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Posts Tagged ‘U.S. Constitution’

Here are the Top 10 all-time articles at FauxCapitalist.com by the end of 2015:

1) Dr. Stan Monteith, a 35-year orthopedic surgeon on Jeff Bauman’s leg amputations: “I believe that this young man was an actor” (2013)
2) I’m blowing the whistle on World Bank whistleblower Karen Hudes (2014)
3) Australia has $15 an hour minimum wage and is ranked more economically free than the U.S. (2010)
4) Joel Skousen’s critique of World Bank whistleblower Karen Hudes (2014)
5) The U.S. Constitution doesn’t say money should be gold or silver coin (2011)
6) The United States isn’t a federal corporation (2011)
7) Who is behind enenews.com? (2011)
8) No evidence that your birth certificate is traded on any exchange (2011)
9) Former Fed Chairman Paul Volcker laughs at the great increase in wealth disparity over the past 10 to 15 years, and at Americans for not speaking out more forcibly against it (2011)
10) More evidence that Fritz Springmeier is a phony: A New World Order colony on Mars (2012)

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Prior to this year, I had listed the top 10 articles of each year that were written in that same year.

But with my writing being relatively sparse this year, I am presenting the top 10 accessed articles in this year.

1) Joel Skousen’s critique of World Bank whistleblower Karen Hudes (2014)
2) I’m blowing the whistle on World Bank whistleblower Karen Hudes (2014)
3) Dr. Stan Monteith, a 35-year orthopedic surgeon on Jeff Bauman’s leg amputations: “I believe that this young man was an actor” (2013)
4) The U.S. Constitution doesn’t say money should be gold or silver coin (2011)
5) The United States isn’t a federal corporation (2011)
6) Meet Gary Franchi, the radical Zionist behind Next News Network (2014)
7) No evidence that your birth certificate is traded on any exchange (2011)
8) Who is behind enenews.com? (2011)
9) Veterans Today’s Gordon Duff and his elite bio (2012)
10) Joel Skousen exposes Doug Hagmann’s “insider” source as disinfo (2012)

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On June 25, 2015, from the article, ‘Words no longer have meaning’: U.S. justice Scalia apoplectic on ‘pure applesauce’ Obamacare ruling, I pointed out Justice Scalia’s Obamacare wording hypocrisy, where he said that “words no longer have meaning” in reference to the majority 6-3 decision by the U.S. Supreme Court on whether “the State” referred only to the 13 U.S. States that have set up health care exchanges, or whether it also includes the U.S. federal government.

Scalia’s hypocrisy relates to him saying that the Second Amendment pertaining to the right to keep and bear arms allows for reasonable restrictions when it clearly says that right “shall not be infringed.”

So who is he to claim that “words no longer have meaning” in the context of this case, and given the scathing nature of his dissenting opinion, I find it appropriate to call him out on his hypocrisy in this regard.

From an intensive layman’s study of the U.S. Constitution over the years, I tend to suspect he’s right with his decision in this case, as the words “the United States” is used in both the Constitution and the United States Code to refer to the U.S. federal government, whereas “States” are used to the several states.

Check out the comments section for my various comments and responses, including from someone who chastised me for allegedly using hyperbole in saying:

Scalia has no credibility in taking exception with the Court’s interpretation of words, since he misinterprets the Second Amendment, which clearly says the right of the people to keep and bear arms “shall not be infringed,” in saying that reasonable gun control limits are allowed.

For more on Justice Scalia, see my article, Charlie Rose’s interview with U.S. Supreme Court Justice Antonin Scalia.

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U.S. ConstitutionThe no double jeopardy provision of the Fifth Amendment to the U.S. Constitution reads:

nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;

The double jeopardy “loophole” is this; that where the accused is acquitted of a state crime, he/she is then tried for the same federal crime, and vice-versa.

The original intent of the Bill of Rights was to only limit the newly-created federal government, and not the States. Then, subsequent to the American Civil War, parts of the Bill of Rights have been progressively incorporated against the States.

It wasn’t that the principles of the Bill of Rights shouldn’t apply to the States, but the Bill of Rights didn’t apply to them for two main reasons:

1) Most of the States already had similar bills.

2) A federal Bill of Rights would be used to federalize the application of the Bill of Rights, which could lead to bad decisions applying to the entire country and subvert the federal design of the government, with the States sovereign within their respective jurisdictions.

Therefore, by original design, this “loophole” wasn’t a loophole because the federal government understood that it had no power to define and prosecute crimes that were completely within the exclusive jurisdiction of the States.

Where it became a problem and a loophole, was when the federal government stepped beyond its constitutional bounds and defined crimes that it had no valid constitutional basis for doing so.

The few and defined federal crimes in the Constitution are treason, piracy, counterfeiting and crimes against the laws of nations.

I don’t share the view of some that Congress had no power to define additional laws.

Article I, Section 8 of the Constitution specifically grants Congress the power to:

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;

This gave Congress the power to define any crimes it wanted that would apply to this District.

Outside of that District, I argue that Congress still has the power to define additional crimes. For example, crimes relating to its power to coin money. And we see from the 1792 Coinage Act, that death was the penalty for debasing the currency.

This is further evidenced by Article II, Section 4, which states:

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

The mention of “other high Crimes” implies that Congress can define and punish other “high Crimes”, not only within the District, but outside, because of the mention of “all civil Officers”.

But, the restriction upon defining new crimes is whether it relates to what is “necessary and proper” for carrying out Congress’ 18 enumerated powers.

Therefore, federal “crimes” relating to cross-state drug “offences”, cross-state “terrorism” “offences”, etc., are completely invalid, and this is where the double jeopardy loophole applies.

How to deal with the federal government going beyond its constitutional boundaries in defining and punishing non-crimes? The States should nullify them by preventing state officials from providing any support or co-operation for the prosecution of these federal non-crimes.

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U.S. ConstitutionI have been informed by Judge Douglass Bartley that his four-volume set, “The Kiss of Judice: The Constitution Betrayed: A Coroner’s Inquest and Report” has been completed, with the release of the 4th volume.

You can purchase any or all of them here at Amazon.com.

For interviews with Judge Bartley, see:

1) An interview with constitutionalist judge, Douglass Bartley, on Radio Liberty with Dr. Stan Monteith: December 18, 2012

2) Exposing Faux Capitalism with Jason Erb: Episode 18: Interview with constitutionalist judge, Douglass Bartley

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Top 10Here are the all-time top 10 articles at FauxCapitalist.com by the end of 2013:

1) May 10, 2013: Dr. Stan Monteith, a 35-year orthopedic surgeon on Jeff Bauman’s leg amputations: “I believe that this young man was an actor”

2) June 30, 2010: Australia has $15 an hour minimum wage and is ranked more economically free than the U.S.

3) November 1, 2011: Former Fed Chairman Paul Volcker laughs at the great increase in wealth disparity

4) April 3, 2011: Who is behind enenews.com?

5) April 21, 2012: The Federal Reserve’s non-existent 99-year charter set to expire in 2012

6) January 29, 2011: No evidence that your birth certificate is traded on any exchange

7) April 30, 2011: The U.S. Constitution doesn’t say money should be gold or silver coin

8) January 29, 2011: The United States isn’t a federal corporation

9) September 11, 2011: Rudi Dekkers drops some bombshell 9/11 revelations on the tenth anniversary of the attacks

10) September 30, 2012: More evidence that Fritz Springmeier is a phony: a New World Order colony on Mars

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Exposing Faux CapitalismOn the June 23, 2013 episode of Exposing Faux Capitalism with Jason Erb on Truth Frequency Radio, I interviewed social activist Julian Ichim in the first hour and Pastor David Whitney of the Institute on the Constitution in the second hour.

Hour 1: Interview with social activist, Julian Ichim, about local initiatives to provide solutions to unrepresentative government, with specific reference to my local community, and his — Waterloo Region.

We discussed the plans for a casino in the region, the Light Rail Transit fiasco, Waterloo’s extraction of taxes to go to wealthy developers to “develop” Northdale, and his activism.

Hour 2: Interview with Pastor David Whitney of the Institute on the Constitution at theamericanview.com on the U.S. Constitution, the types of government, the limited role of civil government and the U.S. federal government.

When the types of government are discussed, one often thinks of municipal, state and federal, but those are all types of civil government, which is supposed to be relatively limited compared to self government, family government and religious government, which we also discussed, and the distinct purpose and limits of each.

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