Here, I hope we can find common ground on taking steps to correct the wayward path our government has been leading us down for decades. I do not claim to be all-knowing and wise. I am just a man who thinks within the context of liberty. I hope you find my issues reflective of that mindset; and thereby join the fray of battling to regain all that has been taken from us. Let it be known to the corporate municipality that I am NOT a resident; I am NOT a citizen of the United States; and I live in the state of Illinois, not "this State". I believe the conscripts of the Bar Association will know what I am talking about. I am NOT anyone's subject. Nor should you be.
Collinsville Specific Issues:
Repeal of home rule - So, Collinsville is a home rule unit. Many people I speak with have no idea what this means. Basically, ALL power bestowed upon government comes from the People, who vote on and ratify the state Constitution. The legislature is the law making body of the government, but can only make laws that are in harmony with the Constitution. Counties, cities, municipalities.... are all political subdivisions of the state government. The powers granted to these political bodies are defined by the legislature, provided such powers, again, are in harmony with the Constitution. On this site here you will find the pertinent provisions in the Illinois Constitution that defines the powers of both home rule, and non-home rule units.
To illustrate some of the more chilling excerpts from the Illinois Constitution regarding home rule powers: (Also, this site here has done some excellent research and analysis on Illinois home rule abuse)
"a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt....(this verbiage is commonly known as the "police power")"
"Powers and functions of home rule units shall be construed liberally. (this means that any claim of your rights being infringed upon by the government, the courts will give the home rule unit the benefit of the doubt)"
Collinsville has a 4 member city council and a mayor. A quorum is needed to vote on and pass ordinances, raise taxes, regulate, license.... all those things granted to a home rule unit. A quorum under our present government consists of 3. That means that ALL the power over your life, insofar as the city would lead you to believe, is in the hands of just 3 people. This should keep many of you awake at night.
Collinsville achieved home rule status pursuant to the special census that many so voluntarily participated in over a year ago. I wrote an article to the Collinsville Herald telling people to not be counted in the census. Unfortunately, many people either did not listen, understand, or care about the consequences of being exploited for the sake of Collinsville acquiring more power by the mere fact that there are now 25,000 people living within the corporate boundaries. The presence of 25,000 people does not give rise to a government that is any more responsible, responsive, mature, or knowledgeable than one that has 24, 999 people; yet the former now has far more power to wield tyranny with caprice and impunity. This population rule is arbitrary and should be stricken from the Illinois Constitution, which by the way, is up for change or amendment in 2008. Visit my other site here for information on the 2008 Constitutional Convention.
So, what can we do to bring Collinsville's government back to the boundaries defined by the legislature? We can repeal home rule. That's right. The People have the power to undo what the government has done. The problem is that the city acquired home rule with nary a whimper, but it will take a battle to repeal it. Here is our saving clause:
SECTION 6. POWERS OF HOME RULE UNITS
(b) A home rule unit by referendum may elect not to be a home rule unit.
Collinsville needs to repeal home rule. If the people want it, let them vote for it specifically. Stealing our freedoms by using an inherent weakness in the Constitution that favors the government over the People is deceptive and dangerous.
Stop Abuse of Eminent Domain - Eminent domain abuse is in the news so often I'm surprised there hasn't been more outrage than what is reported. Eminent domain is to be used ONLY for public use. The Illinois Constitution says:
SECTION 15. RIGHT OF EMINENT DOMAIN
Private property shall not be taken or damaged for public use without just compensation as provided by law. Such compensation shall be determined by a jury as provided by law.
The landmark case that illustrates the wrong-turn taken by government towards providing for the privileged at the expense of the People is Kelo v. City of New London. To boil it down, the rights of the individual are paramount to any will of the majority. If our rights are subject to what 51% of the people say then we have no rights outside of what the 51% define. That means that your rights rest on the sole discretion of 1 person. Although it may take 10,001 people to make up the 51%, it ultimately comes down to 1 person breaching that 1 percentile to take your rights. Should 10,000 people suffer at the hands of 10,001 because of the will of that 1 person? This is the case with Kelo. The Supreme Court ruled that if there are benefits to the tax base of the city, then a developer acting as an agent of the city, can condemn and evict the minority of people who refused to give up their property, and use that property for its own use under the pretense that the public will benefit from the increased tax revenues. Eminent domain says nothing about public "benefit", it speaks to public "use".
Until the Illinois Constitution can be changed to provide adequate protection for private property, it is up to the municipalities to assure that the specter of eminent domain abuse will not haunt the Citizenry. I would swear that any use of eminent domain brought before the council for a vote would not receive my approval if there was ANY chance that as much as a nickel of private profit or benefit would come from the use. That means that a developer would not reap any profit; the use would have to be shown to be for the manifest necessity of the public with no possible alternatives; the land owners would be compensated to the maximum extent allowed by law for their loss and inconvenience. I would also personally stand against any abuse of eminent domain, armed if need-be, in defense of private individual rights. My position of mayor would guarantee a NO vote to such abuse, and I would sign an oath particular to that statement.
Open, honest government - My battle with city hall began with the business license ordinance. Even though both Mayor Schaeffer and Corporate Counsel, Steve Giacoletto, both publicly affirmed during a recorded city council meeting that I was not required to procure a business license for the work I do out of my home, the city still persists in perpetuating the myth that everyone is a business and needs a business license. The current page of deceit illustrating this can be found here. The Collinsville Herald did a piece on my challenging the law following an unsolicited letter from city hall attempting to trick me into procuring a business license, and following the city council meeting I followed up with a letter to the Herald explaining the lies of city hall and another one on why the law is not applicable to many, especially those who work out of their homes. I also followed up with a letter to city hall regarding their misleading statements to the Herald. I submitted a Freedom of Information Act request asking for the city's authority to enact such an ordinance. The yard sale permit fraud is another spin-off from the business regulations, which dupes people into believing they need permission to exchange their personal property for money or other valuable consideration in the pursuit of private contracts and the exercise of their unalienable rights. I have exhaustively researched the licensing power of cities, as well as the state, and have discovered that such regulations do not pertain to many people. Is through the intimidation and fear, as manifested in the actions of the "code enforcer", that people begrudgingly acquiesce to the force of government.
I will be posting more of the history regarding this license debacle to further illustrate just how the city tries to exploit your ignorance of the law and use the intimidation of their men with guns and oppressive courts to render you subservient. I'd be happy to provide copies of my research regarding the licensing and other so-called power of the city to regulate the people. I have spoken with many who are called to court, almost regularly, because of their receipt of a gift from the code enforcer. After all the frustration, anger, and disgust, there is little, if any, action taken by the people to put the city in it's place and stand on their rights. I intend to help People refute the usurped power of the city by being an advocate for the People.
State-wide Issues
Legal System Reform, including informing jurors of their right to judge the law, as well as the facts. - It appears that Congress has already assumed jurisdiction over tort reform, to my chagrin, thereby rendering that topic moot for the purposes of this discussion. The type of reform I'm speaking about is not about a man with a surgical sponge lodged against his liver because of an incompetent surgeon. This is legal reform on a broader, equally abusive scale. This addresses a legal system that uses procedure, administration, and abuse to extract the sweat-equity of Citizens who merely transgress upon an administrative rule that results in no harm to persons or property, but rather wastes millions in time, court appearances, legal fees, and causes stress and inconvenience to the Citizens who step unwittingly into its waiting trap.
Medical Malpractice Concerns
Drug Law Reform
Industrial Hemp - Why doesn't Illinois have a hemp industry? For one, because our federal government has assumed authority over what germinates within the soil of Illinois, should such germination produce a particular plant. I still haven't found that authority within the Constitution. Second, there is a stigma about hemp that is perpetuated by ill-informed, ignorant, hyperbolic, narrow-minded rhetoric. The government was fine with the cultivation of hemp during times of war, with the "hemp for victory" campaign. Hemp is versatile, hearty, and sustainable. However, the profitable war on drugs has kept the government coffers brimming with ill-gotten gain through RICO seizures, property confiscation and investments in the booming prison industry. Once you look past the government's hypocrisy the viability of hemp becomes apparent. What Illinois needs is a governor who will open the doors to industrial hemp cultivation, including all of the possible by-products, i.e., bio-diesel, fiber (cloth and paper), wood alternatives (building materials). What Illinois needs is a governor who will stop the federal government, DEA, FBI, BATF... from exercising unlawful, unconstitutional aggression in our state because we decide to exercise our sovereign prerogative to exercise and protect our rights. If a governor stands up to the federal government then other states will follow. Nevertheless, Illinois will be ahead of the curve on the development of this crop and it's uses. This means jobs in cultivation; jobs in refining fuels, processing fiber and pulp, cheaper building materials, clothing...... Hemp is a win-win for Illinois. All we need is someone with the guts to exercise Illinois sovereignty. I am that man. I can be that governor. Illinois farmers, businesses, and jobs need it. People will benefit. The environment will not suffer.
Judicial Accountability
Restoration of Constitutional Rights for Felons
Believe it or not, there is no provision in the Constitution that forces felons to relinquish their rights. There are, however, provisions in the statutes that deny the privileges, also knows as "constitutional rights" of felons. Just because someone has been convicted of a felony doesn't mean their rights no longer exist. Nothing can take your rights away. You are born with them and they are as much a part of you as is your genetic makeup. However, United States citizens do not have such rights. They have civil liberties, privileges, constitutional rights. Unalienable rights come from your Creator. Constitutional rights, privileges, civil liberties... come from.....whom? Government, as it may so define from its interpretation of the Constitution. You should NEVER claim to have a constitutional right. You may have constitutional protections; government may have constitutional powers, but unless you were created by the Constitution how can you have any rights derived therein? Where am I going with this? This is basically an essay for the discussion of what rights apply to, not only felons, but ALL people who have abandoned their unalienable rights in favor of U.S. citizenship. I do believe that felons deserve the right to vote. Voting now is a privilege. It is not hard to transgress against government, even in an non-violent manner, and become a felon. Prisons produce more criminals; destroys more families; spends more money, than almost other governmental industry. Why should the victims of this corrupt system be denied a voice in voting to remedy these inequities? I attempted to be provocative here, but the issue is who can take your rights away in the first place when they come from your Creator? Why shouldn't felons have a voice in voting to correct a system that does more harm than those who it pretends to punish?
Concealed/Open Carry - First, I fully support the efforts of ICARRY.org, and will do whatever I can to help them get the word out to Citizens who seek to exercise their unalienable right to possess the protection they see fit for the defense of themselves and others. To my chagrin, I realize that I should have addressed this much earlier. My only excuse is that this is so obvious I didn't need to speak specifically to the issue. Let me be clear. I am in favor of, not the second amendment, but the inherent, unalienable right to defend ones' self, their loved ones, neighbors, and citizens. The second amendment, although a good idea, us often used as an excuse by government to weasel around the amendment's intent, and instead use the courts to interpret the meaning as it applies to the issues of the day. Yes, this means having the right to have, on your person, a firearm, be it concealed or not. I also believe that the use of a weapon against another in an act of aggression should be a dealt with harshly and swiftly. Without belaboring this obviously fundamental right, I feel it necessary to outline what I would do to protect this right; to remedy any injustice befalling those who exercise this right; and what to do to further safeguard this right. First, I will issue an executive order that prohibits any arrest or prosecution of anyone who is merely in the possession of a firearm and not engaged in a crime where that firearm is used in the commission thereof. Next, I would pardon anyone presently serving time, probation, or having such punishment on their record for a non-offensive use and carrying of a firearm. Lastly, I would push for a REAL constitutional amendment that allows the carrying of concealed or open weapons. Does this mean that we will have more armed people within the public-at-large? I don't know. We don't know how many armed people are out there now. There is no way to tell. There are probably plenty of armed bad guys, but again, no accounting of their numbers. The Illinois Constitution does not make it illegal to carry a concealed weapon. It states that "subject to the police power..." The police power does not mean the police have the right to say who can, or can't, carry a weapon. The police power primarily deals with commercial activities. It is not necessarily constitutional power. Police power does not apply to Citizens who are acting within their Sovereign state Citizenship. It pertains to United States citizens who derive from, and owe their privileges and immunities to, the federal government. If you are an American Citizen, then the police power does not touch you. Here is more information in police power, it's uses, and limitations.
