Showing posts with label laws. Show all posts
Showing posts with label laws. Show all posts

Thursday, January 24, 2013

FBI Director "Unsure If Obama Can Kill Americans"?

EXCUSE ME?  Did I hear this right?
 
For those who thought I was "a little off my rocker", take a listen to this........
 
 

Wednesday, January 23, 2013

No Budget, No Pay? What a Joke!!!

I need to respond to the facade being perpetrated on this country by the No Budget, No Pay Act.

No Budget, No Pay should mean “no budget, no pay”, however, as usual, it is nothing more than the typical misleading jargon that spews daily from the mouths of the Government that is robbing us, rather than representing us.

 I had a fleeting moment of hope that was quickly dashed by the realization that ‘no pay’ meant ‘holding pay until a later date’. So what? As a Realtor, my pay is ALWAYS held until I do my job, and I certainly won’t continue to get paid for the rest of my life because I did (or didn’t) do my job for a few years.

My disgust with the handling of this country grows daily, and I am not alone. As long as Democrats and Republicans put the party above the people, we have no hope. It is time for change, and the thought of the cost of that change terrifies me.

Wednesday, January 16, 2013

The County Sheriff: The Ultimate Check & Balance

This seemed like the right time to repost this one.....
(originally posted May, 2012)

 
I found this to be a VERY interesting little piece of information I was totally unaware of........

When the United States of America was founded the framers spent arduous hours devising a Constitution that would protect future generations from tyranny and government criminality. A system of checks and balances was established to keep all government, especially at the federal level, from becoming too powerful and abusive.


The Bill of Rights was promulgated to augment the limitations previously placed against the government, to further insure that government would stay in its proper domain.

So, what happens when government does not obey its own constitution? What punishment is meted out to politicians who vote for and pass unconstitutional laws? What happens if they appoint unlawful bureaucracies or allow their agents to violate the rights of the American citizen? The answer to these questions is both astounding and lamentable; NOTHING!

Now the question becomes even greater; who will stop criminal and out-of-control government from killing, abusing, violating, robbing, and destroying its own people? Yes, believe it or not, there is an answer to this one. The duty to stop such criminality lies with the county sheriff. The question needs to be posed to each and every sheriff of these United States; will you stand against tyranny?

The office of sheriff has a long and noble history. It dates back over a thousand years and originated in England. The sheriff is the only elected law enforcement official in America. He is the last line of defense for his citizens. He is the people's protector. He is the keeper of the peace, he is the guardian of liberty and the protector of rights. A vast majority of sheriffs will agree with all of this until they are asked to apply these principles of protection to federal criminals. Their backpeddling and excuses will be more plentiful than radar tickets and louder than sirens at doughnut time. Most of the unbelievers, who themselves have taken a solemn oath to "uphold and defend" the U S Constitution, will passionately and even apologetically exclaim that they have no authority or jurisdiction to tell federal agents to do anything, let alone stop them from victimizing local citizens. The truth and stark reality is that it's just the opposite; the sheriff has ultimate authority and law enforcement power within his jurisdiction. He is to protect and defend his citizens from all enemies, both "foreign and domestic."

Of course, there are those who will maintain that the feds have not and will not commit crimes against law-abiding citizens in this country, the IRS notwithstanding. For the sake of argument, let's just pretend that the government did nothing wrong at the Branch Davidian church in Waco or at Ruby Ridge, Idaho when citizens were killed. Those incidents have been debated and will be forever. However, the immutable truth about both tragedies remains that if the local sheriff had remained in charge of both incidents, not one person would have died, including federal agents, and the law would still have been enforced.

Despite the frequency or the severity of government abuses, if they were to happen in your county, would your sheriff intervene? Well, don't look now, but they are already occurring and some sheriffs have indeed taken very courageous stands against the feds coming in to their counties to "enforce" their laws. Cattle, lands, homes, bank accounts, cash, and even children have been seized and prisons filled all in the name of federal enforcement of EPA rules, The Endangered Species Act, IRS rules, (of which there are over 10 million pages) Forest Service and Dept. of the Interior technicalities and the list goes on and on. The sheriff of NYE County, Nevada stopped federal agents from seizing a rancher's cattle and even threatened to arrest the feds if they proceeded against his orders. Sheriffs in Wyoming have told the agents of all federal bureaus to check with them before serving any papers, making any arrests, or confiscating any property. Why? because they are doing their jobs that's why! It's just another way to provide checks and balances that ultimately protect and help citizens.

Criminality within the IRS has been well documented. Hearings about such crimes were held before congress in 1998. IRS employees testified of hundreds of crimes being committed against law-abiding citizens. Congress did nothing about it. They were too busy checking Monica Lewinsky's dress. The point remains, if any abuse occurs in your county by federal officials; does your sheriff have the guts and the authority to protect and defend you? Does that question not sound redundant? Is he not bound by oath to do just that?

Yes, he has the right and the duty to do so. In Mack/Printz v USA, the U S Supreme Court declared that the states or their political subdivisions, "are not subject to federal direction." The issue of federal authority is defined even further in this most powerful Tenth Amendment decision. The two sheriffs who brought the suit objected to being forced into federal service without compensation pursuant to some misguided provisions of the Brady Bill. The sheriffs sued the USA (Clinton adm.) and won a major landmark case in favor of States' Rights and local autonomy. In this ruling by the Supreme Court, some amazing principles were exposed regarding the lack of power and authority the federal government actually has. In fact, this is exactly the issue addressed by the court when Justice Scalia opined for the majority stating, "...the Constitution's conferral upon Congress of not all governmental powers, but only discreet, enumerated ones."

Scalia then quotes the basis of the sheriffs' suit in quoting the Tenth Amendment which affirms the limited powers doctrine, "The powers not delegated to the United States by the Constitution...are reserved to the States respectively, or to the people." To clarify this point, we need to understand that the powers and jurisdiction granted to the federal government are few, precise, and expressly defined. The feds have their assignments within constitutional boundaries and the states have theirs, as well. Scalia also mentions this, "It is incontestable that the Constitution established a system of dual sovereignty" and that the states retained "a residuary and inviolable sovereignty." Scalia even goes so far as to detail who is responsible to keep the federal government in their proper place, if or when they

decide to go beyond their allotted authority. In doing so he quotes James Madison, considered to be the father of our Constitution, "The local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority [federal government] than the general authority is subject to them, within its own sphere." (The Federalist # 39) Thus, the federal government has no more authority to compel the states or the counties to do anything, no more so than the Prime Minister of Canada has.

But what happens when the inevitable occurs; when the feds get too abusive and attempt to control every facet of our lives? The Mack/Printz decision answers this also. "This separation of the two spheres is one of the constitution's structural protections of liberty. Just as the separation and independence of the coordinate branches of the federal government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front." To quote Madison again Scalia writes, "Hence, a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself." (The Federalist # 51) So the state governments are actually and literally charged with controlling the federal government. To do so is "one of the Constitution's structural protections of liberty." (Emphasis added)

Yes, it is regrettable that a sheriff would be put in this position. The governor and the state legislature should be preventing federal invasions into the states and counties way before the sheriff, but if it comes to the sheriff, then he must take a firm stand. James Madison also said, "We can safely rely on the disposition of state legislatures to erect barriers against the encroachments of the national authority." So when the state legislatures go along to get along and are bought off by political cronyism or the disbursement of federal funds, then the sheriff becomes the ultimate check and balance.

It is time for the sworn protectors of liberty, the sheriffs of these United States of America, to walk tall and defend us from all enemies; foreign and domestic. When sheriffs are put in the quandary of choosing between enforcing statutes from vapid politicians or keeping their oaths of office, the path and choice is clear, "I solemnly swear or affirm, that I will protect and defend the Constitution of the United States."


I dare you to send this to your local County Sheriff and ask where they stand.

I DOUBLE DOG dare ya......


Monday, May 28, 2012

Have We Become The People We Said Never To Trust?


Anyone who has spent all or part of their teen or growing-up years in the sixties will surely remember the famous slogan delivered from under protest banners flying high or tacked up in seedy apartments and dorm rooms decorated with day-glow posters of Bob Dylan and Jimi Hendrix.

Remember what it was? Come-on, sure you do. Here's a hint - it was one of the catch phrases of the hippies - the 'Love' generation. It went right along with, "Make Love Not War". And it was usually drawn with magic markers on rumpled 'used-to- be white', dorm room sheets.

Still nothing? Hey man you're not trying.

OK, last clue. What could the most ironic thing that millions of settled, responsible movers and shakers of today's society (us) could have said all those years ago to make us squirm now in our CEO chairs or heated leather Lexus seats?

No guesses? Really?

OK, well everyone who thinks they know the answer, jot it down on an old 'zigzag' joint paper and stuff it into the back pocket of those jeans, (despite the fact that they're three sizes larger than they were in 1968, and now fit a whole lot tighter) And even worse, you're not wearing them tight in the butt any more to be sexy! Then send it off to me in your old college laundry bag. Winners will be chosen completely at random by the judge (me) whose thoughts are likewise completely random (me again) and.... Oh forget it. You give up?
All right - well if everyone has guessed or is so stumped that they're about to give up and turn on the 24/7 'Bad-60's-sitcoms-all-night' cable channel's Beverly Hillbilly's re-run marathon, here is the answer. It was;
"Never trust anyone over Thirty."
Let me explain.

The whole irony thing slid insidiously into my consciousness the other day when I happen to hear a song that was pretty silly and pretentious forty years ago (and it hadn't improved with age) spilling out from the speakers of my Cadillac.

It was a little ditty called 'Signs' or some such title. To be honest I don't really re-call who did the thing back then nor would I recognize the singer nasally droning it out today, even if you picked him up by the scruff of the neck and bodily wumped me over the head with him.

But it was the words to the song - silly and naive as they were back then, that really started me thinking. The song, as I began to remember, was about how the middle class, up-tight, grown-ups (definitely not us back then!), had made up way too many rules in order to force their stodgy, middle class values on the free and uninhibited sprits (us - the 'cool' Baby Boomer kids). And even more insidious, the song reminded us Boomer kids back in the 60's, that the adults had put up all kinds of 'Signs' to infringe on the rights of all of us mellow, young Boomers, who asked for nothing more than to, 'let-it -all-hang-out.
As the still unknown pop vocalist of today sang about how the sign and the rules were encroaching on our freedoms and individualism, I started to get this unpleasant little nagging feeling at the back of my mind.

And then it hit me.

We were the ones who were now putting up the signs and making everyone conform. The signs that tell everyone what they can and can't do and what they better do if they know what's good for them.

For instance, the environmental movement which had started out as a quasi-religion of 'love mother earth' by free-spirited hippies in communes, has now been taken over by grim humorless bureaucrats who watch over things like 'Big Brother' and use a bewildering array of sometimes contradictory government laws to enforce their will.

For heaven sakes I heard only last week about someplace across our fruited plains where not only were you ordered to recycle, but you had to put your garbage in clear plastic bags so that the enviro police could make sure you were!

Whoa... Hey 'Bro' was this what the free spirits in the commune had in mind? Weren't we protesting the heavy hand of government telling us what to do?

It sort of reminds me of that great old movie from the 60's by Woody Allen. It was called Bananas and was about how a Latin/American freedom fighter (who looked suspiciously like Castro) changed when the 'outsiders' became the 'insiders' and could make all the rules.

As the farce, broadened into the ridiculous, I recall one scene where the dictator makes a law that everyone will have to wear clean underwear every day and they have to wear them on the outside of their clothes so that the 'Underwear Police' can check them daily.

Want another one we would have protested as infringement of free expression? How about a planned community that recently told a resident that they would have to take down their colored Christmas lights or risk a fine. Why? Because someone had passed a 'rule' that all Christmas lights had to be white! (I wonder if they not only require underwear to be worn on the outside, but mandate that it must be white as well !!) Hummm. Are we seeing a pattern here?

Or take the government itself. Now I know that I wasn't so stoned that I don't remember those protests. The ones where all we wanted was to get the government out of our lives and off of our back - right?

Now it seem like we've not just invited them to tell us what to do, but are demanding it ! You know the drill. "Why doesn't the government do something about this or "we need a law that says...." Ah uh.

There are underwear laws and white light rules in our futures folks.

Now don't get me wrong - I know that a lot of these laws and regulations have been put in place "for our own good". But wasn't that what an older generation told us forty years ago?
Ah well, maybe we should just shrug our collective shoulders, light some sandalwood incense, pass around the old bong pipe and just chalk it up to just another 'sign' of the times.

Peace dude.



"Shadow of Inocence" - Rick Wasley



http://www.kunati.com

http://www.kunati.com/shadow-of-innocence-hip-myster/
Ric Wasley has spent almost forty years wandering through corporate board rooms and honky-tonk bars. He now divides his time between writing mystery novels - Shadow or Innocence - A McCarthy Family Mystery - Published by Kunati, http://www.kunati.com , and observing the really 'juicy parts' of the human condition.


Wednesday, May 23, 2012

The County Sheriff: The Ultimate Check & Balance

I found this to be a VERY interesting little piece of information I was totally unaware of........

When the United States of America was founded the framers spent arduous hours devising a Constitution that would protect future generations from tyranny and government criminality. A system of checks and balances was established to keep all government, especially at the federal level, from becoming too powerful and abusive.


The Bill of Rights was promulgated to augment the limitations previously placed against the government, to further insure that government would stay in its proper domain.

So, what happens when government does not obey its own constitution? What punishment is meted out to politicians who vote for and pass unconstitutional laws? What happens if they appoint unlawful bureaucracies or allow their agents to violate the rights of the American citizen? The answer to these questions is both astounding and lamentable; NOTHING!

Now the question becomes even greater; who will stop criminal and out-of-control government from killing, abusing, violating, robbing, and destroying its own people? Yes, believe it or not, there is an answer to this one. The duty to stop such criminality lies with the county sheriff. The question needs to be posed to each and every sheriff of these United States; will you stand against tyranny?

The office of sheriff has a long and noble history. It dates back over a thousand years and originated in England. The sheriff is the only elected law enforcement official in America. He is the last line of defense for his citizens. He is the people's protector. He is the keeper of the peace, he is the guardian of liberty and the protector of rights. A vast majority of sheriffs will agree with all of this until they are asked to apply these principles of protection to federal criminals. Their backpeddling and excuses will be more plentiful than radar tickets and louder than sirens at doughnut time. Most of the unbelievers, who themselves have taken a solemn oath to "uphold and defend" the U S Constitution, will passionately and even apologetically exclaim that they have no authority or jurisdiction to tell federal agents to do anything, let alone stop them from victimizing local citizens. The truth and stark reality is that it's just the opposite; the sheriff has ultimate authority and law enforcement power within his jurisdiction. He is to protect and defend his citizens from all enemies, both "foreign and domestic."

Of course, there are those who will maintain that the feds have not and will not commit crimes against law-abiding citizens in this country, the IRS notwithstanding. For the sake of argument, let's just pretend that the government did nothing wrong at the Branch Davidian church in Waco or at Ruby Ridge, Idaho when citizens were killed. Those incidents have been debated and will be forever. However, the immutable truth about both tragedies remains that if the local sheriff had remained in charge of both incidents, not one person would have died, including federal agents, and the law would still have been enforced.

Despite the frequency or the severity of government abuses, if they were to happen in your county, would your sheriff intervene? Well, don't look now, but they are already occurring and some sheriffs have indeed taken very courageous stands against the feds coming in to their counties to "enforce" their laws. Cattle, lands, homes, bank accounts, cash, and even children have been seized and prisons filled all in the name of federal enforcement of EPA rules, The Endangered Species Act, IRS rules, (of which there are over 10 million pages) Forest Service and Dept. of the Interior technicalities and the list goes on and on. The sheriff of NYE County, Nevada stopped federal agents from seizing a rancher's cattle and even threatened to arrest the feds if they proceeded against his orders. Sheriffs in Wyoming have told the agents of all federal bureaus to check with them before serving any papers, making any arrests, or confiscating any property. Why? because they are doing their jobs that's why! It's just another way to provide checks and balances that ultimately protect and help citizens.

Criminality within the IRS has been well documented. Hearings about such crimes were held before congress in 1998. IRS employees testified of hundreds of crimes being committed against law-abiding citizens. Congress did nothing about it. They were too busy checking Monica Lewinsky's dress. The point remains, if any abuse occurs in your county by federal officials; does your sheriff have the guts and the authority to protect and defend you? Does that question not sound redundant? Is he not bound by oath to do just that?

Yes, he has the right and the duty to do so. In Mack/Printz v USA, the U S Supreme Court declared that the states or their political subdivisions, "are not subject to federal direction." The issue of federal authority is defined even further in this most powerful Tenth Amendment decision. The two sheriffs who brought the suit objected to being forced into federal service without compensation pursuant to some misguided provisions of the Brady Bill. The sheriffs sued the USA (Clinton adm.) and won a major landmark case in favor of States' Rights and local autonomy. In this ruling by the Supreme Court, some amazing principles were exposed regarding the lack of power and authority the federal government actually has. In fact, this is exactly the issue addressed by the court when Justice Scalia opined for the majority stating, "...the Constitution's conferral upon Congress of not all governmental powers, but only discreet, enumerated ones."

Scalia then quotes the basis of the sheriffs' suit in quoting the Tenth Amendment which affirms the limited powers doctrine, "The powers not delegated to the United States by the Constitution...are reserved to the States respectively, or to the people." To clarify this point, we need to understand that the powers and jurisdiction granted to the federal government are few, precise, and expressly defined. The feds have their assignments within constitutional boundaries and the states have theirs, as well. Scalia also mentions this, "It is incontestable that the Constitution established a system of dual sovereignty" and that the states retained "a residuary and inviolable sovereignty." Scalia even goes so far as to detail who is responsible to keep the federal government in their proper place, if or when they

decide to go beyond their allotted authority. In doing so he quotes James Madison, considered to be the father of our Constitution, "The local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority [federal government] than the general authority is subject to them, within its own sphere." (The Federalist # 39) Thus, the federal government has no more authority to compel the states or the counties to do anything, no more so than the Prime Minister of Canada has.

But what happens when the inevitable occurs; when the feds get too abusive and attempt to control every facet of our lives? The Mack/Printz decision answers this also. "This separation of the two spheres is one of the constitution's structural protections of liberty. Just as the separation and independence of the coordinate branches of the federal government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front." To quote Madison again Scalia writes, "Hence, a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself." (The Federalist # 51) So the state governments are actually and literally charged with controlling the federal government. To do so is "one of the Constitution's structural protections of liberty." (Emphasis added)

Yes, it is regrettable that a sheriff would be put in this position. The governor and the state legislature should be preventing federal invasions into the states and counties way before the sheriff, but if it comes to the sheriff, then he must take a firm stand. James Madison also said, "We can safely rely on the disposition of state legislatures to erect barriers against the encroachments of the national authority." So when the state legislatures go along to get along and are bought off by political cronyism or the disbursement of federal funds, then the sheriff becomes the ultimate check and balance.

It is time for the sworn protectors of liberty, the sheriffs of these United States of America, to walk tall and defend us from all enemies; foreign and domestic. When sheriffs are put in the quandary of choosing between enforcing statutes from vapid politicians or keeping their oaths of office, the path and choice is clear, "I solemnly swear or affirm, that I will protect and defend the Constitution of the United States."