Showing posts sorted by relevance for query wickard. Sort by date Show all posts
Showing posts sorted by relevance for query wickard. Sort by date Show all posts

23 October 2009

speaker pelosi says that the commerce clause makes mandatory health care constitutional

cns news asked house speaker nancy pelosi to explain how the federal government can mandate everyone to purchase health care insurance and it be constitutional. cns news says that "pelosi dismissed the question by saying: 'are you serious? are you serious?'" before moving on to some other question.

later the speakers spokeswoman, nadeam elshami, answered some of cns news follow up questions by sending them a copy of one of the speaker's press releases from 16 september 2009 in which the speaker explained how the congress subject to article one section eight clause three of the constitution may mandate health care:

[T]he Constitution gives Congress broad power to regulate activities that have an effect on interstate commerce. Congress has used this authority to regulate many aspects of American life, from labor relations to education to health care to agricultural production. Since virtually every aspect of the heath care system has an effect on interstate commerce, the power of Congress to regulate health care is essentially unlimited.
then she goes on to give two supreme court cases as examples: katzenbach v. mcclung, 379 u.s. 294 (1964) -- the famous ollie's barbecue discrimination case out of alabama and gonzales v. raich, 545 u.s. 1 (2005) a medicinal marijuana case from california.

"it is hardly lack of due process for the government to regulate that which it subsidizes."
u.s. supreme court in wickard v filburn

her press release didnt mention wickard v filburn -- but it didnt have to - both of the cases she did cite do. they relied on wickard as a justification for their own bad judgment.

wickard v filburn came about in 1942 through a fraudulent interpretation of the commerce clause. the court reasoned that everything you do affects interstate commerce in some way or another and thus subject to federal jurisdiction.

the court in gonzales did point out that congress could always change the law. which is what the states must demand congress do in the case of wickard. overturn it by legislation if necessary and repudiate that way of thinking.

as the speaker pointed out: "the power of congress to regulate [in this instance] health care [or anything else] is essentially unlimited."

EXTERNAL LINK

11 August 2009

rino state senator a g crowe to host breakfast with gold bug congressman ron paul at new orleans 03 september 2009

ron paul is the so called texas "maverick republican" who responding to a question about 911 at the 10 january 2008, myrtle beach, south carolina republican candidates presidential debate revealed himself to be the establishment's controlled opposition candidate.

congressman paul's treachery has been well documented by many websites like christopher jon bjerknes and eric hufschmid.

at eight o'clock a.m. on thursday 03 september 2009, congressman paul is joined by a homegrown louisiana rino and gop fraudster -- senator a.g. crowe, for a breakfast/briefing at the best western landmark hotel in metairie.

the purpose of the breakfast/briefing seems to be to give atta boys to senator crowe for his worthless senate concurrent resolution no. 2 just passed this session. (2009) as well as to promote congressman paul's new book "end the fed." a ticket is $65.00. contact heather hand, louisiana state co-coordinator: campaign for liberty.

senator crowe's senate concurrent resolution no. 2 is worthless and is hardly worth lauding.

one reason that scr 2 is worthless is because it doesnt address the u.s. supreme court ruling in wickard v. filburn, 317 u.s. 111 (1942). mr. wickard was an ohio farmer who signed up for a wheat allotment under the agricultural adjustment act of 1938.

the allotment meant that: "the farmer who planted within his allotment was in effect guaranteed a minimum return much above what his wheat would have brought if sold on a world market basis." mr. wickard planted about 12 acres over his allotment. the extra was to feed his farm animals with.

thanks to a probably intentionally flawed interpretation of the commerce clause, his fine for growing over his allotment was upheld. the several states were also stuck with the new federal maxim: "it is hardly lack of due process for the government to regulate that which it subsidizes.."

the supreme court legalized extortion, bribery and blackmail. for instance,
the federal government wants everyone to have to wear a seatbelt - they just withhold highway funds until that state passes the law that the feds want. and on and on. the tenth amendment has been dead for a long time.

president obama's stimulus package wasnt about saving the economy so much as it was to further federalize the several states; binding them ever tighter to washington.

so nothing is ever going to change unless a law is passed to nullify it or the supreme court reverses this decision.

senator crowe's resolution is also not quite worthless when you consider what it cost the taxpayer to foot the bills passage through the legislative process -- especially when you realize that its redundant --

louisiana already has a state sovereignty amendment enshrined in the state constitution!

louisiana secretary of state multi-parish elections inquiry
official elections results for election date:03 october 1998

Article 1. §26. State Sovereignty

Section 26. The people of this state have the sole and exclusive right of governing themselves as a free and sovereign state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled.

Acts 1997, No. 1494, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998.
this act by j. lomax jordan, jr., is a trick too. it doesnt even mention the federal constitution and bill of rights and it implies that our rights can be taken away by a simple act of congress!

so if louisiana has had a state sovereignty amendment on the books for some twelve years then why is senator crowe and the loony looziana legislature wasting all this time and money to do this over again? why not under the current louisiana constitution dont they just say we're a
sovereign state; we dont want any of your dirty federal money and get out of our state.

could it be because a.g. crowe is just another criminal con-artist? on the one hand using the republican party and its platform to trick the hillbillies in his district into voting for him -- while the other has got their attention diverted onto his useless legislation to make them think he is actually accomplishing anything honest and worthwhile?

senator a.g. crowe is the height of hypocrisy!

while scr 2 did receive some media coverage one of senator crowe's other resolutions senate concurrent resolution no. 51 didnt receive much, if any.

scr 51 "memorializes the united states congress to take such actions as are necessary to appropriate funds specifically for the storm-proofing of interior pump stations in the parishes of st. bernard and plaquemines."

we hope these pump stations are funded but isnt it kinda hypocritical for senator crowe on the one hand telling congress to leave us alone, we dont want your help -- then on the other, demanding congress to fund something?

imagine what a guffaw speaker pelosi, leader reid and their staffs are going to have at the louisiana people's expense when this garbage hits their desks.

both resolutions passed the senate and house overwhelmingly. these loony looziana legislators have no sense of decency or shame.

21 February 2012

louisiana college latest publicity stunt: sues feds over a part of obamacare

gannett/the alexandria daily town talk
courtesy newseum.org/today's front pages
click here to read the news report from the towntalk.com
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first off, we're opposed to abortion in whatever form; from the moment of conception onward.

on the other hand, birth control devices, such as condoms, which are supposed to prohibit fertilization/conception outright are another matter.

unlike animals, human beings can have sexual relations practically at any time. did god intend that each time human beings have sex that the result would be a baby?

obviously not because each month a woman is able to conceive only for a short period of time. so is it contrary to god's law or sinful to use birth control devices that prohibit conception? we're unsure about that but we do know that it is sin to murder a baby.

unfortunately, nowhere in louisiana college's complaint do they mention or complain about current interpretation of the commerce clause, wickard vs filburn or the more recent (2005) supreme court opinion in gonzales vs raich.

it is the federal government's position that the commerce clause due to outright treasonous interpretation of it by the supreme court such as in wickard and gonzales that since everything you do affects commerce -- they, the congress, can regulate it.

then house speaker, nancy pelosi even stated that obamacare is legal due to the commerce clause.

we predict that after the initial flurry of publicity that this complaint will disappear never to be mentioned again.

if louisiana college was truly interested in helping to create a better world for the unborn then they should use their resources to file suit and have the three (so far) unconstitutional and immoral, in perpetuity sales taxes that rapides parish children will have to pay and collect forever; with no say whatsoever thrown out.
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EXTERNAL LINK

21 October 2009

memorandum re: investigations and prosecutions in states authorizing the medical use of marijuana .pdf

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click here to download three page .pdf from the justice department website
or our copy here [3.8 mb]
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monday morning the justice department blog posted its much anticipated three page memo to all united states attorneys, the drug enforcement agency and federal bureau of investigation, detailing how the justice department will recognize states rights regarding the several states' medicinal marijuana law.

the feds while they do not relinquish any rights to investigate and prosecute marijuana offenses under current federal law, have determined that those (hopefully citizens only) who are honestly complying with state law are not worthy of using limited federal resources to investigate.
excerpt:

Typically, when any of the following characteristics is present, the conduct will not be in clear and unambiguous compliance with applicable state law and may indicate illegal drug trafficking activity of potential federal interest:

• unlawful possession or unlawful use of firearms;

• violence;

• sales to minors;

• financial and marketing activities inconsistent with the terms, conditions, or purposes of state law, including evidence of money laundering activity and/or financial gains or excessive amounts of cash inconsistent with purported compliance with state or local law;

• amounts of marijuana inconsistent with purported compliance with state or local law;

• illegal possession or sale of other controlled substances; or

• ties to other criminal enterprises.
[...]

Indeed, this memorandum does not alter in any way the Department's authority to enforce federal law, including laws prohibiting the manufacture, production, distribution, possession, or use of marijuana on federal property.

This guidance regarding resource allocation does not "legalize" marijuana or provide a legal defense to a violation of federal law, nor is it intended to create any privileges, benefits, or rights, substantive or procedural, enforceable by any individual, party or witness in any administrative, civil, or criminal matter.
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it seems that the ball is now in congress court. will they change federal law to be in harmony with the laws of the several states or will congress leave in place conflicting laws that the justice department is on record as saying are not worth enforcing?

in any event, it doesnt look like the medicinal marijuana issue is going to go away anytime soon. it shouldnt either because its an issue of states' rights and the states should fight the feds for control of everything.

if the feds blink on this then they will on other issues again and again. the objective is to destroy wickard v filburn and eventually a lot of other bad opinions and legal theory mumbo-jumbo.

in 2010 there will be even more medical marijuana law news -- according to the california sec'y of state ballot measure update there are three citizen ballot initiaves out gathering signatures in time to be on a 2010 ballot. supposedly at least one of the initiatives would make cannabis completely legal.
1374. (09-0022)
the tax, regulate, and control cannabis act of 2010.pdf
Changes California Law to Legalize, Regulate, and Tax Marijuana. Initiative Statute.
Circulation Deadline: 02/05/10 Signatures Required: 433,971

1377. (09-0024. Amdt. #1S)
regulate, control and tax cannabis act of 2010.pdf
Changes California Law to Legalize Marijuana and Allow It to Be Regulated and Taxed. Initiative Statute. Circulation Deadline: 02/18/10 Signatures Required: 433,971

1378. (09-0025)
common sense act of 2010. pdf
Changes California Law to Legalize, Regulate, and Tax Marijuana. Initiative Statute.
Circulation Deadline: 02/18/10 Signatures Required: 433,971
sunday, gannett/the shreveport times published a story "medical marijuana legislation growing throughout country." [.pdf]. in it, the reporter, melody brumble, informs us that since 1978 louisiana has had a mechanism in place to allow for marijuana prescriptions for glaucoma and cancer patients.

can you believe it? way back in 1978, louisiana was on the cutting edge of medicinal marijuana research.

despite dissolving the marijuana prescription review board in 1989, the legislature in 1991 added paralysis patients to the list of approved recipients.

however, no more action was ever taken by the state department of health and hospitals to promulgate rules and regulations to govern the issuing or filling of medicinal marijuana prescriptions.

then louisiana now sent us to this report in the houma paper about a california man, matthew zugsberger, who's upcoming criminal trial may set medicinal marijuana case law.

it seems mr. zugsberger has a valid california medicinal marijuana prescription. somehow he came to be in thibodaux louisiana on 19 june 2008 thats when he was arrested. his more than two pounds of prescribed medication seized and he was charged with violation of RS 40:966 possession of marijuana with intent to distribute.
The question posed in Zugsberger’s case is one of "first impression" in Louisiana, his attorney Jerri Smitko of Houma wrote in a memorandum to Judge LeBlanc. The term "first impression" means that a case asks a legal question that a state’s courts have not previously ruled upon.
the story leaves a lot of unanswered questions like how did mr. zugsberger come to be arrested in the first place? also is mr. zugsberger some kind of medicinal marijuana activist? the houma paper mentioned that he has pulled a similar stunt in king county, washington. according to the houma paper mr. zugsberger won that case.

houma todays follow up report "medical-marijuana case set for trial in lafourche parish" clarifies a few things, but also goes a step further than the gannett/shreveport times by sending us to La. RS 40:1046:

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RS 40:1046
PART X-E. THERAPEUTIC USE OF MARIJUANA
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it turns out that louisiana's medicinal marijuana law is still on the books. it just needs to be updated.

mr. zugsberger's attorney, ms. smitko, seems to think that her client's innocence under R.S. 40:966 (the statute he's charged with violating) stems from part C where the law states:
Possession. It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule I unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner...
then it sends you over to R.S. 40:978 dealing with prescriptions law. neither 40:966 or 40:978 say that a prescription must be issued by a louisiana doctor.

interestingly, the first assistant district attorney, mr. joe soignet is maintaining that mr. zugsberger is in violation of the law hence guilty of possession with intent to distribute under RS 40:1046 the medicinal marijuana law itself -- because it does call for a louisiana doctor's prescription.

what a conundrum. what about whether or not louisiana blanketly honors out of state medical prescriptions?

judge leblanc set the trial date for 22 march 2010 after denying mr. zugsberger's motion to dismiss. ms. smitko plans to appeal to the first circuit court of appeal and we should be able to learn more about the case when their opinion is posted, which probably wont be until after the first of the year or sometime after mr. zugsberger's trial.
this 1942 film "hemp for victory" produced by the u.s. department of agriculture and shown to farmers to encourage them into farming industrial hemp in support of the war effort.

as the video shows, industrial hemp is especially important to not only the naval service but to all branches of the military.

hemp is also used to make long lasting canvas clothing, textiles, paper and hi-quality products like that fire hose and even entire houses. it can be used for biodegradable plastics, health food and fuel.

we dont know if louisiana farmers are interested in planting industrial hemp or even if it will grow in louisiana -- since the agriculture department video seemed to focus on kentucky, part of wisconsin, missouri and the midwest - nebraska -- however, they should have the option of planting and marketing industrial hemp if they want.
with the port of new orleans they could ship it right on out to market.

there are several small ethanol plants in louisiana like the one near pollock in grant parish. its possible that they could produce and market hemp fuel. its the original diesel fuel.

look at all the food that can be made from hemp. shouldnt louisiana producers like zapps potato chips or any other that so desire, restaurateurs, chefs, be given an opportunity produce and market hemp food?

it looks like there could be lots of potential jobs in no telling how many different fields in industrial hemp production.

is the louisiana legislature really interested in asserting states rights or was SCR 2 just a bunch of baloney?
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EXTERNAL LINK

09 November 2009

H.R. 3962.pdf affordable health care for america act passes house 220 - 215

affordable health care for america act click here to download our copy of the 1990 page .pdf [3.27 mb]
click here to go to the library of congress for the latest version

house roll call vote #887 07 november 2009

anh cao was the only congressman from louisiana to vote aye

wow. if you cant tell that the america we always took for granted has been taken from us and turned into something totally foreign and if it wasnt so, then look no further than H.R. 3962. how could anything like this -- if america was still america -- be filed much less pass?

if it passes the senate and who knows it might -- all americans essentially become wards of the state.

it's because the united states supreme court in 1942 chose to fraudulently interpret the commerce clause in wickard v filburn and the feds as well as the several states have went along with it ever since. it boils down to the feds can regulate everything through the commerce clause because everything you do affects interstate commerce. and probably soon if not already -- global commerce.

most people havent realized this yet and so when they see things like:
What happens if you "willfully" do not buy insurance?
===

Prosecution is authorized under the Code for a variety of offenses. Depending on the level of the noncompliance, the following penalties could apply to an individual:

• Section 7203 – misdemeanor willful failure to pay is punishable by a fine of up to $25,000 and/or imprisonment of up to one year.

• Section 7201 – felony willful evasion is punishable by a fine of up to $250,000 and/or imprisonment of up to five years.” [page 3] ~ democrats pass health care bill in the middle of the night
they wonder how can this be?

any state that wants to refuse it can do so (the county sheriff's have a major role to play according to this one) but then they run the risk of losing federal money which thanks to rulings like the above and the administrative rules that have grown up around them -- the feds dont have to return money to the states unless the states comply with federal regulations, even though its own citizens paid into the federal system in the first place.

so the citizens are going to have to decide if its worth it or not to continue paying federal taxes. that ought to be a real interesting debate. that's if anyone even has any money left to pay taxes with in the first place.

gold set another record high today with the dollar still wobbling. countries around the world are unplugging themselves from the dollar and switching to some other currency or buying gold - like india.

its like the government is trying with all its might to foment a revolution like what the trends research institute forecaster gerald celente has been saying all along. we'll have to see if he adds this vote to his lits of shots already fired in the 2nd american revolution.

EXTERNAL LINK

12 May 2009

SCR 2 louisiana's worthless version of a states rights 10th amendment resolution

click here to download two page .pdf [11 kb]

when a loony looziana state legislator doesnt have anything better to offer by way of coming up with some policy or idea to actually help to create a better louisiana, he or she, as the case may be, will instantly seize on some nonissue thats currently popular, somewhere else in an effort to trick the muddled louisiana masses into thinking that they actually have a clue to what they are doing. they dont.

senate concurrent resolution no. 2 shows that state senator a.g. crowe is no different.

this concurrent resolution isnt worth the paper its printed on because its meaningless. it's a trick to make you think that the maniacs in the state legislature are doing something, when they are not.

the truth is that the states including louisiana gave away their power to the federal government years ago - when the several states accepted the u.s. supreme court's decision in wickard v. filburn, 317 u.s. 111 (1942) that saw to that. and unlimited government in america that decision spawned has gone way too far; for far too long to turn back now - not without some serious bloodshed and we cant have that now can we? what, with american idol about to come on the tube not to mention the upcoming football season and all.

if the legislators were really honest they would be promoting second chronicles chapter seven verse fourteen:
if my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will i hear from heaven, and will forgive their sin, and will heal their land.
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EXTERNAL LINK

09 December 2009

H.R. 390 college football playoff act of 2009

click here to download our copy four page .pdf [161 kb]
or from the library of congress here

we just read a weird story over on the gannett/town talk captioned "house panel passes college football playoff bill" the first thing that came to mind reading it was what business is it of the congress what goes on in college football?

it seems that whoever it is thats controlling puppets like joe barton they dont like it that the bcs appoints the teams that will play for its championship and in its eight bowels. barton and company want the two teams who meet for the championship to arrive there through a playoff system.

its likely that rep. barton is a puppet perhaps to beer distributors, sports memorabilia producers, merchandisers, promoters, sports magazines and television stations and networks that would be able to sell more advertising and so forth.

it sure wouldnt help the players because more games would increase the likelihood of receiving an injury.

so then we wondered how can this be legal? how in the world can the federal government regulate college football? at first we assumed that the congress would threaten to cut off federal funding to the colleges that participate.

then we looked rep. barton's bill at the library of congress. wouldnt you know it -- H.R.390 starts off:
(1) college football games, including post-season football games, depend upon competition between college and university teams traveling in interstate commerce;

(2) the competitions involve and affect interstate commerce and are therefore within Congress’s constitutional authority to regulate;
see it all goes back to 1942 and the supreme court's fraudulent ruling in wickard v filburn. thats the case where the states finally let the feds drive a stake through the heart of states rights because they ruled that everything you do somehow affects interstate commerce and thusly subject to federal regulation.

section 4 of the bill gives enforcement authority to the federal trade commission. it says that a violation shall be treated as a "violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the federal trade commission act (15 U.S.C. 57a(a)(1)(B))."
15 U.S.C. 57a(a)(1)(B) reads

(B) rules which define with specificity acts or practices which are unfair or deceptive acts or practices in or affecting commerce (within the meaning of section 45 (a)(1) of this title), except that the Commission shall not develop or promulgate any trade rule or regulation with regard to the regulation of the development and utilization of the standards and certification activities pursuant to this section. Rules under this subparagraph may include requirements prescribed for the purpose of preventing such acts or practices.
section 45(a)(1) simply reads:

(a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade

(1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.
so this is a lame bill, based on junk law thats based on the supreme court's fraudulent interpretation of the commerce clause.

the good news though is that with this bill rep. barton, a republican (you know that party that claims to be for less governmental regulation, lower taxes, more freedom, smaller government, yadda, yadda, yadda) exposes himself for what he is; its all the evidence that you need to understand that rep. barton is a rino. he's a liar and a gop fraudster. you would be a fool to trust him or his judgment about anything. you would be an even bigger fool if you live in his district to vote for him.
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related posts
  • speaker pelosi says that the commerce clause makes mandatory health care constitutional

  • ====
    H.R. 390--111th Congress: College Football Playoff Act of 2009. (2009). In GovTrack.us (database of federal legislation). Retrieved Dec 9, 2009, from http://www.govtrack.us/congress/bill.xpd?bill=h111-390
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    EXTERNAL LINK

    28 July 2010

    UPDATED obama care flow chart

    Obamacare Flow Chart
    we cant help but wonder how many coffee's it took for whoever to figure this mess out.

    ====
    UPDATED 4:28 pm CDT wednesday 28 july 2010


    link to audio download page

    our new bff, ericka anderson, with the house republican's something-or-other, wrote to alert us that congressman kevin brady would be hosting a live blogger / reporter conference call this afternoon to explain the above obama care flow chart..

    it was released to the public this morning around 9:30 am cdt.

    it seems that congressman brady has some notoriety in the obama care health care bill flow chart biz.

    anyway, the conference call was scheduled for 12:15 pm cdt today which left us very little time to prepare.
    (like that would have made a difference).

    we really didnt know what to expect as we had never done anything like this before and it turned out to be for what it was worth a pleasant experience.

    congressman brady explained that the obama care flow chart is an official government document. you can quote from it with authority. post it to your blog or website and even print it out and pass it around as well as take with to confront your congressman over the information it contains.

    congressman brady says the obama care flow chart was meticulously compiled over the past four months by the minority staff analyzing and charting all 2,801 pages of the two bills that became law.

    that analysis as seen from this chart illustrates the government takeover of 1/6th of the economy. it captures (1) the mass expansion of government and (2) the bewilderingly overwhelming complexity of health care now.

    going over the chart everything in color is newly added by the bill(s) except for the health and human services sec'y. hhs sec'y is in color because that person and their authority has been expanded beyond belief -- everything goes through the hhs sec'y -- they are the hub of health care reform -- the new health care czar.

    there is 2,200 references in the bill(s) to this person and they will have 600 new authorities in law under this health care bill.

    everything in dark blue which you will see above and to the left of the sec'y of health and human services is an expansion of existing government.

    everything in orange are the agencies with the power to ration health care in the future. that's the patients centered outcomes institute and the independent payments advisory board.

    in the bottom left hand corner are the physicians and at the far right are the patients and in between the doctors and patients are 159 new bureaucracies, programs, boards and regulatory systems.

    the boxes in green -- are the new taxes, fees, penalties and medicare cuts -- over a trillion dollars of them which fund this mass new program.

    the yellow boxes -- are specific mandates such as the 17 new mandates on insurance.

    the new law is so complex that they couldnt get it all onto one page. this flow chart only captures about 1/3 of all the new bureaucracies -- so in the chart you will see tricolored boxes and triangles. they have blue, green and rust colored with a number on them -- these are what are called "bundles of bureaucracies" if they were a computer screen and you touched on them they would pop up. for example: there's a bundle that has 59 -- that hide 59 additional grant programs. another that hides 22 additional bureaucracies and so forth.

    you've got up in the far right corner not far from the irs, are the 19 special interest provisions, everything from katrina mary landrieu snellings' the louisiana purchase to five sweetheart deals for the labor unions.

    the lines are on there because the law is incredibly complex and it outlines new reporting, oversight, money flows, structural connections that have never existed before.

    in the digital copy of the chart, embedded in every one of those lines is the statute in the law that references it.

    click here to download our copy. one page .pdf [876 kb].

    or from official .gov government link:


    everything that's outlined in this chart has been changed by the bill(s).

    total cost: 2.6 trillion dollars over the first full 10 years of implementation.

    phew.

    the only editing that we did on this audio file was to remove the full names of all the callers.

    our question for congressman brady was about speaker pelosi, the commerce clause, wickard v filburn and nullification so you wont want to miss that.

    EXTERNAL LINK