< "Supreme Court Dictatorship in America" ( by Don Bell, _The CDL Report_, Issue 129, June 1990 )
The conditioning of the people by the brainwashers has been beyond comparison. The Socialist Nations of Western Europe and the Communist Nations of Eastern Europe are merging, as planned, into one great Regional World Government. The comparatively free and wealth United States of America and the basketcase Union of Soviet Socialist Republics are converging economically and otherwise through most favored trade, aid, educational, social and financial alliances. And while the captive peoples of the Communist countries are given the semblance of freedom and conditional independence, the people of the United States are losing their freedom and independence, their standard of living, their republican form of government and their right to worship as their fathers worshipped. Most recent example of the latter is less than a month old. But the moguls that manage the media have kept the news off their satellites and out of their daily and weekly columns to such an extent that few have heard of the Judicial Tyranny committed by five un-elected rulers we call Supreme Court Justices.
On Wednesday, April 18, 1990, the Supreme Court killed our United States Constitution. The coup de grace was a simple but fatal action whose reaction is yet to be felt. The Court decreed that federal judges have the authority to order state and municipal elected officials to raise taxes, and to issue injunctions preventing laws and State Constitutions from being used to do anything about it. A Constitutional expert tells us that by this decree the Supreme Court has abolished the representative form of government at the state and local level and along with it nullified the US and State Constitutions, "California's Proposition 13, supply-side economics, federalism, the separation of powers and the national tax-limitation and balanced-budget amendment movement." Quoted remark was by Paul Craig Roberts, professor of political economy at the Center for Strategic & International Studies in Washington. He explains: "Elected legislators and the people to whom they are accountable no longer have control over the power of the purse, or the quantity and quality of public expenditures. The Court's ruling ... transfers all meaningful governmental power to the federal ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ judiciary. It will take some time for judicial tyranny to become fully ^^^^^^^^^ manifest, but the process for establishing judicial rule is now in place. Unless we revolt, we have lost our freedom." (Emphasis was added).
In common Americanese, this is what happened. A federal judge believed that racial desegregation in the Kansas City, Mo. public school system was not up to the standard set by federal judges. On that pretext he gave orders for an extravagant school improvement plan that would cost an estimated $260 million, to include high schools with air-conditioned classrooms, an alarm system and 15 microcomputers, a 2000-square-foot planetarium, greenhouses and vivariums, a 25-acre farm with an air-conditioned meeting room accommodating 104 persons, a model United Nations wired for language translations, broadcast-capable radio and television studios with an editing and animation lab, a temperature-controlled art galley, movie editing and screening rooms, dust free diesel mechanics rooms, 1875-square-foot elementary animals rooms for a zoo project, and swimming pools. Not only that, but the federal judge ordered that magnet schools be built throughout the school district at the additional estimated price of $200 million. This nearly half a billion dollars was not to be spent to better educate students, just to make them more comfortable while enjoying extra-curricular activities.
The school board, the State Legislature and the people who would have to pay for the improvements, were shocked. They didn't have that kind of money for such a purpose, and the federal judge had no right or authority to issue such an order. They pointed out that the power of taxation is a power that the federal judiciary does not possess. Only elected legislative bodies have such power. So affirms the US Constitution, State Constitutions, and common sense derived from "taxation without representation" cries that helped start a revolutionary war. So, the federal judge demanding and the state and local elected authorities refusing, the case went to the US Supreme Court.
By a vote of 5-to-4 the Supreme Court ruled that federal judges do have the power of the public purse; Constitutions, state laws, county and municipal ordinances to the contrary notwithstanding. The five traitors, mark them well, were Byron R. White, William J. Brennan, Thurgood Marshall, Harry A. Blackmun and John Paul Stevens. The other four Justices were powerfully and vocally opposed to the decree, but they were a minority. Justice Anthony M. Kennedy was supported by Chief Justice William H. Rhenquist, Sandra Day O'Connor and Antonin Scalia, in warning that "Today's casual embrace of taxation imposed by the unelected, life-tenured federal judiciary disregards fundamental precepts for the democratic control of public institutions... [The Court's] assertion of judicial power in one of the most sensitive of policy areas, that of involving taxation, begins a process that over time could threaten fundamental alterations of the form of government our Constitution embodies ... The power of taxation is one that the federal judiciary does not possess." Quoting Judge Robert Bork (remember him?) to back up his sentiments, Professor Roberts (op.cit.) warned: "As a result of the court's ruling, anyone who continues to hold municipal bonds or real property -- including their homes -- would be foolish, because federal judges can now wreck the tax base of any state or municipality and destroy real estate values by running up property taxes. It is possible that the American people won't accept the usurpation of power by the judiciary, which in effect turns our legislative bodies into a cloak for judicial tyranny. However, so far they have accepted everything else -- routine release of dangerous criminals, destruction of neighborhood schools, busing of their children, racial quotas in university administrations and work-places. We have become an effete people since the time our ancestors condemned King George III 'for imposing taxes on us without consent' and for taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the forms of our Government."
There is one hope of defeating this judicial tyranny. The April 28th issue of _Human Events_ which we have just received as we write this Report, contains the following information:
"In the wake of the Supreme Court's astonishing 5-to-4 decision that says federal judges may order local governments to increase taxes... Sen. Gordon Humphrey (R-NH) thinks he can make headway with S-34, the _Judicial_Taxation_Prohibition_Act_. The measure which had 10 co-sponsors before the decision, would flatly prevent judges from compelling state or local authorities to impose new taxes or raise old ones... Humphrey's bill is now the only vehicle available to block further judicial tax tyranny."
As serious as was this granting to un-elected federal judges the power to tax, an equally important decision had previously been handed down by the Court in regard to the Fourth Amendment's protection against search and seizure. The Amendment states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..." But the present treasonous Supreme Court disagreed. The excuse for making it easier for police to search and seize people's private property and papers was probably the so-called drug war. But the intent also made it easier to seize and confiscate guns. Anti-gun legislation is not popular; so why not just stage a raid, seize and confiscate whatever weapons citizens might have with which to defend themselves? Weakening the Fourth also could nullify the Second Amendment. So, in a case possibly designed for just such purpose, the Court "gave police broad new (and unconstitutional) authority to conduct sweeping searches in private homes," said an article appearing in the _Amarillo Daily News_ of Marcy 2, 1990. The article said: "The Court decreed that police may search throughout a house when they have a reasonable suspicion there is a hidden danger to the arresting officers, even if the arresting authorities are interested in knowing how this violation of the Fourth Amendment works in actual practice, then consider the Franklin Sanders case. A small army of various types of officers, all supposedly raiding in behalf of the IRS, invaded the Sanders home, arrested and jailed Franklin and his wife, isolated, tried unsuccessfully to intimidate and harass their children for hours. Being Christian children they were made of stern stuff. They confiscated all of Franklin's papers and computer ware. The officers also arrested the Pastor and Elders of the Presbyterian Church where the Sanders family worships. Undaunted and praising God for his ability to continue in his calling, he's out on bail ($100000). This one-out-of-scores of examples of how totalitarian tactics are being employed in the United States should awaken everyone to the dangers facing Christian American families in this "era of merging."
This Supreme Court's decision amending the Fourth's protection against search and seizure is doubly dangerous because it tends to "legalize" a law passed by the Oklahoma Legislature and signed by Governor Bellman. An Oklahoma patriot, Margie M. Martin, of Texhoma, OK, has been fighting this law, almost single handedly because the media, even the supposedly conservative media, fail to give her the support she deserves. This is a law (House Bill 1750) that makes every item owned by every Oklahoma citizen taxable. It also provides that officers may enter a home and check and record every item (including guns, of course) in the house. We haven't a copy of this 96 page bill, but _The Christian World Report_ of May 16, 1989, gave an excellent report which we copy.
"The citizens must provide a list of all their possessions to the government. This list must include everything from watches to farm tractors. Citizens who fail to give the list are paid a visit by a government agent. If denied entry to the citizen's residence, the government agent later returns with a warrant, enters the home and compiles the list. Is this country the Soviet Union or the Peoples Republic of China? No, it is Oklahoma in 1991. In the last legislative session, House Bill 1750 was passed by the state legislature and signed into law by the governor... The measure goes into effect January 1, 1991. The law reads:
"On or before January 1st of each year, the Oklahoma Tax Commission shall prescribe for the use of tax assessors, suitable bank forms for the listing and assessing of all property, both real and personal. These forms will then be furnished to the taxpayer for listing all personal property. From January 1 through the end of February, the country assessor must set up a temporary office in each town in the county for a minimum of one day each to allow the taxpayer to submit the list. The assessor must then be present at the county seat from March 1 through March 15 to receive lists not turned in at the temporary offices. Personal property, for the purposes of ad valorem taxation, includes: All goods, chattels and effects: -- All horses, cattle, mules, asses, sheep, swine, goats and other livestock; -- All household furniture, including gold and silver plate, musical instruments, watches and jewelry; -- All wagons, vehicles, or carriages and all farm tractors, implements or machinery; -- Personal, private, or professional libraries; -- All other property having an actual, constructive, or taxable status. Taxpayers failing to provide the list will be visited by the assessor. Prior to entering the premises of any taxpayer for purposes of discovering household personal property located within a commercial place of business, the county assessor or deputy shall request permission to enter the premises and shall state the reason for the inspection. If access to the premises is denied, the county assessor or deputy shall be required to obtain a search warrant in order to conduct an inspection of the interior of the premises. A search warrant may be obtained upon a showing of probable cause ... Property not previously listed, or undervalued, will result in a penalty of up to 20% of the value of the property. At least once every four years, the assessor must physically inspect all real property in the county'."
"H.B. 1750 is a cleverly contrived piece of legislation that I believe was put together by other than Oklahoma Legislators," said Margie Martin. We agree. Who needs the registration of weapons if the authorities, under the guise of property evaluation, can enter your home, inspect all of your personal possessions, having a "reasonable suspicion" that you did not declare certain items, like firearms? This is the case in Oklahoma, and similar legislation is being introduced in other state legislatures. A respected subscriber and correspondent, Dr. Harry Walkup of Worton, MD, wrote:
"We are living in troubled times in which the Keynesian/Fabian, Socialist, Power-Centralizing Revolutionary Strategy is being imposed on us, with its financial policies designed to progressively destroy individual economic, political and cultural independence. This can only be accompolished if our firearms are confiscated..."
Under firearms registration the complete confiscation of weapons would be difficult and costly. But with the death of the Constitution and its Bill of Rights, plus Judicial Tyranny and Totalitarian Legislation, weapons could be confiscated from law-abiding citizens, making slaves of us all. When situations change, plans may also change:
"And He said unto them (His disciples), When I sent you without purse, scrip and shoes, lacked ye anything? And they said, Nothing. Then He said unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one." ( Luke 22:3536 ).
----------------------- from _Don Bell Reports_ -----------------------
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