House Republican Retreat & Mr. Obama's 'Bipartisan'

         Mr. Obama did a good job of acknowledging where Republicans have agreed with his programs and supported them. He acknowledged several members of House and Sens. Snowe, McCain,  for their help and additions to Stimulus and Health Acts. Mr. Obama mentioned 'gridlock' several times with the belief that the American People do not want Party differences interfering with jobs, with getting money back from the banks, and preventing them from "taking risks".  There was loud and long applause for the first problem of jobs and economy.  He acknowledge that by asking for the end to Party obstruction and gridlock to get the job done (by government) FOR the people.

         Mr. Obama said he didn't understand the concept of government spending. That he couldn't understand the 5% tax break and lessen capital gains for small businesses; or getting back the peoples money from the banks, or closing the loopholes which allow American companies out of taxation*!  At another mtg., Mr. Obama said "Tax that is what governments do!".  For his understanding, this is usual and customary role of government.  

        In "Obama will offer foes olive branch" (Paul West, mct news service; p.A3) expresses Republican confidence in "overshooting the runway"(Republican Consultant, Scott Reed) and have little incentive to cooperate with this administration.  Repeated use of Republican and bipartisan occurs throughout both Mr Obama's speech at the Republican Retreat, the State of the Union, in most of the remarks by Obama supporters, and in today's newspaper article.

        Why did Republicans sit in silence?  What actions did the Speaker of the House take which obliterated Article I:5 2nd paragraph? Why does the closed door decisions, especially closed, back room decisions which are affecting 100% of all Americans, 6% of GNP, and the entire field of medicine including manufacturers and RandD, cause anger? Now closed doors to not only C-Span, but also Fox News by AFL-CIO, Mr. Obama's kowtow to his master called Unions?  How does any individual, elected or not, work with a 'small group' within a large party who call themselves 'Progressives (from Woodrow Wilson', F.Roosevelt)', become bipartisan when the word means: 'agree with my program and only add to it - do not make too big a change'?  Mr. Obama gave the following example of their Progressive concept regarding the "Patient Protection and Affordable Act" by noting that the small business will have government assist in providing health plans for their employees, was suggested by Sen. McCain and placed in the Act.  

        This definition of bipartisan has been working throughout the year in several laws or acts that came before Congress. President Obama also indicated in his speech that when the obstructions or gridlock stopped everything, he had a duty to proceed for "America's future". And he had the votes from 11/4/08!

        On Fox, CNN, MSNBC, newspapers, the continued use of  'Republican' or 'Conservative' are in every conversation as well as being the Isolated Reason for Obama's problems with his health act, his dead 'deficit commission', and the general stopping of progress for much of his plans. Mr. Obama continues to wonder why there can't be more meeting to get together on (single) issues he constantly addresses in State of Union and at the Retreat. Mr. Obama, because this Nation is Founded under The Declaration of Independence and The Constitution of the United States of American with all the relevance of Human Nature it protects the individual from the idea of Progressive (Democracy - Athens) government using all the peoples resources to feed its much too large stomach which requires much Maalox as regulations to digest the invasion of privacy, person, home, property, effects it requires to exist.

         Many of the (single) reasons have been covered by all of the above media, to some degree by newspapers (see asterik below), but since issues are separated by commas or spoken one item at a time: Bank tax, overseas Corp. close loophole (it's the 14th Amendment here), deficit commission, war in Afghanistan, health act, union's plastic cards (not addressed in State of Union or Retreat), climate bill even with the designed falsification of GW data. This is best put by George Will in his editorial "Obama's divided brain": "Obama seems to regret the existence in Washington of....everyone else. He seems to feel entitled to have his way without tiresome interventions in the political process by the many interests affected by his agenda for radical expansion of the regulatory state." Mr. Will writes a beautifully sardonic description of the single sided Progressive mind with discrepancies, contradictions, confusion, denial, along with disregard for slow learning American people and the elected Republican as well as those other Democrats (pointed with an Executive Order - below!).  

        Still, the great chasm from Progressive(democracy) of Obama and his administration including czars, commissioners, cabinet members, and redistributing of money, regulation at both ends - walking in to take over Chrysler and being watchdog for "risky" business; while, if he can succeed running 100% of Health Care will rid the USA of private insurance and manage it through the HHS; and Determining carbon chip trades in the Stock Market. The Executive Branch with Judicial Supporting anytime it can, to determine how Our Nation will perform for the benefit of government decided definitions.

        The other end of this not-fillable chasm is Our 434 year old Colony's with 13 separate but common Constitutions, that became One Declaration of Independence and Constitution of the United States of America through the insight, intelligence and love of country by Our Founding Patriots who taught us through their beautiful words that: Mr. Obama's idea of government  would return (originally Democracy in Athens), that 'We the people' as part of the inheritance of Our Nation - which is No Longer The Experiment Our Founder's knew it to be - Must be Ever Vigilant for there is no possible manner to control the human nature of man.  Mr. Reagan reminded US(A) of the same thing.  No matter how hard anyone tries, humans just will be without integrity, happy in controlling and judging others - lesser men - , forgetting that their personal life's journey is less than 4 rings of a Redwood Tree regardless of  their opinion of their importance.

        That chasm cannot be filled. It cannot be bipartisan. and it cannot compromise because Our Founder's decided that in order for the American People to rule themselves, this Nation must have elected representatives who have integrity and service to represent 'We the people' as constituents and as citizens of an ever-growing in Nature and Nature's God Nation, built on unalienable rights which may be bumpie, but will continue on into whatever eternity or location we will take.

         And because We Are American, right now, the Republican Party that is protecting "..the consent of the governed..."  through protecting our individual human rights from the "agenda of radical expansion of regulatory state". Our Republican Representatives in both houses of Congress, in the minority, have stopped the expansion in health care and will continue to have challenges against Our Constitution until at least Nov. 2010; but probably beyond that. That is because "...prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience has shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long trains of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their Duty, to throw off such  Government, and to provide new Guards for their future security. ...(Our Declaration).

         Being American, many of us would say other groups have helped identify the mistake that requires action to change. Tea parties, small internet groups like George Bush's group, Tax Revolt Coalition, Change Congress 2010, and many, many more...but like Mr. Obama said "When defending Our Country against enemies, We are One Nation!".

        So, what is the sufferable, and often silent, unique American Truth: That the Constitution and therefore, The Declaration of Independence are under attack through silence, ignoring, disrespecting, and declaring that its content is unknowable except for a few expert attorneys; and without one single bang of a pistol or any weapon except words and misdeeds under the guise of helping the helpless and poor by redistributing the wealth defined by one man; by regulating the rewards and risks of private business - including walking on the private property of a private business to change that business to what the "leader" and his czars, determined and defined it should become because the business accepted taxpayer dollars. That the same government using taxpayer dollars, could not find enough taxpayer dollars to reorganize 100% of healthcare for his determination of an private insurance problem which required a 100% change in the field of medicine; that his czars who answer to no-one but the President who working through the President's cabinets have instituted a large number of energy, environmental, communication, transportation, homeland security, education and more regulations - not open to decisions of the American People; that this President and Administration caught themselves in so many distortions, mis-statements, completely wrong information; ignoring of rights of individuals and individuals as Corporations and businesses; as seeing that Wall Street is a totally different entity of Main Street without relation to the nature of America; and that because of not recognizing the One Nation Under God, does not recognize the role of this Nation in a world where tyranny is rampant. This President and too many of his administration, demonstrate that Our Constitution is not relevant to their definition of Progressive Government, that it is right to ignore both Documents, and that therefore, the unalienable rights of man does not mean anything because 'government for the people' is all-knowing and encompassing.  That they are OK to ignore the words and anger of the American people because 'they don't know.." .  That this government fails to provide, preferring secrecy of its relation to Unions, outside 'friends' who agree with their 'Progressive' ideas, courts which support the 'Progressive idea' by actions to harm American Farmers and agriculture workers; and by giving special favors to people who need to proselytize their special needs. During speech to Republicans Retreat,  Mr. Obama quietly rejuvenated as an Executive Order the Deficit  Commission in the Executive Branch - not answerable to 'We the people'.

        America, it won't be easy to continue to live through this President who doesn't know what he doesn't know and because of it, will cause more harm than he already has by stating "I don't understand the concept of government spending".  Even if he doesn't, we continue with a President who is a clear and present danger to the United States of America.

Thank you, Catherine West, San Marcos, CA

*Regarding oversea Corporations in California: Our Assembly, who wouldn't breathe unless Obama and the Unions gave them permission, passed a California Un-Constitutional Law to not only tax the Corp., but also redistribute the revenue to California Colleges to decrease state sales taxes on textbooks and supplies.  Sound familiar! The California Constitution violation is located in Article I: 7(b) "A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens. ...". Since an oversea corporation is a group of citizens, the corporations remaining in California (not overseas) may not be granted immunity from the same tax as the overseas Corporation. Tax one Corp in CA --- tax all Corp's in CA!

Sample private survey questions to answer... and the problem with the goal of questions

With due respect to www.personalliberty.com, the following group of questions will not arrive at the goal of who is responsible for government bailouts...... 1) because the multiple choice questions are not answerable with a single answer from the choices offered; 2) The questions have already been answered by the person(s) who Wrote the Survey! The goal is to fall into a particular category which reflects political party thinking.  3) The survey leaves out salient facts important to the outcome of government involvement. This simple fact has been left out of all media and commentary reports also.  That Fact Is:  Occurring on the Cusp of the 'Bubble' was  Pres. Bush and Treasurer Paulson (Right, Constitutional government) 08/08 to 01/20/09 changing to Socialist/Progressive  or as far in the political continuum left as possible without falling off the bar; and which we have learned over the last year, was a much bigger mistake to the history of Our Nation.  AND 4) because government is formed by "consent of the governed". The point is: then Pres. Bush and Treasurer Paulson would acknowledge that TEMPORARY use of taxpayer resources with as much guarentee of return as possible through TARP and the auto business would have been handled entirely differently than Mr. Obama  and his administration even though they will say they kept the form intact from Mr. Bush and Paulson -- Obama's group did, but only to a point where they stopped to pursue their own ends: Mr. Obama walked into a private American Business to fire a CEO and then left behind non-elected czars to complete Mr. Obama's idea of a business model; Mr. Obama and Treasurer have not returned the TARP's loan returns with interest to the taxpayer. Mr. Obama and Treasurer redirected the TARP bank returns into programs which occurred after being pushed, forced via the Speaker into law and Democrat majority. 


          Mr. Obama also felt he was duplicating the Massachusett's Health Act when his Administration worked-up from 1302 to 1392  the 10 versions of his Health Act because he had the majority vote in 11/4/08.  He  and Congress has,  with 2-4 Senator exceptions,  never admitted to the violations of both the Declaration, the Constitution including the commerce clause in Article 1:8 paragraph 3 and in Ignoring Article V by changing the Constitution without benefit of the 2/3rds vote of the Congress or the States. The point here is also "the greater number" democracy being the underlying governing.  The other use of 'Democracy' is Sen. Schummer stating "The Supreme Court's decision (election reform) is the worse decision made in the history of the United States" -- never mind the decision erased the unwritten Political Action Committee work of SEIU and other unions on Our Politics for One Party Only!


            As Ben Franklin said "We swim together or we sink together.", so ultimately, it is for each individual, regardless of party affilitation to realized that  'The Buck really Stops With Each American's Vote'!  With forgiveness to ourselves for the voter economic panic when oil/gas prices peak with the bubble less than 6 wks. before 11/4/08! None-the-less, the consistent use of ...greater number... in Louisiana Voting and a returning initiative here  in California, will result not in the best candidate only in the most numbers and disregard the huge gap between Constitutional/integrity of individual and simply the greatest number regardless of principle.  


        Republican government defends the laws and basic rights of individuals which prevent acts like the Health Act; invasion of private business in the name of government watchdogs when the dogs make the regulations ruling (Financial Stability Act)  the privacy of the individual a.k.a. business and person.  At the Federal level, the United States of America is a Republic Form of Government with the duty to protect the individual from the power government of the few -- which is exactly who and what is running our Nation from today thru 11/2014; and whom the other Party is celebrating the ability to stop the running through by the Speaker of money Acts in the interest of the Executive Branch; and forcing the Senate to become more aware of the Nation's Republic Form of Government and protection of the individual against 'the power' of a number of voters. The voters for President know know the mistake of his "Change"; and put more importance on protecting Our - We the people's - Constitution for the rights of the individual which means person or business!


        We are a Democracy at the local, to lesser degree at County and State, but never at the Federal level of government. Even with the present 'majority' party in power who believes this country -- not Our Country -- is a Democracy.  Example of local and Democracy: Well known that California is having its budget problems. Instead of thinking routinely taxing whatever is available or increasing taxes, think about using private or volunteer resources:  We have to close many of our State Parks:  If the city or county nearest the park can organize volunteers, often already present in the parks, to perform the maintenance, grounds care, etc. then the parks can be locally maintained including allowing tax breaks for the businesses who contribute machinery and goods to help the parks.  As the State recovers, take another look at how it can share with the cities-counties to assist the costs. The same could happen in City Parks which could divert needed funds back into other city needs.


        With Our Federal Government, remember:  "I am only one, but I am one. I cannot do everything, but I can do something.  And because I cannot do everything, I will not refuse to do something that I can do. What I can do, I should do. And what I should do, by the Grace of God, I will do. Edward Everett Hale, 1829-1909.".  Protect the individual from the Federal Government's natural human nature to move toward power, force, and demand to the extinction of the basic rights of man.  The basic rights of man are those rights given to humans by God and expressed in the Bible.  The basic rights protect our life, liberty, and pursuit of happiness.


        Keep learning or relearning the Founder's teaching and classical  learning methods from original text's which helped write Our Two Unique In The World Documents.  After Research, question yourself -- Reason -- contemplate how today's education, economy, politics, social philosophical ideas which may become laws or regulations at any level of government and compare-contrast to the Constitution and remember, if the issue is located in the Constitution, it is Also located in the Declaration  -- you can't have one without the other!!   Try Hamilton's Legislative Test.*  


There is much more to American political thinking than this or any survey or poll or commentary can hope to cover because, virtually every idea of Our Founder's with The Declaration and Constitution they gave us, is at stake in the manner this and other polls, counting devices continue to value the greatest number of ...whatever,  and  groups of people decide ideological course ...democracy.   Versus, electing our representatives to maintain the support of and belief in the individual through Both Our Founding Documents...Republic.  A Republic form of government is "where sovereign power is lodged into the hands of representatives elected by the people. The people are indirectly sovereign through an intermediate body of elected officials"* at local, county, state or federal levels. 


          Counting the majority number or making decisions around a table without benefit of all information available is the ultimate Democracy which John Adams said "Democracy will soon degenerate into an anarchy, such an anarchy that every man will do what is right in his own eyes and no man's life or property or reputation or liberty will be secure, and every one of these will soon mould itself into a system of subordination of all moral virtues and intellectual abilities, all the powers of weath, beauty, wit and science, to the wanton pleasures, the capricious will, and the execrable cruelty of one or a very few. (1763 in "An Essay on Man's Lust for Power").  Most of the words in this quote are present Now; and through ALL of Our Mistakes in the last election.  Even in the Bubble itself, which actually did occur through mis-guided politicians suggesting to misguided real estate opportunists, that selling homes to dreamy, misguided Americans would help Every Person Own A Home and all disregarding or disbelieving in the morality of the use of the Tool Called Money!   


Here is the survey. It was from FoxNews.com:

1)
Who is most to blame for America’s current economic crisis?
Obama and the Democrats in Congress
The Bush Administration
The Clinton Administration
Wall Street
Banks and sub-prime lenders
Real estate and mortgage professionals
2)
Do you agree government bailouts were the answer to America’s financial crisis?
Yes
No
Undecided
3)
Do you believe the American taxpayers should ever have to foot the bill for our financial system's mistakes?
 Yes, we have to or we’ll end up in a prolonged recession or worse a depression.
 No, America is too far in debt already.
Absolutely not, the American people should never be responsible for bailing out the private sector.
Undecided
4)
Do you believe the government bailouts are helping rescue America's economy?
 Yes
 No
 Undecided
5)
For whom did you vote in the 2008 presidential election?

Obama/Biden
McCain/Palin
Other


* Google it or P.217 in "A Guide for Learning and Teaching The Declaration of Independence and The U.S. Constitution, Learning From the Original Texts Using Classical Learning Methods of the Founders." by Joseph Andrews, copyright The Center for Teaching the Constitution 2001. www.teachconstitution.org

Education K-12 and higher ed. not part of review for cost saving or quality management

50% of general fund to K-12, Jr.College, State College, plus; and in addition, the bill just signed yesterday to replace administration, close, or encourage opening of Charter Schools for poorly performing schools. Quit support of Regional Occupation Programs because "We want higher education rather than those who need trade schools" from a Democrat. Look at the shifting with amount of funds within the existence of each of these plans! The most important reason the K-12; higher ed. must be included in a through review of its systems to reduce costs is apparent in: 1) talking about closing rather than correcting or problem solving with quality circles consisting of a partner school higher on the performance scale - move the administration and teachers rather than having empty buildings at the expense of the student's learning. 2)Eliminating one of the oldest and most effective education for those students who won't go to, or can't perform at the college level right out of H.S: The Regional Occupation Programs are 'the open door' for a young or older adult to chose a course for success or moving-up in a career. Lots of adults return to college more than 5 years after working at a trade. The reason to not support 'ROP' sounds like not enough money when it comes between funding college or funding trades. How, in view of the amount of taxpayer dollars and in view of the future of the United States of America, could anyone say the Education system should be exempt from reviewing its own spending, costing, bureaucracy, demonstration of learning effectiveness in the student who graduates? The graduate should have some idea of how to ask and answer a question, where and how to find the answer, and determine if the choices he/she makes in learning are the most valued rather than the most politically correct; or social interaction between groups of students, more than the individual who will, in the end, be most responsible for whatever contribution he/she makes in the world of tomorrow. With 50% of taxpayer resources, plus some Federal Taxpayer Resources means 50% at least - accountability for how, where, what, why, who (administration versus classroom) in terms of the incredibly large amount of money used without measuring outcomes or making changes in courses which allow a student to bypass American History, Mathematics, Science, Language, Geography, Literature, Writing and English, philosophy and religion, along with the critical thinking these subjects require, for easier subjects. In administration, looking a policies and procedures which do not allow a teacher to assist an insulin dependent diabetic who is as normal as any other student in the room, just has to perform one more item than just washing hands or face, i.e. test and perhaps cover a blood glucose result or have a source of quick-acting glucose could be consideration for policy and procedure review. Purpose of spreading above subject matter is each student regardless of grade level represents a single part of America in how he/she learns to learn and think. The education system should not have an easy, but much more expensive out in closing a school, which doesn't solve why the school is poorly performing. That many times even in poor performing schools, a student does succeed in spite of the school's situation or location, is the reason shutting down won't change anything except increase the costs to shift every-one including students around without noticeable change because the problem is not intervened to the direction required. In medicine, part of the care is putting the care into a problem-risk-management-intervention-outcome-circle; and integral to each patient's care regardless of which department the patient attends: inpatient, outpatient, homecare, laboratory, radiology, whatever area you want to name - has a quality circle to evaluate and change what needs changing. It is a constant, weekly to monthly part of everything, every professional and paraprofessional performs. But schools don't have to do this?! Self examination for the benefit of their students - no matter the age, location, grade-level in relation to age, teacher, classroom characteristics, the environment, the roles the students take in school and at home along with interests, gifts/skills; in other words in all aspects of life as it exists because is what school represents. No school, charter or not, will have the same level simply because individuals are different and individuals are who lead the classroom on a daily basis. Second only to medicine, schools must have problems, intervention, outcome, risk-management, mission, goal process in order to be sure the individual student can think and decide for their benefit in relation to their goals! No student arrives at this point at the same time or in the same way. It is personal and must be worked through in a manner that works for that person. All education can do is offer tools, techniques, skills, some discipline to complete a task, and freedom to learn from weakness and strengths. 


With the primary goal of testing outcomes belonging to the student to strengthen his/her learning, thinking skills; Not to the teacher, principle, or school. A student test is just that---tests the student --- not the teacher and Not for the continued existence of the school! Whether a school remains open or gets closed depends on the outcome of 100% or the greatest number of students who do well on the tests. Education is for the individual --- not the entire school as a conglomerate of students for teacher outcomes; and outcomes need a quality circle to be sure the individual student accomplishes his/her needs in the whole of the school! These are the reasons schools must not be exempt from the budget process. (As an aside, we do not run education for the benefit of union opinion)!

This may be a shocking idea, but returning to the classical method of learning might be helpful: Research, Reason is logic with inspiration or meditation, Relate-bridging the gap between knowledge and application, Record with reason - go hand in hand!*

School throughout California must be accountable as much as the sickest person in the largest hospital; because people matter and so does the future of this Nation!

*"AGuide for Learning and Teaching The Declaration of Independence and The U.S Constitution, Learning From the Original Texts Using Classical Learning Methods of the Founders" by Joseph Andrews; copyright 2001; pp.9-13; The Center for Teaching the Constitution;  www.teachconstitution.org.

Arnold Budget: Includes $12 Billion in Non Existent Revenues

Written by CA Political News on January 08, 2010, 09:24 PM

Gov. Schwarzenegger's California budget proposal fails to pass reality test

Contra Costa Ties editorial, 1/08/10 

GOV. ARNOLD Schwarzenegger's proposed budget, which seeks to close a $20 billion deficit over the next 18 months, fails the reality test.

It stipulates $8.5 billion in spending cuts, mostly in already-reduced welfare programs, employs $4.5 billion in legally questionable fund transfers and relies on $6.9 billion in federal money in excess of stimulus funds.

His $82.9 billion general fund spending plan asks for no tax hikes and would allow the temporary increases in sales and income taxes to phase out later this year and next year.

The governor also promised not to reduce funding for K-12 education except for a $1.2 billion cut in district administrative costs. None of the cuts could be shifted to the classroom. He would also offer modest spending increases to higher education.

We wonder how equitable it is for the governor to call a fiscal state of emergency that leaves taxpayers and schools unscathed, yet strips the poorest Californians of much of their safety net and asks state employees to trade furloughs for what likely would be a long-term 10 percent take-home pay cut.

Even more troubling from a fiscal standpoint is Schwarzenegger's call for fund transfers of the kind that were found illegal in the past and now account for $4.9 billion of the budget gap.

But perhaps the most fanciful part of the governor's budget is the $6.9 billion he hopes to get from the federal government,
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which is deeply in debt and in no mood to bail out a state that has had a failed fiscal system for many years and has refused to fix it.

To his credit, Schwarzenegger once again has proposed major tax and budgeting reforms. Even if he were successful, which is unlikely, the changes would not be in place for this and the next fiscal year.

Nor is the economy improving nearly quickly enough to stave off another huge state budget shortfall.

California will be forced to make major, painful spending reduction to a number of welfare programs, and it is going to have to require pay cuts and greater pension contributions for state workers. The state also should go ahead with the governor's plan to allow private prisons.

But California also needs to find new sources of tax revenue, at least during the short term, even if all the spending cuts the governor seeks are enacted.

Also, with about 50 percent of the general fund designated for K-12 and higher education, we wonder if schools should be exempt from the kind of sacrifices being asked of others,

There is little chance of California getting almost $7 billion from Washington, D.C., and much of the fund shifting he seeks is apt to once again be reversed by the courts.

It should be clear to everyone that long-term budgeting and tax reforms are critically needed in California. But, for now, any realistic budget must rely solely on California's own resources and not depend on federal largesse or legally questionable fund transfers.

Unfortunately, the budget outline the governor presented to Californians on Friday does not adequately face up to these realities.

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Article I:8(3) Regulate Commerce and the Health Act

01/19/10: With Scott Howard's win of Senator Kennedy's seat, with respect to memory of Senator Kennedy, many are optimistic that the 14 States won't have to continue Obama's health Act to the Supreme Court! Though it might be a good idea to have the Supreme Court look again at the use of the word "commerce" and this time utilizing "The Meaning of the Commerce Clause" by Randy Barnett (University of Chicago Law Review; Winter 2001, 68 U.Chi.L. Rev. 101) from "Constitution Society - Rights,Powers,Duties" which also contains several other References.


This Administration believes that the 'Commerce section'-Article I:8 clause 3 -  covers their all encompassing from before birth to death "Patient Protection and Affordable Act" including all providers having any business with medical, medicine, patient care in home, SNF, senior residences, outpatient, inpatients, any procedure, any age at school and home including college and what college age people should chose to do with their time and money.

THE SINGLE MOST IMPORTANT REASON FOR THE ABOVE IS THE FEDERAL/EXECUTIVE BRANCH (HHS, TREASURY, HOMELAND SECURITY) FIND THE TAXPAYER RESOURCES FROM INDIVIDUALS, BUSINESSES, AND ANY $$$ IT CAN FORCE FOR IT'S OWN SOURCE FOR DOLLARS REQUIRED TO MAKE THE BILL WORK. It is probably among the first time in our 233 year history any concept like this has ever been perpatrated onto the American People and the 'commerce' clause is esstial to how the 10 plus versions, behind closed doors, political pork barrelling, misuse of our taxes will help it exist to Mr. Obama's liking.  Forget American people - Just Obama & his coercive effect on members of his party.  Republicans have remained quiet, stalled processes at every turn, created with American's support doubts about Consitutionality, individual control over person, property, papers, and effects, disenfranchising all Medicare/caid members due to forced into the Protection and Affordable Act. There is actually not much new in the world of medicine and patient care involved in this Act. Republicans, to varying degrees know that.  Very few Americans including a like number sitting in Congress, know how much our Declaration and Constitution are being ignored because these documents which define us as Lovers of Life, Liberty, and the Pursuit of each individuals happiness granted by The Creator are directly and specificaly protecting us from a much too large in scope, practice, intent of founders, and denying or lacking insight into the unique Nature and Nature's God, of Our Declaration to understand Our Place on this Globe. The Founders knew what they created was with The Creator's assist, but with their close attention to Greek, Roman, German, French, Spanish, and of course English history all of which contributed to the formation of the United States of America.

      
          So along with the help of Mr. Jon Roland's Constitutional Society, www.constitution.org; Mr. Joseph Andrews "Teaching and Learning The Declaration of Independence and the Constitution of the United States using original texts and resources and the 'Classical Learning Methods of the Founders' ", www.teachconstitution.org, Mr. Robert Campbell's "American Grand Jury", I plan to use these resources to follow what Noah Webster gave us in "The American Dictionary of the English Language 1928" to look at 'commerce' and "On every question of construction, let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or intended against it, conform to the probable one in which it was passed. (Thomas Jefferson in letter to William Johnston, 6/12/1823)".    

         To that end, here is one of the cases from Mr. Roland:   A.L.A. Schecter Poultry Corp. v. United States, 295 U.S.

          495, 55 S.Ct. 837 (1935): NIRA permitted "codes" to be

          promulgated by industry groups, which "codes" had effect

          of law.  Schecter officials indicted for violating "code" for

          acts occurring inside NYC. Court held NIRA

          unconstitutional on delegation of powers grounds and

          found the acts in question not a part of interstate

          commerce. Congress has no power over local wages and

          hours of work.

          

            "The mere fact that there may be a constant flow of

            commodities into a state does not mean that the flow

            continues after the property has arrived and has become

            commingled with the mass of property within the state

            and is there held solely for local disposition and use,"

            Id., at 543.

          

            "The power of Congress extends, not only to regulation

            of transactions which are part of interstate commerce,

            but to the protection of that commerce from injury. It

            matters not that the injury may be due to the conduct of

            those engaged in intrastate operations. Thus, Congress

            may protect the safety of those employed in interstate

            transportation 'no matter what may be the source of the

            dangers which threaten it'... [T]he dominant authority

            of Congress necessarily embraces the right to control

            their intrastate operations in all matters having such a

            close and substantial relation to interstate traffic that the

            control is essential or appropriate to secure the freedom

            of that traffic from interference or unjust discrimination

            and to promote the efficiency of the interstate service,"

            Id., at 544.

          

            "If the commerce clause were construed to reach all

            enterprises and transactions which could be said to have

            an indirect effect upon interstate commerce, the federal

            authority would embrace practically all the activities of

            the people, and the authority of the state over its

            domestic concerns would exist only by sufferance of

            the federal government. Indeed, on such a theory, even

            the development of the state's commercial facilities

            would be subject to federal control," Id., at 546.

  This isn't finished yet; but since our Mr. Obama wants his Health Act before his State of the Union Address; and because this clause is going to the Supreme Court; and because there is much more dangerous parts of the humongus Act, I'm going to put it out now...then continue to edit it until finished...... for now, 

           "I am only one, but I am one. I cannot do everything, but I can do something. And because I cannot do everything, I will not refuse to do something that I can do. What I can do, I should do. And what I should do, by the Grace of God, I will do. (Edward Everett Hale)".        

Registered Nurse License Renewal, The U.S and State Constitutions, and The Board of Registered Nursing

01/19/2009: Since I publish this RN Issue, I've had a phone call from a staffing agency wondering if and when I could work for them in a hospital, I answered that I wasn't active as a R.N. right now due to litigation. Because the Nursing community is small and very open to rumor, let me clarify: The litigation is Not Against Me! My R. N. is correctly renewed, but not in my possession - so I am unable to work. I will update this blog as 1419 continues..




ISSUES: Paragraph 1419 Registered Nurse Renewal of License ( CODE attached):   My Registered Nurse License is Renewed with continuing education units completed and the fee paid.   Demand for, at my expense, full-set of fingerprints exclusively from the Department of Justice, with State and Federal criminal record reviews is Un-Constitutional both at the State and Federal levels of government. The demand in combination with seizure of my 38 year old Registered Nurse License is coercion; i.e. either you get fingerprinted or we seize your right to work - R.N. License. U.S. Amendment IV/State Article I:13  states that security of person,houses, papers, and effects, against unreasonable search and seizures, shall not be violated, no Warrants but upon Probable Cause. Paragraph 1419 went into effect in 1985, 24 years ago. New RN-LVN graduates are routinely processed through these two demands. March 1, 2009, The Board of Registered Nursing (BRN) renewed the requirement of this Article 2.Registration and Examination, paragraph 1419.     

            The Sections of both Constitutions are involved because there is no "probable cause" for the fingerprints or the criminal records check. There is no 'due process' even if a crime or past crime were involved; and 'no appeal' in any case. There is No Crime in refusing to give permission to the Board of Registered Nursing for either of the above demands. Because this Regulation is just that, there was no State Legislative review for this Regulation. There is no reason to search for my fingerprints since there is no record anywhere of my fingerprints, and because 24 out of my 38 years as a Registered Nurse have elapsed. Security of person involving my fingerprints: for a Registered Nurse, hands and fingers are tools of assessment and evaluation of a patient's condition. Security of property and affects is the license itself: It is properly renewed, but because I have refused the above, I do not have, in my personal possession, a Correctly Dated Registered Nurse License, I therefore cannot work as a Registered Nurse. I am single. My R.N. License is my primary income which pays my expenses and my mortgages. "Affects" also include my 5 years of working as a Diabetic Educator and member of the American Association of Diabetic Educators, the last 2 of which where as a full-time Diabetic Educator. It takes 5 yrs. for a Home Health, visiting nurse to complete the hours of direct patient diabetic teaching care required to become certified. There is a Certification examination to complete. My current RN Case Manager and Diabetic Educator position pays me less than many RN's with my years of clinical and administrative experience; but to be a Certified Diabetic Educator means more responsibility, more independence, and the opportunity to expand my RN work into a field of expertise which requires my clinical as well as my psychosocial teaching skills and is very satisfying to me in accepting the challenges of the patient and family with diabetes. The loss of pay and increase in debt were well worth the risk of not passing my Certification Exam. I was also able to contribute two patient care articles which were requested to be published in "Home Health Care Nurse" and in "Clinical Diabetes", but July 31st came first. 

          My license expired on 7/31/09.  I can't count the number of patients, nurse and personal friends who felt that the care I gave and the money I earned was much more important than "This is over a set of fingerprints!!??" from my mortgage company. But for me, I had just completed a course called "A Guide for Learning and Teaching The Declaration of Independence and The U.S. Constitution" via www.teachconstitution.org .  Course Goals were not only to understand the impact of original documents on our Founders along with their roles in Our Nation's two, unique in the world documents which Mr. Andrews calls the Birth Certificate - for Our Declaration - - and the "Owner's Manual" for Our Constitution,  but also how Both Documents are as Relevant January 2, 2010 as the year they were written. Over several months that followed, I was to find out how very true these goals were and was often amazed, even dumfounded, at the insight of Our Founders into human nature, the applied effect that human nature has on elected or in-charge leaders, and why the Constitution was not designed to be specific; but as a guide to Prevent The Federal Government from becoming too big because another group of American's expectation that its big size could somehow manage individual's lives better than the individual or even each sovereign State which is closer to the persons and the problems; or that taxpayer resources distributed over Fifty States and Territories, is somehow, more efficient than the same taxpayer resource used by each sovereign State. The Constitution also Prevents the sovereign States from interfering with Our issues as a Nation and specifically are duties of the Federal Government. First and the absolute reason both of these documents were written: The Declaration and The Constitution protects each Individual American natural or naturalized; and with the Declaring that "All Men Are Created Equal....". 

         We are in what many Americans hope is a correction, from power and money in the hands of a few, although the last word on Obama's "Patient Protection and Affordable Act" is not in yet. This 'Act' is the essence of the very problem our Founders tried to prevent US(A) from experiencing first hand as they had, or had observed in the world era of 1776.

          The course is important to the seizure of my R.N. License for several reasons: 1) I realized that many of my friends, family, co-workers, leaders had no idea what these documents contained, nor what they mean to each and every individual American; many answered "If I have to chose between my paycheck and my license; paycheck wins every time!" 2) Upon visiting in person the Board of Registered Nursing, the clerks managing compliance to this 1419 were working by rote, had taken a Oath to support both Constitutions and had no idea what the documents (including CA Constitution) contained; and further, stated there is no way around this demand and stay an active R.N.; 3) Wrote and called my State Representatives, which by now the budget stale mate is in full swing, so I could see the absence of these documents in the arguments presented. They listened to me and explained that legislation was closed until 2010 and also that "They have the Codes" that make 1419 enforcable. When I said "Then the Codes must be wrong because the Constitution is the Supreme Law of Land which  CA Constitution recognizes", they said we are sorry, but there is nothing we can do now. Even made a "Whistle Blower" report to California State Auditor.  As of October, I am to fax my work to them, but unemployed = no money. 4) My 8/9/09 Unemployment Insurance application is made with "Career Change" as part of the application. I am not and cannot work as a Registered Nurse - 'disqualified' or not! There are also many job positions in and out of health care which I cannot do because of Regulations like 1419. There are several thousand of Californians who also must agree to the fingerprints-criminal record checks or not be hired; or not have a professional license renewed with the use of different CA Code numbers corresponding to twenty-five other professions involved through this type of Regulation.

           My personal goals were two: 1) To Educate, though actual experience, what happens when the State of California, Department of Consumer Affairs, Board of Registered Nursing's requirement 1491 becomes challenged as un-Constitutional.  In writing about the events with my R.N. License, I also could demonstrate that Our Two Documents are Written "It is the excellency of this Constitution that it is expressed with brevity, and in the plain common language of mankind. Oliver Ellsworth 1787". Our Founders fully intended that every individual start learning about these documents from elementary school 'all the way- each year' through college and beyond... Because the Declaration gives a 'why' for Our Nation and the World we live in; along with a 'how to..' Constitution application of issue solving to the 'Parents' - We the people- as Unique Individuals, elected, appointed, leaders, down-to-earth- you and I - Our name: Americans (Natural or Naturalized). The instruction of Our Two Documents is California Law commonly ignored or distorted in public education; but not in Charter- Home Schooling.  And show that "..Whenever the protection of the public is inconsistent with other interests 

sought to be promoted, the protection of the public shall be paramount.(Adm. B andC Code 2708.1 below)", is an incorrect application of the demand for my or any 
licensed individual's fingerprints or criminal records. 
California Constitution Article I:7(b) states: "A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens. Privileges or immunities granted by the Legislature may be altered or revoked."  Not only is a Registered Nurse a citizen, but also a Consumer. This use of Code 2708.1 singles a 'class of citizen' - consumer out as requiring fingerprints and criminal record exams and fails to protect the 'R.N class of consumer' from the time, quality, education, application of knowledge and problem solving to the benefit of patient care, rewards from applying education and knowledge as a service.
2) Get my R.N returned without fingerprints or criminal exams.

     I started this goal by writing an Appeal (not allowed in the demands of 1419) via "Customer Service Evaluation Form-08/12/09" with attached letter to BRN describing much of what I have already said plus a little more emotion because now it's 12 days since my last paycheck; and I put my Unemployment Insurance (UI) Application into the works on 08/09/09 and knew from friend's experience, I would be lucky to hear anything before 09/15/09! There was no response to the Service Evaluation from BRN; but that's OK. I reasoned, when one out of several thousands R.N.'s complain - it is unusual. Actually, after another ICU-RN,BSN, at the BRN Office reported she had complained regarding privacy. Then the Clerk admitted there were several complaints about 1491. This 12 yr. experienced Intensive Care Nurse working a small rural hospital in northern part of State, was told she would not be allowed to continue employment if she did not comply to the 1419 demand.  

           On July 15, 2009, 6 of 7 Board members were replaced and the video of the new members swearing in with the Governor was on his website. The wording changed in the BRN's enforcement of 1419, but not the requirements.  I also published on the 'little corner' of my Profile in Face Book, exactly what happened as it happened throughout most of the events.

           On 9/18, I was interviewed by UI contact and told of my weekly amount due and that she would authorize to "cut a check. But wasn't sure if it would go though." She didn't say more. On 9/29, I went to the UI because more than 14 days had passed and no UI check. By phone call, I found that I had been 'Disqualified' from UI benefits by the BRN. I had post-dated my mortgage check for 9/30/09 which I called to cancel.  I made a new Application for UI from a previous RN visiting nurse organization when there was no question about the issue of my RN License Renewal. There had been no contact in writing from Unemployment Insurance 8/16 award letter to 10/18/09 appeal letter.  On 10/15, I was informed by a Mrs. Wilson, of UI, that I may not make a new employment application until the 'disqualified' was removed from the old application (retroactive Regulation!?). She also made some comments about due dates, stop dates that made no more sense than the question: "Did you earn more than $1350 for the week June 27 - July 31?". That question turn-out to be OK to ask, to dis-allow the new application I could not make. Nothing else made much sense either, but she just said "Those are the rules.".   I sent in the Appeal from 8/8/09 as well as the appeal from 10/15 on two of the UI forms for same. On the first of November, I was informed by my loan modification company that my loan modification was Discontinued for no payment 9/15. That the loan would revert back to the old loan requirements. I have not be able to make a mortgage payment since 9/15 on the first mortgage. Around the middle of November, I was informed my UI Appeal in Los Angeles, was redirected back to San Diego. Upon calling San Diego, informed they wouldn't call me until around late January 2010.  No unemployment insurance from 08/09/09 to 01/28/10. Then Mrs. Wilson changed date to 11/1 which I have yet to hear whether that means UI gets out of Aug. 9 to Oct.31. Also, UI Department has taken over 'discipline by the Board' from the Board of Registered Nursing in supporting the Board's determination that I am 'disqualified as unemployed' because my license is renewed properly, but I have refused the above 'Demands' a.k.a.1419. The BRN (hear-say) also feels financial problems is not their fault. That my decision to refuse submission to the demands of 1491 has the outcome of no unemployment insurance and the resulting financial problems; although there is no location for a specific, written "..refusing finger...& record.. will be disciplined by the Board.." - not another CA Department. 

          Another goal must be added because what was the unemployment insurance awarded me as of 08/09, would have helped first and second mortgages was not to be; and has put my home into the thirty-five days before foreclosure. Upon setting up this article on "Registered Nurse License Renewal, The U.S. and State Constitutions, and The Board of Registered Nursing", I have looked up the Codes the Board used to Justify the fingerprints and criminal records exams.  The Codes are attached at the bottom of this article: Business and Professions Codes: Section 2708.1, 2715, 2761(a)(4), 2761(f), 2811. Penal Code 11105(b)(10).  As you may see, not one of these Codes has anything to do with my R.N. License seizure or my security as a person. 

                        So I leave you here.  No more can be said. Not nothing more can be done by me.

                        Catherine E. West, BSN

                                      BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

                                     TITLE 16. PROFESSIONAL AND VOCATIONAL REGULATIONS
                                              DIVISION 14. BOARD OF REGISTERED NURSING

ARTICLE 2. REGISTRATION AND EXAMINATIONThis database is current through 12/18/09 Register 2009, No. 51

§ 1419. Renewal of License.

(a) A renewal application shall be on the form provided by the board, accompanied by the fee specified in Section 1417(a)(3) and required information and filed with the board at its office in Sacramento.
(b) For a license that expires on or after March 1, 2009, as a condition of renewal, an applicant for renewal not previously fingerprinted by the board, or for whom a record of the submission of fingerprints no longer exists, is required to furnish to the Department of Justice, as directed by the board, a full set of fingerprints for the purpose of conducting a criminal history record check and to undergo a state and federal level criminal offender record information search conducted through the Department of Justice. Failure to submit a full set of fingerprints to the Department of Justice on or before the date required for renewal of a license is grounds for discipline by the board. It shall be certified on the renewal form whether the fingerprints have been submitted. This requirement is waived if the license is renewed in an inactive status, or the licensee is actively serving in the military outside the country.
(c) As a condition of renewal, an applicant for renewal shall disclose on the renewal form whether, since he or she last renewed his or her license, he or she has been convicted of any violation of the law in this or any other state, the United States or its territories, military court, or other country, omitting traffic infractions under $300 not involving alcohol, dangerous drugs, or a controlled substance.
(d) As a condition of renewal, an applicant for renewal shall disclose on the renewal form whether, since he or she last renewed his or her license, he or she has had a license disciplined by a government agency or other disciplinary body. Discipline includes, but is not limited to, suspension, revocation, voluntary surrender, probation, reprimand, or any other restriction on a license held.

(e) Failure to provide all of the information required by this section renders any application for renewal incomplete and not eligible for renewal.

Note: Authority cited: Sections 2708.1, 2715, 2761(a)(4) and 2761(f), Business and Professions Code. Reference: Sections 2715, 2761(f), 2765 and 2811, Business and Professions Code; and Section 11105(b)(10), Penal Code.  COPIES ATTACHED

 HISTORY    1. New section filed 9-27-85; effective thirtieth day thereafter (Register 85,
No. 39). For history of former Section 1419, see Registers 64, No. 3, and
27, No. 5.

2. Amendment filed 2-1-96; operative 3-2-96 (Register 96, No. 5).

3. Amendment of section and Note filed 11-24-2008 as an emergency; operative
11-24-2008 (Register 2008, No. 48). A Certificate of Compliance must be
transmitted to OAL by 5-26-2009 or emergency language will be repealed by
operation of law on the following day.

4. Certificate of Compliance as to 11-24-2008 order, including further
amendment of section and Note, transmitted to OAL 4-29-2009 and filed 6-2-2009
(Register 2009, No. 23).

5. Editorial correction of subsection (b) (Register 2009, No. 25).

16 CCR § 1419, 16 Search Term BeginCA ADC § 1419 Search Term End
1CAC

16 Search Term BeginCA ADC § 1419 Search Term End

END OF DOCUMENT

 Term 
© 2010 Thomson Reuters/West. No Claim to Orig. U.S. Govt. Works.
Adobe Reader is required to view PDF images.
 

2708.1. Protection of the public shall be the highest priority for

the Board of Registered Nursing in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.

2715.  The board shall prosecute all persons guilty of violating the
provisions of this chapter.
   Except as provided by Section 159.5, the board, in accordance with
the provisions of the Civil Service Law, may employ such personnel
as it deems necessary to carry into effect the provisions of this
chapter.
   The board shall have and use a seal bearing the name "Board of
Registered Nursing." The board may adopt, amend, or repeal, in
accordance with the provisions of Chapter 4.5 (commencing with
Section 11371), Part 1, Division 3, Title 2 of the Government Code,
such rules and regulations as may be reasonably necessary to enable
it to carry into effect the provisions of this chapter.


2761.  The board may take disciplinary action against a certified or












licensed nurse or deny an application for a certificate or license
for any of the following:
   (a) Unprofessional conduct, which includes, but is not limited to,
the following:
   (1) Incompetence, or gross negligence in carrying out usual
certified or licensed nursing functions.
   (2) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000), in which event
the record of conviction shall be conclusive evidence thereof.
   (3) The use of advertising relating to nursing which violates
Section 17500.
   (4) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action against a health care professional
license or certificate by another state or territory of the United
States, by any other government agency, or by another California
health care professional licensing board. A certified copy of the
decision or judgment shall be conclusive evidence of that action.










         (f) Conviction of a felony or of any offense substantially related

to the qualifications, functions, and duties of a registered nurse,
in which event the record of the conviction shall be conclusive
evidence thereof.   

2765.  A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions and duties of a registered nurse is deemed
to be a conviction within the meaning of this article. The board may
order the license or certificate suspended or revoked, or may decline
to issue a license or certificate, when the time for appeal has
elapsed, or the judgment of conviction has been affirmed on appeal or
when an order granting probation is made suspending the imposition
of sentence, irrespective of a subsequent order under the provisions
of Section 1203.4 of the Penal Code allowing such person to withdraw
his or her plea of guilty and to enter a plea of not guilty, or
setting aside the verdict of guilty, or dismissing the accusation,
information or indictment.












2811.  (a) Each person holding a regular renewable license under
this chapter, whether in an active or inactive status, shall apply
for a renewal of his license and pay the biennial renewal fee
required by this chapter each two years on or before the last day of
the month following the month in which his birthday occurs, beginning
with the second birthday following the date on which the license was
issued, whereupon the board shall renew the license.
   (b) Each such license not renewed in accordance with this section
shall expire but may within a period of eight years thereafter be
reinstated upon payment of the biennial renewal fee and penalty fee
required by this chapter and upon submission of such proof of the
applicant's qualifications as may be required by the board, except
that during such eight-year period no examination shall be required
as a condition for the reinstatement of any such expired license
which has lapsed solely by reason of nonpayment of the renewal fee.
After the expiration of such eight-year period the board may require
as a condition of reinstatement that the applicant pass such
examination as it deems necessary to determine his present fitness to
resume the practice of professional nursing.
   (c) A license in an inactive status may be restored to an active
status if the licensee meets the continuing education standards of
Section 2811.5.
California Penal Code

11105.  (a) (1) The Department of Justice shall maintain state







summary criminal history information.
   (2) As used in this section:
   (A) "State summary criminal history information" means the master
record of information compiled by the Attorney General pertaining to
the identification and criminal history of any person, such as name,
date of birth, physical description, fingerprints, photographs, date
of arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
   (B) "State summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
the Attorney General, nor does it refer to records of complaints to
or investigations conducted by, or records of intelligence
information or security procedures of, the office of the Attorney
General and the Department of Justice.
   (b) The Attorney General shall furnish state summary criminal
history information to any of the following, if needed in the course
of their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local government,
a public utility, or any other entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:
   (1) The courts of the state.
   (2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
(a) of Section 830.31.
   (3) District attorneys of the state.
   (4) Prosecuting city attorneys of any city within the state.
   (5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section 3479
or 3480 of the Civil Code, or Section 11571 of the Health and Safety
Code.
   (6) Probation officers of the state.
   (7) Parole officers of the state.
   (8) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
   (9) A public defender or attorney of record when representing a
person in a criminal case, or parole revocation or revocation
extension proceeding, and if authorized access by statutory or
decisional law.
   (10) Any agency, officer, or official of the state if the criminal
history information is required to implement a statute or regulation
that expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information,
and contains requirements or exclusions, or both, expressly based
upon that specified criminal conduct. The agency, officer, or
official of the state authorized by this paragraph to receive state
summary criminal history information may also transmit fingerprint
images and related information to the Department of Justice to be
transmitted to the Federal Bureau of Investigation.