Author’s Update 1/8/2011
The courageous actions of one Theresa Cao, following the regime’s jailing of Terry Lakin, harassment of Americans who attended the Lakin kangaroo court martial, arrest of Pastor Manning, and the economic warfare inflicted upon myself reinvigorated this Patriot…enough to step out again into the light and call out the usurper by name. The stepped up oppression of patriots means that we are right to out and remove the usurper because it is vital to our Nation, and is at the core of TPTB’s plan for total subversion of the United States–now. We are in mortal danger.
I was inspired to take the following action…and please understand my context. I will not wallow in the recent events in my life which have been economically and professionally damaging, but understand the word devastating when you are used to acting. What was discovered in my grief is that each of us has an amazing ability right now to stop the onward march of federal regulation of every aspect of our lives, and not in Washington, but right at home.
In the context in which I work, water is everything…and who has control over its distribution and the facilities–especially if it crosses state boundaries–is critical. Like every aspect of our lives–health, banking, food, OTC drugs, gardens…water is a most vital resource. The federal agency regulation is out of control…and regular federal employees do not understand what is going on except they are ordered to impose more regulations. A Washington focus on legislators is important, but federal agencies in the field also deserve our attention.
As you lay in the weeds waiting for an opportunity, consider that no federal agency or employee can defend their regulations and especially, ‘fees’, based on the Constitution. If you cite the Constitution, and specific clauses, they cannot prove they have the authority to impose that regulation. Furthermore, if you cite certain aspects of Congress’ power–to tax only under Article I–that federal agency cannot justify it’s decision to ‘charge’ taxpayers for anything, especially when we taxpayers have paid for everything they are doing.
Consider also that most of the so-called ‘stimulus’ funds, aka taxpayer monies, have been used to hire new federal employees to create, propose, and implement new regulations. This is cloward-piven being used by our own government to bring itself down, as regulations will destroy American families and businesses, increase the stress on individuals, and will bring the demise of the ‘institutions’ of government. Government employees are pawns in this, and because they are, cannot defend the source of their authority. They will be punished for not being able to implement proposed outrageous regulations.
Required to conduct public hearings, and often full environmental, economic, or other impact statements before implementing any proposed regulation, there are several moments in which a Patriot can pop up out of the weeds and ask the question, ‘by what authority’? Citing the Constitution and pointing out that agency’s lack of authority on the specific regulation they are proposing, they wither, scramble, and eventually must delay their plan until they can prove it. Thus a wrench comes flying out of the weeds and whatever they are doing is delayed. Strategy is important…you likely have one wrench and one escape route from the weeds you have been hiding in…for months and years. (note to self. buy more wrenches)
And you finish with the ultimate statement: prove to me that Mr. Obama, who signs all legislation, has the requisite authority to do so. Until that time as that agency can prove it, stand down.
Basking in Theresa Cao’s historic moment, I went right to work. Federal officials at the hearing absolutely know who I am, now even more so thanks to the New York Times and people like Col. Obot. You can imagine the scramble as I took to the podium, the last public comment with the room still packed with more than 100 people. The public hearing was on a proposed plan by the U.S. Army Corps of Engineers to divide and charge water users for “surplus water” captured by a dam which impounds the largest amount of water on the Missouri River system. The Corps plans to charge $20 per acre foot for storage (rental), and for access to the water for use in industrial processes (mining, oil and gas). The water is valued at about $7,000 per acre foot in St. Louis, where it is used to float barges…the upper basin states and Tribes along the system have not been allowed to develop their resources.
Watch how eligibility was weaved into this testimony.
By What Authority?
TESTIMONY: PUBLIC HEARING
Good evening…my comments this evening represent my own point of view…thus I am speaking to you as an American citizen, as a citizen of the Great State of ______, who just happens to be a hydrologist and water manager interested and working in the Missouri River basin.
I find it interesting that today the new House of Representatives opened its session by reading the U.S. Constitution (what I was actually thinking), which they, and you, as government employees, take an oath to uphold. I still feel bound to that oath I took when I joined the government; as to my oath of naturalization at the age of 18. While born outside the United States of only one U.S. citizen parent, I proudly swore allegiance to the United States, and live by that oath to the Constitution as well. As a resource manager, that Constitution is not too far from my work as it does guide what the federal government can and cannot do.
As the House read the constitution, I grabbed my copy to read along, and in thinking about tonight’s meeting, I looked for clauses in that constitution which would justify the Corps’ actions proposed today, in particular, charging the state of ______ and its citizen taxpayers ‘rent’ for water stored behind a project built by American taxpayers. Let me repeat that. You are charging taxpayers rent for water stored behind a dam that taxpayers built.
Instead of finding authority for the U.S. Army corps of Engineers’ proposed actions, I found that the Army Corps of Engineers has no independent authority to charge North Dakota, the Tribes, or local citizens for ‘storage’ of water in North Dakota. To wit:
- Article I of the Constitution makes it clear that only Congress can make laws which impose a ‘tax’, excuse me, rent charge,not federal agencies. I submit the Corps has no independent legal authority to charge rent for storage or access to surplus water that it did not generate, in a reservoir that was constructed using taxpayer funds.
- The Commerce Clause, Article 1 Section 8, gave Congress the right to regulate interstate commerce, and the trade among the Indian nations. I submit that the Corps, as an agent of Congress charged with authorized purposes only in managing the Pick Sloan Program, has no independent authority to both charge for and divide the surplus water absent clear congressional legislation and direction, and, the consent of the governed—the states and the Tribes. The Congress was not authorized to destroy the trade among the Indian nations. The Corps projects did that by inundating Tribal lands. There is much work left to be done, and thus there is no surplus water available to divide.
- Article IV of the constitution guarantees to each state a ‘republican form of government’, to guard against federal encroachment. The decision to ‘hold a hearing’ on the federal decision to allocate water it does not own, has not produced, and cannot sell is federal encroachment.
- The Bill of Rights—the first ten amendments to the Constitution—apply to the federal government, and guarantee to the states—through the 9th and 10th amendments, the authority to act on many issues, including the allocation of water generated and stored within its boundaries. By virtue of the Tribes’ land ownership, they too have a say in how the water should be stored and used.
Without the requisite authority, I conclude that Corps’ proposal is more about watershed governance and federal water control than any specific water allocation plan. I ask the Corps to verify this information with Mr. Obama’s water czar, David Hayes, Deputy Secretary of the Interior, that oversees Reclamation.
In short, I conclude that the USACOE is without authority to propose what it is doing right now. Neither the Constitution nor federal case law permit the COE this intrusion into a vital state, interstate, and Tribal resource.
I urge the Corps to stand down from any proposals until it can prove to the states and Tribes that it has the requisite authority—from Congress—to allocate and charge for a resource it does not own. Further, I urge the Corps to verify through its Chain of Command, the Congress, and through the office of the President who finally authorizes your activities, that the requisite authority exists to add this new authority to the Corps’ Pick-Sloan program.
One day…Obama stepped on a
hornet’s nest Patriot. While seemingly crushed, the Patriot did what water does…went around, underneath, over, or right through him. Depending on the day.
Certainly there will be more to come! 🙂