Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts

Saturday, August 8, 2009

YOU Will Take Socialized Medicine and Like It!






First, Obama has to convince everyone in America that the greatest health care in the world is a “mess.” It is NOT.


Then he has to convince everyone in America that someone else, namely his opponents, made that mess. There is NO mess to be responsible for.


Then he has to scare enough Americans into begging the government to take care of them, as only HE can do it.


The problem Obama is encountering is that most Americans are taking care of themselves and do NOT want the government to get in their personal business.


Obama wants his opponents to get out of his way and shut up.


Americans want the government to get out of our way and Obama to shut up.


This president has shown in six agonizing months that he has little regard for the First Amendment/FREE SPEECH, including political speech, the Second Amendment/Gun Ownership Rights, The Fourth Amendment/Search and Seizure Protections, has side-stepped the oversight of Congress on Cabinet appointees by hiring czars who report only to him, and has tried to bypass the people’s will by forcing their elected officials to vote on bills they haven’t read, in such a short time as to prohibit our representatives from learning what is contained in the bills they vote on. All-in-all, a flagrant disregard of the United States Constitution.


This can not be out of ignorance, as the president has boasted many times that he taught Constitutional law at Columbia University. He simply prefers a dictatorship, or so it seems. This whole “We the People” thing is getting in his way, making it harder to construct his version of Otopia in America.


We the People will not stand for it. We will stand for our system of self-government and self-reliance, keeping our freedom which we hold more dear than any “topias”.


Any person who does not care to abide by the Constitution of the United States is living in the wrong country, for this document will stand as long as Americans have breath in their bodies. Obama is nothing more than a blip in American history. The day will come when he is gone from the scene and we will all have to live with the messes he created. The smartest action to take is to nip it in the bud right now. Limit the amount of damage this one man can do in four years. Stand and fight just as tenaciously as any military soldier would in a field of fierce battle. This is our plight. This is our fight.


Be vigilant. Be wise. Be strong. Be free.


(The only new American Revolution will be Americans revolting against this administration’s efforts to force socialism or worse on us.)

Thursday, August 6, 2009

9/12 MARCH ON WASHINGTON, D.C. - 2




The time has come! ACORN has met it’s match. Americans for freedom, individual liberty, small uninstrusive government, lower taxes, individual responsibility and a free market are marching on Washington, D.C. September 12, 2009 to make their voices heard.

Visit: http://912dc.org/ for more information.
Go if you possibly can!

No doubt the main stream news media will not cover this event adequately, leaving the impression that nothing of any consequence happened. Go if you are able. Take a video camera and document the entire protest. Post that video on YouTube for everyone to see. Bypass the main stream media.

Call and write the main stream media and demand that they cover the protests against the current government activities that are un-Constitutional, illegal, instrusive, freedom-stealing and downright suffocating.

We’ve been calling the government officials on the carpet, but we’ve forgotten to do the same with the main stream media who are aiding and abetting the Obama administration’s efforts to change America into a third-world country with debt-burdened, unemployed and enslaved citizens, like Cuba.

Every day, let’s all contact the same news media and pressure them to cover Obama’s opposition to the same extent that they covered Pres. Bush’s opposition. Let’s demand that they cover us as much as they covered Michael Moore’s diatribes.

Today’s news media in the cross-hairs is:


ABC

500 S. Buena Vista St.

Burbank, California 91521-4551

818-460-7477

abc.g0.com



Tell them you want to see most, if not all, of the Tea Party protests, the 9/12 March on Washington, D.C. and the town meetings. Insist they give accurate attendance numbers and honestly report on the protests without spinning them as insignificant, violent or nut-cases.

Tomorrow, we’ll contact another news media.

Wednesday, August 5, 2009

Fourth Amendment Rights/Cash for Clunkers




A reader commented on the previous post about the Cash for Clunkers a Gov’t Worm Hole. The point was worth researching and discussing, so here it is.

The comment stated that Beck was off base with his conclusions about the agreement that must be provided before a “Cash for Clunkers” participant could continue with the transaction online at the cars.gov web site.

Comment:

“These disclaimers on gov’t computers are necessary due to the Wiretapping Act. It is illegal to monitor the activities of a user without their consent. To do the necessary monitoring (if your site is defaced you want to try to figure out who did it, y’know?) you must allow everyone an opportunity to leave without entering. That’s all. We’ve had a similar disclaimer here for 15 years.”

Everyone can agree that any computer must be protected from hostile activity and employ a program to identify the perpetrator. Disclaimers must make consumers aware and give them the opportunity to leave the web site without giving up their Fourth Amendment Rights. No problem here.

The cars.gov web site goes far beyond what is necessary in the following paragraph, which consumers are obliged to agree to if they participate in the Cash for Clunkers program:

“This application provides access to the DoT CARS system. When logged on to the CARS system, your computer is considered a Federal computer system and is the property of the U.S. Government. Any or all uses of this system and all files on this system may be intercepted, monitored, recorded, copied, audited, inspected, and disclosed to authorized CARS, DoT, and law enforcement personnel, as well as authorized officials of other agencies, both domestic and foreign. ”

This agreement usurps your Fourth Amendment Right and waives your rights under the Wiretap Act, Privacy Act, etc.

See

http://ilt.eff.org/index.php/Privacy:_Statutory_Protections



(portions)

Privacy: Statutory Protections
From Internet Law Treatise

With the passage of the USA PATRIOT Act, the Homeland Security Act and other laws focused on national security, Congress has been active in changing the legal landscape for access to real-time and stored communications. Despite these amendments, detailed below, the legal regime for obtaining wiretaps and stored communications remains ambiguous.



Privacy: Searching and Seizing Computers
From Internet Law Treatise

Reasonable Expectation of Privacy

Accessing information stored in a computer ordinarily will implicate the owner’s reasonable expectation of privacy in the information. See United States v. Barth, 26 F. Supp. 2d 929, 936-37 (W.D. Tex. 1998) (finding reasonable expectation of privacy in files stored on hard drive of personal computer); United States v. Reyes, 922 F. Supp. 818, 832-33 (S.D.N.Y. 1996) (finding reasonable expectation of privacy in data stored in a pager); United States v. Lynch, 908 F. Supp. 284, 287 (D.V.I. 1995) (same); United States v. Chan, 830 F. Supp. 531, 535 (N.D. Cal. 1993) (same); United States v. Blas, 1990 WL 265179, at *21 (E.D. Wis. Dec. 4, 1990) (”[A]n individual has the same expectation of privacy in a pager, computer, or other electronic data storage and retrieval device as in a closed container.”). See also United States v. Long, 64 M.J. 57 (CAAF 2006) (finding REOP in emails defendant sent from her office computer and in emails stored on government server); Quon v. Arch Wireless, 445 F.Supp.2d 1116 (C.D. Cal. 2006) (gov’t employee had REOP in text messages sent through his city-owned pagers).

The Tenth Circuit has cautioned that “[b]ecause computers can hold so much information touching on many different areas of a person’s life, there is greater potential for the ‘intermingling’ of documents and a consequent invasion of privacy when police execute a search for evidence on a computer.” United States v. Walser, 275 F.3d 981, 986 (10th Cir. 2001). But see United States v. Gorshkov, 2001 WL 1024026, at *2 (W.D. Wash. May 23, 2001) (holding that defendant did not have a reasonable expectation of privacy in use of a private computer network when undercover federal agents looked over his shoulder, when he did not own the computer he used, and when he knew that the system administrator could monitor his activities).

In the offline world, the U.S. Supreme Court has recognized legitimate privacy interest in confidential letters. United States v. Jacobsen, 466 U.S. 109, 114, 104 S.Ct. 1652, 1657 (1984) (“Letters and other sealed packages are in the general class of effects in which the public at large has a legitimate expectation of privacy.”). See also Ortega v. O’Connor, 146 F.3d 1149, 1163 (9th Cir. 1998) (under circumstances, employee had legitimate expectation of privacy from employer).

Federal Constitution

The contents of telephone communications are fully protected by the Fourth Amendment. Katz v. United States, 389 U.S. 347, 353-354 (1967). The Government must satisfy stringent procedural requirements, discussed below, before it can acquire the contents of communications. Berger v. New York, 388 U.S. 41, 63-64 (1967) (“[I]t is not asking too much that officers be required to comply with the basic command of the Fourth Amendment before the innermost secrets of one’s home or office are invaded. Few threats to liberty exist which are greater than that posed by the use of eavesdropping devices.”).

The Privacy Act

The Privacy Act regulates the “‘collection, maintenance, use, and dissemination of information’” about individuals by federal agencies. Doe v. Chao, 540 U.S. 614, 618 (2004) (quoting Privacy Act of 1974 § 2(a)(5), 88 Stat. 1896). It “authorizes civil suits by individuals . . . whose Privacy Act rights are infringed,” Sussman v. U.S. Marshals Serv., 494 F.3d 1106, 1123 (D.C. Cir. 2007), and provides for criminal penalties against federal officials who willfully disclose a record in violation of the Act, 5 U.S.C. § 552a(i)(1).

State Statutes

Title III does not preempt state statutes that are more protective of privacy. “Congress intended that the states be allowed to enact more restrictive laws designed to protect the right of privacy.” People v. Conklin. 12 Cal.3d 259, 271 (1974); see also Roberts v. Americable Intern. Inc., 883 F.Supp. 499, 503, fn. 6 (E.D.Cal. 1995); United States v. Curreri, 388 F.Supp. 607, 613 (D.Md. 1974); Bishop v. State, 526 S.E.2d 917, 920 (Ga.Ct.App. 1999) ; People v. Pascarella, 415 N.E.2d 1285, 1287 (Ill.App.Ct. 1981).

The Wiretap Act, the U.S. Patriot Act, the Homeland Security Act, were all dealing with wiretapping and eavesdropping needed to combat terrorism and to facilitate criminal investigations. They required reasonable suspicion and warrants from judges.

Trading a clunker in for a new car hardly designates citizens as criminals or terrorists and does not generate reasonable suspicion of crime or terrorism. Our Fourth Amendment Rights should not be compromised or stolen.

I don’t believe Beck was off-base in his assumptions. Citizens should refuse to accept this disclaimer and realize that buying a car on the taxpayers’ dime isn’t worth forfeiting Fourth Amendment Rights. Our founding fathers fought to gain our freedoms and we should never throw them away, especially for a car that will only last a few years. Freedoms last forever, unless you throw them out with the clunkers.

The Fourth Amendment to the U.S. Constitution in the Bill of Rights

Search and Seizure

The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

http://www.gpoaccess.gov/constitution/html/amdt4.html

Friday, July 31, 2009

Government is Broken




With all the talk of what’s broken in America, it’s time to get to the root of the problem. Our government is broken. Our health care system is NOT broken. It’s just so expensive that many can’t afford it,especially if faced with something of catastrophic magnitude. We need to deal with the cost of health care and keep the best system and care in the world.

There are many reasons why people may not be able to afford parts of their care. Some have no jobs. Some have low-paying jobs. Some experience catastrophic illness or accident. Some change jobs and their insurance doesn’t cover them in the interim. Hospitals charge exorbitant prices for everything used during a stay. Prescription drugs cost way too much.

Let’s deal directly with these issues and not nationalize our health care, putting it in the hands of a group of power-hungry elites who only see you as a dollar sign – a taxpayer. These people don’t have the same view of your life plans as you do. They see a dream for one world government with extraordinary people at the top running everything, experimenting with ideas, all the while enjoying the lifestyle of the rich and famous.

Where do you fit in? You work hard and pay the bills that support their crazy ideas. You’re the subject of their experiments in one-world everything, environmentalism, utopia-chasing and personal wealth building (theirs, not yours).

America has been successful all these years precisely because it championed and protected freedom for every man. It took a while to perfect that concept, but Americans never stopped working towards that goal. And that is the key. Americans truly covet and value freedom for every man. They will never stop working to achieve it.

Now comes along, and gets elected, a group of morons who are hell-bent on taking our individual freedoms away, one by one, in short order. Obama is moving as quickly as possible, before the sleeping giant awakens and throws him and his thugs out.

Is the term, “thugs”, fair? Pick any Obama czar or cabinet appointee you choose and research them. You will find that “thugs” is an accurate description. Obama doesn’t seem to know any honest people.

Have you wondered if the health care reform bill will take away our freedoms? Find out for yourself.


Don’t be discouraged when you try to read it and give up. Very few have been successful at reading this monstrosity. Even lawyers have trouble with it. Here’s a sample guide that may help. This was emailed around the country and warrants our attention.

From a letter to Sen. Bayh from a practicing physician, Stephen Fraser, MD. Whether this letter is authentic or not doesn’t matter. If you compare the list, page by page, line by line, to the Health Care Bill posted on the government web site, you can see if they are accurate or not.

Take the first one in the letter. Page 22: Mandates that the government will audit the books of all employers that self insure. This violates the Constitutional Right to Privacy, individual liberty and freedom and the right to pursue happiness. If you don’t like IRS audits, you won’t like these, either!

Here’s the letter:

Subject: An Indianapolis Doctor’s Letter to Sen. Bayh about the Health Care Bill
Here is a letter I sent to Senator Bayh. Feel free to copy it and send it around to our other representatives.Stephen FraserJuly 23, 2009Senator Bayh,

As a practicing physician I have major concerns with the healthcarebill before Congress. I actually have read the bill and am shockedby the brazenness of the government’s proposed involvement in thepatient physician relationship. The very idea that the governmentwill dictate and ration patient care is dangerous and certainly nothelpful in designing a healthcare system that works for all. Everyphysician I work with agrees that we need to fix our healthcaresystem, but the proposed bills currently making their way throughcongress will be a disaster if passed. I ask you respectfully and as a patriotic American to look at the following troubling lines that I have read in the bill. You cannot possibly believe that these proposals are in the best interests of the country and our fellow citizens.

Page 22 of the HC Bill: Mandates that the Govt will audit books of all employers that self insure!!Page 30 Sec 123 of HC bill – THERE WILL BE A GOVT COMMITTEE that decides what treatments/benefits you get.Page 29 lines 4-16 in the HC bill: YOUR HEALTH CARE IS RATIONED!!!Page 42 of HC Bill:The Health Choices Commissioner will choose your HC Benefits for you. You have no choice!Page 50 Section 152 in HC bill: HC will be provided to ALL non US citizens, illegal or otherwise
Page 58 HC Bill: Govt will have real-time access to individuals finances & a National ID Healthcard will be issued!
Page 59 HC Bill lines 21-24: Govt will have direct access to your banks accounts for elective funds transfer.
Page 65 Sec 164: is a payoff subsidized plan for retirees and their families in Unions & community organizations: (ACORN).
Page 84 Sec 203 HC bill: Govt mandates ALL benefit packages for private HC plans in the Exchange.
Page 85 Line 7 HC Bill: Specifications for of Benefit Levels for Plans = The Govt will ration your Healthcare!
Page 91 Lines 4-7 HC Bill: Govt mandates linguistic appropriate services. Example – Translation: illegal aliens.
Page 95 HC Bill Lines 8-18: The Govt will use groups i.e., ACORN & Americorps to sign up individuals for Govt HC plan.
Page 85 Line 7 HC Bill: Specifications of Benefit Levels for Plans. AARP members – your Health care WILL be rationed.
Page 102 Lines 12-18 HC Bill: Medicaid Eligible Individuals will be automatically enrolled in Medicaid. No choice.
Page 124 lines 24-25 HC: No company can sue GOVT on price fixing. No “judicial review” against Govt Monopoly..
Page 127 Lines 1-16 HC Bill: Doctors/ American Medical Association – The Govt will tell YOU what you can make! (salary)
Page 145 Line 15-17: An Employer MUST auto enroll employees into public option plan. NO CHOICE!
Page 126 Lines 22-25: Employers MUST pay for HC for part time employees AND their families.
Page 149 Lines 16-24: ANY Employer with payroll 401k & above who does not provide public option pays 8% tax on all payroll.
Page 150 Lines 9-13: Business’s with payroll btw 251k & 401k who doesn’t provide public option pays 2-6% tax on all payroll.
Page 167 Lines 18-23: ANY individual who doesn’t have acceptable HC according to Govt will be taxed 2.5% of income.
Page 170 Lines 1-3 HC Bill: Any NONRESIDENT Alien is exempt from individual taxes. (Americans will pay)
Page 195 HC Bill:Officers & employees of HC Admin (GOVT) will have access to ALLAmericans finances /personal records.
Page 203 Line 14-15 HC: “The tax imposed under this section shall not be treated as tax” Yes, it says that!
Page 239 Line 14-24 HC Bill: Govt will reduce physician services for Medicaid Seniors, low income and poor are affected.
Page 241 Line 6-8 HC Bill: Doctors, doesn’t matter what specialty you have, you’ll all be paid the same!
Page 253 Line 10-18: Govt sets value of Doctor’s time, profession, judgment etc. Literally value of humans.
Page 265 Sec 1131: Govt mandates & controls productivity for private HC industries.
Page 268 Sec 1141:Federal Govt regulates rental & purchase of power driven wheelchairs.
Page 272 SEC. 1145: TREATMENT OF CERTAIN CANCER HOSPITALS – Cancer patients – welcome to rationing!
Page 280 Sec 1151:The Govt will penalize hospitals for whatever Govt deems preventable re-admissions.
Page 298 Lines 9-11: Doctors, treat a patient during initial admission that results in a re-admission -Govt will penalize you.
Page 317 L 13-20:PROHIBITION on ownership/investment. Govt tells Doctors what/howmuch they can own!
Page 317-318 lines 21-25, 1-3: PROHIBITION on expansion- Govt is mandating hospitals cannot expand.
Page 321 2-13:Hospitals have opportunity to apply for exception BUT communityinput is required. Can u say ACORN?!!
Page 335 L 16-25 Pg 336-339: Govt mandates establishment of outcome based measures. HC the way they want. Rationing.
Page 341 Lines 3-9: Govt has authority to disqualify Medicare Advance Plans, HMOs, etc. Forcing people into Govt plan.
Page 354 Sec 1177:Govt will RESTRICT enrollment of Special needs people! Unbelievable!
Page 379 Sec 1191:Govt creates more bureaucracy – Tele-health Advisory Committee. Can you say HC by phone?
Page 425 Lines 4-12: Govt mandates Advance Care Planning Consult. Think Senior Citizens end of life patients.
Page 425 Lines 17-19: Govt will instruct & consult regarding living wills,durable powers of attorney. Mandatory!
Page 425 Lines 22-25, 426 Lines 1-3: Govt provides approved list of end of life resources, guiding you in death. (assisted suicide)
Page 427 Lines 15-24: Govt mandates program for orders for end of life. The Govt has a say in how your life ends.
Page 429 Lines 1-9: An “advanced care planning consultant” will be used frequently as patients health deteriorates.
Page 429 Lines 10-12: “advanced care consultation” may include an ORDER for end of life plans. AN ORDER from GOVT!
Page 429 Lines 13-25: The govt will specify which Doctors can write an end of life order.
Page 430 Lines 11-15: The Govt will decide what level of treatment you will have at end of life!
Page 469:Community Based Home Medical Services = Nonprofit organizations.Hello, ACORN Medical Services here!!?
Page 472 Lines 14-17: PAYMENT TO COMMUNITY-BASED ORIGINATION. 1 monthly payment 2 a community-based organization. Like ACORN?
Page 489 Sec 1308:The Govt will cover Marriage & Family therapy. Which means theywill insert Govt into your marriage.
Page 494-498: Govt will cover Mental Health Services including defining, creating, rationing those services.

Senator, I guarantee that I personally will do everything possible to inform patients and my fellow physicians about the dangers of the proposed bills you and your colleagues are debating.
Furthermore, If you vote for a bill that enforces socialized medicine on the country and destroys the doctor/patient relationship, I will do everything in my power to make sure you lose your job in the next election.
Respectfully,Stephen E Fraser MD

Pay special attention to the last few which deal with “end of life” orders. How can we do this to our parents and grandparents?! The greatest generation, who built the America we grew up in, who sacrificed, worked hard, defended freedom so we could live happy and free and be prosperous, will now be told by the government when, where and how they will face the end of their life!

NOT ON MY WATCH!!!!!!!!!!!!!!!

It’s the current government that is broken, not the health care system. We must get back to the form of government that our founding fathers worked out and implemented for the good of each of us. It begins with ‘WE THE PEOPLE” AND GUARANTEES THAT WE GOVERN OURSELVES. We are not to be governed by officials. They are supposed to work for us. Currently, they don’t. They decide how we must obey them and their wacky ideas.

Say it with me, “NOT ON MY WATCH!!!!!!”

Tuesday, July 28, 2009

JUST SHOW ME THE DANGED LONG FORM BIRTH CERTIFICATE!







Whether or not Obama is a U.S. citizen, I'm surprised at the people who don't care to be sure of it. This is a basic Constitutional protection for U.S. citizens. It prevents our enemies from planting someone in the highest office in the land and protects U.S. from those who don't have American beliefs from becoming our ruler. If we allow anyone to usurp the office of the President and don't even care if he is eligible, then it's over. Nothing else will make a difference.

I applaud those who were willing to suffer ridicule to make sure that the Constitution is upheld. This is just as important to our liberty as any of the amendments. Whether or not someone is eligible to be our president is just as important as any of the issues we are debating. We can walk and chew gum at the same time. We can debate it all.
We all should know by now that "proof" offered by Obama doesn't necessarily close the case. He's not known for being completely truthful when he wants something. Everyone knows how to "Photoshop" documents and Obama hired a technology czar. His campaign caused a lot of the controversy by giving two different hospitals as his birthplace. His grandmother complicated things by stating that he was born in Kenya and she was there. Then Obama refused to release the long form and put this whole controversy to rest. Why not? It's so simple. He could do it today and everyone would drop it. Blame him for the life of this controversy.
Those who say that the State of Hawaii has verified that he was born in Hawaii should read their statement again. All it says it that they have it. They don't say anything about his citizenship or place of birth. In fact, they say they can't comment on any of that. They can only give that information to Obama by law. According to Hawaiian law, he could have been born anywhere and his mother, upon her return, could have filed the information and received a document that certifies that he was born alive. That's all if proves. They had to take the mother's word for the specific information. If he was born in Hawaii, then the delivery doctor would sign the long form. He can release that today and stop all of this. Why not?
Newspaper birth announcements? Did Stanley Ann Dunham or her parents place them there to create a proper situation for a 17-year-old teenager who became pregnant by a 23 -ear-old Kenyan that she barely knew? Who knows? Obama won't clear it up.
As for McCain's staff looking into this, I regard that as little proof. He also thinks he knows enough about cap and trade to be in favor of it. I wrote him during the election and asked him to really research cap and trade because I was sure he'd be opposed to it, if he knew more about it. Nope. He remained in favor of it. So much for his ability to "look into" something.
The documents we have seen include a school record of Obama from Indonesia where he is listed as a Muslim son of Lolo Soetoro named Barry Soetoro. I find no record of Obama disputing this document.
I apologize to those who are aggravated by the controversy and want it to die. I do understand why they would feel this way. However, I can't say that I "KNOW" Obama is eligible to be POTUS and that is a shame. I wrote my Congressman and asked him this question, "Who certifies that a candidate is eligible to hold the office of President?" His reply to my letter avoided that question. So who does certify candidates are eligible? Anyone? Who certified Obama's eligibility and on what documents?
Can anyone say with certainty that Obama is eligible? I can't. And I should know without a doubt according to the Constitution. I want to protect our Constitutional rights. Just show me the long form and I'll be happy.
P.S. The Daily Kos admits that one of their frequent commenters forged a BC for Obama as a gag to show how easily it could be done. He was involved in the debate at that time over why Obama refused to release any BC. This forgery had an anomaly on the top near the center. It was a black mark. It looks like someone accidentally touched a black ink pen to it or there was a black spot on the scanner used. Immediately, a BC appeared on Obama's web site bearing the same anomaly. Coincidence? This was discussed and explained on The Daily Kos which is a very left wing web site.