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Purpose of the Unalienable Rights Foundation

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Purposes

of the

Unalienable Rights Foundation

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Virginia Nonstock Corporation

This Foundation was founded in order to form a more perfect union, establish Justice, insure domestic tranquility, provide for the common defense of unalienable rights, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, promote freedom, property rights, civil rights, constitutional guaranteed rights in the Constitutions of the United States, the Commonwealth of Virginia and its sister states, The Declaration of Independence of the Thirteen Colonies as approved in the CONGRESS of the United States of America on July 4, 1776 - this also being known and referred to as The Unanimous Declaration of the Thirteen United States of America, the Articles of Confederation and Perpetual Union as affirmed by the Congress of The United States of America on July 9th, 1778 and any and all Matters arising therefrom or in any way or manner related thereto: and  To Continue - MORE


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 A Conversation on Criminal Justice in the Commonwealth

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YOU'RE INVITED

A Conversation on Criminal Justice in the Commonwealth

Date: December 6, 2016

Time: 8:00 a.m.

Registration and breakfast begin at 7:30 a.m.

Where: Crowne Plaza Richmond Downtown, 555 East Canal Street, Richmond, VA 23219
Click here to RSVP

On December 6, one day after the Virginia State Crime Commission meets, a series of experts will convene in Richmond to address the future of criminal justice reform in the Commonwealth of Virginia.

Stakeholders from a variety of viewpoints will gather to examine current criminal justice policies in Virginia. The goal is to identify opportunities to improve safety, lower costs, and examine policies that assist individuals with criminal records. Questions include: Under current law, how well is justice being served? Are there opportunities to improve the system for all?

Please join the Charles Koch Institute, the National Association of Criminal Defense Lawyers, and a number of distinguished experts for panel discussions about these timely and relevant issues.

Program

8:00-9:00 a.m. Criminal Justice Reform in the Commonwealth: Navigating a Path Forward

9:15-10:15 a.m. Discovery Reform: A Necessary Demand for Justice?

10:30-11:30 a.m. Identifying Opportunities for Successful Re-Entry

Panelists to be announced.

Space is limited, so please RSVP as soon as possible.

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Posted by editor on Tuesday, November 22 @ 15:35:55 MST (36 reads)
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 Add your input For Virginia Judges to The Senate

Law and Order Recipes for Solutions New Page 1

Fix Virginia's Corrupt Legal System
Report Bad Judges To the Virginia Senate

Senate Courts of Justice
UPDATE Judicial Interviews Schedule

Meeting Date: December  2, 2016
Meeting Time: 09:00 AM
Location: House Room C, General Assembly Building
201 N. 9th Street, Richmond, VA 23219

Meeting Information: On Friday, December 2, 2016 @ 9 AM in House Room C, the Senate Courts of Justice Committee will meet jointly with the House Judicial Panel to interview judges.

See link for schedule.


   
Attachment Links:
     2016-12-02.pdf - http://studiesvirginiageneralassembly.s3.amazonaws.com/meeting_docs/documents/000/000/141/original/2016-12-02.pdf?1479760945
   
 
Link to Meeting: http://studies.virginiageneralassembly.gov/meetings/388

Link to Study: http://studies.virginiageneralassembly.gov/studies/304

You are currently subscribed to receive notifications for Senate Courts of Justice.
Please visit http://studies.virginiageneralassembly.gov/subscribers/new to unsubscribe.

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Posted by editor on Tuesday, November 22 @ 05:07:47 MST (42 reads)
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 Legislative Update 2-5-2016 Virginia General Assembly

Law and Order Recipes for Solutions

Legislative Update 2-5-2016

 

**********************************************************

 

I.  IN COMMITTEE MONDAY MORNING

CALLS NEEDED TODAY- SUPPORT

 

SB 543 Inverse condemnation proceeding; reimbursement of owner's costs

 

SB 543 was passed by for the day in the Senate Courts of Justice Committee meeting last Wednesday and is on the docket for the Senate Courts of Justice Committee on Monday, 2/8/16, (8:00 a.m.) in House Room B.  Please contact the Senators TODAY and ask them to vote YES on SB 543.  Attend the committee meeting, if possible.

 Senate Courts of Justice

 Sen. Mark D. Obenshain (R) 804-698-7526 district26@senate.virginia.gov (chairman)

Sen. A. Benton Chafin, Jr. (R) 804-698-7538 district75@senate.virginia.gov

Sen. R. Creigh Deeds (D) 804-698-7525 district25@senate.virginia.gov

Sen. John S. Edwards (D) 804-698-7521 district21@senate.virginia.gov

Sen. Thomas A. Garrett, Jr. (R) 804-698-7522 district22@senate.virginia.gov

Sen. Janet D. Howell (D) 804-698-7532 district32@senate.virginia.gov

Sen. L. Louise Lucas (D) 804-698-7518 district18@senate.virginia.gov

Sen. Ryan T. McDougle (R) 804-698-7504 district04@senate.virginia.gov

Sen. A. Donald McEachin (D) 804-698-7509 district09@senate.virginia.gov

Sen. Thomas K. Norment, Jr. (R) 804-698-7503 district03@senate.virginia.gov

Sen. Bryce E. Reeves (R) 804-698-7517 district17@senate.virginia.gov

Sen. Richard L. Saslaw (D) 804-698-7535 district35@senate.virginia.gov

Sen. William M. Stanley, Jr. (R) 804-698-7520 district20@senate.virginia.gov

Sen. Richard H. Stuart (R) 804-698-7528 district28@senate.virginia.gov

Sen. Glen H. Sturtevant, Jr. (R) 804-698-7510 district10@senate.virginia.gov

 

II.  UPDATE

 

SB 610 Recognition of out-of-state concealed handgun permits.

 

SB 610 passed the Senate (27-13) with a floor substitute made by Senator Reeves (chief patron).

 

YEAS--Barker, Black, Carrico, Chafin, Chase, Cosgrove, Deeds, DeSteph, Dunnavant, Edwards, Garrett, Hanger, Lewis, McDougle, Newman, Norment, Obenshain, Petersen, Reeves, Ruff, Saslaw, Stanley, Stuart, Sturtevant, Suetterlein, Vogel, Wagner--27.

 

NAYS--Alexander, Dance, Ebbin, Favola, Howell, Locke, Lucas, Marsden, McEachin, McPike, Miller, Surovell, Wexton--13.

 

RULE 36--0.

 

NOT VOTING--0.

 

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HB 1096 Firearms; regulation by state entities.

 

HB 1163 Concealed handguns; recognition of out-of-state permits.

 

Both HB 1096 and HB 1163 were on the docket of the Committee on Militia, Police and Public Safety this morning, Friday, 2/5/16.  We will let you know their progress in the next update.

 

 

**********************************************************

 

III.  WE SUPPORT THESE BILLS

 

•   Property Rights

 

SB 478 Eminent domain; reimbursement of costs

Introduced by: Mark D. Obenshain | all patrons 

 

Eminent domain; reimbursement of costs. Provides that costs and fees may be awarded in condemnation actions where the amount the owner is awarded at trial as compensation for the taking of or damage to his property is 20 percent or more greater than the amount of the condemnor's initial written offer. Under current law, such costs and fees may be awarded if the amount awarded as compensation at trial is 30 percent or more greater than the petitioner's final offer. The bill removes an exception for meeting the requirements for payment of costs and fees for condemnation actions involving easements valued at less than $10,000.

The bill also replaces the word "petitioner" with "condemnor" in the provision of the Code allowing the court to award costs and fees and allows the court to order the condemnor to pay to the owner reasonable fees and travel costs incurred by the owner for up to three experts, or as many as called by the condemnor, whichever is greater, who testified at trial.

 

Status: (We support this bill)

01/12/16  Senate: Referred to Committee for Courts of Justice

 

SB 478 has been referred to the Senate Courts of Justice Committee which meets Mondays (8:00 a.m.) and Wednesdays (15 minutes after adjournment of the full Senate) in House Room B.  SB 478 is not on the docket for Monday, 2/8/16.

 

---------------------------------------------------------------------------

 

SB 543 Inverse condemnation proceeding; reimbursement of owner's costs

Introduced by: Mark D. Obenshain | all patrons

 

Inverse condemnation proceeding; reimbursement of owner's costs. Directs the court to reimburse a plaintiff for the costs of an inverse condemnation proceeding for "damaging" property if a judgment is entered for the plaintiff. Under current law, the court is directed to award costs only for the "taking" of property. The change made in this bill corresponds with the language of amendments to Article 1, Section 11 of the Constitution of Virginia, which became effective on January 1, 2013

 

Status: (We support this bill)

01/13/16  Senate: Referred to Committee for Courts of Justice

 

SB 543 was passed by for the day in the Senate Courts of Justice Committee meeting last Wednesday and is on the docket for the Senate Courts of Justice Committee on Monday, 2/8/16, (8:00 a.m.) in House Room B.  Please contact the Senators TODAY and ask them to vote YES on SB 543.  Attend the committee meeting, if possible.  See above for a listing of committee members.

 

•   Asset Forfeiture

 

SB 108 Forfeiture of property used in connection with the commission of crimes; finding of guilt required

Introduced by: J. Chapman Petersen | all patrons

 

Forfeiture of property used in connection with the commission of crimes; finding of guilt required. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the forfeiture is ordered by the court pursuant to a plea agreement or (ii) the owner of the property has not submitted a written demand for the return of the property within one year from the date the property was seized.

 

Status: (We support this bill)

12/28/15  Senate: Referred to Committee for Courts of Justice

02/01/16  Senate: Reported from Courts of Justice with substitute (8-Y 7-N)

02/01/16  Senate: Rereferred to Finance

 

SB 108 passed the Senate Courts of Justice Committee (8-7) with a substitution.  It is now headed to the Senate Finance Committee which meets on Tuesdays and Wednesdays (9:00 a.m.) in Senate Room B.  SB 108 was not on the docket of the Finance Committee this week.  We are evaluating the substitution and will let you know if we still support it.

 

•   School Choice

 

HB 389 Parental Choice Education Savings Accounts established

Introduced by: Dave A. LaRock | all patrons

 

Parental Choice Education Savings Accounts established. Permits the parent of a public preschool, elementary, or secondary school student to apply to the school division in which the student resides for a one-year, renewable Parental Choice Education Savings Account that consists of an amount that is equivalent to 90 percent of all applicable annual Standards of Quality per pupil state funds appropriated for public school purposes and apportioned to the resident school division in which the student resides, including the per pupil share of state sales tax funding in basic aid and any state per pupil share of special education funding to which the student is eligible. The bill permits the parent to use the moneys in such account for certain education-related expenses of the student, including tuition, deposits, fees, and required textbooks at a private, sectarian, or nonsectarian elementary or secondary school or preschool that is located in the Commonwealth and does not discriminate on the basis of race, color, or national origin. The bill also contains provisions relating to auditing, rescinding, and reviewing expenses made from such accounts.

 

Status: (We support this bill)

01/06/16  House: Referred to Committee on Education

01/15/16  House: Assigned to sub: Subcommittee Education Innovation

01/19/16  House: Subcommittee recommends reporting (5-Y 4-N)

01/19/16  House: Subcommittee recommends referring to Committee on Appropriations

01/20/16  House: Reported from Education (13-Y 9-N)

01/20/16  House: Referred to Committee on Appropriations

01/25/16  House: Assigned to sub: Elementary & Secondary Education

 

HB 389 has been assigned to the Elementary & Secondary Education subcommittee of the House Appropriations Committee and meets on Tuesdays (10:00 a.m.) in the 9th Floor Appropriations Room.  Tuesday’s docket has not been posted, yet.

 

•   Firearm Related

 

HB 49 Right to keep & bear arms; codifies opinion of Supreme Court of U.S. in D.C. v. Heller

Introduced by: Mark L. Cole | all patrons

 

Right to keep and bear arms. Codifies the opinion of the Supreme Court of the United States in District of Columbia v. Heller, 554 U.S. 570 (2008), that the right to keep and bear arms conferred by the United States Constitution and the Constitution of Virginia is an individual right.

 

Status: (We support this bill)

11/25/15  House: Referred to Committee for Courts of Justice

02/04/16  House: Assigned to sub: Constitutional Law

 

HB 49 has been referred to the Constitutional Law Subcommittee of the House Courts of Justice Committee and meets on the call of the chair.  No docket has been posted, yet.

 

---------------------------------------------------------------------------

 

HB 83 Federal firearms laws; enforcement.

Introduced by: Robert G. Marshall | all patrons  

 

Federal firearms laws; enforcement. Provides that agencies and political subdivisions of the Commonwealth, and employees thereof, shall not knowingly aid any employee or entity of the federal government (i) in the enforcement of federal firearms laws that take effect on or after December 1, 2015, or (ii) in the conduct or enforcement of a criminal background check related to any intrastate sale, loan, gift, or other transfer of a firearm between citizens of the Commonwealth.

 

Status: (We support this bill)

12/10/15  House: Referred to Committee on Militia, Police and Public Safety

01/15/16  House: Referred from Militia, Police and Public Safety by voice vote

01/15/16  House: Referred to Committee on Appropriations

 

HB 83 has been referred to the House Appropriations Committee which meets Mondays, Wednesdays, and Fridays (½ hour after the full House adjourns) in the 9th Floor Appropriations Room.  Friday’s meeting was canceled and Monday’s docket has not been posted, yet.  If HB 83 is on Monday’s docket, we will send out an additional update.

 

---------------------------------------------------------------------------

 

HB 132 Risk management plan; coverage for injury or death on state property, concealed handgun prohibition.

Introduced by: Robert G. Marshall | all patrons  

 

Risk management plan; coverage for injury or death on state property; concealed handgun prohibition. Provides that the risk management plan established by the Division of Risk Management shall include coverage for any claim made by or on behalf of a person possessing a valid concealed handgun permit who is injured or killed upon any buildings, grounds, or properties owned or leased by the Commonwealth as a result of the criminal act of a third party if the carrying of a concealed handgun on such buildings, grounds, or properties was prohibited by regulation. The bill also provides that, in addition to providing for the actual damages arising from the person's injury or death, the coverage shall include an additional amount of $350,000.

 

Status: (We support this bill)

12/18/15  House: Referred to Committee on General Laws

01/18/16  House: Assigned to sub: Subcommittee #4

 

HB 132 has been taken off today’s docket, 2/4/16.  Subcommittee #4 of the House General Laws Committee meets Thursdays (immediately after the full committee meeting), in House Room C.  Next Thursday’s docket has not been posted, yet.

 

---------------------------------------------------------------------------

 

HB 133 Risk management plan; coverage for injury/death on college property, concealed handgun prohibition.

Introduced by: Robert G. Marshall | all patrons

 

Risk management plan; coverage for injury or death on college property; concealed handgun prohibition. Provides that the risk management plan established by the Division of Risk Management shall include coverage for any claim made by or on behalf of a person possessing a valid concealed handgun permit who is injured or killed upon any buildings, grounds,or properties owned or leased by a public institution of higher education as a result of the criminal act of a third party if the carrying of a concealed handgun on such buildings, grounds, or properties was prohibited by regulation. The bill also provides that, in addition to providing for the actual damages arising from the person's injury or death, the coverage shall include an additional amount of $350,000.

 

Status: (We support this bill)

12/18/15  House: Referred to Committee on General Laws

01/18/16  House: Assigned to sub: Subcommittee #4

 

HB 133 has been taken off today’s docket, 2/4/16.  Subcommittee #4 of the House General Laws Committee meets Thursdays (immediately after the full committee meeting), in House Room C.  Next Thursday’s docket has not been posted, yet.

 

---------------------------------------------------------------------------

 

HB 443 Carrying a concealed handgun; permit not required.

Introduced by: Jeffrey L. Campbell | all patrons  

 

Carrying a concealed handgun; exception. Allows any person who regardless of having met the demonstration of competence requirement is otherwise qualified to obtain a concealed handgun permit to carry a handgun concealed in any place where such person could openly carry a handgun.

 

Status: (We support this bill)

01/07/16  House: Referred to Committee for Courts of Justice

 

HB 443 has been referred to the Constitutional Law Subcommittee of the House Courts of Justice Committee and meets on the call of the chair.  No docket has been posted, yet.

 

---------------------------------------------------------------------------

 

HB 1096 Firearms; regulation by state entities.

Introduced by: Michael J. Webert | all patrons 

 

Regulation of firearms by state entities. Prohibits any state entity from adopting or enforcing any rule, regulation, policy, or administrative action governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof unless expressly authorized by statute. The bill invalidates any such rule, regulation, policy, or administrative action adopted by a state entity prior to July 1, 2016. The bill does not prohibit a law-enforcement officer from acting within the scope of his duties, nor does it apply to the Department of Corrections, Department of Juvenile Justice, Department of State Police, Virginia National Guard, Department of Behavioral Health and Developmental Services, or Department of Social Services. The bill allows entities to adopt or enforce rules or regulations necessary for compliance with the Fire Prevention Code or necessary for the operation of Reserve Officer Training Corps programs. The bill expressly authorizes the Board of Game and Inland Fisheries to create certain regulations governing the possession, carrying, transportation, and storage of firearms, ammunition, or components or combinations thereof.

 

Status: (We support this bill)

01/13/16  House: Referred to Committee on Militia, Police and Public Safety

01/18/16  House: Assigned to sub: #1

01/21/16  House: Subcommittee recommends reporting with amendment(s) (4-Y 1-N)

 

HB 1096 was on the docket of the Committee on Militia, Police and Public Safety this morning, Friday, 2/5/16.  We will let you know its progress in the next update.

 

---------------------------------------------------------------------------

 

HB 1163 Concealed handguns; recognition of out-of-state permits.

Introduced by: Michael J. Webert | all patrons  

 

Recognition of out-of-state concealed handgun permits. Provides that a holder of a concealed handgun permit issued by any state who is at least 21 years of age is authorized to carry a concealed handgun in Virginia. The bill requires the Attorney General to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. Current law recognizes concealed handgun permits issued by states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia.

 

Status: (We support this bill)

01/14/16  House: Referred to Committee on Militia, Police and Public Safety

01/19/16  House: Assigned to sub: #1

01/21/16  House: Subcommittee recommends reporting (4-Y 1-N)

 

HB 1163 was on the docket of the Committee on Militia, Police and Public Safety this morning, Friday, 2/5/16.  We will let you know its progress in the next update.

 

---------------------------------------------------------------------------

 

SB 610 Recognition of out-of-state concealed handgun permits.

Introduced by: Bryce E. Reeves | Jill Holtzman Vogel | all patrons 

 

Recognition of out-of-state concealed handgun permits. Provides that a holder of a concealed handgun permit issued by any state who is at least 21 years of age is authorized to carry a concealed handgun in Virginia. The bill requires the Attorney General to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. Current law recognizes concealed handgun permits issued by states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia.

 

Status: (We support this bill)

01/13/16  Senate: Referred to Committee for Courts of Justice

01/27/16  Senate: Reported from Courts of Justice with substitute (10-Y 3-N)

01/29/16  Senate: Constitutional reading dispensed (36-Y 0-N)

02/01/16  Senate: Passed by for the day

02/02/16  Senate: Passed by for the day

02/03/16  Senate: Passed by for the day

02/04/16  Senate: Read second time

02/04/16  Senate: Committee substitute reconsidered (39-Y 0-N)

02/04/16  Senate: Committee substitute rejected

02/04/16  Senate: Reading of substitute waived

02/04/16  Senate: Floor substitute printed to Web only (Reeves)

02/04/16  Senate: Substitute #1 by Senator Reeves withdrawn

02/04/16  Senate: Floor substitute printed (Reeves)

02/04/16  Senate: Reading of substitute waived

02/04/16  Senate: Substitute #2 by Senator Reeves agreed to

02/04/16  Senate: Engrossed by Senate - floor substitute

02/04/16  Senate: Constitutional reading dispensed (40-Y 0-N)

Posted by editor on Friday, February 05 @ 08:43:31 MST (570 reads)
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 "offenses against the laws of nations"

Organic Documents

The meaning of "offenses against the laws of nations"
by Jon Roland, Constitution Society

Art. I Sec. 8 Cl. 10 of the Constitution for the United States delegates the
power to Congress to "define and punish ... Offenses against the Laws of
Nations". It is important to understand what is and is not included in the
term of art "laws of nations", and not confuse it with "international law".
They are not the same thing. The phrase "laws of nations" is a direct
translation of the Latin "jus gentium", which means the underlying
principles of right and justice among nations, and during the founding era
was not considered the same as the "laws", that is, the body of treaties and
conventions, between nations, the "jus inter gentes", which is
"international law". The distinction goes back to Roman Law.

Briefly, the Laws of Nations at the point of ratification in 1789 included
the following general elements, and prosecution of those who might violate
them:

(1) No attacks on foreign nations, their citizens, or shipping, without
either a declaration of war or letters of marque and reprisal.

(2) Honoring of the flag of truce, peace treaties, and boundary treaties.

(3) Protection of wrecked ships, their passengers and crew, and their cargo,
from depredation by those who might find them.

(4) Prosecution of piracy by whomever might be able to capture the pirates,
even if those making the capture or their nations had not been victims.

(5) Care and decent treatment of prisoners of war.

(6) Protection of foreign embassies, ambassadors, and diplomats, and of
foreign ships and their passengers, crew, and cargo while in domestic waters
or in port.

(7) Honoring of extradition treaties for criminals who committed crimes in a
nation with whom one has such a treaty who escape to one's territory or are
found on the high seas.

And, although it was not yet firmly established with all nations in 1789,

(8) Prohibition of enslavement of foreign nationals and international
trading in slaves.

No subsequent additions to the "laws of nations" could have the effect of
expanding the delegated powers under the Constitution. Ratification froze
those powers at the moment of ratification. Only the amendment procedures
provided under the Constitution can add to, subtract from, or modify them.

Some confusion on whether a treaty could confer additional powers on
government was introduced by the opinion in Missouri v. Holland, 252 U.S.
416 (1920), which held that a migratory bird treaty with Canada enabled the
national government to regulate the protection and harvesting of migratory
birds within the United States, even though without the treaty the national
government would not have the power to do so. This contradicts the ancient
Law of Agency whereunder an agent, in this case federal officials, may not
acquire new powers from the exercise of a power, but only by delegation from
the principal. However, the opinion may also be read to say that it is only
state governments that are required by a treaty to exercise their already
delegated powers, and that federal courts have appellate jurisdiction over
cases of state compliance with federal treaties.

The case law was further muddied by the opinion in the case of United States
v. Belmont, 301 U.S. 324 (1937), which held that executive agreements are
entitled to the same constitutional authority as treaties in the relation
between the states and the federal government, and that the supremacy clause
makes both treaties and executive agreements supreme over state power as to
the subjects covered by them. This decision has given rise to alarm by civil
libertarians, because there is no congressional approval required for
executive agreements, much less the two-thirds vote of the Senate required
for treaties, or the ratification by three-fourths of the states required
for constitutional amendments. By this reasoning, the president acting in
collusion with any foreign government could effectively eliminate states
except as voting districts.

Based on these precedents, then Secretary of State John Foster Dulles
promulgated what some call the "Dulles Doctrine" that treaties, executive
agreements, and votes in the United Nations, could effectively amend the
U.S. Constitution and expand the powers of the federal government without
limit.

However, this misunderstanding about whether the constitution could be
amended through the making of treaties was denied in the case of Reid v.
Covert, 354 U.S. 1 (1957):

"This court has regularly and uniformly recognized the supremacy of the
constitution over a treaty" [Reid, at p. 17].

"... when a statute which is subsequent in time is inconsistent with a
treaty, the statute to the extent of conflict, renders the treaty null."
[Reid, supra, citing Geofroy v. Riggs, 133 U.S. 238, at p. 267]

"No agreement with a foreign nation (no exec. orders, no Pres. directives,
no "accords" etc.) can confer power on Congress or any other branch of
government, which is free from the restraints of the constitution" [Reid,
supra].

Despite the decision in Reid v. Covert, however, the dominant faction in the
federal government continues to maintain the Dulles Doctrine, arguing that
Reid only applied to infringements on rights recognized in the Constitution,
and did not prevent expansion of federal powers through treaty, even though
one of the fundamental rights recognized in the Tenth Amendment was the
right not to have government exercise powers not delegated to it.

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 Virginia Law Makers At Play With Your Rights

Civil  Rights

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Legislative Update 1-25-2016  

**********************************************************

 WE SUPPORT THESE BILLS

 

•   Property Rights

 SB 478 Eminent domain; reimbursement of costs

 Eminent domain; reimbursement of costs. Provides that costs and fees may be awarded in condemnation actions where the amount the owner is awarded at trial as compensation for the taking of or damage to his property is 20 percent or more greater than the amount of the condemnor's initial written offer. Under current law, such costs and fees may be awarded if the amount awarded as compensation at trial is 30 percent or more greater than the petitioner's final offer. The bill removes an exception for meeting the requirements for payment of costs and fees for condemnation actions involving easements valued at less than $10,000.

The bill also replaces the word "petitioner" with "condemnor" in the provision of the Code allowing the court to award costs and fees and allows the court to order the condemnor to pay to the owner reasonable fees and travel costs incurred by the owner for up to three experts, or as many as called by the condemnor, whichever is greater, who testified at trial.

 Status: (We support this bill)

01/12/16  Senate: Referred to Committee for Courts of Justice

 The Senate Courts of Justice Committee meets on Mondays (8:00 a.m.) and Wednesdays (15 minutes after adjournment of full Senate) in Senate Room B.  SB 478 is not on the docket for Monday, 1/25/16.

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 SB 543 Inverse condemnation proceeding; reimbursement of owner's costs

 Inverse condemnation proceeding; reimbursement of owner's costs. Directs the court to reimburse a plaintiff for the costs of an inverse condemnation proceeding for "damaging" property if a judgment is entered for the plaintiff. Under current law, the court is directed to award costs only for the "taking" of property. The change made in this bill corresponds with the language of amendments to Article 1, Section 11 of the Constitution of Virginia, which became effective on January 1, 2013

 Status: (We support this bill)

01/13/16  Senate: Referred to Committee for Courts of Justice

 The Senate Courts of Justice Committee meets on Mondays (8:00 a.m.) and Wednesdays (15 minutes after adjournment of full Senate) in Senate Room B.  SB 543 is not on the docket for Monday, 1/25/16.

 •   Asset Forfeiture

 SB 108 Forfeiture of property used in connection with the commission of crimes; finding of guilt required

 Forfeiture of property used in connection with the commission of crimes; finding of guilt required. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the forfeiture is ordered by the court pursuant to a plea agreement or (ii) the owner of the property has not submitted a written demand for the return of the property within one year from the date the property was seized.

Status: (We support this bill)

12/28/15  Senate: Referred to Committee for Courts of Justice

 The Senate Courts of Justice Committee meets on Mondays (8:00 a.m.) and Wednesdays (15 minutes after adjournment of full Senate) in Senate Room B.  SB 108 is not on the docket for Monday, 1/25/16.

 •   School Choice

 HB 389 Parental Choice Education Savings Accounts established

 Parental Choice Education Savings Accounts established. Permits the parent of a public preschool, elementary, or secondary school student to apply to the school division in which the student resides for a one-year, renewable Parental Choice Education Savings Account that consists of an amount that is equivalent to 90 percent of all applicable annual Standards of Quality per pupil state funds appropriated for public school purposes and apportioned to the resident school division in which the student resides, including the per pupil share of state sales tax funding in basic aid and any state per pupil share of special education funding to which the student is eligible. The bill permits the parent to use the moneys in such account for certain education-related expenses of the student, including tuition, deposits, fees, and required textbooks at a private, sectarian, or nonsectarian elementary or secondary school or preschool that is located in the Commonwealth and does not discriminate on the basis of race, color, or national origin. The bill also contains provisions relating to auditing, rescinding, and reviewing expenses made from such accounts.

 Status: (We support this bill)

01/06/16  House: Referred to Committee on Education

01/15/16  House: Assigned to sub: Subcommittee Education Innovation

01/19/16  House: Subcommittee recommends reporting (5-Y 4-N)

01/19/16  House: Subcommittee recommends referring to Committee on Appropriations

01/20/16  House: Reported from Education (13-Y 9-N)

01/20/16  House: Referred to Committee on Appropriations

 SB 389 has been referred to the House Appropriations Committee which meets Mondays, Wednesdays, and Fridays (½ hour after the full House adjourns) in the 9th Floor Appropriations Room.  SB 389 is not on the docket for Monday, 1/25/16.

 •   Firearm Related

 HB 49 Right to keep & bear arms; codifies opinion of Supreme Court of U.S. in D.C. v. Heller

 Right to keep and bear arms. Codifies the opinion of the Supreme Court of the United States in District of Columbia v. Heller, 554 U.S. 570 (2008), that the right to keep and bear arms conferred by the United States Constitution and the Constitution of Virginia is an individual right.

 Status: (We support this bill)

11/25/15  House: Referred to Committee for Courts of Justice

 HB 49 has been referred to the House Courts of Justice Committee which meets Mondays, Wednesdays, and Fridays (½ hour after the full House adjourns) in House Room C.  The Monday (1/25/16) meeting has been canceled.

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 HB 83 Federal firearms laws; enforcement.

 Federal firearms laws; enforcement. Provides that agencies and political subdivisions of the Commonwealth, and employees thereof, shall not knowingly aid any employee or entity of the federal government (i) in the enforcement of federal firearms laws that take effect on or after December 1, 2015, or (ii) in the conduct or enforcement of a criminal background check related to any intrastate sale, loan, gift, or other transfer of a firearm between citizens of the Commonwealth.

 Status: (We support this bill)

12/10/15  House: Referred to Committee on Militia, Police and Public Safety

01/15/16  House: Referred from Militia, Police and Public Safety by voice vote

01/15/16  House: Referred to Committee on Appropriations

HB 83 has been referred to the House Appropriations Committee which meets Mondays, Wednesdays, and Fridays (½ hour after the full House adjourns) in the 9th Floor Appropriations Room.  HB 83 is not on the docket for Monday, 1/25/16.

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 HB 132 Risk management plan; coverage for injury or death on state property, concealed handgun prohibition.

 Risk management plan; coverage for injury or death on state property; concealed handgun prohibition. Provides that the risk management plan established by the Division of Risk Management shall include coverage for any claim made by or on behalf of a person possessing a valid concealed handgun permit who is injured or killed upon any buildings, grounds, or properties owned or leased by the Commonwealth as a result of the criminal act of a third party if the carrying of a concealed handgun on such buildings, grounds, or properties was prohibited by regulation. The bill also provides that, in addition to providing for the actual damages arising from the person's injury or death, the coverage shall include an additional amount of $350,000.

 Status: (We support this bill)

12/18/15  House: Referred to Committee on General Laws

01/18/16  House: Assigned to sub: Subcommittee #4

 HB 132 has been assigned to Subcommittee # 4 of the General Laws Committee which meets on Thursdays (upon adjournment of the full committee) in House Room C.  The docket for Thursday, 1/28/16, has not been posted, yet.

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 HB 133 Risk management plan; coverage for injury/death on college property, concealed handgun prohibition.

 Risk management plan; coverage for injury or death on college property; concealed handgun prohibition. Provides that the risk management plan established by the Division of Risk Management shall include coverage for any claim made by or on behalf of a person possessing a valid concealed handgun permit who is injured or killed upon any buildings, grounds,or properties owned or leased by a public institution of higher education as a result of the criminal act of a third party if the carrying of a concealed handgun on such buildings, grounds, or properties was prohibited by regulation. The bill also provides that, in addition to providing for the actual damages arising from the person's injury or death, the coverage shall include an additional amount of $350,000.

 Status: (We support this bill)

12/18/15  House: Referred to Committee on General Laws

01/18/16  House: Assigned to sub: Subcommittee #4

 HB 133 has been assigned to Subcommittee # 4 of the General Laws Committee which meets on Thursdays (upon adjournment of the full committee) in House Room C.  The docket for Thursday, 1/28/16, has not been posted, yet.

 ---------------------------------------------------------------------------

 HB 443 Carrying a concealed handgun; permit not required.

 Carrying a concealed handgun; exception. Allows any person who regardless of having met the demonstration of competence requirement is otherwise qualified to obtain a concealed handgun permit to carry a handgun concealed in any place where such person could openly carry a handgun.

 Status: (We support this bill)

01/07/16  House: Referred to Committee for Courts of Justice

 HB 443 has been referred to the House Courts of Justice Committee which meets Mondays, Wednesdays, and Fridays (½ hour after the full House adjourns) in House Room C.  The Monday (1/25/16) meeting has been canceled.

 ---------------------------------------------------------------------------

 HB 1096 Firearms; regulation by state entities.

 Regulation of firearms by state entities. Prohibits any state entity from adopting or enforcing any rule, regulation, policy, or administrative action governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof unless expressly authorized by statute. The bill invalidates any such rule, regulation, policy, or administrative action adopted by a state entity prior to July 1, 2016. The bill does not prohibit a law-enforcement officer from acting within the scope of his duties, nor does it apply to the Department of Corrections, Department of Juvenile Justice, Department of State Police, Virginia National Guard, Department of Behavioral Health and Developmental Services, or Department of Social Services. The bill allows entities to adopt or enforce rules or regulations necessary for compliance with the Fire Prevention Code or necessary for the operation of Reserve Officer Training Corps programs. The bill expressly authorizes the Board of Game and Inland Fisheries to create certain regulations governing the possession, carrying, transportation, and storage of firearms, ammunition, or components or combinations thereof.

 Status: (We support this bill)

01/13/16  House: Referred to Committee on Militia, Police and Public Safety

01/18/16  House: Assigned to sub: #1

01/21/16  House: Subcommittee recommends reporting with amendment(s) (4-Y 1-N)

 HB 1096 has passed through Subcommittee #1 of the Committee on Militia, Police and Public Safety and will now go to the full committee which meets on Fridays (9:00 a.m.) in House Room C.  The docket for Friday, 1/29/16, has not been posted, yet.

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 HB 1163 Concealed handguns; recognition of out-of-state permits.

 Recognition of out-of-state concealed handgun permits. Provides that a holder of a concealed handgun permit issued by any state who is at least 21 years of age is authorized to carry a concealed handgun in Virginia. The bill requires the Attorney General to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. Current law recognizes concealed handgun permits issued by states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia.

 Status: (We support this bill)

01/14/16  House: Referred to Committee on Militia, Police and Public Safety

01/19/16  House: Assigned to sub: #1

01/21/16  House: Subcommittee recommends reporting (4-Y 1-N)

 HB 1163 is the companion bill to SB 610 (see below) and has passed through Subcommittee #1 of the House Committee on Militia, Police and Public Safety.  It will now go to the full committee which meets on Fridays (9:00 a.m.) in House Room C.  The docket for Friday, 1/29/16, has not been posted, yet.

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 SB 610 Recognition of out-of-state concealed handgun permits.

 Recognition of out-of-state concealed handgun permits. Provides that a holder of a concealed handgun permit issued by any state who is at least 21 years of age is authorized to carry a concealed handgun in Virginia. The bill requires the Attorney General to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. Current law recognizes concealed handgun permits issued by states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia.

 Status: (We support this bill)

01/13/16  Senate: Referred to Committee for Courts of Justice

 SB 610 is the companion bill to HB 1163 (see above) and has been referred to the Senate Courts of Justice Committee.  This committee meets on Mondays (8:00 a.m.) and Wednesdays (15 minutes after adjournment of full Senate) in Senate Room B.  SB 610 is not on the docket for Monday, 1/25/16.

 

 

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 Accomack County Circuit Court Missing Index and Records

UARF Civil Rights Case Management

Accomack County Circuit Court Clerk 

Not Indexing or filing Records Sent to the Court 

By The Virginia Marine Resources Commission [VMRC]

As a result of a Freedom of Information request [01/12/2016] by UARF's Vice President of Research, Doug Buckley to Samuel H. Cooper, Jr.,   Clerk of the Court and an examination of the files of the Court by Buckley it was discovered that the Court is not properly filing and indexing its records as required by the Virginia Code.  Buckley reports that he, Mike Clair/Chairman of the Virginia Marine Foundation's Virginia Marine Resources Advisory Committee  and court personnel found the records in file cabinets that are unlabeled, and that the court staff was unaware that the records were ever received by the court. 

UARF's President reported to the Foundation's  executive board that due to the lack of record keeping and indexing  by the Circuit Court the Foundation is not able to determine if VMRC has met its burden as set out in 
Virginia Code § 28.2-213. /  Distribution of new regulations. A copy of any regulation of general application adopted by the Commission shall be sent to the Registrar of Regulations, the clerks of the circuit courts of all counties and cities in Tidewater Virginia, and to all Commission officers.

Buckley explained that it is the belief of UARF if that VMRC is not in compliance with Virginia Code § 28.2-213.  any regulation passed by VMRC is a legal nullity and accordingly unenforceable.  Buckley further said that he is going to ask his General Assembly Delegate,  Robert Bloxom to make an inquiry to the Virginia Attorney General [AG]to get an opinion from the AG if a non delivered regulation as set out in Virginia Code § 28.2-213.  is enforceable and/r  a legal nullity.  In addition   he will ask the Delegate to ask the AG if the Clerk fails to index and file the regulation as set out in Virginia Code Sections 42.1-86 and 42.1-87 if the regulations are legal nullities.

What Buckley asked for:

Petitioner’s Exhibit 2

Schedule of Documents** / Public Records** that the FOIA Request Addresses

   

A. Index of Virginia Marine Resources Commission (VMRC) records  / filings for new regulations passed by the VMRC.

 

B. Virginia Marine Resources Commission regulations recorded with the Clerk of the Court of Accomack County between January 1, 2012 and December 31, 2015.

 

C. Virginia Marine Resources Commission “Emergency “ regulations recorded with the Clerk of the Court of Accomack County between January 1, 2012 and December 31, 2015.

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 UARF's The Citizen Soldier White Paper/TOMB

Manual of the Constitution UARF's The Citizen Soldier

Get Your Free UARF White Paper/TOMB "The Citizen Soldier" [215 pages].

In medieval times it was a matter of law that common folk must purchase at their own expense and keep ready in their homes some basic weapons to serve and protect their king and state. The rulers expected the peasants to have acquired certain skills with their weapons prior to deployment, although they failed to provide any sort of funding for training.

The English Assize of Arms (1181), promulgated by Henry II, required that each man keep at his own expense in his home a weapon appropriate to his rank and position.1 The American use of militia was, in reality, a return to traditional practices of this earlier age. In medieval Europe the law defined a militia as "the whole body of freemen" between the ages of fifteen and forty years, who were required by law to keep weapons in defense of their nation.2 In the later Middle Ages the militia was the whole body of "citizens, burgesses, free tenants, villeins [serfs] and others from 15 to 60 years of age" who were obliged by the law to be armed.3

Trained Bands (or Trainbands) are found primarily in Elizabethan and Stuart England. The concept and term may be found as early as the reign of Alfred the Great (849-899). "For greater security, certain men in or near each settlement or City, who volunteered or were selected otherwise, were given, or agreed to procure, arms in advance of any emergency."4 These men became the mainstay of Cromwell's army during the Puritan Revolution and these units developed from the broader militia. The term is occasionally encountered referring to select militia in the American colonies, especially in New England.

Most European nations had abandoned the militia system by the sixteenth century.5 Americans chided the English for abandoning the militia system which had worked so well here. The militia, alone, had served as a check on the native aborigine in the colonial period of American history. For instances, when General Braddock was defeated near Pittsburgh, then Fort DuQuesne, the Virginia militia under Colonel George Washington's command stood against the French and Indians. The British army fled to the eastern seaboard. During the colonial period Americans came to trust the militia to a far greater extent than they trusted the regular royal army. The fancy uniforms and European battle formations may have served the British well in wars in the old world, but they were ill suited for backwoods America.

America's colonial citizen-soldier citizens soldier had their counterparts throughout history, as in ancient and medieval times when the peasants were conscripted to fight as foot soldiers. After the wars were over the peasants, too, returned to their fields. Tradesmen, farmers, men in all walks and vocations of life, had one thing in common: they stood as brothers in arms against the enemy as part of the citizen-soldiery.

The citizen-soldier stands in marked contrast to the professional soldier whose vocation is war. The citizen-soldier does not enter war for pay or booty. He goes to war only reluctantly, spurred on by notions of patriotism, nationalism and duty. He deplores war. He fights only as a last recourse when his nation is threatened and not in imperialistic adventures. There is no human institution any where more fundamental than the militia. As we shall show in this and the ensuing four volumes, excepting only religious dissenters, the true, traditional citizens owned firearms, less as a privilege than as a matter of duty. They came to equate firearms ownership with freedom. A free man is armed; a slave is dispossessed of his arms. No man can trust a government that seeks to disarm him. Those who claim the right to bear arms over and against tyrannical government stand arm in arm with his ancestors who refused to give up their arms at Lexington, Concord, and on a thousand other locations.

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 Kathleen McCarthy / Chair  Issues a stunning report of FOIA Council

Freedom of Information [Project FOIA] New Page 1
FOIA-Logo-FOIA
 

Kathleen McCarthy / Chair

 Issues a stunning report of

 the Virginia General Assembly’s

 Freedom of Information Advisory Council’s

Incompetency, Malfeasance, Misfeasance, Misfeasance;

 

FOIA Under Attack By the

Virginia Freedom of Advisory Council

Virginia is not heeding the call to deliver information in a way that creates;

  • [1] transparency and;

  • [2] demonstrates accountability.

The Unalienable Rights Foundation
Office of Civil Rights Case Managers
Kathleen McCarthy

Forensic Evidence Management Team

  

Transparency creates a window into the world of government operations.

Accountability provides a measure of how government is performing.

Transparency and accountability providing citizens with a way to see plans for:

·      services and infrastructure;

·      spending;

·      the evolution of public policy;

All of which starts with providing access to information.

 When Virginia’s government holds itself accountable to the people of the Commonwealth, its citizens, our Government shows:

·      us how and why decisions are made;

·      offers measures of whether the public policy that touches and concerns the people of the Commonwealth are successful. 

An accountable and transparent government provides the “People” individuals and business, “Citizens All,” to get: 

[1] involved;

         [2] to help government reach what goals “We the People,”

the Citizens, have set for it.

This is best summarized in the adage, “Accountability builds confidence in government.

 http://www.esri.com/library/brochures/pdfs/transparency-and-accountability.pdf

Guidance to meet this objective is found in the Code of Virginia:

§ 2.2-3700. B.  By enacting this chapter, the General Assembly ensures the people of the Commonwealth ready access to public records in the custody of a public body or its officers and employees, and free entry to meetings of public bodies wherein the business of the people is being conducted. The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government

The provisions of this chapter shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government. ..  

When elected and appointed officials comply with the Freedom of Information Act:

·      it creates transparency that is free from pretense and deceit,which means that citizens will be able to "see through" the workings of its government;

·      to know exactly what goes on when public officials transact public business.

When Government is not transparent it is prone to corruption and undue influence because there is no public oversight of decision-making:

·      Virginia Freedom of Information Act [FOIA]

·      Virginia Public Records Act [PRA]

·      State and Local Government Conflict of Interest [COIA]

·      As found in:

o   Cartwright v. Commonwealth Transp. Commr, 270 Va. 58, 613 S.E.2d 449 (2005);

o   Fenter v. Norfolk Airport Authority, 274 Va. 524, 649 S.E.2d 704 (2007)

o   White Dog Publishing v. Culpeper Bd. Of Sup., 272 Va. 377, 634 S.E.2d 334 (2006).

These cases and the CODE all say that both elected and appointed officials in government are held accountable to the people by the laws of the Commonwealth [passed by the General Assembly and interpreted by the Courts] that regulate their and our actions.

The CODE and Constitutions [federal and state] limit the governments use of power.  This protects the people from abuse. These laws [PRA / FOIA / COIA] require transparency and/or openness in government so that the people may readily have information necessary to evaluate the performance of their elected and appointed officials.

It was reported in The Virginia News Letter [Vol. 90 No. 2 January by Quentin Kid and Meyrem Baer] that a study conducted by the Center of Public Integrity, Global Integrity, and Public Radio International of all 50 states are on the risk of corruption.

In this study The Corruption Risk Report Card gave individual grades of F to the Old Dominion in several key areas one being public access to information, as well as legislative accountability among others.  http://www.coopercenter.org/sites/default/files/publications/Virginia%20News%20Letter%202014%20Vol.%2090%20No%201.pdf

On July 23, 2015, the Unalienable Rights Foundation (UARF) (Virginia State Corporation Commission ID No. 0632406-5 a Virginia citizen, a Virginia non-stock / not-for-profit corporation/organization and a news organization {see www.UARF.us}) whose [1] mailing address is P.O. Box 1224, Parksley, Virginia 23421-1224, [2] and office address is 306 Main Street, Newport News, Virginia 23601 is endeavoring to provide a valuable public service by independently analyzing and reviewing, without cost to the taxpayers, the operations and records of public entities/bodies (Virginias FOIA exists to provide a mechanism [Slip Op. II] for Virginia citizens to obtain an accounting from their public officials McBurney v. Young, 569 U.S. ___ 1217 (2013) to ensure that the operations of government, such as The Freedom of Information Advisory Council [VFOIAC] and the Library of Virginia [LVA], Agencies [Agency means all boards, commissions, departments, divisions, institutions, authorities, or parts thereof, of the Commonwealth or its political subdivisions and includes the offices of constitutional officers Virginia Code§ 42.1-77] emailed a FOIA request to Ms. Maria J.K. Everett, Executive Director, Virginia Freedom of Information Advisory Council to examine all documents regarding:

·      Hampton Roads Transportation Accountability Commission [HRTAC]

·      Hampton Roads Transportation Planning Organization  [HRTPO]

·      Hampton Roads Planning District Commission [HRPDC]

All of which are alter egos of each other, as each of their responses to separate UARF FOIA requests to each agency indicates.

The responses to UARF FOIA requests from VFOIAC and LVA appear to UARF to confirm the Kid /Bayer findings in their report that touches and concerns corruption.  It appears to UAARF that the corruption has already set in, it is not merely a risk.

Ms. Everett response on July 29, 2015, to UARFs FOIA Request dated July 22, 2015:

Please be advised that a search was conducted of all of our formal, published opinions, our electronic Correspondence directory, and all of our email dating back to 2010…  We also have paper copies of telephone calls and emails dating back to 2000; there are over 20,000 of these records.  We searched these paper phone and email records dating from July 1, 2014, through present date.  The only records in this office's possession that relate to your request are an email sent to Delegate Chris Jones offering FOIA training for HRTAC and a memorandum concerning the application of FOIA to Commissioners of Accounts that was shared with Senator Norment.the original emails will be forwarded to you.  We have chosen not to charge for the time involved in conducting these searches.

Please note that as mentioned, we have an additional 14 years' worth of paper telephone call and email records that are organized by month and year.  It took two of us approximately two hours to search one year's worth of these records (July 1, 2014, to present date, as described above).  We therefore estimate that it would take approximately 28 hours for us to search all of these records to try to find any that are responsive to your request.  At an administrative rate of $20/hour, the estimated cost for such a search would be $560 (we choose not to charge our rates as attorneys as searching these records is an administrative task). 

Unfortunately, while we appreciate your offer to search the records, because some of the records are confidential pursuant to subdivision 4 of § 30-179, we do have to perform this search ourselves.  Therefore, if you want us to search all of these records, please remit an advance deposit in the amount of $560, payable to the Treasurer of Virginia.  In the event that you do wish for us to search all of these records, please be advised that it is practically impossible to provide the requested records or determine whether they are available within the five working days required by FOIA because of the volume of records to be searched.  Therefore, we are invoking subsection B 4 of § 2.2-3704 to provide us with seven additional working days to respond to your request. However, please do not hesitate to contact us if you would like to work out some other arrangement.  

After receiving Ms. Everetts response dated July 29, 2015, UARF sent Ms. Everett the following email dated August 12, 2015:

Again, I would like to thank you for responding so promptly to the July 22, 2015, FOIA and providing me with the two records below:

1.      An email sent to Delegate Chris Jones offering FOIA  training for HRTAC

2.      A memorandum concerning the application of FOIA to  Commissioners of Account that was shared with Senator Norment. 

Additionally, your email response dated July 29, 2015, indicated that you have an additional 14 yearsworth of paper telephone call and email records that are organized by month and year and that it would take an estimated 28 hours to search all of these records to try and find any that are responsive to my request at a cost of $560.00.

Please be advised that we do not expect you or your staff to search, review and/or inspect over 20,000 records.  At this time, I would like to narrow my request, which I believe would be less time-consuming and would substantially cut the costs associated with this request.  

Therefore, I herby request a digital inventory and/or index of the records that touch and concern HRTAC / HRTPO / HRPDC in Exhibit 1, 2, and 3, of the July 22, 2015, FOIA emailed to you on July 23, 2015.  

With an inventory / index, I will then be able to, with some specificity, limit the number of records requested and, at the same time, it will substantially decrease the number of hours of searching by you and your staff.   

Again, please provide me with an itemized schedule of any / all charges related to this request pursuant to §2.2-3704.F.

On August 14, 2015, Ms. Everett responded to UARFs email dated August 12, 2015:

We do not have a digital inventory or index of records that touch and concern HRTAC / HRTPO / HRPDC (we have never created such a record).  Just so you know, we did search for all items responsive to your original request in our electronic files including email, website, published opinions, and our network folder, as detailed in our previous response.  The two records we sent were the only responsive items that we have.  We elected not to charge for the time involved in that search.  The only other records we have are paper records, as also described in our previous response, which you have indicated you do not wish for us to search.  If you have any questions or need additional information, please do not hesitate to call. 

Needless to say, I was completely astonished to learn that the FOIA Advisory Council was not following the FOIA laws § 2.2-3700 - § 2.2-3714 and/or the statutes as required under the Public Records Act § 42.1- § 42.1-92. 

Code Section § 42.1-76 The General Assembly intends by this chapter to establish a single body of law applicable to all public officers and employees on the subject of public records management and preservation and to ensure that the procedures used to manage and preserve public records will be uniform throughout the Commonwealth. This chapter may be cited as the Virginia Public Records Act.

§ 42.1-76.1. Any person elected, reelected, appointed, or reappointed to the governing body of any agency subject to this chapter shall (i) be furnished by the agency or public body's administrator or legal counsel with a copy of this chapter within two weeks following election, reelection, appointment, or reappointment and (ii) read and become familiar with the provisions of this chapter.

§ 42.1-92. B. By enacting this chapter, the General Assembly recognizes that an informed citizenry is indispensable to the proper functioning of a democratic society. In order to remain informed, citizens must know about the activities of their government and benefit from information developed at public expense.

UARF has a written statement that contradicts Ms. Everetts email response to UARFs FOIA requested dated July 22, 2015. 

This contradiction could have easily been resolved if Ms. Treadway, Librarian of Virginia [LV] had implemented, which is her mandate, the Public Records Act and enforced HRTAC / HRTPO / HRPDC to comply with the Code of Virginia § 42.1 - 42.1-92. 

If Ms. Treadway had exercised her discretion pursuant to § 42.1-90.1 [her good judgment], she could have conducted an audit of HRTAC / HRTPO / HRPDC to enforce these Statutes to demonstrate transparency and accountability in Virginia government. 

As it stands now, FOIA is nothing more than a mere gesture, words on a page in some book, because the Library of Virginia is not applying the provisions of the Public Records Act. § 42.1 - 42.1-92.

UARF does not know if Ms. Treadway, has contacted the agencies referenced above that have failed to obey the laws of Virginia because Ms. Treadway has failed to respond to the FOIA request emailed to her on July 22, 2015, and again on August 17, 2015.      

Therefore, UARF cannot determine whether Ms. Everetts response to the July 22, 2015, FOIA request is a contradiction or a false uttering.

If it is a false uttering, the question arises whether it was a knowing and a willing uttering that would lead to holding the respondents to the penalties of Virginia Law that deals with false statements etc., including and not limited to:

·      CODE  § 18.2-462;

·      CODE  § 18.2-469;

·      CODE  § 18.2-471;

·      CODE  § 18.2-472;

Consequently, in an attempt to follow the Code of Virginia regarding the indexes and audits, UARF contacted Delegate William DeSteph and requested that he contact the Attorney General to determine if the FOIA Council and the Library of Virginia are subject to the FOIA Statutes and the Public Records Act. 

Delegate DeSteph, on UARFs behalf, contacted the Attorney General, and on Thursday, August 20, 2015, at approximately 6:32 pm Delegate DeSteph confirmed that the FOIA Council and the Library of Virginia are both subject to the Public Records Act and the FOIA Statutes. 

A copy of Delegate DeStephs confirmation from the Attorney General was forwarded to Ms. Everett and Ms. Treadway.

Yet to date, UARF has not received a response to UARFs FOIA request to Ms. Everett for an Index of records regarding HRTAC / HRTPO / HRPDC, as well as a request to Ms. Treadway that HRTAC/ HRTPO/ HRPDC comply with the Public Records Act including an official audit conducted by Ms. Treadway.

An indication to UARF that the Freedom of Information Advisory Council and the Library of Virginia lack independence. 

After reviewing the Commonwealth of Virginias website, it is quite clear that the Freedom of Information Advisory Council is part of the machinery of government.  FOIA is a branch of the Division of Legislative Services [DLS] and is designated as part of the services provided by DLS on the States Web Site that states that:          

The Division of Legislative Services [DLS] is the legislative branch agency created statutorily by the General Assembly to provide nonpartisan legal and general research services to members of the General Assembly and its standing committees in the House of Delegates and Senate of Virginia.

DLSs Mission statement on the Commonwealth of Virginias Website states that:

The Divisions mission is to assist legislators in fulfilling their duties and obligations as members of the General Assembly.  This is accomplished by providing clear, concise, and objective information to all 140 members of the General Assembly.

Accordingly, by law, VFOIA works in tandem with the members of the General assembly.  VFOIAs priority, according to the DLS website, works in concert with the Legislators and, therefore, its loyalty is with the Legislators and not with the people of the Commonwealth.

Therein lies the problem. 

VFOIA lacks the autonomy or independence to objectively review, revise or delete any exemptions, which is the reason exemptions continue to pile up. 

The simple fact is that the FOIA council wears two hats that create unavoidable conflicts because of the many different interests and loyalties that exist at any given time within these competing roles.

As such, the FOIA council has a duty to more than one person, but cannot do justice to the actual or potentially adverse interest of both parties.  The people of Virginias interests are being overlooked.

Because the FOIA Council is staffed by the Division of Legislative Service [DLS], it is a branch of the DLS. Based on its own Mission Statement, FOIA is required to serve the legislature and not We the People. 

This premise creates a conflict of interest when it attempts to balance the dual role of being an arm or branch of DLS vs. the peoples right to know the inner workings of its government. 

Public servants have a fiduciary responsibility to the people of Virginia.  This fiduciary relationship is based on the utmost trust, confidence, and the integrity of objective decision-making.  Conflicts of interest are a cancer that eats away at these principles. These inherent conflicts could provide an incentive for improper acts in some circumstances.

A conflict of interest can exist even if there are no improper acts as a result of it.  A person with two roles may experience situations where those two roles conflict. Having two roles is not illegal, but the differing roles will certainly provide a conflict that could impair an individuals ability to perform his or her duties and responsibilities objectively.

Impropriety occurs when an elected or appointed official is faced with a conflict of interest.  Because FOIA is part of the DLS, can the people of the Commonwealth honestly believe that they are not being unduly influenced by the mutual reliance and interaction with the General Assembly? 

Two hats cannot fit on one head at the same time.  What assurances do the Citizens of the Commonwealth have that VFOIAC will not be influenced by a member of the General Assembly to create an exemption that conceals unfavorable legislation that protects the Delegate, Senator, or bad acts of Government instead of the People of Virginia?

Transparency is a commitment to openness and by exposing conflicts of interest corruption that is hidden can easily be detected.

COIA is also aimed at perceptions, as well as the realities. It exists even if no unethical or improper acts occur.   A conflict of interest can create an appearance of impropriety that can undermine confidence in the government.

Even the appearance of impropriety undermines the publics faith that the process is fair.

VFOIAs lack of independence presents a dilemma for FOIA because its guiding principle is openness § 2.2-3700.B. and yet the very tenets of FOIA are blurred by the nature of these dual roles.  As a result, the public will continue to lose faith in the integrity of the governments decision-making process instead of promoting and fostering transparency and accountability.

  

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Posted by editor on Sunday, October 11 @ 20:56:29 MST (878 reads)
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 Meaning of "High Crimes and Misdemeanors"

Manual of the Constitution Meaning of "High Crimes and Misdemeanors"

Meaning of "High Crimes and Misdemeanors"

by Jon Roland, Constitution Society

The question of impeachment turns on the meaning of the phrase in the Constitution at Art. II Sec. 4, "Treason, Bribery, or other high Crimes and Misdemeanors". I have carefully researched the origin of the phrase "high crimes and misdemeanors" and its meaning to the Framers, and found that the key to understanding it is the word "high". It does not mean "more serious". It refers to those punishable offenses that only apply to high persons, that is, to public officials, those who, because of their official status, are under special obligations that ordinary persons are not under, and which could not be meaningfully applied or justly punished if committed by ordinary persons.

Under the English common law tradition, crimes were defined through a legacy of court proceedings and decisions that punished offenses not because they were prohibited by statutes, but because they offended the sense of justice of the people and the court. Whether an offense could qualify as punishable depended largely on the obligations of the offender, and the obligations of a person holding a high position meant that some actions, or inactions, could be punishable if he did them, even though they would not be if done by an ordinary person.

 

Offenses of this kind survive today in the Uniform Code of Military Justice. It recognizes as punishable offenses such things as refusal to obey orders, abuse of authority, dereliction of duty, moral turpitude, and conduct unbecoming. These would not be offenses if committed by a civilian with no official position, but they are offenses which bear on the subject's fitness for the duties he holds, which he is bound by oath or affirmation to perform.

Perjury is usually defined as "lying under oath". That is not quite right. The original meaning was "violation of one's oath (or affirmation)".

The word "perjury" is usually defined today as "lying under oath about a material matter", but that is not its original or complete meaning, which is "violation of an oath". We can see this by consulting the original Latin from which the term comes. From An Elementary Latin Dictionary, by Charlton T. Lewis (1895), Note that the letter "j" is the letter "i" in Latin.

periurium, i, n,, a false oath, perjury.

periurus, adj., oath-breaking, false to vows, perjured. iuro, avi, atus, are, to swear, take an oath.

iurator, oris, m., a swearer.

iuratus, adj., sworn under oath, bound by an oath.

ius, iuris, that which is binding, right, justice, duty.

per, ... IV. Of means or manner, through, by, by means of, ... under pretense of, by the pretext of, ....

By Art. II Sec. 1 Cl. 8, the president must swear: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." He is bound by this oath in all matters until he leaves office. No additional oath is needed to bind him to tell the truth in anything he says, as telling the truth is pursuant to all matters except perhaps those relating to national security. Any public statement is perjury if it is a lie, and not necessary to deceive an enemy.

When a person takes an oath (or affirmation) before giving testimony, he is assuming the role of an official, that of "witness under oath", for the duration of his testimony. That official position entails a special obligation to tell the truth, the whole truth, and nothing but the truth, and in that capacity, one is punishable in a way he would not be as an ordinary person not under oath. Therefore, perjury is a high crime.

An official such as the president does not need to take a special oath to become subject to the penalties of perjury. He took an oath, by Art. II Sec. 1 Cl. 8, to "faithfully execute the Office of President of the United States" and to "preserve, protect and defend the Constitution of the United States" to the best of his ability. While he holds that office, he is always under oath, and lying at any time constitutes perjury if it is not justified for national security.

Independent Counsel Kenneth Starr erred in presenting in his referral only those offenses which could be "laid at the feet" of the president. He functioned like a prosecutor of an offense against criminal statutes that apply to ordinary persons and are provable by the standards of "proof beyond a reasonable doubt". That is not to say that such offenses are not also high crimes or misdemeanors when committed by an official bound by oath. Most such offenses are. But "high crimes and misdemeanors" also includes other offenses, applicable only to a public official, for which the standard is "preponderance of evidence". Holding a particular office of trust is not a right, but a privilege, and removal from such office is not a punishment. Disablement of the right to hold any office in the future would be a punishment, and therefore the standards of "proof beyond a reasonable doubt" would apply before that ruling could be imposed by the Senate.

It should be noted, however, that when an offense against a statute is also a "high crime or misdemeanor", it may be, and usually is, referred to by a different name, when considered as such. Thus, an offense like "obstruction of justice" or "subornation of perjury" may become "abuse of authority" when done by an official bound by oath. As such it would be grounds for impeachment and removal from office, but would be punishable by its statutory name once the official is out of office.

An executive official is ultimately responsible for any failures of his subordinates and for their violations of the oath he and they took, which means violations of the Constitution and the rights of persons. It is not necessary to be able to prove that such failures or violations occurred at his instigation or with his knowledge, to be able, in Starr's words, to "lay them at the feet" of the president. It is sufficient to show, on the preponderance of evidence, that the president was aware of misconduct on the part of his subordinates, or should have been, and failed to do all he could to remedy the misconduct, including termination and prosecution of the subordinates and compensation for the victims or their heirs. The president's subordinates include everyone in the executive branch, and their agents and contractors. It is not limited to those over whom he has direct supervision. He is not protected by "plausible deniability". He is legally responsible for everything that everyone in the executive branch is doing.

Therefore, the appropriate subject matter for an impeachment and removal proceeding is the full range of offenses against the Constitution and against the rights of persons committed by subordinate officials and their agents which have not been adequately investigated or remedied. The massacre at Waco, the assault at Ruby Ridge, and many, many other illegal or excessive assaults by federal agents, and the failure of the president to take action against the offenders, is more than enough to justify impeachment and removal from office on grounds of dereliction of duty. To these we could add the many suspicious incidents that indicate covered up crimes by federal agents, including the suspicious deaths of persons suspected of being knowledgeable of wrongdoing by the president or others in the executive branch, or its contractors.

The impeachment and removal process should be a debate on the entire field of proven and suspected misconduct by federal officials and agents under this president, and if judged to have been excessive by reasonable standards, to be grounds for removal, even if direct complicity cannot be shown.

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Posted by editor on Monday, October 05 @ 04:22:36 MST (610 reads)
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 Vetting Form to the Nothampton Commonwealth Attorney Failure!!!

UARF FOIA Advisory Council . .Vetting the Virginia Freedom of Information Advisory Council Failed

Vetting the Northampton County Commonwealth Attorney Failed!!!!

Northampton County Commonwealth Attorney Failed to Respond to HCN Vetting Form that Requests to Inspect Documents that Relates to the Commonwealth Attorney's Conflicts of Interests

What Conflicts Does He Have to Hide?

Why Is He Violating the Law?

Guess We will have to wait until they go to court and tell the judge what they failed to respond to the request for documents as required by law to find out.

That is what Doug Buckley told HCN we we asked him about the 42 page vetting form that was sent to the members and has gone unanswered.  Some of the questions that were asked;

 Please confirm or deny that you have you ever used, or have you ever been known by, any other name INCLUDING ANY ENTITY that the Code of Virginia defines as a person? Yes[ ] No[ ] If yes, provide name(s) with supporting DOCUMENTS or in the alternative an index of documents (Va Code 42.1-86 / 2.2-3404.01) )and explain;

Agency description of position/job including duties / responsibilities/ and qualifications [1] you currently hold and/or seeking. Provide supporting documents;

Offices and Directorships: Confirm or deny that you or a member of your immediate family are a paid officer or paid director of a business? EITHER check NO [ ] OR check YES [ ] and if yes, provide name(s) with supporting DOCUMENTS;

Securities: Confirm or deny that you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $1,000 invested in one business? Account for mutual funds, limited partnerships and trusts. EITHER check NO [ ] OR check YES [ ] and and provide supporting documents

To see the full request that was sent to the Council members

To see the instruction for replying to the FOIA request you received from HelpCom.Net, LLC.

 

 

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Posted by editor on Thursday, October 01 @ 16:15:42 MST (1013 reads)
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Tell Us About the Horrors of Your Divorce

the horrors you faced in family court

Tell us about the horrors you faced in family court.   Tell us about the problems you had with property settlement, child support, alimony   and custody issues as it related to your separation or divorce.  

A fit parent''s right to his children and a person''s right to private property are two of the oldest-recognized natural or unalienable rights.  These rights protect individuals from government intrusion in their most intimate relationships (parent-child) and possessions (home).  They preserve the sanctity of the family and the home.
 
Unfortunately, the American family and the American home are both under government assault.  When the United States Supreme Court announced its Kelo decision just a few years ago, the public suddenly realized government has almost unbridled power to take their homes.  The public did not realize government has even greater power to take their children.  Because the United States Supreme Court (or any federal court) rarely hears family law cases, these cases get very little public or national attention, such as the Kelo case received.  With very little public scrutiny, family courts have slowly chipped away at parental rights to the point where these once-sacred rights are now nothing more than a mere government-privilege.  Parents often see their children only as much as a judge will permit and make child-rearing decisions only to the extent a judge allows.
 
The Fifth and Fourteenth Amendments of the United States Constitution undoubtedly protect the rights to life, liberty, and property, including parental rights.  While all courts admit the Fourteenth Amendment protects parental rights, they typically follow this admission by dismantling or ignoring this right.  Each parent has equal rights to their child, yet courts routinely reduce one parent to a mere visitor in their child''s life.  Courts are now the largest cause of fatherlessness (and sometimes motherlessness) in America.
 
As it now stands, a parent''s right to his or her children (supposed "fundamental" or natural rights) are subject to the whim of the child''s other parent and the unfettered discretion of a single judge.  If one spouse chooses to exit the marriage, a judge then decides how much time each parent may see the child.  Instead of recognizing the equal rights of each parent, judges generally issue lopsided custody orders which allow the child to see one parent for only 20%-30% of the child''s life.  The typical every other weekend scenario removes the non-custodial parent from their child''s life for nearly 80% of the child''s life--all in the "best interests of the child."
 
Unbeknownst to many, the state has great incentive to separate a parent and child.  Under Title IV(D) of the Social Security Act, the state receives federal money based on the creation of a non-custodial parent and the number of child support dollars that flow through the state''s courts.  The longer the state keeps the child from one parent, the more child support the non-custodial parent must pay and thus the more federal money the state gets.
 
This situation is not only perverse and immoral but also unconstitutional.  Two, fit parents have equal rights to their children.  Most importantly, children have a fundamental right to a meaningful relationship with each parent.  Yet, family courts have converted children into a mere creature of the state which now decides the relationship the child may have with each parent, despite the fact that both parents may be fit and pose no threat of harm to the child. 
 
If you have experienced the horrors of family court, please contact us at general.counsel@uarf.us .  We are compiling data for research purposes and are looking into taking action to stop the family court''s impermissible intrusion into the American family, as well as the family courts'' destruction of the United States Constitution.

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Mission Statement

Mission Statement

About The Unalienable Rights Foundation

The Unalienable Rights Foundation focuses on promoting good government practices: designating officials who sacrifice the common good to special interests. We will help Americans to shine a light on those who betray the public trust:

If a public official misuses his position to demand campaign contributions, the Foundation will find creative ways to seek civil remedies.
If a witness is threatened or punished because he/she reported official misconduct, the Foundation will fight back on behalf of the witness.
If a government agency withholds information to which the public is entitled, the Foundation will help enforce legal rules regarding disclosure.
If a group libels an honest public servant, the Foundation will help the victim defend his reputation.

The Foundation will seize opportunities like these, bringing high-impact public exposures of evil doers. The majority of our reports and stories will focus on real people and their stories about the lack of government integrity. Not only do these people need and deserve our support, their stories can serve as powerful tools to seize public attention and move public opinion.

The Foundation will work with the press, government investigators, and other public interest groups to make sure that these peoples'' stories are heard. In the process, Foundation will build a non-partisan investigative alliance that transcends specific issues. Our aim is to encourage officials to be open about their values and to act based upon their honest and best assessment of the public interest.

As we do this, over time Foundation will develop a network of public interest groups, sympathetic government investigators and media contacts ... a far-reaching, more mainstream version of the conservative league of individuals that has been so effective. We will work with that network to focus public attention on government integrity and to educate the public about dishonest or disingenuous government officials. If history is any indication, this type of network can have a substantial impact on public opinion.

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Saturday, September 12
· HCN Serves the Virginia Beach Fire Dept.. FOIA
Tuesday, August 11
· The Unalienable Rights Foundation ~ Nominations of the Following Individuals
Tuesday, August 04
· Illegal separate emoluments or privileges for Judges and Lawyers
Monday, August 03
· Are Ivy League Law Schools Anti-Christian
Sunday, April 19
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Friday, April 17
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Wednesday, March 18
· UARF Offers FOIA Course
Friday, November 07
· UARF's Josh Thompson's Letter to Virginia Beach Mayor Sessoms, Do you want UARF
Monday, September 22
· James Madison: A Life Reconsidered
Friday, September 05
· President is [b]ound to resist force by force.
Friday, August 15
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Thursday, August 07
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Thursday, July 10
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Wednesday, July 09
· The Unalienable Rights Foundation Admonishes COSETO
Tuesday, July 01
· 2014 Annual Supreme Court Round UP
Thursday, June 26
· Who in Northampton County Govt. Forged Public Records?
Tuesday, June 10
· Will Virginia's Unalienable Rights Foundation sue Northampton County
Friday, May 16
· The Clean Air Act Framework that Preserves ''States' Rights''
Wednesday, May 07
· Age of Enlightenment, History of liberalism and French Revolution
Wednesday, April 23
· What is a Public Record
Tuesday, April 22
· "Campaign Finance Reform" a discussion by George F. Will
Friday, April 11
· Executive Branch Review Conference ~ Federalist Society
· How to ''impeach'' the Northampton County Board of Supervisors
Thursday, April 03
· THE PERPETUATION OF RESIDENTIAL RACIAL SEGREGATION
Friday, March 28
· Second Annual Executive Branch Review Conference
Tuesday, March 25
· Antonin on the Separation of Powers
Saturday, March 22
· FTC amicus brief in Batman v. Facebook
Wednesday, March 19
· ARE WE LOSING THE RIGHT TO THE CIVIL JURY TRIAL?
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Sunday, March 16
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