Marti Oakley © 2012 All Rights Reserved
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The agricultural survey sent out to glean voluntary information from unsuspecting small livestock owners and even smaller growers of personal use gardens contains a citation that is meant to imply that not only does USDA have the authority to conduct the survey, but also, that you are compelled to comply. Relying on Title 5: Confidential Information Protection and Statistical Efficiency Act (CIPSEA) USDA is claiming this survey is compulsory. Unfortunately for USDA, they do not qualify as a federal agency as the underlying authority they are claiming, Title 7, Agriculture is non-positive code and therefore their very existence is not only unconstitutional, but any edict or supposed “law” regulation or rule coming from them is unenforceable. As there is no underlying provision in the Constitution for the USDA to even exist, it cannot claim some newer law or proviso as verification of its authority as these provisions and public laws can only be applied to lawfully constructed agencies.
USC 44 Chapter 35 section 3502 (this section is relied on for assumed authority and is the result of writing EO # 13083 into public law)
3502. Definitions
As used in this chapter –
(1) the term “agency” means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include –
(A) the General Accounting Office;
(B) Federal Election Commission;
C) the governments of the District of Columbia and of the territories and possessions of theUnited States, and their various subdivisions; or
(D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities;
And finally:
(13) the term “recordkeeping requirement” means a requirement imposed by or for an agency on persons to maintain specified records, including a requirement to –
(A) retain such records;
(B) notify third parties, the Federal Government, or the public of the existence of such records;
(C) disclose such records to third parties, the Federal Government, or the public; or
(D) report to third parties, the Federal Government, or the public regarding such records; and
(14) the term “penalty” includes the imposition by an agency or court of a fine or other punishment; a judgment for monetary damages or equitable relief; or the revocation, suspension, reduction, or denial of a license, privilege, right, grant, or benefit.
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The final entry (#14) is the federal government granting itself the authority, via corporate federal agency, to impose fines and punishments, and abrogation of your rights and privileges or any other benefits you might have possessed.
USDA is an autonomous federal corporation and is not subject to direction or control by congress or the president. While the federal government unconstitutionally created this agency in 1852 under President Lincoln, it was not created as an cabinet level agency. What it has morphed into over the last century and a half, is a monolithic monster dedicated to eradicating anything but multi-national industrialized corporate farming and ranching.
While CIPSEA may have been codified into public law (#107-347) and supposedly covers the collection of statistical information for an alphabet soup collection of federal agencies, USDA is conspicuously absent from the list. That should not be construed to mean that USDA was prohibited from using this Title to falsely assert it had the right, or the authority to send out surveys indicating that it was somehow operating under some special authority to gather personal information the agency has no real authority to gather. This public law was specifically constructed to convey to federal corporate agencies, including those created unlawfully, an assumed right to demand information from the public directly affecting personal rights to privacy and property rights.
Bear in mind that CIPSEA and US Code & Title are contract law for corporations and not the common law of the people. By forcing us into contract law and to abiding by US Code & Title, we forfeit our constitutional protections and rights.
Now should some law firm or attorney ever choose to challenge this in, say for instance, the Supreme Court, USDA would not be able to cite any enforceable law that would be supported by constitutional provisions or citations that would authenticate and validate its existence. The first demand the court should make of USDA is that they prove their existence is constitutional. Of course, this Supreme Court that we are forced to endure pays little if any attention to the Constitution and no doubt would twist themselves into all kinds of legal pretzel shapes to avoid having to ask the question to begin with.
About that survey:
The fact remains that USDA is an unconstitutionally created agency that exists as a privately held federal corporation. It has no authority within the states until your governor directs a state agency to contract with the federal agency. Even then, your state agency has no authority to subject you, the property owner, to unrevealed contracts it has entered into with the federal agency.
The attempt by USDA to make its demand for information appear credible is the reliance on EO 13083 and the definition of the word “agency” contained therein. It then attempts to tie itself to CIPSEA and claim authority there. In neither case do these things imply or state that an unconstitutional agency has any authority whatsoever and USDA knows far better than we do that it has no power to enforce anything.
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EO 13083 Definition of agency http://www.uhuh.com/laws/44usc3502.htm
Title 5 bill http://aspe.hhs.gov/datacncl/Privacy/titleV.pdf
MOU on CIPSEA http://www.ers.usda.gov/AboutERS/CIPSEA_ERS_2010.pdf
On May 15, 1862, President Abraham Lincoln established the independent Department of Agriculture to be headed by a Commissioner without Cabinet status.
Jan 19, 2012 @ 02:00:16
This kind of BS just goes to show that you do not have a lawful government. Your government was overthrown a long, long, time ago (assuming we ever had a lawful government). You do not have to submit to this BS and personally I think you are absolutely ignorant if you give them any information. How many times have you been told that you have a right to remain silent and that if you waive this right they will use this information against you?
They are using federal law (regulations, administrative laws, that apply only to the administration, i.e. that only applies to the federal government, to federal persons, to federal places), to deceive you into submitting to their tyranny. Learn your rights and insist on them by not telling them anything. Learn the definitions of the terms used in their ‘law’. They usually mean something completely different than what you think.
Generally, if you are not a federal person you are not subject to federal law. Statehood changed the fed’s geographical jurisdiction. Have you sold your soul to the devil by accepting federal subsidies? If so you may be subject to their authority by contract. Were you born, or naturalized, on federal (U. S.) property? Maybe you are not a U. S. citizen. Is it really just the bankers property and you are just a renter?
Your state/ county government should be protecting you from this type of extortion. Contact your local sheriff and file a complaint against these federal criminals.
Quit volunteering to be their slave. Quit consenting. Learn the truth and educate your neighbors, if it is not already too late.
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Jan 18, 2012 @ 19:26:03
Count your chickens and your tomatoes, the Feds want to know what you own.
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Jan 13, 2012 @ 13:57:25
I recieved one of these questionares, I have 2 acres but this is the first time in 20 years i grew a garden , a spot about 30 by 25 feet, was not much success. A few questions had me puzzled ? why ask if I had internet or high speed internet in the last 12 months.And if I had any storage ability ? would even my shop be considered ?
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Jan 09, 2012 @ 19:49:46
Someone called my home phone just last week and asked by husband about what livestock we had. We had sold all of our animals last year, but it surprised me that they would know that I even had any. We had 30 goats and a couple horses and a donkey at the most at any one time.
There are so many people that are clueless to what is going on. Thanks for this posting. Keep it up.
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Jan 09, 2012 @ 01:34:15
Jan 08, 2012 @ 19:40:26
Similar to what is said above with the understanding that government gets its authority from ‘the consent of the people’. Learn the truth and quit consenting. If what they are doing is a crime, such as EXTORTING information then they are criminals and cannot represent government. Extortion is the obtaining of a persons property [information in this case] or signature, with their consent, under threat or color of official right. Virtually everything that the government does to private individual human beings falls under this definition. If you have a right to remain silent where do they get the right to extort anything from you? 1040 forms, car registration, driver’s license, etc., etc. ??? ad nauseum. WAKE UP PEOPLE
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Jan 08, 2012 @ 19:11:05
More of the same nonsense. . The USDA, along with the FDA, and any number of other alphabet agencies need to be culled and reigned in. We need to get more “civilian” panels empowered, most government officials are now “compromised” to the point there’s no longer working for the good of the people they purport to “serve”. they serve only themselves and their corporate “masters”.
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Jan 08, 2012 @ 13:54:59
It’s rather pointless anymore to discuss what is ‘Constitutional’ since enforcement (and abuse) is so pathetic, and abuse is so rampant. I didn’t sign the document myself anyway, therefore I am not under the Constitution and neither are you (contract law applies here). Read Lysander Spooner for more info on this, The Constitution of No Authority.
So, moving on. Compulsory survey’s, questionnaires and so forth are also attempts at creating a contract and do not have to be completed or signed. No one can be forced into a contract against their will (supposedly). Many will do so, being ignorant of their rights, but this gets to the heart of the matter.
Rights only exist when enforced (practiced), otherwise they are absent (non-existence). Either you practice your rights, enforcing them, or they are absent and not in force.
Rights are not law either. Rights supersede all laws. You have the right to not engage in any contract against your will, irregardless of what any ‘law’ attempts to say or ‘authorize’. Either you exercise the right or not.
If you do not exercise the right, then you are basically a fool, being ‘compelled’ (compulsory) to do something that is not in your own best interests.
If you or anyone wants their ‘rights back’, then this is going to require you to enforce them, there is no other way. Nobody else can do this for you either, not I, not the government, not anyone. Only you can enforce your rights by putting them into practice.
I could ‘give a flying f*ck’ anymore about what is “constitutional” because this is actually a meaningless argument (red herring). Furthermore, the “law” can say whatever the hell it wants (and often does), but this too is not something that concerns me. What concerns me is my “rights” and what I am prepared to do personally to ensure that they exist. Only I can bring them into existence by exercising these rights.
Now the government and its agents can and does do what it wants in regards to enforcement of law, irrespective of my rights or my enforcement of my rights. This is a plain and simple fact, but it also matters not. You will still only have such rights, whatever they may be, if you put them into practice.
The government can never “give me” my rights, they can only (in a dream world) respect my rights as I exercise them. But the inverse is more factually true, they neither respect my rights, or allow me to enforce them, enacting law that abridges my rights. Again, this matters not in regards to individual rights, you will only have such rights, irrespective of “law” if you personally enforce your rights. You are the ONLY one that can do this.
So, as far as this dumb-ass survey goes, either enforce your rights or not, the choice is always yours, and not any government or so-called “lawful” authority. You are the authority in other words, and always will be.
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Jan 08, 2012 @ 13:18:54
Wow! What perfect timing for me to receive this! My neighbor just received one of these surveys this past Friday. I am sure others in this area will be getting them as this is a rural area with many small farms. Thank you for this!!!
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Jan 08, 2012 @ 10:46:42
we recently had a similar event in Aus. the govt is upset? they dont have all the horses and pet farm animals on as register.. supposedly for safety ie horse flu last year and hendra virus recently.
so rather then do a govvy ask/demand.
what theyve done is used a “front” a competition type entry for fools giving up their personal details address and all animal info.
I guess gardens will be next, one council in aus already shut down locals using vacant blocks for community food assistance.
seems theyd rather have have bare dirt weeds and rubbish on display.
we have a DPI DSE name varies with the state, they have amazing and possibly complete bullshit actual legal right…to come onto farms and properties to advise and monitor land animals trees water the whole box and dice.
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Jan 07, 2012 @ 22:09:39
Go to youtube and put Jordan Maxwell. You will discover under Admiralty Law the government has given authority to banks.Thats right Banks have your birthcerticate and you are a commodity. If you are wealthy you are preferred stock, if poor common stock. If you go into a courtroom and the US flag has gold fringe on it, you are not in a consitutional court, but the Kings court. Jordan Maxwell explains this in depth. Most are totally unaware who owns us. Note: any bill your receive from anyone. If you name is in Capitals, it means a bank or the company or the person who sent you that bill has the right to sue you. If its in lower case, it means they have no jurisdiction. There is a case under the Secured Party based on Admiralty Law. Charles Eisely the plaintiff won that case. Its all very complicated, however due to the fact the Bucks Co. Pa, refused to recognize the case and defaulted the law stands. Papers were filed against John Ashcroft and Mickael Mukazy.
the US government is a corporation. Look at your birthcertifcate. Where your parents name is…it doesnt say parent…it says informant…namely that you are giving permission as an informant to inform re the birth of your child, and a birth certificate will sent to you in all caps. That means the Bank (under docks) own you. I am probably not explaining this very well…but do see what Jordan Maxwell has to say or look up Secured Party.
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Jan 07, 2012 @ 22:03:08
This IS a highly: “IMPACTORY Declartion,” Possessing: MONUMENTAL, universally, applicative, suvbstantive: implications to the
bona fide: “LACK of TRUE, Lawful Authority,” for multitudes of asserted: “FEDERAL,” [some say Communist,] Agencies, DREAMT UP, to DUPE: the programmed: Un-Learned !
YOU Must KNOW: the TRUTH of: THE LAW, and appreciate the: Manifest Differances, between: “mere Fictions / Colors of Law, or mere THINGS, but TERMED /called LAW, which are precisely: WithOUT the POWER, FORCE or EFFECT, of actual LAW!
One MUST Grasp this: CONCEPT, to be able, to accurately APPLY the LAW, and REMOVE one’s SELF from: the Military, TriBa’al WAR Battle Fields-Courts-Churhes-circe of Satan, Talmudic CONcotions, [ Satanic Witches Brews from the Synagogue of Satan! ] [ where the WARRIORS CONspirit against YOU!]
Go to: Re-Learn: what they Deceived You, by Not Teaching YOU, what You still can learn: @www.freedom-school.com
[FREE, but: Your voluntary contributions, would be: Greatly appreciated, if You, Find the TRUTHS there; of any VALUE to YOU?]
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