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Freedom Watch
FREEDOM WATCH is information pertaining to government abuse of power, trashing of the Constitution, destructive monetary policies, 2nd Amendment, political correctness run amok, etc. It is FREE and sent to you via E-mail. To subscribe send an e-mail to: FreedomWatch-subscribe@topica.com FREEDOM WATCH http://fwatch.blogspot.com/
I appreciate your site and what you are trying to do. I realize that long distance endorsements can be tricky. However I take great exception to your endorsement of George Flynn over Wilson Stooksberry for US district 9 in Tn. Flynn is an establishment insider here in Shelby County. He will vote with the establishment every time. He has no knowledge of any issues other than what the establishment republicans commonly spout. When asked about NDAA he was totally ignorant. Stooksberry on the other hand is a dedicated Christian, a brilliant Constitutional supporter and an Afghan vet with 56 combat missions as a special ops pararescueman. He alone scored 100% on the local Tea Party candidates questionaire. There is simply no comparison! http://votestooks.com/?page_id=103
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In my 32 years of forecasting trends, never have I been more troubled about what's going on in the world today and where the future is heading.
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You know you live in an Upside-down Land if...
Your government believes the best way to eradicate trillions of dollars of debt
is to spend trillions more of our money.
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No Such Thing as Constitutional Rights
http://libertycrier.com/u-s-constitution/no-such-thing-as-constitutional-rights/
ALL AMERICANS TO RECEIVE MICROCHIP SOON
By Paul McGuire
NewsWithViews.com
http://www.newswithviews.com/McGuire/paul136.htm
DOJ Suggests Criticism of Islam Could Be Criminalized
Refuses to rule out Shariah-style law in the United States
Paul Joseph Watson
Prison Planet.com
http://www.prisonplanet.com/doj-suggests-criticism-of-islam-could-be-criminalized.html
UN Gun Grab Fails
For now. Article by Tom Eddlem.
http://thenewamerican.com/world-news/item/12252-un-conference-fails-to-agree-to-arms-transfer-treaty-att
New Bill Threatens to EFFECTIVELY BAN ONLINE SALES OF AMMUNITION
Mac Slavo
http://www.shtfplan.com/headline-news/breaking-new-bill-threatens-to-ban-online-sales-of-ammunition-obama-evaluating_07302012
All Three Branches of Government Plan to Dismantle the Second Amendment
By Al Benson Jr.
http://revisedhistory.wordpress.com/2012/07/31/all-three-branches-of-government-plan-to-dismantle-the-second-amendment/
Rationing Begins: States Limiting Drug Prescriptions for Medicaid Patients
http://cnsnews.com/news/article/rationing-begins-states-limiting-drug-prescriptions-medicaid-patients
Is America running out of doctors?
ObamaCare is set to expand the number of insured Americans, but an apparent shortage of doctors could make it difficult to treat them all
http://theweek.com/article/index/231267/is-america-running-out-of-doctors
Court Finds Obama Appointees Interfered with New Black Panther Prosecution
http://washingtonexaminer.com/federal-court-finds-obama-appointees-interfered-with-new-black-panther-prosecution/article/2503500
Race Hucksters
God Save Us from Federal Help
Fred On Everything
Scurrilous Commentary by Fred Reed
http://www.fredoneverything.net/Race_Hucksters.shtml
Federal Reserve Bank (Inc.) A Murderous History?
Banksters, the Worlds Worst Gangsters
http://www.libertyforlife.com/banking/federal_reserve_bank.html
The "Fed" caught RED Handed
YouTube
http://www.youtube.com/watch?v=LQNXtFzzsbU&feature=em-share_video_user
2 months to go: Autumn NC PATCON (Patriot Convention) Action necessary
http://freenorthcarolina.blogspot.com/2012/07/2-months-to-go-autumn-nc-patcon-patriot.html
Gary Johnson 2012 http://www.garyjohnson2012.com/ National Police Misconduct NewsFeed Daily Recap http://www.injusticeeverywhere.com/ HOW TO CONTACT CONGRESS The right to "petition" government in this manner was secured by our Founding Fathers. As Sam Adams famously wrote, "It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." What the limited-government movement needs are a few good pyromaniacs. If you want to contact Congress on any issue, you can do so toll-free by calling (800) 862-5530. When the Capitol operator answers, simply ask to be connected to a particular congressman or senator.
___
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http://tekgnosis.typepad.com/tekgnosis/2012/04/join-my-youngevity-team-that-has-the-best-health-products-and-other-expanding-products-and-services-.html
Very informative video:
http://www.youtube.com/watch?v=I-nZ9vv1EyM
July 31, 2012 in Current Affairs | Permalink
Freedom Watch
FREEDOM WATCH is information pertaining to government abuse of power, trashing of the Constitution, destructive monetary policies, 2nd Amendment, political correctness run amok, etc. It is FREE and sent to you via E-mail. To subscribe send an e-mail to: FreedomWatch-subscribe@topica.com FREEDOM WATCH http://fwatch.blogspot.com/
stand against Obama. Send them a message.
PSC 3 - Chuck Eaton
PSC 5 - Stan Wise
A list of pro life candidates for Georgia 2012 election
GA House 21 R I Sean Jerguson
GA House 26 R Tom Knox
GA House 45 R I Matt Dollar
GA House 46 R I John Carson
GA House 106 R I Brett Harrell
GA House 114 R Rodney Upton
GA House 117 R Doug McKillip
GA House 121 R Barry Fleming
Senate 47 R Frank Ginn
Additional GA Legislative races are listed at:
http://christiancitizens.org/georiga_conservative_voting_guide.html
These 5 referendum will appear on Republican Ballots:
NO
2. Do you support ending the current practice of unlimited gifts from lobbyists to state legislators by imposing a $100 cap on such gifts?
YES
3. Should active duty military personnel who are under the age of 21 be allowed to obtain a Georgia weapons license?
YES
4. Should citizens who wish to vote in a primary election be required to register by their political party affiliation at least thirty (30) days prior to such primary election?
YES
5. Should the Constitution of Georgia be amended so as to provide that the paramount right to life is vested in each innocent human being from his or her earliest biological beginning without regard to race, sex, health, function or condition of dependency?
YES
Note: These questions are an opinion poll for the Republican Party. A yes or no majority vote will not change any laws; it will instead give party officials some understanding of the constituents’ opinions.
Pros and cons on a evenly divided electorate are provided at the below link.
Continue forwarding until 6:00 on Tuesday, July 31.
More information more races at:
http://christiancitizens.org/georiga_conservative_voting_guide.html
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Vote For TN Tea Party Conservative Candidates for Congress August 2
Our problem is the incumbent establishment Republicans who take weak stands.
Zach Poskevich (R) is the preferred Republican over establishment incumbent moderate Bob Corker.
seeking election to the U.S. Senate in the Democrat Primary.
Congress District 2 - Joe Leinweber Jr. (R) Tea Party Conservative will send a message to incumbent John Duncan.
challengers and the incumbents at:
http://christiancitizens.org/Tennessee-conservative-candidates.html
70% percent and lower is considered to be a poor moderate voting record.
With the ranking reflecting the dominance of establishment moderates, and a lack of
solid conservatives from Tennessee.
TN 7 Rep. Marsha Blackburn R - 79%
TN 6 Rep. Diane Black R - 77%
TN 8 Rep. Stephen Fincher R - 74%
TN TN Sen. Bob Corker R - 74%
TN 3 Rep. Chuck Fleischmann R - 72%
TN 4 Rep. Scott DesJarlais R - 67%
TN 2 Rep. John Duncan Jr. R - 64%
TN 1 Rep. Phil Roe R - 60%
TN TN Sen. Lamar Alexander R - 52%
TN 5 Rep. Jim Cooper D - 27%
TN 9 Rep. Steve Cohen D - 16%
Source is Heritage Action Score Card, and also John Birch Society.
Senate District 4 Lt. Governor Ron Ramsey* R
Senate District 6 Becky Duncan Massey* R
Senate District 12 Ken Yager* R
Senate District 14 Jim Tracy* R
Senate District 22 Mark Green, MD R
Senate District 26 Dolores Gresham* R
Senate District 28 Joey Hensley, MD R
- Woody Degan is the clear conservative choice against incumbent
- Mark Norris, who is noted for being one of the most liberal Republicans in the TN Legislature, supporting the UN Agenda 21 agenda and other big government issues.
recommended conservative tea party candidates in the Tennessee House
visit:
http://christiancitizens.org/Tennessee-conservative-candidates.html
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You know you live in an Upside-down Land if...
You can get arrested for expired tags on your car
but not for being in the country illegally.
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Washington Post Claims Persons Who Seek Privacy Are Criminals
http://libertycrier.com/u-s-constitution/washington-post-claims-persons-who-seek-privacy-are-criminals/
REPORT: 'HOMELAND SECURITY' GEARS UP FOR CIVIL UNREST PRIOR TO ELECTION
http://rt.com/usa/news/dhs-unrest-gear-283/
U.S. Army Purchases Riot Gear As Fears Over Civil Unrest Grow
Follows DHS in preparation for domestic disorder
Paul Joseph Watson
Prison Planet.com
http://www.prisonplanet.com/u-s-army-purchases-riot-gear-as-fears-over-civil-unrest-grow.html
How Corrupt, Lazy And Filthy Rich U.S. Congress Members Have Become
http://chasvoice.blogspot.com/2012/07/how-corrupt-lazy-and-filthy-rich-us.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+blogspot%2FhRRzR+%28Charleston+Voice%29
Obama & Congress’s Total Gun Ban Bill: A Criminal Act
Prisonplanet.com
http://www.prisonplanet.com/obama-congresss-total-gun-ban-bill-a-criminal-act.html
United Nations Arms Trade Treaty Stalled But Not Dead Yet
By Al Benson Jr.
http://revisedhistory.wordpress.com/2012/07/28/united-nations-arms-trade-treaty-stalled-but-not-dead-yet/
ENVIRONMENTAL PROTECTION OR GLOBAL GOVERNANCE?
by Tom DeWeese
NewsWithViews.com
http://www.newswithviews.com/DeWeese/tom219.htm
VA farmers plan pitchfork protest over fines -- for selling farm products!
http://washingtonexaminer.com/examiner-local-editorial-fauquier-county-steps-over-the-line/article/2503450
Oregon criminalizes permaculture; claims state ownership over all rainwater – ponds and swales restricted – jail time for violators
Mike Adams
Natural News
http://www.naturalnews.com/036615_Oregon_rainwater_permaculture.html
Police Officer Tased a 12-Year-old Girl Inside a Victoria’s Secret
http://libertycrier.com/front-page/police-officer-tased-a-12-year-old-girl-inside-a-victorias-secret/
THE MARINES BELIEVE THERE IS HONOR IN THIS?
http://republicbroadcasting.org/index.php?cmd=news.article&articleID=3975
Bring Back the Old Conservatism
Without Hamilton, Lincoln, or Kristol. Article by Clyde Wilson.
http://lewrockwell.com/wilson/wilson35.1.html
Gary Johnson 2012 http://www.garyjohnson2012.com/ National Police Misconduct NewsFeed Daily Recap http://www.injusticeeverywhere.com/ HOW TO CONTACT CONGRESS The right to "petition" government in this manner was secured by our Founding Fathers. As Sam Adams famously wrote, "It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." What the limited-government movement needs are a few good pyromaniacs. If you want to contact Congress on any issue, you can do so toll-free by calling (800) 862-5530. When the Capitol operator answers, simply ask to be connected to a particular congressman or senator.
___
Would you like to make a nice residual income? Get started today, join my team! Team up with Alex Jones' Infowars - Youngevity Business Team for ultimate health, wealth. A healthy body is a happy body!
http://tekgnosis.typepad.com/tekgnosis/2012/04/join-my-youngevity-team-that-has-the-best-health-products-and-other-expanding-products-and-services-.html
Very informative video:
http://www.youtube.com/watch?v=I-nZ9vv1EyM
July 30, 2012 in Current Affairs | Permalink
California Attorneys for Major Internet Media Companies Fail to Produce Licenses to Practice Law
---------- Forwarded message ----------
From: Paul Andrew Mitchell
Date: Sun, Jul 29, 2012 at 6:53 PM
Subject:
NOTICES OF DEFAULT AND NOTICES OF INTENT, BY AFFIDAVIT,
United States ex rel. Interpleader, Case No. 2:11-cv-00711 MJP (USDC/Seattle)
To: [Investor Relations contacts]
http://www.supremelaw.org/cc/google.inc/Notices.of.Default.and.Intent.Supp1.pdf
http://www.supremelaw.org/cc/interval.licensing/AllenvGoogle-236.pdf
http://www.supremelaw.org/cc/aol2/criminal.complaint.4.pdf
--
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/reading.list.htm
http://www.supremelaw.org/index.htm (Home Page)
http://www.supremelaw.org/support.policy.htm (Support Policy)
http://www.supremelaw.org/guidelines.htm (Client Guidelines)
http://www.supremelaw.org/support.guidelines.htm (Policy + Guidelines)
All Rights Reserved without Prejudice
___
Would you like to make a nice residual income? Get started today, join my team! Team up with Alex Jones' Infowars - Youngevity Business Team for ultimate health, wealth. A healthy body is a happy body!
http://tekgnosis.typepad.com/tekgnosis/2012/04/join-my-youngevity-team-that-has-the-best-health-products-and-other-expanding-products-and-services-.html
Very informative video:
http://www.youtube.com/watch?v=I-nZ9vv1EyM
July 30, 2012 in Current Affairs | Permalink
Qidong China Protest Photos
http://cryptome.org/2012-info/qidong/qidong-protest.htm
Cryptome Protest Photos Series: http://cryptome.org/protest-series.htm
___
Would you like to make a nice residual income? Get started today, join my team! Team up with Alex Jones' Infowars - Youngevity Business Team for ultimate health, wealth. A healthy body is a happy body!
http://tekgnosis.typepad.com/tekgnosis/2012/04/join-my-youngevity-team-that-has-the-best-health-products-and-other-expanding-products-and-services-.html
Very informative video:
http://www.youtube.com/watch?v=I-nZ9vv1EyM
July 28, 2012 in Current Affairs | Permalink
Oppose Senate Bill 3414 / A message from C4L (Campaign for LIberty)
Dear Juan,
The Senate could move anytime on S. 3414, the Cybersecurity Act of 2012, and I hope you’ll contact your senators to urge them to oppose cloture right away.
Although Senate leadership has tweaked the bill due to the massive outpouring of grassroots criticism they’ve received this past year over previous Internet legislation, S. 3414 will still be a rushed product, as both parties are negotiating final details – right before the vote.
The American people deserve to know what’s in S. 3414 before their senators vote on further consideration, especially when it comes to an issue as important as our freedoms online.
As it stands, S. 3414 would create yet another government bureaucracy (a “National Cybersecurity Council”), and it could guarantee companies engage in more invasions of our privacy.
So click here to find your senators’ information. Since the vote could come at any time, please call right away to urge them to oppose cloture on S. 3414!
In Liberty,
Matt Hawes
Vice President
P.S. The Senate is expected to hold a cloture vote soon on S. 3414, the Cybersecurity Act of 2012, and final details will likely continue to be worked out on the bill right up until the vote.
The American people deserve to know everything that will be in this legislation before it moves on for further consideration.
So please contact your senators right away to urge them to oppose cloture on S. 3414 and allow their constituents time to look over the final bill.
As always, if you’re able at this time, you can help C4L expand our efforts to protect liberty on all fronts by chipping in $10 or $20.
___
Would you like to make a nice residual income? Get started today, join my team! Team up with Alex Jones' Infowars - Youngevity Business Team for ultimate health, wealth. A healthy body is a happy body!
http://tekgnosis.typepad.com/tekgnosis/2012/04/join-my-youngevity-team-that-has-the-best-health-products-and-other-expanding-products-and-services-.html
Very informative video:
http://www.youtube.com/watch?v=I-nZ9vv1EyM
July 27, 2012 in Current Affairs | Permalink
World Hunger
LA TIMES started a 5 part series this week, here is PORTAL to them, on
the HUNGRY PLANET. Sent Reporter and Photog around the world.
http://www.masterjules.net/hungmout.htm
___
Would you like to make a nice residual income? Get started today, join my team! Team up with Alex Jones' Infowars - Youngevity Business Team for ultimate health, wealth. A healthy body is a happy body!
http://tekgnosis.typepad.com/tekgnosis/2012/04/join-my-youngevity-team-that-has-the-best-health-products-and-other-expanding-products-and-services-.html
Very informative video:
http://www.youtube.com/watch?v=I-nZ9vv1EyM
July 27, 2012 in Current Affairs | Permalink
Ron Paul Addresses the House on his Auditing the Fed Bill
http://www.lewrockwell.com/blog/lewrw/archives/116379.html
For Truth & Liberty,
Mark Ferguson
Vote Congress Out in 2012:
Ron Paul for President 2012:
___
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http://tekgnosis.typepad.com/tekgnosis/2012/04/join-my-youngevity-team-that-has-the-best-health-products-and-other-expanding-products-and-services-.html
Very informative video:
http://www.youtube.com/watch?v=I-nZ9vv1EyM
July 27, 2012 in Current Affairs | Permalink
Private Attorney General's OBJECTIONS to misconstruction of the Supremacy Clause
From: Paul Andrew Mitchell
To: Michael Rivero
Sent: Friday, July 27, 2012 10:59 AM
Subject: Private Attorney General's OBJECTIONS to misconstruction of the Supremacy Clause
> There is a section of Article 6 that is often quoted as proving that treaties supersede all other law. "all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land." But, this quote has been taken out of context, and a re-reading of the full Article shows that Treaties, together with the Constitution and all Constitutional laws are the Supreme law of the land, and leaves open the question of what happens when a treaty obligation conflicts with the Constitution.
No.
It does not leave open the question of what happens
when a Treaty obligation conflicts with the U.S. Constitution.
Here's the Supremacy Clause in question:
http://www.supremelaw.org/ref/whuscons/whuscons.htm#6:2
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
A U.S. Treaty can only be made "under the Authority of the United States",
and that "Authority" is the Constitution for the United States of America.
If the U.S. Senate tries to ratify a proposed treaty that is not authorized
by the Constitution, it is not a lawful United States Treaty.
A particular example has arisen recently from the Reservations,
Understandings and Declarations ("RUD") which the Senate attached
to its ratification of the International Covenant on Civil and Political Rights:
http://www.supremelaw.org/ref/treaty/reservations.htm
Declaration (1) states:
"(1) That the United States declares that
the provisions of articles 1 through 27
of the Covenant are not self-executing."
That "not self-executing" provision has been interpreted to mean
that there is no private right of action to enforce Rights
guaranteed by that Covenant.
Professor Carter covers this issue quite elegantly here:
http://www.supremelaw.org/authors/carter/
Nevertheless, that Declaration is patently unconstitutional,
because it obviously violates the Petition Clause in the
First Amendment:
http://www.supremelaw.org/ref/whuscons/whuscons.htm#1st-amend
http://www.supremelaw.org/authors/buergenthal/
http://www.supremelaw.org/authors/seibert-fohr/
My correspondence last May 2012 with Judge Thomas Buergenthal
on the International Court of Justice, and with Dr. Seibert-Fohr
of the Max Planck Institute in Heidelberg, Germany, now follows:
Greetings Judge Thomas Buergenthal:
I just now returned from the Law Library on the campus of the
University of Washington in Seattle, Washington State, USA.
I was initially attracted to your published works on the ICCPR,
chiefly because of your Concluding Remarks in 1998,
as published in the Columbia Journal of Transnational Law
concerning Understanding (5) in the United States' Reservations,
Understandings and Declarations ("RUD"):
http://www.supremelaw.org/ref/treaty/reservations.htm
"(1) That the United States declares that
the provisions of articles 1 through 27
of the Covenant are not self-executing.
I have taken the liberty of scanning your Concluding Remarks
and posting them here on the Internet, by way of exercising
a right to "fair use" of your written works:
http://www.supremelaw.org/authors/buergenthal/
... and, as you so eloquently put it, hopefully by way of
"enriching the emerging body of international law on the subject".
I must say, it was quite an adventure to analyze other Law Review
sources which are cited by you and by other authors
who have attempted to focus on the legal force and effect
of the RUD supra (if any).
Allow me to suggest what I consider to be a very powerful
and frequently overlooked set of relevant authorities which,
in my professional opinion, settle the controversy once and for all.
Although the authors I reviewed this morning do make a
point of discussing freedom of speech in the context of the
First Amendment to the Constitution for the United States of
America, I was awe-struck by what appears to be a near total
omission of any mention of the Petition Clause in this same context.
Using your lucid logic to drive this point home, you and
other authors I reviewed today appear to agree that the
"non-self-executing" provision in RUD Declaration (1) was intended
"to prevent individuals from suing in American courts
to enforce" rights guaranteed by the Covenant.
In this context, whether or not it too has the force and effect of
American law, the Senate's "Proviso" is also very relevant
in this same context, to wit:
"Nothing in this Covenant requires or authorizes legislation,
or other action, by the United States of America prohibited
by the Constitution of the United States as interpreted by
the United States."
Now, I ask you: What legislation does the First Amendment prohibit?
That "Proviso" was my touchstone, and primary motivation,
to direct your immediate attention to the standing decisions
of State and Federal Supreme Courts in America which have
carefully and thoroughly deliberated the correct meaning of the
Petition Clause in the First Amendment.
Allow me to cite and quote just a few exemplary decisions of this kind:
http://www.leagle.com/xmlResult.aspx?page=3&xmldoc=19831816710F2d1106_11638.xml&docbase=CSLWAR1-1950-1985&SizeDisp=7
As the United States Supreme Court has held, the right to petition for redress of grievances is "among the most precious of the liberties safeguarded by the bill of rights." See United Mineworkers of America, District 12 v. Illinois State Bar Association,389 U.S. 217, 88 S.Ct. 353, 356, 19 L.Ed.2d 426 (1967). Inseparable from the guaranteed rights entrenched in the first amendment, the right to petition for redress of grievances occupies a "preferred place" in our system of representative government, and enjoys a "sanctity and a sanction not permitting dubious intrusions." Thomas v. Collins, 323 U.S. 516, 65 S.Ct. 315, 322, 89 L.Ed. 430 (1945).
Indeed, "[i]t was not by accident or coincidence that that rights to freedom in speech and press were coupled in a single guarantee with the rights of the people peaceably to assemble and to petition for redress of grievances." Id. at 323. Moreover, the Supreme Court has held expressly that the first amendment right to petition protects the individuals right to file an action with a "reasonable basis" in a state tribunal. Bill Johnson's Restaurants, Inc. v. NLRB, ___ U.S. ___, ___, 103 S.Ct. 2161, 2169, 76 L.Ed.2d 277 (1983).6
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=207&invol=142
The right to sue and defend in the courts is the alternative of force. In an organized society it is the right conservative of all other rights, and lies at the foundation of orderly government. It is one of the highest and most essential privileges of citizenship, and must be allowed by each state to the citizens of all other states to the precise extent that it is allowed to its own citizens. Equality of treatment in this respect is not left to depend upon comity between the states, but is granted and protected by the Federal Constitution.
http://law.justia.com/cases/california/cal3d/31/527.html
These authorities make it clear that the right of petition protects attempts to obtain redress through the institution of judicial proceedings as well as through importuning executive officials and the [31 Cal. 3d 534] Legislature. fn. 4 It is equally apparent that the right encompasses the act of filing a lawsuit solely to obtain monetary compensation for individualized wrongs, as well as filing suit to draw attention to issues of broader public interest or political significance. As the Supreme Court declared in Mine Workers v. Illinois Bar Assn., supra, 389 U.S. 217, 223 [19 L.Ed.2d 426, 431], "[T]he First Amendment does not protect speech and assembly only to the extent it can be characterized as political." (See also Thomas v. Collins, supra, 323 U.S. 516, 531 [89 L.Ed. 430, 440].) [1c] Hence, the act of filing suit against a governmental entity represents an exercise of the right of petition and thus invokes constitutional protection. ...
The right of petition is of parallel importance to the right of free speech and the other overlapping, cognate rights contained in the First Amendment and in equivalent provisions of the California Constitution. Although it has seldom been independently analyzed, it does contain an inherent meaning and scope distinct from the right of free speech. It is essential to protect the ability of those who perceive themselves to be aggrieved by the activities of governmental authorities to seek redress through all the channels of government. A tort action against a municipality is but one of the available means of seeking redress.
I am sure that, with all of the extensive talent and legal resources at your
ready disposal, you will have no difficulties confirming the standing
and the wisdom necessarily intended by such language as a
"sanctity and a sanction not permitting dubious intrusions"
of any kind.
It is not difficult to substantiate empirical proof, from the few Law Review
articles I read today, that the "non-self-executing" intent of RUD Declaration (1)
is undeniably "dubious" at best!
Accordingly, on the basis of that well developed constitutional jurisprudence
in America, I now feel it is quite easy to conclude, if for no other reason, that
the "non-self-executing" provision in Declaration (1) of the U.S. RUD
directly contradicts the Petition Clause in the First Amendment and,
as such, it also directly contradicts the Senate's "Proviso" for the
very same reason:
Insofar as RUD Declaration (1) attempts to prevent individuals in the USA
from suing in American courts to enforce rights guaranteed by the ICCPR,
it is therein a flagrantly dubious intrusion upon the Petition Clause --
as that Clause was previously adjudicated by the U.S. Supreme Court and
by State Supreme Courts which have concurred with our high Court
on this key point.
"The Congress shall make no such Law!"
"The Executive shall enforce no such Law!!"
"The Judiciary shall uphold no such Law!!!"
Quod erat demonstrandum!
Thank you very much for your continuing consideration.
--
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/reading.list.htm
http://www.supremelaw.org/index.htm (Home Page)
http://www.supremelaw.org/support.policy.htm (Support Policy)
http://www.supremelaw.org/guidelines.htm (Client Guidelines)
http://www.supremelaw.org/support.guidelines.htm (Policy + Guidelines)
All Rights Reserved without Prejudice
---------- Forwarded message ----------
From: Paul Andrew Mitchell <supremelawfirm@gmail.com>
Date: Wed, May 2, 2012 at 2:34 PM
Subject: Please Forward to Judge Thomas Buergenthal:
"The U.S. ICCPR Reservations, Understandings and Declarations Are Self-Executing,"
by Paul Andrew Mitchell, B.A., M.S., Private Attorney General (18 USC 1964)
To: information@icj-cij.org
Please Forward to Judge Thomas Buergenthal:
http://www.icj-cij.org/court/?p1=1&p2=2&p3=1&judge=11
Thank you very much.
Bcc: clients
---------- Forwarded message ----------
From: Paul Andrew Mitchell <supremelawfirm@gmail.com>
Date: Wed, May 2, 2012 at 9:21 AM
Subject: "The U.S. ICCPR Reservations, Understandings and Declarations Are Self-Executing," by Paul Andrew Mitchell, B.A., M.S., Private Attorney General (18 USC 1964)
To: aseibert@mpil.de
Cc: SupremeLaw <supremelaw@googlegroups.com>
http://www.mpil.de/ww/en/pub/organization/scientific_staff/aseibert.cfm
Greetings Dr. Seibert-Fohr,
In the United States Reservations, Understandings and Declarations ("RUD")
which it attached when ratifying the International Covenant on Civil and Political Rights,
you have already written well on the meaning of Declaration (1):
http://www.mpil.de/shared/data/pdf/pdfmpunyb/seibert_fohr_5.pdf
(see Pages 443-453)
http://www.supremelaw.org/ref/treaty/covenant.htm
http://www.supremelaw.org/ref/treaty/reservations.htm
"(1) That the United States declares that
the provisions of articles 1 through 27
of the Covenant are not self-executing.
Please note well that those RUD do not impose the same limitation
upon themselves: in other words, the RUD are excluded from the
list of Covenant articles which are "not self executing" in the USA.
With that construction in mind -- call it a strict construction, for the moment --
we can move on to Understanding (5), which states:
(5) That the United States understands that this Covenant shall be implemented by the Federal Government to the extent that it exercises legislative and judicial jurisdiction over the matters covered therein, and otherwise by the state and local governments; to the extent that state and local governments exercise jurisdiction over such matters, the Federal Government shall take measures appropriate to the Federal system to the end that the competent authorities of the state or local governments may take appropriate measures for the fulfillment of the Covenant.
Let us then focus, in particular, on the effect of the latter 2 RUD provisions
upon state and local governments in the USA.
Clearly, Understanding (5) in the RUD can and should be construed to read as follows:
"This Covenant shall be implemented ... by state and local governments; and,
to the extent that state and local governments exercise jurisdiction over such matters ...
competent authorities of the state and local governments
may take appropriate measures for the fulfillment of the Covenant."
The latter construction is justified for several important reasons:
First, and of greatest importance in the USA, U.S. Treaties are elevated to the
status of supreme Law of the Land by virtue of the Supremacy Clause
in the Constitution for the United States of America: that Clause expressly
identifies the Constitution, Laws and Treaties of the United States
as supreme Law of the Land throughout America.
Second, we have just demonstrated that the Reservations, Understandings
and Declarations are self-executing chiefly because they expressly identify
articles 1 thru 27 in the ICCPR as "not self-executing"; however, that limitation is
not expressly applied to the RUD as such, nor to any other Articles of the ICCPR.
Third, insofar as the RUD are to be accorded the status of a United States Treaty,
they can and should be regarded as a lawful implementation measure with the
same legal force and effect as the Constitution and Laws of the United States.
Fourth, in American constitutional law, there is a rule of construction
which necessarily bears on the legal interpretation of the RUD:
inclusio unius est exclusio alterius. As such, the omission of any mention
of the RUD in Declaration (1) must be inferred as an intentional Act of the
U.S. Senate and President when ratifying same.
Fifth, using inverse logic, Declaration (1) must be given legal force and effect
if the United States is allowed to treat articles 1 thru 27 as "not self-executing".
This is the only way to avoid accusations of vagueness and/or double-talk.
Cf. void for vagueness doctrine.
Sixth, it is customary in U.S. jurisprudence to apply the term "shall" as a
mandatory, imperative term, and to apply the term "may" as a
discretionary, optional term in all such legislation: accordingly,
we are thereby entitled to construct the RUD reasonably as follows:
The Covenant shall be implemented by state and local governments; and,
competent authorities of state and local governments may take
appropriate measures for fulfillment of the Covenant.
I take liberty to speak for many American lawyers, litigants and activists
when I say that all of us would be grateful for any Comments
you may have on the implementation of the ICCPR in the USA,
as we have justified it above.
Thank you, once again, for your brilliant writings on human rights in general.
--
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964
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!!Vid. IMPORTANT! INS/Border Patrol Expose Obama's Dream Act!
!! Vid. IMPORTANT ! INS/Border Patrol Expose Obama's Dream Act !
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illegals and then Obama lets those same felons go free again Inside the
USA !)
" Pass this on!"
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National Border Patrol Council, the union representing America's more
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--->>(forthcoming in a video tomorrow): "The Administration claims it
has diligently enforced immigration law and that the border is 'more
secure than ever.' But those on the front lines know this to be untrue.
They see the violence, chaos and lawlessness. They have lost confidence
in the leadership of their agencies...
As you will hear today, this administration has
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immigration laws. They have handcuffed and muffled those charged with
protecting the public safety and the integrity of our borders. Such
action has not only weakened our security but our democracy...
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special reverence it places in the rule of law and fairness in our
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Fla. News Service - Miami, Fl. USA
News with Views
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deriving their just powers from the consent of the governed, -
That whenever any Form of Government becomes destructive of these
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institute new Government, Laying its foundation on such principles and
organizing its powers in such form, as to them shall seem most likely to
effect their Safety and Happiness.
But when a long train of abuses and usurpations, pursuing
invariably the same Object evinces a design to reduce them under
absolute Despotism, it is their right, it is their duty, to throw off
such Government, and to provide new Guards for their future security."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
When the people fear the government you have tyranny... when the
government fears the people you have liberty. Thomas Jefferson
3rd US president (1743-1826)
When Peaceful Revolution is Made Impossible - A Violent Revolution
Becomes Inevitable (NDAA S.1867)
http://community-2.webtv.net/ranger116/doc/
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Very informative video:
July 27, 2012 in Current Affairs | Permalink
