Category Archives: Law

State Theft Of Private Property Sets Legal Precedent For More Of The Same

America, Law, Private Property, South-Africa, Taxation, The State

With its monopoly over both law enforcement and “justice,” the state has seen to it that systematic theft serves as legal precedent.

“Long before Cliven Bundy faced down federal agents,” reports Fox News (who else?), “in his dispute with the Bureau of Land Management over grazing rights, fellow Nevada rancher Raymond Yowell, an 84-year-old former Shoshone chief, watched as the BLM seized his herd.”

Adding to that, since 2008 they’ve taken his money as well — in the form of a piece of his Social Security checks.

Yowell’s 132 head of cattle had grazed for decades on the South Fork Western Shoshone Indian Reservation in northeastern Nevada until 2002, when the Bureau of Land Management (BLM) — the same agency at odds with Bundy — seized them. The federal agency sold the cattle at auction and used the proceeds to pay off the portion of back grazing fees it claimed Yowell owed. Once the cattle was sold, the agency sent Yowell a bill for the outstanding balance, some $180,000. They’ve been garnishing his monthly Social Security checks since 2008 to satisfy the debt Yowell says he does not owe.

Tommy Henderson is another victim of state plunder of private property:

The Bureau of Land Management [BLM] took 140 acres of his property and didn’t pay him one cent.
Now, they want to use his case as precedent to seize land along a 116-mile stretch of the river …

In “Into the Cannibal’s Pot,” the issue of land grabs by the ANC, in South Africa, was addressed extensively, down to the heart-breaking mutilation of livestock by state-supported squatters, in the effort to hasten the ethnic cleansing of the Afrikaner farmer. The parallels to what is underway in the USA are greater than even I had foreseen.

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.

UPDATE II: The Elephant In the Courtroom

Crime, Justice, Law, Racism, South-Africa

Finally, media other than yours truly mentions, if fleetingly, the elephant in the Pistorius courtroom: unidirectional, black-on-black and black-on-white violent crime. Examined in depth and at length in Into the Cannibal’s Pot, crime, and the fear of being butchered, was likely behind the blade runner’s irrational, irresponsible actions.

“[F]or all his privilege, Oscar Pistorius knows the rapacity and invincibility of the criminal class in his country. Like every other Afrikaner, he knew in his gut what infiltrating gangs would do to a legless Boer. He had seen images of the mangled bodies.” (From “Blade Runner Killing And The Media Blackout.”)

The Economist doesn’t go so far as to acknowledge the legitimacy of the fear, but does mention it:

When Mr Pistorius declared in his testimony, “I shot out of fear,” he became the voice of many white South Africans. They tend to see themselves as living in the shadow of violent crime, retreating behind high walls, electric fences and steel doors. From there they can summon private security guards, who are twice as numerous as policemen, by pressing a panic button.

The trial has revived a long-running debate about other aspects of crime. South Africa’s murder rate is one of the highest in the world: 30.9 for every 100,000 people, compared with 4.7 in the United States. Yet the rate has fallen by half in the past 15 years. Rich whites, the most fearful among South Africans, are actually the least endangered. Most victims are poor and black.

Though both the accused and the victim in the Pistorius case are white, race is never far away. … the case in fact involves a third protagonist, “the threatening body, nameless and faceless, of an armed and dangerous black intruder”. …

Actually, in proportion to their numbers in the general population, whites and Indians are more likely to be victimized by the criminal class in South Africa.

UPDATE I (4/21): A reader affirms the above, writing as follows:

“I have so often, ever since the dreadful act that ended the life of Oscar Pistorius’ girlfriend, wanted to write to you Ilana, and say: Please tell your readers about the ghastly fear that every Afrikaner suffers from; the fear that he would be murdered in the most atrocious manner, mangled, tortured, raped before family members;slaughtered. So thank you for being true to the truth. His is the insane reaction of anyone—especially an Afrikaner living in his birthland—who knows what he will suffer at the hands of black criminal gangs who almost have permission to murder from the silent government. You, Ilana, are the right person, at the right time to make this known.”

UPDATE II: Via Brian James Smith on Facebook: Thanks to Cuan Elgin with the below list. Nothing to fear? South African justice is seen to be working like this circus of a trial…? Think again. The reality of South Africa this past week.
Black-on-White attacks: 7 Days. 20 Attacks. 27 Victims. 3 Women Raped. 7 People shot. 6 People Murdered:
9 April: Leon Pretorius (50) and his wife Phylis (49) were attacked at their place of business in Bloemspruit. Leon was shot twice. He is in hospital.
9 April: An Elderly man was attacked and murdered in his home in Dinwiddi. He was stabbed and his neck was broken.
9 April: An elderly couple was attacked, assaulted, tied up and robbed in Helderkruin.
10 April: A Family was attacked in their home in the Featherbrooke Estate. The mother and daughter were assaulted and the father was shot. He is recovering in hospital.
10 April: A 27-year-old woman was attacked by 4 black men. She was abducted and raped.
10 April: ‘A 58-year old woman was attacked and raped at the Anstey’s Beach Guest House in Brighton Beach.
10 April: The Lombaard couple was attacked on their farm in Tulbach. They were able to defend themselves and the attackers fled.
11 April: Lazlo (87) and Carol Bercsenyi were attacked in Bon Accord. They were hacked with axes. Lazlow died from his injuries.
12 April: Jaap Pretorius (52) is in a critical condition after an attacked on him and his fiancé in Bloemfontein. He was shot in the head.
12 April: A 62-year-old man was attacked in his holiday home in St. Francis. He was assaulted, tied up and robbed.
12 April: Vicus Botha (63) was assaulted in front of his home in Pietermaritzburg. He was badly beaten and died from his injuries.
13 April: A 48-year-old woman and her husband were attacked by 4 black men in their home in Benoni. The woman was raped by the attackers in front of her husband.
14 April: Kobus Nieuwoudt (41) was attacked, assaulted and shot in Ontdekkerspark.
15 April: Rina Hough (65) was stabbed to death at her home in Senekal.
15 April: Bart Klopper (63) was attacked and assaulted at his farm in Edeville. He sustained serious head injuries.
15 April: Johan Nel and his 13-year-old son were attacked and assaulted on their farm in Wolmaransstad by 6 black men armed with CZ88 pistols.
15 April: Frik Bodenstein (58) was attacked on his farm in Witbank. He was hacked with machetes and is recovering in hospital.
16 April: Johan Bornman and his wife were attacked in their farm in Vredefort. Johan was shot in his face and shoulder and is in hospital.
16 April: W/O Steven Britz (44) was shot dead at the Klapmuts Police Station.
17 April: Hannes Duvenhage (68) shot dead in Ermelo

Morality And Religion

Constitution, Founding Fathers, History, Law, Morality, Religion

On this Good Friday and Passover, it is worth remembering George Washington’s message on morality and religion, in his 1796 Farewell Address.

“Washington—in light of the dreadful events which had occurred in Revolutionary France—wished to dispel for good any notion that America was a secular state. It was a government of laws but also of morals,” writes historian Paul Johnson, in The History of the American People. “Of all the dispositions and habits which lead to political prosperity,’ he insisted, ‘religion and morality are indispensable supports.’ Anyone who tried to undermine these ‘great pillars of human happiness, these firmest props of the duties of men and citizens,’ was the very opposite of a patriot.” (P. 229)

There can be no “security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investigation in courts of justice.” Nor can morality be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.”

What Washington was saying, explains Johnson, is that America, “being a free republic, dependent for its order on the good behavior of its citizens, cannot survive without religion. And that was in the nature of things.” (P. 229)

It’s hard to reconcile modern-day USA with the America the Founding Fathers bequeathed and envisaged. The law, a branch in what has become a tripartite tyranny, has plunged Americans into a struggle to express their faith outside their homes and places of worship.

Forgotten in all this is that religion is also a proxy for morality. (And I say this as an irreligious individual.)