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Congress is the Key

Destroying Property Rights In the Name of Cleaning Up Dilapidated Buildings

Just for fun, let’s do what the Constitution says this time.
See the Seventh Amendment for details. What Representative could vote against an amendment to S375 that simply requires a trial by jury, in accordance with
the Seventh Amendment? Didn’t they all swear an OATH to support the Constitution?

 

Watch the video at:

 

or at:

http://youtu.be/YGU8JG_Amf4

or

http://targetfreedom.com/cfr/2687/

or

http://reasonmustprevail.com/?p=25

This video is testimony that was given at a hearing of a subcommittee of that South Carolina Senate Judiciary Committee. This subcommittee consisted of three senators:  Gregory, Hutto and Thurmond.

 

The subject of this hearing was S.375 Dilapidated Buildings Act.  

 

S.375 Destroys PROPERTY RIGHTS, NOT Dilapidated Buildings.

 

 

 

Gregory was absent, but had given his proxy to Hutto. Consequently this bill was certain to be reported out favorably, in that Hutto was a sponsor of the bill. Therefore two of the three votes were predetermined to be favorable. Thurmond abstained; therefore the bill was reported out favorably, with two out of the three votes.

As in most of these hearings, the testimony was stacked with tax payer funded lobbyists. All but two of those testifying were drawing a salary from government. Patrick Hubbard, who is a professor at the state run University of SC, offered an opinion that the bill is constitutional, but never quoted any part of the constitution. This “expert” opinion was accepted as fact. 

When we read from the Seventh Amendment from Constitution, Hubbard was called back, and simply stated that Amendment VII was “not a problem”.

He admitted that his statements sounded like bringing out “TRICK WORDS”.  Hubbard attempted to create the impression that the taking of property, without a trial by jury, is perfectly acceptable.

 

Amendment VII “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.”

 

 

S.375 ignores the fact that our constitution requires that a trial by jury be the only mechanism by which a citizen can be deprived of property.

S.375 would enable municipalities to seize and sell properties deemed unsafe including homes, even if they are structurally sound. This would be done at the direction of a COURT-APPOINTED RECEIVER. This would be a dispute between a citizen and the government, but the case would be decided by the government.

Similar (H 3948) Summary: Dilapidated Buildings Act A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38 TO TITLE 6 SO AS TO ENACT THE “DILAPIDATED BUILDINGS ACT”, TO PROVIDE DEFINITIONS, TO PROVIDE THAT A MUNICIPALITY MAY BRING A CAUSE OF ACTION AGAINST THE OWNER OF PROPERTY NOT IN SUBSTANTIAL COMPLIANCE WITH CERTAIN MUNICIPAL ORDINANCES, TO IDENTIFY WHO MAY SERVE AS A COURT-APPOINTED RECEIVER FOR PROPERTY SUBJECT TO THIS CAUSE OF ACTION, TO DESIGNATE THE POWERS OF A COURT-APPOINTED RECEIVER, TO ESTABLISH REPORTING REQUIREMENTS OF THE MUNICIPALITY CONCERNING A VIOLATION AGAINST WHICH THE MUNICIPALITY MAY BRING A CAUSE OF ACTION UNDER THIS ACT, AND TO PROVIDE CERTAIN REMEDIES AND PROCEDURES.

for Full Text of S.375 is at:
————————

 

George Washington stated in his Farewell Address:
“If in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the constitution designates.  But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil, any partial or transient benefit which the use can at any time yield.”
—————-
Much was said about the worthiness of the goal of doing away with seizing buildings by calling these building “dilapidated”. Supreme Court Justice Louis Brandies addressed this very issue:
“Experience should teach us to be most on guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers.  The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”
 Laws being made by unelected bureaucrats, who pretend to be “representatives of the people” is the common model of every type of tyranny.
CodeEnforcement
Meet your “Cousin Beau”
 He is your cousin because he is the illegitimate son of your Uncle Sam.  He is the product of his seduction by the forces of totalitarianism. He has been called by many names in many nations. You may know his older brothers.  In more advanced stages of development, they are called apparatchiks, cadres, storm troopers, and commissars.  Here in America, where they are still solidifying their power, they are called compliance officers, inspectors, special agents, administrators, and regulators. His full name is Beau U. Krat. The ‘U’ stands for unconstitutional. He is the unelected bureaucrat, who makes up ‘administrative laws.’  He conducts searches without warrants or makes up his own ‘administrative warrants’ without probable cause.  He issues ‘administrative orders’ and assesses penalties against those whom he has found ‘guilty’ of violating his ‘laws.’ 
If you wish to ‘appeal’ his ‘orders’ you must appeal to him.
 He is your judge, jury and prosecutor. He wields legislative, executive and judicial branch authority. He uses methods, against honest citizens, which are forbidden even to legitimate policemen in their pursuit of dangerous criminals.
Remember his famous slogans:
“I’m just doing my job,”
“I’m only here to help you,”
and
“I was just obeying orders.”
=============================
One of the “Abuses and Usurpations” listed in

the American Declaration of Independence of July 4, 1776 by
our founding fathers was:
“He has erected a Multitude of New Offices, and sent hither Swarms of Officers to harass our People, and eat out their Substance”
Another one of those “Abuses and Usurpations” was:

“For depriving us in many cases, of the benefits of Trial by Jury”

 

These were cited as evidence of
“a Design to reduce them under absolute Despotism.”
Are we now at the same point, which caused the American Revolution?
——
James Madison wrote, in Federalist Paper #47:
“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”
Thomas Jefferson wrote:
“In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”
George Santayana wrote:
“Those who cannot remember the past are condemned to fulfill it.”
Pay attention to the tactic of presenting a government employee as an expert on what the government should be allowed to do. The fox is guarding the hen house.
These committees hearings are generally stacked with tax payer funded lobbyists.
Often legislators will allow the tax payer funded lobbyists to testify first, and then ALSO to testify last, after all other testimony has been heard. In this manner the tax payer funded lobbyists have “the last word.”
Tax payer funded lobbyists are given unlimited time, while tax paying citizens are cut short.
 CousinBeau2and3-110-791x1023
DID ANYONE WHO WAS SPEAKING IN FAVOR OF THIS BILL
EVER QUOTE ONE WORD FROM THE CONSTITUTION?
IS  “EXPERT” OPINION NOW A SUBSTITUTE FOR FACTS?
WHAT WAS THAT HE SAID ABOUT “TRICK WORDS”?
CousinBeau4-BEST-436X270

 

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Date
March 2nd, 2014

Author
John Perna

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