2011 has now arrived. Many American`s, having no job and losing hope daily, still found a way to smile and ring in the new year. Now that all the cheap wine has been drank and merry making is over we are still left with the question; How to we take our nation back? So many people are left scratching their heads as to what to do. For many liberty lovers it seems everything attempted to restore liberty to Americans ends in failure. The big knock out blow to government tyranny seems to be unattainable. Maybe it is time to bring out the secret weapon. The one thing which always scares the scum bags running the Federal government is of course the tenth amendment of the US Constitution.
The Tenth Amendment reads as follows:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
In short the tenth amendment states that any power not granted to the Federal government,by the US Constitution, is a power of a state or the people directly.
The tenth amendment is often dismissed as simply overstating the already clearly defined relationship between the Federal and State governments. It is also seen as something not to be invoked due to the fact that the tenth was used by the Southern States as a way to justify seceding from the Union during the civil war. The latter point is used by many to dismiss anyone invoking the tenth as grounds to claim the Federal government has overstepped its bounds. Yet, these `talking points` commonly used to marginalize the tenth fail to take from it the power to keep the Federal government in check. Just because it is hard to invoked the tenth successfully, does not mean to cannot be done.
How can the tenth be used to get the Federal government under control? This is a question which gets asked often. Well, there are many things which the Federal government does these days which can be challenged by invoking the tenth amendment. The most effective way to use the tenth is in situations in which the Federal government makes agreements or treaties without making the same agreements or treaties with the states. This becomes very important when you consider all the various treaties the Federal government makes with the UN; just as an example.
Lets take the UN gun ban (which you can read a bit about here) that is slowly coming to realization in the chambers of the UN. This planned treaty would start the process of banning private gun ownership by the central governments of all member nations. Under certain conditions, the Congress could actually ratify this and the Supreme Court could give them a legal pass. Yet, this does not mean that the local state government would be powerless to stop such a clear attack on personal liberty and national sovereignty. The tenth amendment would have to be used by the state governments to block Federal authority.
Some might argue that since the Senate represents, in theory, the states then by the Senate ratifying such a treaty than an agreement will have been reached with the states. This is not true. The Senate is part of the Federal government and makes laws within the power of the Federal government; not the actual states themselves. A national gun ban would be completely out of line with the US constitution; even if the supreme court fails to make a ruling throwing out such a ban. At that point the tenth amendment would come into play. The states would invoked the tenth under the grounds that the only agreement the states have made with the Federal government, concerning the people`s right the hold arms, is the second amendment. The states would reserve the power to regulate fire arms sales and ownership since the Federal government does not have such power from within each state. So the Federal government could sign a UN treaty to ban fire arms but it would only apply on Federal property or outside of a union state(which is all states).
Now this may be a bit of a extreme example, based on something actually happening in UN chambers, but it does outline how the tenth can be used to keep the Federal government in check. Keep in mind the Federal government often abuses the ethos of common law to get around the tenth. This is why it can be hard to invoke the tenth amendment successfully. When attempting to use the tenth amendment a lot of research must be undertaken to ensure the Federal government does not use end-around tactics in common law to dismiss a tenth amendment argument.
For an extra case study in using the tenth amendment on a personal level to protect yourself from Federal intrusion read this.
Showing posts with label Federal Goverment. Show all posts
Showing posts with label Federal Goverment. Show all posts
Thursday, January 13, 2011
Saturday, December 4, 2010
US government tracking Americans Without Warrent Though Use of a `Hotwatch`
American used to project an image of `The land of freedom` to the world. Yet, it seems these days the only image America projects is war,greed, empire and fascism. As an American, it is not easy for your man of liberty to write such words but the truth is written on the wall. Of the numerous policies which destroy liberty in America, the one which may be ruining personal liberty in American the most tracking of US citizens by the Federal government.
Most people are aware of the warrantless wiretapping program which was put in place by Bush W. and maintained by Obama. What has made this policy truly disturbing is that the Federal Government not only was out in the open about it but also defended secretly tracking US citizens without warrants and little or no oversight. At this point one would think that tracking phone calls, e-mails, and text messages would be enough but there seems to be no end to the Federal government desire to track US citizens every move. Due to the efforts of blogger Christopher Soghoian documents have been released which show the Federal Government tracking US citizen`s purchases without warrant and without the person targeted knowledge. As shocking as this new level of government tyranny is, I have no choice but to report that it all true. The document which Chris pressured to get released details exactly how, and by which methods, the Federal government uses so-called Hotwatch tracking to see what any American buys. You can read the doc. by clicking here.
What makes this kind of spying program truly disturbing is that while the released docs. explain what kind of purchases they target and the method of going about it, what it leaves out is the standard to engage in such activity. This document, which took Chris over a year and a half to get release, contains no mention of a need to ask the courts for permission to engage in tracking a US citizen`s financial transactions. On page three of the ten page government doc. is clearly states the number one way in which such authority is granted is by `Administrative subpoena with a court order for non-disclosure.` In short, the government has agents signing off on their own orders to track US citizen`s financial transactions. The teeth of such an order is only a court order which prevents or bank or company from informing the person targeted.
With such a system in place the government now has FBI and CIA agents running around targeting anyone they want for pretty much any reason as long as they say it is for, `an ongoing investigation.` There is no oversight and the courts can do little to stop it. The level of corruption and revenge such policy creates must be massive. With the right paperwork any US citizen can have almost any financial transaction they do tracked and recorded by the government. The docs. express no standard so we can only assume government agents can order a `Hotwatch` whenever they want. When people talk about a police state this is what they are talking about.
Most people are aware of the warrantless wiretapping program which was put in place by Bush W. and maintained by Obama. What has made this policy truly disturbing is that the Federal Government not only was out in the open about it but also defended secretly tracking US citizens without warrants and little or no oversight. At this point one would think that tracking phone calls, e-mails, and text messages would be enough but there seems to be no end to the Federal government desire to track US citizens every move. Due to the efforts of blogger Christopher Soghoian documents have been released which show the Federal Government tracking US citizen`s purchases without warrant and without the person targeted knowledge. As shocking as this new level of government tyranny is, I have no choice but to report that it all true. The document which Chris pressured to get released details exactly how, and by which methods, the Federal government uses so-called Hotwatch tracking to see what any American buys. You can read the doc. by clicking here.
What makes this kind of spying program truly disturbing is that while the released docs. explain what kind of purchases they target and the method of going about it, what it leaves out is the standard to engage in such activity. This document, which took Chris over a year and a half to get release, contains no mention of a need to ask the courts for permission to engage in tracking a US citizen`s financial transactions. On page three of the ten page government doc. is clearly states the number one way in which such authority is granted is by `Administrative subpoena with a court order for non-disclosure.` In short, the government has agents signing off on their own orders to track US citizen`s financial transactions. The teeth of such an order is only a court order which prevents or bank or company from informing the person targeted.
With such a system in place the government now has FBI and CIA agents running around targeting anyone they want for pretty much any reason as long as they say it is for, `an ongoing investigation.` There is no oversight and the courts can do little to stop it. The level of corruption and revenge such policy creates must be massive. With the right paperwork any US citizen can have almost any financial transaction they do tracked and recorded by the government. The docs. express no standard so we can only assume government agents can order a `Hotwatch` whenever they want. When people talk about a police state this is what they are talking about.
Monday, November 29, 2010
The GOP Having Trouble Holding it Together On Earmark Ban
As anyone with a real sense of liberty is fully aware, the left/right bipolar political establishment in America is nothing more than two management teams fighting for control of the same dirty government. Both so-called parties do not have our interest in mind. Yet, as long as they are in control we must work within this system to restore true liberty and Constitutional law to our grand nation. So then the GOP conference voted on a complete ban on all earmarks, liberty minded citizens took notice. Your man of liberty reported on this event which you can read here. To to shock and awe of libertarians, and liberty minded people in general, the GOP conference voted for an all out ban on earmarks for the 112th Congress. Well as it turns out the GOP may not be ready to stick to their guns on a complete ban on earmarks.
All the heat is centered around H.R. 4783 which pretty much hands out money to settle a disagreement on behave of black farmers and Native American tribes over discrimination they say was carried out by the Department of Agriculture. Now to say that this issue should have never reach the level of a bill in the congress is an understatement. The Dept. of Agriculture clearly failed to deal with this long standing issue. The DOA should have never let it get to this point. The DOA should have dealt with this though the courts or even better allocated money, which they already had on hand, to the states to deal with it. Yet, like a gang of cowards they stoned walled the entire issue and forced Congress to create a spending bill to take care of it. The DOA did this clearly in order to protect their own budget from taking a hit. So a spending bill was created and moved though Congress which put the earmark ban to the test.
From the looks of things GOP leaders were unable to hold to their own rule of banning earmarks. Arizona Sen. John Kyle just could not resist adding an earmark into H.R. 4783. The Senator added a earmark setting aside 200,000,000 billion dollars to settle a Arizona Native American water rights dispute. This super large earmark will be used to make snow at a ski resort, improve water access for some Casinos, and build fish hatcheries. The sad thing about this is that if Arizona did not have to send so much money out of their state and into the hands of the Federal government they could have dealt with this at a state level.
This issue just goes to show the state of Washington. Yet another unconstitutional Department gets into hot water and sets on their hands out of fear of having their budget taking a hit. Congress has to get involved and create a bill which spends even more money. This in turn catches the attention of Arizona, which has a large settlement to take of, which is related to the bill in question. Add to all of this the fact that if Arizona could keep more of their state revenue in the state they could have paid the settlement from their own treasury.
The devil in all of this is Federal taxing being totally out of control. The states or the courts cannot really handle these kinds of issues due in large part to the high amount of Federal taxing. Not even one of Washington`s many Departments can handle disputes involving money because Congress looks for any reason to suck more money out of any section of the government which causes problems. If the DOA actually did decide to settle this issue though the courts or with good old fashion negotiation rest assured Congress would cut their budget and hand it to the Pentagon. Every time an earmark comes up in a bill we will see the insanity of Federal spending.
All the heat is centered around H.R. 4783 which pretty much hands out money to settle a disagreement on behave of black farmers and Native American tribes over discrimination they say was carried out by the Department of Agriculture. Now to say that this issue should have never reach the level of a bill in the congress is an understatement. The Dept. of Agriculture clearly failed to deal with this long standing issue. The DOA should have never let it get to this point. The DOA should have dealt with this though the courts or even better allocated money, which they already had on hand, to the states to deal with it. Yet, like a gang of cowards they stoned walled the entire issue and forced Congress to create a spending bill to take care of it. The DOA did this clearly in order to protect their own budget from taking a hit. So a spending bill was created and moved though Congress which put the earmark ban to the test.
From the looks of things GOP leaders were unable to hold to their own rule of banning earmarks. Arizona Sen. John Kyle just could not resist adding an earmark into H.R. 4783. The Senator added a earmark setting aside 200,000,000 billion dollars to settle a Arizona Native American water rights dispute. This super large earmark will be used to make snow at a ski resort, improve water access for some Casinos, and build fish hatcheries. The sad thing about this is that if Arizona did not have to send so much money out of their state and into the hands of the Federal government they could have dealt with this at a state level.
This issue just goes to show the state of Washington. Yet another unconstitutional Department gets into hot water and sets on their hands out of fear of having their budget taking a hit. Congress has to get involved and create a bill which spends even more money. This in turn catches the attention of Arizona, which has a large settlement to take of, which is related to the bill in question. Add to all of this the fact that if Arizona could keep more of their state revenue in the state they could have paid the settlement from their own treasury.
The devil in all of this is Federal taxing being totally out of control. The states or the courts cannot really handle these kinds of issues due in large part to the high amount of Federal taxing. Not even one of Washington`s many Departments can handle disputes involving money because Congress looks for any reason to suck more money out of any section of the government which causes problems. If the DOA actually did decide to settle this issue though the courts or with good old fashion negotiation rest assured Congress would cut their budget and hand it to the Pentagon. Every time an earmark comes up in a bill we will see the insanity of Federal spending.
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