Friday, March 28, 2014
Alfred Adask is a soft-spoken sweetheart of a political activist, and he is a bible-thumper. I consider him a wonderful human being and a nice guy. He used to publish the AntiShyster magazine, later renamed to Suspicions. Now he hosts a blog where he writes articles. Today he published this article dealing with a Texas law mentioning "man or other animals" (MOOA):
I write in response to his comments:
First of all, the bible's primitive and allegorical nature makes it anything BUT a credible source of information on the creation. The universe contains many orders of willed creatures (you do believe in angels and the archangel Michael, and the Holy Spirit, right?) subordinate to God, all different, and all thinking he created them in his own image and likeness. I'd say using the creation tale as the basis of any logical argument constitutes a logical fallacy on numerous levels. Furthermore, in his 3-volume Age of Reason, Thomas Paine lithely defeated the notion that Moses authored the first 5 books of the bible (among other flaws, the author of Deuteronomy, certainly NOT Moses, described Moses' funeral). So if you cannot believe the credentials of the author, how can you believe every word (or anything, for that matter) in the author's tales? Thus, your bible based arguments have to fall on the rational reader's blind eyes, if you get my drift.
Second, we have no reason to doubt that man is part of the so-called animal kingdom, physically just another mammal. But man differs from all the rest by possessing a putative gift from the Heavenly Father, a "personality." More correctly we might say that part of each human with survival capacity IS A personality. While we cannot precisely define personality, we know it has these characteristics: self-awareness; moral will, ability to exchange ideals, thoughts, ideas with other personalities; ability to desire to do good to (love) other personalities; and ability to crave to know God and to love and become like him to the extent allowed by inherent capacity and antecedent condition.
Most importantly, we know the effect of neglecting civilizational duty. It derives from the law of the survival of the fittest. When the delusional, through government, interferes with with that law by protecting the unfit or less fit, only WISDOM can prevail to find peaceable and humane ways to preserve the benefits of that law. That means government must find another way to eliminate the unfit.
Our nation's leaders have mired the land in the sticky goo of political correctness, welfare, suffrage and procreation prerogatives for the stupid and other irresponsibles, out of "goodness of heart" or Communist ambition, I imagine. So now 25% of the population lacks the cognitive ability to graduate from a normal high school. And another 40% to 50% lacks the knowledge and sense of responsibility to make prudent life decisions, including decisions regarding political matters. Originally only adult free white landed men could vote. Now women, the stupid, and the irresponsible may vote. Those have swamped the common sense of government and demanded largess from the public treasury to support them throughout their lives. The rest have effectively become their slaves.
Worst of all the smart, responsible people generally fail to organize in an effort to eliminate criminals, crime, and evil philosophy from Government. So long as otherwise responsible folks use fallacious BIBLE-BASED ARGUMENTS to bolster their points and political philosophy, they will look like bungling fools to the enormous group of responsible folks who don't. So, only fellow bible-thumpers will listen to anything they have to say.
THAT is the core problem with Adask's efforts to enlighten people. It's one thing to believe in and promote God, Jesus, the fatherhood of God and the brotherhood of man. It's another thing to shove the bible with its absolutely absurd atonement doctrine and creation story up the noses of intelligent readers, particularly when that and the bible's other nonsense have nothing to do with the issues at hand.
Alfred, every time you open your mouth or write about an issue and use the bible to bolster your points, you shoot yourself and your arguments in the foot.
We humans differ from lower ordered animals because we each have personality, and a spirit fragment of the Heavenly Father indwells the mind of all normal-minded people. We have a civilizational duty to strengthen the family and improve the gene pool, and a community duty to keep criminals and evil philosophy out of government, even if we must resort to rebellion and assassination to accomplish it. THAT's the point you should make.
A criminal in government by departing from constitutional duties and obligations to keep the government in operation according to its strict limits, a government actor becomes "ultra-vires" and establishes his/her own private personal oligarchy, usually in concert with and support of sycophants and fellow travelers. Such an oligarchy, by using force of government authority becomes treasonous, and all its subscribers become traitors.
Look carefully at the beginning of Article I of the Florida Constitution of 1838 (and other state constitutions) to see this principle emblazoned on the pages of history:
---- excerpt From the FL Const. 1838 --------------
Declaration of Rights.
That the great and essential principles of liberty and free government may be recognized and established, we declare:
Section 1. That all freemen, when they form a social compact, are equal; and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty; of acquiring, possessing, and protecting property and reputation; and of pursuing their own happiness.
Section 2. That all political power is inherent in the people, and all free governments are founded on their authority, and established for their benefit; and, therefore, they have, at all times, an inalienable and indefeasible right to alter or abolish their form of government, in such manner as they may deem expedient.
-------------- end of excerpt --------
See that? "at ALL TIMES an INALIENABLE and INDEFEASIBLE right to alter or abolish their form of government..."
The 2nd paragraph of the Declaration of Independence says the same thing.
----------- excerpt from Declaration of Independence --------------
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
----------- end of excerpt ----------
As I read that, it means that one need not sacrifice life, liberty, and property to stand up publicly against an ORGANIZED CRIMINAL OLIGARCHY operating under color of law while posing as legitimate government, IF one can accomplish the purpose without such sacrifice. That leaves three methods open:
1. Political organization to drive massive force on the handle of an ice pick and shove its tip into the block of ice represented by government crime and criminal process (like letting the stupid vote and procreate).
2. Assassination to cut off the heads of the evil reptile of criminals in government.
3. Open, violent, bloody rebellion
#1 avoids massive murder, bloodshed, incarcerations, and theft, but it might have become impossible, owing to suffrage for the stupid and irresponsible, and it often includes isolated murders, extortion, and other crimes like stuffing the ballot box.
#2 typically results in the death of the assassin and confederates, but if the government-employed perpetrators of crimes and their financiers disappear, it does send a message to the enablers, and they lay-low at least for a while if they cannot catch the assassins and THEIR enablers.
#3 wrecks everything and it will take decades or centuries to recover
No matter how you look at this matter, managing government, and making its operatives and employees adhere to the law, from outside or inside the government, becomes fraught with personal difficulty and danger.
Nevertheless, the People governed have these obligations:
1. Learn and understand the laws (constitution, pursuant law, rules, etc).
2. Gather and master the tools for investigation and discovery of crimes and criminal activities under color of law
3. Use those tools to identify the specific individuals and their specific activities that violate laws or principles of good government, and to investigate those individuals and groups so as to expose all the dirt that can be found on them.
4. Gather, master, and safely stash the tools for personal and family survival
5. Organize politically and become hard core activists - become intensely dangerous to criminals running ultra-vires oligarchies and government enterprises under color of law.
6. Target the evil ones for excision from government.
7. Find and train replacements
8. Excise and replace the evil ones.
9. Establish a branch of government devoted to the above function of identifying, exposing, and prosecuting the criminals who would or do govern.
10. Excise bar organizations from government, and put the licensing and discipline of lawyers under the executive branch of each state. Meanwhile, NEVER vote for a lawyer.
Wednesday, March 26, 2014
The Foreign Roots of Florida Law
This volume contains the English statutory law still in force in Florida as of 1941, and other important historical information about the roots of Florida law, much of it still in force today.
Prima Facie Evidence of the Law
Interestingly, some of the codification of statutes, US and Florida, become prima facie evidence of the actual law, under some conditions.
From the preface to the Florida Statutes of 2013
The conTinuous revision sysTem
In its continuous revision system, Florida has an efficient method for keeping general statutory law up to date and readily available. Since 1999, the Florida Statutes has been published in its entirety annually. Previously, the statutes were published following each odd-year regular session, and a supplement was published following each even-year regular session. With annual publication of the Florida Statutes, other key features of the continuous revision system are provided more frequently as well. The Division of Law Revision and Information now submits reviser’s bills and the adoption act to the Legislature annually rather than every 2 years.
adoption of the Florida Statutes.—The enactment of the adoption act, which provides for adoption of the official statutory law of the state, is a vital part of the continuous revision system. The act amends ss. 11.2421, 11.2422, 11.2424, and 11.2425. With the change to annual publication of the Florida Statutes, the adoption act is now submitted to the Legislature annually instead of biennially. There was no 2000 adoption act because the statutory material from 2 years before is found in the 1998 Supplement to the 1999 Florida Statutes instead of in a full edition. The 2001 and 2002 adoption acts did not pass.
The 2-year “curing period” was reduced to 1 year in chapter 2003-25, Laws of Florida, the 2003 adoption act. The 2013 adoption act adopted material from the 2012 edition. The annual adoption act prospectively adopts as an official document the edition of the Florida Statutes to be published following that session. Perhaps more importantly, it will adopt as the official statutory law of the state those portions that are carried forward from the regular edition published the year before. Pursuant to s. 11.242(5)(c), these standing provisions are combined with the laws of a general and permanent nature enacted during the current legislative session. The final product is the Florida Statutes.
consequences.—As a result of the concurrent operation of s. 11.242(5)(c) and the adoption act, the evidentiary value of material published in the edition of the Florida Statutes that was most recently adopted (the previous year’s edition per the change to a 1-year curing period by chapter 2003-25, Laws of Florida) is different from that of the current edition. The portions of the text as it was published in the adopted edition that are carried forward unchanged into the current edition are the official law of the state by operation of the adoption act and, therefore, the best evidence of the law. Material enacted since the adopted edition is only prima facie evidence of the law. During the period that a provision is characterized as prima facie evidence, the enrolled act stands as the best evidence of the law and will prevail in the event of a conflict.
The Florida continuous revision system greatly simplifies statutory research. A researcher seeking the current enacted general law needs to examine the latest edition of the Florida Statutes, as well as session laws enacted since publication of the latest statutes edition, printed in the Laws of Florida or enacted but not yet printed in the Laws.
Any “statute of a general and permanent nature” enacted prior to the period since publication of the last adopted regular edition of the Florida Statutes which does not appear in the current edition stands repealed, both by the logic of the system and by the operation of s. 11.2422. See National Bank v. Williams, 38 Fla. 305, 20 So. 931 (1896).
The adoption of the Florida Statutes cures title defects that existed in an act as originally passed. See State ex rel. Badgett v. Lee, 156 Fla. 291, 22 So. 2d 804 (1945). Thus, general legislation may be attacked on this ground only during the period between its original enactment and its subsequent adoption as the official law of the state. An act with a title defect is considered valid only from adoption and not from the date of original enactment. See Thompson v. Intercounty Tel. & Tel. Co., 62 So. 2d 16 (Fla. 1952).
Analogously, once reenacted as a portion of the Florida Statutes, a statute is no longer subject to challenge on the ground that it violates the single subject requirement of s. 6, Art. III of the State Constitution. See State v. Combs, 388 So. 2d 1029 (Fla. 1980); Loxahatchee River Environmental Control District v. School Board of Palm Beach County, 515 So. 2d 217 (Fla. 1987); State v. Johnson, 616 So. 2d 1 (Fla. 1993).
1 U.S. Code § 204 - Codes and Supplements as evidence of the laws of United States and District of Columbia; citation of Codes and Supplements
Saturday, March 15, 2014
The homeowners whom the above article references amount to little more than "Zombie Foreclosure Zombies." They seem to wander in a stupor, abandoning the home, never bothering to read the mortgage, and acting like they haven't a clue. Clue about what? That they bear the responsibility for maintaining the home, and that includes allowing the servicer to send in a crew to secure the property if they abandoned it. Some just run off. Others also rent it out. Zombies.
Making matters worse, servicers often hire former felons to populate their property preservation teams, and such former felons often pillage/burgle the property contents which often belong to a renter. Why doesn't the servicer hire the mortgagor to secure the property? Most will enjoy having the extra money.
The Consumer Financial Protection Bureau (CFPB) ought to swivel its attention away from the foreclosure debacle and toward the monumental breaches, torts, and errors that loan originators and their agents commit at the inception of the loan, including loan modifications. They should instruct homeowners as to the typical ways those perps injure mortgagors: foreclosure fraud, loan application fraud, Title Company and closer fraud or negligence, naming the wrong property on the mortgage, and myriad other abuses.
Many lenders would walk from the property if mortgagors started getting their documents competently and professionally examined for evidence of causes of action, obtained proof thereby of those abuses, and sued the lenders and agents. I estimate that lenders and their agents have injured 90% of all single family home mortgagors.
I can think of no other way to force lenders (instead of mortgagors) to shoulder the brunt of equity loss the lenders caused with the predatory practices documented in the 2011 Financial Crisis Inquiry Commission Report (Google it).
1. Find the causes of action, then
2. Negotiate a settlement (with CFPB help), or
It's that simple. That would completely solve the Zombie foreclosure problem.
For an intelligent discussion on the subject call 727 669 5511 and ask for the Chief Zombie Killer. Or visit http://lixe.org.