Austin Constitution Meetup 2010/10/25
Jun 5, 2025
Jon Roland leads discussion on Health Care Act and litigation about it, and various other topics.
View Video Transcript
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good evening this is the october 25th 2010
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meetup of the austin constitution meetup i'm john rowland
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and tonight we're going to be discussing several things i have been asked to talk about a little
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bit about health care so
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i'm going to do that by referring to the current state
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of the
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healthcare litigation
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that has been launched
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attorney general mccullum of florida uh file the initial
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petition in federal court there
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and 19 other attorney state attorney
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generals signed on to it which might sound like a fairly
1:23
powerful array of people backing it
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however there are some problems
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the litigation
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was drafted by an acquaintance of mine
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david rivkin uh basically a libertarian lawyer
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and he had drafted it based upon the state of the litigation
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i mean of the legislation before it was adopted
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while was still being debated in congress so he tried to get ahead of the game
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expecting to file a lawsuit on it immediately after it was adopted
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and unfortunately the way it was written up was not for
2:30
the bill that actually got adopted so
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we have a problem in that sense
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congress has last the last couple of days
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before the bill passed
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changed a couple of things
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and what they change is significant because what they did
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is they made two introduced two provisions one of which
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forbade the irs which is the collection agents
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for the mandatory health insurance to levy
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and the second of all it forbade them to lean on taxpayers in order to collect the
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insurance premiums now usually when
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people contemplate the irs collecting money from people
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they think in terms of them either living or leaning now to explain
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the difference for those who will be viewing the video and may not be familiar with the difference
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the levy process basically is taking the money out of
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your bank account and the leaning process
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is putting a lien on your property especially real property
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and then foreclosing on it
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however if they can't use either method
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to collect and of course the question immediately arises
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well how can they collect on the insurance premiums
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and the answer is that they can't collect directly
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they can't send an agent out to collect the premium from you
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all they can do is to
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if they have money of yours that they've already collected is to not give it back to you
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so for example if they have your employer collecting money
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as withholding and he has
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sent the money into the irs and you've filed your taxes
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without paying the insurance premium as part of your
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1040 return
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the ri of what the irs would do is send you a notice of deficiency
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saying you still owe this amount of money which would probably be about 800 if you paid everything else that in
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the normal course you think you would owe look you're looking generally around
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seven to eight hundred dollars maybe a little more for the insurance premium
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so if you said that well the insurance premium is
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unconstitutional i don't want it i'm not going to pay for it and it says well we've already you've
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already paid for it we got the money now we're going after your regular taxes
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and they're in law what you a person can do
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in that situation you can sue to get the money back but you have to pay everything they claim you owe
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so you would have to pay the additional 800 that they're billing you for
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but if they decide to tack on interest and penalties and a bunch of other stuff
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they could run up a six thousand dollar tax bill say
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to sixty thousand you know that's a matter of a few strokes of a pen
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so suddenly you're having to pay not six thousand dollars but sixty thousand dollars
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plus attorney's fees to sue to get eight hundred dollars back
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so that's the way the game is played now when a lot of
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state legislators state doors that were
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thinking about doing leo berman for example drafted a bill
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for the state rep house which would make it a crime for a
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irs agent to come into the state to collect a insurance premium
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well obviously that's not going to work first of all
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if was struck down instantly by a federal court
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if somebody tried to enforce it they'd be arrested for interfering with a federal officer
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um and secondly they and finally the irs agent
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even if you wanted to collect the uh insurance premium wouldn't have to send
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an agent into this into the state at all he could do it from out of state
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or texas without jurisdiction maybe from martinsburg west virginia for
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example um
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so if we we can look at
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here we go here's a summary
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of the key points
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there were six what are called claims for relief
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in the in the litigation in the original petition
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uh the first one was the individual mandate and concomitant penalty exceed
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congressional authority under the commerce clause and violate the ninth and tenth amendments
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now first of all i'll commend rifkin for bringing in the ninth amendment that's gonna
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the ninth amendment has very seldom argued in federal court
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on any case and it will be useful to bring it in
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okay that one was not dismissed
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you can't see the uh the right part of the text there slide the scroll bar over
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well it looks different on mine yeah let's see this
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okay there we go now
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so that one survived at least at this stage
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uh the second one which was dismissed the individual mandate and penalty violate substantive due process
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under the fifth amendment that was dismissed
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the judge gave his explanation why and we'll go into it right now you can
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the opinion is right here you can click on it and read the whole thing
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number three was dismissed as moot and i was arguing if the penalty i
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imposed for failing to comply with the individual mandate is found to be a tax
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it is an unconstitutional unapportioned decapitation or direct tax
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in violation of the u.s constitution article 1 section 9 clause 4
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and the 9th and 10th amendments it was dismissed as mood because
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basically the penalty had not been assessed to anyone
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yet so the the way the courts handle
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uh claims is that for claims for
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actual actions by government officials
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the actions have to have already occurred or be or be imminent
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and these are not imminent until about uh 2012 to 2015
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so they're not anywhere close number four
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this one was not dismissed the act coerces and commandeers the states with
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respect to medicaid by altering and expanding the program in violation of article 1 and
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the 9th and 10th amendments now this is the one
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claim that allows the attorney generals to stay in
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so that's the only thing that these hope that they've got going for them in this case
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and it's not clear that they're going to be able to effectively argue
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that the states are commandeered when medicaid itself
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is optional state doesn't have to accept it
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and the court is very likely to conclude that well you can avoid
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the coercion and commandeering by just not accepting medicaid just opt out of the medicaid program
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number five which was dismissed it coerces and commandeers with respect to the health benefit exchanges in
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violation of article 1 and the 9th and 10th amendment and he explains why
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he dismissed that and then number six was dismissed the employer mandates
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interfere with the state's sovereignty as large employers and in the performance of government functions
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in violation and so forth again this was dismissed
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because essentially the judge is saying let's decide this case on
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claims number one and number four only
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now what is the problem with number one i indicated why i thought number four was not going to
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survive with number one we run into the problem
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of whether or not the pen it is the penalty is a penalty in other words a kind of criminal
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uh sanction or whether it's a tax
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it says it's a penalty in the act but just because it says it's a penalty
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doesn't necessarily make it one uh
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so are you saying that they modified the legislation just at the 11th hour so
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that they could avoid um being unconstitutional well to avoid the levy yeah to avoid
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these avenues of attack on the constitutionality so maybe they had access to this text
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they anticipated this text that's why the videos changes at the 11th hour even though well they kind of jumped through hoops
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by doing this well they didn't require them to spy on uh
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david in his study uh these the strategy was being openly
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discussed on the internet and in forums okay you know for months leading up to this so
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that's why they did the convoluted approach to try to get the money in a weird way
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right so they can avoid this right the obvious even though
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so those are doing it to us the the court could decide that it's not a penalty that it's
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really just a tax on on not buying something so the question becomes
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if the courts interpret what congress is doing in spirit even
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though they might have might have gotten away through it through it with a loophole
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if the courts will enforce it in the spirit of the law in the spirit of the constitution the
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courts would still strike them down what they're doing right well they might if they're if it's an honest court if
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it's an honest court now the judge vincent in this case did a pretty
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good job of writing the opinion obviously he put a lot of work into it
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uh it is not a half-assed piece of legal scholarship
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but what it does it does point to the way in which the whole case is likely to be
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dismissed because if
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the irs simply withholds the penalty
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and this may have to wait for an actual case for it to happen and there are some individual plaintiffs
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of this as well as state attorney general it's not just a state attorney general
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see there's an old case from 1923 massachusetts is female
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it's a companion case to frothing and vimela the two cases got
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merged in the final opinion the issue in farthing ham was whether or
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not a person had standing
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to sue if he had not been personally injured and the court ruled that it he did not
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that was the beginning of both the standing doctrine and the cases and controversies doctrine
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under which the court refuses to hear cases unless somebody's either actually
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injured or is facing injury if massachusetts femalin
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the private citizen was being represented in court by his state
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in that case massachusetts the doctrine under which this was done
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as an ancient doctrine going back to hundreds of years is that a state can go to court
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representing the rights of an individual the doctrine is called empires
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patriai and the court struck that down as well
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he said the state cannot represent an individual he has to come into court on his own
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with his own lawyers representing himself now that wouldn't necessarily repeat the
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state paying for his lawyers but for
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essentially what it means was the the eye the individual the private party
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has to appear as the party directly and not undercover of his state
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so what this is likely to be if we knock
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out four here then all that's going to leave is one
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and i'll probably be essentially knocking out all the state attorney generals
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and then they will knock out for the individuals because they haven't actually been penalized yet
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but even if they are um
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if the irs collects the money from the employer through withholding
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then as i explained earlier they now have the
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money the guy files his 1040. it does not include the the penalty
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saying that he doesn't owe it and the irs just
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gives him a notice of deficiency it's okay you still owe
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800 bucks not for the penalty you paid that you now owe it for for
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for taxes regular taxes
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and in order to get the 800 back
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he would have to pay the deficiency on his tax bill
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and there by that time they're liable to load on a bunch of interests and penalties and so forth which they can
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easily do you know very quickly to large numbers so a guy could start with a six thousand
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dollar tax bill uh leave out eight hundred dollars
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they would collect the six thousand charge them for the additional 800 as
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unpaid taxes and then run up the bill to 60 000 and make him pay that
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before he could sue to get the old amount back with the 800 800 dollars
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and of course we don't know if these are people who could afford to pay the whole thing before they sued
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to get it back so this is the way
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the game is stacked against taxpayers by the way i should mention that an
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excellent book on the income tax judicial tyranny on your income tax by
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jeffrey dickstein i've put it up previously
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on my website but now i've also made it a kindle book
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so if you have a kindle or if you have a kindle app on your smartphone
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you can read the book it's an excellent book it it's
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uh not too inaccessible for layman although it does
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of course it is intended largely for lawyers and accountants and people like that
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professionals but you can see how
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the court cases proceeded from case to case and never ever at any point
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established wages or compensation for labor to be
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income subject to taxation they carefully avoided doing that
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so his argument and it's pretty good one given the
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documentation of the cases he provides is that compensation for labor is not income
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definitely get into it but similar arguments could be used for uh
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estate inheritance taxes and uh things of that sort
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so uh it only takes cases up to 1990.
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uh jeff has been under some duress i haven't heard the results but
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he was supposed to appear in florida today on a contempt of court action
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the judge is trying to put him in jail for six months for making the argument
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that the the income tax on compensation for labor
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is unconstitutional just for raising the issue
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so that's where we are right now i'm i'll probably find out later tonight whether jeff's in in jail for six months
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or or what but in the meantime i put his book online and
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we're generating hopefully generate some income from it to pay some of his costs
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so he just get an example of a of a patriot lawyer one of the few who's willing to
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virtually give his life to defending the constitution and the rights of the american people
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and he deserves our support does he have a wife and children
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uh i'm don't think so i think they're all grown in a way okay
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because he had the funds available to no he's having to borrow money just to get to florida
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so he's a tough situation yeah fine as well
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jeffrey dixty yeah i have an email on the subject
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on the assa website does he have friends or family though
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well he has friends but most of them are not able to help him
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here is the notice on
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on the book
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okay now what i've been saying
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and i didn't have time to prepare for this evening uh how i would have written that lawsuit
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i know pretty well how i would write it it would not prevail
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but as attorney general they probably wouldn't throw me in jail for contempt of court if i made the argument
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hopefully if they tried to we might have a little
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standoff for the texas rangers or who knows what might happen
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but what i have advised
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lawyers close to the case is that they need to have a plan b as it
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were that challenges the whole issue
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of income tax and withholding
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now i don't think we're going to be able to go after income tax on compensation for labor
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being unconstitutional but we may be able to challenge
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withholding being used in that way i don't follow the difference
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well in effect you're using employers to collect insurance premiums
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and the the idea would be to attack
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not all withholding but just withholding of insurance premiums
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and if an insurance premium formed any part of
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the money that irs would keep out of the amount withheld
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they would have to refund it in other words
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they can collect it they might try to collect it directly they can't do it through the employer
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it would be a little bit like saying well
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let's say that somebody owe the government money
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let's say for a parking ticket in a national park
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and he had a job okay would it be constitutional
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for them to take the with parking the fine for the parking ticket
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out of what was withheld by his employer applied to paying this fine and then go
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after him for the unpaid taxes
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now the way this argument would work is a little bit subtle and i
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it'd be difficult to go into all the subtleties in a meeting like this
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but it gives you an idea of the way in which
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a person has to strategize litigation in order to have a chance to
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get a favorable outcome sometimes you'd be very creative
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it's a kind of cat and mouse game where you're trying to anticipate everything that the opposition could do
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they're trying to anticipate what you would do and you try to anticipate what they would do if they anticipate what
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you would do and you keep trying to find ways past
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whatever barriers that they might erect in their in their move
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now of course eventually you want to run out of moves but at this stage at least there are still a
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few moves left now the litigation would primarily be
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for political theater the courts are not
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going to rule against the government on income taxes or on any of anything else that
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the irs tries to collect from people if the irs wants to collect for
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child support or uh student loans or
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anything else they might want to collect on we face the same problem
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so the question is can they commandeer a private employer with that matter state employer because
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that's one of the issues here and make him
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pull money out for these other obligations
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so let's say for example that uh this employer withholds just enough to cover
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the regular tax on his compensation for labor
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and the irs says no you didn't withhold enough you didn't withhold enough to cover the
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insurance or trial support or that parking ticket fine or student loans
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or whatever yada yada yada so we're gonna
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find you and penalize you maybe throw you in jail for not having without
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having held that money
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so
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the angle that has to be taken then is to examine
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that alternative but again you're not going to be able to explore that
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until somebody's been injured you actually have to have an employer
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who has refused to withhold and been penalized for it and then you have
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to he has to go to court there are not very many employers who are going to want to do that
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especially either they're too small to fight the government are so big that the
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government is one of their customers and they're afraid of losing business
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when i worked for home depot i got a pretty strong indication
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that somebody probably representing the government
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suggested that i be terminated
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uh or home depot might lose these big contracts with the government
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now i don't know if i got anywhere because i left home depot on a disability
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before anything could have come of that but it does illustrate the way these
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things can work
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so we've discussed a little bit the problem of
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litigating this medical bill
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now let's discuss a little bit my approach of
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nullification now with members of the state
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legislature and several nullification proponents
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mainly that the 10th amendment center have been advocating is just legislators
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passing bills opposing
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this that or the other provision of the health care bill or any other federal legislation that they
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want to try to nullify well if all the bill does is simply
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express disapproval or objection that accomplishes nothing
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if you try to arrest a federal agent that's not going to work
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for example what happens if let's say a federal agent
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commits a crime within a state he uh
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let's let's say he pulls his gun and accidentally shoots an innocent bystander
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and maybe he wasn't so unintentional maybe was the guy was his rival for this girl or
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somebody to decide to eliminate his rival anyway he's suspected of murder
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so the local local va arrests has him arrested
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tries to prosecute him now what's going to happen in that case
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well before the agent even hits the jail
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a department of justice lawyer is going to file a
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notice of removal in state court
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that's a very simple pleading it just says removal
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and to the federal court and i've done it myself
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i've removed a case from state court to federal court just you just file it it's automatic
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at that point the state court is stuck it cannot do anything more with that case
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so then you have to wait for federal court to decide what he wants to do with it
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well the federal court can either hear it or they can remand it back to
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the state court or they could dismiss it in state court in other words they could say it's
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a invalid case you know it's dead but it was killed in federal court not a
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state court
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but federal courts regularly do with federal agents is they
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dismiss the case on grounds that the agent was on duty
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and therefore enjoys official immunity
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now at that point if he did commit murder who's going to prosecute it
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well the u.s attorney could under 18 usc 241 and 242
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but he probably won't it's more likely he got a ripper brand says yeah
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you know you've got to be more careful get some training in this use of your weapon
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you know don't go around shooting people that you know might be rivals for your girlfriend you know
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and maybe or maybe give you a one-week suspension with pay
37:38
that's the way the federal government works that's what they did with lon horiuchi
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who killed wiki vicki weaver and her child
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uh in the in the ruby ridge incident the guy
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was a sniper he pulled the trigger
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killed vicky the local d.a
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tried to prosecute him removed to federal court and immediately dismissed
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so this kind of thing happens all the time so you're saying that's what's going to
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happen to a nullification approach if it was taken well to attempt to arrest the federal agent
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okay that approach will not work and if somebody tried to do it
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they could be arrested for obstruction of justice five to ten years in the federal penitentiary
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so needless to say that's an avenue of redress that isn't
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really going to be available
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the only thing that can really be done is for people
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in a state to refuse to cooperate
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with federal agents when they try to do something unconstitutional
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um they can for example refuse to talk to them
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don't answer any of their questions they can uh if they sit on a jury refuse
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to convict if they are
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state officials or contractors
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they can refuse to cooperate with the feds saying we don't we're not going to give
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you any information we're not going to talk to you we're not going to work with
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you we're not going to go on uh raids with you we're not going to have
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any fusion centers with you okay if you want to pursue this you're going
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to do it entirely on your own and oh by the way uh our public owned utility is no longer
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going to be providing you with electricity water sewer or gas
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if you want to have an op and office here in texas i guess you're going to have to truck
40:27
all those things in
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and we're not going to keep any of your prisoners in our jails uh
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yeah we just we're just not gonna work with you and if they did that's enough of that
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sort of thing very diligently eventually
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the feds would probably have to back down they cannot really afford to do most of
40:57
what they do without the cooperation of local people
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at some point it becomes untenable
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unless it's a really really important issue the chances are that
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nullification of the federal income tax and collection of it
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would probably be too big of one to tackle when the feds might very well sending
41:28
the army and the marines and you know tanks and uh
41:35
bombers and some something like that if if the income tax were in the issue
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but for most other lesser issues probably not
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so you gotta pick your battles now
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what i have proposed and i'm having trouble getting support for frankly
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is what i call a federal action review commission
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now the problem with that name is that it's the acronym is farc which is the
42:14
name of a guerrilla group in colombia he would otherwise make a good a good
42:22
acronym call it nullification commission for for
42:27
sure the idea is to create a grand jury
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23 members but selected not just at random from a
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population but after a screening process they would select for
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people with some legal education but not lawyers not judges
42:50
not government employees and not somebody people on pensions
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so what the nullification commission would be
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empowered to do would be to hear citizen complaints about federal actions being
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unconstitutional and they wouldn't necessarily have to be
43:21
injuries that they had suffered it could be prospective injuries it could just be
43:29
general violations of the constitution that hadn't affected anybody yet
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the grand jury can hold hearings on anything
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anybody can testify to word one on any issue whatsoever
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there are none of the restraints that courts seem to feel they have
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so and of course a grand jury does not have to
44:00
reach a decision on the basis of a single complaint
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they can hear a complaint and a few months later hear another complaint on the same subject
44:12
each time gathering some more evidence and then another and another another and gradually build up a case file
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on this issue and at some point they might feel it's appropriate
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to come up with a finding a report for grand juries called a resentment
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in which they might say something like you know we have reviewed the evidence and find that
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uh such and such an act activity on the part of the federal government
44:45
is without constitutional authority
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now under the commission proposal that would trigger
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non-cooperation by the entire state
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state officials agents and contractors would at that
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point all be forbidden to cooperate with the federal government on the exercise of that power
45:18
they would be shielded from any kind of reprimand or
45:24
reassignment or firing or anything else for violating
45:30
a federal statute in that situation if that's what it involved
45:38
private citizens would also be encouraged not to cooperate
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and part of the proposal is also to create a fund
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state senator king call it a kind of civil defense fund which would pay the lawyers for any
45:57
private citizen who tried to stand up to the feds on that issue
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so even if he lost and went to jail or whatever at least his
46:10
lawyers would be paid his kids would be taken care of
46:16
his law his mortgage would be paid you know his basic expenses would be met he'd be supported
46:24
the state couldn't go in representing him but he could do everything short of that and pay all of his bills
46:33
so with this kind of comprehensive
46:38
system in place we could begin going after
46:44
all kinds of unconstitutional federal actions i would recommend
46:51
starting small i'm not sure that health care itself
46:57
is even the first one you'd want to start with but obviously if a lot of people are demanded that
47:03
you know we could could hardly avoid it but uh
47:11
what you want to do is to pick pick at a few
47:17
get the feds to back down on those then nibble you know keep nibbling away
47:22
at them you take a bite out here bite out there
47:28
you keep biting back you keep biting biting biting until they're pushed back and
47:33
back and back and back anyway that's my approach to the matter
47:40
basically it's civil disobedience but organized at the state level
47:47
who convenes grand juries well once appointed they convene themselves
47:53
who appoints grand juries normally a court appoints a grand jury
48:00
but not necessarily it could be convened by a sheriff or other official what my proposal contemplates
48:08
is grand juries being selected by previous grand juries
48:15
so you'd have an initial grand jury whose only job would be to convene the real grand jury
48:21
and each one thereafter would supervise the convening of the next one
48:27
so what i the process that i envisioned
48:33
would start out by having the grand jury of each county
48:40
because normally they're organized by county some some counties have more than one
48:45
the district court each has one but for each grand jury in the state
48:52
nominates one person to be in a pool for the
48:58
nullification commission and uh
49:04
so now we've got at least 254 or more maybe 300 maybe 400
49:10
uh nominees into this pool within texas within texas
49:18
and what they would do in turn is conduct a sortition process
49:25
to narrow their numbers down to some smaller number let's say 200
49:32
230 some such number and they might though the surviving ones might decide
49:40
among themselves you know who is the best qualified to
49:45
sit on this commission who knows the law best but is you know
49:52
has no connections uh that could be used to you know and duly influence him
50:00
and finally you whittle it down to about 230 and select the last 23 at random
50:08
and those are your grand jury which initially
50:14
a third of them would serve for
50:21
four months a third for six months and a third for eight months
50:28
and then thereafter they would go on a rotating cycle with a third being selected every six months
50:37
so if there'd be a certain amount of turnover all the time and they would have a staff they'd be
50:43
able to hire assistants to assist them in the workload
50:51
and other than that they'd be completely independent they could issue their own subpoenas
50:56
enforceable by any court and
51:02
keep their own records their own meeting times and places they can meet
51:07
electronically if they wish to uh but whatever was convenient with them
51:14
but the important thing was that everybody would know how to contact them and how to bring a complaint to them
51:25
needless to say if we could get something like this instituted in
51:31
at least 10 or 12 states we would begin to have a serious roll
51:38
back of federal use for patients
51:43
after a while a few states saw it being you know working out well for them
51:49
you could have it catching on people in every state demanding we want a nullification commission too
51:57
so it can build on itself to build momentum that's the key to any such reform
52:05
we're never going to be able to win elections on constitutional subjects
52:12
people are just not going to educate themselves to the extent they would have to to do that
52:20
people relate to personalities not to complex issues
52:28
so that's a good point so we have to find ways to leverage
52:36
uh reform that doesn't depend on either
52:41
the public being broadly educated or on a special interest group
52:48
driving the process and the way you do that is you create an
52:54
institution with a dynamic of its own
53:03
now of course he would undoubtedly face opposition there'd probably be a pretty strong movement to
53:09
to kill it that's one reason that i proposed making it a constitutional amendment
53:19
so not not a u.s constitution but a state constitutional amendment
53:26
so you try to entrench it that way to keep it from
53:32
being killed because it would face intense opposition
53:38
we're talking about a you know creating a force for reform that
53:44
uh could revolutionize this country
53:51
i i really like that idea because it's basically taking the grassroots movement and putting it
53:57
inside the actual judicial channel which is where justice is supposed to be realized when it's actually leveraging
54:03
the channel appropriately but it's just leveraging the power of the grassroots movement in that channel and starting it
54:09
at the state entity levels are really going down yeah really right i mean we might have to work out some kinks but i really do think that is an
54:16
area that hasn't really been leveraged i i really do think that's a good idea how do you fund it though
54:23
that's the hard part well the key factor is you'd have 23 people
54:29
who have been a pinch could fund themselves but i do contemplate they'd have a
54:35
budget if they cut off their budget
54:40
they can still function all they got to do is hold meetings and issue reports
54:48
they can issue subpoenas with you know write it out on a piece of paper and and hand it to the with modern
54:54
technology you can actually do it remotely which makes it even tougher to fight it you know that's right
54:59
environment so you can leverage it that way
55:07
yeah well that would be pretty hard to do yeah the internet is designed to resist
55:13
a new thermonuclear war yeah even if the government tried to take it down
55:18
they couldn't do it yeah i don't think the government's actually confident no it's not that's a matter of confidence
55:25
the internet will always reroute around any interruption well i mean they could they could
55:31
they could infiltrate for a long time and identify a whole bunch of ips and make it tough but still
55:36
if you the source and destination are going to know who they are and they can always tunnel other ways so you're right i mean the internet basically is a peer
55:42
reviewer network so you can always get to one way or the other yeah i'm working with several groups now
55:48
we're developing mesh networking now mesh networking is a technology in
55:55
which you have a number of independent nodes these could be wireless nodes that's
56:02
what's contemplated and whenever two of them are in within range
56:09
of one another they establish a local area network automatically
56:14
and if the third joins in he gets connected to one of them and they are able to relay packets
56:21
through these nodes on the network to get between any two of the nodes on the
56:26
network and in principle you could have a mesh that spanned the entire continent
56:34
so you could have a wireless replacement for the
56:39
trunk the trunk backbone backbone uh internet
56:44
now it would be bandwidth limited yeah i don't think you'd want to try to send video over it
56:51
but uh for email or texting or you know things of that sort it would
56:57
work but we're we're taking several different approaches we have one that's used local
57:04
group here that's using we're using ham have a m-band
57:09
and others that are using 801 802 11
57:14
bands so they're you know wi-fi yeah so there are different approaches to it
57:21
but eventually we'll you could take a computer like this one set up with it
57:27
and he would be computed communicating with another computer without the trunk interlock net being in
57:34
between them just passing back to the packet to pack it or as far as until they are no longer
57:42
connected getting back to your original proposal
57:47
do you have have you documented that or developed it to put it online anywhere
57:52
which one well regarding convenient grand juries or commissions oh yeah
57:59
but i've been sending messages to the this forum or since i developed it back in i think
58:05
february i guess you're not reading them out of the messages
58:11
i guess not well i got it i'll probably have a few here
58:17
right here have you shared that with any of the state legislatures i mean
58:22
because yeah the texas constitution amendment yeah i mean feedback from
58:29
well uh i think that's a nice language berman is the only one whose
58:34
vermin and chisholm are the only two that have respoiled my king did too
58:39
the problem is getting them to sit still long enough to explain it to them yeah all right these are not
58:47
you know let's face it uh our best and brightest
58:52
they could take a lot of explaining well then listen if you get voters behind it so if you get a crowd behind it then all
58:58
of a sudden they start paying attention yeah that's how they operate so there's a little catchphrase
59:05
well what i'm trying to do now is to form a crowd of constituents
59:11
so we can start with your own members of the legislature or anybody any of them that you know any
59:18
people you know who are constituents of likelihoods the main li
59:24
the main ones that are likely is the conservative coalition
59:31
i've been mainly working on those on those guys that's a formal group it's a formal group
59:37
they have their own website talk with the nationwide no of the state of texas
59:47
senator king is one of them uh leo burma is another
59:53
you know he's easy enough to find them i don't let's see uh
1:00:00
let's just find them right now let's see here
1:00:34
i have a page of local search engines here
1:00:56
i think they call it a coppice
1:01:05
that is cold asian okay
1:01:13
here phil kane lindar brown dan flynn
1:01:31
are the senators are they reps those are ribs
1:01:48
here i'll hear the board of directors wayne christian linda harper-brown
1:01:55
ken paxton leo berman warren chisholm brandon creighton
1:02:01
dan flynn brian hughes phil king jody
1:02:10
morrison tan parker and larry taylor
1:02:21
so those are the kind of people i've mainly been approaching they seem to be the most receptive
1:02:26
uh i've discussed it with democrats too but obviously they're not gonna
1:02:31
you know be receptive well i think it's a pretty good idea and of
1:02:38
course i don't have to discuss it with libertarians they're all you know they're immediately on board with
1:02:43
pretty much anything i propose but well the problem with republicans is is
1:02:49
they're going to say there was something and they're going to do nothing maybe yeah so
1:02:55
it's a mixed bag yeah our i as the uh
1:03:03
attorney general candidate and kathy glass as the governor candidate are already pushing
1:03:10
this idea but of course she does it in fairly general terms she doesn't try to go into details
1:03:16
you know doesn't have time when i get the chance i try to go into details
1:03:24
well as i've got to leave just a couple minutes on the state but uh
1:03:29
on your next meeting can we at least part of the meeting just maybe kind of follow up on on this a little
1:03:34
bit but yeah which in the action islands but i want to look at this a bit more personally
1:03:40
for already specific actions
1:03:56
their a group a conservative group is trying to focus all these different groups and you
1:04:03
know into action on in the legislature and so they might
1:04:08
be helpful to this cause well send me an email with the details
1:04:17
anywhere i guess well it's on the website well yeah if nothing else i'll do some circulating on that idea once i
1:04:24
find the best remember you can always find me on the internet justice be as long as you know my name
1:04:29
or constitution society or constitution at least on your campaign or something
1:04:36
yeah yeah i'm not hiding under a rock
1:04:44
got my cell phone number right on the home page of the internet
1:04:56
okay any further questions now right now
1:05:02
how about you you've been kind of quiet oh sorry i'll come up with something in a second
1:05:09
put them on the spot well how about can you put up any signs for me yes how many of you need
1:05:15
as many as you can i need i need them put up at
1:05:22
preferably at intersections that were you can't help but see it
1:05:28
with more than one party's signs so that it's kind of you want to take the other parts down
1:05:34
no it's just it's so it's obviously unregula uncontrolled territory
1:05:40
somebody's letting anybody put up signs there yeah it probably isn't going to be a good
1:05:46
idea to put them next to um early voting sites
1:05:53
that's where everybody puts them anyone can put them but you're supposed to come back and take them down
1:05:59
so if you were to put them up there you don't want to be sure to make a job and keep notes of where you put them so you
1:06:05
could go get them later i put one at my office
1:06:10
okay that's
1:06:16
good right nice to have you
1:06:22
is the health care thing voluntary no
1:06:28
no well they're trying to pretend that it's voluntary by saying oh you can keep your existing
1:06:35
system but it's careful it's cleverly designed to
1:06:40
drive the insurance companies out of the health care insurance business
1:06:46
and drive employers out of the business of providing health care insurance for their employees
1:06:53
so basically it's a clever way of hurting everybody toward the single-payer system the government
1:07:00
system they don't call it that they claim that's not what they're trying to do but
1:07:06
the reality is that's about the only thing that can work
1:07:11
uh if the statute is continues to be in operation
1:07:18
what i haven't read the bill i'm sure there's tons of penalties built in
1:07:26
what i i've got my personal employer says he's probably not going to
1:07:31
partake in this thing he'd rather go bankrupt or quit you know leave the country whatever
1:07:38
well well of course some of them are you know there's a penalty involved the penalty is not that much now
1:07:46
initially so a lot of the employer is going to say yeah with it i'll just pay the penalty
1:07:51
i don't think he's going to pay the penalty either because it sounds like it sounds like a
1:07:57
non-volunteer contract you know indentured servitude or
1:08:02
you know you're forced into a contract and i don't know about you i've not
1:08:08
taken many law classes i've taken two but i understand forced contracts are frowned upon in this country
1:08:16
and even if they say it's law like you know you know
1:08:22
what the big law is you know you have to pay taxes that's voluntary well an interesting thing to compare it
1:08:28
to is our uh auto liability insurance programs in the state
1:08:35
yeah now that's been challenged in court the way that they avoid the challenge
1:08:42
it says well this is not really forcing people to buy insurance because you always have the option of
1:08:49
putting up a bond otherwise proving you know that you are
1:08:54
financially able to pay for to cover your liability
1:08:59
so it's really proof of of financial
1:09:05
capability and you have other ways of proving it
1:09:11
so if congress had done something like saying okay we want everyone to
1:09:18
show proof of um ability to pay your health care bills
1:09:28
we don't care how you do it you can have insurance but if you have a government government program
1:09:33
whatever you like but or you can put up a big sum of cash or
1:09:39
buy a bond you know it shows that you've got it in case it's the money is needed
1:09:46
um that would be that might survive the challenge that
1:09:54
auto liability insurance has and can't has survived
1:10:00
the congress didn't do that uh they mandated insurance
1:10:08
so you don't have the option of proving that hey i'm a billionaire
1:10:13
if i get sick i can pay my own bills no they don't allow for that
1:10:20
even a billionaire has to be covered by insurance or a government program
1:10:28
so that's one way in which the congress screwed up
1:10:35
now of course there's a general problem that they're using as their authority
1:10:42
the commerce clause
1:10:48
and in combination with the necessary and proper clause
1:10:54
and if we really wanted to do some good we should try to roll back on that
1:11:03
because that's that especially the precedent in wickard b filburn is the basis for almost all federal
1:11:10
criminal legislation gun control drug control
1:11:17
you know all this stuff because it has a substantial effect on
1:11:22
interstate commerce think lane you know 1942
1:11:30
if you check the messages to this forum i have a message on the subject
1:11:38
which takes you back to my blog which has a bigger message on the subject yeah
1:11:44
my two cents on it is if there's an unconstitutional law which there's a lot
1:11:51
of them how can they be respected
1:11:56
i mean i i don't think i will respect an unconstitutional law i just i'm sorry i'm a free citizen
1:12:04
you know i'm a citizen of texas or whatever but you know that's what the law says to do
1:12:09
is to ignore it and the unconstitutional law does not exist never has never will you can write
1:12:16
anything you want it just does not have authority yeah and that would be what you'd be doing is engaging in civil
1:12:23
disobedience sure the problem is engaging in civil disobedience without being surrounded by
1:12:30
a lot of other people engaging in the same civil disobedience on the same issue well i don't know i
1:12:37
think you would have uh see if they can they can pick you off one at a time if you're in isolation
1:12:44
yeah that's why the nullification commission is to put the whole state
1:12:51
on the same page of civil disobedience so all of a sudden you're not standing
1:12:58
alone you're you've got all of your fellow texans standing beside you
1:13:05
most people are not very brave in isolation
1:13:10
i mean even guys who go off to war very few of them
1:13:17
are able to go into battle alone in a suicide mission
1:13:24
unless they have seriously bonded with their teammates
1:13:32
and when they do that they're doing it for their team they're not doing it for their country or their constitution or
1:13:37
any other abstraction they're doing it to protect their buddies
1:13:45
and even if so if their buddies didn't support what they did
1:13:52
with with words of praise and affection and uh approval
1:14:00
they they probably wouldn't do it the guy who is prepared to stand alone
1:14:07
against the disapproval of the world is very very rare
1:14:14
i know because i've done it a lot but one thing i tell a lot of people
1:14:21
and everybody already knows is the government's bankrupt and i think we've got that as an asset
1:14:28
because eventually it's a rather grim asset because it means we're all bankrupt yeah i mean the federal reserve
1:14:35
notes the monopoly money we use doesn't make any it's not worth the salt it's not worth the paper it's printed on yeah
1:14:42
and i really i don't know it's eventually i'm like i'm very excited
1:14:48
about california being bankrupt because they're going to be the case study for what's going to happen when
1:14:55
one government fails big time because as i understand they they have
1:15:01
enough money through the end of the month and after that like whitman may have to be
1:15:08
financing the state out of her own pocketbook if she wins
1:15:14
yeah i don't know how that's going to work well right now jerry is leading
1:15:21
the the voters of california continue to amaze us all by their
1:15:27
foolishness but if they elect brown i'd say let's invite
1:15:34
meg to come to texas she may need to well i mean if the government can't
1:15:42
fulfill its other financial obligations basic obligations you know paychecks
1:15:49
which it looks like the federal government's going to eventually hit that wall
1:15:54
because it just takes one snap of the world you know someone in china someone in hong kong to call in their notes
1:16:01
and that's going to hit big problems and i think that you know it's good to
1:16:06
watch the case study in california just predict what's going to happen in the future because i really i don't know my boss
1:16:13
and i are debating on what's you know is there going to be social anarchy which that's what he's
1:16:18
suspecting i'm not quite sure because it's hard to cash in iou to pay your
1:16:24
rent to buy groceries of course if everybody's in the same boat then
1:16:29
you can say okay my paycheck bounced
1:16:35
i don't have the rent what are you going to do evict me i mean the constables
1:16:41
quit too because he hasn't been paid you know yeah
1:16:46
well eventually if that happens here the irs collectors you know the jailers
1:16:53
the peace officers you know eventually won't get paid granted texas has got its own balanced
1:17:00
budget but some of the other states in the union don't yeah well texas is about the only
1:17:07
part of the world of its size that's self-supporting and resources yes
1:17:12
if push comes to shove we can shove the rest of the world into the ocean and still survive
1:17:20
what are the steps it takes to do that because most law professors i've spoken to
1:17:26
don't want to get into details on it because i think they're uneducated on the topic well
1:17:33
not since the civil war has a subject come up well i think it's going to eventually rise i hope so
1:17:41
well what is likely to happen is with the collapse of the banks
1:17:47
and you know the first big problem is going to be food
1:17:53
getting food from far from the farm or ranch to the people who need to eat it
1:18:00
so we're going to be having to set up some sort of barter system now some of us are already
1:18:07
working on an alternative to the federal reserve notes
1:18:15
the technique is called loom lwm
1:18:22
and basically what it involves is creating digital certificates
1:18:28
for something it could be gold silver
1:18:33
bushels of wheat hours of labor you know whatever you want
1:18:40
so if you've got it you can create a digital certificate for it
1:18:46
and let's say for example that it's uh an ingot of copper
1:18:53
so you have got an ingot of copper uh you issue
1:18:58
the in the digital certificate to somebody for that ink of a copper you
1:19:03
still keep the ingot because you're now serving as a kind of a
1:19:09
repository for it but somebody else can take get your
1:19:16
digital certificate and it's and exchange it for somebody else's
1:19:22
ingot if he wants what he wants or traded for some a digital certificate
1:19:28
once up back by something else but each certificate is backed by something
1:19:34
you can't duplicate it it's peer-to-peer it's totally secure
1:19:42
and it's basically the idea is that we
1:19:48
create digital certificates for all everything of value that we can
1:19:54
and then start trading them and that could serve as a as the
1:19:59
currency for a new economy of course people would have to have
1:20:04
computers in the internet to make use of this but as long as we've got that
1:20:11
we should be able to sustain a com an economy of commodities and services
1:20:21
but of course only a few people are aware of it now so if if we suddenly found ourselves having to
1:20:28
you know switch to it most people wouldn't know how to do it i personally am not concerned about
1:20:35
bartering i've done it a lot still do it today
1:20:41
i think that's a vital option my big concern would be
1:20:48
i don't know amongst other things um more like fema
1:20:54
i think would be a big concern well of course they might not be being paid either yeah that's what i'm hoping
1:21:01
although the problem is the guys with the guns are probably going to get fed
1:21:07
but of course we have guns too exactly and that's maybe what may be what it
1:21:13
comes down to could it feasibly happen to
1:21:19
get the state removed from the union well i don't think it's worthwhile to
1:21:26
just say we succeed why is that i think it's more a matter of
1:21:32
pulling in the ways in which we are dependent on the
1:21:38
central government or even on other states sort of withdrawing into ourselves
1:21:45
taking care of our own and then if others want to join us in doing that we can cooperate on a
1:21:52
case-by-case basis but in fact it would be
1:21:58
localizing the functions of government and the economy
1:22:04
well that's what the constitution says well and it would be what we would have to do in practice
1:22:11
so eventually it wouldn't be there wouldn't be formal secession there would just be a central
1:22:17
government left there you know you know you know
1:22:23
of writing checks to each other that nobody could catch
1:22:28
while the rest of us would be leading our lives
1:22:33
and maybe we could organize tours to go back to washington d.c and uh say gee
1:22:39
this used to be the seat of government the united states of course they don't have any nobody
1:22:45
pays any attention to them anymore but uh uh uh here they are
1:22:50
you know walking around the the former national capital because of course they can't get gas or
1:22:57
operate any vehicles but here they are walking
1:23:10
my senator representative that covers me is sent me a letter
1:23:17
saying that he wants to get in compliance with the federal government and that scared the hell out of me
1:23:23
because when as a texan said i want to do this to the uh
1:23:29
you know give a thumbs up to dc i've never met one i mean maybe there's a liberal in
1:23:35
austin that i've not met yet but i was trying to think why he would want
1:23:42
to give compliance with the federal law and what the reason i guess there's a barter exchange of money or something
1:23:50
that the commerce clause probably provides i guess transportation dollars or something
1:23:57
was it possible to get instead of would it be feasible to create instead
1:24:04
of employers withholding tax money and sending it directly to the irs to
1:24:09
send it to the state of texas no
1:24:14
not at all no that's they're set up to collect it directly yeah but couldn't you set up an operation to send it to
1:24:21
the states themselves and then send it to the irs well if you send it to the state
1:24:27
state wouldn't first wouldn't know what to do with it and then secondly the feds would just say you haven't paid us
1:24:35
we don't care if you send your money to the state of texas that's your money you do
1:24:40
you know if you do if you want to do that you can but you still owe us
1:24:46
that doesn't help you one bit
1:24:52
i was wondering that could be used as bargaining power before the individual states no
1:25:00
the state can't make you pay them instead of the feds
1:25:12
yeah there are a lot of people come up with a lot of ideas that because they don't really understand how
1:25:18
the system works and they can waste an awful lot of time
1:25:24
you know being excited about let's face it uh bad ideas
1:25:32
you really have to know what you're doing that's why ultimately it comes down to
1:25:38
and if you're not prepared to do all the work of understanding these systems
1:25:45
yourself then you've got to identify someone who does and get behind in
1:25:51
and in all the modesty i don't know of anyone else who understands these things
1:25:58
as well as i do even a lot of my fellow reformers lawyers and scholars and
1:26:06
you know the press the best and brightest in this country most of them are weak on the details
1:26:12
yeah they have not really thought it through but you didn't go to law school didn't
1:26:17
you no i held your mind i thought myself
1:26:23
my formal training is is a math physics and computer science
1:26:29
and i find interestingly enough that it is people with my academic background
1:26:36
who usually get it first
1:26:41
it's not the ones who went to law school
1:26:48
there is no really good substitute for the kind of skills one acquires
1:26:54
as a scientist especially in the hard sciences
1:26:59
mathematics engineering computer science where you're having to
1:27:05
think every day in very rigorous ways most people do not think very rigorously
1:27:13
they're thinking it's very fuzzy and you can't solve these problems with
1:27:19
fuzzy thinking
1:27:26
i'm really curious though like i know our state is superior to the rest because we are we
1:27:32
have a an okay economy and we've got a balanced budget and i'm really wondering if a few other states
1:27:39
have to get bailed out what would happen if the federal even has the power to do
1:27:46
that i don't think we do well eventually they run out of money because that would be private sector
1:27:51
they can only print so much money yeah right now they're into an orgy of printing money yeah and then the
1:27:57
quantity it's not truly printing it's crazy it's created individually yeah yeah digitally yeah
1:28:04
but it's still i don't i don't understand like at what point will the central banking system fail
1:28:11
because it looks to me like it's already failed but then again
1:28:17
it's running essentially on psychology
1:28:22
so the uneducated masses in other words the emperor has no clothes but people are still telling the emperor's
1:28:28
got clothes yeah there are few people who are saying telling the emperor he doesn't have any
1:28:34
clothes but at this point he's saying well maybe i don't but i don't want to admit
1:28:40
it to anybody so all you people just keep telling me i've got clothes and i'll keep telling
1:28:46
you that i've got clothes and don't listen to that fella over there
1:28:52
during the upcoming legislative session i don't know much about texas politics
1:28:58
besides what i study in college because there's a lot not about 90 days
1:29:04
that they're actually 140. okay 140 days that they're they're playing
1:29:12
how feasible is it to get a law passed like how much
1:29:18
effort does it take like if i wanted to get a law proposed and get it to go through the
1:29:25
house well the answer is that if it's just a small thing
1:29:31
like one clause and there's no opposition and you get the support of a key
1:29:38
committee member that may be all it takes
1:29:44
on the other hand if those conditions are not met especially if
1:29:49
you get down to the end of the session i remember this is a redistricting year
1:29:54
yeah so they're there it's going to be very hard for them to get around to your thing
1:30:01
it may slip in or you may have to go through several sessions could take a decade or more
1:30:09
so it can be done but you know if you either have a huge
1:30:15
amount of support or the support of just a team member and no opposition
1:30:29
the trick is having influence with that one key member how do you get that either by
1:30:34
influence or do you have to run elbows appropriately a variety of ways i mean the main guy i
1:30:41
was going to use his high school classmate
1:30:46
and he married a high school classmate of mine so it's like it's an old crony yeah
1:30:53
um i actually know a lot of people in state government i've just been around for so long
1:31:01
and that's part of what works it's just knowing them you know seeing them again and again and
1:31:07
again and again chatting with them and knowing their families and their you know going to
1:31:12
church with them and going golfing with them and you know just these personal relations relationships
1:31:21
they feel confident with you they're more likely to do something for you
1:31:31
of course if you raise enough money to get them elected they are even more comfortable with you yeah
1:31:40
and we're going to have to leave here pretty soon they want us out by 845 so
1:31:46
if you could push that red button there right here in the back yeah
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