The Patriot's Flag

Today the Patriot Flag I am flying is the Ft Moultrie Flag.

Talk Risking Liberty

Well, anytime is a good time for a fine cup of coffee, and sometimes you just have to make choices … even this early in the morning.  So this morning’s coffee break is brought to you by Starbucks as they introduce their latest new brand … “Via.”

From HotAirPundit: Starbucks is rolling out its own brand of instant coffee this week, and they’re employing a very topical, if slightly risky, ad campaign to do it. First aired during the premiere of Saturday Night Live, this ad for “Via” gambles heavily that the “angry mob” will either have a sense of humor about themselves, or weren’t going to patronize Starbucks in the first place.

“… the ad gambles whether or not the “Angry Mob” will have a sense of humor about themselves?”

Hmmm, I’m not laughing, and I haven’t lost my sense of humor because now I think Starbucks is a joke!  I just don’t think the Tea Parties, the Town Hall meetings and the 9-12 March on D.C. were  the kinds of historic events anybody should be joking about. To me, with the very foundations of our country trembling, it was damned serious business!  The events certainly were not humorous and now a Starbucks marketing genius dares to make fun our effort to they can sell a new brand of coffee?  I don’t think so.  For me their gamble didn’t pay off, this member of the “Angry Mob” will be going to McDonald’s for my for my sugar-free vanilla “grande.” (I like it better anyway!).

(l. to r.): Robert F. Bukaty / AP; Karen Bleier / AFP / Getty

LEFT choice?  <====  ====> RIGHT choice!

I’m Lovin’ it … Meet me at the Golden Arches for some Conservative Coffee!

• PS: … there’s an interesting article I ran across at TIME Magazine on the demographics of Starbucks and McDonald’s customers … worth the read.

Uncategorized

Today the Patriot Flag I am flying is the South Carolina State Flag. Its a politically quiet day, so lets take advantage of it and explore something together … State Sovereignty.

(UPDATE: 01.19.10 – South Carolina Passes 10th amendment affirmation … link HERE)

SC State Sovereignty

What is State Sovereignty? First of all, it is the new political “buzzword” replacing “States Rights,” a term used mostly during the era of desegregation And from that time acquired a relatively negative connotation. Renamed, “States Rights” (which is still valid) is now being  called  “State Sovereignty.” Same valid concept, just a different name.  To fully appreciate the concept and reasons for State Sovereignty, we must initially look into the wording of the 10th Amendment to the U.S. Constitution, also part of the Bill of Rights. The Amendment is surprisingly short and straightforward:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Let’s ask a Founding Father what he was thinking . . .

Discussing the 10th Amendment

James Madison Wrote in the Federalists Papers: “The powers delegated to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people.”

Updating the history – from the 10th Amendment Center:

• “The founding fathers believed in a balance between state and federal power. This state sovereignty movement clearly arises from the belief that the balance of power has tilted too far and for too long in the direction of the federal government and that it’s time to restore that lose balance. The emergence of this movement is a hopeful sign of the people asserting their rights and the rights of the states and finally crying “enough” to runaway government. With the threat of increasingly out of control federal spending, some of these sovereignty bills may stand a fair chance of passage in the coming year”. (Full article at the 10th Amendment Center)
• Note: The 10th Amendment Center is your best source of additional information, go there to learn much more!

State Sovereignty: From time to time states and local governments have attempted to assert exemption from various federal regulations, especially in the areas of labor and environmental controls, using the Tenth Amendment as a basis for their claim.  From this springs the concept of State Sovereignty. (Wikipedia)

State Sovereignty is a concept that re-invokes the 10th Amendment’s language to attempt to nullify federal control over anything that is not specifically defined by the Constitution.  Many state legislatures are passing resolutions re-stating their intent for adherence to the language of the 10th Amendment. The resolutions point out that, by the Constitution, the federal government is strictly limited to only those powers granted in the 9th and 10th Amendments.

Proposed Arizona Resolution: “That this Resolution serves as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.” and “That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.”

People opposed say: The people highly opposed to the concept of State Sovereignty say these are merely the first steps at secession and a way to block the Federal Income tax laws. (You can read their arguments HERE … and you should).  Most of the opposition hovers around the concept that there is a Great Right Wing Conspiracy trying to take over the government. The truth even more extreme.  Our federal government has  already taken control of the government and done so by ignoring the fundamental limiting factors in the 10th Amendment.

"The Constitution is a Limiting Document" - Obama

• A recent example is President Obama stating that the education school year should be extended, cutting out the summer vacation time.This is NOT the role of federal government because, by the wording of the 10th Amendment, the federal government can only control what is defined in the Constitution. The administration of Education is not so defined, therefore, the federal government has no power to enforce such action. But this President, unlike his predecessors, believes the Constitution is “fundamentally flawed and “limiting.“  With statements like that, it is easy to see why some people are paying more attention to limiting the federal government and giving the Constitution as much power as possible … (hence the state sovereignty movement).
• On Oct 1, 2009, President Obama said we cannot use our cellphones in our cars.  (I personally agree  with the President, but I “constitutionally DISAGREE with him … he does not have the authority to make that happen).   According to the 10th Amendment should he even be talking about this or is he, again, totally disregarding the Constitution of the United States … or is he simply ignorant of its content?

Localism. In the initial design, “localism” rather than “federalism” was important because the states had different religious practices.  They (correctly) did not want to have to have the same religious “practices” in Virginia because Massachusetts had a different belief system.  The wanted the states to have “states rights” so “locally” they could practice whatever it was they were preaching.  States should have control over their “local” needs.  A law that makes sense in Massachusetts may make no sense at all in Montana.  Creating federal “catch all” bills trap states into obviating their local needs. According to the 10th Amendment … such bills are not Constitutional.  The local laws should be passed and controlled by the local citizenry, not passed by some legislator from another state 1000′s of miles away. Being presented by a person the local people cannot vote in or out of office. Localism should be the rule of the day today also. The 10th Amendment helps guarantee local people make the local laws.

• In a western state, a speed limit of 75 mph or more makes sense … that same speed limit in Massachusetts does not make sense.  But impose a 65 mph on a western state because they need it in Massachusetts … and you’ve got a problem. Or how about a “federally mandated” 55 mph to “save energy?”  Localism suddenly becomes very important to “local” people! Would a “national” speed limit be Constitutional? (See what you’ve learned?!)

Bailouts are not in the Constitution! As we look at the bailouts … where does it say in the Constitution that the federal government should bail out GM and Chrysler … much less become an operational partner with them?  The 10th Amendment clearly states this is not the role of the federal government because these activities are not DEFINED by the Constitution. The federal government is moving in on the 2nd Amendment also proposing gun registration laws (Brady-type bills?).  Here again, this is not in the federal purview according to the 10th Amendment.

US Supreme Court

The Supreme Court’s Input: The states are therefore passing resolution re-instating their intent to follow the language of the 10th amendment.  The issue is clear if you read the Constitution, but the Supreme Court muddied the issue in 1942 with the case of Wickard V. Filburn:

In Wickard v. Filburn (1942), in the context of the Second World War, the Court ruled that federal regulations of wheat production could constitutionally be applied to wheat grown for “home consumption” on a farm—that is, wheat grown to be fed to farm animals or otherwise consumed on the farm. The rationale was that a farmer’s growing “his own wheat” can have a substantial cumulative effect on interstate commerce, because if all farmers were to exceed their production quotas, a significant amount of wheat would either not be sold on the market or would be bought from other producers. Hence, in the aggregate, if farmers were allowed to consume their own wheat, it would affect the interstate market in wheat. (Therefore to protect INTERSTATE COMMERCE … the feds gained their first leverage over the 10th Amendment by making this local farmer adhere not to his local, but to a federal guideline).

So why do the states pass the resolutions?

From Sweetliberty.org When a state passes this resolution proclaiming its sovereignty, that state may then claim exemption to most federal mandates under the Tenth Amendment of the U.S. Constitution. This was what happened with New York v. United States, 112 S. Ct. 2408 (1992). The federal government was attempting to mandate that the State of New York accept radioactive waste for disposal. New York pleaded they were exempt from the mandate under the Tenth Amendment and the court affirmed the Tenth Amendment protection. Thus, by having proclaimed sovereignty, a state is in the position to select those mandates they will follow, now by choice, not by edict.

The Bottom Line:

10th Amendment

In this age of the possible passage of ObamaCare and Cap and Trade, there is a real possibility that the federal government will try to impose federal regulations on the people without the input from the states. Under the 10th Amendment, the federal government has no Constitutional right to impose such regulation … only the state could do that.  Health Care and Energy Consumption are not “defined” by the Constitution, therefore those regulations belong to the states.  When a states passes a State Soverignty resolution, its legislature is setting up a platform for going to court to stop any aspect of this kind of illegal federal imposition upon states’ rights. ( … as was the case in New York case above).

The status of State Soverignty Resolutions in the United States can best be seen by THIS MAP.  You can see if your state has passed such a resolution, or if such a resolution is pending.  If your state has taken no action, you can download a formatted copy showing the language. You can send this to your state senator or representative.

Example: For South Carolina – Sovereignty Resolutions:

HR280, HR470, HR773, SR632 (Passed Senate 43-1 on 04/01/09)

Action Step – Get Involved! By re-instating the importance and legal viability of the 10th Amendment … we may have a way to escape the Socialism that is bearing down on our position.  Get informed (this little blog is a start) … go to the 10th Amendment Center … read the information there and search the internet for information on this subject.

Just like anything else that is happening of importance politically today, whether it is a Tea Party, a 9-12 March on DC or State Sovereignty, the change will come from the grass roots.

Now you know a little more about State Sovereignty … what will you do with the knowledge?

S.C. Flag - Relatively Calm

Today the Patriot Flag I am flying is the Fort Moultrie Flag.  The President is voting “Present” rather than making a tough decision on Afghanistan.

"Present"

Once again, the President, by his avoidance of making a decision on Afghanistan  and with his indecision is silently voting “Present” just as he did for years in Illinois … “being there” but not “committing to a vote.”  “Present” means “Maybe”  in political code. In this case, rather than “study” the problem so he makes the right decision quickly, once again he is in “flight” from being a leader and off on another quest to seek self-adulation.

Cartoon by Gary Varvel

NBC News Chicago President Obama will travel to Copenhagen to make a pitch for Chicago’s Olympic bid, White House officials have confirmed to NBC News. Obama will leave for Denmark Thursday night, hours after his wife Michelle departs for the vote. The president made the final decision Saturday night after returning from the G20 summit in Pittsburgh. The announcement ends months of speculation of whether the president would lend his considerable fame to the pitch. The president has dropped hints all month long that he may attend the event.

During his campaign, he said (over and over and over) that we were focused on the “wrong” war in Iraq and that it was a “dangerous distraction” from the real war in Afghanistan.   His new policy back in March stated an 18 month plan for succeeding in Iraq.  Last week he stated that the security of the United States depends upon our success in Afghanistan. And now he is stating the he doesn’t care for the word “victory” and that he must make a decision whether or not to send more troops and support to Afghanistan.  While flitting around NYC playing basketball and schmoozing on the David Letterman show, he said we must take our time, study the reports, and make the “right decision” on Afghanistan.  What we are finding is that this President is good at making speeches, not decisions.

From the New York Times:

In the end, Mr. Obama chose neither to vote for nor against the bill. He voted “present,” effectively sidestepping the issue, an option he invoked nearly 130 times as a state senator.

Use the Oval Office, Make a Decision! Why can’t this man sit down in the Oval Office, study the reports and make a decision either to support the troops in Afghanistan or to get out?  The reason may have been stated very clearly by a “caller” on the John Gibson radio show.

“This man is not a leader, he is an actor. He has never led in his life and we shouldn’t expect that of an actor anyway. He’s good at reading lines, but not good at making decisions.”

Troops are "on hold?" (By Gary Varvel)

For the Olympics? And now, instead of making a decision, he’s flying off to Copenhagen to try and convince them the Olympics should be held in Chicago.  (As I recall another President involved the Olympics in his presidential foreign policy and it had a great deal to do with his landslide defeat to a Conservative in the next election).  Amazing the similarities of this President and that one.

Troops are dying, now ask them “why?” We have troops giving their lives for their country in Afghanistan as I write these words.  The President, who must “study” the problem for 5-6 weeks, instead of studying it, is once again taking flight from decision-making.  (This is not the first time I’ve written this subject … see “Get to Work, Please!“

What is more important?

(A) Going to Copenhagen to discuss The Olympic Games

(B) Going to the Oval Office and making a Decision on Afghanistan.

* * * * *

But what we get instead of a Presidential Decision is a flight from responsibility, a silent vote of “Present!”  … and our troops continue to die in Afghanistan. In the past, our troops knew why they were risking their lives, now what reason would they have?

Ft Moultrie Flag - Liberty Risky Discussion

Internet Alert

Liberty Threatened

A little Subterfuge from the Left. A liberal lobbyist has found a new way to try to get the Health Insurance Reform legislation passed.  An 800 number is freely distributed over the internet (1-800-828-0498).  If you use this to “call your congressman” or “call congress” as is widely distributed by the lobbyist … you will first get a recording that asks you to be sure to ask your Senator or Representative to vote for Health Insurance Reform, and do it before it is too late.  Then the phone rings you through to the switchboard operator that connects you to your Senator or Congressman.  Call it … you can “hang up” when it starts to ring through to the switchboard so you don’t have to talk.

If you “Google” 1-800-828-0498 you will get links like the following:

Families USA: Calling Congress
1-800-828-0498. Calling Congress is one of the most effective ways of letting … Please dial 1-800-828-0498 to reach your Representative and your Senators. …
www.familiesusa.org/bushvskids/calling-congress.html

Call Congress this week! 1-800-828-0498. – Vote Kids
Call Congress this week! 1-800-828-0498. … 1-800-828-0498. Posted by admin. This is the week we’ve been gearing up for. Congress is back in session,

Call your Senators at 1-800-828-0498.
File Format: PDF/Adobe Acrobat – View as HTML
Call your Senators at 1-800-828-0498. Coalition to Preserve American Sovereignty (www.RejectLOST.org). America’s Survival, Inc. (www.USAsurvival.org) …

The lobbyist doing this is doing it for many liberal causes. When you do the Google search, you’ll see many of those causes listed. The way these are listed, it makes it look like you are actually calling the Congressional Switchboard … which is actually at 1-202-224-3121.

From NFRA: When you see the words: “Call your legislators today!” followed by a phone number, what do you think? You think – this number calls my Congressman. And when it eventually connects to the Capitol, you think again, I’ve called my government – because you have. So knowing that, you know it is wrong and mis-leading to make people using that number to listen to a recorded message that tells them to urge their Congressman to vote yes on healthcare reform. Why? Because you know that message sounds like it is coming from the government – our government. There is nothing there that indicates in any way that you the caller is being used and abused by partisan lobbyists. (Read More at NFRA)

Bottom Line: This is simple (and typical) left wing subterfuge.  Why are these things always found on the “left” side of the spectrum.  On that same Google Search, you’ll find this one:

ConservativeAction.org Resources : Contact Congress
Contact Congress. The Capitol Hill switchboard number: (202) 224-3121. [This number connects you with a congressional operator who can direct you to any …
www.conservativeaction.org/resources.php3?

The conservatives tend to use the truth, the liberals tend to use subterfuge.  Why is that?

Want to complain about it? Call the REAL number at:

1-202-224-3121

1st Navy Union Jack - Liberty Threatened

The Patriot Flag I am flying is the Title of Liberty.  Here’s Why …

Liberty Trumps Tyranny

(Note: If you’ve read Connelly’s Comments before, then skip to the Bottom Line below.)

HR3200 Negatively Impacted the Constitution. The following comment is from Michael Connelly of Carrollton, Texas, a retired attorney and constitutional law instructor who states he has read the entire health care bill and has some comments, not about  the bill, but about the impact upon our Constitution.  It’s a broader picture than just health care reform.  This came to me in an email from a friend. I felt it was worth documentation here on the Patriot’s Flag. This is something to sit up and pay attention to; once this sort of thing happens, it will be irreversible.

Letter from Michael Connelly, Retired attorney, Constitutional Law Instructor

THE TRUTH ABOUT THE HEALTH CARE BILLS

Well, I have done it! I have read the entire text of proposed House Bill 3200: The Affordable Health Care Choices Act of 2009.  I studied it with particular emphasis from my area of expertise, constitutional law. I was frankly concerned that parts of the proposed law that were being discussed might be unconstitutional. What I found was far worse than what I had heard or expected.

To begin with, much of what has been said about the law and its implications is in fact true, despite what the Democrats and the media are saying. The law does provide for rationing of health care, particularly where senior citizens and other classes of citizens are involved, free health care for illegal immigrants, free abortion services, and probably forced participation in abortions by members of  the medical profession.

Defend it so it can defend You

The Bill will also eventually force private insurance companies out of business and put everyone into a government run system.  All decisions about personal health care will ultimately be made by federal bureaucrats and most of them will not be health care professionals.  Hospital admissions, payments to physicians, and allocations of necessary medical devices will be strictly controlled.

However, as scary as all of that is, it just scratches the surface. In fact, I have concluded that this legislation really has no intention of providing affordable health care choices. Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been  contemplated. If this law or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed.

The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government. The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people and the businesses they own. The irony is that the Congress doesn’t have any authority to legislate in most of those areas to begin with. I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care.

This legislation also provides for access by the appointees of the Obama administration of all of your personal healthcare information, your personal financial information, and the information of your employer, physician, and hospital. All of this is a direct violation of the specific provisions of the 4th Amendment to the Constitution protecting against unreasonable searches and seizures.  You can also forget about the right to privacy. That will have been legislated into oblivion regardless of what the 3rd and 4th Amendments may provide.

If you decide not to have healthcare insurance or if you have private insurance that is not deemed “acceptable” to the Choices “Administrator” appointed by Obama there will be a tax imposed on you.  It is called a “tax” instead of a fine because of the intent to avoid application of the due process clause of the 5th Amendment.  However, that doesn’t work because since there is nothing in the law that allows you to contest or appeal the imposition of the tax, it is definitely depriving someone of property without the “due process of law.

So, there are three of those pesky amendments that the far left hate so much out the original ten in the Bill of Rights that are effectively nullified by this law. It doesn’t stop there though. The 9th Amendment that provides: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people;” The 10th Amendment states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are preserved to the States respectively, or to the people.” Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control.

I could write many more pages about this legislation, but I think you get the idea. This is not about health care; it is about seizing power and limiting rights. Article 6 of the Constitution requires the members of both houses of Congress to “be bound by oath or affirmation” to support the Constitution. If I was a member of Congress I would not be able to vote for this legislation or anything like it without feeling I was violating that sacred oath or affirmation. If I voted for it anyway I would hope the American people would hold me accountable.

For those who might doubt the nature of this threat I suggest they consult the source. Here is a link to the Constitution:

National Archives

There you can see exactly what we are about to have taken from us.

Michael Connelly
Retired attorney,
Constitutional Law Instructor
Carrollton, Texas

The Bottom Line: This email has made its way around the internet and many people have commented upon it. The only criticism of it I could find is that HR 3200 is not yet finished, so his email is discussing the first format.  That’s obviouslya valid observation by critics. But that is not the point I wish to make.

• My Point is This. The original HR3200, that this email discusses, is the bill they wanted us to swallow “immediately” and “without comment”  and “before the August recess.”  Remember?  So look at the intent and what they TRIED to do. Just look at what they almost got away with … until the public stepped in and stopped it with Town Hall meetings and 9-12 marches!  Any time this administration or congress says “hurry” should be a clear signal  for the citizenry to shout “STOP!”

Keep the legislation a secret. To exacerbate this situation, look at the recent move by Democrats NOT TO POST legislation so we can read it before they vote on it … and this because we are not capable of understanding it anyway. (See Proof and Discussion Here).

I, for one, would not want ANYTHING passed unless the author of the above email went through it first. But of course, the Democrats have voted against posting legislation early enough for people to read it. (Source & Discussion Here)

1. Heritage.org: A Sham of a Process for a Sham of a bill! (01.05.09)
2. Boston.com: C-SPAN complains about Private Health talks (01.05.09)

1st Navy Union Jack - Liberty Threatened