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Fly the colors...

Whoopie it's the 4th of July (Yawn)

GunRights4US

VERBATIM POST
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Now is the time for all good little Americans to rally round the flag and sing the praises of non-existent Liberty.

On previous occasions I have expounded my views on the 4th, the flag, and on the pledge here and here. (One should keep it firmly in mind that I make a sharp distinction between the US Government, and America. In my view they are NOT the same thing! Like the bumper sticker says, I love my country, but I hate my government.)

I just want to add that the annual celebration of the remembrance of the Colony's Declaration to King George, when considered in the deepening shadows of an overarching Leviathan government, has moved beyond being just hypocritical. It is more likened to the obscenity achieved by smearing with make-up the face of a most gruesome moldering corpse, and holding it close in a passionate embrace.

Our Forefathers must surely be disappointed with what passes for "Liberty" and "Freedom" these days.

Oh, and ... final thought:

NC Governor signs Militia Law

Via An NC Gun Blog

"§ 127A‑7. Composition of unorganized militia.

The unorganized militia shall consist of all other able‑bodied citizens of the State and of the United States and such all other able‑bodied persons who have or shall declare their intention to become citizens of the United States, who shall be at least 17 years of age, except those who have been convicted of a felony or discharged from any component of the military under other than honorable conditions.

You can see from the quoted paragraph that some changes were made to the law governing the Unorganized Militia. This should tell you that if something else was intended, they could have very easily changed it. Unfortunately for those anti-gun types who dispute that the Militia exists, and that it includes much more than the National Guard, this law confirms that each and every able bodied adult citizens of North Carolina, minus a few exceptions, are members of the Militia. Note carefully that it does not restrict militia membership to men. That means that women are also members of the NC Militia. Yay equality!

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National Police Misconduct NewsFeed Daily Recap 06-30-11

Injustice Everywhere

VERBATIM POST

Here are the 15 reports of police misconduct tracked in our National Police Misconduct News Feed for this Thursday, June 30, 2011:

• A Detroit MI gang cop is on admin duty while investigated over an excessive force incident that was captured on surveillance video which helped spark a civil rights lawsuit. [3] http://bit.ly/lRPoz8

• About 20 Dayton OH police officers are the subject of a lawsuit alleging that they responded to a call from an officer who beat, tasered & peppersprayed a mentally challenged teen after mistaking his speech impediment for being disrespectful and chasing him to his mother’s home where he sought help with communicating with the officer. I wanted to wait and see if the police would have a comment on this one in the media but it looks unlikely since the story broke over a day ago. [3] http://bit.ly/m8piCw

• An Everett WA cop has been fired for policy violations related to the fatal shooting of an unarmed man 2 years ago. The officer was acquitted of murder charges in a strange jury decision last year. [0] http://bit.ly/kolgEE

• Havertown PA is being sued by a woman claiming a town official conspired with cops to have her falsely arrested & mistreated in custody over a neighborhood dispute they had. [3] http://bit.ly/lf91YH

• A Harris County TX deputy was convicted of sexual assault on child under 14 but still faces indecency with a child charges involving an underage jail inmate. [0] http://bit.ly/ik3pLx

• A Miami-Dade FL cop was convicted on several sexual abuse of a child between 12-16 charges that involved his daughter. [0] http://bit.ly/lwZinU

• Washington DC police sued by ACLU on behalf of photog student detained for taking photos of traffic stop [3] http://bit.ly/jlFdFg

• St Petersburg FL cop resigns in lieu of firing for stealing from suspects wallets after he was caught doing so by his ride-along trainee [0] http://bit.ly/j9qVoz

• Dallas TX police officer arrested on misdemeanor interfering w/emergency call & DV-related assault charges [0] http://dallasne.ws/l1nTPU

• Los Angeles CA cop pleads no contest to workers compensation fraud charge for altering doctor note, gets probation [0] http://lat.ms/mHziFj

• Michigan State trooper still on job & hasn’t been charged after arrested Jan 1 in DUI crash that injured 2 [3] http://bit.ly/kW1q1E

• N Muskegon MI cop who also works at Roosevelt Park MI charged w/DUI after running stop & hitting house [0] http://bit.ly/kx7aIS

• Rogers AR police forced by civil service board to rehire cop fired for sexual harassment of dispatcher [0] http://bit.ly/mCpSKh

• Cleveland OH police officer charged on allegations he ran an illegal check cashing business & hiding transactions [0] http://bit.ly/kRPLic

• New Orleans LA cop arrested after flashing badge while trying to pick up undercover cop posing as prostitute [0] http://bit.ly/lFMFOu

That’s it for today, stay safe out there!

1932 Alfa Romeo 6C 1750 GTC Freestone and Webb

Six pictures

Wojtek, The Soldier Bear

Vojtek, bearing shell, the emblem of the 22nd Artillery Supply Company of the Polish Army.

^HISTORY

PICTURE

New Direction by Supreme Court is Cause for Hope for Obamacare Class Action lawsuit

VERBATIM POST

The past two weeks have seen two major Federal court decisions that directly affect our Obamacare Class Action lawsuit. Two weeks ago the Supreme Court confirmed that individual Americans have the right to sue when the Federal government oversteps its Constitutional authority. Then, just yesterday, the 6th Circuit Court of Appeals upheld the Constitutionality of Obamacare’s individual mandate.

The 6th Circuit’s ruling is upsetting. However, it ironically helps our OCA lawsuit. You see, Liberty Legal Foundation has been arguing all along that under current precedent, Congress has no real limitations on its authority, and that this flies in the face of clear language from the Constitution. The 6th Circuit’s ruling yesterday confirms and emphasizes Liberty Legal’s argument. The three-judge panel wrote three separate opinions. Two of the judges upheld the individual mandate while one dissented. What is important to Liberty Legal’s Obamacare lawsuit is the reasons that all three judges gave for their decisions. All three judges essentially agreed that current precedent leaves no appreciable limitations on Congressional authority.

The two majority opinions explain that the 1942 Wickard v. Filburn case granted Congress authority to regulate inactivity. They are correct. The dissenting opinion argues that the courts should draw a line between activity and inactivity. While the dissenting judge is correct that the Constitution protects all Americans from Congressional regulation of inactivity, the majority opinions are also correct that Wickard does not allow such a distinction.

This is why the OCA is so important. Every other lawsuit against Obamacare is making the same mistake. They are all focusing on the individual mandate in an attempt to tinker with the mess that is current precedent. By accepting and attempting to tweak existing commerce clause precedent, rather than focusing on the core underlying problem, they fail. If we are to re-establish our Constitutional Republic we must fix the underlying problem: the 1942 Supreme Court’s gross misinterpretation of the commerce clause in Wickard v. Filburn.

The best news coming out of the 6th Circuit’s opinion is that some Federal judges understand the core problem. Here is the concluding paragraphs from the 6th Circuit’s dissenting judge:

“In [a recent decision] the Supreme Court recognized that the direction of its existing Commerce Clause jurisprudence threatened the principle of a federal government of defined and limited powers, and it began the process of developing a new jurisprudence more compatible with the Constitution. That process was interrupted by Raich [another recent case], where a majority of the Court was unwilling to expressly overrule a landmark Commerce Clause case in Wickard, which had been the law of the land for over sixty years. Notwithstanding Raich, I believe the Court remains committed to the path laid down by Chief Justice Rehnquist and Justices O’Connor, Scalia, Kennedy, and Thomas to establish a framework of meaningful limitations on congressional power under the Commerce Clause. The current case is an opportunity to prove it so. If the exercise of power is allowed and the mandate upheld, it is difficult to see what the limits on Congress’s Commerce Clause authority would be. What aspect of human activity would escape federal power?”

The answer to that last question is NONE! That has been our point all along. The dissenting judge is correct in his assessment of the ultimate outcome, but he is wrong in his conclusion that current precedent allows for a line to be drawn at the “activity/inactivity” distinction. This point is made very well by the other two 6th Circuit judges. So, the answer is that Wickard must be overturned.

Liberty Legal Foundation is the only group that makes this point. Our Obamacare Class Action lawsuit is the only lawsuit currently in the system that argues that ALL of the Obamacare law is beyond Congressional authority, not just the individual mandate. We are the only group arguing that Wickard must be overturned. All the others are arguing that Wickard should be interpreted to allow Obamacare and similar laws, but not the individual mandate. None of the other lawsuits will save our Constitutional Republic. The OCA has the potential to do so.

Just two weeks ago the Supreme Court confirmed its intention “to establish a framework of meaningful limitations on congressional power under the Commerce Clause,” as recognized by the 6th Circuit’s dissenting judge. In Bond v. United States the Supreme Court said:

“The Framers concluded that allocation of powers between the National Government and the States enhances freedom, first by protecting the integrity of the governments themselves, and second by protecting the people, from whom all governmental powers are derived…Federalism also protects the liberty of all persons within a State by ensuring that laws enacted in excess of delegated governmental power cannot direct or control their actions. By denying any one government complete jurisdiction over all the concerns of public life, federalism protects the liberty of the individual from arbitrary power. When government acts in excess of its lawful powers, that liberty is at stake.” Bond v. United States, 564 U.S.__ (2011), at slip op. 8-10; citing Gregory v. Ashcroft, 501 U.S. 452, 458 (1991).

Recent history, including Obamacare, has shown that tinkering with post-Wickard precedent fails to achieve the goal of “establishing a framework of meaningful limitations on congressional power under the Commerce Clause.” For this reason I believe that the Supreme Court is finally ready to consider overturning Wickard. Our job is to help that along by pointing out that the first 150 years of Supreme Court precedent disagrees with Wickard. In fact, until 1942 ALL courts ASSUMED that the commerce clause authority was very limited. That interpretation was based upon clear statements of the Founding Fathers.

We are strategically positioned to make this unique argument to a Supreme Court that is ready and waiting for exactly this argument. Please continue to help by telling everyone you know about the OCA and Liberty Legal. The more members we have in the Obamacare Class Action the more respect we will get.

Thank you all for your continued support.

In Liberty,

Van Irion

Co-Founder, Lead Counsel

LIBERTY LEGAL FOUNDATION

The Townhall Presidential Straw Poll June Results

HERE

US Catches China Buying More Debt Than Disclosed

I had this hanging in my kitchen in Can Tho.

The rules of Treasury auctions may not sound like the stuff of high-stakes diplomacy. But a little-noticed 2009 change in how Washington sells its debt sheds new light on America's delicate balancing act with its biggest creditor, China.

When the Treasury Department revamped its rules for participating in government bond auctions two years ago, officials said they were simply modernizing outdated procedures.

The real reason for the change, a Reuters investigation has found, was more serious: The Treasury had concluded that China was buying much more in U.S. government debt than was being disclosed, potentially in violation of auction rules, and it wanted to bring those purchases into the open — all without ruffling feathers in Beijing.

Treasury officials then worked to keep the reason for the auction-rule change quiet, with the acting assistant Treasury secretary for financial markets instructing subordinates to not mention any specific creditor's role in the matter, according to an email seen by Reuters. Inquiries made at the time by the main trade organization for Treasury dealers elicited the explanation that the change was a "technical modernization," according to a document seen by Reuters. There was no mention of China.

The incident calls into question just how clear a handle the Treasury has had on who is buying U.S. debt. Chinese entities hold at least $1.115 trillion in U.S. government debt, and are thought to account for roughly 26 percent of the paper issued by Washington, according to U.S. government data released on June 15.

China's vast Treasury holdings are both a lifeline and a vulnerability for Washington — if the Chinese sold their Treasurys all at once, it could undermine U.S. markets and the economy by driving interest rates higher very quickly. Scenarios of this sort have been discussed in Washington defense-policy circles for at least a year now. Not knowing the full extent of these holdings would make it even more difficult to assess China's political leverage over U.S. finances.

The Treasury has long said that it has a diversified base of investors and isn't overly reliant on any single buyer to digest new U.S. Treasury issuance. Evidence that China was actually buying more than disclosed would cast doubt on those assurances.

THE 'GUARANTEED' BID

LINK

Most politicians are sociopaths

The premise of this article is that persons who seek and hold elective office have latent, and often overt sociopathic personalities.

The Diagnostic and Statistical Manual of Mental Disorders, fourth edition, DSM IV-TR = 301.7, a widely used manual for diagnosing mental disorders, defines ”antisocial personality disorder” as:¹

A) There is a pervasive pattern of disregard for and violation of the rights of others occurring since age 15 years, as indicated by three or more of the following:

1. failure to conform to social norms with respect to lawful behaviors as indicated by repeatedly performing acts that are grounds for arrest;

2. deception, as indicated by repeatedly lying, or conning others for personal profit or pleasure;

3. impulsiveness or failure to plan ahead;

4. irritability and aggressiveness, as indicated by repeated physical fights or assaults;

5. reckless disregard for safety of self or others;

6. consistent irresponsibility, as indicated by repeated failure to sustain consistent work behavior or honor financial obligations;

7. lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another;

B) The individual is at least age 18 years.

C) There is evidence of conduct disorder with onset before age 15 years.

D) The occurrence of antisocial behavior is not exclusively during the course of schizophrenia or a manic episode.

Now, I’m going to list those characteristics again, and give examples in bold print after each characteristic. Some of this will be tongue-in-cheek, but that doesn’t mean it’s not true:

A) There is a pervasive pattern of disregard for and violation of the rights of others occurring since age 15 years (runs for Student Council, runs for Class President, editor of the school newspaper, becomes an attorney, etc.), as indicated by three or more of the following:

1. failure to conform to social norms with respect to lawful behaviors as indicated by repeatedly performing acts that are grounds for arrest (voting to violate the US or state constitution is a criminal act);

2. deception, as indicated by repeatedly lying (campaign pledges), or conning others for personal profit or pleasure;

3. impulsiveness or failure to plan ahead (voting for any bill without reading it, voting to spend tax money on unconstitutional acts, or raising the Federal debt ceiling to allow Washington to borrow more money it cannot repay);

4. irritability and aggressiveness, as indicated by repeated physical fights or assaults (in election season, going negative to destroy political opponents);

5. reckless disregard for safety of self or others (allowing the Department of Homeland Security and the TSA to even exist, voting for anything that violates the 2nd Amendment, 4th Amendment, 5th Amendment…pretty much any of the Amendments in the Bill of Rights);

6. consistent irresponsibility, as indicated by repeated failure to sustain consistent work behavior or honor financial obligations (a history of employment in government, spending tax money profligately, failing to pass balanced budgets, hiding off-budget spending, using government accounting principles instead of GAAP²);

7. lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another (running for re-election);
B) The individual is at least age 18 years.
C) There is evidence of conduct disorder with onset before age 15 years.
D) The occurrence of antisocial behavior is not exclusively during the course of schizophrenia or a manic episode.

You see? Most politicians are sociopaths. You’d be hard pressed to find one that isn’t.

LINK