The Last Opportunity To Take Our Country Back

I’m not a legal expert, just an observer.   The past six months have been nerve racking;  not because of the health care law upheaval of this past week, but because of events of the past ten years and more recent events going back to the passage of the defense funding bill called NDAA.  I wanted to take a very rudimentary look at where we stand with respect to the Bill of Rights, to convince myself that our land of the free has not slipped mightily away from the intent of the founders.  Hopefully I’m not too far off the mark in this hastily written note.

The law of the land, following the SCOTUS ruling last week is that the federal government can compel you to buy a product and will employ the jackbooted IRS to compel you too even enabling the government access to your private and business bank accounts to force payment.   I’d always considered it a natural right NOT to have to buy the product of a shady salesman.  Let’s take a look of the Bill of Rights to see what’s been happening to the rights listed in that vaunted document.

We’ve had freedom of speech slowly eroded: hate speech laws, the latest law giving the secret service the ability to stop any protests in the vicinity of POTUS of vice-POTUS. (This law was used just last week in Washington D.C.).  And, let’s not forget, your free speech, political speech, is now limited in the 30 days before an election!)  This would be related to the 1st Amendment… Poof, gone.

Rumors exist that in the coming weeks, the president will sign the UN Small Arms Treaty.  This will largely eradicate the 2nd Amendment to the Constitution. The 2nd Amendment’s intent was to offer citizens protection from their own government.

As citizens, we now have government spying on us in many ways.  With the health care law, the IRS will have access to all of our financial and health records, our transmittals on the internet are monitored, the administration, states, cities and even colleges employ recording technologies to monitor us without consideration to privacy.  The newest twist is the use of armed drones flying in our skies, observing, waiting, watching.  Folks, that’s related to the 4th Amendment.  Say good bye.

In Kelo v New London, we saw the SCOTUS decide that the confiscation of New London, Ct. residents property for the benefit of a private corporation was valid and an broad expansion of the interpretation of “public use”.    In Hawaii Housing Authority v. Midkiff, the Court upheld a law permitting Hawaii to take and transfer leased land to its lessees. Folks… that last one is called redistribution of wealth, stealing from one to give to another.  Kiss the 5th Amendment good-bye.

The National Defense Authorization Act (NDAA) with provisions for indefinite detention based on the word of one man, the President of the United States.  There goes the 6th Amendment.

Habeas corpus (one of those evil concepts of British Common Law meaning roughly “you must present the person in court”) has been removed with the defense budget (NDAA), the concept of indefinite detention without adjudication or even bail opportunity has been a tenet of American jurisprudence.  Not anymore. It’s amazing that my non-conservative friends rallied behind a certain politician for railing against the Guantanamo incarceration of enemy combatants but don’t say a word about this removal of rights.  This is related to the 4th Amendment too.  Gone.  So goes the 8th Amendment.

We’ve had implicit rights, like the “Right to Privacy” or the “Right to Presumption of Innocence”.  That presumption of innocence, should that concern you and I?  Let’s point back to the NDAA provision for indefinite detention again. Enough said.     It goes without saying that the implicit right to privacy has been severely eroded by the Patient Protection and Affordable Care Act as government will “necessarily” have access to all of your family’s financial records, access to bank accounts, and your health records and support for regulating the what you drink, what you eat, and activities undertaken.  We began waiving good-bye to this amendment with the advance of the information age and, now, the age of terrorism and what I would call the quintessential age of American self-subjugation.

The Constitution defined the limitations of the federal government and her branches.  It explicitly defined the powers of the federal government.   It was meant to protect the sovereignty of the state and the individual.  It conflicts to some degree with the Constitution’s Necessary and Proper clause. The frightening part was foreshadowed in James Madison’s Federalist paper which stated “No axiom is more clearly established in law or in reason than wherever the end is required, the means are authorized; wherever a general power to do a thing is given, every particular power for doing it is included.”  It was controversial back then.  It’s standard belief now even in the Republican party.  That’s the 10th Amendment… Poof.  It’s gone.  Necessary and proper and self-serving ideologues beat her to the ground.

That’s eight of ten of the Bill of Rights basically crumpled away.

Isn’t it strange that we’ve stopped rejoicing in our freedom, our liberty?  Isn’t it strange that those who most embrace subjugation by government for creature comforts are those who believe that they are strong individualists?  Isn’t it strange that personal responsibility has been largely supplanted by the concept that government can acquire our rights and become our caretaker where everything provided is free under the guise of government theft in the enablement of government largesse?

On July 4th, the anniversary of the American Revolution, we commemorate a movement, towards freedom from government intrusion and government theft of our labor.  Isn’t it about time for another movement to free America from her current enslavers to return our God given natural rights – a movement that uses our rights to vote, speak freely, and assemble still remain?

We should heed Sam Adams who said, “It does not take a majority to prevail … but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men.”

November 6 is our last opportunity to take our country back.

Follow me on Twitter @lrihendry

Florida Governor Rick Scott’s “Voting Roll Purge”

Florida Governor Rick Scott is tempting fate—and the wrath of the federal government. What is he doing? He’s simply being patriotic and challenging the Obama administration and Department of Justice’s continuing activities to facilitate voter fraud.

The federal government contends that Governor Scott’s effort at cleansing the voting rolls is discriminatory due to a disproportionate number of minority voters on the first list of suspect voter registrations.

According to Chris Cade of the Florida Dept. of Sate, the number of cases of a legal Florida citizen being removed from the state’s voter registration file is exactly ZERO

If voter all registrations are verified completely, the number of voters from a particular constituency should not matter at all.  If the dead and illegal aliens are removed from the rolls, it makes America safer from election tampering.  Protecting the integrity of voter lists should be a top priority and go on continuously.  The fact that the voter rights act appears to hinder voter verification is problematic and should cause Americans to support an immediate adjustment to that act.

The process that Florida is following compares lists of registered voters against drivers’ license records, state employee rosters and other databases to determine if foreign nationals have illegally registered to vote.  If conflicts are detected, that person will be sent a notification giving them 60 days to provide proof or be stricken from the rolls.

How bad is the problem?  The New American website estimates that Florida alone has removed 53,000 dead people from the voting rolls and, although voting statistics are maintained at the county level, that Florida has upwards of 180,000 registered voters who are illegal immigrants.  They also claim that volunteers are finding a startling quantity of aberrations in the voting rolls including a parking garage that is the residence of 30 registered voters!  The Miami Times reports that approximately 7000 felons have been removed from the voting rolls.

Voting is the life blood of our republic– A sacred responsibility of every citizen.  State and local governments have another sacred responsibility: to assure that elections are honest and reflect only the votes of real legal citizens.  To do otherwise is treasonous.

For those who would argue against this extremely fair and impartial activity, shame on you. As for Rick Scott?  Well, my friend, you are a patriot.

Lori Hendry
@lrihendry

For additional facts about the scope of the voting roll problem and the law behind voter registration in Florida please see Lori’s post:

http://redwhiteandlori.com/blog/?p=54

References:

http://www.dos.state.fl.us

http://www.thenewamerican.com/usnews/politics/item/11564-voter-registration-clean-up-in-florida-%E2%80%94-removing-deceased-voters-and-illegal-immigrants

http://miamitimesonline.com/florida-eliminates-7000-felons-from-voting-rolls/

The Facts behind Florida’s effort to ID and remove non-US citizens from the list of registered voters:

  • Approximately 182,000 potential non-citizens have been identified in a matching process between Florida’s Department of Highway Safety and Motor Vehicle (DHSMV) database and the Florida voter rolls.
  • Of these 182,000 potential non-citizens, 2,600 names have been reviewed by Florida’s Department of State and referred for further investigation to the appropriate county supervisor of elections.  The vast majority of the remaining 179,000+ potential non-citizens are still under review of the Department of State and may yet be referred for further investigation.
  • The department is not aware of any eligible voters being wrongly removed from the voter rolls. Meanwhile, several ineligible voters in multiple counties have responded to this initiative by actually contacting supervisors of elections and requesting to be removed from the rolls.
  • More than 1,100 registered voters in Miami-Dade County alone haven’t even bothered to respond to supervisors of elections asking questions about their citizenship status.
  • A person who willfully submits false voter registration information, including false information regarding citizenship status, commits a third degree felony.
  • Claims by some county supervisors that the “data is flawed” are either intentionally clouding the issue or are missing the obvious.  The data provided to elections supervisors should only be considered a tool to assist in removing ineligible voters from the database.  Under no circumstances should the DHSMV data be the sole consideration before removing a voter from the system.
  • It is the county supervisor’s job to protect the integrity of the voter registration database and to prevent non-US citizens from casting an illegal ballot. The Florida Department of State and Department of Highway Safety and Motor Vehicles are working collaboratively to provide elections supervisors with the most accurate data available at the state level, and county elections supervisors should carefully consider the information and take appropriate steps to prevent vote fraud.
  • The State of Florida has asked the Obama Administration to grant access to the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) database, which is the most reliable database available for identifying ineligible voters and removing them from the system.  To date, the Obama Administration has refused to grant access to the database.
  • After waiting for nearly 9 months for access to the highly reliable SAVE database, with no response from the Obama Administration, the State of has developed a process designed to carefully review the available data, proceed with cases warranting further investigation, and remove voters who are proven to be ineligible.  That careful process is explained below.

 

PROCESS:

  1. Compare  databases between the Department of State and the Department of Highway Safety and Motor Vehicles to identify people listed as non-citizens in DHSMV’s database that were also included on Florida’s voter rolls.
  2. Upon matching information from DHSMV indicating that a registered voter may not be a United States citizen, DOS conducts an investigation using its available resources to determine whether the information identifying a voter as potentially ineligible is credible and reliable.
  3. DOS then refers that information to a county supervisor of elections for additional review and investigation as needed.
  4. When a supervisor of elections receives information from DOS that a registered voter is a potential non-citizen, the supervisor must initiate the statutory notice and removal process. Potential non-citizens are provided an explanation of the basis for the review of potential ineligibility and an opportunity to furnish additional data to dispute the determination of potential ineligibility.
  5. Ineligible voters are removed from the database only after all of these steps have been completed.  To date, exactly ZERO legitimate US citizens have been reported to the Department of State as having been wrongly removed from the voter rolls.  In short, the process works.

 

ADDITIONAL BACKGROUND INFORMATION ABOUT FLORIDA’S REQUEST FOR ACCESS TO THE HOMELAND SECURITY “SAVE” DATABASE:

  • The most comprehensive database to validate non-citizenship status belongs to the Department of Homeland Security, the Systematic Alien Verification for Entitlements (SAVE) database. We have requested access to this database since September 2011, but have been denied access by the Obama Administration. Secretary of State Ken Detzner has even personally written DHS Secretary Janet Napolitano for access to the SAVE database.
  • DHS’s SAVE database has up-to-date information that would allow us to confirm many non-citizens, and give supervisors of elections additional evidence they can use to remove ineligible voters.
  • Federal law expressly requires DHS to respond to state inquiries seeking to verify or ascertain the citizenship or immigration status of any individual within its jurisdiction for any purpose authorized by law. (8 U.S.C. s. 1373(c)).
  • Additionally, DHS has recently stated that the SAVE database could be used for voter registration purposes. See, e.g., 76 Fed. Reg. 58525, 58527 (September 21, 2011).
  • Yet after nine months of requests, we have not been granted access to that information or any other available DHS database.

 

MORE FROM FLORIDA’S DEPARTMENT OF STATE:

  • The Department of State has a duty under both state and federal laws to ensure that the voter registration rolls are current and accurate.
  • If we receive credible and reliable information, we must act on it.
  • Race or party never factor into the process. The only criteria we are concerned about is someone’s ineligibility.
  • Our focus is on identifying and removing ineligible voters from the rolls because that’s our job and that’s a crucial part to having successful elections.
  • Nobody should be okay with ineligible voters being able to cast a ballot.
  • There is a high probability that non-citizens are on Florida’s voter rolls, but we do not have the ability to know conclusively without contacting every potential non-citizen. While some eligible voters may be asked to provide proof of citizenship, we know ineligible voters will be identified for removal in the process, and this is the only method we currently have to identify these non-citizens on the voter rolls.
  • What if someone is wrongly removed from the rolls?—If at any point someone realizes they have been wrongly removed from the voter rolls, that person can contact their supervisor of elections and be retroactively reinstated and eligible to vote in any upcoming elections. Also, if on the day of an election someone realizes they were wrongly removed, that person would be able to vote a provisional ballot which would absolutely count once they provide proof of citizenship to their supervisors of elections.  TO DATE, NO VOTER HAS REPORTED BEING WRONGLY REMOVED FROM THE ROLLS AS A RESULT OF THIS PROCESS.
  • Why not begin the removal process last year? — Before contacting supervisors, we wanted to know whether the match process was indeed viable and yielding credible information that the Supervisors of Elections could comfortably rely upon.  We determined it was both viable and credible.
  • Why is removing ineligible voters important? –Our year-round commitment to having ineligible voters removed from the voter rolls ensures the integrity of our elections, and specifically prevents the vote of an eligible voter from being diminished by an ineligible voter. Nobody should be okay with ineligible voters being able to cast a ballot.

Information provided by Chris Cate Florida Department of State.  www.dos.state.fl.us