“If
the government can do this, what, what else can it not do?”
I sometimes feel like the
waif in “The Emperor’s New Cloths”
AM I THE ONLY ONE THAT CAN SEE
IT??
“A country in which nobody is ever really
responsible is
Tuesday, April 03, 2012, 7:16:14 AM
““If the government
can do this, what, what else can it not do?” asked Supreme Court Justice
Antonin Scalia this week in arguments on the constitutionality of the
requirement that nearly all Americans buy health care insurance or face a
penalty.”[4]
To that question I say quite frankly say there is nothing that the majority
cannot do that is not strictly prohibited by the Constitution of the United States . Yes there are enumerated powers and per the X
Amendment: 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 People have spoken here, albeit through
their representatives in congress and the presidency. We the People want the Patient
Protection and Affordable Care Act (PPACA).
I do not care what FOX news and the conservative press says!!!! There is no such thing as a sovereign,
separated from the will of the people, in our system of government.
“We the People
surrender nothing. The people, as recognized in the X Amendment, surrender nothing; and as they retain every thing they have no need of
particular reservations. WE, THE PEOPLE
of the United States, to secure the blessings of liberty to ourselves and our
posterity, do ordain and establish this Constitution for the United States of
America."[5]
The government of the United States of America
is YES, a limited government. The
government is limited by the constitution, the bill of rights, the amendments, the
XII, XIV and XV amendments to name but a few and the will of We the People!!! Commerce is somewhat of a declared
EXCEPTION. Commerce is constitutionally
delegated to be regulated by the federal government and We the People.
The federal government has the
delegated power to “To regulate Commerce
with foreign Nations, and among the
several States, and with the Indian Tribes” i.e., “To
regulate Commerce… among
the several States.” The only limitation on that regulation is “To
make all Laws which shall be necessary and proper for carrying into Execution
the foregoing Powers, and all
other Powers vested by this Constitution in the Government of the United
States, or in any Department or Officer thereof” i.e., “To
make all Laws which shall be necessary and proper for carrying into Execution
the foregoing Powers.” Therefore
the federal government has the power “To make all Laws which shall be necessary
and proper” “To regulate Commerce among the several
States.”
Now if the federal government can regulate food, trucking, air travel,
broadcast communications, the stock market, the consumption and production
of wheat, and EVEN broccoli if necessary, and hundreds of other
miscellaneous markets i.e., “To regulate Commerce… among the several States”
why should there be any issue with regulating the healthcare insurance
market? We force people to buy car
insurance. The issue is made that no one is FOCRED to buy and THEN insure their
car. They are free not to buy a
car. That is true. But we regulate food production via crop
subsidies and penalties and everyone must buy food, just as surly EVERYONE HAS , in terms of modern developments, or will USE
the HEALTHCARE SYSTEM to prolong life via preventative and / or end of life
care. Right now we regulate wheat, as
the most basic of the food commodities, but eventually I could see a possible
potential need to in fact regulate BROCCOLI too!!!!
The Constitution of the United Sates of America contains 7 Articles, 27
Amendments; The Constitution of India[6] contains
395 articles and 116 Amendments. If
there is a better document, the American Constitution is clearly the better, in
that it says less and leaves more open for future generations to decide. To even assert that in 1788 the founding
fathers could have or should have envisioned a HEALTH CARE CRISIS is without
credibility. They couldn’t and more
succinctly they SHOULDN”T have even tried.
Now there are those among the conservative base that assert the Patient
Protection and Affordable Care Act (PPACA) is socialism and the American way
opposes socialism. The American way opposes
the TOTALITARIANISM of communism not the social sensitivity of
socialism. That is just plain
WRONG!!!! The founding fathers asserted
socialism when they said:
“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.”
with the Declaration of Independence , July of 1776. The assertion all men are created equal is at
the heart of socialism.
Abraham Lincoln enacted socialism as economic policy when he freed the
slaves and paid for the Civil War with socially directed economic policy, the Greenback (1861).
The Progressive
Era in the United States
of America held off the totalitarianism of communism
with democratically socially directed economic policy. Progressives tried to eliminate the
anti-social corruption by exposing and undercutting political machines and
bosses. At the same time, women's
suffrage was promoted to bring a female vote into the socialist arena. A second
theme was achieving efficiency in every sector by identifying old ways that
needed socializing modernization, and emphasizing scientific, medical and
engineering solutions.
Progressives transformed, professionalized and made
"scientific" the social sciences, especially history, economics, and
political science. In academic fields the day of the amateur author gave way to
the research professor who published in the new scholarly journals and presses.
The national political leaders included Theodore “trust busting” Roosevelt,
Robert M. La Follette, Sr., Charles Evans Hughes and Herbert Hoover on the Republican side, and William
Jennings Bryan, Woodrow Wilson and Al Smith on the Democratic side.
The Progressive policies led way to Franklin Delano Roosevelt’s socially
directed economic policy, the New
Deal. The New Deal printed money via
democratic socially directed economic policy to lead us out of the depression
era and fight the Germans in World War II.
We have not lived in a Laissez-faire economy devoid of socialism i.e., socially
directed economic policy since at least 1861 and the CIVIL WAR!!!! I would assert that the Declaration of
Independence that disenfranchised the King and his Nobility of their economic
and political holdings in the United
States of America was SOCIALISM in its
finest form.
The sovereign, We
the People, in our form of government has spoken and per prior
agreement “To regulate Commerce… among
the several States,” We
the People as sovereign in our form of government can “regulate
Commerce… among
the several States” and if that takes the form of a individual
mandate to buy health insurance or BROCCOLI regulation, so be it.
Our Judiciary in the person of the Supreme Court of the United States
is the MOST CORRUPT institution in the world.
The Supreme Court of the United States
has repeatedly corruptly and criminally awarded itself and others immunity from
the “rights, privileges, or immunities secured by the Constitution and laws
of the United States of America ?”[7] Our
Supreme Court of the United States
has forgotten and corrupt its purpose “The judicial Power shall extend to all Cases, in Law and Equity,
arising under this Constitution, the Laws of the United States , and Treaties made”
The Supreme Court
by granting absolute immunity to itself and others has negated the Constitution
that asserts “This Constitution,
and the Laws of the United States which shall be made in Pursuance thereof; and
all Treaties made, or which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land; and the Judges in every
State shall be bound thereby”
Absolute immunity
was never even a conceived possibility to the Founding Fathers. They asserted “The Judges, both of the supreme and inferior Courts, shall hold their
Offices during good Behaviour” and TWO constitutional prohibitions for the grant of Nobility to wit, “absolute
immunity,” Article 1, Section 9, 7th paragraph
"No Title of Nobility shall be granted by the United States"
and Article 1, Section 10, 1st paragraph "No State shall… grant any
Title of Nobility."
How can the Supreme
Court, a delegated authority, acting under a constitutional commission award
themselves and others “absolute immunity”[8] from said constitutional commission to “do not only what their
powers do not authorize, but what they forbid”[9] i.e.,
the “deprivation of any rights, privileges, or immunities
secured by the Constitution and laws of the United States of America ?”[10] by DENYING the
constitutional assurance of governmental accountability with 1st and
7th Amendment Justice, law and equity?[11]
We the People have fallen under the despotic[12] spell
of the concentrated power[13]
in the Supreme Court that created ABSOLUTE POWER from ABSOLUTE
IMMUNITY for the “malicious or corrupt” judges,[14] the “malicious or
dishonest” prosecutor, [15]
the “knowingly
false testimony by police officers"[16]
and “all (malicious, corrupt, dishonest and incompetent[17])
persons -- governmental or otherwise -- who were integral parts of the judicial
process” [18]
acting under color of law to wit, ABSOLUTE CORRUPTION.
See Petition for a Writ of
Certiorari 11-8211
Jeep v. Obama
I sometimes feel like the waif
in “The Emperor’s New Cloths.” AM I
THE ONLY ONE THAT CAN SEE IT??
ANY assertion of personal
ABSOLUTE IMMUNITY, without proof of divinity, is a fraud, by any standard of Justice, law and equity,[19]
in a government of free and equal persons on THIS PLANET!!!!!
ANY assertion of governmental
ABSOLUTE IMMUNITY, acknowledging un-avoidable human fallibility, is a fraud, by
any standard of Justice, law and equity, in a government of the
people, by the people and for the people on THIS PLANET!!!!!
The ministerial[20] grant of “Absolute Immunity,”[21] by and for ministers, is a massive, at the
highest levels, ministerial, unconstitutional and “unlawful
Conspiracy”[22] “before out of Court”[23] to obfuscate “false
and malicious Persecutions.”[24]
“Immunity is given to crime, and
the records of the public tribunals are searched in vain for any evidence of
effective redress.” “The courts are in many instances under the control
of those who are wholly inimical to the impartial administration of law and
equity.” I say it NOW, 2011!!!
Justice William O. Douglas said it in 1961 and 1967.
[25] Mr. Lowe of Kansas and Mr. Rainey of South Carolina respectively said it
originally in 1871[26].
for condoning the denial of a Constitutionally secured and
congressionally un-abridge-able right to justice[28] and
"fraud upon the court."
Before they have a chance
to screw-up Healthcare for
100 years!!!!!!
Impeach the current
Supreme Court FIVE for verifiable NOT "good Behaviour,[29]" denying the establishment of
justice and abridging a Constitutionally secured and congressionally
un-abridge-able right to a redress of grievances,[30] with their deprivation of substantive
7th Amendment[31] justice between the government and
the people, Connick,
District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011
and "fraud upon the court" with Ashcroft v. al-Kidd No. 10–98 Decided May 31, 2011!!!
The Right of
Petition is the right to substantive justice between the government and the
people. We do not have any individually
enforceable rights in this country, "Everybody, BUT the innocent victim,
has "ABSOLUTE IMMUNITY"[32]" for the “deprivation of any rights, privileges, or immunities secured by the Constitution and
laws of the United States of America”[33] e.g., “To Kill a Mocking Bird,
The Denial of Due Process,”[34] “The Exclusionary Rule,” “Grounds
for Impeachment.”
Most of the 99% of Americans have
not had the pleasure and are silently intimidated by the prospect of being dragged
through our corrupt COURTS kicking and screaming!!!!!! I have been kicking and screaming for nearly
8 years. I have suffered through 411 days
of illegal incarceration, 4 years of homelessness and two psychological
examinations. I ask you to review Jeep v Obama 8th
Circuit Court of Appeals case #11-2425, Jeep v United States of America 10-1947,”
Jeep v Bennett 08-1823, “Jeep v Jones 07-2614, and the most humble Petition for
a Wirt of Certiorari to the Supreme Court 07-11115.”
I have referenced “To Kill a Mocking Bird, The Denial of Due
Process,” in several of my papers, I do so only because the facts of the case
in “To Kill a Mocking Bird” are generally known. The abuses are happening EVERYDAY in
REAL LIFE
Mr.
Thompson (No. 09–571),[35] Mr.
Smith (No. 10-8145), [36]
Mr. al-Kidd (No. 10–98)[37] and myself (USCA8 No. 11-2425).[38] The
fact that “With
5% of the world's population, our country now houses nearly 25% of the world's
reported prisoners”[39]
PROVES IT !!!!!!!!!!!!
DGJeep "The Earth and everything that's in it" (www.dgjeep.blogspot.com)
Tuesday,
April 03, 2012, 7:16:14 AM, 2012 04-01-12 If the government can do this, what,
what else can it not do - Simply NOTHING that We the People Authorize via our
representatives and or direct vote REV 99RX
[1] “And if you think that is a national problem,
consider that the United States is by far the World's greatest power; it is not
accountable to its own people for its abuses of power, and that abuse of power
flows freely into international circles. Given that reality, there is not a
nation in the world that should not fear us in the same way that a reasonable
person fears a child with a gun.” 31 U. WEST L.A. L. REV .
( Summer 2000 ) JOHN E. WOLFGRAM e.g., George Bush’s false representations
of Weapons of Mass Destruction in Iraq, “The Prosecution of George W. Bush for
Murder” by Famed prosecutor Vincent Bugliosi -
Underlining and parenthetical text added for emphasis.
[2] “Damages” By Dahlia
Lithwick, Slate,
posted Monday, Aug. 8, 2011, at 7:22 PM ET underlining and foot note added
[3] Mr. Thompson in
the New York Times in response to the Supreme Court’s ruling in Connick,
District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011
[4]
Common Sense, “Broccoli
Mandates and the Commerce Clause” The New Times, By JAMES B. STEWART,
Published: March
30, 2012
[5]
Paraphrased from FEDERALIST No. 84, Certain General and Miscellaneous
Objections to the Constitution Considered and Answered From McLEAN's Edition, New York . Wednesday, May 28, 17 88, by
Alexander Hamilton
[6]
The Constitution
of India is the supreme law of India . It lays down the framework
defining fundamental political principles, establishes the structure,
procedures, powers, and duties of government institutions, and sets out
fundamental rights, directive principles, and the duties of citizens. It is the
longest[1] written constitution of any sovereign country in the world,
containing 395 articles in 22 parts, 12 schedules and 116 amendments.
[7] Title Criminal 18, U.S.C, § 241 & 242, and Title
Civil 42 U.S.C. § 1983 & 1985
The absence of exigent circumstances should be noted.
[8] “In short, the common law provided absolute immunity from
subsequent damages liability for all persons -- governmental or otherwise --
who were integral parts of the judicial process.” Briscoe
v. LaHue, 460 U.S. 325 (1983) @ Page
460 U. S. 335 (parenthetical non italic text added for clarity)
[9] Alexander Hamilton June of 1788 at the
ratification of the Constitution for the United States of America, The Federalist
Papers No. 78, “The Judiciary Department”
[10] Title Criminal 18, U.S.C, § 241 & 242, and Title
Civil 42 U.S.C. § 1983 & 1985
The absence of exigent circumstances should be noted.
[11] Justice without regard to equity
impoverishes the victim at the expense of the evil they have suffered. I have been forced into poverty, homelessness
for FOUR YEARS! The 1st
Amendment secures the constitutional right to a lawfully un-abridge-able
justifiable redress of grievance from the government: “Congress shall make no law abridging the right of the people to petition the
Government for a redress of grievances.” The 7th
Amendment secures the right to settle all suits: “In Suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved,
and no fact tried by a jury, shall be otherwise re-examined in any Court of the
United States, than according to the rules of the common law” assures
justice as regards equity.
[12] Montesquieu in his
“De l'Espirit des Lois” (1748) (The Spirit of the Law) defines three main kinds
of political systems: republican, monarchical, and despotic. Driving each classification of political
system, according to Montesquieu, must be what he calls a
"principle". This principle acts as a spring or motor to motivate
behavior on the part of the citizens in ways that will tend to support that
regime and make it function smoothly. For democratic republics (and to a
somewhat lesser extent for aristocratic republics), this spring is the love
of virtue -- the willingness to put the interests of the community
ahead of private interests. For monarchies, the spring is the love of
honor -- the desire to attain greater rank and privilege. Finally, for
despotisms, the spring is the fear of the ruler. We the People have currently
despotic system in that we have NO
enforceable rights in America
TODAY!!!!!!!!!!
[13] "All power
tends to corrupt and absolute power corrupts absolutely. Great men are almost
always bad men, even when they exercise influence and not authority: still more
when you superadd the tendency or certainty of corruption by full
authority. There is no worse heresy than
that the office sanctifies the holder of it." Lord Acton, John Emerich Edward
(1949), Essays on Freedom and Power, Boston :
Beacon Press, p. 364
[14] Bradley v. Fisher,
supra, 80
U. S. 335, 80 U. S. 349, note, at 80 U. S. 350, Pierson v. Ray, 386 U. S.
57 (1967) Judicial ABSOLUTE IMMUNITY is based on a skewed reading, overlooking the noted exception that absolute ANYTHING creates,
of Lord Coke, Floyd and Barker (1607) ruling from an acknowledged CORRUPT
court, the Star Chamber.
[17] Incompetence is
the most insidious and it is covered up by the gratuitous grant of malice,
corruption and dishonesty!!!!
[18] Briscoe
v. LaHue, 460 U.S. 345 (1983) ABSOLUTE IMMUNITY for “all persons
-- governmental or otherwise -- who were integral parts of the judicial process”
[19] Justice without regard to equity
impoverishes the victim at the expense of the evil they have suffered. I have been forced into homelessness for FOUR
YEARS! The 1st Amendment
secures the constitutional right to a lawfully un-abridge-able redress of
grievance from the government: “Congress shall make no law abridging the right
of the people to petition the Government for a redress of grievances.” The 7th Amendment’s
secures the right to settle all disputes/suits: “In Suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no fact
tried by a jury, shall be otherwise re-examined in any Court of the United
States, than according to the rules of the common law” assures justice as
regards equity.
[20] Ministerially
created rules are SECONDARY, in a Democratic Constitutional form of government,
to the will of the people as specifically expressed in the Constitution and the
Statute law. For anyone to ministerially
grant immunity from the Constitution and Statute law is to act in direct
conflict with the tenor of the commission under which the MINISTERIAL authority
was granted.
[21] “absolute
immunity… for all persons -- governmental or otherwise -- who were
integral parts of the judicial process” for the “deprivation of any rights,
privileges, or immunities secured by the Constitution and laws.” Briscoe
v. LaHue, 460 U.S. 325 (1983) @ Page
460 U. S. 335
[22] Lord
Coke Floyd and Barker (1607) “Judge or Justice of Peace:
and the Law will not admit any proof against this vehement and violent
presumption of Law, that a Justice sworn to do Justice will do injustice; but
if he hath conspired before out of Court, this is extrajudicial; but
due examination of Causes out of Court, and inquiring by Testimonies, Et
similia, is not any Conspiracy, for this he ought to do; but subornation of
Witnesses, and false and malicious Persecutions, out of Court, to
such whom he knowes will be Indictors, to find any guilty, &c. amounts
to an unlawful Conspiracy.”
[28] The redress of a justifiable grievance
REQUIRES a remedy in BOTH law and equity
[29] Article III
Section 1 the Constitution for the United States of America "The
Judges, both of the supreme and inferior Courts, shall hold their Offices
during good Behaviour" Yes it is spelled wrong in the Constitution
[30] 1st Amendment, “Congress shall make no
law abridging the right of the people to petition the Government for a redress
of grievances.”
[31] Amendment VII In Suits at common law, where the value in
controversy shall exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury, shall be otherwise re-examined in any
Court of the United States ,
than according to the rules of the common law.
[32] “absolute
immunity… for all persons -- governmental or otherwise -- who were
integral parts of the judicial process” for the “deprivation of any rights,
privileges, or immunities secured by the Constitution and laws.” Briscoe
v. LaHue, 460 U.S. 325 (1983) @ Page
460 U. S. 335
[34] Mr. Hoar of Massachusetts stated:
"Now, it is an effectual denial by a State of the equal protection of
the laws when any class of officers charged under the laws with their
administration permanently, and as a rule, refuse to extend that protection. If
every sheriff in South Carolina (or
now the State of Missouri) refuses to serve a writ for a colored man, and
those sheriffs are kept in office year after year by the people of South
Carolina (or now the State of Missouri), and no verdict against them for
their failure of duty can be obtained before a South Carolina (or now the
State of Missouri) jury, the State of South Carolina (or now the State
of Missouri), through the class of officers who are its representatives to
afford the equal protection of the laws to that class of citizens, has denied
that protection. If the jurors of South Carolina (or now the State of
Missouri) constantly and as a rule refuse to do justice between man and man
where the rights of a particular class of its citizens are concerned, and that
State affords by its legislation no remedy, that is as much a denial to that
class of citizens of the equal protection of the laws as if the State itself
put on its statute book a statute enacting that no verdict should be rendered
in the courts of that State in favor of this class of citizens. "
Cong.Globe, 42d Cong., 1st Sess. p. 334.( Monroe v. Pape, 365 U.S.
167 (1961), Page
365 U. S. 177) Senator Pratt of Indiana spoke of the discrimination
against Union sympathizers and Negroes in the actual enforcement of the laws:
"Plausibly and sophistically, it is said the laws of North Carolina (or now the State of Missouri) do not
discriminate against them; that the provisions in favor of rights and liberties
are general; that the courts are open to all; that juries, grand and petit, are
commanded to hear and redress without distinction as to color, race, or
political sentiment." "But it is a fact, asserted in the report, that
of the hundreds of outrages committed upon loyal people through the agency of
this Ku Klux organization, not one has been punished. This defect in the
administration of the laws does not extend to other cases. Vigorously enough
are the laws enforced against Union people. They only fail in efficiency when a
man of known Union sentiments, white or black, invokes their aid. Then Justice
closes the door of her temples." Cong.Globe, 42d Cong., 1st Sess. p. 505. (Monroe v. Pape, 365 U.S.
167 (1961), Page
365 U. S. 178) non italic parenthetical text added fro clarity.
[38] See also USCA8 07-2614,08-1823,10-1947,11-2425 and Writs of Certiorari
to the Supreme Court 07-11115&11-8211
[39] “With
5% of the world's population, our country now houses nearly 25% of the world's
reported prisoners” and you have the moronic audacity to ask why????
“Why
We Must Fix Our Prisons”, By Senator Jim Webb, Parade Magazine published: 03/29/2009 , U.S. Imprisons One in
100 Adults, Report Finds New York Times, By ADAM
LIPTAK, Published: February
29, 2008 , Our Real
Prison Problem. Why are we so worried about Gitmo? Newsweek by Dahlia
Lithwick Published June
5, 2009