Marti Oakley (c)Copyright 2010 All Rights Reserved

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“As with USDA and FDA, this presumption will target farms, small businesses and independents and drive them out of business while blithely ignoring the real cause of any threat of greenhouse gasses by multi-national corporate contractors who openly engage these corporate federal agencies and buy their way through the system.”

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The Environmental Protection Agency (EPA) is now using the same propaganda protocol as the USDA and FDA along with the Bureau of Land Management (BLM) and claiming a “presumption of authority”.  The idea here is to put the presumption claim into the public consciousness as “fact”.  That which is not rebutted, even if it is a fiction, stands as (fact) in the eyes of the law. 

When dealing with any presumptions of authority by any state or federal agency, look to the law that was the catalyst for either creating the agency, or directing its actions.  Neither state nor federal agency is allowed to act outside of the legislative intent.  And, even if they are acting within legislative intent, that intent cannot abrogate or violate your rights. To do so makes the creating law itself void on its inception. 

To claim “presumptive authority” is an admission by both state and federal agencies that they have neither legal nor lawful standing for what they are doing, or for the abrogation and violation of individual rights.  They just want you to think they do and not one of our senators or representatives will step forward and declare these presumptions to be outside the scope of what was intended. 

No where in our constitution does it provide for any agency under any circumstance to presume it has a right to expand its own power or to impose any corporate regulation or code onto the people.  Allowing this activity to continue unchallenged has interfered with our right to engage feely in commerce and trade.  It has also: 

  • Disrupted all business that is not corporate
  • Interfered with our right to engage in business as independent or family owned
  • Unconstitutionally erected barriers to engage in business or trade against family or independent businesses,
  • Specifically to gain advantage for corporate partners and contractors of the agencies
  • Fabricated regulations and codes for the express intent of interrupting the source of income and lively-hood of families and independent businesses
  • Granted them selves unconstitutional powers of warrantless search and seizure and,
  • To trespass on private property without cause to further their “presumption of authority”
  • In many cases, allowed federal or state agencies to seize personal property for profit without compensation

In the instance of the EPA, the presumption of authority, unless rebutted, will void the Clean Air Act.  EPA cannot arbitrarily presume it has regulatory powers never intended in the legislation or in its creation under the Administrative Procedures Act (APA).  The APA was itself an unconstitutional ceding of law making powers, by congress with the intent to create corporations that operate under US Code and Title (contract law/corporations) in an effort to supplant contract law in lieu of constitutional laws and protections. 

As with USDA and FDA, this presumption will target farms, small businesses and independents and drive them out of business while blithely ignoring the real cause of any threat of greenhouse gasses by multi-national corporate contractors who openly engage these corporate federal agencies and buy their way through the system.

To make a presumption of this kind, you must have a basis in fact but not one based on your personal interpretation of laws to meet your personal intents, nor one you paid another organization or individual to attempt to validate; these presumptions exist only as a fictional creation.  What EPA, USDA, FDA, and various other corporate federal and state agencies are doing is “assumption of powers not delegated”. 

These assumed authorities are presented to the public with the support and supposed validation coming from organizations who were highly paid to conclude that this assumption of power and authority is in fact…..lawful.  No expense has been spared to ensure these organizations, think tanks, or NGO’s, come to the correct conclusions.  Then these conclusions are paraded to the public as some kind of evidence that the assumptions of powers and authority being made are in fact, lawful; a fact.  They are not. 

When you see the word “presumed” in connection with the word “authority” the only conclusion that can be reasonably reached is that yet another federal or state corporate agency has just exceeded their intended lawful boundaries and by extension, their self-proclaimed right to unconstitutionally interfere in your life and property.

We have an entire government that now openly works against us, whether they call themselves Republicans or Democrats, fine tuning a plan that has been in progress for many years through various administrations and congresses.  As these agencies continue to act outside the scope of their authority or the intentions of legislation, you must ask yourself why, your senators and representatives sit silent about the abuse in public, but conspire privately to enlarge what are nothing more than privately owned corporations called, departments, agencies, administrations or other misnomers meant to portray the corporation as a public service agency.