Monday, February 25, 2013

The Bioregional State as "Constitution, Version Two": Re-Declaration of Independence; 35 Points Why the U.S. Constitution Fails to Work (2 of 4)
















Maybe George Mason would say: "Hmm. I like the wider Ecological Bill of Rights."

A Re-Declaration of Independence? 35 Points Why the U.S. Constitution Fails to Work

In the previous section we talked the innate possession of inalienable rights of succession, nullification, and re-federation of democratic peoples, particularly activated as legitimate under conditions where redress of grievances under current democratic frameworks have become corrupted, frustrated, gatekept, and unrepresentative.

No one is required to stay in any bad political relationship that is unrepresentative. When a human political relationship is unrepresentative it is typically innately degradative as well. So an unrepresentative political relationship is a combined human and ecological tyranny that innately destroys human health, the wider ecology, and the economy all at once by reduction of choices both political and material by that corruption.

However, before we can talk about whether secession, nullification, and re-federation is desirable (in subsequent section three), as Jefferson said it is merely polite to state publicly why "in the course of human events" one group might want to separate from another and/or re-federate into another framework of human created government.

So this section documents 35 systemic constitutional engineering problems with the U.S. Constitution in hindsight that require additional checks and balances, based on what corruptions have happened repeatedly or increasingly over 200 years. The U.S. Constitution must be 'bad DNA' for a republic because so much has gone wrong under it that its government fails to even protect or administrate the listed rights in the document itself in practice. There are many other areas besides its abrogation of civil rights that shows the document has been designed poorly since it has been unable to deal with systemic corruptions in the United States in various areas below. The whole purpose of checks and balances is to protect against corruption--though obviously it fails on even doing this basic point--and it has failed in this for a long, long time. So additional checks and balances are required in the bioregional state as 'version two.'


Preamble: A Little Cultural Litany of Sufferings Under a Corrupt U.S. Form of Government

However, can the United States "keep its republic", as Franklin asked, when faced with so much corruption systemically on all levels: political, financial, and corporate/economic?

Even with educational corruption? I'm sure that venue of acculturation--particularly given the huge arrangement of decades of debt peonage of its college-bound population who have financially-bound themselves as lacking other options is a major factor. This is combined with the intentional lowering the educational standards to rake more people into educational debt. Combining the two, measured comparatively with other OECD countries on educational rankings--the US comes in at 17 of 20 now, and its student population is the most indebted in the world on average to get this very low educational attainment.

When the US will drop of out of the top two places graduating people from college by 2020 (as India and China do far better advancing far more college graduates per capita successfully even though they are much poorer countries)?

When the US has drastically dropped out of the list of the 10th most prosperous countries in the world since 2008?

When it has declined to prosecute trillions in financial fraud and U.S. military contracting fraud?

When its Federal Reserve was caught giving away free money to international organizations of banks and corporations (not just American groups), some of them being business connections of its own administrative members?

When it has bailed out "US registered" international banks and international corporations--that subsequently moved overseas just a bit more, or paid off their executive bonuses with the billions (particularly like General Motors--80 billion dollars to the company then it moves overseas many more jobs "as thanks"!?

When the federal and state governments encourage jailing of bankrupt mortgage homeowners in SWAT team raids--while the larger banker crimes who wrote corrupt mortgage agreements go free and even lecture people on financial responsibility?

When the US is an omnipresent police state, opening mail, denying travel, and even murdering U.S. citizens without trial, explanation, or care?

When it officially considers torture as part of the arsenal of power?

When its voting arrangements are entirely prone to fraud, and openly mocking people about it, at that? (As of a few days after the recent Presidential (s)election, it was clear there was systemic vote fraud was abounding on all sides.)

When its media is consolidated under 6 international corporations that refuse to talk about anything except more unconstitutional warfare and more erosion of civil rights down the road?

When official candidates to Presidential elections are arrested, and the band plays on as if nothing strange happened?

When unconstitutional wars kill thousands across over eight countries simultaneously and war profiteering of uncompetitive contracts are awarded throughout?

When veterans and dissidents are regularly "disappeared" into medical hospitals and forcibly drugged like the USSR did?

When an "untouchable though always touching" pedophile elite seems to be the pinnacle of the U.S. social stratification system of wealth, power, politics and status for generations?

These are just a few questions likely why many interpret the U.S. as an unreformable, sinking system--and why so many are altering their jurisdictional loyalties toward secession, nullification, and different more regional identities that seem such a desperate rage in this context.

To add to my litany, this old guy has 32 more questions--mostly about why Americans are accepting what Jefferson called "submission to a government without limitation of powers."


A Re-Declaration of Independence? 35 More Points Why the U.S. Constitution Fails to Work

Before we can talk about whether secession, nullification, and re-federation is desirable, we stated these were inalienable rights. Second, before we can talk about whether their uses are desirable, as Jefferson said, it is merely polite to state publicly why "in the course of human events" one group might want to separate from another.

So this section documents 35 systemic constitutional engineering problems with the U.S. Constitution in hindsight that require additional checks and balances, based on what corruptions have happened repeatedly or increasingly over 200 years.

In this Declaration of Re-Independence, I could like Thomas Jefferson recount a "train of abuses" of tyranny as I did above.

INSTEAD I give some better examples below--updated for why the U.S. federal system doesn't work anymore structurally (if it ever did at all when you think about it despite its mythology to the contrary) instead of just painting impressions like in the preamble above.

Below are systemic institutional signs that the U.S. has "lost the republic" and that the Constitution has been voided, so a novel bioregional state is called for with even more checks and balances than before--checks and balances for which the U.S. Constitution is deficient. The bioregional state in fact suggests over 60 more checks and balances to be exact in the book to label and then to solve these issues.

If the American experiment 'version one' is becoming an unreformable failure, want to try the bioregional state as 'version two'? However, I am hardly encouraging a Constitutional Convention. I am encouraging another route for reform first: get to know your bioregion first. Learn to keep that first and the rest will follow. Do that first before you ever dare once more to attempt to keep a larger Republic.
 
As said above, clear difficulties with the U.S. Constitutions are its lack of formalized secession; a clear formal statement on conditions of proper Constitutional nullification (as if it has to be said, when Amendment Ten is there; and when state sheriffs nullify federal claims in states already anyway quite legally as another option); a clear formal statement on constitutional rights to petition for inclusion based on being a territory outside that is influenced by the US government though denied any representation. These are just three structural flaws of the current U.S. Constitution that has encouraged great corruption and violence to be built into resolving constitutional issues.

So the current U.S. difficulty basically is that it leaves secession or unrepresentative impositions of the US upon others. This leaves informal warfare to decide--when secession, nullification, and re-federation should be formalized.

So many checks and balances have been removed in the United States its a social and ecological tyranny showing that its original checks and balances were insufficient to keep the republic.The bioregional state wants to add many more checks and balances--as well as add to our freedoms an Ecological Bill of Rights. Additional checks and balances should have been in 'version one' to forestall or to remove these following possibilities from ever happening.

However, the following has happened in the failed 'version one' of the American experiment:

  1. CONSTITUTIONAL/NO BILL OF RIGHTS: the removal of the Bill of Rights by bipartisan encouragement, the condition of which the US Constitution was valid and accepted by states as ratified, so in reverse, removal of the Bill of Rights ergo means that secession, nullification, or re-federation is legal. The federal government has broken the contract of conditions of ratification in this Bill of Rights only under which the US Constitution was accepted as valid.
  2. governments that kidnap, disappear, and torture internationally anybody without due process and without any legal basis
  3. Presidents that give orders to kill citizens without the judicial system intervening or even arresting such Presidents; instead, the courts neglect their duties and refuse to rule on it or throw out the constitutional case. (Constitutional cases are unable to be thrown out in the bioregional state.)  
  4. Illegal "Constitution free" zone 100 miles from the border, i.e., which includes 2/3 of the U.S. population without any Constitutional rights.
  5. FINANCIAL: a privatized central banking cartel is an illegal branch of government from 1913; the Federal Reserve is illegal under the U.S. Constitution (as is paper money unbacked by any tangible store of value currency); only the U.S. Treasury can create money; there has been no auditing of this private cartel's international criminal activities or shareholders for 99 years making the U.S. Federal Reserve an effective financial global samurai government over all government leaders and across many states worldwide.
  6. "the law that never was": the federal income tax was not ratified in 1913 though enacted and pretended that it is real (Benson's research) to give the federal government an illegal non-apportioned tax, an illegal direct tax upon people, when the federal government by the Constitution is supported to be on apportioned state taxation issues alone--yet another broken issue in the U.S Constitution.
  7. MILITARY: the demotion of civilian militias across the states
  8. the demotion of governor approval as required to use any military in police work in their states
  9. a professional, permanent army--something illegal in the Constitutions and its ongoing maintenance seeking out wars to legitimate itself is the origin of tyranny and corruption that has spread across the world from a current Constitutional inability to stop a permanent war machine. 
  10. the right of secession and nullification demoted and ignored
  11. LEGISLATURE: widespread gerrymandering corrupting the election redistricting, the voting, the conditions of competitive candidates, and with it a competitive debate process on making people's votes matter.
  12. Congress, federal versions and state versions, that conduct vote fraud openly on the floor of the Congress, by voting multiple times and stealing each others' votes--and going unpunished for vote fraud.


  13. illegal outsourced, privatized counting of the votes
  14. large national factional parties, entirely unexpected in the frameworks of the United States Constitution--that made particular checks and balances between different branches (now controlled by the same factions) unlikely. Montesquieu's ideas were dead within 10 years in the United States, as a clientelistic national party system began to void formal checks and balances to a great degree for monolithic corruption of a single party defining the history of the United States over and over when they could dominate all three branches and keep them from functioning as checks and balances on each other to check against tyranny; from the 1920s, secretive more internationalized factions dominated both major parties more and more like the RIIA, the CFR, the Bilderberg, the Trilaterals, Skull and Bones (from 1900, Bonesmen were in the President's Cabinet for the first time, brought in by Teddy Roosevelt--who additionally founded the novel FBI off French Masonry networks; Skull and Bones have been in the federal court system for much longer, since the 1870s after the Civil War; Skull and Bones had dominated several states long before that like New York and Connecticut; the federal government has little ways to keep out infiltrating subversion of such secret societies or informal parties--as it should. President Washington was worried as early as 1796 that nested secret societies without democratic aims were already infiltrating the U.S. Constitutional arrangements.
  15. legislature of the federal level ceasing to grow in number of representatives with the population as it was expected to after the turn of the 1900s; the last expansion of the House of Representatives was in 1910, frozen in time at that particular low framework of population representation/apportionment (this is very much against 'Article the First' that was deemed so important that was in the original articles of the Constitution as #1--though perhaps so important and real a check on corrupt power that it remained unpassed.
  16. the Senate going toward public election instead of connected to state governments damaged the federal balance between states and federalism toward overarching party based federalism; this destroyed the principle of federalism and checks on all levels of power 
  17. illegal defense of a two party system by the judicial system when there is no Constitutional basis for such a defense 
  18. imperial presidencies that go to war without congressional approval, while Congress merely retroactively authorizes what the executive did illegally and refuses to impeach to show the legislative is the highest branch instead of the executive. Thus Congress itself repeatedly breaks the ex post facto law in the Constitution.
  19. EXECUTIVE: presidents that serve as informal party figures for passing budgets, when this is a congressional duty
  20. the tumorous growths attached to the Presidency to grow it's bureaucratic power without any legislative checks and balances on it is a mistake; this started with the FBI in the early 1900s, upon which was added the Secret Service (an administrative adjunct of the Treasury actually), and then the Department of Alcohol, Tobacco, and Firearms; then the added CIA after WWII as another coterie of inbred families wanting secret national police powers against the previous FBI dynastic versions; then later many other secretive War/Defense Department bureaucracies of spying, and the next level the Department of Homeland Security--an effective
    Schutzstaffel ("Protection Squadron" over the federal policing of all levels (an American "SS"), known as the Department of Homeland Security.
  21. Presidents for which there are questions they are not even natural born citizens (Obama for instance; ultimately 'blackmailable' and corruptible this way to install them; Obama can't be an American citizen because he would not have been allowed into Pakistan during the time he claims he was there--when it was illegal for Americans to enter. Unless of course he was entering on a forged passport, unsurprising considering his first job out of college was with a CIA-proxy organization, according to award winning journalist John Pilger). More curiously, his earlier US Senate run had public relations documents that said he was born in Kenya. Michelle Obama gave speeches in the past saying he was born in Kenya. Obama himself has misremembered his own claimed birthday in some speeches. Obama has several social security numbers including one from 1890 for Harrison J. Bounel. Who is he? How compromised and controllable is he?)
  22. JUDICIAL: lack of judicial court reviews; corporations deputized as police and judge combined to pass judgements and sentences on people w/o judicial review; 'national security' mantras being used to hide personal corruption; illegal separate non-Constitutionally established crony 'parallel court systems,' either for any case cared to be labeled 'national security' (civilians tried before non-Constitutionally established special separate secret 'military courts') or for other parallel court systems that remove any truly transparent spy organizational oversight (FISA court).
  23. eternal public corporate person-hood (without public corporate responsibilities and without conditions of its legal death just makes such fictions a permanent tax break and a form of creation of a fictitious immortal legal puppet that are rulers of men without legal punishments for the actual men/women that animate such puppets; this dynamic was a mistake. (It was authorized by the way under Supreme Court Justice Waite--the first Supreme Court Justice in the United States who was a Skull and Bonesman).
  24. massive medical mafias run by corrupt government licensing of such monopolies that kill medical choices and competitions for consolidated profits and intentionally unsolved health problems that serve as ongoing profits of ineffective medicines that are all that are legally available
  25. federal privileges being granted to religious bodies or foundations; rewarding them off-tax privileges is a form of establishing privileges for certain religions; religions should be be taxed as any other corporate or organizational bodies as they are just a source of corruption and tax write-offs for the elite seeking a way to hide or transfer their wealth.
  26. What is called the Logan Act is repeatedly broken when U.S. politicians, media, military, or private citizens illegally meet to discuss policy in secret with governments internationally (whether in Bilderberg meetings or in other international meetings where private people are setting alliances and foreign policy with governments internationally and in practice pushing who they want want to be run as major Presidents or other legislative figures in politics in the United States.
  27. centralized media has been allowed to grow, destroying any protections of a freedom of the press that is an important check and balance culturally on the politics of the Constitution as envisioned by it, just as the Bill of Rights is an important check and balance against the hubris of unrepresentative government)
  28. MISCELLANEOUS FEDERAL EXTENSIONS: departments of national federal education and energy without the Constitutional changes that allow their legal creation; see article 10; thus unless by Constitutional accepted changes, all education and energy decisions are issues of the states alone; article 10 says it; land grant universities from federal government are another blurring of the Constitutional lines (that were by the way foisted upon the U.S. by Skull and Bones networks as well and monopolized by their dominated schools for generations in the 1800s into the early 1900s.)
  29. forced purchasing of private products will be enforced in late 2013; the bill for this health care industry bailout (which is not a health care system since it is a triage based system) and enslaved consumer purchases was unConstitutionally started in the Senate. That is the one that passed. Since the Supreme Court said it was a form of 'tax' legally, then the bill had to start in the House where all appropriation bills have to start. Instead, this started and was passed from the Senate, which makes it unConstitutional.
  30. other amendments were disappeared that were passed like banning lawyers from citizenship if they accepted foreign titles or accreditation and honors; dozens of states accepted that this was a U.S. Constitutional "13th Amendment" for 60 years until after the Civil War when the federal government papered over it from them and refused to accept it; another broken issue of the U.S. Constitution that amendments can pass that the federal level rejects, and the federal level can pretend that something passes and the states have no recourse against the pretension. These are flaws in the original U.S. Constitution.  
  31. non citizen aliens in the country getting tax privileges in almost all states and getting the citizen benefits in many states (except Missouri); there are already legal ways to enter the country; use them; if you want to pass an amnesty, do it; However, currently such non-citizen clientelism to the federal level is one of the origins of the federal tyranny alliance of support.
  32. Unconstitutional 'fast track' treaty writing by the U.S. President that illegally voids a Constitutional check and balance that the U.S. Senate has Constitutional rights of filibustering or rejection or conditional acceptance of treaties negotiated by the President; it is exclusively from those unconstitutional 'fast track' arrangements, NAFTA and other cross-border arrangements have demoted the U.S. economy by removing Congressional powers over treaty conditional acceptance or rejection into a mere rubber-stamp where treaties are virtually negotiated and passed always by the Presidency. Congress doesn't have power to pass mere laws to remove its own powers of check and balance viz-a-viz the executive. If that change is wanted it has to be a Constitutional amendment. 
  33. GATT/WTO treaties do more than simply facilitate trade, they start to set up a novel branch of global constitutional government by private corporations and required arbitration and fines on representative governments to unrepresentative corporations; trade is fine if people democratically want it though trade via the WTO is a political constitution curtailing democratic self-determination of all countries future in the interests of global feudal domination internationally from the outside by corporate monopolies that destroy markets and which are all interlinked, mystified as neutral free trade--the wolf of global corporate feudalism in the sheep's clothing of "baaa, baaa, free trade, baa baa." The WTO, negotiated under unconstitutional fast track authority in the United States, set up a  higher tier of government than the US Constitution, one that is accessible only for a particular class of people who can trump the rights of others: this "super-rights" class is those of only private bankers and investors who have now global rights of entry and exit into any country w/o monitoring or capable of being stopped by any government, as a privilege granted these feudal lords over regular citizens; meanwhile when agricultural commodities were put into the WTO (to push GMO's on the world, the U.S. corporations' idea), they wrote into the countries' contracts that when you accept the WTO you accept that you are unable to use justifications of public health to close your borders to protect your national economies from economic shakeout and domination from the outside, even if public health and local democratic self-determination are the two major issues why GMO global regimes are toxic on many levels; the WTO has set up a context of unchecked powers without redress of grievances of this placeless loyal-less global ruling class, that has even set up their own court system for them alone above existing national courts.
  34. Given the dumbing down of public schools due to streamlined education since the early 1900s, there are few of the caliber of the Framers to fix things for 'version two' of the currently broken Constitution; many in the United States are ambivalent to even the act of reading: a huge portion of the U.S. doesn't even read one book after high school for the rest of their lives; meanwhile, intentional compromised idiots without any plans, put in power as figureheads, allow those globalist planners--behind the throne, behind the redwoods, or behind the international hotel/spa/golf meetings--to rule and to further destroy democracy, republics, and regional economies, all in one fell swoop.
  35. DEMOTION OF GEOGRAPHIC CHECKS AND BALANCES: The attempt to deny local communities/counties jurisdictions from passing laws for their own public health as they see fit to their region (i.e., to remove GMOs or even label them; to remove industrial pig farming); instead their commodities become forced upon them as all supply-side biased, or, there even  items of forced purchase, they are forced to consume by the federal government (including health care forced purchases of required 'private' insurance (or in a recent bill forced purchases of private insurance just to have the right to own a gun in the State of New York--pending); thus the insurance industries are getting the direct right of taxation upon people while citizen's choices of health care are being demoted by only subsidizing certain ones by forced payments and leaving others out, instead of enhancing citizen's own market choices by such a health care policy, so its a forced purchase on two levels: of private insurance as well as forced purchase of an even less desired form of medical care; such limited choice exists under the U.S.'s  economic shakeout with a political regime that demotes actual choices in the consumptive categories, that consumers' consumption is very much involved with powers upon them by distant governments unrepresentative of their regional concerns.
  36. When the U.S. Constitution was created, travel was very difficult, and thus geographies were assumed to be permanent insulation against larger clientelistic relationships of trade and mercantile activities. States were assumed to be separate enough to develop their own geographic politics and singular leadership interests, with each geographically regional state represented in the federal government without demoting its regional autonomy of action (since the U.S. Constitution grants only limited scope to the federal arrangement, unless by amendment process, and that amendment process is simply ignored by unConstitutional legislation that deems to trump the Constitution upon which it is based making the federal government an empty pantomime of power reaching instead of a constitutional based republic. This geographic insulation as a major part of the U.S. Constitution was additionally the rationale for placing all state capitals--and the federal capital--distant from any pre-existing commercial cities and intentionally separated from them. However, within 50-60 years of the creation of the U.S. Constitution, telegraphs, trains, and steam engines on boats; and by the 20th century, mass automobiles, freeways, telephones, radio, airplanes, and the internet--have removed this geographical insulation and intent of a federated republic. Thus other more institutional means are now required to reestablish a balance between multiple geographic spaces as checks and balances on larger delocalized elite networks as intended originally. Many ways to express geographic self-interests of people have been suggested within the many checks and balances already published in Toward a Bioregional State (2005).

The bioregional state feels that a Second Constitutional Convention is out of the question (except the potential of 3/4 of state level non-legislative constitutional conventions ('article 5'--discussed before)).

Why?

Any constitutional convention under the lack of representative leadership, acculturated moderated regionalism, or an educated populace would merely be more '(de)form from above' instead of reform of the above--and that further corrupt deformation would remove even more checks and balances.

How can I be so sure? Look what they wanted in 1970, that's why.

The supremacist U.S. elite's ideals put pen to paper for what they want the Constitution (Destruction) Convention to look like in 1970 (see PART 6 of that page): a South American style police state somewhat close to what Pinochet (i.e., the US) put in place during his dictatorship in the 1970s in Chile after murdering the elected government and bombing the Presidential Palace. So see that link about the U.S. elites ideas of what kind of "Constitutional Convention" they wanted to have in 1970 to trash the U.S. Constitution. Those 1970 ideals are more dystopian even than the 35 complaints  above.

However, by hook or by crook or by luck, that generation's 1970 cynical ideas of even more tyranny was postponed until after 2001--whey they regrouped and reorganized their tyranny for formal design that was already written up. The U.S. has been living a version of that 1970 desired fascism since 2001.

If Ron Paul has 32 questions, the bioregional state has 35 questions.

The bioregional state recommends the opposite of these dystopian futures of global militarized corporate feudalization.

Instead, a wider multi-regional fleshing out of more sustainable, representative institutions and cultures on the co-bioregional level is desired.

This is an Ecological Reformation of all institutions that can take place regardless of one's opinions on the secession, nullification or refederation issues. This is the ideal future.

It is the sorely required institutional and regional checks and balances toward a group secession or nullification growing in self-determination and strength. Or, they can decide to stay since after these Ecological Reformations, there may be a greater chance of reform toward implementing better arrangements on the federal and state levels.

Coming soon: part three...


[back for editing and adding more links]

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