Sunday, November 30, 2008

A Former IRS Commissioner's Statement

Because so many people are now pushing to pass a Fair Tax here in Michigan, I was doing some research into the history of taxation. The Fair Tax Proposal can be viewed HERE.

This is a consumption TAX and will extend to things that have before been exempt from sales tax such as FOOD, SERVICES and LABOR. Consumption tax was tried in the past. Here is some history.

Excerpt from the Corporate Income Tax Act of 1909

That every corporation, joint stock company or association, organized for profit and having a capital stock represented by shares ... now or hereafter organized under the laws of the United State or of any State ... shall be subject to pay annually a special excise tax with respect to carrying on or doing business by such corporation ... equivalent to one per centum on the entire net income over and above five thousand dollars received by it from all sources during such year....

The Corporate Tax Act of 1909 (36 Stat. 11, 112) imposed an excise tax on corporations for the privilege of doing business in corporate form. However, the excise tax was measured by corporate income. Thus the act was the origin of the current corporate income tax, which has been part of our federal tax system ever since and is currently the source of about 10 percent of federal revenues.

In 1895 the Supreme Court decided that Congress could not impose an income tax directly on individuals, because that would violate the constitutional requirement that all "direct" taxes be apportioned (that is, divided in a proportionate way) among the states on the basis of their population. The 1909 act defined the corporate tax as an excise tax and therefore as an "indirect" tax that was not subject to apportionment. The constitutional problem of imposing an income tax without apportionment was resolved with the passage of the Sixteenth Amendment in 1913, so that from that point on the tax could be redefined as a direct income tax.


In the nineteenth century, federal revenues were derived primarily from tariffs, which were a form of consumption tax on imported goods. Like all consumption taxes, the tariffs were regressive (that is, imposed a heavier burden on the poor, because the poor consume a higher proportion of their income than the rich). State revenues depended primarily on property taxes, which because of enforcement difficulties were collected almost exclusively from real property. In the late nineteenth century there was a significant increase in wealth held in intangible forms, such as stocks and bonds. This wealth escaped both the federal tariff (because it was not consumed) and the state property tax (because it was intangible rather than "real").

The first income tax was imposed during the Civil War and raised significant revenues, but it was allowed to expire at the end of Reconstruction in 1872. Proponents of the income tax believed that this tax was fairer than the tariffs because it was progressive (that is, taxed the rich more than the poor) and was able to reach intangible wealth. The first post–Civil War income tax (imposed both on individuals and on corporations) was enacted in 1894 following the financial panic and recession of 1893, which was widely blamed on over-concentration of wealth (too few people holding too much wealth) and financial speculation (transactions that involve high risk). The Supreme Court struck down the 1894 tax in 1895, but proponents continued to push for an income tax. (The issue featured prominently in the election campaigns of 1896 and 1900.)

And then I found this statement by a Former IRS Commissioner.

T. Coleman Andrews served as commissioner of IRS for nearly 3 years during the early 1950s. Following his resignation, he made the following statement:

"Congress [in implementing the Sixteenth Amendment] went beyond merely enacting an income tax law and repealed Article IV of the Bill of Rights, by empowering the tax collector to do the very things from which that article says we were to be secure. It opened up our homes, our papers and our effects to the prying eyes of government agents and set the stage for searches of our books and vaults and for inquiries into our private affairs whenever the tax men might decide, even though there might not be any justification beyond mere cynical suspicion."

"The income tax is bad because it has robbed you and me of the guarantee of privacy and the respect for our property that were given to us in Article IV of the Bill of Rights. This invasion is absolute and complete as far as the amount of tax that can be assessed is concerned. Please remember that under the Sixteenth Amendment, Congress can take 100% of our income anytime it wants to. As a matter of fact, right now it is imposing a tax as high as 91%. This is downright confiscation and cannot be defended on any other grounds."

"The income tax is bad because it was conceived in class hatred, is an instrument of vengeance and plays right into the hands of the communists. It employs the vicious communist principle of taking from each according to his accumulation of the fruits of his labor and giving to others according to their needs, regardless of whether those needs are the result of indolence or lack of pride, self-respect, personal dignity or other attributes of men."

"The income tax is fulfilling the Marxist prophecy that the surest way to destroy a capitalist society is by steeply graduated taxes on income and heavy levies upon the estates of people when they die."

[As matters now stand, if our children make the most of their capabilities and training, they will have to give most of it to the tax collector and so become slaves of the government. People cannot pull themselves up by the bootstraps anymore because the tax collector gets the boots and the straps as well.]

"The income tax is bad because it is oppressive to all and discriminates particularly against those people who prove themselves most adept at keeping the wheels of business turning and creating maximum employment and a high standard of living for their fellow men."

"I believe that a better way to raise revenue not only can be found but must be found because I am convinced that the present system is leading us right back to the very tyranny from which those, who established this land of freedom, risked their lives, their fortunes and their sacred honor to forever free themselves

Wait a minute, he said that the 16th Amendment repealed Article IV of the Bill of Rights. Lets look at the Original 1835 Michigan Bill of Rights.

Search and seizure.

8. The person, houses, papers and possessions of every individual shall be secure from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation.

Acts void.

21. All acts of the legislature contrary to this or any other article of this Constitution shall be void.


§ 23 Enumeration of rights not to deny others.

Sec. 23.

The enumeration in this constitution of certain rights shall not be construed to deny or disparage others retained by the people.

So it was up to the Supreme Court to determine what the 16th Amendment really authorized.

"Evidently Congress adopted the income as the measure of the tax to be imposed with respect to the doing business in a corporate form...The annual gains of such corporations are certainly to be taken as income for the purpose of measuring the tax."

Strattion's Independence, LTD. HOWBERT, 321 US 399 (1913)

"...concluding that the classification of direct was adopted for the purposes of rendering it impossible to burden by taxation accumulations of property, real or personal, except subject to the regulation of apportionment,"

"The confusion is not inherent, but rather arises from the conclusion that the 16th Amendment provides for a hitherto unkown power of taxation; that is a power to levy an income tax which, although direct, should not be subject to the regulation of apportionment applicable to all other direct taxes. And the far reaching effect of this erroneous assumption..."

Brushaber v Union Pacific Railroad Co. 240 US 1 (1916)

Friday, November 28, 2008

Another Shephard slain, but no outcry follows

'Silence of homosexuals is deafening when it comes to their own murdering innocent people

No, not Matthew Shepard, whose murder in Wyoming a decade ago has been used by "gay" activists ever since as a reason to demand enhanced "hate" crimes for anyone who perpetrates criminal activity against a homosexual.

This case involves an innocent man who was murdered by a homosexual when the victim resisted his attacker's sexual advances.

The latest case involves Jason Shephard, 23, who was attacked and killed by Bill Smithson, an openly homosexual man, who slipped the victim the date rape drug GHD and attempted to rape him.

"When the young man resisted his sexual advances, he was strangled," reported the American Family Association of Pennsylvania.

"The American Family Association of Pennsylvania (AFA of PA), remembers another Shepard who was murdered 10 years ago in the state of Wyoming and homosexual activists used that murder to push for hate crimes laws to include 'sexual orientation,' the organization said yesterday, following Smithson's sentencing to life in prison.

But unlike with Matthew Shepard's death, there's been no outcry from the ranks of homosexual activists. FULL STORY.

Did Marc Fellhauer of Detroit WRIF Radio misquote Ambassador Ogego?

Here's what Ambassador Ogego is now saying.

"I'm already infuriated by the whole thing," he said. "The radio itself had a cynicism to it. I didn't mind that, but to misquote me is unacceptable. They are circulating misinformation regarding Mr. Obama's birthplace."

Here's what Marc asked. Listen for your self here.

Fellhauer: "One more quick question, President-elect Obama's birthplace over in Kenya, is that going to be a national spot to go visit, where he was born?"

Ogego: "It's already an attraction. His paternal grandmother is still alive."

Fellhauer: "His birthplace, they'll put up a marker there?"

Ogego: "It would depend on the government. It's already well known."

When asked if birth records for President-elect Obama exist in Kenya, Ogego replied, "I don't know about all that."

WND asked Ogego why Obama's birth records have been sealed.

"Let's not get into that," he replied. "We will not be dragged into unnecessary information. Somebody has a right to those details – the American government or the Kenyan government – if it is that important."

Ogego refused to discuss the matter further and ended the call. FULL STORY.

The First Independent Thanksgiving of the Revolution

During this time of Constitutional Crisis, Americans need to be reminded what is at steak here before they entirely give up what was so valiantly fought for so long ago. Here is a bit of history that is no longer taught in our government controlled schools.

It would be the first American Thanksgiving proclamation issued for many years that didn't end in "God Save the King," this proclamation issued in 1774 just two hundred years ago. And it would set a pattern for all future American Thanksgiving proclamations. Almost from the beginning, the colonists in New England had set aside a day in spring for fasting and prayer and, again in the autumn, a day to give thanks for the blessings of God. These mostly had been proclaimed, however, by Royal Governors on paper bearing the royal crest. But in this October of 1774, there was no hope of this. For nine years, since the time of the imposition of the aborted Stamp Tax, Britain and her American colonies had been struggling in a cold war, and it was getting hotter.

The street riots, later to be called "The Boston Massacre", when British soldiers fired on demonstrating civilians, were only four years in the past. Just ten months earlier, in December, 1773, "The Mohawks" inflamed by a new tax on tea, had swarmed over London-loaded vessels in the Boston port and dumped overboard the cargoes of tea -- tea worth L10,000 which washed up in windrows around the edges of the harbor.

The proclamation and the following Thanksgiving day were enthusiastically received. "Their edicts are implicitly obeyed," an embittered General Gage complained. On that December 15, the business of the Province shut down. The Boston Gazette reported that "two or three embittered persons of the most insignificant and contemptuous of Sects" opened their shops, but that even some British soldiers had chided them for insulting their countrymen. FULL STORY.

Google 'censoring' anti-Obama bloggers?

Writer claims Internet giant banning stories that expose president-elect
By Chelsea Schilling
© 2008 WorldNetDaily

Is Google censoring anti-Obama stories?

Pamela Gellar of Atlas Shrugs claims the search engine giant has banned her groundbreaking articles about Obama – a technique many people refer to as "sandboxing."

"There was no warning, no notice, nothing," Gellar told WND. "They have basically sandboxed me."

"I was in the top five search results before the story got legs," she said. "These stories drove 12,000 to 15,000 people to my site every day."

But now a November earnings report from shows her Google clicks and revenue flat lining since Nov. 20. Daily page impressions dropped from an average of 20,000 and 45,000 to single digits – overnight. Also, her Google images hits are slowed to only 4,720 since that day, while Yahoo and other search engines list them in the hundreds of thousands.

On July 4, Gellar featured a story about a board-certified forensic expert who declared Obama's online birth certificate a "forgery" and an "obvious fake." She attributes most of her problems with Google to that report.

"I think that it's the birth certificate story," Gellar said. "All of the sudden, my numbers were down by 10,000."

Nov. 24 Obama Birth Certificate Forgery Smoking Gun Revealed by Dr. Ron Polarik

The Honorable James David Manning states that Obama has deceived the American people because he has not shown proof of a valid US passport nor valid birth certificate. This was taken from The Temple Hour of Prayer 25 November 2008.


by Alan Stang
November 28, 2008

[Announcement: Did you know Alan Stang has a new radio show? Click here for details.]

Hyde also said this: “There are things in the Constitution that have been over taken by events, by time. The declaration of war is one of them. There are things no longer relevant to a modern society. Why declare war if you don’t have to? . . . It’s inappropriate, it’s anachronistic and it isn’t done anymore.” So Hyde was content to leave that awesome power in the hands of one man. The Founders were not.

Many Capitol sources report that when Republican leaders were reluctant to renew certain provisions of the “Patriot” Act, el presidente Jorge W. Boosh replied, “I don't give a goddamn. I'm the President and the Commander-in-Chief. Do it my way.” Told there was a valid case that the provisions in this law undermine the Constitution, Boosh allegedly screamed, “Stop throwing the Constitution in my face! It's just a goddamned piece of paper!” Needless to say, Boosh is another “conservative.”

There are only two possibilities. Either Hussein is a natural born citizen or he is not. So far, all the evidence says he is not. His grandmother says she was in the Mombasa hospital room when he was born. His half-siblings agree. His own site says he was a citizen of Kenya at birth. His step father registered him in school as a citizen of Indonesia. Last week, His Excellency Peter Ogego, Kenyan Ambassador to the United States, told WRIF Radio in Detroit that Hussein was indeed born in Kenya.

On the other side, there are some forged documents; there is no evidence. And now comes an investigator who uses the name “Ron Polarik,” probably for self-protection. “Polarik” is a Ph.D. with twenty years of experience validating documents, especially computer-generated documents. His report on the fraudulent Hussein documents is overwhelmingly exhaustive. Go to my site,, for the link to it. See what you think. FULL STORY.

Proofin' the prez: Who's in charge?

Constitutional lawyer says electors have duty to investigate citizenship
Posted: November 24, 2008
By Bob Unruh

A one-time vice presidential candidate who is considered an expert on the U.S. Constitution says it is up the electors from the 50 states to make certain President-elect Barack Obama is a natural-born U.S. citizen before they cast votes for him in the Electoral College Dec. 15.

"If they do their duty, they would make sure that if they cast a vote for Mr. Obama, that Mr. Obama is a natural-born citizen," Herb Titus, the Constitution Party's running mate to Howard Phillips in 1996, told WND today.

"I think it should be resolved. The duty is in the Electoral College. Every Obama elector that is committed to casting a vote on the 15th of December, they have a constitutional duty to make certain whether Mr. Obama is a natural-born citizen," he said.

If the electors fail their duty and Obama proves ultimately to fail the eligibility requirement of the U.S. Constitution, there would be only the laborious, contentious and cumbersome process of impeachment available to those who would wish to follow the Constitution, he suggested.

The issue of Obama's citizenship has been in the news for weeks as multiple legal claims have asserted the Democrat is not a natural-born U.S. citizen. There have been claims he was born in Kenya, that he's a British subject because of his father and that he lost his citizenship in Indonesia.

Two of the cases are pending before the U.S. Supreme Court and several others that have fallen by the wayside.

Also, thousands of people are jumping aboard a petition that demands documentation of Obama's eligibility to hold the highest office in the U.S., not just assurances from party officials.

Already, more than 75,000 petitioners have joined the effort coordinated by WND founder and editor Joseph Farah.

To participate, sign the petition here.

"Politically, [being ineligible] would be a very serious problem for [Obama,]" he said. "But there also would be people who would only shrug."

"It's up to the people. Essentially the Constitution is a covenant of the people with their government. If the people don't insist on their government officials abiding by the covenant, I don't know what you can do," he said. FULL STORY.

Wednesday, November 26, 2008

Communism v. Free Republic

I can remember growing up our teachers, Pastors, and families would remember to give thanks every Thanksgiving for our Freedoms.

Communism was viewed as something bad, something that would take away our personal liberties and destroy our country. But that’s all in the past now it seems. I talk to my own brothers and sisters who embrace Communism Socialism as something good. They want it. They support it.

Even my older brother who fought in Viet Nam, took an oath to defend and protect the Constitution of the United States from enemies foreign and domestic. Yet he voted for Obama as at least half of my family did.

So when I read articles like this one, it makes me weep.

Teary-eyed communists cheer Obama victory
Celebrate 'biggest political realignment since 1930s … first step toward a new society'

I don’t understand how the attitude of so many in this country could be changed except for the controlled education system today. Our schools no longer teach Civics as part of our children’s education starting in elementary school like I was. It isn’t even taught in high school or college today.

I spoke with a 30 something teacher who lives down the street from me about the lack of education on our founding fathers and the Constitution and she told me that it was after all an old and out dated document anyway. Teachers in the State of Michigan take the same oath as does our military, politicians, police ect. ect.

I believe that this is why the majority of people in this country aren’t concerned about the fact that President Elect Obama isn’t a natural born citizen and not eligible to hold the office of President of the United States according to our Constitution.

Orders from new president to spark lawsuit every time
Lawyer lining up plaintiff groups until citizenship dispute addressed

But then again, most people either don’t know this is being challenged because our Main Stream Media refuses to report on it. So organizations like We The People Foundation must raise money in order to place expensive adds in national News Papers like USA Today like this one. “Open Letter” to Mr. Obama.

So what will we be thankful for this Thanksgiving? The fact that the United States Congress has authorized the Private Central Federal Reserve Bank to have more control of our Monetary System placing even the unborn in debt? We Petitioned Congress under our First Amendment for Redress in 2002 and again in April 2008 only to be laughed at, ridiculed and told by the court that they don’t have to answer us.

So today we watch the Federal Reserve bail out the big Foreign banks operating in this country using our labor as collateral collected by the IRS.

That brings up another problem, Congress also passed all those Free Trade Agreements with China, Japan, Koria, ect. ect., and now our country is bleeding from the loss of manufacturing jobs that have gone overseas for cheep labor. So exactly what is Obama and the Socialists Communists going to do about that? There won’t be any jobs left in this country for organized labor, not counting government workers labor unions, to worry about.

Lets face it, UNICOR Prison Industries employees aren’t allowed to unionize, they aren’t covered by OCIA regulations, they don’t have to file income taxes and Prison Facilities don’t have to pay any Federal, State, or Local taxes including property taxes.

“Federal Prison Industries has become a growth industry. Net sales increased last year from $583 million to $678 million. Imagine that you had constituents in your hometown who worked in the office furniture industry, who worked in the textile industry, who made automotive components, who made a whole series or range of products. Many of these industries are hurting.” House Congressional Record, May 20, 2003

Well, that was in 2003, with our prison population growing each year with legislation that makes everything under the sun criminal, the growing number of unemployed desperate people, Prison Industries will continue it’s growth pattern and have plenty of cheep labor to make the products that our Free and Prosperous nation used to make.

Welcome Communist Socialist America.

Happy Thanksgiving

Tuesday, November 25, 2008

Most Consider The Web Most Reliable Source of News


Well, this says something.

A Zogby Poll, commissioned by IFC, found 37.6% of those asked consider the Internets the most reliable source of news. 20.3% consider national TV news most reliable and 16% say radio is the most reliable source.

Also revealed:

• 39.3% of those surveyed trust FOX News most for the issues they consider most important, followed by CNN with 16% and MSNBC with 15%.

• 72.6% believe the news they read and see is biased.

• 88.7% Republican and 57.5% Democrat respondents describe the news media as biased.

Zogby surveyed 3,472 adults nationwide on November 5 and 6. The poll was conducted on behalf of IFC which this week debuted a new show called The Media Project which, "reveals the truth behind TV news."

FDR's policies prolonged Depression by 7 years, UCLA economists calculate

By Meg Sullivan | 8/10/2004 12:23:12 PM

Two UCLA economists say they have figured out why the Great Depression dragged on for almost 15 years, and they blame a suspect previously thought to be beyond reproach: President Franklin D. Roosevelt.

After scrutinizing Roosevelt's record for four years, Harold L. Cole and Lee E. Ohanian conclude in a new study that New Deal policies signed into law 71 years ago thwarted economic recovery for seven long years.

"Why the Great Depression lasted so long has always been a great mystery, and because we never really knew the reason, we have always worried whether we would have another 10- to 15-year economic slump," said Ohanian, vice chair of UCLA's Department of Economics. "We found that a relapse isn't likely unless lawmakers gum up a recovery with ill-conceived stimulus policies."

In an article in the August issue of the Journal of Political Economy, Ohanian and Cole blame specific anti-competition and pro-labor measures that Roosevelt promoted and signed into law June 16, 1933.

"President Roosevelt believed that excessive competition was responsible for the Depression by reducing prices and wages, and by extension reducing employment and demand for goods and services," said Cole, also a UCLA professor of economics. "So he came up with a recovery package that would be unimaginable today, allowing businesses in every industry to collude without the threat of antitrust prosecution and workers to demand salaries about 25 percent above where they ought to have been, given market forces. The economy was poised for a beautiful recovery, but that recovery was stalled by these misguided policies." FULL STORY.

"Produce the Dog Gone Birth Certificate"

The Hon. James David Manning, PhD

James David Manning is the energetic and visionary pastor of the ATLAH World Missionary Church located in ATLAH, New York. He has founded three schools and developed a national church ministry. He holds a PhD in philosophy, the author of The Oblation Hour book, a former Marketing Executive with Proctor and Gamble and the Ford Motor Company.

Monday, November 24, 2008

The Federal Reserve Song by Richard Brown

People of Lakota Launch Private Bank for Only Silver and Gold Currencies


Hill City, Lakota - November 24, 2008 - In a stunning development, the Free & Independent People of Lakota announced today the introduction of the world's first non-reserve, non-fractional bank that accepts only silver and gold currencies for deposit.

"Today is a great day for us, a day that we begin to exercise our rights as a sovereign people with strength and pride," comments Canupa Gluha Mani, Tetuwan Council Judicial Member of the Cante Tenza "Strong Heart" Warrior Society. Mani's 2500 member warrior society has contracted to provide private security services for the Free Lakota Bank.

"We invite people of any creed, faith or heritage to unite in an effort to reclaim control of wealth. It is our hope that other tribal nations and American citizens recognize the importance of silver and gold as currency and decide to mirror our system of honest trade." Mani, also known as Duane Martin Sr, is a member of the delegation that declared Lakota independence on December 17th, 2007.

The launch of the Free Lakota Bank is also an incredible victory for StrikeForce Technologies, the access control experts providing depositor Out-of-Band Authentication. As the Free Lakota Bank does not require a name, photo identification or social security number to transact, StrikeForce's technology met the challenge of limiting fraud without requiring controversial biometric technology.

The People of Lakota invite depositors to establish accounts and invest in the Free Lakota Bank's General Investment Fund, the fund it uses to develop profitable free-market enterprise inside Lakota territory. Mani comments that the nation despises donations and charity, and instead insists instead on "earning our wealth by creating value for those that place their faith and trust in our system."

The Free Lakota Bank issues an American Open Currency Standard Approved currency, making it readily accepted for trade by over 10,000 merchants and businesses across the continent.

For more information, visit the Free Lakota Bank website at

Citigroup collapses! Banking Shutdown Possible

Remember the article I posted earlier this month titled:

A Fictional Scenario of the Future: The Final Bailout by Martin D. Weiss, Ph.D. 11-17-08

I’d like to take this opportunity to ask Citigroup about its credit card and consumer loan portfolios. Is it true that, if you value them properly, the bank is, in effect, insolvent? And I’d like to ask JPMorgan a similar question: If you value your derivatives based on actual, current market conditions, is there truth to the view that Morgan is also de-facto insolvent?

Martin Weiss wrote a script of what he perceived would happen sometime in our future. Well, CLICK HERE to read Martin's Fictional Scenario and then CLICK HERE to read today's news and Martin Weiss's newsletter.

Citigroup collapses! Banking Shutdown Possible

It pains me deeply to announce that, despite the massive government rescue, yesterday’s collapse of Citigroup could ultimately lead to a shutdown of the global banking system.

For many years, I hoped this would never happen, and I thought we might be able to avoid it.

Indeed, that’s why, my firm, Weiss Research, first began rating the safety of the nation’s banks in the early 1980s, and why I later founded Weiss Ratings, a separate subsidiary dedicated exclusively to safety ratings — on thousands of banks, insurance companies, brokerage firms, mutual funds and stocks.

And now, here we are, nearing the end of the road with the largest banks of all endangered and with no larger bank that can swallow them up. It’s a day of reckoning that leaves me no choice but to issue this three-part warning:

Despite the U.S. government’s massive Citigroup bailout, it is going to be difficult for the global banking system to survive the shock to confidence for very long.

Even if insured depositors do not pull out their funds, uninsured institutional investors are likely to run with their money, threatening to bring the system down.
And alas, even if you have your money in a safe bank with full FDIC coverage, you could be adversely impacted.

Citigroup Gets U.S. Rescue From Losses, Cash Infusion (Update1)

By Bradley Keoun

Nov. 24 (Bloomberg) -- Citigroup Inc. received a U.S. government rescue package that shields the bank from losses on toxic assets and injects $20 billion of capital, bolstering the stock after its 60 percent plunge last week.

The second-biggest U.S. bank by assets surged as much as 72.4 percent in New York trading after the Treasury, Federal Reserve and Federal Deposit Insurance Corp. announced the aid plan in a joint statement. In return for the cash and guarantees, the government will get $27 billion of preferred shares paying an 8 percent dividend. FULL STORY.

Americans Fail the Test of Civic Literacy

I found this test given by the Intercollegiate Studies Institute (ISI) and decided to see how I would score. I scored 75%.

US officials flunk test of American history, economics, civics

WASHINGTON (AFP) – US elected officials scored abysmally on a test measuring their civic knowledge, with an average grade of just 44 percent, the group that organized the exam said Thursday.
Ordinary citizens did not fare much better, scoring just 49 percent correct on the 33 exam questions compiled by the Intercollegiate Studies Institute (ISI).

Of the 2,508 Americans taking ISI’s civic literacy test, 71% fail. Nationwide, the average score on the test is only 49%.

The test contains 33 questions designed to measure knowledge of America’s founding principles, political history, international relations, and market economy.

Widespread ignorance of our nation’s history and institutions is a worrisome sign for our nation’s future. As we shall see, today’s Americans share the conviction of the Founding Fathers that civic education is important—and they are right in this conviction. Respondents who score in the top third in civic literacy, the survey shows, are more likely than those who score poorly on the test to participate in the civic life of their communities and country. CLICK HERE TO TAKE TEST.

Blog Talk Radio

Thanks to Ted for bringing Douglas V. Gibbs Blog Talk Radio Show, Political Pistachio Radio to my attention. I have posted the Multi-show player archive in the side bar for everyone to listen to.

I just finished listening to the 11/16/08 show.

Obama's Birth Certificate - Why is this question so important? Political Pistachio Radio Revolution
Character, Integrity, Honesty. Obama's failure to address the Birth Certificate question concerns some voters. Bill Ayers writes new afterword for his book proclaiming, "Obama was a family friend." Michael Steele to join RNC Leadership? Jose Compean gets 10 more years in jail! Political Pistachio - Conservative Commentary

Sunday, November 23, 2008

Statement of Congressman Ron Paul United States House of Representatives

The Austrians Were Right
November 20, 2008

At least 90% of the cause for the financial crisis can be laid at the doorstep of the Federal Reserve. It is the manipulation of credit, the money supply, and interest rates that caused the various bubbles to form. Congress added fuel to the fire by various programs and institutions like the Community Reinvestment Act, Fannie Mae and Freddie Mac, FDIC, and HUD mandates, which were all backed up by aggressive court rulings.

The Fed has now doled out close to $2 trillion in subsidized loans to troubled banks and other financial institutions. The Federal Reserve and Treasury constantly brag about the need for “transparency” and “oversight,” but it’s all just talk — they want none of it. They want secrecy while the privileged are rescued at the expense of the middle class. FULL STORY.

Ron Paul’s speech to a crowd of about 500 people, in front of the Fed building in downtown Houston. The End The Fed rally was a national event that took place at all the 38 branches and offices around the country. The people attending the event ,blame the Fed’s fiat monetary system, for the cause of the economic crisis.

End The Fed - Houston Rally with Ron Paul Pt.1

Food banks see more need, fewer donations

Al Brislain, who runs a food bank in Fort Myers, Florida, said the number of his clients has shot up 82 percent in the past two years as construction, the region's primary employer, almost ground to a halt.

"We're getting a lot of first-time callers -- people who are used to paying their mortgage, used to working, used to paying their rent and all of a sudden have lost their jobs or have been faced with increased housing costs," said Anne Wrotniewski, of the Catholic Charities/Brownson House in East Los Angeles.

"For some people it's very difficult to go to a pantry -- it's the straw that breaks the camel's back," said Paule Pachter, director of the Long Island Cares food bank. FULL STORY.

More pleas for food, fewer donations

How many paychecks are you away from Bootstraps?

That's the question Sue Gabriel wants people to ask themselves. As the executive director of Bootstraps Food Pantry in Beverly, Gabriel has seen more people reaching out for help lately, including familiar faces that went from being donors to becoming clients in this year's turbulent economy.

"We're absolutely seeing a dramatic increase in the number of families who need our services at the food pantry," Gabriel said. "The face of our clients has shifted a bit. It's not just very low income any longer. FULL STORY.

Who killed the auto industry?

To hear the media tell it, arrogant corporate chiefs failed to foresee the demand for small, fuel-efficient cars and made gas-guzzling road-hog SUVs no one wanted, while the clever, far-sighted Japanese, Germans and Koreans prepared and built for the future

I dissent. What killed Detroit was Washington, the government of the United States, politicians, journalists and muckrakers who have long harbored a deep animus against the manufacturing class that ran the smokestack industries that won World War II.

Thus when America was thrust into the global economy, GM and Ford had to compete with cars made overseas in factories in post-war Japan and Germany, then Korea, where health and safety standards were much lower, wages were a fraction of those paid U.S. workers, and taxes were and are often forgiven on exports to the United States.

All three nations built "export-driven" economies.

The Beetle and early Japanese imports were made in factories where wages were far beneath U.S. wages and working conditions would have gotten U.S. auto executives sent to prison.

The competition was manifestly unfair, like forcing Secretariat to carry 100 pounds in his saddlebags in the Derby.

How has this global economy profited or prospered America?

In the 1950s, we made all our own toys, clothes, shoes, bikes, furniture, motorcycles, cars, cameras, telephones, TVs, etc. You name it. We made it.

Are we better off now that these things are made by foreigners? FULL STORY.

See Also Death of Manufacturing

On May 20, 2003 Congress voted on "Compact Of Free Association Amendments Act Of 2003. You can read this Bill starting on page H11722.

House Congressional Record May 20, 2003 Mr Smith of Michigan page H4259.

"I want to speak for a moment about losing our manufacturing and our high-tech jobs in this country."

"All of us should be troubled about the continuing decline in manufacturing in this country. Products from China and other countries are now taking away our business. The manufacturing sector accounted for 41 percent of non-farm employment in 1946. Forty-one percent in 1946, 28 percent in 1980, 18 percent in 1990 and just 12 percent of our total economy today is manufacturing jobs.

What does this mean? This means that millions of people are being pushed out of manufacturing jobs into service sector jobs that often pay less and are less reliable."

What happens when there are no more manufacturing jobs left in America. What happens to all the American middle class who will no longer be able to support their families or keep a roof over their head. Well, our government does have a backup plan in place.

Congressional Record, May 20, 2003 Pete Hoekstra Page H4360


"Mr. Speaker, tonight I want to spend a few minutes talking about one of the fastest growing companies in America today. It pays its workers somewhere between 23 cents an hour and $1.15 an hour. It has a wide array of products. It pays no Federal Taxes, it pays no State or local taxes. As I said, it is one of the fastest growing companies in America today."

"Some may say this is what it means to create high-quality, high-paying jobs in America."

Download Flier "America, Here's Your Competition"

A Private Corporation-Owned by the Federal Government, Operated by The Department of Justice is Stealing Your Job. As if NAFTA and Free Trade agreements were not enough to hurt American manufactures - now we have this!

"The Man Who Called The Collapse"11/20/2008

Saturday, November 22, 2008

Fox: Cavuto- Cong Joe Knollenberg says its not your money

Cavuto talks about the bailout and why others will line up for money. Where does ot stop? Rep Cong Joe Knollenberg says its not your money anyway.

Hmmmmmm! Not our Money?

Cops' jobs tied to ticket totals

I read this article this morning and just couldn't refrain from posting it with the most obvious simple solution to what we all know is outright extortion. Can everyone say "Jury Nullification"?

To learn more about Jury duty at Fully Informed Jury Association web site. You may someday find yourself at the mercy of a jury, woldn't you want them to be fully informed?

You have the right to trial by jury even for traffic tickets. Instead of the Concerned Citizens of Dearborn Hights passing out fliers urging motorest to avoid driving in the city because of the "revenue generating scheme", why not hand out fliers telling drivers to demand a trial by jury, and then when called for jury duty, NULLIFY by ACQUITTING! Bring in a not guilty verdict in spite of the Ordnance or the Judges instructions to find the defendant guilty.

The jurors have the power to ignore the court's instructions and bring in a not guilty verdict contrary to the law and the facts. Horning v. District of Columbia, 254 U.S. 135, 138, 41 S.Ct. 53, 54, 65 L.Ed. 185 (1920).

Naw, that would be to simple and puts to much responsibility on each individual to take control of their employees.

Tuesday, November 18, 2008
Speed trap: Drivers beware / Second of two parts
George Hunter / The Detroit News

Some officers' performance reviews include the number of citations written per shift.

State lawmakers banned ticket quotas in 1979, but in 1988 an exception was written into the Motor Vehicle Code that allows the number of tickets written to be used in evaluations of traffic enforcement officers, as long as ticket writing is weighed equally among other job criteria.

John Whalen of Warren said he suspects police have ticket quotas.

"I got a ticket for rolling through a stop sign, and when I went to court the line was so long it looked like Kmart," he said. "There must have been 200 people paying their tickets. ... They absolutely have quotas to fill."

Ticketing tied to complex

Viar said he believes the attempt to have Shelby officers write more tickets likely was tied to a proposed $23 million police and court complex. When township officials announced the plan, they promised no taxpayer money would be used to build and maintain the facility. Instead, court fees would pay for it. FULL STORY.

Kenyan Ambassador Confirms Obama born in Kenya

November 21, 2008

Mike in The Morning, WRIF - Detroit, calls the Kenyan Embassy and learned some pretty interresting things about President elect, Barack Obama. Like where Obama was born. Listen Here.

Port of Los Angeles--the nation’s largest--is now effectively under the control of the Peoples Republic of China

By Judi McLeod Wednesday, November 19, 2008

With all eyes on Obama, Port of Los Angeles security under control of Chinese President’s son!

With all eyes on the Big O’s Office of the President-elect, very few know that the Port of Los Angeles--the nation’s largest--is now effectively under the control of the Peoples Republic of China.

The Port has purchased with $1.7 million American tax dollars via a “port security grant” awarded by the U.S. Department of Homeland security, a mobile X-ray scanning system, mounted on a Mack Truck chassis. The scanning system is owned by Nuctech Company Limited, owned outright by Hu Haifeng, the son of Chinese President Hu Jintao.

Sated with their Obama victory, the mainstream media is asleep at the switch, but eagle eye Lou Dobbs is flagging the America public’s attention.

Communist China couldn’t be any closer to America aside from moving its Army right in. FULL STORY.

December 15 - National Bill of Rights Day

On December 15, 1791, Congress passed the Bill of Rights.

The 2009 FIJA Freedom Bill of Rights Calendar is Available!

The 2009 FIJA Freedom Bill of Rights Calendar is now Available! Click Supply Shop, then Publications to order your copies today! Look for Item CAL09. For ordering more than 5 Calendars, please contact the office for your volume discount.

Friday, November 21, 2008

Obama's State Secret: His Birth Certificate!

Posted: November 21, 2008
1:00 am Eastern

So much for those pledges of "open government."

So much for those promises of "change."

So much for his upcoming oath to uphold the Constitution of the United States of America.

Barack Hussein Obama is still refusing to disclose to the American public something as innocent and as basic as his full, undoctored birth certificate to establish beyond any shadow of a doubt – and that doubt is growing daily – that he is a natural-born American citizen.

Ironically, now that the election is over, the pressure is building. A few bold members of Congress are getting interested in demanding hearings on the issue. The lawsuits are increasing. More pundits and activists are beginning to mobilize.

Beginning today, I am personally sponsoring a petition campaign right here at this Internet news source, to all controlling legal authorities to determine Barack Obama's eligibility for the presidency under Article 2, Section 1, of the Constitution and to use all of their persuasive powers to make this information freely available to the rulers of this country – we the people.FULL STORY.


By Jon Christian Ryter
November 21, 2008

Canada and Mexico have long been tied to the US economy. In 1994, the North American Free Trade Agreement was crafted at the hands of the Democratically-controlled 104th Congress—and the newly-elected Clinton Administration as their quid pro quo to the international money mafia who financed their victory. Both Canada and Mexico thought NAFTA would make them as prosperous as the United States. Mexico, at least, should have known better.

It was also a second-world power that provided the merchant princes of the United States with an unnoticed gateway, through the tariff-free provisions of NAFTA, that would allow US industrialists to export their factories to the People's Republic of China and then import products made in joint ventures between US corporations and the Chinese government through the tariff-free Mexican Port of Lazaro Cardenas. Chinese goods, masquerading as NAFTA goods from Mexico, traveled up the Trans-Texas Corridor to anxious, bargain-hunting, stupid American consumers who still fail to realize that the more Chinese or other third world products they buy the faster their job will be exported to the human capital-rich third world countries which are raising up a new generation of consumers. The discretionary income of these new consumers will come at the expense of US jobs.

What made the United States the unique, dominant nation in the world for over a century was not the strength of our military, it was our industrial strength. The United States was economically self-sustaining. Not only did we have the factories to produce all of consumer goods we needed, we had the factories to build the tools of war whenever this nation faced a military threat. FULL STORY.


By NWV News Director, Jim Kouri
Posted 1:00 AM Eastern
November 21, 2008

NewsWithViews.Com News Director Jim Kouri participated in a special news teleconference today. US Rep. Pete Hoekstra (R-MI), the top Republican on the House Intelligence Committee, held a media conference call at 10 AM this morning to discuss a matter of grave concern involving the US intelligence community and one of the most disturbing in his time leading congressional oversight of the community.

US Rep. Pete Hoekstra, R-Mich., the top Republican on the House Intelligence Committee, today strongly criticized rogue CIA employees that a CIA Inspector General's report concluded had attempted to block congressional and federal investigations into the agency's role in the shoot-down of a plane carrying the Bowers family of Muskegon, Mich.

Hoekstra expressed his frustration after personally reviewing the findings of a CIA IG report titled the "Procedures Used in the Narcotics Airbridge Denial Program in Peru, 1995-2001."

The IG report reviewed procedures used in the airbridge-denial program, including those that resulted in the deaths of Veronica "Roni" Bowers and her infant daughter, Charity, and the injury of three others on the plane carrying them, including Bowers' husband and young son.

"To say these deaths did not have to happen is more than an understatement," Hoekstra said. "The CIA knew about repeated serious issues with this program, but took no corrective actions, which could have prevented this needless tragedy. Making matters worse, the inspector general found continuous efforts to cover the matter up and potentially block criminal investigation."

"While the press conference was designed to bring this matter to the attention of all Americans, don't hold your breath waiting for the elite media to cover it. As with the Waco slaughter and the Ruby Ridge shootings by federal agents, the liberals don't care when American citizens are victims of excessive force. The only care when Americans use force on murderers, thugs and terrorists," claims political strategist Mike Baker.FULL STORY.

Republican Rep. Hoekstra accuses CIA of cover-up

WASHINGTON (CNN) -- A top Republican lawmaker is accusing employees at the U.S. Central Intelligence Agency of blocking investigations into the downing of a missionary plane in Peru that killed two Americans in 2001. FULL STORY.

11/20/2008 Peter Schiff On Fast Money - "The Man Who Called The Collapse"

Ron Paul Questions Bernanke at House Financial Services Committee

Thursday, November 20, 2008


Of all the great trials in history tried at Old Bailey in London only one is commemorated by a plaque. Located near Courtroom Number Five it reads:

"Near this site William Penn and William Mead were tried in 1670 for preaching to an unlawful assembly in Gracechurch Street.

This tablet commemorates the courage and endurance of the Jury, Thomas Vere, Edward Bushell and ten others, who refused to give a verdict against them although they were locked up without food for two nights and were fined for their final verdict of Not Guilty.

The case of these jurymen was reviewed on a writ of Habeas Corpus and Chief Justice Vaughan delivered the opinion of the court which established the Right of Juries to give their Verdict according to their conviction."

The case commemorated is Bushell's Case, 6 Howell's State Trials 999 (1670). This case is a good beginning for tracing the roots of a legal doctrine known as jury nullification.

The year was 1670 and the case Bushell sat on was that of William Penn and William Mead, both Quakers, who were on trial for preaching an unlawful religion to an unlawful assembly in violation of the Conventicle Act. This was an elaborate act which made the Church of England the only legal church. The facts clearly showed that the defendants had violated the Act by preaching a Quaker sermon. And yet the jury acquitted them against the judge's instruction. The Conventicle Act was nullified by the jury's not guilty verdict and the infuriated judge fined the jurors and jailed them until such time as their fines should be paid.

Edward Bushell and three others refused to pay the fines. As a consequence they were imprisoned for nine weeks and Bushell filed a writ of habeas corpus. He and the other recalcitrant jurors prevailed in the Court of Common Pleas, and the practice of punishing juries for verdicts unacceptable to the courts was abolished. Thus was re-established the right of jury nullification, an ancient right expressed in Magna Carta and dating from Greek and Roman times. And the jury's nullification verdict in this case, the trial of William Penn, established freedom of religion, freedom of speech, and the right to peacefully assemble. These rights became part of the English Bill of Rights, and later, part of the First Amendment to the United States Constitution. The man whom the courageous jurors had saved, William Penn, later founded Pennsylvania and the city of Philadelphia in which the Declaration of Independence and the United States Constitution were written.


Join us in Detroit as we, and peaceful activists in 39 cities across the country, participate the event that marks the beginning of the End of the Federal Reserve!

Life, Liberty and Property will not be ours until the "creature" is removed.
Read: G. Edward Griffin's "The Creature from Jekyll Island"

Federal Reserve Office Building
1600 East Warren
about 3 blocks east of I-75
Detroit, Michigan

This Saturday November 22 (Date of JFK assassination and Jekyll Island meeting) Activities begin at 2 PM, but come a little early.
Make your own signs or just join us. There will be plenty of extra signs.

If you live in another State, see site for a rally near you:
See list of who's endorsing this National Rally (panel on left)...great videos too!

This will begin a campaign of support for the passage of
H.R. 2755, Federal Reserve Board Abolition Act

HR 2755 IH
1st Session
H. R. 2755
To abolish the Board of Governors of the Federal Reserve System and the Federal reserve banks, to repeal the Federal Reserve Act, and for other purposes.
June 15, 2007

Mr. PAUL introduced the following bill; which was referred to the Committee on Financial Services

FIAT EMPIRE - Why the Federal Reserve Violates the U.S. Constitution

"Media Malpractice... How Obama Got Elected"

On November 4th, 2008 millions of Americans were shocked that a man of Barack Obama's limited experience, extreme liberal positions and radical political alliances could be elected President of the United States. For many of these Americans, the explanation was rather simple... the news media, completely enamored with Obama, simply refused to do their job.

On Election day twelve Obama voters were interviewed extensively right after they voted to learn how the news media impacted their knowledge of what occurred during the campaign. These voters were chosen for their apparent intelligence/verbal abilities and willingness to express their opinions to a large audience. The rather shocking video below seeks to provide some insight into which information broke through the news media clutter and which did not.

All of this was conducted for a forthcoming documentary on how the news media impacted the 2008 election. Please get on our mailing list and return to this website in the coming months for more information on the film, "Media Malpractice... How Obama Got Elected"

Tuesday, November 18, 2008

Vice President, Former AG, State Senator Indicted

HOUSTON -- A South Texas grand jury has indicted Vice President Dick Cheney and former Attorney General Alberto Gonzales on charges related to the alleged abuse of prisoners in Willacy County's federal detention centers.

The indictment criticizes Cheney's investment in the Vanguard Group, which holds interests in the private prison companies running the federal detention centers. It accuses Cheney of a conflict of interest and "at least misdemeanor assaults" on detainees by working through the prison companies.

Gonzales is accused of using his position while in office to stop an investigation into abuses at the federal detention centers.

Another indictment charges state Sen. Eddie Lucio Jr. with profiting from his public office by accepting honoraria from prison management companies.

The indictments were first reported by KRGV-TV.

Cheney, Gonzales indicted in South Texas county

Nov 18, 10:18 PM (ET)


McALLEN, Texas (AP) - Vice President Dick Cheney and former Attorney General Alberto Gonzales have been indicted on state charges involving federal prisons in a South Texas county that has been a source of bizarre legal and political battles under the outgoing prosecutor.
The indictment returned Monday has not yet been signed by the presiding judge, and no action can be taken until that happens.

Cheney is charged with engaging in an organized criminal activity related to the vice president's investment in the Vanguard Group, which holds financial interests in the private prison companies running the federal detention centers. It accuses Cheney of a conflict of interest and "at least misdemeanor assaults" on detainees because of his link to the prison companies. Full Story.

UNICOR PRISON INDUSTRIES which is operated under the Department Of Justice is one of the fastest growing and profitable business in the United States today. See UNICOR HERE. See Michigan State Prison Industries Here.

AMERICA Here's Your Competition. Flyer Download
A Private Corporation-Owned by the Federal Government and Operated by The Department of Justice is Stealing Your Job!

Prison Industries exists not as a tool to rehabilitate criminals, Prison Industries is a very profitable business that even the Vice President of the United States profits from. Maybe now the American people will wake up to why we have so many non-violent victimless crimes and the highest incarceration in the world, at Taxpayers expense with profits going into politicians pockets.

Vanguard Group, Inc. and American Century Investment Management Face Lawsuits over Gambling Investments
The Vanguard Group, Inc. and American Century Investment Management Inc. are facing separate class-action lawsuits over losses allegedly sustained by mutual fund investments in illegal online gambling businesses. Thomas I. Sheridan III, an attorney with the New York-based Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP, one of the law firms representing plaintiffs in both cases, estimated that both firms' funds sustained capital losses in excess of $10 million after the government arrested principals of those gambling enterprises in a crackdown that began in 2006. The funds involved were the $32.5 billion Vanguard European Stock Index fund, the $6.5 billion Vanguard Global Equity fund and American Century's $7.5 billion Ultra fund. The lawsuits allege that by causing fund investors to become owners of illegal gambling businesses, those firms and responsible individuals cited as defendants violated both their fiduciary duties and the Racketeer Influenced and Corrupt Organizations Act. The suit against Vanguard Group was filed in U.S. District Court in Southern New York, while the suit against American Century was filed in U.S. District Court in Northern California. Vanguard and American Century announced that they believe the lawsuits are `without merit' and promised to defend themselves `vigorously'.

Home-school family harassed by social worker

A home school legal advocate is disturbed by the recent actions of a social worker in Florida.

According to Kris Klicka of the Home School Legal Defense Association (HSLDA), a social worker in Miami, Florida, overstepped the boundary of law when she demanded to interview a home schooler's children. He says the social worker showed up at the family's home when the father was at work -- and out of fear and intimidation, the mother let the social worker into the home to interview her children, even though the worker neither had a warrant nor would disclose why she was there.

The social worker -- according to HSLDA -- then partially stripped the children and searched them, but found nothing.

During the ordeal, the mother called Klicka for legal advice. Klicka was able to talk with the social worker and inform her that she was violating federal law. Full Story.

Judge says tech-addled jurors undermine justice

By John Ozimek

Comment After years of complaints that judges may not always be in touch with the modern world, one judge hit back last week by suggesting that younger jury members may be too conditioned by technology to give defendants a fair trial. Worse, they are so used to doing their own research online that they have wrecked several major trials.

The problem, according to Lord Chief Justice, Lord Judge of Draycote is that most young people get their information from the internet. He said: "They are not listening. They are reading.

An even more spectacular debacle occurred in August, when Judge David Hodson abandoned a manslaughter trial at Newcastle Crown Court, after a middle-aged juror turned sleuth and carried out his own investigations. These involved visiting the site of the alleged crime, taking photos, taking measurements of a fence critical to the case and researching his own theories on the internet, before persuading the jury to hand a list of 37 "key questions" to the judge."
Read More.

The great debate of the power of juries rages on.


By Rachel E. Barkow

But it is not just legal scholars who have expressed worries about jury nullification because of concerns grounded in administrative law principles. Despite the fact that the Constitution protects jury nullification by making verdicts of acquittal unreviewable under the Double Jeopardy Clause of the Fifth Amendment, courts have sought limits on the jury’s power that roughly track the emergence of the administrative state and the growing prevalence and influence of administrative

Lets take a look at the guidelines that the Sixth Circuit relies on regarding jury instructions.

The jurors have two main duties. First, they must determine from the evidence what the facts are. Second, they must take the law stated in the court's instructions, apply it to the facts and decide whether the facts prove the charge beyond a reasonable doubt. See Sparf v. United States, 156 U.S. 51, 102-107, 15 S.Ct. 273, 39 L.Ed. 343 (1895); Starr v. United States, 153 U.S. 614, 625, 14 S.Ct. 919, 923, 38 L.Ed. 841 (1894).

This is from the same case, the part that the Sixth Circuit ignores.

SPARF AND HANSEN v. UNITED STATES., 15 S. Ct. 273, 156 U.S. 51 (U.S. 01/21/1895)


[2] No. 613

[3] 15 S. Ct. 273, 156 U.S. 51, 39 L. Ed. 343, 1895.SCT.40036

[4] decided: January 21, 1895.

[34] In Georgia v. Brailsford, 3 Dall. 1, 4, a case in this court tried by a special jury upon an amicable issue, Chief Justice Jay is reported to have said: "It may not be amiss here, gentlemen, to remind you of the good old rule, that on questions of fact it is the province of the jury, on questions of law it is the province of the court to decide. But it must be observed that by the same law, which recognizes this reasonable distribution of jurisdiction, you have nevertheless a right to take

[ 156 U.S. Page 65]

upon yourselves to judge of both
, and to determine the law as well as the fact in controversy. On this, and on every other occasion, however, we have no doubt you will pay that respect which is due to the opinion of the court; for as, on the one hand, it is presumed that juries are best judges of facts, it is, on the other hand, presumable that the courts are the best judges of law. But still both objects are lawfully within your power of decision."

The next case found in the Sixth Circuit Criminal Jury Instructions is:

The jurors have the power to ignore the court's instructions and bring in a not guilty
verdict contrary to the law and the facts. Horning v. District of Columbia, 254 U.S. 135, 138, 41 S.Ct. 53, 54, 65 L.Ed. 185 (1920).

The defendant in this case was appealing the judges instructions implied that the jury had no choice but to convict. Here is the decision of the court.

HORNING v. DISTRICT COLUMBIA, 41 S. Ct. 53, 254 U.S. 135 (U.S. 11/22/1920)


[2] No. 77

[3] 41 S. Ct. 53, 254 U.S. 135, 65 L. Ed. 185, 1920.SCT.40604

[4] November 22, 1920

The question relates to the charge of the judge. The judge said to the jury that the only question for them to determine was whether they believed the concurrent testimony of the witnesses for the Government and the defendant describing the course of business that we have stated and as to which there was no dispute. Those facts,

[ 254 U.S. Page 138]

he correctly instructed them, constituted an engaging in business in the District of Columbia. This was excepted to and the jury retired. The next day they were recalled to Court and were told that there really was no issue of fact for them to decide; that they were not warranted in capriciously saying that the witnesses for the Government and the defendant were not telling the truth; that the course of dealing constituted a breach of the law; that it was their duty to accept this exposition of the law; that in a criminal case the Court could not peremptorily instruct them to find the defendant guilty but that if the law permitted he would. The Court added that a failure to bring in a verdict could only arise from a flagrant disregard of the evidence, the law, and their obligation as jurors. On an exception being taken the judge repeated that he could not tell them in so many words to find the defendant guilty but that what he said amounted to that; that the facts proved were in accord with the information and that the Court of Appeals had said that that showed a violation of law.

[16] This was not a case of the judge's expressing an opinion upon the evidence, as he would have had a right to do. Graham v. United States, 231 U.S. 474, 480. The facts were not in dispute, and what he did was to say so and to lay down the law applicable to them. In such a case obviously the function of the jury if they do their duty is little more than formal. The judge cannot direct a verdict it is true, and the jury has the power to bring in a verdict in the teeth of both law and facts. But the judge always has the right and duty to tell them what the law is upon this or that state of facts that may be found, and he can do the same none the less when the facts are agreed. If the facts are agreed the judge may state that fact also, and when there is no dispute he may say so although there has been no formal agreement. Perhaps there was a regrettable peremptoriness of tone --

[ 254 U.S. Page 139]

but the jury were allowed the technical right, if it can be called so, to decide against the law and the facts -- and that is all there was left for them after the defendant and his witnesses took the stand. If the defendant suffered any wrong it was purely formal since, as we have said, on the facts admitted there was no doubt of his guilt. Act of February 26, 1919, c. 48, 40 Stat. 1181, amending § 269 of the Judicial Code; Act of March 3, 1911, c. 231, 36 Stat. 1087.

[17] Judgment affirmed.

However, not all the court agreed with this decision.

[18] MR. JUSTICE McREYNOLDS dissents.

[19] MR. JUSTICE BRANDEIS, dissenting.

[20] It has long been the established practice of the federal courts that, even in criminal cases, the presiding judge may comment freely on the evidence and express his opinion whether facts alleged have been proved. Since Sparf v. United States, 156 U.S. 51, it is settled that, even in criminal cases, it is the duty of the jury to apply the law given them by the presiding judge to the facts which they find. But it is still the rule of the federal courts that the jury in criminal cases renders a general verdict on the law and the facts; and that the judge is without power to direct a verdict of guilty although no fact is in dispute. United States v. Taylor, 11 Fed. Rep. 470; Atchison, Topeka & Santa Fe Ry. Co. v. United States, 172 Fed. Rep. 194. What the judge is forbidden to do directly, he may not do by indirection. Peterson v. United States, 213 Fed. Rep. 920. The judge may enlighten the understanding of the jury and thereby influence their judgment; but he may not use undue influence. He may advise; he may persuade; but he may not command or coerce. He does coerce when without convincing the judgment he overcomes the will by the weight of his authority. Compare Hall v. Hall, L.R. 1, P. & D. 481, 482.

[ 254 U.S. Page 140]

The character of the charge in this case is illustrated by the following paragraph:

[21] "In conclusion, I will say to you that a failure by you to bring in a verdict in this case can arise only from a wilful and flagrant disregard of the evidence and the law as I have given it to you, and a violation of your obligation as jurors. . . . Of course, gentlemen of the jury, I cannot tell you, in so many words, to find defendant guilty, but what I say amounts to that."

[22] In my opinion, such a charge is a moral command, and being yielded to, substitutes the will of the judge for the conviction of the jury. The law which in a criminal case forbids a verdict directed "in so many words," forbids such a statement as the above.*fn1

[23] It is said that if the defendant suffered any wrong it was purely formal; and that the error is of such a character as not to afford, since the Act of February 26, 1919, c. 48, 40 Stat. 1181, a basis for reversing the judgment of the lower court. Whether a defendant is found guilty by a jury or is declared to be so by a judge is not, under the Federal Constitution, a mere formality. Blair v. United States, 241 Fed. Rep. 217, 230 .The offence here in question is punishable by imprisonment. Congress would have been powerless to provide for imposing the punishment except upon the verdict of the jury. Callan v. Wilson, 127 U.S. 540; Thompson v. Utah, 170 U.S. 343. I find nothing in the act to indicate that it sought to do so.

[24] Because the presiding judge usurped the province of the jury, I am unable to concur in the judgment of the court.

[25] THE CHIEF JUSTICE and MR. JUSTICE DAY concur in this dissent.

The courts continue to usurp the power of Jury Nullification by refusing to fully inform Jurors of their Power and Duty as the acting body of Government who's authority is above the Judge, Legislators, and even the President.

But they should not be told by the court that they have this power. United States v. Krzyske, 836 F.2d 1013, 1021 (6th Cir.), cert. denied, 488 U.S. 832, 109 S.Ct. 89, 102 L.Ed.2d 65 (1988) 1988); United States v. Avery, 717 F.2d 1020, 1027 (6th Cir.1983),cert. denied, 466 U.S. 905, 104 S.Ct. 1683, 80 L.Ed.2d 157 (1984); United States v. Burkhart,501 F.2d 993, 996-997 (6th Cir.1974), cert. denied, 420 U.S. 946, 95 S.Ct. 1326, 43 L.Ed.2d 424(1975).

They should instead be told that it is their duty to accept and apply the law as given tothem by the court. United States v. Avery, supra at 1027.

To learn more about Jury duty at Fully Informed Jury Association web site. You may someday find yourself at the mercy of a jury, woldn't you want them to be fully informed?

Not So Sharpe: Pennsylvania Man Jailed and Forced to Pay $12,000 for a Child for Another Man Over Seven Years

Over the last seven years, Walter Andre Sharpe Jr. has been forced to pay $12,000 in child support, jailed four times and estranged from his four children. It all began to unravel seven years ago when he signed a certified letter from Dauphin County Domestic Relations in 2001 and found himself covering the support of a child of another man. In the meantime, the real father — Andre Sharpe — has been living with the girl for the last four years.

This nightmare did not end unitl May 2007 when a judge reversed a finding that Sharpe was the father. But the state agency refuses to seek the return of the money and there appears to be no action planned against the real parents who let this poor sucker get drained and jailed for their daughter’s support.

During his incarcerations and job terminations, Sharpe had trouble maintaining his real family. In May 2005, his 15-year-old son, Walter Andre Sharpe III, was murdered by a robber in Norristown. Read More.

Man pays for county mistake

He lands in jail and loses job over wrong ID in support case

Sunday, November 16, 2008
Of The Patriot-News

When Walter Andre Sharpe Jr. signed for a certified letter from Dauphin County Domestic Relations in 2001, he didn't know he was signing on for a seven-year nightmare.

Since then, the Philadelphia man has been thrown in jail four times, lost his job, become estranged from his four children and spent more than $12,000 to support the child of another man. Full Story.

The biggest bank heist ever!


With every passing day of economic woe, the scale of the heist just perpetrated against America's taxpayers by the country's largest banks becomes more apparent.

In the shadow of the presidential election, the nine biggest banks were given $125bn of taxpayer money with the understanding they would send this fresh capital coursing into the economy in the form of loans. It was a plan inspired by Gordon Brown's decision to recapitalise Britain's main banks.

Unfortunately, the US government forgot to get the lending requirement in writing. Instead, the banks are sitting on the money, earning interest and mulling mergers and acquisitions and replenishing bonus pools for their employees. Full Story.

Ron Paul on FOX News Cavuto 11/15/2008

Everybody wants to interview Ron Paul on the economy these days.

Monday, November 17, 2008


Some Preliminary Questions and Answers

Q. How could Congress eliminate the Federal Reserve System?

A. Section 31 of the present Federal Reserve Act provides that "The right to amend, alter, or REPEAL this Act is hereby expressly reserved," (emphasis added). Originally, this provision was set forth in Section 30, but since 1978, when another section was added, it has been designated as Section 31.

Q. Would this require a Constitutional amendment or merely an act of Congress?

A. It would require only an act of Congress.

Q. Would it require a two-thirds majority or just a simple majority?

A. The Federal Reserve Act could be repealed by a simple majority in the House and the Senate.

Q. If the Federal Reserve Act was repealed, would the federal government have to buy back its stock?

A. Yes.

Q. How much would that cost?

A. Less than $3 billion.

Q. Would the United States then acquire all of the assets of the Federal Reserve System?

A. Yes. Section 7 says that if the Federal Reserve banks are dissolved or liquidated, the surplus after debts becomes the property of the United States.

Q. What are those assets and how much are they worth?

A. According to the March, 1982, Federal Reserve Bulletin, current assets amount to $168.5 billion. The gold listed in the assets is worth an additional $92 billion based on today's prices. This makes a total of $250 billion worth of assets which would be returned to the U.S. Government.

Q. If the Federal Reserve Act was repealed, who would be responsible for managing the money system?

A. The five trustees of the proposed National Monetary Fund. The Monetary Fund would be a branch of the U.S. Treasury.

Q. Would the trustees issue new money?

A. Yes. They would issue United States currency redeemable in gold or silver.

Q. Does this mean we would then be back on the gold standard?

A. Yes. Congress would designate the quantity of gold which each dollar bill would represent. Two grains would be a practical amount. Then each dollar bill would say: "This United States Note is redeemable, upon demand, with two grains of gold, or the same value in silver at the prevailing market price." This would make American currency "as good as gold." Read More.

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A Fictional Scenario of the Future: The Final Bailout

by Martin D. Weiss, Ph.D. 11-17-08

We have come to a major crossroads in the history of our nation, a time when you must understand all the relevant events in far greater depth, and see the likely future with far greater clarity.

Indeed, I feel this need is so critical and urgent, I am providing you this morning with the most elaborate gala issue in the history of Money and Markets.


Volcker: Absolutely. Let’s bring this back to the present by asking this question: Is this the direction you want to take the country? If anyone in this room is willing to take that risk, say so now or forever hold your peace.

Because that’s the fork in the road we are now approaching — the end of the fast lane we’ve been on. I’m referring to the fast lane of open-ended government bailouts. The fast lane of “consistent messaging” to cover up the true cause — and the true consequences — of these bailouts.

Mr. Secretary, never forget: Millions of investors, mostly overseas, have put their faith in U.S. government securities. They’ve loaned you their money because they trusted you, the U.S. Treasury Department. If you continue to pour their money into these bailouts, what do you think their reaction will be?

What makes you believe that they’ll respond any differently than they did in 1980, when they disappeared from the U.S. government security market or, worse, dumped their bonds in fear? What makes you believe you can stop the cancer of mistrust from spreading to 1500 Pennsylvania Avenue — to the U.S. Treasury Department itself? Full Story.

EDITORIAL: When billions become trillions

Monday, November 17, 2008
The Federal Reserve, the Treasury Department and the Democratic Party seem to be in a race to see who can flaunt more money at more suppliants in quicker time with less thought.

When the Federal Reserve and the Treasury Department decided to put $30 billion into Bear Stearns in March, Fed Chairman Ben Bernanke and Treasury Secretary Henry Paulson said they were "pleased" with their efforts to "promote liquid, well-functioning financial markets." There were no warnings from the two financial chiefs that more trouble was ahead.

In July, Congress started asking questions about Fannie Mae and Freddie Mac. Mr. Paulson said: "Their regulator has made clear that they are adequately capitalized," even as a former Federal Reserve president warned they were already insolvent. A month later, Mr. Paulson admitted $200 billion (and maybe more) would be needed to bail out the two mortgage giants. From there the landslide began. There was $700 billion to buy toxic mortgages and other assets from banks. Another $25 billion in loans went to the American automotive industry. Taxpayers were paid $168 billion in stimulus checks in February. All told, the federal government has shelled out $1.148 trillion on top of a $454 billion-closing-budget deficit.

The handwriting was on the wall at the start of the year. While first-quarter receipts for fiscal 2008 reached a record-high $606 billion, outlays for that quarter were also a record, at $712 billion. As the situation worsened, Mr. Paulson said nothing and did nothing. Full Story.

Sunday, November 16, 2008

Constitutional crisis' looming over Obama's birth location

Alan Keyes lawsuit warns America may see 'usurper' in Oval Office

Posted: November 14, 2008
8:40 pm Eastern
By Bob Unruh
© 2008 WorldNetDaily

The California secretary of state should refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until President-elect Barack Obama verifies his eligibility to hold the office, alleges a California court petition filed on behalf of former presidential candidate Alan Keyes and others.

The legal action today is just the latest is a series of challenges, some of which have gone as high as the U.S. Supreme Court, over the issue of Obama's status as a "natural-born citizen," a requirement set by the U.S. Constitution.

The petition is a request for the Superior Court of California in Sacramento County to issue a peremptory writ barring Secretary of State Debra Bowen "from both certifying to the governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that Senator Obama is a 'natural born' citizen of the United States and does not hold citizenship of Indonesia, Kenya or Great Britain Full Story.