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.

~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………….

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~ 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!!!

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~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.

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~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!!!

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~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

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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.

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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!!

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~ 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

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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