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Home Created:16-Mar-2022
A Sentinel for LIBERTY!
In Our LIBERTY under God!
Proclaiming LIBERTY for All!!!
In Our REPUBLIC!
REDISTRICTING:
A BRIEF HISTORY
"The reality is that districting inevitably has and is intended to have substantial political consequences. Gaffney v. Cummings, p.753 (1973); or, just SECTION III. Justice White wrote the Majority Opinion; he did not hold-back on laying-out the purpose and effects of districting/redistricting under the Philosopher-Kings of SCOTUS, and their Assault on the States' Rights inherent in We the People, via the mandated districting edicts for election of U.S. House and State legislature Representatives! [See Philosopher-Kings, and, Philosopher-Kings/Reynolds v. Sims]
A. JUDICIAL SUPREMACY BY FIAT
For nearly a century, SCOTUS nibbled at the corners of the 14th Amendment with contrived interpretations unrelated to the history of its passage, while searching for a stranglehold to choke-off constitutionally protected States' Rights, via legislative and congressional apportionment.
Left Center Right?
Then, in 1962, SCOTUS introduced a Hegelian Dielectric Trap, Left Center Right? , that has ensnared the States for 60 years: Baker v. Carr/Harlan Dissent Excerpt.
The Warren Court's Philosopher-Kings seized the equivalent of plenary power by usurping the authority of States to self-determine apportionment, with or without establishing legislative and congressional representation districts. [See, also: Philosopher-Kings/Reynolds v. Sims] The federal Judiciary effected a coup d’etat against these United States of America, arbitrarily and capriciously, with intent and design to overthrow the several States’ Republican Form of Government, guaranteed under Art.IV.Sec.4 of the Constitution!
Thus began an all-out assault on a number of the States' established apportionment laws, to subvert our Constitutional Representative Republic, through the legitimate State and U.S. Constitutions.
The Constitutions of several of the later States to join the Union were deliberately perverted by their Progressive Framers & Citizenry, and unconstitutionally accepted by the federal Government--in blatant contravention of Article IV.Sec.4--with democratic devices, including "initiative, referendum & recall." Arizona has one of these perverted Constitutions! Our State is in dire straits largely because of the Progressive elements of our Constitution. SCOTUS has largely colluded with this subversion by upholding the Progressive Constitutions, and by "interpreting" the U.S. Constitution fraudulently! [3]
We the People have done NOTHING to resist the Court's usurpation! We just acquiesce and comply. . . . So far!!!
Thereby, Evil Tyrants have deliberately perverted and weaponized the 14th Amendment against We the People, by false interpretation and inversion, with collusion by the Congress and Executive, and acquiescence of the States. Attempts to fight back are swatted-down like flies, as the States comply with judicial decrees.
To this day, the Philosopher-Kings Court has been running rough-shod over valiant resistance to its Tyranny of Judicial Supremacy. Although, there have been notable Outliers, especially: Justice John Marshall Harlan II's excellent Opinions! beginning with his Dissents in Baker v. Carr (1962), Page 287, Reynolds v. Sims (1964) Page 589, and Oregon v. Mitchell (1970), Page 154 [Click on "Case" to find the complete case & Harlan's Opinion]. Then, the masterful, Justice Clarence Thomas' Concurrence in Holder v. Hall/Thomas Concurrence (1994), and related, excellent Analysis thereof, which also included Justice Harlan's work, by Judge Edith Jones, (1999/2000).
B. CONGRESS DOUBLES-DOWN
As unconstitutional "cover" for the Court's usurpations, and expansion thereof, Congress also usurped power, by enacting The Voting Rights Act of 1965 (VRA) [Scroll to the image, click the link, scroll to "Transcript"], and subsequent Amendments.
Another egregious Congressional usurpation is the National Voter Registration Act, (NVRA). Enacted in 1993, among other features, its effect opened the door to States extending voter registration to illegal aliens. . . .
In 2013 (Shelby County v. Holder), SCOTUS actually struck-down a particularly restrictive section of the Voting Rights Act, relieving Arizona and certain other States; after decades of unconstitutional oppression under the congressional mandate to seek federal preclearance for ANY change to election laws. Regarding the details of the VRA and its effects, see, Justice Thomas, Holder v. Hall/Thomas Concurrence (1994), and the Judge Jones Analysis.
Why does it matter if there are districts,and who is in what district?
It only matters to those who are trying to get something, rather than protect Rights! Because, the only way it matters if there are districts and who is in a particular district is if the people aggregate themselves into special-interest groups according to their particular lust for unearned gain. If everyone was just interested in protecting Individual Rights, it wouldn’t matter where the district lines were drawn!
By catering to demands for drawing lines to appease the negative desires of the people, we are feeding the monsters, rather than protecting ourselves and our posterity.
The fundamental God-given Rights recognized by the Founding Fathers, and their definitions of the terms, are:
Life—my life;
Liberty—my Liberty to move about freely; and,
the pursuit of Property—my right to acquire, keep and control property.
Government’s duty to protect My Rights presupposes the protection of Everyone’s Rights. Given this fact, the state in which we find our governments acting as our feudal masters has come-about by our ignorance and dereliction of our own responsibility to hold our governments chained to their delegated duties! prohibiting them from heeding the siren calls of special interest groups demanding preferential treatment at the expense of others.
Ways to Remove the Problem
Given the above, it is clear that the way off the destructive path we are following is to forsake with anathema the devices that have brought us to these dire straits. See, also, the Call To Action Section of Redistricting OVERVIEW.
1. We must reject the false mechanism of districting by usurpation by activist judges decreeing rulings according to false interpretations of the Fourteenth Amendment, other relevant clauses, and Congressional Acts cut from whole cloth!
They have no authority nor power to demand that the States draw lines to create equal-population voting districts, for the purpose of manipulating special interest groups! [See, also, the asterisk at the end of Paragraph 5, and, the "Hindsight Illumines the Commission," section, below.]
2. The Census [Enumeration] was never authorized under the Constitution to collect data on the populace beyond our numbers! All other data gathered under the auspices of the decennial census, or any other method, must be purged with prejudice!
3. Likewise, the Judiciary and Congress were never authorized to issue decrees to the States demanding apportionment according to any special-interest group; all rulings rising from the Root of that Poisonous Tree must be nullified and voided post-haste!
Further Elemental Actions to End the Current False Dilemma:
4. Attack the failure to enforce Art.IV.Sec.4, Guarantee Clause:
a. NULLIFY the unconstitutional usurpations against a Republican Form of Government! Refuse to comply!
b. Republican Form of Government actually ensured to the States.
c. Educate the Citizens.
d. Reject statist/collectivist propaganda promoting "democratic" principles purposed against the Rights of the Minority [not “minorities,” “the Minority”].
5. Once again, allocate Arizona's legislative representation according to counties, with Citizens determining actual devices for allocation of representatives, and amending the State Constitution, accordingly.
Historically, before this abrupt forced-break with the past, the States’ legislatures had not been inhibited in choosing any method they wanted, to apportion their legislature and congressional representation. But, examination of the different methods shows that they did not stray far from the basic, county allocation method.
". . . As the practice of giving Massachusetts small towns disproportionate influence had sprung ‘from custom and popular faith, silently operating with internal power, not from the imposed will of a lawgiver’ . . . no radical change in the admittedly inequitable[*] system should be tried at present, but instead the rural towns should be given more representation so as to protect the Commonwealth against the ‘commercial feudalism’ of the big cities.” July 7, 1853, Donald, Sumner; quoted in Berger Excerpts. Other discussions of this concept are found in Berger, and at other locations on this site.
The following quote is included at two other places on this site. It is important-enough to our dilemma to paste it here, also:
" . . . we must make a normative judgment about which groups of people we will allow to aggregate votes to elect someone to represent their interests. The seductive appeal of the one man, one vote standard has led us to believe that it is somehow based on an Individual Right and is therefore more neutral or objective. It is not." The False Promise of One Man, One Vote, 2003 [The author is on the Court's side, NOT Liberty's; he is trying to tell his Fellows that One Man, One Vote doesn't do what they thought it did! Thus, giving us fuel for the fire to defeat them!]
*There is no place for the democratic concept of "equity/inequity" pursued with the "one man, one vote" equal-population device in apportionment, because, as this quote shows, it is just as certain to trample on Individual Rights as is the National Popular Vote scheme!
For more on the "one man, one vote" mandate, see the section, "Hindsight Illumines the Commission", below. And, on-site, see multiple treatments of the "rule," including: One Man One Vote.
C. ARIZONA AND PROP 106
Arizona, in subjugation to Judicial Tyranny and the Voting Rights Act; experienced persistent redistricting disruption for decades! Including controversial, court-influenced, Legislature-adopted plans; court-ordered congressional redistricting plans and mandated preclearance for ALL election law changes. All of this harassment is derived from the fraudulent interpretations of the 14th Amendment, and the Voting Rights Act of 1965! [Scroll to the image, click the link, scroll to "Transcript."]
Then, in 2000, battle-weary, hoodwinked Arizona Voters passed Proposition 106, a State "Constitutional Amendment" that violates the U.S. Constitution: Art.IV.Sec.4 & 9th & 10th Amendments.
The Amendment removed from the State legislature the process of reapportioning voting districts, and created a new entity called the Arizona Independent Redistricting Commission [AIRC]: consisting of two each, Republicans & Democrats appointed by four legislators by Party standing, and "chaired" by an "Independent" selected by the four Party-appointed members; all of whom are selected from a pool of 25 nominees selected by the commission on appellate court appointments.
The most obvious pernicious result of the Arizona Citizens' Initiative was the actual method of creating the Commission, independent of the Voters! As detailed above, Arizona Citizens as the Electorate are removed from the process of determining apportionment by placing the responsibility for selecting four commission members from a pool of 25 nominees selected by a separate commission, in four specified partisan members of the legislature. The first four commission members then select the fifth "Independent" member.
The entire elected legislature, answerable to the Electorate, no longer performs its organic, constitutional responsibility and duty to determine apportionment parameters!
The declared purpose of this Commission is: ". . . ENDING THE PRACTICE OF GERRYMANDERING AND IMPROVING VOTER AND CANDIDATE PARTICIPATION IN ELECTIONS . . ." It accomplished neither goal.
ARIZONA'S PLIGHT IS ECHOED ACROSS THE NATION
BIG Losses for Our Guaranteed"Republican Form of Government!"
"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence." U.S. Constitution, Art.IV.Sec.4
Arizona is not alone in falling-for destructive plots intended to move States farther from our Constitutional Foundation by promises of greasing the skids toward unchallenged compliance with judicial decrees and the Voting Rights Act.
Instead of fighting judicial activism, and congressional overreach, by educating the Citizens in the true Constitutional Foundation AND refusing to comply with unconstitutional decrees and "laws," the States have effectively succumbed!
Many States now use some form of Redistricting Commission in the universally adopted decennial redistricting process. The history of Judicial and Congressional usurpation of the concept unmistakably confirms the goal is to subvert our Republican Form of Government, to "transform" our Nation to a "Democratic," Mob Rule, Tyranny of the Majority, controlled by an Oligarchic Tyranny at the Head of the Snake!
The States have generally acquiesced to federal Government usurpation, through intervention and dominance in the States' Right to determine voting-related parameters, including mandating decennial "redistricting."
It is at least encouraging that Arizona and some other States are persisting in trying to fight the usurpation. But, All are still fighting according to the Court's decrees within the Judicial System, rather than just refusing to comply with the unconstitutional edicts!
A battle cannot be won when fought on the enemy's terms!
"The Supreme Court has no power to enforce its decisions. It cannot call out the troops or compel Congress or the president to obey. . . .", nor can it compel the States to obey!
Hindsight Illumines the Commission:
The Commission is an instrument for entrenching the statist/collectivist, Progressive Court's anti-Liberty, fake equal-population districts! Which are created according to SCOTUS-decreed:
All are always controlled by the Commission.
[See Holder v. Hall/Thomas Concurrence and Analysis.]
All are deliberately aligned to perpetuate the existing, two-party competitive system throughout all State Election levels, and compliance with judicial and congressional mandates requiring creation of artificial, so-called, "ability to elect" "Majority-minority districts!"
The whole concept of creating equal-population ["one person, one vote" doctrine** conjured by Chief Justice Warren, in 1964], "ability to elect" Majority-minority, [party] competitive, and other special interest districts is repulsive to the concept of our Constitutional, Representative, Republic!
See a profoundly revealing letter, written by an American Woman using simple logic to explain why equal-population districts, "one person, one vote," and "ability to elect" goals do not reflect equality, but, discrimination: A Voice of Reason!
**Warren's brain child does NOT mean what logic conjures in one's mind, as a simple principle that one man has one vote for a single issue. Even if Warren did intend it to mean what it says, the concept is certainly a democratic idea that has no place in our representative republic! For a comparison of definitions of the term's usage, see the Home Page, at the One Man, One Vote Section. Also, see the following quotes:
"The principle of one man, one vote . . . runs counter to the text of the fourteenth amendment, the history surrounding its adoption and ratification and the political practice of Americans from Colonial times up to the day the Court invented the new formula.” Professor/Solicitor General Robert H. Bork, quoted at “Neutral Principles and Some First Amendment Problems,” 47 Ind. L.J. 1, 18 (1971). Also:
". . . in Reynolds v. Sims (19[64]), the Court fabricated a “fundamental principle of ‘one person, one vote’ that was exactly the reverse of text and stated intent of the equal protection clause.” Elliott, supra note 1 at 129, 71 377 U.S. at 565.
See Harris v. AZIRC, an Arizona case from the 2012 Redistricting Cycle, for an example of a unanimous SCOTUS ruling upholding the District Court's decision against a challenge to the AIRC's redistricting results, exposing the courts' aberrant application of its 10% deviation tolerance applied to its otherwise "required" equal-population districts, in order to benefit Democrats and at least 10 [of 30!] Majority-minority districts, some of which were artificially created.
Which means that, in spite of even Justice Thomas' doubts expressed in Holder v. Hall about the courts' interpretation of the Voting Rights Act requiring States to ensure a minimum number of Majority-minority districts, the blatant injustice of the Harris v. AIRC decision was upheld by all of the "justices!" This is also an example of the litigants and the AZ SoS, arguing the action within the courts' erroneous interpretations of the 14th Amendment and the Voting Rights Act.
One important stated goal of manipulating the varied special interest group numbers in districts, is a competitive system to ensure competition between the two parties!
"Competitive system" sounds "fair." But, "competition" and "fair" belong in sports and other social pursuits! They have no place in the governance of human endeavor intended to peaceably secure our unalienable God-given Rights, "with Liberty and Justice for All!"
". . . That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed." [The Declaration of Independence]
The actual political system created by the Organic Law of the United States of America is unique in the history of Mankind. [2] It is a Constitutional, Representative, Republican political system, built upon the Rule of Law, not Men; operating in Justice, tempered with Mercy. It is not "fair!" It is a skeletal-like structure designed to protect its members from the evil that Men do, by the Rule of Law founded in the righteous Moral Absolutes created by a Just and Righteous God [Also, see the blog post: WHO IS Obama Part 2 Foundation].
Our system is not a playing field laid-out for teams playing games. The Founding Fathers knew the danger of factions forming political parties and gaining a foothold against the Minority to pervert and undermine the Organic Law they had forged. The nature of this danger is the propensity of Man to abandon Individual Responsibility and band together in gangs, or, more politically correct: teams.
Their apprehensions were correct; such factions formed among the very men who warned against them; setting the new Nation on the track toward Home-Grown Tyranny. Almost as if--having forged a Nation in a bedrock of Moral Absolutes and Eternal Principles, naturally disposed to secure the Blessings of Liberty for each Individual Citizen, they reverted back to the Fallen Nature that seeks to hide from the responsibilities of life in the false security of "cliques" and gangs operating as cogs in the machinery of mob rule.
The resultant two party-dominant, competitive system that developed implies teams of individuals playing on sides, under the auspices of the same league, seeking a yearly prize. Only, in politics, the parties have manipulated the system into customized districts that ensure that one team wins for a time, and then, the other team wins for a time.
Meanwhile, as both "teams" metamorphose into two sides of the same coin, having abandoned the original goal of protecting the Citizenry from the Tyranny of the Majority, they now seek the same End; colluding together with their Oligarchic Ilk throughout the Nation.
[In speaking of the the two-party system as two sides of the same coin, I am NOT alluding-to abandoning our Constitutional, Representative, Republican Form of Government for a parliamentary system!]
We are still allowing the Tyrants to chip-away at the bedrock foundation of Organic Law characterized by Justice tempered with Mercy; ever-pushing themselves deeper into the Individual Lives of the Citizens toward the goal of inverting Our Liberty under God to Universal Enslavement, with them as our masters. As they promise to make for us, "heaven on Earth" in the name of a hypothetical "Collective-Hive." See WHO IS Obama 2 Foundation, and WHO IS Obama Part 4 Heaven On Earth? .
The price they are exacting, as they work to destroy our economy and plunge us into a New, Darker, Dark Ages, is a bloodthirsty demand for universal sacrifice, as they commit planetary genocide!
"The man who speaks to you of sacrifice, speaks of slaves and masters. And intends to be the master."--Ayn Rand, "The Fountainhead"
How It Works
So, the Independent Redistricting Commission is "designed" to:
RINOs & Dems know the States are sovereigns under GOD! They must keep us from acting like it!*
The Game Plan imposes unconstitutional mandates based-in false interpretations of the 14th Amendment.
The Prop 106 Amendment [AZ Constitution, Art.4.Part 1], requires drawing voting district maps to the criteria enumerated at Paragraph 14. See Paragraph 14.A., for the driving force behind this weapon for transforming Arizona's quasi-Republican Form of Government from quasi-Liberty to Tyranny! [3] Paragraph 14.A, mandates priority compliance with the U.S. Constitution and the Voting Rights Act. . . . The mandate is a contradiction in terms, because, the enumerated requirements of the Paragraph are unconstitutional!
THE PROBLEM:
The mandate invokes the Philosopher-Kings' systematic wielding of stolen plenary power, by claiming the 14th Amendment, Section 1. Equal Protection and Due Process Clauses, referencing civil rights and due process, extend to political voting rights:
". . . nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." [1A]
Analysis of the pertinent documents, along with Professor Berger's in-depth study of recorded history, confirm:
The Clauses do NOT extend to political voting rights!
If you have followed the Berger links, or the links that lead to Publius Huldah's Equal Protection Clause exposition, you have seen that the 14th Amendment was written and ratified specifically to:
"extend citizenship to the freed slaves, and to provide constitutional authority for the Civil Rights Act of 1866 which protected the freed slaves from the southern Black Codes which denied them their God given Rights." As stated by Publius Huldah.
Berger's historical analysis proves the conclusion beyond doubt!
The Equal Protection Clause ONLY extended protection to the civil rights named in the 1866 Act. [For the pertinent Text and further discussion, see Huldah, and Berger.] Neither the Act, nor the Amendment extended the Right to Vote to the freed slaves, nor to ANYONE ELSE! [4]
Hence, I must agree with Berger, Huldah and others, that "political voting rights" are NOT touched by the 14th Amendment.
HISTORICAL CONCLUSION:
The 14th Amendment does NOT touch political voting rights. The Judicial Supremacy we are suffering under the Courts' usurpation of plenary power and its application to our political voting rights, has no basis in our Rule of Law!
Nowhere in the U.S. Constitution have the States delegated to the federal Government power over the long-established Right of the People in their States to determine and control the political parameters of:
From which the new Nation could survive and flourish as a Confederation of Constitutional, Representative, Republics; bound to each other for the purpose of protecting the unalienable, God-given Rights of All--by the Rule of Law--against the Tyranny of the Majority, the Tyranny of the Few, the Tyranny of Anarchy, the Tyranny of Technocracy from within; and against Foreign Enemies from without!
***Art.1.2.1, 1.2.3, 1.4.1, Art.II.1-4, 12th Amendment, Here.
Continue to Redistricting: The Present Chaos
NOTES:
[1A] For in-depth study of the Civil War Amendments aspect of how we reached the Brink of the Abyss Overlooking Complete Tyranny, follow the links throughout this Torchlight Tour of Judicial & Congressional Tyranny, to the cases, articles, Analysis, constitutions, legislation, and, especially, Justices Harlan II (five cases, plus) & Thomas' Holder v. Hall/Thomas Concurrence (1994), SCOTUS Opinions, Professor Raoul Berger's masterpiece: "Government by Judiciary: . . ." and, please, search Publius Huldah's prolific, Gold Mine of a Web-site!
[2] The Organic Law of the United States includes: The Declaration of Independence, Articles of Confederation, Ordinance of 1787 & the Constitution for the United States of America. [Follow the link for an essay by Publius Huldah regarding the Law of the Land.]
[3] It is ironic that the Progressive Framers and Voters of Arizona Territory deliberately planted the seeds of tyranny in our State Constitution, in the form of the democratic, Logical Fallacy: Appeal to the People [mob rule!], called "initiative, referendum & recall." Their descendants and their ilk have used these devices liberally to erode and weaken our Free State, as the Electorate becomes increasingly ignorant of the only political philosophy America thrives-on: Constitutional, Representative, Republics at every level!
[4] The political climate was not yet open to voting rights for the freed slaves, neither in the South, nor the North. Berger proves that would not come until the 15th Amendment was ratified in 1870.
. . .
LIBERTY is a State of Being!
LIBERTY begins in our own BACKYARD!
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