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 Do judges believe . . . there is no need for the law to be followed

Editor UnAlienable Rights . . . there is no need for the law to be followed. All that the lawyers, judges/courts and government officials need to do to reach/achieve their politically correct agendas is rely on or create self-serving empirical research, not the law, to reach their politically correct social engineering agendas, not the law.

. . . there is no need for the law to be followed.  All that the lawyers, judges/courts and government officials need to do to reach/achieve their politically correct agendas is rely on or create self-serving empirical research****, not the law, to reach their politically correct social engineering agendas, not the law.

Many of us ask how can courts/judges and government officials, do what they do, say what they say when the plain language/words of the laws/promulgations they have sworn to follow say otherwise.

The answer lays in the mind set [political correctness (PC)] of the institutions in which [1] the judges get their legal education and [2] PC directives government officials follow, that are passed on to them from the executives/managers above them.

This, I believe, can be illustrated in an exchange of emails between the then moderator [**Professor Patrick Randolph (of blessed memory), University of Missouri, Kansas City] of the **DIRT discussion group and Jack Rooney, Esq., one of the members of that group.

In November of 2009 Rooney wrote Randolph;

The ABA Real Prop Journal for Summer 2009 has arrived. It contains a detailed discussion of property courses. Courses are going lighter on transactions while bar exams and actual practice are 'heavy' on transactions. Breaking news?

Randolph’s response to the Rooney post;

[A]s a Property Law Professor myself, reviewing the chatter going on among other (mostly younger) profs at other schools, I would say that the only reason that transactions are covered at all in most schools is that the teachers, who really are sociologists or economists or anthropologists disguised as law professors, feel pressured to give some lip service to the fact that their students have come to study for law practice.

They feel no personal interest in transactions issues, and the pressure they feel goes only so far.

Huge amounts of time are spent on takings theory, meanings of ownership in society, use regulation for environmental considerations, theories of distributive justice, nationally and internationally, etc. etc.

This commentator wrote the Professor;

[A]nd I ask why do you see [I agree] the new law school professors being sociologists or economists or anthropologists disguised as law professors?

To which the Professor replied:

It is the trend in the major schools to higher JD/PHd's because they appear to feel that empirical research**** will more adequately back up the policy conclusions reached in law review articles. In fact the Northwestern Dean has declared that he believes no major law school will hire faculty today without PHD's. He certainly won't.

And there it is in a nut shell, there is no need for the law to be followed.  All that the lawyers, judges/courts and government officials need to do to reach/achieve their politically correct agendas is rely on or create self-serving empirical research****, not the law, to reach their politically correct social engineering agendas, not the law.


Posted by david on Monday, February 25 @ 07:15:44 MST (4854 reads)
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 The Common Man Defends Due Process, Not Government

Editor UnAlienable Rights

The bullet in the hands of common men defends and protects due process, not bullets solely in the hands of the government.

David M. Lindsey, President, The Unalienable Rights Foundation



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Posted by david on Friday, January 11 @ 06:01:25 MST (1495 reads)
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 Was 1776 a Revolt

Editor UnAlienable Rights

Was 1776 a Revolt 

I suggest that the answer in found in contract law and the organic laws of England - the Charters of Liberties.

The Charta de Foresta is the source of the learned reader and he lets not pass any syllable of this Law in respect to the Excellency of the matter.

Once one reads these sources and the relates them to the obligations taken upon the Sacred Volume of Law by those Holden under the obligations and penalties of both can they understand it was not a rebellion - it was no more than that of holding one to the accountability of his obligations. 

The Declaration of Independence clearly sets this out

The King had pledged that he would not wrong, cheat or defraud nor would he supplant people in their lawful undertakings.

 As he failed to honor that obligation Washington, and the others sought to have him honor the same.

 Its just that simple.

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Posted by david on Thursday, December 10 @ 07:47:32 MST (1257 reads)
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 Stop obsessing over the color of elected officials' skin

Editor UnAlienable RightsWhen PEOPLE, BLACK AND WHITE, begin to stop obsessing over the color of elected officials' skin and pay more attention to their ethics and morals we can begin to fix most of what is wrong with government.

Posted by david on Thursday, October 08 @ 20:14:36 MST (1914 reads)
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 "the right to be left alone"

Editor UnAlienable Rights

"the right to be left alone"



Supreme Court justice Louis D. Brandeis suggested that the most important right protected by the Constitution is the "right to be left alone"


Posted by MultumInParvo on Wednesday, July 08 @ 05:50:02 MST (1044 reads)
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 Liberality is not giving much but giving wisely

Editor UnAlienable Rights Liberality is not giving much but giving wisely. Poor Richard

Posted by MultumInParvo on Sunday, June 28 @ 07:30:10 MST (1224 reads)
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 Abridgment of the freedom of the people by gradual and silent encroachments of t

Editor UnAlienable Rights“I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.”–James Madison

Posted by david on Sunday, June 14 @ 10:49:42 MST (1486 reads)
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 Who Is Not Qualified to be Virginia's Attorney General

Editor UnAlienable Rights The problem Virginia has with Attorney Generals is once they are elected to office they start their run for the Governorship

The problem Virginia has with Attorney Generals is once they are elected to office they start their run for the Governorship. They fail to do the right thing by Virginia. They fail to sue in federal court to stop the over reach of the federal government [FED] into state affairs and rights. they fail to defend the state's rights under the 10th amendment of the U.S. Constitution, the are to busy trying to become the governor, party chair, or U.S. Senator.

The Constitution of the United States of America

10th Amendment

Powers Reserved to States or People. -- The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. U.S. Constitution U.S. Con. 10th Amd. (1791).

I can not say why they do this, but they do. Both candidates running for AG promise to be a different kind of AG.  Time will tell.

Neither candidate has addressed states' rights nor what they are going to do to defend Virginia from an over reaching federal government.  They have not said what is their plan to enforce the 10 amendment.  Before we cast our vote for either of these two men they need to tell us what they are going to do to protect this Commonwealth from the federal government.  They need to tell us how the intend to protect Virginia's sovereignty. Until they do this they can not be considered qualified to be Virginia's Attorney General.

The AG's power to protect and defend Virginia from the FED in found in Virginia law.  The Code of Virginia clearly addresses this power:

§ 2.2-513. Counsel for Commonwealth in federal matters. — The Attorney General shall represent the interests of the Commonwealth, its departments, boards, institutions and commissions in matters before or controversies with the officers and several departments of the government of the United States. (Code 1950, § 2-91; 1966, c. 677, § 2.1-126; 2001, c. 844.) Virginia Code § 2.2-513.

Article III, Sec. 2. of the U.S. Con. gives the AG the authority to sue the FED for over reaching its authority as set out in the 10th amendment. 

The Constitution of the United States of America

Article 3

Section 2. Jurisdiction. -- The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;-to all cases affecting ambassadors, other public ministers and consuls;-to all cases of admiralty and maritime jurisdiction;-to controversies to which the United States shall be a party;-to controversies between two or more states;-between a state and citizens of another state; -between citizens of different states; -between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. U.S. Constitution U.S. Con. Art. 3, § 2 (1789).

Before you casting your vote this fall for the Commonwealth's next Attorney General forget the party affiliation of the candidate.   Ask yourself which of the candidates has expressed what he is going to do to protect and defend Virginia from the unauthorized exertion of power over its affairs by the FED. Ask what the candidate has told you he is going to do to protect the commonwealth and you from the FED.  The AG is the state's chief law enforcement officer.  If the candidate does not have an answer on how he is going to go about protecting the state and you he is not the right person.

Now the major question that begs an answer from the candidates.  What current laws of the U.S. exceeds the FED power to set dominion over the states, over Virginia. I know of many do they know of any.  If they can not or do not tell us what actions the FED had taken to illegally deny the Commonwealth its solemn, sacred sovereignty, its domain and what they are going to do to prevent and correct those illegal acts they are not qualified to be Virginia's AG.

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Posted by david on Saturday, June 13 @ 05:53:16 MST (1152 reads)
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 The cause of most of your problems is you

Editor UnAlienable Rights"If you could kick the person in the pants responsible for most of your trouble, you wouldn't sit for a month." -- Theodore Roosevelt

Posted by david on Friday, June 12 @ 16:11:53 MST (1597 reads)
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 Memorial Day - A reflection

Editor UnAlienable Rights

LINCOLN'S GETTYSBURG ADDRESS is perhaps the most reflective tribute ever made to honor the memory and purpose of the sacrifice of America's war dead: 

Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we can not dedicate -- we can not consecrate -- we can not hallow -- this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth.

As we celebrate memorial day and reflect upon all that that people attach to it we should remember it humble but august roots. 

Memorial Day, originally called Decoration Day, is a day of remembrance for those who have died in our nation's service. There are many stories as to its actual beginnings, with over two dozen cities and towns laying claim to being the birthplace of Memorial Day. There is also evidence that organized women's groups in the South were decorating graves before the end of the Civil War: a hymn published in 1867, "Kneel Where Our Loves are Sleeping" by Nella L. Sweet carried the dedication "To The Ladies of the South who are Decorating the Graves of the Confederate Dead" (Source: Duke University's Historic American Sheet Music, 1850-1920). While Waterloo N.Y. was officially declared the birthplace of Memorial Day by President Lyndon Johnson in May 1966, it's difficult to prove conclusively the origins of the day. It is more likely that it had many separate beginnings; each of those towns and every planned or spontaneous gathering of people to honor the war dead in the 1860's tapped into the general human need to honor our dead, each contributed honorably to the growing movement that culminated in Gen Logan giving his official proclamation in 1868. It is not important who was the very first, what is important is that Memorial Day was established. Memorial Day is not about division. It is about reconciliation; it is about coming together to honor those who gave their all.

 

Memorial Day was officially proclaimed on 5 May 1868 by General John Logan, national commander of the Grand Army of the Republic, in his General Order No. 11, and was first observed on 30 May 1868, when flowers were placed on the graves of Union and Confederate soldiers at Arlington National Cemetery. The first state to officially recognize the holiday was New York in 1873. By 1890 it was recognized by all of the northern states. The South refused to acknowledge the day, honoring their dead on separate days until after World War I (when the holiday changed from honoring just those who died fighting in the Civil War to honoring Americans who died fighting in any war). It is now celebrated in almost every State on the last Monday in May (passed by Congress with the National Holiday Act of 1971 (P.L. 90 - 363) to ensure a three day weekend for Federal holidays), though several southern states have an additional separate day for honoring the Confederate war dead: January 19 in Texas, April 26 in Alabama, Florida, Georgia, and Mississippi; May 10 in South Carolina; and June 3 (Jefferson Davis' birthday) in Louisiana and Tennessee.

In 1915, inspired by the poem "In Flanders Fields," Moina Michael replied with her own poem:

We cherish too, the Poppy red
That grows on fields where valor led,
It seems to signal to the skies
That blood of heroes never dies.

She then conceived of an idea to wear red poppies on Memorial day in honor of those who died serving the nation during war. She was the first to wear one, and sold poppies to her friends and co-workers with the money going to benefit servicemen in need. Later a Madam Guerin from France was visiting the United States and learned of this new custom started by Ms.Michael and when she returned to France, made artificial red poppies to raise money for war orphaned children and widowed women. This tradition spread to other countries. In 1921, the Franco-American Children's League sold poppies nationally to benefit war orphans of France and Belgium. The League disbanded a year later and Madam Guerin approached the VFW for help. Shortly before Memorial Day in 1922 the VFW became the first veterans' organization to nationally sell poppies. Two years later their "Buddy" Poppy program was selling artificial poppies made by disabled veterans. In 1948 the US Post Office honored Ms Michael for her role in founding the National Poppy movement by issuing a red 3 cent postage stamp with her likeness on it.

Traditional observance of Memorial day has diminished over the years. Many Americans nowadays have forgotten the meaning and traditions of Memorial Day. At many cemeteries, the graves of the fallen are increasingly ignored, neglected. Most people no longer remember the proper flag etiquette for the day. While there are towns and cities that still hold Memorial Day parades, many have not held a parade in decades. Some people think the day is for honoring any and all dead, and not just those fallen in service to our country.

D.'.M.'.L .'.


Posted by david on Monday, May 25 @ 09:40:52 MST (1073 reads)
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