When In The Course Of Human Events

Sat, Jul 4, 2015 - 10:39am

It's Independence Day in the U.S. and most if us in America are familiar with our Declaration of Independence and it's "self-evident truths" and "unalienable rights". However, when was the last time you read the entire document penned by Thomas Jefferson in 1776? Now, more than ever, it is imperative that you familiarize yourself with the original rationale for forging an independent, American nation.

Again, almost everyone can recite from memory most of this passage from the DoI:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

That's all well and good and what is described is certainly "self-evident". However, considering the times we live in:

  • Abject corruption by elected representatives in the legislative branch of government
  • Disregard of law and Constitution by leaders of the executive branch of government
  • Willingness to amend and create new law by the judicial branch of government
  • Unlawful suppression of liberty and individual rights by the "bureaucratic branch of government"
  • Complete capture and propagandizement of the "media branch of government"
  • I believe that it is imperative that you read today the rest of the Declaration of Independence. Why? Perhaps you should review the rationale for revolution, laid out by Thomas Jefferson 239 years ago as the colonies were being held captive by a earlier, similarly tyrannical and despotic form of government (personal emphasis added):

    "That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

    True in 1776. Still true in 2015.


    Full Declaration found here: https://www.archives.gov/exhibits/charters/declaration_transcript.html And reprinted below:

    IN CONGRESS, JULY 4, 1776
    The unanimous Declaration of the thirteen united States of America

    hen in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

    We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

    He has refused his Assent to Laws, the most wholesome and necessary for the public good.

    He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

    He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

    He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

    He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

    He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

    He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

    He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

    He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

    He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

    He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

    He has affected to render the Military independent of and superior to the Civil Power.

    He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

    For quartering large bodies of armed troops among us:

    For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

    For cutting off our Trade with all parts of the world:

    For imposing Taxes on us without our Consent:

    For depriving us in many cases, of the benefit of Trial by Jury:

    For transporting us beyond Seas to be tried for pretended offences:

    For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

    For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

    For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

    He has abdicated Government here, by declaring us out of his Protection and waging War against us.

    He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

    He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

    He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

    He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

    In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

    Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

    We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

    New Hampshire:
    Josiah Bartlett, William Whipple, Matthew Thornton

    John Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry

    Rhode Island:
    Stephen Hopkins, William Ellery

    Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott

    New York:
    William Floyd, Philip Livingston, Francis Lewis, Lewis Morris

    New Jersey:
    Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark

    Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross

    Caesar Rodney, George Read, Thomas McKean

    Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton

    George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton

    North Carolina:
    William Hooper, Joseph Hewes, John Penn

    South Carolina:
    Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton

    Button Gwinnett, Lyman Hall, George Walton

    More excellent background information on The Declaration and its signers can be found here: https://www.rushlimbaugh.com/pages/static/my_father_s_speech

    About the Author

    turd [at] tfmetalsreport [dot] com ()


    Whitecastle123 Null
    Jul 4, 2015 - 5:12pm


    Did you buy the stacker round ? I just bought some of those last week at Scottsdale. Ordered on a Thursday and arrived Monday morning. Fast. I want more I want more of those chunky little bastards.

    Jul 4, 2015 - 5:21pm

    Worse than a hangover...

    my dog ate some more of his turds today. Man, this is getting old. Ever seen a shit-eating grin? My dog has the best one.

    Hat tip to you, TheSnorkelParka, I like the cut of your jib. Nothing like catharsis.

    Amazing crew here on the USS Turd, long memories for banker assholes, but soft hearts for humans! I love this place.

    Happy Fourth, Ya'll! "Damn few", thanks for your service. Independence has its price.

    Jul 4, 2015 - 5:22pm

    The question I have about

    The question I have about Citibank's silver derivative position is who is on the other side? If it's 4 trillion, then doesn't that imply that if the price of silver goes up strongly, or down strongly, that some one or ones are going to be major losers on this position?

    Doesn't mean then that any big move in the price of silver will completely implode the financial system?

    Jul 4, 2015 - 5:27pm
    Jul 4, 2015 - 5:27pm

    Enlightening / From Jesse

    “There are only two reasons why you should ever be asked to give your youngsters. One is defense of our homes. The other is the defense of our Bill of Rights and particularly the right to worship God as we see fit. Every other reason advanced for the murder of young men is a racket, pure and simple.

    I spent thirty-three years and four months in active military service as a member of this country's most agile military force, the Marine Corps. I served in all commissioned ranks from Second Lieutenant to Major-General. And during that period, I spent most of my time being a high class muscle-man for Big Business, for Wall Street and for the Bankers. In short, I was a racketeer, a gangster for capitalism.”

    Smedley D. Butler, War is a Racket


    Jul 4, 2015 - 5:30pm


    Yes!... Bought it from atkinsonsbullion.com, based in the UK. So it went via. scottsdale-askinsons-govVAT-->me! Just wanted one to see what they're like. Very good quality, and I like the "inverted design" for easy stacking. BIG over-spot price though! (about 36 quid with VAT!!!! )

    I ordered some TF coins from Scottsdale to the UK direct and UPS will charge you cash at your front door for the VAT&import charges. OK if you're ordering in bulk, not good for one-offs. Sorry for stating the obvious!

    Jul 4, 2015 - 5:35pm


    Thank you! Even though I'm English - A Happy Fourth to you Sir!

    Jul 4, 2015 - 5:53pm

    Interesting Fact

    John Adams and Thomas Jefferson both died on July 4, 1826.

    Dr. P. Metals
    Jul 4, 2015 - 6:03pm


    I have to hold my nose when I read the domain name of his site, but his thoughts are pretty good, this was posted today. make a LOT of sense to me:

    "Bank depositors, prepare to be wiped out

    Zero Hedge is reporting some interesting things going on in the world of derivatives right now. The banksters appear to be gathering all their derivatives contracts into a few “fall guy” banks, including entities within those banks that are FDIC-insured…"

    but I don't see JPM laying itself down as a sacrificial lamb?

    Edit: forgot the link (duh): https://redefininggod.com/

    4 oz
    Jul 4, 2015 - 6:52pm
    Fred Hayek
    Jul 4, 2015 - 6:54pm

    @4 oz - or looked at from the other direction

    If you're not going to do any more work, you should live down south.

    Jul 4, 2015 - 7:30pm

    Oh What A Price that others have paid for my freedom on this 4th

    Yes, my grandfather was shot in France in WW1, my two older brothers were in the Pacific during WW2 (One a POW in the Philippines and the other a gunner shooting down planes off a battleship). Others were killed as Hitler invaded Poland and the Ukraine.

    So here we are, sending our youth out even today, fighting wars on all fronts for the banksters along with the few pushing the buttons behind the curtains. Young men and women, who the lost world is not worthy to receive:

    American marines singing "Days of Elijah" (Lirycs)

    jmo Jim

    Jul 4, 2015 - 7:55pm
    Jul 4, 2015 - 9:00pm

    Happy Treason Day

    Ungrateful Colonialists!

    Someone sent that to me today... got me thinkin' ;^)

    Great post, Craig! So appropo!

    Jul 4, 2015 - 9:01pm

    @Mcfly Re: Greece

    LOL!! That is so creepy good! I thought it must have been another one of Pining's!

    Jul 4, 2015 - 10:10pm

    @ GuerrillaCapitalist

    Your post reminded me of this interview from last week. It is a good listen, which in turn reminded of what I imagine is something along the lines of what the original thirteen States must have been striving for... Give me liberty!

    Video unavailable
    Dyna mo hum
    Jul 4, 2015 - 10:18pm



    Police and National Guard units seeking to confiscate a cache of recently banned assault weapons were ambushed Sunday by elements of a para-military right wing extremist faction.

    Military and law enforcement sources estimate that 72 were killed and more than 200
    injured before government forces were compelled to withdraw.

    Speaking after the clash, Massachusetts Governor Thomas Gage declared that the extremist militia faction has citizens who have links to the radical right wing tax protest movement.
    Gage blamed the militia for recent incidents of vandalism directed against internal revenue offices.
    The governor who described the group’s organizers as “terrorists” , issued an executive order authorizing the summary arrest of any individual who has interfered with the governments efforts to secure law and order.

    The law enforcement team augmented by elements of the National Guard, were sent to raid a militia arsenal after widespread refusal of right wing extremists to turn over recently outlawed assault weapons.

    This decision followed a meeting in early July between government and law enforcement which authorized the confiscation of the illegal arms, known as the weapons of choice among criminals and militias.

    One government official, speaking on condition of anonymity, pointed out “that none of these people would have been killed had right wing extremist obeyed the law and turned over the weapons voluntarily” .

    Police and government forces initially succeeded in confiscating a large supply of outlawed weapons and ammunition. However, troops attempting to seize arms and ammunition in Lexington met with resistance from heavily armed militia extremist who had been
    tipped off regarding the government’s plans.During a tense stand-off in Lexington ‘s town park, National Guard Colonel Francis Smith, commander of the government operation, ordered the armed group to surrender and return to their homes.

    The impasse was broken by a single shot, which was reportedly fired by one of the right wing extremist. Eight civilians were killed in the ensuing exchange.

    Ironically, the local citizens blamed the government forces rather than the extremists for the civilian deaths.

    Before order could be restored, heavily armed militia groups from surrounding areas had descended upon the police and guard units.

    Colonel Smith, finding his forces over matched by militia mobs, ordered a retreat.

    Governor Gage has called upon citizens to support the state/national joint task force in its effort to restore law and order.

    The governor has also demanded the surrender of those responsible for planning and leading the attack against the government.

    Samuel Adams, Paul Revere, and John Hancock, who have been identified as “ringleaders” of the extremist militia faction remain at large.

    Dyna mo hum
    Jul 4, 2015 - 11:02pm

    John Adams to his wife,

    with regard to the signing of the Declaration of Independence: "You will think me transported with enthusiasm, but I am not. I am well aware of the toil and blood and treasure that it will cost us to maintain this Declaration, and support and defend these States. Yet through all the gloom I can see the rays of ravishing light and glory; I can see that the end is more than worth all the means, that posterity will triumph in that day's transaction, even though we should rue it, which I trust in God we shall not."

    Jul 4, 2015 - 11:07pm

    A Peek into Greece / Need for Cash / Similar to Argentina

    "Hello Petros,
    Thanks for your email letting us know about what’s really going on over there.
    What you are describing in your letter is an exact copy of what happened in Argentina after the “corralito” went up in 2001. Officially speaking, the capital control is done to stop bank runs and money leaving the country, either because Greeks close their bank accounts and horde Euros under their mattresses or directly wire transfer money to banks abroad. Officially speaking, you can use your debit card to pay for food, gas and pay your bills, so you don’t really need a lot of cash. The problem is that’s not what ends up happening in the streets.

    Speaking in practical terms, when you’re standing in line in a grocery store with a bottle of milk, some eggs and a bag of bread, you can’t actually force the shop owner or employee to take your debit card if he doesn’t want to. You can complain all you want, but you won’t change that person’s mind. With a country on the edge of collapse, it’s perfectly understandable that most businesses will prefer cash. This also happened in Argentina. The “cash only” signs went up almost instantly. Some of the larger retailers still accepted debit cards but for years gas stations operated on a “cash only” basis after the collapse."


    Jul 4, 2015 - 11:20pm

    Oathkeepers marched in our parade today

    The VFW was the first group marching in our local parade this morning. They had people on foot being followed by a huge personnel carrier that had an Oathkeepers banner across the front. It was nice to see. There are too many who have betrayed their oath or don't understand what it means.

    Safety Dan
    Jul 4, 2015 - 11:28pm

    Comment on Citigroup Silver Derivative Exposures

    First the article discussed:

    Citigroup Just Cornered The "Precious Metals" Derivatives Market

    Submitted by Tyler Durden on 07/04/2015 - 14:48

    What JPMorgan is doing to the "Other" commodities space, Citigroup has just done to the "Precious Metals" derivative market.

    Read this:

    Presenting The $303 Trillion In Derivatives That US Taxpayers Are Now On The Hook For

    That is right folks, the US taxpayer is stopping the exposure.. CONGRESS HAS SOLD US OUT, ONCE AGAIN, BY PUTTING US ON THE TAB FOR $303 TRILLION in DERIVATIVES.

    The defense bill passed last December contains the provision. Citigroup snuck in a provision at the last second. The bill was passed quickly by both House, Senate, and signed by the president.

    The provision was putting off TRILLIONS of derivatives onto the American tax payer if they ever fail.

    To me, it's not if but WHEN. Does that have anything to do with why it soared in the first quarter????

    Derivatives parties (CITI being the counter-party) come absolutely FIRST in line. Bond holders are ahead of account holders. Stock holders after account holders.

    Please someone correct me if I'm wrong. I hope to be wrong.

    The account holders funds are transferred to the derivatives parties, first.


    Paragraph 13 - An efficient path for returning the sound operations of the G-SIFI to the private sector would be provided by exchanging or converting a sufficient amount of the unsecured debt from the original creditors of the failed company into equity. In the U.S., the new equity would become capital in one or more newly formed operating entities. In the U.K., the same approach could be used, or the equity could be used to recapitalize the failing financial company itself—thus, the highest layer of surviving bailed-in creditors would become the owners of the resolved firm. In either country, the new equity holders would take on the corresponding risk of being shareholders in a financial institution. Throughout, subsidiaries (domestic and foreign) carrying out critical activities would be kept open and operating, thereby limiting contagion effects. Such a resolution strategy would ensure market discipline and maintain financial stability without cost to taxpayers

    Thought: Remember when Citi's stock was $1.00 in 2008?

    From Craig's opening..

    But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

    Jul 5, 2015 - 12:04am

    Greece v Germany

    It's nothing new:

    monty python football
    Mr. Fix
    Jul 5, 2015 - 12:57am

    Next up on the agenda:

    They Want To Use "Hate Speech Laws" To Destroy Freedom Of Speech In America

    Submitted by Tyler Durden on 07/04/2015 - 21:55

    Even if you never intended to offend anyone and you had no idea that your words were insulting, in some countries you can be detained without bail and sentenced to years in prison for such speech. Today, there are highly restrictive hate speech laws in Canada, in Mexico and in virtually every single European nation. The United States is still an exception, but the truth is that our liberties and freedoms are being eroded every single day, and it is only a matter of time until “hate speech laws” are used to take away our freedom of speech too.

    Read the comments section, it is hysterical!

    Jul 5, 2015 - 1:26am
    Safety Dan
    Jul 5, 2015 - 1:40am

    A must read! I trust you will

    Supreme Ct says corporate entities cannot be used to evade Constitution. => It makes some regulations null & void.

    Supreme Court says corporate entities cannot be used to evade Constitution

    Reader C., whose primary focus is Home Owners Associations et al., send us the following, wherein it appears a Supreme Court decision involving AMTRAK should also apply to HOA issues.

    But wait – shouldn’t it also apply to “Corp. US”…? Seems to me it definitely should. :) In which case the Court has set a precedent that would make any unConstitutional statutes and regulations passed in roughly the past one hundred years “void ab initio”.

    A must read! I trust you will believe so too!


    “Give this to your lawyer”
    By, Ward Lucas

    “No one is more insightful or articulate than Arizona HOA warrior George Staropoli. When he comments on an HOA issue, you really want to stand up and pay attention. He’s written an incredibly interesting analysis of a recent U.S. Supreme Court decision that he says could ultimately have a direct impact on the national HOA scam. I would do a disservice to him if I tried to sum up his argument.

    I would also do a disservice to you if I didn’t give you a link to his paper and urge you to read it, print it out and give copies to every influential person you meet. Your lawyer should have a copy of this. At some point our movement is going to reach a tipping point. Who knows? This could be that point.””


    “Supreme Court says corporate entities cannot be used to evade the Constitution”
    By, George K. Staropoli

    “Supreme Court says corporate entities cannot be used to evade Constitution The recent non-HOA decision by the US Supreme Court in DOT v. Assn American Railroads1 has a direct bearing on the constitutionality of the HOA legal scheme. This case dealt with the legal status of AMTRAK — is it or is it not a government entity — and was there an unconstitutional delegation of legislative authority. While I have argued that HOAs are de facto private governments based on their powers, authority and functions, I make the argument that as a de jure (according to the law) private corporation, HOAs have been unconstitutionally delegated legislative powers.

    At issue were opposing arguments that AMTRAK violated “the nondelegation doctrine and the separation of powers principle by placing legislative and rulemaking authority in the hands of a private entity” (p. 3) and that “its charter’s disclaimer of agency status prevent[ed] it from being considered a Government entity” (p. 6); “Amtrak was created by the Government, is controlled by the Government, and operates for the Government’s benefit. The Government even ‘specif[ies] many of its day-to-day operations’ and ‘for all practical purposes’” (p. 7).

    Two very critical points relating to the HOA legal scheme are made.

    First, “’It is not for Congress to make the final determination of Amtrak’s status as a Government entity for purposes of determining the constitutional rights of citizens affected by its actions.’ To hold otherwise would allow the Government ‘to evade the most solemn obligations imposed in the Constitution by simply resorting to the corporate form’” (p. 6). [As argued like with HOAs]. The constitutional issues . . . all flow from the fact that no matter what Congress may call Amtrak, the Constitution cannot be disregarded (p. 12).

    Second, [T]his statutory label cannot control for constitutional purposes. . . . One way the Government can regulate without accountability is by passing off a Government operation as an independent private 2 concern. Given this incentive to regulate without saying so, everyone should pay close attention when Congress “sponsor[s] corporations that it specifically designate[s] not to be agencies or establishments of the United States Government” (p. 7).

    The principle that Congress cannot delegate away its vested powers exists to protect liberty. Our Constitution, by careful design, prescribes a process for making law, and within that process there are many accountability checkpoints (p. 9).

    In short, the court decides the legal status of an entity and not the creation of laws by the legislature (Congress in this case), otherwise legislatures can bypass constitutional protections by explicitly creating private corporations. As the Supreme Court said above, state laws do not determine the constitutional status of HOAs, and neither do statements by other sources such as in the Restatement of Servitudes2 that is used to guide the courts. CC&Rs do not override the Constitution.

    Delegation of legislative authority to HOAs

    The question now turns on whether or not the contents of the CC&Rs establish HOAs as state actors, and if not, then whether or not the delegation of legislative powers to private government HOAs is constitutional. The result of either analysis forces the conclusion that HOAs must of necessity be constitutionally legitimate governing entities and be held accountable to the state.

    First, I have maintained that the CC&Rs create state actors subjecting HOAs to the 14th Amendment and thereby invalidating many of the oppressive covenants contained in the CC&Rs. “The policy makers fail to understand that the terms and conditions of the HOA CC&Rs cross over the line between purely property restrictions to establishing unregulated and authoritarian private governments.”3 Long ago in his 1994 book, Privatopia, Professor McKenzie wrote, “HOAs currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent of local governments.”

    Second, I also maintain that implicit unconstitutional delegation to private HOAs exists as there is no accountability to the state. t can be argued that even though there may not be explicit delegation there is an implied delegation of legislative powers, based on the nature and intent of the state’s HOA acts and statutes.4 There are no enabling acts granting HOAs such legislative powers. That makes CC&Rs and HOAs an unconstitutional usurpation of legislative authority. If municipal corporations, agencies and private entities must have delegated authority to act, no matter how broad or detrimental to individual rights, then how can HOAs not be outside our constitutional system of government?5 “’Rulemaking’ is a term that deals with the grant of legislative powers to state agencies and, in a more restrictive mode, to private entities. It is the authority to adopt rules that have the effect of law. The point is that the term “rulemaking” is a state agency process and is not found in the nonprofit corporation or HOA law.”6 3 [R]ecognizing that the power to fashion legally binding rules is legislative. 7

    Implicit delegation of legislative powers are described in The Restatement Servitudes, 8 “[the HOA has] the duty to ‘act reasonably in the exercise of its discretionary powers including rulemaking, enforcement, and design-control powers.” (§ 6.13(b). “[The HOA] has an implied power to adopt reasonable rules” (§ 6.7(1). “Even in the absence of an express grant of authority, an association enjoys an implied power to make rules in furtherance of its power over the common property.” (§ 6.7, comment b).

    Numerous state statutes carry implicit delegations of legislative powers.9 With respect to violations of the Constitution, the Supreme Court decision in DOT held 1) that private parties cannot draft agreements to circumvent the Constitution by declaring that an entity, specifically a corporation, is a private organization, 2) that such a determination is made by the courts based on the corporation’s functions, powers and authority, and 3) that in order for a private entity’s delegation of legislative authority to be constitutional, there must be control, supervision and accountability to the state. I have presented my case that, in the absence of explicit enabling acts, there is implicit unconstitutional delegation of legislative power to private HOAs, particularly in regard to legally binding rules, without accountability. References 1 Dept. of Transportation v. Assn American Railroads, 135 S.Ct. 1225 (2015) 2 “[T]hat we are willing to pay for private government because we believe it is more efficient than [public] government . . . . Therefore this Restatement is enabling toward private government, so long as there is full disclosure”, Restatement

    Third, Property (Servitudes), Susan F. French, Reporter, p. ix (American Law Institute 2000). 3 See CC&Rs are a devise for de facto HOA governments to escape constitutional government. 4 Supra 3. 5 See Unconstitutional delegation of power to HOAs. 6 SeeThe unconstitutional delegation of implied rulemaking powers to HOAs. 7 Supra 1, p. 17. 8 Supra 2, 9 For a sample of implied rulemaking statutes by state, see: Arizona: ARS 33-1803(A) and (B) for HOAs; 33-1242(A)(1) for condos. California: Civil Code §§ 4340-4370 (Part 5, Chapter 3, Article 5, Operating Rules). Florida HOAs: Title XL, § 720 et seq. do not explicitly address rules per se, but speak to enforceable “guidelines” and “standards”; Florida Condos: Title XL, § 718 et seq. (in particular, § 718.1035, the general statement on “association rules”). Nevada: “NRS 116.31065 Rules. The rules adopted by an association” (with 5 “musts” imposed on the HOA). ”

    For more information: https://pvtgov.org/pvtgov/downloads/hoa%20corporate%20delegation.pdf

    Read more at https://investmentwatchblog.com/supreme-ct-says-corporate-entities-cannot-be-used-to-evade-constitution-it-makes-some-regulations-null-void/#dtmjJggg5rvfMK3r.99

    Safety Dan
    Jul 5, 2015 - 1:54am

    Couple Married 75 Years Died

    Couple Married 75 Years Died In Each Other’s Arms

    BY IWB · JULY 4, 2015

    Share1 Tweet1 0 Share0

    Couple Married 75 Years Died In Each Other’s Arms

    “A California couple, married for three-quarters of a century, took their “til death do us part” vow seriously, passing away in each other’s arms last month.

    “Jeanette and Alexander Toczko were born in 1919, and met when they were just 8-years-old and fell in love immediately, their children told KGTV in San Diego.

    “The couple married in 1940 and moved to San Diego in 1970, according to their daughter, Aimee Toczko-Cushman. She told KGTV that her parents couldn’t bear the thought of being apart and said they hoped to one day die in their bed, holding hands.

    “Their hearts beat as one from as long as I can remember,” Toczko-Cushman said.”


    Read more at https://investmentwatchblog.com/couple-married-75-years-died-in-each-oth...

    J Siefert
    Jul 5, 2015 - 2:12am

    Patrick Barron of the Mises Inst. says

    ...how to fix Greece and the EU

    Video unavailable

    This guy's ideas make good sense to me

    Safety Dan
    Jul 5, 2015 - 2:12am

    If Vaccines don’t cause

    If Vaccines don’t cause Autism why is it a side effect listed on the package insert with the FDA!

    BY IWB · JULY 2, 2015

    UK to give pertussis vaccine to newborns? Autism and SIDS are on the package insert

    Here is a clear measure of medical insanity and the threat it represents to the health and life of your children: UK authorities are considering giving the pertussis vaccine to newborns, even though there are no safety studies to support vaccination of newborns.

    Sudden infant death syndrome (SIDS) and autism are listed on the pertussis vaccine package insert (filed with the FDA) under serious adverse events reported during post-approval use. ‘Events were included in this list because of the seriousness or frequency of reporting.’



    I really could not believe this one so I had to check for myself and low and behold its true!

    It’s on Page 11…

    “Adverse events reported during post-approval use of Tripedia vaccine include idiopathic thrombocytopenic purpura, SIDS, anaphylactic reaction, cellulitis, autism, convulsion/grand mal convulsion, encephalopathy, hypotonia, neuropathy, somnolence and apnea. Events were included in this list because of the seriousness or frequency of reporting. Because these events are reported voluntarily from a population of uncertain size, it is not always possible to reliably estimate their frequencies or to establish a causal relationship to components of Tripedia vaccine.2″


    Read more at https://investmentwatchblog.com/if-vaccines-dont-cause-autism-why-is-it-a-side-effect-listed-on-the-package-insert-with-the-fda/#P5hKod6iRfbYw9Ht.99

    Health official: Washington state woman who died of measles had been vaccinated


    Vaccine Induced Scurvy and Shaken Baby Syndrome

    by Dr Viera Scheibner (PhD) Health Impact News


    Articles by Dr Viera Scheibner

    The sordid history of Poliomyelitis vaccination

    Outbreaks of whooping cough (pertussis) in the vaccination era.

    The ineffectiveness and unintended consequences of measles vaccination

    Measles Vaccines Part II; Benefits of Contracting Measles

    The documented effects of vaccines as shown by orthodox medical research

    - See more at: https://healthimpactnews.com/2015/vaccine-induced-scurvy-and-shaken-baby...

    U.S. Jails Lone Vaccine Researcher, While Fraud Remains Epidemic: “Perhaps Half May Simply Be Untrue”
    Read more at https://investmentwatchblog.com/u-s-jails-lone-vaccine-researcher-while-fraud-remains-epidemic-perhaps-half-may-simply-be-untrue/#iImFs9zIA05MqOS1.99

    Safety Dan
    Jul 5, 2015 - 2:16am

    Stanford Will Now Be Free To

    Stanford Will Now Be Free To All Students From Families That Earn Less Than $125,000 Per Year

    Last week, Stanford University announced that more accepted students won’t have to pay anything for tuition, which normally runs nearly $46,000 a year.

    Students whose families make less than $125,000 a year and have assets worth $300,000 or less, including home equity but excluding anything that they have saved in retirement accounts, won’t have to pay tuition. Students whose families make less than $65,000 also won’t have to pay for room and board, which can run about another $14,100. Scholarships or grants will cover the costs instead, and the school has a $21 billion endowment. The thresholds were previously $100,000 for free tuition and $60,000 for free room and board.

    Students will still have to contribute at least $5,000 a year from part-time work during the school year, working during the summer, and/or savings.

    “Our highest priority is that Stanford remain affordable and accessible to the most talented students, regardless of their financial circumstances,” said Provost John Etchemendy in a press release. “Our generous financial aid program accomplishes that, and these enhancements will help even more families, including those in the middle class, afford Stanford without going into debt.” The school says that 77 percent of undergraduates leave without student debt.

    That makes Stanford graduates somewhat unique, as about 70 percent graduate with debt, owing an average of $29,000 at the end of last year. Student loan debt has tripled over the last decade. Meanwhile, nearly a third of those


    Safety Dan
    Jul 5, 2015 - 2:28am

    New US Dollar Substitute Will

    New US Dollar Substitute Will BE Available to the Public in October!


    The International Monetary Fund is one of the most secretive and powerful organizations in the world.

    They monitor the financial health of more than 185 countries… they establish global money rules… and provide “bail-out” assistance to bankrupt nations.

    And on Oct 20th of this year, the IMF is expected to announce a reserve currency alternative to the U.S. dollar, which will send hundreds of billions of dollars moving around the world, literally overnight.

    According to Juan Zarate, who helped implement financial sanctions while serving in George W. Bush’s Treasury department, “Once the [other currency] becomes an alternative to the dollar, rules of the game begin to change.”

    And Leong Sing Chiong, Assistant Managing Director at a major central bank, said this dollar alternative “is likely to transform the financial landscape in the next 5-10 years.”

    According to currency expert, Dr. Steve Sjuggerud (recently featured on CNBC, and Bloomberg),

    “I’ve been active in the markets for over two decades now… but I’ve never seen anything that could move so much money, so quickly. Hundreds of billions of dollars could change hands in a single day after this announcement is made.”

    “The announcement will start a domino effect, that will basically determine who in America gets rich in the years to come… and who struggles.”


    Read more at https://investmentwatchblog.com/new-us-dollar-substitute-will-be-available-to-the-public-in-october/#A3KloSdDVsLJDeMC.99

    Don’t Count On The FDIC! Rules Are Made To Be Broken. When Do They Most Need To Be Broken? When They Are Actually Most Needed In The First Place.

    That is, they work great until circumstances dictate that they don’t. Repeat after me; your bank deposits are *not* safe I really don’t know what it will take to reach the ordinary people of...

    Killuminati: Famous Rothschild Banking Dynasty Facing Fraud Charges In France

    One of Europe’s wealthiest bankers faces questioning for fraud in France as part of a years-long case that accuses him of defrauding retirees. Baron David de Rothschild, one of the wealthy members of the...

    LEAKED: How the Biggest Banks Are Conspiring to Rip Up Financial Regulations around the World

    WikiLeaks got its hands on part of the secret trade pact for services.


    Counterfeit Euros made in China are flooding Italy and Germany

    Fake money floods Germany Counterfeit money cost Germany millions last year, with the number of counterfeit bills shattering previous record in the last six months of 2014. But the cental bank says it’s not...

    Benghazi Breakthrough

    …this week we released new State Department documents showing that Hillary Clinton and the State Department’s response to the Benghazi attack was immediately determined by top Obama White House officials, particularly Ben Rhodes, then-White...

    Peter Schiff: The Chickens Are Coming Home To Roost

    On today’s show, financial analyst and author Peter Schiff discusses the Greek collapse, Puerto Rico’s faltering economy and how America’s monetary policies may one day put us on the same path.https://www.europac.com/https://twitter.com/peterschiff

    September 28th 2015 The Event Horizon: Another Dead NASA Scientist, ‘SEVENTY FOUR’ Scientists dead in 2 years!


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    Key Economic Events Week of 5/20

    5/20 7:00 pm ET CGP speech
    5/21 10:00 ET Existing Home Sales
    5/22 2:00 ET FOMC minutes
    5/23 9:45 ET Markit PMIs
    5/24 8:30 ET Durable Goods

    Key Economic Events Week of 5/13

    TWELVE Goon speeches through the week
    5/14 8:30 ET Import Price Index
    5/15 8:30 ET Retail Sales and Empire State Manu. Idx.
    5/15 9:15 ET Cap. Ute. and Ind. Prod.
    5/15 10:00 ET Business Inventories
    5/16 10:00 ET Housing Starts and Philly Fed
    5/17 10:00 ET Consumer Sentiment

    Key Economic Events Week of 5/6

    5/9 8:30 ET US Trade Deficit
    5/9 8:30 ET Producer Price Index (PPI)
    5/9 10:00 ET Wholesale Inventories
    5/10 8:30 ET Consumer Price Index (CPI)

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