District 41B Blog: 7/1/11

Friday, July 29, 2011

redistricting

This is almost final draft of an amicus brief I am submitting to the Minnesota Supreme Court next Tuesday. The intent is getting the courts to subject their authority to the Constitution and force the legislature to do what they are paid to do, redistrict the state of Minnesota.

I am looking for others to place their John Hancock on the document along with me. If you are interested, the document is available for you to sign from Saturday morning 7/30 to Tuesday morning 8/2 at which time I will take the document and file in court.

Case Number: A110152

Jurisdiction: Supreme Court

Classification: Abbreviated Adversarial-Other-Other-Direct

Filing Date: 01/25/2011

Hearing Type: Special Term

Parties

Sara Hippert, et al.,

Petitioners

vs.

Mark Ritchie, Minnesota Secretary of State

and Robert Hiivala, Wright County Auditor

Respondents.

Amicus brief

“We the People” recognize the subordinate powers of the Legislative, Executive and Judicial branches of government enshrined in our Minnesota Constitution to “We the People” in the said preamble.

Therefore: Said separations of powers as established by “We the People” in the Minnesota Constitution clearly restrict

influences of the three branches over one another.

Therefore: The Federal Constitution requires enumeration of the national population and specifically provides the power to redistrict to the State Legislatures.

As Established: Article 4, Section 3 requires the Legislatures to establish Congressional and Legislative districts, not the Executive or Judicial branches of state government.

As Established: Article 4, Section 3 requires the legislature to produce a final redistricting plan to “We the People” prior to the end of the 2011 session. As such the Minnesota Legislature failed to comply with the Constitutional requirements of “We the People” during said session.

As Established: Article 6 of the Minnesota Constitution that “We the People” established judicial limits of authority and provides “NO” Judicial oversight of the Legislative re-districting activities.

As established: The Will of “We the People” clearly articulates Judicial exclusion of the matter before the courts on re-districting; no case law, precedents or Judicial review has application or authority to supersede the clarity and unapologetic direction of “We the People” of Minnesota enumerated in our State Constitution.‘

Conclusion: In keeping with “We the People” Constitutional Powers are supreme over our subordinate three branches of government; Therefore “We the People” strongly urge the Minnesota Supreme Court to post haste withdraw their involvement from any re-districting activity in Minnesota, based on the following direct Constitutional will of “We the People”, dismiss case number A110152 with prejudice and direct the Minnesota legislature to complete their constitutional responsibilities.

The people of the state of Minnesota

Dated This 29^th day of July in the year of our Lord 2011

Timothy David Utz

Candidate for Minnesota House 38-B in 2012

Fidelity to the Constitution

Restoring the Republic

This communication is private and not for consumption

by any third party or governmental authority. The 4th

amendment privacy rights under our Federal

Constitution are fully invoked with this communication

as specified in the original context and meaning of

December 15, 1791.

Thursday, July 28, 2011

A Simple Blessing From Heaven

In our attempt for austerity in campaign spending we look for deals that are not compromising on campaign principles, quality of our goods and services or fudging the message.

Such an opportunity happened tonight as we recently received a modest donation. Needing copy paper, as we ran out on Monday 7/25/11, we arrived at Staples in Roseville to purchase a case of paper on sale. An even better offer was available for a case of 20# 92 Bright copy paper for $10.00 saving us $26.00. We took no time purchasing the case; thanks to last week donors who provided the $40.00 donations giving us the liberty to visit Staple’s tonight.

Remember our campaign fundraiser “Five Dollar Friday” on Facebook and the internet is tomorrow. Visit our website and make a generous donation, we do attempt making every dollar invested productive.

http://www.timutzforhouse.com/donate.htm

Timothy David Utz

Candidate for Minnesota House 38-B in 2012

Fidelity to the Constitution

Restoring the Republic

This communication is private and not for consumption

by any third party or governmental authority. The 4th

amendment privacy rights under our Federal

Constitution are fully invoked with this communication

as specified in the original context and meaning of

December 15, 1791.

Tuesday, July 26, 2011

Flip-flopping on gimmicks

From: Tim Utz [mailto:tim@timutzforhouse.com]
Sent: Tuesday, July 26, 2011 8:45 AM
To: 'tim utz'
Subject:

Our Representative Carolyn Laine House District 50-A has every right and responsibility to inform “We the People” of her voting record and reasons for such vote. Recently, in a letter to the editor Carolyn Laine explained her “no” vote for 2011 Special Session stating “… it perpetuates greed…continues short term thinking by borrowing and accounting gimmicks… Republican solution is fiscally irresponsible. It borrows $1.4 billion from our schools and our future revenue.

Voting records do matter, and reflect a Representatives position and view of government. In the latest argument of Carolyn Laine on gimmicks of budgeting I take issue.

On 5/17/10 Carolyn Laine voted “Yes” on 2010 Special Session 1, HF-01 which used accounting gimmicks to take $2.7 billion from various state department budgets including $1.9 billion from Department of Education future income to balance projected general fund shortfalls.

On 10/18/10 Carolyn Laine voted “Yes” on 2010 Special Session 2, HF-01 which used accounting gimmicks to take $237 million from Department of Human Services future income to balance projected general fund shortfalls. In addition HF-01 directly violates Minnesota Constitution Article 4 Section 17 single subject, by including emergency funding for flood relief.

It appears Carolyn Laine is ok with funding gimmicks when DFL Representatives are in control of both Minnesota House and Senate as in 2010, yet when a different political party controls the Minnesota House and Senate Carolyn Laine suddenly flips her position on funding gimmicks and vehemently opposes the very practice she voted “yes” on twice last year. Draw your own conclusions on her voting record.

Tim Utz

4141 Stinson Blvd NE

Columbia Heights, Mn

763-781-5129

NO TO SPEAKER BOEHNER'S DEAL.

Last night President Obama activated his army of liberal supporters -- die-hard left-wing activists are flooding the Capital Switchboard, urging capitulation over putting American on a sustainable fiscal path.

Even worse, House Speaker John Boehner has proposed a deal that would raise the debt ceiling without imposing meaningful cuts, spending caps, and only makes vague promises of a "vote" on a Balanced Budget Amendment.

We must stop them.

Call your Congressman RIGHT NOW at (202) 224-3121 and tell them NO TO SPEAKER BOEHNER'S DEAL. TELL THEM "CUT, CAP, AND BALANCE IS THE ONLY PLAN THAT WILL FIX AMERICA'S FISCAL MESS."

Republicans have already passed a plan to fix our crushing debt problems. It's called Cut, Cap, and Balance. If we hold the line, we can get this done.

No more deals. No more kicking the can down the road. The time for action is now.

Best regards,

Chris

________________________________________
Chris Chocola
President, Club for Growth
2001 L Street, NW, Ste 600
Washington, DC 20036
PH: 202-955-5500

IJ Notches Another Victory: Free Speech and Eminent Domain

FOR IMMEDIATE RELEASE:
July 26, 2011

Appeals Court Rejects Dallas Developer’s Claim
That Book About Eminent Domain Defamed Him
Author and Publisher Protected by First Amendment

Dallas, Texas—In an important victory for the First Amendment, a unanimous Texas Fifth Court of Appeals has handed a major defeat to Dallas developer H. Walker Royall in his defamation lawsuit against the author and publisher of Bulldozed: “Kelo,” Eminent Domain, and the American Lust for Land. In November 2009, a Dallas trial court issued a blanket denial of Carla Main and Encounter Books’ claims that the book is protected by the First Amendment, prompting the appeal.

Late yesterday, the Dallas appellate court reversed the trial court’s judgment and held that Royall failed to produce evidence that anything in Bulldozed defames him in any way. The opinion reaffirms that criticism of public projects is protected by the First Amendment, and that developers who are involved in those projects cannot hide behind defamation law to escape criticism over their role.

“Walker Royall has failed in his attempt to use this frivolous defamation lawsuit as a weapon to silence his critics,” said Dana Berliner, senior attorney at the Institute for Justice, the nonprofit public interest law firm that is defending Main and her publisher. “The appeals court has exposed the frivolity of Royall’s lawsuit, holding that Royall failed to prove that a single word of Bulldozed defames him.”

Published in 2007, Bulldozed chronicles events in Freeport, Texas, where Royall signed a development agreement to have the city take land owned by Western Seafood—a generations-old shrimping business—and give that land to Royall’s development company for a luxury yacht marina. Royall sued the book’s author, Carla Main, and its publisher, Encounter Books, in October 2008, seeking monetary damages and a permanent prohibition on further printing or distribution of the book.

Like many works of non-fiction, Bulldozed chronicles the events in Freeport in dramatic fashion, but Royall was unable to identify a single false and defamatory statement about him in the entire book. The Court found that Royall was not defamed on any page of the book, nor by the gist of the book. It found that Main’s description of his role in the project and eminent domain was not defamatory; nor was describing the contract between Freeport and Royall as a “sweetheart deal.” The opinion also found that descriptions of the book on Main’s and Encounter’s websites and in a book review were entirely non-defamatory.

Main is a veteran journalist who was an associate editor of The National Law Journal, where she edited the opinion page and wrote a column on law and society. She wrote for The Wall Street Journal, Policy Review, National Review, The American Lawyer and The New York Sun, among other publications. Before becoming a journalist, Main practiced as an attorney in New York City for ten years. Bulldozed was reviewed in many newspapers, including The Wall Street Journal, was considered for the Texas Historical Commission’s annual T.R. Fehrenbach Book Award and won a highly competitive independent press award for political science writing.

“This is a great day for the First Amendment and obviously, a great day in my life,” said Main. “I am deeply grateful to my outstanding lawyers at the Institute for Justice, who never wavered in their passion about this case. And I am equally proud of my editor and publisher, who have stood by me and shown unfailing kindness, loyalty and integrity. No author could ask for more.”

“In dismissing this preposterous assault on the First Amendment, the Court has affirmed the sacrosanct principle that a free society requires a free press,” said Roger Kimball, publisher of Encounter Books. “This decision is thus important not only for the several defendants, it is equally important for anyone who believes that free speech is the prerogative of all citizens, not just the wealthy and well connected.”

Royall’s lawsuit is part of a national trend of developers and government officials using defamation lawsuits to silence their opponents. Similar suits have been filed in Tennessee, Missouri, Washington and elsewhere by developers and government officials looking to silence critics of eminent domain for private gain. Earlier, when the Gore family—owners of Western Seafood and the original victims of Royall’s eminent domain abuse effort in Freeport—complained against Royall’s actions, he sued them for defamation. In the present lawsuit, Royall has also sued the Galveston newspaper that reviewed the book, along with the book reviewer. Law Professor Richard Epstein, whom Royall also sued, was dismissed from the lawsuit in March 2009.

“Books that criticize the government are the very essence of protected speech,” said Matt Miller, executive director of the Institute for Justice Texas Chapter. “This decision upholds the right of everyone to discuss and criticize public projects, and the people—like Royall— who are involved with them.”

The ruling also establishes that book publishers are entitled to speedy access to appellate courts when their First Amendment claims are rejected by a trial court. Royall tried to argue that book publishers are not members of the “print media” under the relevant statute, an argument the appeals court squarely rejected.

Since Royall filed his suit in 2008, the Texas legislature has enacted additional safeguards to protect people who speak about public affairs. This past session, Texas passed a law (known as “anti-SLAPP” which stands for “strategic lawsuits against public participation”) that allows defamation defendants to quickly get rid of suits, like Royall’s, that are brought to silence critics of public projects. Defendants can also recover attorney’s fees and costs when the suit is dismissed. That law becomes effective September 1. Main’s testimony helped pass the anti-SLAPP law after she testified about her experience during the past legislative session.

# # #

Best,

Christina Walsh
Director of Activism and Coalitions
Institute for Justice
901 N. Glebe Road, Suite 900
Arlington, VA 22203
(703) 682-9320
(703)-682-9321 (fax)
www.ij.org
www.castlecoalition.org
Twitter: @ChristinaWalsh
Subscribe to our YouTube channel! http://www.youtube.com/instituteforjustice

We
in ACT! for America join those around the world who are shocked and
deeply saddened by the mass murder spree in Norway. We grieve for those
killed, for their families, and for their friends.

This touches me very personally. I have seen friends murdered by terrorists and I have felt the unspeakable pain of that loss.

We also join those around the world who condemn, in the
strongest words possible, the unconscionable actions of Anders Behring
Breivik.

Not surprisingly, Brevik’s 1,500 page manifesto is being combed
for clues as to why he would perpetrate such a heinous act of terrorism.

For instance, a New York Times article
states Breivik was “deeply influenced by a small group of American
bloggers and writers who have warned for years about the threat from
Islam…” He also frequently quoted the Unabomber.

Predictably, and sadly, there are those who have started the
drumbeat that rhetoric critical of radical Islam is the cause of this
tragedy. We have seen ludicrous online posts conjuring up comparisons
to Breivik and conservative American political leaders that I won’t
dignify by reprinting here.

This is reminiscent of what happened after the Tucson shooting
spree, when many in the press jumped to conclusions that Jared Loughner
was a “right winger” or a “tea party activist.”

A column by Mark Tapson in FrontPageMagazine has some very important points in this regard.

Breivik is a
terrorist. His targeting of helpless schoolchildren makes him no better
than the slaughterers at Beslan…. There is no connection between the
legitimate, courageous, lawful work of notable anti-jihadists and such
evil. No true Christian, conservative, or responsible critic of jihad
would condone Breivik’s despicable, cowardly acts or deem them to be in
accordance with our beliefs and values. Much less would we celebrate
those acts, unlike our Islamist counterparts.

In
my home country of Lebanon I saw first-hand what happens when terrorism
and violence is used to undermine democracy. When 9/11 happened, I
made a vow that I would not allow what happened to my country of birth
happen to my adopted country.

This is why the mission of the organization I founded, ACT! for
America, has ALWAYS been and will ALWAYS be a call to constructive,
peaceful and democratic citizen action through education, community
action, and legislation.

Always devoted,

Brigitte Gabriel

Tuesday, July 19, 2011

I wish OUR leaders would step up in Canada & USA.

The whole world needs a leader like this!

Prime Minister Julia Gillard - Australia

Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia, as the government targeted radicals in a bid to head off potential terror attacks.

Separately, Gillard angered some Australian Muslims on Wednesday by saying she supported spy agencies monitoring the nation's mosques. Quote:

'IMMIGRANTS, NOT AUSTRALIANS, MUST ADAPT... Take It Or Leave It. I am tired of this nation worrying about whether we are offending some individual or their culture. Since the terrorist attacks on Bali, we have experienced a surge in patriotism by the majority of Australians.'

'This culture has been developed over two centuries of struggles, trials and victories by millions of men and women who have sought freedom.'

'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language. Therefore, if you wish to become part of our society, learn the language!'

'Most Australians believe in God. This is not some Christian, right wing, political push, but a fact, because Christian men and women, on Christian principles, founded this nation, and this is clearly documented. It is certainly appropriate to display it on the walls of our schools. If God offends you, then I suggest you consider another part of the world as your new home, because God is part of our culture.'

'We will accept your beliefs, and will not question why. All we ask is that you accept ours, and live in harmony and peaceful enjoyment with us.'

'This is OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we will allow you every opportunity to enjoy all this. But once you are done complaining, whining, and griping about Our Flag, Our Pledge, Our Christian beliefs, or Our Way of Life, I highly encourage you take advantage of one other great Australian freedom, 'THE RIGHT TO LEAVE'.'

'If you aren't happy here then LEAVE. We didn't force you to come here. You asked to be here. So accept the country YOU accepted.'

NOTE: IF we circulate this amongst ourselves in Canada & USA, WE will find the courage to start speaking and voicing the same truths.

If you agree please SEND THIS ON and ON, to as many people as you know...

Monday, July 11, 2011

RNC Hires Radical Homosexual....

Radical Homosexuals lurk the Halls of Congress tempting your elected officials with generous campaign contributions.

It's like the sweet candy child predators use to lure in their victims.

And now they're more dangerous than ever before...

The Republican National Committee has just proven it prefers the wealth of homosexuals to the values of mainstream Americans.

You see, Log Cabin Republicans Executive Director R. Clarke Cooper knows all the big money players in the Homosexual Lobby

In fact the Log Cabin Republicans is the leading Homosexual Lobby front infiltrating the right wing.

And the RNC, seeking to enrich themselves with homosexual cash, just appointed Cooper to their Finance Committee, which oversees their fundraising.

You and I must make it clear this is UNACCEPTABLE!

This is EXACTLY how they rammed Homosexual Marriage down our throats in New York.

They found rich, pro-homosexual, "Republican" donors who promised to line the pockets of any Republican willing to betray the family.

We can't let them do the same thing at the national level!

You can call the Republican National Committee at 202-863-8500.

Please make your voice heard today!

And if you can, please help me counter the riches of the Radical Homosexuals and chip in just $10 or $20 so I can fight back.

For the Family,

Eugene Delgaudio
President, Public Advocate of the United States

P.S. Please prayerfully consider chipping in with a donation of $10 or more to help Public Advocate fight for traditional values.

Whatever you do, please take action today.

From Americans for Prosperity

Dear Weston,

Our window of opportunity is closing. Over the next few weeks, we're going to find out who in Washington wants to fix our nation's out-of-control finances and who wants to keep on spending.

The week of July 18, the U.S. House will vote on the Balanced Budget Amendment to the U.S. Constitution. The amendment includes spending caps at 18 percent of GDP and a requirement for a supermajority vote to raise taxes. We need your help to urge Congress to pass the amendment and send it to the states for ratification.

National District Office Day

A huge conservative coalition is coming together to visit our representatives' district offices this Thursday, July 14 at 12:00 Noon.

We need your help to make sure these events are a success. I know you're busy. We all are. But please take a few minutes out of your day to stop by your representative's office and urge him or her to support the Balanced Budget Amendment. It will make a big difference.

Click here to find the district office closest to you.

Take Action Online

If you can't make it into a district office, another great way to make your voice heard on the Balanced Budget Amendment is by clicking here to take action online today.

Either way, please share your activity on Facebook and Twitter.

Sincerely,

Tim Phillips
President
Americans for Prosperity

P.S. At an event in Clairmont, Ohio last week I spoke to a mother of 3 daughters who has gathered 1,437 signatures for a petition to put the federal health care takeover legislation on the ballot this fall in Ohio. Think about that: a mom with 3 kids and a job at her local church and she's knocked on doors, stood outside stores, approached friends and neighbors and gotten 1,437 people to sign a petition to put an important initiative on the ballot in Ohio.

That's the kind of commitment and passion for our nation and our values that I see every day on the road. Let's make sure we're all doing our part. Let's take the time and go visit these congressional district offices this Thursday, July 14th. Click here to find the district office closest to you.

Wednesday, July 6, 2011

Fair Tax Progress

FairTax Nation

Replace All Federal Taxes on Income with the FairTax Act of 2011, HR 25 & S 13

A message to all members of FairTax Nation

Good news! Rep. Camp the chairman of the House Ways and Means Committee has scheduled a hearing on the FairTax Bill before the entire House Ways and Means Committee on July 26, 2011! This is the first step toward moving the bill to the floor of the House for a vote!

We have a lot of work to do to maximize impact with the FairTax hearing.

1) If you can make it to Washington to Storm the Hill please come. Halls full of FairTaxers make a great impression! For information go to: www.FairTaxNation.com If you show up in DC, they know you are serious!

2) Please contact your members of Congress who sit on the House Ways and Means Committee, inform them about the hearing and encourage them to attend. Contact them now and again a few days before the hearing.
Full committee can be found at: http://waysandmeans.house.gov/About/Members.htm#5
Contact information for members of congress can be found at: http://www.contactingthecongress.org/

3) Contact CSPAN and encourage them to broadcast the hearing. http://www.cspan.org/About/Contact-C-SPAN/

4) Contact you members of Congress and let them know the hearing is taking place. A personal visit to their local office, etc. is a great way to get their attention.

5) I am not sure how to do this yet, but I would like a DVD of the hearings to distribute to members of congress and other tax organizations.

6) Attend the August town halls, tea parties, campaign stops, and talk - talk -talk about the FairTax.

Remember we need you at the Iowa Straw Poll in Ames Iowa on August 13, 2011. This is an extremely expensive event, for example the cost of just the fuel to run the generators is a big expense. If you want to donate to the grassroots effort go to www.FairTaxNation.com Information on the Straw poll will be posted shortly.

We must always remember to be politely persistent as we still have a long path ahead of us but the path seems to be getting shorter every day!

Questions? Just ask!
Marilyn Rickert

Visit FairTax Nation at: http://fairtaxnation.ning.com/?xg_source=msg_mes_network

Monday, July 4, 2011

from The Objective Standard

From TOS Blog

What to Celebrate on the Fourth of July

by Craig Biddle

On July 4, 1776, the Founders declared to the world not only that the colonies would henceforth be independent from Britain, but also, and more fundamentally,

that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

This was the beginning of the first moral country on earth—a country in which individual rights were to be explicitly recognized and protected.

Although slavery persisted for several decades after the founding, this aberration was ultimately recognized as incompatible with the basic principle of America and thus eradicated. Between the end of the Civil War and the turn of the century, America came close to being a fully rights-respecting society. Men were essentially free to live their own lives, by their own judgment, for their own sake. This was the Land of Liberty. And this is what we should work to achieve again.

On the Fourth of July, celebrate not the rights-violating, welfare state that America has become, but what America once was and could be again. Celebrate man’s “unalienable Rights.” Celebrate the principle that the proper purpose of government is “to secure these rights.” Celebrate the principle that “whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.” And, most of all, celebrate the Founders, who recognized and codified these principles, thus making possible the degree of freedom we still enjoy and the moral ideal to which we should return.

Let the fireworks explode!

###

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