1^St THE BACK BONE:  THEN THE CORPSE

(Or,  Death follows the loss of will. )

As a former prosecutor, and long time student of the law and the Constitution, I have been shocked, I say shocked, at the loss of backbone by just about everybody, everywhere.  If the shoe fits– hummmmm!.   Each Citizen has a duty to defend the liberties, duties, and obligations imposed by the common law and especially as written into our various Constitutions.  Not one Constitution, nor any other law,  in the US sanctions theft or forgery.

Today no one wants to step forward and  call it like it is.  The will to fight back, or worse— the will  to demand laws be followed,  appears to travel in a hearse.  Every day there’s proof.   Where is the Tea Party spirit today?  Where is the will to stand up and say, “I am as mad as hell and I am not going to take it anymore.” ? The wind of a million throats should create a maelstrom.  Instead we hear sucking   vacuum.  Do you see it in your work place?  Do you see it at your Church? Do you see at your dinner table?  The odds are you do.  If someone at dinner, suggests a controversial topic, everyone else looks uncomfortable. You know it is true.

When we lose our back bone all else fails.  It is the end of life, as we know it.   There is no question that in California, LU LU Brown and his Brown shirts are tearing apart the California Constitution, and taxing us without representation.  Just look into the www at the “California Enterprise Development Authority.”  What an oxymoron !!  In your face, the State is taking taxes  without bothering with a legislature, by creating bonds, and spending the loot, not on real enterprise, but on schools and other soft, none producing prizes.   There is no “ enter” in the deal.

The worst and most shocking examples, (Those you can see.) are in our Federal Government.  As one knowledgeable in the law of theft and governmental authority, I clearly saw the take over’s by the Obama Administration as theft. Now no governmental authority, save martial law, has the right to take property of anyone without compensation.  It does not make a difference that the Federal Government used the Bankruptcy Court.  Actually it was misuse.    Yet, we all allowed Obama to destroy and steal, billions of dollars owed to stock holders and bond holders of banks, insurance companies and automobile companies. No one in a position of some responsibility had the back bone to say no, to say wait a minute,  to say I want the courts to vet this.  No one.  Do you have any idea how simple the back bone could have been displayed?   Any member of the House could fill a bill for impeachment.  Once filed it then is in the hands of the manipulators, but the filling can not be stopped.  No one did.  It is not just the President who can be impeached.  Many of the Department heads can be as well.  Senators and even members of the House can be impeached.  Did anyone with a sense of the bizarre even think of filing a protest impeachment, against all the other members of the House for not speaking up in the first place.   Not one.

The most obvious and the easiest impeachable event  is the crime of forging Governmental documents.  Now in all Governments this is at least a  felony. In some they cut off your hands, just to watch you starve. The posted birth certificate of Obama is a clear forgery.  (I will not even go to his using someone else’s social security number on governmental documents.)   Many saw the fakery of the certificate when it was first posted.  I have spent a  working lifetime studying false documents.  I am actively involved in doing so today.  I have prosecuted cases involving the evidence of false documents.  I swear to you, the posted birth certificate is false.   Joe Arpario Sherriff of Maricopa county, Arizona,  who is being brutally abused by the Federal Government, counter attacked with his investigation of this insult of our intelligence.   His investigation, using the sophisticated tools at his disposal, is that the posted birth certificate, is not just a fake, it is a forgery.  That is a felony.  It is a crime being conducted by the President, which is provable beyond a reasonable doubt.   From a proof standpoint the case is open and shut.  There is no credible question about it.   What has been done?  Nothing!!  Has one member of the House gotten off the floor and with the last bit of his or her  strength filed a bill for impeachment?   No!!  Not one.  Talk about your cover-ups. This one is the most infamous.

I find the silence and the inactivity not only shocking but down right frightful. I have written a letter to Joe giving my support.   I am writing this column.  I am willing to do what I can.    What have you done,  my friend?  What have you done?

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From the Rooster:

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The Ninth Circuit Court… Gawd Save Us!!

Two  weeks ago,  the Ninth Circuit Court inSan Franciscoruled against a provision of the California Constitution which banned Gay folks from Marriage.  When that law was a baby it was called Proposition 8.   Mind you, this law did not condemn Gays, it did not say they were disenfranchised from the vote, or any such thing.  It simply said “Marriage” is reserved for people of the opposite sex.   It did not prohibit gays from establishing,  as they had,  another form of legal union.   It simply recognized history, that marriage was developed as a concept for the union of opposite sexes, to make a family.  The two judges who voted to invalidate this law, violated their oath of office and should be disbarred.

The reason I quit the law business, after some 34 years, was just this.  So many men and women have taken the oath to be a Judge and then ignore their oath and do as they feel.  Let’s not forget that the California Judge, who ruled Proposition 8 was unconstitutional, was himself gay and retired right after making his opinion.  His conflict was so obvious it must have weighed heavily on his mind.    Ignoring the law was not the way we did business, when I started back in the 60s, but that is the way it ended up; especially in California, and even more in the 9^th Circus Court.   Ruling on feelings destroys the concept that we live under laws and must obey laws. It is part of anarchy.

The Oath each of these judges took is as follows:

“I …Stephen Reinhardt (the judge who wrote the opinion) …_do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent  upon me as judge under the constitution and laws of the United States. “

Simply stated, when looking at the law, a judge should apply the law without feelings and partiality.  He or she must do this recognizing the laws of California are part of the laws of the United States.  Now, these two judges applied their feelings and were partial.  Exactly what they swore not to do.

Here is what they said, which are their personal feelings and violated the “respect to persons” part of the oath.  Remember they did not act as trial judges.

1- “Proposition 8 serves no purpose…”   That is their opinion.  Not law.

2- “…has no effect, other than to lessen the status and human dignity of gays and                lesbians..”    That is their opinion.   Others disagree and it is not law.

3- “…officially reclassify their relationships and families as inferior to those of                                   opposite-sex couples…”    That is their opinion.  Not law and others disagree.

The part of the US Constitution these two appellate judges used is the much abused 14^th Amendment.  This Amendment’s original purpose was to do nothing more than to prevent States from denying citizens rights that the Federal Constitution and laws guaranteed.   In the final part of the 14^th’s first provision, it states:

“ …nor deny to any person within its jurisdiction the equal protection of the laws”

Most Civil Rights rulings have used this provision as if it stood alone as brand new law.   It does not and did not.   The problem is the Federal law is not equal and there is no mandate that it be equal.   I rest my case on the graduated income tax, affirmative action laws, and subsidies for individuals and companies, as Congress sees fit.   All the 14^th was doing was nailing down the cure for Slavery, just as the 13^th did, and as the 15^th did.   It took three Amendments to get it right.

So for these judges to rule,  on their opinions, and to apply equality when the US Constitution does not require it,  is like their saying they do not like bathrooms because they smell, and especially that any law allowing them should be unconstitutional because they do not treat the sexes  equally.   At its best their action is legislative, not judicial.  At its worst, they ignore their oath, and for that reason, I say they should be impeached as a warning to others not to stray from what they swear to do.

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Feb. 22, 2012

The ROOSTER HAS LANDED………….again.

BE LIKE PAUL REVERE………SEND THE WORD

OFF WITH THEIR HEADS

(Or;  Health care mandate is a Tax??)

Where is the Queen of Hearts when you need her?  Oh, to know the “Adventures in Wonderland” as  fiction rather than having to live it for real.  Chief Justice says that the monster Health Care law survives as a Tax.   Come on gang.  Look at him.  Someone already took off his head.  What kind of tax is he talking about?   Where is the authority for Congress to impose such a mandatory, across the board, tax on each and every citizen.  Upps!! Sorry  your not a citizen anymore, you’re a Subject.   If the Constitution has any life left,  then that life tells us what the taxing power is and is not.   The ruling signed by CJ Roberts demonstrates a basic weakness in Constitutional knowledge and understanding.  I am shocked.  Shocked I tell you, Shocked.

In the beginning, the founders created a Republic, from independent States. The Constitution laid out how this Republic would get its money.  Powers were granted to the Federal Government and those not given, were reserved to the States.   Then and now the “ole”  Document did not grant a general power to directly tax individuals or income.  The only way to get a  direct or general tax was  indirect, that is the  Federal Government had to ask the State to tax you to get the State’s  apportioned obligation which it then paid the Feds.

“Art. I section 2: …direct taxes shall be apportioned among

the…States.”

Section 2,  still  means the Feds have no ability to send you, “Josephine Citizen”, a tax bill, except as modified by Amendment.

The request to the States had to come from the House or if started in the Senate had to be approved by the House. See Section 7.

“Section 7.  All bills raising Revenue shall originate in the House…”

All  Taxes etc,  as limited by the above Section 2,  have to be set by Congress.  Get it?  Gall Darn it!!! Please get it.  The Federal Government was not given the right to directly tax you.  It could directly tax the States but not you.  No Sales tax, no VAT tax and even no income tax (until the 16^th amendment) came along.  Please understand.  The Constitution does not and did not give a general power to tax individuals.  Section 8 is very specific.

“Section 8.  The Congress shall have the power to lay and collect  (1) Taxes,                    (2) Duties, (3) Imposts and (4) Excises…but all (2) Duties, (3)imposts                             and(4) Excises shall be uniform….”  [Numbers added]

Read the plain language above.   Notice that the founders did not include “(1) Taxes” in the second part of section 8. “Taxes”  would not  be uniform, because they were apportioned between the States.  The apportionment was unequal because it was based on population and no states had equal population. .  Reread section 2 above.  “Direct taxes shall be apportioned among the States.”  Duties etc had to be uniform because they were imposed on obligations, on transactions, not individuals.  2, 3, & 4  were the only way the Federal Government could directly tax.    If you believe (1) Taxes was supposed to be in the second part then each tax would have to be equally applied.  Flat tax folks.  No exceptions.

Ok,  no direct taxes on individuals and that  is the way it was until 1913.   In that year an amendment was added to the Constitution which, for the first time, allowed the Federal Government to send a tax bill direct to you.   This was the 16^th Amendment and in its plain language says the following.

Amendment 16: Status of Income Tax Clarified.

“The Congress shall have power to lay and collect taxes on incomes, from                       whatever source derived, without apportionment among the several States,                 and without regard to any census….”

So that is it.  Incomes only, not heads, not individuals.              Incomes folks.   Thru the Looking Glass so to speak.   There is no more in the Constitutional language.   In other words there are no words which say the Federal Government can Levy a Head Tax, which is what the Health Care Provides.   Do you understand??  No words give that power to the Federal Government, so where does it come from?   Thin air.  An acid air which destroys the whole concept.

The continual push to get the Federal Government to spend more money has always required the ability to get more.   Courts, in a multitude of little ways, have allowed water into the boat to accommodate, without regard to the plain language of the one document which gives power to the federal government.   And that is exactly what CJ Roberts just did as well.  Damn the Constitution Full Tilt Ahead!

He simply said that under the “Taxing power”  of the Federal Government the Health Care law could stand.  He is blind, dumb, or sucks his thumb.   My God folks can’t anybody read anymore?  Has everybody caved in on the power of the Constitution?  Where am I, in Wonderland? Or am I seeing all this through the Looking glass?  Beam me up Scotty, there is no Constitution left down here.

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RoosterBradford is a former lawyer, politician and radio show host of “The Rooster Crows”   He is the author of several books and articles.  You can obtain his most recent book,  “It is S.A.D.” from  Amazon-Kindle.    His web page, is “The Rooster crows.net. “

Rooster Bradford, gives up all rights to this article and seeks no compensation for its use. July 1, 2012