Time: Wed Jul 09 20:32:30 1997
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Date: Wed, 09 Jul 1997 20:28:03 -0700
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From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: LEADERS "Insider's Report" July, 1997 (Part 1) (fwd)
This may be a repeat, but I am sending anyway.
Part II will follow immediately behind this.
/s/ Paul Mitchell
http://www.supremelaw.com
<snip>
>
>*************************************************************************
> THE LEGISLATIVE EXCHANGE ASSOCIATION, DRAFTING,
> EDITING AND RESEARCH SERVICE
> (LEADERS)
> P.O. Box 3245; Frederick, MD 21705
>
>=====PUBLISHER OF AMERICAN LEADERSHIP MAGAZINE=====
>
>301-293-0001 Leaders@aol.com
>301-759-1010 Leader Mag@aol.com
> http://logoplex.com/shops/leaders/
>**************************************************************************
>
> American Leadership's
> INSIDER'S REPORT --- July, 1997
>
> Special Promotional Publication
>
> (Hopefully, those active in the movement to restore constitutional
>government,
>who have never before heard of LEADERS, will be encouraged to discover what
>our network of supporters is doing. This Insider's Report, and our other
>publica-
>tions, are the vehicles we are using to educate people. We hope you will
>find the
>information contained herein useful. More information about LEADERS, our
>legislative research, and other projects, is contained near the end of this
>bulletin.
>We always welcome your comments and suggestions. REPUBLICATION OF
>THIS INFORMATION IS PERMITTED AND ENCOURAGED.)
>
>
> BALANCED BUDGET AMENDMENT FOLLIES!
>
> Congress would like nothing better than to undo the system of checks
>and balances of the Constitution. A "Balanced Budget Amendment" will be,
>if the New World Order has its way, submitted to the states for ratification
>in the near future. This is a dangerous and artfully crafted piece of
>legislation, and must be stopped.
> A perfect system for balancing the budget is already a part of the
>Constitution. Unfortunately it has been ignored since about the time the
>Federal Reserve was granted a license to destroy our nation's economy.
>Indeed, our federal budget can never be in balance as long as borrowing
>is practiced routinely--and from the Federal Reserve in particular.
> The power of direct taxation described in Article I, Section 2, Clause
>3; and Article I, Section 9, Clause 4 (apportioned direct taxes on state
>governments) is the answer to our budgetary woes. However, the day
>Congress holds itself accountable to the state legislatures of this nation,
>will
>be the day the spending and borrowing ceases. No doubt about it.
> How do we know this power of taxation was meant for the purpose of
>deficit extinguishment?
> When the states were ratifying the proposed Constitution (beginning
>in 1787), each state called a convention of its own for that purpose.
>Several of the states (NY, NH, SC, RI, NC, and VA) included in their
>ratification documents wording similar to the following (taken from the
>ratification document of the State of New York):
>
> . . . that the Congress will not lay direct Taxes within this State,
> but when the monies arising from the Impost and Excise shall be
> insufficient for the public Exigencies, nor then until Congress
> shall first have made a Requisition upon this State to assess,
> levy and pay the amount of such Requisition made agreeably to
> the Census fixed in the said Constitution in such way and
> manner as the Legislature of this State shall judge best, but that
> in such case, if the State shall neglect or refuse to pay its
> proportion pursuant to such Requisition, then the Congress may
> assess and levy this States proportion together with interest at
> the Rate of six percentum per Annum from the time at which the
> same was required to be paid.
>
> When are direct taxes to be laid? When monies coming from
>Congress' regular sources (imposts and excises) are insufficient for public
>needs. (In other words, when red ink appears!)
> The states ratifying the Constitution recognized the power of directly
>taxing them, based on the census (their voting strength in Congress) was
>a strictly limited power, only to be used when a serious need arose.
> This power was used--several times--in our nation's history, and each
>state paid its share of the direct taxes levied by Congress on every
>occasion--lest the federal revenuers would enter their state and levy and
>collect the tax themselves.
> Congress retired the debt accumulated by the Revolutionary War, the
>War of 1812, and the Civil War in this manner. (Documentation proving
>that fact is found on pages 8-11 of American Leadership Spring 1996
>edition.)
> And this is how deficits are STILL REQUIRED TO BE
>EXTINGUISHED! That is, until the seditious Balanced Budget
>Amendment now parading through the halls of Congress is adopted and
>added to our Constitution!
> The B.B.A. is considered a primary weapon for the NWO. Its failure
>to be passed out of Congress (earlier this year) will likely be considered a
>signal of the "urgency" for a full blown Constitutional Convention to occur,
>whereby such an amendment can supposedly be "proposed" by the states.
>(In reality, the B.B.A. is just an excuse to open a convention whereby the
>entire Constitution can be modified to more nicely fit into this "New World
>Order.") If it should be passed directly by Congress to the states, and
>subsequently ratified, it would bury the method of balancing the budget
>carefully crafted by the Constitution's framers. Either way, the people are
>looking straight down the barrel of a gun.
> The tax and spend brigade wants to constitutionally allow "smoke and
>mirrors" projections and other accounting malfeasance to be accepted as
>the law of the land. And that plan is what this B.B.A. is all about.
> This proposed amendment WOULD NOT balance the budget in any
>way. It would simply legalize that, which, although current federal
>accounting practice, is flatly forbidden by the terms and conditions of the
>EXISTING contract between the states.
> Educating the masses about the fraud of this amendment is a double
>edged sword. In defeating this proposed amendment, we can convey to
>people the proper relationship between spending and accountability. More
>precisely, we can show the proper mechanism for accountability in the year
>the money is spent! If there is a "silver bullet" to collapse the NWO, this
>is
>it!
> Yes, levying a direct tax on the states would cause a huge deficit in
>state "rainy day funds." Realistically, at current federal spending levels,
>the
>imposition of a direct tax on each state for their share of the federal
>deficit
>would deplete every state treasury, and cause a HUGE state tax increase
>to make up for the shortfall. The good new is, it would only happen once.
>Every state legislature would send forth their troops to tar and feather the
>members of Congress who voted for illegal, unauthorized and/or improper
>spending.
> Imagine the governor of California advising the state legislature that
>their share of the 1995 federal deficit must be paid within 6 months.
>California would be required to come up with 45/435 of the total deficit
>using
>the Constitutional rule. (California has 45 members in Congress. Those
>with the most votes for spending must come up with the most money.
>Small states would contribute a proportionately smaller amount, since their
>fewer number of representatives have less say in spending--their
>proportional share of the deficit.) It is the rule of representation with
>proportional obligation. Taxation and representation are inseparable
>under the current constitutional formula--as morally they should be. The
>rules change under a B.B.A.. What we need is enforcement of the rule
>book, not a change in the rules!
> That would be a very bitter pill for Congress to swallow, as the
>members thereof would then be required to answer to their state for the
>spending and resultant taxation--exactly the way it was before the creation
>of the Federal Reserve system.
> Our problem (since the institution of Federal Reserve control over our
>money) is that we have been able to borrow unendingly. We have been
>hypnotized by paper money--and the thoughts of never having to pay the
>mortgage.
> The bankers are about to call in the notes--as is evidenced by
>numerous warning signs in international financial markets. Restoring both
>constitutional money, and honest taxation, is the only formula for "balancing
>the budget."
>
>IDAHO COMMITTEE SUPPORTS CONSTITUTIONAL CRISIS
>DEFEATS IPSEN PROPOSAL TO PROTECT CONSTITUTION
>
> Taking the "quiet" course proved disastrous for supporters of Idaho
>State Senator Grant Ipsen's resolution to repeal Idaho's calls for a
>Constitutional Convention. Idaho, which has eight standing calls for a
>convention dating back to 1901, could have wiped the slate clean by
>passage of SCR/HCR 115, offered by Senator Ipsen.
> This extremely well researched and drafted piece of legislation
>identified each previous call Idaho made for a constitutional convention--by
>both name and date. It further sought to "repeal, rescind, cancel, nullify
>and
>supersede" all those previous resolutions; prevent the creation of "legal
>chaos" in opening a convention; and to "protect the lives and liberties of
>the
>citizens" by sparing the Constitution from the uncertainties of a convention.
> Senator Ipsen, along with his supporters, managed to get the bill
>through the Senate without any major difficulty. The vote on 26 February,
>1997 was an astonishing 30-4 in the full Senate (with one member absent).
> As the bill found its way into the House State Affairs Committee,
>Senator Ipsen (and many others) thought it best not to sound any alarms
>that would bring down the wrath of the establishment. They were
>concerned that publicity would bring with it the big gun-supporters of the
>proposed Balanced Budget Amendment. It was feared that folks like
>Idaho's U.S. Senator Larry Craig, a major B.B.A. supporter, would twist
>arms and force a showdown of loyalty to persona.
> Quietly, with little fanfare or publicity, on 14 March, 1997 the bill
>met
>its demise in the House Committee--never having a chance to be brought
>before the full House.
> The vote was a razor thin 10-9 margin. The chairman of the House
>Committee, Ron Crane, and another member of that committee, Ruby
>Stone were said by sources near the legislature to have remarked that this
>bill would "cut off Larry Craig's legs," and for that reason, they voted to
>kill
>it.
> Interestingly, it is supposed to be the state legislature that dictates
>the
>beliefs and voting patterns of their representatives in the United States
>Senate. Apparently, at least in Idaho, the tail is permitted to wag the dog.
> No better time exists than the present for this type of legislation.
>Indeed, with only 34 states needed to call for a convention (see Article V
>of the Constitution), and with 30 having made such calls (Idaho included),
>this would have been an excellent opportunity for Idahoan statesmen to
>have helped pull the plug on a convention by passing the Ipsen resolution.
> 32 states had officially called for a convention, ostensibly to propose
>a Balanced Budget Amendment, until Louisiana & Florida passed
>rescission resolutions in the late 1980's. (Louisiana passed a "blanket"
>resolution--similar to the Idaho measure, whereas Florida only repealed its
>call for a "B.B.A. Convention.") Since then, action has been sporadic, and
>no other states have either issued calls, nor repealed earlier calls.
> Much information has been distributed by a wide coalition of patriot
>groups, and even some from the political left, warning of the dangers of a
>convention. This information has effectively blocked passage of Con-con
>calling resolutions in states where the measures have been brought.
> But the forces that want to expose the Constitution to radical surgery
>have also been ominous--blocking the passage of rescinding resolutions--
>like that issued by the courageous Senator Ipsen. Inquiring minds
>want to know if Larry Craig had his hands in this matter. And, if he is
>sincere in his vocalizing about balancing the federal budget, why does he
>vote to increase the limit on the national debt year after year?
> The following State Affairs Committee members voted AGAINST the
>Ipsen resolution: Ron Crane (chairman) Bill Deal (co-chairman), Ruby
>Stone, Margaret Henbest, Thomas Loertscher, Jeff Alltus, Twila Hornbeck,
>Debbie Field, Jim Jones, Cameron Wheeler. Patriots should immediately
>remove these people from their Christmas card list.
> Those who voted FOR the Ipsen resolution (and should therefore be put
>ON the Christmas card list) are Delegates: Tippets, Stevenson, Denney,
>Ellsworth, Kunz, McKague, Stoicheff, Alexander & Judd. Absent when the
>vote was taken were delegates Kjellander and Newcomb--who, if present
>and voting in favor, would have turned the vote around. (Where were you
>when the Constitution--which you have taken an oath to protect--needed
>your help in that committee?)
> So, instead of Idaho being an example of how these types of bills can
>be "quietly" passed, it stands as testimony that, in such matters, the public
>needs to be made aware of the bill IMMEDIATELY. Because, if our side
>knows about it, you can bet it has not gotten past those who have been
>trying for decades to open a Constitutional Convention. They have a
>wrecking ball ready for the bill of rights--and everything else that
>currently
>holds the would-be tyrants at bay!
> Both sides must be heard. Unfortunately, in Idaho, the opportunity is,
>as least for now, lost.
> (END, PART 1)
>
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Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
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