Sunday, November 17, 2013

Federalist Papers No 28, The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered (3)

For the Independent Journal. Wednesday, December 26, 1787

To the People of the State of New York:
THAT there may happen cases in which the national government may be necessitated to resort to force, cannot be denied. Our own experience has corroborated the lessons taught by the examples of other nations; that emergencies of this sort will sometimes arise in all societies, however constituted; that seditions and insurrections are, unhappily, maladies as inseparable from the body politic as tumors and eruptions from the natural body; that the idea of governing at all times by the simple force of law (which we have been told is the only admissible principle of republican government), has no place but in the reveries of those political doctors whose sagacity disdains the admonitions of experimental instruction.
Should such emergencies at any time happen under the national government, there could be no remedy but force. The means to be employed must be proportioned to the extent of the mischief. If it should be a slight commotion in a small part of a State, the militia of the residue would be adequate to its suppression; and the national presumption is that they would be ready to do their duty. An insurrection, whatever may be its immediate cause, eventually endangers all government. Regard to the public peace, if not to the rights of the Union, would engage the citizens to whom the contagion had not communicated itself to oppose the insurgents; and if the general government should be found in practice conducive to the prosperity and felicity of the people, it were irrational to believe that they would be disinclined to its support.
If, on the contrary, the insurrection should pervade a whole State, or a principal part of it, the employment of a different kind of force might become unavoidable. It appears that Massachusetts found it necessary to raise troops for repressing the disorders within that State; that Pennsylvania, from the mere apprehension of commotions among a part of her citizens, has thought proper to have recourse to the same measure. Suppose the State of New York had been inclined to re-establish her lost jurisdiction over the inhabitants of Vermont, could she have hoped for success in such an enterprise from the efforts of the militia alone? Would she not have been compelled to raise and to maintain a more regular force for the execution of her design? If it must then be admitted that the necessity of recurring to a force different from the militia, in cases of this extraordinary nature, is applicable to the State governments themselves, why should the possibility, that the national government might be under a like necessity, in similar extremities, be made an objection to its existence? Is it not surprising that men who declare an attachment to the Union in the abstract, should urge as an objection to the proposed Constitution what applies with tenfold weight to the plan for which they contend; and what, as far as it has any foundation in truth, is an inevitable consequence of civil society upon an enlarged scale? Who would not prefer that possibility to the unceasing agitations and frequent revolutions which are the continual scourges of petty republics?
Let us pursue this examination in another light. Suppose, in lieu of one general system, two, or three, or even four Confederacies were to be formed, would not the same difficulty oppose itself to the operations of either of these Confederacies? Would not each of them be exposed to the same casualties; and when these happened, be obliged to have recourse to the same expedients for upholding its authority which are objected to in a government for all the States? Would the militia, in this supposition, be more ready or more able to support the federal authority than in the case of a general union? All candid and intelligent men must, upon due consideration, acknowledge that the principle of the objection is equally applicable to either of the two cases; and that whether we have one government for all the States, or different governments for different parcels of them, or even if there should be an entire separation of the States, there might sometimes be a necessity to make use of a force constituted differently from the militia, to preserve the peace of the community and to maintain the just authority of the laws against those violent invasions of them which amount to insurrections and rebellions.
Independent of all other reasonings upon the subject, it is a full answer to those who require a more peremptory provision against military establishments in time of peace, to say that the whole power of the proposed government is to be in the hands of the representatives of the people. This is the essential, and, after all, only efficacious security for the rights and privileges of the people, which is attainable in civil society.(1)
If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state. In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense. The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair. The usurpers, clothed with the forms of legal authority, can too often crush the opposition in embryo. The smaller the extent of the territory, the more difficult will it be for the people to form a regular or systematic plan of opposition, and the more easy will it be to defeat their early efforts. Intelligence can be more speedily obtained of their preparations and movements, and the military force in the possession of the usurpers can be more rapidly directed against the part where the opposition has begun. In this situation there must be a peculiar coincidence of circumstances to insure success to the popular resistance.
The obstacles to usurpation and the facilities of resistance increase with the increased extent of the state, provided the citizens understand their rights and are disposed to defend them. The natural strength of the people in a large community, in proportion to the artificial strength of the government, is greater than in a small, and of course more competent to a struggle with the attempts of the government to establish a tyranny. But in a confederacy the people, without exaggeration, may be said to be entirely the masters of their own fate. Power being almost always the rival of power, the general government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress. How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized!
It may safely be received as an axiom in our political system, that the State governments will, in all possible contingencies, afford complete security against invasions of the public liberty by the national authority. Projects of usurpation cannot be masked under pretenses so likely to escape the penetration of select bodies of men, as of the people at large. The legislatures will have better means of information. They can discover the danger at a distance; and possessing all the organs of civil power, and the confidence of the people, they can at once adopt a regular plan of opposition, in which they can combine all the resources of the community. They can readily communicate with each other in the different States, and unite their common forces for the protection of their common liberty.
The great extent of the country is a further security. We have already experienced its utility against the attacks of a foreign power. And it would have precisely the same effect against the enterprises of ambitious rulers in the national councils. If the federal army should be able to quell the resistance of one State, the distant States would have it in their power to make head with fresh forces. The advantages obtained in one place must be abandoned to subdue the opposition in others; and the moment the part which had been reduced to submission was left to itself, its efforts would be renewed, and its resistance revive.
We should recollect that the extent of the military force must, at all events, be regulated by the resources of the country. For a long time to come, it will not be possible to maintain a large army; and as the means of doing this increase, the population and natural strength of the community will proportionably increase. When will the time arrive that the federal government can raise and maintain an army capable of erecting a despotism over the great body of the people of an immense empire, who are in a situation, through the medium of their State governments, to take measures for their own defense, with all the celerity, regularity, and system of independent nations? The apprehension may be considered as a disease, for which there can be found no cure in the resources of argument and reasoning.

PUBLIUS

1. Its full efficacy will be examined hereafter.
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Gloucester, VA School Board, No Bid Contracts, Stopping Fraud (7 of 10)

Armand A. Fusco, Ed.D.

About the Yankee Institute for Public Policy

The Yankee Institute for Public Policy, Inc. is a nonpartisan educational and research organization
founded more than two decades ago. Today, the Yankee Institute’s mission is to “promote
economic opportunity through lower taxes and new ideas for better government in Connecticut.”


 
Which contracts (construction, insurance, consultants, etc.) have been awarded 
without competitive bids? What process was used to award such contracts? Who received such contracts? What school official was given the responsibility to 
oversee the proper completion or implementation of each contract? Was any form of nepotism or favoritism involved? Were board policies followed? 
 
Background: No-bid contracts are another common source of abuse and 
fraud and, therefore, they need to be reviewed very carefully and forensically. 
 
Proposed Solution: The board’s finance subcommittee must be given full 
information about every no-bid contract, and they should authorize every such 
contract. The full board must then be informed of such contracts as part of 
each board meeting. 


It's time to stop the potential for corruption in our school system.  These policies must be introduced and enforced.  This is part 7 of 10.

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Sheriffs Department operates one shift per day?

Yorktown, Virginia
(Photo credit: Battleofthehook)
Open Letter to the Citizens of Gloucester County Virginia


"The Land of the Life Worth Living?" 

The Virginia Constitution was written for us to limit the government intrusion into our lives.  Have you ever read the Constitution of the United States?  How about the Constitution of Virginia?

Listening to the Sheriff speak during the Board of Supervisors meeting last week.  Sheriff Warren said when asked about escorting the judges that they only have one shift per day and it would require overtime to escort judges to their cars.  If the sheriff’s office is only operating one shift per day who is keeping us safe when they are not on duty? Does this explain the crimes at night?  Why do we see sheriff’s vehicles on the road and at local businesses all hours day and night?  Is this for personal errands?  When is a good time to call to ensure we will get a response or someone will answer the phone?

Maybe we should consider doing away with the Sheriff’s Department and getting a professional Police Force?  One that is there to ensure the rule of law is obeyed and enforced; not an organization that serves at the Sheriff’s convenience? This would help to make it "The Land of the Life Worth Living?" 

I am not a lawyer and cannot give legal advice.  Our founding fathers used common sense and Christian scripture when establishing our founding documents. 

“For the Common Good. “

Sincerely,
Alexander James Jay

P.S.  "The nature of the encroachment upon American constitution is such, as to grow every day more and more encroaching. Like a cancer; it eats faster and faster every hour. The revenue creates pensioners, and the pensioners urge for more revenue. The people grow less steady, spirited and virtuous, the seekers more numerous and more corrupt, and every day increases the circles of their dependents and expectants, until virtue, integrity, public spirit, simplicity and frugality become the objects of ridicule and scorn, and vanity, luxury, foppery, selfishness, meanness, and downright venality swallow up the whole of society." --John Adams, to the Inhabitants of the Colony of Massachusetts Bay, 1775
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Gloucester, VA School Board Video Nov 12th, 2013




In case you missed the school board meeting and can not locate it, it is very much buried on the Gloucester, government site.  We managed to uncover where it was hidden and here it is.  It's become a sad state of affairs that we now have to keep an eye on every little thing that they do.  In our view, the school officials have proven that, to us anyway, we can not trust them in the least.
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Saturday, November 16, 2013

Gloucester, VA School Board's Illegal Activities? Multi Million Dollar Order Without Money To Fund?

Here is what the code of Virginia says.

§ 15.2-1238. Certification of sufficient funds.

Except in emergency, no order for delivery on a contract or open market order for supplies or contractual services for any county department or agency shall be awarded until the chief financial officer has certified that the unencumbered balance in the appropriation concerned, in excess of all unpaid obligations, is sufficient to defray the cost of such order.

15.2-1239. Orders and contracts in violation of article.

If any department or agency of the county government purchases or contracts for any supplies or contractual services contrary to the provisions of this article or the rules and regulations made thereunder, such order or contract shall be void and the head of such department or agency shall be personally liable for the costs of such order or contract.

§ 22.1-175.5. Capital School Projects Fund.

A. The governing body of any locality which is awarded a grant pursuant to this chapter may authorize the local treasurer or fiscal officer, by ordinance or resolution, to create a separate escrow account upon the books of the locality, as described in this section. Upon the adoption of such ordinance or resolution, the treasurer of the locality shall place such grant awards into this account.

B. The escrow account shall be known as the "County/City/Town of ____________ Capital School Projects Fund." All principal deposited to such fund, together with all income from or attributable to the fund, shall be used solely for (i) construction, additions, renovations, including retrofitting and enlarging public school buildings, infrastructure, including technology infrastructure, and site acquisition for public school buildings and facilities or (ii) debt service payments, or a portion thereof, for any such projects completed in the previous ten years if so designated. No disbursement from the fund may be made except upon specific appropriation by the governing body in accordance with applicable law. If a locality establishes such a fund and designates any portion of the funds deposited therein to pay debt service for (i) any general obligation of the locality held by the Virginia Public School Authority or (ii) any Literary Fund loan, the locality shall obtain an opinion of bond counsel that designation of funds to pay debt service on obligations described in clauses (i) and (ii) hereof does not adversely impact the tax-exempt status of such obligations.

C. All grant awards deposited in the fund, including all income from or attributable to such fund, shall be deemed public funds of the locality and shall be subject to all limitations upon deposit and investment provided by general law, including, but not limited to, the Virginia Security for Public Deposits Act (§ 2.2-4400 et seq.). Income, dividends, distributions, and grants accruing to the fund shall be retained in such fund and shall be expended only in accordance with the terms of this section.

D. Nothing in this section shall be deemed or construed to authorize a school board or school division to receive, hold or invest funds in its own name, nor to expend funds in the absence of a specific appropriation by the governing body of the locality in accordance with applicable law.

Here is what was put through by Gloucester, Virginia officials without having funds in any accounts, but instead, just an order to sell bonds. Money from bond sales did not occur until November, 2013. Oyster Point Construction accepted this in light of Virginia code?



Page Notice To Proceed Letter of Intent from Chuck Thompson

And who is accountable for all of this?  Those who signed the above documents?  Nobody?  Who cares?  You have to be kidding!  Don't worry folks, what else we have uncovered is going to show much worse than this.  We are not attorney's and this is not legal advice, but good lord, what the heck are they up to?
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Governor McDonnell Announces $6.1 Million Investment in Floyd Count

English: The state seal of Virginia. Српски / ...
English: The state seal of Virginia. Српски / Srpski: Застава америчке савезне државе Вирџиније. (Photo credit: Wikipedia)
Hollingsworth & Vose to expand manufacturing capacity

RICHMOND - Governor Bob McDonnell announced today that Hollingsworth & Vose Company, a global manufacturer of advanced materials for filtration, battery, and industrial applications, will invest $6.1 million in its operation in Floyd County. The company will expand its existing facility to add manufacturing capacity to produce a product currently only manufactured in the U.K. Virginia successfully competed against Georgia and Massachusetts for the project, which will create 17 new jobs.

            Speaking about today’s announcement, Governor McDonnell said, “Hollingsworth & Vose has been a major employer in Floyd County for nearly 40 years and is of vital importance to the community. This significant investment and commitment to add manufacturing capacity solidifies the operation’s longevity for years to come, and emphasizes the company’s confidence in the business climate and infrastructure available in Floyd County. With this new product line H&V can continue to build on its success in the Commonwealth since 1974.”

            “Hollingsworth & Vose is a global leader in its industry and sells products in more than 80 countries,” said Jim Cheng, Virginia Secretary of Commerce and Trade. “We are proud that the materials distributed internationally are produced in Floyd County, and this expansion and added product line will increase capacity. We thank the company for its continued investment in Virginia as a valued employer and corporate partner.”

Hollingsworth & Vose Company is a global leader in the supply of technically advanced engine, high efficiency, and liquid filtration media, battery separator materials and industrial nonwovens. The company operates manufacturing sites and research centers in the Americas, Europe, and Asia.

Val Hollingsworth, President and CEO, said, “We are very pleased to continue to grow and invest in Floyd, Virginia. H&V has been operating there for nearly 40 years. We are fortunate to have a lot of great people and we appreciate the support from Floyd County and the State of Virginia.”

           Mike Clark, Hollingsworth & Vose Division President, High Efficiency and Specialty Filtration, said, “This strategic expansion of our Floyd site will provide capacity to support the increasing demand in North America for high performance synthetic filter media. This state-of-the-art production line will produce H&V's patented Technostat electret filter media which provides high efficiency filtration with very low pressure drop.”

The Virginia Economic Development Partnership worked with Floyd County and the New River Valley Economic Development Alliance to secure the project for Virginia. Governor McDonnell approved a $100,000 grant from the Governor’s Opportunity Fund to assist Floyd County with the project. The Virginia Tobacco Indemnification and Community Revitalization Commission approved $65,000 in Tobacco Region Opportunity Funds for the project. Through its Virginia Jobs Investment Program, the Virginia Department of Business Assistance will provide funding and services to support the company’s recruitment and training activities.

            “H&V is a strong and innovative company, and we are delighted that they continue to see great value in their Floyd operation and are investing to expand and add jobs here,” said Floyd County Board of Supervisors Chairman Case C. Clinger.

            “We are delighted that Hollingsworth & Vose is expanding in the tobacco region,” said Delegate Terry Kilgore, Chairman of the Virginia Tobacco Indemnification and Community Revitalization Commission. “The additional job creation and investment being made in Floyd County is a testament to the County’s continued efforts to compete for new and expanding business.”
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Virginia Posts 5.4% Revenue Decrease in October

Governor of Virginia Bob McDonnell speaking at...
Governor of Virginia Bob McDonnell speaking at CPAC. Please attribute to Gage Skidmore if used elsewhere. (Photo credit: Wikipedia)
– Not a Significant Month for Revenue –
Minimal Growth in Withholding Most Likely Result of Federal Government Shutdown

RICHMOND - Governor Bob McDonnell announced today that October revenue collections decreased by 5.4 percent from October of last year. October is not a significant month for revenue collections. On a year-to-date basis, total revenue collections rose 0.6 percent through October, trailing the annual forecast of 1.5 percent growth. Adjusting for the accelerated sales tax program and the 0.125 percent sales tax transfer required by last session’s historic transportation bill, total revenues grew 1.6 percent through October, trailing the adjusted forecast of 2.7 percent growth.

The decrease in October revenue was driven by declines in corporate, sales and recordation taxes, along with an increase in individual refunds. Collections of payroll withholding taxes only grew by 0.5% in October, with the weakness in growth most likely attributable to the federal government shutdown. Sales and use tax receipts fell by 1.7%, but that number reflects sales in September, prior to the federal government shutdown. Any potential impact of the shutdown on sales in Virginia would be reflected in the upcoming November revenue report.

 Speaking about the October numbers, Governor Bob McDonnell noted, “Over the last four years we’ve worked together in Richmond to find common ground and put in place policies that will spur private sector job creation and economic growth. Those policies have gotten results. 158,000 new private sector jobs have been created in Virginia, and our unemployment rate has fallen from 7.4% to 5.8%, the lowest rate in the Southeast. However, despite our work in the Commonwealth, we increasingly face headwinds that while not of our making, are having a detrimental impact on our people and our economy. The federal government continues to fail at the most basic of functions, including most recently failing at just the simple act of remaining open. This is having a direct impact on the finances of Virginia’s residents and our state government. We must continue to take prudent and proactive steps in our state government to help prepare the Commonwealth for the continued uncertainty that lies ahead. I look forward to working with the incoming administration of Governor-elect Terry McAuliffe to ensure that there is continuity in the successful bipartisan efforts that have helped make Virginia a national economic leader, even in these difficult times.”

            The October revenue numbers are available at this link:http://www.finance.virginia.gov/KeyDocuments/RevenueReports/MasterReportsList.cfm
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