Devvy -- S. 510, Cap & Trade, Codex and federal jurisdiction -- 10/05/10

S. 510, Cap & Trade, Codex and federal jurisdiction

By: Devvy
October 5, 2010

As millions know, we are approaching a very dangerous time: a lame duck session when the Outlaw Congress returns to Washington, November 15, 2010. It is how we got, courtesy of globalists like Newt Gingrich, the unconstitutional NAFTA nightmare.

My email box fills up everyday with literally dozens of warnings about Senate bill 510 - a misnamed a food safety bill. It is nothing of the sort and we the people, as well as the state legislatures, must stand up and tell Congress, no, we will not comply.

We have to remember the key factor here and that is federal jurisdiction. On August 21, 2009, I sent a snail mail letter to the following regarding what was being called ObamaCare: Rep. Mike Ross, Sen. Bill Nelson, Rep. John Tanner Rep. John Boehner, Sen. Max Baucus, Sen. John Cornyn, Sen. Jim DeMint, Sen. Dick Durbin, Rep. Jim Costa, Rep. Heath Schuler, Sen. Chuck Grassley, Sen. Jeff Sessions. In that letter I told those congress critters they can continue to ignore the Constitution as you always do in the quest to Sovietize these united States of America. However, we the people will fight all unconstitutional legislation because only a free market system can readjust health care coverage in this country coupled with limited legislation within the proper jurisdictions (state or federal).

Politely, I said in my letter: Despite the strong arming and rhetoric, the states are well within their rights under the Tenth Amendment to reject and nullify any provisions of that monster bill. You people can threaten, cajole and jump up and down, but you cannot stop the states from exerting their sovereignty to protect the rights of their citizens. I personally will not comply with any section of CommieCare (and I haven't).

Well, here we are months down the road and the truth about that monstrous legislation is finally hitting the American people right between the eyes -- as well as the states.

The lawsuits have been filed and working their way through the courts. More states are exercising their absolute right to reject CommieCare:

October 4, 2010. Voters in 3 states to consider opting out of 'Obamacare' Missouri initiative succeeded

DENVER | "After taking a beating at the hands of Missouri voters in August, "Obamacare" could be roughed up once again at the ballot box in November.

"Following the lead of the successful Missouri initiative, which passed with 71 percent of the vote, Arizonans, Coloradans and Oklahomans will decide this fall whether to approve proposed constitutional amendments that would allow them to opt out of key provisions of President Obama's signature national health care law.

"The three initiatives prohibit the government from forcing individuals to buy health care insurance - a "mandate" that critics say violates the U.S. Constitution - and would allow patients and employers to pay providers directly without penalty. The idea is to protect state residents from "the ongoing takeover of health care by government," backers of the Colorado campaign say."

Unfortunately, the Governor of Oklahoma is not qualified to sit in the Governor's mansion as he made a statement in the article above that displays his utter stupidity and ignorance about federal and state jurisdiction:

"There's just one problem, say opponents of the state ballot initiatives: The entire strategy is "an exercise in futility," in the words of Oklahoma Gov. Brad Henry, a Democrat."

S. 510 - The FDA Food Modernization & Safety Act has nothing to do with food safety. It's about power and another massive attempt by the Outlaw Congress to step into the business of the states and attempt to strong arm them into submission. It's about destroying our freedom to grow food locally without federal dragoons looking over our shoulder. It IS about controlling the food supply of America and it's one of the most dangerous, unconstitutional pieces of legislation to ever come from Congress. It's also about federal jurisdiction --- in this case lack of.

There is another factor here regarding the Federal Death Administration (FDA) regulating supplements we all buy at health food stores and Codex Alimentarius: the issue of treaties. Constitutional Attorney, Lowell Becraft, covered this in a series of columns:

FDA, DEA Find Basis in International Treaties

"Control over the possession and sale of any item within the states is not a power possessed by Congress. This was so held in United States v. DeWitt, 76 U.S. 41, 45 (1870), which tested the constitutionality of a federal revenue act making it illegal to sell illuminating oil of a certain flammability. Here, the Court held Congress did not have the power to penalize these sales: "As a police regulation, relating exclusively to the internal trade of the States, it can only have effect where the legislative authority of Congress excludes, territorially, all state legislation, as, for example, in the District of Columbia. Within state limits, it can have no constitutional operation."

I highly recommend you read those short, but concise columns (Link above) as well as these Supreme Court cases:
Reid v. Covert 354 U.S. October 1956, in part:

"It would be manifestly contrary to the objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights -- let alone alien to our entire constitutional history and tradition -- to construe Article VI as permitting the United States to exercise power under an international agreement without observing constitutional prohibitions. [Footnote 32] In effect, such construction would permit amendment of that document in a manner not sanctioned by Article V. The prohibitions of the Constitution were designed to apply to all branches of the National Government, and they cannot be nullified by the Executive or by the Executive and the Senate combined.

"There is nothing new or unique about what we say here. This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty. [Footnote 33] For example, in Geofroy v. Riggs, 133 U. S. 258, 133 U. S. 267, it declared:

"The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government, or in that of one of the States, or a cession of any portion of the territory of the latter, without its consent.

"This Court has also repeatedly taken the position that an Act of Congress, which must comply with the Constitution, is on a full parity with a treaty, and that, when a statute which is subsequent in time is inconsistent with a treaty, the statute to the extent of conflict renders the treaty null. [Footnote 34] It would be completely anomalous to say that a treaty need not comply with the Constitution when such an agreement can be overridden by a statute that must conform to that instrument."SHAME on the U.S. Congress for dragging America into Codex Alimentarius and more "globalization" crap. America needs to withdraw completely. Leave we the people alone and let us decide what supplements we want to take and let people in other countries work it out with their governments. When the "new" Congress and state legislatures open for business in January, 2011, we must demand America withdraw from Codex Alimentarius as it's nothing more than a global cabal attempting to take over natural remedies and force nothing but more drugs from the big Pharma companies as the only "legal" option. We must continue to push back using the right legal argument and stay in the face of the "new" Congress come January. And, the state legislatures must exercise their right to protect our rights.

The purchase and use of vitamin supplements, herbs and natural remedies that I choose to take is none of Congress' business or some global panel who has no legal authority over me here in Texas.

The problem is because tens of millions of American have learned to eat properly and use natural remedies instead of pills from big pharmaceutical companies, it has cut into their profit margins deeply. Send in the lobbyists to buy the favors of the prostitutes in the Outlaw Congress and now we find ourselves being pushed into yet another corner. As I have said so many times over the past few months: The epic battle for freedom will gear up next year and it will be between the states and the feds. We the people must stand behind our state legislators and let them know we support their efforts regarding nullification and states rights. We cannot depend on the corrupt federal courts.

The same applies to the so-called Cap & Trade. In one bill it calls for yet another huge government bureaucracy of little Napoleon's running around checking your house to see if it's in compliance with the green agenda before you can put it on the market to sell. The Outlaw Congress has no authority to legislate that which is clearly within the jurisdiction of the states and the states do not have to allow it. They must tell Washington, DC: No, you're not sending your federal agents or "compliance" officers into our state to run rough shod over our sovereignty and the rights of our citizens. You have no jurisdiction. What do you think the federal government's going to do in response? Send in the 101st Air Borne? It's time for the state legislatures - even without permission from a cowardly governor -- to call the feds bluff.
Oh, you can bet the feds will use the usual extortion: No federal money for this or that. The states must stand up to such tyranny. If they don't, they will find themselves little more than occupied territories under eventual global governance.

New headlines yesterday as the shadow government is going for broke towards the Sovietization of America:

Eye-popping power grab: Licensing of U.S. colleges
Federal scheme poses 'greatest threat to academic freedom in our lifetime'

"President Obama's Department of Education, where Secretary Arne Duncan appointed a longtime homosexual activist who was part of the sometimes-violent Act Up organization to head his "safe schools" office, now is proposing to force colleges and universities to submit to a political agenda, according to critics.

"Under the proposed federal rule change, institutions of higher education "would be required to have a document of state approval … to operate an educational program, including programs leading to a degree or certificate," explained an analysis by Shapri D. LoMaglio for the Council for Christian Colleges & Universities.

"I think it is the greatest threat to academic freedom in our lifetime," former Sen. Bill Armstrong, now president of Colorado Christian University, told WND. "But only if you love liberty."

"Armstrong is so alarmed over the proposal identified by the federal agency as a rule change regarding "Program Integrity Issues" that he's joined with another former Colorado senator and higher education leader, Hank Brown, in writing a commentary on the subject. Brown was president of the University of Northern Colorado and the University of Colorado.

"The educators were joined by prominent columnists Cal Thomas and Jay Ambrose in alerting readers about the proposal. Armstrong is encouraging members of Congress to look into the measure, since as a proposed "regulation" change, most lawmakers probably haven't even heard of it..

The Outlaw Congress has NO authority under Art. 1, Sec. 8 to legislate in the area of education, period:

"Another not unimportant consideration is that the powers of the general government will be, and indeed must be, principally employed upon external objects, such as war, peace, negotiations with foreign powers and foreign commerce. In its internal operations it can touch but few objects, except to introduce regulations beneficial to the commerce, intercourse and other relations, between the states, and to lay taxes for the common good. The powers of the states, on the other hand, extend to all objects, which, in the ordinary course of affairs, concern the lives, and liberties, and property of the people, and the internal order, improvement and prosperity of the state." --Joseph Story, associate justice, U.S. Supreme Court, Commentaries on the Constitution, 1833

The Federal Department of Education has always been unconstitutional and this latest attempt to usurp the rights of the states regarding universities and colleges which operate within the states is equally unconstitutional. Every state's Attorney General, backed by a stern warning from the state legislatures, should immediately tell Education Secretary Arne Duncan that they have no jurisdiction inside our state and we will fight you in a court of law if necessary. First, we will simply refuse to comply. There will be no 'document of state approval' forced by the feds because the states already have jurisdiction over those learning institutions.

I encourage you if you haven't already, take the time to read this comprehensive analysis by constitutional attorney, Lowell Becraft, on federal jurisdiction. It is the Achilles Heel the Outlaw Congress fears the most.

FEDERAL JURISDICTION

"In the United States, there are two separate and distinct jurisdictions, one being that of the States within their own territorial boundaries and the other being federal jurisdiction. Broadly speaking, state jurisdiction encompasses the legislative power to regulate, control and govern real and personal property, individuals and enterprises within the territorial limits of any given State. In contrast, federal jurisdiction is extremely limited, with the same being exercised only in areas external to state legislative power and territory. Notwithstanding the clarity of this simple principle, the line of demarcation between these two jurisdictions and the extent and reach of each has become somewhat blurred due to popular misconceptions and the efforts expended by the federal government to conceal one of its major weaknesses. Only by resorting to history and case law can this obfuscation be clarified and the two distinct jurisdictions be readily seen."

Knowledge is power and YOUR voice directed at your state legislature is what will bring results in telling the usurper in the White House and the Outlaw Congress: NO. Call their bluff just as so many states have done over the National ID.

Important Links:

S. 510: 12 Reasons Why the Food Safety Bill From Hell
Could Be Very Dangerous for the U.S. Economy

Tenth Amendment Center: States Rights and Nullification

Treachery & Tragedy: The FDA

Dec. 4, 2004. Department of Education must be abolished

January 5, 2005. Why the Environmental Protection Agency (EPA) Must be Abolished

Devvy Kidd authored the booklets, Why A Bankrupt America and Blind Loyalty; two million copies distributed. Devvy appears on radio shows all over the country. She left the Republican Party in 1996 and has been an independent voter ever since. Devvy is a constitutionalist who believes in the supreme law of the land, not some political party.

Visit Devvy's website at: https://devvy.com. You may also sign up for her free email alerts.