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Election Alert and UpDate #3
See
the Table of Contents for Information
Volume
184-10
2010 Election
Issue
October 24, 2010
The Scottsdale Activist
will not publish allegations, libelous statements,
profanity, or personal attacks without a verifiable basis. All letters,
columns, pictures, or political cartoons submitted must include the
authors or artists name, address, daytime phone number, and email. All
personal information except the author, photographer or artists name
will remain strictly confidential without being released, sold or
distributed in any manner. We assume no responsibility for the contents
of letters, columns, or cartoons and reserve the right to—at our
discretion—edit or refuse to print any submissions or parts thereto
without the need for justification. Opinions expressed herein are solely
those of the authors/artists and not necessarily the opinions of
The Scottsdale Activist
.
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We may not be here every
week or even every month, But we have our eyes and ears open for
everything important to the City of Scottsdale residents!!
When it's
something Important, we'll get it to you as soon as we can!!
We feel this election is one
of the most important in the history of the city and the nation for that
matter, and
that's why we came out of our cave to prepare these Election Issues for
you.
We'll call these Editions
"The Last Roundup"
for a number of reasons!
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Table of Contents
Pick the Article in
this Table of
Contents that
you wish to read, then
Just Click
~Election Alerts and UpDates #3
editor@scottsdaleactivist.com
~Other
Stuff of Interest
~
Information You Can Use
~
Look up Prior Editions? Click on a date to open.
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August 2, 2008
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August 9, 2008
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August 16, 2008
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August 23, 2008
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August 30, 2008
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September 6,2008
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September 13, 2008
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September 20, 2008
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September 27, 2008
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October 4, 2008
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October 11, 2008
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October 18, 2008
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October 25, 2008
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November 1, 2008
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November 8, 2008
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November 15, 2008
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November 22, 2008
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December 6, 2008
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December 13, 2008
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January 18, 2009
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February 28, 2009
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April 19, 2009
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June 6, 2009
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June 14, 2009
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September 12, 2009
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September 19th, 2009
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September 26th, 2009
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October 5, 2009 & Update
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December 13, 2009
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February 20th, 2010
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October 3rd, 2010
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October 17th, 2010
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~Election Alerts and UpDates #3
We are putting out
the Scottsdale Activist again by popular demand. In the 20 days since we
put the Activist out for the first time in 7 months we've had
27,000
hits which means the information is getting to those who have been
asking. Obviously, that information need is NOT being fulfilled
by any local media organization or local publications for whatever
reason.
~Ethics Be Damned?
We are coming to the end of a wild and notoriously
contentious Scottsdale election period where it’s totally obvious to
everyone that Southwest Ambulance (and their many integrated companies
and corporations) is trying to "buy" positions (majority votes) on the
Scottsdale City Council.
Is what they’re doing Legal? Technically, yes.
Is what they’re doing Ethical?
Hell no.
Would someone please explain how can you print a
mailer and other stuff which looks EXACTLY like
those the candidates sent out (with the disclaimer in fine print as the
only difference) without talking to them, their representatives, or
someone connected to the candidates or their campaigns?? Get real here
folks, we didn’t just fall off the melon truck yesterday!!!
The REAL question is will any of the three (3)
candidates who have obviously received direct benefit of the money,
recuse themselves from voting on any proposed contract that is presented
to the city council for consideration by Southwest Ambulance or any
subsidiary to their company including any new corporation(s) or
companies that they might come up with to circumvent (illegally dodge)
the ethics codes of the Feds, state, county and local city
organizations, laws and ordinances? We think legally and ethically they
should, but knowing this crowd, we doubt it seriously.
If these candidates have even ONE honest bone in
their body, they will each personally write a legally binding Manifesto
(manifesto n. , pl. , -toes , or -tos
. A public declaration of principles, policies, or intentions,
especially of a political nature) clearly and
distinctly stating in writing that they each will, if elected to the
Scottsdale city council, recuse themselves from voting on any issue
where Southwest Ambulance or any affiliates, persons or acquaintances
thereto are involved in any way with an issue in front of the city
council involving any contracts of any kind. They should present this
Manifesto to the Scottsdale City Clerk, and make it public immediately
through the Scottsdale Republic, Scottsdale Activist, Scottsdale Voice,
Sonoran News, and any and all print media published for or available
within the city of Scottsdale prior to the election on November 2nd.
We’re quite sure that none of these candidates will
write said Manifesto because they are already on the hook so to speak
with Southwest Ambulance. We’ll happily apologize if they prove us wrong
by each delivering said Manifesto exactly as stated above.
IF THEY REFUSE:
Every voter in this city should vote for the only 2
candidates (Bob Littlefield and Guy Phillips) who are above the fray and
HAVE NOT taken any type of
questionable contributions or donations, and
ARE NOT sponsored by the Scottsdale Area Chamber or the
Scottsdale Republic. Both of these organizations have individually
endorsed 4 candidates (Milhaven, Robbins, Ecton, and O’Hearn)
collectively for reasons that are obvious to anyone familiar with the
seemingly nefarious goals of both organizations.
Should any of the 3 candidates above be elected, and
then fail to recuse themselves as stated above, we will guarantee that
well financed formal Ethics charge(s) will be filed against each
candidate that fails to recuse themselves as well as the City Attorney
and all Deputies and Assistants thereto, the city legal department, as
well as any others within the city government who try to defend the
unethical position of the three (3) candidates who received the indirect
but specific funding. The suit will include financial fines payable back
to the taxpayers of Scottsdale in kind as well as their immediate
removal from the city council for illegal and unethical actions.
Could this refusal to comply with the ethics code
result in felony charges? That remains to be seen by how they handle
themselves doesn’t it?
We’re waiting patiently for the results of their
decision…… and so are our attorneys………….

(Return
to Top)
~ More Questions About Unethical City
Practices?
We are noticing more and more that certain city
managers and staffers are making decisions without the proper input from
the citizens and voters. Is this ethical?
Could it be that the city legal department has been
taken over by a handful of elitists who look down upon the citizens and
their suggestions, wants, and needs?
Could it be that staff only tells the council what it
wants the council to see and hear so as to circumvent public and council
questioning of questionable tactics and ethical issues? Is this
practice ethical?
Aren’t all of these issues unethical?
Could it be that the City Attorney is totally
incompetent and doesn’t know how to handle the staff so he just sits
back and does as he’s told by those who are ruining the city?
Will Washburn retire to avoid any heat from the
public and self-caused legal problems?
Retirement won’t save him from criminal actions and
intent we will file will it?
Before you vote fellow citizens, think long and hard
who attends citizen organization meetings, and who has the citizens best
interest at heart. There are only 2 candidate who fill those
shoes.
On the other hand, think about who has blown off
citizen suggestions, and are all for adding height and density to the
downtown area when the citizens are adamantly against it.
Where is the accountability in many city departments?
Why haven’t we had an Audit on the Cultural Council
where Linda Milhaven resigned without reasonable notice?
Something going on there? We think there is and wasn’t Milhaven at the
base of all of those negative discussions?
Why did all the problems reportedly start after
Milhaven took charge of the Cultural Council?
Do we really want someone with serious background
questions like that hanging around their neck like an Albatross as a
city council person?
We think NOT!!!
(Return
to Top)
~Questions That Require Answers
from Robbins
Why don't you ask Dennis Robbins about his membership
with www.YestoChildren.org
Yes to Children.org is behind the Scottsdale School
Construction Bond. Yes to Children had its reps brazenly
campaigned at school assemblies, parent orientation nights and bond
shows (Isn’t that against the state laws???).
Yes to Children also received $85,000 from
9 construction companies. Is Robbins and Yes to Children
for {supporting} the construction companies or for {supporting} the
Scottsdale Children?
Politicians like Robbins never learned that corporate
welfare is what got them voted out of office in the first place.
A close look at the following link will give you some
idea where and how this organization receives it’s funding and
operates……….
http://recorder.maricopa.gov/campaignfinance/CampFinDocsSelect.aspx?candidateid=990519&fileyear=2010
In looking at their website, it would appear that
they are playing wild and loose with the facts as well as very slanted
with their information concerning what the bond approval will REALLY
cost the taxpayers.
We saw some interesting names on those reports,
Ducheme, Kriekart, The Dem Party, Virginia Korte. Why are they and
Robbins involved with this group unless they represent the construction
companies?
It’s funny that when I asked some students who
attends to Cocopah, how bad the school condition is since they want to
do a complete rebuild. They said there’s nothing wrong or broken that
they know about. Many kids we know went to Cocopah and yes, its old, but
still in good shape. Certainly not worth $40 million in
repairs based on the condition of the current economy without knowing
what direction the nation as a whole will be going after November 2nd.
As far as Dennis Robbins goes, when asked about the
indirect gift of $50,000 from the Southwest Ambulance
Company, his response was "they probably know we're both business
people".
We read that to mean "If you scratch my back, I'll
scratch yours".
Robbins seems like a nice guy. BUT, do we really want
a person of this apparent persuasion representing us on our city council
yet again???
Haven’t we had enough of that attitude in the last
few years??
We suggest that you "DO NOT
VOTE " for Robbins, Milhaven, O'Hearn, or Ecton unless you
want council members who don't listen to the citizens while generating
even more of the same gridlock on the city council.
(Return
to Top)
~Last Chance for Candidate
Purchase?
Less than 2 weeks left!
Better Hurry, these Candidates are going fast!
Milhaven, Ecton and
Robbins
were apparently just "bought lock, stock and barrel" for almost
$50,000 each
(see Laurie Roberts columns in the Scottsdale Republic below)!
http://www.azcentral.com/members/Blog/LaurieRoberts/102078
http://www.azcentral.com/members/Blog/LaurieRoberts/101635
Place your bids Now!
What do you need?
A Text Amendment for your High Rise?
Try $55,000 per Candidate?
How about a Water Service Subsidy? Is
this is on sale for $25,000 per Candidate?
How about a new Union Contract? Maybe
starting at just $60,000 per Candidate?
You Better Hurry! Less
than Two Weeks Remaining to Jump on Board the Gravy Train!
Remember, you need at least four candidates for a
majority, so buy yours today!!
Or better yet,
Keep your moral values intact and
taxes lower by voting for those who
are not connected to or supported by The Scottsdale Area
Chamber of Commerce, Southwest Ambulance Company and/or their affiliates
and cronies, The Scottsdale Republic, or other in-state and out-of-state
power brokers!
Who are those unencumbered Candidates who
consistently refuse such financial support?
There are only 2;
Bob Littlefield
and Guy Phillips
You
are not required
to vote for three candidates!!!
(Return
to Top)
~Open Letter to the
"Scottsdale Voice" Website
Many of us are not happy with everything Mayor Lane
does either but you are missing far more dastardly actions in the city
by not looking into the failed and inept legal department under
Washburn, or City Manager Richert and his play to double or triple
density in the north including the inclusion of unwanted commercial
areas using an unqualified Connie Padian as his tool. How about
Richert's attempts to add an overlay to the north that will invalidate
all the current protections for the McDowell Sonoran Preserve based on
approved plant, shrub, and tree lists, and many other issues both north
and south which are far more important than Lane and are being done
ostensively under the table, behind closed doors without adequate public
hearings or input.
You might also want to check with Henry Becker to see
how he's handling the changes Richert and the city legal department are
pushing through. Could Henry be waiting patiently for the city to vote
to approve Richert's plans, then drop a HUGE lawsuit against the city
for malfeasance and discrimination among a few other other legal issues?
Lane could well be gone in 2 years but Richert and
his stooges will be there until he and they destroy the city as we know
it. You need to open your eyes and ears instead of having tunnel vision
when it comes to Lane. The picture of destruction is far larger and you
are failing to take it all into consideration.
You might want to comment on the flagrant error on
the part of Milhaven, Ecton and Robbins for not denouncing almost $29,000
(Now up to $48,000) each from S/W Ambulance as
outside advertising which is an obvious ploy to get the contract away
from PMT.
Open your eyes and ears folks, your tunnel vision is
obvious and you're missing all the big stuff which is far more important
to the city and taxpayers. You might want to readdress your sights as to
who's doing what to the city.
Then again, maybe your entire impetus is to attack
Lane not giving a damn what's happening to our city.
Think about that for a few minutes, if you dare or
care (which I seriously doubt that you do)
George Knowlton,
30 year Scottsdale resident
Fixscottsdale@gmail.com
(Return
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~ A Valued Citizen
Speaks
Subject:
www.scottsdaleactivist.com
Wow....on a lark......I just happened to check out
the Scottsdale Activist Website and ...."Welcome Back" is an
"understatement"!
Glad to see that you are back doing what we know will
be a spectacular job of informing the public.
Having Mike Merrill doing his bit is another major
"welcome back" and we look forward to reading his take on the internal
issues he is quite familiar with.
I am glad to see that the way my wife and I voted
mirrors your suggestions to the "T"! I guess we have learned
something from you over the years.
I am in complete agreement on not voting for any
person that takes money from special interests as is noted (S/W
Ambulance and The Scottsdale Chamber of Commerce).
Phillips and Littlefield seem to be simply
logical choices and we are hopeful that "Airport Bob" will start giving
some serious consideration to Scottsdale Airport and how its continuous
expansion efforts are affecting the residential neighborhoods that
surround this single runway, land-locked airport. Now the COS has
hired Coffman Associates once again (remember 2004?) to "study" another
"re-surfacing" to accept jets coming in at 100, 000 lbs just weeks after
they completed their "standard" re-surfacing at substantial cost.
Their "excuse" is...that the Federal Government will pay for 95% of the
Study and then a "big chunk" of the re-surfacing.
Wow...I wonder where that "Federal Government" gets
its money. It can't be from anyone in Scottsdale as surely the
Airport Advisory Commission and the City Council would know that if it
was true....wouldn't they!!! I attended the last AAC meeting
and, of course, Rick Kidder was there promoting the expansion of the
airport and not being one bit concerned with the implications to the
tax-paying public (I even think we pay Federal Taxes.....!).
Oh well....same story....different times.
Thanks for coming back and I look forward to
contributing at times and to reading your fantastic website!
Bob Popow
Scottsdale Homeowner and Full Time Resident.
(Return
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~
More Citizen Comments
~ I cannot believe the stupidity and crassness of
the 3 candidates who have allowed Southwest Ambulance to subsidize their
campaigns, even if it is legal. Why wouldn't an honest candidate come
right out and denounce the attempts by SW Ambulance to buy the election?
It would appear to me that these candidates have known all along that
this was going to happen. Well, you're right, this household will be
voting for Littlefield and Phillips only.
~ Who the hell do Milhaven, Ecton and Robbins
think they're kidding? Are the voters of Scottsdale dumb enough to fall
for this garbage? Does ANYONE really believe they knew nothing about
this stuff? I hope someone files an ethics lawsuit against all three of
them.
~Just happened by Susan Bitter-Smiths house and
OMG!! the Staunch Conservative Republican has a Wayne Ecton Campaign
sign in front of her house!! Will wonders never cease!! Gee,
wouldn't you really wonder what she's out fishing for? Couldn't be more
favorable council votes for some of her high density, tall garish
buildings could it? Could it be that you'll even walk with the Devil
when you want something badly enough?
~ The Chamber and Republic are obviously in
cahoots. Why else would they make sure that O'Hearn, Ecton, Milhaven and
Robbins all got an endorsement? It does seem that the Republic cut Ecton
off at the pass to make it look like they were different from the
obviously corrupt Chamber by not endorsing him. Read Laurie Roberts and
you'll understand why everyone is upset with the four clowns. Should
they win, we as a city are in serious trouble.
~ Did anyone really read Dennis Robbins and the
others slick mailers? Sure makes it sound like they want light
rail and a bunch of other things the citizens have been strongly against
doesn't it? I think all candidates but Phillips and Littlefield have
been bought off by the ambulance company, chamber, and the Republic. So
sad for Scottsdale if they win.
~ If the Scottsdale Republic was really a "Home
Town Paper" and represented the views of the citizens rather than what
the Activist calls the "Elitists", they wouldn't be in financial doo-doo
now would they? I'm advising anyone who will listen to drop their
subscription, It's interesting that I can't find many now who still
subscribe. Must mean something huh?
~ Klapp, Ecton and McCullagh make me sick. Talk
about bought and paid for. Why haven't McCullagh and Klapp resigned
either their Chamber positions or their council positions? I have
never seen such a blatant expression of a conflict of interest shown by
Ecton. Klapp, and McCullagh. We won't even get into the problems with
our elected "Valley Girl" who doesn't have the faintest clue about this
city except where the "Hot" guys hang out and when to meet with her
personal trainer during council meeting hours.
~ The key question is what did Linda Milhaven do
to make the Cultural Council so screwed up, then why did she leave her
position in such a hurry? Even the ultra liberal Repugnant question that
move.... then endorsed her? What does that say about both the Repugnant
and Milhaven? Nothing good I'm sure.
~ I am aghast that 3 candidates would continue to
receive help from the ambulance company without stating where their
position will be should that contract should come up in front of the
council should they be elected. Shame, SHAME on them. We're taking your
advice and voting for Littlefield and Phillips only. Thanks for coming
back to keep us informed, there sure as hell isn't any other publication
in town who tells it like it is.
~ Notice how quiet Wayne Ecton has been during
this campaign? He has learned that if he keeps his mouth shut and stays
out of the light of the public view, he won't get caught explaining all
of his really bizarre and obviously citizen unfriendly council votes.
Wayne is a has-been and needs to retire and take Martha to Singapore for
another long vacation. Maybe we can accommodate Wayne with our votes for
Littlefield and Phillips.
~ I ask you again. What did Robbins and O'Hearn do
when they served only one term on the council? They haven't answered
because they did ABSOLUTELY NOTHING GOOD.
~ Scottsdale Voice? Unintelligent, Uneducated,
Ultra Biased Garbage.
~ Littlefield and Phillips are the only ones I see
answering voter questions without beating around the bush. Do I need any
other information to cast a vote? Nope!!
(Return
to Top)
~ A Word or Two about the U.S.
Constitution
Every American should understand what is written
below. In my generation we studied it in school. Today’s
students, and most of today’s parents, have no concept of the
Constitution and our Constitutional form of a Representative Republic
{NOT a pure Democracy as some uniformed claim}. Most believe we
have a "Two Party System" and are governed by "majority vote".
George Washington warned us about having political parties as they would
divide the nation. And the Founding Fathers wrote the Constitution
to protect us from "The Tyranny of the Majority". How many
Americans know or understand this? Do your kids and grandkids know
and understand this?
There was a day when Congress had an important
committee that reviewed each law that came to the floor for a vote to
make sure it was constitutional. No member of congress wanted to
be embarrassed by voting "yes" on a law that was later ruled
unconstitutional. But this, alas, is as extinct as the gooney
bird. Now members of congress pass anything their party leaders
put in front of them and often without even reading it. They
depend on someone taking the issue to the Supreme Court – after they
have retired of course – if ever.
Contributed by Jack McVickers
===============================================================
A Primer in Constitutional law.................
Congress’ enumerated powers
By Publius Huldah Sunday, October 17, 2010
1. With the U.S. Constitution, We The People
created the federal government. It is our "creature",
and has no powers other than those We granted to it in
The Constitution.
Webster’s American Dictionary of the English Language
(1828), says re "constitution":
"In free states, the constitution is
paramount to the statutes or laws enacted by the legislature,
limiting and controlling its power; and in the United
States, the legislature is created, and its powers designated,
by the constitution."
If you, dear Reader, will study this paper and
read the Constitution, you will know more about it than most State &
federal judges, most law professors & lawyers, most who spout off on TV
& radio, and anybody in Congress (except for Michele Bachmann and
perhaps a few others). And you will certainly know more than anyone
currently occupying any office in the executive branch of the
federal government.
2. The federal government * has three branches:
Article I of the Constitution creates the legislative branch (Congress)
& lists its powers; Article II creates the executive branch & lists
its powers; and Article III creates the judicial branch & lists its
powers.
In this paper, we will consider only the
enumerated powers of Congress. But the powers of the other
two branches are likewise strictly limited and enumerated.
3. Congress is NOT authorized to pass any law
on any subject just because a majority in Congress think the law is
a good idea! Instead, the areas in which Congress is authorized to
act are strictly limited and defined ("enumerated").
Article I, § 8, grants to Congress the powers:
1. To
lay certain taxes;
2.
To pay the debts of the United States;
3.
To declare war and make rules of warfare,
to raise and support armies and a navy and to make rules
governing the military forces; to call forth the militia for
certain purposes, and to make rules governing the militia;
4.
To regulate commerce with foreign Nations,
and among the States, and with the Indian Tribes;
5.
To establish uniform Rules of
Naturalization;
6.
To establish uniform Laws on Bankruptcies;
7.
To coin money and regulate the value
thereof;
8.
To fix the standard of Weights and
Measures;
9.
To provide for the punishment of
counterfeiting;
10. To
establish post offices and post roads;
11. To
issue patents and copyrights;
12. To
create courts inferior to the supreme court; and
13. To
define and punish piracies and felonies committed on the high
seas, and offenses against the Laws of Nations.
Other provisions of the Constitution
grant Congress powers to make laws regarding:
14. An enumeration of the population
for purposes of apportionment of Representatives and direct
taxes (Art. I, § 2, cl. 3);
15. Elections of Senators &
Representatives (Art. I, §4, cl. 1) and their pay (Art. I, § 6);
16. After 1808, to prohibit importation
of slaves (Art. I, § 9, cl. 1); **
17. A restricted power to suspend Writs
of Habeas Corpus (Art. I, §9, cl. 2);
18. To revise and control imposts or
duties on imports or exports which may be laid by States (Art.
I, § 10, cl. 2 &3)
19. A restricted power to declare the
punishment of Treason (Art. III, §3, cl. 2);
20. Implementation of the Full Faith
and Credit clause (Art. IV, §1);
and,
21. Procedures for amendments to The
Constitution (Art. V).
The 13th, 14th, 15th, 16th, 19th, 23rd, 24th, & 26th
Amendments grant additional powers to Congress respecting civil rights &
voting rights, the public debt [lawfully incurred], income tax,
successions to vacated offices, dates of assembly, and appointment of
representatives from the D.C.
The Constitution authorizes Congress to exercise
throughout the States these and only these powers!
4. Two provisions of the Constitution grant to
Congress broad legislative powers over specifically defined
geographical areas:
a) Article I, §8, next to last clause, grants
to Congress "exclusive Legislation" over the following
geographically tiny areas: the seat of the government of the
United States (not to exceed 10 square miles), forts, arsenals,
dock-yards, and the like. As James Madison said in
federalist no. 43 at 2., it is
necessary for the government of the united states to have
"complete authority" at the seat of government, and over forts,
magazines, etc. established by the federal government.
b) article iv, §3, cl. 2 grants to congress
power to dispose of and make all needful rules and regulations
respecting the territory or other property belonging to the
united states (as opposed to property belonging to individual
states). as these territories became states, congress’ powers
under this article were terminated.
5. thus, congress has no authority to bail out
financial institutions, businesses, and homeowners who don’t pay
their mortgages; no authority to take control of our health care; no
authority to pass laws denying secret ballots to employees who are
solicited for membership by labor unions; no authority to take away
your ira’s and other retirement accounts,
no authority to pass laws respecting energy consumption or
"emissions", education, housing, etc., etc., etc.
Therefore, the laws which Congress has passed on such
topics are unconstitutional as outside the scope of the legislative
powers granted to Congress by The Constitution. We the People did
not give such powers to Congress when we ordained & established the
Constitution, created the Congress, and listed its 21 enumerated powers.
And these powers are not granted to Congress in any of the Amendments.
6. If you look at The List of powers We granted
to Congress, you will see that Congress’ legislative powers fall
into three categories:
a) International commerce and war;
b) Domestically, the establishment of an
uniform commercial system: weights & measures, patents &
copyrights, a monetary system based on gold & silver, bankruptcy
law, a [limited] power over interstate commerce, and mail
delivery. Congress also has the power to establish lower federal
courts and make rules for naturalization.
c) Protection of civil and voting rights.
That’s about it! All other powers are retained by
the States or the People!
7. You ask, "How can Congress make all these laws
if they are unconstitutional? How can what you say be true?"
Congress gets away with it because We are
ignorant of what our Constitution says; and We have been
indoctrinated into believing that Congress can do whatever they
want!
But consider Prohibition: During 1919 everyone
understood that the Constitution did not give Congress authority to
simply "pass a law" banning alcoholic beverages! So the
Constitution was amended to prohibit alcoholic beverages, and to
authorize Congress to make laws to enforce the prohibition (18th
Amdt.).
8. But during the regime of Franklin D. Roosevelt
(FDR), all three branches of the federal government abandoned the
Constitution: FDR proposed "New Deal"
programs; Congress passed them. At first, the Supreme Court ruled
(generally 5 to 4) that these programs were unconstitutional as
outside the legislative powers granted to Congress. But when FDR
threatened to "pack the court" by adding judges who would do his
bidding, one judge flipped to the liberal side, and the Court
started approving FDR’s programs (5 to 4).
9. Since then, law schools don’t teach the
Constitution! Instead, they teach decisions of the FDR-dominated
Supreme Court which purport to explain why Congress has the power to
regulate anything it pleases. The law schools thus produced
generations of constitutionally illiterate lawyers and judges who
have been wrongly taught that three clauses, the "general welfare"
clause, the "interstate commerce" clause and the "necessary &
proper" clause, permit Congress to do whatever it wants!
10. "Well", you ask, "what about ‘the general
welfare clause’? Doesn’t that give Congress power to pass any
law on any subject as long as it is for the ‘general Welfare of the
United States’ "? NO, IT DOES NOT!
First, you must learn what "welfare" meant when
the Constitution was ratified: "Welfare" as used in the Preamble & in
Art. 1, §8, cl. 1, U.S. Constitution, meant
Exemption from any unusual evil or calamity; the
enjoyment of peace and prosperity, or the ordinary blessings of society
and civil government (Webster’s, 1828).
But The American Heritage Dictionary of the English
Language (1969), added a new meaning: "Public relief—on welfare.
Dependent on public relief". Do you see how our Constitution is
perverted when new meanings are substituted for original meanings?
Second, James Madison addresses this precise
issue in federalist no. 41 (last 4 paras):
Madison points out that the first paragraph of art. i, §8 employs
"general terms" which are "immediately" followed by the "enumeration of
particular powers" which "explain and qualify", by a "recital of
particulars", the general terms. so, yes! the powers of congress
really are restricted to those listed hereinabove.
OUR FOUNDERS UNDERSTOOD that the "General Welfare",
i.e., the enjoyment of peace & prosperity, and the enjoyment of the
ordinary blessings of society & civil government, was possible only
with a civil government which was strictly limited & restricted in
what it was given power to do!
11. "OK", you say, "but what about ‘the
commerce clause’ (Art. I, §8, cl. 3)? Doesn’t that
give Congress power to pass laws on any subject which ‘affects’
‘interstate commerce’ "? NO, IT DOES NOT! In
federalist no. 22 (4th para) and
federalist no. 42 (11th &12th paras),
Alexander Hamilton & James Madison explain the purpose of the
"interstate commerce" clause: it is to prohibit the states from
imposing tolls and tariffs on articles of import and
export—merchandize—as they are transported through the states for
purposes of buying and selling. that’s what it does, folks; and
until the mid-1930’s and fdr’s "new deal", this was widely
understood. ***
12. "Well, then", you say, "doesn’t the
‘necessary & proper’ clause’ (Art. I, §8, last clause) allow
Congress to make any laws which the people in Congress think are
‘necessary & proper’?" NO, IT DOES NOT! Alexander
Hamilton says the clause merely gives to Congress a right to pass
all laws necessary & proper to execute its declared powers (
federalist no. 29, 4th para); a power
to do something must be a power to pass all laws necessary & proper
for the execution of that power (
federalist no. 33, 4th para); "the constitutional operation
of the intended government would be precisely the same if [this
clause] were entirely obliterated as if [it] were repeated in every
article" ( federalist no. 33, 2nd para);
and thus the clause is "perfectly harmless", a tautology or
redundancy. ( federalist no. 33,
4th para). James Madison agrees with Hamilton's explanation. (
federalist no. 44, 10th-17th paras). in
other words, the clause simply permits the execution of
powers already declared and granted. Hamilton & Madison are clear
that no additional substantive powers are granted by this clause.
13. The 10th Amendment states:
The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people.
So! If a power is not delegated by the Constitution
to the federal government; and if the States are not prohibited (as by
Art. I, § 10) from exercising that power; then that power is
retained by the States or by The People. And WE are "The
People"!
14. Our Framers insisted repeatedly that Congress
is restricted to its enumerated powers. James Madison says in
federalist no. 45 (9th para):
The powers delegated by the proposed Constitution
to the federal government are few and defined. Those which
are to remain in the State governments are numerous and indefinite.
The former will be exercised principally on external objects,
as war, peace, negotiation, and foreign commerce; with which
last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the
objects which, in the ordinary course of affairs, concern the lives,
liberties, and properties of the people….[emphasis added]
In Federalist No. 39
(14th para):
...the proposed government cannot be deemed a
national one; since its jurisdiction extends to certain enumerated
objects only, and leaves to the several States a residuary and
inviolable sovereignty over all other objects.
and in Federalist No. 14
(8th para):
...the general [federal] government is not to be
charged with the whole power of making and administering laws.
Its jurisdiction is limited to certain enumerated objects…
15. In all its recent legislation, Congress
ratchets up its concerted pattern of lawless usurpations. The
executive branch and the federal courts approve it. Such is the
essence of tyranny. They are "ruling" without our consent, and hence
the federal government is now illegitimate. PH
* "Federal" refers to the form of government:
An alliance of States with close cultural & economic ties associated in
a "federation" with a national government to which is delegated
supremacy over the States in specifically defined areas.
** Some object that our Constitution endorsed
slavery. During the 18th century, slavery was universal. Article I, § 9,
clause 1, is our Proclamation to the World that WE would abolish the
slave trade! Of course, James Madison wanted the "barbarism" &
"unnatural traffic" of the slave trade abolished immediately (
Federalist Paper No. 42, 6th
para).
*** See Justice Clarence Thomas’ concurring opinion
in United States v. Lopez (1995). justice
thomas’ opinion shows why those disposed to usurp attack him so
virulently.
Publius Huldah
Most recent
columns
Publius Huldah is a retired lawyer who lives in
Tennessee USA. She writes on the U.S. Constitution and posts her
papers at publiushuldah.wordpress.com Before
getting a law degree, she got a degree in philosophy where she
specialized in political philosophy and epistemology (theories of
knowledge).
Using primarily The Federalist Papers, which were
written during 1787-1788 by Alexander Hamilton, James Madison & John
Jay, in order to explain the proposed Constitution to the American
People and induce them to ratify it, Publius Huldah explains the true &
original meaning of the U.S. Constitution. She also shows how
modern day judges on the U.S. federal courts have completely abandoned
the U.S. Constitution and have substituted their own personal views and
opinions for The Constitution.
Publius can be reached at:
Publiushuldah@twlakes.net
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~ Scottsdale Mayor
WJ "Jim" Lane Speaks
The Scottsdale Republic’s editors just have
it wrong. And to a degree I understand why; they’re journalists, not
publicly elected representatives with constituents that deserve open and
transparent financial account information.
Their editorial of 10/2/10 calls for the
rejection of the Charter Task Force’s and the Council’s recommended
charter amendment Proposition 414. This proposition does not
"re-structure city government" as the Scottsdale Republic states, but it
amends the Charter to ensure that the treasurer’s position is
consistently maintained as a charter officer, as was intended by the
founders. Prop 414 importantly ensures that the intended checks &
balances in our Council-Manager form of governing are upheld and that
the accountability of the treasurer’s position to the Council and
therefore to the citizens remains like all the other (6) charter officer
positions.
The newspaper has struggled with this idea
for some time. Only when your Council was finally able to free up
financial information from the control of the previous city manager, and
some of the costly and damaging consequences of this corrupted system
became known, did the newspaper finally acknowledged the checks and
balances this newly independent and accountable treasurer’s position
affords us.
The change will help to ensure that we will
not have a recurrence of the retirement incentive debacle, the
misrepresentation of the medical leave conversion costs and the serious
mismanagement of lease capitalization and debt structure. All of which
has cost the city tens of millions of dollars of taxpayer resources.
Prop 414 helps your Council to stand guard and vigilant against internal
bureaucratic agendas and run away government growth.
It is imperative that your elected
representatives can trust and hold accountable their charter officer
executive team; City Manager, City Treasurer, City Attorney, City Clerk,
City Auditor and the Presiding City Judge. We must have the best
possible professional advice from each of them in order to do our job
and be accountable to you.
The control of the growth in government is
not a political issue as was once suggested by the paper. It is truly
the responsibility of your elected representatives to control
constitutionally and financially the workings of your government. The
greater openness and accountability this proposition affords us, would
have helped to avoid for example, the kind of runaway government
excesses the poor taxpayers of Bell, California were shocked to
accidentally uncover. We need Council members who recognize and support
this important proposition, so know where your council candidates stand
on Prop 414.
The other amendment propositions included
in the total seven of 411 thru 417, either further confirm or strengthen
charter governing policies protecting; your property from government
condemnation, the arbitrary use of taxpayer resources to subsidize
private entities without reciprocal and corresponding benefits to the
community and, affirming and clarifying your right to petition your
government. Still further, others relate to administrative fixes to the
operation of your government that will assure your elected officials are
able to do the job you sent them there to do. You can see further
details at
http://www.scottsdaleaz.gov/elections.asp
.
I urge you to vote for all of the
Charter amendment propositions (411-417) and specifically 414.
W.J. "Jim" Lane, Mayor
City of Scottsdale
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~ No Where to Go………..
Thanks to an inept planning department, the also
inept and out of touch department of Economic Vitalization, the prior
mayor and her administration, and other short sighted (or No Sighted)
city people, there are no single areas where any organization can go to
have an event where everyone, the business, the city, and the
organization win.
We used to have Los Arcos; Gone
We used to have Rawhide; Gone
We used to have a thriving Downtown without
bars; Gone, except for the drunks.
So now we have our home town Greater Scottsdale Boys
and Girls Club having a social event where eating food is the main
object and there is NOWHERE in Scottsdale to hold such an event anymore!
Where is it being held? Desert Ridge Market Place
at Tatum and Loop 101. All of the sales tax dollars go to Phoenix,
the profits go to Phoenix businesses, but oh yeah, any donations go to
the Scottsdale Boys and Girls Club. The donations are a great thing, but
giving all the profits and sales tax dollars to Phoenix is really
stupid, but sadly far too typical of today’s inept, out of touch
Scottsdale city government and council majority!
When will our city council, city planners, etc get
their heads out of their butts and look at reality! A tourist
destination like Rawhide or something like it could be put on the 80
acres at West World as it should have been when Rawhide decided to sell
the land it was located upon; DUH!!!
Let’s get your heads out of your butt’s council and
staff and start working for the citizens, not the developers, builders,
etc.
PLEASE!!! VOTE FOR THOSE WHO ARE NOT
SUPPORTED BY THE CHAMBER, BUSINESSES WHO SUPPORT THE CHAMBER, OR THE
BUILDER/DEVELOPERS WHO ARE TEARING OUR CITY TO SMITHEREENS WITH OVER
POPULATION, DENSITY, HEIGHT, AND WORSE THAN POOR PLANNING .
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~
Information You Can Use
Just
click on the
logos
below
to go to
these websites.


Send our Brave
Troops "Something from Home",
Click
on Links
below.
 

Gathering of Eagles
Website was launched 2/9/07. Click on the Logo
above for more information on how they are protecting
America's Memorials.
~
UPDATE!!
A "Must See" for All Americans
Thank you for posting the terrorism
videos! Very informative- Here are a
couple links that people may also be
interested in- More of a "stealth
jihad" on the American education
system and our young people-
http://media1.terrorismawareness.org/files/MSA.swf
(these speakers go to grade schools,
middle schools, high schools,
colleges and other places)
|
Every American should
check out all of these websites to
learn more about what the American population is about to have to deal
with.

This is NOT for Children.
I don't normally allow anything but
Scottsdale information in the Scottsdale Activist but after receiving
many emails about this and viewing it, I think that it's imperative that
every adult at least look at what's offered here if for nothing more
than their own education and to have everyone stop and think about the
future of our country. Click on the link below,
www.obsessionthemovie.com
If you don't have Adobe Flash,
install it from the bottom of the page that comes up after you click on
the link above. You should be able to view all available links within
the main page.
The website below
is of great interest as seen from a Lebanese point of view:
http://www.youtube.com/watch?v=-8fa9yKQeTY
The website below gives some
history of Terrorist attacks:
http://patriotfiles.org/civilizationcalls.htm
This website tell you what
REALLY happened:
http://www.terrorismawareness.org/what-really-happened
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~ View Past
City Council Meetings
We can now access the city council meetings by
clicking on the following link:
http://scottsdale.granicus.com/ViewPublisher.php?view_id=3
If you have any problems, check your firewall and
other safety features which could block access to the city site.
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~Continuing
Light Rail Information
The Scottsdale Citizens Transportation Study
Committee invites you to view their website for more questions
and answers at
www.norailforscottsdale.com .
================================================================
Simply click on the links
below to get all the information you'll ever need
concerning Light Rail.

Goldwater Institute Report

American
Dream Coalition

The
Public Purpose
If you
have any questions about light rail, send them to
editor@scottsdaleactivist.com and we'll get the answers to you as
soon as we can.
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~
Find Great Gas Prices
Hello All,
This seems to work well. Click on the link
below to Check it out. Helpful hint! Just plug in your zip code
and it tells you which gas stations have the cheapest prices (and the
highest) on gas in your zip code area. It's updated every evening.
Gas Prices - MSN Autos
Be a good neighbor and pass this along.
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The Scottsdale Activist is
published, and edited in Scottsdale AZ ~ 480-326-2475 |