Thursday, May 15, 2014

Goldwater page 184

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MC, you've read enough of my posts (I think) to know that I don't believe that ANY ONE THING is the ANSWER-TO-OUR-PRAYERS;  that I eryv much focus on state govt -- if not MORESO.    

MC: "My bet is soon the left loses most of the States as they,  like California go broke with broken promises all over their States."

I agree. I would like to add that liberals will also relocate to the healthier red-states, because they are prosering, and then try to impose their agenda there.  Who's to say it isn't already happening?!  Progressivism is already deep in the "red-states" as well.  They also have the destructive education programs like COMMON CORE as well. 

MC: "Elections will not fix our nations problems at this point in time as history has shown us being ruled by Progressives in both parties - only the Article V State amendment process can save the REPUBLIC"

EXCERPT:
The United States Constitution is unusually difficult to amend.  As spelled out in Article V, the Constitution can be amended in one of two ways.  First, amendment can take place by a vote of two-thirds of both the House of Representatives and the Senate followed by a ratification of three-fourths of the various state legislatures (ratification by thirty-eight states would be required to ratify an amendment today).  This first method of amendment is the only one used to date.  Second, the Constitution might be amended by a Convention called for this purpose by two-thirds of the state legislatures, if the Convention's proposed amendments are later ratified by three-fourths of the state legislatures. [*]-----------------

MY CONCLUSION:
We, as voters, still have to find, or keep in office, those w/ the resolve to DO THESE HARD THINGS!
Thus, it IS about the vote after all.  

All I had described are the types of people we NEED to fill those seats. These would be the very ones that would (One can only hope) to tranform these several  States to AV.

My post was in response to the question of the always FAILED 3p. It's just a gimmick.  At least neither you nor I just go around w/ our fists in the air, trying to talk in some kind of 18th century style, repeating words like "interventionism" and "despotism" -- which offers NO ACTUAL, and DOABLE, IDEAS and/or SOLUTIONS.  
These are extremely serious and violent times, and ranatics are everywhere trying to set up shop to try to sell their newly labeled bottle of "snake oil".  
We ARE on the same page, MC.  Our exchanges are always constructive; solution based -- and not cheerleading!  Have a Blessed Sunday.
 
*  http://law2.umkc.edu/faculty/projects/ftrials/conlaw/articlev.htm
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L522,
The problem we have in all 50 States and the to BIG  TO GOVERN FEDERAL governments is that the elected Officials do not do their job of oversight they have committees and sub committees and sub sub committees. They have no clue what the actual legislation they pass is put into effect - The Agencies are given the power to PROMULGATE rules and regulations using what the bureaucrats believe as the intent of Congress - an example would be the  EPA, my bet is that the legislators that wrote and passed the enabling act to create the agency never intended it to have or use the powers of "TAKING" land using rules they created for wet lands conservation easements, Species protection to remove PROPERTY RIGHTS without just compensation. Many time they withhold permits or final approval of projects to extract some property of the land owner. These is for all intents and purposes just plain old EXTORTION - if private citizens tried this they would be put in jail.
So, in closing - the ENTRENCHED PROFESSIONAL BUREAUCRATS run and operate the government at all levels - the elected just find ways to pay the bills - tax - spend and borrow. The majority of the elected have no clue how and why the agencies do what they do to the people every day.
That is why after 105 elections of Congress not one Congress has yet to reverse the Marbury V Madison usurped power by the Supreme court and then 97  Congresses  failed to set aside the Supreme court usurped powers found in McCulloch V Maryland. The reason IMO is because the usurped powers granted more powers to the Congress and the Federal government. SAD it is all about POWER and not FREEDOM AND LIBERTY.
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PLENARY POWER

Complete power over a particular area with no limitations. This term is often used to describe the Commerce Power of Congress. Under the Commerce Clause (Article I, Section 8, Clause 3) Congress is granted full power over interstate commerce. The Court has found that states are not able to pass laws affecting interstate commerce without the permission of Congress.
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Two simple answers - educate all so they have a marketable skill set and can be employed. Next is to make government small and limited in all power over the people and the Free Enterprise system. A person with job skills is rarely living in Poverty if governments do not regulate the industries our of existence in the US as they did with the heavy industries.
Value added manufacturing using the abundant natural resource and raw materials can be restored if we end the EPA, Endangered Species Act, and other Alphabet agencies at the Federal and State levels. Adopt the British system of Attorney and legal costs - if you sue and you lose you pay the total costs of the other party. This will stop the use of multiple law suits to delay or stop business expansions.
Capital follows profit potential and ease of entry to start-up businesses. Do nuclear power [1,000] and desalinate ocean water to irrigate the dry south and west lands. Just those two will proved cheap clean power and allow America to dominate manufacturing and food production. 100% full employment.
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Folks,
Let us be perfectly CLEAR:
The "supremacy" clause of our federal constitution applies ONLY to the express language/text within said constitution, and to valid federal laws based upon enumerated, delegated powers.
The "supremacy" clause does not now, nor has it ever, claimed universal federal supremacy over State Laws where the federal legislation lacked all connection to an enumerated power.
Additionally, for those who doubt what I have just typed, the "supremacy" clause of the federal constitution is directly affected by the 10th amendment. Lest any doubt or contention ever arise, the 10th amendment declares the finite powers delegated by the States to the federal government, and the more infinite powers reserved to the States, or reserved directly by "we the people."
All True constitutional scholars agree with the statements above. Only so called "constitutional scholars" who in fact hold the federal government "supreme" in all matters upon which it legislates [i.e. progressive scholars seeking to subvert our constitutions and federalism (i.e. separation of powers & checks and balances)] claim the false and tyrannical theory of universal federal supremacy.
Lastly, we must not confuse or unify past attempts by States to simply "nullify" federal Acts or Actions with which a State disagreed. Constitutional "Nullification" must directly and unambiguously cite the lack of federal enumerated & delegated authority AND must cite directly and unambiguously how and why lacking any enumerated & delegated authority ... the matter in question is RESERVED to the States or the People. Sadly, most so called constitutional scholars utterly misunderstand and/or misconstrue the "supremacy clause, and do the same with the "necessary and proper clause."
Lawlessness cannot ever constitute valid Law. Nor is any Federal Act or Action "lawful" when it conflicts with our constitutions, separation of powers [separated both within the federal branches and between federal and State sovereign authority], and the checks and balances of federalism.
Alan Caruba has many things correct in this Blog, but sadly is terribly incorrect in several key points, and I respectfully encourage him to study further and reconsider those errors.
The Heritage Foundation paper is correct insofar as it claims that federal Acts and Actions carried forth under authority of one or more enumerated and delegated powers may not be nullified, even by text of a State's constitution. However, where the federal government has no such enumerated and delegated authority ... the States ... AND the People ... hold the greater sovereignty, with God alone holding ALL Sovereignty and Supremacy!
I ask, humbly and respectfully, for those disagreeing with my comments to be clear and precise in expressing your disagreement and the how and why of that disagreement. I welcome scholarly, civil, discussion.
Chas,
If what I understand you to be saying to be true then how does the government get to create things like the NASA, FCC, FBI, FDA, DEA, SEC. None of these were mentioned in the Constitution. We waste billion on sending people into space for no useful purpose.
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Brain's Circadian Clock Disrupted in Depressed People

Major or clinical depression seems to alter the genes that regulate sleep and waking

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Man sits on stairwell looking depressed

Image: Ron Sumners

Disrupted sleep is so commonly a symptom of depression that some of the first things doctors look for in diagnosing depression are insomnia and excessive sleeping. Now, however, scientists have observed for the first time a dysfunctional body clock in the brains of people with depression.

People with major depression, also known as clinical depression, show disrupted circadian rhythms across brain regions, according to a new study published today (May 13) in the journal Proceedings of the National Academy of Sciences. Researchers looked at post-mortem brain samples from mentally healthy donors and compared them with those of people who had major depression at the time of their death.
They found that gene activity in the brains of depressed people failed to follow healthy 24-hour cycles.
"They seem to have the sleep cycle both shifted and disrupted," said study researcher Jun Li, a professor of human genetics at the University of Michigan. [5 Things You Must Know About Sleep]
The clockwork body
Everyone is born with a genome that acts as a blueprint for building the proteins that make up the body. But genes aren't stable protein-building machines. Instead, they vary in their activity levels, expressing themselves more or less depending on the situation. One factor that influences gene expression is the daily light cycle.
In particular, cells in a region deep in the brain called the hypothalamus act as pacemakers, setting the body clock and keeping cells in the rest of the body on an approximately 24-hour cycle. The pacemaker cells explain why jet lag is such a pain: It takes time for this body clock to readjust in a new time zone.
To better understand how gene expression varies in depressed people, Li and his colleagues looked at the brains of 35 patients with major depression, and 55 mentally healthy people, all of whom had died at various points around the clock. The donated brains contained the fingerprint of gene expression at each time of death. Researchers examined this gene expression in six major brain regions: The dorsolateral prefrontal cortex, the amygdala, the cerebellum, the anterior cingulated cortex, the nucleus accumbens and the hippocampus.
Cycle disrupted
In healthy people, a cycle clearly appeared. Those who had died around the same time of day showed similar patterns of gene expression across the brain.
"Some genes go high, low and high across the day," Li told LiveScience. "Others would be low, high and low."
The patterns were so clear that the researchers could look at the gene expression in a brain and use the information to pinpoint time of death — but only in healthy brains. The depressed brains didn't follow the healthy patterns.
For example, in healthy people, of the 16 genes that showed the clearest patterns of cycling, 11 genes cycled around the clock in four or more brain regions. By contrast, in people with major depression, only two of these genes showed clear cycling pattern in more than one region, and none cycled in more than three regions.
This lack of evidence of cellular cycling in depressed brains could have indicated that the depressed people's circadian rhythms were simply flattened out, Li said. Or, the lack of pattern could reveal a shift in the daily cycle such that the patterns weren't detectable in the depressed brains.

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May 14, 2013, 11:52am MDT UPDATED: May 14, 2013, 3:01pm MDT

Conservative group accuses EPA of playing favorites on FOIA fees

 The EPA rejected 14 out of 15 requests for Freedom of Information Act fee waivers from the conservative Competitive Enterprise Institute.
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The EPA rejected 14 out of 15 requests for Freedom of Information Act fee waivers from the conservative Competitive Enterprise Institute.
Kent Hoover
Washington Bureau Chief
Email  | Twitter  | Google
Here’s a potential mini-scandal to add to the list of President Barack Obama’sproblems this week: The Environmental Protection Agency often refuses to waive fees for Freedom of Information Act requests from conservative groups, while almost always waiving them for environmental groups.
That’s according to an analysis of a year’s worth of FOIA requests by the Competitive Enterprise Institute, a nonprofit Washington, D.C.-based public policy group that advocates limited government, free enterprise and individual liberty. The waivers are significant since FOIA fees can run into the thousands of dollars – enough money to discourage groups from going forward with their requests for emails and other government documents. Federal agencies usually waive fees on FOIA requests by the media or public-interest groups.
CEI found that the EPA waived fees on 75 out of 82 FOIA requests made by environmental groups such as the Natural Resources Defense Council and Greenpeace. But it denied fee waivers on 14 of CEI’s 15 FOIA requests. Other conservative groups also were often denied fee waivers, according to CEI.
“EPA’s practice is to take care of their friends and impose ridiculous obstacles to deny problematic parties’ request for information,” said Christopher Horner, a senior fellow at CEI.
“This is as clear an example of disparate treatment as the IRS hurdles selectively imposed upon groups with names ominously reflecting an interest in, say, a less intrusive or biased federal government,” he said.
I asked EPA about CEI's allegations, and here's the agency's response: "EPA makes waiver determinations based on legal requirements that are consistently applied to all fee waiver requests, not on the identity of the reporter."
Next Article: Twice the picking
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This project is now more important than anytime in the history of our Republic – we have a USURPED FEDERAL GOVERNMENT THAT IS TO BIG TO GOVERN – the thousand and thousand of agencies act on their own without direct supervision so they become very political as is evidenced by the actions of the IRS, the EPA, the Attorney General, the State department.

Agencies are used to delay and destroy or damage the enemy – it is all about intimidation by force of usurped powers . . We the people must now deconstruct the Federal government by returning powers to the States while forcing the Courts back under the actual LIMITS of Article III which in effect will cancel all Federal Case law precedent and eliminate the concept of Stare decsis . . there is no language that allows the Federal courts or government to use the British Common Law system. It is just flat out not in the Constitution.

Do this project and restore Liberty.

http://articlevprojecttorestoreliberty.com/article-v—group-overview-and-proposal.html
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Could Obama's next move be to re-institute the President Adams ALIEN AND SEDATION ACT - which would allow him to punish any that speak against his Administration . . . 
Opposition to Federalists among Democratic-Republicans reached new heights at this time since the Democratic-Republicans had supported France. Some appeared to desire an event similar to the French Revolution to come to the United States to overthrow the government.[1] When Democratic-Republicans in some states refused to enforce federal laws, such as the Whiskey tax, and threatened to rebel, Federalists threatened to send the army to force them to capitulate.[2] As the unrest sweeping Europe was bleeding over into the United States, calls for secession reached unparalleled heights, and the fledgling nation seemed ready to rip itself apart.[2] Some of this was seen by Federalists as having been caused by French and French-sympathizing immigrants.[2] The acts were thus meant to guard against this perceived threat of anarchy.
Democratic-Republicans denounced them, though they did use them after the 1800 election against Federalists.[3] They became a major political issue in the elections of 1798 and 1800. They were very controversial in their own day, as they remain to the present day. Opposition to them resulted in the highly controversial Virginia and Kentucky Resolutions, authored by James Madison and Thomas Jefferson.
Twenty-five people were arrested, eleven were tried, and ten were convicted.
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resource for all web stuff and movies, books, good site.

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