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August 2013


The Becker Report Proliferates
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Our Federal Government
I'm not an attorney, constitutional scholar, or historian. However, I struggle more and more each day with the overreach of our federal government generally and the judiciary more specifically. The concept of "judicial review" baffles me. Its roots are found in Marbury vs. Madison (1803). Over the years, the judiciary has elevated themselves to be superior to the executive and legislative branches. I agree with Thomas Jefferson's response to Chief Justice Marshall regarding this case:

You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps.... Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.

In a letter to Spencer Roane (1819), Thomas Jefferson affirmed that allowing the judiciary to be the final arbiter of the Constitution would render it "a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please."

Over time, the judiciary has abused their power and has "placed us under the despotism of an oligarchy," as Thomas Jefferson feared.

"The Constitution is what the judges say it is...," said Charles Evans Hughes in a speech (1907). He later became a Supreme Court chief justice. This is the "thing of wax" that Jefferson warned about. And that is why the concept of "Ours is a nation of laws. We are ruled by laws, not men" has been nullified and turned on its head by "the despotism of an oligarchy" (Jefferson).

The following are a few examples of federal abuses and usurpations of power. (An exhaustive list would be far too voluminous.) Consider the following Supreme Court decisions: McCollum v. Board of Education (1948); forbid religious instruction in Ohio schools. Engel v. Vitale (1962); removed "government directed" prayer from Ohio schools. Roe v. Wade (1973); forced Ohio to accept abortion on demand. South Dakota v. Dole (1987); coerced Ohio to raise the drinking age to 21. Lee v. Weisman (1992); prohibited the clergy from reading prayers in Ohio schools. U.S. Term Limits, Inc. v. Thornton (1995); prevented Ohio from setting term limits on members of Congress.
A few recent examples of judicial tyranny come to mind: The Ohio Supreme Court upheld the 2010 election of John Williams for Hamilton County Juvenile Court. Before the numbers were certified, Susan Dlott, a federal judge and wife of Stan Chesley), overturned the election by requiring the counting of illegal ballots. The result of that stroke of brilliance is now on display in the form of Tracie Hunter. (Need I say more?)
Ohio's election's laws and procedures have been dissed by federal judges who think they are smarter than our Secretary of State. Maybe they are (doubtful), but they have no business micromanaging our elections. Federal Judges Peter Economus and Algenon Marbley come to mind.
Contrary to the Ohio Constitution, federal Judge Timothy Black ruled that two homosexual men must be recognized as "married" in Ohio.
Due to a federal EPA ruling, Duke Energy will close the Beckjord coal fired power plant in Clermont County.
Do I need to mention Obamacare? Or the NSA? Enough said there.
The Bill of Rights was written to ensure the constraint of the federal government and empower the several states. The judiciary has used (abused) the 14th Amendment to turn the Bill of Rights on its head and using it as a weapon against the states; exactly the opposite of the original intent. The 14th Amendment is probably the one most abused by the judiciary.
Some of these may be good things. But who decides? Do we want Ohioans making these decisions for Ohio? This might be better known as "self-determination." Or do we want to continue the status quo of Washington micromanagement and judicial fiat?
James Madison, father of the US Constitution, wrote in Federalist Paper #45:

The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.

Consider the words of Thomas Jefferson in the Declaration of Independence:

We hold these truths to be self-evident, 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. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security...

And if that's not enough, consider the words of Thomas Jefferson once again. In a letter to William Stephens Smith (1787), he said:

What country before ever existed a century and half without a rebellion? And what country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure.

There is a precedent for simply ignoring Court decisions: In the Worcester v. Georgia case (1832) President Andrew Jackson said, "John Marshall has made his decision; now let him enforce it!"
The president controls the federal marshals and can federalize the state national guards at any time. That is why only a president can ignore a court order without fear of imprisonment. The judiciary has elevated themselves to superiority over the executive and legislative branches. Our presidents continue to allow "the despotism of an oligarchy," (as Thomas Jefferson called the judiciary). Until that changes, their abuse of power will continue to grow. And it appears to be growing exponentially.

How many times will they "cross the line" before we say, "I'm as mad as hell and I'm not going to take it anymore" (1976)? Are we going to wait until a judge orders statewide homosexual "marriage" in Ohio? What about polygamy? Adult siblings? If not those, then what? Think about it.

Disclaimer: The above rant is not a call to arms or civil disobedience. My intention is to simply illuminate the gradual decay of the original intent of the founding fathers and the ever growing reach of the federal government. I want my readers to consider what happens to a frog when the water is slowly heated and consider the parallels and consequences.

Scott Landreth, Ohio State Coordinator, Tenth Amendment Center sent me the following:

It's no secret that the federal government has been exercising powers and passing "laws" that are not authorized - or enumerated - in the Constitution on a regular basis for the past 150+ years.
What many Americans may NOT realize is that the Supreme Court, the Judicial branch of the federal government, is just as guilty of this betrayal as the Legislative & Executive branches.
Congress is given the authority to pass laws which are "in pursuance of"
its Constitutionally delegated powers. Any and all federal "laws" that are NOT authorized by the Constitution should be declared invalid by the Supreme Court (and nullified by the States), yet it isn't difficult to come up with numerous examples of unauthorized, federal overreach.
All federal drug and gun "laws" are unconstitutional. Supreme Court-approved PPACA (aka "Obamacare") and the indefinite detention provisions of the 2012 NDAA are unconstitutional. Warrantless NSA spying is unconstitutional. The list goes on ad nauseam.

Ohio House of Representatives
The list of bills that I've sponsored include:
HB 188 eliminates the Ohio Marriage Penalty.
HB 191 corrects the definition of a machine gun.
HB 210 prohibits law enforcement from destroying firearms and requires that they be sold to federally licensed firearms dealers (FFL).
HB 234 allows hunting with suppressors.
HB 236 allows public sector employees with concealed carry licenses to carry into government buildings.
HB 240 eliminates the February and August special elections.
HB 244 elevates the crimes of rape and child molestation to capital crimes subject to the death penalty.
HB 250 allows for two weeks of early voting concluding the Friday before the election.
HB 255 reforms Medicaid and saves taxpayers $1.5 billion per year.

Video Central
Elbert Guillory: "Why I Am a Republican" (4+ minutes)
"I'm as mad as hell" (5 minutes) I found this clip to express my feelings about the federal judiciary and, to a lesser extent, the state judiciary.
Josh Mandel - Ohio's Online Checkbook (4+ minutes)
Brad Wenstrup on Fox News (<4 minutes)
John Becker on Fox 19 talking about HB 244 (3 minutes)
John Becker on Fox 19 talking about Medicaid (2 minutes)
Ronald Reagan on Religion (< 5 minutes)

Event Calendar
August 29, 2013
Americans for Prosperity town hall meeting featuring John Becker at the Eastgate Holiday Inn from 7 pm to 8:30 pm

August 31, 2013
CCV Pro-Family Forum in Columbus

September 3, 2013
Clermont County Tea Party at the Eastgate Holiday Inn at 7 pm

September 6, 2013
Clermont Senior Services gala and auction at the Oasis at 6 PM

September 10, 2013
CCV's Annual Golf Tournament at Glenview Golf Course

September 13, 2013
Clermont Chamber luncheon at the Eastgate Receptions at 11:30 AM

September 18, 2013
Clermont County Central Committee at 7 PM in Batavia

September 19, 2013
Healthy Beginnings Annual Fundraising Banquet at the Sharonville Convention Center at 6:00 pm

Becker for State Representative
Iíve raised $57,000 and expanded my donor base to over 380 people in six different states! Donation size has ranged from $1 to $1,000 and has averaged $81. You could donate for FREE! You may know that a $50 per taxpayer dollar-for-dollar tax CREDIT (It is $100 on a joint return.) is available every year. The "Ohio political contributions credit" is on line 55 of your Ohio IT 1040. Simply claim it on your state of Ohio tax return and get your money back. Contributions to candidates for State Representative (and other "state offices") qualify for this credit. That is why it will cost you nothing. Iím Pro-Life, Pro-Gun, Pro-Limited Government and Lower Taxes. Please see the following brief videos:

Introduction (38 seconds)

Second Amendment (36 seconds)

Taxes (49 seconds)

Energy (55 seconds)

Pro-Life (42 seconds)

Creation Science and Evolution (42 seconds.)

State Government Spending (45 seconds)

Donate (50 seconds)

State Government (37 seconds)

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