Archive for the ‘mind control and the masses’ Category

The Mysterious Death of Dr David Kelly: Damning New Evidence Points to a Cover-up by Tony Blair’s Government

Tuesday, June 29th, 2010

by Miles Goslett and Stephen Frost

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Global Research, June 27, 2010

Miles Goslett, Stephen Frost

The official story of Dr David Kelly is that he took his own life in an Oxfordshire wood by overdosing on painkillers and cutting his left wrist with a pruning knife.
He was said to be devastated after being unmasked as the source of the BBC’s claim that the Government had ‘sexed up’ the case for war in Iraq.
A subsequent official inquiry led by Lord Hutton into the circumstances leading to the death came to the unequivocal conclusion that Kelly committed suicide.
Yet suspicions of foul play still hang heavy over the death of the weapons expert whose body was found seven years ago next month in one of the most notorious episodes of Tony Blair’s premiership.

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Mystery: A new investigation into the death of weapons expert Dr David Kelly has revealed shocking new claims of a government cover-up

Many believe the truth about the manner of Dr Kelly’s death has never been established properly. Some even fear that the 59-year-old, the world’s leading expert in biological and chemical weapons, was murdered.

Of course, it would be easy to dismiss these sceptics as wild conspiracy theorists — but for the fact they include eminent doctors and MPs.

The blanket of secrecy thrown over the case by the last Labour Government has only fuelled the sense of mystery.

In January this year, it emerged that unpublished medical and scientific records relating to Dr Kelly’s death – including the post-mortem report and photographs of his body – had been secretly classified so as not to be made public for 70 years.

Lord Hutton, who had been appointed by Blair, was responsible for this extraordinary gagging order, yet its legal basis has baffled experts accustomed to such matters.

Against this shadowy background, we have conducted a rigorous and thorough investigation into the mystery that surrounds the death of David Kelly. And our investigation has turned up evidence which raises still more disturbing questions.

Our new revelations include the ambiguous nature of the wording on Dr Kelly’s death certificate; the existence of an anonymous letter which says his colleagues were warned to stay away from his funeral; and an extraordinary claim that the wallpaper at Dr Kelly’s home was stripped by police in the hours after he was reported missing – but before his body was found.

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Suicide? An aerial view of Harrowdown Hill, Oxfordshire, where Dr David Kelly’s body was discovered in July 2003

Until now, details of Dr Kelly’s death certificate have never been made public.

But the certificate was obtained by a group of leading doctors who have spent almost seven years investigating the case; doctors who believe it is medically implausible that he died in the manner Hutton concluded and are alarmed at the unorthodox way the death certificate was completed.

Near the top of all British death certificates is a box headed ‘Date and place of death’, in which a doctor or coroner should declare the exact location of a death, if it has been established.

Dr Kelly’s certificate gives his date of death as July 18, 2003. It then states in reference to place of death: ‘Found dead at Harrowdown Hill, Longworth, Oxon’.

Why was the word ‘found’ used? Why was the crucial question of ‘place of death’ not answered? The death certificate should be precise about the time, cause and location of death.

The doctors who have investigated the case believe the failure to answer this question leaves open the possibility that Dr Kelly died somewhere other than Harrowdown Hill, the wood where his body was discovered. If this was the case, they are concerned the law may have been subverted over Dr Kelly’s death.

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Dr David Kelly leaving The House of Commons, Tuesday July 15, 2003 after giving evidence to the Commons select committee

Any such irregularity would inevitably add to the pressure to reopen the case. Indeed, earlier this month it was revealed that Justice Secretary Ken Clarke and Attorney General Dominic Grieve, who have the power to undo Hutton’s 70-year gagging order and demand a coroner’s inquest into Dr Kelly’s death, are poised to re-open the case.

To this day, the location where Dr Kelly died remains a mystery — yet it is surely the most basic requirement of an investigation into any violent or unexpected death.

Nor was the question of the location of death raised at the Hutton Inquiry.

Amazingly, Chief Inspector (now Superintendent) Alan Young of Thames Valley Police, who headed the investigation into Dr Kelly’s death, did not even give evidence to the Hutton Inquiry.

Significantly, it emerged via a Freedom of Information request in 2008 that a police helicopter with heat-seeking equipment which searched for Dr Kelly on the night he disappeared did not detect his body.

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Search: It is claimed that on the night Dr David Kelly went missing, officers from Thames Valley Police removed wallpaper from his house

At 2.50am on July 18, 2003, the helicopter flew over the exact spot where Dr Kelly’s body was found by a search party less than six hours later, at 8.30am.

Yet the pathologist who took Dr Kelly’s body temperature at 7pm on the day his body was found determined that Dr Kelly could still have been alive at 1.15am on July 18 — just 95 minutes before the helicopter flew over the patch of woodland.

If that was the case, the body would have been warm enough to be picked up by the helicopter’s heat sensors. Why didn’t the helicopter pick it up? Was it because Dr Kelly did not die where his body was found?

A full coroner’s inquest, which, by law, must be held following any sudden, unexpected or violent death, would have addressed these discrepancies.

But no full inquest was ever held.

Oxfordshire Coroner Nicholas Gardiner opened an inquest on July 21. But on August 13 the then Lord Chancellor Lord Falconer, Tony Blair’s former flatmate, ordered it to be adjourned indefinitely.

Falconer used an obscure law to suspend proceedings, and for the first time in English legal history he replaced an inquest with a non-statutory public inquiry to examine a single death, seemingly without any public explanation.

When we tracked Mr Gardiner down, he refused to say whether he was ‘either happy or unhappy’ about this decision, but he did admit: ‘Public inquiries of this sort are very rare creatures. I think this was only about the third there had ever been.’

In fact, it was the fourth. Using a public inquiry to replace a coroner’s inquest – under Section 17a of the Coroner’s Act – in order to examine a death has only ever happened in three other cases. And in each case, it was where multiple deaths have occurred.

These were the incidents in which 31 people were killed in the Ladbroke Grove rail crash in 2000; the 311 deaths connected with Dr Harold Shipman; and the 36 deaths associated with the Hull trawler Gaul which sank in the Barents Sea in 1974 and whose case was re-opened in 2004.

The public was led to believe that the death of Dr Kelly would be investigated more rigorously by the Hutton Inquiry than by a coroner.

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Conclusion: Lord Hutton’s inquiry ended while the judge was still taking evidence from witnesses. Coroner Nicholas Gardiner, right, refused to say whether he was ‘either happy or unhappy’ that an inquest he opened was indefinitely adjourned

But it is now clear that the opposite was in fact true – for Hutton lacked the powers of a coroner. He could not hear evidence under oath; he could not subpoena witnesses; he could not call a jury; and he could not aggressively cross-examine witnesses.

Astonishingly, on August 18, less than three weeks into the Hutton Inquiry, which opened on August 1, Dr Kelly’s death certificate was mysteriously completed and the cause of his death officially registered as haemorrhage.

Put another way, five weeks before the Hutton Inquiry ended on September 24, 2003, and while the judge was still taking evidence about Dr Kelly’s death from witnesses, the official record of the cause of death was written and the case effectively closed.

Misleadingly, the death certificate states an inquest did take place on August 14 – even though we now know no inquest actually happened. And extraordinarily, though it bears the signature of the registrar, it is not signed by either a doctor or a coroner as every death certificate should be.

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Dr Kelly was discovered on Harrowdown Hill, next to woodland at the top centre left of the picture

Dr Michael Powers QC, a former coroner and an expert in coroner’s law who is working to secure a full and proper inquest, said: ‘This death certificate is evidence of a failure properly to examine the cause of Dr Kelly’s death. It is evidence of a pre-judgment of the issue. In a coroner’s inquest the cause of death would not be registered until the whole inquiry had been completed. As we see here, the cause of death was registered before the Hutton Inquiry had finished.

‘This is remarkable. To my mind it is evidence that the inquiry into Dr Kelly’s death was window-dressing because the conclusion had already been determined.’

Since January 2004 a group of doctors has worked unstintingly for a fresh inquest to be held into David Kelly’s death because of the blatant shortcomings of the Hutton Inquiry.

They are radiologist Stephen Frost, trauma surgeon David Halpin, vascular surgeon Martin Birnstingl, epidemiologist Andrew Rouse and internal medicine specialist
Christopher Burns-Cox. Their investigations have raised many doubts about the widespread assumption that Dr Kelly killed himself.

A letter they wrote to the Press in January 2004 marked the first time anyone had raised the possibility in the mainstream media of Dr Kelly’s death not being a suicide.

In 2009 they spent almost a year researching and writing a medical report which disputes Hutton’s assertion that Dr Kelly died from haemorrhage after severing the ulnar artery in his left wrist. The doctors argued that the wounds to Dr Kelly’s left wrist would not have caused him to bleed to death.

In January this year they discovered that Lord Hutton made the extraordinary 70-year gagging order.

Since then they have asked via their lawyers Leigh Day & Co to see the classified records, but under the last Labour Government, the Ministry of Justice – the department which holds them – repeatedly denied them access in the run-up to the last General Election. No reason was given.

Liberal Democrat MP Norman Baker, who in 2007 wrote a book suggesting that Dr Kelly was murdered, used the Freedom of Information Act in January to apply to the Ministry of Justice to see the records.

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British police officers guard a road leading to Harrowdown Hill near the home of Dr Kelly in Oxfordshire

His request was also denied. Using section 41 of the Act – known as an ‘absolute exemption’ – the ministry said it was not obliged to reveal the information.

Mr Baker, now a transport minister in the coalition government, has appealed against this decision. But he and the group of doctors are not the only ones who harbour suspicions about a cover-up of Dr Kelly’s death.

Only last month one of the doctors, David Halpin, received an anonymous and carefully worded letter from someone claiming to be a relative of a former colleague of David Kelly’s at the Ministry of Defence.

The correspondent said Kelly’s colleagues were ‘warned off’ attending his funeral – presumably by MoD officials, although this is not made explicit.

Similarly, in his recently published book ‘The End Of The Party’, the political  commentator Andrew Rawnsley (who has close links with the Labour high command) claims that Geoff Hoon, Defence Secretary at the time of Kelly’s death, was so furious about being removed by Tony Blair as Leader of the House of Commons in May 2006 that he wrote out a resignation statement.

According to Rawnsley, ‘he planned to make a speech about the [David] Kelly affair that he told friends could trigger the instant downfall of the Prime Minister’.

Frustratingly, there are no more details in Rawnsley’s book about what Hoon was referring to – but Hoon visited Dr Kelly’s widow shortly after his death and has never publicly denied this explosive charge.

Equally inexplicable is the attitude of Dr Nicholas Hunt, the forensic pathologist who attended the scene when Dr Kelly’s body was found on Harrowdown Hill.

Dr Hunt’s duty as forensic pathologist is to help uphold the rule of law. In March 2004, after the Hutton Report was published, Dr Hunt contacted Channel 4 News and said he thought a full coroner’s inquest should be held.

Yet mysteriously, he says now that – despite contacting the TV station – he has ‘maintained a silence on this [matter] on behalf of the [Kelly] family for a very long time’.

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Tragic: Dr David Kelly’s grave at St Mary’s church in Longworth, Oxfordshire. Several doctors argued that the wounds to his left wrist would not have caused him to bleed to death

Adding further to the case for a proper inquest is a new fascinating claim by a woman who has also worked closely with the doctors and helped Norman Baker with his book.

Rowena Thursby, a former publishing executive who became fascinated with the case and started looking into it, told us that Dr Kelly’s widow, Janice, admitted to her that on the night Dr Kelly was reported missing in July 2003 – but hours before his body was found -Thames Valley Police asked her and her daughters to leave their house and wait in the garden.

It later emerged that while the Kellys were outside, officers stripped wallpaper from their sitting room. Why would they have done that? Could they have been ‘sweeping’ his property for listening devices?

It is certainly a possibility. Despite the fact that the Labour government patronisingly dismissed him as a ‘Walter Mitty character’ and nothing more than a middle ranking
official in the Ministry of Defence, Dr Kelly was arguably the world’s pre-eminent expert on biological and chemical weapons of mass destruction.

We have established that he had access to the highest levels of the security services and was cleared to see the most highly classified intelligence.

The claim that police removed wallpaper from his house has never been confirmed or denied by Thames Valley Police — they refuse to make any comments about the Kelly case.

All these new revelations add weight to the list of unanswered questions surrounding Dr Kelly’s death, such as why were no fingerprints found on the knife with which he allegedly killed himself — even though he wore no gloves.

As with the extraordinary details of the helicopter search, this vital information was only obtained using the Freedom of Information Act almost five years after the Hutton
Inquiry ended. It was not heard at the inquiry.

The doctors insist that concern about Dr Kelly’s death will continue to deepen until a full coroner’s inquest is heard. If one is finally granted, many will expect Tony Blair and Lord Falconer to be called to explain under oath why they went to such lengths to avoid the normal, rigorous and respected course of this country’s law.

Until this happens their reputations will continue to suffer, as will the reputation of the British legal system. The unavoidable conclusion must be that a full coroner’s inquest is the only way the whole truth about the Kelly affair, however uncomfortable, will emerge.

This report was also published by the Mail online. Copyright Miles Goslett, Stephen Frost, 2010.

Global Research Articles by Miles Goslett

Global Research Articles by Stephen Frost

 

http://www.globalresearch.ca/index.php?context=va&aid=19930

War, Politics and the Economic Crisis: Why We Barely Know What’s Going On

Friday, June 11th, 2010

In war as in Politics and finance, the real "action" is now covert hidden from the public — deceptive and dishonest

by Danny Schechter

Global Research, June 11, 2010

Defending America covertly has become an ongoing theme for one more TV series. Salute the flag and praise NBC (GE) for its latest effort to persuade the population to accept the kind of secret operations that now drive the war in Afghanistan. Their latest show is called “Covert Affairs” and airs on the patriotically named USA Network.

This fiction is based on faction, glamorizing the work of our unaccountable CIA at home and at war with Piper Perabo who has been promoted from dancing barmaid in Coyote Ugly into a CIA trainee “who is suddenly thrust into the inner sanctum of the agency after being promoted to field operative.”

The dumbed down formula is tried and true , showcasing what TV pros call “the three S’s:” Sex, Spies, and Sensationalism.

It’s a “world of bureaucracy, excitement and intrigue,” the network tells us, on the frontlines of protecting our declining way of life. Doug Limon, an old friend who directed the first Bourne blockbuster is exec producing this propaganda exercise. And if that’s not bad enough, the series about covertly defending America is being overtly filmed in Canada. Toronto gets the jobs, one more reason, no doubt, why we have had a “jobless recovery” here at home.

So much of politics and economics today is a covert affair where public knowledge is blatantly manipulated. For weeks, we were told that political incumbents were toast until they weren’t in the recent election, but few media outlets let the facts get in the way of their Tea Party reinforced and endlessly repeated narrative.

On another big story, 49% of the American public is said to have been convinced by one-sided pro-Israeli coverage of the Gaza Flotilla interception perhaps because it built on long embedded perceptions in which alternative information—make that factual information– is excluded.

Netanyahu’s publicity army got out its video version of the events first even as his military army screwed up while keeping their victims from getting out theirs. The US media dutifully used it as a perception management exercise of demonizing Israel’s critics and boostering the heroism of the IDF’s pirates at sea while keeping the humanitarian aid workers from the media and seizing/surpressing their videos—which are just getting out—a bit late, perhaps too late to change the media frame.

The outsourcing of jobs for actors on TV shows mirrors the wider outsourcing in the economy as a whole. So many jobs are gone and not coming back.

There is a growing number of war jobs while civilian employment sinks. Pro-business propaganda has successfully convinced the Congress that deficit reductions must come before job creation. The National Employment Law Project (NELP) reports:

“The Department of Labor has reported that more than 300,000 workers will run out of benefits by June 12th, the end of the first week Congress returns from recess.”

Economist and former Labor Secretary Robert Reich attacks what he calls the “Deficit hawks” by arguing that consumer spending is 70 percent of the American economy, so if consumers can’t or won’t spend we’re back in the soup.

He writes, “Yet the government just reported that consumer spending stalled in April – the first month consumers didn’t up their spending since last September. Instead, consumers boosted their savings, probably because they’re worried about the slow pace of job growth ….

So what’s Congress doing to stoke the economy as consumers pull back? In a word, nothing.”

Congress may not be passing new job creation bills but there is something insidious underway as these deficit hawks are said to be beginning to target Medicare and Social Security.

As for financial reform, many media outlets are not sure where that is going either. Example, an editorial in the Milwaukee Journal:

“As Congress works to put the finishing touches on a massive bill to reform the nation’s financial system, it’s a fair question to ask whether the proposed legislation will do what its sponsors claim: reduce the odds of another crisis, protect consumers and ensure that taxpayers won’t be on the hook for a future bailout.

At the same time Heather Booth of Citizens for Financial Reform is mildly optimistic, and chides my pessimism, writing:

“Do think you are not recognizing what was accomplished–while it is  important to say that the struggle goes on and the nature of the crisis demands more.

We achieved so much more than anyone thought we could at the start of this  fight.

First time there was real fight back against Wall Street. And the bill has gotten stronger, not weaker. We probably will win: consumer protection–still need no carve outs in the  future fight to greater enforcement

….There is MUCH more to do: ban naked credit default swaps (the weapons of  mass financial destruction), foreclosure (!!!) and community reinvestment,  executive compensation, and more. But quite a start and should not be discounted.”

I hope she’s right but, even as no changes have yet been made, there has been a wave of unjustified media optimism as satirized by the Onion which asks, “Could the economy be on the rebound? Here are some other favorable indicators:”

Sufficient supplies of toilet paper in all rest stops between Tomah, WI and Gary, IN Jim Cramer no longer wildly waving a gun around during his telecast

Phrase "Fucking Goldman Sachs" has been dropped almost completely in favor of "Fucking BP." Alas, this is nothing to joke about as an article on the Naked Capitalism website makes clear:

“It is not a sign of intelligence to repeat a course of action and expect different results. Yet our officialdom is doing pretty much just that on the economic front. Treasury and the Fed in particular seem quite pleased with their success in patching up the financial system with duct tape and baling wire and prodding it into a semblance of operation via massive support, most notably via super low interest rates…

The failure to change the structure, operation, or leadership of major financial firms means they are just about certain to repeat the same behavior that led to mind-numbing bonuses in 2007 and 2009.”

In the meantime, even as an investigation of Goldman Sachs is being broadened, there is still no clamor in Congress or big media to go after financial crime, the story I tell in my film Plunder The Crime of Our Time. (Plunderthecrimeofourtime.com)

The sad truth is that the banksters who have gotten away with the massive theft of our economy are still getting away with it and profiting while so many of us continue to sink.

News Dissector Danny Schechter offers his “crime narrative” in his book The Crime of Our Time and in the film, Plunder The Crime Of Our Time. (Plunderthecrimeofourtime.com.) Comments to dissector@mediachannel.org

Danny Schechter is a frequent contributor to Global Research. Global Research Articles by Danny Schechter

 

http://www.globalresearch.ca/index.php?context=va&aid=19671

More posturing? US calls for Israel to sign nuclear Non-Proliferation Treaty

Monday, May 31st, 2010

Raw Story
Sun, 30 May 2010 21:26 EDT

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© Unknown

Washington’s unprecedented backing for a UN resolution for a nuclear-free Middle East that singles out Israel has both angered and deeply worried the Jewish state although officials are cagey about openly criticising their biggest ally.
The resolution adopted by the United Nations on Friday calls on Israel to join the Non-Proliferation Treaty (NPT) and urges it to open its facilities to inspection.
It also calls for a regional conference in 2012 to advance the goal of a nuclear-free Middle East.
Israel is widely believed to be the only nuclear power in the Middle East, with around 200 warheads, but has maintained a policy of deliberate ambiguity about its capabilities since the mid-1960s.
The document, which singles out Israel but makes no mention of Iran’s controversial nuclear programme, drew a furious reaction from the Jewish state who decried it as "deeply flawed and hypocritical."
But it was US backing for the resolution which has caused the most consternation among Israeli officials and commentators, who interpreted the move as "a resounding slap around the face" which has dealt a very public blow to Israel’s long-accepted policy of nuclear ambiguity.
Publicly, the Israel government has not criticised the US position but privately, officials expressed deep disappointment over the resolution, which Washington backed despite intensive Israeli efforts to block it.
According to the top-selling Yediot Aharonot daily, the government of Prime Minister Benjamin Netanyahu was "furious with the Obama administration for having failed to prevent the resolution from passing… and for choosing to support it."
"The American support for the resolution, after decades in which it supported Israel on this issue, came as a complete surprise," the paper said.
"In the secret talks that Netanyahu held with Obama’s men… Israel was promised that the resolution would not focus on Israel and that if it did, the Americans would vote against."
The left-leaning Haaretz daily said Israel had been "sacrificed by the US on the altar of a successful conference" in what constituted "a diplomatic victory for Egypt" which has campaigned against Israel’s nuclear arsenal.
Five years ago, the paper recalled, Obama’s predecessor George W. Bush, refused to accept parts of a draft document calling on Israel to join the NPT and dismissed the idea of holding talks to create a nuclear-free Middle East — even at the cost of the conference’s failure.
The controversial resolution was passed just days ahead of a key meeting between Obama and Netanyahu aimed at restoring friendly ties between the two allies which had been soured over a dispute about Jewish settlements.
But the Maariv daily said that Obama’s ‘last minute’ invitation for Netanyahu to visit the White House had clearly been planned with the NPT review conference in mind.
"It is reasonable to assume that the Americans knew they were going to deliver a blow to Israel’s policy of nuclear ambiguity and that Obama wanted to try to minimize the damage," the paper said.
The move draws a line under a long-held "agreement" between Israel and Washington dating back to 1969 under which the Jewish state was permitted to keep silent on its country’s nuclear potential while holding back from any nuclear test.
In return, Washington agreed not to exert or allow any pressure on Israel over its nuclear capabilities.
"It is an undeniably negative change to US policy" with regards to Israel’s nuclear programme, said Eitan Gilboa, an analyst from Bar Ilan University near Tel Aviv.
Pointing to contradiction between Obama both applauding the resolution and criticising it for singling out Israel, Gilboa said Washington was "losing its leadership role because of the naive and unrealistic" outlook of its president.
Source: Agence France-Presse

 

http://www.sott.net/articles/show/209599-More-posturing-US-calls-for-Israel-to-sign-nuclear-Non-Proliferation-Treaty

Three Deadly Weapons

Tuesday, May 18th, 2010

by Timothy Reeves, Oregon Tenth Amendment Center

killed-the-constitutionAny honest reading of the US Constitution gives the impression that the Federal Government is but a lackey to the states. However, when it comes to the way it has been interpreted (incorrectly), there are three clauses which are widely cited as authority to usurp power which belongs elsewhere. In this article, I intend to delve into these and examine how they are true or false. I also intend to highlight the impact that the abuse/use of these clauses has had.

Commerce Clause

Article I Section8 Clause3 of the Constitution states that Congress has the power:

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

This obviously means Congress has the right to regulate how much grain you can grow on your land for your own consumption, right? If you said no it does not (like any other thinking person), you are out of step with the US Supreme Court. This also means that the Congress can force you to purchase health insurance, right? If you said no, you are out of step with the Congress. Surely the Commerce clause means that if a migratory bird (that is hunted in another state) lands on your property, then your property can be seized by the Federal Govt. due to it’s part in interstate commerce right? No?

How about this one; The Federal Government can make gun laws (in direct contravention of the US Constitution) because they are sold over state lines. Obviously the ambiguous verbiage above allows them the authority to ignore the clearly unambiguous verbiage of “shall not be infringed,” right?

Well, there is the Government’s case, now how about the governed? For our case I will focus on some quotes from the founders:

How about that James Madison (the acknowledged father of the Constitution)?

It is very certain that [the commerce clause] grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government.

So… the way I read James Madison here is that the Commerce clause is to keep the states themselves from interfering with commerce (laying tariffs between states, placing restrictions on imports, etc…). It seems that Madison did not want the Federal Government using the Commerce clause to control… well.. everything.

How about Thomas Jefferson? Here is the quote I found from him-

“[The commerce clause] does not extend to the internal regulation of the commerce of a State (that is to say, of the commerce between citizen and citizen) … but to its external commerce only, that is to say, its commerce with another State, or with foreign nations, or with the Indian tribes.”

Hmmm… I think Thomas Jefferson agreed with me. The Commerce clause was intended only to regulate resale.

In fact, the federalist papers used the term “commerce” dozens of times, and they all amounted to the resale of things by merchants and shippers, not one time did it mean growing of agriculture or manufacturing of products for sale. If this context was examined, then this would be the original intent of the Constitution.

Necessary And Proper Clause

Article I Section8 Clause18 states that Congress has the power:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Most school children are taught that this clause was added so that Congress could legislate on issues that would come with new inventions. (My teacher used to say that there were no autos in 1789, so they needed to put this clause in).

Surely this clause means that Congress can make any law they want, right? The problem with this view is that at the end of this clause the Constitution clearly limits the power to making laws necessary to carry out the other laws in the Constitution. In other words, Congress has the power to raise and support a navy, so they have the power to train sailors and commission ships.

These powers are referred to as “incidental powers.” They must be smaller than the power they are used in conjunction with. That is, they may regulate interstate commerce, but may not regulate state governments or laws.

Some examples of “necessary and proper” overreach are:

In 1896, it was ruled that it was legal for the Federal Government to condemn a railroads property to build a national park on the basis that it was necessary to the national defense that the citizens are proud of their country.

Now, I love my country as much as anyone else alive, however, I love the freedoms more than the national park, and this just illustrates what freedoms we do not have. The necessary and proper clause was also used to justify the national bank as necessary to conduct the borrowing and national defense powers of Congress. But lets look at some other input:

Joseph Story (an early Supreme Court Justice) said-

“The plain import of the clause is, that congress shall have all the incidental and instrumental powers, necessary and proper to carry into execution all the express powers. It neither enlarges any power specifically granted; nor is it a grant of any new power to congress. But it is merely a declaration for the removal of all uncertainty, that the means of carrying into execution those, otherwise granted, are included in the grant.”

This about spells it out. The debate for McCullough Vs. Maryland is another source for quotes from Hamilton, Madison and Jefferson.

General Welfare Clause

To promote or to provide for the general welfare, appears in two places in the US Constitution;

First in the preamble, which is just a listing of reasons and gives no powers whatsoever, and then Article I Section8 Clause 1 where it states:

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;”

Does this clause mean that Congress has no limits except what they believe will advance the “general welfare?” Is it just the Supreme Court which determines the general welfare, but the federal government may do anything that the court does not forbid? This is the primary opinion of the elite and the elected. It has been used to justify welfare, Medicare, Social Security, Medicaid, and a host of freedom-destroying legislation. But what did the founders think of this?

Take James Madison-

“If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress… Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America.”

or this one:

“With respect to the words general welfare, I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.”

Or this one from Thomas Jefferson

“Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.”

In reality, the “General welfare” clause is a qualifier. Congress may only lay taxes for revenue to be used for the general welfare (as opposed to the special welfare) of the states, for example, they may lay taxes to build postal roads, but they may not lay taxes for building postal roads in New Hampshire, to the detriment of the rest of the states. So, ironically, the way that Congress horse-trades favors for votes in Congress makes most legislation unconstitutional.

There’s More

In addition to these gross misconceptions by the Federal Govt., they add the Supremacy clause, which states:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwith-standing.”

This is pointed to anytime the Federal Government wants to escape criticism from people saying they have exceeded their authority. However, a careful reading of the passage above makes it clear that only laws in pursuance of the US Constitution are supreme. Anytime the Federal Govt. goes beyond the Constitution, citizens are not bound to obey them.

The preceding examples of intentional misconstruction of the Constitution are examples of our Federal Government out of control. They pit the citizens against each other; they take from the hand of labor to give to the hand of not only the needy, but the banks and corporations as well.

They make people perpetual slaves by addicting them to handouts and then denying them the escape from this perpetual misery by over-regulating prospective employers for these people. They have bogged us down in perpetual wars overseas for over a period of 70 years, ignoring the appropriate method of war-making under the Constitution.

pcg-constitutionThey have criminalized multiple forms of commerce, suspended Habeas corpus in absence of properly declared wars, and they have systematically denied due process rights for the people.

Indeed, this list could go on for pages. Most of these transgressions against the natural rights of man are done in the name of the good intentions (saving people from themselves). These need to end, and our country needs to return to the republican form of government it was founded on. Our states need to resume pushing back at the Federal Government and interposing on our behalf.

Tim Reeves is an 11 year veteran of the U.S Navy, and is now an engineer, He grew up in Michigan, but has resided in the Pacific NW since 1992. He’s the State Chapter Coordinator for the Oregon Tenth Amendment Center.

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Media Fail

Tuesday, May 18th, 2010

Epic Fail

12 fails

"Sarah Palin’s Alaska" On… The Learning Channel

"Sarah Palin’s Alaska"? Is that a serious idea for a show? What will TLC think of next — Stephen Hawking’s Wildlife Adventures? Andy Cobb and Second City investigate.

Tell TLC: Drop Palin’s Alaska

 

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