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Columns, Commentaries & Reviews

Food For Thought

 

Constitutional Restoration

 

By Van Velsor

   

The April 2004 issue of The ecologic Powerhouse, journal of the Paragon Foundation based in Alamogordo, NM, arrived just the other day.  As always, it carries some excellent articles.

Laura Schneberger’s article, “Ranching… On The Front Lines,” was an update on the tactics the U.S. Forest Service is using to force the Laneys off their land and steal their livestock.

But the article that attracted my attention in this issue was the one by Chuck Baldwin entitled, “The Most Important Legislation in the Last Fifty Years.”  This article concerns House Resolution 3799, which recently was introduced in The Congress.  A companion Bill S. 2082 was introduced in the U.S. Senate also.

According to the promoters of these Bills, they would prohibit the federal judiciary from interfering with any expression of religious faith, such as the recent federal court’s objection to “under God” in the Pledge of Allegiance.

Also, and this is particularly disturbing so I will quote the article.  Section 201 of this Bill states, “In interpreting and applying the Constitution of the United States, a court of the United States may not rely on any constitution, law, administrative rule, Executive order, directive, policy, judicial decision, or any other action of any foreign state or international organization or agency, other than the constitutional law and English common law.”

The problem I have with this is that federal judges who come up with decisions like refusing to allow school children to recite the Pledge of Allegiance because it contains the phrase “under God,” and who, like Justice Sandra Day O’Connor, prefer to base his or her legal decisions on the Supreme Court based on some foreign or international laws, are not following the Constitution they swore an oath to uphold.

If these judges refuse to operate within the limits of the United States Constitution, what would make anyone believe that they would pay any attention to a new law?

Supposedly HR 3799 and S. 3082 would somehow force federal judges to operate within the Constitution.  If they won’t pay any attention to the Constitution, there is no reason to believe they will pay any more attention to yet another new law.

There is already a mechanism to control federal judges.  Quoting part of Article III Section 1 of the U.S. Constitution, “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…”

Subverting or ignoring the Constitution can in no way be considered “good behavior.”  The mechanism here is, of course, when federal judges cease to operate and make their decisions within the limits of the United States Constitution, they are subject to and should be REMOVED FROM THE BENCH.  This has not happened often enough.  And it’s Congress’ place to do it.

There are many, many instances where the judiciary has not made decisions consistent with the Constitution and they are not alone.  The Congress is guilty of the same thing and so are many of the State Legislatures.

One glaring illustration of an illegal act by the State legislature is the 1911 Sullivan Act in the State of New York.  This nefarious “law” supposedly changed the RIGHT to keep and bear arms, as guaranteed by the Second Amendment, to a privilege and attached a fee to it (license).

This so called “law” not only violates the Constitution and Bill of Rights, but the U.S. Supreme Court decision Murdock v Penn. 319 U.S. 105 (1943) and many others.

How could all this come about in the “Land of the Free” where We the People are sovereign?

I am going to try to explain how and why this all came about.  There are those who will pooh pooh this explanation and perhaps even label it some kind of “conspiracy theory: DO NOT take my word for any of it, do some digging and look it up for yourself.

History has shown that Great Britain and the Rothschilds, who own and control the bank of England, were never satisfied with the outcome of our Revolutionary War and resulting independence.  Alexander Hamilton was one of the main instigators of the first American central bank.  The fledgling United States had no money of its own, to speak of, so the money came from the European bankers.  The first central bank was not in the interest of the United States and it was scuttled when President Andrew Jackson refused to renew its Charter.  This was after our War of 1812 with Britain.

Contrary to public belief, the War between the States was NOT fought primarily to free the slaves.  This war was fought as a further effort by the international bankers to gain control of the United States.  It was during the confusion following this war that the original Thirteenth Amendment illegally was eliminated from our Constitution and subsequently replaced by the current Amendment XIII.

The original Thirteenth Amendment concerned titles of nobility, already mentioned in the Constitution in Art. I Sec. 9, and was meant to strengthen Clause 7 of that Section. 

What really started the ball rolling for the international bankers was the creation of the Federal Reserve System (Fed) in 1913.  There are many excellent accounts of the treachery and fraud perpetrated against We the People of the united States of America in reference to the enactment of the Federal Reserve System, which is NEITHER federal nor a reserve of any kind.  One of the best is a 488-page book, “The Unseen Hand,” ISBN 0-9614135-06, by A. Ralph Epperson.

Subsequent to the creation of the Fed, We the People were subjected to an income tax.  While the income tax of Sixteenth Amendment fame may not be unconstitutional in itself, the way it is administered IS.

Amendment XVII was another fraud perpetrated against the American people.  It provided for popular vote of Senators, thus eliminating representation in Congress for the States.

By 1933 the Fed owned and operated largely by foreigners with the aid of World War I, succeeded in bankrupting the Unites States government.  We the People and the States themselves were NOT bankrupt.  A few greedy individual speculators in the stock market were broke and some even committed suicide, but by and large the only entity that was bankrupt was the federal government.  However, Franklin Delano Roosevelt, probably at the direction of those same international bankers, approached the States and coerced or enticed all 48 of them to join the bankruptcy.

Now comes the fun part.  When the federal government went bankrupt its creditors were the international bankers who owned the Fed and it went into receivership.  That meant that the Fed (international bankers) now controlled the government.

The government was instructed to cease operating as a Republic and become incorporated, which it did.  The States, because they had joined the bankruptcy, all became sub-corporations of the UNITED STATES GOVERNMENT, INCORPORATED.

It should be apparent from the above what has happened to our Republic and its Constitution.  As a corporation, the United States government operates like any other corporation.  The Congress is nothing but a Board of Directors following the leadership of the CEO, the President, who gets his orders from the stockholders, or the owners of the Fed (international bankers).

The same holds true for the States.  As sub-corporations of the UNITED STATES GOVERNMENT, INCORPORATED, they have their own Boards of Directors (legislature) and CEO (governors) who get their instructions from the parent corporation.  This should explain why the central government pays no attention to the Ninth or Tenth Amendments or any other part of the Constitution, for that matter.

It is interesting to note that shortly after the bankruptcy of 1933 the heads of States were assembled and they were told to make the State Patrol or State Police in each State roving patrols, rather than just bodyguards for the governor.  This in effect has overridden the constitutional authority of the County Sheriff – more fraud!

Again I admonish the reader DO NOT take my word for any of this, look it up for yourself.  Doing so will accomplish two things.  First it will educate you as to what is really going on in this country today.

Second, by your asking questions, it puts the politicians on notice that We the People have begun to WAKE UP!  If enough of us wake up, they won’t be able to lie to us anymore.

While you are looking things up, you may want to look at something called the UCC, the Uniform Commercial Code.  You may recall the quote from Chuck Baldwin’s article mentioning “constitutional law and English common law.”

While the legal system in this country originated based on English common law, it has been illegally replaced with the UCC.  This falls right in with the corporate structure and even though Section 1-207 of the Code allows a person to reserve his common law rights, most courts will not allow it (more illegal activity by the judiciary).  There are a couple more things that you may want to consider while you’re looking things up.

There is a group of Globalists called the Bilderbergers.  David Rockefeller is one of the founders of that group.  Here is a direct quote by Mr. Rockefeller to that group of Globalists, “We are grateful to The Washington Post, The New York Times, Time magazine and other great publications whose directors have attended our meetings and respected their promises of discretion for almost 40 years.

“It would have been impossible for us to develop our plan for the world if we had been subject to the bright lights of publicity during those years.  But, the world is now more sophisticated and prepared to march towards a world government.  The supranational sovereignty of an INTELLECTUAL ELITE AND WORLD BANKRES is surely preferable to the national auto-determination practiced in past centuries.” (emphasis mine)

Another quote you may be interested in is by Rolland Gaither, president of the Ford Foundation, who said in 1954 to Norman Dodd, who was an investigator for the Congressional Reese Commission, “We operate here under directives which emulate from (come from) the White House…  The substance of the directives under which we operate is that we shall use our grant making power to alter life in the United States so that we can comfortably be merged with the Soviet Union.”  You might want to secure a copy of the Communist Manifesto.

The Constitution WILL NOT be restored by passing still more “laws.”  If it is to be restored, it will be because We the People DEMAND IT.

 

This writer welcomes comments or criticism concerning this column.  Comments may be sent to me in care of the Desert Journal, P.O. Box 215, Truth or Consequences, NM 87901.

<<<   >>>

 (posted 4-30-04)

Rio Grande a legacy 

of environmental changes

 

River ecosystem requires restoration

 

Op-Ed by Jim Steitz

of the Southwest Environmental Center

 

The rapid growth of Las Cruces and other metropolitan centers in New Mexico has brought much prosperity to our state, but with this prosperity has come profound changes to our natural environment.

Over the decades, a number of engineering works have tamed, modified, and otherwise curtailed the natural features of our landscape to meet human needs.

Nowhere is this more evident than in the Rio Grande, which has been reduced to a shadow of its former extent.  The little-known International Boundary and Water Commission, which manages the physical river channel south of Caballo Reservoir, has recently acquired a new Commissioner, Arturo Duran, who will inherit the challenge of restoring an imperiled river.

Duran and the IBWC will have the unique opportunity of bringing back the living history and heritage of the lower Rio Grande.

The simplest impact human settlement has had upon the Rio Grande is the diversion of water for urban use and for agriculture.  However, the physical form of the river itself has been profoundly changed to meet human demands of flood control and a stable river channel.

The so-called "Canalization Project," managed by the IBWC and encompassing a number of engineering works such as dredging and levee construction between Caballo Reservoir and the American Diversion Dam near El Paso, has physically transformed the lower Rio Grande into an ecologically sterile canal, rather than a living, breathing ecosystem.  Much of this reach has little of its former curves and meanders, and now approximates a straight line.

Like its better-known counterparts in the Interior West, the Bureau of Reclamation and the Corps of Engineers, the IBWC historically has focused on engineering an efficient waterway that minimizes flooding and efficiently delivers water, as well as maintaining a stable international boundary.

In the process, however, the Rio Grande has been completely separated from its floodplain, and the streamside forests and wetlands of the historic Rio Grande have been almost completely eliminated.

Levees, concrete, and closely-mowed vegetation are now found where cottonwood forests, marshes, and meadows once stretched like a ribbon along the river.

Under commissioner Duran, the IBWC faces the challenge of reversing some of the well-intentioned but ultimately harmful projects of years past.

Fortunately, rivers are resilient ecosystems, and can be restored.  The IBWC is currently rewriting its management plan for the Canalization Project.

The Southwest Environmental Center and other river advocates are calling on the IBWC to move beyond the dredging, levee construction and maintenance, vegetation cutting, and other practices that are keeping the Rio Grande as little more than a glorified drainage ditch.

We envision a reinvigorated Rio Grande that functions as a renewed and restored asset to the Paso del Norte region, and is embraced as a part of the communities that line its course, rather than cordoned off and viewed only at a distance from highway overpasses.

Conservationists also have the goal of working with local irrigation districts to develop a "water bank" of water rights that can be acquired from willing-seller irrigators, and used to put more water back into the Rio Grande.

With higher average and wet-season peak flows, the Rio Grande can once again begin transporting its sediments, flush away exotic vegetation, and create new sediment banks where cottonwoods and other native vegetation can take root.

For any of this vision to materialize, citizen voices are needed to encourage the IBWC to move outside the traditional conceptual box of short-term engineering solutions to long-term ecological problems.

The Rio Grande must be allowed to reconnect ecologically to its floodplain, and we must use means besides levees and concrete to protect the human settlements that have developed in the river's former corridor.

We also support the proposals advanced by Think New Mexico to develop a "bank" of water rights, purchased or leased from willing sellers, to ensure sufficient flows for ecological restoration through the Rio Grande.

The IBWC's management of the lower Rio Grande channel will be a vital component of this restoration.

The decisions to soon be made by the IBWC will set the course of the Rio Grande for years to come, and no citizen of southern New Mexico and western Texas will be immune from these decisions.

In many ways, the health of the Rio Grande thirty years from now will closely mirror the health of our relationship with the Earth in this fragile and arid region today.  The Rio Grande is ours to recover or lose.  Please let your voice be heard to the IBWC.

<<<   >>>

 (posted 12-11-03)

The Wall West

 

By Alan Hodgkinson

 

“If you are able, save a place inside of you and save one backward glance when you are leaving for the place they can no longer go...” - Major Michael Davis O'Donnell, 1 January 1970, Dak To, Vietnam

 

 

As soon as the mortar dried on the brick walkway in front of the recently completed Vietnam Veterans Memorial, people came.

The ever-increasing line of visitors, sometimes thousands a day, surprised most everyone.  This new monument in Constitution Gardens, Washington, DC, otherwise known as The Wall, wasn't even designated as a National Park until two years later.  And it was a tribute to those who fought and died in the most divisive war in our country's history.

But in time, it became evident that no single monument in the history of this country had been received by such a large number of visitors in such a short period of time.  From every corner of the nation, surviving family members, war buddies, friends from high school, acquaintances, the general public... They all came.

And in time, they began to come from around the world.  I made an appearance among those pre-National Park visitors on a cool early morning in 1983.  At that early, weekday hour, I shared The Wall with only one other person.

The lady who looked to be in her mid thirties stooped with one knee to the ground, aiming a large lens camera at one of the names.

I occasionally glanced in her direction about 50 feet from where I stood, wondering if she was having trouble working the camera because she had been aiming it for so long.

Later, I walked to the other end of The Wall. Before I stepped around her, as she partly blocked my way, I couldn't help but look to her face from the side.

She had an eye to the camera lens.  Her hands that held it were motionless.  The only indication of movement in fact was not from the person, I noticed at last, but rather of tears that ran down her cheeks.

The design is genius - two noble slashes of shiny granite recessed into the earth - an artistic understatement - beautiful in its simplicity as Maya Ying Lin had planned.

She designed the walkway to gradually incline into earth from both directions to the middle panels so that you arrive at a quiet, protective place - a park within a park.

At closer inspection the awesomeness of it all sinks in.  You not only begin to understand the magnitude of this one of a kind tribute to the American soldier as you stand in your own reflection, gazing up and down, back and  forth, at the thousands of names including their dates of deaths or whether they are MIAs - 58,325 names in rank and file military style precision, regally etched in rare black granite, but you become immersed in its implications.

As I stood before a panel that reached only several feet overhead, but seemed to tower far into the sky, I found the name of one of my buddies from 4th Platoon.  This was our first meeting in 15 years.

Running my fingers across his name - to include his middle name I'd never known - and staring at the less than quarter inch deep letters digitally carved into the abraded stone, I suddenly felt as if I were at my friend's grave.

If you, like me, believe strongly that a place where your friends and loved ones are buried is sacred in the way the Native Americans honor their sacred burial grounds, you know how I felt.

But no one is buried at The Wall.  I wondered about the countless others who visit here and what they experience in their own very personal way - people from countless walks of life and religious persuasion.

Do they think of The Wall as a final resting place?  If so, how can a memorial aspire to such sanctity?

Years later, on one of my regular visits to The Vietnam Veterans Memorial on Veterans Day, I overheard a small boy ask, "Where are they buried daddy?"

He looked down at the bricks beneath his feet, to The Wall, then around himself.  I didn't hear the father's hushed reply, but if he answered the boy's question correctly, he told his son that the veterans were buried in graves all over the country.

In some instances, their bodies are still at the place they were killed or held captive in some trackless reach of  Mekong Delta jungle or perhaps the mist shrouded Highlands of Vietnam.

But that boy's question got me to thinking about my related questions and thoughts turning around in my mind - and led me to putting it all in perspective.

The Wall, of course, is not a sacred burial grounds, but a sacred memorial grounds.  In my mind, this is a final place of rest for those dozens of guys in my Company.

They are united in memory, once and for all, not only with the other guys in their unit, but with every single individual who fought and died in that war.

I can't think of a more honorable and appropriate setting, or a more perfect gathering place for those who want to come pay their respects.

Now, the only permanently placed replica of The Wall in the world, The Wall That Heals - the City of Truth or Consequences’ very own version of that incredible tribute to the American soldier - has gone from a patch of earth on the edge of town to a sacred memorial grounds.

From this Nam vet, I want to thank all those with the city who worked so hard to bring it here, and all those selfless volunteers, generous people and organizations who gave contributions and anyone else who came forward in what ever large or small way to make it a reality!

 

Note:  The Vietnam Veterans Memorial Park has become the most visited memorial in Washington DC, with annual visitors now counted in the millions.

 

About the author: Alan Hodgkinson, a Vietnam Veteran, is author of After Incoming that is about Vietnam combat veterans and is a local resident of Sierra County, NM.

<<<   >>>

 (posted 11-4-03, revised 11-7-03)

Patriot Act - The Antithesis

of America’s Liberty & Civil Rights

 

Editor's Note: This is the text of the keynote speech by Gene Franchini, retired chief justice of the New Mexico Supreme Court, at the New Mexico Foundation for Open Government's (FOG) annual dinner honoring outstanding supporters of open government with the William S. Dixon First Amendment Freedom Award, named for the late First Amendment, civil liberties and open government attorney.

 

By Gene Franchini

Retired Chief Justice of the NM Supreme Court

 

Secrecy in a democratic government is the antithesis to all that a representative democracy stands for. It keeps the people in the dark and destroys any opportunity they may have to speak out for or against any governmental action.

When access to governmental activity is denied or restricted in any way and access to the opportunity to observe that activity is stopped - Democracy dies. It's just that simple.

For if this is truly a country of, by and for the people, then the people must be informed if they are expected to act. The people have the right to know.

But what is it that we the people have the right to know? Certainly we have the right and need to know the truth. What's really going on?

We have the right and need to know the true facts about governmental activity. We also have the right to demand that. But unfortunately, we usually don't.

The dark space between ignorance and knowledge more often than not is filled in this day of instant communication with stories, spins and opinions of those with no knowledge or expertise and out and out mis-directions and fabrications. Do we have a right to know mis-directions and fabrications?  I believe that we actually have a right not to.

This organization's main interest should be a continuing battle to have access to all areas of governmental action and to expose, when they recognize it, the stories, spins, mis-directions and opinions without basis for what they are and what they create: The illusion that the people really know what's going on when they really don't.

In this time of instant communication it can be most difficult to separate the wheat from the sheaf.  More often than not, I'm afraid, the separation is made for us by others and the sheaf is what is usually distributed.

The foundation's mission becomes more difficult because if the sheaf is distributed and emphasized rather than the truth, it's usually too late to do anything about it once we recognize it for what it is.  What's worse, it is a violation of FOG's most basic principal.

The public's right to know becomes the public's right to know nothing.

Another more destructive form of deception today is the selling of Fear.  Fear is the most debilitating of all human emotions.  A fearful person will do anything, say anything, accept anything, reject anything if it makes him feel more secure for his own, his family's or his country's security and safety whether it actually accomplishes it or not.

It works like a charm. A fearful people are the easiest to govern. Their freedom and liberty can be taken away and they can be convinced to believe that it was done for their own good, to give them security. They can be convinced to give up their liberty - voluntarily.

Recently the passage of the USA Patriot Act and Homeland Security Act have resulted in the most direct attacks on the Bill of Rights that I have seen in my lifetime. These acts were passed without any meaningful opposition and still have considerable public support.

The USA Patriot Act is an acronym for Uniting and Strengthening America By Providing Appropriate Tools Required To Intercept and Obstruct Terrorism.

The way that government is going to be provided with these "appropriate tools" is to "temporarily" suspend or eliminate as much of our Constitution and its Bill of Rights as it can, without court oversight or intervention so that we will not be at a disadvantage in the war against terrorism. That's the idea.

Think about that for a minute and then ask yourself, why in the world would we voluntarily do to ourselves that which our enemies over the last 200 plus years have not been able to do to us by force?  Why would we be so willing to give up our God-given rights that have been verbalized in our Constitution when we have fought so hard to preserve them?

It almost boggles the mind when one considers what fear for one's safety and security can accomplish.

These bipartisan, virtually unopposed legislative governmental actions are saying to us, "If you temporarily give up some of your liberty and freedom now, you will be made more secure in the future." That, my friends, is a terrible lie.

To paraphrase Benjamin Franklin, "One who trades his freedoms for security, deserves neither." I might add, that person will finally lose both.

The people have a right to know what their government intends to do about the war on terrorism and that includes all of its branches - including the Judicial Branch.

In a time of war, actual or threatened, our courts have, in my opinion, repeatedly abdicated their function of equally interpreting and applying the constitution, bowing instead to "national security." The most horrible example was when the U. S. Supreme Court upheld the internment of Japanese Americans during the Second World War because the government claimed they were a security threat.

It took Congress some 50 years to attempt to rectify that horrible opinion.  Did we learn anything?  I'm afraid not. Today with this unending war on Terrorism our government has taken steps again to radically infringe upon the right to counsel, reasonable search and seizure, the right to a speedy and fair trial and other fundamental liberties, for fear of losing our security.

We can hope that eventually the U.S. Supreme Court will subject these infringements to real constitutional scrutiny.  Unfortunately the courts have historically yielded to wartime fears and claims that our security interests would be jeopardized.

Those prior wars ended before long and when they did, the country regretted the fact that it had abandoned the Constitution, even temporally.

This war on Terrorism is different. It's a war on an old idea. One that has been used for hundreds, if not thousands, of years.

It is a horribly destructive idea, but history has shown that you can't kill an idea, however horrible, by killing those who have it.  You kill or replace an idea only by coming up with a better one.  So far we haven't really tried to come up with a better one.

No one can even guess how long this war will last.  In the meantime, Americans as well as aliens have been harshly affected by governmental measures after 9/11.

The attorney general of the United States had more than 1,000 aliens detained, keeping their names and location secret.  There are over 600 left at Guantanamo in Cuba. He ordered many deportation hearings in secret. He required visitors from 25 countries, mostly Muslims to register with the government and if they didn't within 40 days they were subject to arrest, detention and deportation.

No public trials, no lawyers, all in secret in the name of preserving security. For example, one American citizen, Yasser Hamdi, was found under unexplained circumstances on a battlefield in Afghanistan.  He was classified as an "enemy combatant," a new term, which the government created to give it the power to seize and hold even American citizens indefinitely without counsel or trial and without any effective review of the courts.

He was totally isolated and not allowed to see a lawyer. He was not charged with any crime. However difficult, lawyers came forward and were eventually allowed to defend Mr. Hamdi. They immediately challenged his detention on constitutional grounds. Specifically, that this American was denied his right to counsel, his right to know the charges against him, the right to face his accusers and his right to as fair and speedy trial.

The Federal Fourth Circuit Court of Appeals sidestepped the Constitution and ignored Mr. Hamdi's constitutional rights as an American. Its holding: This defendant, an American citizen, classified as an "enemy combatant" does not have a constitutional right to counsel or trial because "Mr. Hamdi was not being prosecuted."

The government, therefore, can impose solitary confinement, indefinitely, by simply avoiding charging the defendant and giving such a defendant a lawyer or trial. If this isn't a violation of the Sixth Amendment, Mr. Hamdi at the least has certainly been deprived of liberty without due process of law.

James Madison, the principal author of the Bill of Rights, must be spinning in his grave.

Most Americans would be shocked, I think, if they realized that they could be classified as an "enemy combatant," taken off the street, imprisoned indefinitely and not be given the opportunity to call a lawyer.  But you can, my friends, at least one federal appellate court has established that precedent.

Since 1990, this organization [FOG] has had a single mission, to help the general public, students, educators, public officials, media and legal professionals understand, obtain and exercise their First Amendment Rights, as well as their rights under the New Mexico Open Meetings Act and Federal Freedom of Information Act.

The First Amendment is most important or it would not have been the First.  But please don't forget the other nine, which together with the First compose the Bill of Rights, the foundation of this nation's greatness and the real source of our security.

If the present situation lasts for a generation as well it may, together with its formidable and direct attempt to restrict or eliminate the Bill of Rights in the name of security, then the next generation may not even remember what their rights were.

There won't be anyone around to remember them or remind the next generation what they were. They may say that they eliminated or restricted them for your own good and beside, your forefathers and mothers voluntarily gave a lot of them up a generation ago.

So what is FOG's mission?  I think its prime purpose is to keep the public informed. To keep the government open and to preserve for the public their right to know.

Its mission is to remind the people what has made this nation the greatest on earth, especially why they should care, as well as why and how they can continue to preserve the Constitution and its magnificent Bill of Rights.

Those first 10 amendments to the U.S. Constitution are the real foundation for our freedom and liberty, our foundation for real security. It is the fundamental law which has made us the land of the free and the home of the brave. We have been that for over 200 years.  Let's keep it that way.

<<<   >>>

(posted 9-19-03)

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