Archive for February, 2011
Attorney at Law
Plaintiffs File Court of Appeals Brief
Buffalo, NY. February 28, 2011. The plaintiffs have submitted their brief in the $4.8 billion Pork Lawsuit thay filed to end corporate subsidies in New York State.
The entire brief is online here:
Here’s an excerpt:
“It is worth noting at this point the larger issue in this case. This case is about something far more important than whether the state can continue to waste a few billion here and a few billion there on failed development efforts. This case is also about the very serious question of whether citizens can restrain governments through written constitutions. The people clearly spoke at the polls against corporate grants in 1846 and 1872 and 1967. Yet, the politicians created a regime of corporate welfare anyway and got away with it until now. If the courts, bowing to political pressure, can ‘soften’ the meaning of the constitution, even while the language stays the same, the very notion of constitutionally limited government is jeopardized.”
Oral argument will be scheduled soon.
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An Urgent Plea to Wisconsin Parents
By James Ostrowski
The fiscal crisis in Wisconsin is a great opportunity to roll back the state. I don’t mean rolling back the Wisconsin state budget. While that may be an admirable goal, it’s not likely to happen. We may see a Reaganesque reduction in the rate of increase, but flat-out reductions in the size of government, put into effect by the government itself, are rare in Western democratic countries. Rather, these governments tend to grow over time unless disturbed by an outside force.
That’s what I am talking about—an outside force called direct citizen action. Unlike democratic action, which rarely if ever leads to smaller government, direct citizen action has the potential to actually shrink the state and expand liberty.
The Wisconsin protesters have unwittingly exposed the critical target in the fight for liberty and against big government in America: the K-12 government school. The protesters have closed many of these schools so they could plead for greed at the state capitol. This presents the perfect opportunity for parents to do what deep in their hearts they know is the right thing to do for their children: pull them out of these day-time propaganda prisons. “If not now, when?” Seize this opportunity for it may not come again.
In the past few days, the curtain has been pulled back to reveal the true nature of many of the teachers to whom you entrust your precious offspring each morning. In the face of a fiscal crisis in Wisconsin, they are unwilling to give an inch and take reductions in their lavish pay and benefits. Instead, they have responded by abandoning the schools, choosing greed over education. Worse yet, they are calling in sick instead of calling in greedy. That way, they get paid and avoid the risk of termination. However, that behavior may constitute fraud! Fraud is a false statement made to induce someone to part with their money. So, many of your children’s teachers are apparently willing to commit criminal fraud to avoid teaching your children so they can lobby for the maintenance of their tax-supported greedy lifestyles in a country where millions of those who pay their salaries are themselves flat-broke.
In all seriousness, knowing what you know now, how could you in good conscience send your kids back to these dens of iniquity?
What is your alternative? At this point in the school year, homeschooling is your best option. While homeschooling is not easy, you only need to homeschool for the last third of the school year. You will then have the summer to figure out your options for next fall. That would also give private schools in Wisconsin a chance to expand their capacity to handle the expected increase in enrollment caused by this crisis.
The complete case against government schools is set forth in my book, Government Schools Are Bad for Your Kids: What You Need to Know. It’s a practical manual containing the case against the schools in a nutshell along with some practical suggestions for going private.
The point I make in chapter 9 is critical. Government schools are not only bad for your kids but for the nation as a whole. The K-12 government school is the very foundation of big government in America. The schools were designed to lay the groundwork for big government in America and they have succeeded!
Sun Tzu wrote: “What is of supreme importance in war is to attack the enemy’s strategy.” In war if you lack a strategy, your failure in that regard is immediately apparent. In politics, however, the lack of a strategy is barely noticed in all the chaos but the result is the same as in war: you lose. One critical factor in strategy is to attack the opponent at its weakest point. That’s the beauty of this strategy. Government schools are at the same time, the foundation of statism in America and its weakest link. What is that link? Your decision, which cannot be lawfully compelled, to send your children to government school.
If you consider yourself part of the Liberty Movement, stop shooting yourself and your children in the foot! Pull your kids out now. I call on Wisconsin parents to lead the way for the rest of America.
Who else to repair to at this point but Shakespeare?
There is a tide in the affairs of men.
Which, taken at the flood, leads on to fortune;
Omitted, all the voyage of their life
Is bound in shallows and in miseries.
On such a full sea are we now afloat,
And we must take the current when it serves,
Or lose our ventures.
Julius Caesar Act 4, scene 3, 218–224
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This is a draft of the plaintiffs’ brief in the NY of Appeals in the Pork Lawsuit. The final version will be published online on Wednesday. This is not final and is for discussion purposes only at this point.
The plaintiffs filed a verified complaint in Supreme Court, Albany County, on August 4, 2008. [25 (All citations are to the record on appeal unless otherwise noted.)]
The defendants filed motions to dismiss on or about September 29, 2008. [47 et seq.] Justice Michael C. Lynch dismissed the complaint on February 27, 2009.  The plaintiffs filed a notice of appeal to the Court of Appeals on April 6, 2009.  On June 30, 2009, the Court of Appeals transferred the appeal to the Appellate Division, Third Department. 
On June 24, 2010, the Appellate Division unanimously reversed the trial court and
On September 13, 2010, the Appellate Division, with the consent of the plaintiffs, granted permission to appeal to the Court of Appeals.
STATEMENT OF FACTS
Prior to 1846, the State of New York provided credit and grants to private business allegedly for economic development. When many of these projects failed, state taxpayers were left with a fiscally unstable state government and much higher taxes to pay off loan guarantees. To remedy this problem, the state constitution was amended in 1846 to ban providing credit to corporations: “The credit of the State shall not in any manner be given or loaned to or in aid of any individual, association or corporation.” Article VII, Section 9. The voters approved the amendment, 221,528 to 92,436.
As noted by the 1967 Constitutional Convention, the amendments, including a similar ban on gifts of credit by local governments:
“failed to cure the evils intended, since the State circumvented them by giving direct grants of money and property to private corporations and the localities lent railroads their credit and made direct grants of money and property to private corporations when the Legislature failed to act.
The 1867 Convention attempted to eliminate these practices as well as the fear created by the greatly increased expenditure of funds for charities of private and sectarian nature not under government control. That convention recommended restriction on state and local governments giving of credit, money or property to private corporations. (This Constitu-tion was not approved by the people.)
The 1872 Constitutional Commission recommended a proposal by which the State was prohibited from giving or loaning its money or credit, but not its property “to and in aid of any association, corporation or private undertaking “except for education and support of the blind, deaf, dumb and of juvenile delinquents and further all property held for educational purposes. (Article VIII, Section 10). Local governments were prohibited from giving money or property or loaning money or credit “to or in aid of any individual, association, or corporation”, and from owning stocks or bonds in any association, except that local governments as allowed???? to provide aid or support for its poor as the law authorized. (Article VIII, Section 10).
Accordingly, in 1874 the prohibition on subsidies was expanded to include a ban on giving the money of the state to private firms.  The voters approved the amendment 336,237 to 194,333:
Art. VIII, § 10. Neither the credit nor the money of the state shall be given or loaned to or in aid of any association, corporation, or private undertaking. This section shall not, however, prevent the legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper. Nor shall it apply to any fund or property now held, or which may hereafter be held, by the state for educational purposes.
In 1938, that clause was amended to make explicit that the credit of the state may not be provided to a public corporation and became what is now Article VII, § 8, paragraph 1 which states:
“The money of the state shall not be given or loaned to or in aid of any private corporation or association, or private undertaking; nor shall the credit of the state be given or loaned to or in aid of any individual, or public or private corporation or association, or private undertaking, but the foregoing provisions shall not apply to any fund or property now held or which may hereafter be held by the state for educational, mental health or mental retardation purposes.” 
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As a long-time supporter of Ron Paul and his election lawyer and ballot access coordinator in New York State four years ago, this post is a no-brainer but let me explain my reasons in the context of 2011.
Sorry folks, but Barack Obama is headed toward victory in 2012. None of the so-called leading GOP contenders will beat him in my opinion. Each has grave flaws that I will not delve into here and now.
Four years ago, I believed that Ron Paul was the only Republican who could win in November. Since I believed Hillary would be the nominee, I frequently described Ron as the only candidate who could beat Hillary. By the time Obama clinched the nomination, Ron was out of the race but I would have said the same thing about him beating Obama. In many ways, Obama picked up the youth vote and the theme of change that Ron had grabbed early on in his campaign before he ran into the then not very libertarian GOP primary voters.
In a nutshell, Ron Paul can beat Obama by appealing to voters on the right and the left. No other GOP candidate can do so. He upsets the ideological applecart.
As we have already seen, the GOP House is not serious about cutting spending or expanding liberty in any other way. If Obama is re-elected, Obamacare will be with us for many years. The outrageous deficit spending and the Asian land wars that are bleeding us dry will continue.
I believe that a Ron Paul candidacy is the best hope of a political solution to the present crisis in America.
I am starting a database of Ron Paul supporters to keep folks posted as to the latest news about his possible candidacy.
Please send me an email if you wish to join the list.
Here’s Ron’s gutsy CPAC speech from yesterday.
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It seems like a new batch of pro-life activists are realizing that the past 40 years of seeking a political solution to abortion has been a failure. These new, young activists are taking a page right out of Jim’s book and applying some much-needed Direct Citizen Action!
The nationwide movement comes in the wake of revelations this week and last that numerous Planned Parenthood facilities are willing to aid and abet sex traffickers by helping them obtain birth control and abortions for their underage “sex workers,” no questions asked.
The revelations were made in series of explosive undercover videos released by the pro-life organization Live Action. Investigators with Live Action had posed as a pimp and a prostitute, and videotaped their conversations with Planned Parenthood staffers.
Watch the shocking videos here.
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Posted by James Ostrowski on February 5, 2011 10:19 PM
There’s much confusion about the purpose of the Second Amendment’s right to bear arms. Critics who fail to grasp or refuse to acknowledge its purpose find it easy to cast the right to bear arms in a sinister or silly light. It’s about shooting Bambi or a politician who votes the wrong way on HR83901.
This headline from today captures the essence of why we need a right to bear arms:
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The people of Egypt have risen up in mass against the US-funded thug, thief and criminal. Today, they were attacked by the thug’s hired henchmen. They promised to stay to the death. Shame on us in America for lacking that same fortitude but can we at least make it clear that we support our brethren?
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