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August 28, 2014

Stealth Jihad, 2014 ISNA (Islamic Society of N.A.), Detroit, from Thomas More Law Center [nc]

Thomas More Law Center News Alert

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Detroit ISNA Conference – Stealth Jihad for The Subjugation of America

ISNA (Islamic Society of North America) will be holding its annual convention in Detroit this weekend beginning Friday, August 29 and ending September 1. ISNA was designated by federal prosecutors as an unindicted co-conspirator in the Holy Land Foundation case, the largest terrorism financing trial in American history. A 1991 Muslim Brotherhood memorandum introduced in that trial identified ISNA as one of its front organizations. The memorandum further stated the Brotherhood’s “work in America is a kind of grand jihad in eliminating and destroying the Western civilization from within … so that it is eliminated and Allah’s religion is made victorious over all other religions.”

Detroit ISNA Conference – Stealth Jihad for The Subjugation of America

Astonishingly, despite ISNA’s terrorist ties, former President Jimmy Carter will be the convention’s keynote speaker. Carter, also, recently called for the legitimization of Hamas, which is listed by the US government as a terrorist organization. In addition to Carter, several other prominent non-Muslim political leaders will be speaking at the convention.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, about an hour’s drive from Detroit, commented, “The participation of these political leaders is giving the ISNA convention the cover of respectability and as a result is enabling ISNA and other the other Muslim extremists at the convention to achieve their goal of a “Grand Jihad” to subjugate America.”

An integral aspect of ISNA’s plan for the subjugation of America is to portray itself as a peaceful, mainstream charitable institution. It is part of the Muslim Brotherhood’s strategy of “civilization jihad.” While most Americans are focused on violent jihad, civilization jihad is even more dangerous to American security. According to Frank Gaffney’s Center for Security Policy, it is “a form of political and psychological warfare that includes multi-layered cultural subversion, the co-opting of senior leaders, influence operations, propaganda and other means of insinuating Shariah gradually into Western societies.”

Erick Stakelbeck, a terrorism expert and author of the book “The Brotherhood: America’s Next Great Enemy,” compared the Muslim Brotherhood’s strategy to that of “termites.” “The Muslim Brotherhood in America and really around the world are like termites. They burrow into a host society. They eat away at it until the day comes where they are ready to make their move.”

Siraj Wahhaj, one of the scheduled speakers at the conference, was the first Muslim cleric to deliver opening prayers to Congress. In his prayer he recited from the Koran and asked God to guide America’s leaders “and grant them righteousness and wisdom.” A year later, he told a Muslim audience in New Jersey that, “If only Muslims were more clever politically, they could take over the United States and replace its constitutional government with a caliphate.” He was later named as an unindicted co-conspirator in the 1993 World Trade Center bombing.

In one of his sermons, Wahhaj said: “In time, this so-called democracy will crumble, and there will be nothing, and the only thing that will remain will be Islam.”

Abdurahman Alamoudi conducted the Muslim Brotherhood’s most successful infiltration of our political and defense establishments. He advised Presidents Clinton and George W. Bush. He penetrated and compromised our military and both the Democrat and Republican national organizations. He established the Muslim Chaplain Program for the Defense Department. He was the certifying authority for Muslim chaplains serving with the U.S. military. He appeared with President Bush at a press conference days after the 9/11 attacks. In 2005, the U.S. Treasury Department publicly admitted that Alamoudi was the top Al-Qaeda fundraiser in the United States. Alamoudi is currently serving a 23-year prison sentence for his terrorist related activities.

Sheikh Yusuf al-Qaradawi of the Muslim Brotherhood, told a youth conference in Toledo, Ohio in 1998, “We will conquer Europe, we will conquer America.”

August 13, 2014

Secession: The Intermediate Argument, by and (c) Justplainbill

Secession: The Intermediate Argument
Posted: 14 August 2014
Introduction:

Fair Warning, this post is a relatively long post of several pages. It is not that I want to bore you. It is that the subject matter is not amenable to much more shortening.

When someone tells you that solving incredibly complex problems is easy or that there IS a quick solution, or they have the answer to all problems “in a nutshell,” and that person is not Jesus the Christ, then the odds are that they want you to buy something or vote them into office and “just trust them”. Think of “Hope and Change” as the mantra, yet not one reasonable suggestion is offered beyond “just trust me”.

For those uninterested in true argument or debate, there is a short post supporting the position of secession. This new post actually gives reasons, answers and the reasoned benefits of secession!

It may take a while for you to get to the end, but it is worth it if you really do want to preserve American Values. Just as an example, in the 1770’s, the supporting arguments for secession were published in pamphlets of scores of pages. As a standard academic ma-neuver, I am incorporating herein, two of the most important, Common Sense and The Rights of Man, both by Thomas Payne, by reference. Truly, y’all who are interested in free-dom, liberty, equality (ya, equality, not affirmative action or some other pseudonym for discrimination, bigotry and legalized theft – read the five virtues post for more), and pri-vate property & personal wealth, regardless of what you may think of these arguments, you should have and read more than once, both of those pamphlets.

With Dan Greenfield and Fred-on-Everything making the obvious points on Execu-tive Branch Scandals and Illegal Aliens Invading; Mark Levin and Sean Hannity professing Originialist Constitutionalism; Taxihack Depressions (on wordpress.com) reporting active black ops; Michael Savage and Glenn Beck talking Survivalism, John Beck, PhD proving visually the profound uselessness of most federal programs, and with nothing reasonable coming from “the ivy covered halls ofacademia”, except appeasement and the surrender of Western Civilization to Transnational Industrial Feudalism, occasionally called Statism, I have decided to enter as “a voice of reason,” even though this will not read as “reason” on the first or even the third reading.

This is not as emotional as you think, the conclusions are both reasonable and rea-soned.

Posted on this blog (www.justplainbill.wordpress.com) is a book list. There have been several good books, including Gasparino’s The Sellout, Jared Diamond’s Collapse, Brion McClanahan’s The Founding Fathers’ Guide to the Constitution, and Pauline Maier’s Ratification, The People Debate the Constitution, 1787 – 1788, published since the last update.

Of immediate interest, and y’all should have this anyway, is the leather-bound pock-et edition of The Constitution of the United States of America with the Declaration of Inde-pendence, FALL RIVER PRESS © 2012, NYC NY ISBN 978-1-4351-4553-5, interestingly enough, printed and bound in China. Common Sense is also available through the same publisher, in a similar leather bound booklet.

Y’all’s reference library should also have Edwin Meese III’s, The Heritage Guide to the Constitution, ISBN 978-1-59698-001-3, if for no other reason than to see how the original intent of The Founders has been corrupted by the United States Supreme Court, almost since the beginning. Y’all should have it anyway as it is a comprehensive and understandable, at least to those with a 10th grade education, guide to what is NOW the law of the land as interpreted by SCOTUS, ignominiously ignored by congress, and implemented by the executive branch. As conflicted as SCOTUS has made it, Professor Maier’s work, Ratification – noted above, offsets the chaos, for those interested; otherwise, we are back to, understandably, secession, moreover, the 1776 kind of secession, too!

Thucydides’ The Peloponnesian Wars, Sun Tzu’s The Art of War, de Tocqueville’s De-mocracy in America, and Freehling’s two works, Nullification, and Secession, (both having disappeared from book shelves during “The Clinton Years”), with Shelby Foote’s The Civil War: a narrative, are still the most important starting places for understanding the back-ground of why The Red States must secede.

This Secession MUST BE before the funded national debt exceeds twenty trillion U.S. dollars, (20T USD or $20,000,000,000,000.00) and the unfunded debt exceeds ninety trillion U.S. dollars (90T USD or $90,000,000,000,000.00). This debt crisis is on a national economy of less than fourteen trillion U.S dollars (14T USD or $14,000,000,000,000.00). I explain this statement later.

This is a debt to asset ratio of worse than 1:6!!!

Dodd-Franks’ asset tests (reserves) and the Basil III tests, used to determine the solvency of banks, would have declared The United States Bankrupt years ago, like Greece, closed it down, and sold off all of its assets and property, at bargain basement prices, probably less than ten cents on the dollar, to cover those debts; which is an absurdity. None-the-less, the standard that these pissant politicians apply to others, they fail to apply to themselves as they garner billions of dollars from the public treasury for themselves and their associates.

A simple glance at the accumulation of money by Nancy Pelosi, Dodd, Franks, the DNC contributor/ owners of Solyndra, and the Reid Family in Nevada, and the methods used, prove this point.

And, because of these things, we are left with Revolution/ Civil War, a Constitutional Convention, economic collapse and bankruptcy with an unemployment rate approaching 50%, delayed social implosion and its resulting anarchy to tyrannical governments, or Secession, my personal option if done before the debt becomes irre-deemable.

Argument:

I

The Preamble to The Constitution of The United States of America is NOT law. It is a statement of purpose. [We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America]. Notice the words emphasized by capitalization, and the sentence structure, notice that the constitution is FOR the United States. Notice that throughout the constitution, the word ‘state’ is capitalized as ‘State,’ thus proving the independence and sovereignty of each State; proving that they are not a subordinate division devised for the purposes of ease of suppression, oppression, and repression.

This is a statement of intent, not law, and not to be construed as law.

The Preamble is one of two looking glasses, through which we should be scrutinizing every activity of the federal government. If any action of the federal government does not further one of these stated interests, it should fail as violating the IXth and Xth Amendments. If those proposing such illegal actions are in federal government, those people should be deemed untrustworthy and unreliable by every citizen, and treated as such.

The second looking glass is that collection of works known as The Anti-Federalist Papers. The Anti-Federalist Papers were those arguments used against the ratification of the original seven articles. The Federalist Papers, predominantly written by Alexander Hamilton, ESQ., with contributions by James Madison, ESQ., and a handful by John Jay, ESQ., later the first Chief Justice of the United States Supreme Court, is a set of circular and specious reasoning, often used to justify or explain various clauses of the constitution.

Chronologically, and logically, The Federalist Papers should be ignored as having been displaced by The Bill of Rights. The sequence of events are: failure of The Articles of Confederation, the failed Annapolis Convention, the successful Philadelphia Convention, presentation to the states for ratification, argument where initially the press pushed The Federalist Papers and suppressed The Anti-Federalist Papers, the prospect of ratification failure, and then the acceptance of The Bill of Rights as the cost of ratification. The Federalist Papers are arguments for ratification WITHOUT THE TEN AMENDMENTS of The Bill of Rights. Thus, in order to interpret this constitution, it is The Anti-Federalist Papers which must be first looked to for understanding, and The Federalist Papers to be used ONLY when they are either not in conflict with the Anti-Federalist Papers, or where the AFP’s are silent on the subject.

Thus, more than one-half of all constitutional issues decided by The Supreme Court, by The Congress, and by The Executive, have been founded on the false premises of The Federalist Papers. The methods available to correct this are either that congress review ALL of these decisions and over-rule them by legislation, and thereby face a SCOTUS revolt, this revolt based on decisions such as Holy Trinity Church, (included below), and The Federalist Papers themselves, or SCOTUS, on its own Motion review and over-rule these rulings.

The likelihood of SCOTUS emasculating itself are nil and less than nil, especially giv-en Justice Bader-Ginsburg’s recent sexist ramblings and Justice Kagen’s published igno-rance of American History.

During George Washington’s presidency, The Executive frequently declared legisla-tive bills as unconstitutional. The understanding then was that congress would reconsider what President Washington sent them and either re-write or drop the bill. President Washington frequently took the opportunity to place his Secretary of the Treasury, Alexander Hamilton, and his Secretary of State, Thomas Jefferson, at odds writing responses to congress, then he would pick the one that suited his point of view, and return the bill to congress with the appropriate response. Hamilton frequently trumped Jefferson, thus, the Jobber High Federalist rutted road was ridden, and not the green pathway of the Yeoman-Farmer.

Congress will do nothing to change this, as members of congress are too intimately involved in accumulating personal wealth and power under this system, I will explain elsewhere how this dysfunction functions. The likes of Jackson, Rangel, Boehner, Pelosi, Reid, &c., will do nothing to jeopardize their own personal positions, even unto total de-struction of the society around them. There is a book, Throw them All Out, which details the dirty but legal transactions involved; consider the recent rash of convictions for corruption amongst the political aristocracy and their families.

Arguments made to have another constitutional convention or add 27+ amend-ments, the amending process as defined in Article V of the constitution, fail for several reasons. The first is, as noted elsewhere on this blog, that the electoral process has failed utterly. It has been corrupted to a point beyond cure. The election of Al Franken and the corruption in Noxubee County MS are the standard and not the exceptions such that fair representation, unbiased national interest, and altruism would be non-existent at this convention. The second major defense is the same as that made in 1860: the regional interests will suppress the national ones. The cliché, “All politics are local”, is too true to be ignored.

Only through the Red States seceding are all of those bad SCOTUS decisions removed from law.

A consideration of historical context and technology intrudes at this point. When originally ratified, the congress was designated to sit for only a few months out of the year, and, that it sit several months after the polling occurs because of primitive transportation technology. In 1788, there was no electricity and the steam engine, “Fulton’s Folly”, still years away. Bluntly, there was NO SUCH THING AS A LAME DUCK SESSION as we now know it, as congress had recessed and would not return until the Spring. Recess appointments were few and far between, but understandable when congress could be months away from sitting. Only through secession will Lame Ducks and Recess Appointments be eliminated! They are too ingrained into the political corruption of both major parties to be done away with in any other fashion.

With electricity, electronics, jet transportation, I-Phones, I-Glasses, internet access, &c., the reasons for lame duck and recess appointments completely disappear. With seces-sion and a new constitution, polling can take place on the 3rd Saturday of the 1st month of each quarter; certification of the election can take place within 5 working days; and a re-striction on laws and appointments during those 5 days included in the constitution, thereby completely eliminating the egregious, self-serving, irresponsibility of passing an unwanted law or giving the wrong person an appointment, when the next government would not do those things, especially if the issues surrounding those laws and appointments are what the election was about. Think about it: John Marshall and his entire line of High Federalist SCOTUS rulings would not exist if this had been the law in 1800!

Secession cures this disease.

I-a

There are seven Articles to the 17 September 1787 Constitution of The United States of America. Before 1866, “These United States” were what we were. A Union of In-dependent Nations with each State having its own constitution, not answerable beyond those restrictions explicit in the constitution, to a Federal Government, but to its citizens, and thus free to organize and live free, unoppressed, with the right to self-realization uninhibited by those living thousands of miles away.

The Federal Government, according to the IXth and Xth Amendments,(enacted as ten of twelve proposed Amendments, currently known as The Bill of Rights, on Wednes-day, 4 March 1789), was to be a junior partner in the triumvirate of, the federal govern-ment, We The People, and The States. [Amendment IX: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. *** Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.]

The ten sections of Article I of the 1787 Constitution establish, define, and restrict the Congress of These United States of America. They create the bicarmel legislature with the “lower” house as the’ house of commons,’ or of “We The People”, and the “upper” house that of THE STATES; not that of an electoral majority of we the people on an extended appointment of exalted, and aristocratic, position.

The XVIIth Amendment effectively eviscerates Article I §3 [The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years, and each Senator shall have one Vote. … .] and clearly violates both the IXth and Xth Amendments. It reduces State Sovereignty to nil, with ONLY Nullification +/or Secession, as a response to an overbearing or out of control federal government. [Shelby Foote has a decent discussion of this in The Civil War: a narrative both in the ante-bellum section and in the section discussing the aftermath of Antietam.] One only need look to the effects of “The Dream Act” and its complete abandonment of the Southern Border and the Governor of Texas having to call up his state’s militia to attempt to protect his citizenry, their lives and their society and private property & wealth.

The discussion of the effect of reducing the senate to little more than a House of Lords, was on partisan lines, with the typical political result: In the short term, it helped the majority party, in the long term it has afflicted the taxpayer with trillions of dollars of unnecessary, unwanted, and unconstitutional burdens, both social and economic. The very effect of having this House of Lords has been constant gridlock, with, for all of the yammering on the subject, little, if any, compromise in the legislative process. The purpose of the senate as put forth in McClanahan’s book was to act as a brake on the impetuousness of the House of Representatives, AND to REPRESENT THE INTERESTS OF THE INDIVIDUAL STATES!

With the senators elected by the general population instead of by the states’ legislatures, the senate no longer represents the States, but is now irrelevant. It reduces to near zero, the political strength of the citizens of the individual states and clumps them into a rural vs urban sewer of issue conflicts, winnable only by that group procreating the most rapidly, and, history shows us, destroying economic efficiency through socialist “safety net” programs, instead of the necessary self-reliance/ self-responsible of the Judeo-Christian Ethos.

This same purpose, protecting the interests of the States, is better served by the process of Nullification. Both Thomas Jefferson and James Madison saw, and agreed to this, when they wrote and put forth The Kentucky and Virginia Resolutions. Nullification, (there is a post on this blog discussing Nullification more fully), has been used as recently as 2014 by the various states. Three examples are California nullifying federal immigration law by creating sanctuary cities, Colorado nullifying federal illicit drug laws by legalizing the recreational use of Cannabis and the 2010 rejection of the Patient Protection and Affordable Care Act, (aka PPACA or “Obamacare”) by the citizens of Missouri (by a margin of 70% – 30%).

Nullification as currently used, is another argument in favor of secession due to Article IV, [§1. Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other State. And, the Congress may by general Laws prescribe the manner in which such Acts, Records, and Proceedings shall be proved and the effects thereof. … .] Nullification is acceptable in California and Colorado, but not Missouri, ever wonder why?

Please note where and under what circumstances nullification is acceptable and not acceptable. In point of fact, legally and morally, SCOTUS should have taken this into account when ruling on various aspects of PPACA. The failure of SCOTUS to perform within the law, in and of itself, should be reason enough for secession. Due to various XVIIIth Century SCOTUS rulings, not only is tenure for life a facet of being a federal judge, but one may be suffering from dementia or extreme alcoholism, yet remain on the bench, AND THAT JUDGE OR JUSTICE’S RULINGS ARE STILL BINDING!

Thus, by their own actions, both SCOTUS and the entire senate have defeated the purpose of the constitution. Secession is the least objectionable response to such irresponsibility, to this assault on personal Faith, private property and personal wealth.

The need for the upper house to be placed, as originally intended by The Founders, back to the citizen-taxpayers of each, and every individual, INDEPENDENT, State, is shown every time a party official prevents national work from being performed. The current institution is nothing more than a millionaires’ club, with its purpose naught more than self-perpetration, and making their bubba’s rich. The “Black Hole” in Boston is an excellent example of this, as is the constant raiding of the Transportation Fund for projects like “light rail”, instead of roads and bridges, which was what the original enabling was for.

Consider further this little tidbit. The money for the Federal Transportation Fund is from a tax on gasoline. The reasoning was that since cars and trucks would be using the roads and bridges, car and truck owners should pay for the bridges and roads. Now, the gasoline tax must be raised so that members of congress can buy construction workers’ votes by spending the money on less effective projects that are more expensive like “light rail”. Interestingly enough, the 9 Aug 14 issue of The Economist, has an article on this very subject.

As to Secession, the Stanford Convention of 1814, where the New England States voted to remain in the Union, provided that The War of 1812 be ended, is only one of several secession conventions. Dr. Freehling’s work is excellent for those who actually want to research the issue. Suffice it to say that, the next secession was when Andrew Jackson and his Democratic Party so controlled the federal government that the South was so heavily taxed for “economic improvement,” (canals & railroads, special loans to industry – think Solyndra), and the benefits of all of these taxes given to the Northern states, that South Carolina did hold a convention and start the secession process. Former president John Q. Adams, then a senator from Massachusetts, intervened, and South Carolina did not secede and Jackson’s Tax Law was repealed! Think Obamacare!

Shortly thereafter, the third party candidate, Abraham Lincoln got elected to the executive, and the seven Deep South states seceded. Lincoln, arguably the worst president this country has ever had, [know anybody else who not only caused a civil war costing as much as The War of 1861 did in both lives and wealth; violate the constitution so many ways through executive decree {instituted an unconstitutional raising of an army, fired on States’ militias, took and hanged innocent hostages as a means of controlling citizens in occupied territories, instituted a draft without an act of congress, created an income tax specifically prohibited by the constitution – not made legal in this country until 3 February 1913 with the questionable ratification of the XVIth Amendment, invaded the Sovereign Commonwealth of Virginia, piratically boarded British commercial vessels and kidnapping private citizens under the protection of The Crown, and on and on} – BTW, Lincoln freed NO slaves, the XIIIth Amendment did that, and the discussion by his own cabinet as to the constitutionality of his Emancipation Proclamation shows it to be unconstitutional as it is not allowed even within the executive’s war powers, AS IT DEALS WITH THE CONFISCATION OF PRIVATE PROPERTY W/O DUE PROCESS (!!!), AN ISSUE ALREADY DECIDED BY SCOTUS, Scott vs Sanford, THAT THE FEDERAL GOVERNMENT HAS NO SUCH AUTHORITY!!!], in direct violation to the constitution, congress was NOT in session, started to raise a Standing Army and threatened to “cross” Virginia with it in order to put down the legally seceding states.

Virginia and the three border states, then held secession conventions and decided to secede from the union. For the results of Lincoln’s unconstitutional acts, I direct your attention back to Mr. Foote’s excellent work. His discussion of how Missouri did not secede yet Lincoln’s general, Frèmont, invaded anyway, treating Missourians as subjugated serfs, the treatment of occupied territories by such union generals as Butcher Butler in New Orleans and the confiscation of private property sold for personal gain, are enlightening, to say the least.

Point being, secession was and is legal. Further proof, is that in 1854, then Repre-sentative from Illinois, that same A. Lincoln, made a speech on the floor of the House of Representatives declaring so, and that he understood the law to be so. And, consider that although called The American Revolution of 1776, it was, in both fact and law, a secession from the Hanoverian Crown!

A last point on Article I, the “just and proper” enabling clause, is always interpreted through the dark glass of the specious Federalist Papers. Since it has been shown that it should be viewed through both The Preamble and The Anti-Federalist Papers, every case that has supported this clause’s use to over-reach and extend federal authority, should be made null and void. Only through secession can all of those laws and SCOTUS decisions be removed.

I – b

Ok, here’s the simple view and clearly why the federal government must be limited to federal issues ONLY!!

A Congressman from Detroit wants special tax privileges for certain constituents. Lady Speaker wants an extension to an Interstate to go over land to which she and her husband have options to buy. They swap votes, each voting for the other’s special situation. The result:
A special section of the Internal Revenue Code (IRC), based on the section of the constitution stating that the congress should be doing things to help commerce and science, is amended to include that any money lost from the start-up of a Hip-Hop/ Rap Record Label, shall be written off the investor’s Gross An-nual Income at 50:1. Thus, for every dollar lost on said record label start-up, the investor can take off $50.00 of income. The result is a boom of record labels in Detroit, creating proprie-tary jobs for in-laws, family, and friends, an economically mis-direction of economic resources, and an incredibly favorable tax break for those specific investors.

Balancing this congressional support for advancing commerce and science, Madame Speaker, knowing months in advance of the public exactly where the unnecessary Interstate extension will go, exercises her options to buy hundreds of acres of land at $180/acre, and then sells it to The Department of Transportation for $1,800/acre.

Both the Congressman from Detroit and the Congresswoman from San Francisco, have personally, AND LEGALLY, profited from these acts of congress. We, the taxpayers, have lost. We have lost in the one case by being over-charged for the land, and in the other in that those “losses” have reduced the “investors’” tax payments.
Is this simple enough for you?

II

Article II establishes, defines, authorizes, and restricts, The Executive Branch.

In a full-blown argument including Article II, discussion of presidential over-reach, appointing of bubba’s, failure to enforce the law, &c., would be gone into. However, with all of the public discussion, or lack thereof, regarding The Obama Administration and its scandals, its appointments of racists and bigots such as Perez and Holder; scandals such as NSA spying on US citizens, the IRS, Benghazi, Hillary & Kerry, the dropping of the New Black Panther Voting Violation law suit, its failure to enforce the Mississippi Federal Court Decision regarding the Sheriff of Noxubee County, the as yet unexhausted abuse of the military, the continuing exercise of executive authority to change passed legislation without returning to the legislature for a re-write, the “Dream Act” executive order, the deaths of Federal Agents by foreigners, &c. I see no such need. The only way to re-write The Executive and get rid of all of the entrenched civil servants like Lois Lerner, is through secession.

Let us be more clear: Obama has appointed over three dozen ACLU and La Raza attorneys to the Justice Department Civil Rights Division, how impartial will they be, when J. Christian Adams’ book Injustice: the Obama Justice Department, already shows how bad things are in the DoJ. The evidence mounts.

And, as to the whole civil service, the over One Million of Them, what shall be done now? How many of them are Lois Lerners?

Bluntly, if even one is a Lois Lerner, the integrity of the whole system fails. Only se-cession cures the cancer of the Obamacratic Bureaucracy. Or, do you really think that Lois Lerner was (she got to retire with full pension and benefits) the only rotten apple in the bureaucracy, or that only the IRS, NSA, CIA, SSA, HUD, OPM, NLRB, ACE, Medicare, and the VA, are the only really bad federal agencies? Mmm, wait a minute, doesn’t that leave ONLY the Military as honest? And, hasn’t Obama fired so many generals and admirals that the only people appointed to flag positions are those with good records on gender, race, and affirmative action, pretty much leaving combat skills out of the promotion equation? Or, did I miss something in the recent speech by The Commandant of The Marine Corps (Barry, the P is silent!) condemning current Executive Policies?

III

The failure of The Supreme Court of the United States, created by Article III, to follow even the most basic of The Rules of Contract and Statutory Construction, that every person who has completed their first year of law school, not only understands the rule but the WHY the rule exists reasoning, is, in and of itself, reason to secede. The failure to follow the most simple of the rules of law, proves beyond any doubt that The Federal Judiciary is incapable of being impartial, of rendering a constitutionally grounded ruling, or even of acting on the surface in a non-partisan, reasoned judgmental manner.

When PPACA was ruled constitutional as a tax and CJ Roberts declared that the duty of SCOTUS is not to make law, but to interpret law in accordance with the intent of congress, he was correct. That he completely ignored the affirmed and boldly broadcast intent of congress, was NOT correct. Madame Speaker, Nancy Pelosi, had declared openly, and had printed in The Congressional Record, the official source and record of congressional intent, that there was not to be a severability clause in PPACA. She said outright that PPACA was an all or nothing bill, and was to be an all or nothing law. When SCOTUS ruled one iota of the law unconstitutional, the will of congress was that then the entire law was to be unconstitutional!

But there is so much more!

The chain of Marshall Cases beginning with Marbury vs Madison, (~1803) all in vio-lation of a clear reading of the constitution, has as its purpose a re-write of the constitution along High Federalist lines, and gives SCOTUS a higher footing than the other two branches, when the original intent was that it be the least of the three branches. The overt end of that line is the following, and it is still law, Shepardize it if you like. It has been “restricted” and “narrowed” but never the less, it is still good law. The covert end of these rulings has not been reached. The gross failure to follow the simplest of the rules of construction, the severability clause, proves SCOTUS is still seeking absolute dominance over government.

Rector, et al, Holy Trinity Church vs United States
143 US 457 (1892)
“(@ 12 SCT 511) It must be conceded that the act of the corporation is within the letter of (the law) … (@ 12 SCT 512) 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. This has been often as-serted, and the Reports are full of cases illustrating its application. This is not the substitution of the will of the judge for that of the legislator; for frequently words of general meaning are used in a statute, words broad enough to include an act in question, and yet a consideration of the whole legislation, or of the circum-stances surrounding its enactment, or of the absurd results which follow from giving such broad meaning to the words, makes it unreasonable to believe that the legislator intended to include the particular act.”

Emphasis added.

It is important to note the historical context of this decision, especially with the court using the illogical reasoning that it expresses above.
In 1892 there was a Federal Labor law that stated that no enterprise could em-ploy a foreigner for any position whatsoever in these United States if there was an American able and willing to do that job.
Holy Trinity Church is the Episcopal Church located at Wall & Church Streets in New York City. It was originally Anglican a.k.a. Church of England (C of E), but, as did most Anglican Churches in 1776, vote to distance itself from The Crown. Holy Trinity Church is where Alexander Hamilton is buried. It is where the power elite of old families of New York City, and the early Federalists, belonged, worshipped, and congregated. It is where the business people attended. Currently, it owns ALL of the land from Wall Street south and collects all of the rents therefrom. As a church, it pays no taxes but supports various politicians and approved charities.
In 1888, Holy Trinity Church decided to employ a new bell ringer. The Elders de-cided to hire a German to do it. They did in fact know that there were hundreds, if not thousands, of New Yorkers ready, willing and able to do the job. They did not care, and they did in fact know that they were breaking the law, at least according to the syllabus.
And, the Supremes decided to keep John Marshall’s usurpation of power alive and well, the Constitution of the United States notwithstanding.

[page taken from The Albany Plan Re-Visited © 2012 William S. Klocek]

IV

Article IV is one of the most egregiously and violently violated articles of the constitution. [§1 Full Faith and Credit shall be given in each State to the public Act, Records, and Judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved and the Effect thereof. §2 The Citizens of each State be entitled to all Privileges and Immunities of Citizens in the several States. … . §3 New States … . §4 The United States shall guarantee to every State in this Union a Republican Form of government, and shall protect each of them from Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.]

(I must pause and catch my breath every time that I proofread this essay when I get to this point. Ah-ha, not better, should probably go get a scotch & water, no ice.)

Just a little bit here, as once you read the very few points that I make, y’all will be putting forth many more of your own, and realize that secession is the least bloody way of getting rid of this.

For decades, the only two places an American could get a divorce were Mexico and the State of Nevada. For Nevada, you went to Reno, rented a room for six weeks to establish CITIZENSHIP through meeting the residency requirements, then filed for a “no fault” divorce and it was routinely granted. Ta-da! The divorce became good worldwide!!!

First problem, as SSA and Medicaid became rights, the residency requirement limit-ing access to State Aid, was dissolved by SCOTUS, as residency requirements somehow infringed on a magically implied constitutional right to mobility. This issue as a national issue is still unresolved.

Second problem, now that California and New York have decided to grant Illegal Aliens driver’s licenses, these new license holders may now travel legally everywhere within the federal jurisdiction, regardless of the rights and laws of the other 48 states. Note also the invasion all along our Southern border and how the feds are not protecting our citizens.

Third problem, these NY & CA driver’s licenses are Legal Acts within the meaning of Article IV. THEY ARE NOW USABLE AS GOVERNMENT ISSUED LICENSES, WHICH MAY BE USED TO REGISTER TO VOTE IN ALL 50 STATES!!! Think that I’m joking? Look at how the ACLU and La Raza have prevented the use of photo ID’s to register to vote and as proof of citizenship at voting precincts. Magically, to denote citizenship or lack thereof on these licenses will, by federal court ruling, be discrimination, thus, all driver’s licenses MUST be the same, and thus, automatic amnesty and FULL citizenship!

Now, consider this, if any State pass a law that CA or NY licenses are not valid forms of identification, do you really think that the NAACP, La Raza, or the ACLU, will sit idly by? What federal court won’t declare such a law unconstitutional simply on a clear reading of Article IV???

Do I really need to go into the problems with PPACA, abortion laws, right to work laws, DMV laws, tax laws, landlord-tenant laws, &c.? Or do you think that you can pick up your local paper, or listen to your local talk radio, and see the problems with how Article IV has been interpreted and abused? Hasn’t Breitbart reported more than a dozen illegal alien crimes this week alone, including child molestation and vehicular manslaughter?

V

I’m going to pass on the rest of the articles, except to point out that Article V is the amending article, and the post on this blog regarding how The XIVth Amendment has never been ratified pretty much covers all of that, and Article VI §1 is about debts made before the constitution was ratified, but that Article VI §2 is the so often abused and intentionally misinterpreted “supremacy” clause. As pointed out earlier, this clause should be viewed through the two glasses of the preamble and the AFP, and has not been. Article VII is that this constitution shall go into effect as between them when nine of the 13 STATES ratify it.

VI

I should probably go into the amendments, there are 27 of them, but there are only a few of immediate concern. We are constantly talking about The 1st Amendment, which deals with various freedoms including that of religion and assembly. One point, it applies to rules and laws made by The Federal Government and was put in to specifically prevent the feds from doing things like the PPACA forcing people to pay taxes that violate their religious beliefs. Keep in mind that Massachusetts and Pennsylvania had State religions into the 1840’s. Those states collected taxes that paid for the salaries of preachers and their estates, so much for the supremacy clause and freedom of religion.

The 2nd Amendment as intended by The Founders gives non-felons the right to bear arms. A quick look at the time and how The Minute Men were formed, organized, supplied, and supported, proves this without any doubt. However, for those of you who do not believe this, elsewhere is a complete essay on the federal law that defines the militia. Simply put, ALL healthy males, except for a very limited set of exemptions – primarily the “essential” personnel groups of federally elected officials and certain bureaucrats- between the ages of 16 and 48 (the ages may have changed as I haven’t looked since I wrote the original essay), are The Militia. Ya, and some women, too, but you need to read the law to see who. AND, each and every member of this militia is supposed to know basic drill/ The Landing Party Manual, a basic knowledge of infantry tactics, basic marksmanship, and to have and maintain a RIFLE! Yupper, Federal Law states this! Under this federal law, who among you are un-convicted felons?

And, a quick aside as to a peculiar point of history and The 2nd Amendment: After Lee’s surrender at Appomattox Courthouse, the hatred between the races, as pointed out by Shelby Foote’s book, caused by The Emancipation Proclamation, caused the creation of the KKK, which went about keeping the former slaves in check, mostly through violence, particularly murder. The National Rifle Association was created to buy arms, GIVE THEM to former slaves, and train them in their use, so that they may protect themselves from such terrorism.

Last point in here, the 4th, 5th, and 6th Amendments are the ‘criminal rights’ amendments. Originally designed to protect ALL citizens from the over-reach of the federal judiciary and congress, they have been misinterpreted to protect only criminals. Think about it, only criminals are granted Due Process. PPACA is a tax that the taxpayer cannot individually challenge. YOU CANNOT challenge the feds when the IRS takes everything away through a mistake. YOU CANNOT challenge the feds when the DEA breaks into your home when they meant to break in next door. YOU CANNOT challenge the EPA when they declare that all standing water is protected by The Clean Air Act, thus they have authority on your driveway even though that puddle will evaporate. Under The Patriot Act, you cannot challenge a warrantless search. And, the list goes on and on.

Epilogue and Conclusion

There are other things to consider, but with all of the above, where else can you go? National Bankruptcy, Civil War, a perverted Constitutional Convention, Anarchy to Tyranny, or Secession, which one is actually reasonable and workable?

But what benefits derive from secession?

1

The first and most urgent benefit from a Red State Secession is that of immediate and complete control over the National Debt.

The Red States will take 1/3rd of the debt, or a projected $6T, leaving the industry heavy and, if allowed to be, completely energy independent blue states with $12T. No real change is apparent at this point. OH! COME LOOK AND SEE!!! The $83T of UNFUNDED DEBT immediately disappears through operation of Contract Law through rescission and novation!!! Simply put, because the legal entity known as The United States of America dis-appears, except for the total national debt, all contracts and promises made by it also dis-appear. Magic! Harry Potter couldn’t do it better. Don’t believe me? Consider how when someone dies, his estate pays off what debt it can, but once unprotected assets are used up, the rest of the debt is simply written off. Here, the new entities, blue and red, accept their proportionate share of that debt, but, as in death, all of the deceased’s promises are vacated as un-executable.

Thus, there is NO MORE unfunded debt. Magic!

2

Next, as noted many times above, all of the laws and court decisions of The Union are no longer applicable to The Red States. And, because of the secession, The Blue States MUST review ALL of those laws and decisions for current applicability to them! Gosh and Golly, two win-win situations in a row, I wonder if there are any more to be had.

3

The Red States will write a new constitution. One applicable to the Times! One that will include electricity, electronics, medicine, &c. in it. This convention would have over 238 years of U.S. AND WORLD HISTORY to guide it. It could start with The Albany Plan, The Virginia Plan, The New York Plan, The Heartland Plan, and The Rhode Island Plan as well as Hagehot’s British Constitution as initial proposals, and then put together a truly workable federal government that would leave local issue to the locals, and make certain that the new federal government dealt ONLY WITH FEDERAL ISSUES. Hmm, three good reasons in a row.

4

By secession, the economic circumstances of North America would change almost instantly for the better. Yupper, Canada, The Red States, The Blue States, Mexico, Central America, and The Caribbean would instantly become the most dynamic economic machine through the forced renegotiation of all trade agreements. The XL Pipeline would immedi-ately be started, Pass Christian MS, Pascagoula MS, Tampa FL, Vera Cruz MX, Hispaniola, and Cuba, could start building new, environmentally safe, refineries. NAFTA would be re-done to require uniform enforcement. Unemployment should drop to 3% average throughout the entire region while labor force involvement should jump to 69%. Nuclear Fusion plants would be planned and built. A standardized rail system from Point Barrow to Panama City Panama would be built. Stabilization of currency would be immediate.

5+

How much more do you want? Taxation would be rationalized and evened out. Education throughout would be standardized and equalized. Private property and wealth would be protected, which could be done now if only the various governments would im-plement the laws currently on the books.

6+

Borders would be closed and protected. An intelligent and uniform foreign policy would be emplaced.

7+

More? How about true freedom of religion? How about being protected against terrorist attacks, like the Boston Marathon, by terrorists, instead of useless assaults on our persons by an ineffective TSA?
Secession, secession, secession, and secession BEFORE THE NATIONAL DEBT GOES PAST $18t AND THE UNFUNDED $83T

Secession!

July 2, 2014

Precis of SCOTUS NLRB Ruling, read carefully, [c]

U.S. Supreme Court Finds President Obama Lacked the Power to Make Three Recess Appointments to the National Labor Relations Board

This Hot Topic was prepared by the ABA Section of Labor and Employment Law, Practice and Procedure Under the National Labor Relations Act (“NLRA”) Committee, with the assistance of Brian R. Garrison of Faegre Baker Daniels LLP in Indianapolis, Indiana, representing employers in labor and employment matters, and Lisa C. Demidovich of United Nurses Associations of California/Union of Health Care Professionals in San Dimas, California, representing the Union and its represented employees.

On June 26, 2014, the United States Supreme Court decided NLRB v. Noel Canning, holding that President Obama lacked the power to make three of his recess appointments to the National Labor Relations Board (“NLRB”). 573 U.S. ___ (2014). Notably, this is the first time the Supreme Court has interpreted the U.S. Constitution’s Recess Appointments Clause, Art. II, §2, cl. 3. See Slip Op. at 9.
Background

The NLRB is composed of five members and cannot issue decisions or take other actions in the absence of a valid three-member quorum. Over the course of 2011, President Obama nominated three people–Sharon Block, Terence Flynn, and Richard Griffin–to serve as members of the NLRB. Their nominations required Senate confirmation and remained pending through 2011. On December 17, 2011, the Senate adopted a resolution stating that it would take a series of brief recesses beginning the following day. Under that resolution, the Senate held pro forma sessions every Tuesday and Friday until it returned for ordinary business on January 23, 2012. During each pro forma session, the Senate would be gaveled to order and then immediately adjourned without conducting any actual business.

The Senate held one such pro forma session on January 3, 2012, which was the same day that NLRB Member Craig Becker’s term expired. This left the NLRB with only two confirmed members–Chairman Mark Gaston Pearce and Member Brian Hayes. The next day, President Obama appointed Block, Griffin, and Flynn to the NLRB, using his authority under the Recess Appointments Clause in Article II, section 2 of the U.S. Constitution. This clause provides that the President has the power “to fill up all Vacancies that may happen during the Recess of the Senate, by granting commissions which shall expire at the End of their next Session.” The President took the position that the Senate was in “recess” on January 4 within the meaning of the Recess Appointments Clause, so he had the authority to fill the three NLRB vacancies.

On February 8, 2012, after an administrative trial and an appeal to the NLRB, a three-member panel consisting of Members Hayes, Flynn, and Block found that Noel Canning–a bottler and distributor of Pepsi-Cola products based in Washington State–had violated the NLRA by refusing to reduce to writing and execute a collective-bargaining agreement with Teamsters Local 760. The NLRB ordered Noel Canning to execute the agreement and make employees whole for any loss.

Noel Canning petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review the NLRB’s decision. It argued that the NLRB’s order was invalid and unenforceable because the President’s January 4, 2012, appointments were unconstitutional, as they were made during a period when the Senate was not in recess. As a result, Noel Canning submitted that the NLRB did not have a valid quorum of three members when it issued its order. In response, the NLRB argued that the President’s recess appointment power is not so limited as to prevent him from making recess appointments during a recess that is a “break in the Senate’s business when it is otherwise in a continuing session.” Therefore, the NLRB argued that the President’s appointment of the NLRB members was constitutionally valid and the NLRB’s order should be enforced.
The D.C. Circuit’s Decision

On January 25, 2013, a three-member panel of the D.C. Circuit agreed with Noel Canning that the President’s recess appointments were unconstitutional. Writing for the court, Chief Judge David Sentelle found that the appointments fell outside the scope of the Recess Appointments Clause for two reasons. First, the D.C. Circuit unanimously found that the phrase “the Recess of the Senate” does not include “intra-session” recesses–those that occur within a formal session of Congress–and applies only to “inter-session” recesses–those that occur between such sessions when a return date is not set. Therefore, as the Senate was holding pro forma sessions at the time of the President’s January 4, 2012, NLRB appointments, they were not made during an inter-session recess. Second, the D.C. Circuit found, by a 2-1 vote, that the vacancies filled by the President’s recess appointments did not “happen” during “the Recess” as required by the Recess Appointments Clause. As the NLRB vacancies existed at the time the “recess” began and did not arise during the Senate’s recess, the majority concluded that they did not “happen” during the “recess” so could not be filled pursuant to the Recess Appointments Clause. Consequently, the D.C. Circuit concluded that the NLRB lacked a quorum of validly appointed members when it issued its order in the Noel Canning case, so that order was invalid and unenforceable.
Supreme Court Proceedings

On April 25, 2013, the NLRB petitioned the United States Supreme Court for a writ of certiorari. Noel Canning did not oppose certiorari. The Supreme Court granted certiorari on June 24, 2013, and heard oral arguments on January 13, 2014.

The Supreme Court’s Ruling

Justice Breyer delivered the Court’s decision unanimously affirming the D.C. Circuit’s decision that the Recess Appointments Clause does not give the President authority to make the three challenged appointments to the NLRB. NLRB v. Noel Canning, No. 12-1281, Slip Op. at 1 & 41 (U.S. June 26, 2014). The majority opinion, joined by Justices Kennedy, Ginsburg, Sotomayor and Kagan, rejected the reasoning of the lower court in its “first time in more than 200 years” call to interpret the Recess Appointments Clause. Id. at 9 & 41. With three of the five NLRB members’ appointments invalidated, the Court found the Board lacked a quorum and set aside its order. Id. at 2-5 & 41. Justice Scalia, joined by Chief Justice Roberts and Justices Thomas and Alito, filed a concurring opinion.

The Opinion, rich in historical references, recognized that the issue of first impression has been extensively considered by the Executive Branch as “Presidents have made recess appointments since the beginning of the Republic.” Id. at 8.

The first aspect of the Recess Appointments Clause the Court examined was whether it applied to intra-session recesses in addition to undisputed inter-session recesses and concluded–contrary to the D.C. Circuit–that the Clause applies to both kinds of recess so long as the intra-session recess was for more than ten days. Id. at 1 & 9-21. Historically, “Presidents have made thousands of intra-session recess appointments,” likely because “opinions of Presidential legal advisers . . . are nearly unanimous in determining that the Clause authorizes these [intra-session] appointments.” Id. at 12. While all Justices agreed the President may make recess appointments during any break–“no matter how short”–between sessions, compare id. at 19 with Concurrence Slip Op. at 15 n.4, the majority found that an intra-session recess “of more than 3 days but less than 10 days is presumptively too short to fall within the Clause,” except for “a national catastrophe,” preventing the Senate from reconvening to approve the President’s needed recess appointments to address the emergent situation. Slip Op. at 21.

The Court next examined whether the Clause covered “vacancies that arise prior to a recess but continue to exist during the recess” or whether the power was limited to “vacancies that first come into existence during a recess,” and concluded–again contrary to the D.C. Circuit–that the Clause applies to both kinds of vacancy. Id. at 1-2 & 21-33. Again, relying on history, the Court noted that Presidents, dating back to at least President James Madison and including “every President since James Buchanan,” have made recess appointments to pre-recess vacancies. Id. at 26-29. The Court noted Presidents would not likely abuse this power because of limitations on recess appointments, such as they serve “a limited term” and they may have more difficulty tackling controversial issues without the credibility commensurate with Senate approval. Id. at 25.

The Court’s final consideration was whether pro forma sessions where no business was transacted could be excluded when calculating the length of the recess. It concluded that the pro forma sessions could not be ignored and break up a recess where the Senate “retain[ed] the capacity to transact Senate business,” “received a message from the President,” and actually “passed a bill by unanimous consent during the second pro forma session after its [initial] adjournment.” Slip Op. at 2 & 33-40. Because of the pro forma session every Tuesday and Friday during the recess at issue here, the President’s three NLRB recess appointments occurred during a three-day recess, which is “too short a time to bring a recess within the scope of the Clause.” Id. at 2.

The Concurrence

Concurring in “judgment only,” Justice Scalia criticized the majority opinion for “transform[ing] the recess-appointment power from a tool carefully designed to fill a narrow and specific need into a weapon to be wielded by future Presidents against future Senates.” Concurring Op. at 2. Instead, Justice Scalia, just as the D.C. Circuit held, would have limited the Recess Appointments Clause to inter-session recesses and to “offices that become vacant during the intermission.” Id. at 1-2. Justice Scalia concludes his opinion by offering alternative speculations of the import of the majority’s opinion: Either the Senate may seek to “avoid triggering the President’s now-vast recess-appointment power by the odd contrivance of never adjourning for more than three days without holding a pro forma session at which it is understood that no business will be conducted” or “[m]embers of the President’s party in Congress may be able to prevent the senate from holding pro forma sessions with the necessary frequency, and if the House and Senate disagree, the President may be able to adjourn both ‘to such Time as he shall think proper.'” Id. at 62 (quoting U.S. Const., Art. II, §3).
Implications

Management Perspective

The Noel Canning decision calls into question every official action taken by the NLRB during the terms of its unconstitutionally appointed Members. This means all the NLRB’s actions between January 4, 2012 and August 2, 2013–which includes issuing over 700 decisions and appointing several Regional Directors–are likely invalid. The NLRB now must revisit and reconsider all the invalid decisions that return to it. It is likely that the parties to many of these cases have already complied with the NLRB’s order or otherwise resolved their disputes, which may render the underlying issues moot. For those cases that have not been resolved and return to the NLRB, the NLRB will have to review each of these cases as new decisions and reissue decisions after this review, just as it did after the Supreme Court’s 2010 New Process Steel decision. As happened after New Process Steel, the NLRB will likely reconsider and reaffirm its decision in most, if not all, of these cases. But that may take substantial time, as many of the invalidated decisions were high-profile cases in which the decisions departed from NLRB precedent and had significant implications for employers. They are much different from the decisions invalidated by New Process Steel, which were issued in cases where a two-member NLRB, with one Democratic Member and one Republican Member, could find consensus. So, while it is unclear what will happen in the decisions invalidated by Noel Canning and in current cases the General Counsel’s office is prosecuting based on those decisions, employers are wise to take guidance from them. On the other hand, the likely invalidation of the NLRB’s Regional Director appointments poses a thornier issue, as its consequences may extend beyond the need to merely revisit cases and reissue decisions. Employers may challenge as invalid a variety of decisions made and actions taken by those Regional Directors since their appointments, such as those related to determining the appropriate bargaining unit, ruling on election objections, and certifying election results in union representation cases.

In conclusion, due to the time necessary for the NLRB to revisit the invalid decisions, Noel Canning will likely bog down the NLRB and inhibit its ability to proceed as planned on the other cases and issues currently before it. This means it will likely take some time before the NLRB takes action on two fronts of significant concern for employers: finalizing new rules to expedite representation election procedures and issuing decisions in cases in which the NLRB has invited amicus briefs (such as Purple Communications, Inc., which addresses employees’ right to use an employer’s email system for activity unrelated to the employee’s business purposes, and Browning-Ferris Industries, which addresses the NLRB’s joint employer standard). Due to Noel Canning and the NLRB’s obligation to continue addressing other pending cases, it may not get around to these two significant issues until after December 16, 2014, when Member Nancy Schiffer’s term ends. That would mean that instead of a Democratic majority, the NLRB would have two Democratic and two Republican members. While lawfully able to operate, the lack of Democratic control would mean uncertainty for the cases and issues pending before the NLRB at that time. And depending on the results of the November 2014 elections, a Republican-controlled Senate may significantly limit the President’s ability to make a recess appointment upon Member Schiffer’s departure. At bottom, during the period while the uncertainty caused by Noel Canning is resolved, employers should work closely with labor counsel when making strategic decisions on how to proceed before the NLRB.

Union Perspective

Subsequent events–namely the Senate rules change to allow for the President’s Executive Branch appointments to be confirmed by a Senate majority and the Senate’s confirmation of the NLRB General Counsel and five board members–have circumscribed the continuing impact and scope of the Court’s holding on NLRB decisions. The greatest effect of the Court’s ruling on labor will be the decisions that were decided by former Members Block, Flynn, and Griffin where the unsuccessful party sought review on the basis that their appointments were invalid, but unions are optimistic that the NLRB–having experience with reconsideration after the Court’s 2010 invalidation of the Agency’s delegation of power to a two-member board in New Process Steel v. NLRB, 560 U.S. 674 (2010)–will handle those pending cases expeditiously and effectively to ensure the NLRA’s purposes are effectuated.

[This is from the ABA LEL section, of which I am a member. Read this carefully, noting the arbitrary 10 rule, and that there are several different opinions involved. Different opinions means that although they all agree on the outcome, they all DISAGREE on WHY. In future rulings, courts and lawyers will point to different opinions, claiming that they were unanimous, which they obviously are NOT. Everyone needs to read this carefully because of the potential impact this case will have in the future. Good outcome, very bad decision making.]

April 23, 2014

the other shoe just dropped, by Simon Black, no comment

The Next Shoe Just Dropped: Court Denies Attorney-Client Privilege
Tyler Durden’s picture
Submitted by Tyler Durden on 04/19/2014 22:14 -0400

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Submitted by Simon Black via Sovereign Man blog,

In the Land of the Free, people grow up hearing a lot of things about their freedom.

You’re told that you live in the freest country on the planet. You’re told that other nations ‘hate you’ for your freedom.

And you’re told that you have the most open and fair justice system in the world.

This justice system is supposedly founded on bedrock principles– things like a defendant being presumed innocent until proven guilty. The right to due process and an impartial hearing. The right to counsel and attorney-client privilege.

Yet each of these core pillars has been systematically dismantled over the years:

1. So that it can operate with impunity outside of the law, the federal government has set up its own secret FISA courts to rubber stamp NSA surveillance.

According to data obtained by the Electronic Privacy Information Center, of the nearly 34,000 surveillance requests made to FISA courts in the last 35-years, only ELEVEN have been rejected.

Unsurprising given that FISA courts only hear the case from the government’s perspective. It is literally a one-sided argument in FISA courts. Hardly an impartial hearing, no?

2. The concept of ‘innocent until proven guilty’ may officially exist in courts, but administratively it was thrown out long ago.

These days there are hundreds of local, state, and federal agencies that can confiscate your assets, levy your bank account, and freeze you out of your life’s savings. None of this requires a court order.

By the time a case goes to court, you have been deprived of the resources you need to defend yourself. You might technically be presumed innocent, but you have been treated and punished like a criminal from day one.

3. Attorney-Client privilege is a long-standing legal concept which ensures that communication between an attorney and his/her client is completely private.

In Upjohn vs. the United States, the Supreme Court itself upheld attorney-client privilege as necessary “to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law. . .”

It doesn’t matter what you’re accused of– theft. treason. triple homicide. With very limited exceptions, an attorney cannot be compelled to testify against a client, nor can their communications be subpoenaed for evidence.

Yet in a United States Tax Court decision announced on Wednesday, the court dismissed attorney client privilege, stating that:

“When a person puts into issue his subjective intent in deciding how to comply with the law, he may forfeit the privilege afforded attorney-client communications.”

In other words, if a person works with legal counsel within the confines of the tax code to legitimately minimize the amount of taxes owed, that communication is no longer protected by attorney-client privilege.

Furthermore, the ruling states that if the individuals do not submit attorney-client documentation as required, then the court would prohibit them from introducing any evidence to demonstrate their innocence.

Unbelievable.

While it’s true that attorney-client privilege has long been assailed in numerous court cases (especially with regards to tax matters), this decision sets the most dangerous precedent yet.

With this ruling, government now has carte blanche to set aside long-standing legal protections and even deny a human being even the chance to defend himself.

Naturally, you won’t hear a word about this in the mainstream media.

But it certainly begs the question, what’s the point of even having a trial? Or a constitution?

When every right and protection you have can be disregarded in their sole discretion, one really has to wonder how anyone can call it a ‘free country’ any more.

April 18, 2014

S.Ct. Justice Stevens & the 2nd Amendment, from ABA Journal my notes[]

Justice Stevens & the 2nd Amendment, from the ABA Journal, my notes in []

Posted: 18 April 2014

[Another reason for secession. This article is from this week’s, 18 April 2014, ABA Journal.

Notice Justice Stevens wants the legislature to change the 2nd Amendment. Note how the liberal justices ALWAYS ignore Article V. Article V is the article which explains how amendments are to be made. Stevens, and the others, all want amendments to go through the legislature. A legislature controlled by the likes of Nancy Pelosi and Harry Reid. Keep in mind that Pelosi’s net worth before she became a “public servant”, was a negative value – she owed more than she was worth. Since becoming a “public servant”, her net worth is over $25,000,000.00. Yupper, that’s 25 million U.S. Dollars. As to Reid, go to the Youtube address posted as the first line after [ ] in the Bundy Farm Fact Check post, posted yesterday.

As noted in “The Albany Plan Re-Visited”, Justice Stevens has not got a clue as to who the militia is. Federal Statute defines the militia of the United States. Last time that I looked, that was every able bodied male between the ages of 16 and 54, the only exceptions being first responders and, get this, elected officials. Women were excluded. Now, it has been many years since I looked, but I doubt that the definition has changed extensively, if at all.

Secession, pure and simple, secession.]





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Constitutional Law
Retired Justice Stevens proposes this fix for the Second Amendment
Posted Apr 14, 2014 6:25 AM CDT
By Debra Cassens Weiss
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Retired U.S. Supreme Court
Justice John Paul Stevens.
Rena Schild / Shutterstock.com
Legislators rather than federal judges should be allowed to decide what kind of guns can be carried by private citizens, as well as when and how those weapons can be used, according to retired U.S. Supreme Court Justice John Paul Stevens.
Toward that end, Stevens is proposing a change to the Second Amendment to clarify that it applies only to citizens’ right to keep and bear arms in state militias. He offers his suggestion in a Washington Post essay taken from his new book, Six Amendments: How and Why We Should Change the Constitution.
Stevens thinks the court misinterpreted the amendment in recent opinions finding a right to own a handgun at home for self-defense. The amendment reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Stevens would add five words to the amendment, so that it reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.”

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