The power of III

Summum ius summa iniuria--More law, less justice

23 April 2011

More tyrannical use of Executive Order

Every circumvention of checks and balances is another example of the wielding of tyrannical power, even if it seems like a good idea at the time.  A power assumed by the Executive that is not enumerated in the constitution is a power lost by the people, and by the States. It is a precedent set, and not the last time such power will be used.  
The Executive Order:  Precedents set, traditions and liberties destroyed at the stroke of a pen.

Pres. Obama wanted a campaign finance bill that would take the teeth out of the Citizens United ruling before the 2010 election. Congressional Democrats wrote such a bill, and then watched it slip into a coma. But that wasn’t the end of it. According to a leaked White House memo, Obama plans to create new campaign finance rules via fiat by signing an executive order.
As the Washington Examiner reported yesterday, the EO “would require all companies that sign contracts with the federal government to report on the personal political activities of their officers and directors.”
And by “political activities,” Obama means: “all contributions or expenditures to or on behalf of federal candidates, parties or party committees made by the bidding entity, its directors or officers, or any affiliates within its control; and any contributions made to third party entities with the intention or reasonable expectation that parties would use those contributions to make independent expenditures or electioneering communications.”
All of that information must be disclosed, according to the leaked executive order, so that the government can “ensure that its contracting decisions are merit-based in order to deliver the best value for the taxpayer.” While that may sound like the order is intended to expose sweetheart deals, it’ll also make it that much easier for federal agencies to deny contracts to firms that donated big bucks to Republican candidates.
The pro-DISCLOSE Act Sunlight Foundation, which posted a leaked copy of the order, suggests that “if the White House is going to pursue remedies through an Executive Order, though, the public should be included…[and] some public scrutiny and discussion of any CU EO should precede its issuance.”

Article printed in full from The Daily Caller

Lincolns war against the South has led to the enslavement of every American

"...To bind future generations to a contract to which they themselves did not agree or sign is itself a form of enslavement, just as the politicians in Washington currently continue to enslave future generations with debt.

What Lincoln’s war to compel people into association involuntarily did was literally to reverse the American Revolution. In the Revolution, people fought to free themselves from the tyranny and enslavements of King George III and his British dictatorial regime. The Revolutionaries fought for their independence.

In contrast, Lincoln’s war effected in compelling the people of the Southern States back into centralized control over them by federal bureaucrats, and further empowered the centralized authority in Washington. Lincoln’s war had nothing to do with "freeing slaves."

The flag of the last free Americans

21 April 2011

Fewer posts this week

I am away with the wife and kids for Easter week.  I will try to post here and there, but not as regularly as usual.

Here is a Smokey Mountain cottontail for Easter:

Have a blessed week, y'all. :-)

Austrian economic principles lauded in Canada's Financial Post

The Financial Post is Canada's equivalent to the Wall Street Journal, so this editorial has weight in the non-Wingnut community (emphasis added):

"...Free markets are based on risk and will always be prone to particular failure. Only government attempts to prevent or compensate for particular failure can threaten the systemic variety.
Post-crisis stimulus stimulated little but insupportable government debt — and now inflation. It was joined by a downward manipulation of interest rates that has promoted what Austrian economists called “mal-investment,” plus asset inflation.
The astonishing aspect of all this — as pointed out numerous times in this space — is that spend-yourself-rich Keynesianism had already been comprehensively refuted in theory and had spectacularly failed in practice by the late 1970s.
The good news is that fettered capitalism has made the world a good deal richer since then, and thus arguably more able to withstand policy incompetence. The bad news that the tax-and-spend interventionist state has grown in parasitical lockstep, if not even faster, thus both hobbling progress and mortgaging people’s future via increasingly unsustainable health and welfare commitments. Few would dare to question the validity of a welfare state; but few could deny that it consistently threatens to grow out of control.
The Obama administration’s solution is more of the same..."

Please read the whole article here.

18 April 2011

University of Texas buys nearly $1 billion in gold, takes delivery for storage

In other words, not just a paper contract or ETF.  They want to posess the physical metal to prevent loss based on failure to deliver on a paper contract.  Apparently they fear a looming shortage of the physical metal when more investors try to convert from devaluing US paper dollars.

UofT is second to Harvard in endowment;  they are converting 5% of their net assets to gold.

Their money advisor sounds like he follows Austrian school principles:

Printing Money

“If you own a paper contract where they can only deliver you 10 cents on the dollar or less, you should probably convert it to physical,” said Bass, who isn’t related to Fort Worth’s billionaire Bass family. He said holding cash wasn’t a better choice because the rate of inflation exceeds money-market rates by 2.5 percent to 3 percent, eroding the value of cash.

“Central banks are printing more money than they ever have, so what’s the value of money in terms of purchases of goods and services,” Bass said April 15 in a telephone interview. “I look at gold as just another currency that they can’t print any more of.”

(Emphasis added)

Bloomberg article here, via Drudge

Stewart Rhodes, Oathkeepers founder, joins Nullify Now! tour

Addressing the Tenth Amendment Center:

by Stewart Rhodes, Oath Keepers

Tenthers, it is an honor to be part of the Tenth Amendment Center’s Nullify Now! Tour. The mission of Oath Keepers ( fits hand in glove with your mission. We urge active duty military and police to remember that their oath is to the Constitution, not to whoever happens to be “the decider” in the White House (of whatever party). And that oath to defend the Constitution requires that they defend the separation of powers between the federal government and the states, and defend the powers reserved to the states and to the people, as the Tenth Amendment makes clear. It is no accident that within our Declaration of Orders We Will Not Obey ( we vow to refuse orders to enter into a state with force, for any reason, unless, and until, invited in by that state’s legislature, or by the governor if the legislature cannot be convened, as required by Article IV, Section IV of the Constitution (known as the “Republican Government” clause). Nor will we obey orders to subjugate a state that asserts its sovereignty and nullifies unconstitutional federal laws, or orders to impose “martial law” on the American people (a power nowhere granted, or even mentioned, in our Constitution). We are proud to call ourselves Jeffersonians, and we have pledged our lives, our fortunes, and our sacred honor in defense of the timeless principles of liberty enshrined in our Unanimous Declaration of Independence. We are honored to work with all of you in any way we can in the fight for liberty.

Continue with the article.

17 April 2011

I teach 7th graders in Connecticut the Confederate perspective: Planting seeds before they're brainwashed!

I spoke today for an hour to a 7th grade history class in Connecticut.  

Its not often that Yankee kids get to hear things from a Southern perspective.  Brought in Confederate paper money, talked about my three and four great grandfathers who fought in North Carolina Regiments, the causes of the war, generally as outlined (didn't get through everything, but I did cover a fair amount).

Great reaction from the kids, cool teacher to invite me...The teacher kept the notes and several of my relevant blogposts that I had printed out.

Remember, these are notes, not an essay, but has some nice stuff to help anyone prepare a similar talk.

I didn't shy away from slavery, and discussed it as a proximate cause, but the essentials I covered are the same as President Davis describes in his opus "The Rise and Fall of the Confederate Government".

For the first time, the kids learned there were really good reasons that the Southern people fought so hard and for so long...for their freedom to determine their own fate, not be ruled from afar -- just like their grandfathers and great grandfathers during the Revolutionary War.
Freedom to choose how their state might grow, develop and prosper.
Freedom to rule themselves locally, not from Washington, DC. 



Introduction to the Civil War—a polemic

6 great great great grandfathers that fought for Confederacy in North Carolina infantry units

Civil war definition:  A war between political factions or regions within the same country.

Names for the Civil War:

The War for Constitutional Liberty
The War for Southern Independence
The Second American Revolution
The War for States' Rights
Mr. Lincoln's War
The Southern Rebellion
The War for Southern Rights
The War of the Southern Planters
The War of the Rebellion
The Second War for Independence
The War to Suppress Yankee Arrogance
The Brothers' War
The War of Secession
The Great Rebellion
The War for Nationality
The War for Southern Nationality
The War Against Slavery
The Civil War Between the States
The War of the Sixties
The War Against Northern Aggression
The Yankee Invasion
The War for Separation
The War for Abolition
The War for the Union
The Confederate War
The War of the Southrons
The War for Southern Freedom
The War of the North and South
The Lost Cause

Founding:  breaking bonds with government of England (secession)
Secession:  1530s, from L. secessionem (nom. secessio), from pp. stem of secedere "secede," from se- "apart" (see secret) + cedere "to go" (see cede). Originally in a Roman historical context, "temporary migration of plebeians from the city to compel patricians to address their grievances;" modern use in reference to religious or political unions dates from 1650s.

Declaration of Independence1776: 

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

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

Treaty of Paris ends Revolution (1783) King names all colonies as independent states.  Preferred language of the Americans: all states named individually in treaty.
Not referred to as a nation of “the United States” until after the Civil War.  Was called “these United States”

-North vs. South

-“Nation” vs. “Confederation”

-Hamilton vs. Jefferson

-1830’s founders were all dead: National theory (Storey) vs. Compact theory (Upshur), became two competing ideas of how United States was created

-Central government vs. decentralized government:
Sovereignty of the political elite and monied interests in a remote location (Washington) vs sovereign people (local)

-voluntary union vs. involuntary (forced) union

Constitutional Convention 1787 – 1788  discussed nature of the new government,
Madison “author” of Constitution: his explanations of understood language carry the most weight on Original Intent of the Constitution
“federalists” vs. antifederalists
“Confederation” is a union of independent sovereign states
State = Nation (state of Israel, Norway, etc)

Ratification of the Constitution: popular (the sovereign people) election of State representatives to special state convention just for voting on ratification, join or not join new confederation of states
VOLUNTARY Union of independent states

Article VII of the Constitution
“The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”
(Secession from Articles of Confederation government)

Dates of Ratification
(sovereign Rhode Island and North Carolina)
letter to President George Washington from Governor of Rhode Island 1790, language of independent and sovereign country/nation/state)

Compromise on slavery to get Constitution ratified 3/5 clause (South more sparsely populated, to get more representatives in House of Representatives to balance power between Northern and Southern, “free” and “slave” states.

Virginia and Kentucky Resolutions: if Federal government, supposed to be limited to specific limited powers under Article I Section 8 exceeds authority, States are duty bound to interpose their law, with force if necessary, to protect its citizens from Unconstitutional laws from Washington.

1812 New England has Hartford Convention to discuss secession because of President Jefferson and Pres. Madison embargo, damaging economy of NE States

Extension of lands to West, new States admitted to Union, free or slave?

Tariff crisis in 1830’s:  South threatens to Nullify federal laws as unfair taxation on South, Pres. Jackson considers military action as the situation reaches high point before compromise solution.

Fugitive Slave law, federal law, 1850, supported by Dred Scott supreme court case to return escaped slave (property of slave owner) was officially nullified by Wisconsin, debated and not enforcing law as unconstitutional

Nullification of Fugitive Slave law by north one of the grievances cited by southern states in explanation of reasons for secession

“Slavery” was a proximate cause.  War not caused by fight over the morality of slavery (background issue). 

Lincoln election leads to secession of Southern States in 1860-1861.
Electoral map shows fractured country
Lincoln had only 39.6 % of the popular vote of the entire country.  Electoral college:
Lincoln carries 0 southern states

Just as constitution made, with people electing representatives to State convention to discuss breaking compact with the Union, all agreements with Federal government become null and void, including ceding of land to Federal government
(text of secession documents)

dates of secession—not all at once, strong Union sentiment in all States, especially in border states (secession map)

Fort Sumter:  April 12, 1861
Federal fort, US Army, in middle of Charleston SC harbor.  Bulk of trade and income of SC goes right past fort.  Land SC ceded to federal government in 1812 for defense in war.  No one killed in bombardment.

The war was fought over the right to secede

April 15, 1861 Lincoln issues proclamation asking for 75000 men to put down "rebellion"

Border states of Virginia, NC, Tennesee secede, later large portions of Kentucky and Missouri

Rebellion: making war against lawful government
(Confederate States no longer in United States, US no longer the lawful government

Treason: individual working to undermine or bring down lawful government

(Article 3, Section 3, US Constitution:  “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. 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.

The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.”)

Constitutional withdrawl of Southern States, no call for end to US government or war, wishes for peaceful coexistence trade for mutual benefit, inaugural address of President Jefferson Davis

“All we wish is to be left alone”—Jefferson Davis

Civil war definition:   A war between political factions or regions within the same country.
(Constitutional Union voluntary, voluntary disunion, no longer same country)

Result: Southern states brought back into the United States against their will, at the point of a gun:

“The principle, on which the war was waged by the North, was simply this: That men may rightfully be compelled to submit to, and support, a government that they do not want; and that resistance, on their part, makes them traitors and criminals.  No principle, that is possible to be named, can be more self-evidently false than this; or more self-evidently fatal to all political freedom. Yet it triumphed in the field, and is now assumed to be established. If it really be established, the number of slaves, instead of having been diminished by the war, has been greatly increased; for a man, thus subjected to a government that he does not want, is a slave. And there is no difference, in principle --- but only in degree --- between political and chattel slavery. The former, no less than the latter, denies a man's ownership of himself and the products of his labor; and asserts that other men may own him, and dispose of him and his property, for their uses, and at their pleasure.”

     Lysander Spooner (Nineteenth-Century lawyer, abolitionist, entrepreneur)

1788: These United States (plural)
1865: Birth of a new Nation (not federation): THE United States of America

Quote of the Day 4/17 -- Prescience of the Confederate Leaders

If centralism is ultimately to prevail; if our entire system of free Institutions as established by our common ancestors is to be subverted, and an Empire is to be established in their stead; if that is to be the last scene of the great tragic drama now being enacted: then, be assured, that we of the South will be acquitted, not only in our own consciences, but in the judgment of mankind, of all responsibility for so terrible a catastrophe, and from all guilt of so great a crime against humanity. 

--Alexander Stephens, Vice President of the Confederate States of America

Travelling today with kids: My message to the TSA

I wont make a big deal if we go through old metal detectors, but I will have to make a last minute judgement about making a stink to go through porno-scanners or agreeing to have my wife, 4 year old or 9 year old daughters going through a pat-down.  I am ready to make a stink about it, but I would hate to miss a trip.  I really need to get away for the holiday after all of the post accident stress I have gone through.

This is the text of the two pages of printed material I am putting on top of our clothes in each suitcase:




Ninth Amendment

The enumeration in the Constitution,
Of certain rights,
Shall not be construed to deny or
Disparage others retained by the People…


Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.