Butch got upset with a recent segment of Tucker Carlson that showed a blatantly legislating federal judge. My immediate response didn’t completely satisfy him. Below are Article III and part of Article II plus the reasoning behind them which are in
The Heartland Plan
, which may be found as a section in The Albany Plan Re-Visited available at http://www.bn.com/ebooks for $10.
Article III
The Judiciary
§3.01 The Judicial Power of these United States, shall be in a Federal System of trial and appellate courts with District Courts, Circuit Courts of Appeals, and one Supreme Court of Appeals, with jurisdictions as follows:
§3.01.01 District Courts shall be trial courts
§3.01.01a District Courts shall be apportioned among the states regardless of state boundaries
§3.01.01b Their jurisdictional borders shall be identical to the geographic borders of the contiguous congressional districts assigned to them by The Congress
§3.01.01b(i) No District Court may have fewer than one congressional district nor more than seven (7) congressional districts within its purview
§3.01.01c In criminal cases, the jury shall consist of no fewer than eleven (11) voting members and no more than twenty-one (21) voting members
§3.01.01c(i) a guilty verdict may be brought in by eighty percent (80%) of the voting members rounded down
§3.01.01c(ii) a death penalty verdict may be brought in by ninety percent (90%) of the voting members rounded down
§3.01.01d In civil cases, the jury shall consist of no fewer than seven (7) voting members and no more than fifteen (15) voting members
§3.01.01d(i) a liability verdict may be brought in by sixty-five percent (65%) of the voting members rounded down
§3.01.01d(ii) a punitive damages award may be brought in by eighty percent (80%) of the voting members rounded down
§3.01.01e There shall be no more than three times (3X) the number of voting members of alternates, and no less than two (2) alternates on every jury
§3.01.01f In the event of a deadlocked or tied jury, or the minimum number of jurors be passed, the judge shall seal the record and the Circuit Court of Appeals for his district shall immediately certify the record for appeal and decision
§3.01.01f(i) In addition to reviewing the record for legal errors, this Circuit Court of Appeal shall also render the verdict including all damages, real, compensatory, and punitive or in a criminal case, set the penalty including death
§3.01.02 There shall be several Circuit Courts of Appeals placed over the District Courts by The Congress
§3.01.02a Upon appropriate appeal made, the Circuit Court shall review the record for all errors of law and fact
§3.01.02b There shall be a separate Federal Court of Distinctive Appeal, which shall be responsible for all appeals from administrative and military courts
§3.01.02b(i) The Federal Court of Distinctive Appeal shall be located at the capitol but may create and order special magistrates to any locale for fact finding, but never decision making
§3.01.03 There shall be one Supreme Court of Appeal over all the Circuit Courts of Appeal
§3.01.03a Upon appropriate appeal made, the Supreme Court shall review the records and decisions of the lower courts for errors of law and fact
§3.01.03b The Supreme Court shall be responsible for resolving disputes between the circuits
§3.01.03b(i) It shall resolve disputes between the circuits as soon as they occur and certify the records no later than sixty (60) days from the rendering of the contrary decision
§3.01.03b(ii) All circuit disputes shall be resolved during the term in which they are certified, the court staying in session until its work is completed
§3.02 The Judicial Power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made under their authority; to all cases affecting ambassadors, other public ministers, consuls and civil servants when performing within the scope of their employment; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; and to appellate controversies between two or more states, and between a state, or citizens thereto, and foreign states, citizens or subjects
§3.02.01 All Supreme Court decisions interpreting statutes or this Constitution of these United States, shall be, on the day rendered, forwarded to the Congress for complete acceptance, partial acceptance and remand, rejection and remand, or rejection and direction pursuant to §1.08.01a
§3.03 Eligibility requirements for the Federal Bar
§3.03.01 All Judges, Justices and U.S. Attorneys must meet the same eligibility requirements as those for president
§3.03.02 All private counselors and advisors, appearing in that capacity in Federal Court, must meet the same eligibility requirements as those for members of congress
§3.04 Representation of parties
§3.04.01 Only U.S. Attorneys shall be members of the Federal Bar
§3.04.02 All causes, criminal, civil, administrative, or other, will be assigned to a U.S. Attorney for prosecution, and to a second U.S. Attorney for defense
§3.04.03 Any and all parties to a Federal Action may, at his own non-reimbursable expense, hire a licensed member of any bar as a counselor to assist the U.S. Attorney assigned to represent him
§3.04.03a The Court, at its discretion or upon motion of a party, may, but is not required to, and it shall be reviewable on appeal, order more than one U.S. Attorney to represent a party in a Federal Action
§3.05 Everyone protected by this constitution has access to this court provided this court has subject matter jurisdiction
§3.05.01 Every petitioner shall submit his claim to the district court in which he lives
§3.05.01a the petition shall be reviewed by two U.S. Attorneys and one judge for appropriateness
§3.05.01a(i) Appropriateness shall include a decision on jurisdiction, both subject matter and personal
§3.05.01a(ii) Appropriateness shall include a decision on frivolity
§3.05.01a(iii) If the suit be found inappropriate, it will be returned with instructions on where and how to properly file it
§3.05.01a(iv) If the suit be found inappropriate for frivolity, the petitioner shall be charged the full expense of filing and assessment
§3.05.02 If the claim be appropriate, the court will prepare the petition for filing in accordance with the Rules of Procedure and assign it to the appropriate District Court wherever that shall be
§3.05.02a The appropriate District Court shall take charge of the suit, file it, assign a court, a plaintiff’s attorney and a defense attorney from its available pool of U.S. Attorneys, and perform all other necessary functions for the just and expeditious resolution of the claim
§3.06 Juries
§3.06.01 Every Bona Fide Corporeal Federal Citizen is subject to jury duty without recourse, except:
§3.06.01a Those actually in hospital
§3.06.01b Those adjudged mentally or physically incompetent by both a doctor of competent jurisdiction and a sitting Federal Court or under the age of eighteen (18) years
§3.06.01c Military or Civil Servants serving overseas or whose duties are of such paramount necessity to the public defense or health that to require their attendance endangers the public welfare
§3.06.01c(i) In such cases jury duty is postponed, not exempted
§3.06.01d Those scheduled to have life saving surgery during the time estimated for trial
§3.06.01d(i) In such cases jury duty is postponed, not exempted
§3.06.01e The President of the United States; The Speaker of The House; and, The Counter-Speaker of The House
§3.06.02 Jurors shall be compensated for their service by bringing the prior year’s 1040-IRA form and an hourly compensation will then be ascertained; compensation will then be at the hourly rate for the first forty (40) hours per week with the next twenty (20) hours at one hundred and fifty percent (150%) for the next twenty hours in that week and at two hundred and twenty five percent (225%) for each weekly hour past sixty (60)
§3.06.02a The court shall provide the second meal for any day where the juror’s time exceeds eight (8) hours
§3.06.02b Jurors shall supply the court with a statement of benefits from their employer or other provider of same and the court shall directly reimburse the provider the cost of such benefits for the duration of jury duty
§3.06.03 There shall be no peremptory challenges
§3.06.04 No potential juror shall be dismissed for any reason other than cause shown and cause shown is reviewable by the appellate court
§3.06.05 Avoidance of jury duty, or the filing of false information to avoid jury duty, is a felony
§3.07 Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, or giving them aid and comfort, or in supporting them financially or materially
§3.07.01 No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court
§3.07.02 The penalty for treason is death without stay or pardon
§3.07.03 No attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted
§3.08 No Federal Court at any time nor in any manner may grant a criminal greater rights or privileges than has a bona fide corporeal citizen of these United States of America
§3.09 Federal Judges and Attorneys shall have, once appointed, tenure for life or voluntary retirement, excepting that:
§3.09.01 §1.03.05 applies
§3.09.02 The President or the House may remove any judge or attorney for medical or psychological reasons, proven in a court of competent jurisdiction, including but not limited to, a finding of drug or alcohol dependence or abuse
§3.09.03 A judge or attorney once dismissed, may never be reinstated
§3.01 & §3.02
What appear to be overwhelming changes from the 1787 Constitution are actually what was originally intended in the 1787 Constitution, by both the Hamiltonians and Jeffersonians, were reiterated in the Constitution of the Confederate States of America, and from time to time by various presidents and governmental watchdog groups, each having recommended one or all of these things. Each time that one or more of these have been suggested, the United States Supreme Court has made its next decision on whatever subject raised everyone’s ire, a slightly retrograde decision which never recovers a tenth of the ground lost but which placates all of the court watchers but has continually moved us into the realm of socialism and of judicial legislation. The quick proof is to look at almost any controversial opinion made by the 9th Circuit Court of Appeals and where the U.S. Supreme Court has ultimately ended up. Another quick proof is to look at how easily the avowed socialist Ruth Bader-Ginsberg and Sotomayer were confirmed and to how impossible it has been to get Moderate Republicans confirmed, never mind actually getting a Republican or a Conservative confirmed. The best quick proof has been the death penalty.
When the founders put in the clause regarding cruel and unusual punishment, they were specifically talking about stocks, branding, maiming, dunking, drawing & quartering, castration, forced bankruptcy then moving the debtor and his whole family into debtors prison where he and they became day-laborers-slaves and died still in debt, as it was structured to be impossible to work the debt off, the debt being then inherited by his heirs.
Jefferson knew about this personally as he was debt free until he married. When his father-in-law died and they inherited her proportional share of his estate, Jefferson found himself so in debt that he never recovered. He himself died selling family/slave members west and a bankrupt. The state of Virginia allowed a lottery for the purpose of relieving his debt around 1823 but still couldn’t raise enough money to satisfy his creditors. (Jefferson, 3rd President of the United States, died on July 4th, 1826 coincidentally within hours of John Adams, 2nd President of the United States, who died debt free.)
So, here we have a structure that places justice back into the hands of the citizenry. Currently, you do not have the absolute right to a jury trial in a civil case. You now have to ask and the court may deny your request. Also, the structure of the courts is codified. The Federal Circuit Court is now the Circuit Court of Appeals for the District of Columbia. It just so happened to evolve this way because when you sue the federal government, you must file in D.C., hence, the D.C. Circuit Court of Appeals just so happened to get the bulk of the administrative cases. This hasn’t affected how the individual circuits have interpreted the Code of Federal Regulations, the C.F.R.’s which are the regulations formulated by the various government agencies for the implementation of their powers. One need only check on what the 9th Circuit has allowed or what the EPA and NLRB have gotten away with.
A quick proof is the judicial extension of the Social Security Act by the 9th Circuit back in the 1970’s.
The SSA was for people who put into the funds. If you didn’t contribute to the funds or be the widow or minor child of someone who had contributed into the SSA trust funds, you weren’t eligible to receive any Social Security checks of any kind. With the influx of Vietnamese refugees, some claiming post-traumatic stress from watching their villages, farms, relatives or jungles being bombed into the stone age by the United States Air Force, all on their own testimony without corroboration, and Administrative Law Judges (ALJ’s) denying these claims, when appealed through the District Courts to the Circuit Court, the 9th Circuit decided to extend to these poor people one hundred percent (100%) vesting in the Social Security Plan. You should research this yourself to make certain that this is the correct order of things. It just may be that Congress violated the constitution and the original SSA and the 9th Circuit was merely following the will of the people as placed into law by the elected representatives of the people. Regardless … .
Another quick proof is the death penalty issue. In every poll and at every election, the citizenry are in favor of the death penalty with an affirmative vote of at least 70%. Yet the courts, both state and federal, keep saying that killing a murderer is cruel because it inflicts a certain amount of pain on him. Let us consider the absurdity of this position.
First, it’s not up to the courts to decide this issue, it’s strictly legislative. Second, even if you’re an atheist, what’s the real difference between death by lethal injection and death from old age? Personally, death by lethal injection is much more humane than requiring someone live in Leavenworth Prison for thirty, forty, fifty or more years.
Technically, the bulk of this section shouldn’t even be in a constitution. Most of this is statutory in nature. Because the courts have become havens for the personal agendas of the judges, it’s necessary to spell it out for them and remove so much of their discretionary powers.
§3.03 through §3.05
These are huge changes from the way that we currently operate, but, again, they’re actually what was intended by the founders, and the last 220 years have shown that they are necessary for justice.
The first purpose here is to screen potential legislators from gaining the bench. The second is to screen self-servers. The third is to actually remove pecuniary interest from the litigation process. Overall, the purpose is to fulfill the social contract of government.
With the development of civilization came property. With ownership came thieves. With thieves came the realization that you couldn’t stay awake 24/7 to protect your property so the law, and police, and the courts, were invented. Brief and superficial, but sufficient for our needs herein with the exception that until very recently, we have retained the rights of self-defense, defense of others, and defense of property, by the use of deadly force, to ourselves.
In order to keep the peace, we allowed for the expansion of courts and police and, for most of us, the un-intentional relinquishing of our rights of self-defense. Our hired police would both prevent crime and capture criminals for trial in our wonderful jury system, which, if they were proven guilty, they would be removed from our society and punished. Again, this is an oversimplification, but it states the obvious and places the foundation for the changes in the judiciary. In the XXth Century, with all of its psycho-babble, liberalism interpreted as self above all, and dumbing down while insisting upon unearned self-esteem as the standard for maturity, the criminal has been exalted above the citizen and been given rights and privileges far beyond those of the citizen.
Several quick-proofs are readily apparent. The 1787 Constitution provides for a jury trial. Now, a citizen does not have the right to a jury trial, but must instead ask for one and the court believes, erroneously, that it can deny this request.
A criminal has the right to a speedy trial, usually meaning within nine (9) months of the indictment. Civil trials, especially with the federal government as defendant, can go on for years without resolution. Further, in the Federal Code of Civil Procedure, the federal government has several privileges not permitted to others. An extended time to answer a complaint and special rules regarding judgments are just two such examples.
Health care is a third area where the criminal benefits more than the citizen. Thanks to the legislating 9th Circuit, if a serial killer, in jail for nine hundred and ninety-nine years (999), needs an organ transplant, he goes to the top of the waiting list and WILL be the next to receive a liver, or lung, or heart, whereas the taxpaying citizen must first be assessed to determine how helpful a transplant will be and then he’ll go on a waiting list behind everyone else who is already on the list. Criminals, thanks to the courts, have better health care, nutrition, leisure activities, educational opportunities, libraries and social services than families of four with a gross annual income of fifty thousand dollars ($50,000). Facilities, services and punishments for criminals, solely the legislature’s responsibility, have been usurped and standards set, by people rarely if ever subjected to victimization by anyone.
Another area where the courts have imposed not only their own standards, but their arrogant ignorance, is the area of social justice. Here, quick-proofs abound to the point of absurdity, and the Obamacrats keep adding more.
First, some historical asides to set the stage. According to historians, slavery is an economic circumstance and one not particularly related to race. Prior to 1750, race wasn’t much considered as a factor of slavery in the United States, but one of circumstance. As late as 1860, substantiated by an analysis of the 1860 United States Census by the Kennedy Brothers, Ronald and Donald, 42% of slaves were Amerindian, Chinese and white; 32% of slave owners were black, among them were some who’d escaped their fates on the Amistad. According to the November 2006 issue of Reader’s Digest, slavery is common enough in New York City. As a matter of religion, twenty percent (20%) of this world’s population believe slavery is appropriate and it is not only their right, but their duty to enslave the infidel.
According to Hugh Thomas, The Slave Trade [Simon & Schuster, © 1997, ISBN 0-684-81063-8] over eighty percent (80%) of the eleven million plus (11,000,000) Africans taken into slavery and shipped to the New World, were enslaved by fellow Africans who bartered them away to, in descending order, the Portuguese (Brazilians, who ended their slavery in the 1880’s while Yankee clippers from Boston still profited from the trade), the English (who in fact forced slavery onto Virginia – the early colonists allowed indenture but not slavery but since the king got a percentage of every slave’s sale, the Crown Colony was required to admit slaves), the Spaniards, the Dutch, and the North Americans.
Fewer than half of American slave owners owned more than five slaves, and those with fewer than five slaves generally, they all lived in the same house and attended the same church, all as one family. Less than sixty percent (60%) of the blacks living in the United States are descended from slaves and fewer than twenty-five percent (25%) of the non-black population are descended from people who were here in 1850. Of even more interest, less than five percent (5%) of today’s American population are descended from anybody who’s ever owned slaves and thirty-two percent (32%) of that five percent, are black The richest slave owner in Charleston SC in 1860 was a black man named Jackson who owned seven plantations and over 680 slaves. When Lincoln was elected, he sold all of his property for gold and moved north to Chicago. When Farragut and Butcher Butler took New Orleans in 1862, the second richest slave owner was a black widow who had all of her cotton stolen and sold to Butler’s British cotton factors for way below market.
Women, until the birth control pill, were subject to a lesser status than men for various reasons.
Species continuity requires that women conceive and bear healthy children. Until penicillin, in the 1940’s, infant and child mortality was high. Married women, who accounted for approximately two thirds of the female population, were frequently pregnant and forced to labor at home, not necessarily because her husband wanted it, but because of the circumstance of child rearing combined with child bearing. They simply were unable to be out in the work force overseeing or participating in manufacture. Property laws and tra-ditional behavioral standards kept them there.
Of the other third, most were spinsters living in somebody else’s house and surviving on, usually a relative’s, generosity. Read your Jane Austen for some insight.
Judicial legislation in the way of desegregation decisions based on “disparate impact,” or quotas for employment or school acceptance are based on both false historical “facts” and improper application of statistics.
When an area has 70% of its criminals being black, it might behoove the court to see what the community is made up of. If the community is 70% black, then the police force is not targeting the black community. If 70% of the criminals are Latino and 70% of the community is Latino, then the police force is not targeting Latinos. It’s an odd thing, disparate impact.
First, the disparate impact shall be looked at and then the others.
“Disparate Impact” means that if a plaintiff can show the judge that his group has a lesser standing or greater handicap than the white male, that is automatically discrimination. No other factors need be taken into account, nor how this disparity evolved. In Kansas City, we have recently gone through a twenty year forced desegregation program, costing the state of Missouri over two billion dollars ($2,000,000,000) in tax revenue because a Federal Judge was shown that kids in the Kansas City Missouri School District performed much lower on the standardized tests than those “similarly situated.” No interest was shown in the children’s backgrounds, environment &c. The court was shown that over seventy percent (70%) of the student population was black and Hispanic, and, therefore, it was the segregated school district that had caused this failure rate. Therefore the school district must be desegregated, regardless of the cost. Never mind that the district was 70% black and Hispanic, and the results were, according to the sociologists, because of the broken homes and poverty &c in their environment, which means that spending more money on the schools will have zero impact on the root causes of these kids’ academic failures , the Federal Court ruled that the district must desegregate. It also ruled on how the state of Missouri must spend its tax dollars – something strictly forbidden it by the 1787 Constitution. One absurd result of this ruling was that a child in Odessa MO, over fifty miles away, was “bussed” in by private cab at a taxpayer cost of over $150/day. So the school that needed more whites could have more whites; and the real result as of today, March 23, 2012, is that the Kansas City School District has become dis-accredited and many of the schools closed, but administrative staff and costs about what they were or higher than, in 2000.
In New York City, for many years Hispanics failed the written driving test at a much higher rate than whites. The test was given in English, so those who were not fluent in English, failed at a higher rate, thus, “disparate impact” on a racial group. Automatically, this was decided to be discrimination, and the test then had to be given in whatever language the candidate was comfortable with. Never mind that driving is a privilege, and, therefore, not covered by the 1787 Constitution, and never mind that driving licenses are strictly a state’s right where the feds are forbidden to meddle, and, never mind the extra cost for these additional changes or the hiring of translators for languages not common enough to warrant printed exams, and never mind that the reason that some of these people couldn’t pass was because of the educational system from whence they came, but, more importantly, never mind that by requiring the candidate to learn some English, he was forced to become American! Forced to integrate himself into the American Culture, imagine that!
And, don’t let’s get started on Medicaid!
Colleges with higher standards than average for admittance have been forced to accept under-qualified minorities, but not white females, and provide them with remedial classes, at double taxpayer expense as these skills have already been paid for in high school. These minorities then had a higher than normal drop out rate, because they were unfit for the curricula of study, which feeds the Catch-22 of “disparate impact.” Now these schools are discriminating because there’s a higher percentage of minority dropouts than whites, so, some are passed through without actually earning a degree but getting one anyway or programs are dummy-downed.
Community Standards are another way in which the courts legislate their personal agendas. When it comes to zoning, community standards require all sorts of restrictions including building size, occupancy, and location based on use, &c. However, pornography, or where a halfway house, or drug rehabilitation/ testing office is located, is purely at the whim of the judge. Quick-proof is when a half-way house was going to be located in a judge’s neighborhood in Westchester County, NYS, it wasn’t allowed because it would overburden the utilities, but it wouldn’t overburden the utilities in The Bronx, which if you’ve ever driven on the Cross-Bronx-Expressway, you’ll know looks like Dresden Germany the day after the fire bombing in World War II. Judges apply different standards for themselves than they do the people who have no control over them.
§3.06
Juries. Part of the problem with the lack of justice is the ability of the court to disallow citizens to participate on a jury on a whim, and that potential jurors can escape jury duty for any reason or no reason and without good cause shown. Actually, this, as certain other sections, shouldn’t be in a constitution. This should be a statute. However, the phrase, “why would you want a jury of people too stupid to get out of jury duty,” is all too true.
Judges and attorneys do not want anyone educated to sit on a jury, nor do they want anyone who may view the facts dispassionately. They all want an easy resolution by either overwhelming the jury with so much crap that they take the easy way out or they appeal to their emotions to get huge jury awards. Quick proof: there is no substantial evidence as to what causes cerebral palsy. The Plaintiff’s bar has made themselves billions of dollars by appealing to the emotions of jurors. The widow of a man who used Vioxx for less than nine months and then died of heart failure, is certainly not entitled to $50,000,000 for the loss of his life’s earnings and consortium, much less a punitive award of $250,000,000 when the evidence so clearly shows that the patient must take Vioxx for over 24 months to have any serious side effects. A jury made up of people from the community, college graduates as well as high school drop-outs, men and women, probably would not have come to that decision.
When one looks to Europe, we see that in these kinds of cases, an economic assessment is made for the bereaved family and that’s what they receive, and, if the manufacturer is found to have been negligent, the corporate leaders are charged with manslaughter and do time if convicted. Here, we try to keep things on the economic plane, keeping in mind fair play, equity and justice, which the courts disallow.
By having juries defined and the community protected by these rules, and the pecuniary interests of the judges and attorneys completely removed from the litigation process, justice will become the norm and injustice an aberration.
§3.07 through 3.09
These are self explanatory. The section on not allowing criminals more rights that citizens is fairly well covered above. The penalties’ section simply removes the undesirables from staying on the bench.
More Reasoning
Another quick proof of the malignant intentional negligence of the court system, and one which is about to cost the taxpayer trillions of dollars, is the allowance into the court system of a suit for reparations by people alleging to be descended from slaves, here in the United States. This gross injustice is so rife with illegal and non-judicial forms that it must be commented on.
A quick historical background on slavery in the western hemisphere has been pointed out above. In addition, it’s necessary to point out that the people who profited from slavery include all those northern states who provided the ships and ports, and agents in Africa who bought the slaves originally and those that took Federal Dollars to improve roads and canals, those Federal Dollars being tax revenue from primarily southern states. However, just to point out the legalistic nonsense involved and allowed in this suit, read on:
First, in order to file the suit, you must be the one injured. No one in this country can claim to have had his labor stolen by the government. The United States Government has never owned slaves and, in fact, when Lincoln tried to avert the War of 1861 by asking congress to buy the slaves, he was told that the federal government wasn’t allowed to own slaves, even for the limited purpose of manumission. When Lincoln proposed to buy the slaves from the slave states that had stayed loyal, Kentucky, Missouri, Maryland, & Delaware, his purpose to prove that the war was being fought to preserve the Union, not to free the slaves, which was an unconstitutional purpose, he was told that the necessary and proper clause wasn’t broad enough to allow congress to spend the money that way and that the spending clause also prohibited this purchase. His decision to free the slaves through The Emancipation Proclamation was allowed only because it didn’t apply to the United States but to a foreign nation with which the United States was at war and because it was not a government action, but an action by the military applying only to an enemy state! So, nowhere in the 220 year history of the United States has the United States owned slaves. Plaintiff’s lack standing for this reason alone.
Second, you must be the damaged one. Reparations suits have been allowed by the courts where the plaintiffs have been Japanese-Americans wrongfully incarcerated during WW II and for Jews and others against Germany and Swiss Banks for the theft of goods and labor. There is also a suit being considered against Japan by WW II veterans who were used as forced labor to build roads, bridges and work in factories, where, again, only those living have been allowed in as parties, none of their descendants. In this suit, no one originally a slave is a plaintiff.
Third is the all-necessary parties rule. In order to provide justice, you must make all those liable parties to the suit. Generally, this is considered a class action suit. Now, let’s look at those actually liable in the reparations issue: First, those who took the original peoples into slavery, according to the actual facts and records, were 80% African Tribesmen who took other tribesmen into slavery, a practice that still goes on today. Not one African tribe or country is included as a defendant. Secondly, there were those who transported the slaves, primarily Boston and Providence shippers, none who’ve been made defendants.
In such a suit, all the plaintiffs must be included or given the chance to be included. Everyone has seen the ads in Reader’s Digest and TV Guide, where you need to file as a plaintiff in one of the asbestos suits, or breast implants, or Vioxx. The same joining of parties is necessary in this suit. Since this is a suit for reparations for some ancestor having been a slave, then just about everyone should be a plaintiff because somewhere in your history, and mine someone was a slave to somebody. Being Polish, several generations of my ancestors were enslaved as serfs by the Russians; a serf being worse off than a slave because a slave has value and a serf is only part of the land, like a tree or a rock. If this reparations suit were reasonable, then we’d all be plaintiffs and every institution, business and government would be a defendant. Simply as a matter of law, it’s a necessity to include all necessary parties. Not done here.
Further, in order to be just, only those who originally owned slaves can be assessed damages. My grandparents came to this country to get away from the war. I’m second generation. To the best of my knowledge, no one in my family has ever owned slaves, but in fact, have been Russian Serfs. I should be a plaintiff. On the side of defendants, in order to be just, a study would have to be made as to who was here before 1866 when slavery was abolished by the 13th Amendment, as well as who is actually descended from an actual American slave owner. And, someone had better include those blacks descended from that 32% of slave owners who were black.
Next is the issue of Statute of Limitations. If these people who were not damaged by slavery are entitled to bring suit over one hundred and fifty years after the last occurrence, then everyone can bring suit against anyone and everyone for any reason at any time regardless of law or reason. The Statute of Limitation for a suit of stolen labor is less than ten years in Missouri. This means that any suit filed after 1876 should be dismissed for un-timeliness.
Next is the issue of Cause of Action. Is this really a suit for damages for discrimination or for forced labor? Forced labor is really a States’ issue and should not be in Federal Court for that reason alone. If this is a discrimination issue, then where are the Amer-Indians, Chinese and Caucasian descendants necessary for adjudication?
Damages must be for a sum certain or there must be some method of determining damages. In this suit there is no reasonable formula for computation of damages. In fact, there is no formulation for who should receive those damages if it becomes possible to ascertain them. Less than 60% of the blacks living in the United States today are descended from American slaves. How is the court supposed to determine who collects what.
Along with the issue of damages is mitigation of damages. How is the court going to count the monies spent by congress on welfare, affirmative action, EEO &c., or the monies given to charities or The National Negro College Fund, &c, by whites and others, against any spurious damages? Impossible.
Best yet, whom can they collect against? All the slave owners and their property are long gone. Under the 1787 Constitution, the court does not have the authority to order the Government to pay damages caused by private individuals, only congress can do that and only for a legitimate reason. Any order by the court to pay from tax revenue is unconstitutional on its face. The suit should have been dismissed as not in the jurisdiction of the court, but in fact a legislative issue. And Congress is forbidden to pass Bills of Attainder and Ex Post Facto laws. Meaning, you can’t post date a law back one minute, much less 160 years or more, just because you want to. And, the court has no jurisdiction in this matter.
Instead the people of the United States, over 95% who have no involvement in the issue, are staring at a lawsuit, or not because the mainstream media hasn’t reported this suit, are going to be out trillions of dollars.
One thing not mentioned above, is that the lawyers involved will make a fortune on this bogus suit. The court will award attorney’s fees to the lawyers. Article II removes the litigating federal attorneys from all temptation of financial gain through misapplication of law or procedure. Even in a case where the court feels that the suit needs more lawyers, in Kansas City alone, there are over 200 lawyers available for temporary work at $23.00 per hour, no benefits other than overtime, so additional lawyers, not U.S. Attorneys, are readily available at reasonable rates, as temps.
These changes are necessary for justice and to stop the millionaire jury lottery that our courts have become. Make a group of people not smart enough to get out of jury duty sympathetic, and regardless of law and fact, become an instant multi-millionaire with the lawyers getting up to 60% as their fee. (State of Missouri allows 60% to attorneys in contingent fee cases.)
Nope, these changes are not only necessary, they are righteous.
[From Article II, The Legislature:]
§1.08.01 The House shall have the following Standing Committees with the responsibilities as delineated therein, plus those others to be delegated and revocable to them by The People, and in The Senate revocable by The States:
§1.08.01a Judiciary
§1.08.01a(i) Within thirty (30) days of a decision by The Supreme Court on any Constitutional Issue, or Interpretation of a law passed by congress, this committee will recommend either the acceptance of the court’s interpretation in its entirety, acceptance of a part of the interpretation remanding the remainder for the court to reconsider, for which it will have no more than ten (10) days to submit a re-interpretation for this committee to reconsider, or reject the court’s interpretation in its entirety in which case the court will have ten (10) days to resubmit its decision; this committee shall have the privilege, not right, of suggesting to The Court a more appropriate decision
§1.08.01a(ii) When the committee has decided to accept the court’s interpretation in its entirety, it will then submit to The Congress the Court’s decision for its approval
§1.08.01a(iii) The Congress will then, as a committee of the whole, decide to accept or reject the Judiciary Committee’s Report. In the event of a rejection, The Congress shall have thirty (30) days to write and pass by a 60% majority of the Quorum of the entire Congress, a decision that will then be the final decision as to the interpretation of this Constitution or of the Federal law in question
§1.08.01a(iv) The Judiciary Committees shall recommend the appointment of all Federal Judges and Attorneys from the appropriate lists provided to them by The President to The Congress
§1.08.01a(iv)A Appointments must be made within thirty (30) days of a position becoming vacant
§1.08.01a(iv)B Appointments must be made from and only from the pre-existing list of candidates provided by The President, said lists further defined in Article II, The Executive
§1.08.01a(v) The Judiciary Committees will be responsible for recommending to The Congress for its approval all Rules of Civil Procedure, Rules of Criminal Procedure, and Rules of Evidence, keeping in mind the recommendations of the Chief Justice of the Supreme Court and also that of The Executive as submitted by The Attorney General of the United States, but neither shall they be bound by such recommendations
§1.08.01a(vi) The Judiciary Committees shall be responsible for the recommendation of Impeachment of Federal Judges and U.S. Attorneys, when called for by a Writ of Impeachment from either the Chief Justice of the Supreme Court or by The Executive or by themselves, or by the Legislature of the State in which the Judge or Attorney is assigned
§1.08.01a(vi)A Said Writ shall clearly state the breach of this Constitution alleged, the evidence supporting the Writ, or, present the Conviction of Felony requiring said judge’s or attorney’s dismissal as required in Article III of this Constitution
§1.08.01a(vi)B If said Writ is presented by a state’s legislature, the Writ must have been voted approved by 75% of both houses of that legislature, 75% of the full legislature, not 75% of the quorum
§1.08.01a(vii) At the direction of The Congress shall provide all other oversight necessary to prevent the court from legislating
1.08 Required Committees and their responsibilities
Specific Committees designed to do certain things. The Founding Fathers, as noted in the preceding comment, had limitations on the franchise. They believed that certain issues, even those that were unpopular or messy, would be properly handled because congress would be made up of responsible people. Two Hundred and Twenty years have shown us otherwise. Just look at the number who routinely bounce checks. Look at the pork. Look at the current spitefulness & partisanship wrangling, over 9/11 and the Iraq Vote. Look to Obamacare and all of the waivers; and, if that’s not enough, go read Throw Them All Out, for the insider trading, legal for congress, illegal for you and me.
Look at the National Debt, or don’t. Whether you do or don’t, YOU owe over $100,000, as does each man, woman, and child who’s a citizen in this country. We’ve got this debt because members of the congress created by the 1787 constitution, are irresponsible and represent only special interest groups and most particularly not the middle-class taxpayer. (The current National Debt is over 16.75 Trillion Dollars – $16,750,000,000,000.00 now divide by 300,000,000 and that’s how much each individual owes, and really, who’s going to pay that money off? )
In recent history various congressional responsibilities have been ignored and the executive and judicial branches have stepped into the vacuum. Roe v Wade is only one public example of such. The Dred Scott Decision, for those who are actually familiar with it, is another. Almost every decision of John Marshall’s, starting with Marbury v Madison, has been a lurid and successful attempt at taking power away from the people. Reading from The Federalist it seems that the Founding Fathers would have approved. Reading from the works represented in The Anti-Federalist, The Massachusetts Plan, and those speeches in Congress from about 1820 through 1860, as well as the constitutional debates themselves (1787), it’s shown that the 1787 constitution became terminally ill with Marbury.
In both sets of essays and such works as Calhoun’s A Disquisition on Government and Geo Washington Letters to Bushrod Washington and the various letters of such note-worthies as Senator/President Jefferson Davis, Senator Stephen Douglas, President Abraham Lincoln, President John Adams, President Thomas Jefferson, et al, congress is MEANT to supersede the Supreme Court and the Executive. Instead, for fear of offending some special interest group back home, much power has left the people by the ineptitude and cowardice of the national legislators.
By having specific duties and responsibilities spelt out, The Congress cannot but do its duty and fulfill its obligations to the nation. The questions of constitutionality of abortion would’ve been answered within six months; Spiro Agnew would’ve gone to jail a lot sooner; the National Debt would be a lot less; a $500,000,000 bridge to nowhere in Alaska wouldn’t exist; Cindy Sheehan and now Sandra Fluke, wouldn’t be in the news ad nauseum.
An historical aside is that before the Marshalistas got control of the Supreme Court, constitutional issues were put to the jury, not to a judge or appellate court with its own agenda.
Productivity+Resources=Wealth
Productivity + Resources=Wealth
Part One
Initial Hypotheses, Welcoming Input
Printed: 26 December 2025
Oxford Dictionary of Finance and Banking (ISBN 978-0-19-878974-1): wealth p 501“The value of the net assets owned by an individual or group of individuals. It is the value of assets minus the value of liabilities.”
Asset p 25 “any object, tangible or intangible, which is of value to its possessor.”
Black’s Law Dictionary, Ninth Edition (ISBN978-0-314-19950-8) wealth p 1730 “A large quantity of something. 2. The state of having abundant financial resources; affluence.”
All Wealth is created by the application of Productivity to Resources of defined specificity.
There are several genuseris of wealth.
Material Wealth is created by taking natural resources, applying productivity to them, to produce Products. The car that you drive, the appliances in your kitchen, the clothes that you wear, the abode that you live in, &c., are examples of Material Wealth.
Industrial Wealth is the state of a specific State’s economic productivity, often referred to as Gross Domestic Product or Gross National Product. It is made of both the manufacturing capability of the State and its service sector. U.S. Steel, Inc., is an example of Material Wealth.
Stipendia Wealth is access to professional services of another. Lawyers, doctors, cab-drivers, cooks/chefs, accountants, &c., perform stipendorum for barter or merchandise. Janes Group, Inc., the premiere news gathering and analysis agency, is an example of Stipendorum. Stipendia is counted in the Service Sector of GDP, however, Stipendia also includes the non-monetary contributions of volunteers, house-spouses, and charitable organizations.
Health Wealth, i.e., bodily well-being, is created by proper diet and exercise, productively applied to one’s person. The result being toned, well-fed, and reasonably immune from various diseases and illnesses, barring, of course, those externals such as COVID. Jack LaLane was an example of Health Wealth.
Mental Wealth i.e., psyche well-being is created through productively using one’s mind through learning and mental exercise, and the application of beneficial philosophies, e.g., the Socratic Method, Taoism or Christianity. You are an example of Mental Wealth.
Social Wealth is the productive application of the Social Contract to create and maintain a Society wherein the Individual’s Rights & Liberties[1] are equally respected by all, AND where the Individual’s Freedom to productively apply his inherent abilities to their fullest potential is respected by all and criminal activities are completely excluded. The Jeffersonian Yeoman-Farmer is an example of Social Wealth. This Social Wealth is a promise made to all of humanity by The Founders of these United States and may be found in The Declaration of Independence 1776, The Constitution of The United States 1787, Thomas Paines’ Common Sense, and particularly in The Debate on the Constitution.[2]
Throughout History, Economic Schools of Thought have only dealt with Material Wealth, even though the other areas are the fount and drivers of Material Wealth and are inseparable therefrom!
This failure to hypothesize a Universal Economic Theory has kept Mankind in violent conflict with ourselves. These conflicts are the creators of such waste in both resources and human potential that if it had not been for such nonsense, Mankind could have colonized all of our Solar System and be now exploring our Galactic Spiral Arm. F.A. Hayek is the closest economic philosopher to thinking in universal terms with his emphasis on individual knowledge.[3]
Current Economic Schools divide the economics of material wealth into a spectrum of Collectivism to Individualism.
Absolute Collectivism is the idyllic state of ALL working for the Common Good, and none receiving any benefit above that or different from that of any other person. A Beehive is almost this state. However, even in the Beehive, is there an aristocratic hierarchy wherein some have material benefits granted on them that are not available to the common worker, breeding with the Queen is only one example. Such a society would be so bland and homogeneous that even the concept of the individual would not exist. Innovation, invention and intellectual & spiritual growth are alien to this idyll. Ayn Rand’s Anthem describes this state and its end. [4]
Those who have professed to this idyll have always created abusive tyrannies resulting in unacceptable waste of human potential and natural resources. Examples are so numerous and extend back to Man’s keeping records, but just as starters, Egypt and the Pyramids, China’s Warring States Period, and its subsequent and eternal Imperial Dragon Throne, Mao/Xi and the millions of abortions and the starving of their own people, and down to Castro’s Cuba with its monthly black-outs, Stalin’s U.S.S.R., Maduro’s Venezuela, all of the African Tribal States, and on and on.
Because of Man’s inherent individuality and genetic makeup, i.e., exogamic reproduction, homo collectivus, is an impossibility. There will always be the selfish individual who will take advantage of the virtue of altruism to raise himself over others. Often this selfishness manifests as Crime i.e., criminal activity as a “profit making” enterprise. These individuals have no qualm as to stealing the productivity of others. Slavery, theft, and fraud are examples, yet no example is more egregious than that of taxation which exalts one person or group to the diminishment of others. All such exaltation occurs through violence or the threat of violence. Not one of such activities creates wealth.
Collectivism has always been attributed to the Political Left, regardless of the Age. The transitions from the Roman Republic to the Roman Empire, and that of the Warring States Period to the Imperial Dragon Throne, demonstrate this. People(s) exalting themselves are socially exclusionary, thereby making the excluded not only aliens, but their economic structures and properties proper targets for expropriation through any means, as these aliens are perceived as threats to the self-styled elites. Thus, in soviet style jurisdictions, the peasant has the same access to the same goods and services as all other peasants, the Party Elite have access to the same goods and services except that for the peasants, the shelves are empty of product, apartments are unavailable, and personalty are lost in Siberia, yet the Party member has access to the Gom Department Stores, apartment blocks that actually exist with habitable rooms and electric & plumbing, and doctors & medicine that are physically located in their neighborhoods. In PRC hospitals, party members are given luxurious private rooms and personal doctors, whereas the commoner has a straw filled mattress spread among a ward of straw filled mattresses and share a doctor’s visit, if & when.
Political forms of Collectivism that are on the far Left are indistinguishable from each other, differing in name only, not content or result. Note that these are, in practice, not economic forms. As an aside, note how the USSR priced all of its goods and services.[5]
Communism (from the Communist Manifesto: 2, 4)
2. In this sense, the theory of the Communists may be summed up in the single sentence: Abolition of private property;
2. In proportion as the antagonism between classes within the nation vanishes, the hostility of one nation to another will come to an end[6];
2. The Ruling ideas of each age have ever been the ideas of its ruling class;
4. The communists disdain to conceal their views and aims. They openly declare that their ends can be obtained only by forcible overthrow of all existing social conditions. Let the ruling classes tremble at a communist revolution. The proletarians have nothing to lose but their chains. They have a world to win. Working men of all countries, unite![7]
Communism today has several iterations, but the commonality is twofold: 1. The end of private property; and 2. Creation of the hive with its inherent and inherently evil tyrannical aristocracy through violent means.[8]
Iterations of communism include communism, Marxism, socialism[9], progressivism, faux liberalism[10], Hamas, AntiFa, democratic-socialist, and democrat. The Republican of the XXIst Century, using Safire’s definitions[11], is the Jack Kennedy Democrat of 1960. The policies of fiscal responsibility coupled to the social safety-net are identical. The moderate and the centrist of both American political parties are non-existent. Note how Moderate Democrats, Joe Manchin/John Fetterman, talk a good game but always vote the Marxist party line. On the GOP side, the Republicans almost always vote the party line, but which Party? The party is split by both The Tea Party and The Freedom Party, the latter two including partizans of Libertarian and Conservative alleged positions.[12] Thus the surface unanimity is in constant non mentis internal dissent. Thus, the party line is schizophrenic. This places progress in a manic flux of progress and oppression with both having a negative impact on economic growth and social well-being.
The form of government created by these people is a kakistocracy, defined as a government of the worst men. James Russell Lowell (1876), a government for the benefit of knaves at the cost of fools; a government by the worst of men, for the benefit of rogues, paid for by simpletons.[13] That said, all of these forms are utilized to interfere with the operation of the honest & open market-place and take the wealth of the productive for personal gain without having to contribute to the creation of that wealth. The primary methodology is fear coupled to hatred by creating warring exclusionary groups; groups based on arbitrary and conflicting differences allowing them to be manipulated by fear and lies and kept in abysmal social & economic ignorance.
History[14] showed The Founders that this always occurs when the plebe is ignorant and unarmed, leading to the aphorism: Freemen are armed and educated; Slaves are unarmed and ignorant & arrogant. With the possible exception of Fundamentalist Judaism as professed by Elijah and Moses, this holds true and is the basic reason for the U.S. Constitution’s IInd Amendment. It also explains Jefferson’s preference for the Yeoman-Farmer, and Hamilton’s preference for the Jobber.
Notice how the external infringement upon the individual’s private property and productivity extends from the Left through the Center and well into the Right. Jack Kennedy tried to push some individualism into the Federal Bureaucracy by creating the civil service union membership via Executive Order. Notice again, how the Left eschews the true popular vote.
Control of The Warrior Class by the Kakistocrats, coupled to Man’s inherent desire to root & nest has led to the abuses of one-party rule, as in Oregon, Hawaii, California, New York, Cuba, Venezuela, PRC, USSR, 3rd Reich, &c.[15]
The failure to limit government to its fundamental and only legitimate activity and purpose, that of the universally agreed Police Power[16] is the obvious cause for the failure to create a Universal Economic Theory.
On the Far Right, the claim to individualism is made by both Libertarians and Conservatives. Neither is correct. The Rational Anarchist[17] cannot exist because of Man’s exo-gamic condition. Man must always rely on another for some portion of his existence. The need for sleep alone exposes him to death by predator and thus, the need for a guard. The need for a gender partner to continue the species precludes any form of onanism. Only the team concept provides for growth of any kind, individual, social, economic, moral, &c.
Thus, a Universal Theory of Economics must be in some very limited form of collectivism.
Productivity + Resources=Wealth
Part Two
Historians have all too frequently allowed their personal biases to decide their conclusions.
The most obvious example is that of the American War of 1861, commonly called the American Civil War, even though the definition of civil war does not apply as this was a war of secession exactly as was the American Revolutionary War of 1776. In fact, the establishment of the two secessionary governments was identical. Each set of States individually held popularly elected conventions to decide if they should stay within the over-riding central government. Each secessionary government applied the principles of self-government as stated in Jefferson’s Declaration of Independence 1776 (July 4) and Thomas Paine’s Common Sense as well as the numerous pamphlets of freedom circulated at that time.[18] In fact, the Confederacy’s Declaration of Independence is almost identical to that of Thomas Jefferson’s 1776 declaration.[19]
Ignored by historians is the actual cause of conflict. In the seceding states, the bulk of the capital was tied up in slaves. In order to fairly manumit them, the owners had to be reimbursed in cash or kind. The progressives of the time not only refused but blocked the plan to have the federal government pay for their manumission.[20] The Northern States did not want the diversion of these tax dollars from their industrial expansion goals.[21]
The arguments of slavery are rebutted by historical fact. Note what happened to numerous slaves when their owners died and manumitted them in their wills. George Washington’s Probate, as just one example, was that Martha inherit everything in Trust, then all of the slaves were manumitted and inherited. So, what happened to all of those freed-men? Did they immediately get on boats and move to Africa, or did they stay in the U.S.A. as free citizens? Think about how many times this pattern repeated itself.
No regional economy could survive such a bankruptcy of labor nor capital.
To digress for the obvious but often ignored economic facts: cotton, tobacco, cochineal, wood, and other agricultural products were sold to English factors, credited in New York and London banks, shipped in British and Yankee ships, manufactured in The Low Countries and the U.K., goods then shipped back to Southern states, where there was rarely a profit to the Yeoman-Farmers as they had to pay for those goods and the transportation thereof as well as the excise taxes that no one else paid. Everyone else in the triangle made money.
The North spent the excise taxes on industrial expansion; the South was vilified for having its industrial capital locked up in slaves. Throughout the first century of the U.S., Southerners were constantly looking for a way out that would not bankrupt them.
A fair and balanced level economic playing field would have prevented this, and most other wars. Notice how unfair and un-level the economic playing field was made by these unevenly applied taxes.
All Economic schools of philosophy marginalize or ignore the most basic of human attributes. The need to Survive!
Mankind’s over-riding imperative is to SURVIVE AND PROSPER!
This double imperative is what allows the criminal his self-respective and moral self-approval. To state that the criminal views himself as a wolf in sheep’s clothing and thus is justified in shearing us, is an unacceptable over-simplification of a complex personality disorder.[22][23] Criminals and their societies are the most virulent forms of cultural exclusionism developed by mankind with The Warrior societies only one step above.
A Universal Theory of Economics must include the level playing field, such as Hayek’s open-free market, a stable currency, and an un-corruptible & intellectually pure judiciary.[24] The characteristic of meritocracy will fall into place automatically as will the best utilization of resources and labor.
The Judiciary must be honest, ethical, knowledgeable, objective, and accept that the legislature writes the law, and follow the plain meaning of the law.[25] Given the state of human morality, it may be possible to create a Bench of mostly honest and uncorruptible justiciars.
To create such a Bench, both the legal education and judicial institution must be changed to create a class of altruistic individuals wedded to the concept of non sibi sed populi.[26]
Militaries of democratic nations have a process that comes close. When the Roman Republic transitioned into the Empire, the Praetorian Guard ended up choosing the Emperor frequently by assassinating the one and replacing him with one of their own. In the democratic nations, the civilian authorities control the military, and the military understands the necessity of their being subordinate to civil authority. In the process of training ego-centric individuals into exo-centric team players[27] the individual learns and intentionally chooses to function as an individual within the guidelines of the plan; and the plans goals are embraced by the individual as a goal that the individual wants achieved.[28]
Establishing this cadre of altruists would mean the voluntary participation in prolonged intense community service. The suggestion here is three years of enlistment in the Military or comparable service. Peace Corps and AmeriCorps would serve provided the latter two started with the three-month military basic training wherein no recruit nor instructor would know to which service the recruit was enrolled. Thus, ALL would be uniformly separated from the civil self, joined as Brothers in commonly shared sacrifice & training, and dedicated, by voluntary choosing, to working for the benefit of both self and community.
Currency: Gold, silver, copper, platinum, rhodium &c, the “precious metals” historically offer the best unit of exchange, not particularly subject to manipulation, inflation, deflation, and counterfeiting. All of these objections do exist, but the very nature of these commodities limit the abuse to that of institutions with immense political and industrial resources. Iran’s massive counterfeiting of U.S. currency during the Clinton Administration[29] causing an inflation through non-economic factors and the changing of the paper currency of the U.S. Iran, as a national agency had access to the cloth/paper fiber necessary for paper currency. The PRC has been noted in numismatic circles to have debased gold coins, but they may be discovered through normal PCGS[30] tests and thus the value discounted in the various exchanges.
Digital currency, as evidenced by how the PRC harshly controls its population, is not an answer. All digital everything is subject to hacking by every government agency and by, as evidenced by the DOJ cases brought against teenagers, anyone with coding skills.
What exactly supports cryptocurrency? This is not a solution to the currency problem.
Gold is available in amounts as small as 1/1,000th /troz in the form of Goldbacks. Goldbacks are a marriage of gold and plastic such that a miniscule amount of gold is imbedded in a dollar size slip of plastic.[31] The technology may also be used for all precious metals. Furthermore, the use of a plastic strip will allow for QR or UPC or other coded imprints to prevent all counterfeiting of this currency, a currency not subject to institutional interference.
A conformity necessity requires that there be a complete revamping of all educational institutions. Not only must honesty and truth be brought into the K-12 system, but the curriculum and educators be changed to be at least as intense as the current Japanese system, but basic economics and civics must be integrated into the system. Standards once taught in religious institutions, e.g., right from wrong, The Ten Commandments, The Golden Rule, &c., will have to be integrated into the system as well as meritocracy and respect for others and the fact that you cannot have self-esteem without culturally identifiable accomplishments.[32] This brings us back to collectivism vs individualism.
And a need for a Universal Economic Theory.
Productivity + Resources=Wealth
Part Three
Originally written in 2011, updated 2014, & STILL RELEVANT!
There are three basic forms of education:
1. Lecture and Recital;
2. Socratic; &,
3. Auto-didactic[33].
The purpose of education is to pass proven as true &/or factual information accurately both horizontally and vertically. The horizontal transfer of information is from individual to individual or group to group within one generation; the vertical transfer of information is that of from one defined generation, individual or group, to another generation of individuals or groups. Books do this so well!
The lecture and recital method of education is the common method in Western Civilization in the K-12 segment and is self-explanatory. It manifests as an individual lecturing on a particular sub-topic of a topic to one or more individuals who then memorizes the lecture and recites it back either verbally or scripturally without cognition. Currently the most extant form is in Mosques where the Q’Ran is memorized irrationally in order of chapter size from the shortest chapter to the longest chapter. All questioning of content is heresy with all interpretations generated by “chosen” clerics with no known authority overseeing these holy visions. Note that K-12 in the United States, including Missouri, is of this form.
The Socratic Method, that of directed queries thus forcing the student to not only think critically but to pursue information readily available to him, attributed to pre-Christian Greek philosopher Socrates, may have been developed much earlier in China as noted in Dallas Galvin’s comments to Lionel Giles translation of Sun Tzu’s, The Art of War.
Introduced into modern society by Harvard University School of Law in the 1880’s, it forces the student to think both logically and rationally on the subject matter under discussion, thus, ‘critical thinking’. The Socratic Method although creating the ability to critical thinking in the student, does not necessarily create the concurrent and necessary cross-germination of fields of study necessary for the creation of the entrepreneur. Of particular interest to Missouri is that the result of this form led to two recent highly controversial, and in the author’s opinion both unconstitutional and egregious, Federal Decisions: the first the obviously incorrect desegregation decision re the Kansas City Missouri Unified School District, and the extension of voting hours in St. Louis, preposterously founded on 14th Amendment Civil Rights violations.
A hybrid of Lecture & Recital and the Socratic Method is the Case Study Method. A ‘case’ of a particular incident within the field of study is developed by the professor[34] and presented to the class as an object lesson. The class then dissects the case and analyzes it in the expectation of learning both the How and Why behind this particular case. The How and Why is the egregious omission in the Lecture and Recital methodology but an assumed benefit of The Socratic Method; this assumption is unproven.
The auto-didactic[35] methodology is that of the entrepreneur as well as that of engineers, scientists of both the first and second order, innovators, and the generally successful. Warren Buffet and Bill Gates appear to personify this type, yet the process can be seen in all areas as noted by statesmen as diverse as Ben Franklin, George Washington, Thomas Jefferson, Winston Churchill, and Henry Kissinger, tyrants such as Hitler and Stalin, and politicians such as Teddy Roosevelt.
The formal process of education started as the dissection of a general subject area into easily studied modules with the anticipation that at the end of the study the student will have grasped the whole. For easy reference, consider how the field of business is studied at university.
Business studies are broken down into management, marketing, finance, accounting, human resources (personnel management), and even farther into sales, advertising, equities and debt, and then even farther into Management 101, Management 102, &c. At no time in the process is there a comprehensive exam testing the student’s knowledge of the subject as a whole. Beyond that, there is not even the attempt to require that a business major learn history, philosophy, culture, math, science &c. One of several egregious unintended consequences is how so many business people support so many virulently anti-business tenets such as the non-existent global warming, the necessity for cap & trade or the immoral and legally reprehensible positions on illegal immigration, and the undesirability of petrochemicals in our economy.[36] Or, the procrustean assumption of guilt on the entire working class to provide health care to all regardless of the legal status of the recipient, the recipient’s desire for it, or whether or not it’s even legal to do so under our present republican form of government[37][38].
Education is the key to jobs and sustained economic growth.
As discussed supra, there are three time ranges to consider before a government policy should be instituted:
1. Immediate;
2. Intermediate; &,
3. Extended.
Immediately, with almost no expense or budget impact, the State of Missouri can institute a series of standardized tests for all levels and subjects taught from K-12, under-graduate and graduate university programs.
Historically, prior to 1970, the acknowledged best public school system in the United States was that of New York State.
Both New York City and New York State required standardized testing[39] at levels 4, 6 and 8 in primary school and for ALL subjects in secondary school. NYC tests were known as ‘city-wide’ testing, state testing is by the NYS Board of Regents who conduct “Regents” Exams, and until the introduction of bi-lingual, ethnic studies, and diversity requirements, everyone not only knew where they stood compared to other graduates and schools but as to others entering into the labor force, thus providing a proven source of competent workers to business.
Such being no longer applicable thereby forcing an unnecessary expense upon all businesses as well as being a huge waste of limited tax resources to government.
The introduction of such standardized testing, although contested by school boards and unions, is practical to the state government by the simple process of stating that it is voluntary. The State Department of Education can produce the tests, administer the tests, and certify both those who pass and the test itself. As long as the tests are standardized within the arbitrary and artificial restrictions of the Federal Court System, no action against them will take place inhibiting the higher standard. The market place will be the determining factor as businesses may simply require that all job candidates have such certification, which is unchallengeable as the tests are both voluntary and meet the discriminatory restrictions of judicially legislated law!
At the university level, standardized testing should be instituted as well as a revamping of the bachelor’s degree requirements to include fewer elective courses and more required major cross-over courses. Business majors should be required to take a Shakespeare course as well as a philosophy course and some courses in business history, and vice-versa. Standardized testing for certification in any field is a snap as noted by the fact that the beauticians and masseuses are all tested to state specific standards as are the doctors and lawyers![40]
At the intermediate level, a university level program, initially at the graduate level, should be developed in a school of generality. Call it the Degree of Generalization, aka The DoG degree! Interestingly enough, both India and China have this program. In China it is at The Central Party School in Beijing.[41] The only comparable programs in the United States, although claimed by institutions such as Harvard and Wharton, are only in the Military, with Fort Leavenworth KS’s War College and the Navy’s Naval Postgraduate School[42] in Monterey CA being noteworthy of actually doing so.
The structure used by the Chinese Communist Party provides for residency on campus in luxurious surroundings thus providing a taste of the possible rewards for both businessmen and bureaucrats who succeed at their jobs. The CCP program includes all aspects of business, government policies, law, regulations, culture, manners, and a cross-germination not only of ideas, but of social networking. The bureaucrats meet and co-mingle with the capitalist and the capitalist meets and co-mingles with the bureaucrat, thus providing not only a fertile meeting of the minds but of the needs of each group and from that understanding of the process’ by which each may prosper to the benefit of the entire society.[43] The structure of the school requires not only actual residency, which may be accomplished in Missouri by altering the hours of attendance but still requiring a physical presence on campus, but real personal contact with teachers, fellow students and support personnel such as librarians, researchers and other physically accessible resources.[44] A lesson the likes of Soros and Druckenmiller have not learned.
Also in the intermediate stage is the necessity to overhaul both the textbooks and teaching methodologies. Texas has started to require text books at all levels be true, correct, and historically accurate which may lead to the same for the rest of the country as their purchasing power often forces book makers to make only one style and other school districts simply can’t afford to pay for state specific, PC &/or U.N. compliant texts.
The teaching methodology for K-4 should remain the same, Lecture & Recital, for 5-8 The Socratic Method should be gradually introduced so that eighth grade is all Socratic and the Case Study methodology, where applicable[45] should be used throughout secondary school., thereby pushing the university level into the professorial-didactic method, that is, a hybrid of auto-didactic and case study, which is desirable.
If the immediate and intermediate policies are instituted, without political-partisan interference and allowed to grow, the extended policy need only be a rigid objective oversight of the programs.
The educational system of today is no different from that of John the Baptist. With immediate change and gradual overhaul of the educational system with the goal to create and attract entrepreneurs, the effects, immediate, intermediate, and extended for Missouri, and hence, the United States itself, will be job and economic growth unparalleled in Western Civilization.
– 86 –
[Post published note, 31 December 2013, the Kansas City School District, keeping to the form that led to the Deseg Suit, is now un-accredited with its corruptive influence now spreading to neighboring school districts; &, due to the complaints of the business community, there is a move to require a STANDARDIZED EXIT EXAM, in certain disciplines, for those graduating university with a baccalaureate!]
(Part IV, & more, still in draft and to come)
[1] See Freedom in One Lesson; The Best of Leonard Read, ISBN 978-1-61016-780-2 available at: www.mises.org/store .
[2] Bernard Bailyn, Editor, © 1993, Literary Classics of the United States, Library of Congress Catalogue No 92-25449; ISBN978-0-940450-42-4 Parts One and Two
[3] Not to diminish Leonard Read, Ralph Raico, von Mises, Rothbard &c. Consider Adam Smith as well as The Levelers and St. Thomas Aquinas.
[4] As an interesting cultural aside, note that in Hell, everyone is lumped into one particular group and treated identically. In Heaven, one is given a harp, wings, a halo, and allowed to float around at will. See Dante’s Divine Trilogy in support hereof.
[5] The various embassies priced goods and services in their locales sending such data to Moscow where an algorithm determined what the prices were to be outside of the GOM department stores. Wages, for those who have not read The Gulag Archipelago were arbitrary, capricious, and at the sole determination of the plant supervisor, always a Party Member.
[6] Such a falsehood. Note the antipathy between the National Socialists of the 3rd Reich and the Stalin’s Soviet Comintern or Communists International or the hatred & distrust between the PRC and the Russian Federation.
[7] Note the now permissible violence of AntiFa, BLM, La Raza, Hamas, Hezbollah, &c.
[8] Antifa, BLM, La Raza, anti-Semitism, anti-Christianity, Hamas, &c.
[9] Of contemporary import, NAZI is an acronym for National Socialism, not fascism. Hitler differed from Trotsky-Lenin-Stalin in that Hitler was for German Socialism, i.e., national, and the soviets were for international communism, i.e., the Comintern or Communist Internationale.
[10] Liberalism was stolen during the latter part of the XIXth Century to hide the two factors of no private property and no individualism. The true Liberal, according to Ludwig von Mises (Liberalism, the Classical Tradition ISBN 978-0-86597-585-9), is masquerading as Libertarian.
[11] Safire’s Political Dictionary, William Safire, Oxford University Press ISBN 978-0-19-534061-7
[12] The ignorance of both ends is apparent in that none on the Left have read Marx, and those on the Right have never read Leonard Read or Ralph Raico. Based on the public records of these people, most have never read The Constitution of the United States, The Declaration of Independence, The Federalist Papers, The Anti-Federalist Papers, nor The Debate on the Constitution. I hereby coin the term AGIT (Arrogant Grossly Ignorant Toadies).
[13] See Hayek’s The Road to Serfdom
[14] The Founders read more than Smith and Locke. Foundational sources included Thucydides A History of the Peloponnesian Wars, Cæser’s Commentaries, Pliny the Younger, Cicero, Plato’s Republic, and the likes of Tom Paine.
[15] As Jefferson stated in the Declaration of Independence, “… Mankind are more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the Forms to which they are accustomed.”
[16] The Police Power consists of an internal police force designed and trained to Protect and Serve, an honest, open, ethical, and completely objective Judiciary, and a True and Faithful Military to protect from external criminals. None of which exist anywhere today – for those apologists for the U.S.A., just look at the lawfare of the past several decades.
[17] Although similar individuals are mentioned throughout the Austrian School as buyers and sellers, the only true reference that I have found is in the science fiction works of Robert A. Heinlein, particularly in Starship Troopers, The Moon is a Harsh Mistress, and many of his future histories stories.
[18] Numerous works are available on this, however, Charles Adams’ Slavery, Secession, and Civil War, ISBN 978-0-8108-5863-3, Freehling’s disunion books and Hugh Thomas’ The Slave Trade, cover this quite well.
[19] The absurdity of The 1619 Project is refuted by such works as: Charles Adams’ Slavery, Secession and Civil War, Hugh Thomas’ The Slave Trade; a history of the North Atlantic slave trade, and Jeffrey Addicott’s Union Terror.
[20] We will not go into the impact of The Scottish Reformation of the 1720’s herein.
[21] There being only the excise tax, i.e., tariffs, to fund the federal government, and the fact that the Southern States paid 75% of these while 75% was spent on Northern expansion projects, roads, rail-roads, and canals, made the Northern Jobbers loath to relinquish this wealth.
[22] Consider, in The Magnificent Seven, Tuco says, “If God didn’t want them sheared, he wouldn’t have made them sheep.”
[23] Unlike the university bubble academic, I practiced criminal defense for a few years and have actually met and spoken with criminals who knew that lying to the defense lawyer was against their best interests, whereas lying to academics and social workers provided numerous material benefits.
[24] Note how James Q. Wilson, Thomas Sowell, and Dr. Martin Luther King, jr., agree on this. The economic arena must be of equal opportunity for all. Implicit in this is the honest judiciary.
[25] See Rector et al Holy Trinity Church vs United States 143 U.S. 457 (1892) “It is a familiar rule, that a thing may be within the letter of the statute and yet not within the statute, because not within its spirit, nor within the intention of its makers.” Amidst a long dissertation on Christianity, SCOTUS declares that it is the sole arbiter of what the spirit of the law is. Trinity Church has been narrowed and narrowed, but NOT over-ruled, thus keeping the premise that SCOTUS is the sole arbiter of the spirit of the law.
[26] “not self but (my) people.” I.e. doing the right thing because it IS the right thing.
[27] Important difference to note: a member of a team is an individual who has chosen to apply his individual skills in accordance with a plan that benefits many; this individual knows that the goal is unobtainable without all team members contributing. A team is NOT a group. The political concept of group demographics, especially as practiced by marketing managers, to place individuals into pre-conceived forms in order to peddle destructive behavior though fear +/or target for a specific product audience, is detrimental to the person.
[28] The instilling of this is leadership; what the media currently refers to as leadership is nothing more than incompetent management. Look at the current state of the U.S. Democratic Party.
[29] Of all news sources, this was only reported by Reader’s Digest!!!
[30] Professional Coin Grading Service
[31] www.moneymetals.com and many other sites, have them for sale and a premium. Further, goldbacks are now legal currency in at least six U.S. states.
[32] A separate article on education is forthcoming.
[33] Yupper, all learning is auto-didactic, herein I am referring to the forms of these educations.
[34] Of interest herein: a teacher, generally K-12, teaches, i.e. is “learned” in Lecture & Recital; a professor professes the subject matter and, hypothetically, guides the student through the learning process hoping that the student will acquire the skill of critical thinking
[35] Greek: self-taught – of course, considering that ALL learning is self taught, this is one of those academic self-determinatives.
[36] Petrochemicals are required by over 97% of EVERYTHING we use, see Leffler’s, Petrochemicals in non-technical language, and his, Refining in non-technical language. Quickly, both aspirin and plastic are from oil, now, consider life without any plastic or most of the drugs in use – not pretty is it, and along those lines, Michio Kaku, Ph.D., New York University School of Graduate Studies, physics, has on numerous occasions commented that we are within 30 years of nuclear fusion; so, what now wind farm?
[37] FOX News ticker just reported, as I write, that the Florida District Court has ruled Obama-care unconstitutional!
[38] The desirability of teaching basic government and law at the K-12 level, and its undeniable necessity at the university level is incontrovertible, but not a part of this piece.
[39] Standardized Testing [from www.justplainbill.wordpress.com ]
Posted: 11 November 2014
On 4 November 2014, in Missouri, we had several constitutional amendments to pass or refute. Amendment 3 dealt with a state-wide educational mandate that would allow the state government to apply standards, via standardized testing, across the state in order to provide educational uniformity among students pre-K – 12. It also provided for requiring accountability for learning to the teachers, and restricted tenure as well as requiring uniform standards to teacher accreditation. Further, it allowed for the termination of incompetent teachers.
It failed to pass by close to ~80% against and ~20% for.
You should review two earlier posts at this time. One starts with an article posted by Yahoo News, which demonstrates the low level of journalism as well as how poor and substandard the educational system is, my comments at the end are important to both of these posts, and the other is the earlier posted White Paper to the Missouri Senate on Education and Entrepreneurship.
Standardized testing as toxic to education is one of the greatest politico-union hoaxes ever perpetrated on a long-suffering taxpayer. Pay close attention to the FACTS.
The first thing that y’all need to know is that standardized testing was and is an irrefutable fact of the lecture-response form of teaching. Lecture-response is universal throughout the pre-K – 12 American Educational System. Read the White Paper for more. The second thing that you need to know is that there are two forms of textbooks for pre-K – 12. The next time that you see your child, look closely at her textbook.
Open it, look at the publisher’s page, and it probably has a Chicago publisher listed as the publishing company. That is correct, wherever you are in the U.S.A., the odds are that the publisher of your kids’ textbook is the same as everywhere else in the U.S.A., and the publisher is in Chicago. Yupper, everyone HAS THE SAME TEXT BOOK! Now, look at the content.
The book is broken down into modules, sections, and chapters that coincide with the school year. So much for “lesson plans”, when the textbook is designed with internal lesson plans. Oh? Look carefully at the questions at the end of each piece.
Keep in mind, now, that the entire country uses THE SAME TEXTBOOK.
Now, the next time that you attend a P.T.A. meeting, ask to look at THE TEACHER’S textbook. Same publisher and ALMOST the same contents. Look closely at the parts of the book immediately AFTER the questions in your kids’ book.
Do not be shocked. In the teacher’s copy, not only are all of those questions answered, but there are whole paragraphs with what the teacher should be concentrating on, with what questions to ask to guide the students to the correct answer, AND there are suggested TEST QUESTIONS! Where do you think teachers get their test questions?
Yupper, ALL TEACHERS GET THEIR TESTS FROM THE QUESTIONS IN THE SAME TEACHERS’ EDITION OF THE SAME TEXTBOOK! THERE IS ONLY STANDARDIZED TESTING!
So why the argument against standardized testing when no matter where you are, the teachers MUST “teach to the (same) test”?
The state will only use the same questions to make up the test in the first place; so no matter what, they MUST ‘teach to the test’! Could it be that it takes the granting of the actual grade AWAY from the teacher? Does it mean no more tokens, no more pets, and no more free passes to “minorities”? Does it mean that there will be a true LEVEL playing field, that FAVORITISM will now be ELIMINATED?
AND, does it mean that incompetent teachers will be exposed for what they are and now vulnerable to replacement with competent teachers?
Now, a little history lesson: until The Johnson Administration and its “Great Society”, New York City had one of the best public school systems in the U.S.A. The New York Public School System REQUIRED standardized testing at several grades until it was, magically by judicial decree, made racist, and therefore discriminatory. Until The Johnson Administration, the teachers were NOT unionized, tenure was limited, and a teacher did NOT need a Master’s Degree, to teach or to get tenure. Teachers and students did not fear for their lives in any of the schools in New York City in 1960. Parents were involved, teachers were involved, and except for a very few, students were involved.
During The Clinton Administration, Hilly-Billy wanted Congress to forgive student debt and allow grants for university students taking teaching degrees. What they found out, once the people got involved, was that for every teaching position, there were 2 ½ accredited and licensed teachers!
Why so many people with teaching licenses, compared to so few jobs?
Class size in the 1950’s, when kids learned to read, write, and do arithmetic, was between 25 and 35. Now the teachers complain about a class size of 15 and our dropout rate is higher now than it was in 1960.
Teachers were not required to have an M.Ed. within 10 years of getting their license, or be fired. Why, when if you look at the teachers’ textbook in grades pre-K – 8, is not an Associates’ Degree adequate? Why shouldn’t there be standardized testing and teacher accountability? Keeping in mind, of course, that STANDARDIZED TESTING is already in place and will remain in place for as long as the lecture & response teaching methodology exists.
Who actually benefits from the current situation? Student? Parent? Teacher?
[40] This White Paper was originally written in 2011. In 2014, according to multiple articles in The Wall Street Journal, dozens of universities and businesses have started research into establishing standardized tests for business school undergraduates to establish a uniform floor for their degrees.
[41] McGregor, The Party, pp 227 et seq
[42] The NPG program in international gov’t, law & treaty is, in personal opinion, much better than the comparable programs at both Georgetown & UCLA
[43] Don’t get mawky, at this point the CCP program is just starting and has many of the typical flaws of a tyranny, still, it’s a foundation for such future growth that it must be investigated, further, it’s derived from the Indian public school (same as British Public School or in fact private schools & academies open only to those with tuition money or who can get scholarships)
[44] As an example, if this program were instituted at MU Columbia, the entire state government becomes a resource for the DoG student! Consider how access to real legislators, regulators, and jurists will impact both entrepreneurs and officials, plus, how government officials will be able to take advantage of this program.
[45] Imagine, if you will, if the case study method was used to explain the how and why of both the 1776 Revolution and the War of 1861! What’s the difference? Why didn’t the Southern states use the Federal Courts to simply legally secede as opposed to armed separation? What were the differences in political theories of the Parliament vs. Colonies and the Unionists vs. Secessionists? How do Calhoun, Hamilton, Jefferson, Madison, Davis, Lincoln, and Washington differ? How are they the same?