Thursday February 9th, 2011 Amy Miller accurately explained some details of my case but missed the point when she updated Times News readers on the filing of my 2nd brief in Commonwealth Court as the plaintiff against the Carbon County Commissioners.
First, I want to make some clarifications in the case and article. This is not about a Right to Know law which is statuatory law made by legislators but about a fundamental right guaranteed in the PA and US Constitutions.
Specifically, it is about the right to petition our government regarding constitutional provision to compete with private business.
Second, what Judge Serfass did in his ruling was to give lip service to guiding constructs of the Declaration of Rights and controlling provisions of the US Bill of Rights and then he nullified them in his decision on July 1st in R Dages Vs. Carbon County.
This is easy to understand if you think like a criminal. Take a moment and switch gears with me. You are a new and ambitious player in the Carbon County government and you have to legitimatize yourself in the establishment with a sacrificial gift or a bold move. What more could you do for your cronies than provide a decision (which he did) which insulates any elected official or government worker who handles our tax money with a precedent that insulates you from investigation.
What Judge Serfass knowingly upheld was that you can take corporate business law and apply it to the government charter in a way never done since Benjamin Franklin. I am arguing that we need to be reattached to our foundations and that as citizens we have been beguiled into change without a referendum. The right of magistrates to interpret as they went out with the feudal lords in the Middle Ages.
Third, consider the legal implications from a business man judge who has just fed his lawyer brothers with Purina attorney chow. New Business: Do we have freedom in America? Let's debate it in court at $125/hr (the assistant DA rate) when we are defended at taxpayer expense for illegal changes that are legislated from the bench.
Robert Dages vs. Carbon County is not me against the world. It is not Republican Vs. Democrat or a highbred conservative controversy. It is however, about an elite corporate establishment vs. and underclass and about the state taking our religion because our civil rights are "endowed to us by our Creator" according to the Declaration of Independence from England in 1776. The oath of office which all judges swear to in order to have their job is from the PA Constitution is to "uphold and defend the Constitution against all enemies foreign and domestic with fidelity."
We are now in the birth pangs of a socialist economy. This new world order cannot be implemented if we have 1) a vibrant middle class who thinks and loves their private property. Packerton Yards is just one example of government competing with private business. Private business cannot compete with the state which makes its own rules with our money and wastes it.
Government should not be in competition with private business. 2) In order to rewrite a culture you must necessarily ruin a landmark like the structure at Packerton. It disorients people. 3) Then it gets replaced with unaccountable state bureaucratic confusion but really it is socialism, i.e. state control, out of the hands of the people with old laws of capitalistic tax structures that still apply to the working class.
Truth of the matter is that my case should really be decided on true constitutional law which is not really law but freedom principles to defend .
But It very well may be decided on the reality that old men like power. If the Commonwealth justices get bought out by very wealthy corporate interests with new entitlements then they undermine those over them in PA Superior Court, who up until now have done their job protecting our civil rights.
According to the Tenth amendment of the United States the federal government cannot eclipse Pennsylvania unless our state government lets them. The United Nations and the Federal government would love to take away our state sovereignty and individual liberty if we give them the opportunity to do so by removing the strong man at the door of our civil rights by removing the "right to petition our government for redress of grievances" (Article 1, section 20 and 25 PA Constitution - Judges do not have by law the authority to take away our civil rights)
Commissioners, where is your constitutional provision to compete with private business? Tell me and I will stop bothering you. It is as simple as that.