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US code #7 Agriculture: Still not within the powers granted to the federal government

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new-logo25Marti Oakley (c) copyright 2013 All Rights Reserved

PLEASE NOTE THE EDITED PARGRAPHS AT THE END OF THE ARTICLE DEALING WITH “CONSENT”.  THIS WAS A POINT I MISSED WHICH IS VERY IMPORTANT.

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The agricultural surveys are being sent out once again with a note on the front of the envelope stating “YOUR RESPONSE IS REQUIRED BY LAW”.  Actually not.  This statement is mis-leading, meant to intimidate and is completely false.  Title 7 Agriculture, is non-positive code & title.  This means the activities described and mandated under this code can only being cited as prima facie evidence, meaning homeland-poster-414421the wording can be cited as existing but cannot be used to bring criminal charges or used as the basis for declaring any right as illegal. It cannot be used or cited as an underlying authority for, as in this instance, declaring an unlawful survey  disguised as a “census” to be mandatory.   Prima facie is the assumption that something exist as other than what it actually is.  It takes little to determine that Title 7 is not lawful or constitutional.

The USDA nor any of the other alphabet agencies that exist as a result of non-positive code & title have no underlying authority except in the District of Criminals, insular possessions and territories occupied.  In the sovereign states, they have no force of law……..because they are NOT law.  These codes and titles exist as a wish list that has been foisted on the states with the help of your governors and state legislators who enabled them to contract with similar agencies in your state.  If you were not party to those contracts, (and you were not),if they were never revealed to you as existing (and they were not) and if you never signed your name agreeing to what is essentially the business plan of private corporations, you cannot be compelled to comply with the contract.  No state agency, regardless of whom it contracts with, can force those who were not party to the contract, to comply.

But don’t let this make you think a van load of jack-booted thugs from USDA won’t show up at your door, seize your assets and intimidate your family after unlawfully trespassing your property, most likely with the help of your local sheriff who is supposed to protect you from such incidences.  The law means absolutely nothing to these people.

Ultimately, Title 7 Agriculture, as with numerous other non-positive codes and titles, remains out of the lawful, constitutional reach of the federal corporation no matter how many egregious laws congress passes.  Agriculture is not in the powers enumerated for the federal government.

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USDA Gearing Up to Conduct 2012 Census of Agriculture

National Agricultural Classification Survey is an Important Step toward a Complete Count
Washington, February 10, 2012 – Surveys are now arriving in mailboxes around the nation to help identify all active farms in the United States. The National Agricultural Classification Survey (NACS), which asks landowners whether or not they are farming and for basic farm information, is one of the most important early steps used to determine who should receive a 2012 Census of Agriculture report form. The Census of Agriculture, conducted every five years by the U.S. Department of Agriculture’s National Agricultural Statistics Service (NASS), is a complete count of U.S. farms and ranches and the people who operate them.

FROM THE USDA SITE.

http://www.agcensus.usda.gov/Newsroo…02_10_2012.php

We are asking everyone who receives the NACS to respond even if they are not farming so that we build the most accurate and comprehensive mailing list to account for all of U.S. agriculture in the Census,” said NASS’s Census and Survey Director, Renee Picanso. “The Census is the leading source of facts about American agriculture and the only source of agricultural statistics that is comparable for each county in the nation. Farm organizations, businesses, government decision-makers, commodity market analysts, news media, researchers and others use Census data to inform their work.”

NACS is required by law as part of the U.S. Census of Agriculture. By this same law, all information reported by individuals is kept confidential. NASS will mail the 2012 Census of Agriculture later this year and data will be collected into early 2013.

“The NACS survey is the first step in getting a complete count, so we ask everyone who receives a survey to complete and return it,” said Picanso. “The Census is a valuable way for producers and rural America to show their strength – in numbers.”

The 2012 Census of Agriculture is your voice, your future, your responsibility. For more information about NACS, the Census of Agriculture, or to add your name to the Census mail list, visit

www.agcensus.usda.gov.

NASS provides accurate, timely, useful and objective statistics in service to U.S. agriculture. We invite you to provide feedback on our products and services. Sign up at http://usda.mannlib.cornell.edu/subscriptions and look for “NASS Data User Community.”

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This Census is a valuable way for the USDA to manipulate markets, to map out who and where food is being produced that might interfere with global producers, say for instance, Monsanto.

The Census is a valuable way for producers and rural America to show their strength – in numbers.”  The first question here would have to be, “In what possible way?”  It is the numbers they are after.  Just how big is the remaining, dwindling independent and family ranching and farming community and what is it likely to take to put them out of business? More

H.J.res. 62. Amending the Constitution to end states rights?

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Marti Oakley (c)copyright 2011 All Rights reserved

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H. J. Res. 62, Proposing an amendment to the Constitution of the United States to give States the right to repeal Federal laws and regulations when ratified by the Legislatures of two thirds of the several States

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Sounds like a great deal..right?  Wrong!  The states already have the right to repeal Federal laws and regulations.  It is called nullification under the 10th Amendment. 

Or, states can refuse to contract with the Federal government or any of its privately owned corporate agencies thereby refusing the contract and any of its provisions (regulations or laws).

Secondary to this action, is the refusal to accept any federal funding offered to implement what is usually a series of laws or regulations, (these being written by unelected bureaucrats, lobbyists and other interested stakeholders), meant to deprive you of your rights, intrude on your privacy, interfere with your right to engage in business and otherwise reduce and abrogate your constitutionally protected freedoms. 

Article 5 

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Any amendments to the Constitution must be ratified by the legislatures of three/fourths of the states.  Congress, neither House nor Senate, has the authority to alter or amend anything in the Constitution in and of their respective bodies. 

So what are they after? More

Defining the “United States”

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Guest Author:  Danny Martinez (c)copyright 2011

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“To fully understand the impact of changing the wording from navigable waters to waters of the United States one must understand the clear meaning of what “United States” means.”

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UNITED STATES

In April 2, 2009, S. 787 the Clean Water Restoration Act was introduced to the 111th Congress,  which was a bill to amend the “Federal Water Pollution Control Act” to clarify the jurisdiction of the United States over waters of the United States. Section 1 Short Title says “This Act may be cited as the Clean Water Restoration Act.”  The purpose of the Act was to (1) to reaffirm the original intent of Congress in enacting the Federal Water Pollution control Act Amendments of 1972 (Public Law 92-500; 86 Stat. 816) to restore and maintain the chemical, physical, and biological integrity of the waters of the United States; and (2) to clarify define the waters of the United States that are subject to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)as those features that were treated as such pursuant to the final rule (including the preamble that final rule) published at 53 Fed. Reg. 20764 (June6, 1988) and 51 Fed Reg 41206 (November 13, 1986) and other applicable rules and interpretations in effect on January, 8, 2001.” [emphasis added]

This act has caused a lot of reaction from the states in regards to their sovereignty and their jurisdiction over waters within the boundaries of their respective states. This has not been diminished in any manner as Sect. 3 Findings (5) “Congress Supports the policy in effect under section 101(g) of the Federal Water Pollution Control Act (33 U.S.C. 1251(g)), which states that the authority of each State to allocate quantities of water within its jurisdiction shall not be superseded, abrogated or otherwise impaired by this Act. ….” [emphasis added]

To fully understand the impact of changing the wording from navigable waters to waters of the United States one must understand the clear meaning of what “United States” means.

In 1945 the Supreme Court in Hooven & Allison Co. v. Evatt, 324 U.S. 652 (1945) defined the term “United States” as having three distinct meanings ; The term “United States” may be used in any one of several senses. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations. It may designate the territory over which the sovereignty to the United States [672] extends, or it may be the collective name of the states which are united by and under the Constitution.” More

Sample Letter to Governor on S.510

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Dan Martin

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” furthermore, I take offense at the practice of titling proposed legislation in a way that, at best, obscures its true intent and purposes and, at worst, misstates it altogether – a practice documented for us by George Orwell, honed by the Communists in the Soviet Union, and perfected in recent years by the U.S. Congress.” More

SEVERAL NATIONALLY KNOWN SPEAKERS ARE COMING TO THE STATE SOVEREIGNTY RALLY IN ALBANY NY ON AUGUST 7th

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SEVERAL NATIONALLY KNOWN SPEAKERS ARE COMING TO THE STATE SOVEREIGNTY RALLY IN ALBANY NY ON AUGUST 7th
  
The 10th Amendment, which is part of the Bill of Rights, states:
 
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” More

MOU #4 An update on Healthcare Reform and Congressional corruption

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by: Marti Oakley (C) copyright 2010 All Rights Reserved

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“That it is the right of the people using the process of nullification, to void any federal law on the basis of state sovereignty.  Be also advised that public health is a non-positive law and exists in the corporate US Code & Title as only prima facie evidence:  this means it cannot be used as evidence of criminal conduct and cannot be used as a rebuttal for defense of the state. 

Also be advised, that as non-positive code, healthcare reform acts are unenforceable.  Neither can these acts be codified into federal law, even if entered into the Federal register as they are not in the enumerated powers of the federal government.”

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MOU #4 An update on Healthcare Reform and Congressional corruption

Greetings:

Consider this a memorandum of understanding (MOU) to all members of the Senate, all members of the House, and to President Obama.  I am sure you are fully aware of the intent and implications of MOUs, as each of you, in one way or another, uses them to establish the outlining of agreements between yourselves, collectively or individually, concerning the agreements you have made with individuals acting as state’s representatives or agencies; generally to avoid Constitutional prohibitions on your intended actions and in avoidance of the Constitution.  I am using it in quite another fashion as you will see in the following text. More

Congress set to give more power to the Federal Reserve!

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Congress wants to establish a Consumer Financial Protection Agency (CFPA) that will regulate everything from credit cards to mortgages. More

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