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Archive for May, 2013


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HOW SOME STATES DID NOT LEGALLY RATIFY THE 16TH AMENDMENT

http://www.givemeliberty.org/features/taxes/notratified.htm

Bill Benson’s findings, published in “The Law That Never Was,” make a convincing case that the 16th amendment was not legally ratified and that Secretary of State Philander Knox was not merely in error, but committed fraud when he declared it ratified in February 1913. What follows is a summary of some of the major findings for many of the states, showing that their ratifications were not legal and should not have been counted.

The 16th amendment had been sent out in 1909 to the state governors for ratification by the state legislatures after having been passed by Congress. There were 48 states at that time, and three-fourths, or 36, of them were required to give their approval in order for it to be ratified. The process took almost the whole term of the Taft administration, from 1909 to 1913.

Philander Knox

Philander Knox

Knox had received responses from 42 states when he declared the 16th amendment ratified on February 25, 1913, just a few days before leaving office to make way for the administration of Woodrow Wilson. Knox acknowledged that four of those states (Utah, Conn, R.I. and N.H.) had rejected it, and he counted 38 states as having approved it. We will now examine some of the key evidence Bill Benson found regarding the approval of the amendment in many of those states.

In Kentucky, the legislature acted on the amendment without even having received it from the governor (the governor of each state was to transmit the proposed amendment to the state legislature). The version of the amendment that the Kentucky legislature made up and acted upon omitted the words “on income” from the text, so they weren’t even voting on an income tax! When they straightened that out (with the help of the governor), the Kentucky senate rejected the amendment. Yet Philander Knox counted Kentucky as approving it!

In Oklahoma, the legislature changed the wording of the amendment so that its meaning was virtually the opposite of what was intended by Congress, and this was the version they sent back to Knox. Yet Knox counted Oklahoma as approving it, despite a memo from his chief legal counsel, Reuben Clark, that states were not allowed to change it in any way.

Attorneys who have studied the subject have agreed that Kentucky and Oklahoma should not have been counted as approvals by Philander Knox, and, moreover, if any state could be shown to have violated its own state constitution or laws in its approval process, then that state’s approval would have to be thrown out. That gets us past the “presumptive conclusion” argument, which says that the actions of an executive official cannot be judged by a court, and admits that Knox could be wrong.

If we subtract Kentucky and Oklahoma from the 38 approvals above, the count of valid approvals falls to 36, the exact number needed for ratification. If any more states can be shown to have had invalid approvals, the 16th amendment must be regarded as null and void.

The state constitution of Tennessee prohibited the state legislature from acting on any proposed amendment to the U.S. Constitution sent by Congress until after the next election of state legislators. The intent, of course, is to give the proposed amendment a chance to become an issue in the state legislative elections so that the people can have a voice in determining the outcome. It also provides a cooling off period to reduce the tendency to approve an idea just because it happens to be the moment’s trend. You’ve probably already guessed that the Tennessee legislature did not hold off on voting for the amendment until after the next election, and you’d be right – they didn’t; hence, they acted upon it illegally before they were authorized to do so. They also violated their own state constitution by failing to read the resolution on three different days as prescribed by Article II, Section 18. These state constitutional violations make their approval of the amendment null and void. Their approval is and was invalid, and it brings the number of approving states down to 35, one less than required for ratification.

Texas and Louisiana violated provisions in their state constitutions prohibiting the legislatures from empowering the federal government with any additional taxing authority. Now the number is down to 33.

Twelve other states, besides Tennessee, violated provisions in their constitutions requiring that a bill be read on three different days before voting on it. This is not a trivial requirement. It allows for a cooling off period; it enables members who may be absent one day to be present on another; it allows for a better familiarity with, and understanding of, the measure under consideration, since some members may not always read a bill or resolution before voting on it (believe it or not!). States violating this procedure were: Mississippi, Ohio, Arkansas, Minnesota, New Mexico, West Virginia, Indiana, Nevada, North Carolina, North Dakota, Colorado, and Illinois. Now the number is reduced to 21 states legally ratifying the amendment.

When Secretary Knox transmitted the proposed amendment to the states, official certified and sealed copies were sent. Likewise, when state results were returned to Knox, it was required that the documents, including the resolution that was actually approved, be properly certified, signed, and sealed by the appropriate official(s). This is no more than any ordinary citizen has to do in filing any legal document, so that it’s authenticity is assured; otherwise it is not acceptable and is meaningless. How much more important it is to authenticate a constitutional amendment! Yet a number of states did not do this, returning uncertified, unsigned, and/or unsealed copies, and did not rectify their negligence even after being reminded and warned by Knox. The most egregious offenders were Ohio, California, Arkansas, Mississippi, and Minnesota – which did not send any copy at all, so Knox could not have known what they even voted on! Since four of these states were already disqualified above, California is now subtracted from the list of valid approvals, reducing it to 20.

These last five states, along with Kentucky and Oklahoma, have particularly strong implications with regard to the fraud charge against Knox, in that he cannot be excused for not knowing they shouldn’t have been counted. Why was he in such a hurry? Why did he not demand that they send proper documentation? They never did.

Further review would make the list dwindle down much more, but with the number down to 20, sixteen fewer than required, this is a suitable place to rest, without getting into the matter of several states whose constitutions limited the taxing authority of their legislatures, which could not give to the federal govern authority they did not have.

The results from the six states Knox had not heard from at the time he made his proclamation do not affect the conclusion that the amendment was not legally ratified. Of those six: two (Virginia and Pennsylvania) he never did hear from, because they ignored the proposed amendment; Florida rejected it; two others (Vermont and Massachusetts) had rejected it much earlier by recorded votes, but, strangely, submitted to the Secretary within a few days of his ratification proclamation that they had passed it (without recorded votes); West Virginia had purportedly approved it at the end of January 1913, but its notification had not yet been received (remember that West Virginia had violated its own constitution, as noted above).

More info:

http://www.thelawthatneverwas.com/

http://www.archives.gov/federal-register/constitution/

http://www.uhuh.com/constitution/am13-pen.htm

http://www.youtube.com/watch?v=Q8VOPEQX8GE

Respectfully submitted by SilenceDogood2010 this Fifteenth Day of May in the Year of our Lord, Two Thousand Thirteen.

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From Grass Roots North Carolina

ColeWithrow

From GRNC   http://www.grnc.org/

Source

Illustrating hypocrisy, a complete absence of judgment, common sense AND knowledge of NC state firearms laws, Johnston County officials have penalized senior high school student and Eagle Scout, Cole Withrow just weeks prior to his graduation with honors.

Was he also caught with illegal drugs or burglary tools? No, these offenses are apparently less-harshly punished. Cole’s transgression was honestly reporting that he had mistakenly left his shotgun in his truck after skeet shooting the day before. What has he received for straight-forwardly admitting his harmless error? Expulsion and a felony charge.

Hypocrisy of selective prosecution on display

Cole may be fortunate that GRNC was able last year to change language in state law that requires firearms must be “knowingly” brought to campus to merit a felony charge. His unintentional error clearly does not meet this standard, and he is being charged and penalized more aggressively than either the law or good sense allows.

Ironically, just over two years ago, at the same school, assistant principal Catherine Bennett mistakenly brought a handgun to school, which stayed in a vehicle on campus for two weeks and was actually found and handled by auto shop students who worked on the vehicle. And what penalty did Bennett suffer? Three days suspension and no criminal charges. In fact, the school’s resource officer, sheriff’s deputy Andy Worley, got two days suspension for trying to hide the crime.

Cole’s predicament is clear illustration of why WE MUST resist ANY new gun control proposals and not rest before current restrictions upon lawfully bearing arms are rescinded.

We need to send a message to the DA, Principal and School Board involved letting them know that North Carolina gun owners will not stand idly by and watch one of their own pilloried by anti-gun zealots misapplying the law to entrap and punish the law-abiding.

IMMEDIATE ACTION REQUIRED!

*** CALL JOHNSTON CO. D.A. SUSAN DOYLE at 919-209-5520 or fax to: 919-934-4380. Her Email is;

Susan.I.Doyle@NCCourts.org

Tell her to dismiss any and all charges against Cole Withrow. You can also contact her via her campaign Facebook page at:

    https://www.facebook.com/pages/Susan-Doyle-for-District-Attorney/370234123935

*** EMAIL PRINCETON HS PRINCIPAL KIRK DENNING & JOHNSTON CO. SCHOOL BOARD: Tell them that their hypocrisy in first expelling Withrow and then, amid national scrutiny, only partially retracting that penalty is particularly vile in view of their light treatment of an assistant principal at the same school whose transgression was considerably worse.

*** CONTRIBUTE TO THE COLE WITHROW LEGAL DEFENSE FUND: GRNC’s non-profit arm, Rights Watch International, has started a legal defense fund to defray legal expenses incurred by the Withrow family. To help out, CLICK HERE or go to: http://rightswatch.org/cole-withrow

Contact Information:

Use the following cut-and-paste email list:

KirkDenning@johnston.k12.nc.us,
larrystrickland@johnston.k12.nc.us,
dorothyjohnson@johnston.k12.nc.us,
white_donnam@hotmail.com,
butlerhall@johnston.k12.nc.us,
keithbranch@allstate.com,
psmith@campbell.edu,
pwooten883@aol.com

DELIVER THIS MESSAGE

Johnston County Officials:

 

The actions of Princeton High administrators, the Johnston County School Board, and the Johnston County District Attorney are stunning for the breadth of their bias, ignorance and hypocrisy.

 

First, you expelled Eagle Scout David Cole Withrow and had him charged with felony violation of G.S. 14-269.2 despite the fact that a change made by Grass Roots North Carolina to the law, effective December 1, 2011, requires that the violation occur “knowingly,” which is clearly not the case with Withrow’s accidental transgression.

 

Then your representative, Tracey Peedin Jones, had the gall to say: “[The] administration reacted promptly and the proper procedures and protocol were followed.”

 

Really? Were “proper procedures” followed in March of 2011, when it was discovered that Assistant Principal Catherine Bennett brought a handgun to school in her vehicle, which sat on educational property for two weeks, during which time it was actually handled by students? Or rather did School Resource Officer Andy Worley attempt to hide the crime — a transgression for which he was suspended for two days?

 

Did you fire Bennett? Was she charged with a felony? We both know the answer to both questions is “no.”

 

Despite the tortured legal rationalization given by Johnston Sheriff Steve Bizzell, the only individual truly guilty of committing a felony is Bennett: Her transgression occurred nine months prior to our change in the law (House Bill 650, which became Session Law 2011-268, effective December 1, 2011), meaning that because “knowingly” had not yet been inserted into the law, she is guilty of — and can be prosecuted for — a Class I felony.

 

So now, under national scrutiny, you relent to allow Withrow to graduate, albeit after being stigmatized by schooling and graduation absent the reward of enjoying, with his peers, an accolade he earned.

 

Big deal. What you propose is not nearly enough to compensate Cole Withrow for staining his life forever. Here is what decency demands:

 

    Immediately re-admit David Cole Withrow to Princeton High School and allow him to graduate with full honors in accordance with what he has earned;

 

    Immediately drop all criminal charges and apologize to the Withrow family for maliciously mis-interpreting the law;

 

    Make a financial settlement to the Withrow family for the legal expenses and pain and suffering you have cost them;

 

    Immediately fire Catherine Bennett from her position at Princeton High School, or any other Johnston County School position, and begin proper procedures for charging her with felony violation of N.C.G.S. 14-269.2, since she is still within the statute of limitations (if any) for prosecution.

 

I do thank you, however, for demonstrating so clearly why the current prohibition on guns on educational property needs to be repealed: If we rely on “prosecutorial discretion,” the result is that Eagle Scouts get prosecuted, and their lives ruined, while “insiders” like Bennett go free.

 

Respectfully,

On a separate note , a local sign and print shop has bumper stickers. If you’d like one, here’s the info;

 

Click to view full size image.

Click to view full size image.

 

 

Express Sign & Design of Micro

104 E Fayettville St.

Micro, North Carolina 27555

Phone   (919) 502-9590

Email    sign4sale@aol.com

Facebook Page
https://www.facebook.com/ExpressSignDesignOfMicro

      

Respectfully submitted by SilenceDogood2010 this Third Day of May in the Year of our Lord, Two Thousand Thirteen.

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