WITHOUT PREJUDICE Banyule City Council & councillors 5-7-2013 C/o Gina Burden Manager Governance, Information and laws 5http
://www.banyule.vic.gov.au email@example.com Fax 94991391 . . AND TO WHOM IT MAY CONCERN
Ref; 130705-G. H. Schorel-Hlavka O.W.B. Banyule City Council -Re council regionalisation- etc
10 Gina, while councillors may be attracted to the illusive additional funding from the Federal government, I view it is important to consider the strategy that the ALP (Australian Labor Party) may really be up to. 15Councillors may discover that soon their seat will be NO MORE because council amalgamations will be pursued by the Federal government by using funding as a weapon , into regional entities. What really then will happen is the States are broken up and regional entities will be existing with the federal government dictating what any regional council may do or not do. After all, no longer will funding be possible from states as they will be NO MORE. 20Therefore, existing councils will be NO MORE. Regional councils will be far and few in between, and without any legislative power or separation of powers as now exist with the States. Regional councils may in the end become the size of existing State government but without the sovereignty now existing with the States. 25The greed for power by municipal/shire council will ensure that they will become self destructive in their existence, because its dependence upon the state will be NO MORE for financial support, and the Federal Government could also stipulate that rates are unconstitutional as the High Court of Australia in 1904 in the Sydney Council v Commonwealth held that council rates were a form of land tax authorised by the States. with the State NO MORE, this tax on behalf of 30the States can no longer exist. Further, as the Commonwealth commenced to legislate for the Land Tax Office commencing 11 November 1910 (the forerunner of the ATO) then the States in any event no longer had any legislative powers to land taxes (as like the income tax), and so the councils from then on neither had any delegated land tax powers.
35Hansard 27-1-1898 Constitution Convention Debates QUOTE
Mr. BARTON (New South Wales).-If this is left as an exclusive power the laws of the states will nevertheless remain in force under clause 100. Mr. TRENWITH.-Would the states still proceed to make laws?
Mr. BARTON.-Not after this power of legislation comes into force. Their existing laws will, however, remain. If this is exclusive they can make no new laws, but the necessity of making these new laws will be all the more forced on the Commonwealth. END QUOTE
45Hansard 27-1-1898 Constitution Convention Debates 5
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QUOTE Mr. BARTON.-I was going to explain when I was interrupted that the moment the Commonwealth legislates on this subject the power will become exclusive. END QUOTE
Hansard 28-1-1898 Constitution Convention Debates QUOTE Mr. GLYNN (South Australia).-I desire to call the attention of the leader of the Convention to an apparent vagueness in the word "exclusive," to which reference has not yet been made. The word "exclusive," no matter at what time the power arises, whether on the coming into being of the Commonwealth, or the exercise of the power by the Federal Parliament, may mean, and I believe does mean, that the power of the state to legislate ceases. On the question of whether the exclusive power under this provision comes into being with the establishment of the Commonwealth, I would call the attention of the leader of the Convention to clause 84. That clause seems to indicate that this exclusive power arises the moment an Act is passed. It speaks of the exclusive power of enforcing customs duties being vested in the Federal Parliament, but the second paragraph saysBut this exclusive power shall not come into force until uniform duties of customs have been imposed by the Parliament.
It would appear that without that limitation the exclusive power would come into force at once, and the position would be as stated by the Victorian representatives. If you pass this clause as it [start page 255] stands the state could no longer legislate with regard to Chinese.
Mr. BARTON.-If the exclusive power is given without any restriction, I think it would arise immediately on the establishment of the Commonwealth. END QUOTE Hansard 30-3-1897 Constitution Convention Debates QUOTE Mr. REID: We must make it clear that the moment the Federal Parliament legislates on one of those points enumerated in clause 52, that instant the whole State law on the subject is dead . There cannot be two 30 laws, one Federal and one State, on the same subject. But that I merely mention as almost a verbal criticism, because there is no doubt, whatever that the intention of the framers was not to propose any complication of the kind. END QUOTE
35Hansard 30-3-1897 Constitution Convention Debates QUOTE The Hon. R.E. O'CONNOR (New South Wales)[3.18]: We ought to be careful not to load the commonwealth with any more duties than are absolutely necessary. Although it is quite true that this power is permissive, you will always find that if once power is given to the commonwealth to legislate 40 on a particular question, there will be continual pressure brought to bear on the commonwealth to exercise that power. The moment the commonwealth exercises the power, the states must retire from that field of legislation. END QUOTE
45Hansard 2-3-1898 Constitution Convention Debates QUOTE Mr. OCONNOR.-Directly it is exercised it becomes an exclusive power , and there is no doubt that it will be exercised. END QUOTE
As such, any State legislation and so council by-laws since 1910 are unconstitutional because the Commonwealth has exclusive legislative powers in regard of land taxes. This, irrespective it abolished land taxes in 1952, because the constitution doesn't allow for a reversal of legislative power. from the Commonwealth to the States. 55If the Federal Government were to introduce uniform (council) rates throughout the Commonwealth, then the rates would be the same irrespective if a local area needs more funding or not. One cannot expect that a farmer in say WA having large parts of wilderness will be
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allowed to pay less then a farmer having a large part of viable land for farming. As such, it may be that farmers in the Victorian grazing district may be paying less and those in WA pay more. it means that the councils in those Victorian area's will be getting less monies, through the federal government to deal with ongoing funding of services it provides. Again the States will be NO 5MORE. As such municipal/shire councils (if not already amalgamated in regional councils) will be depending upon one funding source and that is the Federal government. Those councillors whop now propose the s96 referendum to succeed may then have to turn in their graves when their descendants are deprived of equality under the claim they are made equal because they all now pay the same land rates, but just will not have the funding for the same.
Recently, I wrote to the Governor-General Quentin Bryce requesting me to be appointed as a s101 of the constitution Inter-State Commissioner, this as I view that as a CONSTITUTIONALIST I could resolve the dilemma faced by councils around Australia about funding without the need to hold any referendum to hand over authority of States/councils to the 15federal Government. This, as the Inter-State commission is to provide funding, etc, without political bias and outside the control of the Federal Government. The Mayor Wayne Phillips, and the Deputy Mayor Craig Langdon, both should be aware, as former State parliamentarians that the Commonwealth of Australia Constitution Act 1900 (UK) was specifically designed with the Inter-State Commission to deal with Trade and Commerce, 20and such further matters for which the Federal Parliament enacted legislation for. The "Road for Reconstruction" program clearly would fall within Trade and commerce powers of the Inter-State Commission. Where I appointed as a Inter-State Commissioner then I would seek expert advise as to the need of funding of every area of the Commonwealth of Australia. allocation of funding can be done to 25what is most appropriate to each area, unlike the Commonwealth of Australia Federal Government being restricted to uniform funding. This, even so it, unconstitutionally that is, pork barrel area's. The Framers of the Constitution embedded the legal principle that there can be an appeal to the High Court of Australia to any "error in law" by the Inter-State Commission. Whereas now the Commonwealth Grants Commission basically decides, with the Inter-State 30Commission the right to challenge a decision is open on an "error in law". To give an example:
QUOTE Padfield v Minister of Agriculture & Fisheries and Food (1968) AC 997 (1968) 1 ALL ER 694 House of Lords - Lord Upjohn and Lord Hodson Upjohn: - (Irrelevant consideration) Here let it be said at once, he and his advisers have obviously given a bona fide and painstaking 35 consideration to the complaints addressed to him; the question is whether the consideration was sufficient in law. END QUOTE
Meaning that anyone aggrieved because it is held the Inter-State Commission failed to take appropriate consideration of what the experts advised or that the advisors were in error to certain 40relevant details then this may entail an "error in law" and provide for a right to challenge it in the High Court of Australia. It therefore should be clear that not s96 is the solution but no more but the Inter-State Commission dealing with the powers it already was provided with. Just that since 1987 no Inter45State Commission existed, this despite that s101 makes it mandatory for it to exist by using the wording "shall be". . QUOTE Commonwealth of Australia Constitution Act 1900 (UK) 101 Inter-State Commission 50 There shall be an Inter-State Commission, with such powers of
adjudication and administration as the Parliament deems necessary
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for the execution and maintenance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder.
END QUOTE Commonwealth of Australia Constitution Act 1900 (UK) 5 You have to ask yourself, when you drive a motor vehicle do you have to go to court to obtain a court order to be permitted to look through your windscreen when driving a motor vehicle or is this part of driving as motor vehicle? The same with funding. Where the Framers of the constitution recognised that the Federal 10government was not permitted other then "uniform" laws as to avoid discrimination both for taxes and funding, etc, then they held the Inter-State commission would be authorised to fund, etc, upon the need of relevant area's without being bound to do so uniformly. While states have been participating in CoAG (Council of Australian Government) this is a 15constitutional nonsense, because the Commonwealth already represents the State in certain matters and so it cannot represent the States and at the same time act as if it doesn't represent them. It is again for the Inter-State Commission to deal with such matters, for so far the Federal Parliament provides such additional powers required besides what is constitutionally permitted by s101 already. 20 While there is obviously a question as to if the Governor-General will observe the requirement of the constitution (so far ignored as to s101 Inter-State Commission) in my view ALGA (Australian Local Government Association) ought to do better to seek my appointment rather then a wasteful $50 million plus referendum to amend s96 and cause councils likely to be 25amalgamated into regional councils, under the dictatorship of the Federal Government. Why indeed did ALGA not pursue the obvious s101 Inter-State Commission as to protect the independence of municipal/shire councils I may ask? As I have stated for long, and so also published widely in my books in the INSPECTOR-RIKATI® series on certain constitutional and other legal issues that we need to have a VELVET REVOLUTION to reclaim our 30constitutional and other legal rights. Councillors therefore ought to demand from ALGA that it explores the s101` Inter-State Commission option instead of the s96 costly referendum, so that the risk of losing certain independence is avoided. This kind of VELVET REVOLUTION to reclaim what is constitutionally appropriate is in my view the best way forwards. 35 Obviously I expect that any fair dinkum Australians would not hesitate to seek the GovernorGeneral to appoint me as a Inter-State Commissioner, and to pursue Members of Parliament, and any candidate of would be candidate for the coming federal election, to support this also, as after all constitutionally there "shall be" an Inter-State Commission, and therefore is it constitutionally 40required. . Hansard 1-3-1898 Constitution Convention Debates QUOTE 45 Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power? Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry. As regards a law passed by a state, every
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man in the Federal Parliament will be a sentry, and the whole constituency behind the Federal Parliament will be a sentry. END QUOTE 5Isn't it great to be s sentry of the constitution and all you need to do is just to pursue the proper application of the constitution. I will now quote an article that was published about abolishing States and amalgamating municipal/shire councils in regional councils. 10http://www.alor.org/Library/Labor-Socialist%20Strategy%20for%20Destroying%20Local%20& %20State%20Governments.htm QUOTE
THE LABOR-SOCIALIST STRATEGY FOR DESTROYING THE STATES AND LOCAL GOVERNMENT
15 "No method of procedure has ever been devised by which liberty could be divorced from selfgovernment. No plan of centralisation has ever been adopted which did not result in bureaucracy, tyranny, inflexibility, reaction arid decline Unless bureaucracy is constantly resisted it breaks down representative government, and overwhelms democracy. It is the one element in our institutions that sets up the pretence of having authority over everybody, and 20 being responsible to nobody" - - President Calvin Coolidge of the United States in 1926.
"The Leader", Longreach,(Queensland) of July 6, 1973, carried the headline:
"REGIONAL COUNCILS WILL SUPERSEDE STATE GOVERNMENTS" The report underneath quoted at length the comments of the Queensland Labor Party's shadow 25Minister for Local Government, Mr. Ted Baldwin, at the annual conference of the Western Queensland Local Government Association. Mr. Baldwin said that the establishment of Regional Councils would result in the States being "phased out". He said that "State Governments are a luxury which Australia can no longer afford".Mr. Baldwin's statements were a frank outline of the Whitlam Government's strategy of 30by-passing the Federal Constitution and destroying the States by the creation of Regional Councils financially subservient to the Canberra bureaucracy. At the 1973 Premiers Conference, Prime Minister Whitlam used the Commonwealth's financial monopoly to deny the States the money they were entitled to receive, informing the Premiers quite frankly that he was withholding this money in order to use it to take over areas which were traditionally State 35responsibilities. The essence of Socialism is centralisation of all power. The Communists proclaim Socialism as the first necessary step for the creation of the Communist State. As a Labor Party candidate for Parliament, Mr. Whitlam, like his colleagues, was required to sign the pledge to "support and advocate at all times the party's objective-the socialisation of industry, production, distribution 40and "exchange". "The Sydney Morning Herald" of July 26, 1972, quotes Mr. Whitlam as having said that "It would be intolerable if a Labor Government were to use the alibi of the Constitution to excuse failure to achieve its socialist objective- doubly intolerable because it is just not true that it need be."
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Mr. Whitlam is a member of the Fabian Socialist Society, a movement which since the days of its pioneers, the Webbs, George Bernard Shaw and others, has preached that the Marxist objective of the Socialist State can best be reached along a road of gradualism. Mr. Whitlam and his fellow Fabian Socialists are well aware of how most direct assaults on the Federal 5Constitution-Dr. Evatt's 1944, 1946, and 1948 referenda, and Bank Nationalisation-were failures. A strategy had to be devised for by-passing the Constitution, of eventually making it appear irrelevant. "Regionalisation" is one of those concepts which has an attraction if only looked at superficially. It enables a programme of gradual centralism to be fostered under the guise of decentralisation. And it shrewdly seeks to exploit the desperate financial situation of Municipal 10Government, increasingly burdened with both debt and inflation. ". It was following the defeat of Dr. Evatt's 1944 Powers Referendum that the Fabian-Socialists started to turn to regionalisation as a major strategy for by-passing the Federal Constitution and eroding the powers of the States. The great Lord Acton, famous for his axiom that all power tends to corrupt, and that absolute power corrupts absolutely, also observed that"Few discoveries 15are more irritating than those which expose the pedigrec of ideas." The pedigree of the Whitlam Government's regionalisation strategy goes back to the days when Dr. H. C. Coombs, a long-time Fabian Socialist, a product of the notorious London School of Economics, was Director of the Commonwealth Department of Post-War Reconstruction. In 1949, just prior to the change of Government at Canberra, when the Menzies-Fadden 20Government replaced the Labor Government, the Department of Post-War Reconstruction issued a publication, "Regional Planning in Australia-a history of Progress and Review of Regional Planning activities throughout the Commonwealth". These and similar publications, some never publicly circulated, provide the blue-print for current Labor-Socialist strategy, which aims at replacing Local Government with centrally-controlled Regional Governments-in reality, 25Departments of the Commonwealth Government - and then vesting such regional bodies with responsibilities currently belonging to the States. One of the Whitlam Government's first steps towards implementing its regionalisation strategy, was to establish the Department of Urban and Regional Affairs. This rapidly expanding addition to the Canberra bureaucracy is staffed with over-paid bureaucrats directed by Socialist planners. 30Then came the first piece of major legislation to advance the, Whitlam strategy, the Commonwealth Grants Bill. Under its provisions financial grants cant be made direct to Local Government, by-passing the State Governments, whose traditional responsibility it is to act in this field. In order to qualify for such grants, Local Governments will have to combine into regional bodies, with Canberra-appointed nominees to insist that the regional bodies implement 35the policies laid down by the Department of Urban and Regional Affairs. These Regional Councils cannot be genuine representative bodies, but mere departmental outposts of Big Brother at Canberra. These regional bodies have, of course, a seductive appeal about them. Central Regional Councils, for example, will be 40spending agents for such large sums of money provided by Canberra, that it is inevitable that it will be argued that those on these Councils will have to be paid. This will undermine the present concept of Local Government representatives of the rate-payers giving service without the expectation of monetary reward. Although The Australian League of Rights had warned before the 1972 Federal Elections about 45the Whitlam regionalisation strategy for exploiting the serious financial plight of Local Government, the Liberal-Country Party Coalition did nothing effective. Hard-pressed rate5
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payers, groaning under increasing rates, much of them going merely to service debt, and their Local Government representatives, were naturally attracted by what appeared to be a genuine Labor Party policy for assisting Local Government. They saw the pleasant looking bait, but not the deadly hook it concealed. Back in 1970, when he opened the Annual Conference of 5the Local Government Association of New South Wales, Mr. Whitlam revealed the long-term Fabian-Socialist strategy, although masking it in classic double-talk. He said: ". . . It is my firm conviction that the decentralisation of power will be effected in the country NOT BY SHORING UP INDEFINITELY THE EXISTING STATES, WITH THEIR IRRELEVANT AND INEFFECTUAL BOUNDARIES, but by providing local authorities with 10the means and incentives to freely associate one with another on the basis of shared urban and regional interests . . ." (Emphasis added.) So far from being a supporter of decentralisation, Mr. Whitlam made it clear to his colleagues at the 1973 Labor Conference at Surfers Paradise that he had always been an "avowed centralist" and a unificationist. But for tactical reasons Mr. Whitlam blatantly claimed on September 6, 151973, at the Constitutional Convention in Sydney that he was not a centralist. He said: "Since the change of Government last December, there has been a tendency to depict the Australian Labor Party as centralist by doctrine and me personally as centralist by ambition. The truth is that the A.L.P. has moved away from centralism and I have been primarily responsible for that chang. in direction." Following this demonstration of how to call black white, Mr. Whitlam provided 20another example of the technique of double-talk with his claim that his Government's policy on Local Government was not centralism, but regionalism. It is, I believe, constructive contemporary federalism. Genuine Federalism is impossible while Canberra uses its monopoly of financial policy, this being strengthened every day with increasing debt and inflation, to impose its will upon the States and 25Local Government. The history of events which has provided the Whitlam Government to advance its centralist strategy is one of compromise on principles. With the loss of their taxing powers, the States were forced to depend almost exclusively on the Federal Government for most of their revenue. The use of Section 96, which allows the Federal Government to stipulate how such monies shall be 30spent, set a dangerous precedent never envisaged at the creation of Federation, under which the States could raise their own taxes. The Liberal-Country Party Coalition, elected in 1949 with one of its policies the strengthening of the Federal system, used Section 96 almost to triple the use of "tied grants". In this way the Commonwealth was able to intrude into a number of spheres where it had no constitutional right. And the 35financial plight of Local Government progressively deteriorated. While Commonwealth (debtedness has actually been reduced since the end of the Second World War, between 1946-47 and 1969-70 State Government debts were multiplied four and a half times, semigovernment debts fourteen times and Local Government debts ten and a half times. 40Continuing their long policy of compromise, the Liberal and Country Party Opposition refused to oppose the Fabian-Socialists' Commonwealth Grants Bill either in the House of Representatives or in the Senate. Members and Senators who warned of the strategy to destroy Local Government were pressured to vote for it. Some, like Mr. J. Corbett, Country Party Member from Queensland actually believes that the Socialists are promoting decentralisation! In a letter dated September 4510, 1973, Mr. Corbett said that "the Opposition accepts the principle of regional development in
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conjunction with the States". Other Opposition Members felt that it would be "politically unpopular" to oppose the legislation. The Socialist drive to create the centrally-planned State in Australia cannot be halted as long as there is no challenge to the clever Fabian tactic of bribing desperate taxpayers and ratepayers 5WITH THEIR OWN MONEY. The death bell is already tolling for Local Government and the States in Australia. The Monopoly State is in process of being established. No smooth double-talk can alter the realities of centralised power. The more centralized and further from the people Government becomes, the more difficult it is for electors to exercise any 10influence. Bureaucratic dictatorship and corruption are the inevitable result of highly centralized Government. These fundamental truths were understood by the creators of the Australian Federation, who insisted that so far from wishing to see the States destroyed, they should be added to with new States as development took place. Sir Henry Parkes, known as "The Father of Federation", was a strong supporter of Local Government, stressing that the cure for poor local 15administration and abuses was an enlargement of the duties and responsibilities of local authorities. Australians who really appreciate the importance of freedom should note that Hitler's National Socialist dictatorship required the abolition of the German Monarchy, the destruction of the 20States, the Senate and the Constitution, and the use of centralised financial power to direct the German economy, even where its operations were left in private hands, to serve the purposes of Hitler and his central planners. The National Socialists came to power in the wake of a disastrous inflation which ruined the German middle class, the smaller and medium-sized business organisations, generated destructive social tensions, with a desperate 25people convinced that only Big Government could save them from complete collapse. There is a chilling parallel between the German road to National Socialism and the road at present being travelled by an Australia under the direction of Fabian Socialist Whitlam and his colleagues. The chief speaker at the Fabian International Bureau's Conference on March 15, 301942, made the revealing comment that ". . . there is not much difference between the basic economic techniques of Socialism and Nazism." Australians who want to avoid the disaster of a National Socialist Australia must face the truth that they must become involved in a grass-roots movement directed against all policies to 35centralise any further power at Canberra, and to press for the implementation of policies which will start to decentralise power. The starting place is Municipal Government which, with all its faults, is still the healthiest tier of government, having been less polluted by party politics than its larger counterparts, and the general motive amongst Councillors and Aldermen being still one of service rather than power. Local Government must be encouraged by ratepayers to resist selling 40the soul of local control for a mess of economic pottage offered by Canberra. Local Government representatives must be instructed by ratepayers to expose the real meaning of Regionalisation. If the members of Local Government really wish to preserve it, they should in turn be informing their local communities of the revolutionary significance of the Fabian45Socialist strategy. Electors must also urge their State Members of Parliament to take positive steps to resist the power-men at Canberra. The States can fight at constitutional level for Local Government autonomy. State leaders taking the initiative to defeat the Fabian-Socialist strategy should be given every possible backing. The States are still in the position where, if they evolved a programme for
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ensuring that the States and Municipal Government had sufficient financial revenue, AS A RIGHT, they could spearhead a successful campaign against the centralisers. Where there is a will a way can be found. 5And, finally, .the Senate, created originally as a State House of Review, a custodian of the Federal Constitution, must be restored to its original role. As Labor-Socialists are pledged to the destruction of the Senate, a feature of the drive towards the National Socialist State, electors must ensure that they and their philosophical brothers, the Communists, are put last at Senate Elections. Electors should vote only for candidates pledged to oppose all policies designed to 10weaken the Federal system. It is highly desirable that the Senate be elevated to a higher plane by freeing it from the corrupting influence of party politics. The Senators should represent their States, not be rubber stamps for parties, as was demonstrated when the Senate passed the Grants Bill. A reformed Senate would be a major step towards 15defeating the threat of National Socialism in Australia. But electors must bear in mind that all this, and more, requires will and faith. Freedom is never free - it can only be preserved by vigilance and at times sacrifice. Are there enough Australians who care sufficiently to meet the challenge? If the Fabian-Socialist strategy for Australia is to be 20defeated, an affirmative answer must be given in the near future. "Democracies will seek to establish a Federal system of Government. You (the Communists) must fight against this because only by complete concentration of power in a unitary system can you hope to achieve control of Germany." - - Karl Marx addressing the German Communists, 1848 25 First published in The New Times March 1974.... Important DVDs: “Spirit of Australia’s Constitution and History” Set of 5 DVDs by Dr. David Mitchell $40.00 plus $2.00 postage. "Your Council The Target" by Beavan O'Regan $10.00 plus $2.00 postage 30 From Heritage Books, P.O. Box 27 Happy Valley 5159 END QUOTE As for those who may view the centralisation like that in the USA may do better to consider the 35following article included in my email; QUOTE
MY FURTHER RESPONSE -Re: For your consideration - The Case for Independence
Fri, 5 July 2013 at 23.35 40From
Mr Gerrit H. Schorel-Hlavka O.W.B. Jim
Jim, the sentiments, concern, dissolution, etc, you express are to me common from numerous 45people. As one man during a council election once gave me the understanding that he would like
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to go up to the, local council with a gun and just kill them all. he had apparently an issue with the then mayor in particular. As I have stated for years, we need a VELVET REVOLUTION as to reclaim our constitutional and other legal rights embedded in the constitution. 5You asked me in the past how I may contemplate a VELVET REVOLUTION and I view that I am showing you the light by commencing with the issue of the Inter-State Commission. . I view that if I were to be successful to be appointed as Inter-State Commissioner then I could be the example to prove it can be achieved in a peaceful manner and without political bias to the 10advancement of all. This then will encourage others to pursue likewise a return to our constitutional and so democratic rights. . We will by this place on notice politicians and judicial officers a like that they must conform with what is constitutionally permissible or face the legal consequences; 15. Hansard 1-3-1898 Constitution Convention Debates QUOTE Sir JOHN DOWNER.I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond the substance of the legislation, but beyond the form of the legislation, of the 20different colonies, and say that there shall be embedded in the Constitution the righteous principle that the Ministers of the Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as any private person would be. END QUOTE . 25No one can expect it all to be done overnight but they certainly can now commence to support my quest in seeking to reclaim our constitutional and other legal rights. Those who place party politics above their constitution cannot be deemed to be a " sentry" of the constitution as they have squandered their rights as such. They must accept that the ultimate governing rule of law is and remains to be the constitution, the will of the people, as may be 30amended from time to time. . I have no doubt that we can and should and must succeed because we are but temporary protectors of the constitution and must be vigilant to provide the constitutional rights and entitlements for our descendants as we had to benefit of those before us. 35. Again, what you express is but a ongoing repeat of expressions of the many during my years dealing with people, including since 1982 my special lifeline under the motto MAY JUSTICE ALWAYS PREVAIL®. . 40I am so to say showing you the light at the end of the dark tunnel and now it is for you and others to grab the opportunity and so support my quest to reclaim our constitutional and other legal rights. We need to do so carefully, step by step as to overreact may only result in uncalled conflicts and disaster. We can not fail nor consider to fail, but we would be no better then those we criticize if we 45disregard to act appropriately. I for one look forwards to your and everyone else interested to reclaim our constitutional and other legal rights to support my request for the appointment as Inter-State Commissioner. The benefit is that no one has this position since 1987, this even so it is constitutional compulsory requirement to have a Inter-State Commission.
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Hence, any political party that were so to say now desire to put one of their mates into that position clearly would do so for no other reason but to rob the general public of their right to have a Inter-State Commissioner who is competent to what is constitutionally required and who doesn't sell himself out to any political party but will remain non-political in decision making. 5I urge you also to consider the articles I published at www.scrib.com/inspectorrikati, such as http://www.scribd.com/doc/151298801/130702-Mr-G-H-Schorel-HlavkaO-W-B-to-Q-a-Bryce-G-G-Re-Appointment-Inter-State-Commissioner As a CONSTITUTIONALIST, I urge you to read my statement at scribd.com/doc/ 151681457/130704-Re-Referendum-to-Amend-s96 10One we succeed to get back on track as to what is required then we can commence to address other issues . Gerrit Constitutionalist & Consultant MAY JUSTICE ALWAYS PREVAIL® 15Mr. G. H. Schorel-Hlavka O.W.B., GUARDIAN (OFFICE-OF-THE-GUARDIAN) 107 Graham Road, Viewbank, 3084, Victoria, Australia Ph (International) 61394577209 . 20Email; firstname.lastname@example.org The content of this email and any attachments are provided WITHOUT PREJUDICE, unless specifically otherwise stated. If you find any typing/grammatical errors then I know you read it, all you now need to do is to consider the content 25appropriately! A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING CONCERNED TO BE LABELLED A FOOL.
From: Jim <email@example.com> 30To: Sent: Friday, 5 July 2013 9:46 PM Subject: Re: For your consideration - The Case for Independence
Gerrit, 35Someone once said that government is a necessary evil but the onus has always been upon the people to be vigilant and hold their government accountable. One of the major problems of applying accountability is that there is insufficient powers granted to the people in both the US and Australian constitutions. The electoral system is supposed to be one of the methods of government accountability and 40safeguards against government corruption. Both US and Australian governments have gradually subverted the electoral system through unconstitutional laws, policies and fraudulent practices. There are no constitutional provisions to screen and test the characters, qualifications and suitability of the candidates who run for political office. There are no constitutional provisions requiring individual MPs and the government to enter into 45constitutional public employment contracts with the people to enable more effective accountability and regular performance reviews by the people. Further there are no constitutional provisions legally binding the government to abide by its pre-election and post-election promises, policies and laws under penalty of immediate dissolution of government, new elections within three months, and termination of all MPs parliamentary seats, with subsequent prohibition 50against all terminated MPs ever campaigning for and holding a parliamentary seat for the remainder of their lives.
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Of course there is the judicature, the rule of law and due process but all of those rely upon the supposedly independent judicature to uphold and enforce. However when the judicature itself becomes increasingly corrupt, unjust and unreliable, the primary safeguard against unrestrained government power and corruption is severely compromised. Most people who try to sue 5individual government ministers, judges, senior bureuacrats or the government itself more often than not fail, because the corrupt and biased judicature along with corrupt and unscrupulous government lawyers, protect the corrupt political system and those who work within it. I am unaware of any specific provisions or powers in the Australian constitution that grants the ordinary people the right and power to lawfully override or bypass a corrupt government, 10judicature and electoral system, and form a type of constitutional common law court presided over by three elected special justices of the peace, and a grand jury in order to indict and prosecute either individual government ministers, judges or the government itself. Try getting the corrupt Australian Federal Police, Sheriff's Office or even ASIO to investigate and arrest any member of the government or judicature for breaches of constitutional law and/or 15the people's constitutional, civil, human and legal rights and liberties. These government funded entities will simply deny or ignore allegations that have merit and supporting evidence. But if the Australian constitution had specific provisions enabling a constitutional common law court to choose its own independent Sheriff, and Sheriff deputies with the power to arrest, convict and imprison guilty police, judges and government members, that would be true accountability by the 20common people. In my view the so-called checks and balances against government and judicial corruption and abuse and misuse of power, are wholly inadequate leaving the people with no practical constitutional or lawful remedies, aside from violence and revolution which of course are an undesirable last option. 25Jim ----- Original Message ----From: G. H. Schorel-Hlavka O.W.B. To: firstname.lastname@example.org Sent: Friday, July 05, 2013 7:30 PM 30Subject: For your consideration [AMOJ_MAIN] The Case for Independence I provide you with this email for your consideration as to the INDEPENDENCE now sought in the USA . What we find is that the dragon has been let loose against their own. 35This too we can expect from the Australian Federal Government interfering in other nations management wanting to dictate how they have to live. We need to keep the all mighty Federal Government at bay and not to overtake our state and municipal/councils as well as explore additional powers all over the word under the excuse of WAR AGAINST TERROR, merely as to portray some warlike conditions to invoke war like 40conditions against Australians. The terrorist is within, we just may not seem to realize this. Gerrit Mr G. H. Schorel-Hlavka O.W.B. MAY JUSTICE ALWAYS PREVAIL? 45107 Graham Road, Viewbank 3084 Victoria, Australia Blog (constitutional issues) http://www.scribd.com/inspectorrikati . 50Website: http://www.schorel-hlavka.com/
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The content of this email and any attachments are provided WITHOUT PREJUDICE, unless specifically otherwise stated. If you find any typing/grammatical errors then I know you read it, all you now need to do is to consider the content appropriately! 5A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING CONCERNED TO BE LABELLED A FOOL. -----Original Message----From: Sent: Thursday, July 4, 2013 03:17 PM 10Subject: The Case for Independence "American government is much worse for American liberty than the British empire was, to an almost obscene degree."
The Case for Independence
by Anthony Gregory 15July 3, 2013 On July 4th some Americans celebrate the rejection of empire. Politicians more likely see it as the US government's birthday. Libertarians must decide which legacy the day truly commemorates, and celebrate or mourn appropriately. 20 If this is a day to remember liberation, disunion, the idea that a house divided might be more civil, peaceful and secure than one kept together by force -- if we are to focus on the subversion of Jefferson's Declaration of Independence more than its inconsistencies -- we should consider the benefits of reclaiming and radicalizing the spirit of 1776 and 25applying its principles to the present day. We should contemplate the possibility that what Americans and foreigners need is independence from the empire. The American colonists had been particularly irked by the British government's hypocrisy regarding the liberal tradition. The British prided themselves on having a 30liberal and enlightened political culture, complete with checks and balances, due process and the like. But they did not grant such privileges and immunities to their colonial subjects. They preached freedom and toleration but practiced international despotism. Edmund Burke, one of the most consistent proponents of liberty in Britain, decried this colonial hypocrisy as an enormous scandal. 35 Today, the US empire is everything the British empire was: It claims the banner of constitutional justice at home, it feigns interest in freedom abroad, it poses as the embodiment of liberty itself. But it treats those in its clutches, especially those in its remote grasp, as dispensable means to an imperial end. It slaughters civilians with no 40regard for the number. It enforces martial law in its exploits abroad. It is the champion and vindicator, not of foreign liberty, but of theocracies and socialist states everywhere. In the course of its reign, it has laid waste to millions of lives. Barack Obama is a far greater tyrant than King George ever was. He claims the right to 45seize anyone in all the world -- his designated battlefield in the war on terror -- and deprive him of liberty or life without anything approaching due process. He asserts the right to kill anyone he deems a terrorist on his own discretion. Under modern presidents, the US has become just what John Quincy Adams warned it might: The Dictatress of the World. 50
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The world's people deserve their independence. Perhaps it would be fitting to start with the British. Liberate them from the post-9/11 foreign policy that only a minority of them approve. Wartime coalitions without representation are tyranny! They should be the first satellite freed, as a poetic gesture of honest friendship. The Brits didn't release America 5without a fight, but perhaps they can be let go in peace. Of course, Afghanistan must be freed immediately, as should all those living in regions terrorized by US intervention -- Pakistan, Syria, Iraq, and all the rest. Is it not an embarrassment for Americans to celebrate the day with fireworks and barbecues yet 10think nothing of the perversity of it all, given what is happening in the Muslim world? US interference with Middle Eastern independence has been nothing but a repudiation of July-4th principles, at least since 1953 when the CIA overthrew Iranian democracy and installed a torturing inflationist monster. The US support, betrayals and overthrows of Arab and Muslim regimes have typically been incoherent, contradictory, and nakedly 15unjust. Such intervention has not protected but has rather endangered American lives and freedoms. The entangling alliance between the United States and Israel, which compromises the safety of both populations, must also end. Then there are the other imperial holdings. There's Old Europe, which should stop being 20bullied every time they don't want to go to war for America. Just because Americans were dragged into World War II doesn't mean the French should be dragged into the next installment, with presumed allegiance to Old Glory until the end of time. Bring GI Joe home from Germany, where he has absurdly been stationed for six decades, presumably in wait for Hitler's resurrection, or the threats presented by the Soviet Union, 25always an economic invalid and now nearly two-decades defunct. Then there's New Europe, which should be freed from undue US government influence. Stop bribing their leaders and see how loyal their people really are to the neocon-neolib enterprise. It is high time the US stop playing elections to its advantage. 30 In Japan and Korea, American troops have long been the cause of much agitation and no visible good. Bring them home. Mao has long been dead, so it's time the US government stopped pretending it's all that's keeping imaginary dominoes from falling all over Asia. Free trade with Asians would be good as well. Much of the original US 35imperial interest in Asia was commercial in nature, although now America's protectionists fear Asia becoming capitalist and rich. It?s clear, however, that trade benefits both sides to the transaction, and empire only gets in the way. Latin Americans' self-determination declines whenever the US reinterprets the arrogant 40Monroe doctrine to award itself the keys to the capital city of yet another Spanishspeaking nation. Policy in the region has been brazenly colonial at least since the US imposed the Platt Amendment on the Cubans and stole Guantanamo Bay. The US should stop pretending it has always owned the Western Hemisphere, stop poisoning crops, stop staging coups and stop strong-arming Mexico and other countries into 45maintaining a draconian drug war. US meddling in Africa also tends toward disaster, as Libya, Somalia and Sudan have shown. Extend to the African peoples total free trade and friendship, which is the best America can do to help them join the developing world. We should resist the 50internationalist temptation to redeploy into the continent with humanitarian bombs and
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altruistic bellicosity, as if in anticipation of a Joseph Conrad novel with a happy ending. Australia, Canada (and every other country) should also get their independence, at last, from the US. No more global regulatory arm-twisting, manipulative foreign aid, threats or 5empty promises. As for the American people, we should consider independence, too. For starters, half our income is taxed away and we have the biggest prison population on the planet. American government is much worse for American liberty than the British empire was, 10to an almost obscene degree. Open up Common Sense and notice the radical insights about being governed from afar. There is simply no sense or justice in the same central state ruling everybody from Hawaii to Virginia, from Arizona to Vermont. The American Republic was a half-decent 15experiment, as far as such political experiments go, but it didn't guarantee liberty even when the American population was 2% the size it is today. American freedom and international peace will always be a mirage so long as the beast in Washington, DC, lords it over everyone on earth. There have always been Americans 20who saw no limits to the US government's power, but let us once and for all tell these Hamiltonians and Wilsonians that we are sick of their crazed expansions and invasions and want some peace and freedom for a change. Americans make particularly terrible imperialists. We are a people who prefer privacy 25and liberty in our own lives. We are a people with independence and rebellion in our national heritage. Ours is thus an even more hypocritical empire than that of the British. It's long past time Americans stopped trampling across the globe as conquerors. As long as we pursue such conquests, we ourselves will remain conquered, shackled by our own chains. Edmund Burke's rebuke of his nation's imperial policy and his defense 30of American independence apply today as never before. Our government, the biggest in human history, is the greatest threat to our freedom, drain on our wealth, and fomenter of international conflict. We cannot keep empire if we want liberty. We cannot be free if we seek to boss all of mankind around. To have the 35freedom that Jefferson described, we must let go of our foreign satellites and allow our compatriots and international brothers and sisters the freedom we want for ourselves. Is such independence possible? Absolutely. Empires crumble. In 1775, few thought the Americans would soon be their own nation. The British empire suffered from 40pretensions to eternal life. The US empire may in some ways be unique, but it is no more permanent than any other. In stark contrast, the principles of human nature declared to the world from a small Philadelphia gathering 237 years ago were true then, before the US empire was born, and will remain true long after the US empire collapses. 45 http://libertarianstandard.com/2013/07/03/the-case-for-independence/ END QUOTE
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As always, complaining afterwards isn't going to resolve problems already incurred. time to take action is now. It is your democratic right until you have no more because of your own lack of action when needed. We need an effective Inter-State Commission that is without political influence as was all 5along intended by the Framers of the Constitution and now you have the choice to blatantly disregard your obligations as a "sentry" or to join me to retake what is constitutionally ours! Awaiting your response, 10 G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)
MAY JUSTICE ALWAYS PREVAIL
name is our motto!)
I am the power of one, but supported by the many!
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