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truedelphi

truedelphi's Journal
truedelphi's Journal
July 25, 2013

What it means that we are not a nation of laws -

At its most basic level, what this means is that "the common law" has been legislated away, or simply destroyed by lack of enforcement of law for the sake of the commons. (And thus, for us individual citizens.)

When both the MERS scandal and the LIBOR scandal resulted in a lukewater response by our judicial system, it became clear that our nation is now a fascist state.

Scribble a few chalk messages on a sidewalk, and you will be almost immediately be arrested and tried. (Luckily that guy's jury had a lot of "common" snese.) But totally scam the individual households for whom the banking system presumably, supposedly is set up, and Oh, Yawn, what can a national court system do?

After all, Too Big To Fail Is Also Too Big To Jail.


From Black's Law Dictionary:
Common law. As distinguished from law created by
the enactment of legislatures, the common law com­
prises the body of those principles and rules of action,
relating to the government and security of persons
and property, which derive their authority solely from
usages and customs of immemorial antiquity, or from
the judgments and decrees of the courts recognizing,
affirming, and enforcing such usages and customs;
and, in this sense, particularly the ancient unwritten
law of England. The "common law" is all the statu­a-
tory and case law background of England and the
American colonies before the American revolution.

People v. Rehman, 253 C.A.2d 1 19, 61 Cal.Rptr. 65,
85. "Common law" consists of those principles, us­
age and rules of action applicable to government and
security of persons and property which do not rest
for their authority upon any express and positive
declaration of the will of the legislature. Bishop v. U.
S., D.C.Tex., 334 F.Supp. 415, 418.

As distinguished from ecclesiastical law, it is the
system of jurisprudence administered by the purely
secular tribunals.
Calif. Civil Code, Section 22.2, provides that the
"common law of England, so far as it is not repug­
nant to or inconsistent with the Constitution of the
United States; or the Constitution or laws of this
State, is the rule of decision in all the courts of this
State."
In a broad sense, "common law" may designate all
that part of the positive law, juristic theory, and
ancient custom of any state or nation which is of
general and universal application, thus marking off
special or local rules or customs.
For "Federal common law," see that title.
As a compound adjective "common-law" is under­
stood as contrasted with or opposed to "statutory,"
and sometimes also to "equitable" or to "criminal."

July 23, 2013

NSA revelations help CryptoCat and DuckDuckGo --

Apparently there are some consequences from average everyday users, for the Big Corporations that went along so willingly with the government's demand that the NSA gets to snoop:

Christopher Shoup, a college student from Victorville, Calif., has been encouraging friends to converse on Cryptocat, a private messaging program that promises users they can chat "without revealing messages to a third party." Shoup isn't worried that his own behavior could draw scrutiny, but said the mere idea that the government could retrieve his personal communications "bothers me as an American."

"I don't think I should have to worry," he said.

Cryptocat said it nearly doubled its number of users in two days after Snowden revealed himself as the source of leaks about the NSA's programs. Two search engine companies billed as alternatives to Google, Bing and Yahoo are also reporting significant surges in use.

DuckDuckGo and Ixquick both promise they don't collect data from users or filter results based on previous history. DuckDuckGo went from 1.8 million searches per day to more than 3 million per day the week after the NSA revelations came to light. Ixquick and sister site Startpage have gone from 2.8 million searches per day to more than 4 million.

- See more at: http://www.mauiweekly.com/page/content.detail/id/345734/NSA-revelations-reframe-digital-life-for-some-.html?isap=1&nav=5045#sthash.VzCQYXeQ.dpuf

July 22, 2013

Three Italian Ministries Vote to Out Law Monsanto GM Maize

I sure wish someone in US Congress would become the "Elizabeth Warren of Agriculture," and start opposing the stuff here in the states.

http://www.reuters.com/article/2013/07/12/us-italy-gmo-idUSBRE96B0OS20130712

The ban was also signed off by the health and environment ministries, with the agriculture ministry citing the crop's "negative impact on biodiversity".

"Our agriculture is based on biodiversity, on quality, and those we must continue to aim for, without games that even from an economic point of view would not make us competitive," the ministry said.

The ministry said it had already notified the European Commission and other states in the European Union of the move.

July 20, 2013

NSA proves the point of this 1954 quote:

“Today the path of total dictatorship in the United States can be laid by strictly legal means, unseen and unheard by the Congress, the President, or the people. Outwardly we have a Constitutional government. We have operating within our government and political system, another body representing another form of government – a bureaucratic elite.”

Senator William Jenner, 1954

All of the various alphabet agencies are also contributers to this dictatorship.

July 20, 2013

Can anyone here describe how to utilize a Honda generator to

Provide power to my household?

When it is hot here in No California, often there are power blackouts. We are now considering buying a Honda generator, so that we can at least keep the lights on and the fridge, computers and phone lines up. (We lose the phone when the power goes out.)

The business we run depends heavily on the phone. A single day without power means we can lose as much as $ 175.

It also seems that you can purchase two generators and run them in series.

Here is one link to the type of generator we are considering.
http://www.electricgeneratordepot.com/honda-super-quiet-light-weight-inverter-2000w-120v-fuel-efficient-generator-with-parallel-capability-and-oil-alert


Of course, thoughts on how to also have AC would be wonderful, but that might have to be sacrificed, as the AC/heating unit has a huge motor.

July 18, 2013

Big Private Prison Industry hates the idea. But $15 Billion a year would

Be saved, if a sane society would consider the information at this source, and stop jailing cannabis smokers, sellers and distributors:

http://www.policymic.com/articles/54803/this-is-how-much-marijuana-prohibition-costs-you-the-taxpayer

July 16, 2013

Another SCOTUS give away to Big Corporations -

So once again, the Supreme Court does the bidding of Its Real Masters, just as it is supposed to do.

I mean, why in the world do mere citizens, er, non-Big non-Corporate Persons, feel they have the right to sue for damages when some unreasonably dangerous generic drugs disfigure, injure and even kill them? Do American citizens still think they are people, or something?

Good thing our Supreme Court can set them straight!


http://www.bradblog.com/?p=10093

From the article: Amidst the understandable sound and fury of the U.S. Supreme Court's recent decisions on marriage equality and their activist zeal to gut the Voting Rights Act in their determination to legislate from the bench that which is specifically mandated by the Constitution to be legislated by Congress, a number of their other end-of-term decisions managed to fly largely beneath the radar.


One of those decisions came late last month when the five right-wing members of the Court ruled that citizens who are severely injured, maimed or even killed by FDA-approved --- but unreasonably dangerous --- generic prescription drugs, have no right to seek compensation from the giant pharmaceutical companies which manufacture and market them to unsuspecting consumers
(SNIP)

The rationale (or what cynics might describe as the "sophistry&quot the Court applied to shield Big Pharma from having to pay damages for catastrophic injuries wrought by unreasonably dangerous generic drugs is derived from the legal concept of preemption --- a doctrine that is based upon the Constitutional limits placed upon the power of the individual states by the Supremacy Clause: That portion of our founding document that declares the "Constitution and the laws of the United States...shall be the supreme law of the land." Just as an Act of Congress becomes null and void if the Court determines that it is unconstitutional, when the Court determines that a state law has been preempted by a federal statute, the state law is deemed null and void.

Critical issues in preemption cases center upon the intent of Congress and whether state laws conflict with the federal statutory scheme. Historically, our courts have presumed that Congress did not intend to preempt state laws that were enacted pursuant to a state's "police power" --- the phrase used to describe laws that promote the health, safety, or welfare of a state's citizens or its communities. Indeed, when it comes to state police powers, Congress often enacts laws that are intended to supplement a state's exercise of those powers.

READ THE FULL PIECE AT LINK ABOVE:

July 13, 2013

Thank you so much, Pres Fracking Obama, and Thank You also

Former Secretary of State Hillary "Fracker" Clinton, and thank you also former Pennsylvania governor, Ed "Frack Up" Rendell

Shame on you, you Friggin' frackers. Shame on you for reining in the EPA, depriving the mid-level EPA workers from an ability to do their jobs and help local families and stop the fracking. SHAME AND MORE SHAME AND

[h2][font color=red]HOW THE HELL DO YOU FRIGGING FRACKERS SLEEP![/h2][/font color=red]

You see, for a while I was seriously worried that I would not, in my lifetime, ever know what it was like to be an American Plains Indian, circa 1865 to 1899. That there would never be a time in my life when I saw the future and that future included the hideous and total end of America's eco-system, including our ability to enjoy, for posterity, our drinking water.

Josh Fox has brought forth the second part of his fine documentary series, "Gaslands." The future that Part II of "Gaslands" shows us is not a pleasant one, and it raises a nightmarish scenario of public officials, on the very local, state and Federal level, who have all been bought and paid for, and who are so deeply tied into the profit margins of their buddies in BI g Energy firms that they have rigged the EPA's upper management to the point that the agency will no longer protect Us Americans..

And now I know that the eco system will be bartered away. People across the USA are losing their drinking water, their eco-system, and the normal life they have had for decades.

Even here in California the state of California officials (at the state level) tell us that they don't know how to legally set up boundaries between the greed of those in the natural gas industry and the protections needed by our eco system if it is going to remain a viable, water providing resource.

Like who will protect the Wyoming family that shows Josh Fox how there are now chemicals in their irrigation system that are only present in the contaminated areas where fracking has occurred? With fracking processes, over 500 chemicals are applied to the fracking mixture, many of them dangerous to human health, and then there is the fact that fracking also includes utilizing and polluting millions of gallons of water per well, and the result is appalling.

Are any DU'ers reading this thinking, "Where do I sign up - I'd really love some strontium and benzene in my family's water?" How does any one family restore their water, and their crops and their trees and remove the damage to their health from the air pollution etc, after fracking processes and the gas wells have been pockmarking the landscape around the home and the crops? Who helps such a family?

Anyway the move Gasland II has a plot. I won't be a spoiler, so please watch for yourselves. HBO has it "ON Demand" for anyone who subscribes to HBO.

But as sad a story as this tragedy is, I am reminded by "Gaslands" of a cartoon character who at this point I would gladly see replace Michell Obama in the WH. When the local nuke plant is polluting the water of Springfield, CartoonLand USA, Marge Simpson invites Mr Burns, the owner of the nuke plant over to their home. And although Burns has sworn up and down that the townspeople are worry warts and that there is simply no need to worry about the quality of the drinking water near the cooling towers, the final scene in that cartoon is noteworthy.

Unlike me, Marge Simpson does not get on a soap box. But she does take action. All she does while Mr Burns visits is serve him up, for dinner, the three-eyed fish someone had caught near the Cooling Towers Pond. And Burns at first is eager to dig into it, and then he realizes what this really means if he eats it, and...

July 10, 2013

An American "D" President Rants and Raves about Social Security and HC

And he lets the audience understand that every country in Europe offers free health care for its seniors.

http://www.youtube.com/watch?feature=endscreen&v=-ILqHSH4X_w&NR=1

July 9, 2013

Monsanto's Huge Role in The Trans Pacific Plan

Apparently one of the top "advisers" for this "free trade agreement" happens to hold connections to Monsanto.

This informative article is brand new on the "nation of change" website. It underlines the connections between the GM Big Ag Corporation, Monsanto, and the TPP.

One question: how is it that Obama spent the entire summer of 2009, ducking away from the issue of whether or not the public option would be included in the Health reform Efforts? He continually recited how separation of powers precluded him from developing any sort of bully pulpit on such an important matter. Yet over the past year, Obama has been heavily instrumental in dealing with the shape of this monstrosity of a trade agreement, and heavily involved in shaping up the legal language of the TTP. Some consistency, there, Mr President, would be greatly admired. As well as some transparency (Many of the meetings and discussions related to the TPP are being done in secret.)

This article is a much read if you want to be able to provide healthy and organic food to your family:
http://www.nationofchange.org/trans-pacific-partnership-and-monsanto-1372074730
From, the article linked above:
The chief agricultural negotiator for the US is the former Monsanto lobbyist, Islam Siddique. If ratified the TPP would impose punishing regulations that give multinational corporations unprecedented right to demand taxpayer compensation for policies that corporations deem a barrier to their profits.

There appears not to be a specific agricultural chapter in the TPP. Instead, rules affecting food systems and food safety are woven throughout the text. This agreement is attempting to establish corporations’ rights to skirt domestic courts and laws and sue governments directly with taxpayers paying compensation and fines directly from the treasury.

(Snip)

Legacies of other trade agreements that serve as a warning about the TPP have a history of displacing small farmers and destroying local food economies. Ten years following the passage of NAFTA (North American Free Trade Agreement) 1.5 million Mexican farmers became bankrupt because they could not compete with the highly subsidized US corn entering the Mexican market.

Profile Information

Name: Carol
Gender: Do not display
Hometown: Northern California
Home country: USA
Current location: Office chair
Member since: Sun May 15, 2005, 02:28 PM
Number of posts: 32,324

About truedelphi

I joined DU following the election melt down that produced the second George the Lesser Term of Office. I am outraged by war, by out-sourcing of jobs, by Corporate control of both parties, and enheartened by my fellow citizens who are bravely part of "Occupy!"
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