Stop Health Care Reform Legislation — OK-SAFE Tells Reps Why!

Amanda Teegarden from OK-SAFE to

____________________________________________________

Joint Legislative Committee

on 11-03-11

Health Care Reform —

IT, Security, Privacy Issues/Concerns

In the beginning of the presentation, Amanda made the critical point,

“He did not give man dominion over man….”

The powerpoint presentation is available on scribd for reference and for sharing in it’s entirety. There is a link below and then ideally the presentation should be embedded here. If not refresh your screen and if it is still not showing as embedded, click on the link to see the power point presentation via scribd’s website.

OK-SAFE, Inc. PPT – Joint Committee on Health Care Reform Law 11-03-11

The research will show you what has been done in legislation to bring us to this point. It also documents the many policy concerns with this level of information sharing and why we should not be permitting it to be done nor being asked to pay for it and ‘forced’ to implement it in our states. Study the presentation and talk to your friends about it. We must be able to tell people why we do not want to share our data and why it should not be being collected and retained. We must understand that if collected it will be shared with/without your ‘permission’ because ‘they’ can. Once shared, there is no way to put the genie back in the bottle. What will happen to your identity if you no longer ‘own’ it?

In closing, Amanda gives the joint committee seven recommendations which we hope will be heeded by ALL of our elected officials and representatives who are charged with the public trust in any way, shape, form, or fashion.

1.Repent – not kidding here
2.Do not establish a state-based Health Insurance exchange – it will be the same as the Federal government’s version
3.Allow people to escape HIT/HIE system without penalty; do not penalize providers who opt not to adopt EHRs or participate in this system
4.Repeal state laws that prohibit individuals from seeking alternative health care services, i.e. homeopathic medicines or non-traditional treatments
5.Terminate the Oklahoma Health Information Exchange Trust
6.Audit the Oklahoma Health Care Authority – expenses outweigh benefits
7.Adhere to the OK Constitution – work to restore liberty

VIEW OK-SAFE’S PRESENTATION HERE

Go to www.okhealthcare.info for information on this and past joint committee meetings.

Visit OK-Safe website for more information. Become a member today to stay informed and help keep this group’s influence growing and keep yourself and your friends informed by signing up for the newsletters and alerts on the website.

For a Nebraska perspective on Health Care Reform from Shelli Dawdy of Grassroots in Nebraska see  10 Untold Truths About Health Care Law State Officials Hope You Miss.

Posted by Sandra Crosnoe for OKGrassroots and R3publicans

Wisconsin is not alone — Grassroots in Nebraska Group Stands up for Taxpayer!

R3publicans if you are in Nebraska get involved!  Shelli Dawdy and Grassroots in Nebraska stand on principle and stand up for the taxpayer too!


PLEASE RSVP by clicking HERE and help out by FORWARDING TO FRIENDS!!

Grassroots in Nebraska Logo

NEBRASKA HAS MANY OF THE SAME PROBLEMS AS WISCONSIN AND OTHER STATES

Unfortunately, it doesn’t look like SERIOUS action is going to take place in Nebraska on this issue – READ TODAY’S ARTICLE ON THE GiN SITE IF YOU NEED SOME EVIDENCE. (publishin at 8am)

The information below can be supported and examined in greater depth by reading some of our articles on the subject, which are listed further down.

  • Nebraska has a nearly $1 billion budget shortfall – by population, it’s proportional the $3.5 billion shortfall in Wisconsin.
  • Nebraska’s Retirement System – the government employee pension fund – has been bailed out several times in the past two yearsbecause many government workers’ pensions are not tied to market value, they are guaranteed benefits regardless of the market, unlike the 401k plans for workers in the private sector.
  • In order to “balance” our State budget, we have taken in a great deal of Federal stimulus funds, most of which was used to bailout the pension funds, as noted above, with the rest going to education (sold by Congress as “saving teachers’ jobs), and Medicaid.

One of the reasons Nebraska’s unemployment rate is so low is because too many people work for government in our State:

  • 17% of Nebraska’s workforce is employed by State or local government
  • In Lincoln, 24% of the workforce works for State or local government.
  • In Omaha, 15% of the workforce works for State or local government.

AFFECTING TAXPAYERS: Nebraskans are overtaxed…our top marginal income tax rate is as high as states that lost population in the past ten years; several studies in the past decade have shown that our taxation structure is suppressing business activity. Nebraska’s two largest cities, Lincoln and Omaha, have increased taxes in the past year because their budgets are in trouble. In Omaha, two tax increases were imposed to cover increased costs of a labor union contract. Lincoln’s telecomm tax was raised in 2010 to increase revenues, making it the highest in the United States; 24% of cell phone, landline, and other telecomm bills is taxation.

GiN Articles:

Wisconsin Legislation: Union Busting or Common Sense?

Collective Bargaining Advocates Protect Their Own: Who Protects Taxpayers?

Comment on GiN Site Reveals Troubling Attitudes of Too Many

Hearing Testimony: Collective Bargaining By NE Gov’t Obstructs State Spending Caps

Hearing Information NOT Surprising: Public Support Growing for Ending Collective Bargaining by Public Employees

Public Employee Unions: Breaking State and Local Budgets

ACTION ALERT: Big Turnout Needed at Capitol on Monday Feb. 7th

Reduce Government Budgets: Contact Senators About Worker Wages and Benefits

Budget Buster Fix: Prohibit Collective Bargaining by Public Employees

[Editor’s note:  My guess is that every state in the union has this problem.  We will all be forced to address the issue of ‘us’ taxpayer’s being held hostage at the public trough.  History says it cannot go on forever .  We must address the problems now and get our fiscal houses in order from city to county to state to federal levels.  It will take all of us just saying NO over and over and over again.

We cannot spend more that we take in and the printing presses in continuous motion mean the money in circulation will soon be worthless.

R3publicans will find Grassroots in Nebraska articles well researched and documented for you to do further research easily.  Please educate yourself and share as you deem appropriate!

For Life and Liberty / Sandra Crosnoe]

Immigration: A State or Federal Issue?

Article I, Section 8: "To establish an uniform Rule of Naturalization"

Note: This article was written by Shelli Dawdy and Linda Rohman of Grassroots in Nebraska (GiN). Shelli is the founder of GiN and Linda is the Policy Research Coordinator for the Lincoln, NE based group, founded in 2009, the mission for which is to actively promote a return to Constitutional, limited government and sovereignty.

The Nebraska Unicameral session has been in full (fast, furious) swing since its opening on January 5.
We’ve been taking a look at the many bills that have been introduced, including Senator Charlie Janssen’s LB48, which many people have characterized as “Arizona-style immigration law”, referencing the controversial SB1070.

There are a number of elements in the bill we’re examining and among them are potential implications for the very important issue of jurisdiction. Recognizing the need for a deeper look at this subject, I asked Linda to prepare a presentation for our January 10 meeting, which I’ve edited for ease of reading and reproduced here along with some additional thoughts from the follow-up discussion at the meeting.

For the purposes of discussing jurisdiction and the implications for immigration, it’s necessary to take a look at some history associated with citizenship.

Dred Scott v. Sanford (1857)

The U.S. Supreme Court concluded that a person, born into slavery in Virginia, was not freed by virtue of being transported into and residing for a time within either the State of Illinois or the Territory of Wisconsin, both of which outlawed the practice of slavery within their borders.

Specifically with reference to the matter of citizenship, the Court further held that people of African descent imported into the United States and held as slaves (or their descendants, whether or not they were slaves) were not protected by the Constitution and could never be U.S. citizens.

Chief Justice Taney and President-elect Buchanan thought that the Court’s decision would lay all existing sectional differences to rest, fully and finally, but they overestimated their ability to persuade abolitionists to accept constitutional law as the Supreme Court interpreted it. Far from resolving the crisis, the Dred Scott decision is now considered to have actually accelerated the country’s descent into civil war.

Civil Rights Act of 1866

Enacted during Reconstruction following the Civil War.

Response to continued discrimination against former slaves, particularly in the South, denying them the rights attendant upon citizenship, including the rights to:

  • Make contracts
  • Sue and be sued
  • Testify in court
  • Inherit, purchase, lease, sell, hold, and convey real and personal property, and
  • Vote

The Act declared that everyone “born in the United States and not subject to any foreign power” is a citizen without regard to race, color, or previous condition of slavery or involuntary servitude.

Fourteenth Amendment (1868)

Introduced shortly after the Civil Rights Act of 1866.

Supporters feared the Supreme Court would declare the Civil Rights Act of 1866 unconstitutional and supported the Fourteenth Amendment in an effort to forestall any such ruling by the Court.

Citizenship Clause:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

“. . ., and subject to the jurisdiction thereof, . . .”

WHAT DOES THAT MEAN?

GiN is committed to the concept of ORIGINALISM: (from our About page)

The Constitution is an enduring document, not a living, evolving one. Consequently, a proper interpretation of the Constitution can only be achieved by reference to the original meaning of the words it contains.

An understanding of original meaning requires consideration of the words themselves and their context, as well as history, tradition, and legal precedent, the latter grounded in American jurisprudence as opposed to that of foreign jurisdictions. A judge’s consideration of “values” and of consequences evaluated in light of those values is inconsistent with the rule of law and outside the proper role of a judge.

Using the concept of Originalism, as defined above, one can examine a phrase contained in the Constitution, step by step:

1. The words themselves and their context:

AND is a conjunction. When used in the context of a list, it implies plurality rather than the singular.

If a person is born in the United States, he or she is physically in the United States at birth.

To construe “subject to the jurisdiction thereof” as meaning within the boundaries of the United States reduces them to a redundancy. In other words, the phrase would literally mean:

“All persons born . . . in the United States, and in the United States, are citizens of the United States and of the State wherein they reside.”

“A fundamental rule of statutory construction requires that every part of a statute be presumed to have some effect, and not be treated as meaningless unless absolutely necessary.” Raven Coal Corp. v. Absher, 153 Va. 332, 149 S.E. 541 (1929).

2. What’s the history and tradition behind the adoption of this language?

Senator Jacob Howard (MI) introduced the proposed amendment for consideration by Congress. In discussing the meaning of “and subject to the jurisdiction thereof,” Sen. Howard stated:

“This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.”

Senator Howard also said:

“This amendment which I have offered is simply declaratory of what I regard as the law of the land already . . .”

(Arguably, a reference to the Civil Rights Act of 1866.)

Sen. Lyman Trumbull, Chairman of the Judiciary Committee, author of the Thirteenth Amendment, and the one who inserted the phrase “and subject to the jurisdiction thereof” into the Fourteenth Amendment explained:

“[T]he provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’ Not owing allegiance to anybody else. That is what it means.”

(An even more clear reference to language in the Civil Rights Act of 1866.)

There are many other examples similar to the ones above, sufficient to demonstrate that this was the general understanding of the clause when the proposed amendment was discussed in Congress (although there were a few Congressmen who stated the language would render anyone born within U.S. borders citizens).

3. Legal precedent:

Elk v. Wilkins (1884)

John Elk was born on an Indian Reservation.

As an adult, he renounced his allegiance to his tribe, moved to non-reservation U.S. territory (Omaha, Nebraska), and there attempted to register to vote, claiming citizenship under Section 1 of the Fourteenth Amendment.

Wilkins, the registrar of voters in the district where Elk lived, refused to register Elk on the grounds that he was not a citizen of the U.S.

The U.S. Supreme Court held:

Although “Indian tribes, being within the territorial limits of the United States, were not, strictly speaking, foreign states,” “they were alien nations, distinct political communities,” with whom the United States dealt with through treaties and acts of Congress.

Thus, born a member of an Indian tribe, even on American soil, Elk could not meet the allegiance test of the jurisdictional phrase because he “owed immediate allegiance to” his tribe, a vassal or quasi-nation, and not to the United States.

The Court held Elk was not “subject to the jurisdiction” of the United States at birth. “The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance.”

But just 14 years later, the Court reached the opposite conclusion:

United States v. Wong Kim Ark (1898)

Wong Kim Ark was born in the U.S. to parents who were Chinese immigrants and, apparently, legal resident aliens (i.e., they remained citizens of China although living and running a business in the U.S. for a period of years).

The parents returned to China in 1890, and Wong Kim Ark went to visit them there in 1894, returning to the U.S. from that visit in 1894.

He was detained upon seeking re-entry into the U.S. on the grounds that, because his parents were Chinese citizens and owed their allegiance to China, Wong Kim Ark, although born in the U.S., was also a Chinese citizen.

The Court:

Distinguished Elk v. Wilkins as limited solely to Native Americans. This is not as surprising as it may seem at first reading. In many respects, recognition of Native Americans as a minority group and acknowledgment of their civil rights came even more slowly than for African Americans. For instance, the Civil Rights Act of 1866 specifically “exclud[ed] Indians not taxed” from its birthright citizenship provision.

HELD: The 14th Amendment’s citizenship clause, according to the court’s majority, had to be interpreted in light of English Common Law, which had included all native-born children except for those who were: (1) born to foreign rulers or diplomats, (2) born on foreign public ships, or (3) born to enemy forces engaged in hostile occupation of the country’s territory.

The majority held that the “subject to the jurisdiction” phrase in the 14th Amendment specifically incorporated these exceptions (plus a fourth — namely, that Indian tribes “not taxed” were not considered subject to U.S. jurisdiction—and that since none of these exceptions applied to Wong’s situation, Wong was a U.S. citizen, regardless of the fact that his parents were not U.S. citizens (and were, in fact, ineligible ever to become U.S. citizens because of the Chinese Exclusion Act).

Where does that leave us?

Considering the citizenship clause from the perspective of originalism, at least two arguments can be made:

  • The Wong Kim Ark decision was wrongly decided. Even though there is some legal basis to support this contention (i.e., that the interpretation of the citizenship clause runs counter to legislative intent and the original meaning of the words used therein), there is always a great deal of reluctance on the part of the Court to upset settled precedent. Without more, it is unlikely such an argument would prevail.
  • If the English Common Law exceptions recognized by the Court in Wong Kim Ark are to apply, the children of illegal aliens are arguably more similar to exception number (3) — children born to enemy forces engaged in hostile occupation of the country’s territory — and should be denied birthright citizenship under Section 1 of the Fourteenth Amendment on that basis. In today’s political climate, this contention would unleash a firestorm of criticism upon anyone with the temerity to assert it. Even setting that aside, there are legitimate questions as to whether the facts support the analogy. BUT videos like the one below and the Absolut vodka ad picture, give some credence to the argument.

An Absolut vodka ad targeting Hispanic customers

At the January 10 meeting, there was further discussion of this issue, with a number of questions raised, associated with the 14th Amendment and the implications when interpreted according to long standing legal standards.

At the time of the meeting, our preliminary survey of relevant court cases had only turned up Elk and Wong. We are continuing our research work and have just discovered some additional information, which we’ve only started to dive into. One of the things we’re looking at is a research paper entitled “Regulation of Immigration is Historically a State Function“.

Article I, Section 8 of the Constitution enumerates the powers of the US Congress. Included in that list is, “To establish an uniform Rule of Naturalization,”. Naturalization is the process by which someone becomes a citizen.

The Constitution does not enumerate immigration as falling under the Federal government’s power. Immigration is simply “the act of moving to or settling in another region or country, temporarily or permanently”.

It turns out that immigration laws were originally handled by the States. Once an alien was present within the borders of a state, it was also permissible for that state to deny certain rights to that resident alien that citizens take for granted. In fact, it seems that a number of state laws “discriminating” between citizens and aliens in this manner are still on the books. How many, we don’t yet know. A good example of one law is right here in Nebraska; foreign nationals are prohibited from owning or leasing property for more than five years.

It’s very unclear when immigration became a Federal issue – did it occur legislatively in Congress or through bureaucratic regulation? The Bureau of Immigration and Naturalization was created by federal law in 1906. So, certainly, by that time, it was being treated as within the purview of the federal (general) government.

Just because something is done at one time and another way now doesn’t necessarily indicate which is the RIGHT way. The question remains: Is immigration properly handled as a State or Federal issue?

These questions are highly relevant, considering that LB48, the immigration measure introduced by Senator Janssen, includes language that would actually codify Federal authority over immigration into Nebraska law. Is that a good idea? Further, is it not a relevant question: If there are existing immigration statues on our books, including the law pertaining to property, are there already adequate laws available that are simply not being rigorously and consistently enforced?

We are looking into all of these questions and hope to have some answers very soon. Again, one of the things we are looking at is “Regulation of Immigration is Historically a State Function“, which references many court cases on this subject.

Sovereignty Special! Join R3s Friday Night to Listen and Share

click here to see original post on Grassroots in Nebraska

This Friday evening 6-8PM CST, Shelli Dawdy will be filling in as host of the Axxiom for Liberty radio show on Rule of Law Radio Network for Kaye Beach. Sitting in as her co-host for the evening will be Sandra Crosnoe.

We will be discussing the issue of state sovereignty, some of the current issues impacting its status, and ideas for additional action.

Guest Line-Up Includes: Linda Rohman from Nebraska, Amanda Teegarden of OK-SAFE, Oklahoma State Representative and Sovereignty Champion Charles Key, and a very special guest former Oklahoma Congressional District 4 Candidate and currently serving in Afghanistan National Guard Air Traffic Controller Chief RJ Harris.

To listen live to the show on Friday, click on the radio icon on the top of theRule of Law site, or listen live by calling in to 512-485-9010.

Rule of Law is an independent radio network based out of Austin, TX and heard on twenty AM and FM radio stations across the country, online, and via a special call-in number.

America’s Ruling Class Article Analysis and Recommendation

Andrew M. Codevilla’s article “America’s Ruling Class — And the Perils of Revolution” published in The American Spectator‘s summer issue is quickly becoming well known by many. Rush Limbaugh has recommended it to listeners at least twice. Some have even called it “the Common Sense of our time”.  If you would like to read the article in its entirety, click HERE.

[Editor’s note:  friends in Nebraska are studying the piece and analyzing it on the Grassroots in Nebraska website.  If you want to keep in touch with the project sign up for their feeds.  Shelli Dawdy heads up the group there and works diligently to restore the republic with R3s.  She is the “I” in this post.] A couple of weeks ago, Linda discovered the piece and enthusiastically recommended I read it. She waited quite patiently until I finally got the job done. (I don’t know how she waited so patiently, in retrospect.)

From the first read, we believed Codevilla’s article to be the best articulation to date of America’s current state and the root causes. One does not so frequently find so much sense, all in one place. It gives definition to fundamental problems and phenomenon observed by those of us who have been actively engaged in having an impact. For me, it provided some explanations for a number of incongruencies I’ve been mulling for some time.

It is difficult to determine effective actions when there are no definitions or there is lack of clarity.

We intend to analyze and examine “America’s Ruling Class…” in detail, provide primary source materials of support, and expand upon some of its ideas with several goals in mind.

Our first purpose in undertaking this effort is to “do our own homework”. We believe a root cause of America’s troubles is the too-ready acceptance of information by too many people. Too much trust is granted too frequently. What we’ve all come to call mainstream media is no longer employing basic journalistic principles. That is sadly too often the case even from sources “conservatives” consider friendly.

Click on the pic for the entire post on Grassroots in Nebraska

Please share, study and circulate this article.

Originally published on R3publicans on Aug 19, 2010 @ 5:02

Nebraska: Mark Your Calendars for An Evening With Gary Johnson June 19th

State Director of Campaign for Liberty, Laura Ebke, is also the Chair of the Nebraska Republican Liberty Caucus.  The RLC is comprised of members of the Party whose mission is to serve as the conscience of the party. Grassroots in Nebraska has been working on a number of efforts recently with Laura’s Campaign for Liberty group, such as advocating for the passage of the Sovereignty Resolution and several events.

RLC-NE is hosting an event that might be of interest to folks who would like to mix and mingle with other limited government / liberty-minded Nebraskans and have the opportunity to meet and hear from a potentially unfamiliar but interesting voice.

Former New Mexico Governor Gary Johnson is coming to Lincoln on June 19th for an event that includes a reception and speech. Those who are interested in elected officials who limit the size of government, protect freedom, and seek to maximize the potential for free enterprise should mark this event on their calendars.

Full event details and a link to a registration form can be found HERE.

Here are the basics:

Saturday, June 19

5:30 – 7:00pm Reception: Meet Gary Johnson and mingle with like minded conservatives while enjoying hors d’oeuvres and cash bar

7:00 – 8:00pm Presentation and talk by former Governor Johnson

Holiday Inn Southwest, Lincoln

Charles Key: Champion of the People and Hero for State Sovereignty!

Click on pic to read the rest of the original story!

Rep. Key introduced a resolution in 2008 in the Oklahoma State legislature with the intent of centering legislative debate on a Constitutional basis. The resolution was a simple reiteration of principles articulated in the Constitution regarding the role of the federal government in relation to the States. A review of Article 1, Section 8, which enumerates the powers of the federal government.

Be a fan of Representative Charles Key on Facebook, by clicking HERE.

originally published April 19, 2010 @12:27