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  • Brandt v. United States Of America

The United States of America In “Anti-Constitutional” Era; Feds Run Amuck; State And Local Governments Follow Suit! MSLF Fights Coast-To-Coast For Constitution & Rule Of Law!

Dec 02, 2013 | by William Perry Pendley

In October of 2013, Congressman Tom Cotton (R-4th AR) delivered a speech at the Heritage Foundation in Washington, D.C. entitled, The Anti-Constitutional Excesses of the Obama Administration.  Cotton, who earned his undergraduate and law degrees at Harvard, clerked for a federal judge, and was hired by a prestigious law firm, left a bright future behind to lead men in combat in Iraq and Afghanistan.  His highly decorated service as an Army Captain provides him a unique perspective on the oath he took there:  “to support and defend the Constitution. . . .”   

Cotton supports his use of the “peculiar phrasing, ‘anti-constitutional’” as opposed to “the more common ‘unconstitutional’” noting that “the prefix ‘un-’ simply means not.  An action or law that is unconstitutional is simply and literally not constitutional.  The prefix ‘anti-’ on the other hand means opposed to, or hostile to.  This term,” concludes Cotton, “better captures the attitude of our President, the spirit of his administration, and the spirit of modern liberalism.” 

Commentators have expressed similar opinions, labeling the Obama administration “Orwellian,” “Nixonian,” or even, in tribute to Hillary Clinton’s famous mentor, “[Saul] Alinskish.”  Noting its refusal to enforce laws already on the books, while creating statutory authority out of whole cloth; reflecting on its appointment of unconstitutional Czars and its unconstitutional seating of officials without Senate approval; and finally considering its instantaneous, ad hoc, arbitrary and capricious revocation or rewriting of federal statutes or regulations, others call this administration the “most lawless in history.” 

George Will, labeled Obama’s recent “fix” of ObamaCare “illegal” and added, “What we're told in grade school when we study civics is that in [the Capitol] are the two legislative chambers of the federal government, Senate and the House.  It turns out there is a third; it's called the White House press room, into which the president can, on a whim, sashay and rewrite laws.”

Mountain States Legal Foundation (MSLF), when supported by the facts and the law and in defense of the rights of aggrieved citizens, sues over these abuses.  MSLF overturned:  a “sue and settle” scheme where Attorney General Holder tried to kill energy development in Pennsylvania, challenged the illegal closure of a million acres of energy-rich land in Arizona, and beat the Obama administration when it refused to obey the Second Amendment.

Early in 2014, MSLF will appear before the Supreme Court of the United States—the Court hears less than two percent of the cases that seek its review—in a landmark, federal land grab case whose favorable resolution will affect thousands of landowners.  Federal officials and their lawyers say the Constitution, federal law, federal court rulings and even the patent (title) issued to MSLF’s client have no meaning.  All that matters is that the federal government wants the land that belongs to the Fox Park, Wyoming man!

The day before MSLF’s appearance in that case, MSLF’s hard-hitting brief will be before the justices as they decide whether President Obama may appoint top officials without Senate confirmation.  This is a crucial case in the effort to keep America a nation of laws not of men.  Meanwhile, MSLF filed a claim for a family whose property was trashed by a neighbor—the U.S. Forest Service; fought the refusal of federal officials to return a man’s property after they concluded he broke no laws; and battled decades’ old refusals of federal officials to permit a miner in Colorado and an oil man in Montana to operate as the law allows, which would yield jobs, revenue, and valuable products.

Not surprisingly, encouraged by the lawlessness in Washington, D.C., where federal officials imperially channel Humpty Dumpty ("When I use a word, it means just what I choose it to mean—neither more nor less."), local officials who want to stop development adopt a “sue us if you dare” strategy.  Using a perfect storm of environmental extremism, radical leftist political demagoguery, and runaway NIMBY-ism (not-in-my-back-yard-ism), these officials ignore constitutional guarantees as well as federal and State laws.

For example, Mora County, New Mexico, assisted by a Pennsylvania “environmental” group, passed a “local bill of rights” barring use of hydraulic fracturing, forbidding oil and gas development, and robbing corporate entities of their constitutional and legal rights.  The Community Environmental Legal Defense Fund (CELDF), which drafted the ordinance and 150 others just like it across the country, is a radical group that is taken so seriously in leftwing circles that one of its biggest donors is Teresa Heinz-Kerry.  It believes:

When we talk about the “rights of nature,” it means recognizing
that ecosystems and natural communities are no longer merely
property that can be owned, but … have an independent right
to exist and flourish.  Laws recognizing the rights of nature thus
change the status of natural communities and ecosystems to
being recognized as … entities with rights that can be enforced.

MSLF responded to this challenge to the fundamental underpinnings of our country with a lawsuit on behalf of New Mexico residents.  This lawsuit is not about protecting the environment, but an effort by zealots to transform this country radically.  Whether they will succeed depends on MSLF’s lawsuit!

Thank you for supporting MSLF’s courageous, relentless, and endless battle across America to preserve constitutional rights and the rule of law.

December 2, 2013

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