Molon Labe! (64 page)

Wyoming life

2016

The robust Wyoming economy was enhanced by the state's own airline,
Flyoming
. A fleet of modern twin turboprops (manufactured in Lusk by Maxwell Aviation) knitted the ninth largest state together, specializing in flights such as Green River/Sheridan, Cheyenne/Worland, and Cody/Rawlins. The U of W in Laramie was directly served by flights from eight cities. No longer must students brave icy highways for Christmas.

The FAA and TSA tried to regulate
Flyoming
, but the Wyoming AG kept them legally at bay because of the strict
intra
state nature of the airline, which was outside of the Government's interstate commerce clause powers under the Constitution at I:8:3. The issue was headed to the Supreme Court, not that many Wyomingites cared.

Passengers with diplomas from recognized shooting academies received a 10% discount and were allowed to fly armed. Other passengers could carry onboard unloaded firearms with their actions cable-tied shut (just like at gun shows). This measure encouraged nonaccredited gunowners to go through school, which many of them did.

For their 20th wedding anniversary, James and Juliette Preston take a three week trip, beginning at her mother country of Ireland. To protest the purposely humiliating searches at airport "security", they arrive at Denver's DIA in bathing suits. Juliette's toned body in a Hawaiian one piece nearly shuts down Concourse B. At first threatened with arrest, the Preston's tenacious stance (and notoriety) gets them onboard. The captain personally greets them into First Class and thanks them for their protest.

Their point made, the Prestons change midflight into dinner attire, as was once considered appropriate for airline travel, especially international. Pilot-to-pilot, James is invited up to the Boeing 797 cockpit for coffee.

From Ireland, they travel to Hungary to meet Juliette's distant relatives and James's son Istvan. They all spend a week camping on Lake Balaton.

The White House

September 2016

"Mr. President, we have just heard something interesting from Cheyenne. The Preston administration is working on some kind of school privatization scheme. It could be slated for their January session."

"
Now
what the hell are they up to?" Connor exasperates.

"We don't know any details now, but apparently it's pretty radical. Our source heard about it accidentally and doesn't have a reliable feed of information. We learned about it by a rather odd coincidence."

Connor snorts. "There's no such thing as coincidence. Coincidence is only something unexplainable at a superficial level. We only call it that to persuade ourselves we're still in control. What else did you learn?"

"He says that Preston's running it pretty tightly and that his staff are very excited about it, whatever it is."

"Well find out, damn it! If they spring something popular, it could spread like wildfire across the West. We lose public education, we lose our grasp on the nation. The NEA and AFT will just
shit!
"

Connor thinks for a moment and then says, "It's probably some new wrinkle on the voucher program. Get me some hard facts on what they're up to out there. If it's, as you say, 'radical' then it's sensitive. Maybe we can leak it and ruin their timing with a lot of preemptive bad press. Kill the thing before it ever gets to the legislative starting gate in January. Hell, if we can get a reactionary campaign going before their November elections, we may even derail ratification of those fucking amendments. Right of
habeas corpus
, my ass. Get moving on this, and I mean yesterday! I want details in two weeks, no excuses."

"Yes, Mr. President. Right away."

Cheyenne,

Wyoming September 2016

"Governor, we just got an encrypted email from P.R. Something's come up you should know about."

Preston swivels his leather chair around. "Do tell."

"We've got a leak. Or, more accurately, somebody trying to become one. At State. A carry-over from the last administration. He used to work in Washington. He doesn't know about our privatization initiative, but he's become very curious in what we've been working on."

Preston frowns and asks, "At State, you say? Thank God it wasn't at the Treasurer's. That'd be much harder to plug."

The Governor stands and walks about the room as he always does when he is chewing on a problem. "Can we feed him something without it being suspicious?"

"I don't see why not, Governor. He's pretty hungry."

"Good. OK, here's what I have in mind. Suppose we —"

The White House

November 2016

Phillip Miles enters the Oval Office, clears his throat, and says, "Mr. President, we just heard from our man in Cheyenne. He managed to glance at a cover sheet on a secretary's desk. It was entitled 'A Proposed 2017 General Session Bill regarding Tax Credits and Vouchers for Private Schools.' It seems that we may have overconstrued this."

Connor shakes his head in disgust. "Tax credits and vouchers — same old horseshit. Preston's lost his nerve. Shot his wad with those 'Ten Points' last year."

"It looks that way, Mr. President."

"Yep. Aw, hell, now I've gotta meet with the Prime Minister Ben Moshe. He wants Stealth fighters again. Fat chance! As if we haven't done enough for Israel over the past seventy years. Oh — good work, Phil, thanks."

"Certainly, Mr. President. And congratulations on your election." "Yeah, and the only one I'll ever get thanks to the 22nd Amendment."

Wyoming General Election

November 2016

The libertarian tide now covers two-thirds of the Capitol by taking House Districts 15, 35, and 58 and Senate Districts 4 and 10.

Amendment A on the writ of
habeas corpus
passed by 66%. Amendment B on eliminating eminent domain passed by 73%. Amendment C on eliminating the requirement of professional licenses was not ratified. Only 42% of the voters supported C. The scare tactics and huge treasury of the unions paid off. The amendment was proposed too soon for most people, who were still digesting the past two years of change.

Liberation was often a slow and painful process.

In 1215, the wealthy barons of England collectively challenged the power of King John I, forcing him to sign the Magna Carta on 17 June at the meadow of Runnymeade.

Today, only two classes of entities have the clout to take on the USG. The first are large corporations. Will they grow tired of the federal regulatory game or have our rulers been partners with Feudal, Inc. since WW2? Most probably the latter.

The second class are the 50 states. Will any of them finally grow indignant of the powers filched by Washington, D.C. and act to reclaim them?

James Wayne Preston,
Journals

Cheyenne, Wyoming

December 2016

"So, gentlemen, what do you have for me today?" asks Preston.

"Sir, we've completed the preliminary report on federal commerce clause powers over the states, and what Wyoming's options might be."

Preston smiles. "Ah, yes, Phase V. Good. We've got to keep thinking ahead. Make Washington play catch-up for a change. Let's see it."

Preston quickly devours the four-page report at his renowned 900 wpm reading speed. In just over two minutes, he puts it down, smiles, and says, "Well, as if we haven't stirred up enough dust!"

"In for a penny, in for a pound, right Governor?" quips his aide. Preston laughs. "Apparently so, Tom. Apparently so."

Federal Interstate Commerce Power vs. Wyoming Intrastate Activities

History of U.S. interstate commerce power

The alleged rationale for the Constitution — the stated exigency that caused the 1787 Convention at Philadelphia — was the "crisis" of commerce between the States. Every American history book agrees on this. As the mythology goes, the States were squabbling sovereigns which got into tariff wars with each other and prevented the emergence of a true nation, and thus was at risk from England, France, Spain, and the Indians. Although tariff wars certainly occurred they were hardly a "crisis." They could have been solved by incorporating into the Articles of Confederation the following clause which was later written into the Constitution:

No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be
absolutely necessary
for executing its inspection laws; . . .

—Article 1, Section 10, Clause 2 of the U.S. Constitution

If the point of the Constitution was to eliminate tariff issues, that clause alone would have easily sufficed. However, this was not all that Hamilton and Madison had in mind. They wanted the new government to
"regulate commerce"
a power that extends (as time would prove)
far
beyond mere nationalization of tariffs.

To that end, the authors also included a clause that
should
have been seen as unnecessary to I:10:2:

[The Congress shall have power]
to regulate commerce with foreign nations, and among the several states, . . .

—Article 1, Section 8, Clause 3 of the U.S. Constitution

The unnecessary clause of I:8:3 is "Smoking Gun #1." It is the DNA of the future behemoth. Not even the antifederalists of the day suspected this camel's nose under the tent. It was generally a dormant power until activated in the 1930s. Today, the commerce clause energizes over half of all federal legislation, most of it antithetical to the Bill of Rights. For example, nearly all of the anti-2nd Amendment gun laws stem from I:8:3.

Now, to "Smoking Gun #2." In order to allow for what would later be termed "elastic" or "implied" powers of the federal government, the following clause was inserted:

To make all laws which shall be
necessary
and proper for carrying into execution the foregoing powers, . . .

—Article 1, Section 8, Clause 18 of the U.S. Constitution

During the 1791 battle over the first Bank of the US, Jefferson and Hamilton argued ferociously over the meaning of
"necessary."
Both correctly discerned that the future of America rested, by implication, on the outcome. Since the Bank was neither explicitly nor implicitly authorized in the Constitution, Jefferson rightly declared it to be unconstitutional. He argued that
"necessary"
of I:8:18 meant "necessary" and not, as Hamilton asserted in a 15,000 word rebuttal, "expedient" or "helpful." Hamilton wrote that Jefferson's definition
"would be to give it same force as if...
absolutely
... had been prefixed to it."

Naturally, the States had
not
been informed of this looming ambiguity during the ratification debates. In fact,
The Federalist
went out of its way to calm the people that the proposed system was not injurious to State sovereignty or their rights. For example, Madison, in #39, promised that:

The powers delegated to the proposed Constitution are few and defined. Those which are to remain in the State governments are numerous and indefinite . . .

[Federal]
jurisdiction extends to certain enumerated subjects only, and leaves to the several States a residuary and inviolable sovereignty over all other subjects.

Two centuries later we are the debauched virgin who sobs the morning after,
"But he said he
loved
me!"

The clue that
Federalist
assurances were disingenuous is found in the language difference between I:10:2 restricting the States with
"
absolutely
necessary"
and I:8:18 allegedly restricting Congress with
"necessary."
This is "Smoking Gun #2" that the Founding Lawyers of 1787 never meant to create a perpetual republic.

What they
really
desired was a mercantilistic state protected by a national government in full power of both purse and sword, but since about 50% of the people did not share that goal, the Founding Lawyers could only achieve their scheme over time through constitutional artifice with the collusion of federal judges. By successfully designing the "rules of the game" they were destined to win, eventually.

And every bit of it was and is "constitutional."

The whole thing was a fraud from the very beginning.

Post-1789 awakening of interstate commerce power

Article I, Section 8, Clause 3 of the US Constitution delegates to Congress the power to
"regulate commerce with foreign nations, and among the several states, and with the Indian tribes."
One of its first usages was a 1790 trade embargo on Rhode Island in punishment for being the only colony to boycott the Philadelphia convention and for not joining the new United States (due to a 1788 referendum 11-1
against
statehood).