Military Commissions and Bush-Nazi Enabling Act of 2006

Snarkistic reportage plus legal torque

© by Stephen Neitzke, 2006 (780 words)

Reportage

WASHINGTON, DC: Tuesday, 17 October 2006 -- The presidential usurper and Overworld Empire prince of the blood, Georgie Bush-Nazi, has signed the Military Commissions and Bush-Nazi Enabling Act of 2006. Constitutionalists can go fish. Sieg Heil.

Ex post facto law is now the law of the land, gloriously reversing the Constitution and making innocent all of those who were guilty of felony murder in the Bush-Nazi's torture/murder gulag. That includes Georgie Bush-Nazi his very own self, as well as the Pentagon hierarchy of the Overworld Empire Minister of Middle East Wars, Donald Rumscheisskopfin and the Central Gestapo Agency heirarchy of the Bush-Nazi's private army, General Michael Hayden-Heydrich's Central Gestaspo Agency. All of the torture/murderers are now innocent as a newborn baby. Sieg Heil.

The Bush-Nazi is now the Glorious Decider of which American citizens are terrorist-dissenters and which secret rendition prison will be used for their infinite detention.

Habeas corpus is no longer an option in the terrorist-dissenter system. Seig Heil.

The MCBNEA orders the Totture/Murder Gulag administrators to go right on with their secret rendition prisons and their torturing and murdering, now with impunity through law legitimately made by the glorious Nazi despotism. Sieg Heil.

Shortly after signing the MCBNEA, the Bush-Nazi flew his own F-22 Raptor to the undecorated site where he buried the Constitution alive. His g-suit nut-case was bigger than ever.

At the burial site, the Nazi Congress had blown the hole out of solid granite, using Special Nazi Politicians C-4. (All Congresspersons have been given Secret Service protection from the "Hunt Down and Kill" program being preached by citizen insurgency groups, who are now themselves being hunted down and killed by Hayden-Heydrich's Gestapo, under the Citizen Seditions Act.)

The Bush-Nazi tossed his "goddamned piece of paper" into the still-smoking hole, ceremoniously ordering his Schwarzweissrotes Hakenkreuz Stadtbesirktrollen Sturmabteilung to fill in the hole with poured synthetic granite from Gros Halliburton. He then waddled his gigantic nut-case back to his F-22 and roared off into the sunset. Sieg Heil.

Nazi SCOTUS are falling all over themselves, carving up the Constitution's tombstone -- while the Nazi State Legislatures sporadically erupt with deafening huzzahs on Nazi all-channel cable TV.

Most Americans won't notice for years. They're too busy getting their piece of the pie and grinding their axes for whatever and whomever they've been divided against by the Nazi Corporations and Politicians Bund. All hail divisiveness. Help stamp out unity.

Georgie Bush-Nazi wins again. Heil, Georgie Bush-Nazi. Sieg Heil. Sieg Heil. Sieg Heil.

Torque

Felony denial of habeas corpus, felony indefinite detention with no access to habeas corpus, and felony conspiracies against US citizen and Geneva Conventions rights resulting in the felony murder of detainees -- under 18 USC 241 and 18 USC 2441 -- occurred in the gulag (military prisons and CIA secret prisons in countries outside the US) long before Bush signed the unconstitutional ex post facto MCA, which exonerates those crimes retroactively. Bush signed the MCA, not into law, but into a blatantly unconstitutional anti-law regime. His act of signing perpetrated felony conspiracies against rights and violated his oath of office, the combination of which is an act of treason, defined for secessionist legislators in the 1860s.

The majority of Congress -- all Republicans and many Democrats -- are co-conspirators in the establishment of this anti-law regime, perpetrating felonies against rights and violating their oaths of office, the combination of which is an act of treason, defined for the secessionist legislators in the 1860s.

At minimum, Congress' passage of the MCA shields those guilty of the conspiracy to commit felony torture and murder of detainees in the gulag, and, in so doing, makes all assenting Congresspersons felonious accessories after the fact, in violation of 18 USC 3 -- "Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact".

Felony forfeits all immunities, legislative, executive, and judicial.

All felonious Congressional accessories-after-the-fact should be criminally prosecuted immediately, convicted, fined, and imprisoned for the 15-year maximum allowed by the statute for accessories, when the principles in the crime are punishable by life imprisonment or death.

All co-conspirators in the felony gulag murders -- including Bush -- should be criminally prosecuted immediately, convicted, and either sentenced to life imprisonment or executed.

The only things preventing those prosecutions are the treasonous obstructions of justice perpetrated against the American people by the Gonzales hierarchy at the Department of Justice and in the DOJ's US District Attorney system.

The obstructions of justice -- the collusion-collapsing of constitutional checks and balances -- marginalize everything we say in complaint. We need effective action against the 3-branch fascist despotism that is now masquerading as our national govt.

We need to get the Republicans out of power and the Democrats into power with Election 2006. But that lesser-of-evils voting won't make the nut, even if we can get around the Diebold election hacks. The Democratic Party is just another of the class-race elite's corruption machines that we need to turn off and dismantle.

Before and beyond Election 2006, we need to organize cross-country direct democracy citizen action groups (DD-CAGs) for something like the "Unity America" action plan described in "Open Letter To Susan", 13 September 2006, on this blog. See also, "Organized--Unorganized", 14 October 2006, also on this blog.

Modified Thu 19 Oct 2006, at 5:30am CDT.

Organized--Unorganized

[1010 words]

We the sovereign people are powerful beyond imagining, if we're organized for anything. Not just casually organized for anti-war protests, flash mobs, NGOs that prop up the failed status quo, and the corrupt political parties, but formally organized into cross-country citizen action groups for every proactive anything, as well as for remedies outside the box of mega-corrupt representative govt.

A hundred years ago, such citizen organizations were driving the Reform Era -- the greatest democracy movement in recorded history. Citizens then put together the greatest corruption-fighting machine ever devised by ordinary people. (See especially, "2nd Look--State Govt Unconstitutionalities Against Citizen-Proposed Law", 08 October 2006, on this blog.)

Massively, seriously, formally organized outside the corruption box of of pure representative govt and its two major political parties, we can do any of the many things that have to happen so that we get our country back from the fascist superrich, corporate predators, and predator politicians. And not only get the country back, but prevent any future recurrence of a three-branch fascist despotism.

Unorganized, we're nothing.

Organized, we can field third and fouth parties whose roles will be as minimally corrupted focus points of reform idelolgies within a national govt of direct democracy melded to nonpartisan rep govt. The DD/nonpartisan-rep-govt political dynamic is the only way to eliminate the systemic problems that led to the Bush-Cheney fascist despotism. And we desperately need third and fourth parties whose "genuine candidates" will supply the reservoir of human resources for a heavily regulated, subordinate, but still-strong representative govt.

Unorganized, we can't reach minimal corruption -- or the fascist despotism cure and preventative of DD/nonpartisan-rep-govt.

Why do you want to go on grinding your same old axes, wringing your hands, pointing fingers, doing nothing, waiting for govt to save you, staying unorganized? Why the insanity of constant repetition that always gets the same failed result in corrupt rep govt? Why put servile and failed consumerism above societal improvement -- above citizen responisbility? Why do you want to be unorganized?

Organized, we could attract most of the 100 million withdrawn, non-voting citizens to help take back our country. Unorganized, we can barely attract the failed status quo's servile of the left. Unorganized, we're nothing.

Organized, we can form across state lines to review, question, and attack every little unconstitutional thing that our corporate-predator-owned governments are doing to us. You know that's a lot. Unorganized, we can barely see across our towns. Unorganized, we're nothing. Why do you want to be unorganized?

Saul Alinski's efforts, 1940s-1970s, organized ordinary people of the left inside the system and did great things. It won't work for us. The corruption machines won. The system is sewed up. Every traditional approach inside the failed rep govt system, that we could use to break the tyranny of fascist money-power, has been anticipated and blocked. We have to work outside the system, outside the political party corruption machines. So organizing inside the system won't work. But Alinski had two other ideas that are still good for us. The first was -- see the world the way it is -- and organize. The second was -- fix on the world that you want to have -- and organize.

Nation-ranging citizen action groups (CAGs) can bring us that tandem vision.

Organized, we can have anything. Unorganized, we're nothing.

Organized, we can make political mountains move. Unorganized, we can barely make spit. Why do you want to be unorganized?

Organized, we can get our Reform Era legacy of constitutionally-defined, corruption fighting, direct democracy away from the unconstitutional and arbitrary controls of state govts. Organized, we have the legal power to make state govts stop the unconstitutional delays, alterations, and rejections of the constitutionally-defined, citizen-proposed law that has the power to kill corruption machines. Unorganized, we're nothing. Why do you want to be unorganized?

Organized, our direct democracy can kill corruption machines and make representative govt strong, adding the sovereign people to the checks and balances of co-equal branches of public servants.

Unorganized, we have to sit and watch as corruption machines in all three branches of national govt collapse checks and balances, make a mockery of our rule of law, obstruct justice for constitutional and felonious criminals, privatize and negate our electoral system with fascist computer hacking, violate our Constitutional rights, commit the constant bribery of "money equals free speech" in our politics, commit felony murder against our soldiers in Iraq, commit felony murder against kidnapped detainees in a worldwide torture/murder gulag, make unconstitutional and treasonous ex post facto law to block their criminal prosecution for torture/murder in their gulag, illegally wiretap US citizen communications and bank transactions to ultimately criminalize dissent, and financially rape our nation in a hundred ways for the benefit of their globalized and stateless superrich, fatally weakening our nation for collapse in any catastrophe.

Organized, we can stop the race of fascist corporatism and the international central banking cabal into Bush's media-hushed North American Union of US, Mexican, and Canadian fascist governing elites. Unorganized, we will just sit and watch as the treaties establishing Canusmex and central banking's Amero currency do here what the French referendum barred from happening to the EU member nations last year.

The French 2005 referendum rejected the EU Constitution, which was nothing but an enslavement document ending all national sovereignty in the EU member nations for the benefit of fascist corporatism and its superrich owners. If we remain unorganized and Bush has his way, the NAU will set up with all of the EU Constitution's corporate-nazi features -- all of them dirty, ugly, mean, and nasty -- locked up in a Canusmex treaty that we will be powerless to stop and that will become fundamental constittutional law under the US Constitution's treaty clause.

Organized, our direct democracy and sovereign, fully independent, citizen lawmaking can end the Bush-Cheney fascist despotism, rip its unAmerican laws out of our legal fabric, imprison its treasonous constitutional criminals, heavily regulate corporations and the misuse of money in politics, prevent any recurrence of fascist despotism, and make our representative govts strong for the people. Unorganized, we're nothing but meat on the hoof for the superrich's slaughterhouses.

Why do you want to be unorganized?

Pick a national CAG name -- CAG-USA, Direct Democracy League, I&R Federation, Citizen Law Society, Unity America, Citizens Union -- whatever. Then start a chapter in your small town, city neighborhood, side of the city, local library, rural county, whatever. Claim that you are the so-and-so chapter of the national CAG name you've chosen. Begin organizing and advertizing your group online -- and network with any other chapter using the national CAG's name. Change your national CAG's name if some network with a different name is attractive.

Play it by ear. Just organize, fellow babies, organize.

Modified Sun 15 Oct 2006, at 1:40pm CDT.

© by Stephen Neitzke, 2006

2nd Look--State Govt Unconstitutionalities Against Citizen-Proposed Law

[2885 words]

Crimes of the state govts are continually submerged by the horrendous lies and crimes of the national govt. The horrific treasons of the Military Commissions Act of 2006, passed by Congress in late September and signed into law 17 October, are just the latest anti-Constitution treasons by the 3-branch Bush-Cheney fascist despotism.

Because of the anti-Constitution, ex post facto, retroactive nature of most of the MCA's provisions -- in blatant violation of the Constitition's Article 1, section 9, paragraph 3: "No bill of attainder or ex post facto law shall be passed", felony conspiracies against rights in violation of 18 USC 241 and 18 USC 2441, which resulted in many felony murders in the torture gulag over the past three-plus years, were unconstitutionally exonerated, overturning Constitutional provisions with inferior statute provisions. Bush and the Congress created, not law, but a blatantly unconstitutional anti-law regime. That anti-law regime is both a felony conspiracy against citizen rights to have the torture/murder violations of 18 USC 241 and 18 USC 2441 upheld and a violation of the presidential and Congressional oaths of office to protect Constitutional rights -- the combination of which is an act of treason, as defined for the secessionist state legislators in the 1860s.

Felony forfeits all immunities -- legislative, executive, and judicial. Congresspersons voting for MCA-2006, and the Bush-usurper, should be immediately prosecuted, convicted, and imprisoned. They won't be, of course, because this fascist despotism masquerading as our national govt controls all of our law enforcement and most of our courts.

For us to overcome the crimes of the national govt, we have to be able to use our sovereign direct democracy (DD) powers in the states where we already have citizen lawmaking rights. The I&R states are the key to any effective action plan that is capable of ending the Bush-Cheney fascist despotism. Unfortunately, the corruption machines of the elites have done their best to close off that approach. We need to understand what has happened in the I&R states and how to overcome those unconstitutional controls.

DD Recap

Direct democracy (DD), is rule by the people through constitutionally-defined governance components, which are decided by binding referendums.

The eight direct democracy governance components that are legal fact in various US state constitutions are the greatest corruption-fighting machine ever devised. They were put into those state constitutions by the greatest democracy movement of recorded history, our Reform Era. But the corruption-fighting machine that they represent has been crippled by a hundred years of unconstitutional lawlessness administered by the state govts involved. And the greatest democracy movement that ever was has been largely drummed out of our history books by the "Madisonian scholars" of academe, whose prestigeous professorships, prestigeous conference destinations, and prestigeous book publishing contracts enslave them to the class-race elite's dictates.

There are eight constitutionally-defined DD governance components in the states. Two are administrative -- election of representatives (in all states) and the recall (in 18 states). Four are legislative -- constitutional amendment initiative (in 18 states), statute law initiative (in 21 states), statute law veto ("referendum" -- in 24 states), and statute law affirmation ("referendum on existing state law" -- only in Nevada, where it stopped an assault by state govt on women's rights and Roe v. Wade in 1990). The final two are both legislative and consultative -- constitutional amendment referral from the state legislature (in 49 states -- it's how the sovereign people authorize changes in their constitutions in every state except Delaware), and statute law referral from the state legislature (in 25 states at last count, but this "bait and switch" component is popular among corrupt legislators, and sure to increase -- all such measures contain something the people want, but should be carefully reviewed for hidden traps that unfairly advantage the elites at the expense of ordinary people).

For the names of the states with each DD governance component, see States DD Chart on the Direct Democracy League site at http://ddleague-usa.net/statesDD.htm

Note that the eight DD governance components include the election of representatives. There's nothing mystical about elections that set them apart from referendums. Elections are nothing more than binding referendums, voted by all eligible citizens in a given jurisdiction, as all referendums are. The arguments that claim distinctions between elections and referendums done for any other purpose are fallacious.

In the genesis of American DD, in the early 1900s, there was one primary purpose that came through in the DD literature. (DD was most often referred to then as 'Direct Legislation'.) Its primary purpose was to achieve the genuine representative govt that the sovereign people had been promised in the Constitution -- and that political corruption had robbed away.

That is -- contrary to predator elitism's propaganda, sophistries, and vacuous arguments -- the purpose of DD was not to set up a "pure democracy" to weaken representative govt, but rather to set up citizen checks and balances on govt to strengthen it against the treasonous corruptors within and without. (See especially, The National Economic League, The Initiative And Referendum: Arguments Pro And Con By A Special Committee Of The National Economic League. © 1912, J.W. Beatson. Published at Cambridge, MA: Caustic-Claflin Co., Printers.)

State Govt Unconstitutionalities

Unconstitutional actions against citizen-proposed law are practiced by every govt in every state in which the citizens have I&R rights and powers (initiative and referendum petition processes -- citizen lawmaking). The unconstitutionalities were snapped into place by each state's legislature soon after citizens passed the constitutional provisions granting themselves I&R.

The unconstitutionalities keep the rabble down and the elites' profits and power up and unlimited.

So it has always been. Constitutions and statutes have always been subordinate to the elites' natural law of wealth and power. Vague constitutional provisions give elitist judges the leverage they need to arbitrarily decide in favor of their class. It's a lesson in vagueness that the Constitution's authors learned from ancient Rome's Twelve Tables and the Magna Carta. The American elites knew that the British elites had worked around the rights of Englishmen ever since the Magna Carta.

Violation of our state constitutions date back to before the 1789 Constitution was unconstitutionally ratified, in violation of the standing, enviolable national constitution, the 1782 Articles of Confederation.

Violation of our constitutions by elites will remain our single largest political problem as long as we the sovereign people continue to allow it. We are indirectly responsible for our govts' evils. Until we meet our responsibilities, our govts will go right on murdering ordinary people for profits and power worldwide. The tobacco death industry, and its kickbacks to the predator politicians, is just one of the many co-equal paradigms. Murderers do not stop. They are stopped or they go on murdering.

As soon as one state's citizens walked off the I&R battlefield thinking they'd won, the constitutional criminals in the legislature began writing and passing statutes directing public officials and judges to perpetrate many different types of unconstitutional and felonious crimes against citizen-proposed law.

There are many variations on the theme, but the two most common groups of unconstitutional acts against citizen-proposed law are separation of powers violations and binding judicial review of proposed law.

Most of the separation of powers violations occur when executive branch officials perform legislative or judicial branch functions.

The Secretary of State is frequently ordered to write or re-write the ballot language. Writing the ballot language is an important legislative function, not an executive function. If the Secretary of State tried to write the ballot language for a legislature's statute law referral to the people's referendum, he or she would be tossed out on his/her ear.

The ballot language may very well be a factor in subsequent court actions that must interpret the intent of the citizen-proposed law. Subtle, misleading language written by an executive branch official who represents corporate predators, not the sovereign people, could easily result in an unfavorable court ruling.

Another popular trick in the separation of powers variation is for the Attorney General to deem that a particular citizen-proposed law is not clearly written or conflicts with the standing laws of the state, and must therefore be rejected.

The AG's rejection action is unconstitutional on two counts. First, no executive branch official is permitted to reject a bill of law proposed in accord with constitutional provisions, regardless of whether that proposed law comes from the legislature or from civil society. Second, such an executive branch official's binding judicial review of a proposed law would be unconstitutional even if done by a judge. No constitution, state or federal, defines the judicial power to include binding judicial review of proposed law. Binding judicial review can only be applied after the measure has been signed into finished law.

The only way for such cross-branch acts to be constitutional is for them to be specifically ordered in the state constitution.

The Nebraska constitution's separation of powers provision is typical --

The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial, and no person or collection of persons being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.

There are no provisions in any I&R state's constitution, allowing such cross-branch actions in the handling of citizen-proposed law -- with the sole exception of Massachusetts. I&R constitutional provisions there so heavily contradict other constitutional provisions that all Massachusetts I&R, since its inception in 1918, has been unconstitutional. Only a statewide constitutional convention will have the comprehensive power needed to sort it all out and eliminate the contradictions.

Outside Massachusetts, the most common unconstitutional stunt beyond the separation of powers violations is the "binding judicial review of proposed law" -- done by judges who know exactly how unconstitutional their binding review is. Again, no US constitution defines the judicial power to include binding judicial review of proposed law. Nonetheless, this unconstitutional stunt is so common that it accounts for most of the delays and rejections of citizen-proposed law.

If state officials or judges pulled either of those stunts -- separation of powers violations or binding judicial review -- on legislature-proposed law, they would be impeached and removed before dinner.

Note that the gauntlet of unconstitutionalities is only selectively applied -- so that civil society doesn't connect the dots.

Citizen-proposed law that is offensive to money-power is stopped -- or worse, passed and turned into a nightmare of anti-DD, anti-sovereign-people, and anti-public-education machinations, as was the case with California's Prop 13, limiting property taxes, in 1978.

Citizen-proposed law that is NOT offensive to money-power sails right on through. Such events prove that the system works -- with deafening huzzahs from the predator politicians.

It's been a successful strategy, helping to keep the people from noticing the unconstitutionalities, for over a hundred years.

And, please, no more specious arguments, claiming that there is some sort of viable distinction between legislature-proposed law and the citizen I&R petition. Both are proposed law, pure and simple.

The I&R petition proposes that a law be passed, not that an executive agency policy or judicial ruling be passed. The I&R petition, once approved by the sovereign people, becomes law, not anything else. The law that the approved I&R petition becomes is open to binding judicial review as law, just as is any law passed by the legislature. The I&R petition is a legislative function within the legislative power of govt and is, purely, proposed law having the protection of all applicable constitutional provisions.

And let's be clear. There are two different levels of constitutional crime being committed against citizen-proposed law in the I&R states. They come together in one criminal conspiracy, but they are separated by the wide gulf of choice.

First, the legislatures begin with their blatantly unconstitutional statutes. They're allowed to pass unconstitutional statutes, with impunity, until what they've done becomes part of a felony conspiracy.

The moment that any two or more individuals comply with any one of those statutes, the unconstitutional statute becomes not law, but an anti-law regime that is part of a felony conspiracy against rights, in violation of 18 USC 241. It also violates 42 USC 1983 -- civil deprivation of rights by state officials or judges.

Felony forfeits legislative immunity. Every state constitution carries that exclusion from legislative immunity. Under 18 USC 241, any legislator who voted for the blatantly unconstitutional statute becomes a felony-perpetrating co-conspirator who can be criminally prosecuted in federal court, despite being an office-holder. (State-defined felonies have also been committed.)

Second, state officials and judges are perfectly capable of choosing to comply, or not to comply, with statute instructions that direct them to blatantly violate the fundamental constitutional law of their state's and nation's sovereign people. If they choose not to comply, there's no crime. However, if they choose to violate constitutional law in the handling of citizen-proposed law, then they become perpetrators of felonious conspiracies against rights.

In the past hundred years, thousands of public officials and judges have chosen to violate their sovereign people's constitutions and laws relating to citizen-proposed law. We can hold all of those constitutional officers responsible for knowing that they were violating constitutional and statute law.

Needless to say, any citizen who is deprived of rights by a criminal conspiracy of state officials or judges, can sue the co-conspirators in federal court on civil charges under 42 USC 1983. Makes no difference whether the criminal prosecution goes to trial or not. Torts have been committed against the persons of citizens.

Examples in Election 2006

In the upramp to every general election, state officials and judges use the gauntlet of unconstitutionalities to keep down the civil society's attempts at good governance. Election 2006 is no exception.

In July 2006, BallotWatch, a site maintained by the I&R Institute, published a piece in PDF format titled, "Early Look At 2006 Ballot Measures". In a section titled, "Removed and Struck Down", this text appears:

"In June, the Colorado Supreme Court removed an initiative intended to deny government services to illegal immigrants on the grounds that it violated the rule that a measure concern only a single subject. In March, the Florida Supreme Court took a redistricting off the ballot also on single subject grounds. "State courts are aggressively wielding the single-subject requirement to deny voters the ability to vote on important policy issues. The Colorado decision is particularly problematic because the Court reasoned that multiple purposes behind the measure meant that it encompasses multiple subjects," said IRI director and University of Southern California professor Elizabeth Garrett.

"In South Dakota, Secretary of State Chris Nelson (R) refused to place two initiatives on the ballot even though petitioners submitted the required signatures. Both initiatives would have repealed existing laws, one authorizing the state's video lottery and the other a tax on cell phones. The measures were disqualified on the grounds that only a referendum could be used to repeal an existing law -- initiatives can only be used to propose new laws. Interestingly, when the legislature originally passed the laws being challenged, a clause was attached to each declaring that they were "necessary for the support of state government", making them not subject to a referendum.

"In Missouri, Secretary of State Robin Carnahan (D) refused to count the petitions for TABOR and eminent domain initiatives after questions arose about the petition process. The TABOR petitions were not counted because the pages were not numbered sequentially by county. The eminent domain petitions were not counted because the ballot title on the petition pages was "insufficient". This was a Catch-22 for the petitioners since they used the ballot title that had been approved by the Secretary of State, but was declared insufficient by a circuit court after the petitions had already been circulating."

Note that the last-mentioned action is a very common one-two govt punch, in which a judge makes an unconstitutional binding judicial review, directing an executive branch officer to re-do his/her unconstitutional legislative function until it is done right. This absurdity of unconstitutionalities accounts for a very substantial number of citizen-proposed laws being delayed from one general election for the two years until the next general election.

All of the state govt actions described in the BallotWatch extract are unconstitutional, felonious, and treasonous.

Costs of the Unconstitutionalities

When constitutional criminals reach outside the state's constitution to delay, alter, and/or reject citizen-proposed law, the dollar and human costs are incalculable.

The harm done is far beyond the delays, alterations, and/or rejections of an individual I&R petition. The people-abusive and costly corruptions that the citizen-proposed law would have ended are continued. The good-governance advantages that would have been enjoyed by most citizens, if not all, are lost. Citizens with good ideas for resolving political problems are deterred from speaking up in the future. Violence is done to constitutionally guaranteed rights. The govt sworn to protect the people's rights has blatantly refused to protect those rights, perpetrating with impunity a treason defined in the 1860s. And, constitutional criminals set themselves above the rule of law -- the single most important legal principle of our nation -- betraying, defiling, and violating it, with impunity.

The unconstitutional and arbitrary blocking of state-level citizen-proposed law is the predators' first line of defense against limitation of their illicitly-gained profits and power. It prevents those same good-governance policies from ganining national traction.

For example, citizens in many I&R states have tried to pass initiatives ending regressive personal income taxes, and replacing them with progressive sales taxes. Of course, sales taxes to support state services would cost the luxury-item-buying elites a lot more money. State govts have unconstitutionally thrown out all such progressive taxation attempts for decades.

Both Major Political Parties

It is very important for this simple fact to register in your brain. Compute this.

The hundred years of lawlessness against I&R by thousands of officials and judges in roughly half of our state govts has been knowingly participated in by the leadership of both major political parties.

The leadership of both major parties have been involved in creating hundreds of unconstitutional statutes that provide continual variation on the theme of lawlessness against citizen-proposed law -- so that the people will not focus on the lawlessness of any one variation.

No rebuilding of either political party will save us from the predators. The leadership of both political parties are predators.

Both political parties are self-contained corruption machines, ready to cooperate with the other on any issue that benefits the class-race elite, the corporate predators, or the predator politicians themselves.

Postscript

Our DD corruption-fighting machine is muddied but extant. We have the power to clean it up and put it back in the hunt for which it was intended.

If the 1-party, 3-branch, fascist despotism in Washington DC has its way, we are already too late. Their tentative locks on our now-privatized and easily hacked electoral system, their tentative locks on the US District Attorneys and many of the US District Courts, and their tentative lock on the Department of Justice, with its central role in the obstruction of justice for all of the despotism's players, may mean that the state govt constitutional criminals are as untouchable as are the national govt's constitutional criminals. It's all tentative now, and we have the power to break those tentative locks -- but it will become permanent if we allow it to continue much longer.

It's all on us. There is no help coming. See the "Unity America" action plan in "Open Letter To Susan--Making Bush-Cheney Null & Void", 13 September 2006, on this blog.

Until we are organized enough to have citizen action groups that reach across state lines, looking for constitutional crimes and their perpetrators, we will be largely ignorant of what is being done to us. Until we have those wide-ranging citizen action groups, we won't have the leverage to clean up our DD corruption-fighting machine.

Organizing is the next big thing.

"The struggle may be a moral one, or it may be a physical one, or it may be both. But it must be a struggle. Power concedes nothing without a demand; it never has and it never will." Frederick Douglass said that about his people regaining their freedom in the 1860s.

The meek shall inherit the earth by taming the elites, their govts, and their corporations -- and then enjoying each other's company.

Latest Revision Sun 22 Oct 2006, at 9:40am CDT.

© by Stephen Neitzke, 2006

6th Appellate Fascist Thugs

CINCINNATI, Wednesday, October 4, 2006 -- Three Fascist Thugs of the 6th Circuit Court of Appeals slapped down Judge Anna Diggs Taylor's ruling of unconstitutionality against warrantless wiretapping. To courtroom cheers from the DOJ table, the Thugs observed that their order was at the personal request of Overworld Empire Pettifogger-General Alberto Nogeneva Gonzalez. The glorious "All-Torture/Murder" Pettifogger-General could not be reached for comment.

Overworld Empire Prince of the Blood and Presidential Usurper Georgie Bush-Nazi announced to a very select group of goosestepping media that "Being Dictator is good".

The 6th Appellate Fascist Thugs ordered that the free-speech and privacy-rights violating wiretapping continue until they have time to review Judge Taylor's ruling -- "some time AFTER the November Diebold Election Hacks". (More cheers from the DOJ table.)

In the meantime, the three Fascist Thugs ordered the NSA goosesteppers to go right on with their massive felonies against American citizens. Said the head Fascist Thug, "This order of ours was a slam-dunk after balancing our glorious Nazi Wetdreams against the zero harm being done to the contemptible rabble, who are too weak to deserve rights. Federal statute 18 USC 241, felonly conspiracy against rights, is not applicable because the wiretapped rabble are neither rich enough nor politically strong enough to deserve that protection for the rights that they don't deserve anyway."

The 6th Appellate Nazis are Batchelder, Gilman, and Gibbons. Make a note of their names so that none of them win in the nonpartisan elections coming after our judicial reform Constitutional amendment fires all federal judges. These three 6th Appellate rat-bastard Nazis should never again hold an office of trust in any US government.

(See "Eavesdropping Will Continue During Appeal", by David Ashenfelter, Detroit Free Press, 05 Oct 2006.)

(See especially, Only Temporary?, by Jayne Lyn Stahl, OpEd News, 05 Oct 2006.)

(Modified Fri 06 Oct 2006, at 5:00am CDT.)

(© by Stephen Neitzke, 2006)

Bottom-Up and Top-Down Republic

[1006 words]

It seems that many people have lost track of the Constitutional Republic in which both the govt and the civil society makes law. We need that Constitutional Republic desperately. It is the best protector of our rights, freedoms, and liberties. It is the best utilization of our human resources in problem solving from A to Z. And most importantly, it accommodates every human personality -- some very fascist -- without letting them harm the society at large. It has a niche for every ranting anybody.

We live in a nation dominated by predatory money-power, stemming from the obscenely wealthy class-race elite and corporate fascism that goes back to the late 1800s. Money-power has corrupted just about everything. It's dangerous to us all, it's stressful and depressing, and it's boring. We can do a lot better.

To regulate money-power, we need regulated top-down lawmaking as well as fully independent, sovereign, bottom-up lawmaking. For the sake of equality, rights, freedoms, liberties, sustainability, and the rule of law, lawmaking purely needs to be both top-down and bottom-up.

If we don't get that traditional form of republic -- a legacy from ancient Republican Rome -- we are going to lose everything, permanently. Predator elitism has been proving its insanity, robustly, for the past 2500 years. It destroys whole societies without a second thought. The Swiss are the only escapees. And the hatred of the Swiss by the predator elitists is boundless and universal.

Historically, the corruptions that allow predators to grab obscenely excessive wealth and power combine to fatally weaken any society.

No one elite is responsible. Collectively, the many elites do not intend that the society be fatally wounded. However, the predatory elites are psychopathic about grabbing excessive profits and power. They have no conscience for how their decisions harm others. They are arrogantly manipulative. And they mask themselves and their vicious behavior with lies and pretentions that make them appear normal and respectable. It is purely psychopathic dissembling.

When the corruptions eventually permeate the society from many different elites, fatal wounding happens.

When a tiny fraction of the society is very rich, and a majority of the society is very poor, the poor simply give up on the society and stop propping up the greedy rich.

When the catastrophe comes -- invasion, collapse from within, natural disaster, whatever -- the breakdown completes itself. The rich who are not killed outright by vengeful poor or angry competitors are on their own. This has not changed since corruption spearheaded the disintegration of the Western Roman Empire in the 400s CE. It is the simple, uncomplicated reason why enlightened elites in many nations have kept their society's middle class strong.

Obviously, America's post-FDR, post-WW2, homegrown fascist elites have lost track of their need for a strong middle class. Profits and power have become the whole game. Our post-Nixon corporate and political predators have been killing our middle class with no understanding that they are also killing themselves and their descendants.

Short-term bottom line rules. If you're not making more profit than this month a year ago, or last quarter, then you're failing. If you're not bagging more politicians and political favors in this election cycle than you did in the last, then you're failing. If you haven't set up the fifty frauds to grab more election districts in the next elections than you did the last, then you're failing.

The historical failures of money-power greed teach no lessons to the greedy.

As Switzerland has demonstrated, the best way to keep the middle class strong and the greed minimized is to institute sovereign, fully independent, citizen lawmaking. The elites have to give up access to excessive profits and power, but they get enough. Most importantly, they get a home-base society that -- with constructive help from the elites -- is predictably safe and strong over time and against all adversaries.

As Aristotle wrote in the 300s BCE --

The more perfect the admixture of the political elements, the more lasting will be the constitution. Many even of those who desire to form aristocratical governments make a mistake, not only in giving too much power to the rich, but in attempting to overreach the people. There comes a time when out of a false good there arises a true evil, since the encroachments of the rich are more destructive to the constitution than those of the people.

Aristotle, The Politics, Book IV, translated by W.D. Ross, quoted in The Portable Greek Reader, ed., W.H. Auden, New York, The Viking Press, 1948, tenth printing, 1963.

Pure representative government -- with its one-eyed, top-down-only problem-solving -- cannot produce a species-mature society, centered in equality, rights, cooperation, and sustainability. Too many doors to greed are forced open by class-driven and wealth-driven corruptions, allowing endless species-juvenile competitions among the elites for who gets to rob amd butcher civil society for profits and power.

Once opened, money-power's greed doors can only be effectively shut by sovereign civil society and its fully independent citizen lawmaking. Without fully independent citizen lawmaking, the sovereign people are helpless against money-power and its corruption of government.

Money-power, working through the three-branch Bush-Cheney fascist despotism, has drawn the circle that shuts us out -- with apologies to Edwin Markham. But they are not the sovereign here. They are only, temporarily, a corrupt set of money-power government owners who are controlling us unconstitutionally and illegally.

Outwitted Again

by Edwin Markham

& Stephen Neitzke

They drew a circle that shut us out --

Heretical, rebellious, a thing to flout.

But Sense and we had the wit to win.

We drew a circle that took them in.

Paraphrasing Edwin Markham's poem,

"Outwitted", in anticipation of the

constitutional renewal that will

make us a whole republic.

We the people are the sovereign here. We need to draw the circle that takes in money-power and all their fascist foot-soldiers, so that we can strip them of their excessive social, economic, and political power. So that we can make them or their children into productive citizens. So that we can replace them with non-predator elites who can help us maintain our rights and liberties against over-zealous groups of citizens, corporate predators, powerful, charismatic leaders in and out of government, and arrogant, bellicose foreign national governments.

The circle that will take them in is fully independent, sovereign citizen lawmaking.

The three-branch fascist despotism will not hand it to us on a silver platter. We the sovereign people will have to pulverize the wider elites community with something like the "Unity America" action plan. See the post, "Open Letter To Susan--Making Bush-Cheney Null & Void", 13 September 2006, on this blog.

The citizen lawmaking is sure to be set into place with a Constitutional amendment that provides for the "consent of the governed" that was promised to us in the Declarartion of Independence, and denied to us in the Constitution. It is sure to provide for ratification of future Constitutional amendments with binding referendums. Approval is sure to require "double majorities" -- a majority of all those voting plus a majority of states with approving majorities of those voting. (It's the legitimacy steamroller used by the Swiss for their national lawmaking. Many proposed amendments fail to gain one or the other of the two majorities required. But the amendments that do meet both tests have an overwhelming legitimacy.)

Following the passage of this crucial citizen lawmaking amendment, we can count on a large number of proposed amendments to follow. We have many interrelated and critical political problems that need real solutions.

In the first wave are bound to be amendments that repeal a number of the Bush-Cheney depotism's most troublesome laws. Among the first, repeal of HAVA and it's privatization of our electoral system into the hack-o-matic corruptions of Diebold is very likely. That amendment might go very far into branding Diebold, ES&S, and Sequoia as outlaw corporations, taking all their assets and products, and barring them from commercial operations forever.

The need to rip Diebold out of our electoral system will likely be matched in amendments to nationalize the treasonous Federal Reserve and to heavily regulate all other private corporations.

Reform of the federal bench is another. Federal bench independence from the sovereign people has resulted in a long record of federal courts causing and backing predator corruptions and butcheries -- including the unconstitutional, felonious, and treasonous elevation of the Bush Usurpation in December 2000. The likely shape of the judicial amendment will be the firing of all federal judges, in preparation for nonpartisan elections in each court's jurisdiction. Federal judges will also undoubtedly be subject to recall by the citizens of their court's jurisdiction.

Large majorities are humanly conservative -- unless there is urgent reform work to be done. Thirty-five years of corporate fascism's invasion into governmental matters have left us a raft of urgently needed reforms.

The national government will take on a very different look and feel under a combined system of direct democracy and representative government.

From the people's point of view, the elites will become help-mates when they are not corrupting government, and when government is not being corrupted for them. Representative government becomes a help-mate when its primary function is the protection of the people's rights, freedoms and liberties.

Representative government protecting the sovereign people's rights is one of the main reasons for representative government's existence. The fact that American representative government has a horrendous and despicable track record of not protecting the people's rights should not mislead us.

We can minimize corruption and the effects of greed and, at the same time, have a protective, top-down government. It could happen. We have the technology. The technology is sovereign, bottom-up, citizen lawmaking.

Fact is, fully independent citizen lawmaking mixed with representative government in Switzerland has a much better track record of protecting the people's rights than does American government. This is true for a number of reasons. Primarily, it is true because the dynamic majorities that develop for issue-driven citizen lawmaking allow and encourage majorities to sympathetically come to the aid of troubled minorities.

The rigid majorities of party-line voting in ideology-driven politics -- in the state legislatures and in Congress -- are far too manipulated to help any small number of voters or, gasp, non-voters. In American politics, non-voters are on their own. So an industry or two gouges them for everything they have and finally tortures them slowly to death. Eh -- so what? The weak do not deserve to survive -- it says so right here in the corporate fascism owners manual for government.

The protection of human and political rights for a financially poor, troubled minority of ordinary people is way outside the box of money-power's concerns.

Still, properly regulated and directed, a help-mate representative government can do what the people cannot. It can give our sovereign citizen lawmaking necessary and sufficient law enforcement. And it can protect our rights from money-power, as well as from zealous, bigoted majorities who think that the politics of their ideological "values" are more important than the protection of constitutional rights. Reality-check -- "family values" are less important than the protection of the rights of individual family members.

The majority of the people cannot protect their own rights, freedoms, and liberties. At least, not yet -- not in the midst of the greed and corruption that is the spinelessness of all major nations and of corporate fascism's globalism. There is no spinelessness, no cowardice, no dishonor greater than the butchery of powerless individuals. And we have a whole world full of spineless, murderous power structures.

The meek shall inherit the earth by taming the elites and their governments and enjoying each other's company.

Perhaps we will not need a tamed representative government somewhere off in the distant future. Perhaps after, say, a hundred years of most nations successfully practicing the governance of fully independent citizen lawmaking mixed with regulated representative government, perhaps then we will be able to step off into an enlightened and pure direct democracy. But not yet. Not yet.

For now, we need a properly regulated representative government to go along with the citizen lawmaking of our whole republic.

Only ordinary people who live inside the grinding, bottom-up problems have the integrity and wisdom to resolve those problems for the common good.

Only non-predator elites who live inside the grinding, top-down problems of money-power's corruptions have the insights needed to neutralize those corruptions before they cause damage and harm.

For those and many other reasons, we need both top-down and bottom-up lawmaking. Elites and ordinary people need each other more than they generally know.

A strong, species-mature society, centered in equality, rights, cooperation, and sustainability -- of, by, and for the sovereign people and their rule of law -- is, for now, in the political marriage of commoners and non-predator elites.

(Modified Wed 04 Oct 2006, at 7:55pm CDT.)

(© by Stephen Neitzke, 2006)