Whiskey-Tango-Foxtrot – The VA Edition: More Shameful VA Chronicles

Angry Grizzly BearThe Department of Veterans Affairs (VA) – Office of Inspector General (VA-OIG) has released the details of an investigation into a veteran’s death.  The scope of the investigation included several key items, but the main point was that a nurse failed to contact the patient, the patient went without medication for four days, and on day five, died.

The facility conducted an internal review of the patient’s care. The OIG found that the review was incomplete and included inaccurate information, and leaders were unable to determine if an institutional disclosure was warranted.”

Failing to coordinate care is a leadership issue, and the leader’s failures caused a veteran’s death.  With more veterans using community-based care options, VA leaders must coordinate care more specifically, that medical records are shared timely, and communication occurs.  We are several years into expanded community-based care options for veterans; why has the VA not made progress on this issue to date?

Personal storytime, no VA-OIG investigation.  I was forcibly moved from the Las Cruces community-based outpatient clinic (CBOC) to the El Paso VAMC due to the felonious and fallacious charges of being a behavioral problem in Phoenix VAMC because I cannot physically and safely wear a mask.  My new primary care provider, a nurse practitioner, sent me a letter dated 23 July 2021, almost a month after I submitted documents for completion, informing me they do not feel capable of making a medical determination on my ability to drive.  I had submitted some documents from the NM DMV to get a handicap placard and medical clearance for diabetes and my neurological condition.  A medical professional is not capable of making a medical determination.  Oh, the irony is thick with this one!

Irony Examples in Literature That are Just Perfect for a Lazy Day - PenlightenThe El Paso VAMC spearheaded a program for the VA to begin using nurse practitioners and clinical pharmacists as primary care providers to “reduce the burden” on actual medical doctors.  If the nurse practitioner felt medically incapable of making a decision, where was his supervisor?  Where was his leadership support team?  Is the problem with using no medical doctors clear?  Leadership issues abound, and nobody in Congress is taking any action.  Nobody in the VA’s highest echelons of leadership is taking any steps to correct the local and VISN level leadership problems.  Who suffers; the veterans and their dependents!

Back to recent VA-OIG investigations, we find a doctor from Florida sentenced to six years in the federal prison system, plus restitution and asset forfeiture.  From the record, we find the following:

To attain such high volumes of claims, the conspirators used bribes and kickbacks. Specifically, Davidson and his conspirators illegally purchased thousands of DME claims from so-called “marketers.” The marketers, for their part, had generated the claims under the guise of “telemedicine,” but no telemedicine had occurred. Instead, the “marketers” had bribed doctors to sign the DME brace orders that supported the claims. Davidson and his conspirators paid millions to secure the illegal DME claims for submission to Medicare and CHAMPVA.”

GavelHow many conspirators are Federal Employees?  How many are leaders of Federal Employees?  Who else knew and profited, and when will they be held culpable for the crimes committed?  Dr. Richard Davidson (42) had a lot of help to build a $20 Million healthcare fraud scheme; a lot of that help had to come from Federal Employees.  When will government employees finally start being held responsible for the problems they perpetuate?  Where is Congress in scrutinizing this case and demanding the legislative branch take action to stop the fraud?

Traveling to Puget Sound Healthcare System in Seattle, Washington, we find the VA-OIG neck-deep in conducting a comprehensive healthcare inspection (CHIp).  “The Director and the Chief of Staff had served since 2017, the Deputy Director for Patient Care Services and Associate Director had been in their positions since 2018, and the Deputy Director had served since 2019. Survey data indicated opportunities to improve employee satisfaction and reduce feelings of moral distress. Patient survey results showed that individuals were generally less satisfied with their care compared to VHA averages” [emphasis mine].  More thick irony is being dished out here.  Never will the VA-OIG find employees feeling morally distressed and patients being highly satisfied with their care.  There is a causal relationship between the level of moral distress in employees and lack of satisfaction from patients, and the problem is found in the leadership at the local VAMC/VAHCS level!

Knowledge Check!Never forget, the Puget Sound VAHCS is where the wait-list death scandal began before that hospital director was moved to Phoenix.  Thus, to hear of employees still feeling morally distressed in this VAHCS is not surprising, alarming, but not surprising!  To hear that patients still feel cheated is expected, as the VA leaders who took over after the wait-list scandal had been raised in a culture of corruption, where the honest left and the dishonest and disrespectful remained.  Some of the VA-OIG’s recommendations include patient follow-up and exit reviews, care coordination, medication management, and patient safety.  All of which are symptoms of poor leadership!

My wife just asked me a pertinent question, “Can you trust the VA to provide you honest care?”  No, I cannot.  Yet, due to ObamaCare, the cost of seeking outside medical service is so astronomical I cannot afford to participate in my company’s medical insurance plans.  The VA has a dearth of leadership, coupled with too many managers, lawyers, and labor unions.  Yet, who does a veteran complain to?  Congress is deaf to our pleas.  The VA in Washington is missing in action 100% of the time.  The veteran service organizations are all geared to helping get veterans enrolled into VA benefits.  Lawyers cost too much.  The VA-OIG is limited to making recommendations, and the government protects its own against litigation.

ElectionIn a representative government, the highest authority is the people electing officers to government.  Well, I continue to appeal to my fellow veterans, their dependents, and ordinary citizens.  Please, help change the VA!  Vote new blood into a public office dedicated to correcting and scrutinizing, not writing endless legislation that costs too much and increases debt.  Vote new judges into office who will see the problems and not employ judicial overreach to handle issues.  Demand accountability from elected officials.

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

Whiskey-Tango-Foxtrot? – The COVID Vaccine Issue

Dont Tread On MeLet me emphasize; I am not a medical professional!  I am not providing medical advice to or not to obtain the COVID Vaccine.  I am a concerned American willing to put forward his concerns.  I am concerned about the liberties and freedoms being stolen through social fear, spun by the media hype, and pursued relentlessly by government and big Pharmaceutical companies.  Compounded by non-government organizations, businesses, and other groups, whose behavior remains inconsistent with any other viral disease in history.  Please allow me to emphasize a point that is stated in many of the peer-reviewed articles on vaccines, “Safety of these vaccines, when given in combination with other vaccines, is not proven” (section 2.1) [emphasis mine].

NO FearThis particular warning is directly copied from a published paper (2014) on HPV vaccinations in India.  Similar wording has been witnessed on every other vaccine-related research paper I have personally reviewed.  As a variable, multi-vaccines can cause additional problems that makes targeting a single vaccine provided simultaneously tricky.  This is why most vaccines in the United States are now given individually with time between injections to study the patient’s response to the vaccine.

At the start of June, the question was posed, “Was COVID-19 a dry run?”  I am still not a conspiracy theorist!  However, I have more concerns.  In conducting research last week, I found reputable sources declaring that COVID-19 was never about the viral disease itself but creating enough social turmoil to force vaccinations.  A scary and slippery slope indeed.

QuestionMany of my sources have been scrubbed from the Internet on three different search engines between Friday night and Monday morning.  Again, not a conspiracy theorist but a concerned American looking for answers.  During his 17 May 2021 address, the President informed me that since the vaccine is free (monetarily), I have no excuses left not to get the vaccine.  Except, there are still no long-term studies about this vaccine, and I have questions about the interactions between the vaccine and the prescription drugs I already take.  Worse, as a person who already suffers shortness of breath, and since the vaccine can cause shortness of breath, will the vaccine make the current problems with breathing worse?

To date, no provider or vaccine manufacturer has provided detailed data indicating one way or another on these health questions.  I want this clear; I am NOT anti-vaccine, but I need to know.  Multi-drug intoxication leads to death!  Legal drugs, illicit drugs, everyday over-the-counter drugs, and vitamins must be precisely reviewed to protect a patient’s existing health.  Except where the COVID Vaccine is concerned, none of this matters, and I want to know why.  As of 14 June 2021, The New York Times is reporting the CDC is investigating rare heart problems after COVID Vaccinations in more than 800 people.  This fact alone should cease the forced vaccinations for COVID by the FDA.  Why hasn’t the FDA acted already?

The “Reader’s Digest” version of vaccine approval.

Angry Wet ChickenI am not a legal expert or a medical professional; thus, please feel free to correct me if I get some of the details wrong here.  From 1996 to 2006, I watched the human papillomavirus (HPV) Vaccine “Gardasil®” go through the FDA approval process.  I remain especially concerned about this vaccine due to the connections between the HPV human trials in India and the short- and long-term effects the Indian women have suffered since they participated in these trials.  Articles recording the HPV long-term effects are still published in peer-reviewed journals of medicine.

The US Food and Drug Administration (FDA) has statutory approval authority for all sorts of functions where foods and drugs are consumed in the United States.  Similar agencies exist in other representative governments, and the processes can be just as taxing to obtain information from.  The FDA prepared a “Vaccine Development – 101” marketing information for public release.  Which reveals nothing, hides a lot, and answers very few questions, but I included the link for your personal research.Plato 2

The FDA reports there are seven steps from the initial research and development of a vaccine in a laboratory to final approval and continuous monitoring through VAERS.  Vaccine adverse event reporting system (VAERS) is the repository for data on vaccines approved by the FDA.  It is publicly accessible, and you can fact-check how many people have suffered from the COVID vaccine or any other vaccine.  You need to understand the statistical data, so grab your data analysis skills or a friend and deep dive to your heart’s content.

What happens after Research Ethics and Morals are sundered?

Bait & Switch 2Three years before the FDA Approval of the HPV vaccine, the Indian government excoriated the Bill and Melinda Gates Foundation and a local Indian health partner for ethical violations in the HPV vaccine trial.  At the time, this was big news; now, the Big Tech companies are working hard to suppress the data.  These facts are laid down as a framework of before and after for the HPV vaccine trials.  The problems with HPV have not gone anywhere, but the HPV vaccine trials were a prominent and significant moral and ethical issue until COVID came along.  As a point of reference, the HPV vaccine trials in India supplanted the Tuskegee Institute’s abuse of patients as the worse case of research ethical, moral, and legal violations.

The European Center for Constitutional and Human Rights (ECCHR) has covered the HPV vaccine Indian trials quite extensively, and complete information can be researched through their links by following this link.  The background and continuing research on HPV vaccine trials are critical to the COVID vaccine due to the mass human testing and the lack of accountability and responsibility from the parties pushing a vaccine that has left people blind, deaf, paralyzed, sterile, or dead.  The warnings for the COVID vaccine are very similar; the COVID vaccine could leave you in a number of worsened permanent injuries than suffering a couple of days with COVID; yet, COVID was indemnified, the HPV vaccine was not.  Still, those who have suffered have not even gotten a paper apology from the manufacturers, the US-Based non-profits, or the local Indian health partner.

VaccineHence, one can conclude if the population is cherry-picked, lacks sufficient resources, and is in a remote spot, medical ethics can be damned and humans tested with impunity.  The same thinking existed at Tuskegee Institute and led to the US adopting thousands of pages of ethical and legal standards for conducting human research.  Except, when fear is great enough, the media is hyping enough and peddling the Kool-Aid, and the government suspends their own rules and regulations, you can get FDA approval in record time with no long-term studies on effectiveness or even tolerances for safety.

America is in trouble when the US Constitution can be flaunted, and judges can legislate from the bench that employers can make employment contingent upon forced vaccination.  This case, and several others, will eventually end in the Supreme Court.  Will the milk toast judges, specifically appointed to protect our Constitutional Rights, waiver on the freedom and liberty clauses, or will they purchase a backbone and stand against the continued encroachment of rights and liberties in the name of kowtowing to the manipulated media and influenced government bureaucrats?  I would never have thought ObamaCare would have withstood the smell test and the life, liberty, and pursuit of happiness clauses in the US Constitution, and we all know how that worked out!Why

With all the hype, media attention, and focus on the vaccine and not disease prevention, I can only ask questions.  Why is COVID being treated differently than every other viral disease in history?  Who is making money on the vaccine, and why is the vaccine being forced upon healthy populations that would do better without the vaccine?  Science abounds that claims if you are healthy, without co-morbidities, you can survive a case of COVID-19 (SARS-Cov-2), and be your immune system would be more beneficial than if you had the vaccine.  Why is everyone focused on vaccination when the mortality of this virus is significantly less than its nearest viral infection neighbor?  Why is the media focused on forced vaccinations; shouldn’t the press be pushing for revealing the truth, not drinking the Kool-Aid?

Knowledge Check!On 09 June 2021, The New York Times reported that the current COVID vaccine would “probably need booster shots.”  Why does this remind me of the continuous security updates to my computer?  Since the original COVID-19 virus is dead, what is the vaccine protecting us from?  Viruses mutate, frequently, often, and repeatedly; this is well-known to virologists who often repeat this fact in their research.  Yet, the media appear to be stuck on one variant, the original and then come up with crazy names for new variants.  Like naming weather systems and storms.  All this does is continue to spread fear and knee-jerk reactions, powered by emotional hyperbole. So why get a booster shot for a new strain?  Isn’t this a sneaky way of keeping the emergency going and emergency funding from the government flowing into Big-Pharma’s pockets?

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

NO MORE BS: Caution! Dangerous Waters Ahead!

Bird of PreyTwo events this week present a need for lovers of freedom to be very aware of what is happening in the halls of the capitols of America.  In the first event, we passed the ignominious first anniversary of the death of a criminal.  The second is the continued stress and strain to maximize what has been dubbed “The Capitol Riot.”  In both events, we see plastic words thrown about like seeds ready for planting, and we see how the media continues to fan flames of Trump Derangement Syndrome to the dismay and disaffection of all.

Frankly, I detest being reminded of George Floyd; I have had my fill of the riots, the terrorism, the media, the politics, and the defamation of the police over this incident.  Hero or criminal Derek Chauvin and his family have been sundered by overzealous media reporters.  Hero or criminal George Floyd and the arrest have been so twisted, manipulated, and politicized that the truth has become the only real casualty in this entire debacle.  Several facts remain, stuck like gum on the underside of a school desk.

      1. George Floyd had a heart condition. The severity remains wrapped in medical and legal jargon so deep it would take an army of doctors and lawyers to decipher.
      2. George Floyd had several different drugs in his system when he died, including Fentanyl. In case you have been living under a rock, Fentanyl is a powerful opioid that carries the following warning, “High risk for addiction and dependence. Can cause respiratory distress and death when taken in high doses or when combined with other substances, especially alcohol.”Thin Blue Line

Is that warning pretty clear?  Mixing Fentanyl with any other drug runs the risk of exasperating current health conditions, such as a heart condition.  Mixing Fentanyl into a drug cocktail runs the risk of a multi-drug intoxication, and as the VA has proved, multi-drug intoxication can take harmless drugs and vitamins and kill!  Fentanyl and Methamphetamines were found in George Floyd’s blood during the autopsy, producing the probability of a multi-drug intoxication.  Between the politics, the terrorists masquerading under the media’s protection as peaceful protestors, and the chutzpah of the judge, Derek Chauvin, and his family have been ostracized and attacked mercilessly.  George Floyd passed counterfeit money, had illegal drugs in his system, had a heart condition that he might or might not have been aware of, and the stress of fighting police killed George Floyd.Dont Tread On Me

The fact that the media refuses to name any of these facts announces in terms unrepentant how biased and deadly the media considers themselves to be.  The press continues to spout lies. Every time the media opens its collective mouth, the disregard for their heritage and position in this Free Republic is shunned and denied for personal gain!  The media deserves to be held complicit in lighting the fires of terrorism that so many cities have suffered.  Justice needs to be served cold and raw to the corporate media!

        1. Toxicity levels of Fentanyl depend upon body mass, amounts taken, other drugs or alcohol present, and when those drugs were consumed. The experts vociferously disagree on the toxicity levels in George Floyd’s body at the time of death.  Everything discussed in court regarding toxicity levels is hyperbole and a personal opinion from paid professional witnesses.  Do not allow the details to mask the facts, or the media will lead you around by the nose!
        2. As discussed previously, the holds the police chose were legal and acceptable until the corporate media went ballistic and needed an excuse to blame the police for the death of a man passing counterfeit money and using illicit drugs. Who when approached by police for questioning, began to fight the police.  How can a person conclude that Fentanyl was illegal?  Not a single doctor has come forward claiming they prescribed the Fentanyl for a medical condition.  How and where did George Floyd obtain the Fentanyl?Why

So, celebrate George Floyd if you choose.  That is your decision.  I support your decision to make your own choices, and may you enjoy the consequences as you prefer.  But, I weep for Derek Chauvin, who became a political sacrifice for the rabid media and politicians who needed a scapegoat.  Should George Floyd be alive today and standing trial for passing counterfeit money and possessing illegal drugs: yes, except he chose to fight the police.  George Floyd chose to place dangerous drugs in his system.  George Floyd did not care about his health before engaging with the police in combat; why should I care about George Floyd’s death?

Knowledge Check!My concerns are for the living, the innocent, and those left to clean up this mess, which has been exploited by, and exasperated by both politicians and the media to the Nth degree.  I am not indifferent to the suffering of George Floyd’s family, but wasn’t his family already suffering from his choices?  For the record, I am sorry he is dead; yet his death does not, in any way, shape, or form, justify the damage and terrorism that the United States has witnessed in his name!  I am sorry George Floyd died while in police custody, but his choices came with consequences.  Unfortunately, those consequences have now included so many others; the damage is beyond count.

Why is the George Floyd case so dangerous?

The media has taken a deplorable incident and turned it into a terrorist-feeding frenzy, where justice is robbed, mercy is denied, and innocent victims are destroyed mercilessly as “collateral damage.”  Private property destroyed!  Public property and businesses put to the torch—employees beaten to satisfy the appetite of the terrorists, all for the media to revel and parade.  Consider this pattern, for it has been being developed over incident after incident until it is a money-spinning machine.  Play the race card, use the continuously aggrieved populations in society to whip up emotions, and turn them loose for the cameras.  Then report how the problems are always someone else’s fault, and how more money needs poured into social programs, then lie and half-truth through every event to keep the machine spinning money!Plato 3

Ask the media, when will they be reporting on the criminals who looted stores before burning them to the ground?  Will these criminals get the same 24/7 media-feeding frenzy and biased judge and jury?  Will the employee victims ever see compensation and justice?

The Capitol Riot

In making the following statements, I am not in any way denigrating the losses on 9/11; nor, am I belittling the actual loss of life during the Capitol Charade being called a “Riot.”  Any time lives are lost, there should be repercussions for those taking lives, investigations, and all the facts revealed.  However, any lawmaker who attempts to equalize the 9/11 terrorist attacks with a staged riot on the Capitol is denigrating, deriding, and insulting the memories of lives lost!  Unfortunately, the politicians are trying to make political hay on the Capitol Riot, making me sick!

Plato 2I watched the capitol disturbance live and in color.  I have seen the video footage of law officers guiding people into the proper rooms. I have witnessed the debacle from end to end. While I am not an expert, the entire episode reminds me of Kabuki Theater, not a spontaneous attack on the Capitol.  While I decry the damage done, I think those attempting to steal were idiots. I fully support law and order conducting a full investigation, including where the buses came from and who bankrolled the Kabuki Theater being passed off as the Capitol Riot.

Yet, let us be clear, from the day of the Capitol Kabuki farrago to today, the politicians have continued to attempt to steal liberty and freedom, using the pattern established from 9/11 and the excuse of safety for the politicians.  Let me remind you, you serve the people; since you have chosen to live like feudal lords over the serfs, you have broken the promise and oath of your office, and you and your staff need to be fired from public service!

Knowledge Check!The Patriot Act has been the single most freedom-sucking bureaucratic life support measure, only surpassed by ObamaCare in my lifetime, coming in third to the United Nations debacle!  Enough is enough!  Hiding behind police officers while destroying America is not appreciated by those who live here, and politicians need to be held accountable with their staff.  Continue to make excuses, hide, and refuse to represent us, and the ballot box is waiting!  The media is like a snake, soon they will bite you, and I hope they bite hard; think Nagini and Mr. Weasley from the fifth Harry Potter book.

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

NO MORE BS: Climate Change is GOVERNMENT CONTROL!

Angry Grizzly BearTo some of you, I am preaching to the choir; but sometimes the choir sings better when they have more knowledge.  Please help sing louder.  To others, what I am about to say is so far out of your current understanding that your brains might hurt; I am sorry.  You will never understand snowflakes and trolls, but I am willing to take that chance!

According to the Wall Street Journal, the fraudulent president, President Biden, is taking the same plan President Obama used to restrict America to a Climate Change job-killing pogrom!

Mr. Biden is essentially doing an end-run around the Constitution, which requires approval by two-thirds of the Senate for the President to enter a treaty. The emissions reductions that foreign leaders pledged on Thursday aren’t legally binding, but Mr. Biden intends to use regulation to bind Americans.”

This single statement should scare every American, whether you believe in Climate Change Hype or not.  President Obama and now President Biden refuse to act within the law where climate change is concerned.  This means there are nefarious problems, greedy hands, and legal issues the sitting president is trying to keep hidden from American citizens.  Unfortunately, this is just the beginning of the Climate Change Pogrom Plans that have been made public.Problems

What is a Pogrom?

A pogrom is a violent massacre or destruction by a government entity against its own citizens.  Nazi Germany changed the law, then massacred legally their Jewish, Catholics, Handicaps, mentally handicapped, and other aspects of undesirable citizens.  Stalin and Mao have used pogroms to murder, execute, and destroy their own people, neighbors, and many others.

Why is Climate Change a Pogrom?

From the Wall Street Journal, “Businesses will be conscripted as foot soldiers in the progressive war on fossil fuels.  America’s founders believed that the Constitution’s separation of powers would safeguard individual liberty, but this assumes Congress guards its power” [emphasis mine].  The separation of powers was supposed to stop this madness.  As President Obama demonstrated, there are loads of chicaneries the legislative branch can get away with, and Congress and the Judicial Branch refuse to exert their powers.

Millstone of Designed IncompetenceNow, let’s talk about the 10-year plan, a $2.3 Trillion plan that is a “more-than-infrastructure proposal” but is nothing but the Green New Deal in disguise.  So far, the best record for the details that have been released comes from DailyMail.com.  We need to be clear, not all the details have been released, but those released details should scare every person in America into action against this power seizure!

  1. Biden vowed that America would be “on a path of a zero-emissions economy by no later than 2050.”
      • Where is the US Congress in agreeing to this plan?
      • Where is the complete plan laid out for the American People to review and approve?
      • America is a Republic (if we can keep it), and I do not see anything that reveals this information, neither does DailyMail.com.
  2. From experts, to reach a zero-emissions economy, the following will have to occur within the next 10-years:
      • All meat consumption, especially red meat, will have to drop to less than 4 pounds a month per American, or roughly 90% of today’s consumption rates for red meat and a 50% cut in all animal consumption. Essentially, America would be on a 0.18 ounce of meat per day for protein.
      • Every single American will have to buy an electric car, currently a $55K investment.
      • Electric heat, solar panels, windmills, and more would have to be drastically increased, increasing the cost of electricity to roughly $5700 a month for heating and cooling your home.
      • The costs of the plan, to start, begin at $2.3 Trillion. If ObamaCare is any indicator at how fast cost estimates by the government are surpassed, a closer cost estimate is around $500 Trillion!  Don’t forget the farrago that was the ObamaCare Website!  Including:
          • $85 Billion for infrastructure modernizing public transit.
          • $174 Billion replacing lead pipes and modernizing drinking water and sewer systems.
          • $100 Billion to protect nature-based infrastructure.
          • $40 Billion for housing infrastructure.
              • What does this mean?
          • $100 Billion for upgrades to the electrical grid.
          • $100 Billion for new public schools.
              • Why?
              • Isn’t this a state issue?
              • Aren’t I, and every other American, already paying for school modernization?
          • $10 Billion for upgrading federal buildings.
              • Why isn’t this already occurring?
          • $35 Billion for investing in climate science.
          • $10 Billion for an enforcement arm, called the Civilian Climate Corps.
  1. How many dairy farms, ranches, and other animal husbandry jobs will be lost to reduce protein intake to 0.18 ounces daily?
  2. How many restaurant jobs will be wiped out due to the costs that will disproportionately fall upon the reduced middle-class and lower class of people?
  3. How many American jobs in Natural Gas and Oil fields will be lost to other countries that do not have to follow the same plan to reduce emissions?
  4. How much of the economy will be sacrificed for science projects and liberal pipe dreams?
      • Public transit systems are a colossal waste of tax dollars just for inner-city transit; how about intra-city transit?
      • AMTRAK hasn’t been able to turn a profit on carrying people between cities ever; how does modernizing public transit improves the loss of taxpayer dollars down this well of liberal insanity?

Andragogy - LEARNRemember, our pattern for this insanity is from President Obama, who had a comfortable first two years due to a friendly House and Senate. They could not do these enviro-legislation issues due to US Constitutional problems, so President Obama used executive orders.  Again and again, climate science has proven to be a money-sucking black hole for taxpayers while the limited few buy new jets, new luxury yachts and force restrictions upon everyone else.

ApathyHow many people will die from the cold or the heat due to the cost of electricity, electricity failure, and not having a backup or tertiary source for heat or cooling?  Every year America sees people die from the cold and excessive heat.  Want a pattern for how higher electricity costs and liberal-brain dead solutions work; let’s look at California.  Last year, loss of power killed people on medical equipment, where electrical lines were not properly maintained, sparked fires, and rolling brownouts are common.  Now that you see the middle and lower class sacrifices, ask yourself, did Speaker Pelosi (D) or any of here Hollywood and political buddies suffer any inconveniences from brownouts and loss of electrical power?

LookHey Speaker Pelosi, how big are your freezers and refrigerators again?  How many do you have in your walled mansion?  How much electricity do you consume?  Climate scare is a method for an unconstitutional power grab, plain and simple, and every single American needs to be actively engaged in fighting these restrictions!  The fight for liberty is cloaked in “Climate Science,” and every nation on earth has been infected with this power-grabbing sickness where politicians win and the citizens lose!

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

Republican Government: The Judicial, the Executive, and the Legislative

Disclaimer:  Calling America a Republic is the correct form of language to describe America’s Governmental system, it does not refer to the political party of the same name.  Referring to America’s government operations as democratic, does not refer to the political party of the same name.

The US Constitution set forth three separate and equal branches of government, possessing their own powers, authority, and processes for governing America.  The problem America is facing right now, the legislative especially, and the executive too frequently, have abnegated their powers to the judicial branch until it is quite common and acceptable for a Speaker of the House of Representatives to rely upon the judicial branch to ascertain intent of a piece of legislation, instead of fixing the legislation in the House of Representatives and the Senate.  So, since America’s schools have refused to teach this coequal system of government, and have bastardized the US Constitution, the following is produced.

The executive branch of government is where a person finds all the bureaucrats, or government employees, who exert the government influence through their decision-making authority granted them by elected officials.  This is one of the reasons why certain offices in government need both the Mayor, Governor, or President’s approval and the approval of an elected governing body, city council, State or Federal Senate.  The US Constitution put in place multiple checks and balances between the three coequal branches of government to ensure that no single branch could dominate all the branches or government.

The legislative branch, which includes city councils, state Houses of Representatives and Senators, and Federal House of Representatives and Senators, write the laws the executive branch is mandated to uphold and serve.  Thus, the will of the people in establishing laws through representation was established.  Therefore, legislators and senators have such tremendous power as to attract the special interest groups in our representative government.

The judicial branch does nothing more, or less, than interpret the constitutionality of a problem brought before a judge.  Criminal judges have a slightly different and more expansive role, but the constitutionality of an action remains the core and the boundaries of their power.

Inherent in the republican form of America’s government is the fundamental belief that there are boundaries and restrictions to action.  This is called the US Constitution.  Not to be confused with Federal, State, and Local rules, laws, and procedures.  A city ordinance is not the US Constitution and if that city ordinance is deemed unconstitutional for the state or federal constitution’s, a judge should declare as much and return the core issues to either the executive or legislative branch for correction.

We must be clear on this issue, the judicial branch can levy fines to encourage behavioral changes, but cannot, and should not, legislate from the bench.  Yet, when the legislatures refuse to enact laws that are fair, just, and timely, it has become common practice to run to a judge and get a judicial ruling.  Thus, causing chaos in the citizenry, and developing a new term for legal scholars, Lawfare.

Judicial Activism is where a judge declares that the US Constitution is a “living document” that should bend to every conceivable contemporary value.  Judicial activism removes the voice of the people from the legislative branches of government and interposes the opinions of a couple of judges as being more valuable than the will of the citizens.

Judicial restraint requires intestinal fortitude and limits the powers of judges to the US Constitution and state constitutions.  Judicial restraint is not popular and as such is regularly castigated by the media and those showing judicial restraint have aspersions, insults, and problems set before them.

Here are several examples of judicial overreach, e.g. judicial activism, that support the problem of legislatures or executives writing bad laws or executing poor policies, and demanding the judicial branch sort out the problems.  Where chaos in the citizenry ensued.

  • June 2015 – Horne v. Department of Agriculture, the Court ruled that a federal program requiring raisin growers to set aside a percentage of their crops for government redistribution was an unconstitutional “taking” under the Fifth Amendment.
    • An extension of judicial overreach from In United States v. Rock Royal Co-operative, Inc., 307 U.S. 533 (1939), the Court sustained an order under the Agricultural Marketing Agreement Act of 1937, 50 Stat. 246, regulating the price of milk in certain instances.
    • The Agricultural Marketing Agreement Act of 1937 was a New-Deal Agricultural order that allowed the government to seize personal property from farmers, dairymen, etc. and give it away, to regulate prices across America. This is the same time where the power of the USDA began to rise and property began to change its definition as elaborated by Charles Reich in the 1960s.
    • Judicial activism allowed the government to break the fifth amendment of the US Constitution, and the practice continues to this very day by bureaucrat’s hell bent on destroying personal property safeguards in the US Constitution.
    • The legal precedent was set by another case of judicial activism in the Pennsylvania Coal Co. v. Mahon 260 U.S. 393 (1922), was a case in which the Supreme Court of the United States held that whether a regulatory act constitutes a taking requiring compensation depends on the extent of diminution in the value of the property. This decision started the doctrine of regulatory taking and features prominently in the legal grounds for Eminent Domain.
  • June 2005 – Eminent Domain, Kelo v. City of New London by a 5-4 majority, it affirmed the city’s right to seize private land as part of an economic development plan—a redefinition of the “Takings Clause” under the Fifth Amendment. The US Constitution states clearly that, “private property [shall not] be taken for public use, without just compensation.”
    • Until this decision the Eminent Domain and Taking Clause had been strictly and rigidly defined. Five judges who believe in judicial activism opened this “Pandora’s Box,” and the havoc has been nonstop ever since.
    • What was in the “Pandora Box;” before Kelo, eminent domain had been limited to direct government ownership, excluding property transfers to private corporations. With Kelo, the question of whether economic gain, resulting from a “taking” for corporate interests, constituted “public use” finally came under Supreme Court scrutiny, and five judges declared that if a corporation has interests, those interests are the same as government interests.
    • As proven by Eminent Domain, corporate interests change with economies and when corporate interests change, the property holder does not get their property back, and if seized under eminent domain, the government can choose what the value of the property is worth.
    • Ever want to see the power of bureaucrats in action, look at the abuses that property owners have suffered through eminent domain. Ever want to see why judicial restraint is critical, look no further than the still undeveloped land in the Kelo case!
  • January 2011 – Obamacare, everyone should remember all the chaos that ensued in this political tug-of-war between the legislative branch and the judicial branch, with a healthy dose of political grandstanding thrown in for good measure by the executive branch.
    • A judge in Florida issued a decision in a case filed by 25 Republican Attorneys General and Governors striking down the Affordable Care Act.
    • Twelve federal judges have already dismissed challenges to the constitutionality of the health reform law, and two judges – in the Eastern District of Michigan and Western District of Virginia – have upheld the law. In one other case, a federal judge in the Eastern District of Virginia issued a very narrow ruling on the constitutionality of the health reform law’s “individual responsibility” provision and upheld the rest of the law.
    • Worse, there remain multiple issues in Obamacare yet to be decided by the courts because the legislature refuses to clarify, act, or even respond to judicial opinions.
  • Continuous Issue (1973) – Roe v. Wade, 410 U.S. 113, was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects a pregnant woman’s liberty to choose to have an abortion without excessive government restriction.
    • A little history on this subject, 1820s and 1830s abortions were common through the fourth month of pregnancy and herbs, pills, and other home remedies were prevalent for use. Then, the physicians of America and the government stepped in to prevent poisoning and assert control over home remedies, midwives, and other medical opinion providers of the time.
    • New York was the first state to legalize, or codify into law abortion, as a public health measure to improve the lives of women. But, the abortion industry had not begun targeting black and non-white communities.  The first women getting abortions mainstream were, a middle- or upper-class white married women.
    • Original feminists opposed abortion practices and wanted only voluntary motherhood through the “right of women to control sex with their husbands.”
    • The original laws banning abortion were enacted to humiliate women who had to discuss their bedroom affairs with the executive and judicial branch representatives.
    • Judges made the decisions to outlaw abortion, through judicial activism because it was taking the legislative branch too long to enact laws the special interest groups, the American Medical Association (AMA), wanted.
    • Judges then made the decision to make abortion on demand legal, through judicial activism, because again it was taking too long for the legislative branch to act and enact the appropriate laws.
    • Thus, judicial activism and abortion have a long and sordid history of causing chaos in America since at least the 1840s. Hence, when a person discusses Roe v. Wade they are only discussing the abortion on demand industry, and not the whole problem of judicial activism on this issue.
  • June 2015 – Homosexual Marriage. The executive branch of government, almost as soon as America was codified into law, began regulating marriage between a man and a woman, based upon Judaeo-Christian understandings of marriage.  By regulating marriage, the government gained a revenue source, a control mechanism for the behavior of the population, and set legal precedents for what is and is not considered a marriage by the state.  Each state adopted their own legal precedents, guidelines, rules, laws, and so forth leading eventually to 50-different opinions on marriage.
    • Important to note, nothing in the US Constitution requires the definition of marriage for all 50 states, nothing in the US Constitution prohibits the state executive branch to regulate marriage. The executive branch acted to regulate marriage licensing as a control measure on individual morality, e.g. the number of wives of husbands a person may have, marriage to animals being forbidden, etc.
    • Five judicial activists decided that all 50-states need to adopt homosexual marriage and exerted their opinion accordingly through the courts. This decision has trumped the executive and legislative branches of government, stolen the individual citizen’s voice, and created untold havoc and uncountable expenses for every person in America.
    • A marriage license and a driver’s license are both executive controls on the population through government setting rules, regulations, and policies. The definition of marriage is a state right’s issue, as the individual states claimed they have the right to regulate marriage when they individually began issuing licenses to marry or drive.
    • For or against homosexual marriage is a state right’s issue, not a Supreme Court, or Federal Government Issue. Hence, the judicial activism that drove this decision is the problem, not necessarily how the judges expressed their opinions.  This decision is a clear-cut example of needing to return a judicial decision to the states to decide through legislative action.

Judicial activism has been carefully cultivated into America, so that every time there is a problem, the solution is to grab a judge and demand a decision.  However, as shown herein, the courts are a gamble, and the worst that occurs is more societal chaos because a judge has overstepped their authority and made unequal the three branches of republican government.  Worse, that judge has rendered the democratic processes of the people’s rights to self-rule invalid, null, and void.

For example, Kelo should have been referred to the legislative and executive branches for a decision, as the “Taking Clause” was constitutional, but rigidly controlled.  But, because the judicial stepped in to “solve the problem,” through adjudication, chaos has ensued, which has forced, at a minimum, 40 different interpretations of the “Taking Clause.”  Which opens a minimum of 80-different potential decisions if the courts decide to take up the Eminent Domain issue again.  Talk about chaos!

The executive branch and the legislative branch must be held accountable for abnegating their duties.  This accountability occurs at the ballot box where the lazy and recalcitrant lawmaker is returned to being a private citizen.  Then, launching a judicially correct investigation into why that person abnegated their duties; especially, if personal enrichment occurred.  Judges are supposed to be held accountable through the actions of the legislative and executive branch taking firm action, not creating new laws.  The judicial branch oversees executive and legislative investigations only to ensure the US Constitution is properly followed.  Proper checks and balances!

However, there is a caveat to the US Constitution provided by the second president of the United States, John Adams.  “Our Constitution, [which includes all the separate state constitutions,] [were] made only for a moral and religious people.  It is wholly inadequate to the government of any other [type of person].”  Why has the executive and legislative branches abdicated their duties to the judicial; they are not inherently moral or religious.  Why has judicial activism exploded; the people in office are not moral or religious.

Thus, the solution for America is to begin hiring through the election process morally upright and religious people.  Every vote, in every election, matters.  Those on the political left understand this policy and use it as a weapon to create enmity and negate the power of the people to self-government and republican rule through democratic processes.  Make the time, get knowledgeable about candidates and issues, and then vote!

© Copyright 2020 – M. Dave Salisbury
The author holds no claims for the art used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the pictures.
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