A Court gone Berserk

by A.H. Krieg

Dr. A. H. Krieg 2005

On the 23rd of June 2005 the Supreme Geriatrics struck for the second time in a month. First at the beginning of the month they decided that all reputable evidence to the contrary marijuana would be made illegal even for medical conditions and if prescribed by a doctor. We know with absolute certainty that marijuana is an effective agent for treatment of glaucoma and bulimia and has beneficial effects in not only cancer but in scores of muscular deceases. That however is not the point of this article. Then on the 23rd they decided that any community that had a desire to increase property taxes could suspend individual property ownership rights through confiscation of that property, and then they went the extra mile allowing such confiscation on behalf of a private corporation for the gains of community tax collection and that company's profit. These wrongful decisions are not the basis for this article either.

Judicial activism gone berserk!

We are faced in our [what was a republic] by two distinct and vexing problems. The executive and judicial branches of government have ceased to act in a legal manner as prescribed in the constitution and have taken it upon themselves to make law. Our wimp congress [House and Senate] has demonstrated that they lack to guts to stand up against these actions having acquiesced to political blackmail. This has been facilitated by the XVII amendment, which made Senators the pawns of the majority, action that was prevented in the original Constitution. It in fact changed America from a republic to a democracy. Republics being government by a set of established laws, in our case the Constitution and Bill of Rights, and democracies ruled by the will of the mob. As Seneca said, "The proof of a bad idea is the applause of the mob". Whatever the norms of the society are is accepted as law in a democracy. It is the basis of our problem

Let us understand the crux of the situation. The Constitution is very precise about who has the right to make law. Article I Section I the very first words in the constitution after the preamble state: "All legislative Powers granted shall be vested in a congress of the United States, which shall consist of a Senate and House of Representatives." There are strict limits of the power of the executive [presidency] that are enumerated in Article II Section I "The executive Power shall be vested in a President of the United States of America." Section II "The President shall be Commander in Chief of the Army, and Navy of the United States and of the militias of the several States....." The words "Executive Order" is not found in this article, in fact it is not found in the constitution, Bill of Rights, Preamble or the Declaration of Independence. It is not even to be found in the Federalist Papers. Article III Section I; "The judicial Power of the United States, shall be vested in one Supreme Court, and such inferior Courts as the Congress from time to time ordain or establish." Section II "The judicial Powers shall extend to all cases, in law and Equity, arising under this Constitution." This clearly and specifically points to a restriction on the court in that its legal actions are restricted to the interpretation of the constitution and to adjudicate all matters based on that provision. I want to be very clear on this issue both of these rulings are beyond the scope of action allowed by the constitution as written, and are wrong to boot. The court is not permitted to rule on property rights, which are constitutionally protected, and is not allowed to interfere in medial treatment. Neither of these issues is in the Constitution so by addressing them the court has made law, something they are strictly prohibited from doing.

The established independence of the three official branches of government is called The Separation of Powers". What began in the War of Northern Aggression under Lincoln, [Republican] and accelerated during the FDR [Democrat] administration are the independent actions of the executive and judicial branches circumventing the legislative branch, which is demonstrated with the enactment of the XVII amendment and legislative cowardice of monumental portions.

Both of these decisions by the Supreme Court are not only wrong, they are criminal in that the justices who voted for them violated the constitution as well as their oath of office. We must also understand that this is not a new process but one that began over 50 years ago and which is hastening at geometric proportions. Both decisions impact our entire nation and the majority of all citizens. In our executive branch things are no different. Clinton [Democrat] enacted NAFTA (a) as an international agreement, without the required "Advice and Consent" of the Senate as an Executive Order. Bush [Republican] is doing his best to expand NAFTA into CETA (was past in 2006 as predicted) and plans its eventual globalists extension into FTAA. (Venezuela has placed the kibosh on this) Bush in violation of his oath of office has with the aid of a willing but stupid House and Senate enacted the "Patriot Act" (a) that is now planned to be made permanent as well as expanded under a new name but is in fact Patriot Act II. (Enacted in 2006) This odious law is in violation of the constitution as well as Articles, 1,4,6,7,8, and 10 of the Bill of Rights. It has nothing to do with terrorism and everything to do with federal control of the population. In two years there have been 400 arrests for Patriot Act violations, which resulted in 200 acquittals, 180 minor infractions, and 14 convictions not proven to date to be linked to any terrorist cell or operation.

One of the telling things taking place in Sodom on the Potomac is the elimination of the separation of powers, along with the acquiescence of Congress to any action that the Executive or the Supreme Court takes or has taken in the past 50 years.

What "We the People" are faced with is a total breakdown of the concepts of our forefathers. As Dr. Franklin said when leaving the Continental Congress when queried by a bystander, "What have you brought forth Dr. Franklin" to which he responded "A Republic sir, if you can keep it". The established republic died a horrible death under Lincoln whose actions have only been eclipsed by every government since that time. The question thus for all of us is what can we do about this situation, which has so disagreeably accelerated in the 20th century? With the inaction of our legislative branch in enforcing constitutional law upon the Judiciary and Executive we the people are the only remaining bulwark against the coming political dictatorship which is sure to follow these actions. As I predicted in my book July 4th 2016 The Last Independence Day.

Fortunately there are a substantial number of things that the people can do. The time for accomplishment is now, because in a few years the established system will be so entrenched that change back to normalcy will become impossible. Let us examine what we might do to correct our wayward court and executive.

  1. We must insist that the XVII amendment to the Constitution be repealed.
  2. We must insist that the XVI amendment be repealed [It was never ratified by the required number of states to begin with]. Then we must enact a flat income tax at 7% to be prayed by the individual not the employer, and a national sales tax to be collected by the states of 5%.
  3. Repeal the McCain/Feingold campaign fiancˇ reform bill, which should have been called the incumbents perpetual election bill.
  4. By constitutional amendment change all campaign finance laws to: No contributions from any, corporations, labor unions, associations, foundations, or anyone except an individual registered voter. Maximum contribution by any voter $300.00 per campaign. No contributions to any office seeker outside of your registered domicile area.
  5. Repeal the Kennedy/Kastenbaum immigration law and let it return to the system that operated so well for the previous 200 year.
  6. Deport all illegal aliens.
  7. Ship all foreign felons in American prisons back to from whence they came. Implant all of them with irremovable RFID chips to prevent their return.
  8. By constitutional mandate make premeditated murder a capital offence punishable by execution within ten day of sentencing.
  9. Impeach all judges who attempt to make law by judicial activism, and who misinform juries of their constitutionally legal rights.
  10. Abolish the FRS and return those responsibilities to the legislative branch.
  11. Mandatory dismissal of any legislator who votes for any law that remains unpublished.
  12. 12 the requirement of national referendum of all citizens for any constitutional amendment.
  13. Shut down the FRS and return the power of coinage back to congress where it belongs.
  14. Return America to the gold standard.

Additionally it is imperative that we establish by constitutional edict a restriction of government spending to what is anticipated in tax collection. Also the elimination of; The Department of Energy, The Department of Education, The Department of Housing and Urban Development, and the Department of Health and Human Services. Total elimination of BATF, and severe curtailment of FDA, and FTC cutting their employment by 50%. Severe changes in the Department of State. The forbidding of the hiring by any and all government agencies of dual nationals, and foreigners except in national intelligence capacity.

(a) Neither law was published prior to enactment no member of congress had seen the entire law only a short synopsis. NAFTA when published several months later by the GPO was backdated to the time of the vote.

These are only fourteen starting items they would be the beginning of a revitalized republic that upon enactment would return to the prosperity and liberty of our first 150 years.


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