Wednesday, May 7, 2014

Goldwater page 154

 Reply by Mangus Colorado, Moderator on November 19, 2012 at 2:51pm
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I just read a piece on the Tenth amendment site about the use of Marijuana might be spear that ends the super strong central government - 18 States have nullified the Federal government ban using the USURPED power of the Commerce Clause - Many believe that the SCOTUS will find the Federal intervention a usurping and unconstitutional as such. 
Interesting that the 60 s Weed might save the Republic - ironic huh?
Permalink Reply by Mangus Colorado, Moderator on November 20, 2012 at 11:28am
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"If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen." Samuel Adams, (1722-1803)
Permalink Reply by Mangus Colorado, Moderator on November 20, 2012 at 2:17pm
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Permalink Reply by Mangus Colorado, Moderator on November 23, 2012 at 10:59am
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Permalink Reply by Mangus Colorado, Moderator on November 23, 2012 at 11:53am
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Permalink Reply by Mangus Colorado, Moderator on November 24, 2012 at 9:39am
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Permalink Reply by Mangus Colorado, Moderator on November 22, 2012 at 2:59pm
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sent you a friend offer so I can answer your last post - yes I have tons of info on Article V will send you some new post here if I can?
Let us review our what we really want = Freedom and Liberty to make out own laws in our own Republic [State]. Well we all have that today read the Constitution - the compact promises that each State shall be a separate Sovereign REPUBLIC with all powers and rights not specifically loaned to the Federal Government. While these States retained all powers not included in the Articles of the Constitution and the 10th amendment so states.
So, at issue is not rather the Founders - Framers - Ratifiers intended the States to have MOST of the powers and for the Federals to have little power over the many States for it is quite clear that the States were to have the powers to protect the citizens from a tyrannical oppressive Federal government if necessary. Thus the States were given nullification powers to just say no to any Federal usurpation. Well the Courts got involved in two cases that become the basis of loss of freedom and liberties for the states and the people.
Marbury V. Madison in which the Supreme gave itself without legislative approval of Constitutional authorization the powers of Judicial Review or the nine became the final arbiter in all legal matters. Next after this usurpation the Court again in the McCullough V Maryland case the court found new law again and gave extra unstated powers to clauses in Article I section 8  - this expanding the ability of the Federal government to usurp power and oppress the States.
Now comes civil war and then the 14th amendment which the Courts use to further oppress states rights and powers by placing them under the Bill of Rights - which the Founders - Framers - Ratifiers clearly did not intend or they would have so stated in the Articles and the Bill of Rights. This reach through has been used by the Courts to order States to change school admission standards, voting district makeup, school subjects, health treatment for the poor, welfare distribution, land use matters, property rights issues [EPA, Endangered Species Act] and the list goes on. Read Article III which is the limit on the Courts powers and then find language where they are authorized to do any of the things they do?
Now we go to taxes, in 1913 the income tax bill was passed after the SC found many attempts unconstitutional because Article I Section 9 makes them tax per enumeration [head count equal to all] - now the Federal government had the power to tax income without enumeration so they could now apply a tax percentage to earnings. However, Congress then decided to create a PROGRESSIVE INCOME TAX where as the individual earned more money the government would "TAKE" a increasing percentage up to the new laws limits. This PROGRESSIVE TAX is not authorized anywhere that I can find so it is then a possible violation of the 5th amendment "TAKING" clause where if the government takes property [money, business, land, buildings, income, items of value] even for the benefit of all then the owner of that property must receive JUST COMPENSATION. no REDISTRIBUTION IS ALLOWED. Here is what Madison said about this question -
I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents. – Annals of Congress (1794-01-10) James Madison
I am short on time but shall return to discuss the 17th amendment and then I will present the conclusions I have found and what can be done to repare the usurped powers damage to the States.
I will now address the 17th amendment issue when I get a little more time. send address and I will send you more info.
Permalink Reply by Mangus Colorado, Moderator on November 22, 2012 at 3:08pm
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UP DATED LIST
(360 B.C.) The Republic - Plato
(46 B.C.) Cicero's Brutus - Cicero

(1517) Discourses on Livy - Machiavelli
(1553) The Discourse of Voluntary Servitude - Étienne de La Boétie
(1690) Two Treatises of Government - John Locke

(1698) Discourses Concerning Government - Algernon Sydney
Sidney's Discourses and Locke's Second Treatise were recommended by Jefferson and Madison as containing the "general principles of liberty and the rights of man, in nature and society"
(1748) The Spirit of Laws  - Montesquieu

(1755) Old Family Letters - John Adams
(1758) The Law of Nations- Vattel

             The Writings of John Adams V3-4
             The Writings of John Adams V5-7
             The Writings of John Adams V8-10

(1774) Novanglus - John Adams
Principle Controversy between Great Britain and Her Colonies
(1776) Common Sense- Thomas Paine
One Incident which gave a stimulus to the pamphlet Common Sense was, that it happened to appear on the very day that the King of England's speech reached the United States, in which the Americans were denounced as rebels and traitors, and in which speech it was asserted to be the right of the legislature of England to bind the Colonies in all cases whatsoever.
(1776-1783) The Crisis- Thomas Paine
(1787) The Anti-Federalist(audio)
(1787) The Federalist (text) The Federalist (audio)

Madison's proposed Amendments to the Constitution
(1791-92) The Rights of Man- Thomas Paine
(1792) A Letter Addressed to the Abbe Raynal - Thomas Paine

As far as I know this is the first legal treatise written on the Constitution. Wilson was a member of the Continental Congress, signer of the Declaration, delegate to the Constitutional Convention, signer of the Constitution and a Supreme Court Justice. T. McKean was a member of the Stamp-Act Congress, Continental Congress, signer of the Declaration and the only signer of the Declaration to be the chief executive of two States and a concurrent office-holder in two States. (Both of these men's accomplishments are only touched upon in brief)
(1794-95) Age of Reason Pt. I, II and III - Thomas Paine                 


 (1805) The Dangers of American Liberty- Fisher Ames
 (1812) The Works of Adam Smith
(1820) The Republican Part I & II Part III - Wiliam Jarvis
“I thank you, Sir, for the copy of your Republican which you have been so kind as to send me… looking over it cursorily I see much in it to approve, and shall be glad if it shall lead our youth to the practice of thinking on such subjects and for themselves…”   Thomas Jefferson, September 28, 1820

A treatise on what form of Federalism was constituted by the Framers
(1829) The annals of America - Abiel Holmes
(1830) The Letters of Algernon Sydney, In Defense of Civil Liberty - Judge Spencer Roane's letters to the Richmond Enquirer, 1818-19
* [see 1868 - A Brief Inquiry....]

(1835) Democracy in America - Volume I - De Tocqueville
Designed as a First Book for Students
John Quincy Adams
(1840) Democracy in America - Volume II - De Tocqueville
(1850) The Law- Frederick Bastiat
Designed for the Instruction of Youth
(1862) Considerations on Representative Government - John Stuart Mill
A critical review of Judge Story's Commentaries on the Constitution of the United States.
DESIGNED
For the Use of Schools
For the Instruction of Foreigners seeking Naturalization
For the Use of Voters
(1875) History of the United States of America: - George Bancroft
History of the United States, from the Discovery of the American Continent
covers America in depth up to 1789.
(1885) Popular Government Sir Henry Sumner Maine
The Old South Lectures for Young People were instituted in the summer of 1883, as a means of promoting a more serious and intelligent attention to historical studies, especially studies in American history, among the young people of Boston.
(1890) The Unwritten Constitution of the United States - Christopher Tiedeman
(1890) Life of the Hon. Thomas McKean - Roberdeau Buchanan
(published 1891) A Fragment on Government - Jeremy Bentham (first published in 1776)
(1894) Sources of the Constitution - C. Ellis Stevens

(1905) The John P. Branch historical papers of Randolph-Macon College - Collected works of Judge S. Roane
(1963) Burke, Paine, and the Rights of Man - R.R. Fennessy
Permalink Reply by Mangus Colorado, Moderator on November 22, 2012 at 5:53pm
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"Live your life that the fear of death can never enter your heart.Trouble no one about his religion.Respect others in their views and demand that they respect yours.Love your life, perfect your life, beautify all things in your life.Seek to make your life long and of service to your people.Prepare a noble death song for the day when you go over the great divide.Always give a word or sign of salute when meeting or passing a friend,or even a stranger, if in a lonely place.Show respect to all people, but grovel to none.When you rise in the morning, give thanks for the light,for your life, for your strength.Give thanks for your food and for the joy of living.If you see no reason to give thanks, the fault lies in yourself.Abuse no one and no thing, for abuse turns the wise ones to foolsand robs the spirit of its vision.When your time comes to die,be not like those whose hearts are filled with fear of death,so that when their time comes they weep and pray for a little more timeto live their lives over again in a different way.Sing your death song, and die like a hero going home."-- Tecumseh
Permalink Reply by Mangus Colorado, Moderator on November 24, 2012 at 8:13pm
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A spy, like a writer, lives outside the mainstream population. He steals his experience through bribes and reconstructs it. 
John Le Carre 
Permalink Reply by Mangus Colorado, Moderator on November 25, 2012 at 8:25am
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IF.....by Rudyard Kipling
IF you can keep your head when all about you
Are losing theirs and blaming it on you,
If you can trust yourself when all men doubt you,
But make allowance for their doubting too;
If you can wait and not be tired by waiting,
Or being lied about, don't deal in lies,
Or being hated, don't give way to hating,
And yet don't look too good, nor talk too wise:
If you can dream - and not make dreams your master;
If you can think - and not make thoughts your aim;
If you can meet with Triumph and Disaster
And treat those two impostors just the same;
If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build 'em up with worn-out tools:
If you can make one heap of all your winnings
And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
And never breathe a word about your loss;
If you can force your heart and nerve and sinew
To serve your turn long after they are gone,
And so hold on when there is nothing in you
Except the Will which says to them: 'Hold on!'
If you can talk with crowds and keep your virtue,
' Or walk with Kings - nor lose the common touch,
if neither foes nor loving friends can hurt you,
If all men count with you, but none too much;
If you can fill the unforgiving minute
With sixty seconds' worth of distance run,
Yours is the Earth and everything that's in it,
And - which is more - you'll be a Man, my son!
Permalink Reply by Mangus Colorado, Moderator on November 24, 2012 at 2:24pm
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Biggest government BK case where it could take down the 3.7 Trillion muni bond biz.
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