Tag Archives: Stalin

33 Years (and one week) was a Long Ice Age Lifetime—May 11, 1980 to May 18, 2013—has been 33 Years and One Week

According to my old professor of Biological Anthropology, Erik Trinkaus, from whom I took several of the most amazing courses I ever had during my graduate career, Ice Age Humans (Neanderthals or Cro-Magnons) in France, Europe, and the Near East did not typically live as long as I have to date (53 years).  In fact, life expectancies were probably less than 30 years for both males and females, and if we have more burial data from older individuals, it is because anyone who lived beyond 40 was practically a godlike object of ancestor worship (OK, that’s my embellishment, not anything Erik ever actually said.  But for what Erik Trinkaus’ “thumbnail” summary opinion was, see an article which cited him in the New York Times, just for a casual and basically random example: http://www.nytimes.com/2011/01/11/science/11obneanderthal.html?_r=0).

So it is with shock, awe, and dismay that I realize now that I graduated from the College of Arts & Sciences at Tulane University 33 years and one week ago as of May 18, 2013.  That day is also illuminated by the following historical trivia:

Saturday, May 18, 2013

On this date:

Montreal, Quebec, was founded in 1642

The Siege of Vicksburg, Mississippi, began in 1863

Plessy v. Fergusson was decided in 1896

Haley’s Comet Passed by the Earth in 1910

Franklin D. Roosevelt created the Tennessee Valley Authority in 1933

Apollo 10 blasted off in 1969

Mount St. Helens’ Volcano in Washington Exploded in 1980

I graduated from Tulane University on May 11, 1980, 33 years and 1 week ago today—Oh yeah, I guess I already mentioned that….

Montreal being founded was a good thing.  Montreal is a really nice city (lots of cute little French-Canadian girls up there, and the food is great too).   I hear Vicksburg was OK before the siege, but it got kind of boring afterwards.   As for the TVA—well, I have heard the TVA was such a success that they never dared to repeat it, which is just as well, because it was essentially just another Communist-Marxist-Stalinist 5 year plan that has now lasted 80 years…. Now that’s a REALLY long time for a 5 year plan to go on….. Aside from the Federal Reserve Banking System, the TVA is the United States Government’s largest “privately” owned corporation.  That is confusing, isn’t it: how can the U.S. Government own anything privately?  Well, the TVA is set up as a private corporation, it’s employees are not US Government employees, but it is wholly owned by the Government.  In other words, the TVA operates as even even more of a “private, closely held” corporation than (a) the Virginia Company, (b) the Massachusetts Bay Company, (c) the Hudson’s Bay Company, or (d) the British East India Company ever was until after the Sepoy Mutiny let to the annexation of India to the Crown as an “Empire.”  But the sole owner of the TVA is the U.S. Government, so it’s a private corporation owned by the largest and most powerful public entity (the U.S. Government) in the world.

Anyhow, I deeply resent the passage of time.   As “the Preacher, the son of David, King in Jerusalem” wrote in the Book of Ecclesiastes:

Vanity of vanities, saith the Preacher, vanity of vanities; all is vanity.

What profit hath a man of all his labour which he taketh under the sun?

One generation passeth away, and another generation cometh: but the earth abideth for ever.

The sun also ariseth, and the sun goeth down, and hasteth to his place where he arose.

The wind goeth toward the south, and turneth about unto the north; it whirleth about continually, and the wind returneth again according to his circuits.

All the rivers run into the sea; yet the sea is not full; unto the place from whence the rivers come, thither they return again.

All things are full of labour; man cannot utter it: the eye is not satisfied with seeing, nor the ear filled with hearing.

The thing that hath been, it is that which shall be; and that which is done is that which shall be done: and there is no new thing under the sun.

10 Is there any thing whereof it may be said, See, this is new? it hath been already of old time, which was before us.

11 There is no remembrance of former things; neither shall there be any remembrance of things that are to come with those that shall come after.

At least verse five gave Hemingway a good idea for a memorable title for one of his novels….some obscure travelogue about Spanish Bullfights in Pamplona.  I think there was a precociously slutty British socialite, a Rich American Jew, a War Veteran, a couple of drunken Scots, an underage Spanish Bullfighter who ends up with the aristocratic slut……

There’s also a holographic mirror at Antoine’s Restaurant in one of the private side rooms (in the New Orleans French Quarter on St. Louis) called “All is Vanity“—it’s a picture of an exquisitely beautiful young lady, probably a close relation of those French-Canadian girls from Montreal mentioned above, whose face when seen from a different angle turns into a rather frightening death’s head skeletal neck-on-shoulder with skull still in place.  And like unto that image, the inscription over so many rural Mexican cemeteries: “Aquí se Acaba el Orgullo Mundial” (Here Endeth Earthly Pride—compare also “Under the Volcano“—both the book and the movie).

As of the 33 years that have passed since my graduation Phi Beta Kappa, Magna cum Laude, from Tulane.  Well, “what profit” indeed have I to show for my labour?   I suppose I have learned a lot.  But have I put it to good use?  Continuing from the first Chapter of Ecclesiastes:

13 And I gave my heart to seek and search out by wisdom concerning all things that are done under heaven: this sore travail hath God given to the sons of man to be exercised therewith.

14 I have seen all the works that are done under the sun; and, behold, all is vanity and vexation of spirit.

15 That which is crooked cannot be made straight: and that which is wanting cannot be numbered.

16 I communed with mine own heart, saying, Lo, I am come to great estate, and have gotten more wisdom than all they that have been before me in Jerusalem: yea, my heart had great experience of wisdom and knowledge.

17 And I gave my heart to know wisdom, and to know madness and folly: I perceived that this also is vexation of spirit.

18 For in much wisdom is much grief: and he that increaseth knowledge increaseth sorrow

Have I accumulated a large estate?  No and No.  I suppose, in all honesty, thanks in large part to my failed marriage and related matters: I have BLOWN a large estate sky high.   That’s an accomplishment of sorts I guess, which certainly not everyone has had the opportunity to do.

I finished a doctoral dissertation at Harvard which was immediately accepted for publication but I didn’t get around to publishing it in a timely manner and now the Peabody Museum isn’t willing to publish it under the original terms as Peabody Memoir 20 unless I completely rewrite it and resubmit it and get it approved for publication.  In other words, essentially, if I do my doctoral research (why not my doctorate?) all over again.

At the end of my 52nd I got a chipped tooth and developed dental problems which remind me of the human osteology class I had with Erik Trinkaus, using Gray’s Anatomy  (the Classic Medical School Anatomy text and reference book, not the TV soft-porn prime-time soap opera series).   I developed this broken molar problem in New Orleans.  That’s the only saving grace.  I’m finally living back in my favorite city in the USA, albeit as something of a perpetual tourist rather than a real resident (at least I go to Church more regularly than most tourists who come here, I dare say).

And in that connexion, talking of Church, today was the Feast of the Pentecost, and I have to say I think that Christ Church Cathedral on St. Charles did a better job of making Pentecost memorable than I have ever seen anywhere.  They had red-ribbon banners and parasols (and/or Chinese lanterns) representing the tongues of fire through which the Holy Ghost entered the Apostles, giving them the ability to speak in tongues.  The Church was generally draped in Red, and since I was a very small child, Red has basically been my favorite colour (my exceedingly conservative grandmother Helen worried that I might turn out a communist—but I didn’t).

And the Psalm today I noticed on Thursday when I went to the mid-day mass on my first day back from Florida.  It was Psalm 104 and it was not appointed for Thursday, but for some reason I opened the Book of Common Prayer and fixated on that Psalm, and it was the Psalm for this beautiful Sunday Service after the reading from the Book of Acts concerning the first Pentacost and the first spontaneous translations of the Gospel by the Apostles….: 

104 Bless the Lord, O my soul. O Lord my God, thou art very great; thou art clothed with honour and majesty.

Who coverest thyself with light as with a garment: who stretchest out the heavens like a curtain:

Who layeth the beams of his chambers in the waters: who maketh the clouds his chariot: who walketh upon the wings of the wind:

Who maketh his angels spirits; his ministers a flaming fire:

Who laid the foundations of the earth, that it should not be removed for ever.

Thou coveredst it with the deep as with a garment: the waters stood above the mountains.

At thy rebuke they fled; at the voice of thy thunder they hasted away.

They go up by the mountains; they go down by the valleys unto the place which thou hast founded for them.

Thou hast set a bound that they may not pass over; that they turn not again to cover the earth.

10 He sendeth the springs into the valleys, which run among the hills.

11 They give drink to every beast of the field: the wild asses quench their thirst.

12 By them shall the fowls of the heaven have their habitation, which sing among the branches.

13 He watereth the hills from his chambers: the earth is satisfied with the fruit of thy works.

14 He causeth the grass to grow for the cattle, and herb for the service of man: that he may bring forth food out of the earth;

15 And wine that maketh glad the heart of man, and oil to make his face to shine, and bread which strengtheneth man’s heart.

16 The trees of the Lord are full of sap; the cedars of Lebanon, which he hath planted;

17 Where the birds make their nests: as for the stork, the fir trees are her house.

18 The high hills are a refuge for the wild goats; and the rocks for the conies.

19 He appointed the moon for seasons: the sun knoweth his going down.

20 Thou makest darkness, and it is night: wherein all the beasts of the forest do creep forth.

21 The young lions roar after their prey, and seek their meat from God.

22 The sun ariseth, they gather themselves together, and lay them down in their dens.

23 Man goeth forth unto his work and to his labour until the evening.

24 O Lord, how manifold are thy works! in wisdom hast thou made them all: the earth is full of thy riches.

25 So is this great and wide sea, wherein are things creeping innumerable, both small and great beasts.

26 There go the ships: there is that leviathan, whom thou hast made to play therein.

27 These wait all upon thee; that thou mayest give them their meat in due season.

28 That thou givest them they gather: thou openest thine hand, they are filled with good.

29 Thou hidest thy face, they are troubled: thou takest away their breath, they die, and return to their dust.

30 Thou sendest forth thy spirit, they are created: and thou renewest the face of the earth.

31 The glory of the Lord shall endure for ever: the Lord shall rejoice in his works.

32 He looketh on the earth, and it trembleth: he toucheth the hills, and they smoke.

33 I will sing unto the Lord as long as I live: I will sing praise to my God while I have my being.

34 My meditation of him shall be sweet: I will be glad in the Lord.

35 Let the sinners be consumed out of the earth, and let the wicked be no more. Bless thou the Lord, O my soul. Praise ye the Lord.

There’s that wonderfully melancholy but self-absorbed song in Jesus Christ Superstar about the spiritual transformation of the 12.  It’s called “Always Dreamed that I’d be an Opossum” or something like that (they’re all drunk while Jesus is waiting to be arrested).  A totally appropriate thought for Pentecost, I suppose….

Equally blasphemous is my question about Psalm 104: WHY would God have created “the Leviathan….to play therein?”  (or in a more modern translation “the Leviathan, who thou created just for sport”).  Some passages in the Bible are so hard to deal with…. But on the whole Psalm 104 is so beautiful, and so evocative of the natural balance of the world.   All those lions eating other creatures at night and stuff—“It’s the CIRCLE, the Circle of Life….”

“Der Anarch”—Asserting our Sovereign Individuality and Sovereign Citizenship as not only “Anarchen” but also “Ubermenschen” is the only path to resist Totalitarianism in the United States and around the World

You see a lot of insults being heaped these days at the core Constitutional concept of “the sovereign citizen” as a political or philosophical movement these days, as if it were conjured up by a bunch of illiterate hillbillies  who just want to hide their moonshine & pot-liquor from “the feds” and the “revenuers.”  Credible reports from all over the United States suggest that local police are everywhere being taught to watch out for the dangerous “sovereign citizens” who assert their constitutional rights “too often or too loudly” as subversive terrorists.  My perspective on such matters is: MAY THE LORD OUR GOD BLESS, KEEP, AND PROTECT ALL SUBVERSIVE TERRORISTS WHO FIGHT FOR THEIR CONSTITUTIONAL RIGHTS, JUST AS HE KEPT AND PROTECTED PATRICK HENRY, GEORGE WASHINGTON, THOMAS JEFFERSON, JAMES MADISON, BENJAMIN FRANKLIN, and ANDREW JACKSON BEFORE….

And ever since Liza Mundy published my identity as an “Anarchist” (she left out the “Traditional, Jeffersonian, Southern Constitutionalist” modifiers to that label) in the Washington Post on October 6, 2009, I have repeatedly been asked to explain myself—how can I be an “anarchist?”  Doesn’t that mean I just want “chaos?”  Well, up to a point, I will admit that “chaos” to me seems preferable to computer driven and enforced high-tech “order.”  I would rather live in Early Anglo-Saxon or Norse Viking Society or at the edge of the Western Frontier in 18th Century Virginia than in any of Aldous Huxley’s Brave New World, George Orwell’s 1984, or Jerry Brown’s Barbara Boxer’s & Dianne Feinstein’s California 2013.

But it happens that living in a “leaderless” society and accepting no man as an arbiter of YOUR OWN DEFINITION of “good and evil” (or going beyond such things) has a very respectable historical pedigree….  Today I just want to celebrate Friedrich Wilhelm Nietzsche and Ernst Jünger— http://www.ernst-juenger.org.  

Ernst Jünger was an anti-Nazi German Conservative and Intellectual of the highest calibre and standing.  He lived until the age of 102, from 1895-1998, beating even my grandmother Helen for longevity (she only made it to 101).  

My political philosophy is fundamentally anti-modern and therefore truly “conservative” whereas Naziism, like George H.W. Bush’s & George W. Bush’s Socialist-Corporatism (which includes Obama and the Clintons, by the way), is fundamentally modernist—embracing technology as a means of oppression and control by monitoring.  

No  “Traditional, Jeffersonian, Southern Constitutionalist” could possibly tolerate the Department of Homeland Security, the National Defense Authorization Act, or any of the now thousands of related executive orders.  GHW Bush, GW Bush, WJ Clinton, HR Clinton, and BH Obama are all fundamentally students and followers of Stalin, Mao, and perhaps even Hitler. (1) 

I am much more a student and follower of Ernst Jünger.

Jünger was among the forerunners of magical realism—a very broad topic into which I think you could integrate everything from Joss Whedon’s Buffy-the-Vampire Slayer TV Series to Terrance Malick’s films (include “To the Wonder” and “Tree of Life”).  A friend of mine from the Ukraine recently commented that Jünger’s view of life and the current historical trajectory involves the “re-mythologization of the world,” the protection, preservation, and restoration of individual imagination, instinct, intuition as major factors in world politics and society.  

My supplement to this is that all historical interpretations and political philosophies are essentially mythologies informed by more-or-less gross reorderings of the events of individual, local, regional, national, continental, and global existence.  The mythology of American Constitutional Law depends entirely (these days) on the so-called “Civil War” of 1861-1865, except to the degree that it is supplemented by the post-1945 One World Religion of the Taboo Holocaust and the Credal virtues of the United Nations.

Jünger’s vision in The Glass Bees (1957, German title: Gläserne Bienen), of a future in which an overmechanized world threatens individualism, could be seen as a direct critique of Artificial (robotic) Intelligence and even this “Aryan Traditionalism” you’re looking at (which reminds me so much of “The Santa Fe Plateau and New Age Alchemy” of Yosi Taitz, Daylight Chemical, and similar companies….)

Jünger was an entomologist as well as a soldier and writer, a “manly man” but sensitive poet with training in botany and zoology, as well as a soldier, his works in general are infused with tremendous details of the natural world.

One of Jünger’s most important literary contributions was the metahistoric figure of Der Anarch (“the sovereign person”), which evolved from his earlier conception of the Waldgänger, or “Forest Goer”.  Der anarch is Jünger’s answer to the question of survival of individual freedom in a totalitarian world, and it is ten thousand times more relevant today than it was 57 years ago as he was writing.  It is developed primarily through the character of Martin Venator in his novel Eumeswil.   Der Anarch IS not only the original “Sovereign Citizen”, at least the original “post Hitlerian” sovereign citizen, he is also a Nietzschean Ubermensch, with the capacity to retake his sovereignty from tyrants and maintain it, like the Superman, even in the forest, even in the Mountains, even in the Desert.

I totally believe in the sovereignty of each person and I hate the notion that the sovereign citizen has become the object of such ridicule in our society—a terrorist profile in the target of DHS.  What is clear is that we need to reassert our freedom in more articulate and fluent ways.  Fluency is required and intellectual heritage must be asserted because of the intellectual snobbery bred into us and our by the 20th century.  This snobbery led to such atrocious and fraudulent (incomprehensible) disasters as George W. Bush having degrees from both Harvard and Yale (it’s amazing what money can buy) and Obama attending Columbia, Harvard, and (worst of all) actually teaching at the University of Chicago—teaching constitutional law, no less, at MY alma mater as a successor to Michael W. McConnell—a concept which simply shocks and derails me.

Academic snobbery, which L. Frank Baum once ridiculed as a “Wogglebug Education” even after the Wizard’s dispensation of Brains to the Scarecrow was not a factor in the foundation of America, by men whose minds and mental capacities are simply beyond equal anywhere. No, lack of degrees and academic affiliation quite simply didn’t bother the extremely well-educated under-institutionalized Founding Fathers of the USA such as Patrick Henry and Benjamin Franklin one little bit….and didn’t actually have much of an impact on intellectual or philosophical careers in the 19th century either—consider that Richard Wagner never went to a music conservatory, Charles Darwin dropped out of Medical School and only grudgingly completed a degree in divinity at Cambridge, which he, oddly enough, never really used….and the lack of formal education completed by such legendary U.S. Presidents as Andrew Jackson and Abraham Lincoln is a part of every schoolboy’s and schoolgirl’s learning—or at least it used to be before modern education norms set in.

In this same spirit, Ernst Jünger rejected all the titles and honors offered him by Hitler’s Third-Reich, and when assigned as a cultural attachee during the occupation of Paris, chose to hang out with subversive and degenerate artists…  This is the true legacy of a genuine Anarchist, and the world would do well to remember how important the “leaderless” spirit can be when “Obama’s going to change things….Obama’s going to make it happen” as some of the children’s school songs now go….

(a)  Unlike so many modern critics of 20th-21st century totalitarianism, I cannot automatically group Hitler, Mussolini, and Franco in the same list as Stalin and his Soviet successors, or Roosevelt and his Keynsian modern American Successors. I think Hitler was in fact much more of an ordinary person than any of these others, but at the same time he had higher and more “humane” [i.e. romantic, not necessarily rational or sensible] ideals than either of the Bushes, the Clintons or Obamas, however grotesquely inept he may have been in achieving, implementing, or realizing those ideals.

A Prayer for True Memory and History on the 206th Anniversary of the Birth of Robert Edward Lee, Commanding General of the Army of Northern Virginia, President of Washington & Lee University

Since December 9, 2012, I have been staying in the French Quarter, about a 20 minutes to half an hour leisurely walk to Lee Circle where a high pedestal support’s a statute of one of Virginia’s most famous sons, forever looking north because “you never turn your back on the enemy.”  My grandparents raised me to celebrate Marse’ Robert’s birthday and remember and study his life and heroism, both before, during and after the War Between the States.  I have never had any problem keeping his memory because I think he represents all the good values that were and ever could be called “American”—he was an exceedingly intelligent man of principles including loyalty and devotion, hard work, individual responsibility, skill and excellence.

This year I have not yet visited Confederate Memorial Hall, just south of Lee Circle.  It is probably the longest I have ever been in New Orleans without paying at least a quick visit, and there are many reasons for this but one is that it is no longer officially called “Confederate Memorial Hall” but has been recently rechristened “Louisiana’s Civil War Museum at Confederate Memorial Hall.”

Nothing is more insulting to Lee’s Memory or to the Heritage of the South in general and the Confederate States of America in particular than to refer to the War of 1861-1865 as “the Civil War.”  From the Southern adn Confederate standpoints, that War was as much the “American Civil War” as World Wars I and II were the “European Civil Wars.”   The analogy is fair enough only to the degree that after World War II, first the European Economic Community (E.E.C.) and then the European Union both sought to transform Europe into a new, single Continental Nation.  

The first movie ever filmed to be seen commercially by more than a million people was D.W. Griffith’s “Birth of a Nation”, released in 1915, based on a historical novel entitled “the Klansman.”  The new nation born during and after the War Between the States was a centralized Republic with a top-heavy Federal Bureaucracy modeled very generally on the economic controls imposed top down from the Imperial Central in the later Roman Empire in a manner which has come to be known as “Byzantine.”

On this 206th Anniversary of the Birth of Robert Edward Lee, son of  Governor Light Horse “Harry” Lee of Virginia, I pray that the honour and integrity of the South will be properly remembered, along with Lee’s individual, unique and irreplaceable, un-reproducable honour and integrity.  

I pray that people will start learning history more fully and accurately, and above all critically, with the understanding that the victors always write history, but that victory in war is not in fact justice in the eyes of God, despite what many of us, including many of us Southerners, believe about the value of “trial-by-battle” in the Mediaeval sense of “Justice by Duel.”  

Even in Mediaeval legal theory, Duels were ONLY fairly calculated to result in a decision by God when the two parties to the duel are equally equipped, armed, trained and skillful.  The armor and the horses had to be comparable and equivalent, and a weaker person had the right to appoint a “champion” to fight in his or her place, as Ilsa von Brabant famously did in Richard Wagner’s opera “Lohengrin” which even preserved the notion of combat only coming “at high noon” so that the sun would be in neither combatant’s eyes at the outset.   The title of one of the finest Western movies about a duel, Gary Cooper’s “High Noon” (1950) also retains this reference to the equality of the Sun God (Shamash) who presided over such duels (judicially approved and jury-supervised “trials-by-combat”) even in Ancient Akkad, Asshur (Assyria), and Babylon.

I pray that even under the Dark Skies of the Obama Presidency and all the propaganda coming out in this day and age, that a more just and inquiring notion of history will prevail in the collective, cultural memory of America, and that the virtue and dignity of the Southern and Confederate Constitutional position be realized and recognized, and the glory given to the Victorious Yankee North be tempered by the reality that northern industrialism produced the same identical level of misery and deprivation among white workers as was chronicled by Charles Dickens in England and Victor Hugo in France.  

I pray that people will understand that if we weep for Fantine and her plight in Les Miserables (published precisely in 1862, during the first full year of the War Between the States), we must also recognize the condition of “Free” labor in the North and Europe was in a hundred ways worse and more depraved than the plight of black slaves in the South.  If in no other, this is true in one major regard: only an insane slaveholder would really work his slaves to death, without caring for them as human beings, in that slaves were wealth and capital, and senselessly to destroy the life or health of a slave was like throwing gold into the sea or burning paper money backed by real gold (unlike the trash Federal Reserve Notes we use today).

By contrast, as shown in Dickens’ writings and Hugo’s, and as analyzed by Karl Marx and Frederich Engels and their followers, “free” laborers in the mid-19th Century in the North had no life-long security whatsoever.  

As soon as the “free laborer’s” strength or health should start to fail, that free laborer’s productivity declined or perhaps he was eaten up by the very machines he tended due to “assumption of the risk” by accepting employment.  The “Free Labor” capitalist therefore had a strong motivation to dismiss his worn out workers and throw them into the streets, a version of the “hellish life” captured in Les Miserables was worse than death itself. This reality was revisited (1998) by Joss Whedon in an Episode of Buffy the Vampire Slayer called “Anne” in which the residents of Hell work in a 19th Century style factory until they are exhausted and old (in just a short time as it turns out) and thrown back out on the streets of modern Los Angeles to live as homeless derelicts.

All these realities need to be weighed against the supposed virtuous abolition of slavery. And accordingly, I pray that people will begin to think and remember and reflect not only about the history of the 19th century, but of the 20th and even our own times.  Were we the victors REALLY the more virtuous parties in World Wars I and II, for example?  In World War I, the answer is a fairly certain absolute NO.  In World War II, the mythology has grown into a reality and even a political constitution and ecumenical social theory so thick that it is almost impenetrable.  

But if we look, again, at the details, and if we dare to compare the early German rockets or “Buzz Bombs” sent by Wernher von Braun against London in 1944-45 with the American A-Bombs dropped on Hiroshima and Nagasaki, I think we will see that the American weapons were a far more sinister manifestation of technology.  What about the senseless fire-bombing of Dresden in 1945 when the war was almost over?  

Then if we look at the Soviets, whom we supported, and what they did to their own populations (Stalin’s purge of “the Kulaks” for instance, beginning in 1928), was our side as a whole really better than the Germans?

Even if the worst stories are true about German antisemitism, “ethnic cleansing”, and other population reorganizations and purges, no one can state that the Germans actually moved or relocated anywhere nearly as many millions of people as the Soviets and their allies forcibly relocated from the German sectors of East and West Prussia, Silesia, Posen, Danzig, and Eastern Pomerania, even as millions of Poles were uprooted and moved East to replace the Eastern quarter of Germany, after 1945-46.  

The Germans of the Sudetenland were also expelled from their homes of time immemorial.  The thousand year old Eastern boundary of the German people was moved back across Poland and Czechoslovakia to fit Stalin’s plans.  Again, who was guilty of greater genocidal crimes?  Or did Stalin’s relocations of the Poles, the Belarus, the Ukrainians, and the Germans count for nothing?

An since the war, have not the Allied Powers faithfully reenacted the predictions of perpetual war as framed by George Orwell in “1984“?  Have not the Communists become indistinguishable from the Corporate leaders they supposedly fought to overthrow as Orwell similarly predicted in “Animal Farm“?  Is there not evidence that, at least since Pearl Harbor and possibly since the explosion of the Battleship Maine, the United States Government has staged more than a hundred years of False Flag attacks against its own people to make certain that this condition of perpetual warfare exists and that there are more and more justifications (like the Sandy Hook shootings in Connecticut most recently) to curtail the fundamental freedoms and liberties for which George Washington, and Robert E. Lee, spent their lives fighting?

I pray that Americans will start waking up and thinking about reality, and observe the contradictions inherent in all things, but especially in our official versions of history, and that we will work to examine our past, our present, and our futures to discover and establish deeper and more meaningful truths about the sad story which is the epic of human history.

May everyone in the World in fact look to Robert Edward Lee and the Confederate States of America as emblematic of justice defeated, of liberty lost, and of the dangers of using imbalanced thinking and propaganda as tools of social change. 

As I have written a thousand times if I’ve written it once: Chattel Human Slavery was abolished everywhere in the world (as an openly and officially legal institution, anyhow….) between 1790 and 1930. ONLY in the United States of America did the abolition of legal chattel slavery result in war, and what a coincidence that this happened 13 years after the Communist Manifesto, in a Republican Administration with so many German Communist refugees from Europe in charge, and with Karl Marx’ official blessings and endorsements—none of facts which are EVER taught in American Middle or High School history classes…

The Futility of Individualized Resistance to Collectivization: the Foreclosure Crisis is Government Policy in Action, Securitization is the Banks’ Communistic Mechanism for Confiscation

I want to deliver a very short and bitter message here: individual case litigation strategies have failed and are doomed to continued failure.  EVERY PERSON who wants to fight in court for his or her family home in Court in California must include a Constitutional Challenge to the Non-Judicial Foreclosure System and all the component statutes, but even this is not enough: the remedy is political action.  Until these statutes and the nation-wide socialistic policies which support them are obliterated, which can be reliably expected to happen ONLY through political rather than judicial action, the institutions of private property and the home-based family will continue to erode and disintegrate.  

Without MASSIVE LEGAL REFORM, there is no hope that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” will not be continually violated as it has been in millions of cases nationwide.  These mass foreclosure and eviction policies have been approved and strategies formulated by the government at the highest levels.  

(That was the short brief and very bitter message—all the rest that follows is an elaboration on these points).

I am writing today to announce firmly that I think that everyone involved in the “Anti-Foreclosure” guerilla resistance is and has been misguided, myself included.  We have to stop thinking, or even looking for ways, to succeed on an individual, case-by-case basis.  We have to organize as a community whose wealth and values are under siege.  Offering potential strategies or hypothetical solutions to individuals is just “wrong” and we’ve got to give it up.  We must organize like the abolitionists before 1861, like the labor unions from the 1880s-1920s, like the real civil rights activists of the 1950s-60s.  All our “gurus” and sources of individual advice regarding individual and isolated action, from the cosmically brilliant Neil Garfield on his wonderful “Living Lies” website, down the hierarchy through local geniuses like April Carrie Charney and Malcolm Doney in Florida, Charles Koppa and Catherine Bryan in Orange and San Diego Counties, California all the way down to Theresa Moore and Robert Garvin in Studio City and finally Peyton and me have just had it all wrong—–we have been doing more harm than good.  

We are all either engaging in false hopes or blindly misleading people to think that we can stop the seizure of homes and property in any sort of systematic way through litigation and the court system.  

Worse than that, by offering false hopes to people and engaging in one losing court-battle after another, we have been bolstering and shoring up the success of the corporate-banking enemies.

What I am writing today is that the individual case-litigation approach is a massive failure even to slowing the rates of foreclosure and eviction in California or anywhere else.  Even in Florida, at best “Anti-Foreclosure Guerillas” like April Carrie Charney, Malcolm Doney and Catherine Bryan can claim very if outright victories other than temporary delay in a small percentage, not even a statistically significant minority of foreclosures or evictions.  

The individual case strategy cannot be used to eradicate what is a society-wide systemic cancer created by the politically tempting bait of “easy credit” which was, after all, the original communist-socialist demand of the mid-to-late nineteenth century.

Because “easy credit” is by definition based on wants and desires rather than actual wealth or production, “easy credit” is the antithesis of capitalism or any sound economic system, but it sure is popular if you’re a politician….  When they said that Communism works through the ways and means of the devil, they weren’t kidding: the theory that temptation has been the path to sin and death since the Garden of Eden is not actually “just a theory” but a fairly demonstrable fact.

Even coordinated constitutional litigation cannot work because I do not think we can every achieve statewide in California, much less nationwide, anything like what I tried and failed to achieve in the family courts in Williamson County Texas in 2005-7.  What I tried in Georgetown, Texas, was to try to arouse and incite enough popular discontent and cooperative participant action among parents that we might close down the system.  I came close enough that Judge James F. Clawson commented on the fact that if he did not ban me from further litigation in the state of Texas, I would have closed down the Family Law Courts.  

But in fact we did not come anywhere close to permanently shutting down the courts by flooding them with protests and constitutionally demanding civil rights motions and litigation maneuvers.  We just got labelled “paper terrorists.”  Ok, Assistant Texas A.G. James Carlton Todd and his boss Mr. Greg Abbott actually called me “the most dangerous paper terrorist in Texas”—but that dubious distinction plus $5.00 is barely enough to buy you a coffee and pound cake at Starbucks these days.

Given the scale of the foreclosure crisis—Millions in California alone—tens of millions nationwide—1.5 million abandoned and empty homes in Florida—we have to recognize this as a problem much bigger than any of us as individuals.  

Slavery was not abolished by helping individual slaves escape through the “underground railroad” or even through individual plantation-owners granting manumission by will to hundreds or thousands of slaves upon their deaths by will.  

Decent wages in factories were never achieved by individualized negotiation for “modifications” of employment contracts—only by COLLECTIVE ACTION on the part of organized labor unions—and that is what we need in the foreclosure arena.  And in doing so we have to recognize that we face, just like the operators of the underground railway did, just as the early leaders of the labor movement did in the 1880s-1890s, the possibility of arrest and even armed suppression of our movement.  (Compare the “Haymarket Riot” in Chicago on May 4, 1886 and the much larger and more widespread Pullman Riots, also centered in Chicago but Nationwide, in the summer of 1894.)

So if we REALLY oppose collectivization of private property we cannot do so individually, we cannot oppose the government one-on-one, unless we do so as “We the People” acting politically and in concert.  To this end I would ask for contributions to take out full – page ads in the Los Angeles Times and advertise on television and radio as well as the internet.  “CALIFORNIA FORECLOSURE LAW IS UNCONSTITUTIONAL—TAKE BACK YOUR RIGHTS BEFORE THEY TAKE YOUR HOME, IF YOUR HOME HAS BEEN TAKEN, TAKE BACK YOUR RIGHTS AND YOUR HOME.

We must clearly articulate our position that: we know that the Foreclosure Crisis is Government Policy in Action, Securitization is the Banks’ Communistic Mechanism for Confiscation, and we demand an end to both the governmental policy and the (ironic as it might seem) banks’ confiscation of property by securitization.  

The outward trappings of capitalism have become the instruments of communistic confiscation and expropriation of homes and the destruction of families.  This will only end when the people demand it to end—and the Courts are not the proper arenas to do this. Courts in the United States and Europe, all known judicial systems, really, are designed at best to correct (or compensate) small variant problems and deviations from established norms.  

We who OPPOSE foreclosure and eviction, who DEMAND adherence to the common law and constitutional norms respecting contract and the right to own property according to contractual terms and rights, WE are the deviants now, and it is UP TO US to bring the law into conformity.  It is a tall order, but it is the only way we can reclaim our heritage and our RIGHTS to property—even when so much property has already been lost or destroyed.

Courts can only act as mechanisms for the imposition of widespread social and cultural change when they are expressly delegated this purpose by the political branches, as they have been during the racial civil rights movements 1948-1972 and the less well-publicized but even more historically significant family and domestic relations “reformulations” involving no fault divorce, abortion, and “sexual liberation” generally during the period starting not later than 1962 and continuing until the present time.  

Ironically, for all its internal contradictions, for all that it was an incomplete movement which only raised up one part of society by dragging down another, upgraded some statements of rights while degrading others, some of the best pro freedom statements and constitutional formulations of the law as written today owe their origins to the American Civil Rights movement.  

The civil rights movements of both the 1860s-70s (though mostly constitutional and statutory) and 1950s-60s (mostly judicial) had many positive components and results which were actually pro-freedom and anti-communist (although the movement itself was widely labelled as “communistic” by many opponents during the twentieth century—I often retell the story that among my earliest memories of highway driving in Texas and Louisiana were the “Impeach Earl Warren” signs all throughout the South and Southwest in the late 1960s).  

Again ironically, the “sexual liberation” movement and now the mortgage foreclosure crisis have undone many of the positive, pro freedom, effects of the civil rights movement by creating new forms of oppression (as indeed have some statutory civil rights programs—as distinct from a strong majority of the judicial decisions of the civil rights quarter century noted, 1948-1972).  

But the mortgage foreclosure crisis appears to be completing what was worst in both the civil rights and sexual liberation movements: the final destruction of the home-based family and stable neighborhood community.  In fact, it is fair to say that, on the populist activist level, it would now be impossible to have a civil rights movement analogous to the one that started after World War II, because NO COHERENT COMMUNITIES OF ANY POLITICALLY SIGNIFICANT SIZE REMAIN IN AMERICA TODAY—we are truly a nation of transients).

For fifteen years now, since 1996, I have been involved almost continuously in Civil Rights litigation of one species or another against State and Corporate abuses of individual rights and personal autonomy, against takings of liberty & property without due process of law.  I started off fighting the Sheriffs and Police Departments in Central Texas, disputing their claims of “qualified immunity” to abuse the rights and autonomy of people on a random and unsystematic basis, almost like criminals or terrorists.  I then graduated to believing the problem took a more systematic form with a plan to destroy the individual and family regularly and predictably, and that the root of problem lay with judicial immunity and the Court system, especially the Family or Domestic Relations Courts.  I still believe that at both levels, our local, state, and national institutions have betrayed their birthright in liberty.

Since 2006, my focus has been primarily against the mortgage finance and credit systems.  During these five years’ time I have researched and experimented with many varieties of theories or approaches to common-law (and commercial code) holder-in-due-course doctrine, privity of contract, quiet title, securities fraud, and other pro-consumer, pro-buyer, theories.  I have tried and tested such theories at the very least in Texas, Florida, Louisiana, Michigan, Massachusetts, Connecticut, New Jersey, Colorado, Idaho, Washington, Arizona, Nevada, and (most intensely of all since 2008) California.   I know that, logically and rationally, all these theories are either correct in some absolute or historical or logical sense, but they do not work in Court in ANY SORT OF PREDICTABLE WAY. What this means is that, as a matter of any individual’s “reasonable expectation”, there is no adequate remedy at law or in equity, there is only the occasional, seemingly almost random, single decision in a thousand or so that goes the way of the owner consumer.  This is not a matter of “legal victory”, this is a matter of “playing the odds” at Roulette or Blackjack, much worse than betting on racecars, ponies, thoroughbreads, or greyhounds whose mechanical design and/or natural and innate skills can be rated and assessed objectively.

In the past five years, no two cases or situations have ever been exactly alike, but the pattern is always the same: the decks in the courthouses across the nation are stacked against the homeowner/consumer/buyer/ “borrower” or “credit applicant/credit user.”   I feel I fairly competently understand the law in only five states at the present time: California, Florida, Massachusetts, Michigan, New Jersey, and Texas (although all the Ninth Circuit States—Arizona, Idaho, Nevada, Washington—are by conscious historical design pretty close in design and execution of statutory scheme to California).   In Florida and New Jersey, the law is EXCELLENT, in that foreclosure and eviction are both by the clear requirement of the law judicial in nature, and common law modified by the commercial code is all that counts.  Yet the rate of foreclosure is astronomical in both states.  In Florida, they are dragging judges out of retirement to preside over the foreclosure epidemic in the state with the flimsiest houses (owing to both construction and lack of regular winter weather) and the nation’s longest tradition of continuous real estate fraud.  In New Jersey, there is a moratorium on foreclosure proceedings until the system “can catch up with itself” whatever that means.  

In California, the worst laws in the country are fueling the worst foreclosure epidemic anywhere in history.  I have written extensively about California Civil Code §§2924 et seq., especially 2924a, 2924i, and the related “attorney conspiracy” limitations of §1714.10.  Michigan and Texas are both “mixed” systems where judicial and non-judicial foreclosure are authorized by law, but non-judicial foreclosure has become the norm in the past decade.

It was only when I came to California in 2008 that I began to realize for certain what was really going on, and what is really going on is that the United States Government, and State Governments with more-or-less enthusiasm, are cooperating with banks and finance companies to abolish private property and turn ownership of all private interests to a state-controlled governmental-corporate conglomerate along the lines originally suggested in Karl Marx’ and Frederick Engels’ Communist Manifesto of 1848.  

      In some very real ways, the most disturbing results come from Massachusetts.  To the same degree that I believe that the Gomes v. Countrywide Home Loan case (121 CalRptr3d 819 OPINION Gomes v Countrywide Home Loans Inc Feb_18_2011) illustrates the utter futility of fighting within the law of California—(when the law itself is the enemy and unconstitutional wall-to-wall), I had thought that the Ibanez case in Massachusetts showed a glimmer of sanity and light on the East Coast US Bank Nat Ass’n v Ibanez 458 Mass 637 941 NE2d 40 (Massachusetts 2011).  Peyton’s research in Massachusetts last month (May 2011) has brought evidence to my attention that Ibanez in fact had nothing whatsoever to do with securitization and that Massachusetts law appears to expressly permit the separation of ownership of the note and ability to collect on the mortgage, and has done so for approximately 100 years.  In particular, two sections of its general laws make Massachusetts appear as bad or even worse than California in terms of its statutory scheme, although Massachusetts generally has a much “kinder and gentler” set of consumer protection laws § 9-609 Secured Party’s Right to Take Possession After Default UCC 106 Art 9 GENERAL LAWS of MASSACHUSETTS and § 9-607 Collection and Enforcement by Secured Party (these are all part of the “gentle, gradual” transition to socialism which deceptively gives the—entirely false— appearance of respect for individual rights).  The “Uniform Commercial Code Comment” for 1999 Main Volume appears to confirm that the note and mortgage may be separated in Massachusetts by stating: 

“6. Relationship to Rights and Duties of Persons Obligated on Collateral. This section permits a secured party to collect and enforce obligations included in collateral in its capacity as a secured party. It is not necessary for a secured party first to become the owner of the collateral pursuant to a disposition or acceptance.”

In other words, Massachusetts Law addresses by editing the Uniform Commercial Code what would otherwise is and should remain one of the strongest common law (and in fact, “normal” commercial code) explanations for why securitized mortgages are (everywhere else) facially illegal. It is widely known that Massachusetts and California are two of the most “socialist-tending” states in the Union—so the Ibanez case as originally (apparently, COMPLETELY misinterpreted) was a major surprise.  See also the Boston Bar Journal Comment on the case: Boston Bar Journal US BANK v IBANEZ THE MORTGAGE INDUSTRY’S DOCUMENTATION PRACTICES IN FOCUS, and for the disconnection between Massachusetts law and the rest of the United States Concerning the necessary that “note and mortgage travel together” see the Westlaw Journal Article published on Valentine’s Day: 02-14-2011 IBANEZ A 19TH-CENTURY DECISION FOR THE 21ST CENTURY.  

Now, regardless of whether California or Massachusetts has the WORST foreclosure law “on the books” the simple truth is that the law, and the way that the law is consistently applied by the courts—is the primary problem—NOT “robo signing” by the banks, NOT any of the faults or practices of the banks at all in fact—because if the Courts would enforce the common law and constitution against the financial industry, criminal and civil violations would be recognized and dealt with as such.  The problem is that the law and the Courts have effectively IMMUNIZED the Banks and financial institutions pursuant to an express government policy—very succinctly and clearly, and unambiguously identified, articulated, and described in the California Gomes opinion attached above, from February 18, 2011, that California public policy favors quick and easy foreclosure.  Foreclosure has thus become a kind of “kindly manner” of execution in this “Brave New World” in which we now live.  (Compare G.B. Shaw’s Intelligent Woman’s Guide to Socialism” which explains: 

…under Socialism…..you would be forcibly fed, clothed, lodged, taught, and employed whether you liked it or not.  If it were discovered that you had not the character and industry enough to be worth all this trouble, you might possibly be executed in a kindly manner; but whilst you were permitted to live you would have to live well.”)

One repeating mantra of the “easy credit” society is that “living well is the best revenge” but appears that in a Socialist Society—others (namely the Corporate/Governmental Intelligencia) has the power to decide on our behalf what constitutes good living.  Obviously, the choice to live austerely in the desert and contemplate truth, like the early Christian monastics known as “The Desert Fathers” would be off limits/impermissible.  I suppose “living well” means buying at shopping malls, living in government/corporate allocated housing which will be awarded based on the degree of your conformity with government/corporate policy—whatever that is—which determines whether you have or have not the character and industry enough to be worth all this trouble.”

Getting to these conclusions and understanding what’s going on has been a long and fairly painful process…..

       It is still less than ten years since, on my son Charlie’s tenth birthday, California Attorney Deborah S. Gershon, then Vice-President and General Counsel of AAMES Home Loan, Inc., informed me that AAMES could not modify any Home Loans because the notes at all been pooled and securitized.  Following up, I now find that Deborah S. Gershon (according to her profile with the California State Bar) is employed by and affiliated with another subprime lender: “Signature Group Holdings, Inc.” (owner of “Signature Capital Advisers, LLC, Fremont Credit Corporation and Fremont Investment & Loan Bank of California).  This is very interesting because Fremont Investment & Loan went through bankruptcy reorganization a couple of years ago as a direct result of some early “foreclosure crisis” litigation in Massachusetts relating to predatory lending in the sub-prime field.  See, e.g., http://masscases.com/cases/sjc/452/452mass733.html (452 Mass. 733, 2008) and also, Attorney General Martha Coakley’s press release on her $10MM settlment http://www.mass.gov/?pageID=cagopressrelease&L=1&L0=Home&sid=Cago&b=pressrelease&f=2009_06_09_fremont_agreement&csid=Cago   In short, Deborah S. Gershon has dedicated her life to the securitization of mortgages and related financial and legal endeavors.  It is apparently a very good business, and a very good line of work.  Those who had the foresight to join in that movement deserve the same respect as those who saw that the Bolsheviks were destined to rule Russia after the 1917 Revolution, that Mao Tse-Tung would triumph over Chiang Kai-shek (aka Jiǎng Jièshí or Jiǎng Zhōngzhèng in Mandarin), and that Saigon would ultimately fall to Ho Chi Minh in Vietnam (for the Vietnamese aftermath, seehttp://www.eng.hochiminhcity.gov.vn/eng/news/default.aspx?cat_id=513&news_id=12053#content “Scientific seminar on President Ho Chi Minh and the road to national salvation”).

AAMES was a pioneer in home equity loans, starting an advertising program in the late 1970s (Carter Administration) which included some fairly interesting and or amusing ads, see for example: http://www.youtube.com/watch?v=jjTzEzNT7_M&NR=1http://www.youtube.com/watch?v=CJgB335zLfc&NR=1http://www.youtube.com/watch?v=Cp5STpiAwt0.  AAMES is thus one of the earliest criminal enterprises which insinuated the concept of Easy Home Credit through the Yellow Pages into the American Consciousness as a vehicle of expanding credit regardless of productivity and wealth or REAL need—and AAMES’ was a mover in reshaping Federal and State laws to allow for the extension of such loans and the consequent expropriation of homes without due process of law.  

In one sense, the American people bear full responsibility for and complicity in this crisis up to the present time.  More certainly even than that the Germans voted Hitler and the Nazi Party into power in not one fluke but two successive national elections in 1932 and 1933, the Americans have repeated voted the supporters of easy credit and punitive and confiscatory policies leading to the expropriation of property into power.  The destruction of Germany under Hitler and during World War II, then was guaranteed by only two elections.  

The Americans have been voting soft-sell corporate socialists into power continuously for 76 years since 1932, with increasingly express enthusiasm since at least 1970 (the last “real” anti-communists to receive any electoral votes for the Presidency were Barry Goldwater in 1964 and George Wallace in 1968).  The election of 2008 saw the first election of the first avowedly, admittedly socialist President in U.S. History, and major magazine articles discussed his commitment to socialism with fanfare as “Cover” articles, but little actual controversy.  And the greatest irony was that there was not one IOTA of difference between the “avowedly socialist” policies of President Barack Hussein Obama and the “Conservative Republican” policies of George Walker Bush—Obama has yet to introduce a single policy without precedent in his predecessor’s administration more significant than his “cash for clunkers” program.  (“Obamacare” has actually been “in the works” since 1993 during Hillary’s first term in the White House….. yes, if Paula Jones and Monica Lewinsky made anything clear about Bill Clinton, it was that if anyone was wearing the pants in the White House during the first term, it certainly was NOT him….and in fact Hillary’s support for health care reform back then was well-known and publicized).  

The highly controversial “individual mandate” for healthcare has been a socialist threat since the 1920s.  Samuel Gompers, an early American union leader, founder of the American Federation of Labor (A.F.L.) and contemporary of Eugene Debbs, argued against the individual mandate as early as January 22, 1917:

“Compulsory social insurance is in its essence undemocratic and it cannot prevent or remove poverty.  The workers of America adhere to voluntary institutions in preference to compulsory systems, which are held to be not only impractical, but a menace to their rights, welfare, and their liberty.  Compulsory sickness insurance for workers is based on the theory that they are unable to look after their own interests and the state must use its authority and wisdom and assume the relation of parent and guardian.”

If Gompers could see the “individual mandate” coming in January of 1917, it is not so surprising that we now HAVE IT as enacted law today, in June 2011, despite considerable resistance in the courts and public mind.

And the general proposition that socialism would be imposed by stealth on the United States people without their realizing it has been around since at least 1947, when Harvard’s famed professor of history (and CUNY “Albert Schweitzer Professor of the Humanities”) wrote in an oft-quoted essay:

IF SOCIALISM (i.e. OWNERSHIP BY THE STATE OF ALL SIGNIFICANT MEANS OF PRODUCTION) is to preserve democracy, it must be brought about step by step in a way which will not disrupt the fabric of custom, law, and mutual confidence upon which personal rights depend.

         That is, the transition must be piecemeal; it must be parliamentary; it must respect civil liberties and due process of law Socialism by such means used to seem fantastic to the hardeyed melodramatists of the Leninist persuasion; but even Stalin is reported to have told Harold Laski recently [remember this was written in 1947] that it might be possible.  . . . There seems no inherent obstacle to the gradual advance of socialism in the United States through a series of New Deals.  

        Socialism, then, appears quite practical within this frame of reference, as a longtime proposition.  Its graduate advance might well preserve law and order…. the active agents in effecting the transition will probably be, not the working classes, but some combination of lawyers, business and labor managers, politicians, and intellectuals, in the manner of the first New Deal.  

Quoted in John A. Stormer’s 1964 None Dare Call it Treason, Ch. XIII, Economics & Government: 199.

I submit to you that we find ourselves in a critical moment of history.  I oppose collectivism because I want to own my home and all its contents.  If people steal my home and all its contents under any pretext which violates my common law contractual and constitutional rights, I want them to be held liable as thieves and compelled either to restore my property to me or to compensate me very richly for the loss of the same.  I have in fact lost two homes and their valuable movable content to such “predatory lending practices”, once in Texas and once in California, both times in 2009.       I don’t think it is a coincidence that these criminal acts happened during the first full year of the first term of the first openly socialist President of the United States.  Expropriation and confiscation and destruction of private property are, in essence, a core part of the socialist way of life, mandated by the express terms of the Communist Manifesto of 1848.  

      How do you feel about your homes and property, if you still have them OR if you’ve already lost them?  Do you believe that those who oppose collectivism are routinely discredited by smears as I and so many others have been?  Do you believe that we should all accept that we “can’t fight city hall” as our philosophy and settle down to “exist” within the framework of a completely-controlled, federally dominated economy and culturally decimated way of life?  Do you feel that politicians should avoid genuine controversy, and focus on emotionally “hot” issues which are tangential to the choices we have to make that will define our own and our children’s way of life for hundreds of years to come?  

Should we all just look to our own individual interests or should we band together and fight until the laws which permit Collectivisation of our Society and the Confiscation and/or Expropriation of all that we own are repealed and or overturned?

NONE OF THESE THINGS WILL EVER OCCUR THROUGH INDIVIDUAL CASE-BY-CASE LITIGATION.  NONE OF US WILL EVER REALLY OWN PRIVATE PROPERTY AGAIN UNTIL ALL OF US CAN OWN PRIVATE PROPERTY and, within the words of the Fourth Amendment, know for sure that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,” either by the Federal Government, the State Government, Local Sheriffs, or Privateering Real Estate Pirates Like Steven D. Silverstein and all the other marauders like him who operate “under color of law” in California and nationwide.

California Prisons (Brown v. Plata): Will this Result in Legal Reform or More Prison Building?

Overflowing Prison Populations Result from a Disgracefully Excessive and Oppressive “Justice” System (not a real crime wave)—the laws of the United States, but especially the People’s Republic of California, make every member of society either a real or potential criminal—releasing even 90% of these prisoners would not make society any more dangerous, while putting about 50% of the Judges and Prosecutors behind bars might be a major improvement in the quality of life generally….and restore at least part of the American Dream of Freedom to California

BROWN v PLATA:  2011 WL 1936074
Only the Westlaw citation is currently available.
Supreme Court of the United States
Edmund G. BROWN, Jr., Governor of California, et al., Appellants,
v.
Marciano PLATA et al.

(Full Text of Monday’s Decision is attached here in adobe.pdf: Brown v Plata May 23 2011 and microsoft word:Brown v Plata May 23 2011 )

No. 09–1233.
Argued Nov. 30, 2010.Decided May 23, 2011.
Syllabus*
*1 California’s prisons are designed to house a population just under 80,000, but at the time of the decision under review thepopulation was almost double that. The resulting conditions are the subject of two federal class actions. In Coleman v. Brown,filed in 1990, the District Court found that prisoners with serious mental illness do not receive minimal, adequate care. A Special Master appointed to oversee remedial efforts reported 12 years later that the state of mental health care in California’s prisonswas deteriorating due to increased overcrowding. In Plata v. Brown, filed in 2001, the State conceded that deficiencies in prisonmedical care violated prisoners’ Eighth Amendment rights and stipulated to a remedial injunction. But when the State had not complied with the injunction by 2005, the court appointed a Receiver to oversee remedial efforts. Three years later, the Receiver described continuing deficiencies caused by overcrowding. Believing that a remedy for unconstitutional medical and mental health care could not be achieved without reducing overcrowding, the Coleman and Plata plaintiffs moved their respective District Courts to convene a three-judge court empowered by the Prison Litigation Reform Act of 1995 (PLRA) to order reductions in the prisonpopulation. The judges in both actions granted the request, and the cases were consolidated before a single three-judge court. After hearing testimony and making extensive findings of fact, the court ordered California to reduce its prison population to 137.5% of design capacity within two years. Finding that the prison population would have to be reduced if capacity could not be increased through new construction, the court ordered the State to formulate a compliance plan and submit it for court approval.
Held:
1. The court-mandated population limit is necessary to remedy the violation of prisoners’ constitutional rights and is authorized by the PLRA. Pp. –––– – ––––.
(a) If a prison deprives prisoners of basic sustenance, including adequate medical care, the courts have a responsibility to remedy the resulting Eighth Amendment violation. See Hutto v. Finney, 437 U.S. 678, 687, n. 9, 98 S.Ct. 2565, 57 L.Ed.2d 522. They must consider a range of options, including the appointment of special masters or receivers, the possibility of consent decrees, and orders limiting a prison’s population. Under the PLRA, only a three-judge court may limit a prison population. 18 U.S.C. § 3626(a)(3). Before convening such a court, a district court must have entered an order for less intrusive relief that failed to remedy the constitutional violation and must have given the defendant a reasonable time to comply with its prior orders. § 3626(a)(3)(A). Once convened, the three-judge court must find by clear and convincing evidence that “crowding is the primary cause of the violation” and “no other relief will remedy [the] violation,” § 3626(a)(3)(E); and that the relief is “narrowly drawn, extends no further than necessary …, and is the least intrusive means necessary to correct the violation,” § 3626(a)(1)(A). The court must give “substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief.” Ibid. Its legal determinations are reviewed de novo, but its factual findings are reviewed for clear error. Pp. –––– – ––––.
(b) The Coleman and Plata courts acted reasonably in convening a three-judge court. Pp. –––– – ––––.
*2 (1) The merits of the decision to convene are properly before this Court, which has exercised its 28 U.S.C. § 1253 jurisdiction to determine the authority of a court below, including whether a three-judge court was properly constituted. Gonzalez v. Automatic Employees Credit Union, 419 U.S. 90, 95, n. 12, 95 S.Ct. 289, 42 L.Ed.2d 249. Pp. –––– – ––––.
(2) Section 3626(a)(3)(A)(i)‘s previous order requirement was satisfied in Coleman by the Special Master’s 1995 appointment and in Plata by the 2002 approval of a consent decree and stipulated injunction. Both orders were intended to remedy constitutional violations and were given ample time to succeed—12 years in Coleman, and 5 years in Plata. Contrary to the State’s claim, § 3626(a)(3)(A)(ii)‘s reasonable time requirement did not require the District Courts to give more time for subsequent remedial efforts to succeed. Such a reading would in effect require courts to impose a moratorium on new remedial orders before issuing apopulation limit, which would delay an eventual remedy, prolong the courts’ involvement, and serve neither the State nor the prisoners. The Coleman and Plata courts had a solid basis to doubt that additional efforts to build new facilities and hire new staff would achieve a remedy, given the ongoing deficiencies recently reported by both the Special Master and the Receiver. Pp. –––– – ––––.
(c) The three-judge court did not err in finding that “crowding [was] the primary cause of the violation,” § 3626(a)(3)(E)(i). Pp. –––– – ––––.
(1) The trial record documents the severe impact of burgeoning demand on the provision of care. The evidence showed that there were high vacancy rates for medical and mental health staff, e.g., 20% for surgeons and 54.1% for psychiatrists; that these numbers understated the severity of the crisis because the State has not budgeted sufficient staff to meet demand; and that even if vacant positions could be filled, there would be insufficient space for the additional staff. Such a shortfall contributes to significant delays in treating mentally ill prisoners, who are housed in administrative segregation for extended periods while awaiting transfer to scarce mental health treatment beds. There are also backlogs of up to 700 prisoners waiting to see a doctor for physical care. Crowding creates unsafe and unsanitary conditions that hamper effective delivery of medical and mental health care. It also promotes unrest and violence and can cause prisoners with latent mental illnesses to worsen and develop overt symptoms. Increased violence requires increased reliance on lockdowns to keep order, and lockdowns further impede the effective delivery of care. Overcrowding’s effects are particularly acute in prison reception centers, which process 140,000 new or returning prisoners annually, and which house some prisoners for their entire incarceration period. Numerous experts testified that crowding is the primary cause of the constitutional violations. Pp. –––– – ––––.
(2) Contrary to the State’s claim, the three-judge court properly admitted, cited, and considered evidence of current prisonconditions as relevant to the issues before it. Expert witnesses based their conclusions on recent observations of prisonconditions; the court admitted recent reports on prison conditions by the Receiver and Special Master; and both parties presented testimony related to current conditions. The court’s orders cutting off discovery a few months before trial and excluding evidence not pertinent to the issue whether a population limit is appropriate under the PLRA were within the court’s sound discretion. Orderly trial management may require discovery deadlines and a clean distinction between litigation of the merits and the remedy. The State points to no significant evidence that it was unable to present and that would have changed the outcome here. Pp. –––– – ––––.
*3 (3) It was permissible for the three-judge court to conclude that overcrowding was the “primary,” but not the only, cause of the violations, and that reducing crowding would not entirely cure the violations. This understanding of the primary cause requirement is consistent with the PLRA. Had Congress intended to require that crowding be the only cause, the PLRA would have said so. Pp. –––– – ––––.
(d) The evidence supports the three-judge court’s finding that “no other relief [would] remedy the violation,” § 3626(a)(3)(E)(ii). The State’s claim that out-of-state transfers provide a less restrictive alternative to a population limit must fail because requiring transfers is a population limit under the PLRA. Even if they could be regarded as a less restrictive alternative, the three-judge court found no evidence of plans for transfers in numbers sufficient to relieve overcrowding. The court also found no realistic possibility that California could build itself out of this crisis, particularly given the State’s ongoing fiscal problems. Further, it rejected additional hiring as a realistic alternative, since the prison system was chronically understaffed and would have insufficient space were adequate personnel retained. The court also did not err when it concluded that, absent a populationreduction, the Receiver’s and Special Master’s continued efforts would not achieve a remedy. Their reports are persuasive evidence that, with no reduction, any remedy might prove unattainable and would at the very least require vast expenditures by the State. The State asserts that these measures would succeed if combined, but a long history of failed remedial orders, together with substantial evidence of overcrowding’s deleterious effects on the provision of care, compels a different conclusion here. Pp. –––– – ––––.
(e) The prospective relief ordered here was narrowly drawn, extended no further than necessary to correct the violation, and was the least intrusive means necessary to correct the violation. Pp. –––– – ––––.
(1) The population limit does not fail narrow tailoring simply because prisoners beyond the plaintiff class will have to be released through parole or sentencing reform in order to meet the required reduction. While narrow tailoring requires a “ ‘ “fit” between the [remedy’s] ends and the means chosen to accomplish those ends,’ ” Board of Trustees of State Univ. of N.Y. v. Fox, 492 U.S. 469, 480, 109 S.Ct. 3028, 106 L.Ed.2d 388, a narrow and otherwise proper remedy for a constitutional violation is not invalid simply because it will have collateral effects. Nor does the PLRA require that result. The order gives the State flexibility to determine who should be released, and the State could move the three-judge court to modify its terms. The order also is not overbroad because it encompasses the entire prison system, rather than separately assessing each institution’s need for apopulation limit. The Coleman court found a systemwide violation, and the State stipulated to systemwide relief in Plata. Assuming no constitutional violation results, some facilities may retain populations in excess of the 137.5% limit provided others fall sufficiently below it so the system as a whole remains in compliance with the order. This will afford the State flexibility to accommodate differences between institutions. The order may shape or control the State’s authority in the realm of prisonadministration, but it leaves much to the State’s discretion. The order’s limited scope is necessary to remedy a constitutional violation. The State may move the three-judge court to modify its order, but it has proposed no realistic alternative remedy at this time. Pp. –––– – ––––.
(2) The three-judge court gave “substantial weight” to any potential adverse impact on public safety from its order. The PLRA’s “substantial weight” requirement does not require the court to certify that its order has no possible adverse impact on the public. Here, statistical evidence showed that prison populations had been lowered without adversely affecting public safety in someCalifornia counties, several States, and Canada. The court found that various available methods of reducing overcrowding—good time credits and diverting low-risk offenders to community programs—would have little or no impact on public safety, and its order took account of such concerns by giving the State substantial flexibility to select among the means of reducing overcrowding. The State complains that the court approved the State’s population reduction plan without considering whether its specific measures would substantially threaten public safety. But the court left state officials the choice of how best to comply and was not required to second-guess their exercise of discretion. Developments during the pendency of this appeal, when the State has begun to reduce the prison population, support the conclusion that a reduction can be accomplished without an undue negative effect on public safety. Pp. –––– – ––––.
*4 2. The three-judge court’s order, subject to the State’s right to seek its modification in appropriate circumstances, must be affirmed. Pp. 41–48.
(a) To comply with the PLRA, a court must set a population limit at the highest level consistent with an efficacious remedy, and it must order the population reduction to be achieved in the shortest period of time reasonably consistent with public safety. Pp. –––– – ––––.
(b) The three-judge court’s conclusion that the prison population should be capped at 137.5% of design capacity was not clearly erroneous. The court concluded that the evidence supported a limit between the 130% limit supported by expert testimony and the Federal Bureau of Prisons and the 145% limit recommended by the State Corrections Independent Review Panel. The PLRA’s narrow tailoring requirement is satisfied so long as such equitable, remedial judgments are made with the objective of releasing the fewest possible prisoners consistent with an efficacious remedy. Pp. –––– – ––––.
(c) The three-judge court did not err in providing a 2–year deadline for relief, especially in light of the State’s failure to contest the issue at trial. The State has not asked this Court to extend the deadline, but the three-judge court has the authority, and responsibility, to amend its order as warranted by the exercise of sound discretion. Proper respect for the State and for its governmental processes require that court to exercise its jurisdiction to accord the State considerable latitude to find mechanisms and make plans that will promptly and effectively correct the violations consistent with public safety. The court may, e.g., grant a motion to extend the deadline if the State meets appropriate preconditions designed to ensure that the plan will be implemented without undue delay. Such observations reflect the fact that the existing order, like all ongoing equitable relief, must remain open to appropriate modification, and are not intended to cast doubt on the validity of the order’s basic premise. Pp. –––– – ––––.
Affirmed.