Tag Archives: Aztec Empire

Jerry O’Neil Demands Payment in Constitutional Currency, but “All that Glisters is not Gold, Often have you heard that told”. As for me, I was born in Texas and I’d rather be paid in the most traditional of all Indo-European Currencies: Cattle! (OK, I’d take sheep, just to show I’m not prejudiced). Sub-liminal comparison: what is the difference between a Federal Reserve Note and a Viking Ice Skate?

The Best, most honorable and ethical political office-holder I know (State Representative Jerry O’Neil of Kalispell, Montana, who also happens to be one of the most constitutionally rigorous elected officials of the 21st century) has raised one of the oldest and most contentious constitutional issues in the modern history United States: what IS constitutional currency?  Jerry O’Neil Wants to be paid in gold and silver coin.

Although I am very partial to strict construction and enforcement of the constitution as written (especially in clear and unambiguous terms), I also understood that gold and both finite and useless on the one hand, and randomly and irrelevantly distributed in relation to other productive human activities, on the other.  (The huge concentration of the world’s gold in 16th Century Mexico, mid-19th century California, the late 19th century Yukon in Canada, or late-19th/Early 20th Century South Africa never meant that those were the ideal places to live in the world; in fact, the abundant gold in those places led to MANY economic, socio-cultural, and political problems).

The key question in whether to endorse the gold standard is this: if the potential production of human labor is unlimited and infinite, how can the compensation of human labor justly be limited and finite?   On the other hand, Gold is real in the sense of being substantive, tangible and universally recognizable in human cultures all over the world, its recognition as “precious” does not depend on any particular bank or government or even any particular cultural formulation.  

But still, as the Confused but Gold-Rich Aztec told the Gold-hungry Spanish invaders: Gold is not edible.  Gold has no universal practical applicability.   So it is not as useful as cotton, iron or steel.  But neither cotton, iron, nor steel are as easily rendered into currency as completely useless paper, which is totally dependent upon individual banks or governments.

I like to point out that the English word “pecuniary” (matters of or relating to money) is closely related to Spanish “Agro-pecuaria” (the general field of 4H-Agricultural Fairs—“Field & Cattle”).    Our Ancient Indo-European Ancestors up through Roman times knew only one common currency and that was Cattle.   (The Greek preferred “Sheep” and I’m quite fond of Lamb…).  With all due apologies to vegetarians, NOTHING serves better as currency than Cattle (and “Sheep” and “Goats” are also subsumed under Spanish “Agro-pecuaria“).  

If you’re down to your last one pound gold-bar during a war, you may FEEL rich, but if you can’t exchange the gold-bar for food, because of the war, you’re going to starve.  But as an alternative, imagine, if you will, that you’re a neutral non-combatant, in the middle of that great war, down to the your last 16-32 head of cattle (the approximate market value in cattle of one gold bar at present rates, depending on the breed and quality of the cattle), you can not only survive the war without speaking or trading with anyone (assuming you have a few rudimentary tools to butcher and cook your own animals), you may actually end up “richer” at the end of the war even if you’re not trading with any of the combatants, if you care not to slaughter your female cows, take care of the calves, and keep a minimum of one healthy and happy bull around at all times.  

In addition to their widely prized meat, cattle can be used while living as agricultural implements (non-gas-guzzling, in fact gas producing, tractors), their skins can be made into leather for clothing and furniture and their bones and horns can be made into all manner of tools and ornaments.   As a matter of fact, it was a famous and glorious moment in my graduate career at the Peabody Museum of Archaeology & Ethnology when Dr. Stephen Williams, then eponymous Peabody Professor, stumped me at my oral exams by showing me an bovine foreleg bone, heavily striated on one side, heavily compressed on the other, with two holes at distal and proximal ends.  I had identified every other piece of Peabody Museum arcana he could throw at me, but I finally gave up on this one: it was a VIKING ICE-SKATE, made of cattle bones.  Try making anything more useful than a paper aeroplane out of Federal Reserve Notes, I dare you…..

Montana State House of Representatives
REP. JERRY O’NEIL    SESSION COMMITTEES:
    TAXATION; ETHICS;
HELENA ADDRESS DURING SESSION:    TRANSPORTATION;
PO BOX 200500    RULES; and
HELENA, MONTANA  59620-0500    LOCAL GOVERNMENT
406-444-4800    
    
    
HOME ADDRESS:    
985 WALSH ROAD    
COLUMBIA FALLS, MONTANA  59912        
406-892-7602; 406-892-7603 FAX     The Big Sky Country    oneil@CenturyTel.net

November 12, 2012

State of Montana Legislative Services
Central Services Office
Post Office Box 201706
Helena, Montana  59620-1706

Re:    Legislator Compensation

Dear Legislative Services:

    Last week I was re-elected to serve the people of House District 3 as their Representative in the Montana Legislature. Once again it will be my privilege to take the oath of office, promising to obey and protect the United States Constitution and the Constitution of Montana.
    When campaigning, some of my constituents informed me I was not honoring my duty to uphold and defend the United States Constitution. The area of their concern is the prohibition, contained in Article I, Section 10, that states, “No state shall – – make anything but gold and silver coin a tender in payment of debts – -.” They ask me how I, a policy maker for the State of Montana, can ignore this clear constitutional prohibition.
    Over the 10 years I have previously served in the legislature I have considered this a trivial matter that would show me to be out of step with our national rulers if I made an issue out of it. I did not want to be branded as a fanatic over an issue of no consequence.
    Today I am looking at this issue in a new light. When I was going to my constituents homes I agreed with them the most important issue for the coming legislative session will be to protect them from the economic debacle hanging over our heads.
    With just a cursory look at history we know a country that lives beyond its means faces dire consequences. Having a $16,000,000,000,000 national debt is a warning sign we can only ignore at our peril. Having such a debt and allowing it to increase unchecked is an invitation for national suicide.
    It is very likely the bottom will fall out from under the U.S. dollar. Only so many dollars can be printed before they have no value. The Keynesian era of financing government with debt appears to be close to its demise.
    If and when that happens, how can we in the Montana Legislature protect our constituents? – The only answer I can come up with is to honor my oath to the U.S. Constitution and request that your debt to me be paid in gold and silver coins that will still have value when the U.S. dollar is reduced to junk status. I therefore request my legislative pay to be in gold and silver coins that are unadulterated with base metals.
    I am not asking for you to give me gold and silver American Eagles at their face value of $50.00 and $1.00,  but rather at their current market prices that today are $1,801.00 and $35.28. Hopefully this will be an example for our Montana citizens and prompt them to also have some of their own wealth in money that has intrinsic value.
    Yours truly,
    Jerry O’Neil

Colonialism and Race as Transformational Issues in Barack Obama’s life and policy? Dinesh D’Souza’s movie: 2016, Obama’s America

Well, OK, I just saw Dinesh D’Souza’s “2016 Obama’s America“.   It’s an absolute “must see” before the election because it imparts vital evidence concerning our 44th President and an interpretation of his policies which everyone should consider.  

Now Dinesh D’Souza is a young man (one year younger than I am in fact, so he’s really young, just like Obama….) so he may not suffer from this problem but he kind of reminds me of some of the legendary professors I’ve heard of (but never experienced in person) who actually fall asleep during their OWN lectures…

So far as story telling goes, for narrative quality and dramatic effect, it is really fairly dismal, especially when compared with “The Big Fix“—last year’s astounding movie about the BP Oil Spill and it’s impact on New Orleans and Louisiana generally.  Dinesh is an Ivy League academic from India and he SHOULD have hired Josh & Rebecca Tickell or someone to bring life to what, honestly, SHOULD have been a very compelling story and COULD have been presented better.   

His Rebus Dictis  (these things having been said)—I highly recommend the movie for its informational content (just don’t expect to be entertained or to enjoy the experience even a little bit—if you’re tired, have a coffee or two before hand—because you NEED TO HEAR THIS STORY).

To make a long story short—Dinesh D’Souza presents Obama as the ultimate con-man and traitor, the last person ON EARTH who ever should have been President of the United States (though the narrative never actually says this in so many, or so few, words).    To use one of my old Tulane University college archaeology advisor’s favorite phrases, this movie clearly portrays Barack Hussein Obama as a Classic “Nigger in the Woodpile” The_Nigger_in_the_Woodpile.jpg 760×524 pixels.  The phrase means (according to Wikipedia, and Will*), “some fact of considerable importance that is not disclosed – something suspicious or wrong: Especially a stowaway or “sleeper agent” type spy — in short, a bunch of Greek Soldiers hidden inside, say, a wooden Horse mistaken by the apparently “Born Yesterday” Trojans as a Gift from the Gods (I have always wondered how the Trojans could possibly have been this dumb?  Had ten years of siege weakened their intelligence through malnutrition and lack of exercise?  Why didn’t anyone (besides Cassandra) ask: WHY would the Gods make such a strange gift?  The Gods gave the people sun and water and grain and cattle, which are all very useful, but what can you DO with a wooden horse that big, exactly, I wonder, that would make it an appropriate gift from the Gods as opposed to a trick by the “Wily Odysseus”).  

Anyhow, Obama entered the Presidency as a Communist Nigger in the Woodpile  OR as a Communist Trojan Horse—take your pick, but Obama became President, according to D’Souza, and I have to agree, for the SOLE purpose of destroying America’s (1) economic, (2) military, (3) political, (4) intellectual, and (5) moral strength.  This is no modest undertaking, not an inconsiderable set of goals, but look how well Obama has done in just his first term!!!!   That is the long and short of Dinesh D’Souza’s movie.  Except to point out: Obama has done so much to destroy America in ONE term, he’ll probably transform us into a lower-ranking Third World Country somewhere beneath Belize and Burkina Fasso but above Bangladesh and Haiti if elected to a second term. 

According to D’Souza, Obama WANTS to do this because he is fulfilling his father’s dream of destroying the most successful product of the White Anglo-Saxon Race and Nation of England (that most successful product being the USA) because England had intentionally (in the Obamas’ opinions, both junior and senior) conquered, colonized and underdeveloped Kenya in particular and 1/4 of the African continent in general.

Empires are majestic and romantic, but they are inevitably built on conquest and cruelty, whether we’re talking about Xerxes (“Ahasueras”), Alexander the Great, Julius Caesar and all the Roman Emperors (“Caesars”) who followed him, at least up through Marcus Aurelius but probably straight through to 1453 and the Fall of Constantinople, the Sassanian Empire, Mongol Empire, Charlemagne’s Empire, the Caliphates of Baghdad and Cordova, the Ottoman Empire, the Aztec Empire, the Inca Empire, the Spanish Empire, or the British Empire.   Charlemagne’s Empire and the British empire were possibly the “Kindest and Gentlest” of this list, but it is simply not in human nature for local groups and societies to give up their freedom and autonomy voluntarily, and so “to make an Imperial omelette, you have to break quite a few local small-to-medium size eggs, and a few really big eggs” sometimes, like the Aztec and Inca Empires being incorporated into the Spanish Empire, or the Mogul Empire being incorporated into the British.

I grew up with a very mixed up perspective on Empire.  On the one hand, everyone in my family agreed that the British Empire and the Pax Britannica were great things, but also that the British were almost congenitally stupid in their handling of their imperial possessions, starting with the USA.   It would have been so easy, and so completely reasonable, to give three million American “colonists” direct representation “across the water” in the Parliament of the United Kingdom in London.  Why, oh, WHY did the British Parliament and crown not extend ALL the rights of Englishmen to ALL the King’s subjects in North America?   And by the time they got to India, South Africa, Australia, and New Zealand, the British had (apparently) learned almost nothing from their experience in America.  TO THIS DAY I look at Canada, the most loyal of all the British Dominions, and think that Britain and Canada should share a single parliament—especially in this day and age of jet travel, telephones, faxes, and e-mail.  

The ROMAN Empire was always extending full citizenship to the conquered peoples—as was Napoleon’s “New” (if short lived) Franco-Roman Empire of 1803-1814.   Now, admittedly, the Romans did not go around extending citizenship owing to any romantic precursor philosophy ancestral or antecedent to the French “Liberté, Egalité, Fraternité“, but because, face it, mere conquest is NEVER enough for the conqueror; a real conqueror wants to keep gouging the conquered people for taxes so long as his empire endures…. and you can ONLY Tax Citizens (or in Rome, you could only tax citizens).

But Britain never learned from its mistakes and never extended any sort of rights to the colonial peoples except to self-government UNTIL THEY ABOLISHED THE EMPIRE—and then, by the British Nationality Act of 1948 they basically admitted that all their former and soon-to-be former “Colonials” were going to be British—and thus they set up the uncontrolled colonization of Britain by former colonials.  Truly, there must be a defect in our Anglo-Saxon genes when it comes to conquest and colonialism, because the British, really and truly, honestly and sincerely, never got ANYTHING right at the right time, not even once.

But anyhow, Dinesh D’Souza basically presents the hypothesis that the British conquest and colonization of Kenya was something that Barack Hussein Obama, Sr., really resented, and Barack Hussein Obama, Jr., has sought to use the Presidency of the United States to wreak vengeance on the Anglo-Saxon peoples of the world for his father’s sake.  This is kind of a “reverse Oedipus-syndrome”, I guess, where Obama is symbolically killing his mother (by killing and impoverishing “her race, her people”) for his dead and always absent Father’s sake.  Except of course, that Obama’s mother was one of those early 1950s and 1960s communist traitors herself, from a family and long line of communist traitors, who already WANTED to wipe out her own culture and civilization (and apparently divorced her second husband Lolo Soetoro because he DIDN’T).

I have no idea how real American conservatives can look at the history of Stanley Ann Dunham and the Obama family and NOT be totally in favor of abortion.  Not just wishy-washy “abortion on demand” but mandatory, Chinese-style forced abortion for any father who already has at least two children…..as Obama’s father did back home with an (unfortunately undisclosed) first wife.   In every sense Obama is the product of the Brave New World and the more I learn about h Barack’s mother the more I think Montana Judge Richard Cebull of the United States District Court for the District of Montana (born 1944) has been the victim of a real “politically correct” hatchet job….**

In any event, one of the most interesting moment’s in D’Souza’s movie is when Barack Obama’s brother, who lives in a slum dwelling in Nairobi, comments that Barack and his (own) father were both wrong: the British were GOOD for Kenya and should have stayed until Kenya was actually ready for Independence.

Any way you look at it, whether it’s a good movie or not, and as movies go, it’s really not, Dinesh D’Souza makes some really interesting points.  I’m not at all sure that his pseudo-Freudian psychoanalysis of Obama is correct, because, basically, Obama was raised by his white mother and SHE was a communist, Obama’s white GRANDPARENTS were communists, and they (the Dunham family) apparently associated primarily with black communists.  

It is beyond incredible that anyone like Barack Hussein Obama ever became President of the United States.  It is a tragedy of almost unparalleled proportions.   I personally wish we had been conquered by the Soviet Russians during the Cold War instead of betrayed by our own mind-dead, media manipulated electorate into electing this Trojan Horse for President—it would have been a MUCH more honest and sincere way to introduce communism to North America.  

*AKA E. Wyllys Andrews V, Ph.D. Tulane, born October 10, 1943, retired in 2009, son of Harvard & Carnegie Institution of Washington archaeologist E. Wyllys Andrews IV, 1916-1971)

** Cebull “reported himself for judicial misconduct” to the Ninth Circuit under extreme pressure to resign after he circulated an e-mail about Obama’s birth: “A little boy said to his mother; ‘Mommy, how come I’m black and you’re white?’ His mother replied, ‘Don’t even go there Barack! From what I can remember about that party, you’re lucky you don’t bark!‘”  I rarely endorse a vulgar joke, but I would tend to nominate Cebull to the next vacancy on the Supreme Court, myself….  I would simply add to the joke, after the word “bark”, the words “in Russian or Chinese”, because all evidence is that Obama’s mother and all of what Dinesh D’Souza calls Obama’s “founding fathers” were all the reddest of the red in the USA…. candidates for the firing squad after trial and conviction for treason, every one of them.

A New Red Dawn Over America—Obamacare & the Police Power in Arizona are Upheld—the Constitution again ruled DOA at the Supreme Court (full text of the Supreme Court’s Worst Two Decisions of the Week attached)

Chief Justice John Roberts is rapidly becoming my least favorite U.S. Supreme Court Justice in history.  First, in 2007, the debut innovation of “the Roberts Court” was Bell Atlantic v. Twombly, then a followup kick in the face of freedom under the name of Ashcroft v. Iqbal and now this week (on Monday, June 25, 2012) Arizona v. United States (Arizona v US) and, today Thursday, June 28, 2012, yet another day that will live in infamy: NATIONAL FEDERATION OF INDEPENDENT BUSINESS et al. v. KAREN SEBELIUS, SECRETARY OF HEALTH & HUMAN SERVICES (NATIONAL FEDERATION OF INDEPENDENT BUSINESS et al v SEBELIUS SECRETARY OF HEALTH).

It’s been a really bad week for the Constitution and for the American people, and a very good day for  Obama’s flourishing Dictatorship of the Proletariat.  Oh yes, and what a nice present for Hillary Clinton as she celebrates lasting longer as U.S. Secretary of State than any other of the 96 individuals to hold that office—and we were all sure she was just a joke back in the early 1990s when she was pushing a National Health Care System which looked an awful lot like what we’ve got now with Obamacare.

First with regard to Arizona v. US: The expansion of the American Police State seems never-ending, as the late great Strom Thurmond’s States-Rights Democratic Party Platform very accurately predicted in 1948.   The great triumph of the Civil Rights Movement in the United States over the past 64 years is quite simply this: all oppressive acts of government, so long as they are applied equally to White people as well as Blacks, Hispanics, Asians, and all others without Racial, and only with Economic and Political, Prejudice, will be upheld.  But try asserting any constitutional right other than your right to be on an equal footing with all other slaves, and man YOU ARE DEAD MEAT!!!!  States Rights got a minor boost last year when an individual right to sue under the Tenth Amendment was recognized, but this year the 162 year trend towards the complete suppression of State Sovereignty marches forward unabated….

The main issue regarding Arizona’s immigration statutes was whether the individual states of the Union have any right to make more restrictive laws regarding residence and citizenship than the United States as a whole.  Under the expressly anti-States’ Rights 14th Amendment, the Supreme Court said NO.  But, if the Arizona police want to go around harassing people on the highways, they are free to do so, so long as they are willing to say they suspect that every blonde-haired & blue-eyed caucasian must have recently entered illegally from Sweden or Norway perhaps….  The Supreme Court, these days, never seems to miss an opportunity to enhance the power of the police to oppress the population at large.

With regard to the “Obamacare” case, I can only say I’m NOT even as surprised by this result as I was not by the result in the Arizona immigration opinion.  Ever since Franklin D. Roosevelt gave up his plan to “pack” the Supreme Court, there is no infringement on the economic liberty and personal choices of the American people which the Supreme Court finds too trivial to be worthy of Federal Enforcement.  The only comment-worthy deviation from predictions was that Chief Justice John Roberts in this case came up with the novel notion that the U.S. government can tax anything and anyone it wants to for any reason, including non-compliance with a mandatory insurance purchase requirement, and that this punitive tax or purchase choice makes it all “OK.”

Of all the commentary and punditry that came out on Thursday after the decision, two of the most “spot on” that I saw were first) the article describing John Roberts’ “Liberal Apotheosis”:

After Thursday’s Obamacare ruling, Supreme Court Justice John Roberts became a minor deity to some liberals for voting to save Obamacare. But just days before Roberts’ apotheosis, liberals lamented that the “conservative” Supreme Court was taking America down a dangerous path.  (http://news.yahoo.com/obamacare-ruling-liberal-apotheosis-john-roberts-035207618.html)

The “Liberal Apotheosis” of John Roberts?  “Apotheosis” of course, means transformation into a god—and what did the pagan gods of Olympia or Pharaonic Egypt do?  Exactly what any god can do:  A “god” can work Miracles,  first Make and then Bend the all Rules, Change the Natural Order of Things….   I suppose my own religious notions, such as they are, posit an unchanging God defined by the phrase from the old BCP: “as it was in the beginning, it is now and ever shall be, world without end amen” which seems curiously absent from most Episcopal services these days.   I equate God with Nature, and while I believe rather fervently in Evolution, I believe Evolution operates according to certain utterly unchanging rules, such as the laws of thermodynamics, which even the discovery of man’s ability intentionally to split or fuse atoms could never quite change.

And yet the Godlike role of the Supreme Court in making and bending rules seems more than a bit undemocratic.   So that is the second part of the analysis we need to perform today: Was Roberts’ decision to side with Obamacare entirely a matter of political strategy?

 The American Concept of Constitutional Judicial Review predates Chief Justice John Marshall. The Supreme Court’s decision Chisholm v. Georgia 2 U.S. 412 (February 1, 1793)(Chisholm v Georgia, 2 U.S. 419, February 1 1793triggered the (I would now say very unfortunate) move to enact the 11th Amendment during the First Term of the Presidency of George Washington.  But Chief Justice Marshall’s notions of judicial review shaped the Court, much to his cousin Thomas Jefferson’s dismay and disgust.   I recall hearing the story of Marbury v. Madison and judicial review in my Freshman year at Tulane, from Professor Jean Danielson in Political Science H103, where I met my long-time college years best friend John K. Naland, now a long-time veteran of the U.S. State Department.  Professor Danielson explained the political genius of Marbury v. Madison was that it empowered the Court while respecting the political boundaries of the time.  Chief Justice Marshall knew that, as President Adams’ last major appointee, any decision made in favor of the appointment of Adams’ minor “midnight judges” including William Marbury would simply be ignored by the new Democratic-Republican administration of Jefferson (with James Madison as secretary of state and the defendant in the case) as an act of political partisanship on the part of a Federalist appointee favoring Federalist appointees.  On the other hand, to uphold Secretary of State Madison’s power to refuse to honor the appointments made by President Adams would seem like craven capitulation without legal or moral integrity.  So, in a result which no one ever anticipated, Chief Justice John Marshall carefully reasoned and soundly declared the statute authorizing the appointment of Magistrates in the District of Columbia to be an unconstitutional act in excess of Congress’ power under the Constitution—and the role of the U.S. Supreme Court as Constitutional arbiter of the United States was established forever—or, at least, for a long time.

That particular “long time” ended in 1936, which, as a another commentator/pundit on the Obamacare decision pointed out, was the last time in history that the United States Supreme Court overturned a major piece of Congressional legislation as Unconstitutional.    Franklin Delano Roosevelt’s first term as President was unlike anything the United States had ever since, including George Washington’s First Term.   In Washington’s First Term, the constant debate in Congress was whether the Federal Government had power under the Constitution to do much of anything at all.  The spirit was decidedly “conservative” in the sense of cautious, even as a new nation conceived in liberty and dedicated to the proposition that all men are created equal was being launched as a more formally organized “corporate” type of enterprise (the Articles of Confederation were much more analogous to a “partnership” among the States—with each partner having a nearly full veto power).

During FDR’s First Term, there were also many in Congress who asked whether the Federal Government had the power to do a great many of the things the New Deal proposed to do, from the NRA to the TVA (National Recovery Administration to the Tennessee Valley Authority).  But from 1933-1937, such questions were not asked in a cautious or even skeptical voice regarding what Congress and the Federal government could legitimately do, but in the desperate and panicked voice of people who saw and feared “you are taking our lives, our fortunes, our sacred honor” from us.  Those people sought recourse against the reckless usurpation of Federal Power in the Supreme Court, and in the years 1933-1937, the Supreme Court struck down 29 Congressionally passed statutes signed by the President as part of the New Deal.

Roosevelt’s first hundred days and all that followed provoked an unprecedented clash between the Supreme Court Justices and the “New Deal” alliance of the legislative and executive branches. At Roosevelt’s instigation, Congress in the 1930s enacted a series of laws ostensibly, supposed, aimed at ending the Great Depression and restoring the nation’s economic well-being, but in fact aimed at shoring up the American Elite, especially the Banking system, from the threat of a Communist and/or Fascist revolution analogous to those taking place in Europe at the same time.  Of eight major “program” statutes to come before the Court, only two were upheld. Laws that were struck down included the Agricultural Adjustment Act of 1933, the National Industrial Recovery Act of 1933, and the Bituminous Coal Conservation Act of 1935.  The Court came under heavy fire for its decisions, and Roosevelt proposed a controversial plan to increase the size of the Court, presumably to ensure a majority sympathetic to the New Deal.

Shortly after the plan was proposed, the Court defused the issue by upholding a series of revised New Deal laws.  Dominated by economic conservatives, to which group even late 19th/early 20th Century “Progressives” such as Oliver Wendell Holmes were (by comparison, anyhow) the Court threw out numerous laws Congress enacted to protect workers and consumers. The conflicts peaked in 1936. The Court threw out twenty-nine laws during that period, but the last of these was in 1936, when when the court invalidated a federal law that limited work hours and prescribed minimum wages for coal workers.

Everything changed in 1937 when, FDR Proposed the Judicial Procedures Reform Bill of 1937 on March 9 of that year in one of his legendary “Fireside chats” whereby he jumped over the Congress and all Constitutional Separation of Powers and asked the American people directly to endorse and support his programs.  The public reaction was overwhelmingly negative, almost the first time the 33rd President had seen any of his initiatives draw such opposition.  But the Justices of the Supreme Court saw the writing on the wall—mene, mene, tekel upharsin—and when faced with the two major cases challenging Social Security (the ultimate authority and most direct antecedent for Obamacare), the Supreme Court ruled in favor of the most massive fraud ever perpetrated on the American people—the law creating a “Social Security Trust Fund” with the bribed cooperation of the States—into which Social Security Trust Fund not one dime of real money (certainly not one dime of the 14 Trillion dollars paid since 1937 in Social Security Taxes) has ever been paid.

Helvering v. Davis (05-27-1937 Helvering v Davis 301 US 619 57 SCt 904 Jusice Cardozo endorses the SS Trust Fund Fraud) and Steward Machine Company v. Davis (Charles C Steward Mach Co v Davis) thus effectively marked the end of the Supreme Court as an independent branch of government.  The new mantra was not “that government is best which governs least” but instead, “The concept of the general welfare is not a static one”…. “Needs that were narrow or parochial a century ago may be interwoven in our day with the well-being of the nation. What is critical or urgent changes with the times.”   (Helvering v. Davis, 301 U.S. 619, 641, 57 S.Ct. 904, 909, 81 L.Ed. 1307, 1315 [1937])

From that time forward Courts held that there appeared to be only four (all extra-constitutional) prerequisites to a finding that a spending clause measure and condition attached to it are valid: (1) The federal power is used for a legitimate national purpose, i.e., promotion of the general welfare (Charles C. Steward Machine Co. v. Davis, 301 U.S. 548 at pp. 585–590, 57 S.Ct. at pp. 890–92 [1937], 81 L.Ed. at pp. 1290–1293); (2) the condition is related to a legitimate national goal (Charles C. Steward Machine Co. v. Davis, supra, at pp. 590–591, 57 S.Ct. at pp. 892–93, 81 L.Ed. at pp. 1292–1293; See also Note, Federal Grants and the Tenth Amendment: ‘Things As They Are’ and Fiscal Federalism (1981) 50 Fordham L.Rev. 130, 140–141); (3) the condition is related to the purpose of the federal funds whose receipt is conditioned (FCC v. League of Women Voters (1984) 468 U.S. 364, 104 S.Ct. 3106, 3132, 82 L.Ed.2d 278, 309 (Rehnquist, J. dissenting); State of Okl. v. Schweiker, 655 F.2d at pp. 407, 411); and (4) the condition is unambiguous (Pennhurst State School v. Halderman,  451 U.S. at p. 17, 101 S.Ct. at pp. 1539–40 [January 23, 1984])(Pennhurst State School And Hosp v Halderman).
It was in the spirit of such a “living constitution” that Chief Justice John Roberts allied himself with the enemies of limited government on June 28, 2012.  And it is in that sense, much like the Supreme Court in 1937, ruling in Roosevelt’s favor in both of the Social Security Cases, Helvering and Charles Steward above, that Chief Justice John Roberts “saved the Supreme Court” (http://news.yahoo.com/blogs/power-players-abc-news/did-chief-justice-roberts-save-supreme-court-103301790.html).  More likely, Chief Justice John Roberts just danced on Chief Justice John Marshall’s grave and said, “You think that failure to follow the Constitution is Judicial Treason?  Well, let’s see what you’re going to do about it now.”  According to that same article, Chief Justice Roberts had told the Senate at his confirmation hearings:
“Judges are like umpires. Umpires don’t make the rules; they apply them,” said Roberts at the time. “The role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ballgame to see the umpire.”

Now, strangely enough, Chief Justice John Marshall wrote a very different kind of opinion in 1820:

The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty.  Cohens v State of Virginia, 19 U.S. 264, 5 L.Ed. 257, 6 Wheaton 264 (March 3, 1820)

There is a great deal of confusion among the commentators and pundits, I think, about what “Judicial activism” really means.  I would NOT call Chief Justice John Marshall a Judicial Activist—although, indeed, he advocated throughout his 35 years on the bench a considerably more positive role for the Court in preserving the Constitution than Chief Justice John Roberts has shown to date.  “Judicial Activism” does not mean “striking down unconstitutional laws”—“Judicial Activism” as a term should be reserved for reshaping or restructuring the laws in the absence of Congressional Authority to do so.  The “Warren Court” from 1953-1971 was the epitome of “judicial activism”—the Supreme Court during those two decades effectively rewrote the laws of the United States and told CONGRESS and the STATES what to do, rather than vice-versa.

In the case of Obamacare, Chief Justice John Roberts acts his role as an umpire very poorly.  He has seen the foul, called it (under the commerce clause) and “covered it up” under the guise of the taxing power, which (in reality) is even less constitutionally justified than the commerce clause rationale (which at least has the past 75 years of tradition—however illegitimate, behind it).

And so was the U.S. Constitution rewritten in 1937 to allow for first the “relatively” modest program of Social Security and now, 75 years later—on the occasion of the 75th Annual Hunger Games (cf. Suzanne Collins, Catching Fire [2009] and Mockingjay [2010], both New York: Scholastic Press)—Obamacare comes forward to cap the fraud by, in Chief Justice John Roberts’ view—a non-coercive, mere “Tax” on those who do not buy governmentally mandated insurance… and of course, jail for those who do not pay their taxes.

SO WHAT IS THE SHORT-TERM SOLUTION?  NULLIFY OBAMACARE!  I should say that, without any hesitation whatsoever, I absolutely endorse and support the Tenth Amendment Center’s position on Obamacare (this Los Angeles based think tank is just one of the brightest stars on the Political Horizon—of our New Red Dawn):

Now that the Supremes have crushed Constitutional limits once again, the next step is to focus all our energy on a state and local level to NULLIFY this – and every other – unconstitutional act.
We have model legislation for yor state.  Ready to go right now.  Press your state reps to introduce this bill today, or for the next legislative session.
http://tenthamendmentcenter.com/legislation/federal-health-care-nullification-act/
Please SHARE this information widely!
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We need your help to continue this work, and help people take the next step at the state level.  Please join us, and help nullification happen!  Whether it’s $500 or $5, every bit of help right now is crucial!
Please visit this link to help now:
http://tenthamendmentcenter.com/donate/
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Thomas Jefferson told us that when the government “assumes undelegated powers” a nullification is THE “rightful remedy”
James Madison said that states were “duty bound to interpose….to arrest the progress of evil”
Today’s ruling is an assumption of undelegated powers, and evil is advancing.  The time to act in support of nullification in your area is NOW!  Please share the model legislation for Obamacare with as many people as possible, and please chip in as generously as possible to help us push this campaign aggressively.
While the task is difficult, our cause is just.
Concordia res parvae crescunt,
(small thing grow great by concord)
Michael Bolding
Tenth Amendment Center
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Our mailing address is:
Tenth Amendment Center
123 S. Figueroa St
Suite 1614
Los Angeles, CA 90012
Our telephone:
213.935.0553

AND WHAT DO I DO AS I WATCH ALL THIS TRANSPIRE?

I sigh.  I cry.  And sometimes I just want to lie down and die.  This is not the land of my birth, even though on the map it generally looks like it should be the same country as it was in 1960.

The transformation over the past fifty two years is simply horrific.  52 years was a key cycle of time among the Aztec, Maya, Mixtec, Tarascans & Zapotec in ancient Mesoamerica, and I can only say that I feel a certain sympathy for how an Aztec born in 1518 might have felt looking at the wreckage of his once proud nation in 1570 after 52 years of Spanish conquest, rape and pillage.  Like an Aztec born in the last year before the arrival of the Spanish, I have grown up and come to age watching my own people (the American Middle Class, especially Protestants of European descent) reduced to second class status, my people’s most attractive and beautiful women taken as prizes by the conquerors, my nation’s heritage and values denigrated, suppressed and taught in the schools as nothing but “heresy” from the New World Order.

I do speak Spanish fairly well and have spent many of the happier moments in my life in Mexico and elsewhere in the Hispanic World, from Bogotá to Barcelona, and I keep in touch with many friends and acquaintances of a Constitutional mindset from those parts of the world.  When they ask me what I consider to be the greatest single constitutional development under the Presidency of Barack Hussein Obama, I tell them without hesitation: N.A.D.A.  (aka Senate Bill 1867, you know, the statute that effectively repealed the Fourth, Fifth, and Sixth Amendments that passed the Senate 93-7 last December).