By What Authority?

©2011 drkate

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?


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:

  1. 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.
  2. 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.
  3. 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.
  4. 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! 🙂

September 2009

26 Responses to “By What Authority?”

  1. 1 jtx January 7, 2011 at 10:05 am


    Siunds like a very god “case and controversy” tof present insisting that Obama’s eligiility to sign things into law be thoroughly be investigated. If presented by the auspices of a State, the United States Supreme Court could and should have origibnal jurisdiction of the matter since it is between the State and the U. S. Government.

    Your job – find a state that will submit such an action WRT water rights requesting that Obama prove his eligibility to make it law!!1

    That should bypass “standing” and “political question” BS.

    GOT STATES?@?@?@?@????

  2. 3 cort wrotnowski January 7, 2011 at 11:11 am

    yes, this is a great think piece. We need to “man up” for more types of lawsuits to crack this open.

    One problem is that we can link two issues together, but the judge can just as easily unlink them – no matter what the compelling public interest may be….that is, short of a mob invading his courtroom…

    • 4 Troy January 7, 2011 at 12:15 pm

      Cort, thanks so much for your effort with Leo to bring the eligibility issue to the SCOTUS…They should have heard your case…If they had we wouldn’t be in this mess right now.

  3. 5 Troy January 7, 2011 at 11:33 am

    Consider this:

    Our latest American hero, Theresa Cao, may just be sitting in the catbird seat…She has been charged with a crime (even though a very minimal one)…She has the option and opportunity to plead “innocent” to that crime and to request a jury trial.

    If she did plead innocent, more than likely, they will just drop the charge against her….But what if on a nearly daily basis someone continued to commit that same crime….An army of volunteer civil disobedients, if you will….At every official federal government function that a member of the general public has the ability to be in attendance of, a new civil disobedient STANDS up and shouts out one simple question – “How can a person be born with dual citizenship be a natural born Citizen?….Obama is ineligible!”

    There are ALWAYS cameras and microphones present at most sessions of federal government functions…There is always press coverage of some sort present.

    Intense and unrelenting pressure!

    • 6 Katie January 7, 2011 at 12:09 pm

      “How can a person be born with dual citizenship be a natural born Citizen?”

      If you reword the question a bit, I have found this stops everyone cold.

      “How can a dual citizen, born as a Brit, be qualified to be the Commander in Chief?” (Hello? Remember that little thing called the Declaration of Independence? From British rule????)

      I haven’t found anyone yet who has a comeback – including a SoS!!

    • 7 tfb January 7, 2011 at 4:26 pm

      Just dress like Code Pinkers, they always give them a pass, they’ll get confused…you can start by yelling “End the War in Afghanistan led by the illegal USURPER!”…

      the families of slain soldiers who’ve died over Obama’s suicidal rules of engagement should be first in line, they should know that Obama set about to kill off as many US soldiers as possible.
      More casualties in past 2 years than 8 prior COMBINED

  4. 8 Jan January 7, 2011 at 11:54 am

    Dr. K, great!!!, I don’t know to what group you were speaking but I would have loved to been there and watched facial expressions.


  5. 9 Rick January 7, 2011 at 3:29 pm


    I would like to present another case like the theme post of today’s blog.

    By what authority did the Supreme Court of the United States on January 22, 1973, decide that that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman’s decision to have an abortion up until viability.

    Scotus used the left’s catch-all fourteenth amendment to completely nullify the tenth amendment, i.e., “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

    This decision was obviously unconstitutional as it violated the State of Texas’ right to protect the life of the unborn as it does to protect the lives of living people through laws against murder. This law is called a landmark law by the left. And indeed it is, as it began a roller-coaster trip down the hill to kill state’s rights bringing us to the place where we are today with the health care bill and other federal abuses over the several states.

  6. 10 AttilasDaughter January 7, 2011 at 3:52 pm

    Didn’t Ron Paul write a “by what authority?”-bill?

  7. 11 Papoose January 7, 2011 at 6:45 pm

    Allen West / Michelle Bachmann 2012 – 2016

    Michelle Bachmann / Allen West 2016 – 2020

    What a Beautiful Thing. Race Gender shows the World there’s no such thing in America.

    Our Military could actually catch 40 winks with both eyes shut.

    Our brilliant, brave and intelligent achievers would sign up to serve gallantly.

    ~~ TC and Billy I heard the archive from last night’s broadcast.

    I am so proud of you and my pride for this Country, our traditions, our terrain and our treasures means more to me than anything. We are indebted to our Elderly.

    Its up to Americans to keep America safe. It a risk worth taking.

    It our duty if we have ever pledged allegiance to our Flag.

    Liberty and Justice doesn’t just apply to protected classes and undocumented aliens and the sharia government.

    There is that “for all” in there.

    Natural Born Citizen is a person with 2 American parents at the munute they were born on American Soil. The legal Immigrant’s Children will be grateful for the Concept as the world changes.

  8. 12 AttilasDaughter January 7, 2011 at 6:55 pm

    A dirty little secret on Reagan:

    • 13 Papoose January 7, 2011 at 8:06 pm


      I’ll never forget that our 52 Hostages were “released” from Iran on the afternoon of January 20, 1981, 444 days after they were enslaved and used as muslamic pawns.

      I never needed to another thing about Reagan.

      I’ll never forget that a Democrat Senator* who had inherited his seat went up against an American President for the Presidency. I’ll never forget that this loser Senator went to the convention and every single delegate was heard from in the floor. Every vote was tallied.

      I’ll never forget that Hillary Rodham Clinton conceded on the floor of the Convention when New York’s delegates were called. Not only was the woman not truly from that State but she shut down the Convention whilst she was winning and no other State could be heard from because of her “decision”.

      What more do we need to know about our Government?

      That was the day we were informed.

      Pawns, We Are.

      * do gooder – user – murderer.

  9. 14 Papoose January 7, 2011 at 8:25 pm

    iT is my belief that the record that needs to be brought forth to bring this to a just conclusion is this:

    Barack Hussein Obama II’ Selective Service Registration.

    It has nothing to do with his pitiful arrival and everything to do with his conscious declaration as to his citizenship as an adult.
    He declared under his own hand who he is and where he’s from on that innocuous piece of paper.

    You have to read international papers to get the unbiased skinny:

    This Record is the Keystone.

  10. 19 drkate January 8, 2011 at 1:57 pm

    Gabriella Giffords shot, reported dead, but also reported in surgery, 6 others fatally shot today: Eyewitness report..notice the ‘stunned how long the emergency crew took to arrive” suggests this is a set up. 😯

    God bless Representative Giffords and her family, and all those shot and their families.

    I swear if this is a false flag… 😡

    The gunman, who may have come from inside the Safeway, walked up and shot Gifford in the head first. According to Rayle, who is a former ER doctor, Gifford was able to move her hands after being shot.

    After shooting Gifford, the gunman opened fire indiscriminately for a few seconds, firing 20-30 rounds and hitting a number of people, including a kid no older than 10 years old. Rayle hid behind a concrete pole and pretended to be dead. When the gunman apparently ran out of ammunition he attempted to flee, but a member of Gifford’s staff tackled him. Rayle helped hold the gunman down while waiting for the sheriff to arrive, about 15-to-20 minutes later. The EMS came about 30 minutes later. Rayle said he was “stunned” by how long it took medical help to arrive.

    The gunman was young, mid-to-late 20s, white, clean-shaven with short hair and wearing dark clothing and said nothing during the shooting or while being held down, although he struggled at first. He was “not particularly well-dressed”; he didn’t look like a businessman, but more of a “fringe character,” Rayle said. The sheriff’s department arrived, arrested the gunman and cordoned off the parking lot.

    • 20 drkate January 8, 2011 at 2:03 pm

      Just heard that they FAUX had learned from ‘FBI internal memos’ that she was dead. so they reported that.

      Now she is in critical condition in surgery…

  11. 21 GaryW January 8, 2011 at 2:16 pm

    Dr. Kate…I need to make contact with you. You can email me at my blog (email address is at the top) I believe I have an idea that will blow the lid of this eligibility issue. Please provide me your contact information. I have already made contact with others (who you know) that are very interested. Thank you.

  12. 22 Rich T January 8, 2011 at 2:23 pm

    He sure sounds like an alphabet agency type. kept his mouth shut waiting for the get out of jail free moment.

  13. 23 Rich T January 8, 2011 at 2:45 pm

    Now this gets very interesting as she is one of the 19 who did not vote for Pelosi. Plus she is a very Blue Dog Dem.

  14. 26 Kathy M January 8, 2011 at 3:21 pm

    Great speech Dr. Kate!! Good Going…

    You have a greater influence that you think with a far greater knowledge that you realize. We must all use our areas of expertise to repeat the question, “By What Authority”? There is virtually no defense against that question if it is not Constitutionally based. Have you considered private consulting as work.

    Keep fighting.

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