- 1. My backyard work based on the Back to Eden
- 2. Prices at Primal Pasture
- 1. Discuss Briefly what I talked about last week
2. Review a new case Ashwander vs. T.V.A.
My backyard work based on the Back to Eden approach
Law: Ashwander vs. T.V.A.
Seven Rules of Brandeis
- "The Court will not pass upon the constitutionality of legislation in a friendly, non-adversary, proceeding ...";
- "The Court will not 'anticipate a question of constitutional law in advance of the necessity of deciding it.'"
- "The Court will not 'formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.'"
- The Court will not pass upon a constitutional question, although properly presented by the record, if there is also present some other ground upon which the case may be disposed.
- The Court will not pass upon the constitutionality of a statute unless the plaintiff was injured by operation of the statute.
- "The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits."
- Even if "serious doubt[s]" concerning the validity of an act of Congress are raised, the Court will first ascertain "'whether a construction of the statute is fairly possible by which the question may be avoided.'"
My Take Away:
1) SCOTUS will not take a case unless there is real parties with real damages i.e. SCOTUS doesn't exist to entertain hypothetical cases.
This is very beneficial because for our Beit Din should strongly consider adopting these rules (ToDo: Expand e.g. Moses's advice from Jethro, Forcing people to articulate what there problems truly are, ... ).
2) You can 'Ash-wander' into the jurisdiction of the state by taking a benefit, ergo you need to guard shomer your sacred contract with YHVH and understand that it can be compromised by taking a benefit and believing that you truly can have a 'free lunch'.
ToDo: Add notes to Sunday Men's Coffee here
ToDo: Add notes to Sunday Men's Coffee here
Sunday Men's Coffee
Post Civil War Ammendments
- Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post–Civil War issues. Ratification: December 6, 1865
- 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
- Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
- Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
- Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
- Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. FN 
- Comments: Emancipation vs Sovereignty
- Prohibits the denial of the right to vote based on race, color, or previous condition of servitude. Ratification: February 3, 1870
- Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
- Section 2. The Congress shall have power to enforce this article by appropriate legislation. FN 
- Comments: No Real Comments, ToDo: need more research
16th and 17th - 1913 era Ammendments
- Permits Congress to levy an income tax without apportioning it among the states or basing it on the United States Census. Ratification: February 3, 1913
- The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
Comments: Lots to talk about this.
See Court Cases.
See "D:\Documents\Law\Law_C_Drive\My Notes\JKM on the 16th ammendment and income tax.doc"