Constitution Corner
By nighthawk • Oct 17th, 2008 • Category: Opinions and Editorialsa place to make you think…
underused thread…
no thinkers here?
I put this a few days ago in good faith after receiving a request for such a thread.
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October 21st, 2008 at 4:52 pm
Is your compass “FCC TYPE APPROVED”? If so, which part of the code is it “approved” under?
This is an important question as it pertains to a questionable “Jurisdiction”.
The FCC claims ownership of magnetic waves… no?
They not only claim them but the auction off certain parts of those magnetic waves for “lease”,
sell licenses for other parts of those magnetic waves, restrict the use of magnetic waves by
means of appropriation, etc… etc…
Allowing for only a few small portions for unlicensed use by the people, generally levying
maximum power rules and regulations.
But my question is, Just who exactly come up with the idea for such a fictitious jurisdiction?
What kind of authority do they claim this alleged jurisdiction under?
Interstate Commerce? maybe??
But if your magnetic waves aren’t crossing state lines AND you aren’t using magnetic waves
to profit from business’ located or headquartered outside of your own state, then it doesn’t
really qualify as interstate commerce… does it?
Now I ask again… Is your compass FCC TYPE APPROVED?
October 21st, 2008 at 5:37 pm
It’s not a trick question. I’m not going to report people with NON FCC COMPLIANT compasses.
Matter of fact, I don’t even think any of my compasses have a FCC TYPE ACCEPTED label…
And… I don’t recall ever seeing an FCC TYPE ACCEPTED label on any compass — Not Ever!
But how many realize that a compass is actually a radio receiver that is tuned to the North Pole?
October 22nd, 2008 at 10:13 am
So the lack of comments is your own admission that the FCC has jurisdiction over compasses?
Or that they lack jurisdiction over compasses?
October 24th, 2008 at 5:00 pm
“The Federal Communications Commission is an independent federal agency responsible directly to Congress. Established by the Communications Act of l934, it is charged with regulating interstate and international communications by radio, television, wire, satellite, and cable. Its jurisdiction covers the 50 states and territories, the District of Columbia and U.S. possessions.” from topic - About The FCC - from the FCC home page. [fcc.gov]
The quote up above plainly states that “…Its jurisdiction covers the 50 states and territories, the District of Columbia and U.S. possessions.”
But within the same quoted paragraph, it is admitted that the only jurisdiction it has is
“…regulating interstate and international communications…”
The key words are interstate and international.
Probably the same sort of argument used to do away with licensing requirements for the
use of the 11 meter band (CB radio) but 11 meter operators have become notorious for
attempting interstate communications, attaching linear amplifiers, causing RFI (interference)
to licensed operators on adjoining bands, and causing RFI to both broadcast, Ham, and
emergency service frequencies.
So pretty basically; If you cause interference to a licensee of the FCC operating under their
jurisdiction (or license) then you cross over into the scope of FCC jurisdiction.
But a flea powered station (low wattage) that isn’t causing RFI should be outside of the
scope of their [the FCC's] jurisdiction of regulating interstate and international
communications within the 50 states and territories, the District of Columbia and
U.S. possessions.
Not legal advice, not suggesting or advocating that people become flea power broadcasters,
just stating an opinion which might or might not be correct (at least not in the political sense).
Now back to the compass:
The compass is a communications device in the sense that it constantly communicates the
direction of North via magnetic waves and is vulnerable to interference from many sources.
It is notable that radio waves are magnetic waves. If you don’t believe this then try using an
antenna made from solid plastic, not plastic coated, but solid plastic.
October 25th, 2008 at 2:27 pm
The most primary form of government begins with the People.
There are at least four primary forms of government with
the People presiding.
First; You have your government or self governance.
this is where have to govern yourself.
Second; There is the household form of government,
pretty self explanatory. You have house rules and
mannerisms, which anyone inside the house or upon
the land (of the lord) is expected to follow.
Third; There is the family form of government, having it’s
roots with ancestral tradition and culture.
In this form of government, the family encourages it’s
members to do the right thing, Observe the family traditions
and culture, etc… (this is being very brief)
Fourth; There is the neighborhood (once called township or tithing)
form of government.
In this form of government neighbors recognize all of the
family governments in the neighborhood (or tithing/township).
This is more of a formal understanding of each family, household and self
forms of government should be respected and observed by the people who
live in the neighborhood (tithing/township).
It is generally understood that one neighbor may come to another’s
aid or assistance when necessary and at will when requested.
This Is a most basic description of your primary forms of government.
The municipal governments operate under the authority of the primary governments.
Did I miss anything? — Discuss? — Because this discussion is being reborn from scratch.
October 26th, 2008 at 6:05 pm
I just saw this on the front page, did not know it was here SO
I will keep it in mind to see what I can dredge up from my
piling system on the constitutional issues that are tea totally
ignored to operate “the system” the way it is.
There apparently are several “off ramp” mechanisms
in place to make sure alot of the “prima fascia” statuets
never make it to be challenged at a supreme court that
would render them “void ab intio” never mind the
“void for vagueness” problems with so many laws or
the “ignorance of the law is no defense” problem when
it is near about humanly impossible to cognizance all of
the statuets, regulations, rules, code, ordainances,
statuets at large, titles, local rules, case law, executive
orders, decision directives, initiatives, and then there are
the maxims. So much for forgive us our trespasses as
we have forgiven all those that have trespassed agains us?
October 27th, 2008 at 9:47 am
Andy Rooney said on ‘60 Minutes’ a few weeks back:
1) I don’t think being a minority makes you a victim of anything except numbers. The only things I can think of that are truly discriminatory are things like the United Negro College Fund, Jet Magazine, Black Entertainment Television, and Miss Black America. Try to have things like the United Caucasian College Fund, Cloud Magazine, White Entertainment Television, or Miss White America; and see what happens…Jesse Jackson will be knocking down your door.
2) Guns do not make you a killer. I think killing makes you a killer. You can kill someone with a baseball bat or a car, but no one is trying to ban you from driving to the ball game.
3) I believe they are called the Boy Scouts for a reason, which is why there are no girls allowed. Girls belong in the Girl Scouts! ARE YOU LISTENING MARTHA BURKE?
4) I think that if you feel homosexuality is wrong, it is not a phobia, it is an opinion.
5) I have the right ‘NOT’ to be tolerant of others because they are different, weird, or tick me off.
6) When 70% of the people who get arrested are black, in cities where 70% of the population is black, that is not racial profiling; it is the Law of Probability.
7) I believe that if you are selling me a milkshake, a pack of cigarettes, a newspaper or a hotel room, you must do it in English! As a matter of fact, if you want to be an American citizen, you should have to speak English!
9) I think the police should have every right to shoot you if you threaten them after they tell you to stop. If you can’t understand the word ‘freeze’ or ’stop’ in English, see the above lines.
10) I don’t think just because you were not born in this country, you are qualified for any special loan programs, government sponsored bank loans or tax breaks, etc., so you can open a hotel, coffee shop, trinket store, or any other business.
11) We did not go to the aid of certain foreign countries and risk our lives in wars to defend their freedoms, so that decades later they could come over here and tell us our constitution is a living document; and open to their interpretations
12) I don’t hate the rich and I don’t pity the poor
13) I know pro wrestling is fake, but so are movies and television. That doesn’t stop you from watching them.
14) I think Bill Gates has every right to keep every penny he made and continue to make more. If it ticks you off, go and invent the next operating system that’s better, and put your name on the building.
15) It doesn’t take a whole village to raise a child right, but it does take a parent to stand up to the kid; and smack their little behinds when necessary, and say ‘NO!’
16) I think tattoos and piercing are fine if you want them, but please don’t pretend they are a political statement. And, please, stay home until that new lip ring heals. I don’t want to look at your ugly infected mouth as you serve me French fries!
17) I am sick of ‘Political Correctness.’ I know a lot of black people, and not a single one of them was born in Africa ; so how can they be ‘African-Americans’? Besides, Africa is a continent. I don’t go around saying I am a European-American because my great, great, great, great, great, great grandfather was from Europe . I am proud to be from America and nowhere else
18) And if you don’t like my point of view, tough…
I PLEDGE ALLEGIANCE TO THE FLAG, OF THE UNITED STATES OF AMERICA , AND TO THE REPUBLIC, FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL!
It is said that 86% of Americans believe in God. Therefore I have a very hard time understanding why there is such a problem in having ‘In God We Trust’ on our money and having ‘God’ in the Pledge of Allegiance. Why don’t we just tell the other 14% to BE QUIET!!!
October 28th, 2008 at 3:23 am
Constitution Corner has turned into the talk about anything thread.
The INTERSTATE commercer clause of the constitution has been abused
for probably at least 100yrs so many of the judges ‘tude is that the people
largely are ok with it as a defacto ancient and accepted practice to over-extend
the reach of the alphabet soupers like FCC into places that are NOT
a “fort magazine arsenal or other needful building” of the “genneral government”/
federal government’s actual original intent jurisdiction(s) you know
“federal possesions”, that might should only include Guam, Puerto Rico, U.S. Virgin
Islands, the district of columbia(township), otherwise you are in one of
the “several states” and the fed is considered(or was) FORIEGN to a state Citizen
or “man upon the soil” of Kentucky.
November 5th, 2008 at 5:07 am
uh the pledge of allegence has nutton to do with the constitution, many oaths of
office do but the pledge was written by socialists after the war betwix the
states.
November 5th, 2008 at 5:13 am
“…hard time understanding why there is such a problem in having ‘In God We Trust’ on our money and having ‘God’ in the Pledge of Allegiance. Why don’t we just tell the other 14% to BE QUIET!!! ” uuuuuuuuuuhhhh there is this pesky thing that protects free speech of the 14% or anyone not in any majority and that is the various versions of the “1st amendment”, state and federal.
November 5th, 2008 at 6:01 am
off topic I know but …
http://www.americanjourneyblog.com/2008/03/why-conspiracy-theorists-are-not-crazy.html
December 17th, 2008 at 8:19 pm
Hillary Rod-am Klinton was appointed (not yet sworn in) to Sec. of State,
non-constitutionally by the Obama crowd, the constitution specifically
forbids a sitting legislator to transition to a office for which they voted
on the Emollients for that job, and the senate did increase the S.o.S.
salary and benefits, the constitution does not provide for the salary and
perks to be cut so that a current congresscritter can go ahead and
take office anyway SO WHO IS GONNA SUE TO STOP IT?
.
December 17th, 2008 at 11:13 pm
Common Law Conspiracy to Cause Death and Great Bodily Harm. The plaintiff is further entitled to judgment against the defendants, jointly and severally, for the injuries she and her child received which were caused by the acts and omissions of defendants and others pursuant to the conspiracy(ies) alleged herein, and by breach of defendants’ duty of care towards the plaintiff, for compensatory and punitive damages in such amounts as the Jury may determine, and costs and attorneys fees.
Career Army officer sues Rumsfeld, Cheney, saying no evacuation order given on 9/11
http://rawstory.com/news/2008/911_survivor_blasts_Rumsfeld_Cheney_No_1217.html
December 18th, 2008 at 12:06 am
TechKnoman.
United States Cabinet nominees are chosen from a large pool of potential candidates. One of the few qualification restrictions is set out in Article One of the Constitution: “no person holding any office under the United States, shall be a member of either house during his continuance in office.” Accordingly, a sitting member of the United States Congress must resign his or her seat before accepting a Cabinet appointment. Likewise, a governor appointed to a cabinet post must resign as governor. Furthermore, the Emoluments Clause bars any former Congress member from holding any executive office that was created by law while she was serving in Congress.
Hillary can accept the position, you have NOTHING TO SUE. What about Joe Biden or Obama, or JOHN MCCAIN???? OH GOD THE REPUBLICANS CAN DO IT TOO!
Get your facts right.
December 18th, 2008 at 1:06 am
Get YOUR facts straight; This controversy does cross party lines ;
Regan had to disquALIFY a cabninet choice for this very reason, Clinton went ahead with one under a “fix” that no one challenged that is the salary was reduced to pre-vote levels for the term that particular congressman had served BUT the Constitution does not provide for that.
December 18th, 2008 at 1:13 am
Nixon did the Saxby “fix” OOPS!
It is the concept and principal anyway:According to the Ineligibility Clause of the United States Constitution, no member of Congress can be appointed to an office that has benefited from a salary increase during the time that Senator or Representative served in Congress. A January 2008 Executive Order signed by President Bush during Hillary Clinton’s current Senate term increased the salary for Secretary of State, thereby rendering Senator Clinton ineligible for the position.
Specifically, Article I, section 6 of the U.S. Constitution provides “No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time.” The provision is seen by most as designed by our Founding Fathers to protect against corruption.
Former President Richard Nixon circumvented this constitutional provision after appointing former Ohio Senator William Saxbe to the position of Attorney General. The Nixon administration managed to force legislation through Congress to reduce the salary for the position of Attorney General to the level that existed prior to Senator Saxbe’s appointment. This scheme, known thereafter as “The Saxbe Fix,” was also used to allow Senator Lloyd Bentsen to assume the position of Treasury Secretary under President Clinton.
“The Saxbe Fix” may reduce the salary of Secretary of State to previous levels, but it does not affect what is a clear constitutional prohibition. It cannot change the fact that the salary had been increased while Senator Clinton served in Congress. (President Ronald Reagan reportedly did not appoint Senator Orrin Hatch to the Supreme Court because of this provision.) Simply put, the Constitution does not provide for a legislative remedy for the Ineligibility Clause.
“There’s no getting around the Constitution’s Ineligibility Clause, so Hillary Clinton is prohibited from serving in the Cabinet until at least 2013, when her current term expires,” said Judicial Watch President Tom Fitton. “Barack Obama should select someone who is eligible for the position of Secretary of State and save the country from a constitutional battle over Hillary Clinton’s confirmation. No public official who has taken the oath to support and defend the Constitution should support this appointment. And aside from the constitutional issue, Hillary Clinton’s long track record of corruption makes her a terrible choice to serve as the nation’s top diplomat.”
December 18th, 2008 at 1:28 am
It is a simple concept really, a congresscritter cannot vote in a bunch of perks and bigger salary for the position they then work a deal to take;
the concepts of the constitution are there to insure the faith of the public to support its institution; Read ALSO the PREAMBLE to the bill of further restrictions on government commonly called the Bill of Rights:
…a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.
if the people have no faith in the govt. because of runaway graft and corruption the govt. only has the force of tyranny and obfuscation to rule and confuse the public.
Jefferson’s most multipurpose quote is to be applied almost daily or several times a day under our current condition:
~”Laws are meant for men of ordinary understanding… and should not be interpreted in terms of metaphysics to mean everything and nothing at the same time”
December 18th, 2008 at 11:57 am
IF it is allowed, then she can do it. The Supreme court doesn’t see it that way.
What are you a dictionary of inane facts. Is ths Hunley playing a new role?
December 19th, 2008 at 10:31 am
name calling shows up when arguments are lost…
Sup.Ct is more about the statusquo that const..
December 19th, 2008 at 1:10 pm
that was supposed to say: …”more about the status quo than constitution”
also, sometimes called “stare decisis” or in keeping with a steady decision
on similar issues but courts have plenty of off ramps to avoid rulings on
clear constitutional issues that supposedly modern society demands a
work around to protect the constitution from being changed or labeled
as obsolete….
January 1st, 2009 at 12:39 am
Top 25 Censored Stories for 2009 (original
page has the hot links):
#1. Over One Million Iraqi Deaths Caused US Occupation
# 2 Security and Prosperity Partnership: Militarized NAFTA
# 3 InfraGard: The FBI Deputizes Business
# 4 ILEA: Is the US Restarting Dirty Wars in Latin America?
# 5 Seizing War Protesters’ Assets
# 6 The Homegrown Terrorism Prevention Act
# 7 Guest Workers Inc.: Fraud and Human Trafficking
# 8 Executive Orders Can Be Changed Secretly
#9 Iraq and Afghanistan Vets Testify
# 10 APA Complicit in CIA Torture
# 11 El Salvador’s Water Privatization and the Global War on Terror
# 12 Bush Profiteers Collect Billions From No Child Left Behind
# 13 Tracking Billions of Dollars Lost in Iraq
# 14 Mainstreaming Nuclear Waste
# 15 Worldwide Slavery
# 16 Annual Survey on Trade Union Rights
# 17 UN’s Empty Declaration of Indigenous Rights
# 18 Cruelty and Death in Juvenile Detention Centers
# 19 Indigenous Herders and Small Farmers Fight Livestock Extinction
# 20 Marijuana Arrests Set New Record
# 21 NATO Considers “First Strike” Nuclear Option
# 22 CARE Rejects US Food Aid
# 23 FDA Complicit in Pushing Pharmaceutical Drugs
# 24 Japan Questions 9/11 and the Global War on Terror
# 25 Bush’s Real Problem with Eliot Spitzer
http://www.projectcensored.org/top-stories/category/y-2009/
January 1st, 2009 at 11:47 am
The scheme works like this: The U.S. Congress votes to send between $3 Billion and $6 Billion free cash to Israel every year under the guise of “foreign aid.” When the money arrives, the Israeli government takes several hundred million and puts it aside to be sent back to the USA through Jewish Political Action Committees, and donated to the political campaigns of the Congress members most friendly to Israel. By funding Israel, certain members of Congress actually guarantee they’ll have enough campaign cash to get re-elected.
http://halturnershow.blogspot.com/2008/12/israeli-leaks-money-laundering-info-on.html
No one investigated it because there was never any way to PROVE what was being done. This morning that changed.
(whatever you think of Hal Turner prove it or not it is happening
since we give them money and they lobby and AIPAC et al hands
out campain contributions; if you give money to a man’s wife
it goes into his household so he and his children can buy stuff from you or anyone)
January 4th, 2009 at 10:45 am
“Grant” wrote:…”What are you a dictionary of inane facts”…?
I just re-read that and I have to ask ANYONE that thinks
they agree with it; HOW MUCH SPORTS TRIVIA DO YOU
HAVE MESMERIZED/MEMORIZED ???
Talk about inane facts, we have a glut of such bread and
circuses to keep the sheep diverted from causing the
status quo trouble. How many stupid news stories have already been done on Ubamas sports fan preferences, and the DAWG !!! What a bunch of useless waste of media minutes INSTEAD of covering real pressing legal financial and corruption issues…