Friday, February 24, 2017

Injurious Statutes, Court Rulings, and Orders That Must Be Set Aside, Repealed, or Amended

Thesee could be the 28 most important laws from the last century or so that need doing away with, etc.  The list still needs some work.  

(Ways To Cheapen Human Life - original title; might not keep it.)

Injurious Statutes, Court Rulings, and Orders That Must Be Set Aside, Repealed, or Amended

1. The Senate Filibuster Rule (Rule XXII) “gives a minority of 41 Senators . ... . the power to prevent the Senate from debating or voting on a bill or resolution, or a Presidential appointment.  A “filibuster” is the use of unlimited debate not to inform or persuade, but to obstruct the proceedings of a legislative body ”. Emmet J. Bondurant in his article THE SENATE FILIBUSTER RULE clearly shows that the filibuster is unconstitutional. Also, the filibuster rule has been used to commit fraud on numerous occasions.

2. The Authorization for Use of Military Force Against Terrorists (Pub. L. 107-40, 115 Stat. 224, enacted September 18, 2001), The Authorization for Use of Military Force Against Iraq(AUMF) Resolution of 2002 and Legislation appropriating fund for the War on Terror are unconstitutional, null and void as outlined in Proof of the Unconstitutionality and Illegality of U.S. Wars/Occupations and Use of Force in the Mideast

3. The Federal Reserve Act of 1913 which established the Federal Reserve System (The Fed) is clearly unconstitutional. Congress does not have the Constitutional authority to delegate its power to coin money or to write rules and regulations to the Federal Reserve which is a private corporation owned by bankers.
The Federal Reserve, has been an abject failure at most of its duties which according to official
Federal Reserve documentation, are to conduct the nation's monetary policy, supervise and
regulate banking institutions, maintain the stability of the financial system and provide financial
services to depository institutions, the U.S. government, and foreign official institutions”.
On September 23, 2009, House Financial Services Committee Chairman Barney Frank (D-MA)
released a report card demonstrating the poor record of the Federal Reserve in using the tools
provided by Congress to protect consumers from abusive financial industry practices. Chairman
Frank cited several examples of the Federal Reserve’s unsatisfactory performance and stated:
The Federal Reserve's inattention and inaction on consumer protection is a key reason why
Democrats are working to create the Consumer Financial Product Agency in the coming weeks
and months. As the above report card shows, consumer protection has long been overlooked
by federal regulators, and their motivation to protect consumers has been driven more by
congressional pressure rather than a sense of duty to the protect the American public.
The Federal Reserve has also failed to insure that there is maximum employment, stable
prices, and moderate interest rates which the Federal Reserve Act requires.
Their main job, appears to protect, not regulate large banks. The Feds actions have increased
the frequency and severity of boom-bust economic cycles such as the Great Depression of the
1930s, the late-2000s recession, and the current rate recession.

4. Corporate Personhood - Santa Clara County v. Southern Pacific Railroad Company (118
U.S. 394) (1886), The legal theory that corporations are entitled to protection under the
Fourteenth Amendment is based on a clerical error and is null and void. A passing remark by
the chief justice was erroneously summarized in the headnote by the court recorder. This
clerical error set the stage for the future worldwide damage of our environmental,
governmental, and cultural commons and must be corrected.

5. The Supreme Court ruling in Citizens United V. Federal Election Commission on
January 21, 2010, which wrongfully and unlawfully, attempts to give corporations unlimited
influence over our elections, fails to distinguish between domestic and foreign owned
corporations and knowingly leave America vulnerable to the latter, is null and void.
Corporations are not people, and nothing in the Constitution supports any such interpretation.

6. The Monetary Reform Act (also cited as Depository Institutions Deregulation and
Monetary Control Act) (P. L. No. 96-221; 94 Stat. 132) (1980) Highlights: Allows banks to
merge, and institutions to charge any interest rate they choose. Forces all banks to abide by
Federal Reserve rules, and raised deposit insurance of banks and credit unions from $40,000
to $100,000

7. Truth in Lending Act “Reform” (Sept. 30, 1995) Eased regulations on creditors. This bill
was powered through by Rep. Bill McCollum (R-FL), a key recipient of finance, insurance, and
real estate (FIRE) donations ($136,000 in 1993-94).”

8. Gramm-Leach-Bliley Act (1999) A bank deregulation bill that repealed much of the
Glass-Steagall Act by allowing commercial and retail banks to engage in investment activities,

9.  The Glass-Steagall Act (48 Stat. 162) (1933) Created the regulatory framework for banking; established the Federal Deposit Insurance Corporation (FDIC) and other speculative trading and mergers opening up competition among banks, securities companies and insurance companies. It passed the Senate 90-8 and was signed by President Clinton. It led to a wave of mega-mergers “too big to fail.’ The driving force was Sen. Phil Gramm (R-TX) who had received $4.6 million from the FIRE sector over the previous decade. This act is credited as the major contributor to the 2008 financial collapse.

10. Commodity Futures Modernization Act (Dec. 14, 2000). Sen. Gramm attached a 262 page
amendment that deregulated derivatives and credit default swaps trading to an omnibus
appropriations bill just prior to the Christmas holiday in December of 2000. Gramm's
amendment was supported by then Fed Chairman Alan Greenspan and then Treasury
Secretary Larry Summers. The amendment was never debated by the House or Senate and
by-passed the substantive policy committees in both the House and the Senate so that there
were neither hearings nor opportunities for recorded committee votes. This law unleashed the
derivatives market, paved the way for banks to become more aggressive about investing in
mortgages, and opened the door to an explosion in new, unregulated securities. The
amendment also contained a provision lobbied for by Enron, a generous contributor to Gramm
that exempted energy trading from regulatory oversight, allowing Enron to run rampant, wreck
the California electricity market, and cost consumers billions before it collapsed.

11. American Home Ownership and Economic Opportunity Act (Dec. 27, 2000). This act
makes it harder for consumers to get out of lender-required insurance.

12. Bankruptcy Abuse Prevention and Consumer Protection Act (April 20, 2005) The act
makes it harder for consumers (but not businesses) to discharge debts. The strict means test
that would force more debtors to file under Chapter 13 (under which a percentage of debts
must be paid over a period of 3-5 years) as opposed to Chapter 7 (under which debts are paid
only out of existing assets), the additional penalties and responsibilities the bill placed on
debtors, and the bill's many provisions favorable to credit card companies.

13. Suspension of the uptick rule that required that short sale transactions be entered at
prices that are higher than the price of the previous trade. This rule prevents short sellers from
adding to the downward momentum when the price of an asset is already experiencing sharp

14. De-regulation that allowed reduced margin and position limits for speculators.

15. Administrative Procedure Act (APA) (Public Law 79-404) (1946) This is one of the most
important pieces of United States administrative law. It enabled bureaucrats, instead of
legislators, to write law.

16. The National Security Act (P. L. No. 235, 80 Cong., 61 Stat. 496, 50 U.S.C. ch.15) (1947).
This was the granddaddy of all the others. (Foreign Intelligence Surveillance Act [FISA], The
Patriot Act, Anti-Terrorism Act, etc.) It was the start of the national security state we are now
under, and the beginnings of a fascist state.

17. Taft-Hartley Act, The Labor-Management Relations Act (80 P.L. 101; 61 Stat. 136)
(1947) Federal law which monitors activities and power of labor unions. Labor leaders have
called it the "Slave-Labor" bill. It tilts labor-management balance.

18. Cap and Trade (Emissions Trading) (1970) A market-based carbon-trading scheme which
banking reforms. It placed legal restrictions on speculation and forbid combining
banking and financial service firms. The 1999 repeal of this act is credited as the major
contributor to the 2008 financial collapse. is an expression of the inability and unwillingness of legislators to address environmental problems which arise from our mode of energy use (in large part carbon emissions). Although Caps are needed. Trading these Caps does nothing for the environment, or people and enriches Wall Street and hurts the economy.

19. War Powers Resolution (50 U.S.C. 1541-1548) (1973) The Constitution is explicit in
allowing only Congress the ability to declare war. This resolution opened the door slightly for the

president to be involved in the decision. Since 1973, however, presidents have often flung the
door open, ignoring this resolution and the Constitution.

20. The Monetary Reform Act (also cited as Depository Institutions Deregulation and Monetary
Control Act) (P. L. No. 96-221; 94 Stat. 132) (1980) Highlights: Allows banks to merge, and
institutions to charge any interest rate they choose. Forces all banks to abide by Federal
Reserve rules, and raised deposit insurance of banks and credit unions from $40,000 to
$100,000. (An aside: the Fed. Reserve is a private bank.)

21. The Fairness Doctrine repealed under Reagan 1987 (Federal Communications
Commission [FCC] policy) (1949) Required broadcasters to present controversial issues in an
honest, balanced manner. In 1988 FCC commissioner Johnson wrote that bringing back the
Fairness Doctrine would be "nothing less than possession of the First Amendment: Who gets to
have and express opinions in America."

22. World Trade Organization (WTO) (1995), North American Trade Agreement (NAFTA)
(1994), Central American Trade Agreement (CAFTA) These have functioned principally to pry
open markets for the benefit of transnational corporations at the expense of national and local
economies - workers, farmers, indigenous peoples, women and other social groups - health and
safety - the environment - and animal welfare. In addition, in the WTO system, rules and
procedures are undemocratic, un-transparent and non-accountable and have operated to
marginalize the majority of the world's people.

23. Telecommunications Act of 1996 (P. L. 104-104, 110 Stat. 56) (1996) The Act was
claimed to foster competition. Instead, it continued historic industry consolidation reducing the
number of major media companies from around 50 (1983) to 6 (2005). It led to a drastic decline
in the number of radio station owners. Example of corporate welfare spawned by political
corruption - it gave away to incumbent broadcasters valuable licenses for broadcasting digital
signals on the public airwaves.
Lesson from this act: Deregulation before meaningful competition spells consumer disaster.

24. Welfare Reform Act (Personal Responsibility and Work Opportunity Reconciliation
Act, H.R. 3734, P.L.104-193) (1996) Sets time limits on entitlements and cash assistance to
welfare recipients; requires most recipients to get jobs; changes disability definitions for SSI for
children; denies many legal immigrants from collecting SSI and food stamps, and much more.
Inherent in the Act: misogyny, racism, and exploitation of women (do whatever job you can get
and don't complain - or risk homelessness). Attention should have been directed to conditions
of low-wage labor market - living wage, health care, and child care all desperately needed.

25. FDA Modernization Act of 1997 (FDAMA, P. L. 105-115, 21 USC 301) (1997) FDA relaxes
rules of prescription drug advertising. Eases restrictions on direct-to-consumer advertising of
prescription drugs. Allows manufacturers to disseminate journal articles describing the results
of trials for unapproved uses of drugs. And much more.

26. The Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16,
115 Stat. 38, June 7, 2001) ("The Bush Tax Cuts")

27. Patient Protection and Affordable Care Act (PPACA) of 2010

28. Restoring American Financial Stability Act (RAFS) of 2010