expanded ranks of the poor as well as organized labor, ethnic minorities, urbanites, and Southern whites, crafting the New Deal coalition. During the campaign, Roosevelt said: “I pledge you, I pledge myself, to a new deal for the American people,” coining a slogan that was later adopted for his legislative program as well as his new coalition.

His inauguration on March 4, 1933 occurred in the middle of a bank panic, when all or almost all of the banking capital in the country was wiped out.  To this was the backdrop for his famous words: “The only thing we have to fear is fear itself.”

The Federal Deposit Insurance Corporation (FDIC), a United States government owned corporation was created by the Glass-Steagall Act of 1933. In 1934, the Securities and Exchange Commission was created to regulate Wall Street. Presidential, Executive Order 6102 made all privately held gold of American citizens, property of the US Treasury. This gold, confiscation by executive order was argued to be unconstitutional, but Roosevelt’s executive order asserts authority to do so, was based on the War Time Powers Act of 1917. Gold bullion remained illegal for Americans to own until President Ford rescinded the order in 1974.

The Social Security Act, established Social Security and promised economic security for the elderly, the poor and the sick. While Roosevelt balanced the “regular” budget, the emergency budget was funded by debt, which increased to 40.9% in 1936, and then remained level until World War II, at which time it escalated rapidly.

Withholding Taxes were introduced in1943.

Second term, 1937–1941

FDR may be the father of ‘taking it to the people’ when support in congress and/or the courts seem unavailable. This he did when introducing his family-like atmospheres and comfort setting radio broadcasts, called ‘fireside chats.’

Fireside Chat on Reorganization of the Judiciary, March 9, 1937

“That is not only my accusation. It is the accusation of most distinguished justices of the present Supreme Court. I have not the time to quote to you all the language used by dissenting justices in many of these cases. But in the case holding the Railroad Retirement Act unconstitutional, for instance, Chief Justice Hughes said in a dissenting opinion that the majority opinion was “a departure from sound principles,” and placed “an unwarranted limitation upon the commerce clause.”

What is my proposal? It is simply this: whenever a judge or justice of any federal court has reached the age of seventy and does not avail himself of the opportunity to retire on a pension, a new member shall be appointed by the president then in office, with the approval, as required by the Constitution, of the Senate of the United States.

That plan has two chief purposes. By bringing into the judicial system a steady and continuing stream of new and younger blood, I hope, first, to make the administration of all federal justice, from the bottom to the top, speedier and, therefore, less costly; secondly, to bring to the decision of social and economic problems younger men who have had personal experience and contact with modern facts and circumstances under which average men have to live and work. This plan will save our national Constitution from hardening of the judicial arteries.

The number of judges to be appointed would depend wholly on the decision of present judges now over seventy, or those who would subsequently reach the age of seventy.

If, for instance, any one of the six justices of the Supreme Court now over the age of seventy should retire as provided under the plan, no additional place would be created. Consequently, although there never can be more than fifteen, there may be only fourteen, or thirteen, or twelve. And there may be only nine.”

http://www.hpol.org/fdr/chat/

The Supreme Court was the main obstacle to Roosevelt’s programs during his second term, overturning many of his programs. In particular in 1935, the Court unanimously ruled that the National Recovery Act (NRA), was an unconstitutional delegation of legislative power to the president. Roosevelt stunned Congress in early 1937 by proposing a law allowing him to appoint five new justices, a persistent infusion of new blood.” – FDR

This “court packing” plan ran into intense political opposition from his own party, led by Vice President Garner, since it seemed to upset the separation of powers and give the President control over the Court.

Third term, 1941–1945

The military buildup spurred economic growth, and perhaps more so than any policy implemented since 1929. Perhaps during no other time in history was it more clear than during WW II that war is good for business, for the economy and for jobs! By 1941, unemployment had fallen to under 1 million.

On December 6, 1941, President Roosevelt read an intercepted Japanese message and told his assistant Harry Hopkins, “This means war.” He never warned Admiral Husband Kimmel or Lt. Gen. Walter Short after reception of the message before the Pearl Harbor attack.

On December 7, 1941, the Japanese attacked the US Pacific Fleet at Pearl Harbor, destroying or damaging 16 warships, including most of the fleet’s battleships, and killing more than 2,400 American military personnel and civilians.

“Yesterday, December 7, 1941 — a date which will live in infamy — the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan.”

FDR

No attack by Japan on the U.S. was a guarantee the U.S. would declare war on Germany. In such a case, American public anger would be directed at Japan, not Germany, just as it happened. The Tripartite Pact (Germany, Italy, Japan) called for each to aid one another in case of attack; Japan could not reasonably claim America had attacked Japan if it attacked first. For instance, Germany had been at war with the UK since 1939, and with the U.S.S.R. since June 1941 without Japanese assistance. There was a serious, if low-level, naval war going on in the Atlantic between Germany and the U.S. Navy in the summer of 1941, in any case. Nevertheless, it was only Hitler’s declaration of war, unforced by the Axis treaty, several days after the Pearl Harbor attack that brought the U.S. into the European war.

The U.S. government has had ten official inquiries into the attack – the inquiry by Secretary of the Navy Frank Knox (1941), the Roberts Commission (1941–42), the Hart Inquiry (1944), the Army Pearl Harbor Board (1944), the Naval Court of Inquiry (1944), the Hewitt investigation, the Clarke investigation, the Congressional Inquiry (1945–46) and the top-secret inquiry by Secretary of War Henry L. Stimson, authorized by Congress and carried out by Henry Clausen (the Clausen Inquiry) (1946). The tenth inquiry, the Thurmond-Spence Hearing, took place in April 1995. The Dorn Report resulted from this tenth hearing.[1]10 Commissions investigating the attack on Pearl Hrbor including many conspiracy theories. Having read it it in its entirety, I am satisfied with the Roberts Commission. January 23. 1942, being most likely the most reliable as it was the first conducted so close to the event and the freshness in the mind of the witnesses. The first Roberts Commission was a presidentially-appointed commission formed in December 1941, shortly after the attack on Pearl Harbor by the Japanese in 1941, to investigate and report the facts relating to the attack. The commission was headed by US Supreme Court Associate Justice Owen Josephus Roberts, and for this reason it was known as the Roberts Commission. The commission found the commanders of Pearl Harbor, Adm. Husband Kimmel and Gen. Walter Short, guilty of ‘dereliction of duty’. The Commission presented their findings to Congress January 28, 1942

http://www.ibiblio.org/pha/pha/roberts/roberts.html

July 26, 1941 – Roosevelt freezes Japanese assets in United States and suspends relations.

Dec 7, 1941 – Japanese bomb Pearl HarborHitler issues the Night and Fog decree.

Dec 8, 1941 – United States and Britain declare war on Japan.

Dec 11, 1941 – Germany declares war on the United States.

Jan 1, 1942 – Declaration of the United Nations signed by 26 Allied nations.

Jan 13, 1942 – Germans begin a U-boat offensive along east coast of USA.

Jan 20, 1942 SS Leader Heydrich holds the Wannsee Conference to coordinate the “Final Solution of the Jewish Question.”

Jan 26, 1942 – First American forces arrive in Great Britain.

February 19, 1942 - Executive Order 9066, signed by Franklin D. Roosevelt on February 191942, allowed authorized military commanders to designate “military areas” at their discretion, “from which any or all persons may be excluded.” These “exclusion zones”, unlike the “alien enemy” roundups, were applicable to anyone that an authorized military commander might choose, whether citizen or non-citizen. Eventually such zones would include parts of both the East and West Coasts, totaling about 1/3 of the country by area. Unlike the subsequent detainment and internment programs that would come to be applied to large numbers of Japanese Americans, detentions and restrictions directly under this Individual Exclusion Program were placed primarily on individuals of German or Italian ancestry, including American citizens

In June – Mass murder of Jews by gassing begins at Auschwitz.

June, 4-7, 1942 – Battle of Midway

June 25, 1942 – Eisenhower arrives in London.

July 9, 1942 – Germans begin a drive toward Stalingrad in the USSR.

July 22, 1942 – First deportations from the Warsaw Ghetto to concentration camps; Treblinka extermination camp opened.

Aug 7, 1942 – British General Bernard Montgomery takes command of Eighth Army in North Africa.

Aug 12, 1942 – Stalin and Churchill meet in Moscow.

Aug 17, 1942 – First all-American air attack in Europe.

Aug 23, 1942 – Massive German air raid on Stalingrad.

Sept 2, 1942 – Rommel driven back by Montgomery in the Battle of Alam Halfa.

Sept 13, 1942 – Battle of Stalingrad begins.

Oct 5, 1942 – A German eyewitness observes SS mass murder.

Oct 18, 1942 – Hitler orders the execution of all captured British commandos.

Nov 1, 1942 Operation Supercharge (Allies break Axis lines at El Alamein).

Nov 8, 1942 – Operation Torch begins (U.S. invasion of North Africa).

Novemeber 9, 1942Monday - the case which challenged the Commerce Clause – Petitioner: Wickard VS. Respondent. The case was decided in favor of the government. Right spack-dab in the middle of all these events which led up to this date and that which was to follow, this little heeded and still virtually unknown decision, set the stage for more government jurisdiction over state rights and individual rights. WE the people and the people of the world were otherwise occupied, with WW II; not the courts.

Nov 11, 1942 – Germans and Italians invade unoccupied Vichy France.

Nov 19, 1942 – Soviet counter-offensive at Stalingrad begins.

Dec 2, 1942 – Professor Enrico Fermi sets up an atomic reactor in Chicago.

Dec 16, 1942 – Soviets defeat Italian troops on the River Don in the USSR.

Dec 17, 1942 – British Foreign Secretary Eden tells the British House of Commons of mass executions of Jews by Nazis; U.S. declares those crimes will be avenged.

Dec 31, 1942 – Battle of the Barents Sea between German and British ships.

Manhattan Engineer District (MED),

MED refers specifically to the period of the project from 1942–1946 under the control of the U.S. Army Corps of Engineers, under the administration of General Leslie R. Groves. The scientific research was directed by American physicist J. Robert Oppenheimer.[1] Secret installations all under the jurisdiction or control of the Federal Government, sprung up all over the country to test and to produce the atomic bomb which was dropped on Japan at the order of President Truman, the next president after FDR.

Fourth term and death, 1945

The rapid expansion of government programs that occurred during Roosevelt’s term redefined the role of the government in the United States, and Roosevelt’s advocacy of government social programs was instrumental in redefining liberalism for coming generations.

This is not an exposé or a scathing attack on Franklin Delano Roosevelt. The truth is, I and most likely no one knows what was or was not in his heart. When people are in pain enough, they want and need comfort and will often accept it from anyplace; from anything and from anyone they believe, can get it for them. FDR did not design the Great Depression and as current events similar, seem to repeat, he “inherited it,” and as the current administration use words today, FDR had to try and “mop up.”

Whenever a crisis is real or designed, the public at large become concerned at least and at worst, worried and afraid. Fear is a powerful enemy and a tool which can be used to make rapid and radical changes. FDR knew this when he said, The only thing we have to fear is fear itself. But many were afraid then and many are afraid today. Good intentioned or not, there is a great tendency to blame others – to criticize, condemn and complain. During a crisis, first, you challenge the thinking as being ‘wrong thinking.’ Next you associate that ‘wrong thinking’ with ‘danger’ and finally you endeavor to show the cause of both the ‘wrong thinking’ and the ‘danger’ stemming from the motivation to profit or for profit. If successful, this method has and can move policy forward. Again, I am not questioning FDR’s motivation or that of any president past, future or present, but with the same methods that have been used in the past and are being used in the present, I question and boldly question, the thinking, the danger and motivations of the those which stand to gain the most in profits, power and control.

Every dictator, tyrant, leader, lawyer and politician knows clearly that the pot they hold or have any measure of control over is limited. WE the people have either contributed to that pot or what WE have, has been taken from us. Redistribution of wealth is nothing more than giving to those that have not contributed or contributed enough. It is to take that which is given and given to those that have not. Not that helping others is the problem, as it is who gets the help and how much. It removes individual the choice of who gets the help and how much from those that have contributed or forced to pay into this limited pot. So this pot has costs to administer it. There can be waste, theft, corruption and abuse of what is in the pot. So after it is all said and done, the pot is smaller in the end than it was at the start and fewer people to benefit from it. Finally, it lays in the hands of those which control the pot to decide who gets what.

No matter how long; how often and for what we cry – help me, fix me, cover me, protect me, heal me, empower me or ‘success me,’ there is only so much in the pot. There is only so much to go around. Somebody is ‘gonna’ get something at the expense or the exclusion of someone else. No matter what WE are promised, someone(s) going to be missed or left out. So at the heart of this issue; at the heart of the Commerce Clause is control. Our founding fathers with full understanding, set into our constitution, ‘The Balance of Powers.’ Since that time, it has been a matter of control. How does one go about controlling all three branches of government? If the Democratic Party was in control of the Congress during FDR’s presidency (and they were), and the executive branch was under the control of FDR (and it was), and for the most part, the Supreme Court and the Judiciary Branch was under the control of the White House (and it was), this is called jurisdiction or control. But this all started a long time before FDR!

To conclude this lengthy, but important series, we must go back into the past, all the way back to the year of 1861.

This is a tawdry tale of usurpation, jurisdiction and control. It is hidden like the Matrix or like Alice’s tales in Wonderland. The most astonishing thing of all, is that it is all legal (fiction), and out in the open for anyone to see.

What may seem as insurmountable odds in regaining control of our liberties may appear hopeless, but there is an answer! Stay tuned here as we continue.

Next Time –  Getting OUR Heads out of the Sand

Check out the other blogs listed to the right. Come often. Bring others. Get involved. Do something. Even if it is just leaving a comment, that’s doing something. But don’t bother in telling me how stupid I am, this won’t work or that you hate my guts and things like that. Been there, done that and heard that all before and then some. Be original. Be different.

Ask not what your country can do for you

or what you can do for your country,

but what can WE do for each other!”

1 of WE,

Dahni
An Amer-I-Can eagle


Next Post - Getting OUR Heads out of the Sand
Previous Post - Challenge ‘The Commerce Clause’? – part 2
Front Page - Welcome & Introduction

The Commerce Clause part 2 of 4

October 22, 2009

by Dahni

© Copyright 10/22/09

all rights reserved

HOW can WE the People regain control of OUR right to “life, liberty and the pursuit of happiness?WE began delving into what won’t work to get to what will work. So far:

The List (simplified)

1.   Overthrow the government by a military coup or para-military militias?

2.   The 9/12 Project?

3.   Challenge ‘The Commerce Clause’? This is where WE are

Today – ‘The Commerce Clause’ – part 2 of 4

WE have looked at the exact wording of the ‘Commerce Clause’ from the U.S. Constitution. WE looked at ‘Wickard VS. Filburn,’ the landmark case decided in 1942.  WE also looked at the U.S. Supreme Court’s own website, as to the facts of this case and its unprecedented decisions. Finally, we looked at several states that have begun recently, to challenge those decisions under the banner of gun control laws.

Many strict constitutionalists believe the Supreme Court decisions in ‘Wickard VS. Filburn’ were unconstitutional. What was more than a mere interpretation of the meaning of the word ‘commerce’ begs the question:

How did the federal government not just have the power to ‘regulate commerce,’ but command jurisdiction over the states?

In order to understand this we need to understand what else was going on in the country in 1942 when the Wickard v. Filburn case was decided, granting more control to the Federal government, by interpreting the Commerce Clause as the Supreme Court did. Unfortunately, by 1942 when his case found its way to the U.S. Supreme Court, all but one justice had been appointed by President Franklin Delano Roosevelt. Justice Owen Josephus Roberts, a Republican, had been appointed by Herbert Hoover. The Court was clearly in Roosevelt’s corner philosophically. The court’s unanimous decision in this case reflected New Deal logic.

In telling a story, there is a format utilized known as narrative development. In order to appreciate the ending, we need to understand how the story evolved. Such is the importance in understanding the ‘Commerce Clause.’ What led up to this court case and what else was going on in the country at the time the Supreme Court rendered its decision?

To raise revenue to fund the War Between the States, the income tax was introduced in the United States with the Revenue Act of 1861. It was a flat rate tax of 3% on annual income above $800. The following year, this was replaced with a graduated tax of 3-5% on income above $600 in the Revenue Act of 1862, which specified a termination of income taxation in 1866.

The Socialist Labor Party advocated for a graduated income tax in 1887. The Populist Party “demanded a graduated income tax” in their 1892 platform. The Democratic Party, led by William Jennings Bryan, advocated the income tax law passed in 1894, and proposed an income tax in their 1908 platform.

Prior to the U.S. Supreme Court’s decision in Pollock v. Farmers’ Loan & Trust Co.,157 U.S. 429 (1895), aff’d on reh’g, 158 U.S. 601 (1895) all income taxes had been considered to be excises (indirect taxes) required to be imposed with geographical uniformity; such taxes were not required to be apportioned by state according to population (as are direct taxes).

In his dissent to the Pollock decision, Supreme Court Justice Harlan stated:

“When, therefore, this court adjudges, as it does now adjudge, that Congress cannot impose a duty or tax upon personal property, or upon income arising either from rents of real estate or from personal property, including invested personal property, bonds, stocks, and investments of all kinds, except by apportioning the sum to be so raised among the States according to population, it practically decides that, without an amendment of the Constitution — two-thirds of both Houses of Congress and three-fourths of the States concurring — such property and incomes can never be made to contribute to the support of the national government”

The Sixteenth Amendment (Amendment XVI) to the United States Constitution allows the Congress to levy an income tax withoutapportioning it among the states or basing it on Census results. This amendment overruled Pollock v. Farmers’ Loan & Trust Co. (1895), which limited the Congress’s authority to levy an income tax.

The wording of the original constitution was changed and hairs spilt over “indirect” as opposed to direct taxes.  It was ratified on February 3, 1913 by 42 of then, 48 states.

“The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”

For history and purpose of the amendment see:

http://www.law.cornell.edu/anncon/html/amdt16_user.html#amdt16_hd7

  • October 29, 1929The New York Stock Market crashes to an all time low (referred to as “Black Tuesday”), signalling the start of the Great Depression.
  • March 4, 1933Franklin Roosevelt is sworn in as the 32nd President of the United States.
  • December 5, 1933The 21st Amendment is added to the Constitution, pepealing prohibition.
  • January 20, 1937Franklin Roosevelt is sworn in as President for a 2nd term.
  • January 20, 1941Franklin Roosevelt is sworn in as President for a 3rd term.

World War II

  • December 7, 1941Japanese forces attack the United States naval base at Pearl Harbor, Hawaii.
  • December 7, 1941 – Hitler issued Nacht und Nebel, the Night and Fog Decree. This decree replaced the unsuccessful Nazi policy of taking hostages to undermine underground activities. Suspected underground agents and others would now vanish without a trace into the night and fog. SS Reichsführer Himmler issued the following instructions to the Gestapo.

“After lengthy consideration, it is the will of the Führer that the measures taken against those who are guilty of offenses against the Reich or against the occupation forces in occupied areas should be altered. The Führer is of the opinion that in such cases penal servitude or even a hard labor sentence for life will be regarded as a sign of weakness. An effective and lasting deterrent can be achieved only by the death penalty or by taking measures which will leave the family and the population uncertain as to the fate of the offender. Deportation to Germany serves this purpose.”

  • December 8, 1941The United States declares war on Japan.
  • December 11, 1941Germany and Italy declare war on the United States.
  • January 1 1942 – The name “United Nations”, coined by United States President Franklin D. Roosevelt, was first used in the “Declaration by United Nations,” on this date during the Second World War, when representatives of 26 nations pledged their Governments to continue fighting together against the Axis Powers. The League of Nations was considered ineffective since it was not able to prevent WW II
  • November 28, 1942 – Cocoanut Grove fire – Huge fire – heavy on media coverage and the public mind
  • 1942 – Congress of Racial Equality – CORE – begins in Chicago to peacefully challenge segregation. Reached its zenith when it helped organize Dr. Martin Luther King’s famous march on Washington August 28, 1963
  • 1942 – Revenue Act of 1942 gas rationing and increased income taxes
  • May 15, 1942 Gasoline rationing was put into effect. Allocation: 3 gallons per week, to cover ordinary driving demands. Office of Price Administration (OPA) was the federal agency tasked with establishing price controls on nonagricultural commodities and rationing essential consumer goods during World War II (1939–1945). The Emergency Price Control Act (EPCA) passed on 30 January 1942 provided the legislative basis for OPA to regulate prices, not including agricultural commodities. EPCA also allowed for rent controls. The most prominent result of EPCA was the General Maximum Price Regulation issued by OPA in May 1942. This effectively set the price ceiling at March 1942 levels. However, EPCA did not address other economic issues beyond price controls. The resulting economic dislocations forced Congress to pass the Stabilization Act on 2 October 1942. This created the Office of Economic Stabilization (OES) that was responsible for controlling wage levels, regulating food prices, and generally stabilizing the cost of living. At this point, any OPA activities that could affect the cost of living had to be coordinated with OES. The effectiveness of OPA’s measures is subject to some debate. While OPA pointed to an overall 31-percent rise in retail prices in World War II compared to a 62-percent rise in World War I (1914–1918), undoubtedly a black market developed in response to price controls. Maintenance of product quality was a constant concern. OPA even colorfully noted in its Twelfth Quarterly Report “a renaissance of cattle rustlers in the West.” Reports from OPA’s Enforcement Division show that 650,000 investigations were conducted for all of 1943, with 280,000 violations found. In 1944, a total of 338,029 violations were reported, with 205,779 administrative warning letters sent out. Court proceedings were initiated in almost 29,000 cases.
  • Monday, November 9, 1942 the case which challenged the Commerce Clause Petitioner:  Wickard VS. Respondent: Filburn  was decided in favor of the government

The most obvious event of 1942 when the entire nation and the world were so otherwise occupied with World War II, the attention was on the war in the media of the day, not on the courts, legislation or legislators. Intentional or not, it is easy to slip things by when people are not paying attention. After the attack on Pearl Harbor December 7th, 1941, the entire country was galvanized towards and primarily focused on the war efforts.

This is a tawdry tale of usurpation, jurisdiction and control. It is hidden like the Matrix or like Alice’s tales in Wonderland. The most astonishing thing of all is that it is all legal (fiction), and out in the open for anyone to see.

What may seem as insurmountable odds in regaining control of our liberties may appear hopeless, but there is an answer! Stay tuned here as we continue.

Next Time –  ‘The Commerce Clause’ – part 3 of 4

Check out the other blogs listed to the right. Come often. Bring others. Get involved. Do something. Even if it is just leaving a comment, that’s doing something. But don’t bother in telling me how stupid I am, this won’t work or that you hate my guts and things like that. Been there, done that and heard that all before and then some. Be original. Be different. I think no greater or more eloquent words were ever spoken about getting involved, than those by President John F. Kennedy -

“Ask not what your country can do for you,

but what you can do for your country!”

1 of WE,

Dahni

An Amer-I-Can eagle

Next Post - Challenge ‘The Commerce Clause’? – part 3
Previous Post - What are WE?
Front Page - Welcome & Introduction

WWWWW – What are WE?

October 8, 2009

Watchers – Whistles – Waiters – Wakers  – or Walkers

(What are WE)

by Dahni

© Copyright 10/7/09

all rights reserved

Note: Due to the severity of the plural-crisis in our day and in our time, this post interrupts our continued study of the ‘Commerce Clause.’ It is to also, to implore you the reader to stay posted here and to bring others. This blog is not being read by sufficient numbers! It is not getting out!  This information is crucial for anyone and everyone IF, you really want to not just see change you can believe in, but to affect change! MayWE bound, not by fear, but by the mutual goals of WE the People!

Walk1

Are WE watchers, watching all that goes on all around us? Are WEwhistles that blow, signaling the times and places and persons of interest or that alarm others? Are WE waiters, waiting for others to move or do WE wait on them to move?  Are WE wakers that arise early, and decide that if WE are awake, everyone else should be as well? Are WE walkers, people that move through life? What are WE?

Walk2Do WE watch the times and places and things and people all around us? Do WE watch seconds tick away from our finite lives?

To be fair, there are times and people which provide a service to the rest ofUS that watch; are watchdogs of the times, places, people and things affecting and effecting all our lives,  separately and collectively.

Walk3

Are WE whistles that blow signaling the times and places and persons of interest or that alarm others?

To be fair, there are times and people which provide a service to the rest of US that blow these whistles; are whistle blowers alarming and informing us of what otherwise may remain hidden, unknown and uninterrupted.

Walk4

Are WE waiters, waiting for others to move or do WE wait on them to move?

To be fair, there are times and people which provide a service to the rest ofUS that wait for US or upon US. There are times WE just must wait on or wait for the right moment, the right person or the right thing.

Walk5

Are WE wakers (those awake) that arise early, and decide that if WE are awake, everyone else should be as well?

To be fair, there are times and people which provide a service to the rest of US, waking us up from the slumber of sleep, apathy and ignorance.

Walk6Are WE walkers, people that move through life? Are WE watchers, whistles, waiters and wakers or doWE walk and move forward? What are WE?

To be fair, a walker is awake and can awaken others. They wait on and they wait for people, places and things, but while they wait, they walk. A walker is a whistle to inform and alarm others they meet while walking. Walkers watch the times, places, people and things of life while they walk.

With no disrespect intended or implied to those that are deaf, dumb (without speech), blind or lame (unable to walk or that walk with limitations), often the deaf, dumb, blind and lame –  hear, speak, see and walk far better, than those with no physical limitations.

There are none so blind than those which refuse to see. There are none so deaf than those who will not hear. There are none so dumb than those who decline to speak when it is in their power and their responsibility to do so. There are none so lame than those who will not walk.

Be the change You can believe in. Watch, whistle, wait and wake while you WALK!

Next Time: Challenge ‘The Commerce Clause’? – part 2

1 of WE,

Dahni
An American eagle


Next Post - Challenge ‘The Commerce Clause’? – part 2
Previous Post - The Wisdom of WE
Front Page - Welcome & Introduction

The Wisdom of WE

September 12, 2009

by Dahni

© Copyright 9/12/09

all rights reserved

Due to the severity of the plural-crisis in our day and in our time, this post interrupts our continued study of the ‘Commerce Clause.’ It is to also, commemorate the unity WE the people were bound by, on September 12th, 2001. May we continue to be so bound, not by fear, but by the mutual goals of WE the People!

The following are a series of my edited ‘Tweets,’ posted in succession in the early morning hours of September 12, 2009, on Twitter – http://twitter.com/Dahni1

WEthePeople

Problem (thesis) + Fear (antithesis) = Solution is the government? In another way of stating this: Problem + Reaction = Solution. This is a definition of Hegelian Dialectic.

Have or create a crisis/problem – React with fear – Then the Government is the solver or the provider of the solution, but the problem/crisis and the promotion of fear and the solver of the solution (the government), are all, one and the same!

Things = to the same thing are = 2 each other.

Our problems/fears are removed when WE remove the corruption in government. WE must stack the government with those that will perform to do the will of WE the people, or perhaps there is a similar solution?

A 2-party system WE think is choice, is really dividing US and pushing agendas which take away OUR freedoms – Problem + Reaction = Solution

OUR true freedom lies in the liberty of personal initiative, independent thought and personal responsibility.

The legal corporation of the United States of America needs to be dissolved and WE need to return to the sovereignty intended by our founding founders.

Every American Citizen needs to understand what ‘Legal Fiction,’ is!” There exists, 2 USA’s and 100 states. One of these groups  is legal fiction. WE are living in ‘The Matrix.! Do WE take the red pill or the blue pill? How far down the rabbit hole do WE want to fall?

Awake – arise from the slumber and sleep of deception – THIS IS OUR TIME!

Create a crisis – scare people – then only government can come to the rescue? Rubbish!!!!

WE need to replace ALL politicians from the local, state & National level, with citizens under contract, for a limited term of service and have a ‘farm’ team to replace them, if they cannot discharge their duties or are in breach of contract. Right, like that’s going to happen? There is an more simple solution!

Who holds the responsibility 4 U & I? Who has the power to affect OUR lives?

Power corrupts!

To make informed decisions, WE need accurate information. If the Internet is a “sewer of misinformation,” according to Tom Friedman, what then, is the mass media?

If the Internet is a “sewer” and mass media does not provide accurate information, then they are not merely biased – they are the suppressors of information.

What is one thing dictators do to control people? Answer: Suppress or control information. The mass media in the USA for the most part, is guilty of this!

The 14th amendment to the Constitution describes a citizen, unintended by the original Constitution and is “legal fiction.”

While the un-civil war was taking place in he 1800’s and the nation was divided and distracted, “legal fiction” created another USA with states having the same names. This new “legal fiction” USA, had jurisdiction over these same named “legal fiction” states. In 1863 all the states became districts under the jursidiction of the Federal government and the president. This jurisdiction became a legal corporation with the seat or center of the corporation residing in the District of Columbia (Washington, D.C.) in 1871. NO PRESIDENT (democrat or republican), since Abraham Lincoln, or congress or Supreme Court, HAS EVER RESCINDED THIS ORDER, REPEALED IT OR OVERTURNED IT!

Question Everything and Everyone and question boldly! Take a stand for something or fall for everything.

Always follow the money!

Remember – it is NOT US against them, or each other! It is WE the people! This is OUR country.

If WE were born in a state in the U.S.A. that was here prior to 1861 as were our forefathers, we are sovereign citizens of that state.

Sovereignty was promised to our forefathers and their posterity (to  you and I), in the Declaration of Independence and the original Constitution of the United States of America.

Today in courts of law, there are rights & privileges. Rights belong to the people – privileges are given by the state. Courts have declared that they have no responsibility to inform us of our rights or to protect them.

Only the belligerent may demand their constitutional rights!

WE can change if we want to, as soon as right NOW and in the next election year.

WE can legally write-in anyone we want! WE landowners can legally have our votes recorded and placed into the public records! Why would WE want to do that? The answer coming soon!

Would a third party succeed? Such a thing has NEVER worked, but could it? Whenever WE make up our mind, IT COULD BE DONE! But there is an easier way! The answer is coming soon!

Thirteen original colonies despite their several differences, unanimously declared on legal grounds, separation from tyranny and to that end, pledged their “lives, their fortunes and their sacred honor.”

Only 10-13% of the population of 13 original colonies fought in the Revolutionary War in the 1700’s. Most were untrained, undisciplined and without the adequate resources to fight or to often, even survive! Yet these 13 little colonies defeated the greatest military power of the day. Oh, what can be done when there is WILL and WE make up OUR minds!!!

Power corrupts – Location does not change a heart whether it is in China or the USA. Some people always seek power, no matter where they are.

Power seekers have had real problems with the balance of power system our government was founded upon, but…

…throughout our history, the executive has tried to legislate and control the judiciary…

…the judiciary has tried to legislate and INTERPRET the law…

…the legislative have tried to execute and influence the judiciary…

…lobbyists & business have always sought to influence.

Politics instead of it being the duty to serve for the rights afforded to all, has become the career path of the privileged few!

When a politician no longer listens to, cares for, or fears (respects), the will of his or her constituents, they are NOT a servant of WE the People!

What makes us different from all other species of animals upon this planet, lie in our ability to survive TOGETHER!

Any government which does not promote such togetherness by liberty and freedom is the enemy of the PEOPLE.

WE who have the ability (even knowledge is an ability), to change such evil which threaten OUR survival, have the responsibility to change!

What are WE – A Democracy or a Republic?

A democracy is majority rule and is destructive of liberty because there is no law to prevent the majority from trampling individual rights.

A republic grants limited authority and is derived through election by the people of those best fitted to represent them and to protect the rights of all people.

Ask not what our country can do for us, or what WE can do for our country, but ask what WE can do, for one another…

…that a country of the PEOPLE, by the PEOPLE and for the PEOPLE, may not perish, but prosper and shine out, unto the entire world!

If WE meet it is WE that must decide, shall WE meet as enemies or shall we meet as friends?

My rights as a sovereign citizen are equal to my responsibility to protect your sovereign citizen rights. I may by free choice and by my individual ability do more, but I CANNOT DO LESS!

Want to change what cannot be seen, for what WE can see, in OUR lifetimes?

Next Time: What are WE?

Check out the other blogs listed to the right. Come often. Bring others. Get involved. Do something. Even if it is just leaving a comment, that’s doing something. But don’t bother in telling me how stupid I am, this won’t work or that you hate my guts and things like that. Been there, done that and heard that all before and then some. Be original. Be different.

Ask not what your country can do for you

or what you can do for your country,

but what can WE do for each other!”


1 of WE,

Dahni
An Amer-I-Can eagle


Next Post - What are WE?
Previous Post - Challenge ‘The Commerce Clause’? – part 1
Front Page - Welcome & Introduction

The Commerce Clause – part 1 of 4

August 18, 2009

by Dahni

© Copyright 8/17/09

all rights reserved

I am sorry it has been so long since my last post, but I had a photo shoot in Wisconsin and came down with perhaps a triple-whammy. It started as an upper respiratory infection, then perhaps the flu and I am just recently getting my strength back and recovering from bronchitis.

Just to refresh, you might want to re-read the previous post – Preparation for The Commerce Clause

HOW can WE the People regain control of Our right to “life, liberty and the pursuit of happiness?” WE have been delving into what won’t work to get to what will. So far on the list:

The List (simplified)

1.   Overthrow the government by a military coup or para-military militias?

2.   The 9/12 Project?

3.   Challenge ‘The Commerce Clause’? – This is what is WE are working on.

Previously WE looked into a preview and a preparation.

Today – ‘The Commerce Clause’ – part 1 of 4

CommereceClause1

Oh those fancy-smancy, funky, funny founding fathers, with their knee-high stockings and powdered wigs, sprayed with sugar water to hold them in place! What could they possibly know about government?

Oh how un-progressive and so not with it. The audacity of suggesting a balance of power! How un-monarchy and so un-tyrannical they were to suggest separate branches of government – an executive, legislative and a judiciary branch!

No sooner had the Revolutionary War ended and the colonies had miraculously obtained independence from one king, many wanted General George Washington to be their first king of the freed colonies. How dare he respectfully decline the offer!

By the time the U.S. Constitution was written, many peeved politicians (executives & legislators) and judges (judiciary), were already trying to figure out loopholes or ways around this balance of power thing.

Many are familiar with part or parts of the following quotation, but few understand when it was written, its context or by whom it was written:

Power tends to corrupt, and absolute power corrupts absolutely.

John Emerich Edward Dalberg Acton (aka) Baron Acton or  Lord Acton  (1834–1902),  was an English historian and moralist. He took great interest in the United States and its structure for protecting individual liberties. During the War Between the States, he sided specifically with the Confederacy, for their defense of State’s rights.

In 1870 Pope Pius IX promulgated the Roman Catholic dogma of papal infallibility. Lord Acton went to Rome with all his influence to try and stop it. In a letter dated April 1887, he wrote the scholar and ecclesiastic Mandell Creighton:

“I cannot accept your canon that we are to judge Pope and King unlike other men with a favourable presumption that they did no wrong. If there is any presumption, it is the other way, against the holders of power, increasing as the power increases. Historic responsibility has to make up for the want of legal responsibility. Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority: still more when you super-add the tendency or certainty of corruption by full authority. There is no worse heresy than the fact that the office sanctifies the holder of it.”

1887 is also noteworthy as it was the year the ‘Commerce Clause’ (our subject here), for about the first time since its inception, was called in question. Scholars, such as Robert H. Bork and Daniel E. Troy, argue that prior to 1887, the Commerce Clause was rarely invoked by Congress, and thus a broad interpretation of the word “commerce” was clearly never intended by the Founders. In support of this claim, they argue that the word “commerce”, as used in the Constitutional Convention and the Federalist Papers, can be substituted with either “trade” or “exchange” interchangeably while preserving the meaning of the statements.

They also point to Madison’s statement in an 1828 letter that the

“Constitution vests in Congress expressly…the power to regulate trade.”

U.S. Constitution

Section 8.

Article I, Section 8, Clause 3:

[The Congress shall have power] To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

‘The Commerce Clause is an enumerated power listed in the United States Constitution (Article 1, Section 8, Clause 3). The clause states that Congress has the power to regulate commerce with foreign nations, among the states, and with the Native American tribes. Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to the Congress of the United States. It is common to see the Commerce Clause referred to as “the Foreign Commerce Clause“, “the Interstate Commerce Clause“, and “the Indian Commerce Clause“, each of which refers to a different application of the same single sentence in the Constitution.

Dispute exists as to the range of powers granted to Congress by the Commerce Clause. As noted below, the clause is often paired with the Necessary and Proper Clause, the combination used to take a broad, expansive perspective of these powers. Many strict constitutionalists deny that this is the proper application of the Commerce Clause.

Examining contemporaneous dictionaries does not neatly resolve the matter. For instance, the 1792 edition of Samuel Johnson’s Dictionary of the English Language defines the noun “commerce” narrowly as “[e]xchange of one thing for another; interchange of any thing; trade; traffick”, but it defines the corresponding verb “to commerce” more broadly as “[t]o hold intercourse”. The word “intercourse” also had a different and wider meaning back in 1792 than it does now.

The following is taken from the Supreme Court’s own website:

The landmark case which set a precedent was: Docket No.: 59

Petitioner:  Wickard VS. Respondent: Filburn  Decided By:  Stone Court (1942-1943)  Opinion:  317 U.S. 111 (1942)

Argued:  Tuesday, October 13, 1942  Decided:  Monday, November 9, 1942

Facts of the Case:

Filburn was a small farmer in Ohio. He was given a wheat acreage allotment of 11.1 acres under a Department of Agriculture directive which authorized the government to set production quotas for wheat. Filburn harvested nearly 12 acres of wheat above his allotment. He claimed that he wanted the wheat for use on his farm, including feed for his poultry and livestock. Filburn was penalized. He argued that the excess wheat was unrelated to commerce since he grew it for his own use.[and on his own property – emphasis added]

Question:

Is the amendment subjecting Filburn to acreage restrictions in violation of the Constitution because Congress has no power to regulate activities local in nature?

Conclusion:

According to Filburn, the act regulated production and consumption, which are local in character. The rule laid down by Justice Jackson is that even if an activity is local and not regarded as commerce, “it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce, and this irrespective of whether such effect is what might at some earlier time have been defined as ‘direct’ or ‘indirect.’[1]

With little press coverage and almost no one knowing about it, in May of 2009, Montana became the first of several states to recently challenge the century old ‘doctored’ Commerce Claus. The governor of Montana wanted the courts to hear it and basically said if they don’t like it, Montana would secede from the union. Montana being so small in population was uninteresting to overall press coverage. Utah followed and they too, being small in numbers of people, seemed unimportant. Then Texas introduced a similar bill and all of sudden, people started paying attention. Tennessee was on the horizon.

What appears to center on gun laws, Gary Marbut, president of the Montana Sports Shooting Association and author of the Montana bill said, “Guns are the object, but states’ rights are the subject.”

Indeed Montana is seeking a court challenge which is the point of the bill, but alone, Montana has little chance of being heard or if heard, of ever prevailing.

“In effect, Montana‘s trying to turn back the clock to pre-New Deal times, or even pre-Civil War times,” said.Mr Paul Helmke, president of the Brady Campaign to Prevent Gun Violence.

But all total, about 30 states are considering state sovereignty laws. Where the public cry is loud, the courts have a tendency to hear.

“What’s going on is that people all over the country have decided, ‘Enough is enough,” said Kevin Gutzman, a professor at Western Connecticut State University and the author of ‘Who Killed the Constitution?’ “This is supposed to be a federal system, but instead Congress seems to think it can legislate anything it wants.”

Even so, gun-control groups have blasted the law. Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, called it “wrong from the constitutional side and wrong from the policy side.”

“The courts do pay attention to something they call ‘emerging consensus.’ It means the natives are getting more than restless. Hopefully, because there are so many clones of the Montana Firearms Freedom Act being introduced in other states, the courts will recognize this as an emerging consensus.”

Gary Marbut, president of the Montana Sports Shooting Association

and author of the Montana bill

Paul Helmke, president of the Brady Campaign to Prevent Gun Violence said that the courts were unlikely to side with Montana, describing the Interstate Commerce Clause as “settled federal law.”

If the courts are unlikely to favor Montana, why would they side with any of the other states individually or collectively? If they do heed an ‘emerging consensus,’ what must be done to change “settled federal law?”

For one thing, an overwhelming majority of the Supreme Court would need to be willing to overturn over a century of rulings from their own court. Let’s say that this is possible though highly improbable. Those presenting the case(s) would need to have their statutory (their legalese or legal speak), all in order. In order for that to happen, every presenter through verbal argument or legal writ would have to each not only be just attorneys, but specialists in Constitutional Law. Go state by state and see for yourself. Just how many law schools in the country have any requirements for any credits to graduate, required in Constitutional Law? The answer is very, very few!

OK, let’s really get far-fetched here and say this assembly of attorneys all graduated from the right schools and are all specialists in Constitutional Law, then what? Every single one of them would need to be exact clones of the fictional characters of Perry Mason and Monk, having NEVER LOST A CASE! Now multiply the numbers of states necessary for the Supreme Court to pay attention to an ‘emerging consensus’ X the numbers of perfect arguments and perfect legal writs and the attorneys that have never lost a case. It becomes if not impossible, the odds of winning are astronomical!!!

And then after all of that, just like Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, said, it would still be, “wrong from the constitutional side and wrong from the policy side.

Why would this be so? In order to understand this we need to understand what else was going on in the country in 1942 when the Wickard v. Filburn case was decided, granting more control to the Federal government, by interpreting the Commerce Clause as the Supreme Court did.

This is a tawdry tale of usurpation, jurisdiction and control. It is hidden like the Matrix or like Alice’s tales in Wonderland. The most astonishing thing of all is that it is all legal (fiction), and out in the open for anyone to see.

What may seem as insurmountable odds in regaining control of our liberties may appear hopeless, but there is an answer! Stay tuned here as we continue.

Next Time –  ‘Special Post commemorating 9/12/01 – ‘The Wisdom of WE

Check out the other blogs listed to the right. Come often. Bring others. Get involved. Do something. Even if it is just leaving a comment, that’s doing something. But don’t bother in telling me how stupid I am, this won’t work or that you hate my guts and things like that. Been there, done that and heard that all before and then some. Be original. Be different. I think no greater or more eloquent words were ever spoken about getting involved, than those by President John F. Kennedy -

“Ask not what your country can do for you,

but what you can do for your country!”

Next time: The Wisdom of WE

1 of WE,

Dahni

An Amer-I-Can eagle

Next Post - The Wisdom of WE
Previous Post - Preparation for ‘The Commerce Clause’
Front Page - Welcome & Introduction

[1] The Oyez Project, Wickard v. Filburn , 317 U.S. 111 (1942)
available at: (http://oyez.org/cases/1940-1949/1942/1942_59)

http://www.oyez.org/cases/1940-1949/1942/1942_59/

Preparation for: 'The Commerce Clause’

July 22, 2009

by dahni

© Copyright 7/22/09

all rights reserved

HOW can WE the People regain control of Our right to “life, liberty and the pursuit of happiness?Last time, WE saw a preview of why challenging ‘The Commerce ClauseWon’t Work.  So far:

The List (simplified)

1.   Overthrow the government by a military coup or para-military militias?

2.   The 9.12 Project?

Next on the list is:

3.   Challenge ‘The Commerce Clause’?

This is just preparation for what is to come. Previously, WE looked at a ‘Preview of What is to come.’ And now, instead of looking into the actual ‘Commerce Clause, WE are to look at a preparation? It may appear as if WE are being stalled to allow for more time or even led astray, but neither is the case. And it is certainly not a teaser to increase interest in the subject.

In the ‘Preview’ WE had two assignments:

1. Read the U.S. Constitution – Article 1, Section 8, Clause 3. This is, ‘The Commerce Clause.’

2. Rent, purchase or re-watch the 1999 sci-fi movie, ‘The Matrix.’

The first assignment would provide a clear definition so that WE are on the same page about the ‘The Commerce Clause.’ The 2nd assignment would allow us to view or revisit a horrifying, but fictional account of a future.

This ‘preparation’ has additional assignments, to prepare US for what is to come. But first, some questions. WE have seen the following before.

Have you ever felt that something just didn’t seem right, but you just couldn’t quite put your finger on it or explain it? Have you ever felt like our own government has behaved or is behaving unconstitutionally? Have you ever wondered how they got so much power? And IF WE do see this and feel this way, do WE feel powerless to do anything about it?

This entire blog is dedicated to empowering WE the People, but before WE can do anything about changing anything, WE need to be able to see what needs to be changed!

In laying out this subject to others, resistance has been encountered. Personally, these views have been countered with the following (among others):

*It’s not the real world * Its way far right, off the charts of even from and for right wing thinkers

* It smacks of the John Birch Society * I have fallen off the deep end and etc.

With regards to our system of government, each of US have grown up believing that the real world WE live in, is The United States of America; that WE had a formal declaration of independence from England in 1776, and that WE have a constitution that guarantees and protects the rights of the states and of the individual. The problem with these things basically comes down to this, WE just think WE have them, but WE really don’t! This may all look, sound, smell, taste and feel like the United States of America, but it is not what WE were founded upon and intended to be. The bulk of this deception started back in the 1800’s and for the past 200 + years, history has been re-written. This brings us back to one of our assignment from the ‘preview,’ to view or review the movie, ‘The Matrix.’

In the Matrix, a metaphor is used and Morpheus (named after the Greek god of dreams and sleep) says to Neo, “How far down the rabbit hole do you want to go.”

Preparation1This is a reference to ‘Alice‘s Adventures in Wonderland,’ a novel written by Lewis Carroll in 1865. Mark this specific year in history, because WE will see it again. But anyway, the story tells of a girl named Alice who falls down a rabbit-hole into a fantasy world.

Do you remember the magazine for kids called Highlights® ? Since 1946 they have been around and are still going strong. One of the things I recall was their Hidden Pictures® like the one to follow.

Preparation2

Find the hidden pictures: heart, comb, crown, eagle’s head, feather, spoon, banana, paper clip, cup, saucer, kite, tooth brush, wristwatch, saw and an artist’s brush

(hint – look at the picture upside down)

The point of this image is that the information to be viewed in the ‘Commerce Clause’ is not made up or fictitious. It is part of the true picture, it’s just hidden. The question is, do we really want to look; do we really want to see?

Preparation3In 1992, the movie, ‘A Few Good Men,’ was released. In this dramatic courtroom thriller, Lt. Daniel Kaffee, (Tom Cruise) a Navy lawyer, defends two Marines who have been accused of murdering a colleague. The base commander, Colonel Jessup (Jack Nicholson) is trying to cover-up the whole thing. At the end of the movie there is a heated exchange between the two men. Kaffee repeatedly demands an answer from Jessup who is extremely agitated.

“What do you want?”

JESSEP

“I want the truth!”

KAFFEE

“You can’t handle the truth!”

JESSEP

Can WE handle the truth?  The reactions to the eventual post, ‘The Commerce Clause,’ are already known. If one really looks to uncover the hidden pictures, these reactions are:

1. You are part of the secrecy (you work for the system, have your livelihood etc. from the system), and do not want it revealed.

2. You will refuse to believe it

3. You will be too frightened  or won’t know what if anything, can be done about it

4. You are grateful to have the ‘Matrix’ revealed; the rabbit hole exposed, the truth made known, and to see the hidden pictures.

True journalism has 3 parts: report the news, investigation of important news and editorials (opinions). True journalism does not make or create the news, or tell us what to think or feel. This is what editorials attempt to do. And this is as far as journalism is supposed to go. But this entire blog is dedicated to empowering WE the People, not with what to think, but what WE can do and How WE can affect change!

Our assignment for the next time is to look up some definitions:

1.   ‘Legal fiction’

2.   Marshall Law

3.   Eminent domain

Understanding these definitions will prepare us. The last question is, do we take the blue pill or the red pill?

Preparation4

In the movie ‘The Matrix,’ Morpheus offered Neo a choice. WE the People have a choice.

WE can take the blue pill and everyone WE love and everything that WE have built our lives upon, remains the same. The blue pill keeps us in the Matrix, in the land of Oz, down the rabbit hole in Wonderland and makes us part of the problem. WE would just continue to be “Useful Idiots,” which is what Stalin called westerners that parroted the false successes of communism. Take the blue pill and WE just allow the system to continue.

Take the red pill and the  only promise is the truth.  But if WE take the red pill, we will see the hidden pictures. And then, IF WE are willing, WE can change the picture!

Preparation5

Next: ‘The Commerce Clause‘ Part 1

1 of WE,

Dahni

An Amer-I-Can eagle

Next Post - Challenge ‘The Commerce Clause’? Part 1
Previous Post - Preview of ‘The Commerce Clause’
Front Page - Welcome & Introduction

Preview of the 'Commerce Clause'

July 15, 2009

by Dahni

© Copyright 7/15/09

all rights reserved

HOW can WE the People regain control of Our right to “life, liberty and the pursuit of happiness?Last time, WE went into Why the 9.12 Project Won’t Work. Here is the list so far:

The List (simplified)

1.   Overthrow the government by a military coup or para-military militias?

2.   The 9.12 Project?

Next on the list is:

3.   Challenge ‘The Commerce Clause’? WE are here

This is just a preview of what is to come.

Have you ever felt that something just didn’t seem right, but you just couldn’t quite put your finger on it or explain it? Have you ever felt like our own government has behaved or is behaving unconstitutionally? Have you ever wondered how they got so much power? Welcome to the Matrix!

When ‘The Commerce Clause’ is laid out in full, it will blow some minds; some will not believe it and some will resist because, they are either a part of it or they just don’t want to believe something so frightening. Have you ever heard or believed, “You can’t fight City Hall,” (referring to challenging the government)?

What you will soon read, will explain and SHOW all this and more. ‘The Commerce Clause’ will be lumped together with eminent domain, and something like Marshall Law, which was once enacted in the 1800’s and has NEVER BEEN RESCINDED BY ANY PRESIDENT SINCE!

‘The Commerce Clause’ will explain the United States 1 and 2 and States 1 and 2 (Legal Fiction). It will show 4 states which are presently challenging the Commerce Clause, and why they will all fail. Finally, ‘The Commerce Clause’ will show, WHY ANY CHALLENGE of the Commerce Clause will ultimately fail! FEAR NOT, THERE IS AN ANSWER! But before we can see what will work, we must first understand what won’t work.

While waiting you have two assignments:

1. Read the U.S. Constitution -Article 1, Section 8, Clause 3. This is, ‘The Commerce Clause.’

Clause2

Click the Image to read it online

2. Rent, purchase or re-watch the 1999 sci-fi movie, ‘The Matrix.’

Clause1

Matrix’ solution of software and Genetic Engineering?

And finally, from the 2004 movie, ‘Harry Potter and the Prisoner of Azkaban,’ the following image is from the scene on the Knight Bus, with the shrunken head -

Clause3

“Hang on it’s going to be a bumpy ride!”

Next: Preparation for ‘The Commerce Clause’

1 of WE,

Dahni
An Amer-I-Can eagle


Next PostPreparation for ‘The Commerce Clause’
Previous Post - The 9/12 Project
Front Page - Welcome & Introduction

Why the 9.12 Project Won’t Work

July 9, 2009

by Dahni

© Copyright 7/09/09

all rights reserved

HOW can WE the People can regain control of OUR right to “life, liberty and the pursuit of happiness?Last time WE went into Why Overthrowing the Government Won’t Work.  So far:

The List (simplified)

1.   Overthrow the government by a military coup or para-military militias?

Today – Why The 9.12 Project Won’t Work

912Project1

On the surface, as the images show, it sounds at least interesting. The next image really captured my attention.

912Project2

Space does not allow me to show the above mosaic as a full size image, but behind the text are many pictures of people just like you and I, each one of WE the People. A great design, no question about that and the words, WE the People, tug at any heart that loves this country. But what exactly is the 9.12 Project, its 9 principles and 12 values?

Nine Principles


1. America is good.
2. I believe in God and He is the Center of my Life.
3. I must always try to be a more honest person than I was yesterday.
4. The family is sacred. My spouse and I are the ultimate authority, not the government.
5. If you break the law you pay the penalty. Justice is blind and no one is above it.
6. I have a right to life, liberty and pursuit of happiness, but there is no guarantee of equal results.
7. I work hard for what I have and I will share it with who I want to. Government cannot force me to be charitable.
8. It is not un-American for me to disagree with authority or to share my personal opinion.
9. The government works for me. I do not answer to them, they answer to me

(If you believe in just 7 of the nine principles above, WE have something in common)

12 Values


• Honesty
• Reverence
• Hope
• Thrift
• Humility
• Charity
• Sincerity
• Moderation
• Hard Work
• Courage
• Personal Responsibility
• Gratitude

The following is taken from the 9.12 Project mission statement.

“This is a non-political movement. The 9-12 Project is designed to bring us all back to the place we were on September 12, 2001. The day after America was attacked we were not obsessed with Red States, Blue States or political parties. We were united as Americans, standing together to protect the greatest nation ever created.”

912Project3

That same feeling – that commitment to country is what we are hoping to foster with this idea. We want to get everyone thinking like it is September 12th, 2001 again.

Ask yourself these questions:

  • Do you watch the direction that America is being taken in and feel powerless to stop it?
  • Do you believe that your voice isn’t loud enough to be heard above the noise anymore?
  • Do you read the headlines everyday and feel an empty pit in your stomach…as if you’re completely alone?

If you’ve answered YES, then you’ve fallen for the Wizard of Oz lie. While the voices you hear in the distance may sound intimidating, as if they surround us from all sides—the reality is very different. Once you pull back the curtain,  you realize that there are only a few people pressing the buttons, and their voices are weak. The truth is that they don’t surround us at all.

We surround them.

At the origin of America, our Founding Fathers built this country on 28 powerful principles. These principles were culled from all over the world and from centuries of great thinkers. We have distilled the original 28 down to the 9 basic principles.

So, how do we show America what’s really behind the curtain? Read the nine simple principles. If you believe in at least seven of them, then we have something in common.”

http://theglennbeck912project.com/2009/03/24/mission-statement/

I personally was very excited about this project and not only did I decide to subscribe (for Free), I also started, ‘Fans of the 9.12 Project’ as a group on FaceBook.

Then, I discovered?

There are tabs at the top of the 9.12 Project Home page. One is called ‘Vent.” Clicking on this tab opens a new page. On that page one reads the following:

Vent:

While we believe in the First Amendment, individuals posting to this website agree to maintain a civil tone in keeping with the 9 Principles and 12 Values on which the site is based. Moderators may choose to remove comments that do otherwise and/or restrict future posting.”

In order to ‘vent,’ one needs to login or signup which takes you to another page:

http://theglennbeck912project.com/vent-11/#idc-container

or

http://intensedebate.com/signup

Not a really big deal right, but ‘vent’ is now associated with the words, ‘intense debate.’

912Project4

On Day 1 of my signing up, I scrolled through many comments posted by other users. And vent they were! Intense it was! I viewed several posts of multiple exchanges over whether it was fair to exclude others that do not believe in God. The originator seemed not to care or had forgotten that according to the mission statement they have a choice, If you believe in just 7 of the nine principles above, WE have something in common.”

Back and forth arguments continued and not just over the subject of God, but other subjects as well. People were still divided even over the principles of which the 9.12 Project was founded upon.

Still excited over the possibilities of the 9.12 Project, I started ‘Fans of the 9.12 Project’ as a group on Facebook. Why not tell my friends, family and associates about it right? Almost immediately, people signed up. It never took off and what’s worse than that, no one ever commented even after repeated requests. Now there are several groups on Facebook as offshoots of the 9.12 Project and one may be directly from them. I notified the 9.12 Project about this group and never received a response. I also made sure there were no other groups on Facebook when I set it up. Please do not misunderstand, I am not upset over the fact that the group I set up never took off and has so few members. The point is that people are quick to sign up for stuff, but slow in participating if at all or without something to vent or intensely debate. The other sad thing is that WE the People remain divided. It was unity or getting US back to 9.12.01 the 9.12 Project was purposed to do. Let’s just look back to 9.12.01 for a bit. Were WE really united then and if so, for what purpose?

People bind together for either a common goal(s) or common enemy(ies). That’s just the way it is. Unless you live in a cave, were not yet born, or among the walking dead and clueless, most everyone knows exactly where they were and what they felt on September 11, 2001. I have yet to meet anyone or to have heard about anyone in this country that reacted with the emotional response of being happy or feeling joy over what occurred on that fateful day. Most reacted with fear and horror and that is what WE the people had in common on that day. Who among us did not for sometime look to the skies at the sight and sound of an overhead plane and wonder if what WE saw and heard and felt on 9.11.01, would be repeated?

On 9.12.01 flags were flying everywhere. People went to NY city in vast numbers. Some people went to gawk and some just to feel something, even if it was horror. Most of these people were in the way of those that were honestly trying to help recover human lives or recover some order, decency, civility, compassion and to alleviate fear.

Others fueled the fires of fear over many conspiracy theories that our government was actually involved in this devastation for many secretive and ulterior motives. Such theories true or not, were not unlike that of World War II when many believed then and even now that our government allowed Pearl Harbor to be attacked, believing this would get US involved in that war.

Fear led others to suspicion and many profiled as a Muslim (whether they were or not, but just looked like one), were subject to search, seizure and inconvenience at a minimum, but also many acts of violence. Congress reluctant to become involved in Iraq became resolved. The military and multiple contractors were initiated. Then WE argued and fought among ourselves over the costs of resources and human lives as to whether or not WE should have ever been there. Those brave men and women sworn to protect us are often not even supported by US, by even something as simple as a Thank You.

Were WE united on 9.12? If so it was because of fear. Fear certainly motivates. Fear is always wrong! Self-preservation or the will to protect our families, friends, neighbors, associates, our country or even a stranger are NOT or should NOT be from a motivation to fear. Jumping in front of a speeding car to prove one is not afraid is not fearlessness, it is the actions or reactions of a fool or one incapable of mental discernment. Fear is sand in the mechanism of life, rust on wheels and zippers. It always impedes life, liberty and the pursuit of happiness. WE need to be bound together by something greater than fear. WE either will rise together and stand for something greater than our own lives or we each will fall alone into the selfish fears of, me, myself and i.

The 9.12 Project professes: “This is a non-political movement.” Is that a true statement? What does the word politics mean? Where did it come from? The most common forms of the word are defined as follows:

Politics – noun (used with a singular or plural verb)

1.   The science or art of political government.

2.   The practice or profession of conducting political affairs.

3.   Political affairs: The advocated reforms have become embroiled in politics

4.   Political methods or maneuvers: We could not approve of his politics in winning passage of the bill.

5.   Political principles or opinions: We avoided discussion of religion and politics. His politics are his own affair.

6.   Use of intrigue or strategy in obtaining any position of power or control, as in business, university, etc.

7.   (initial capital letter, italics) a treatise (4th century b.c.) by Aristotle, dealing with the structure, organization, and administration of the state, esp. the city-state as known in ancient Greece.

The words politics, politician and even police are derived from the same ancient Greek word, polis. A polis was a walled city, so built to protect the people within from the enemies without. They were never built to keep people in, just the enemy (dangerous animals and dangerous peoples out). WE would be therefore, the polls or the people of the polis. Polls and polling also comes from the same Greek word. By sheer logic, just by using the words, “WE the People” in the 9.12 Project, make it a political movement.

As a political organization, a tax exempt organization, a .org, the 9.12 Project is not a political movement. It is a commercial enterprise. Notice the words theglenbeck912project.com? This is the person that started the 9.12 Project. His  newsletter icon “click here” appear throughout the site. This allows one to sign up for Glen Beck’s newsletter which is linked to glenbeck.com. After signing up, ones receives a daily newsletter delivered to the email account of your choice. It basically contains excerpts from his daily radio program. To read the full details, one needs to go to glenbeck.com. If you want sound files or other things not FREE, you have to pay for that. Also, glenbeck.com has his books, tickets, and other merchandise for sale. Now I have nothing against making money and nothing against Glen Beck per se, but theglenbeck912project is just an extension, a commercial extension of Glen Beck and all his associates and business enterprises.

As to associations, the 9.12 project is associated with Glen Beck and Glen Beck is associated with the Fox News Television Network , which is associated with, News Corporation, one of the world’s largest media conglomerates.

News corp. is associated with Rupert Murdoch, Australian born, chief executive officer, founder and principal shareholder. The portfolio of News Corp. contains Fox News, 20th Century Fox, Dow Jones (including the Wall Street Journal), the New York Times, MySpace and many other assets to numerous to list.

Many view such divergent associations as a conflict of interest, but if your business is about making money and profits, it makes perfect sense. Isn’t this why business is in business? Still, without seeing the whole, many people separate the parts.

To some, the Wall Street Journal and the New York Times are liberal and biased organizations. Fox News while purporting to be ‘Fair and balanced’ and one of their programs clique is “The spin stops Here,” many people believe them to be a joke or political hacks and biased for the Republican Party. But while most newspapers and news programs are teetering on possible extinction, Fox News is on the rise. But if you are not among its ranks of supporters and believers, anything and anyone associated with Fox News as Glen Beck and the glenbeck912project.com may not be liked or even known.

Glen Beck is a self-professed commentator and not an investigative journalist. He is a self-professed Mormon and a libertarian and not a Republican Party supporter as many believe. His radio program is billed as, “a fusion of entertainment and enlightenment.”

Though much useful information can be gained from the 9.12 Project and Glen Beck deserves credit for endeavoring to pull US, WE the People together, it cannot succeed as a political movement because, as it claims, it is NOT one.

When WE cannot even agree to disagree, WE are divided. When one news organization and one political party; one group and one business is pitted against the others, WE are divided. Do WE the People prefer to have the truth and for the media to give us the truth whatever it is or do WE prefer to believe what we want to hear? If it is the  latter, then WE are divided. Then again, perhaps WE would just prefer to argue over what truth is? And if that is so, WE remain divided. WE are NOT united in fear, for it is fear that divides US!

WE the People are beyond venting and ranting and raving and intense debate. The time for debate is long past. Now is the time for action. Now is the time to become united for something greater than the sum total of our fears. Now is NOT the time to join and do nothing. Now is the time to act!

Next Time – ‘ Preview – ‘The Commerce Clause’

Check out the other blogs listed to the right. Come often. Bring others. Get involved. Do something. Even if it is just leaving a comment, that’s doing something. But don’t bother in telling me how stupid I am, this won’t work or that you hate my guts and things like that. Been there, done that and heard that all before and then some. Be original. Be different. I think no greater or more eloquent words were ever spoken about getting involved, than those by President John F. Kennedy -

“Ask not what your country can do for you,

but what you can do for your country!”

1 of WE,

Dahni

an Amer-I-Can

Next Post - ‘Preview of the Commerce Clause’
Previous Post - Overthrow the Govt.?
Front Page - Welcome & Introduction

Why Overthrowing the Government Won’t Work

June 23, 2009

by Dahni

© Copyright 6/23/09

all rights reserved

Today WE the People begin to explore HOW to regain control of OUR right to life, liberty and the pursuit of happiness.”

Today – Why Overthrowing the Government Won’t Work

MilitaryEmblems_lg

IN CONGRESS, JULY 4, 1776

The unanimous Declaration of the thirteen united States of America

“When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.”

First 2 paragraphs & Last Sentence –

The Declaration of Independence

It must be understood that this document was founded upon the rule of law. The king of England had broken his own laws and many which went all the way back to the Magna Carta, in 1215. Of the 56 signers of the Declaration of Independence, most of what they pledged to each other, their “lives,” “fortunes,” and “sacred honor” was lost. In signing this document, they were signing their own death warrants. They were each and all, branded as traitors by the British Empire.

If such a thing were tried today and by way of force, those implementing such aggression would be viewed as enemies of the United States. The full power of the United States would be brought to bear and quell such dissent with all means necessary. Are you, am I, prepared to lose our lives, fortunes and sacred honor?

There are many branches, departments and divisions of the United States government besides the U.S. Military that may be viewed as armed forces. These would include: The CIA, FBI, ATF, IRS and the FDA among others. Most positions held in government are NOT elected and therefore all serve, “at the pleasure of the president.” As such, this loose term could also be construed as, at the whim of the president. Those serving in such a capacity could serve no more than four years or through the second term of the president or continue through subsequent administrations, but they can also serve less. These include all cabinet members, staff and the Joint Chiefs of Staff at the Pentagon, among many other positions.

At present, Military service is  an ‘all volunteer force.’ But military draft can be reinstated at any time, even by such a loosely worded pretext as, “for defense of the United States.” Broad definitions exist as to what constitutes “in defense of…”

The president of the United States is the Commander and Chief of the Military. Officers of the Military, upon commission, swear to the following:

“I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.”

To “support and defend the constitution” includes obeying orders directly or indirectly from their Commander and Chief, the president of the United States.

All enlisted persons except the National Guard (Army or Air), and the Coast Guard are required to take the following oath.

I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

The National Guard (Army or Air) and the Coast Guard still fall under the U.S. Military and through similar oaths as those above, their oaths  are made to the president or to the governor of the state where they serve. The Guard can be called up to active duty at anytime. At that time, their obedience shifts to the Commander and Chief, the president of the United States.

Military discipline and effectiveness is built on the foundation of obedience to orders. Recruits are taught to obey, immediately and without question, orders from their superiors, right from day-one of boot camp.

Military members who fail to obey the lawful orders of their superiors risk serious consequences. Article 90 of the Uniform Code of Military Justice (UCMJ) makes it a crime for a military member to WILLFULLY disobey a superior commissioned officer. Article 91 makes it a crime to WILLFULLY disobey a superior Non commissioned or Warrant Officer. Article 92 makes it a crime to disobey any lawful order (the disobedience does not have to be “willful” under this article).

In fact, under Article 90, during times of war, a military member who willfully disobeys a superior commissioned officer can be sentenced to death.

Seems like pretty good motivation to obey any order you’re given, right? Nope. These articles require the obedience of LAWFUL orders. An order which is unlawful not only does not need to be obeyed, but obeying such an order can result in criminal prosecution of the one who obeys it. Military courts have long held that military members are accountable for their actions even while following orders — if the order was illegal.

However, who is to determine what is and what is not “lawful?” Is what is “lawful” determined by Uniform Code of Military Justice? It can be and is interpreted by those who are empowered to enforce it. Is what is “lawful” determined by the Constitution? It is and can be interpreted by the courts.

Though any soldier may vote in general elections, it must be understood that anyone that serves in the Military, upon execution of their freely taken oaths, they have relinquished their Constitutional rights and their Commander and Chief, the president of the United States and the Uniform Code of Military Justice takes precedence.

Federal law requires everyone who enlists or re-enlists in the Armed Forces of the United States to take the enlistment oath. The oath of enlistment into the United States Armed Forces is administered by any commissioned officer to any person enlisting or re-enlisting for a term of service into any branch of the military. The officer asks the person, or persons, to raise their right hand and repeat the oath after him. The oath is traditionally performed in front of the United States Flag and other flags, such as the state flag, military branch flag, and unit guidon may be present.

“The founding fathers recognized the relationship between any government and its citizens is at best ADVERSARIAL: individual Rights (freedoms) are inversely proportional to government power. The more power the government has, the less Rights you have. Government can’t grow in size or power except at the cost of our individual Rights and freedom. The founding fathers also realized that all governments seek to expand their powers and are therefore driven to diminish their citizen’s Rights. Hence, the Constitution was written to both limit government and maximize our individual Rights.

In truth, the American Constitution is essentially an anti-government document. The Constitution’s principle purpose is not simply to specify our individual Rights, but to shield us from the single organization that will always pose the greatest threat to those Rights.”

‘To Whom Do Constitutional Rights Belong? To The Belligerent!’

By Djacksback 3/1/09 Newsvine.com

“The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It’s benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person.” McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876. “The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus.” [Emphasis added]

IF ONE, WHY NOT ALL?
If one of our Constitutional Rights is only available to citizens who are both knowledgeable and belligerent, how is the balance of our Rights any different?
They’re not. Fundamentally, if you don’t know your Rights, the court is under no obligation to inform you, or to protect your Rights. Even if you know your Rights, but lack the guts to fight for them, again, the court is not obligated to protect you.

‘To Whom Do Constitutional Rights Belong? To The Belligerent!’

By Djacksback 3/1/09 Newsvine.com

Link to the complete article from which these quotes have come:

http://tinyurl.com/l4wavo

In order for a Military takeover of the government to succeed, it would by nature of the chain of command, have to be so ordered by the Commander and Chief of the Military, the president of the United States. Anyone or any persons so breaking said chain of command would at least be considered AWOL (absent without leave), and subject to Uniform Code of Military Justice. At worst, said person or persons could be branded as traitors and executed as an enemy or enemies of the United States.

If said individual or persons would appear before a military court or the U.S. Supreme Court, they would need to know their rights, be belligerent in fighting for their rights and able to argue successfully and equal to or greater, than the legal minds so empowered to enforce those laws and those rights. That is highly unlikely as most military persons are not lawyers. But if this were possible, there is still the possibility that those by way of interpretation of such laws and rights, could determine the outcome in favor of the military or the courts, and against the defendants.

A military overthrow of the government cannot succeed! But here is what will work with regards to the military.

While you and I enjoy our iPods, Internet access, writing blogs, watching television, driving where ever we would and pretty much doing all that we do in the country, every man and woman in the military has sworn an oath to defend us against all enemies foreign and domestic with their own lives, fortunes and sacred honor if required. And this, just so that we and our posterity can continue to enjoy such perhaps trivial or inconsequential things that we do in the context of the more important matters as, life, liberty and the pursuit of happiness.

If you know someone in the military or if you see one, thank them at least. At best, help them and their families with anything they may need. What could WE the People have that is more important, than our right to life, liberty and the pursuit of happiness? What have we that we would withhold from these men and women, who protect US with often their own lives or hazard their lives on a daily basis, and sometimes, moment by moment?

These men and women represent the very best of WE the People. They consist of every sex, race, color, creed, intellect, and socioeconomic status of the United States of America. They are OUR valor, our courage, our strength, our hope and dreams. They are our Semper fidelis (Latin “always faithful”), our defenders and protectors of all WE the People hold dear. They are the preservers of WE the People for OUR posterity and  OUR continuance as a nation. As such, there is no greater source in numbers and in execution of WE the People! To understand what WE the People  truly means, ask someone, anyone in the military! To understand HOW WE the People can unite and truly become WE the People, draw this from someone, anyone that is presently serving or has ever served in the military!

If WE want to understand WE the People; if WE want to understand HOW to unite and move as 1 of WE the People and as WE the People, ask anyone in the military!!!!

MilitaryEmblems_sm

Next Time click the link – The 9/12 Project?

Check out the other blogs listed to the right. Come often. Bring others. Get involved. Do something. Even if it is just leaving a comment, that’s doing something. But don’t bother in telling me how stupid I am, this won’t work or that you hate my guts and things like that. Been there, done that and heard that all before and then some. Be original. Be different. I think no greater or more eloquent words were ever spoken about getting involved, than those by President John F. Kennedy -

“Ask not what your country can do for you,

but what you can do for your country!”

1 of WE,

Dahni

an Amer-I-Can Eagle

Next Post - The 9/12 Project?
Previous Post - A New Restoration Service Why?
Front Page - Welcome & Introduction

Why is a New Restoration Service the Only Option?

June 18, 2009

by Dahni

© Copyright 10/24/09

all rights reserved

As Jim Carey would say, “Alrighty then.”

Pull up a chair, kick your shoes off, put your feet up and sit a spell.

Might as well get comfortable!

Coffee or tea?

As promised, this will be an introduction or an overview of the 8  principle actions or ideas taking place to affect change in this country of, for and by WE the People and WHY a new restoration service, The American Eagle Service is the ONLY viable solution for success.

Before this begins, you, 1 of WE, need to ask yourself just one question. Does yours, my and our present government really reflect the will of WE the People?

I already know the answer from many people and I suspect there are many more that would cry a resounding NO!

If this is your answer, then the next question logically follows. What can you; what can I and what can WE (if anything), do about it?

I am no longer here speaking to those that have given up and are no longer interested, capable or willing to change – to serve. And I am not writing to those that would just continue to moan, weep, whine and complain, but do nothing! and I am not writing to or for those that believe government owes them anything and everything from the womb to the tomb.

WE the People have real needs and concerns and WE need real answers and solutions NOW!

There are watchdogs, whistle blowers and true journalists out there that are uncovering hidden facts of darkness, error and incompetence and bringing these to the light of day. They are needed, appreciated and should receive OUR support. You know who they are or you know who you are.

There are comics, satirists, humorists and comical commentators which provide a great deal of relief to the present stresses of all and each 1 of WE. They are needed, appreciated and should receive OUR support. You know who they are or you know who you are.

But what about the rest of US? What do WE need? What can WE do? What is being done? Do you; I and WE even care? Does our present government have too much or not enough power? If it has too much as I and many others believe, how did it get it?

Quite simply put, our present form of government has an Executive, a Legislative and a Judiciary branch, purposely designed as a system of checks and balances. Are these  in or out of balance? If they are out of balance, then here is the next question.

Are the writs and works of our founding fathers and documents, Living and Breathing or are they outdated and unworkable in our day and in our time?

To begin to understand, it all comes down to one thing and it is not freedom, but liberty. There can be no freedom unless there is liberty. So then if our liberty hangs in the balance, then so do our individual and collective freedoms. Then how has this happened? In another single word, re-written.

Though the means to restrict liberty and ultimately freedom itself are more complicated then a one word answer, it is through rewriting the Law of the Land that this has been occurring over time.

The rewriting of our laws by all branches of government and enforced primarily by the Judiciary branch, have rewritten our system of government. Of this there can be no doubt. But is this what WE the people have asked for, voted for or were even given a clear choice? If it was, did we understand the choice or was another hidden agenda buried in a mountain size document; written in legal, political and rhetorical ‘speak’ that only a genius could read and understand?

I believe this rewriting of history and interpreting the Law of the Land, center around the ‘Commerce Clause of the United States Constitution, The War Powers Act/Marshall Law, Imminent Domain, Classified information under the cover of National Security, and specific dates in the 1800’s. But mostly the cause stems from rewriting our history, hiding it from us and endeavoring to replace our republic with a corporation.

The ‘blame-game’ is over, at least here! I am not about to blame anyone, question their motives or their patriotism. This is not he said, she said, I am of this or I am of that party. This is not about dividing and conquering, it is about WE THE PEOPLE! If WE do not want what is happening in our country, it is OUR RIGHT to change all of it, which even includes the formation of a new government, if this is the will of WE the People? Our founding document, the Law of the Land, OUR Constitution affords US this right and demands our unified response!

After those brief introductory remarks… :)

…what are WE to do about this? What are others of WE doing about it? What are the possibilities and which of them (if any), have the greater chance of succeeding?

The List

1.   Overthrow the government by a military coup or para-military militias? This is hardly worth even listing, but it is a possibility. However, it is not recommended as many could lose their property, their honor and their lives. This was tried many years ago and most of those that pledged these things, lost those things. They were branded as traitors. One thing that must be clearly understood by all that read here is, what came to be known as The Declaration of Independence, was based on the rule and civility of law. It was the breaking of the law by the king of England that fueled the conflict known as, The Revolutionary War. Today, any revolution must be based on the rule of law. Just being angry and wanting to fight might just get you imprisoned at least and killed at worst. There must be a better way. There is!

2.   The 9/12 Project? I was very excited to take part in this. The 9/12 Project is quite possibly what led to really doing something about The American Eagle Service here. Before today, the concept was just that, a concept, me venting and not much more than that. Initially it was a new party I thought would be needed to restore our republic. Not anymore! But for background on this, you can read the original post from another blog by clicking on: Just I-Magine – The American Eagle Party Then I got some comments from others that basically all said the same things -“What are you doing about this,” or “Are you doing anything with this? Most everyone in this country know perfectly well what happened on September 11th, 2001; where they were; what they were doing and how they felt. The 9/12 Project grew out of the idea that WE the People were United for perhaps the first time in a long time, on September 12th, 2001. The 9/12 Project’s goal is to return to that unity and to keep it going. People no matter their race, color, creed, political persuasion, intellect , social and economic status will bind together for a common goal or a common enemy. I believe now, the unity on 9/12/01 was a bond formed out of fear of a common enemy. WE need more, much more than fear to unite us! WE are still very much divided. WE need to do something and now! Oh, we must have some great leader! Who am I? I am nobody, but I am 1 of WE.  That’s who I am. I have started these 6 associative posts. This is what I am doing. What are you doing? What are WE doing?

3.   Several states are challenging ‘The Commerce Clause’ under the banner of the state’s right to regulate it’s own gun control laws. They seek to be heard by the courts and ultimately the United States Supreme Court. If somehow the previous decisions by the courts were overturned, this could nearly change everything in this country and would revert much of the present powers back to maybe the 1800’s. Some fear that if that happened, there would be mass hysteria, total anarchy and utter chaos. The chances of this happening is questionable for two reasons. The statutory, the legal presentations and arguments to the courts have got to be nearly perfect if not wholly perfect. And if they were, there is still the chance that The Supreme Court may still side with the original decisions. And why? Their opinions and their interpretations for whatever their reasons might be, that’s why.

4.   There are some which are proposing that a Constitutional Congress be convened in order to place into the Constitution the necessary changes or to change the entire rule of government. This could happen if the required number of states, call for such a convention. If  this were to happen, Congress would have to order the convention and select the delegates. Once the convention convenes, there is NO WAY TO CONTROL IT OR THE OUTCOME! WE the People must NOT call for such a convention! Be it known to all that there are those who desire to abolish the United States Constitution!

5.   Hope that the present circumstances will change and the will of WE the People will be implemented by the present party in control?

6.   Others Hope that the other party will get its act together and produce the necessary changes for WE the People in future elections? And others Hope that they can distance themselves from their own scandals and responsibility in part, for our present troubles?

7.   Remain divided and work for self, other causes, parties and candidates. Even if noble, WE the People would still remain divided?

8.   The American Eagle Service ( I don’t care what its final name might be, I just care about its principles)? Since the beginning of this country, people have been and remain divided. Our founding fathers and their writs and works understood this and fashioned the United States Constitution which did and still could, unify our nation. The various parties and branches of government over the years, have sought to gain greater influence, control and power over the other branches. Here is a quick and simple example. If I were the president and could not get congress to go along with what I want and even if I sincerely believe it is the best thing to do, I could turn to the Judiciary Branch and try to influence them to decide the matter (interpret the law), in my favor. Many presidents have tried to ‘stack the courts’ for this very purpose. The American Eagle Service’s goal if you will, is to ‘stack’ the Executive and Legislative branches of government and replace or limit the service of the Judiciary branch. How? With candidates, appointees and elected servants properly seated, willing and able to serve for a limited period of time and all under legally binding contracts with,  WE the People. They can be placed into service for a limited time and they can be replaced for failure or for breech of contract, other circumstances which would prevent them from fulfilling their term, even while in their limited terms of service, with replacements readied. Politics would become no longer a lifetime occupation, but limited terms of service as a responsibility to WE the People with gratitude for all WE have been given. I fervently believe there are sufficient numbers of independents, disenchanted democrats; disheartened republicans and others that could change the outcome of local, state and national elections, IF WE the People will stand together, unified over not a common enemy, but a common goal. Now for all those that think this cannot happen or that there is not enough time, wait until you find out WHY it can happen and sooner than you think. STAY TUNED! The goal always was and remains, LIBERTY. Liberty to me is the freedom to succeed with what I am doing or trying to do here.  Liberty also means to me that I have the freedom to fail and fail miserably, if that is what it is to be. But I who have been given so much and have paid so little, can do nothing less than to stand for something, greater than myself. And I stand for WE the People and for LIBERTY! I encourage you to learn and understand what liberty is; what it means to you, 1 of WE and to WE the People. Take a look at this associated blog post: Our Lady Liberty – How’s She Doing? Birth of an Idea

Note: I could have listed doing nothing above or moving out of the country, but they are not viable solutions, unless you are part of the problem. :)

These 8 points will be individually developed in future posts here.

Next Time Click the link – Why Overthrowing the Government Won’t Work?

Check out the other blogs listed to the right. Come often. Bring others. Get involved. Do something. Even if it is just leaving a comment, that’s doing something. But don’t bother in telling me how stupid I am, this won’t work or that you hate my guts and things like that. Been there, done that and heard that all before and then some. Be original. Be different. I think no greater or more eloquent words were ever spoken about getting involved, than those by President John F. Kennedy -

“Ask not what your country can do for you,

but what you can do for your country!”

1 of WE,

Dahni

an American Eagle


Next Post – Over throw the Govt.?
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