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by Matt Towery of Florida Insider
Will the proposed state constitutional amendment on same-sex
marriages pass?
We don't know.
How's that for a dazzling lead?
Sorry, but guessing on Amendment 2 amounts to
exactly that, a guess.
Okay, our guess is no, it won't pass. But
we've demurred on polling the issue. The pattern on polling
amendments in Florida is that the polls more times than not
slightly undercount the 'yes' votes. (Probably because poll
respondents get impatient with the details of often laborious
amendment wordings and lose focus while on the phone.) If that
pattern of poll undercounts sustains through Nov. 4, the ban may
make the required 60% it needs to become state law.
It should be close, and not necessarily for any
exciting reasons to do with bigoted conservatives or licentious
liberals. Most proposed constitutional amendments get between 55%
and 65% in the Florida. (Which is an endorsement of the new
constitutional requirement that proposed amendments must win 60%,
not the previous 50% plus one, to pass.)
Across America in recent years, constitutional bans
on gay rights have usually served the secondary - or perhaps the
primary - purpose of priming the pump of conservative turnout.
We've read some analyses of the Nov. 4 vote in Florida that say
McCain will benefit from the amendment being on the ballot.
Maybe. But we're more inclined to think McCain
will benefit from Barack Obama being on the ballot, though it many
not be enough for him to carry off the state's 27 electoral
votes. Put another way, turnout is going to be huge, gay rights or
not. The question this election cycle may be the reverse of in the
past: Will the top of the ticket boost the amendment vote?
The answer is obviously yes. But big turnout by
itself is an overrated phenomenon. Who or which side gets
the disproportionately big turnout versus the other guy. That's
the issue. And the likely answer to that is Obama and the pro-gay
rights electorate.
Moneyed activism is overrated too, this time.
Little education on gay rights is needed, or at least so voters
think. The issue is moral, not financial. It's intuitively
understood by most all. People already have their opinions on
what's quickly becoming an old-hat issue. The money mostly
affects turnout, and that's going to be high already.
The most interesting sidebar to this story is Gov.
Charlie Crist - he of the unceasing and largely unfair rumors about
his being or not being gay himself. The governor would seem to have
the political golf ball all teed up to put the rumors to rest.
Combined with his announced marriage plans, sticking to the party
line and publicly opposing same-sex marriage would seem to have
been the wise (if cynical) strategy; especially considering that
Crist backed such bans when he campaigned for governor in
2005-2006. But he has since backed off this GOP fallback position.
And he has repudiated his former stance with vague language that
suggests…well, never mind.
Being the amoral political analysts that we are, we're less
interested in the legalities of gay marriage than the politics of
it. And as is often the case, today's winners may be
tomorrow's losers, and vice versa.
If the gay marriage ban passes, gay activism in
urban areas of Florida will manifest in legal action, sympathetic
media attention, and probably some form of civil disobedience.
Remember that cities in places like Miami-Dade,
Alachua and Monroe counties have civil ordinances that allow for
domestic partnerships. Where a new constitutional amendment would
leave those local laws will likely be a matter of one or probably
more courts to decide.
But the public noise would remain, and so too would
the activism and fundraising on both sides. Because media will be
largely sympathetic to the pro-gay lobby, the conservatives will
continue to be portrayed as embarrassingly reactionary.
Combine that with a much more important dynamic --
that national entertainment media have largely accepted gay
lifestyles as mainstream (see the new Sean Penn film) -- and
you've got the ingredients for gays winning the day in the long
run, if by compromise with the unbending reality that gays are
here, and they are many.
Morality aside, ultimately the issue is more
accurately analogous to prohibition than to black civil rights. Gay
rights are about behavior. Too many millions of people are gay to
ever put this genie back in the bottle.
Where will it end? If it ever does, it will
probably be with a gay rights version of Roe vs. Wade from a US
Supreme Court gone liberal from Barack Obama appointees.
Ultimately, gay rights must be legally a matter of civil rights,
one way or the other (and contrary to the argument just above.) It
has to be decided thumbs up or thumbs down. And civil or human
rights issues end up in federal court, for better or for worse.
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WakeUpDaytona! correspondents Tom Blawn and William Covert traveled
to Kissimmee, FL Sunday afternoon to cover the visit of Alaska Gov.
Sarah Palin who was here to speak to Central Floridians about clear
choices...the choice of Obama/Biden vs. McCain/Palin...and what the
consequences of your choice in the voting booth may be over the
short and long term. We have amazing audio of the speech and great
interviews by Tom and William of the feelings of the people in
attendance...William also captured some photo's from as little
as 7 feet from the podium. You are free to download the audio and
share it with your friends, or recommend that they come listen to
it here at wakeupdaytona.com/palin Stay tuned...
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Originally Posted by Joseph Farah: October 13,
2008
1:00 am Eastern
www.worldnetdaily.com
© 2008
Americans are searching for answers to the economic crisis
characterized as the worst since the Great Depression.
But, as so often happens, we are looking in all the
wrong places.
I know it's not fashionable to suggest the
Bible as a source of wisdom on matters of contemporary concern. Ask
me if I care.
While others are turning to their favorite
economists for answers, I've been turning to the one and only
inerrant book inspired by the sovereign Creator of the universe. I
think everyone else is crazy for not looking there.
So what does the Bible say about our current
economic morass?
For one thing, it explains how to avoid such
catastrophes - and, I believe, how to fix this one.
First of all, you've got to understand the
fundamental problem we have is one of gargantuan debt. That's
the central problem in the mortgage scandal. It's the reason
banks and investment houses are going out of business. It's the
reason the stock market is failing. And it's the reason so many
Americans, burdened by excessive credit-card debt, are hurting.
The Bible has much to say about debt. It has a
radical solution for it, too. Though, I confess, I doubt many will
be willing to listen - since our society moves further from the
principles of the Bible on a daily basis.
But, for what it's worth, I'm going to
offer it as my own prescription for the economic crisis that is now
affecting the entire world. I know how America can reclaim its
position as a shining city on a hill in that world right now in
addressing its own financial problems - not just with a bailout
Band-Aid, but with a permanent and lasting solution that is just,
fair and compassionate.
The answer is found in Leviticus 25. It's
called the year of jubilee. It is a system of forgiveness of debts
that occurred in ancient Israel every 50 years. And, ironically, it
just so happens a new year of jubilee began last week on Yom
Kippur, or the Day of Atonement - the highest holy day in the
Hebrew calendar.
Whether or not George Bush or John McCain or Barack
Obama or Ben Bernanke could see our current crisis coming, God
clearly could. He understood thousands of years ago that debt would
ultimately spiral out of hand if left unchecked. So, along with
many other important economic lessons we have forgotten, He gave us
a prescription that would protect people from the kind of pain they
are feeling today, from the kind of injustice our government is
sticking us with today, from the kind of oppression all but the
very wealthiest are experiencing today.
The jubilee year was part of the Sabbath system -
something few Christians even understand today, despite the fact
that honoring the Sabbath is still part of the Ten
Commandments. The last day of the week, not the first, was
to be kept holy, set apart from servile work, maintained as the
Lord's day. Likewise, every seventh year was to be kept as a
sabbatical for the land. No crops were to be grown, no orchards
planted. Storehouses were to be maintained for grain and dried
fruits and vegetables during the six non-sabbatical years for the
seventh, eighth and even ninth years when the pattern of sowing and
reaping would begin again.
Then there was yet another Sabbath. After seven
cycles of sabbatical years - a total of 49 years - the 50th year
was special in another way. The Hebrew year 5769, which commenced
last Thursday, is one of these special jubilee years.
So what should happen according to God's
prescription?
It's simple. But, as I said, it's radical.
You will be told there are thousands of reasons we could never
accept such a solution. And that's why we will continue to put
Band-Aids on the patient who is rapidly bleeding to death.
In a year of jubilee, you declare all debts
forgiven. Period. End of story. It was not only a year to set
captives free and to end the bondage and oppression of men, it was
also a time to cancel all debts.
I can think of no better solution for America
today.
It would be better than a tax cut. It would be
better than another "stimulus package." It would be
better than the bailout. It would be better than any other
government-directed wealth-redistribution program on the table or
off.
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Barack
Obama and Andy Martin confront each other in Honolulu
Andy Martin's investigative team provokes a
"suspension" of Obama's campaign and a desperate trip
to Hawai'i by the presidential candidate
The drama builds to a Hollywood "High Noon"
confrontation.
As submitted by:
ANDY MARTIN
Executive Editor
ContrarianCommentary.com
"Factually Correct, Not Politically Correct"
FOR IMMEDIATE RELEASE:
Barack Obama and his nemesis, Obama author Andy Martin, face off in
Honolulu
Martin's Hawai'i investigaiton causes Obama to panic and
suspend his presidential campaign to head off Andy's
stories.
Chicago crusader Andy Martin is on the verge of taking down the
Obama campaign
(HONOLULU, HI)(October 20, 2008) You have to turn to Hollywood and
"High Noon" to find more drama than the confrontation
building in Hawai'i. The good sheriff stands alone against the
Obama Gang. Eliot Ness and the Untouchables? The Long Ranger? Pick
your own hero. Martin vs. Obama explodes into a Hollywood
classic.
I will do my best to defeat Obama even though I essentially stand
alone. I stand tall. All of the protagonists are from Chicago.
Despite ridicule and envy from Chicago's corrupt mainstream
media, I have spent over forty years successfully fighting crooked
politicians like Barack Obama and his Daley Machine cronies.
But take a look at one of the most dramatic time lines in recent
political history.
Two weeks ago on October 5th Sean Hannity aired a program that
terrified the Obama campaign. You can probably see my role at
FoxNews.com or on YouTube. The New York Times itself reported that
the morning after Hannity's program, I became the target of a
massive liberal assault at the Times. On October 6th I wrote a
column predicting that Hannity's show would become the most
important political program of 2008. On direct orders from the
Emperor Obama, the New York Times then unleashed its smear machine
on me.
One week ago, on October 13th, the Times tried to destroy me with a
front-page package of lies, distortions and outright fraud. The
Times failed. My investigative team arrived in Hawai'i and
began to dig, dig, dig.
I also predicted in a column that attacking me was the first big
mistake Obama and the Times had committed. You be the judge of
whether I am being proven correct.
I am still standing and the Times' credibility is going into
the toilet.
Before my team left for Hawai'i I predicted we would bring down
Obama. By sheer coincidence, one TV network was interested in my
mission and has been tagging along with a camera crew.
Monday (today) we petitioned the Hawai'i Supreme Court to order
Obama's secret birth records released.
How did Obama respond? He suddenly discovered that his grandmother,
who had supposedly been released from her hospital a week ago, when
he showed no interest in her, needed his immediate attention. Cool,
calm, collected Obama suddenly suspended his campaign and headed
for Hawai'i.
High Noon.
I have been issuing reports from Hawaii and we are on the streets
digging for the truth. This weekend we issued our story list for
Monday-Wednesday (Monday has been rescheduled-see above).
What has Obama done? Cancelled his campaign and announced he is
jumping on a plane to join Andy Martin in Hawai'i. Welcome
home, Barry (Obama's grandmother calls him
"Barry.")
High Noon in Hawaii.
Barack Obama vs. Andy Martin. The drama builds as we move closer
and closer to disclosing the dramatic truth about Barack Obama.
Was I right when I predicted Obama made a classic mistake when he
attacked me? Will Jim Rutenberg and all of the other Times
slimeballs regret their malicious attacks? You betcha.
Obama did not pay any attention to his grandmother until I showed
up in Honolulu. Suddenly she is the center of his attention. She is
so central to his campaign that he has suspended it! But when Obama
was here last summer he only visited his grandmother for an hour.
One hour! Now he suspends his campaign for her?
Could anyone have predicted a more dramatic series of developing
events? Hannity puts me on the air as the Chicago expert who
confirms the links between Obama and his longstanding
anti-American, terror network. Obama's goon squads immediately
try to smear me in retaliation. The New York Times creates a
front-page story out of 25 and 35 year-old nonsense in a desperate
attempt to discredit and derail my upcoming Hawai'i
investigation.
And Andy Martin's investigative team lands in Honolulu and goes
where no mainstream media have gone before, on the streets of
Honolulu to dig out the secret truths about Barack Obama.
Hawai'i Five-O looks tame by comparison.
I am still standing, fighting, and investigating, right here in
Obamaland. And Hannity's dramatic show on October 5th will
prove to be the turning point in the fight to retake America from
the Obamabots and their crooked clandestine campaign cash (Without
Andy, Hannity's second show on October 19th was dull by
comparison and provoked no response from the Times or Obama).
The day we landed in Honolulu was Obama's D-Day. He can't
scare us. He can't stop us. He can't intimidate us and the
New York Times can't smear us with lies, half-truths and
distortions.
The irony in all of this television drama is that Fox News is not
the network following me around Hawaii. I will leave it to the
network to disclose which one it is.
Barack Obama is looking increasingly like a desperate, doomed
candidate whose Big Lie is about to be exposed.
The New York Times tried to suggest I exaggerate. Do I exaggerate?
Apparently Barack Obama doesn't think so. He knows what I know.
And soon you will know what Obama and I know.
What Obama fears most is that I search for the truth not because I
am associated with McCain (I am not) or because I am a partisan
Republican (I am not a right-winger). Rather I search for the truth
for the sake of the truth, the whole truth and nothing but the
truth. I took an oath as an 18 year old to defend the Constitution
of the United States from its enemies.
Barack Obama is an enemy of the Constitution. He is using tens of
millions of dollars in clandestine campaign cash from unknown
sources to stage an electoral coup d'etat in our nation. That
is why I keep fighting for the truth.
Barack Obama has been lying to the American people. And his Big Lie
is about to be exposed.
Now that his secrets are on the verge of being revealed he has
panicked and suspended his campaign to visit Hawai'i. Do you
believe Obama's explanation for the sudden trip?
Or do you believe me?
Do you believe the smear merchants at the New York Times? Or my
truthful words on Sean Hannity's America?
If Barack Obama is defeated, he will have two people to blame: me
and Sean Hannity.
It doesn't get any better than this.
Stay tuned for High Noon in Honolulu. HERE IS THE ACTUAL
SUPREME COURT PETITION
Petitioner Pro Se
IN THE
SUPREME COURT OF HAWAI'I
SUPREME COURT DOCKET NUMBER: 29414
ANDY MARTIN,
Petitioner,
HON. LINDA LINGLE, in her
official capacity as Governor;
DR. CHIYOME FUKINO, in her
official capacity as Director
of the Department of Health,
HON. BERT AYABE, in his official
capacity as Circuit Judge,
Respondents.
___________________________________
EMERGENCY PETITION FOR WRIT OF MANDAMUS
INTRODUCTION AND PRELIMINARY STATEMENT
The question of the authenticity and public availability of the
birth certificate of Senator Barack Obama (hereinafter
"Obama") has become a source of increasing embarrassment
for Hawai'i Government.
Although Obama has purportedly posted a copy of his birth
certificate on his own web site, and others claim to have posted
other versions, Obama refuses to allow public access to the
official records of the State of Hawaii.
Petitioner is an author and columnist who came to Hawai'i to do
research on Obama's years in Hawai'i. After arriving in
Honolulu, Petitioner decided he needed a copy of the original birth
certificate, as well as any official files relating to the issuance
of said certificate.
The Executive Branch Department of Health has repeatedly and
egregiously mischaracterized the Hawai'i statute governing
access to birth certificates, and did so again on October 17th in a
statement to the Honolulu Advertiser.
Petitioner applies to this Court for an appropriate writ, and
offers two separate avenues of potential relief for the Court to
consider.
I.
JURISDICTION
This court has jurisdiction of this Petition pursuant to HRS
Ã'§ 602-5 (a)(3).
II.
FACTUAL ALLEGATIONS
1. The Petitioner
Petitioner Andy Martin has been writing about Obama for over four
years. Petitioner is the author of the best selling book
"Obama: The Man Behind The Mask."
Petitioner publishes an Internet newspaper,
http://ContrarianCommentary.com, as well as related blogs,
http://Contrariancommentary.wordpress.com and
http://ContrarianCommentary.blogspot.com.
Although Petitioner is not a practicing attorney, he is a respected
public interest and consumer rights litigator, see
http://www.AndyMartin.com. He holds a Juris Doctor degree from the
University of Illinois College of Law.
For example, in 2003 the Pennsylvania Supreme Court granted
Petitioner special leave of court to represent a U.S. Marine in a
landmark case arising under the Soldiers and Sailors Civil Relief
Act of 1940, see http://www.firstrespondersonline.us/director.htm
(see attached).
Petitioner is also highly controversial. His corruption-fighting
efforts in the Illinois courts and federal courts have provoked
intense hostility and counter-reactions from judges who were the
targets of his exposures see http://www.AndyMartin.com. These
judges have sought to vilify and demonize petitioner, and Obama has
sought to use these corrupt techniques to divert attention from
Obama's own questionable personal history.
Petitioner is undaunted.
In Hawai'i, petitioner is accompanied by a network television
camera crew. Thus the bona fide news value of his current
litigation activity is not subject to question.
2. The Respondents
A. Respondent Linda Lingle is named in her official capacity as
Governor and Chief Executive of the Executive Branch of Hawai'i
government.
B. Respondent Dr. Chiyome Fukino is joined in her official capacity
as Director of the Hawai'i Department of Health.
C. The Hon. Bert Ayabe is named in his official capacity as a
Circuit Judge of the First Circuit. As will be shown below, Judge
Ayabe's joinder in this petition does not necessarily involve
any criticism of the judge and reflects the absence of any local
rules to govern the judge's authority.
3. The birth certificate (certificate of live birth)
A. For the convenience of this court, Petitioner has submitted a
copy of the Circuit Court proceedings as a separate Appendix. Those
documents are incorporated by reference in this petition.
B. In summary, Petitioner applied for and was denied a copy of
Obama's birth certificate. Petitioner then commenced a
proceeding in the First Circuit on October 17, 2008 while still
physically present in Honolulu.
C. Petitioner notified Judge Ayabe of Petitioner's limited
availability in Hawaii, and requested or suggested an emergency
hearing.
D. Judge Ayabe responded promptly through his judicial assistant
with a hearing date after the 2008 election on November 7th.
Petitioner was also notified that in order to exercise his rights
and pursue his petition he would have to return from Chicago to
Honolulu, as there was no provision for telephone hearings. (It was
not clear whether the judge viewed the absence of telephone rules
as a preclusion of telephone hearings, or was imposing his own
individual rules of practice).
E. Petitioner was required to file his lawsuit in Hawai'i. No
other court system has jurisdiction of local Hawai'i officials.
Petitioner should be as welcome in the Hawai'i court system as
a Hawai'i citizen would be on the mainland. There are no
artificial boundaries or distinctions under the Privileges and
Immunities Clause of the U. S. Constitution. If Petitioner must be
present in Hawai'i in order to vindicate rights and remedies
under the Hawai'i Constitution and statutes he will be
precluded from doing so.
F. Hawai'i is a sophisticated international business center. It
is simply impractical for parties to be physically present in the
State as a precondition of access to Hawai'i government or the
judicial system.
G. Rule 11 of the Probate Rules provides for "Telephone
Conference Call Hearings." On information and belief there is
no parallel provision in the Civil Rules.
H. Petitioner remains present in Hawai'i through October 22nd
and available for emergency hearings in person.
I. This Court can take its own judicial or official notice that
numerous state and federal court systems provide for telephonic
participation, see e.g. Florida Rules of Judicial Administration
2.530.
III.
RELIEF REQUESTED
This Court can deal with this petition by either one of two
separate approaches.
First, the Court could decide that the Executive Branch's
misapplication and misinterpretation of the relevant statute (see
Exhibit 1 to the Circuit Court Complaint) raises issues of
sufficiently great public and national importance that the Court
will entertain the issues presented as a matter of the exercise of
this Court's original jurisdiction. In that case the writ of
mandamus, if granted, would issue directly to the executive branch
and Judge Ayabe's role would become moot and coram non
judice.
Second, this Court could decide that the Circuit Court should
conduct an expedited hearing, and do so either while Petitioner is
still physically present in Hawai'i or while Petitioner is
allowed to participate on the telephone, directing that the Circuit
Judge either schedule a prompt hearing or ask that the case be
reassigned to a judge who can conduct a hearing before the 2008
election. In that case the writ, if granted, would issue to the
Circuit Judge.
The approach which this Court prefers to adopt is entirely at the
discretion of the tribunal.
IV.
BASIS FOR GRANTING RELIEF
A. The constitutional issue
In Elrod v. Burns, 427 U.S. 347, 373, 96 S. Ct. 2673, (1976) the
Supreme Court stated "The loss of First Amendment freedoms,
for even minimal periods of time, unquestionably constitutes
irreparable injury." The authenticity and contents of a
presidential candidate's birth certificate is at the apex of
First Amendment concerns, Monitor Patriot v. Roy, 401 U.S. 265, 91
S.Ct. 621 (1971)("[I]t can hardly be doubted that the
constitutional guarantee has its fullest and most urgent
application precisely to the conduct of campaigns for political
office.")
To say that a proceeding will not be convened until after the
election is to create the very type of unconstitutional delay
precluded by Elrod, and creates a justifiable public suspicion of a
conspiracy and cover-up by Hawai'i officials.
Elrod does not appear to have been cited by any Hawai'i court
but has been cited numerous times by federal judges in Honolulu,
see e.g. Rapp v. Disciplinary Board, 916 F. Supp. 1525, 1539 (D.
Hawai'i 1996); Walsh v. Honolulu, 423 F.Supp.2d 1094, 1108 (D.
Hawai'i 2006); Swanson v. University, 269 F. Supp. 1252, 1260
(D. Hawai'i 2003); Legal Aid v. Legal Services, 961 F. Supp.
1402, 1417 (D. Hawai'i 1997). Although Petitioner filed his
Circuit Court lawsuit under the Hawai'i Constitution and not
the First Amendment, this Court has previously interpreted those
rights to be coextensive.
B. The procedural issue
There is an anomaly under Hawai'i procedure where probate rules
provide for telephone hearings but civil rules do not. Perhaps this
gap motivated the circuit judge to deny a hearing, or to adhere to
such procedures as a general practice.
Certainly in the modern commercial age, with Hawai'i at the
crossroads of international business, antiquated notions of
physical presence as a precondition for access to Hawai'i
government should be reconsidered. The Privileges and Immunities
Clause of the U.S. Constitution would also appear to lean in favor
of allowing out-of-state litigants from the mainland to be heard by
telephone.
C. The substantive issue
a. The statute
HRS Ã'§ 338-18 (b) limits disclosure of
records to persons having "a direct and tangible interest in
the record." The statute then provides thirteen (13) examples
as illustrative, but not exclusive, including number (9): "A
person whose right to inspect or obtain a certified copy of the
record is established by an order of a court of competent
jurisdiction."
The Respondents have steadfastly misinterpreted the "direct
and tangible interest" standard into one requiring a direct
and tangible "relationship" between the party and the
record. Thus there is a serious abuse of discretion and statutory
misinterpretation by the executive branch. The Respondents have
persisted in this misinterpretation despite notice that their
interpretation of the statute was a misinterpretation, and will no
doubt proffer the same misinterpretation to this Court as their
initial response to this petition.
Researchers, scholars, writers and news media-and Petitioner has
attributes of all of the foregoing-have a "tangible
interest" in many public citizens without any
"relationship" to those persons. Petitioner is sensitive
to privacy issues and identity theft issues. But no one is likely
to try to hold themselves out to be "Barack Obama" using
a birth certificate issued by Respondents.
Nevertheless, the very vehemence with which Hawai'i officials
have misconstrued a state statue, and the manner in which Obama has
attempted to manipulate and control access to his personal records
(see infra), raise legitimate suspicions in the mind of the
public.
b. The waiver and admission issues
Obama claims that he has posted a conformed copy of his birth
certificate on a web site. It is impossible to say whether this
assertion is true, because Petitioner has no official copy to
compare to the Internet version. Obama has not posted any of the
source information or supporting data. If Obama has posted a
version of his birth certificate, it would appear he has waived any
privacy issues and the statutory restrictions on issuance of a copy
to Petitioner no longer apply.
It is indeed a very peculiar state as now exists where Obama claims
he has released his birth certificate or at least his latest
version of the document, and yet claims that no one should be able
to obtain an official copy of the same document from the State of
Hawai'i or review the source information for the certificate.
Waiver would appear to be applicable and render nugatory any
privacy concerns.
Obama has claimed he was born in a Honolulu hospital, but there is
no verifiable evidence to sustain that claim. An examination of
birth records is thus essential to resolve the lingering
doubts.
As judges, certainly the members of this Court are aware that
punctilious concern for accuracy would mandate that any counsel
preparing a case in which the birth certificate was an issue, must
obtain a certified copy and not a copy grabbed off an Internet web
site. As an author and columnist, Petitioner adheres to the same
high standards of accuracy in the search for original truth.
The fact that Obama has in fact posted his birth certificate on the
Internet is a confirmation that he believes that issue is a topic
of legitimate public interest.
D. The common law writ of mandamus
Petitioner has reviewed this Court's jurisprudence concerning
and construing the common law writ of mandamus. Petitioner submits
that the extraordinary facts of this Petition provide a basis for
extraordinary and emergency action. As the attached docket sheet
from the Pennsylvania Supreme Court attests, Petitioner is
experienced in preparing, filing and obtaining relief through
extraordinary writs on an emergency basis.
CONCLUSION
Most respectfully, Petitioner asks this Court to take emergency
action and to grant one of the alternative forms of relief outlined
in this petition.
DATED: October 20, 2008
Honolulu, HI
Respectfully submitted,
ANDY MARTIN
Post Office Box 1851
New York, NY 10150-1851
Andy Martin is a legendary Chicago muckraker, author, Internet
columnist, radio talk show host, broadcaster and media critic. He
is currently based in New York selling his new book, Obama: The Man
Behind The Mask. Andy is the Executive Editor and publisher of
www.ContrarianCommentary.com. © Copyright by Andy Martin 2008.
Martin comments on regional, national and world events with over
forty years of experience. He holds a Juris Doctor degree from the
University of Illinois College of Law.
His columns are also posted at ContrarianCommentary.blogspot.com;
contrariancommentary.wordpress.com. Andy is the author of Obama:
The Man Behind The Mask, published in July 2008, see
http://www.OrangeStatePress.com.
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Our Tax System Explained: Bar Stool Economics Suppose that every
day, ten men go out for beer and the bill for all ten comes to
$100. If they paid their bill the way we pay our taxes, it would go
something like this: The first four men (the poorest) would pay
nothing. The fifth would pay $1. The sixth would pay $3. The
seventh would pay $7. The eighth would pay $12. The ninth would pay
$18. The tenth man (the richest) would pay $59. So, that's what
they decided to do. The ten men drank in the bar every day and
seemed quite happy with the arrangement, until one day, the owner
threw them a curve. 'Since you are all such good
customers,' he said, 'I'm going to reduce the cost of
your daily beer by $20.' Drinks for the ten now cost just $80.
The group still wanted to pay their bill the way we pay our taxes
so the first four men were unaffected. They would still drink for
free. But what about the other six men - the paying customers? How
could they divide the $20 windfall so that everyone would get his
'fair share?' They realized that $20 divided by six is
$3.33. But if they subtracted that from everybody's share, then
the fifth man and the sixth man would each end up being paid to
drink his beer. So, the bar owner suggested that it would be fair
to reduce each man's bill by roughly the same amount, and he
proceeded to work out the amounts each should pay. And so: The
fifth man, like the first four, now paid nothing (100% savings).
The sixth now paid $2 instead of $3 (33%savings). The seventh now
pay $5 instead of $7 (28%savings). The eighth now paid $9 instead
of $12 (25% savings). The ninth now paid $14 instead of $18 (22%
savings). The tenth now paid $49 instead of $59 (16% savings). Each
of the six was better off than before. And the first four continued
to drink for free. But once outside the restaurant, the men began
to compare their savings. 'I only got a dollar out of the
$20,'declared the sixth man. He pointed to the tenth man,'
but he got $10!' 'Yeah, that's right,' exclaimed
the fifth man. 'I only saved a dollar, too. It's unfair
that he got ten times more than I got' 'That's
true!!' shouted the seventh man. 'Why should he get $10
back when I got only two? The wealthy get all the breaks!'
'Wait a minute,' yelled the first four men in unison.
'We didn't get anything at all. The system exploits the
poor!' The nine men surrounded the tenth and beat him up. The
next night the tenth man didn't show up for drinks so the nine
sat down and had beers without him. But when it came time to pay
the bill, they discovered something important. They didn't have
enough money between all of them for even half of the bill! And
that, ladies and gentlemen, journalists and college professors, is
how our tax system works. The people who pay the highest taxes get
the most benefit from a tax reduction. Tax them too much, attack
them for being wealthy, and they just may not show up anymore. In
fact, they might start drinking overseas where the atmosphere is
somewhat friendlier. For those who understand, no explanation is
needed. For those who do not understand, no explanation is
possible.
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Henry Paulson and I walked along past the banks, their branches
closed up by the gloom. Posing our questions to the President and
his friends, as our cash slipped away all too
soon,
Cause they've squandered my fortunes and maybe yours too, but I
can't seem to find my friends Lehman and
WaMu.
Chorus-So help me if you can I've got to get back to my poor
house-the foreclosure's at one, you'd be surprised
there's so much to be done--count all the Feds in my drive,
chase the vultures from the sky, back to the days of simple bank
robbers and clues.
Barack and McCain they don't know what to do, they've got
issues and press on their nose.
So I question their sanity they want to be king, and hope they
don't ask me what to do.
I'd send them to talk with old Ben if he's there; ask how
he plans to pull billions from the air!
Chorus- So help me if you can I've got to get back to my poor
house-the foreclosure's at one, you'd be surprised
there's so much to be done--count all the Feds in my drive,
chase the vultures from the sky, back to the days of simple bank
robbers and clues.
Back to the days of simple bank robbers
Back to the days of simple bank robbers
Back to the days of simple bank robbers leaving clues
Russ Riendeau, is
a Barrington IL business consultant and a musical aficionado and
humorist.
Since 1988 he has
traveled throughout America giving keynotes, workshops and panel
discussions on topics of motivation, peak performance and talent
management. He specializes in creating song parodies on a variety
of business topics to entertain and educate his
audiences.
Some of this
earlier parodies include our obsession with material possessions
(Spam), our overly litigious society (Sue Peggy Sue), greed and
temptation (I Fought the Law),technology (Blackberry Man), and
office romance (Why Must I Be A CEO In Love), to name
some.
With 'House
On Poor Corner' Russ seeks to strike a heartfelt note with both
the old and a new generations of worried and nervous, fellow
citizens.
'We're
all feeling fear over the financial crisis', Riendeau
said.'The song takes humorous aim at all those who may have a
hand in the situation - government, banks, and
opportunists.
To learn more
about Russell Riendeau and find links to the 'House on Poor
Corner' visit
www.russellriendeau.com.
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Tuesday, September 23, 2008; Page A21
"The queen had only one way of settling all
difficulties, great or small. 'Off with his head!' she said
without even looking around."
-- "Alice's Adventures in
Wonderland"
Under the pressure of the financial crisis, one
presidential candidate is behaving like a flustered rookie playing
in a league too high. It is not Barack Obama.
Channeling his inner Queen of Hearts, John McCain furiously, and apparently without even
looking around at facts, said Chris Cox, chairman of the Securities and Exchange Commission, should be
decapitated. This childish reflex provoked the Wall Street Journal to editorialize that
"McCain untethered" -- disconnected from knowledge and
principle -- had made a "false and deeply unfair"
attack on Cox that was "unpresidential" and
demonstrated that McCain "doesn't understand what's
happening on Wall Street any better than Barack Obama
does."
To read the Journal's details about the depths
of McCain's shallowness on the subject of Cox's
chairmanship, see "McCain's Scapegoat" (Sept. 19,
Page A22). Then consider McCain's characteristic accusation
that Cox "has betrayed the public's trust."
Perhaps an old antagonism is involved in
McCain's fact-free slander. His most conspicuous economic
adviser is Douglas Holtz-Eakin, who previously headed the
Congressional Budget Office. There he was an
impediment to conservatives, including then-Rep. Cox, who, as
chairman of the Republican Policy Committee, persistently tried
and generally failed to enlist CBO support for "dynamic
scoring" that would estimate the economic growth effects of
proposed tax cuts.
In any case, McCain's smear -- that Cox "betrayed the
public's trust" -- is a harbinger of a McCain presidency.
For McCain, politics is always operatic, pitting people who agree
with him against those who are "corrupt" or "betray
the public's trust," two categories that seem to be
exhaustive -- there are no other people. McCain's Manichaean
worldview drove him to his signature legislative achievement, the
McCain-Feingold law's restrictions on campaigning. Today, his
campaign is creatively finding interstices in laws intended to
restrict campaign giving and spending. (For details, see The Post
of Sept. 17, Page A4; and the New York Times of
Sept. 20, Page One.)
By a Gresham's Law of political discourse, McCain's Queen
of Hearts intervention in the opaque financial crisis overshadowed
a solid conservative complaint from the Republican Study Committee,
chaired by Rep. Jeb Hensarling of Texas. In a letter to Treasury Secretary Henry Paulson and Fed Chairman
Ben Bernanke, the RSC decried the improvised
torrent of bailouts as a "dangerous and unmistakable
precedent for the federal government both to be looked to and
indeed relied upon to save private sector companies from the
consequences of their poor economic decisions." This
letter, listing just $650 billion of the perhaps more than $1
trillion in new federal exposures to risk, was sent while
McCain's campaign, characteristically substituting vehemence
for coherence, was airing an ad warning that Obama favors
"massive government, billions in spending
increases."
The political left always aims to expand the
permeation of economic life by politics. Today, the efficient means
to that end is government control of capital. So, is not
McCain's party now conducting the most leftist administration
in American history? The New Deal never acted so precipitously on
such a scale. Treasury Secretary Paulson, asked about conservative
complaints that his rescue program amounts to socialism, said,
essentially: This is not socialism, this is necessary. That non
sequitur might be politically necessary, but remember that
government control of capital is government control of capitalism.
Does McCain have qualms about this, or only quarrels?
On "60 Minutes" Sunday evening, McCain, saying
"this may sound a little unusual," said that he would
like to replace Cox with Andrew Cuomo, the Democratic attorney general of
New York who is the son of former governor Mario Cuomo. McCain explained that Cuomo has
"respect" and "prestige" and could
"lend some bipartisanship." Conservatives have been
warned.
Conservatives who insist that electing McCain is
crucial usually start, and increasingly end, by saying he would
make excellent judicial selections. But the more one sees of his
impulsive, intensely personal reactions to people and events, the
less confidence one has that he would select judges by calm
reflection and clear principles, having neither patience nor
aptitude for either.
It is arguable that, because of his inexperience,
Obama is not ready for the presidency. It is arguable that McCain,
because of his boiling moralism and bottomless reservoir of
certitudes, is not suited to the presidency. Unreadiness can be
corrected, although perhaps at great cost, by experience. Can a
dismaying temperament be fixed?
georgewill@washpost.com
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Teachers aren't the only ones who think they
are underpaid.
'The school district has gotten cheap labor for
a long time in this position,' said Orange School
Superintendent Ron Blocker, who thinks he is being shortchanged,
too.
Blocker pulls down $298,756 a year, when his salary
and extras including an annuity and expense account are tallied.
That's more than six times what the average teacher makes.
Gov. Charlie Crist earns only $132,932 a year under
a state pay scale that provides considerably stingier benefits than
local school boards heap on superintendents.
School superintendents across the region get a good
dollar, compared with earnings for the average Joe -- or even the
average Joe college graduate with an advanced degree similar to one
a superintendent might have.
U.S. Census Bureau statistics for 2007 indicate
that just under 8 percent of Florida workers earned more than
$100,000 a year.
The average wage earner with an advanced degree
made $56,542. The average salary for a teacher in Central Florida
is between $42,000 and $49,000.
But the school superintendents, who make four or
five times as much, say they are worth every penny.
'I am responsible for the education of more
than 64,000 students, and I take it very seriously,' said Bill
Vogel, superintendent of Seminole County schools, who tops
Blocker's take by snagging $310,981 from taxpayers
annually.
Vogel got a pay increase this summer, even though
School Board Chairman Diane Bauer said the district 'didn't
have a penny' to give raises to teachers and other
employees.
The School Board is chopping nearly $30 million
from school district programs this year because of cutbacks in
state funding and rising costs for necessities such as electric and
diesel fuel.
But Vogel's contract required a nearly 4
percent cost-of-living increase. The superintendent says he will
donate net earnings from the extra $7,058 to the school
system's charitable foundation this year, although it will
figure in his base pay in subsequent years.
Vogel, Blocker and the other superintendents have a
number of cash benefits in addition to their salaries that boost
their incomes. The perks are written into their contracts.
Blocker got a $19,256 bonus from the School Board
this past school year after the School Board said he was doing a
good job.
Vogel 'retired' from the school system two
years ago and draws a $5,940 monthly state retirement check in
addition to his pay and other cash benefits. He returned to work a
month after retiring, as allowed by state law.
Peg Smith, superintendent of Volusia schools, gets
$652 a month to lease a big Buick. She also gets cash tucked away
in an annuity -- $26,275 this past year.
'Reasonable compensation'
'It has to be reasonable compensation for all
of the years of experience and training,' said Smith, who is in
line to earn as much as $240,908 this year.
Smith points out that she plans to take a 2 percent
cut in base pay this year -- about $3,500 -- because the district
is in desperate financial straits. She says she also might give up
a $14,431bonus she earned based on student FCAT scores, dropout
rates and graduation rates.
Still, Smith and most of the other superintendents
are paid considerably more than the state's suggested salaries
for school-district heads.
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Authored by Chuck Norris
Posted: September 22, 2008
1:00 am Eastern
© 2008
America is broke. Wall Street is going out of
business. The government is borrowing and bailing like there is no
tomorrow. Americans anxiously await the full impact of a second
Great Depression. And we all are longing and looking for solutions
and saviors.
Well, have no fear. Our founders are here.
Yes, it's official and public news for the
whole world to see: Government is the worst run business on the
face of the planet. We've known it for a long time - we're
just now facing the monetary music. We're going under, fast.
And the government's remedy is to return to its cycle of
treasury vomit - spending money it doesn't have by borrowing
money it can't pay back. But the cat's costs are out of the
bailout bag, too. Fannie May, Freddie Mac, AIG insurance, etc., are
all birth pains of greater taxpayer burdens to come. The Fed's
rescue plan will cost Americans another $1 trillion dollars - for
those doing the math, that's roughly $3,600 each in taxes.
But most Americans' pocketbooks are barren
wastelands - with maxed payments, mortgages and consumer credit. So
where will the Fed get another trillion dollars when it already
holds a $9 trillion dollar deficit? From the same black hole it got
the preceding $9 trillion. We make more money and lessen the value
of the dollar; we borrow more money and lose our grip on our
nation. America is up for sale. And foreign entities and powers are
buying up our debt to own a large piece of the pie called America.
We are literally mortgaging our land and liberties - and our
children's future. And our government is not only doing nothing
to stop it - it is the bureaucratic broker arranging the deal!
Who will save us from our certain financial despair
and ruin? The president? The secretary of the Treasury? The Federal
Reserve? Congress? An ad hoc committee of Harvard MBAs? Some
of America's best and biggest financial moguls? A new
president?
America, it's time to wake up and fight for our
future! When Congress pays 1.26 cents per penny and 7.7 cents per
nickel - and wastes $100 million a year in doing so - it's time
to make major changes in government. But the changes we need are
not those that come with empty political promises to provide
universal health - which is guaranteed to accrue billions more in
debt every year. A presidential candidate pledges to lower taxes
for 95 percent of the people and increase taxes for the other 5
percent, but that can't be done when only 70 percent of
Americans pay taxes and 30 percent pay no federal taxes at all.
It's true that we can't repeat the last
eight years of government. But it's even more clear that we
can't repeat the last 38 years of government financial
mismanagement, especially when only four of those since 1970 have
not been deficit-building years. The fact is, electing the same old
Republican and Democrat money-management methods will do nothing
more than bury us deeper in the quick sands of government spending
and debt. What we need is to turn back the financial clock 200
years and return to the fiscal prudence of our Founding
Fathers.
Call me altruistic - say the plan is
oversimplified. But even mom always taught me when I was young,
"If you get in a pinch, go back to the basics." It works
in martial arts. It works in the movies. It works in marriage. It
works in financial markets. And it worked for our Founding
Fathers.
With small variances, our founders agreed on four basic approaches
to fiscal management, which I describe in far more detail in the
third chapter ("Stop the nightmare of debt") of my new
New York Time's best-seller (as of Sept. 28), "Black
Belt Patriotism," in which I address eight major problems
facing America with our founders' solutions. If we're going
to reawaken America from her economic slumber, then we must go back
to those who discovered and established the American dream. Their
financial principles were:
1. Keep spending within
constitutional limits. The Tenth Amendment restricts the size
of government, and that should always bear out in the federal
budget and spending. That means understanding income and export
taxes were unconstitutional to our founders, which if applied today
would be two of the greatest economic stimulus packages.
2. Return to a pay-as-you-go government. If
we don't have the money, we don't spend it. Period. No more
debt. No more bailouts. No more spending. As Thomas Jefferson once
wrote to Fulwar Skipwith in 1787, "[T]he maxim of buying
nothing but what we had money in our pockets to pay for
…[is] a maxim, which, of all others, lays the broadest
foundation for happiness." (Some are quick to point out that
Thomas Jefferson financed the Louisiana Purchase with government
loans, but they overlook the fact that Jefferson's
administration lowered the federal deficit by nearly one-third in
his eight years in office.)
3. Tax for imports, not exports or anything
else. Our earliest government's primary tool to raise
revenue was from tariffs. Obviously, we can't raise all the
monies our government now needs by imports alone (because of its
excessive taxation dependence through the decades), but we need to
return to our founders' simple taxation system. That is one
reason why I say abolish the unconstitutional IRS and implement a
Fair Tax. Early Americans did not pay income taxes, export taxes,
capital gains taxes, estate and property taxes, corporate taxes,
social security taxes, gas taxes or any of the rest of them we pay.
However, our founders did build revenue by requiring import taxes
from those who wanted to sell us their goods. The fact is, most of
our taxes are unconstitutional and would therefore be illegal to
our founders. We must appoint only elected officials who want to
scrap the present tax code and return to a fair or flat
(consumptive) tax system, which doesn't penalize productivity
and will bring American manufacturing back within our borders. As
James Madison said in his "Address to the States" in
1783: "Taxes on consumption are always least burdensome,
because they are least felt, and are borne too by those who are
both willing and able to pay them; that of all taxes on
consumption, those on foreign commerce are most compatible with the
genius and policy of free States."
4. Get over the greed. We're in this
financial mess because of greed. Why is government spending out of
control? Greed. Why do we as individuals and as a nation keep
falling deeper into a pit of debt? Greed. We need, we want and we
have to have it. We can't afford it, but we can't say no.
So we charge it, deferring the penalty. We can't blame it all
on the government, because we appoint our representatives and many
of us struggle with greed just like them. If not, then what is it
exactly we're expecting our future presidential choice to do
for us, and how is he going to pay for it? Alexander Hamilton, the
first secretary of the Treasury, believed a government that could
use greed to motivate its people would become powerful and wealthy.
Unfortunately, he was correct. We've become a nation that
confuses our needs and greeds - and we've got to get back to
the basics if we're ever to understand and overcome the heart
of this financial crisis.
Many of the founders warned about America's
potential fiscal woes under the power of a central bank. Thomas
Jefferson was one of Hamilton's biggest opponents, almost
prophesying as president in 1803 to Albert Gallatin, "This
institution is one of the most deadly hostility existing, against
the principles and form of our Constitution. … I deem no
government safe which is under the vassalage of any
self-constituted authorities, or any other authority than that of
the nation, or its regular functionaries. What an obstruction could
not this Bank of the United States, with all its branch banks, be
in time of war? It might dictate to us the peace we should accept,
or withdraw its aids. Ought we then to give further growth to an
institution so powerful, so hostile? … Now, while we are
strong, it is the greatest debt we owe to the safety of our
Constitution, to bring its powerful enemy to a perfect
subordination under its authorities."
What we need today is far more men and women in
government with our founders' financial forethought and
cautiousness. But that is not what we have. That is why I've
joined the voter revolution across this land, to oust political and
congressional corruption and stalemate. If you're ready to join
millions of other Americans in that commitment, then give me three
steps: (1) Make a pledge to bring about political and congressional
change in future elections; (2) Recall unconstitutional
congressional incumbents; (3) Rise up and elect above-reproach,
non-greedy selfless representatives who aren't afraid to stand
up to governmental status quo and corruption, will vote for
constitutional restrictions of government, reduce big government
(deficits, budgets, spending, and taxes), reform the tax code (by
providing a Fair Tax or its equivalent) and fight for a
constitutional amendment for a mandated balanced federal
budget.
America is in the biggest financial fiasco since
the Great Depression. And while we can put anesthetic on her
financial injuries via temporary government bailouts, we're
heading for another economic earthquake that will ultimately widen
and deepen her wounds. But it's not too late, especially if we
follow the sound fiscal advice of experts, including our
founders.
See the original article at: http://www.worldnetdaily.com/?pageId=75867
Chuck Norris is the star of more than 20 films and the
long-running TV series "Walker, Texas Ranger." His brand
new book, "Black
Belt Patriotism," Learn more about his life and
ministry at his official website, ChuckNorris.com.
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by Joseph Farah
Posted: September 08, 2008
1:00 am Eastern
©
2008
The pieces are coming together.
We're getting a more complete picture of Barack
Obama's draconian plans to create a domestic army of radical
extremists promoting bigger and more intrusive government.
The plan is to create a boot camp for community
agitators - paid for by you, the U.S. taxpayer.
Investor's
Business Daily deserves credit for putting together the elaborate
jigsaw puzzle. I merely saw the smoke. IBD discovered the fire.
But for reference, you will want to read about what I
found previously regarding Obama's calls for a "civilian
national security force."
It seems Obama was a founding member of a group
called Public Allies in 1992. In 1993, he resigned before his wife,
Michelle, took over as executive director of the Chicago
chapter.
This little-known, but well-funded, band of
taxpayer-supported social misfits will, according to IBD, serve as
the centerpiece of his "Universal Voluntary Public
Service" program.
"Universal voluntary?" Isn't that an
oxymoron? Yes, but just consider the moron who is advocating
it.
"Big Brother had nothing on the Obamas,"
write the editorialists for IBD. "They plan to herd American
youth into government-funded re-education camps where they'll
be brainwashed into thinking America is a racist, oppressive place
in need of 'social change.'"
The "Obama Youth" will get a monthly
stipend of $1,800, plus paid health and child care, plus a $4,725
grant after their "service" for future education or
school loan payoffs.
But this isn't just a make-work program.
IBD says the "real mission is to radicalize
American youth and use them to bring about 'social change'
through threats, pressure, tension and confrontation - the tactics
used by the father of community organizing, Saul 'The Red'
Alinsky."
The group boasts that graduates of the program are
more than twice as likely as other young people to "engage in
protest activities." Isn't that wonderful? That's the
real purpose - using your tax dollars to foment extremist political
clashes, furthering the reach of Big Government into the lives of
all of us.
The government already pays about half the bill for
Public Allies through Bill Clinton's AmeriCorps program. Obama
seeks to fund it at levels equal to the U.S. Defense Department -
close to $500 billion annually.
This is what he meant when he said: "We've
got to have a civilian national security force that's just as
powerful, just as strong, just as well-funded" as the
military.
IBD concludes: "The gall of it: The Obamas
want to create a boot camp for radicals who hate the military - and
stick American taxpayers with the bill."
What else is there to say?
Such a program would fundamentally change the
character of America - possibly forever.
Someone should ask Obama, who claims to be a legal
scholar, where he finds such a program authorized among the
enumerated powers of the Constitution.
Now that would be an entertaining question and
answer for some intrepid member of the press.
Personally, I won't hold my breath waiting for
anyone with access to be so bold.
Remember what programs like this are about. They
are about empowering government to take more control over your
life. They are about limiting your freedom. They are about picking
your pocket. They are about changing the way you think by coercion.
They are about making you uncomfortable being an American. They are
about total power - and never letting go.
We've seen programs like this before - in
Hitler's Germany, Mussolini's Italy, Stalin's Soviet
Union and Mao's China.
Never again.
Joseph Farah is the CEO and Editor of WorldNetDaily.com
Link to original story http://www.worldnetdaily.com/?pageId=74643
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