DCA CONSUMER PROTECTION

Updated: 1/21/10

CONSUMER PROTECTION ENFORCEMENT INITIATIVE

“A Systematic Solution to a Systemic Problem”

The Department of Consumer Affairs (DCA) is the umbrella agency that oversees 19 healing arts

boards that protect and serve California consumers. The healing arts boards regulate a variety of

professions from doctors and nurses to physical therapists and optometrists. These licensees are

some of the best in the country and provide excellent care to Californians on a daily basis.

However, when a licensee violates the laws that govern his or her profession, enforcement action

must be taken to protect the public.

In recent years some of DCA’s healing arts boards have been unable to investigate and prosecute

consumer complaints in a timely manner. In fact, some boards take an average of three years to

investigate and prosecute these cases; this is an unacceptable timeframe that could put consumers’

safety at risk.

DCA reviewed the existing enforcement process and found systemic problems that limit the boards’

abilities to investigate and act on these cases in a timely manner. These problems range from legal

and procedural challenges to inadequate resources. In response, DCA launched the Consumer

Protection Enforcement Initiative (CPEI) to overhaul the enforcement process at the healing arts

boards. The CPEI is a systematic approach designed to address three specific areas:

• Administrative Improvements

• Staffing and IT Resources

• Legislative Changes

Once fully implemented, DCA expects the healing arts boards to reduce the average enforcement

completion timeline from 36 months to between 12 and 18 months. DEPARTMENT OF CONSUMER AFFAIRS 2

Consumer Protection Enforcement Initiative

I. Administrative Improvements

During the review of the enforcement process, DCA worked with the boards to identify areas that

could be improved administratively to better coordinate broad enforcement objectives, improve the

services provided to the healing arts boards, and establish streamlined enforcement processes and

procedures that can be used by all boards. The following are some of the efforts that emerged from

those discussions:

“365 Project”

DCA’s Division of Investigation (DOI) embarked on a project in 2009 to strategically focus on cases

that were one year or older. DOI worked closely with boards to identify the cases upon which they

should focus their resources. This project has produced impressive results, and in 2009 the DOI

closed 50% more cases than the comparable period in 2008.

Delegation of Subpoena Authority

One of the initial administrative changes implemented by DCA was delegating subpoena authority to

each executive officer as a tool to gather evidence and interview witnesses. DCA’s Legal Office

conducted subpoena training for board staff, and this authority has started being exercised by

boards. We expect to see increased use of subpoenas as a result of this change, and boards will be

able to pursue cases that they otherwise would not have pursued.

Process Improvement

DCA and the boards are working to identify best practices for a number of enforcement processes

and procedures, such as complaint intake, handling of anonymous complaints, vote by email

protocols, and adjudication procedures. This effort will take advantage of the most effective

practices utilized by the various boards, and entities in other states, and will ultimately shave time off

all aspects of the enforcement process.

Enforcement Academy

DCA’s Strategic Organization, Leadership, & Individual Development Division is developing

enhanced training programs for enforcement staff. The enforcement academy will teach

investigators and other enforcement staff key skills used in complaint intake, investigation

procedures, case management, database use, and other areas. Never before has DCA offered

such a comprehensive enforcement training program. An initial training was offered in November

2009, and the full enforcement academy will begin its regular cycle in April 2010.

Deputy Director for Enforcement and Compliance

DCA established an executive level position that reports to the Director and is responsible for

regularly examining each board’s enforcement program to monitor enforcement performance and

compliance with all applicable requirements. This position monitors performance measures so that

boards’ enforcement programs can be continuously assessed for improvement.

Performance Expectations with Other Agencies

DCA has been working with the Attorney General’s Office and the Office of Administrative Hearings

(OAH) to establish performance agreements that will expedite the prosecution of cases. DCA and

the AG’s Office are developing expectations for filing accusations, setting settlement conferences,

and filing continuance requests. Further, DCA is working with OAH to establish timelines for setting

cases for hearings, which, once implemented, could reduce a case timeline by months. DEPARTMENT OF CONSUMER AFFAIRS 3

Consumer Protection Enforcement Initiative

II. Enhancing Enforcement Resources

There are 36 licensing entities under the DCA (of which are 19 healing arts boards) and, with a few

exceptions, all of these programs share the resources of the Department, from Division of

Investigations (DOI), to Personnel to IT Support. While the healing arts boards fall under the

umbrella of DCA they are separate semi-autonomous groups overseen by board members

appointed by the Governor and the Legislature. Additionally, all of the licensing entities under DCA

are special fund agencies funded exclusively through fees collected through licensees with no

general fund support.

Enforcement Staff

DCA’s review of the enforcement process identified a need for more focused staff resources in the

areas of investigations and complaint intake. The majority of DCA’s licensing entities share the

resources of DCA’s overburdened DOI. Annually, DOI’s 48 investigative staff members receive over

1,300 cases, in topics ranging from nurses to repossessors to smog check stations. Having so

many investigations performed by DOI has resulted in a number of problems, including loss of

control over the investigation by the boards, a lack of investigators with expertise in specific

licensing areas, and excessive caseloads. These problems have led to excessive turn-around times

and growing backlogs. Through the 365 Project, the DOI has worked with boards to reduce the

case backlog, but the current structure has revealed a need for more significant changes.

In order to increase accountability in the investigative process, DCA is working to provide boards

with the authority to hire non-sworn investigators to be housed within each board. This will enhance

boards’ control over investigations, allow for more appropriate workload distribution, and enable

investigators to develop expertise. Additionally, to coincide with process improvement efforts, some

boards will increase complaint intake staff. DCA is seeking a total of approximately 140 new

enforcement positions (full year equivalent) across all healing arts boards. The vast majority of

these positions are investigators and investigative supervisors, and the remainder is mostly

complaint intake staff. In addition to increasing staffing, DCA will ensure that staff are properly

trained, monitored, and assessed so that cases are expedited as quickly as possible.

Because DCA’s boards are special fund agencies, new positions will not place a drain on the

General Fund and boards will pay for new staff with existing resources or with fee increases where

necessary. The number of positions requested is a result of an individual assessment of each

board, and assumes workload savings associated with DCA’s current process improvement efforts.

The Governor’s Budget includes the initial phase-in of these positions beginning July 2010.

Create a New Licensing and Enforcement Database

DCA’s current licensing and enforcement database systems are antiquated and impede the boards’

ability to meet their program goals and objectives. Over the past 25 years, these systems have

been updated and expanded, but system design and documentation have deteriorated to such an

extent that it has left the systems unstable and difficult to maintain. These systems have inadequate

performance measurement, data quality errors, an inability to quickly adapt to changing laws and

regulations, and a lack of available public self-service options. The CPEI relies on advanced

workflow capabilities and cross-entity external system communications that the aging system’s

technology cannot provide. DEPARTMENT OF CONSUMER AFFAIRS 4

Consumer Protection Enforcement Initiative

The implementation of a replacement system is needed to support enforcement monitoring,

automate manual processes, streamline processes, and integrate information about licensees. DCA

intends to procure a Modifiable Commercial Off-The-Shelf (or “MOTS”) enterprise licensing and

enforcement case management system. DCA’s research has shown various MOTS licensing and

enforcement systems exist that can provide intelligent case management to reduce enforcement

and licensing turnaround times, detailed performance measurements, increased data quality,

advanced configurability, and robust web presences for public self-service.

The Governor’s Budget authorizes DCA to redirect existing funds to begin implementation of this

system in FY 2010-11.

DEPARTMENT OF CONSUMER AFFAIRS 5

Consumer Protection Enforcement Initiative

III. Statutory Changes: Putting Consumers First

Each board within DCA has a statutory mandate to hold consumer protection as its paramount

objective. Over the years, boards’ enforcement authorities have been slow to keep up with legal

trends and changes in the professions regulated, and due process protections have grown to protect

licensees above consumers. DCA believes that now is the time to re-align consumer protection

laws so that they place public protection first. In 2010, the DCA will pursue legislation to help boards

carry out their critical missions of protecting consumers.

Increased Suspension Authority

One of the most important roles that professional licensing boards do to protect consumers is

preventing potentially dangerous individuals from practicing. The CPEI would strengthen the

boards’ ability to do this in a number of ways, including authorizing the DCA Director to issue an

order for a licensee to cease practice or restrict practice, upon the request of a board executive

officer. This authority is necessary in the most egregious cases because the standard enforcement

process can take a year to complete, at best, and even the expedited process in existing law

(interim suspension order) can take months to complete. This proposal would also seek the

statutory authority to revoke or deny a license to an individual for acts of sexual misconduct with a

patient or conviction as a felony sex offender. Additionally, the CPEI would provide for the

automatic suspension of convicted felons for the duration of their sentence.

Increased Access to Critical Information

The CPEI would make improvements to the information that boards receive, so they can investigate

possible violations of law. Specifically, it would prohibit the use of a gag clause in a civil settlement

that would prohibit consumers or their legal counsel from filing a complaint with the appropriate

board. Regulatory gag clauses are explicitly prohibited in legal malpractice settlements and there

have been numerous court decisions that describe a compelling public interest in voiding regulatory

gag clauses in other professions. The Center for Public Interest Law notes that the inclusion of gag

clauses is an alarmingly pervasive practice that thwarts the ability of boards to carry out their

consumer protection mission. The CPEI would also require court officials to report to the healing

arts boards convictions and felony charges filed against the boards’ licensees, and expand reporting

by employers and supervisors regarding individuals who were suspended or terminated for cause.

Adequate access to medical records can shave months off the process to investigate a licensee.

Medical records are used by healing arts boards’ to determine whether a licensee caused harmed to

a patient. Any delay in an investigation of a licensee may result in a potentially dangerous licensee

continuing to practice. Thus, it is essential that healing arts boards have quick access to medical

records. The CPEI gives all of the healing arts boards the authority to inspect and copy, as

applicable, any documents and records relevant to an investigation. In cases where a licensee fails

to cooperate with an investigation, the CPEI provides boards with additional authorities to ensure

compliance.

Enforcement Process Efficiencies

DCA proposes to remove unnecessary workload and costs from the enforcement process. This can

be done by streamlining the appeal process for citations, permitting boards to contract with

collection agencies to retrieve unpaid fines and fees, authorizing executive officers to sign default

decisions and certain stipulated settlements, and allowing licensees to agree to stipulated

settlements before a formal accusation is filed. These are relatively small changes that could result

in significant workload savings.

DEPARTMENT OF CONSUMER AFFAIRS 6

Consumer Protection Enforcement Initiative

Efficiency and accountability will also be improved by establishing a deadline for the Department of

Justice (DOJ) to notify healing arts boards of arrests and convictions of licensees, which would

greatly improve the board’s ability to pursue cases in a timely manner. Additionally, it requires DOJ

to serve accusations, default decisions and set hearing dates within a specified period of time.

Licensing Fees

Lastly, DCA is seeking to tie the maximum licensing fee amounts to the Consumer Price Index to

keep up with inflation and ensure the boards have the resources to adequately run their

enforcement programs.

The Christmas Tree - animated Flash ecard by Jacquie Lawson

The Christmas Tree - animated Flash ecard by Jacquie Lawson

This is from my family friends in Michigan!

I hope it works because I want to share it with everyone!

Happy Birthday to Jesus Christ, our Savior and constant, patient, active, 24/7, Son of God from, Every Single American from the Mayflower to those who love 'Freedom' now and, yet to be born, where-ever every "We the People" travel to in the Universe He Created!

---May all Americans continue learn that our Nation, is in "Clear and Present Danger", under attack from a few of 'another kind of American'.

--- That 'another kind of American', will realize their Birth-Right and Duty to this Nation. For, to continue support this, elected Administration and not-elected "Center for American Progress", is Agreement to Removing both The Declaration of Independence and The Constitution of the United States as the source of the Rule of Law; replacing Both Documents with "Social Justice" law by 'a few humankind';

--- denies God and Jesus assist to 58 founders and Colonists work to Create a Nation of 'Justice by Law'

---Removes 'Another Kind of American's' life, liberty, and pursuit of Happiness; as well as the majority of Americans who spoke, quite loudly, in the last election.

HAPPY NEW YEAR to Everyone...

- to Work in 2011 -- to REMOVE these Oppugnatious--malicious-- "no Universal Truth" -- self definers of 'Newspeak':-for Legislation as separated as possible from Congress; - for carefully selecting / censorship/ filtering of all information from kindergarten through College & media, newspapers.

Then, get rid of the rest - including the Progressive Republicans - in 2012!!!

Cathy

"Don't Ask - Don't Tell" repeal; with a Thank you to Senator McCains...

John McCain at his fieriest before 'don't ask, don't tell' vote**

GALLERY

The history of 'don't ask, don't tell'

After the House voted to repeal the policy, the Senate took on the issue and also voted to lift the 17-year-old ban on gays in the military.

» LAUNCH PHOTO GALLERY

Network News XPROFILE View More Activity INTERACTIVE: 'DON'T ASK, DON'T TELL' View a timeline of the policy that bans gays and lesbians from serving openly in the military. TOOLBOX  Resize Print E-mail Yahoo! Buzz Reprints   COMMENT  781 Comments  |  View All »  POST A COMMENT Your washingtonpost.com User ID,cewest246, will be displayed with your comment.  Discussion Policy

By Dana Milbank

Saturday, December 18, 2010; 5:48 PM


Comment to this article in WP:
"Don't ask, Don't Tell" repealed. Sen. McCain and Constitutional Principles:

Sen. McCain is correct in his anger. This Constitutional-Teapartier-Republican, Thanks him very much - for continued supporting 'We the People's against Obama's repeated violations of  Amendment XIV in favor of his infamous 'rights of the special group' this time named homosexual. Just to review, other names include: Union anything-anywhere,  Chrysler, Illegal college student, illegal alien of any description - key name 'illegal', the "egregious" wealthy, private business that earns $251,000; etc.
     Naturally, Sen. Lieberman and all accompanying cohorts including the "Pentagon Study" [what did they expect a soldier to answer!!!]; ignorance of the principles our Constitution is written to support.

Isn't "The Number's            Game" great!! You get to say anything you want too - no 'Religion, Morality,  history - no respect or regard for personal choice or privacy; and all for one, small, set of people who make their own, individual choices regarding life's values in personal relationships; for 100% of All Servicemen and women in the United States of America! And a regulation at that!
     Of course, this "Social Justice" of the Obama-types; continues to ignore
 Principles of the constitution" as follows: "(1) It may be contrary to a right guaranteed under the Constitution.
 (2) It may not be based on one of the powers delegated to the government under the Constitution.
(8) It may have been intended to be applied selectively, or have come to be applied selectively, in violation of the equal protection provision of the Constitution that all laws must be applied uniformly."

     Also, of course, the Senate, like the house may be noticing the absence of Oath of Office of Obama-Socialists; along with unConstitutional applications: "- An unconstitutional statute is not a law, no matter how vigorously it may be enforced. Enforcement does not make what is enforced the law. What is enforced is a regime. In a constitutional republic, the law and the regime should coincide. If they do not, the regime is not law but anti-law."

    Sec. Gates And Sen. Lieberman are being side-blinded, through the same #13 Alinsky tactic of freeze. Like many  elected members of Congress, both our founding documents are given lip-service - except by anyone attached to this President. Mr. Obama doesn't care about principle - just 'is the means correct for wind direction. Or allowing personal choice for the few, going to rule over the, since its the military - the 'Code of Conduct', 100% of all service-individuals - who shall receive the dictates of "Provides for repeal of the current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces, to be effective 60 days after the Secretary of Defense has received DOD's comprehensive review on the implementation of such repeal, and the President, Secretary, and Chairman of the Joint Chiefs of Staff (JCS) certify..."!  

Sen. McCain thank you for your anger - too bad the bunch of Senators allow blindness for our founding documents to rule over the importance of occupying desks in the Senate chamber.
Thank you, and

PS this Patriot is as angry as you are, Sen, McCain!

**Below are other areas of constitutional principles that are or probable anti-law / unConstitutional'
This is available from www.constitution.org by Jon Roland and several hundred others...:

- Persons do, however, have the power, and can delegate the power, to disable, or partially restrict, the exercise of those rights by some individual persons when their exercise would conflict with the exercise of the rights of other persons, to strike a balance among the exercise of their rights by all persons.

A republic or other democracy is nonconstitutional if any legislative act supersedes any conflicting act that precedes it, including any act or unwritten principle which may be called a “constitution

- Only individual persons or corporate “persons” which are composed of individual persons may be the subject of legal process. Inanimate objects and living objects not capable of conducting their own defense in a court of law may not be parties to an action at law.

- Defense of the state and the constitution includes defense against threats of all kinds, including invasion or attack, insurrection, criminal acts, natural or manmade disasters, or public ignorance or apathy.

- In a constitutional republic, the constitution is the supreme law, superior to all other public acts, whether by officials or private citizens. Any statute, regulation, executive order, or court ruling which is inconsistent with that supreme law and not derived from it is unconstitutional and null and void from inception.

There are several ways in which statutes or other official acts may be unconstitutional:

Why would the repeal of a military individual's silence regarding sexual preference be a 'Religious and Morality" act or Unonstitutional?

(1) It may be contrary to a right guaranteed under the Constitution.

(2) It may not be based on one of the powers delegated to the government under the Constitution.

(8) It may have been intended to be applied selectively, or have come to be applied selectively, in violation of the equal protection provision of the Constitution that all laws must be applied uniformly.

- An unconstitutional statute is not a law, no matter how vigorously it may be enforced. Enforcement does not make what is enforced the law. What is enforced is a regime. In a constitutional republic, the law and the regime should coincide. If they do not, the regime is not law but anti-law.

- Whenever any person is confronted with a situation in which two or more official acts are in conflict, he has the duty to know which is the superior one, and to obey or help enforce the superior one, which, if one of them is the constitution, means to obey or help enforce the constitution. This duty cannot be delegated to another person: not to a superior, a court, or a legal advisor. It is not a defense that one was ignorant of the law or just doing one’s job or following orders. This is sometimes called the Principle of Nuremberg.

The judgement of the consistency of an official act with the constitution is called constitutional review. When this duty is performed by a judge, it is called judicial review. It is not a power of government but the exercise of a duty of citizenship.

- Any act performed by an agent of government which is unconstitutional is illegal, and while performing that act the person ceases to be an agent of government or to have any official status, regardless of what trappings of office or color of law he may project. It is also almost certainly a deprivation of the civil rights of someone, and therefore also a violation of one or more of the constitutional criminal laws against doing so.

- Any act performed by an agent of government which is unconstitutional is illegal, and while performing that act the person ceases to be an agent of government or to have any official status, regardless of what trappings of office or color of law he may project. It is also almost certainly a deprivation of the civil rights of someone, and therefore also a violation of one or more of the constitutional criminal laws against doing so.

- Any act performed by an agent of government which is unconstitutional is illegal, and while performing that act the person ceases to be an agent of government or to have any official status, regardless of what trappings of office or color of law he may project. It is also almost certainly a deprivation of the civil rights of someone, and therefore also a violation of one or more of the constitutional criminal laws against doing so.

- Statutes passed with the intent that they not be enforced uniformly, but at the discretion of law enforcement agents, are unconstitutional. They violate the Constitutional requirement for equal protection of the laws, and constitute an unconstitutional delegation of legislative authority to executive officials.

- The natural and civil rights identified in the first eight amendments to the Constitution apply to all levels and branches of government, and, indeed, to all governments of persons everywhere, in all nations and times. They do not establish such rights, which precede the Constitution, but only recognize them. They are not just restrictions on the Congress of the United States, but on all governments everywhere.

TO: Representatives who are scared by 'The tyranny of the majority'..!

QUIT = Rather than fight these Despotic Rulers: To support this unlawful Administration is to support the disrespect to not only the Constitution; but also, every single American vote on 11/02/2010! Liberal Socialists do not need your help! They are doing just fine destroying USA all by themselves!


The rulers of tyranny, darkness without 'Religion and Morality", who shall 'USE' your elected seat in the Legislative Branch; decreased understanding of principle; to advance the Socialist-Alinsky production of disregard for person, property, law. This group of self-interest, censors of fact and absent of history; who cannot reach-up to touch the bottom of dirt; compared to any one founder; Administration of unConstitutional bias, deserves to be 100% Accountable for the irresponsibility of their own spending, Laws, and Regulations -- against their Oaths of Office -- and against Citizens of the United States of America!

Congress-members, you are being 'USED'  like a puppet by this President. He can pull your strings - at will because you are susceptible to numbers, groups, and Do$$ar-signs; before Principles of the Individual this country was founded upon. What is going on in Washington, D.C., is not about politics!


President Obama gets to deliver his instruction on How to Apply 'Handbook for Liberals' to this Congress via "9. "The threat is usually more terrifying than the thing itself."  It is very hard for Congress-members to realize but had Obama allowed, Midnight 12/31/10, without regard to the Protection of 'We the People' the Bush act provided  to - 100% of Americans, regardless of income; the President could never again, write any Act, Bill, Amendment; or maintained his "PPAA" because of "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty,or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. ..".   The threat was as much about the 'Civil War's Amendment XIV; as it was about money both as 'earmark/pork barrels' and as funding for the unConstitutional "PPAA"; not to mention punishing "Inheritance, the most [egregious part of being wealthy]!"!   


While not understanding how to support the Constitution is usual and customary -- just like never mentioning the 'C' word, its articles, or even its amendments in committees or on the floor of Congress; if our elected Congress-members cannot follow through with   Justice Scalia to Address Conservative Constitutional Seminar; at least one avenue for learning will be lost. There are other avenues which can teach how to support the Constitution:  www.constitution.org by Jon Roland or www.teachconstitution.org by Joseph Andrews, to name two.  And Don't forget to Listen To "We the People" like Judge Napolitano, Glenn Beck with his Researchers, Jon Roland; but a little puzzled by Ron Paul's support of Obama, with reason stated on Fox. Mr. Roland has a list of both pro and anti-Constitution individuals, as well as the largest library of information regarding all aspects of both documents with their principles in God as well as attorney's who may or may not utilize principle v. sentence structure or "instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed"(Thomas Jefferson, 1823).   For now Congress-members, unless you start thinking about principles before money, numbers, political expediency; you shall continue to assist this Extreme, 'upside,down-downside, up-and inside,out', unlawful, left, Socialist group. 


Obama still has-his admiration and use of Saul Alinsky, to chase Congress into confusion:  8. "Keep the pressure on, with different tactics and actions, and utilize all events of the period for your purpose." 11. "If you push a negative hard and deep enough, it will break through into its counterside... every positive has its negative." [You have to remember to think countrawise; ie a liberal's definition of 'positive' - not the conventional definition of the word!]  13. Pick the target, freeze it, personalize it, and polarize it. In conflict tactics there are certain rules that [should be regarded] as universalities. One is that the opposition must be singled out as the target and 'frozen.'...  This is actually a tactic, Mr. Obama is using, with his AG, defining of Social Justice as Law by freezing in the United States District Courts: his 'legitimacy for office'*1; Arizona's Illegal Immigration Law; and now "Patient protection and affordable act --  PPAA is much better name].  


Here is another fact for our Legislative Branch of Government; a Judge in District Court finds in behalf of 'We the People' - against 'PPAA' the Executive Branch's showpiece of government takeover of industry; but Congress has not taken one action to stop $$$flow, regulation implementation, formation of bureaus, fining resources, or any part of College Loan Program usurpation.  An egregious example of absence of responsibility for supporting our nation's supreme Law of the Land-if one part is wrong, the entire Law is wrong!  'PPAA' Must Be On Hold for funding, implementation, formation of commissions-departments-bureaus at the Executive End  of the '8 story tall Transformer- absent mind - machine' that it represents.  


Elected individuals do not appear aware; that  planning and implementing must go on...as if PPAA Shall be in Place; because of already in place medicare/caid law and regulations; "America's Healthy Act HR1309; did start long before summer of 2009! That is the nature and integrity of Medicine via the "Hippocratic Oath". Regardless of 'PPAA's' outcome; it must act as if PPAA is in fact the Truth of patient Care, if only because planning must account - in real time -  person as physician, and person as professional support, and person as supplier, and person as designer-risk management circles, and person as JCAH - JCAHO; in psych, school nurse, clinics!  Or if you change 100% of medicine; then it Must Start Before any Legislative approval - simply because of the imperative of safe practice as well as quality of life, liberty, and happiness for each patient and every individual attached to the patient!!  That is why...It must be stopped... -Now... What ever loss involved, has to be taken; although it is hard to believe that 6% of GNP + 100% of College Loans -- Stopped, would not relieve much of the debt!

As Congress-woman Bachmann mentioned, in a PJTV interview, that there were "complications in the way the PPAA law was written preventing Repeal" - is another example of not supporting "..This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all Treaties made, or which shall be made,under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

PPAA is Not the Truth of Medical Care for individual's regardless of income; nor does it belong at the Federal Government Level - under any circumstance- well demonstrated, since its inception, this demonstrates zero Accountability from the Federal Level of the 48 year old Program. All it has proved is that 1) Any government program Shall Increase in Cost without any method for government to accept responsibility for failure; that Any and All Private Business has Intrinsic to a Free Market: An owner has a right to fail -- as well as succeed. And Government is Not Private; government uses - uses up, like the huge bulldozers, someone else's property as money - as well as forcing conformity to bend its citizens to their knees, in deference to its definition of impartiality with denial of fact.  2) No government can manage anything with 80 cent or less, $1.00 dollars .... [the market] must produce the 20 cent difference; because Only 100 cent dollars are acceptable no matter the time, location, type, distance, size, resource or anything else that goes into the, in this case, medicine! 3) #1 and #2, are the reason that Article I:8 enumeration of powers was written. 4) No Government / Group of Human Nature who are not angels, here or abroad, will ever be capable of determining the "opportunities-threats-strengths-weaknesses" which make up a 5-year strategic plan that is mandatory for business. Nor should any government anywhere on earth, be involved in this enter-prize design, which originates in The Bible, and carried on by 58 men, who did understand governing well beyond anyone walking this Globe in 2011:  Do you see the "Religion and Morality" or lack of it, in numbers1 to 4? Those of US(A) who are doing the 'Learning and Teaching' of both documents, with original texts using classical learning methods of the founders, simply read and learn -- encourage every American to join-in -- for one of the most beautiful and fulfilling journeys into history, you will ever be privileged to take!


That 100 cent dollars for health at the State level would be more accurate, closer to 'We the People's Vote' to control and would serve those who need assist, much  better in quality as well as spending.  But still not as flexible or open to strategic planning as private sector; including rags to riches! 


The reason lies in the essential difference between: a Republic of Individual (individual as business) decisions with a free market and small government especially at Federal Level per every one of the founders, with Justice in Law;  versus the Obama-Soros regime of Social Justice which requires laws for man-defined group - impossible simply because each person - each situation is not a true measure of that category.  For example: support illegal college students with Citizen's  working, privileges and immunities-duties-responsibilities taxpayers, who also may not be able to send their kids to college; but have their money usurpted to the illegal who has arrived, without duty, responsibility, or even understanding, like naturalized citizens do, of the "American Character"[at least,that Act failed!].   


The Birthday of Christ, time of year is fun for the difference between 'Obama and company, and This Constitutional Republic, via pre-liberal Hollywood movies, is contained at the heart of "Miracle on 34th Street" which has excellent scenes with Mr. Macy, in the courtroom with Mr. Guildry - the attorney who gave-up everything to defend Kris Kringle. Don't forget the scene when Mother and boyfriend are disagreeing; as he leaves, he says  "Some things are important because of value!".  The movie is about justice in law with Santa Claus the prop; the same is true of "It's a Wonderful Life"!  And did you know, John Wayne started out in movies, as setting the physical props for westerns. He did it with great understanding that the background of a movie must synchronize with the period of history -- he was an antique-er!

There will be no change on attacking our Constitution until Mr. Obama, with his suction-cup czars in the appointed Executive Branch with all Congress, State, union-closed shop, run Departments and Bureaus leave.  Unfortunately, our young are also, well integrated to Obama as a sacrificial president of socialism [no child through adulthood knows or understands any more than they do a Republic with the 'American Character' it represents], via the public school  and secondary education - with the soon to be added private education to the Executive Branch controlled by Dept. of Ed if final rule "Strengthening Program Integrity" [via oversight's 1. definition: failure to notice something]  - passes.  The existing edu. system including the college age youth, that has never been exposed to the Declaration or Constitution as birth-right and duty - only learn about 'American Character' as servicemen/-women;  and are without any information regarding a Republic of Individuals.  


Obama with his Alinsky Handbook will be part of our nation, most certainly between now and 1/2/2011! "The end is what you want, the means is how you get it. Whenever we think about social change, the question of means and ends arises. The man of action views the issue of means and ends in pragmatic and strategic terms. He has no other problem; he thinks only of his actual resources and the possibilities of various choices of action. He asks of ends only whether they are achievable and worth the cost; of means, only whether they will work. ... The real arena is corrupt and bloody." p.24  --- "An organizer must stir up dissatisfaction and discontent... He must create a mechanism that can drain off the underlying guilt for having accepted the previous situation for so long a time. Out of this mechanism, a new community organization arises....  "The job then is getting the people to move, to act, to participate; in short, to develop and harness the necessary power to effectively conflict with the prevailing patterns and change them. When those prominent in the status quo turn and label you an 'agitator' they are completely correct, for that is, in one word, your function—to agitate to the point of conflict." p.117"

Congress-members it is important for each one of you to Believe in the strength of the Constitution. That it, in fact, represents "Religion and Morality" applied!  Believe in  N. Webster's "American Dictionary.. 1828" definition of Congress and of the absence of that word in Article I:7:1,2. The Strength of the Minority Party is in Zero to 2 - ONLY Signature to prevent 100% of America with even one 'earmark' regardless of cost - because even1/2 of an ear or barrel = Taxation without Representation, since money from 50 States and Territories, is spent for the benefit of One State's definition of Constituent to protect a desk!!!  Dollar amount is completely beside the Principle of Amendment XIV.  State over taxpayer privilege and immunity law!

Obama got his way!  The 14th amendment now reads:  "United States [forget States] shall make and enforce any law to abridge the privileges or immunities of citizens and will deprive persons of life [law and regulation of cash flow as business risk; ownership of private companies and the ability to close down private education, food production, internet, auto production, oit, mining, shipping, etc], liberty ['we the people earn money to work for the Executive Branch of the Federal government by giving more money to government and creating a deficit, impossible to balance - even on the backs of children's children!], and property [no-one can own or use enterprise because of deficits and government regulation]. Due process is not required by this form of United States government - usurpation is much more effective because everyone is so shocked, they don't believe what is happening!


Legislative and Judicial Branches, re-discover the Truth and Power, for every person that the Declaration of Independence and The Constitution of the United States with each one of the 58 founders, created With Divine Intervention!  Learn and Pay Attention.


Thank you, From One of the Millions of Patriots who do know and believe! 




1)  which given his determined abandonment of Constitution as law; as well as, unable to even manage the Declaration that speaks of Nature's God, Creator, and divine Providence -- should be questioned

from FB 1.6.org: Bet he scares a lot of uninformed elected and unelected who have no idea what Both Founding Documents contain

Obama tells lawmakers not passing tax deal could end presidency, Dem says

By Jordan Fabian - 12/15/10 05:33 PM ET

In urging lawmakers to vote for his tax deal, President Obama is using one of his go-to lines from the healthcare debate, according to a Democratic lawmaker. 

  

Obama is telling members of Congress that failure to pass the tax-cut legislation could result in the end of his presidency, Rep. Peter DeFazio (Ore.) said. 

  

"The White House is putting on tremendous pressure, making phone calls, the president is making phone calls saying this is the end of his presidency if he doesn't get this bad deal," he told CNN's Eliot Spitzer. 

But the White House shot back late on Wednesday.

  

"The president hasn’t said anything remotely like that and has never spoken with Mr. DeFazio about the issue," said White House spokesman Tommy Vietor.

  

Obama's push shows that the president is going to the mat in order to push through Congress the compromise brokered with Republicans. 

 During the end of the healthcare debate, Obama reportedly told Democrats upset that the bill did not contain a public healthcare option that not passing it could put his presidency on the line and stall the liberal agenda for decades. 

  

The White House has been aggressively selling the deal, which includes a two-year extension of all the expiring Bush tax cuts in exchange for a 13-month extension of unemployment benefits, to skeptical lawmakers and the public.

  

The Senate passed the $853 billion legislation by an overwhelming 81-19 margin, sending it to the House. 

  

Though House liberals and some conservatives have voiced opposition to the deal, some opponents have conceded that the likelihood of the deal failing at this juncture is very low. 

  

Still, DeFazio has not been sold. 

  

"I don't feel that way — I think this is potentially the end of his possibility of being reelected if he gets this deal," he said. 

  

Updated 7:11 p.m. and 7:52 p.m. Sam Youngman contributed to this story.

COMMENT:

Since Liberals and Socialists cannot manage history, content, Oath of Office to support of The Constitution United States or the Declaration of Independence for each Individual - regardless of the amount number, position in a Party, or social group of the individual's name; 'We the People' can Understand the Liberal Socialist concern :-( .

 

Liberal Socialist's you get to be involved in a choice:
"The spirit of encroachment tends to consolidate the powers of all the departments in one; and thus to create whatever the form of government, a real despotism.  A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart is sufficient to satisfy us of thee truth of this position." (George Washington's Farewell Address)

 

Versus

 

"There is no good government but what is republican. That the only valuable part of the British constitution is so; because the true idea of a republic is "an empire of laws, and not of men." That, as a republic is the best of governments, so that particular arrangement of the powers of society, or, in other words, that form of government which is best contrived to secure an impartial and exact execution of the law, is the best of republics." (John Adams, "Thoughts on Government", 1776)

 

11/02/2010, "We the People"  overwhelmingly voted to continue the "best contrived to secure an Impartial and Exact Execution of the Law.." - One of the most important differences between "We the People's"  Declaration and Constitution Before membership in Any Political Party!  Simply because...without Both of Our Nation's Founding Documents...; the chaos and damage that is resulting  from Liberal-Socialism, since 01/20/2006; is readily experienced and observable to each individual whether elected, non-office holder naturalized, natural; and regardless of position in America's melting pot of persons, inventions, enterprise.

Senate and Bush's save "We the People" from tax hike..plus Jon Roland and "Constitutional Principles"

When elected individuals in Congress chose, or feel forced, to support the "tyranny of the majority"; and therefore to reject, the faith and belief of "Nature and Nature's God, inalienable rights, and governed by the just consent of the governed; the elected individuals become the supporters of the tyranny at the cost of their citizens and all Americans!  Further, these individuals ignore the words and work of the Founders - all 58 of them!  

In the definition of Congress, The Minority party, is able to over-rule "the tyranny of the majority". When zero (0) to two(2) members from the Minority Party, take part in the assembly, to Stop an Act, Bill, or Amendment via absent, "Concert measures for common good or adjust their mutual concerns".


" ...SHALL BE VESTED IN A CONGRESS.." The word 'Congress' is not a location for two houses of government. It is a gathering - "A meeting of individuals; an assembly of envoys, commissioners, deputies, &c., particularly a meeting of the representatives of several courts; to concert measures (concert is the location that defines 2 minority members; with 'measure' meaning the 5w's and h, of the gathering of individuals) for their common good, or (not AND) to adjust their mutual concerns." Noah Webster's 1828 "American Dictionary of the English Language versus 'Congress' in the Oxford Dic.: "1. formal meeting of delegates for discussion. 2. (Congress) National legislative body of the U.S."


It is in the Founder's choice of words expressed Article I:1 and I:7:1,2, that lends weight to the truth and honor of protecting the minority view of acts, bills, or amendments. It does include using the correct definitions of words. 'Congress' was not a common word. It was chosen from several choices. Congress is clearly defined in Article I:!; equally clearly left out of Article I:7:1,2 which is the determiner of when legislation moves to the President to become laws.  No concert = No Congress = Act, Bill cannot move forward for President's signature. This whole area of Legislation, became important, directly because 'zero Republicans' did not sign agreement to 'PPAA'! The "But" comes to you, our Republic, Representatives; "We the People's" main defense! Many voters said before 11/2; that this remaining 4-6 wks., would be exactly as it is occurring - as if no voice of the people was recorded in the Obama and cohort administration. That is power - money - in the hands of a few with balance between the 3 Branches of government, nearly absent. Obama may be weakened; but his cohorts are not (Stern and Czars)! 


When after much debate they decided on a Republic(representative) form of Government, they told you, the that since human nature doesn't have angels and uses numbers, only to the group with the greater membership; trouble for all individuals is grave.  Human nature with too much power; requires shackles or the human nature of power will continue to destroy the individual. 

Also, Congress-members, your party status is no longer listed on the Acts, Bills, Amendments - an important part of 'Responsibility'; but not 'oversight-meaning failure to notice something!

Pres. Bush's protection of 'We the People' from too large government demanding irresponsible use of $$$; the 2000+ page appropriation Act, + food, financial, amend for more money for health; taxpayers supporting illegal aliens via the 'Dream Act' at their own family's expense because American families have too much and are spoiled; epitomize the tyranny because of time - not content; and because of abandoning our Constitution of 'Religion and Morality" for the infamous word "compromise - meaning, I've already got my mind made up. Join me or not! We have more numbers than you do- so ha, ha, ha on you! 


All of these acts, bills, amendments demand continued misuse of taxpayer's earning - increase borrowing from enemy or politically-correct, 'unfriendly' nations. Fraud-subterfuge-deceit; felony - forfeiture of lands or goods to the Executive Branch of Government; treason -  "..it is the offense of attempting to overthrow the government of the state to which the offender owes allegiance  (Webster's American Dic.)". The overthrow represented by bankrupting 'We the People', borrowing without regard to the future of the nation against "Young, We the People"; Breech of Peace: ".. 2. The violation of a law; the violation or non-fulfillment of a contract; the non-performance of a moral duty; non-performance of duty being a breach of obligation, as well as a positive transgression or violation. Every breach of the public engagements is hurtful to public credit." / Peace "5. Freedom from agitation or disturbance by the passions, as from fear, terror, anger, anxiety or the like; quietness of mind; tranquility; calmness; quiet of conscience.("Webster's American Dic.)". This is Article I:6:1 which is waiting in the wings - for this misbegotten opposition - to take responsibility for actions against their own nation. Article II:4 is also in place for the same reasons as Congress' 'tyranny of the majority'; which is the reason to have names placed with Acts, Bills, Amendments violating Oaths of Office along with the supreme Law of the Land.


This Socialist government has the distinction of attacking "We the People" nearly daily since its inception 1/20/2009!  Now, we find out, no arm-twists. These Senators and Some of the Representatives can be bought anytime something that represents their State is offered; with complete disregard of the expense of taxpayers of the United States.  'Earmarks' / 'Pork-barrels' or what-ever, terminology these elected, with self-interest way in front of duty or service, to the nation that represents their birth-right and duty! They are a disgrace especially to their own, individual self, with their family, Religious, and Morality ideas lodged in their personal seats - they are stuck to!


Congress-members, regardless of party - but protecting Republicans are most important - please continue to protect "We the People" using definition of Congress with all the other successful techniques -- including reading every day, the 2000 plus pages...or tell the politicians - both sides that Section 6 can & will be used against any member who goes along with disobedience to the supreme Law of the Land; by specifically stating on the floor of each house - the name of the Article and of the Amendments because, so far each bill has several. If the President persists, then everyone knows where he and the VP if necessary - stand!

Below,you or your aides can connect from acts, bills, regulations, amendments since 1/20/2009; all the specific examples and statements of how our Constitution has been breached - along with specific Articles and Amendments!

Here  attached is from Jon Roland from The Constitutional Society or www.constitution.org:

Declaration of Constitutional Principles

Whereas, during the course of history usurpers have attempted to misconstrue certain principles of constitutional republican government for their own ends, and that the original language of the Constitution for the United States did not anticipate all the ways it might be misinterpreted, we hereby set forth some of those principles with greater clarity, using more modern language:

General Principles:

- The individual component of the polity is the person, which is defined as any being consisting of or having the essential cognitive attributes of a member of the species homo sapiens,including both the capacity to compete with others for the means to exercise the natural rights of life, liberty, and the pursuit of happiness, and the capacity to regulate its competitive actions to avoid depriving others of those rights and to sacrifice itself for the greater good of the polity as a whole or for their common posterity.

- The polity, or society, is created by the social contract,in which persons agree to join together for mutual benefit and defense, and to regulate their behavior to avoid forms of competition which are destructive of social coherence and effectiveness, such as violence, deception, or collusion, or to
infringe on the rights of others.

- Acceptance of the terms of the social contract is effected through, and based upon, a restricted form of the social contract called the filial contract, between parents and their children,in which the parents agree to be good parents and the children agree to be good children and to grow into good adults and members of society. As persons grow, they extend the social contract to others they encounter.

- The social contract is transitive, so that it extends to and includes not only those with whom one is in direct contact, but all those with whom those one is in direct contact with are bound to by the social contract as well, and therefore by recursion to all those persons who are members of the society, even if one has never met them.

- A state is a society in exclusive possession of a territory. It is not the government. A state may or may not have a government,although larger ones almost always do.

- A citizen is a person who has the civil right to remain within the territory of a state and to return to it if he leaves it, the right to delegate powers to agents who comprise any government of that state, and the duty to defend that state.

- A government consists of those persons to whom certain powers held by the citizens in common are delegated, to act as agents for those citizens, exercising only such powers as are delegated to them, and according to their instructions. That delegation and those instructions constitute an extension of the basic social contract called the constitution, which may be written or unwritten.

- A delegation of powers is not a transfer or assignment, and may be reclaimed at any time that the citizens, in their judgement,find that their agents are not acting in accordance with their wishes.

- The authority of an agent or official exists only for as long and to the extent that he exercises his legitimate powers properly, and he automatically ceases to be an agent or official if he exceeds his authority.

- A state is a democracy if all persons born to its territory or citizens are citizens, with the full rights and duties thereof,subject to the disabilities of minority, and the agents who are the government are agents of all of them in common through some form of voting in which all of those not minors are qualified to participate.

- A democracy is a republic if the legislative functions of government, other than the ratification of constitutional amendments, is exercised exclusively through representatives elected by its citizens rather than directly.

- A republic is constitutional if power to amend the constitution s not delegated to elected legislators of the highest legislative body to adopt like ordinary legislation, but requires either a supermajority of citizens, or majorities of citizens or their representatives elected to lower-level political units in a supermajority of such political units, to ratify it; and if no such amendment infringes on either the natural rights of personsor the civil right of persons to be equally represented in at least one branch of the highest legislative body, or to have members of government act as other than the agents of the people,exercising only limited and specific delegated powers, and to be fully accountable to them equally.

- A republic or other democracy is nonconstitutional if any legislative act supersedes any conflicting act that precedes it,including any act or unwritten principle which may be called a "constitution". [Example: S. 510-H 1332; PPAA; Financial Stability; taxpayers paying for college of illegal aliens; any Earmark of any sort because this represents the purchasing of a vote at the expense of "The Rule of Law" and is especially unconsciable action by both the opposition giving the purchase and the individual American elected to his/her seat - as an act of irresponsibility to the Nation and therefore, their own State!! It is not part of the primary Act, Bill, Amendment, Resolution - because Senate has forgotten they are in office 6 years Because of the correct use of Enumerated poswers and international affairs; Not their home State which they are Expected to Act against unConstitutional Uses against "We the People"!

- A state is an autocracy if those exercising the powers of government are a minority of the persons living in the state and are agents only of themselves, and therefore the only true citizens of that state, the remainder being only subjects or slaves. An autocracy is not a legitimate form of government.

- A state is an oligarchy if political power is concentrated in a minority ruling class, based on wealth, birth, connections, or other form of power other than constitutional delegation, and in which the agents of government are accountable to the members of the ruling class, to varying degrees, rather than equally to all the persons living in the state. An oligarchy is not a legitimate form of government.

- The natural rights of persons are inalienable, preceding the social contract and the constitution, and persons may not be deprived of them even with their consent, since they do not have the power to surrender those rights, and  therefore do not have the power to delegate the deprivation of those rights to others.

- Persons do, however, have the power, and can delegate the power, to disable, or partially restrict, the exercise of those rights by some individual persons when their exercise would conflict with the exercise of the rights of other persons, to strike a balance among the exercise of their rights by all persons.

- Due process is the totality of those rules and procedures under which a dispute at law may be resolved justly, intended to allow all parties to the dispute a fair opportunity to argue their positions on their merits.

- Due process in both criminal and civil cases includes the following rights of the parties:

     (1) To have process only upon legal persons able to defend 
themselves, either natural persons or corporate persons that are
represented by a natural person as agent, and who are present,
competent, and duly notified, except, in cases of disappearance
or abandonment, after public notice and a reasonable period of
time.

     (2) Not to be ordered to give testimony or produce evidence
beyond what is necessary to the proper conduct of the process.

- Due process in criminal cases includes the following rights of the accused:

     (1) Not to be charged for a major crime but by indictment by
a Grand Jury, except while serving in the military, or while
serving in the Militia during time of war or public danger.

     (2) Not to be charged more than once for the same offense.

     (3) Not to be compelled to testify against oneself.

     (4) Not to have excessive bail required.

     (5) To be tried by an impartial jury from the state and district in which the events took place.  

     (6) To have a jury of at least six for a misdemeanor, and at 

     (7) To a speedy trial.           (8) To a public trial. (9) To have the assistance of an attorney of one's choice. 

    (10) To be informed of the nature and cause of the accusation. (11) To be confronted with the witnesses against one. 

    (12) To have compulsory process for obtaining favorable witnesses. 

    (13) To have each charge proved beyond a reasonable doubt. 

    (14) To have a verdict by a unanimous vote of the jury, which shall not be held to account for its verdict. 

    (15) To have the jury decide on both the facts of the case and the constitutionality, jurisdiction, and applicability of the law. 

    (16) Upon conviction, to have each disablement separately and explicitly proven as justified and necessary based on the facts and verdict. 

 (17) To have a sentence which explicitly states all disablements, and is final in that once rendered no further disablements may be imposed for the same offense. 

 Due process in civil cases includes the following rights of the parties: 

 (1) To trial by an impartial jury from the state and district in which the events took place where the issue in question is either a natural right or property worth more than $20. 

 (2) To have compulsory process for obtaining favorable witnesses. 

 - Disablement of all rights other than the rights of majority may only be done by due process for individuals, not by legislation. 

 - The only rights which may be disabled by default or by statute for an entire class of persons are the rights of majority, and those disabilities of minority, except for the right to vote, may be removed earlier than the default age of majority, or extended beyond the default age of majority, by petition to a court of competent jurisdiction. All other rights must be disabled individually, by due process of law, and then only to the extent that is determined to be necessary to avoid infringing on the rights of others. 

 - Only individual persons or corporate "persons" which are composed of individual persons may be the subject of legal process. Inanimate objects and living objects not capable of conducting their own defense in a court of law may not be parties to an action at law. 

 - Upon establishment of the social contract, the natural right of what in the state of nature would be self defense is transformed into the duty to defend the state and the constitution, including oneself as a member of the state. 

 - Defense of the state and the constitution includes defense against threats of all kinds, including invasion or attack, insurrection, criminal acts, natural or manmade disasters, or public ignorance or apathy. 

 - The duty to defend the state and the constitution entails the right to acquire the means and the skills to exercise that duty, including the skills of the soldier, the policeman, and the fire and rescue worker, to be organized to act alone or in concert with others to exercise those skills to meet any threat that may arise, and the power to exercise those skills and use those means, alone or in concert with others, with or without official direction or participation. 

 - In a republic, all citizens are soldiers, policemen, and fire and rescue workers, with the default rank of private. Delegation of official powers to agents of government is the conferring of higher rank to those persons, and persons of lesser rank are subject to the lawful orders of persons of higher rank when persons of higher rank are present and exercising their authority legally and effectively. If not, their rank ceases and highest rank devolves on the person present who most effectively represents that authority, whatever his previous status. A citizen with the default rank of private also outranks any person who is acting in violation of law, for the rank of lawbreakers is lower than that of private, whatever their previous status.

 - A citizen not only has the duty to obey the law, but to help enforce it, within his ability, and to do what he can to prepare himself and others to do so. - In a constitutional republic, the constitution is the supreme law, superior to all other public acts, whether by officials or private citizens. Any statute, regulation, executive order, or court ruling which is inconsistent with that supreme law and not derived from it is unconstitutional and null and void from inception. (PPAA has been found Unconstitutional today, by District Court.  We the People do not care what will be messed within the terribly, messed-up PP-AA; take loses and NOW with this majority in Both H! Maybe taking responsibility for wrong-against the supreme law of the land will help them. In any case, do not perform any action against 'We the People'.

 - There are several ways in which statutes or other official acts may be unconstitutional: 

 (1) It may be contrary to a right guaranteed under the Constitution. 

 (2) It may not be based on one of the powers delegated to the government under the Constitution. 

 (3) It may violate the provisions for the structures and procedures of government, such as the delegation of legislative or judicial powers to an executive agency in violation of the separation of powers principle of the Constitution. 

 (4) It may neglect to perform some duty imposed under the Constitution. 

 (5) It may involve the operation of government outside its constitutional jurisdiction. 

 (6) It may not be applied in the way it was intended by those who wrote and adopted the original act. 

 (7) It may be vague or incomprehensible to the people who must obey or enforce it. 

 (8) It may have been intended to be applied selectively, or have come to be applied selectively, in violation of the equal protection provision of the Constitution that all laws must be applied uniformly. 

 (9) Proper notice of the law or act may not have been given in a way that would allow people subject to it to become aware of it. 

(10) The aggregate of laws or regulations may become so burdensome that it becomes unreasonable for everyone subject to it to be sufficiently familiar with it to comply with all of it. 

 (11) It may have never been properly adopted, or due process may not have been practiced. 

 (12) Information needed to make a proper determination may have been withheld or distorted in a way that is intended to mislead or which has that effect through negligence. 

 - An unconstitutional statute is not a law, no matter how vigorously it may be enforced. Enforcement does not make what is enforced the law. What is enforced is a regime. In a constitutional republic, the law and the regime should coincide. If they do not, the regime is not law but anti-law. 

 - Whenever any person is confronted with a situation in which two or more official acts are in conflict, he has the duty to know which is the superior one, and to obey or help enforce the superior one, which, if one of them is the constitution, means to obey or help enforce the constitution. This duty cannot be delegated to another person: not to a superior, a court, or a legal advisor. It is not a defense that one was ignorant of the law or just doing one's job or following orders. This is sometimes called the Principle of Nuremberg. 

 - The judgement of the consistency of an official act with the constitution is called constitutional review. When this duty is performed by a judge, it is called judicial review. It is not a power of government but the exercise of a duty of citizenship. 

 - Each level and jurisdiction of government has been delegated the power to punish as crimes the deprivation of constitutional and civil rights of persons by agents of government, and some governments the power to punish deprivation of rights by individuals not agents of government. Statutes to implement those powers have been enacted in almost every jurisdiction, and they cover almost every such deprivation. 

 - Any act performed by an agent of government which is unconstitutional is illegal, and while performing that act the person ceases to be an agent of government or to have any official status, regardless of what trappings of office or color of law he may project. It is also almost certainly a deprivation of the civil rights of someone, and therefore also a violation of one or more of the constitutional criminal laws against doing so. 

 - Any citizen who becomes aware of an illegal or unconstitutional act of an apparent official, which is a criminal deprivation of rights, has the duty to disobey that act, to report it as a crime, and to arrest the offender and deliver him to a court of competent jurisdiction for prosecution. 

 - A militiaman is any citizen or would-be citizen in his or her capacity as a defender of the state and the constitution. A militia is one or more persons acting in concert in that capacity. The general militia is the totality of all such persons, which, because even simple obedience to law is a defense of the state and the constitution at a low level, comprises all law-abiding citizens and would-be citizens. The obligatory militia is the subset of the general militia who may be required to keep and bear arms and to respond to militia call-ups. The voluntary militia are those not in the obligatory militia who voluntarily respond to a militia call-up. The ready militia is comprised of the obligatory militia together with the voluntary militia. A select militia is a subset of the general militia which is not representative of the population as a whole, and which may therefore be used to achieve the unconstitutional purposes of some faction. National and state "guards" and law enforcement agencies are select militias. 

 - Whenever a citizen or other person becomes aware of a threat to the state and the constitution, he or she has the duty to issue a call-up to the militia, even if he or she is the only person present, and all persons who receive that call-up have a duty to respond and act as a militia to meet the threat. In the context of the social contract, an act of "self defense" is more properly described as a call-up of the militia, consisting of oneself, to defend the state and the constitution, also represented by oneself. 

 - No level or branch of government has the power to tax or regulate any instrument suitable for militia duty, including any firearm or ammunition therefor, except to maintain quality and reliability for their intended functions, or to disable the right of any person to keep and bear such instruments, or to assemble and train as independent militias, except by due process of law upon petition to a court of competent jurisdiction, in which each side shall have the right to argue its case and present its evidence, and the burden of proof shall be on the petitioner seeking the disablement. 

 - There are no "implied contracts" involving government as a party. A constitution is the entire agreement among the citizens, and no benefit received by any person from government legally obligates that person to make any payment therefor, except through constitutional taxes and fees, nor is any person legally obligated to account for any such benefits, or to be subject to penalties for perjury or fraud for misstating such benefits. Conversely, neither is government legally obligated to provide some minimal level, quality, or distribution of benefits to persons, other than according to constitutional laws. 

-No level or branch of government has the power to impose criminal penalties, such as deprivation of life or liberty, for violations of civil laws. Only deprivations of property or privileges may be imposed for violations of civil laws. Persons may not be imprisoned for failure to pay a fine unless the offense is criminal and a criminal penalty is authorized for that offense. 

 - No judge may imprison a person for contempt of court unless the constitution delegates the power to do so and a criminal statute authorizes it. - The jurisdiction of a criminal offense is determined by the location of the offender's head when the offense was committed, not by the location of the effects of the crime. The crime is the mental act, not the outcome. 

 - No treaty or compact may contain effective provisions which would require agents of government to exercise powers not delegated to them under the constitution of their jurisdiction. As agents of the people, they may not make powers they do not have elements of any treaty or compact, and no such treaty or compact may confer on them any new powers within the territory of their jurisdiction. 

 - Statutes passed with the intent that they not be enforced uniformly, but at the discretion of law enforcement agents, are unconstitutional. They violate the Constitutional requirement for equal protection of the laws, and constitute an unconstitutional delegation of legislative authority to executive officials. 

 - The appropriate exercise of the powers delegated in the Constitution is not discretionary, but represent positive duties, and the failure to exercise such powers appropriately constitute violations of the Constitution. Among these duties is the duty to keep the Militia sufficiently organized and trained so that it might always prevail over any standing military or select militia. Principles Specific to the Constitution for the United States: 

-The term "commerce" as used in Art. I, Sect. 8, consists only of exchanges of goods and services for a valuable consideration. "... among the states" is a restriction to those exchanges that begin in one state and end in another. It does not include everything that has ever been a part of such an exchange, or that might be a part of such an exchange in the future, or which is a part of an aggregate of such exchanges some of which may begin in one state and end in another, or which "affect" such exchanges. 

 - The power to "regulate" commerce includes the powers to license those enterprises which engage in such exchanges, and to prescribe the form, size, quality, measure, labeling, scheduling, transport, and routing of goods and services, but not prohibition of the content or terms of such exchanges. It includes the power to impose civil penalties for violation of such regulations, such as fines or loss of licenses, but not criminal penalties, such as the deprivation of life or liberty.

 - The power to impose an excise tax may not be used for any purpose then to raise revenue. It is not the power to prohibit an item by imposing a confiscatory tax on it, or by refusing to accept payment of a tax on it and then declaring the item itself illegal because the tax has not been paid. For this reason, the National Firearms Act of 1937 is unconstitutional. 

 - The power to impose a tax is not the power to impose criminal penalties for the failure to pay the tax, or to make the item on which a tax has not been paid illegal. Property belonging to the delinquent may be seized and sold at public auction to raise the money to pay the tax, and the reasonable costs of seizure and sale, but all items not thus sold, and all surplus proceeds of the sale, must be delivered promptly to the taxpayer. 

 - Congress does not have the power to delegate its legislative powers to elements of other branches, nor do agencies of the executive branch have the power to adopt "regulations" or "executive orders" that deviate from constitutional legislation adopted by Congress and signed by the President in any way whatsoever. Any such "regulations" or "executive orders" must be adopted as ordinary legislation before they can become effective. The only exceptions are restrictions on legislation to that part of it which is constitutional, and executive orders that implement legislation for specific cases. 

 - Of the approximately 3000 federal criminal statutes, all but a few are unconstitutional if applied to offenses committed on state territory or to federal territory not ceded by a state legislature to the exclusive jurisdiction of the U.S. government. 

 - The "blanket" cessions of any property acquired by the federal government, on the books in some states during the 1840-1940 time frame, were unconstitutional, in that they exceeded the authority of the state legislatures by attempting to delegate their legislative powers. No such cession is legal, and jurisdiction for those parcels remains with the states. 

 - It is unconstitutional for a state agency to delegate to a federal agency the power to make a determination that will affect the way a state law will be applied. This includes letting the IRS determine the tax status of a corporate entity, or letting a federal agency determine the legality of an element of commerce under state law. All such determinations must be made by agents of the state government, accountable to the people of that state through their elected state officials. [another example of unConstitutional S510 - H1332; also Final Rule of Dp. of Ed -Secondary Ed "Strengthening regulations" 30 of them including takeover of private colleges via definition by gov. of standards].

 - It is not a reversible error to fail to inform a jury that they have the right and duty to judge the law as well as the facts in a case in which the government is a party, provided that they can be presumed to already know that and that the parties in the case have an opportunity to remind them of that fact. However, since juries can no longer be presumed to know that, it is a reversible error under the prevailing circumstances if the judge fails to so inform them, and to instruct them on all the ways in which a statute or official act involved in the case might be unconstitutional and a deprivation of the rights of the private parties. It is also a reversible error if the judge interferes in any way with the parties so informing the jury, directly or through their attorneys. 

 - The natural and civil rights identified in the first eight amendments to the Constitution apply to all levels and branches of government, and, indeed, to all governments of persons everywhere, in all nations and times. They do not establish such rights, which precede the Constitution, but only recognize them. They are not just restrictions on the Congress of the United States, but on all governments everywhere. 

 - While emergencies may make it impossible to strictly comply with some provisions of the Constitution for a short period of time, neither Congress nor the President has the power to suspend the Constitution or any provision of it indefinitely. The economic crisis which prevailed during the 1933 time frame was not an emergency requiring a departure from any provision of the Constitution. - Secret budgets and spending authorizations are a violation of the Constitutional requirement for a public accounting of all funds. There is no provision for a "national security" requirement which would permit this. Such secret expenditures are only a secret from the people, not from any credible foreign enemy. 

 - There is no provision for the operation of "administrative" or "municipal" courts which deny the defendant the right to a jury trial where amounts of more than twenty dollars are involved, and all such courts are unconstitutional. 

 - An amendment to the Constitution may only be considered ratified if every state counted as ratifying it approves the same language, including spelling, capitalization, and punctuation. 

 - It is not a violation of the Constitution to issue credit instruments whose value, measured in unit weights of gold or silver, is determined by the marketplace, or to allow such credit instruments to be used for the payment of obligations, as a matter of convenience and security, at their current market value. However, it is a violation of the Constitution to express legal monetary obligations in units other than weights of gold or silver. If the "dollar" is no longer to be a fixed weight of gold or silver, then legal obligations must be expressed in units that are, such as grains, grams, or ounces. 

- The power delegated exclusively to the U.S. Congress to declare war is not the exclusive power to authorize the President to send troops into a war situation. A declaration of war is necessary to relieve soldiers and the President of liability for what would otherwise be criminal acts of violence in the jurisdiction in which they operate, provided that they otherwise conduct themselves according to law and international treaties. 

 - The U.S. Congress has no power to withhold funds from states or other legislative jurisdictions as a way of coercing them into adopting legislation. Such coercion is a violation of the requirement for equal protection of the laws. 

 - Broad delegations of powers, such as those in the constitutions of some states, or in Art. I, Sect. 8, of the Constitution concerning territories ceded to exclusive U.S. jurisdiction by state legislatures, are inconsistent with as republican form of government, under which all delegations must be specific, and such state constitutions are in violation of the guarantee in the U.S. Constitution of a "republican form of government". This particularly applies to those which delegate "general police powers". The only "police powers" which may properly be referred to as "general" are the powers all citizens have to enforce the laws. The term is not properly used to include general powers to punish anything that some official decides is an offense.

Now 'We the People's protection with equal protection under the law for US and State Citizens, shall have another chance in the House; Against more unlawful purchasing of "earmarks, pig's sty, or any other name"!  Purchasing votes in this manner is equal to stuffine the ballot boxes of 1:1 citizen voters, especially when you consider the unregulated Union use of member votes and dues, as opposed to Corporate which mr DeLay is quite correct.in his innocence!