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Review of Politics, Economics, Constitution, Law and World Affairs by Attorney and Doctor Orly Taitz


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The articles posted represent only the opinion of the writers and do not necessarily represent the opinion of Dr. Taitz, Esq., who has no means of checking the veracity of all the claims and allegations in the articles.
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When the people fear their government, there is tyranny.
When the government fears the people, there is liberty.

-- Thomas Jefferson

During times of universal deceit, telling the truth
becomes a revolutionary act.
 -- George Orwell

First they ignore you, then they ridicule you, then they
fight you, then you win.
 -- Mahatma Gandhi


Very important! aside from Eligibility bills, please lobby for nullification or state sovereignty bills

Posted on | February 5, 2011 | 1 Comment

: Message from Orly

Today the states and citizenry of this nation are bankrupted by unfunded mandates from the Federal government and by insane spending by the federal government, as well as unwise federal policies. States are rising not only to remove from the ballot Constitutionally ineligible candidates, but also to vet Federal laws, mandates and executive orders for the purpose of verification of the Constitutionality of such laws, mandates and orders. If the state Assemblies find such laws unconstitutional, they and their citizenry will be free not to follow such laws and one attempting to enforce such unconstitutional laws can be found in contempt of the state laws and prosecuted.

We have now a situation, where the Federal judiciary is inherently dependent on the Federal government. The paychecks of the Federal judges are coming from the Federal government.

We saw time and again federal judiciary refusing to take on issues of real controversy involving the federal government and federal law. We saw patriots and Constitutionalists prosecuted by the federal judiciary with the goal of pleasing the Federal government and our Usurper in Chief. This happened to me, to LTC Lakin and others.

It is time for the states to act in accordance to the sovereignty statutes, that they have in their codes and enforce the Constitution wuithin their states.

The Constitution is a contract between the Federal government and the states and the people. The people and the States gave the The federal government some limited powers and the Federal Government  abused and illegally unilaterally expanded those powers time and again, whereby breaching such contract. The states can no longer rely on the Federal Judges, who are inherently biased in favor of the Federal government, who employs them. This makes as much sense, as playing football and relying on a referee, who is employed by and paid by the opposing team. We see the Federal Judges routinely dispensing cases without allowing the people or the states a right to rely on a jury of their citizens. Time and again the cases are decided against the people based on technicality or total disregard of law and fact without any impunity.     

Our goal is

1. to pass eligibility laws in individual states

2. enforce the nullification of the Unconstitutional Fderal laws on the State level  or Sovereignty enforcement laws in individual states 

Please, contact me at orly.taitz@gmail.com or 949-683-5411, if you can be a liaison or lobbyist for these laws, which is essentially being a lobbyist for “We the People” and the Constitution in your state.

 Robert Hillemann

Add sender to Contacts
To:
dr_taitz@yahoo.com
You might want to send this to your contacts suggesting they demand the same law from their state Governor, State Rep and State Senator…..
PHOENIX — A bill that pretty much says Arizona leaders can throw out federal laws is making its way through the state Legislature.

If passed and signed into law, Senate Bill 1433 would give members of the state Legislature the power to override federal laws and executive orders.

State lawmakers Russel Pearce, Lori Klein, Sylvia Allen, Judy Burges, Jack Harper and Steve B. Montenegro sponsored the bill. It would allow a committee of 12 people — six from the House and six from the Senate — to recommend to the full Legislature which laws they think are unconstitutional.

Both new and existing federal laws would be up for debate.

If the committee says a law isn’t constitutional, a majority vote would allow Arizona to completely ignore federal law.

SB 1433

A. The joint legislative committee on nullification of federal laws is established consisting of the president of the senate or the president’s designee, who serves as cochairperson, six members of the senate who are appointed by the president of the senate, the speaker of the house of representatives or the speaker’s designee who serves as cochairperson and six members of the house of representatives who are appointed by the speaker of the house of representatives. No more than four members of the senate and no more than four members of the house of representatives may be from the same political party. Members shall serve two year terms beginning and ending on the convening of the regular session of the legislature each odd‑numbered year.

B. A majority of the members constitute a quorum for the transaction of business. The committee shall meet on the call of either cochairperson.

C. the committee shall recommend, propose and call for a vote by simple majority to nullify in its entirety a specific federal law or regulation that is outside the scope of the powers delegated by the People to the federal government in the United States Constitution. The committee shall make its recommendation within thirty days after receiving the federal legislation for consideration and process. 

D. The committee may review all existing federal statutes, mandates and Executive orders for the purpose of determining their constitutionality. The committee may recommend for nullification existing federal statutes, mandates and Executive orders enacted before the effective date of this section.

E. On the committee’s recommendation for nullification, the legislature shall vote on whether to nullify the action within sixty days after the committee’s recommendation. Until the vote, the issue in question is of no effect. The appropriate documentation reflecting the legislature’s vote shall be documented in the journals of the respective houses.

F. If the legislature votes by simple majority to nullify any federal statute, mandate or Executive order on the grounds of constitutionality, this state and its citizens shall not recognize or be obligated to live under the statute, mandate or executive order.

G. The committee shall ensure that the legislature adopts and enacts all measures that may be necessary to prevent the enforcement of any federal law or regulation nullified pursuant to this section. The committee shall ensure that the jurisdiction of any cause of action between this State and the federal government regarding nullification of any federal legislation, mandate or executive order with the Supreme Court of the United States alone, as stated in Article III, section 2,United States Constitution. END_STATUTE

Sec. 2. Legislative intent

The legislature finds and declares:

1. The Tenth Amendment to the United States Constitution guarantees and reserves to the states or their people all powers not specifically granted to the federal government elsewhere in the Constitution as they were publicly understood at the time that the amendment was ratified on December 15, 1791, subject only to modification by duly ratified subsequent amendments to the United States constitution. The guarantee of those powers is a matter of compact between this state and the United States as of the time Arizona was admitted to statehood in 1912.

2. As a matter of compact between this state and the United States as of the time Arizona was admitted to statehood in 1912, the Tenth Amendment to the United States Constitution guarantees to this state that, other than the enumerated powers expressly granted to theUnited States under Article I, section 8 of the United StatesConstitution, Congress and the federal government will not exercise any purported additional control over or commandeer rights belonging to this state or its people.

3. Under the Tenth Amendment to the United States Constitution, the people and this state retain their exclusive power to regulate this state subject only to the Fourteenth Amendment’s guarantee that the people and the state of Arizona exercise those sovereign powers pursuant to each citizen’s lawful privileges or immunities and in compliance with the requirements of due process and equal protection of the law.

4. The ninth amendment to the United States Constitution secures and reserves to the people of Arizona as against the federal government their natural rights to life, liberty and property as entailed by the traditional Anglo-American concept of ordered liberty and as secured by state law, including their rights as they were understood and secured by the law at the time the amendment was ratified on December 15, 1791, as well as their rights as they were understood and secured by the law in this state at the time the Arizona Constitution was adopted. The guarantee of those rights is a matter of compact between this state and the United States as of the time Arizona was admitted to statehood in 1912. 

5. At the time the United States Constitution was ratified on June 21, 1788, the sole and sovereign power to regulate the state business and affairs rested in the state legislature and has always been a compelling state concern and central to state sovereignty. Accordingly, the public meaning and understanding of Article I, section 8, the “establishment clause” of the First Amendment and the Tenth Amendment of theUnited States Constitution, is a matter of compact between this state and the United States as of the time Arizona was admitted to statehood in 1912. Further, the power to regulate commerce among the several states as delegated to the Congress in Article I, section 8, clause 3, United States Constitution, as understood at the time of the founding, was meant to empower Congress to regulate the buying and selling of products made by others, and sometimes land, associated finance and financial instruments and navigation and other carriage across state jurisdictional lines. This power to regulate commerce does not include agriculture, manufacturing, mining, major crimes or land use, and does not include activities that merely substantially affect commerce.

6. At the time the United States Constitution was ratified on June 21, 1788, the commerce clause was not meant or understood to authorize Congress or the federal judiciary to regulate the state courts in the matter of state substantive law or state judicial procedure. This meaning and understanding of Article I, section 8, the Establishment Clause of the First Amendment and the Tenth Amendment of theUnited States Constitution, as they pertain to the validity of religious sectarian or foreign law as being controlling or influential precedent, has never been modified by any duly ratified amendment to the United States Constitution. Accordingly, the public meaning and understanding of Article I, section 8 and the Tenth Amendment of theUnited States Constitution is a matter of compact between this state and the United States as of the time Arizona was admitted to statehood in 1912. Additionally, Article I, section 8, clause 18 of theUnited States Constitution, the “necessary and proper clause,” is not a blank check that empowers the federal government to do anything it deems necessary or proper. It is instead a limitation of power under the common law doctrine of principals and incidents that allows the Congress to exercise incidental powers. There are two main conditions required for something to be incidental, and therefore, “necessary and proper”, the law or power exercised must be directly applicable to the main, enumerated power and it must be “lesser” than the main power.

7. At the time the United States Constitution was ratified on June 21, 1788, Article I, section 8, clause 1 of the United States Constitution, the “general welfare clause,” did not empower the federal government with the ability to do anything it deems good. It is instead a general introduction explaining the exercise of the enumerated powers of Congress that are prescribed in Article I, section 8 of the Constitution of the United States. When James Madison was asked if this clause was a grant of power, he replied, “If not only the means but the objects are unlimited, the parchment (the Constitution) should be thrown into the fire at once.” Thus, this clause is a limitation on the power of the federal government to act in the welfare of all when passing laws in pursuance of the powers delegated to the United States. The Commerce Clause was not meant or understood to authorize Congress or the federal judiciary to establish religious sectarian or foreign statute or case law as controlling or influential precedent. This meaning and understanding of Article I, section 8, the establishment clause of the First Amendment and the Tenth Amendment of the United States Constitution, as they pertain to controlling or influential legal authority, has never been modified by any duly ratified amendment to the United Statesconstitution. Accordingly, the public meaning and understanding of Article I, section 8, the Establishment Clause of the First Amendment and the Tenth Amendment of the United States Constitution, is a matter of compact between this state and the United States as of the time Arizona was admitted to statehood in 1912. 

8. Accordingly, we affirm that neither the “Commerce Clause,” the “general welfare clause” or the “necessary and proper clause” of theUnited States Constitution have ever been expanded, modified or amended and therefore, this state specifically rejects and denies any expanded authority that the federal government may attempt to enforce.

9. The Congress and the federal government are denied the power to establish laws within this state that are repugnant and obtrusive to state law and to the people in this state. They are restrained and confined in authority by the eighteen items as prescribed in Article I, section 8 of the United States Constitution.

10. Congress and the federal government are denied the power to bindthe states under foreign statute or case law other than those provisions duly ratified by the Congress as a treaty, so long as the treaty does not violate this state or the United States Constitution.

11. Further, no authority has ever been given to the legislative branch, the executive branch or the judicial branch of the federal government to preempt state legislation. 

12. This act serves as a notice and demand to the Congress and the federal government to cease and desist all activities outside the scope of their constitutionally designated powers. 

Sec. 3. Secretary of state; transmission of act to others 

A. The Secretary of State shall transmit copies of this act to the legislatures of the several states to assure that this state continues in the same esteem and friendship as currently exists and that this state considers union for specific national purposes and particularly those enumerated in the Constitution of the United States to be friendly to the peace, happiness and prosperity of all the states.

B. The Secretary of State shall transmit copies of this act to the President of the United States, the President of the United StatesSenate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona with the request that this act be officially entered into the congressional record.

The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government… Thomas Jefferson

Comments

One Response to “Very important! aside from Eligibility bills, please lobby for nullification or state sovereignty bills”

  1. Starla
    February 7th, 2011 @ 12:34 pm

    MORE FROM AN EXCELLENT MUST READ ARTICLE!!

    Reprinted By Permission From:
    The Post & Email, Inc.
    http://www.ThePostEmail.com

    “AMERICA’S 2011 ALERT AND NATIONAL CALL TO ACTION – HOW WILL TURMOIL IN THE MIDDLE EAST BE RESOLVED?”

    By Maj. Gen. Paul E. Vallely (Ret.)
    Published On Feb. 6, 2011

    Excerpt:

    ““We, the People” have had enough. Enough is Enough. The Obama White House and identifiable Members of Congress are now on a treasonous death march and are bankrupting the country beyond expectations. We have watched them violate their sacred oath of office. “We, the People” cannot necessarily wait for the next round of elections. It is now that many of these public servants (and you know who they are) must put the people and country interests above self-interest by resigning immediately. A civil uprising is still not out of the question as “pain” grips the country more each day.

    We are in a battle for the survival of the United States. This means raising your voice now to your neighbors, family, co-workers, and friends. Grass roots efforts have begun; it is now time to put this effort into over drive. America, stand tall together and we will weather the storm but we must act now!”

    Paul Vallely is Chairman of Stand Up America

    Paul E. Vallely MG, US Army (Ret)
    Chairman – Stand Up America

    E-Mail: standupamericaceo@gmail.com

    http://www.standupamericaus.com

    http://www.veterandefenders.org

    http://www.soldiersmemorialfund.org

    http://www.patriotsunion.org

    Read The Excellent & Full Article Here:
    http://www.thepostemail.com/2011/02/06/america%e2%80%99s-2011-alert-and-national-call-to-action/

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