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2018-10-08 07:00 by Karl Denninger
in Federal Government , 280 references Ignore this thread
So Where Are The Consequences?
[Comments enabled]

I'll tell you where -- absent.

And it is for this reason -- standing alone, above all others -- that I declare we need to revisit The Declaration of Independence and have a clear and public debate on secession.

There are two groups of people in this country, roughly -- those who believe in the Constitution as written and those who do not.  Those who believe in it as-written also believe in the process to amend same, and we respect said amendments, whether we agree with them or not.

Those who do not believe in the Constitution include Donald Trump, Brett Kavanaugh and indeed the entire Supreme Court along with all 535 members of Congress.

The group that believe in the Constitution is much smaller than those who do not, but we are not absent.  Indeed I suspect we reach the critical threshold for such things -- which is around 10% of the population.  In a representative republic it does not matter how small one is as a minority, however -- the entire premise of such a form of government is that minorities have the same right to expect enforcement of the Rule of Law as the majority does.

It is for this exact reason that the sort of attack which took place against Kavanaugh has occurred, it is why you get buttraped on a daily basis by the medical system and it is why car insurance in Michigan is ten or more times as expensive for basic liability coverage as it is in other parts of the nation.  It is why various CEOs robbed you blind before 2008 and why Wells Fargo didn't have one executive indicted and imprisoned after that firm continued ripping people off in the years since, including with outright-forged "account applications" the consumer never filled in or requested.

What happened with Brett Kavanaugh -- unbridled character assassination on a grand scale, intentional violation of Judiciary Committee rules by Feinswine, the apparent suborning of perjury by a former FBI agent who was fingered as obtaining assistance in beating a polygraph from Ford herself and more, is an outrage.

That Feinswine was not immediately expelled from the committee for violating its rules on admissible evidence before same, which absolutely bars the sort of "late hit" game she played with such allegations, is outrageous standing alone.  That the rest of the Democrats in the committee piled on and abused said violation is inherently also not only in violation of the rules of the committee but is also in violation of the rules of comity that the Senate allegedly upholds.

May I remind you that the Senate has the right to expel members for such behavior.  Yet it has not, and will not -- and you will not demand that it does.  May I ask why not?

May I also remind you that everyone made such a big deal about allegations made under penalty of felony, yet not one perjury investigation is yet underway, nor has anyone been called on same, even with regard to the most-outlandish allegations put forward by CreepyPornLayer Avenatti on behalf of Swetnick, who had her credibility impeached almost immediately by others and then impeached her own sworn testimony on national television -- on MSNBC, a hard left liberal news channel -- a couple of days laterNow she's whining that she's "disgusted" at being "re-victimized."  Heh chick: Blow me; you've done more damage to actual victims of sexual assault than anyone since the Duke Lacrosse liar.  You should hang for what you pulled along with CreepyPornLayer.

If you remember the same sort of allegations were made against Judge Moore in Alabama.  As soon as that campaign was over the accusers vanished, despite hard evidence that the so-called "yearbook" presented as evidence was in fact intentionally forged.  Neither the accuser or their attorney, despite having seen and handled the facially fraudulent yearbook (the color of the ink changed mid-"signature") faced any sanction for what appeared to a prima-facia act of forgery and perjury.

We also have Federal Judges who sit on a given circuit court issuing blanket, national injunctions.  These are blatantly unconstitutional as no judge has the right to bind conduct beyond the boundaries of his or her jurisdiction.  The federal appellate system is broken into different circuits and jurisdictional boundaries on purpose to prevent a single judge from doing this sort of thing; if the issue is truly in controversy and differs between circuits it properly makes its way to the Supreme Court in due course.  An alleged injunction beyond the boundaries of one's jurisdiction is extra-judicial tyranny, a legal nullity and to the extent enforcement is threatened it quite-arguably constitutes armed insurrection against the United States.

Prior to the 18th Amendment the Federal Judiciary and Congress knew they could not ban alcohol sales and importation on a national basis by other than Constitutional Amendment.  Irrespective of alleged justification while individual states and counties could and did ban the sale (or even possession) of booze such could not be imposed beyond that local or state political boundary without a Constitutional Amendment, and the judiciary, county and state governments knew it.  The 21st Amendment repealed same; both the 18th and 21st Amendments were Constitutional and in accordance with the rule of law.

Since that time, however, the Rule of Law no longer applies to any federal office-holder nor does it apply to any large corporation.  What occurred in the 1990s with fraud-laced "internet startups", in the 2000s with mortgage lenders and banks, for the last 30+ years with medical firms of all stripes and today with various commercial interests that have given the middle finger to both law the and Constitution is outrageous.  Our own Department of Justice has published statements that if a firm is large and it would "harm" people if it was forced out of business they will not bring criminal charges.  That is a literal license to commit any crime, up to and including murder and it has been exploited by many.  Said "Justice" department has no authority to issue any such statement nor provide any such deference under the law; by doing so backed with the force of arms it too is committing armed insurrection against the United States and the Constitution on a literal daily basis.

This must be stopped.

Those who brought false allegations on a sworn basis and then impeached themselves in public, admitting the falsity of their claims by doing so, must be prosecuted and go to prison.  Every credible allegation deserves to be heard (I have an adult daughter, by the way) but those who lie for political purposes must be destroyed as they trash the credibility of actual victims -- and that is unacceptable.

Judges that issue national injunctions must be removed and, until they are, all decisions from said "courts" must be ignored; indeed you have not only a right but a duty if you adhere to the Constitution to do exactly that.

Those who take up arms against the Constitution and use same as a threat or worse, actually shoot people in "service" of same must be arrested, indicted, tried and executed in accordance with the law irrespective of whether they claim an official government title or not.

There are those who claim that the Civil War and Lincoln "settled" the issue of secession.  Nothing could be further from the truth.  Lincoln was a tyrant of the highest order; it is the height of hypocrisy to declare that one does not have the right to secede from a political union when this very nation exists as a direct consequence of doing exactly that.  Lincoln deserved no better than Hitler or Mussolini and his mere presence in a list of Presidential portraits is an indelible stain on this nation and its Founders.

Those who claim that the firing upon Ft. Sumpter was an "outrageous aggression" are also liars.  It is now known with historical certainty that the ships approaching the fort were carrying arms and soldiers, not food and basic supplies, and that the resupply was intended to make possible an attack from the Fort.  Firing upon it was an attempt to prevent said attack from being possible.  Exactly as was the case with the Lusitania that the Germans sank (and which was part of the reason for America's entry into WWI) the Union lied about the purpose of said ships and their cargo.  I note that the Lusitania claim by Britain stood for decades until diving teams blew their lies wide open by exposing the fact that it was carrying roughly four million rounds of live military ammunition and thus was a legitimate wartime target of the German navy.

If we're not going to honor the Constitution in word and deed, imposing its structures without fear or favor, then quit pretending, quit taking false oaths and just come out and admit it: You're a damned tyrant, you intend to and do rule by the force of the gun and you consider shooting anyone who refuses to acquiesce to your bull**** as both appropriate and deserved.

Oh, and by the way -- you deserve to burn in Hell.

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Marc2mrkt
Posts: 594
Incept: 2008-04-12

Taipei
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Difi not Pelosi amirite?

Tickerguy
Posts: 154660
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A True American Patriot!
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Indeed -- sorry, different swine but gee, they're so similar..... smiley

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Winding it down.
Jtmo3
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Missouri
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I agree 100%, but I'll wager not one is prosecuted. These congress critters know law abiding people will not do the things required to end this. And I'm not talking about calling these pests, as that does zero good. And it's always the same with elections. They're rigged and it's always, throw the bum out...except for my bum, and they usually get re-elected. Groundhog day.
Smitty
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SW Ohio
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Intelligent and independent grand and trial jury service would be key to peacefully reinstituting the Constitution and Rule of Law.


Unfortunately, we appear to be well into the stage of...well...FUBAR.

Trial by jury has become a rare phenomenon, replaced by extorted plea bargains.

The grand jury has become so much Silly Putty in the hands of government prosecutors, to be twisted into whatever shape or form is desired by government.


Corruption has become a standard, little if anything remains that is not thoroughly corrupt, including most of the people.


Karl's use of the word consequences brings to mind a relevant quotation from James Madison:


"The free men of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle. We revere this lesson too much soon to forget it. Who does not see that the same authority which can establish Christianity, in exclusion of all other Religions, may establish with the same ease any particular sect of Christians, in exclusion of all other Sects? that the same authority which can force a citizen to contribute three pence only of his property for the support of any one establishment, may force him to conform to any other establishment in all cases whatsoever?"
-James Madison


The arguments put forth by Lysander Spooner and Kenneth Royce, that the Constitution has naturally resulted in the authoritarian government we suffer under, gain credibility over the passage of time.





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There are two ways to be fooled. One is to believe what isn't true; the other is to refuse to believe what is true.

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Flappingeagle
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Quote:
Since that time, however, the Rule of Law no longer applies to any federal office-holder nor does it apply to any large corporation. What occurred in the 1990s with fraud-laced "internet startups", in the 2000s with mortgage lenders and banks, for the last 30+ years with medical firms of all stripes and today with various commercial interests that have given the middle finger to both law the and Constitution is outrageous. Our own Department of Justice has published statements that if a firm is large and it would "harm" people if it was forced out of business they will not bring criminal charges. That is a literal license to commit any crime, up to and including murder and it has been exploited by many. Said "Justice" department has no authority to issue any such statement nor provide any such deference under the law; by doing so backed with the force of arms it too is committing armed insurrection against the United States and the Constitution on a literal daily basis.


Exactly, the law is only for us "little guys and gals" or for people they don't like i.e. Manafort or Martha Stewart. They have to throw a named person under the bus periodically for legitimacy but, they will never throw a good-size corp under the bus.

The above is why this "little guy" will never aid aw enforcement ever again.

Flap

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Here are my predictions for everyone to see:
S&P 500 at 320, DOW at 2200, Gold $300/oz, and Corn $2/bu.
No sign that housing, equities, or farmland are in a bubble- Yellen 11/14/13
Trying to leave the Rat Race to the rats...
Click
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"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand

So true, such brilliance and such a unique woman was Ayn. Are there any like her, today?

What about superlative men? Are there any? Barry Goldwater! Where are you!

I have little interest in streamlining government or in making it more efficient, for I mean to reduce its size. I do not undertake to promote welfare, for I propose to extend freedom. My aim is not to pass laws, but to repeal them. It is not to inaugurate new programs, but to cancel old ones that do violence to the Constitution. Barry Goldwater

I could give more examples --- many, many more --- but none who are alive. And without alive examples the hope of Libertarianism and "secession" is as dead as a door nail.

Karl said: "The group that believe in the Constitution is much smaller than those who do not, but we are not absent. Indeed I suspect we reach the critical threshold for such things -- which is around 10% of the population. In a representative republic it does not matter how small one is as a minority, however -- the entire premise of such a form of government is that minorities have the same right to expect enforcement of the Rule of Law as the majority does."

You are wrong about having the numbers of people necessary for secession, Karl. I wish you weren't, but you are. Why? Even if you had 20%, secession will never happen absent a few hundred men and women who are of the caliber of Thomas Jefferson, Ben Franklin, George Washington, Thomas Paine, Samual Adams, John Hancock, etc, etc, etc, .... It's not the "10%" or the 5% or the 3% or even the 1%... It's a few hundred good men... and we don't have them. We don't even have an Ayn or a Barry.

We have a Trump, a Mark Dice, an Alex Jones, a Bill Still and hundreds like them. Where and what does that get us? Not secession. It gets us a civil war like the one with "Honest Abe" /sarc/.

They had a Lincoln. We have a Trump.

Prepare accordingly.

Greyhound
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Secession definitely sounds appealing but that is daydream material that would turn into a nightmare in short order. Not an option either in terms of doability or bloodshed. Ukraine, Syria could not hold up against U.S., so how would citizens on its own soil? And why should I fight my neighbor when really only say a Jeff Bezos, a John Brennan, or a Jerry Brown (sticking with the B's) is where should I direct my arms and anger at. If five hundred people in charge of various pillars of society are causing the intentional destruction of law by being above the law, and creating the unhealthy conditions we currently suffer and they will not hold themselves subject to law, well, it is they who need to go, not my hapless, clueless neighbor. During WW2 is was more than accidental that the bombs in London fell on the poor East End and not on Whitehall or Buckingham Place.
Zappafan
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Atlanta
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Conveniently left out of the Kavanaugh confirmation hearings were any mentions of the Patriot Act, declaring US citizens "enemy combatants" and suspending their right to Habeus Corpus, and the fourth amendment in general.

Any of which were certainly fair game since Kavanaugh worked for the Bush administration as a counsel when those constitution-shredding policies were enacted. But neither the Dems nor the GOP cared to pay any attention to that.


So yeah, none of these clowns care about the US Constitution.

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"Americans like to talk about (or be told about) Democracy but, when put to the test, usually find it to be an inconvenience. We have opted instead for an authoritarian system disguised as a Democracy. We pay through the nose for an enormous gvrnment, let it push us around, and then wonder how all those .. got there"
Wa9jml
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I recall an instance when a Democratic Congressman from North Carolina, tried to put an amendment quoting the 4th Amendment verbatim into a Republican War on Drugs bill, and the Republicans voted it down.

That tells us all we need to know about Original Intent.
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