Monday, February 3, 2014

Dated February 3, 2014: My Response to a Post on the Facebook Page "Draft Judge Andrew Napolitano for President"

The QuestionMany folks in the GOP (Including the Establishment) are calling Obama Lawless...

The definition of lawless is not regulated by or based on law; not restrained or controlled by law : unruly; illegal.

If the President is indeed LAWLESS, doesn't Congress have a sworn duty to IMPEACH?




(Above: Judge Andrew Napolitano)

My Answered Reply:

Government is inherently lawless and will consistently conceive of its own code of ethical mores immune from its electorate. It begets corruption, and there is no good that can come of government except that without it, anarchy would be birthed and greater chaos ensued. President Obama and the entire Executive Branch are lawless. Congress is lawless. The U.S. Supreme Court is lawless. All governors of states, mayors and executives of city and county governments, and police chiefs and sheriffs are lawless. There are no such things as just and incorruptible civic leaders at any level. The systems of checks and balances, so sacred they are, are all citizens have to maintain control over those whom they have elected to serve to protect their property and security, and they are being discarded while we, the people, sit by idly and watch. There is no such thing as social welfare out of necessity which begets liberty; it only begets dependency and slavery. Liberty is only begat by self-reliance, questioning authority, and government not forcibly deposing the people's divine natural rights to sovereignty and of that liberty.

When the first civilized humans formed a society, the lone purpose was to agree upon a mutual collective fraternal pact to secure and to protect each and everyone's property. These societies were very small tribal councils, often nomadic, and advanced in sophistication upon the innovation of agriculture followed by the slow death of the original culture. Yet recall that these communal societies were very small, with everyone bartering for food, caring for his or her fellow man, and all the while, the lone source of violent conflicts were settled whether over the competing for the affections of a female by duels, or by the enforcement of a series of tribal laws. The latter of which became a major factor in the develop of mass civilizations upon the reign of King Hammurabi of Babylon with his "Code of Hammurabi," one of the world's first known series of codified laws seeking justice for one against his violator. 

Government is just because the people, whether wittingly or no, cede to it its legitimacy to govern and to rule. When Barack Obama was elected president of the United States in 2008 and our congressmen and senators to their offices, we the people as a collective and by a plurality coronated them their mandate for power. The scenario with regards to the original archetypes of small nomadic, semi-nomadic, and agrarian societies was largely one in which it was an understood covenant between the occupants. Upon the rise of the phenomena of larger polis', cities, and nations (or what foreigners refer to as "states"), there could no longer be a simple legal system based upon gentlemen's agreements and handshakes. Codified laws of great variety became the norm over the millennia to now involving the bantering between multiple factions, or what we refer to as "political parties," spar over public policy, or if a nation still is a government under the hegemony of the old divine right of monarchs, a supernatural force lending legitimacy to the implementer and enforcer of polity. 


(Above: John Locke, English philosopher and author of Two Treatises on Civil Government, 1689.)

Personally, I classify myself as a conservative-libertarian, not a member of the GOP nor Libertarian Party. I believe all life is sacred and am vehemently opposed to legalized abortions as well as the death penalty, for as John Locke stated within his landmark philosophical work of classical liberalism titled Second Treatise on Civil Government (1689): 

"If man in the state of nature be so free, as has been said; if he be absolute lord of his own person and possessions, equal to the greatest, and subject to no body, why will he part with his freedom? Why will he give up this empire, and subject himself to the dominion and control of any other power? To which it is obvious to answer, that though in the state of nature he hath such a right, yet the enjoyment of it is very uncertain, and constantly exposed to the invasion of others: for all being kings as much as he, every man his equal, and the greater part no strict observers of equity and justice, the enjoyment of the property he has in this state is very unsafe, very unsecure. This makes him willing to quit a condition, which, however free, is full of fears and continual dangers: and it is not without reason, that he seeks out, and is willing to join in society with others, who are already united, or have a mind to unite, for the mutual preservation of their lives, liberties and estates, which I call by the general name, property." (2nd Tr., §123)
With regards to the death penalty, I equate the varied methods of application to the term coined legally as "cruel and unusual punishment." As with the concept of legalized abortions, mankind has no moral high ground nor mandate under God to determine who will live and die, and as an issue of human rights, both abortions and executions violate its very spirit. This is a very left-wing policy that has become a common theme for decades, and yet is an acceptable norm by the majority.

The war on drugs must end and for cities across the nation to be permitted to establish zones for Americanized "red light districts" so long as there can be a vice tax placed upon the once-illegal substances. Government should have no vested interests in regulating what occurs in the bedroom, should extricate itself permanently from the institution of marriage, and should strike from the legal codes any laws prohibiting what and how one may be employed for a living - including legalized prostitution if it can be relegated to controlled environs where the business of sex is paid for and, again, a vice tax levied on this service. No firearms are to ever be forcibly removed from the possession of their owners, nor should there ever be either a list -- national or state -- of registered firearm owners. Furthermore, all people should have the right to carry firearms in public, concealed or non-concealed carry. The borders to Mexico should be completely closed, with a massive military presence along the entire border with the authority to shoot upon sight any Mexican citizen(s) attempting to illegally cross over due to concerns over national security, and for more stringent regulations passed by Congress and signed into law by the president to ensure that those citizens of Mexico who wish to emigrate to the U.S. will be required to do so through the historic proper channels and to learn English as a second language. 

U.S. foreign policy is too convoluted with entanglements and alliances for its welfare. The U.S.'s lone purpose behind a State Department with regards to diplomacy should be to only send its diplomats overseas to foreign nations in order to negotiate trade agreements and better mitigate these scenarios between the U.S. and the said-nation(s). Furthermore, in order to buoy jobs by deregulating the current-ban on opening land for the construction of the Keystone XL pipeline for oil, the U.S. should cut diplomatic relations entirely with all Middle East nations other than Israel. By cutting ties with all Arab League nations, the U.S. will be able to greatly reduce terrorist attacks both on our foreign military bases as well as our embassies, and this includes preventing a future scenario akin to September 11, 2001. Following this, the U.S., in order to further cut ties with foreign nations with regards to military alliances, must withdraw from NATO, for it is our involvement in NATO which leads the nation into feeling the wrath of the European Union's citizens who consider our nation one of imperialists. NATO can and will survive and thrive based upon the combined strengths of the British and French militaries alone; it is also time to lift the ban on German militarization, plus the Cold War has been over for more nearly 25 years. Lastly, the U.S. should issue an ultimatum to the then-current United Nations (U.N.) Secretary General that in order for the U.S. to remain within the worldwide organization, it must agree unconditionally to implement a massive international economic overhaul in foreign nations mired in abject poverty in order to initiate the processes of first industrialization followed by a service-based sector which coincides with the former, while also working to achieve the means to provide for the impoverished youth a quality education, beginning by toppling the dictators in those regimes which perpetuate such tragedies with more than simply the entire U.S. military forces, but rather a truly multinational coalition where no nation's troops comprise of a majority. The U.S. should make it abundantly clear that it no longer intends to pay a penny more towards feeding Global South nations whose food rations often are confiscated by dictators and warlords, and that if these demands are not met, the U.S. will leave the U.N.

With the growing threat from the People's Republic of China and North Korea in the Asia Pacific Rim, the U.S. must reinstate Japan's right to militarize in order to defend herself against the aggressive Chinese and North Korean forces. Trade with Japan is imperative and must be accelerated further; the scenario with the U.S.'s enormous trade deficit with China must be reconciled by the gradual weaning away of the U.S. economy's dependency completely upon all Chinese goods and access to U.S. markets. In this manner, the U.S. economic and foreign policies may indeed kill two birds with one stone. For one, if China decides to invade Taiwan or to engage in military conflict with Japan, their national GDP will decrease significantly to where the world's most populous nation will not be capable of funding a war without facing bankruptcy; and two, this allows the U.S. to begin the long, painstaking processes of rebuilding its long-debilitated industrial base as was once so prevalent many decades ago. 

The economy is of paramount importance, as it ought to be. In order to rebuild the nearly-defunct industrial sector of the economy following the Chinese issues, government must through legislation severely regulate and cripple the power of the labor unions who control the automotive and trade industries, even if it entails revising or the outright abolishing of the Wagner Act of 1938. Due to the enormous power these unions have acquired via coercive negotiations dictated by corrupt power brokers, the rates of pay for workers of particularly American-owned and domestically-located automotive factories are exorbitantly high while the price of production materials is incompatible, which forces American corporations owning these factories to close shop and to engage in corporate flight, thereby laying off thousands of workers and creating economic depressions in towns so dependent upon factory labor for employment. Meanwhile, many departments within the Cabinet of the Executive Branch badly need to be abolished. Among those are as follows: Dept. of Education, Dept. of Highway and Transportation, Dept. of Homeland Security, Dept. of Health and Human Services, Dept. of the Interior, Dept. of Labor, and Dept. of Energy. All that are necessary are Dept. of State, Dept. of Defense, Dept. Treasury, and Dept. of Justice. The U.S. very badly needs to deregulate government to its bare essentials in order to promote economic growth rather than inhibit, and to allow for the freest flow of economic liberty possible. The IRS must be abolished and no progressive income tax either implemented nor enforced in the future. The Federal Reserve must be abolished and most of its duties transferred to the Dept. of the Treasury to reconcile the bureaucratic epicenter of tax dollars spent. The EPA must be abolished and all publicly-owned land bought for and paid by private citizens wishing to preserve via conservation measures the natural beauty of our nation, though they do have the right to sell to the government in the case of such industrial opportunities as the Keystone Pipeline XL project being proposed to provide jobs and precious natural resources to operate machine and heat homes and businesses if the price is match by the government at fair market value. The lone area of the federal government which should unconditionally receive increases in funding is the Dept. of Defense due to the necessity for protecting our borders and maintaining our highway systems as they were originally built in order for the military to more easily cross through the nation rather than rugged terrain. 

Taxation should remain low, and artificially so, in order to prevent government from overspending on wasted endeavors and usurping the role of the sovereignty from the electorate. With regards to this, only indirect taxation by means of national sales and excise taxes should be legal so as to afford the people the proper means to spend and to contribute to the government's acquisition of tax revenue as the economy dictates via the law of averages. No additional paper monies nor coinage should be reproduced artificially without a standard in place. The minimum wage law should be abolished and a market-based driven wages of scale implemented to determine the natural rates of pay. In doing so, the capacity for the people to pay for food, clothing, shelter, and medical care will be greatly mitigated, and the means to acquire health care will deflate in price as is direly needed due to government's past regulations and the currently-detrimental policies emanating from the Affordable Care Act (aka. "Obamacare") rendering the acquisition of medical even with private or public insurance unaffordable. The goal is to reestablish the concepts first advocated by Adam Smith in The Wealth of Nations (1776) and with Milton Friedman: allow the chain of supply correlate with the demand of product. The Gold Standard should be reinstated.  

Finally, as with all areas of the U.S. economy, there should also be a great and intense renewed interest placed upon the revitalization of small businesses. Corporate conglomerations such as Walmart and Sam's Club, CostCo, et. al., must be forced to reduce their grapple hold on the U.S. economy, to end the sale of mass-produced products from China per the previously-stated policy. In essence, Walmart and Sam's Club, along with its major competitor CostCo, must be forced to dispand. Those corporate conglomerates, upon opening stores in small towns across America, have forced the closures of untold numbers of businesses domestically, increasing the rate of unemployment, and for those who manage to find a new employer, often lower pay wages. By focusing on revitalizing small businesses in general, entrepreneurship will be greatly emphasized and encouraged, and the greatest focuses on encouraging such growth will be in both the inner cities where socialism currently reigns supreme by imprisoning good but indigent people capable and desirous for work from finding jobs, and for the small rural areas, rebuilding what are for many of these individuals residing in once-tranquil communities and are now ghost towns, return to them their culture and to the heart of our nation where the enterprising American spirit belongs: in Middle America.

In implementing such policies, the existence of socialism in the U.S. will largely cease to exist. There will be no need for class warfare since all levels of income will be well-adjusted to the low rate of inflation so long as during economic recessions, government does not opt to resort to price fixtures nor artificial means to adjust wages such as the continually flawed and failed policy of increasing minimum wage which manufactures inflation and devalues the salaries of those in the middle class who will have lesser means to pay for goods and services. The Affirmative Action laws should be abolished since racism stems from such a policy rather than the promotion of fair access to all of those who are of the highest qualifications to attain employment. By the present tax codes being completely dissolved and a new one implemented to where the amount of government tax revenues are regulated by the people so as to mitigate in staving off the abusive usurpation which emanates from it, the people have far more disposable income and, as is the trend currently in those states which are less taxed, greater capacities for charitable contributions, Good Samaritan acts, and altruism will greatly increase. With the dissolution of the national public school system, the adults with children will have more disposable income to send their children to any private school -- academies, parochial or church-based schools, Montessori schools -- as they so choose. For those families whose students are financially-disadvantaged and live below the poverty line, it is hoped that with these new policies, future charitable contributions via altruistic funds will be established to pay the tuitions and fees for these children who are just as deserving of a quality education as any other individual; locally, such an endeavor as the privately-funded via donations Joy of Music School is such an example of the ideal situation for the economically-disadvantaged. Colleges, community colleges, and public universities should each merge into a public-corporate cooperative venture at every school, with tax breaks coming to the corporations who choose to endeavor in this project.  

By endeavoring in these policies, all Americans -- not simply white Caucasian citizens -- will once and for all be free to experience the greatest possible liberty that in theory was sought, but never granted to all.

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