Wednesday, March 23, 2011

Re: America’s Turning Point

American nationalists, then and now, automatically assume that the
Union's breakup would have been catastrophic.
----
opinion noted ... not shared

On Mar 23, 12:14 pm, MJ <micha...@america.net> wrote:
> "". . . . By the 1850s the authority of all government in America was at a low point."
> "The United States, already one of the most prosperous and influential countries on the face of the earth, had practically the smallest, weakest State apparatus.
> "The great irony of the Civil War is that all that changed at the very moment that abolition triumphed. As the last, great coercive blight on the American landscape, black chattel slavery, was finally extirpated -- a triumph that cannot be overrated -- the American polity did an about-face."America's Turning PointJeffrey Rogers Hummel
> April 2011 • Volume: 61 • Issue: 3 •
> The Civil War represents the simultaneous culmination and repudiation of the American Revolution. Four successive ideological surges had previously defined American politics: the radical republican movement that had spearheaded the revolution itself; the subsequent Jeffersonian movement that had arisen in reaction to the Federalist State; the Jacksonian movement that followed the War of 1812; and the abolitionist movement. Although each was unique, each in its own way was hostile to government power. Each had contributed to the long-term erosion of all forms of coercive authority.
> "Nowhere was the American rejection of authority more complete than in the political sphere," writes historian David Donald. "The decline in the powers of the Federal government from the constructive centralism of George Washington's administration to the feeble vacillation of James Buchanan's is so familiar as to require no repetition here. . . . The national government, moreover, was not being weakened in order to bolster state governments, for they too were decreasing in power. . . . By the 1850s the authority of all government in America was at a low point."
> The United States, already one of the most prosperous and influential countries on the face of the earth, had practically the smallest, weakest State apparatus.
> The great irony of the Civil War is that all that changed at the very moment that abolition triumphed. As the last, great coercive blight on the American landscape, black chattel slavery, was finally extirpated -- a triumph that cannot be overrated -- the American polity did an about-face.
> Insofar as the war was fought to preserve the Union, it was an explicit rejection of the American Revolution. Both the radical abolitionists and the South's fire-eaters boldly championed different applications of the revolution's purest principles. Whereas the abolitionists were carrying on the assault against human bondage, the fire-eating secessionists embodied the tradition of self-determination and decentralized government. As a legal recourse, the legitimacy of secession was admittedly debatable. Consistent with the Antifederalist interpretation of the Constitution that had come to dominate antebellum politics, secession undoubtedly contravened the framers' original intent. But as a revolutionary right, the legitimacy of secession is universal and unconditional. That at least is how the Declaration of Independence reads. "Put simply," agrees William Appleman Williams, "the cause of the Civil War was the refusal of Lincoln and other northerners to honor the revolutionary right of self-determination -- the touchstone of the American Revolution."
> American nationalists, then and now, automatically assume that the Union's breakup would have been catastrophic. The historian, in particular, "is a camp follower of the successful army," Donald wrote, and often treats the nation's current boundaries as etched in stone. But doing so reveals a lack of historical imagination. Consider Canada. The United States twice mounted military expeditions to conquer its neighbor, first during the American Revolution and again during the War of 1812. At other times, including after the Civil War, annexation was under consideration, sometimes to the point of private support for insurgencies similar to those that had helped swallow up Florida and Texas. If any of these ventures had succeeded, historians' accounts would read as if the unification of Canada and the United States had been fated, and any other outcome inconceivable. In our world, of course, Canada and the United States have endured as separate sovereignties with hardly any untoward consequences. "Suppose Lincoln did save the American Union, did his success in keeping one strong nation where there might have been two weaker ones really entitle him to a claim to greatness?" asks David M. Potter. "Did it really contribute any constructive values for the modern world?"
> The common refrain, voiced by Abraham Lincoln himself, that peaceful secession would have constituted a failure for the great American experiment in liberty, was just plain nonsense. "If Northerners . . . had peaceably allowed the seceders to depart," the conservativeLondon Timescorrectly replied, "the result might fairly have been quoted as illustrating the advantages of Democracy; but when Republicans put empire above liberty, and resorted to political oppression and war rather than suffer any abatement of national power, it was clear that nature at Washington was precisely the same as nature at St. Petersburg. . . . Democracy broke down, not when the Union ceased to be agreeable to all its constituent States, but when it was upheld, like any other Empire, by force of arms."
> "War is the health of the State," proclaimed Randolph Bourne, the young Progressive, disillusioned by the Wilson administration's grotesque excesses during World War I. Bourne's maxim is true in two respects. During war itself the government swells in size and power, as it taxes, conscripts, regulates, generates inflation, and suppresses civil liberties. Second, after the war there is what economists and historians have identified as a ratchet effect. Postwar retrenchment never returns government to its prewar levels. The State has assumed new functions, taken on new responsibilities, and exercised new prerogatives that continue long after the fighting is over. Both of these phenomena are starkly evident during the Civil War.
> Before Fort Sumter national spending was only about $2.50 per person per year, or $50 per person in today's prices. The central government relied on only two sources of revenue: a very low tariff and the sale of public lands. The war brought not only protectionist import duties but also a vast array of internal excises, the country's first national income tax, and an extensive internal revenue bureaucracy with 185 districts reaching into every hamlet and town. Federal outlays soared from 1.5 percent of the economy's output to almost 20 percent, approximately what the central government spends today. The national debt climbed from a modest $65 million, less than annual expenditures, to $2.8 billion. This provided the justification for replacing the antebellum monetary system of free banking and financial deregulation (which some economic historians believe was the best the country has ever had) with inflationary fiat money and nationally regulated banking.
> Protectionism would continue to dominate U.S. trade policy mercilessly until the Great Depression and was just one manifestation of the Lincoln administration's effort to enlist special interests through government subsidies and privileges. The Yankee Leviathan also was responsible for the first federal aid to transcontinental railroads, land grants for higher education, a Department of Agriculture for farmers, and troops to break strikes for employers. The prewar regime of Jacksonian laissez faire was effectively supplanted by Republican neomercantilism, an alliance between business and government that became so scandalous during the Grant era that it has gone down in history as, to use Vernon Louis Parrington's label for the postwar feeding frenzy, the "Great Barbecue."
> Lincoln's war delivered a blow to civil liberties as well. The Union's resort to nationally administered conscription touched off so much resistance that the President suspended habeas corpus throughout the North. Traditional estimates are that the administration imprisoned without trial or charges 14,000 civilians during the conflict, but some historians believe the figure to be much too low. To be sure, the greater number were citizens of either the border states or the Confederacy itself, and many of those arrested secured quick release within a month or two, usually after swearing a loyalty oath. Yet the federal government at the same time monitored and censored both the mails and telegraphs and shut down over 300 newspapers for varying periods.
> Many of these measures were of course abandoned at the fighting's end. Federal spending fell from its wartime peak to only 3 to 4 percent of GDP. Although not a trivial decline, it still left spending at twice prewar levels, and the largest postwar expenditures were war-related. Interest on the war debt initially accounted for 40 percent of federal outlays, and by 1884 veterans' benefits were consuming 30 percent. These benefits were so lavish that they constitute the national government's first old-age and disability insurance and stand as a precursor to Social Security. The impact of the Civil War was even felt in the seemingly unrelated area of obscenity. Congress passed the first act regulating mail content in response to complaints that troops were ordering pornographic material, and this became the basis for the Comstock witch hunts of the 1870s.The Real Turning PointThis ratchet effect is a phenomenon historians frequently observe. Yet the Civil War did something more. Despite wars and their ratchets, governments must sometimes recede in reach, else all would have been groaning under totalitarian regimes long ago. Both conservatives and so-called liberals date the major political turning point in American history at the Great Depression of 1929. Previously Americans are supposed to have self-reliantly resisted the temptations of government largess and confined federal power within strict constitutional limits. Although Franklin D. Roosevelt's New Deal is responsible for Social Security, which along with health care, now ranks as the national government's primary expense, this legend ignores several inconvenient facts. To begin with, the New Deal simply emulated the Wilson administration's previous war collectivism. Moreover the growth of government under the New Deal was trivial compared to its growth during the United States' next major conflict: World War II.
> More astute analysts push the watershed in U.S. history back to the Progressive Era. Progressivism emerged at the beginning of the twentieth century as a diverse inclination, varying in different parts of the country and including members of all political parties. But it became the country's first dominant mindset to advocate government intervention in the free market and in personal liberty at every level and in every sphere. My contention, however, is that America's decisive transition must be dated even earlier.
> The Yankee Leviathan co-opted and transformed abolitionism. It shattered the prewar congruence among anti-slavery, anti-government, and anti-war radicalism. It permanently reversed the implicit constitutional settlement that had made the central and state governments revenue-independent. It acquired for central authority such new functions as subsidizing privileged businesses, managing the currency, providing welfare to veterans, and protecting the nation's "morals" -- at the very moment that local and state governments were also expanding. And it set dangerous precedents with respect to taxes, fiat money, conscription, and the suppression of dissent.
> These and the countless other changes mark the Civil War as America's real turning point. In the years ahead, coercive authority would wax and wane with year-to-year circumstances, but the long-term trend would be unmistakable. Henceforth there would be few major victories of Liberty over Power. In contrast to the whittling away of government that had preceded Fort Sumter, the United States had commenced its halting but inexorable march toward the welfare-warfare State of today.http://www.thefreemanonline.org/featured/america%E2%80%99s-turning-point/

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Re: Liberals March to War

very good!

On Mar 23, 11:09 am, GregfromBoston <greg.vinc...@yahoo.com> wrote:
> "Onward Christian (sorry, non-sectarian) soldiers (Sorry,
> peacekeepers)
> Marching as to war (sorry, peace)
> With the Cross (sorry, uhm, something green) of Jesus (sorry, Obama)
> Going on before (sorry, behind)
>
> Christ (sorry, the Nobel Peace Laureate), the Royal (sorry, common
> mans) Master (sorry, servant).
> Leads (sorry, follows) against (sorry, with) the foe (sorry, ally)
>
> Forward (backward) into battle (humanitarian effort)
> See His (My) banner (Hammer and Sickle) go (retreat)

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U.S. Property Rights Protections Continue to Decline

U.S. Property Rights Protections Continue to Decline
by Marc Scribner on March 22, 2011

Post image for U.S. Property Rights Protections Continue to Decline

This morning, I attended the Property Rights Alliance’s launch presentation of the 2011 International Property Rights Index. Overall, the United States declined to 18th place in the world (from 16th in 2010 and 14th in 2007, when the Index was originally created), losing out to top-ranked Finland.

The biggest contributor to the U.S.’s reduced standing was in the Physical Property Rights category (real property), which accounted for nearly half of the year-over-year decline in points. The variables for this category are protection of physical property rights, property registration, and access to loans. It is here where one might be surprised by some of the countries who rank ahead of the U.S. (ranked 25th) in terms of real property rights: Bahrain (5th), Saudi Arabia (8th), Oman (9th-tie), Botswana (21st-tie), and Tunisia (21st-tie).

The U.S. is still near the top when it comes to intellectual property protection (not that that’s necessarily good in my view), which in part saves the U.S. from even poorer rankings. But (real) property rights are what ground all of our rights — indeed, well-defined property rights are a prerequisite to any market-oriented liberal democracy. It is time for Americans to stop taking such a passive view when it comes to their fundamental individual right to hold and transfer private property as they see fit. To put this in the least hyperbolic way possible: the future of the country depends on it!

http://www.openmarket.org/2011/03/22/u-s-property-rights-protections-continue-to-decline/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Openmarketorg+%28OpenMarket.org%29




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CBO: Obama's Spending to push Public Debt above $20 Trillion by 2021




CBO: Obama's Spending to push Public Debt above $20 Trillion by 2021

Debt is Obama's hope and change.

(CNSNews.com) – The Congressional Budget Office (CBO) says that President Barack Obama's 2012 budget will cause large and persistent yearly deficits that will push the public debt to $20.8 trillion by 2021.

"Federal debt held by the public would double under the President's budget, growing from $10.4 trillion (69 percent of GDP) at the end of 2011 to $20.8 trillion (87 percent of GDP) at the end of 2021," the CBO said in its March 18 analysis of Obama's 2012 budget.

This means that the debt incurred as a result of Obama's planned decade of deficit spending would be worth 87 percent of the value of all the goods and services produced by the economy, the Gross Domestic Product (GDP).

This figure, known as the debt-to-GDP ratio, is used to illustrate the size of a country's debt relative to its economy in order to show how stable a country's finances are.

$20.8 trillion is also more than double the size of the current level of public debt, which is $9.6 trillion. It is also 1.4 times as large as the economy is today.

In a December 2010 issue brief, the CBO said that allowing the national debt to continue on its current path, as Obama's budget does, would lead to less savings and investment because investors would buy more government debt.

"A growing portion of people's savings would go toward purchasing government debt rather than toward investing in productive capital goods, such as factories and computers," CBO explained.

Continue reading about Obama destroying America>>>

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Apple Season -- The Apple Game




Guaranteed to keep libtards occupied for hours.


 


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POLICE STATE: Steven Seagal, Sheriff Arpaio Raid Valley Home In Tank

Since when does it require an army to apprehend an alleged cock fighter? "Deputies had no probable cause to believe Llovera was armed or dangerous." Do TV ratings trump common sense?


Steven Seagal, Sheriff Raid Valley Home In Tank
http://www.kpho.com/news/27272012/detail.html

"PHOENIX -- Sheriff Joe Arpaio rolled out the tanks to take down a man suspected of cockfighting.

"West Valley residents in the neighborhood are crying foul after armored vehicles, including a tank, rolled into their neighborhood to make the bust."




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Re: California: Los Angeles Court Defends Red Light Cameras

If individuals took the time to fight these tickets revenue would drop below the cost of persecuting and the cameras would go away. But few want to "take time off work" to do so. They would rather pay the fine than defend against agression.

The cameras photograph license plates, not drivers. How can the persecutor prove who was driving the vehicle?


On 03/23/2011 10:53 AM, MJ wrote:

In Massachusetts, we (they, dems) made law that says to challenge any
traffic ticket (magistrate OR court (trial)), it will cost you $75.
Win or lose, you still owe the 75.

Jesus H.  I know I am not a constitutional professor like someone
else, but on face value from a software geek, this violates amendments
1, 4, 5, 6, 7 and 14, at first glance.  I gotta PAY for being
aquitted?  WHAT???  Lets just start with 1, "redress of grievances")

Amendment I is a prohibition against Congress -- not the State legislature. :)

Most studies concluded that these cameras CAUSED more accidents than they curtailed.

I want to know how one 'cross examines' a camera.

Regard$,
--MJ

"We can evade reality, but we cannot evade the consequences of evading reality" -- Alyssa Rosenbaum


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Re: California: Los Angeles Court Defends Red Light Cameras

It's all about the money!

On 03/23/2011 10:48 AM, GregfromBoston wrote:
Hey man, I'm not sure that I'm against the cameras, but check this out.  In Massachusetts, we (they, dems) made law that says to challenge any traffic ticket (magistrate OR court (trial)), it will cost you $75. Win or lose, you still owe the 75.  Jesus H.  I know I am not a constitutional professor like someone else, but on face value from a software geek, this violates amendments 1, 4, 5, 6, 7 and 14, at first glance.  I gotta PAY for being aquitted?  WHAT???  Lets just start with 1, "redress of grievances")  Ah, but ya just knew they'd bag a lawyer, who knows the law, and take it to court.  They are gonna beat the living shit out of the, "but it made us $450 million last year", bullshit out da friggin window!!!!  And when the liberals cry foul, this is the same court that gave gay marriage rights to uis (and I agree!)  On Mar 23, 1:16 pm, Jonathan Ashley <jonathanashle...@lavabit.com> wrote: 
*I suspect what they are really defending is their $42.90 cut from the $440 tickets generated. * ------------------------------------------------------------------------ * California: Los Angeles Court Defends Red Light Cameras* /Appellate division in Los Angeles County, California stands against five counties to defend photo ticketing./  LA County CourthouseA Los Angeles County, California court last month distanced itself from judicial colleagues in defending the use of red light cameras. A three-judge appellate division panel on February 14 upheld the validity of photo ticketing despite the contrary holdings of the appellate division in Alameda, Kern <http://www.thenewspaper.com/news/33/3373.asp>, Orange <http://www.thenewspaper.com/news/31/3164.asp>, San Bernardino <http://www.thenewspaper.com/news/34/3411.asp> and San Mateo <http://www.thenewspaper.com/news/31/3166.asp> counties.  "In affirming the judgment, we acknowledge the appellate division of the Orange County Superior Court has held that claims similar to those addressed in part III.A. warrant reversal of the judgment," Los Angeles County Judge Sanjay T. Kumar wrote. "We respectfully disagree with Khaled <http://www.thenewspaper.com/news/31/3164.asp>. As explained below, it is our view that photographs taken by an Automated Traffic Enforcement System may be admissible even if the testifying officer was not a percipient witness to the violation and was not personally responsible for setting up the camera."  The Orange County court's Khaled decision (view case <http://www.thenewspaper.com/news/31/3164.asp#source>), whose publication was endorsed by the state's second highest court, argued that defendants were denied their right to cross-examine the evidence against them when the only live witness is a police officer who has no direct knowledge of anything related to the alleged offense. The US Supreme Court's Melendez-Diaz case <http://www.thenewspaper.com/news/28/2854.asp> reiterated the importance of the Confrontation Clause when considering evidence in a criminal case. Without a sufficient foundation, the Orange County court found the evidence in a automated ticketing case to be inadmissible hearsay. The Los Angeles judges argued that it did not matter that the officer lacked direct knowledge.  "The officer provided expert testimony regarding the operation of the ATES and the photographs it produces based on information he had from city traffic engineers and Redflex as well as his experience with images obtained from the cameras," Kumar wrote. "The data bar affixed to the bottom of the photographs was not hearsay, insofar as it was not inputted by a person but, rather, was generated by the ATES once the system's sensors were triggered by appellant. The purpose of the hearsay rule is to subject the declarant to cross-examination in order to bring to light any falsities, contradictions, or inaccuracies that may not be discernible in the declarant's out-of-court statement."  The Los Angeles judges affirmed the conviction of the motorist who had challenged her ticket. Out of each $440 red light camera ticket collected, the Los Angeles County court system receives a $42.90 cut, generating millions a year in revenue.  A copy of the decision, courtesy of highwayrobbery.net, is available in a 100k PDF file at the source link below.  Source: PDF File California v. Goldsmith <http://www.thenewspaper.com/rlc/docs/2011/ca-inglewood.pdf> (California Superior Court, Appellate Divison, 2/14/2011)  ------------------------------------------------------------------------  Never, ever interact with a government official without having a recorder running.  Learn How To Protect Your Identity And Prevent Identity Theft <http://8f7ab0ybg8rx5p6mloffi9yw8t.hop.clickbank.net/> 
 

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MEDIA BIAS: Police Say Market Worker Shot, Killed Robber

Police Say Market Worker Shot, Killed Robber
http://www.wnem.com/news/27267465/detail.html

"Flint police told TV5 two people came in the door on a mission to rob Jules Market, but Edmund Joubran, who works at his parents' business, fired before the robbers could."

Yet the TV station proclaims "Fatal Flint Shooting May Have Been Self-Defense"




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Re: A Foolish and Unconstitutional War


Biden Calls for the Impeachment of Obama for Attacking Libya
Posted by David Kramer on March 23, 2011 11:51 AM

Oh. Wait a minute. Biden called for the impeachment of Bush if Bush took the United States to war in Iran without congressional approval. In Biden's own words, "Iran is no immediate threat to the United States of America." You mean like in the same way that Libya is no immediate threat to the United States of America, Joe? My how things change when you gain control of the guns of government. (Or is it when you become the reigning puppet of the Banksters?)

http://www.youtube.com/watch?v=_dRFJ6CF2Mw&feature=player_embedded

Re: A Foolish and Unconstitutional War



http://www.youtube.com/watch?feature=player_embedded&v=aji9ZKevipU#at=104

Re: California: Los Angeles Court Defends Red Light Cameras

>In Massachusetts, we (they, dems) made law that says to challenge any
>traffic ticket (magistrate OR court (trial)), it will cost you $75.
>Win or lose, you still owe the 75.
>
>Jesus H. I know I am not a constitutional professor like someone
>else, but on face value from a software geek, this violates amendments
>1, 4, 5, 6, 7 and 14, at first glance. I gotta PAY for being
>aquitted? WHAT??? Lets just start with 1, "redress of grievances")

Amendment I is a prohibition against Congress -- not the State legislature. :)

Most studies concluded that these cameras CAUSED more accidents than
they curtailed.

I want to know how one 'cross examines' a camera.

Regard$,
--MJ

"We can evade reality, but we cannot evade the consequences of
evading reality" -- Alyssa Rosenbaum

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Re: Florida Beauty Pageant Queen Shoots and Kills Home Invader

Good for her/him!

Ooops! Wrong house. You're dead. Win/win

On Mar 23, 11:57 am, Travis <baconl...@gmail.com> wrote:
> 4 bullets.  got rid of that trash cheap.
>
>     <http://doctorbulldog.wordpress.com/author/doctorbulldog/> Florida
> Beauty Pageant Queen Shoots and Kills Home
> Invader<http://doctorbulldog.wordpress.com/2011/03/22/florida-beauty-pageant-...>
> *doctorbulldog <http://doctorbulldog.wordpress.com/author/doctorbulldog/>* |
> 22 March, 2011 at 10:37 pm | Categories:
> Crime<http://doctorbulldog.wordpress.com/?cat=3898>,
> criminal activity <http://doctorbulldog.wordpress.com/?cat=398859>, Right to
> Bear Arms <http://doctorbulldog.wordpress.com/?cat=541074>, Self
> Defense<http://doctorbulldog.wordpress.com/?cat=32809>| URL:http://wp.me/p1NPg-6Yj
>
> *Proving once again, the fastest way to a man's heart is through his chest:*
>
> <http://doctorbulldog.files.wordpress.com/2011/03/meghan_0456_jxd_web_...>
>
> *Armed Beauty Queen Fatally Shoots Intruder in Florida Home Invasion*
>
> *By Cristina Corbin*
>
> *Published March 22, 2011 | FoxNews.com*
>
> When a burly ex-convict forced his way into a posh Florida home last week,
> he had no idea what awaited him -- a 25-year-old beauty queen with a pink
> .38-caliber handgun.
>
> Meghan Brown, a former Florida pageant queen, shot and killed 42-year-old
> Albert Franklin Hill during a home invasion March 12 [...]
>
> Hill barged into the home at around 3 a.m. after Brown responded to a knock
> at the front door, according to a police report. He allegedly grabbed the
> 110-pound Brown around her nose and mouth and dragged her to an upstairs
> bedroom.
>
> The woman's fiance, Robert Planthaber, said in an interview that he was
> quickly awakened by the altercation and ran to Brown's side.
>
> "I attacked him and took a severe beating to the head," Planthaber told
> FoxNews.com. "But I got him off of her long enough for her to scramble to
> the room where she keeps her pink .38 special."
>
> Brown, who reigned as the 2009 Miss Tierra Verde, snatched her gun from a
> nearby bedroom and shot the suspect several times – hitting him in the
> chest, groin, thigh and back, her fiance said. Hill was pronounced dead at
> the scene.
> [...]
>
> Hill had a criminal record stretching back nearly three decades -- including
> arrests for burglary, battery, drug possession and grand theft. He
> reportedly served a 13-year prison term in 1987 and was released in
> September after serving a fourth term behind bars.
> [...]
>
> Read more:http://www.foxnews.com/us/2011/03/22/armed-beauty-queen-fatally-shoot...
>
> Add a comment to this
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Re: California: Los Angeles Court Defends Red Light Cameras

Hey man, I'm not sure that I'm against the cameras, but check this
out.

In Massachusetts, we (they, dems) made law that says to challenge any
traffic ticket (magistrate OR court (trial)), it will cost you $75.
Win or lose, you still owe the 75.

Jesus H. I know I am not a constitutional professor like someone
else, but on face value from a software geek, this violates amendments
1, 4, 5, 6, 7 and 14, at first glance. I gotta PAY for being
aquitted? WHAT??? Lets just start with 1, "redress of grievances")

Ah, but ya just knew they'd bag a lawyer, who knows the law, and take
it to court.

They are gonna beat the living shit out of the, "but it made us $450
million last year", bullshit out da friggin window!!!!

And when the liberals cry foul, this is the same court that gave gay
marriage rights to uis (and I agree!)

On Mar 23, 1:16 pm, Jonathan Ashley <jonathanashle...@lavabit.com>
wrote:
> *I suspect what they are really defending is their $42.90 cut from the
> $440 tickets generated.
> *
> ------------------------------------------------------------------------
> *
> California: Los Angeles Court Defends Red Light Cameras*
> /Appellate division in Los Angeles County, California stands against
> five counties to defend photo ticketing./
>
> LA County CourthouseA Los Angeles County, California court last month
> distanced itself from judicial colleagues in defending the use of red
> light cameras. A three-judge appellate division panel on February 14
> upheld the validity of photo ticketing despite the contrary holdings of
> the appellate division in Alameda, Kern
> <http://www.thenewspaper.com/news/33/3373.asp>, Orange
> <http://www.thenewspaper.com/news/31/3164.asp>, San Bernardino
> <http://www.thenewspaper.com/news/34/3411.asp> and San Mateo
> <http://www.thenewspaper.com/news/31/3166.asp> counties.
>
> "In affirming the judgment, we acknowledge the appellate division of the
> Orange County Superior Court has held that claims similar to those
> addressed in part III.A. warrant reversal of the judgment," Los Angeles
> County Judge Sanjay T. Kumar wrote. "We respectfully disagree with
> Khaled <http://www.thenewspaper.com/news/31/3164.asp>. As explained
> below, it is our view that photographs taken by an Automated Traffic
> Enforcement System may be admissible even if the testifying officer was
> not a percipient witness to the violation and was not personally
> responsible for setting up the camera."
>
> The Orange County court's Khaled decision (view case
> <http://www.thenewspaper.com/news/31/3164.asp#source>), whose
> publication was endorsed by the state's second highest court, argued
> that defendants were denied their right to cross-examine the evidence
> against them when the only live witness is a police officer who has no
> direct knowledge of anything related to the alleged offense. The US
> Supreme Court's Melendez-Diaz case
> <http://www.thenewspaper.com/news/28/2854.asp> reiterated the importance
> of the Confrontation Clause when considering evidence in a criminal
> case. Without a sufficient foundation, the Orange County court found the
> evidence in a automated ticketing case to be inadmissible hearsay. The
> Los Angeles judges argued that it did not matter that the officer lacked
> direct knowledge.
>
> "The officer provided expert testimony regarding the operation of the
> ATES and the photographs it produces based on information he had from
> city traffic engineers and Redflex as well as his experience with images
> obtained from the cameras," Kumar wrote. "The data bar affixed to the
> bottom of the photographs was not hearsay, insofar as it was not
> inputted by a person but, rather, was generated by the ATES once the
> system's sensors were triggered by appellant. The purpose of the hearsay
> rule is to subject the declarant to cross-examination in order to bring
> to light any falsities, contradictions, or inaccuracies that may not be
> discernible in the declarant's out-of-court statement."
>
> The Los Angeles judges affirmed the conviction of the motorist who had
> challenged her ticket. Out of each $440 red light camera ticket
> collected, the Los Angeles County court system receives a $42.90 cut,
> generating millions a year in revenue.
>
> A copy of the decision, courtesy of highwayrobbery.net, is available in
> a 100k PDF file at the source link below.
>
> Source: PDF File California v. Goldsmith
> <http://www.thenewspaper.com/rlc/docs/2011/ca-inglewood.pdf> (California
> Superior Court, Appellate Divison, 2/14/2011)
>
> ------------------------------------------------------------------------
>
> Never, ever interact with a government official without having a
> recorder running.
>
> Learn How To Protect Your Identity And Prevent Identity Theft
> <http://8f7ab0ybg8rx5p6mloffi9yw8t.hop.clickbank.net/>

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California: Los Angeles Court Defends Red Light Cameras

I suspect what they are really defending is their $42.90 cut from the $440 tickets generated.


California: Los Angeles Court Defends Red Light Cameras

Appellate division in Los Angeles County, California stands against five counties to defend photo ticketing.

LA County             CourthouseA Los Angeles County, California court last month distanced itself from judicial colleagues in defending the use of red light cameras. A three-judge appellate division panel on February 14 upheld the validity of photo ticketing despite the contrary holdings of the appellate division in Alameda, Kern, Orange, San Bernardino and San Mateo counties.

"In affirming the judgment, we acknowledge the appellate division of the Orange County Superior Court has held that claims similar to those addressed in part III.A. warrant reversal of the judgment," Los Angeles County Judge Sanjay T. Kumar wrote. "We respectfully disagree with Khaled. As explained below, it is our view that photographs taken by an Automated Traffic Enforcement System may be admissible even if the testifying officer was not a percipient witness to the violation and was not personally responsible for setting up the camera."

The Orange County court's Khaled decision (view case), whose publication was endorsed by the state's second highest court, argued that defendants were denied their right to cross-examine the evidence against them when the only live witness is a police officer who has no direct knowledge of anything related to the alleged offense. The US Supreme Court's Melendez-Diaz case reiterated the importance of the Confrontation Clause when considering evidence in a criminal case. Without a sufficient foundation, the Orange County court found the evidence in a automated ticketing case to be inadmissible hearsay. The Los Angeles judges argued that it did not matter that the officer lacked direct knowledge.

"The officer provided expert testimony regarding the operation of the ATES and the photographs it produces based on information he had from city traffic engineers and Redflex as well as his experience with images obtained from the cameras," Kumar wrote. "The data bar affixed to the bottom of the photographs was not hearsay, insofar as it was not inputted by a person but, rather, was generated by the ATES once the system's sensors were triggered by appellant. The purpose of the hearsay rule is to subject the declarant to cross-examination in order to bring to light any falsities, contradictions, or inaccuracies that may not be discernible in the declarant's out-of-court statement."

The Los Angeles judges affirmed the conviction of the motorist who had challenged her ticket. Out of each $440 red light camera ticket collected, the Los Angeles County court system receives a $42.90 cut, generating millions a year in revenue.

A copy of the decision, courtesy of highwayrobbery.net, is available in a 100k PDF file at the source link below.

Source: PDF File California v. Goldsmith (California Superior Court, Appellate Divison, 2/14/2011)




Never, ever interact with a government official without having a recorder running.

America’s Turning Point

"". . . . By the 1850s the authority of all government in America was at a low point."
"The United States, already one of the most prosperous and influential countries on the face of the earth, had practically the smallest, weakest State apparatus.
"The great irony of the Civil War is that all that changed at the very moment that abolition triumphed. As the last, great coercive blight on the American landscape, black chattel slavery, was finally extirpated -- a triumph that cannot be overrated -- the American polity did an about-face."

America's Turning Point
Jeffrey Rogers Hummel
April 2011 • Volume: 61 • Issue: 3 •

The Civil War represents the simultaneous culmination and repudiation of the American Revolution. Four successive ideological surges had previously defined American politics: the radical republican movement that had spearheaded the revolution itself; the subsequent Jeffersonian movement that had arisen in reaction to the Federalist State; the Jacksonian movement that followed the War of 1812; and the abolitionist movement. Although each was unique, each in its own way was hostile to government power. Each had contributed to the long-term erosion of all forms of coercive authority.

"Nowhere was the American rejection of authority more complete than in the political sphere," writes historian David Donald. "The decline in the powers of the Federal government from the constructive centralism of George Washington's administration to the feeble vacillation of James Buchanan's is so familiar as to require no repetition here. . . . The national government, moreover, was not being weakened in order to bolster state governments, for they too were decreasing in power. . . . By the 1850s the authority of all government in America was at a low point."

The United States, already one of the most prosperous and influential countries on the face of the earth, had practically the smallest, weakest State apparatus.

The great irony of the Civil War is that all that changed at the very moment that abolition triumphed. As the last, great coercive blight on the American landscape, black chattel slavery, was finally extirpated -- a triumph that cannot be overrated -- the American polity did an about-face.

Insofar as the war was fought to preserve the Union, it was an explicit rejection of the American Revolution. Both the radical abolitionists and the South's fire-eaters boldly championed different applications of the revolution's purest principles. Whereas the abolitionists were carrying on the assault against human bondage, the fire-eating secessionists embodied the tradition of self-determination and decentralized government. As a legal recourse, the legitimacy of secession was admittedly debatable. Consistent with the Antifederalist interpretation of the Constitution that had come to dominate antebellum politics, secession undoubtedly contravened the framers' original intent. But as a revolutionary right, the legitimacy of secession is universal and unconditional. That at least is how the Declaration of Independence reads. "Put simply," agrees William Appleman Williams, "the cause of the Civil War was the refusal of Lincoln and other northerners to honor the revolutionary right of self-determination -- the touchstone of the American Revolution."

American nationalists, then and now, automatically assume that the Union's breakup would have been catastrophic. The historian, in particular, "is a camp follower of the successful army," Donald wrote, and often treats the nation's current boundaries as etched in stone. But doing so reveals a lack of historical imagination. Consider Canada. The United States twice mounted military expeditions to conquer its neighbor, first during the American Revolution and again during the War of 1812. At other times, including after the Civil War, annexation was under consideration, sometimes to the point of private support for insurgencies similar to those that had helped swallow up Florida and Texas. If any of these ventures had succeeded, historians' accounts would read as if the unification of Canada and the United States had been fated, and any other outcome inconceivable. In our world, of course, Canada and the United States have endured as separate sovereignties with hardly any untoward consequences. "Suppose Lincoln did save the American Union, did his success in keeping one strong nation where there might have been two weaker ones really entitle him to a claim to greatness?" asks David M. Potter. "Did it really contribute any constructive values for the modern world?"

The common refrain, voiced by Abraham Lincoln himself, that peaceful secession would have constituted a failure for the great American experiment in liberty, was just plain nonsense. "If Northerners . . . had peaceably allowed the seceders to depart," the conservative London Times correctly replied, "the result might fairly have been quoted as illustrating the advantages of Democracy; but when Republicans put empire above liberty, and resorted to political oppression and war rather than suffer any abatement of national power, it was clear that nature at Washington was precisely the same as nature at St. Petersburg. . . . Democracy broke down, not when the Union ceased to be agreeable to all its constituent States, but when it was upheld, like any other Empire, by force of arms."

"War is the health of the State," proclaimed Randolph Bourne, the young Progressive, disillusioned by the Wilson administration's grotesque excesses during World War I. Bourne's maxim is true in two respects. During war itself the government swells in size and power, as it taxes, conscripts, regulates, generates inflation, and suppresses civil liberties. Second, after the war there is what economists and historians have identified as a ratchet effect. Postwar retrenchment never returns government to its prewar levels. The State has assumed new functions, taken on new responsibilities, and exercised new prerogatives that continue long after the fighting is over. Both of these phenomena are starkly evident during the Civil War.

Before Fort Sumter national spending was only about $2.50 per person per year, or $50 per person in today's prices. The central government relied on only two sources of revenue: a very low tariff and the sale of public lands. The war brought not only protectionist import duties but also a vast array of internal excises, the country's first national income tax, and an extensive internal revenue bureaucracy with 185 districts reaching into every hamlet and town. Federal outlays soared from 1.5 percent of the economy's output to almost 20 percent, approximately what the central government spends today. The national debt climbed from a modest $65 million, less than annual expenditures, to $2.8 billion. This provided the justification for replacing the antebellum monetary system of free banking and financial deregulation (which some economic historians believe was the best the country has ever had) with inflationary fiat money and nationally regulated banking.

Protectionism would continue to dominate U.S. trade policy mercilessly until the Great Depression and was just one manifestation of the Lincoln administration's effort to enlist special interests through government subsidies and privileges. The Yankee Leviathan also was responsible for the first federal aid to transcontinental railroads, land grants for higher education, a Department of Agriculture for farmers, and troops to break strikes for employers. The prewar regime of Jacksonian laissez faire was effectively supplanted by Republican neomercantilism, an alliance between business and government that became so scandalous during the Grant era that it has gone down in history as, to use Vernon Louis Parrington's label for the postwar feeding frenzy, the "Great Barbecue."

Lincoln's war delivered a blow to civil liberties as well. The Union's resort to nationally administered conscription touched off so much resistance that the President suspended habeas corpus throughout the North. Traditional estimates are that the administration imprisoned without trial or charges 14,000 civilians during the conflict, but some historians believe the figure to be much too low. To be sure, the greater number were citizens of either the border states or the Confederacy itself, and many of those arrested secured quick release within a month or two, usually after swearing a loyalty oath. Yet the federal government at the same time monitored and censored both the mails and telegraphs and shut down over 300 newspapers for varying periods.

Many of these measures were of course abandoned at the fighting's end. Federal spending fell from its wartime peak to only 3 to 4 percent of GDP. Although not a trivial decline, it still left spending at twice prewar levels, and the largest postwar expenditures were war-related. Interest on the war debt initially accounted for 40 percent of federal outlays, and by 1884 veterans' benefits were consuming 30 percent. These benefits were so lavish that they constitute the national government's first old-age and disability insurance and stand as a precursor to Social Security. The impact of the Civil War was even felt in the seemingly unrelated area of obscenity. Congress passed the first act regulating mail content in response to complaints that troops were ordering pornographic material, and this became the basis for the Comstock witch hunts of the 1870s.


The Real Turning Point

This ratchet effect is a phenomenon historians frequently observe. Yet the Civil War did something more. Despite wars and their ratchets, governments must sometimes recede in reach, else all would have been groaning under totalitarian regimes long ago. Both conservatives and so-called liberals date the major political turning point in American history at the Great Depression of 1929. Previously Americans are supposed to have self-reliantly resisted the temptations of government largess and confined federal power within strict constitutional limits. Although Franklin D. Roosevelt's New Deal is responsible for Social Security, which along with health care, now ranks as the national government's primary expense, this legend ignores several inconvenient facts. To begin with, the New Deal simply emulated the Wilson administration's previous war collectivism. Moreover the growth of government under the New Deal was trivial compared to its growth during the United States' next major conflict: World War II.

More astute analysts push the watershed in U.S. history back to the Progressive Era. Progressivism emerged at the beginning of the twentieth century as a diverse inclination, varying in different parts of the country and including members of all political parties. But it became the country's first dominant mindset to advocate government intervention in the free market and in personal liberty at every level and in every sphere. My contention, however, is that America's decisive transition must be dated even earlier.

The Yankee Leviathan co-opted and transformed abolitionism. It shattered the prewar congruence among anti-slavery, anti-government, and anti-war radicalism. It permanently reversed the implicit constitutional settlement that had made the central and state governments revenue-independent. It acquired for central authority such new functions as subsidizing privileged businesses, managing the currency, providing welfare to veterans, and protecting the nation's "morals" -- at the very moment that local and state governments were also expanding. And it set dangerous precedents with respect to taxes, fiat money, conscription, and the suppression of dissent.

These and the countless other changes mark the Civil War as America's real turning point. In the years ahead, coercive authority would wax and wane with year-to-year circumstances, but the long-term trend would be unmistakable. Henceforth there would be few major victories of Liberty over Power. In contrast to the whittling away of government that had preceded Fort Sumter, the United States had commenced its halting but inexorable march toward the welfare-warfare State of today.

http://www.thefreemanonline.org/featured/america%E2%80%99s-turning-point/

And I believe every single word the developers say about this

http://www.dnainfo.com/20110323/downtown/petition-save-winter-garden-staircase-gathers-1200-signatures-two-weeks

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Re: Wringing-the-Neck of Empty Ritual.

It always comes back to John's ego: "I suspect you can't see the positive tone, because you are jealous of my commitment and talent to accomplish what I have."

On 03/23/2011 09:05 AM, NoEinstein wrote:
Dear Mark:  Should I be flattered that you remember what I say from one day to the next?  If indeed you can read and comprehend, you wouldn't need to put those words in capitals.  Unlike you and MJ, I don't depend on YELLING to make my points.  If you find what I'm writing to be interesting enough to read every day, then you are either very much in favor of what I'm saying or very threatened and thus opposed.  The "tone" of my document is pro control of government by the people; maximum civil liberties; having the most efficient use of tax dollars; respect for the environment; and respect for the rights of others.  I suspect you can't see the positive tone, because you are jealous of my commitment and talent to accomplish what I have.  If you are FOR the people, Mark, embrace my New Constitution. If you are AGAINST the people, then stop replying on my posts.  No socialist-communists are welcomed in the USA!  — John A. Armistead — Patriot 
 
On Mar 22, 7:50 pm, Mark <markmka...@gmail.com> wrote: 
The biggest problem Einstein will have with his "New Constitution" is that we CAN READ AND COMPREHEND.  The other immediate problem is that he can't remember one day to the next what he says.  On Tue, Mar 22, 2011 at 4:47 PM, MJ <micha...@america.net> wrote:  
Asked and answered -- only you tried to change the subject while pretending it did not occur. ELSEWHERE in THIS thread: Socialism and communism are the anti-thesis of a representative republic or a democracy.  My New Constitution RETURNS civil liberties to the People and will fire, jail or hang those in government who support socialism and communism.  When you attack my New Constitution with your "include me" talk, you are attacking THE most pro capitalism and pro civil liberties person on the planet!  Get lost, Jonathan!  ­ J. A. A. ­ And now HERE in THIS thread the same person: I am personally recommending that Social Security, Medicare, Medicaid and Unemployment Insurance ALL be privatized­while continuing to "cover" only those older or sicker people who have no other means of surviving or of getting first rate care. 
 
 The implications are rather OBVIOUS, but perhaps the author fails to see his EMBRACE of socialism. 
 
There is ALSO this from the same person: Businesses or professions meeting licensing standards germane to the type and scope of work such perform, and being regularly apprised of substantive new developments, may control their own work without governmental sanction, nor, once licensed, being required to be other than self-trained to maintain continuing competency for doing safe work within their chosen type. Professionals qualified by training, testing and experience who perform safe and acceptable work within an area of their competency shall not be sanctioned for being unlicensed in another job class or licensing jurisdiction­beyond fair registration cost.  No more than 25% of regulatory board members shall have been employed in the profession or industry regulated. Again continuing to EMBRACE socialism. 
 
It should no longer be a 'mystery' why this 'constitution' is NEVER fully presented NOR that the author cannot support what drivel he presents. <sigh> Sad. 
 
As noted, were you to actually PROVIDE the text ... one would see MORE examples -- one might easily conclude THAT is essentially the reason you refuse to present and merey proclaim. 
 
Regard$, --MJ 
 
Much of the intellectual legacy of Marx is an anti-intellectual legacy. It has been said that you cannot refute a sneer. Marxism has taught many-inside and outside its ranks-to sneer at capitalism, at inconvenient facts or contrary interpretations, and thus ultimately to sneer at the intellectual process itself. This has been one of the sources of its enduring strength as a political doctrine, and as a means of acquiring and using political power in unbridled ways. -- Thomas Sowell 
 
At 06:43 PM 3/22/2011, you wrote: 
 
MJ: You are a deranged, socialist-communist who is clearly LYING about the people-oriented content of my New Constitution!  Please reference a single location whereby intervention is allowed in how private property is used.  You can't do that, I'm sure!  Ha, ha, HA!  —  John A. Armistead —  Patriot 
 
On Mar 22, 1:03 pm, MJ <micha...@america.net> wrote: 
Capitalism is the FOUNDATION of a successful USA!  You aren't telling me anything that I don't tout, daily.  You are probably doing so to make the readers think it is you who have the right Ideas and I the converse. It only takes a cursory review of those pieces you have offered to see 
how it fails to embrace capitalism -- much less utilize it as a foundation. 
Capitalism is the system in which people are free to use their private 
property without outside interference. 
Your 'constitution' is filled with intervention. Regard$, --MJ "Bureaucrats write memoranda both because they appear to be busy 
when they are writing and because the memos, once written, immediately become proof that they were busy" -- Charles Peters.If you agree with me say something like this:  "I 
applaud your New Constitution!  We need less, more efficient government and the return of lost civil liberties.  Outlawing career politicians from Congress seems like a great place to start.  Good luck in everything you are seeking to do for the good of the country! — J. A. Armistead  — 
 
On Mar 21, 11:54 am, Jonathan Ashley <jonathanashle...@lavabit.com> wrote: 
John, 
 
eBay is a perfect example of capitalism at work. Over 2,000 
transactions 
are performed every minute throughout the world with no need for government. Both parties involved in those transactions report they are happy with the transaction 96% of the time. 
 
There is no need for government involvement in commerce. 
 
On 03/21/2011 07:15 AM, NoEinstein wrote: 
 
Socialism and communism are the anti-thesis of a representative republic or a democracy.  My New Constitution RETURNS civil liberties to the People and will fire, jail or hang those in government who support socialism and communism.  When you attack my New Constitution with your "include me" talk, you are attacking THE most pro 
capitalism 
and pro civil liberties person on the planet!  Get lost, Jonathan! 
� 
J. A. A. � On Mar 19, 10:57 pm, Jonathan Ashley<jonathanashle...@lavabit.com> wrote: 
Civil liberties require government permission. As I choose to be a 
free 
sovereign, I do not consent. 
 
As for free enterprise, I sell on eBay. No government interference, 
96% 
successful transactions worldwide. That is as pro free enterprise as 
it 
gets. 
 
On 03/19/2011 07:45 PM, NoEinstein wrote: 
 
Jonathan Ashley isn't pro civil liberties nor pro free enterprise. So, like I first assumed, he is a socialist-communist bent on 
tearing 
down this country rather than saving it.  He should be railroaded 
out 
of the USA!  Ã¯¿½ J. A. A. � On Mar 18, 5:49 pm, Jonathan Ashley<jonathanashle...@lavabit.com> wrote: 
Wanna-Be-Dictator John A. Armistead has spoken once again! He wants to close down all news networks and outlaw political 
parties. 
He also thinks world government proponent Newt Gingrich has "the 
smarts 
and the temperament to be President." On 03/18/2011 02:35 PM, NoEinstein wrote: 
Bill O'Reilly and Chris Wallace get hot-under-the-collar if a 
"guest", 
like Sarah Palin, avoids answering questions that tie her hands 
on 
issues that are in flux.  Those two Fox jerks suppose that since 
they 
are high paid and elitist, that people must do exactly like they 
say 
or face ridicule.  Within one week after my New Constitution is ratified, the entire Fox News Network will likely be closed down 
for 
not being in the best interest of the country.  But not to 
worry!  The 
other News Networks will be shuttered as well.  The "problem" is 
that 
NEWS, and commentary on that news, cannot occur on the same 
network. 
Of course that is only for news relating to elections or 
"politics". 
I put that word in quotes, because political parties will be outlawed!  Socialism will become a non issue, because any 
"politician" 
proposing anything like socialism will be hanged for TREASON! 
Believe 
me, people, I can straighten out this country faster than any 
yellow- 
livered politician.  Newt Gingrich has the smarts and the 
temperament 
to be President. But he is too much in love with our FAILED 
system of 
government to save the country from economic doom.  The Donald 
has a 
good idea to make IRAQ pay for all we have done for those 
people.  We 
should do those things AND tell China they will get back ONLY the principle on their loans to the USA.  Ã¯¿½Walk tall and carry a 
big 
stick!�  Only tough-love can save this country... NOT more 
God-damned 
politics and wasted campaign money... as usual.  After Barack 
Obama 
has been hanged and has rotted to the ground for TREASON, this 
country 
will be on the path to economic recovery!  Ã¯¿½ John A. Armistead 
� 
Patriot On Mar 16, 3:38 pm, Jonathan Ashley<jonathanashle...@lavabit.com 
 
wrote: 
As usual, "no specifics are open for discussion." What an ego 
this guy 
has. Mustn't let anyone ask any questions. His head might 
explode. 
On 03/16/2011 11:53 AM, NoEinstein wrote: 
Folks:  The vast majority of the still apt portions of our 
original 
Constitution remains within my New Constitution.  Issues 
relating to 
having government be deferential to the people, and placing 
reasonable 
limits of the type and scope of the laws that may be passed, is 
the 
subject of much that I have expanded on in my New 
Constitution.  I've 
placed great importance on seeing to it that the corruption in government�state, local and federal�which I have observed 
first hand, 
shall never again negatively impact any law-abiding citizen. There are dozens of well-defined, unconstitutional acts by 
government 
employees or elected officials that will either get the persons 
fired 
or sent to prison.  Working for government, even for the 
President, 
 ..  read more » 
 

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