Archive for the ‘The Constitution’ Category
In an e-mail received tonight –
Ladies and Gentlemen,
I propose to demonstrate that in accordance with Constitutional Law the Senate of the United States of America did tonight perpetrate an unlawful and illegal act to abrogate the right of citizens of the United States to vote as guaranteed in Article 15 Clause I of the Constitution. The Congress has revealed itself, our Constitution cannot be interpreted, as it took over ten years to pass and is written in the plain language which can be amended but not abridged. Currently, the United States Senators who voted yes to an amendment of House Resolution 1424 defeated in the house, never sent to the Senate, and overwhelmingly not approved by the constituency is an act of authority made “Under Color of Law”, a crime against the country – “Under Color of Representative Authority” – not condoned in title 42 and publishable as a treasonous offense and any such law is null and of no effect.
In accordance with Article I Section no money shall be drawn from the Treasury but in Consequence of Appropriations made by law under Article I Section 9 of the Constitution. Unless they have the appropriation in hand an identified they cannot draw from the Treasury.
Additionally, each member of the Senate voting yes on this alleged Bill did in fact, with full knowledge execute an illegal act under “Color of Law” – to pass as piece of revenue legislation by amendment with full knowledge that the Bill had been defeated in the House of Representatives just two days earlier. They have complete legal understanding that only a Bill that has been properly submitted by first receiving a majority of votes in the House of Representatives could be amended and passed by the Senate. This unbelievable act of the Senate even attempts to circumvent Article I Section 7 of the Constitution, the “Origination Clause.”
Further, the yeah votes “Under Color of Representation” denied and deprived the American citizen of constitutional rights under the 14th Amendment Section 1 and the 19th Amendment Clause I which collectively protect all right reserved to the citizens and rights not to be denied or abridged which are guaranteed under Article 9 of the Constitution. These in the Congress of the United States are bound by oath under Article 6 to support the Constitution and any act not supported in the constitution is a felony lawfully considered void and of no effect.
However, we can see the silver lining in this egregious act of lawlessness. These criminals in the Senate who signed to pass this bill have a responsibility to understand the procedural requirements necessary to pass such an amendment. House Resolution 1424 is an Amendment. Clearly it is labeled as an amendment. Constitutional procedure dictates that you can Amend a Bill that has been passed. You cannot Amend a Bill which failed to pass and was therefore not properly submitted. These people have declared themselves as traitors before God and the Citizens of this country. They have attempted to sell out this country to the public corporations by assuming their private debt without the consent of the Citizens of this country. Article 15 Section 1 of the Constitution states: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” The rights of the citizens of this country to vote on this issue has clearly been abridged by this egregious act of the Senate.
To further state my interpretation of this act of the Senate, I refer to Amendment 14 Section 4 of the Constitution: “The validity of the public debt of the United States, authorized by law shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.”
I ask each of you to send this information to your representatives so that they can understand that their constituents will not tolerate this unlawful act and will seek to unseat every single Senator who voted to pass this fraudulent bill.
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Our Constitution States: “All bills for raising Revenue shall originate in the House of Representatives.”
As a result, the Senate does not have the power to initiate bills imposing taxes. Furthermore, the House of Representatives holds that the Senate does not have the power to originate appropriation bills, or bills authorizing the expenditure of federal funds.
You won’t @#$#&$%-ing believe this!
“It’s not based on any particular data point,” a Treasury spokeswoman told Forbes.com Tuesday. “We just wanted to choose a really large number.”
From Forbes
CONTACT YOUR SENATOR AND CONGRESS-PERSON NOW! THEY ARE NOT SAVING THE MARKETS – THEY ARE COVERING THEIR CRIMINAL ACTIVITIES AND YOU WILL PAY FOR IT! TELL THEM NOT TO VOTE FOR THE BAIL-OUT.
AND BY THE WAY – WHY CAN THEY FIND $700,000,000,000 TO BAIL OUT CROOKS, BUT CAN’T “FIX” NEW ORLEANS?!
The are taking YOUR money and giving it to wealthy, unscrupulous, greedy people who have proven that they cannot manage money. They have made bad investments, taken HUGE salaries, purchased multi-million dollar homes – and are being bailed out by the very people they have cheated. What about that seems like a good idea to you?
What U.S. could learn from China
It’s been called ‘financial socialism’, ‘socialism for the rich’, and ‘lemon socialism’. But whatever it’s called, the Bush administration ‘bailout’ for financial institutions is the greatest transfer of wealth from ordinary working people to the rich in world history.
The proposed program to buy a mountain of non-performing housing loans and other worthless assets from banks and finance companies will cost an estimated $700 billion to $1 trillion U.S. dollars.
This money will come from U.S. taxpayers, most of whom are ordinary workers. It amounts to taking around $2500 U.S. dollars, or 17,000 RMB, from every U.S. citizen – and giving it to the banks and finance companies.
The cost for each family of four is around $10,000 or 68,000 RMB. This money could have been used for health care, for improved education, for scientific research, for social welfare program; for environmental protect; or a myriad of other socially useful purposes.
Alternatively, it could have been used to cut taxes for ordinary people, or even to help them buy their houses. Instead it is being donated to banks and financial companies whose managements and owners are among the richest in the world. These measures represent a massive redistribution of socially -produced wealth from working and poor people to the rich.
Learning from China
The argument of the Bush administration – echoed faithfully by the U.S. media – is that there is ‘no other way’. The claim is that the U.S. system, and the jobs of U.S. workers within it, can only be safeguarded by this transfer of wealth to the banks.
In fact, this argument is incorrect.
Obviously the government must act to protect banking and finance in an economic crisis of this magnitude. But if banks are bankrupt or insolvent, a fair solution would be to buy or nationalize the banks themselves, *not* their bad debts. Then the taxpayers would receive something of value – a stabilized and accountable banking system belonging to the people instead of worthless debts.
In China, such a solution would seem almost common sense. With its socialist market economy growing at about 10% per year, Chinas’ government banks play a key role in providing a stable foundation for the financing of Chinese economic development,
But the possibility of taking over or nationalizing U.S. banks has not even been mentioned by any mainstream U.S. political figures or mainstream media.
Instead, up to a trillion dollars or taxpayer money is being donated to institutions whose managements have shown themselves incompetent to manage their own funds.
Perhaps the economic interests of the powerful wall street companies, one of whose former CEO’s is U.S. Treasury Secretary Henry Paulson, has something to do with this ‘blind spot’.`
Over the years China has resisted intense pressure from Paulson and other U.S. officials to radically deregulate its financial markets. They have lectured China repeatedly on how deregulation of financial markets, and letting foreign financial capital operate freely in China – as in the U.S. – was in Chinas best interests.
“An open, competitive and liberalized financial market can effectively allocate scarcer resources in a manner that promotes stability and prosperity far better than government intervention,” Paulson said in Shanghai in March last year. “Time is of the essence.”
Now even the U.S. has been compelled to abandon this ‘open financial markets’ approach. With the sub-prime crisis now expanded into a full-blown crisis in the western financial sector, knowledgeable Chinese experts are thankful that China never accepted this laisez fair prescription for financial regulation.
“The U.S. crisis reflects regulatory problems in the U.S. and innovative financial products that ignored basic economic rules,” former Chinese central bank deputy governor Wu Xiaoling told a financial conference in Beijing recently.”
“The U.S. crisis today would be China’s tomorrow if financial products such as securitization are introduced without proper risk-control measures.”
Chinas’ cautious attitude, government banks, and regulatory framework have helped China to restrict its losses and write-downs from the credit-market crisis to less than 1 percent of the massive global total.
The feasibility of bank nationalizations, closer regulation, and banning certain types of transactions, such as derivatives, which carry excessive risk are all lessons which can be learned from China.
Banks, financial companies, and the wealthy should not be allowed to unload their bad debts onto ordinary workers and taxpayers. It’s sheer madness to allow them to transfer a trillion dollars from workers and taxpayers to themselves.
By Eric Sommer
China
Beijing
We have had many e-mails about the post below. If you haven’t read it yet, now would be a good time to do so.
There is one section that the author highlights in his remarks, but we want to make sure it doesn’t get lost in the haystack.
THIS is what you need to be aware of –
Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.
Why isn’t this being shouted from every anchor desk from CBS to NBC to ABC to CNN to MSNBC? (We can guess why it’s not on Fox.) Where’s Lou Dobbs? Keith Olbermann? ANYBODY?!
Contact your Congressperson and Senators – tell them what you think of this plan.
This is a MUST READ for any voter in the United States. It is taken, in its entirety, with no additions or subtractions, from Mish’s Global Economic Trend Analysis, by Mike “Mish” Shedlock. Please read it, ladies and gentlemen, and read it NOW. This is what is being put forth in your name by your leaders to “save” you.
The New York Times has the Text of Draft Proposal for Bailout Plan. Given this is legislation, under fair use terms, here is the complete draft. My thoughts follow.
LEGISLATIVE PROPOSAL FOR TREASURY AUTHORITY
TO PURCHASE MORTGAGE-RELATED ASSETS
Section 1. Short Title.
This Act may be cited as ____________________.
Sec. 2. Purchases of Mortgage-Related Assets.
(a) Authority to Purchase.–The Secretary is authorized to purchase, and to make and fund commitments to purchase, on such terms and conditions as determined by the Secretary, mortgage-related assets from any financial institution having its headquarters in the United States.
(b) Necessary Actions.–The Secretary is authorized to take such actions as the Secretary deems necessary to carry out the authorities in this Act, including, without limitation:
(1) appointing such employees as may be required to carry out the authorities in this Act and defining their duties;
(2) entering into contracts, including contracts for services authorized by section 3109 of title 5, United States Code, without regard to any other provision of law regarding public contracts;
(3) designating financial institutions as financial agents of the Government, and they shall perform all such reasonable duties related to this Act as financial agents of the Government as may be required of them;
(4) establishing vehicles that are authorized, subject to supervision by the Secretary, to purchase mortgage-related assets and issue obligations; and
(5) issuing such regulations and other guidance as may be necessary or appropriate to define terms or carry out the authorities of this Act.
Sec. 3. Considerations.
In exercising the authorities granted in this Act, the Secretary shall take into consideration means for–
(1) providing stability or preventing disruption to the financial markets or banking system; and
(2) protecting the taxpayer.
Sec. 4. Reports to Congress.
Within three months of the first exercise of the authority granted in section 2(a), and semiannually thereafter, the Secretary shall report to the Committees on the Budget, Financial Services, and Ways and Means of the House of Representatives and the Committees on the Budget, Finance, and Banking, Housing, and Urban Affairs of the Senate with respect to the authorities exercised under this Act and the considerations required by section 3.
Sec. 5. Rights; Management; Sale of Mortgage-Related Assets.
(a) Exercise of Rights.–The Secretary may, at any time, exercise any rights received in connection with mortgage-related assets purchased under this Act.
(b) Management of Mortgage-Related Assets.–The Secretary shall have authority to manage mortgage-related assets purchased under this Act, including revenues and portfolio risks therefrom.
(c) Sale of Mortgage-Related Assets.–The Secretary may, at any time, upon terms and conditions and at prices determined by the Secretary, sell, or enter into securities loans, repurchase transactions or other financial transactions in regard to, any mortgage-related asset purchased under this Act.
(d) Application of Sunset to Mortgage-Related Assets.–The authority of the Secretary to hold any mortgage-related asset purchased under this Act before the termination date in section 9, or to purchase or fund the purchase of a mortgage-related asset under a commitment entered into before the termination date in section 9, is not subject to the provisions of section 9.
Sec. 6. Maximum Amount of Authorized Purchases.
The Secretary’s authority to purchase mortgage-related assets under this Act shall be limited to $700,000,000,000 outstanding at any one time
Sec. 7. Funding.
For the purpose of the authorities granted in this Act, and for the costs of administering those authorities, the Secretary may use the proceeds of the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for which securities may be issued under chapter 31 of title 31, United States Code, are extended to include actions authorized by this Act, including the payment of administrative expenses. Any funds expended for actions authorized by this Act, including the payment of administrative expenses, shall be deemed appropriated at the time of such expenditure.
Sec. 8. Review.
Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.
Sec. 9. Termination of Authority.
The authorities under this Act, with the exception of authorities granted in sections 2(b)(5), 5 and 7, shall terminate two years from the date of enactment of this Act.
Sec. 10. Increase in Statutory Limit on the Public Debt.
Subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection and inserting in lieu thereof $11,315,000,000,000.
Sec. 11. Credit Reform.
The costs of purchases of mortgage-related assets made under section 2(a) of this Act shall be determined as provided under the Federal Credit Reform Act of 1990, as applicable.
Sec. 12. Definitions.
For purposes of this section, the following definitions shall apply:
(1) Mortgage-Related Assets.–The term “mortgage-related assets” means residential or commercial mortgages and any securities, obligations, or other instruments that are based on or related to such mortgages, that in each case was originated or issued on or before September 17, 2008.
(2) Secretary.–The term “Secretary” means the Secretary of the Treasury.
(3) United States.–The term “United States” means the States, territories, and possessions of the United States and the District of Columbia.
Weep For The Taxpayer
Notice that this bill raises the national debt. Notice that the bill is supposed to take into consideration “protecting the taxpayer”.
The reality is this bill does not and cannot protect the taxpayer. Rather this bill only promises to take the taxpayer into consideration. The Treasury will indeed take the taxpayer into consideration, then immediately discard any such ideas.
Inquiring minds are also noting “The Secretary’s authority to purchase mortgage-related assets under this Act shall be limited to $700,000,000,000 outstanding at any one time.”
The idea behind the above statement is to allow for a continual dumping ground such that there will always be $700 billion in toxic garbage held under this program. As soon as any asset can be unloaded by the Treasury at cost, another toxic loan is eligible to be assumed on the books of the Treasury. This process can last for as long as two years.
Unconstitutional Provisions
Pay particular attention to section 8.
Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.
Essentially the law will state that whatever the Treasury does it is above the law. Such a provision is undoubtedly unconstitutional.
Weep For The Free Market
It’s time to Weep For The Free Market (or rather what little free market the US had left).
Weep For The Unites States of America
At taxpayer expense, Bernanke and Paulson are willing to bail out their banking buddies at enormous expense to the average taxpayer of this country. Bernanke and Paulson both should be fired. Instead Congressional sheep will baa yes to this bailout and Bush will baa yes when he signs it. It is a sickeningly sad that day for America that Congress will go along with this proposal that makes the US Taxpayer A Giant Dumpster For Illiquid Assets.
$700 billion will be wasted by this program and it is $700 billion the US does not have to waste. I ask that everyone vote against any congressman who votes for the passage of this bill.
Mike “Mish” Shedlock
http://globaleconomicanalysis.blogspot.com
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This is the foundation of our country – do you have the 10 minutes to watch this…or do you find it “boring?” Hmmmmm – interesting.
WASHINGTON (CNN) — Former terrorist suspects detained by the United States were tortured, according to medical examinations detailed in a report released Wednesday by a human rights group.
The Massachusetts-based Physicians for Human Rights reached that conclusion after two-day clinical evaluations of 11 former detainees, who had been held at the Abu Ghraib prison in Iraq, at Guantanamo Bay, Cuba, and in Afghanistan.
The detainees were never charged with crimes.
“We found clear physical and psychological evidence of torture and abuse, often causing lasting suffering,” said Dr. Allen Keller, a medical evaluator for the study.
In a 121-page report, the doctors’ group said that it uncovered medical evidence of torture, including beatings, electric shock, sleep deprivation, sexual humiliation, sodomy and scores of other abuses.
The report is prefaced by retired U.S. Major Gen. Antonio Taguba, who led the Army’s investigation into the Abu Ghraib prisoner abuse scandal in 2003.
“There is no longer any doubt that the current administration committed war crimes,” Taguba says. “The only question is whether those who ordered torture will be held to account.”
Over the years, reports of abuses at Abu Ghraib and allegations of torture at Guantanamo prompted the Bush administration to deny that the U.S. military tortures detainees.
Since only 11 detainees were examined “the findings of this assessment cannot be generalized to the treatment of all detainees in U.S. custody,” the report says.
However, the incidents documented are consistent with findings of other investigations into government treatment, “making it reasonable to conclude that these detainees were not the only ones abused, but are representative of a much larger number of detainees subjected to torture and ill treatment while in U.S. custody.”
Four of the men evaluated were arrested in or taken to Afghanistan between late 2001 and early 2003 and later were sent to Guantanamo Bay, where they were held for an average of three years before being released without charge, the report says. The other seven were detained in Iraq in 2003 and released within a year, the report says.
All the subjects told examiners that they were subjected to multiple forms of torture or ill treatment that “often occurred in combination over a long period of time,” the report says.
While the report presents synopses of the detainees’ backgrounds based on interviews with them, the authors did not have access to the detainees’ medical histories. Therefore, there’s no way to know whether any of the inmates may have had medical or mental problems before being detained.
Among the ex-detainees was an Iraqi in his mid-40s, identified only as Laith, whom U.S. soldiers took into custody in October 2003 and who was released from Abu Ghraib in June 2004. According to the report, Laith was subjected to sleep deprivation, electric shocks and threats of sexual abuse to himself and his family.
“They took off even my underwear. They asked me to do some movements that make me look in a very bad way so they can take photographs. … They were trying to make me look like an animal,” Laith told examiners, according to the report.
According to the report, Laith said the most “painful” experiences involved threats to his family: “And they asked me, ‘Have you ever heard voices of women in this prison?’ I answered, ‘Yes.’ They were saying, ‘Then you will hear your mothers and sisters when we are raping them.’ ”
The examiners concluded in the report that “Laith appears to have suffered severe and lasting physical and psychological injuries as a result of his arrest and incarceration at Abu Ghraib prison.”
Another detainee, Youssef, was detained by U.S. soldiers nearly seven years ago when he tried to enter Afghanistan from neighboring Pakistan without a passport, the report says. He initially was held in an Afghan prison, where he describes “being stripped naked, being intimidated by dogs, being hooded and being thrown against the wall on repeated occasions,” the report says.
A few months later, he was taken to the Guantanamo Bay facility, where he was subjected to interrogators who would enter his cell and force him to lie on the floor with his hands tied behind his back to his feet, the report says.
Youssef said the interrogators wanted him to confess of involvement with the Taliban, the report says.
Based on its investigation, the report calls on the U.S. government to issue a formal apology to detainees subject to torture and ill treatment by the military since fall 2001 in Afghanistan, Iraq, Guantanamo Bay and elsewhere.
The rights group also demands that the Bush administration:
• “Repudiate all forms of torture and cruel, inhuman or degrading treatment”;
• Establish an independent commission to investigate and report publicly the circumstances of detention and interrogation at U.S.-run prisons in Afghanistan, Iraq and Guantanamo Bay;
• Hold individuals involved in torturing detainees accountable through criminal and civil processes; and
• Monitor thoroughly the conditions at U.S.-run prisons all over the world.


