Category Archives: Constitution

Independence? It’s ‘EZ-Pass Up Our A-S’

America, BAB's A List, Constitution, History, Individual Rights

Some independence: It’s “EZ-Pass up our a-s,” says Myron Robert Pauli, Ph.D.

238 years ago in Philadelphia, a group of Americans adopted the world’s most famous grievance list against the British Empire and declared our independence. As Thomas Jefferson stated, “… unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. – That to secure these rights, Governments are instituted among Men … ”

With some guts, guns, and help from Louis XVI, we secured our independence – that was the good news. The bad news was that America was left with the task of self-government. It didn’t start that well with squabbling local governments full of rogue demagogues appealing to indebted yahoos with paper money and contract repudiation. Alarmed men like Washington and Hamilton supported a federal government to keep the yahoos in check. Others like George Mason and Patrick Henry preferred 13 local independent confederacies over one big (potential) tyranny and became the Anti-Federalists.

Jefferson and Madison went along with the Federal idea with a Bill of Rights attached to limit the potential tyranny. And Ben Franklin prophetically said: “I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other.”

Fast forwarding to 2014, and we now celebrate our independence with military displays. We spend more on our Armed Forces than the rest of the world combined. We can kick anyone’s butt, even with such exemplary soldiers as Lynndie England, Chelsea Manning, Nidal Malik Hasan, and Bowe Bergdahl and with one hand tied behind our back! Even our Coast Guard has a larger budget than the British Navy! We can invade anyplace and install “democracy” in primitive cultures in the form of Diem, Thieu, Maliki, Karzai, or HumptyDumpty, until Americans get tired of the expenses and the troops returning in body-bags, without limbs and with Post Traumatic Stress Disorder.

Our President can execute 16 year old Americans on his whim-wham by pushing buttons controlling drones. The local cops now are equipped with lasers, tasers, radars, ladars, mMine-Resistant Ambush Protected armored vehicles with turreted 50 cal machine guns, and even drones. Millions of bureaucrats, contractors, etc. can read our e-mail, regulate our soft drinks, fondle our privates, access our bank accounts, deny medical treatments, and track our movements.

It’s EZ-Pass up our a-s – and even small children can come equipped with transponders. Americans can be held incommunicado for years if captured on a “battlefield,” such as Chicago, provided the president labels them “terrorists.” Waterboarding, sleep deprivation, thermal discomfort and painful positioning is how we “secure these rights” in the 21st Century. Unless there’s permanent organ failure, it isn’t torture!

Our educational system spends more money than anyone else to churn out ADHD-drugged up functional illiterates with masters degrees and tons of student debt. The accredited over-tested narcissists having gone through years of New Math, Leave No Child Behind, Ebonics, Political Correctness, Common Core, and dozens of other bureaucratic fads taught by burned-out teachers in a system where administrators outnumber teachers.

Our Federal Reserve can miraculously create trillions of “dollars” at the press of a computer tab and, lo-and-behold, the banksters and hedge funds are bulging with newfound wealth. My 401k can rise $1000 while I’m in the bathroom. General Motors can turn out clunkers indefinitely and the people shout Amen! Employment drops 5 percent and inner cities resemble Hiroshima in 1945 while the Dow hits new highs.

But whatever corrupt rot, bureaucracy, dysfunctional hyperpartisan politics, or authoritarianism has evolved – it was not imposed on us by “terrorists,” Nazis, Commies, Martians, or even Mexicans, but by our own making (as Franklin foresaw). The self-government that was supposed to “secure these rights” now keeps us in a gilded cage with 500 TV channels in the Empire of the Welfare-Warfare State.

In the 1960’s show “The Prisoner,” Patrick Mc Goohan, “Number 6” was held captive in some “utopian ‘Village’” and asked, “Who is Number 1?” That’s easy, baby. It’s US! USA!! U-S-A!!!

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Myron Pauli with his late, lovely wife.

How2PickUpWomen

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Barely a Blog (BAB) contributor Myron Pauli grew up in Sunnyside Queens, went off to college in Cleveland and then spent time in a mental institution in Cambridge MA (MIT) with Benjamin Netanyahu (did not know him), and others until he was released with the “hostages” and Jimmy Carter on January 20, 1981, having defended his dissertation in nuclear physics. Most of the time since, he has worked on infrared sensors, mainly at Naval Research Laboratory in Washington DC. He was NOT named after Ron Paul but is distantly related to physicist Wolftgang Pauli; unfortunately, only the “good looks” were handed down and not the brains. He writes assorted song lyrics and essays reflecting his cynicism and classical liberalism. Click on the “BAB’s A List” category to access the Pauli archive.


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Free Spaying For Stalinists

Constitution, Feminism, Healthcare, Law, Private Property

“Free Spaying For Stalinists” is the current column, now on WND. An excerpt:

Today we celebrate the proclamation of the Declaration of Independence, on July 4, 1776. Just how little is left, in 2014, of the Declaration’s unalienable rights was demonstrated by the Supreme Court’s ruling, in the case of the Secretary of Health And Human Services versus three faith-based, family owned businesses.

Having found a way to affirm the constitutionality of the unconstitutional Obamacare in the first place, a scurrilous SCOTUS, a branch in a tripartite tyranny, agreed to allow Conestoga Wood Specialties Corp., Hobby Lobby Stores Inc. (arts-and-crafts), and Mardel (Christian books) a miniscule degree of freedom in the use of their property. The individuals who own and control these businesses had objected to paying for what they consider abortifacients. Instead of being compelled to cover 20 FDA-approved methods of contraception favored by their employees, the firms will be permitted to pay for only 16.

The obsequious are celebrating. The owners, the Hahn and Green families, were facing crippling fines of “$475 million per year for Hobby Lobby, $33 million per year for Conestoga, as well as $15 million per year for Mardel.” By dictate of the Patient Protection and Affordable Care Act of 2010 (ACA), a refusal to pay for employees’ healthcare all together would have resulted in hefty penalties too.

The U.S. government—originally founded to uphold, not calibrate, the people’s leave-me-alone rights to life, liberty and property—had claimed that the free exercise of religion did not apply to for-profit corporations. The legal loadstar followed by government and Court alike is not the unequivocal Constitution—it instructs Congress to make no prohibition on the free exercise of religion—but rather the equivocating Religious Freedom Restoration Act (RFRA). …

Read the complete column, “Free Spaying For Stalinists”.

Our German readers can now follow this column and other worthy writers in the JUNGE FREIHEIT, a weekly newspaper of excellence.

Editors wishing to feature the “Return to Reason” column in their publications, pixel or paper, please contact Bookings@ilanamercer.com. Or, ilana@ilanamercer.com


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Some Good Legal News

Constitution, Federalism, Law, The Courts

Some recent court decision are surprising but welcome. Via Jonathan Turley:

* “Supreme Court Unanimously Finds President Obama Violated Constitution In Use Of Recess Appointments.”

* “Privacy Prevails: Supreme Court Unanimously Requires Warrant To Search Cellphones.”

* “Federal Court Rules Government’s No-Fly List Is Unconstitutional.”


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Crime And No Punishment

Constitution, Liberty, States' Rights, Taxation

More proof that the Constitution is worse than useless: John Boehner is “taking the president to court,” for “amassing power at the expense of the legislative branch.” This infraction, pronounces a Washington-Post liberal, correctly, has been a trend “not just for the past five years but for a generation or more. The Prince of Orange is mostly right about the problem, if not the time frame.”

Equally futile for our liberties is the grandstanding against the d-cks from the agency whose job description is to oppress and steal: The Internal Revenue Service. You abolish such a den of iniquity and vice, you don’t tweak it.

But what makes Boehner’s “long-shot litigation” meaningless is that, other than impeachment, which seldom happens, and the chocking off of finances (also a rarity)—the marvel that is the US Constitution offers no serious remedies for punishing officialdom.

Mark Levin talks-up the idea of a state convention. Yeah right. As I countered in “Secession, Not Convention, Offers Salvation,”

To reclaim the republic, Levin and his listeners hold out hope for the atrophied states and their unexercised role in the amendment process, as stipulated in Article V of the Constitution. Never mind that the states, contrary to the mistaken predictions and hopes of the Constitution makers, have never initiated a constitutional amendment; and never mind that even in the event that the states demand a constitutional convention, there is no mechanism to compel Congress to act.

The great constitutional scholar James McClellan was no “neo-confederate.” Yet even an ardent defender of the Constitution as was McClellan conceded that, sadly, “the Framers relied on the good faith of Congress for the observance of the requirement” and that, when it came to a constitutional convention, “there was no way to force Congress to act.” (“Liberty, Order, And Justice: An Introduction to the Constitutional Principles of American Government,” p. 310.)

Ultimately, the legislatures of two-thirds of the states have to unite to call on Congress to hold a national constitutional convention for the purpose of amending the dead-letter Constitution. Levin and his listeners are deluded if they think that the states, which are hardly bastions of freedom, will unite for this purpose; salvation is more likely to come from dissolving dysfunctional political bonds.


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Again: ‘Thank You For Your Service, Mr. Snowden’

Constitution, Criminal Injustice, Homeland Security, Technology, Terrorism

“I think patriot is a word that’s — that’s thrown around so much that it can be devalued nowadays. But being a patriot doesn’t mean prioritizing service to government above all else. Being a patriot means knowing when to protect your country, knowing when to protect your Constitution, knowing when to protect your countrymen from the — the violations of an — and encroachments of adversaries.” So said Edward Snowden to “NBC Nightly News” anchor Brian Williams, to whom he spoke in a hotel in Moscow.

And:

“… there have been times throughout history where what is right is not the same as what is legal. Sometimes to do the right thing, you have to break a law.”

The guy is the real deal. Again: “‘Thank You For Your Service, Mr. Snowden’”


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Origination-Clause Argument Against Zero-Care

Constitution, Healthcare, Law

If—or rather when—a new constitutional challenge to Obamacare fails, this won’t be because Sissel v. United States Department of Health & Human Services lacks merit, but because we are governed by a tripartite tyranny of colluding quislings and their armies of extra-constitutional commissions and agencies, in whose legislation The People have no say.

Indeed, on May 8, 2014, an interesting and rather original oral argument is scheduled to be heard by the D.C. Circuit Court of Appeals, in the case launched against United States Department of Health & Human Services. The Plaintiff is the Pacific Legal Foundation. Here is a Summary of the PLF’s case:

Pacific Legal Foundation has launched a new constitutional cause of action against the federal Affordable Care Act. The ACA imposes a charge on Americans who fail to buy health insurance — a charge that the U.S. Supreme Court recently characterized as a federal tax. PLF’s amended complaint alleges that this purported tax is illegal because it was introduced in the Senate rather than the House, as required by the Constitution’s Origination Clause for new revenue-raising bills (Article I, Section 7).

The Origination Clause argument is part of an amended complaint filed in PLF’s existing lawsuit against the ACA, Sissel v. U.S. Department of Health & Human Services, pending before Judge Beryl A. Howell, in the U.S. District Court for the District of Columbia.

PLF’s Sissel lawsuit was on hold while the U.S. Supreme Court considered the challenge to the ACA from the National Federation of Independent Business (NFIB) and 26 states, in NFIB v. Sebelius. As initially filed, PLF’s Sissel lawsuit targeted the ACA’s individual mandate to buy health insurance as a violation of the Constitution’s Commerce Clause (Article I, Section 8).

MORE.


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