As Eric Holcombe would say, it ain’t easy being green. Banks, Congress and the Federal Reserve can steal and waste trillions, but the 5 cents criminal faces charges.
40 years ago socialist were in charge, just as they are today. Not much has changed, except government is bigger and tyranny is more obvious to this with working brain cells. We haven’t had a decent man in the White House since Calvin Coolidge, 90 years ago. Even then, silent Cal was nothing to brag about. Probably would have to go back to James Monroe for a constitutional President.
Nixon’s crap was the catalyst for ubiquitous, lucrative speed traps.
Received this last week:
40 years ago today Nixon talked about fuel rationing, a split speed limit of 50 for cars and 55 for trucks and buses, the Alaska pipeline, lower thermostat settings, and energy independence by 1980.
“Maybe this incantation about representation is intended to keep us from an unpleasant truth: that we are ruled, not self-governed, and that self-government is a façade hiding a form of autocracy.”
Dear Representative Bob Ramsey DDS,
Research recently demonstrated that chocolate* does better at re-mineralizing teeth than fluoride.
Will you sponsor a bill to mandate chocolate in our drinking water? Or at the very minimum will you badger the people at water utility districts, until they cave, into putting chocolate in our drinking water?
If you are really concerned about the dental health of kids that don’t brush their teeth, you should mandate that we are forcibly medicated with chocolate. Just think, there will be less PMS, and migraines and great romance, side effects you won’t get for compelled fluoridation medication. Furthermore, you can use tax dollars to purchase chocolate to give out at schools, since parents are too stupid to feed their kids chocolate at home. All the poor little kids who’s parents can’t afford chocolate for them, will finally enjoy one of lifes greatest indulgences.
I await your response on this great health discovery and the bureaucratic plan to provide chocolate for everyone since we have to use government force to protect people from tooth decay.
Let freedom ring!
*Theobromine is not technically chocolate, but one compound that naturally occurs in chocolate. While I make note of this, it shouldn’t matter to dentist and fluoride myrmidons who call a plethora of toxic chemicals “fluoride” and force them on people.
Proper”, “Plenary”, and Preamble
It was not until NFIB v. Sibelius, 132 S.Ct. 2566 (2012), that the Supreme Court began to address the meaning of “proper” in the Necessary and Proper Clause, on which most of the powers of government have been erected since the breakthrough case of McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819), in which CJ John Marshall interpreted “necessary” to mean “convenient”, and said nothing about “proper”. It and Sibelius also did not address the meaning of “carrying into execution”, discussed elsewhere (see links at the end).
Ilya Somin has an article on this, The Individual Mandate and the Proper Meaning of “Proper” at SSRN. He explains that five of the justices agreed that “proper” does not allow “plenary” (unlimited) power, but they did not offer clear guidance on where the boundaries are.
CJ Marshall also introduced the term “plenary” into Supreme Court jurisprudence in Gibbons v. Ogden, 22 U.S. 1 (1824), in which he found that delegations of power were “plenary” within their sphere (subject matter). Ever since government lawyers have been building power on that opinion.
It requires only a little research into the historical background of legal delegation of power, and usage of the term “plenary”, to find that no delegations of constitutional power can ever be literally unlimited, that is, “plenary”. There is always an implicit constraint that a power only be exercised for a legitimate public purpose, and that is what the Framers meant by “proper”, not just for incidental “necessary and proper” powers, but all powers.
So where can we find authoritative guidance for what is proper? We can go back to Edward Coke, William Blackstone, and other legal authorities on whom the Founders relied, but we can also find a large part of it in the Constitution itself, indeed at the very beginning of it, the Preamble:
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.
Now the conventional view that that the Preamble adds no real content to the Constitution. It is merely what lawyers call “aspirational”. It delegates no powers, defines no rights or duties, creates no structures or procedures. But it is not without constitutional meaning, because it defines six constraints on what are legitimate exercises of power, and therefore on delegations of power. Those are not the only constraints, but it is a good start.
Let us consider some delegations of power in the Constitution, and consider what it would mean if the delegations were “plenary”:
Art. I Sec. 4 Cl. 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
If the pre-emptive power of Congress over the time, place, and manner of congressional elections (except the place of senatorial elections) were plenary, they could require the elections be held within a 1-second timeframe, at a polling place on the moon, while standing on one’s head. Ridiculous? Of course. The power may only properly be exercised to make elections more accurate, convenient, and representative. That is an implied restriction on the delegation, which is not made explicit in the Preamble, but may be expressed as being for a “legitimate public purpose”.
Or consider this:
Art. I Sec. 8 Cl. “The Congress shall have power … To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
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.
Which clearly implies the intent that militia be kept in a high state of readiness. A proper exercise of the power would be to enhance the effectiveness of militia, not impair it. It may be regulated, but only in one direction.
Here is another that some lawyers have been arguing is plenary:
Art. IV Sec. 3 Cl. 2. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; …
They actually argue this clause confers plenary, unlimited, power to dispose of any property in any way Congress may choose, even to drain the treasury to give all public funds to themselves or their cronies (which seems to be what they are doing), or to give any or all of the land of the country to a foreign enemy to be used to attack us. That obviously can’t be correct. In fact the power is that of a fiduciary, with government officials acting as trustees of the trust defined by the Constitution, having the duty to manage public trust assets for the general benefit of the people as a whole, not for the special benefit of a part of the people.
We also see this indicated in
Art. I Sec. 8 Cl. 1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;
In this clause, “common defense and general welfare” are not distinct delegations of power, but restrictions on the purposes of taxing and spending, that they be for the general benefit of all and not for the special benefit of a few.
Improper exercises of power are also what give rise to complaints of “abuse of discretion”, which are in principle justiciable. If the powers of officials were plenary there could be no abuse of discretion.
No plenary powers
All powers delegated in this Constitution are constrained to be exercised only for a proper, or reasonable, rational, and legitimate, public purpose, as a fiduciary trust for the general benefit of all the people and not for the special benefit of any part of them, partially but not completely stated in the Preamble. No power is plenary or without limits, and no power may be extended to accomplish a purpose without amendment.
Maryland: Speed Camera Cash Used To Shock, Shoot And Spy On Drivers
Tasers, Glocks and cell phone spying device bought with speed camera profit in Salisbury, Maryland.
Under Maryland law, jurisdictions that operate speed cameras face strict limits on how much revenue can be generated and what local officials can buy with the money. Last month, the city council in Salisbury voted unanimously to take the automated ticketing cash and buy Glock training handguns, Tasers and a device that police can use to crack passwords and download data off the cell phones of motorists during a traffic stop.
Maryland’s law autorizing the use of traffic cameras was highly controversial, first passing in 2006 over the veto of then-Governor Robert L. Ehrlich (R). To obtain the needed votes when expanding the speed camera program statewide in 2009, lawmakers agreed to a few compromises. Cities are not allowed to collect more than ten percent of their municipal budget from camera revenue, and profit must go “solely for public safety purposes, including pedestrian safety programs,” according to Maryland Code Section 7-302.
In August, the city put in an order for nine Tasers at a cost of $12,500. Last month it approved purchase of eight Glock simunitions handguns and the purchase of a $12,083 mobile device used to crack the passwords and grab the data from mobile phones while in the field.
“The upgrade will allow police investigators to pull data from the most technically advanced cell phones and tablets,” Salisbury Police Major David Meienschein wrote in a September 5 memo. “The Cellebrite UFED Touch is a device that is used to perform data extractions from cell phones, tablets, iPads, GPS and other electronic devices. Investigators have been able to obtain stored and deleted data files to include but not limited to: text messages, photographs, videos and contact lists.”
Ron Ely, head of the Maryland Drivers Alliance, says this is one of many examples of municipalities are making a mockery of the law.
“The so called ‘public safety restriction’ is a meaningless joke intended for public relations and has no practical effect,” Ely told TheNewspaper. “Salisbury’s interpretation of this provision is not surprising at all. Chevy Chase Village previously earmarked such funds on things like new locker rooms, office equipment, cable TV lines, and a new office for the police chief.”
It’s obvious that all across this country governments have declared war on we the people. The only way to stop this, absent divine intervention, is to stop making excuses and fight your corrupt governments.
Earlier this week we saw Sheriff Be-Wrong cross into another jurisdiction and put another County Jail in “lock down“, military style with a grenade launcher on hand, all to keep the people safe from the Grainger Co. Coffee monster. Truthfully the ones running the jail are far more dangerous than the petty thieves in the jail. The petty thieves usually just make off with a tv and copper wire. Government stills more than half of what you make if you are a working person. Worse if you don’t give them them at least half, they will take it all by putting your house for sale on the courthouse steps to pay the debts they rack up, all in our names of course. Don’t you just love freedom? It’s so darn expensive. The petty thief pales in comparison.
St. Augustine provides a good lesson in the evils of government vs. the petty thief. http://www.youtube.com/watch?v=CdQRl17ixwg
Governments keep hostile possession of the roads, eliminating practical travel for most people except with government permission. Look at all the cops occupying the roads, as though we’re at war, needing constant surveillance and “patrol”.
It’s time to stop making excuses about how busy you are with your lives and push back evil luciferian government.
I suspect that the cost is much higher.
This coming Tuesday Nov. 5th, I will give a presentation on Fusion Centers, discussing the REAL ID Act of 2005 and biometrics to the Smoky Mt. Tea Party Patriots at the Blount County Library at 6:30 PM. Come out and learn about the surveillance police state.
The scathing U. S. Senate Permanent Subcommittee on Investigations report is available here. As usual Congress did nothing with this information.
A local political activist was dismissed from Jury duty earlier this week without an explanation. The case was criminal theft in Wal-Mart for less than $500. When Judge David Duggan dismissed three people from Jury duty, the first two were told that because they had previously worked for Wal-Mart, the State wanted to eliminate any possibility of impropriety. The third person dismissed, a local political activist, was then dismissed without explanation.
The activist has challenged the status quo of County government and would not be a myrmidon easy guilty vote. Elimination of the person who is probably the most likely to question the State’s case makes for a much easier conviction. It may be within the purview of Circuit Court criminal Judge to dismiss people, but when he states a reason for the first two but not the one who is politically active, it leads one to conclude that the good ole boys are working to shut out anyone who doesn’t agree with the agenda of the local political machine.
Assistant District Attorney General Tammy Rettig… asked the judge in an aggravated burglary case to order the defense attorney not to refer to her as “the government.”
If the judge had decided to grant the prosecutor’s request, Justice wrote that he wanted the judge to grant him a military title of his own. He suggested “Captain Justice.”
What’s crazy is that some government automaton actually tried to compel a title of address. Some of the founders didn’t take too kindly to titles of address, yet we have a system where Judges are called Your Honor, for no good reason and we are forced to rise to our feet when the black robed devils enter and exist the courtroom, like people were forced to kneel for a King. It’s rotten and should be stopped.
Justice said of the ruling: “The judge basically said he didn’t think the words `the government’ were derogatory.”
I disagree with the Judge. People who work for the government draw their paychecks through taxation, which is ‘legal’ theft. I do not consent to be taxed, but am forced to pay for what other people want. Having the label of ‘the government’ applied to you should be no different than have the label of ‘the thief’ applied to you. Government is often used in the same sentence as crooks and corrupt. Thief belongs in that sentence as well.
Captain Justice, also known as Drew Justice, has been known to comment on this blog occasionally.
The progressives got kids out of the factories and farms and put them into another form of labor prison, namely government schools.
Imagine a society where parents actually took responsibility for the education of their children, rather than turning them over to the government, and ultimately their neighbors who have to pay for it.
Insane country we live in. I wish the government had shutdown the TSA.