Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger
Since Professor Turley is snowbound in the Winter Wonderland, the weekend warriors are back to bring your blood pressure up!
I have been critical of the Right Wing Mass Media for its continual banging of the drum of hate towards President Obama and the Democrats in general. Now, there are times that the Democrats and President Obama should be called on the carpet. For instance, for not confronting the Bush torture crowd and for claiming that the President has the authority to kill American citizens without due process, just to name a couple. However, the civility that President Obama has asked for in his latest speeches, have gone unheeded by many on the Right and some on the Left.
We all succumb to the emotion at times and say things that we shouldn’t, but the Right seems to carry these statements to an extreme and they are unapologetic for it. Yesterday, fans of Rush Limbaugh faxed death threats to California State Representative and San Francisco Mayoral candidate, Leland Yee, because Lee had requested Rush to apologize for Rush’s ill-tempered and racially charged comments about the Chinese President during his recent visit to the United States. Rush mocked President Hu Jintao’s speech and Mr. Yee “..said Limbaugh owes the Chinese community an apology for his “pointless and ugly offense.” ‘. http://www.sfexaminer.com/local/crime/2011/01/leland-yee-receives-racist-death-threat
You can guess the result of State Rep. Lee’s request for an apology from Rush Limbaugh. He continued his rant and mocked Rep. Lee on the next program. I know some of you will want to know why the authorities believe that Rush’s fans are behind the death threats. Take a look at one of the faxes on the link below and you will understand. Rep. Lee received similar threats in April of last year that are also being investigated.
I would put the fax on here, but the language is a bit “rough”. See below for a link to the faxes in question. Those who continue to voice their ugly rhetoric in the mass media have a responsibility for the result of that rhetoric. I for one think they are getting the response that they are looking for. What do you think?
http://www.sfexaminer.com/files/blog_files/Yee%20threat%20flier.pdf
Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger
BIL:
Me thinks the young-un and his equally challenged “survival group” are similar to Randy Weaver & Family.
The question is – are they waiting for Armaggeddon or the white race purity war??
Stamford,
I agree with you that at some point I say let Texas and Arizona secede and see what they do without Federal dollars and federal military installations, etc.
Vince:
I appreciate your insight and the additional info – I found the bill last night and read through it. The legislature’s interpretation of the Constitution is, to be kind, quite convoluted.
For a party that campaigned on job creation and reducing spending, the GOP seems to be only interested in wasting taxpayer funds on litigating unconstitutional legislation.
My sister said the legislature is now working on a bill to repeal the state’s Medicaid program wherein the state would lose $7.5 billion in federal funds, and use the state’s portion of $5+ billion towards long-term care, the developmentally disabled and mental care programs, while leaving out the rest of Arizonan’s who would otherwise qualify.
Is it me or does it seem that legislation in support of secession isn’t too far down the road?
Chandra,
That would be Mr. Or Mrs. J. F. W. Ewe to you. Don’t they teach you anything except fortification at your prep school? Adultry is permissible as I understand it. But it must be either your sons or brothers wife.
Thank you,
Mr. Ewe
Gyges,
And I can also hear a distinct whirring noise as Sun Tzu turns in his grave because somebody 1) listed his supplies including gold – which in a survival scenario will only be useful if you eat it and 2) told essentially the entire world where he’s (roughly) at. They have a saying for that kind of action around these parts.
Easy pickin’s.
[youtube=http://www.youtube.com/watch?v=oI8ZoWrUrCs&w=480&h=390]
Buddha,
I love the smell of the Turner Diaries in the morning, smells like… fantasy.
Chan,
Just out of curiosity, what procedures do you follow per keeping the food and water rotated?
For example, do you have a certain time of month or year that you eat and replace the older rations? Do you have a set percentage of freeze dried v. canned/mre food to work in tandem with the amount of water you store?
Like I said, just curious.
Gyges:
I specifically said that when an apple tree is in a state of nature that you do not have a right to all the apples on the tree.
If you and I were in a forest and there was one apple tree I would presume that it belonged to both of us equally to use. In other words we should split the apples on the tree for our mutual benefit.
However once either one of us has taken seeds and grown an orchard, the apples on those trees are no longer in common. You have no natural right to apples I have labored over. At that point the original apple tree is still common property although I have no need of it and would give it up to you for your use.
By what right do you have a claim on apples that I produced by my own efforts? When you had the same opportunity to grow your own orchard but didn’t or couldn’t.
Your need does not entitle you to any of the apples I grew. If you want my apples come and trade something for them that I need or do work for me in return for apples. If you could not work because you were blind I would certainly help you but even then it would be my right to ask you to tell me stories to earn your keep or peel and core my apples.
Everyone needs to earn their own living, it is what gives us a sense of worth, no matter how menial the job. I can still remember the first lawn I cut for money and the first snow I shoveled off a driveway. It was a good feeling to take part of that money and go to a movie or by dinner for myself with money I had earned.
If you can work, you should. If you get money for welfare or whatever other form of government aid, you should do something for society to earn it. Society is doing something for you.
You and Buddha seem to want a one way street and a chicken in every pot. But that chicken should be earned even if it was bought with government money.
Progressive ideas have gotten us to the point where we have an entire class of people who are helpless and cannot fend for themselves. They are dependent on a monthly check from their government. If that check ever stops coming heaven help us. Progressive ideas have created a beast.
Chandra,
Ewe you are so exciting when you speak like that. You are such a man…..grrrrr oooeeee
Chan,
So, once again: Locke is saying “Me, after others have been considered.”
Telling a 5 year old “take all you want” is sure to yield different results than “take some, but make sure there’s plenty left for the others.” That’s an argument for regulation of industry, not for charity.
Look, I don’t really think that anything I could say could convince you that YOU are the one trying to mooch off of others. So I’m not going to bother. However, I do have a weakness for the English language, and hate to see it get tortured to justify a faulty premise.
I’m pretty sure I’ve made my point, so I’m done.
Ewe:
you arent very good at it. Give it up Jill Chavez.
Buddha:
now how is reality going to bite me on the ass? I am prepared for almost all contingincies that might occur in the coming collapse of our progressive society.
The people on welfare wont be able to find us because they dont know how to read maps.
But here are the coordinates just for you in case you run out of compassion:
48.240681, -108.992014
dont share them with anyone else.
Damn, where did we pick up that bright boy from? Intelligence like this makes him qualified to be president. Do you suspect that he has a valid birth certificate? I hope so, ALF’s do need one don’t they?
Chan, yes this is directed at you.
And I can’t wait to see how surprised you are when reality bites you on the ass.
Buddha:
we all have 6 months of food and water stored away. We also have a sufficient number of generators among us and enough diesel fuel stored to run them all for at least 3 months full time. 10 of us are on wells.
Plus we each have a couple of farm animals, some have pigs, some sheep, some cows and some chickens. We also have 3 guys who have large greenhouses and we each have a family garden of at least 1000 sq. feet.
We figure our 50 families can last a year pretty comfortably without outside help.
We also have horded gold and if things get to bad one of our group is a rich guy who has 500 acres in the middle of nowhere.
We are ready when the house the progressives built comes tumbling to the ground and the streets are running red with blood. I cant wait to see how compassionate really are.
Oooo.
And a violence prone sociopath too!
Congratulations!
You’re well on your way to being a psychopath.
Let’s forget for moment that the issue is the fabric of society on a daily basis – not in the extremis of disaster. As little as you actually know about economics, history, law and every other subject you’ve run off at the head about? You know even less about natural disasters.
Your parent’s clear mental dysfunction shows that the apple doesn’t fall far from the sociopathic tree either. Here’s a hint: looter’s weren’t the primary problem at Katrina, dipstick. It was that flooding had destroyed much of the city’s infrastructure. It was a lack of basic services like food, clean water, rescue and medical services. Looting was a symptom of the extremes people had to go to in order to survive in the face of the lack of societies fundamental support mechanisms. Most of the “looters” were simply looking for food, water and/or medical supplies. The violence came from professional criminals and citizen militias exploiting the lack of law enforcement to take non-essential items like electronics and Cadillacs and area cops who decided to do a lil’ non-essential looting themselves – like electronics and Cadillacs. The cops even threw in a bit of killing of unarmed civilians simply trying to escape the disaster area just for good measure. Not only do you talk out of your ass about a situation you don’t have a proper frame of reference to discuss let alone opine upon, it’s clear that your dad is a moron too who probably gets most of his information from FAUXNews who spent all their time post-Katrina ranting about “looting” instead of focusing on the real problem: the failures of contractors to do the job FEMA and the military were supposed to be doing.
Worried? I could give a rat’s ass about the greedy and especially the sociopathic greedy. I save my compassion for the needy.
A natural disaster on the scale of Katrina? No amount of preparedness is adequate. None. It would turn you and your “citizen militia” into the needy reallllllllll quick, sport. Or – and this is my bet – into armed and violent looters yourself. Ammunition means very little if you don’t have clean water after about three days. It counts for little if you’re out of food for more than a week. It means even less if you’re injured without proper care. Mother Nature is an equal opportunity destroyer. Your feelings of false superiority in the face of nature’s random chance is just that: false. Like all the lies that are your sociopathic life.
Buddha:
we aren’t too worried about hungry liberals and gang bangers taking our food or our house. We have a local citizens militia in our neighborhood. A mutual aid society, we aren’t going to rely on the police when the food shortages hit.
There are about 50 families in our neighborhood who have formed a citizens militia to protect our property. My dad and some of his friends did it in the wake of all the looting after Hurricane Katrina. They all have a semi-automatic rifle with 2,000 rounds of ammunition. The rifles have to be chambered in .30-06 or above (you know enough to kill a looter) and each man has to have at least 10 20 round clips.
There a couple of former Marine officers in our neighborhood who saw combat in Vietnam or Gulf War I so they do training a couple of times a year at a local shooting range. And we have paintball outings to practice field tactics. It is all a bunch of good fun and educational to.
You know what they say – A well armed militia…
So you don’t have to worry, we got that covered. And everyone one of the 50 guys can put it in the 10 ring at 200 hundred yards and are proficient with pistols as well.
They teach preparedness in Boy Scouts.
SY, here is the text of the bill:
Text:
SB 1433
Introduced by Senators Klein, Allen; Representatives Burges, Harper: Senator Pearce R; Representative Montenegro
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 7, article 12, Arizona Revised Statutes, is amended by adding section 41-1291, to read:
START_STATUTE41-1291. Joint legislative committee on nullification of federal laws; membership; recommendations; legislative action
A. The joint legislative committee on nullification of federal laws is established consisting of the president of the senate or the president’s designee, who serves as cochairperson, six members of the senate who are appointed by the president of the senate, the speaker of the house of representatives or the speaker’s designee who serves as cochairperson and six members of the house of representatives who are appointed by the speaker of the house of representatives. No more than four members of the senate and no more than four members of the house of representatives may be from the same political party. Members shall serve two year terms beginning and ending on the convening of the regular session of the legislature each odd numbered year.
B. A majority of the members constitute a quorum for the transaction of business. The committee shall meet on the call of either cochairperson.
C. the committee shall recommend, propose and call for a vote by simple majority to nullify in its entirety a specific federal law or regulation that is outside the scope of the powers delegated by the People to the federal government in the United States Constitution. The committee shall make its recommendation within thirty days after receiving the federal legislation for consideration and process.
D. The committee may review all existing federal statutes, mandates and Executive orders for the purpose of determining their constitutionality. The committee may recommend for nullification existing federal statutes, mandates and Executive orders enacted before the effective date of this section.
E. On the committee’s recommendation for nullification, the legislature shall vote on whether to nullify the action within sixty days after the committee’s recommendation. Until the vote, the issue in question is of no effect. The appropriate documentation reflecting the legislature’s vote shall be documented in the journals of the respective houses.
F. If the legislature votes by simple majority to nullify any federal statute, mandate or Executive order on the grounds of constitutionality, this state and its citizens shall not recognize or be obligated to live under the statute, mandate or executive order.
G. The committee shall ensure that the legislature adopts and enacts all measures that may be necessary to prevent the enforcement of any federal law or regulation nullified pursuant to this section. The committee shall ensure that the jurisdiction of any cause of action between this State and the federal government regarding nullification of any federal legislation, mandate or executive order with the Supreme Court of the United States alone, as stated in Article III, section 2, United States Constitution. END_STATUTE
Sec. 2. Legislative intent
The legislature finds and declares:
1. The Tenth Amendment to the United States Constitution guarantees and reserves to the states or their people all powers not specifically granted to the federal government elsewhere in the Constitution as they were publicly understood at the time that the amendment was ratified on December 15, 1791, subject only to modification by duly ratified subsequent amendments to the United States constitution. The guarantee of those powers is a matter of compact between this state and the United States as of the time Arizona was admitted to statehood in 1912.
2. As a matter of compact between this state and the United States as of the time Arizona was admitted to statehood in 1912, the Tenth Amendment to the United States Constitution guarantees to this state that, other than the enumerated powers expressly granted to the United States under Article I, section 8 of the United States Constitution, Congress and the federal government will not exercise any purported additional control over or commandeer rights belonging to this state or its people.
3. Under the Tenth Amendment to the United States Constitution, the people and this state retain their exclusive power to regulate this state subject only to the Fourteenth Amendment’s guarantee that the people and the state of Arizona exercise those sovereign powers pursuant to each citizen’s lawful privileges or immunities and in compliance with the requirements of due process and equal protection of the law.
4. The ninth amendment to the United States Constitution secures and reserves to the people of Arizona as against the federal government their natural rights to life, liberty and property as entailed by the traditional Anglo-American concept of ordered liberty and as secured by state law, including their rights as they were understood and secured by the law at the time the amendment was ratified on December 15, 1791, as well as their rights as they were understood and secured by the law in this state at the time the Arizona Constitution was adopted. The guarantee of those rights is a matter of compact between this state and the United States as of the time Arizona was admitted to statehood in 1912.
5. At the time the United States Constitution was ratified on June 21, 1788, the sole and sovereign power to regulate the state business and affairs rested in the state legislature and has always been a compelling state concern and central to state sovereignty. Accordingly, the public meaning and understanding of Article I, section 8, the “establishment clause” of the First Amendment and the Tenth Amendment of the United States Constitution, is a matter of compact between this state and the United States as of the time Arizona was admitted to statehood in 1912. Further, the power to regulate commerce among the several states as delegated to the Congress in Article I, section 8, clause 3, United States Constitution, as understood at the time of the founding, was meant to empower Congress to regulate the buying and selling of products made by others, and sometimes land, associated finance and financial instruments and navigation and other carriage across state jurisdictional lines. This power to regulate commerce does not include agriculture, manufacturing, mining, major crimes or land use, and does not include activities that merely substantially affect commerce.
6. At the time the United States Constitution was ratified on June 21, 1788, the commerce clause was not meant or understood to authorize Congress or the federal judiciary to regulate the state courts in the matter of state substantive law or state judicial procedure. This meaning and understanding of Article I, section 8, the Establishment Clause of the First Amendment and the Tenth Amendment of the United States Constitution, as they pertain to the validity of religious sectarian or foreign law as being controlling or influential precedent, has never been modified by any duly ratified amendment to the United States Constitution. Accordingly, the public meaning and understanding of Article I, section 8 and the Tenth Amendment of the United States Constitution is a matter of compact between this state and the United States as of the time Arizona was admitted to statehood in 1912. Additionally, Article I, section 8, clause 18 of the United States Constitution, the “necessary and proper clause,” is not a blank check that empowers the federal government to do anything it deems necessary or proper. It is instead a limitation of power under the common law doctrine of principals and incidents that allows the Congress to exercise incidental powers. There are two main conditions required for something to be incidental, and therefore, “necessary and proper”, the law or power exercised must be directly applicable to the main, enumerated power and it must be “lesser” than the main power.
7. At the time the United States Constitution was ratified on June 21, 1788, Article I, section 8, clause 1 of the United States Constitution, the “general welfare clause,” did not empower the federal government with the ability to do anything it deems good. It is instead a general introduction explaining the exercise of the enumerated powers of Congress that are prescribed in Article I, section 8 of the Constitution of the United States. When James Madison was asked if this clause was a grant of power, he replied, “If not only the means but the objects are unlimited, the parchment (the Constitution) should be thrown into the fire at once.” Thus, this clause is a limitation on the power of the federal government to act in the welfare of all when passing laws in pursuance of the powers delegated to the United States. The Commerce Clause was not meant or understood to authorize Congress or the federal judiciary to establish religious sectarian or foreign statute or case law as controlling or influential precedent. This meaning and understanding of Article I, section 8, the establishment clause of the First Amendment and the Tenth Amendment of the United States Constitution, as they pertain to controlling or influential legal authority, has never been modified by any duly ratified amendment to the United States constitution. Accordingly, the public meaning and understanding of Article I, section 8, the Establishment Clause of the First Amendment and the Tenth Amendment of the United States Constitution, is a matter of compact between this state and the United States as of the time Arizona was admitted to statehood in 1912.
8. Accordingly, we affirm that neither the “Commerce Clause,” the “general welfare clause” or the “necessary and proper clause” of the United States Constitution have ever been expanded, modified or amended and therefore, this state specifically rejects and denies any expanded authority that the federal government may attempt to enforce.
9. The Congress and the federal government are denied the power to establish laws within this state that are repugnant and obtrusive to state law and to the people in this state. They are restrained and confined in authority by the eighteen items as prescribed in Article I, section 8 of the United States Constitution.
10. Congress and the federal government are denied the power to bind the states under foreign statute or case law other than those provisions duly ratified by the Congress as a treaty, so long as the treaty does not violate this state or the United States Constitution.
11. Further, no authority has ever been given to the legislative branch, the executive branch or the judicial branch of the federal government to preempt state legislation.
12. This act serves as a notice and demand to the Congress and the federal government to cease and desist all activities outside the scope of their constitutionally designated powers.
Sec. 3. Secretary of state; transmission of act to others
A. The Secretary of State shall transmit copies of this act to the legislatures of the several states to assure that this state continues in the same esteem and friendship as currently exists and that this state considers union for specific national purposes and particularly those enumerated in the Constitution of the United States to be friendly to the peace, happiness and prosperity of all the states.
B. The Secretary of State shall transmit copies of this act to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona with the request that this act be officially entered into the congressional record.
Slarts,
I was assuming that he would refuse Obama care just like the Republican Reps and Senators who will not give up their government paid health insurance. But he does like greed so you may be right!