Judge Rules Administrative Court System Illegal After 81 Years

[M.E.G.]

http://armstrongeconomics.com/archives/33280

 

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[Jim in Idaho]

Thanks, M.E.G. Sometimes I read something that makes me think all hope isn't lost. That piece will make my day brighter.
Jim

 

[goldenIrishman]

I agree with Jim! Makes me feel that the end of all the bovine science may be right around the corner. The people are about fed up with being trampled on by those in power and if they're not careful we may see the second American revolution in our lifetime.

 

[Medina Joe]

M.E.G, I read martin everyday. When the government locked him up for 6 years.This man was never charged. Goldman Sachs took all his money. All over his computer he built.

 

[kayakpat]

why is this article about the new deal programs, like social security, and it also points to the SEC agency, the agency that polices inside trading by wall street, or the FDIC which protects your checking and savings account from bank keeping your money, plus many other ordinary citizens protections etc why would you cheer this anyway? Although to me and others social security is a treasure I don't know why this is related .

 

[B H Prospector]

why is this article about the new deal programs, like social security, and it also points to the SEC agency, the agency that polices inside trading by wall street, or the FDIC which protects your checking and savings account from bank keeping your money, plus many other ordinary citizens protections etc why would you cheer this anyway? Although to me and others social security is a treasure I don't know why this is related .

Once again you show you are a product of liberal education with no knowledge of history. This is relevant for this reason. It now means that the EPA, BLM, USFS, and all the other federal agencies that are running amuck with power hungry agendas or the president can no longer ignore the constitution and make up rules and act like they are the law. It recertifies what the constitution says, that only congress can make the laws.

Next the only part of the new deal that was ever meant to survive the Great Depression was social security, which wasn't a total socialist idea because the individual was to pay for it through their paycheck with SSI taxes. Then in the 1960's during LBJ's big socialist programs that needed funding, the free spending Democrat controlled congress eyed the Social Security Fund, which was in it's own account, as a huge cash cow to fund these programs and moved the social security fund into the governments general fund so it could be spend as congress wanted. That is the sole reason social security is bankrupt now. It supported itself for 30+ years until then and it took less than 20 years for it to hit the skids.

Yes the SEC and FDIC are there to protect the little guy but that is the gist of the article. They don't. They actually prey on the little guy. They are power hungry and corrupt. I think you need to reread the article. It explains very clearly why they were declared illegal.

 

[Clay Diggins]

One Judges ruling does not set precedent. We will see where this goes but for now the only one affected by the ruling are the parties to the lawsuit - the SEC and Charles Hill. The agencies can, and will, ignore this ruling.

Time will tell.

Heavy Pans

 

[kayakpat]

sorry BH you need to study some more, Social security is socialist program along with medicare, unemployment, workers comp, plus many many other things in your life including PUBLIC lands. It was Ron Reagan who first taped into the SS fund and also raise it's tax and the age for retirement. He also made the public recorded record in 1964 opposing medicare as a communist program. I do not think you even understand the FDIC and importance to everybody, nor the SEC which is just the people who watch for inside trading and people stealing your investments by different scams, Not to mention the dozens of programs that created a middle class of the 40's ,50's, and 60's and the stability. these are just facts that affect everyones lives, since 1980's they have been dismantling the new deals programs and their effects, which is why the middle class is disappearing, read about life before the Roosevelts, both Teddy and FDR, that is where we are heading. Congress makes the laws and appoints agencies to manage things very Constitutional and legal.

 

[Clay Diggins]

Martin Armstrong a believer in traditional Austrian economics and sound money writes an article about the hints of the death of presidential government by regulation.

kayakpat an obvious believer in Keynesian economics, paper credit "money" Monetarism and presidential government disagrees.

This has been going on since 1913 - nothing new and nothing learned on either side. This will not be settled here.

My question is - What the ---- does this have to do with gold prospecting?

 

[M.E.G.]

It has nothing to do with gold prospecting.

It has to do with challenging the actual validity of IBLA ALJ's power to make decisions about what you claim, or to take that from you.

In other words, whether a proceeding against a miner is unconstitutional because the appointment of the administrative law judge presiding over the case violated the appointments clause of Article II of the Constitution. Also, whether the administrative court is proper at all.

 

[Clay Diggins]

It has nothing to do with gold prospecting.

It has to do with challenging the actual validity of IBLA ALJ's power to make decisions about what you claim, or to take that from you.

In other words, whether a proceeding against a miner is unconstitutional because the appointment of the administrative law judge presiding over the case violated the appointments clause of Article II of the Constitution. Also, whether the administrative court is proper at all.

You can't challenge any administrative decision because of this ruling. As I already pointed out there has been no precedent set that can be used in another case - IBLA or otherwise. You can however challenge those administrative decisions in a real court - which is the basis for the Supreme Court finding these tribunals legal. Their theory is that they are not unlawful because you can eventually get justice if you just have enough money time and knowledge.

I understand the import of what the judge ruled but you are getting your hopes up over a non-event. I hate the concept of administrative courts. They are contrary to the rule of law and fundamental justice. I hope we can eliminate that system soon. My feelings on this don't really matter because this ruling changed nothing.

If there is an appeal on the ruling (there probably will be) the Judge is going to be reminded that the Supreme Court has ruled several times that they are wrong. There is already established precedence on this subject and none of it bodes well for a change of administrative "court" overreach.

If you want to inform people on the issue of of administrative overreach please do. It's a valid subject. This is more like showing a two year old a barber pole and telling them it's a candy cane. Education and real information is what miners need - not drama or false promises. Miners can think and make decisions for themselves if they are given enough information.

If readers here would like a better understanding of the legal basis presented by the Supreme Court for these administrative tribunals please study Yakus v. United States 321 U.S. 414 (1944) AND Whitman v. American Trucking Ass'ns, Inc. 531 U.S. 457 (2001). You can bet the judge that made this ruling has been studying those cases full time - judges hate being told they are wrong.

What this all comes down to IMO is a lazy out of control elected Congress (voters fault) giving away their delegated powers to presidential agencies who then set up fake courts that answer to no one (voters fault again). The solution to that problem is entirely political - educate the people about the issues so they can throw the incumbents out and make the new representatives follow the spirit of the Union and repeal the prior laws creating this mess.

I agree none of that has anything to do with gold prospecting.

Heavy Pans

 

[Tnmountains]

Sorry this is more political than Gold laws and can be applied to many aspects of American freedoms.

Thread is locked with a warning.

B.H Prospector: You will not talk down to other members by classifying them according to your view of education.

 

[Treasure_Hunter]

Every member in this thread knows TN's rules on politics.

No politics not directly related to treasure hunting allowed except in our politics forum.