Problem with Ch. Reince Preibus and our Republican Party

Like Obama winning in 'o8; 11/2/10 was a cinch for Republicans - regardless of who the leader was...that means every, single one of the other candidates for RNC Chair, would have won had they been sitting in Ch. Steele's chair! Donations fall-off! Yep, 2 reasons 1) we had an economic problem on the scale of 1929 with politics via party name were slightly less than Attorney's proverbial shark relationships! 2) It took most of 2009 well into August - September for any member, especially elected, to realize....oops, maybe there is something bad about this administration in office v. both Founding Documents!? But don't get too carried away. Even as recently as last week, we have elected members of Congress from our Party who think they are in a Democracy form of government, while the rest of the USA Pledges Allegiance to the "..Republic for which it stands..",

Maybe one candidate said the word teaparty. One candidate did say "Going to the Marianas was a waste of money. Its small and not important at all to any election." To which, just about every candidate made a silent 'Oh my god!' including the candidate that said it! Did he acknowledge his mistake? Did anyone else? Did anyone notice that the comment, totally vindicated Ch. Steele's actions; and that he is indeed, a bottom to top leader! Not one of the other candidates was able to achieve, or understand the importance to the Republican Party.....and More Important --- to the United States of America which is beyond any Party! Except, of course the Socialists.

They must have 'group names / concepts' to function. The unique individual is impossible to control! So keeping the Republicans, sans any mention of the Constitution, helps them a lot! But I don't think, even 'centrist Republicans, want to help out the Socialists - even though they have changed 'back to Clinton' personnel! Never mind that the return to Clinton; does not 'change' one, iota, of socialism in Acts, Bills, Legislation, and especially czarist-cabinet regulations, stagnating petroleum-a major US Asset which would lower the debt exponentially (along with repealing PPAA which is neither protection nor affordable); making nuclear energy so laden with policy-safety-environmental-construction-geographical-licensing-fees, taxes and so forth; that any plant Shall Not Be Built in Less than 15 years or the Socialists will become apoplectic at the failure of their heroes: Alinsky-Clward-Piven-Soros!

That's why Sarah Palin's love of her State and its resources with shooting elk, because there really are 'We the People' who live on the game they shoot in lots if not most of the States in this Union! Heaven forbid, she even uses the 'C' word and knows what she is talking about. That is dangerous because those Conservatives are dangerous...not the Socialists who demonstrate attacking Both Founding Documents....Conservatives! These candidates for chairman don't know much about don't know much about recognizing the new mantra for the controlling 'We the People's votes, here quoted from California State's new election law: "SECTION 1. All political power is inherent in the people.
Government is instituted for their protection, security, and benefit,
and they have the right to alter or reform it when the public good
may require. ... Section 6, a candidate for a
congressional or state elective office may have his or her political
party preference, or lack of political party preference, indicated
upon the ballot for the office in the manner provided by statute. .."

Please note the 'Old Guard' Republican sans any mention or acknowledgement of the, please don't shout out loud, teaparty..ow, that hurt; or 11/14/09, 08/28/2010, or even 11/2/10 required ignoring. The importance for the debators - except Ch. Steele - was status quo meaning 1) economy; 2) donations; 3) get Republicans elected - doesn't matter in they wander around wearing sheepskins with the wolf underneath - because most Republican leaders do not recognize these 'Rhinos' and other descriptive, names of Progressive Republicans who do feel the Declaration and Constitution are irrelevant; and anyway we can take care of that later....and.......later.. and later.........and later......well anyway Support and defend it is because "you can't see the law". Or we don't have the votes, therefore; stay silent - allow the opposition its words - and just get what compromise you can with the "Patient Protection and Affordable Act! It is important to use oversight, as in failure to notice something, inadvertent mistake, a government trademark for any program it undertakes: always at increased cost v. Accountability of the founders.

Suffice it to say, the result of the debates with the above winner; means that the opposition, socialists with their friend Lucifer, will continue dancing on the American Dollar as it burns. So much for commerce, entrepreneurship, empowerment, enlightenment, not education is group-think, but Leaning which belongs to the individual!

The correct order of the Republican goal is return "Religion and Morality" to First Place; then let the return of personal responsibility and integrity work for each citizen of this Nation.

That voter ID cards will cure Fraudulent voters; that it is OK for Homeland Security to use body scanners and pat-downs; because after-all - it is for the "Greater Good" and innocence, integrity really are not applicable at this level of public safety. Just like 5) We'll worry about "Religion and Morality" later...and only if it conforms to economics of $$$ for USA. Whether USA of the Declaration and Constitution are important or not

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California Penal Code 11105:(b)(10)

WAIS Document Retrieval: "(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."

(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.

Meet Assemblywoman Shannon Grove.. [our state's Sarah Palin:-)]

NEW: Meet New Assembly Rabble-Rouser

JAN. 12, 2011

By KATY GRIMES

Fed up with the increasing job-killing regulations, punitive state agencies, and the hefty taxes on California’s businesses, Shannon Grove decided to run for Assembly. She won resoundingly in her district, but as only one of 28 Republican Assembly members, many are asking, what changes can be made in the solidly Democratic-controlled Legislature.

Grove said she had never been interested in any political office in the past, nor had she ever held an elected office. “Instead, I’ve been busy for the last 17 years running and growing my business.”

Her bubble was nearly burst on day one. Hearing her fellow legislators talking excitedly about the perks they receive, the newly elected Republican Assemblywoman from Bakersfield declined the offer of a state vehicle upon her arrival at the state Capitol. “How can I accept a new car at taxpayer expense when businesses in my district are closing and people are losing their homes?” asked Grove when we met last week.

Grove made it clear that she has no plans for a career in politics. “My goal is to go back home and be Rick Grove’s wife after all of this,” Grove said as she gestured at the surroundings in her Capitol office.

What prompted the meeting was a quiet but forceful movement coming from the Central Valley Legislators. Grove said she’s a part of the Rural Valley Caucus, led by Assembly minority Leader Connie Conway, R-Visalia. “The valley issues are water, jobs, oil and wind,” explained Grove. “We have the largest wind farms in the state, as well as vast oil resources. But the state is in crisis mode over the water, jobs and energy issue, and something we Central Valley legislators are going to stay on relentlessly.”

Grove owns and operates an employment and staffing agency, specializing in providing temporary or permanent employees, with a focus on safety training, for food processors and oil companies. Her business has grown so much that she’s opening another office – in Greeley Colorado where many of her oil clients have moved.

“ Our state is driving jobs out of California with high taxes and onerous regulations.  We need to put a moratorium on new regulations like AB32 and stop job killing tax proposals like oil severance taxes.  The small business is the engine that drives our state’s economy, and the only way to bring prosperity back to California, is to bring jobs back
 to California,” said Grove. But for now, she too has to go where the jobs are.

Grove has some other groundbreaking ideas including requiring termed out legislators to wait five years before receiving state board or commission appointments. “And boards that do nothing or are no longer needed, need to be dismantled.”

But perhaps the most surprising idea coming from a newly elected member of the Assembly is that of a part-time Legislature; Grove wants to model California’s Legislature after the successful system used in the state of Texas. “Texas has a part time Legislature and meets only every two years,” said Grove with a smirk. “Think of the money the state could save!”

And Grove thinks the people of the state are ready for a part-time Legislature.” With a 9 percent approval rating, how bad does it have to get before we make changes?”

Grove is an advocate of drug-testing welfare recipients. “Admittedly, this concept makes people angry at first. But if employers can drug test employees, why can’t the state tell welfare recipients, If you are receiving a check, you need to be held accountable? Or, if you can’t get your kids to school, we’re going to dock your wages.”

“How will we ever hold welfare recipients accountable if the state provides the money that purchases the drugs?” asked Grove.

She was quite critical of how California’s welfare system has become a multi-generational cultural phenomenon, and insisted that any changes would benefit the people as well as the budget. “Entire families are on welfare, and encouraged to have children out of wedlock. While everyone needs a short term safety net, generations of welfare have become an entitlement the state can no longer afford.”

Grove is part of a faith-based program in Kern County that through the coordinated assistance of churches and government programs, takes care of people in the neighborhoods when they need help. “This is the way to help those who need short-term help,” said Grove. “True faith-based government programs are a good use of accountable resources.”

Grove’s ultimate goal is to help shrink the size and scope of government in our everyday lives. “Our state does not have a revenue problem, it has a spending problem. We need to evaluate state programs with a strong business model.  We need to end the salaries of the unnecessary board and commissions we have in Sacramento. We need to ask ourselves the simple question: are we getting results from our investment?  Ineffective government programs should not receive more of our hard earned taxpayer dollars.”

We can hope she will become aware of the role of the minority in government whether state o

or Federal!

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1. Catherine West says:

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   January 13, 2011 at 1:29 am

   Welcome and Thank you, Assemblywomen Groves! Republicans are a minority…But in a Republican form of government, where “Religion and Morality” with duty, service and honor reign as cornerstones for actions to reduce a State government too long, in love with its “Numbers are the ONLY ideas that count”! This Progressive, Socialist concept allows for the group called candidates, to run for office regardless of beliefs/morality/principles of governing and leadership. Here is an example: “..a candidate for a
   congressional or state elective office may have his or her political
   party preference, or lack of political party preference, indicated
   upon the ballot for the office in the manner provided by statute. …The
   candidates who are the top two vote-getters at a voter-nominated
   primary election for a congressional or state elective office shall,
   regardless of party preference, compete in the ensuing general
   election.(California Constitution, Article II:5)”; And where “…All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.Article II:1 California Constitution Election Act of 6/2/2010; aka – growth of the tumor of State-centralized control in one office – the Attorney General.

   Assemblywoman Grove, silence is agreement, with the majority of numbers resulting in numbers making decisions rather than value or leaving “the righteous man alone”. The minority, giving-up and quitting that part of ‘We the People’ who placed them in office; disenfranchises the people. While a minority member of ‘a Congress’ -even at state level because of Article IV:4- speaking-out is mandatory and built into the Republican form of government.

   Whenever 100% or 2 or less of the membership of the Assembly, refuse to sign or give assent, to the written proposed State Law; there is “no meeting of agreement on mutual concerns”. Since there is no agreement of mutual concerns; the law proposed Shall not advance to be signed by this Governor of the State of California. Protection of the minority, from “the tyranny of democracy” or ‘greater number’; is from the United States Constitution, Article I:1 definition of “..a Congress..” via N. Webster’s 1828 American Dictionary of the English Language; Article I:7(2)”..Every Bill which Shall Have Passed the House of Representatives and the Senate, Shall, before it Becomes Law,.. Evidenced by 1) filibuster of One Member (Obama desperately wants this Principle gone, because of its effect in both slowing and stopping usurpation and ‘greater number’ to determine direction of a Nation; and 2) stopping wrongful law-making: “Knowing this, that the law is not made for a righteous man, but for the lawless and disobedient, for the ungodly and for sinners…(I Timothy1:9)”.

   The minority voice, out-loud, is very important; but very silent, because of not believing in the work of the founders, who were meticulous in how the words and sentences are used to make the document of managing humankind which has grown and is fraudulent and usurptive against the people, it proports to support.

 Name (required)

Remember 9/11/09, 8/28/10, 11/2/10 and continue RNC Chairman Michael Steele

Ch. Steele the elitist?  Nope! Your are mixed up with the other candidate's 'talk the values; but don'tactually do something(!)'; or become a defender of the Constitution...that is not politically correct; besides the Constitution isn't under attack-- that's just those conservative teaparty talkers!

Actually, no-one directly even thought of the word 'Constitution'. But the 'arrogant Ch. candidate' did note that it was a waste of money for Ch. Steele to help the small American Territories because it made no difference to the election. That made "We the people in order to form(except too small states or territories)..." a useless concept! There was an almost audible 'Oh,my god!" When that was said!
Nope...Votes cannot be gotten unless money happens!  The numbers game" = Amount of money.

The Socialist "The numbers Game" = simply the greater number of votes without ''religion or morality"- or it matters not - what your political philosophy; or "means by greater number success" with appreciation of wind direction; or all that you can get away with!!

 Ch. Steele - who demonstrates his listening and acting for America -- not just the party. The other candidates money-donation-votes; and by the way - there is room for the teaparty.  Although, the V.Ch. did acknowledge that this was important, but doesn't know how to support the Constitution and anyway money is much more important.. She does have a team that will do everything that Ch. Steele did Plus what every other 164 RNC committee-members want!

Except for Ch. Steele, the whole group is the old Republican Party line: Don't talk unless donations are involved, or money of any legal description - there isn't an original thought among them; and they do not know or understand why Ch. Steele indicated that today's party is different because of what has happened: 9/11/09, 8/28/10, 11/2/10 -- Plus!

Paying attention other candidates for Chairman, like Congress you play into the Socialist hands by denying that the Constitution has been and continues to be under attack. Because you know better, You are guilty of the sin of knowing, but refusing to do anything which is the location of Sir Thomas Mann's "Silence is agreement" and from the Book of James.

Support Ch. Steele to continue 9/11/09, 8/28/10, 11/2/10!  ...And don't listen to naysayer commentators like on 4:00 - limb climber commentary person who doesn't believe Ch. Steele can be elected 'dog catcher" or hasn't a chance. ...butt that's probably just the part of the party that accepts everyone; but "Don't let those Conservatives get into power!"

Does that tell you something about the candidates & their top-down versus
                     Ch. Steele grassroots - teaparty up!!?

CA Political News | show

CA Political News | show

What is much better than going after Unions at the business end; is go directly against the "Labor Relations Board" for Unconstitutional regulations or requirements, especially since a business is an individual in law.

The opposition has no intention of supporting their Oaths of Office or their duty for service as elected Americans to "I therefore believe it is my duty to my country to love it, to support its Constitution, to obey its laws, to respect its flag, and to defend it against all enemies."(The American's Creed by W.T Page). This opposition, in all its various descriptive-but only slightly-Dem party feels, that because "you can't see the law" in the constitution it doesn't count as codified law. Further, that only 'structural constitution or "trying what may be squeezed out of the text, or invented against it,..."(Jefferson). This Administration, especially within the cabinets, commissions, Boards, Departments, Bureaus, has no concept of obedience with the first table of laws, or duty with obedience to God's teaching of individual action; or of practical piety and morality for those who do not believe in a supreme Lawgiver. They consider themselves, above all 58 Founders with the Constitution, as determiners of correct actions to: "..establish [Social Justice defined by a few men]justice", "..provide for the common defense [by ignoring those Nations who, like themselves, do not hold to laws from a supreme Lawgiver]", by "promote [oops! "Provide"]the general Welfare; and "..and [indoctrinate] Posterity! Heaven forbid that any student at any age should know that the 'intrinsic value of Learning', anything and everything possible,  is beyond the intrinsic value than Gold! Excepting the quickness of $$ with Gold -- learning often takes more time, but same outcome!  

Much of our State and Legislative Branch of government, has never been confronted by blatant, unmitigated, blind-deafness, for the laws of Nature and of Nature's God! It is only because of contrasting Saul Alinsky with the extreme left-ended subjugation of individual ideas, and "Center for American Progress"; that allows understanding, the [stupid] arrogance of conclusion without necessity of fact; simply by simply put you head deep in the sand!

 While the denigration of 'Religion and Morality' is the most blatant in our nation's history; and since this Administration is completely unable to acknowledge: "1. Religion, in its most comprehensive sense, includes a belief in the being and perfections of God, in the revelation of his will to man, in man's obligation to obey his commands, in a state of reward and punishment, and in man's accountableness to God; and also true godliness or piety of life, with the practice of all moral duties."; aka, "Religion and Morality; this Administration, with its cohorts in the Legislative and Judicial Branches; cannot possibly read or comprehend the contents of both our Nation's founding documents, designed to prevent 100% of the actions of this Administration in both National and international affairs! Naturally, they would have trouble with United States  Code: in regard to Arizona's illegal immigrant Law; in the shutting off of water to the 8th Nation in the world as agriculture the State of California - and not blink-an-eye, at the human suffering, or the loss in payment of Federal income taxes, resulting from shut-off water with California's international and interstate sales. This Aministration's, too many to mention, anti-American business Acts, Bills, Commissions, Executive Orders, Regulation's of daily frequency; such that the results for out-stretch the closest FDR, W. Wilson, and 'Teddy' Roosevelt combined, for the extent of usurpation and despotism against individuals and individuals as business!

What can we do? Keep Learning and teaching both The Declaration and The Constitution! In terms of being specific learn and apply Article I:6 with Article II:4 with the Federalist and by going to www.constitution.org -- Constitution WeBlog in Red down a bit on the home page. You do the 4 R's of classical Learning. Once done, and once sure of the ground you are taking;  to go after "the against our Nation's Documents of founding" - write your representatives, as if you are 'recording'. Be sure to mention that you will be aware and following their responses to the Bills, Acts, which Legislative can control. Get others to join you. It SHALL change!

This entire Administration, from President through his entire Executive Branch actions; including the now famous,  "I didn't say anything..and don't want to be involved..": moving murderer's civil or criminal law to life in prison because American Criminal Court does not know that "Life" has the reward of a martyr in Islam [military court does know]; planting a mosque 1 short block from 'Ground Zero' while not understanding "Religion and Morality" along with Freedom of Religion Commissions; and most recently attacking 'Filibuster' via a "friend" in Congress.  Executive Branch Regulations, including both the 'Government needs to purchase scans to meet investor's earnings goals (USA Today), and patdowns - probably no-one remembers why -- including Homeland Security the boss of TSA;  must be directly challenged by an individual citizen harmed by the regulation; or even a group of individuals harmed by the violation of the Constitution. Money and time are not an excuse. This forced accountability holds 'their feet to the fire'; and is a best method to let not-elected, union-based, closed shop, workers from writing unConstitutional regulations, rules or taking any act against the ownership ("Food Modernization Act decreases time from 10 days to 72hrs. for an Agriculture / food manufacturer 'to prove himself (business is a person) innocent or take corrective action' of what-ever regulation an inspector wrote him up on..or he loses his registration to do business! Uh, Due process? Trial - it shall be, by nature more than $20.00? This is a consistent theme throughout PPAA, Financial Stability, USA to join UN in treaty (not passed, yet; but already present in some State's websites) without either recognizing or maintaining US Sovereignty, all Bills, Acts, Regulations, Rules, Licensing, Health, Environment, Mining...; and onward...downward..insideout.. to oblivion of what might become America's Dark Ages, along with the changes in the sun's arc over the earth, movement of plate north after Peru's quake, and active volcanoes on the Pacific rim  the increase in cold at least one, reporting and non-agreement scientist with GW.  

These are two of the Constitutional Principles:

"- 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.".

The rest of these principles are covered by Jon Roland at: www.constitution.org ,  in the top boxes: "Rights, Powers, duties". Please explore and read the rest or all of the resources this great site offers...and don't forget to take lessons from "Learn and Teach The Declaration and The Constitution of the US, using Original Texts and 'Classical method of learning [4R's]" at www.teachconstitution.org!

Because our twin document are founded in, for, and with God, His son Jesus; and because Both, are 24/7/365 activists in moving human-kind away from darkness. Hopefully waking-up America's 'doubting Thomas's'; crucifixion 'Judas'; 'it doesn't matter, everyone is crooked'; 'Don't bother me, I'm too busy!' group;  to believe they can, should, and shall act for our Nation before any political party! And if in elected office, all levels of government -- look at the Law of the Land, before jumping into anything, respecting citizens, and understanding both our Documents are for each, sovereign individual.   It is important to realize that it is and has been, only Republicans, who have held Obama with his "Americans for Progress" at bay! We need to thank them, but keep their attention on the Content of the Constitution. The Attack will not go away, will get worse, and cannot be compromised with...or another way to put it: Don't compromise with the devil - he invented it!! The New Elected are coming in.. to help put "The Universal Truth" of "I am the Way, the Truth, and the Light" back into our everyday lives, where it belongs; but it is a beginning against instilled thinking that dates back before Obama was born - parallels Soros' age!

So you want to nullify violations of the Constitution

COMMENT:

Our Constitution cannot be correctly read unless it is combined with its Twin, The Declaration. The Declaration sets the Way, the Truth, and the Light without which, this Nation would not have even considered questioning the actions of  King George III; against mankind -not just our Colonies. Both Documents are unique in the world because "In disquisitions of every kind there are certain primary truths, or first principles*, upon which all subsequent reasoning must depend. These contain an internal evidence which, antecedent to all reflection or combination, commands the assent of the mind."(Alexander Hamilton, Federalist #31).

Pairing the above statement by Mr. Hamilton, to one by Patrick Henry "It is natural to man to indulge in the illusions of hope. We are apt to shut our eye against a painful truth -- and listen to the song of that syren, till she transforms us into beasts.  Is this the part of wise men, engaged in a great and arduous struggle for liberty/ Are we disposed to be of the number of those, who having eyes, see not, and having ears, hear not, the things which so nearly concern their temporal salvation?  For my part, whatever anguish of spirit it might cost, I am willing to know the whole truth, to know the worst, and to provide for it."

Yes, those of US(A) paying attention to the 11 moths of this administration's content of Acts, Bills, Regulations, Executive Orders, Commissions; and just about any tactic available to the  "No Universal truth"; 'end is determined by those means that work against what-ever the issue contains, and ethics only matter if  numbers, opinion, politics require adjustment'.  History, the essence of truth, of all available intrinsic facts,  is forbidden by this opposition.  This administration must  manufacture, squeezed out,- or invented- to fit the need for the Act, Bill, Regulation, commission, Executive order, etc.

One of the worse tactics of this Administration is using politics to displace Constitutional Principle into the minutia of details in taking over central control via the Executive Branch of Government.

The key to nullifying these actions by this Administration continues to lie in 'We the People's" vote; but to make that vote more effective -- everyone, individual American has to work with every, individual American as friend, neighbor, church, neighborhood, club, and get together -- to learn or relearn our birth-right, our character, and most important How to apply the principles expressed as the supreme law of this land. 

*For those of US(A) both Love and Defend, Both our magnificent documents, it is very interesting to note here that "first principles..." of 1788; are an almost direct paraphrasing in Noah Webster's "1828 American Dictionary of the English Language" definition of "religion" .

Our Constitution cannot be correctly read unless it is combined with its Twin, The Declaration. The Declaration sets the Way, the Truth, and the Light without which, this Nation would not have even considered questioning the actions of  King George III; against mankind -not just our Colonies. Both Documents are unique in the world because "In disquisitions of every kind there are certain primary truths, or first principles*, upon which all subsequent reasoning must depend. These contain an internal evidence which, antecedent to all reflection or combination, commands the assent of the mind."(Alexander Hamilton, Federalist #31).

Pairing the above statement by mr. Hamilton, to one by Patrick Henry "It is natural to man to indulge in the illusions of hope. We are apt to shut our eye against a painful truth -- and listen to the song of that syren, till she transforms us into beasts.  Is this the part of wise men, engaged in a great and arduous struggle for liberty/ Are we disposed to be of the number of those, who having eyes, see not, and having ears, hear not, the things which so nearly concern their temporal salvation?  For my part, whatever anguish of spirit it might cost, I am willing to know the whole truth, to know the worst, and to provide for it."

Yes, those of US(A) paying attention to the 11 moths of this administration's content of Acts, Bills, Regulations, Executive Orders, Commissions; and just about any tactic available to the  "No Universal truth"; 'end is determined by those means that work against what-ever the issue contains, and ethics only matter if  numbers, opinion, politics require adjustment'.  History, the essence of truth of all available facts intrinsic is forbidden by this opposition.  this administration must  manufacture, squeezed out,- or invented- to fit the need for the Act, Bill, Regulation, commission, Executive order, etc.

The key to nullifying these actions by this Administration continues to lie in 'We the People's" vote; but to make that vote more effective -- everyone, individual American has to work with every, individual American as friend, neighbor, church, neighborhood, club, and get together -- to learn or relearn our birth-right, our character, and most important How to apply the principles expressed as the supreme law of this land. 

*For those of US(A) who Love and Defend, Both our magnificent documents, it is very interesting to note here that "first principles..." of 1788; are an almost direct paraphrasing in Noah Webster's "1828 American Dictionary of the English Language" definition of "religion" .

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.