The Ati-thesis , Marxism


"By that definition, a state capitalist country is one where the government controls the economy and essentially acts like a single huge corporation, extracting the surplus value from the workforce in order to invest it in further production.[3] Friedrich Engels, in Socialism: Utopian and Scientific, argues that state capitalism would be the final stage of capitalism consisting of ownership and management of large-scale production and communication by the bourgeois state.[4]"

Quoted from Wikepedia

Tuesday, November 25, 2014

1977 The Maine Capital Corporation - Seeding The Hegemony


TWEET THIS ! http://goo.gl/bRCfF9


At this moment I am reading a report I received from the Maine Law Library- a report which was used to create The Maine Economic Development Corporation and The Maine Capital Corporation- a private investment corporation chartered by the Maine legislature which offered tax credits for stock. It was chartered contingent to The Maine Development Foundation Corporation.

The Maine Constitution, prohibits the legislature from chartering of corporations by special acts of legislation with an exception for municipal purposes and if the objects of the corporation cannot be otherwise achieved. (Article Iv Part Third Sections 13 & 14)


Article X.Additional Provisions.

Section 3.  Laws now in force continue until repealed.  All laws now in force in this State, and not repugnant to this Constitution, shall remain, and be in force, until altered or repealed by the Legislature, or shall expire by their own limitation.

When originally chartered  the Maine Capital Corporation and The Maine Development Foundation had "sunset laws" providing that each would be phased out at a specified date. The Maine Capital Corporation was phased out. The Maine Development Foundation Corporation still exists today and has generated a network of state corporations. 5 out of six of the recently passed bonds will be channeled through state corporations .

The Report- Governor's Task Force For Economic Redevelopment, Recommended Legislation For An Economic Development Program -110th Congress, 1976 calls for the elimination of local referendums on municipal bond issues

2, eliminate the requirement for a local referendum on municipal bond issues.
The Report- Governor's Task Force For Economic Redevelopment, Recommended Legislation For An Economic Development Program -110th Congress, calls for the elimination of local referendums on municipal bond issues
"2, eliminate the requirement for a local referendum on municipal bond issues."
       According to Marshall J Tinkle,author of The Maine Constitution, a reference manual, in his discussion of the Home Rule Amendment,  legislation previous to 1962's Maine Municipal Industrial Buildings Bonds Referendum, that authorized municipalities to issue bonds for private industrialization was declared unconstitutional because it was not for a public use.



 "As noted in the literature, the amendment ( Home Rule , Section 2 ) makes it clear that general obligations may now be used to assist private industry for certain purposes" .....this section applies only to general obligations of municipalities and not to forms of financing that do not create municipal debt or liability" The Maine Constitution: A Reference manual by Marshall J Tinkle  


BALLODPEDIA shows that 66.31 % of Mainers voted for the Constitutional Amendment:
Maine Proposed Constitutional Amendment No. 2 (1962)
Result
Votes
Percentage
Approved  Yes
147,447
66.31%
No
74,928
33.69%




Once again we find a class of individuals in Maine who feel the constitution. The heads of industry, private collaborators with the Governor of Maine propose to change by statute, that which has been established by the consent of the governed and embedded into the Maine Constitution. The report then recommends that two corporations be chartered by special acts of legislation, which is unconstitutional by Article IV Part Third Sections 13 and 14 of the Maine Constitution and yet the corporations are chartered.
1969 HOME RULE AMENDMENT provides municipalities with the authority to be agents of economic development. Governor Kenneth M. Curtis

Article VIII.

Part Second.

Municipal Home Rule.

Section 1.  Power of municipalities to amend their charters.  The inhabitants of any municipality shall have the power to alter and amend their charters on all matters, not prohibited by Constitution or general law, which are local and municipal in character.  The Legislature shall prescribe the procedure by which the municipality may so act.

Section 2.  Construction of buildings for industrial use.  For the purposes of fostering, encouraging and assisting the physical location, settlement and resettlement of industrial and manufacturing enterprises within the physical boundaries of any municipality, the registered voters of that municipality may, by majority vote, authorize the issuance of notes or bonds in the name of the municipality for the purpose of purchasing land and interests therein or constructing buildings for industrial use, to be leased or sold by the municipality to any responsible industrial firm or corporation.



A second report dated two years later;


REPORT OF THE JOINT STANDING COMMITTEE ON TAXATION ON ITS STUDY OF THE MAINE DEVELOPMENT FOUNDATION
On the basis of its study, the Committee recommends: that the Maine Capital Corporation and its related tax legislation be subject to legislative review during the same period as the Legislature "sunset" review of ·the Maine Development Foundation; and  that the Foundation's statutory purpose of "...promotion of an improved climate for economic development in the State .." be changed to regulate the use of State or other funds available to the Foundation to lobby the Legislature or to advocate to the public a position on initiative and referendum questions. 

Noting that I have in the recent post, Missing Most Of The Economy, referred to Mr Douglas Ray whom the state identifies as a  "legislative liaison" as "a tax payer funded lobbyist for the DECD Corporation". Here you see that the architects creating the foundation stone of the corporate state also  identify Mr Ray's function as a lobbyist. They leave out the part that the lobbyist for the Maine Development Corporation is being funded by taxpayers to lobby the legislature in the interests of "public -private relationships" - code for hegemonic power.


Today, when reading congressional hearings it is remarkable that most of the testimony comes from taxpayer funded lobbyists for the Maine Corporations's subsidiaries- or private members of the "public-private relationships" club.

Recommendations
Whether and to what extent the Foundation ought to be able to implement the statutory purpose of " ...promotion of an improved climate for economic development in the State ..." (10 MRSA §917, sub-§6), and especially the ex­ tent to which the Foundation should be permitted to use State funds or any other resources available to it to lobby the Legislature or to publicly or privately promote its position on a major, controversial issue.The Committee recommends legislation in the first and third areas (a text of the recommended legislation is Appendix 4) :

2. The Committee recommends repeal of the liberal construction clause and revision of the Foundation's purpose clause relating to "creating a climate for economic development." This is to clarify that the Foundation, in creating a climate for economic development, may conduct objective analyses and attempt to develop broad consensus on issues of significance to the economic health of Maine, provided that its activities do not require it to register with the State as a lobbyist employer and that it does not advocate to the public a position on an initiative or referendum question. (emphasis mine)
Commentary Note the careful parsing of the language. The concern is that the Foundation avoid having to register as a lobbyist- NOT that it should not lobby- which indeed it does, if not directly then through it's proxy corporations. And note that it says that it does not advocate to the public a position on an initiative or referendum question- but advocating to the public's alleged representatives at congressional hearings on initiatives and referendum question- that's done all the time ! In fact the "legislative liaisons" of the state's own corporations are the mainstay of testimony at congressional hearings- the legislature's go-to corporations! -As for not lobbying to the public for positions on initiatives- no need for that since most do not make it into the Maine media, and when an initiative is covered by the Maine media, it is seldom done so in a comprehensive manner, often leaving out fundamental facts such as that the limit on the amount of The Expanded and Improved Maine Seed Capital Tax Credit was being expanded by eight-fold!


1977 The Maine Capital Corporation

Investment corporation authorized by.the legislature under 'Title 13-A: MAINE BUSINESS CORPORATION ACT , established in 1971 despite constitutional prohibitions found in Article IV part Third Section 14 prohibiting the legislature from chartering corporations for state purposes. Title 13-A is now repealed as was planned under the sunset laws- but it has been reincarnated throughout the network of Maine State Inc.

The original enabling legislation for the Maine Capital Corporation was passed in l977- the same year that the Maine Development Foundation Corporation was also chartered by special act of legislation.. It was later amended to broaden the purpose of the Corporation and clarify its ability to use a wide range of investment instruments.


The organizational phase of MCC extended over a long period of time, primarily due to the challenge of selling its 10,000 shares of common stock ($1,000,000) to private investors. MCC has never received a direct State appropriation and this meant it had·to find other means for covering its organizational expenses. The stock issue was marketed by the firm of Burgcss & Leith Incorporated for the modest commission of $20,000 plus $5000 expense fee. Burgcss & Leith was assisted by the Maine Development Foundation, (Corporation)which was not compensated for its efforts. 

Tax Consequences

Tax factors related to MCC were detailed on pp. 34-35 of the Offering Memorandum (see Appendix I). The major provision that would affect State.tax revenues was the Maine income tax credit of·fifty percent spread over a minimum of five years, available to investors in MCC's stock. We have no knowledge of which investors have availed themselves of this credit and to what degree. We do know it is instrumental in mobilizing the capital, as intended by the legislature * ( emphasis mine)

This tax credit is capped by a number of features,  all included in the legislation. At a maximum it would be $500,000 spread out over at least five (5) years. As MCC makes more investments, with positive economic consequences, tax benefits to the State will accrue which sooner or later will surpass the costs.- Source Governor's Task Force For Economic Redevelopment, Recommended Legislation For An Economic Development Program -110th Congress, 1976

* Commentary:The Maine Capital Corporation is the precursor to The Financial Authority Of Maine Corporation- which tells us in its charter that “Any benefits accruing to private individuals or associations, as a result of the activities of the authority, are deemed by the Legislature to be incidental to the public purposes to be achieved by the implementation of this chapter- which putting one and one together- it may be deemed incidental to the legislature but the legislature knows it is not incidental to their private partners, which is why the legislature used tax credits to sell stocks in a private corporation.- As for the taxpayers who are footing the bill, as far as I know they were never consulted- consistent with the recommendation found in the Governor's Task Force For Economic Redevelopment year 1976 ie: 2, eliminate the requirement for a local referendum on municipal bond issues. The bill for all of the"financial instruments" used by the Corporation of Maine are simply packaged as "creating jobs" on public referendums for bond issues ( see how the constitution has been bypassed on bond questions HERE)  but whenever the channel of distribution of bond revenue is the corporate network of the state of Maine, the "financial instruments" developed for that corporations's use will be implemented- one such financial instrument being tax credits- which in contemporary legislation are usually identified as refundable tax credits. The basis of this opinion is laid out in the statutes- which is the foundational research source for this blog.


RELATED POSTS

Governor Longley's Architects Of Transformation


Monday, November 24, 2014

Fiscal Information Required by Maine Constitution to Accompany Bond Questions

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Continuing my investigation into the constitutional bond ratification process : This looks like the fiscal information which is constitutionally  required to accompany the bond questions . This information is found on the Maine Treasurer's report to the Maine legislature.
Treasurer Douglass's February 12, 2014 Bond Update to MaineLegislature:
Honorable Members of the 126th Maine Legislature:

Update on General Obligation Bonds: $52M funded to date; $84M total expected in FY2014; $78M requested in Q1 FY 2015
 excerpt:
Here are some additional facts about Maine General Obligation Bonds:
• Maine GO bonds are traditionally structured to mature in 10 years,
with two payments per year after the initial borrowing.
• AU bonds expire after 5 years if not issued, but may be reauthorized
for 2 years by the Legislature.*
• GO bonds are issued by the State Treasurer with the full faith and
credit of the State.
• The State Treasurer has constitutional power to pay debt first out of
revenues.*
• Maine’s Constitution prohibits using bonds to pay for current
operations.*

Constitutional provisions are from Art V, Pt 3, Sec 5 and Art IX, Sec 14.


This paragraph plus the statement at the top of the report looks like the information that constitution requires to accompany the bond questions. Clearly it would not be difficult to include these short paragraphs on the ballot - the simplest and most accessible way to comply with the Maine Constitution
In June 2013, Maine had $104.5 million in outstanding Authorized but Unissued Bonds. In November 2013, voters ratified $150 million in additional bonds. The total Authorized but Unissued Bonds now amount
to $254.5 million. Treasurer's Bond Update to legislature



Article IX.General Provisions.
Section 14.  Authority and procedure for issuance of bonds. 
Whenever ratification by the electors is essential to the validity of bonds to be issued on behalf of the State, the question submitted to the electors shall be accompanied by a statement setting forth the total amount of bonds of the State outstanding and unpaid, the total amount of bonds of the State authorized and unissued, and the total amount of bonds of the State contemplated to be issued if the enactment submitted to the electors be ratified.  

a statement setting forth the total amount of bonds of the State outstanding and unpaid

In June 2013, Maine had $104.5 million in outstanding Authorized but Unissued Bonds.

the total amount of bonds of the State authorized and unissued,

The total Authorized but Unissued Bonds now ( Feb 12, 2014) amount to $254.5 million.

and the total amount of bonds of the State contemplated to be issued if the enactment submitted to the electors be ratified.  

$84M total expected in FY2014; $78M requested in Q1 FY 2015 (see top of report-also this page)


These two paragraphs could almost fit in a tweet- why was it necessary to pass a new statute deeming them to be placed anywhere out side of the voting area?

And am I reading correctly that between June and November of 2013- the bond debt went up 150%? Could this have anything to do with the passing of the "Expanded and Improved Seed Capital Tax Credit" in the fall of 2013 which multiplies the rate at which the legislature can transfer taxpayer money to capitalists by eight-fold- a minor fact not reported in he media?

See Also  

Maine Legislature's Intentional Lack of Transparency Meets the Gruber Model

LEGISLATING A RUN AROUND THE MAINE CONSTITUTION



Friday, November 21, 2014

Made in America VS Global Capitalism


TWEET THIS: http://goo.gl/5OHCL2

In the last election on November 4, Year 2014. Mainer's once again approved all of the bonds asked by the state. Five out of six of these bonds will be distributed through Maine State Inc channels with the DECD Corporation being one the primary channels of redistribution of taxpayer money.


Recently I launched my own crowdfunding website AndersenDesign.biz  dedicated to capitalizing the mold making project which I have been wanting to accomplish for years- in fact my efforts to capitalize a mold making project for our family ceramic business involves the event that brought me face to face with the overlords of Maine's economy. This was the Juice Conference of 2009. If I had not attended that event motivated by finding a way to capitalize the mold-making project, this blog would not exist.


And so in this post I am going to contrast the governing philosophy of Maine State Inc- as it is found in the statutes that established the hegemonic network of "public-private relationships" with the philosophy of The Great American Ceramic Artists Designers Craftsmen's Network, which seeks to go against the grain of  the Maine government instituted  economic agenda by encouraging and supporting a network of American slip casting productions

The operating modality of Maine State Inc is expressed in the Legislative findings used to establish the DECD Corporation:

The findings begin by describing the global capitalist reality in which we exist today. Andersen Design is well aware of this reality as the ceramic industry is one of the first western industries to be affected causing most major ceramics companies with, which Andersen Design competes, to move their production over seas to global low cost labor markets. This is the response to global capitalism which the overlords of Maine's economic development have adopted. They  are in effect mandating that it is the philosophy to be followed by the entire state of Maine for our own good. The overlords who are perpetuating this mandate are the ones who will be redistributing taxpayer funding through  their cleverly designed and intentionally non-transparent system of wealth redistribution. This system serves the top tier of the economy exclusively and it is set up to have the taxpayers finance just about everything from the training of the workers to the payroll taxes of the owners of production and even to reimburse the owners of the means of production their capital investments.

And Maine State Inc has established many Marxist-styled state own manufacturing and research facilities and made sure to include the right to ownership of intellectual property within the statutes chartering the corporations in the state's network-and all of this- every aspect is founded on a philosophy that Maine has to adopt global capitalism as the foundation stone of its economy.

Mini Time Line Of Incremental-ism:State Control over Education & Publicly Funded Workforce






Andersen Design has long been committed to producing our product in the USA. Are we naive? That remains to be seen/ Is the state short sighted? That remains to be seen. In 2013 the Maine legislature passed a statute affirming Maine's friendship with the People's Republic of China- citing as the primary reason business advantages.

Beginning with this statement:


WHEREAS,  the United States and the Republic of China, known as Taiwan, share a most important relationship supported by our common values of freedom, democracy, rule of law and commitment to a free market economy; and…….

My father always told me that the Chinese were not to be trusted. he said they produced their products at too low a price to drive the competition out and once the competition is destroyed, the Chinese will increase their prices. In recent years the Chinese have been putting extended effort into developing a home grown consumer market- using a rather bazaar strategy of constructing entire cities built from scratch by the state on the theory that "build it and the people will move in" The overlords of Maine's economy, ever seeking to emulate the economic success of China are building their own little state planned and governed towns giving these municipalities names like "The Midcoast Regional Redevelopment Authority" and " The Lorring Development". These state governed municipalities not only defy general legal definitions of local and state governments as distinct and separate entities, but it defies the Maine State Constitution, Article IV Part Third Section 14 of the Maine State Constitution, prohibiting the legislature from chartering corporations for state purposes.

Getting back to my point- China is making a concerted effort to develop a home grown consumer market. Will the central managers of Maine's economy ask why? I don't think so. Their entire city is constructed on the philosophy of global capitalism. The hegemonic union of "public-private relationships: is too busy counting its  gold and the view looking backward is so lucrative ! And yet the same banana republic tactics used by the corporation of Maine to drive Norwegian owned company Statoil out of the windmill industry making way for the University Of Maine's  "business consortium",  to take over ownership of that industry, can be used by third world labor markets against the west, whenever those countries no longer need the western consumer market.

So is Andersen Design naive? That remains to be seen. I have visualized a strategy for putting our mold production on line- which I hope you will support HERE- but we are faced with a changing social environment in which it has become popular to support the reconfiguration of the "minimum wage" by conflating it as a "living wage?  The age old American saying "Life doesn't owe you a living (wage) " - or" Each according to their ability" - is threatened to be replaced with the communist meme of "each according to their need"- excepting of course the employer's need to have a fair exchange of value between the what worker delivers and what the employer pays the worker.

If this comes to pass, it will mean that every one who has currently earned their right to a living wage will suddenly find that they are being paid minimum wage, and they too will demand an increase in pay-and rightly so-. The result will be that the wages paid and prices charged throughout the entire system will rise, resulting in a dollar with the purchasing power equivalent to what  we nave now- at best - and so Andersen Design will just raise our own prices as well.

So we shall see, but let it be said, while I do not exclude any possibility of ever having an Andersen Design product produced over seas- it is still our intention to preserve the wonderful work process of creating hand crafted ceramic in the USA- and so my take on factoring in global capitalism is that we were doing very well in the 1980's while competing against products produced in low wage global labor markets- That's looking backward- and looking forward is that the rich of the Chinese culture like to have Western made products. Developing a reputation built on "Made in America" may be an exporting asset- and let it be said that Andersen Design is one of an elite class of American products to have been sold in the Japanese market.

One of my favorite authors is Philip K Dick, an American science fiction author. he wrote a novel called The Man in the High Castle, which I read more than once. The story is placed in an alternate reality in which the Germany won WWII. The United States is divided East Coast and West Coast. The Germans had the East Coast, the Japanese had the West Coast- and nobody cared much about what is called by some "fly-over territory" or "middle America' and so middle America was still American.

In this novel the Japanese are neurotic and the Germans psychotic. The story opens on the west coast of the USA,where there is a craze among the Japanese for collecting "Americana"- which represents to my interpretation, that when the United States is no more, the world will yearn for it- and I think that was a spot-on insight- and still is. And so maybe it is not so naive, even factoring in global capitalism, to be committed to producing a product in America- it's just that our conclusion about how one can respond to global capitalism is the very opposite of what is being advanced by the overlords charged with centrally managing the economy of Maine and using to taxpayers money to implement their vision.

So - If you are not sold on the global capitalist agenda as being the ONLY choice we have -please consider supporting my mold making crowdfunder and you will receive an American made classic at a discounted price and become part of the new evolution!

                                        Click to Order
                                              CLICK To ORDER!

Friday, November 14, 2014

Maine Legislatuer's Intentional Lack of Transparency Meets the Gruber Model


TWEET THIS: http://goo.gl/Dyh8Ql


CONSTITUTION OF THE STATE OF MAINE
2013 ARRANGEMENT
Article X.Additional Provisions.
Section 3.  Laws now in force continue until repealed.  All laws now in force in this State, and not repugnant to this Constitution, shall remain, and be in force, until altered or repealed by the Legislature, or shall expire by their own limitation. (emphasis mine)


In 2013 when the Maine legislature amended the bond ratification process. the bill that was passed and signed into law by Governor LePage  it was written in such away as to do away with  ALL compliance with the constitution at the voting booth:

Article IX.


General Provisions.

Section 14.  Authority and procedure for issuance of bonds.  ........ Whenever ratification by the electors is essential to the validity of bonds to be issued on behalf of the State, the question submitted to the electors shall be accompanied by a statement setting forth the total amount of bonds of the State outstanding and unpaid, the total amount of bonds of the State authorized and unissued, and the total amount of bonds of the State contemplated to be issued if the enactment submitted to the electors be ratified........ 



 http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP1122&item=1&snum=125
"this bill [the Affordable Care Act] was written in a tortured way to make sure CBO [the Congressional Budget Office] did not score the mandate as taxes. If CBO scored the mandate as taxes, the bill dies. Okay, so it’s written to do that. In terms of risk-rated subsidies, if you had a law which said that healthy people are going to pay in — you made explicit healthy people pay in and sick people get money, it would not have passed. . . . Lack of transparency is a huge political advantage. And basically, call it the stupidity of the American voter or whatever, but basically that was really, really critical for the thing to pass. . . . Look, I wish . . . that we could make it all transparent, but I’d rather have this law than not"..Gruber Confession Washington Post


This is exactly what is being done in Augusta and we have a press just as one sided as the press that once was hypnotized by Obama. The Seed Capital Tax Credit- when taking the whole package of incentives put into place by Augusta, into consideration, is not a tax credit at all but a direct cash payout (direct redistribution of wealth to the wealthy). What capitalists is not going to first get his Pine Tree Zone Tax incentives which include up to 100% exemption from personal and corporate income tax before applying for the "Expanded and Improved Seed Capital Tax Credit", which is a refundable tax credit- meaning that if no taxes are owed a direct redistribution of wealth from taxpayers to capitalists is due. And how was the "Expanded and Improved Seed Capital Tax Credit" expanded? One major way was by opening this credit up to out of state investors who don't owe Maine taxes in the first place- so it can't be a "tax credit" for taxes not owed - its a direct transfer of wealth.

What is the "tax credit" called in the fiscal note? It is called a "reduction in revenue" - which can only possibly true for what ever small percentage, if any, that actually are credits against taxes owed, but even then that is a questionable use of language- but clearly Maine's legislature is looking to avoid the use of the word "debt" -for good reason. Since the legislature expanded by eight-fold that amount that can be allocated to this "tax credit" (going unreported in the Maine. media as they unilaterally pressed for the passage of this bill as if Maine would surely fall into a deep recession if not passed) - it means that this year the total amount allocated to the "Expanded and Improved Seed Capital Tax Credit" exceeds the constitutional limit on debt- upon exceeding voter approval is required *- so the tax credit that isn't a tax credit is called a "reduction in revenue" so that it isn't a debt either- it just means that the legislature through its un-elected tzars instructs the taxpayers to refund investors in the means of production large portions of their investment, possibly even MORE than they originally invested- while the investor retains ownership and profits and labor is taxed. Lou Dobbs uses the phrase "taxing labor more than capital" but Maine takes it way beyond that- capital doesn't get taxed- labor gets highly taxed and also pays back the capitalist for his investment!


*   [1] Section 14 deals with debt and the ratification of bonds. It sets a $2,000,000 debt and liability limit except to suppress insurrection, to repel invasion, or for purposes of war and provides conditions for temporary loans to be repaid within 12 months. It mandates that specific fiscal information must accompany bond questions presented on to the electorate and provides further stipulations on the issuing of bonds.[2] Section 14 A-D specifies conditions for insuring loans and bonds.

If you don't think the Maine legislature is doing this intentionally, I went back and checked the new bond ratification statute to see what was in the bill that was voted upon and signed by the Governor. I wanted to see if the word "OR" which makes compliance with the Constitutional requirements optional was in that text.

The word "OR" is not in the text that was voted in by the 2013 legislature and signed by Governor LePage but a paragraph using the word "AND" for the placement of voter instructions (in the voting booth AND outside the guardrail) has been struck out and replaced with instructions which include placing the fiscal information "outside the guardrail" -ie outside the voting area- a dubious stretch to say that it qualifies as "accompanying the bond question- especially when the instructions to include the fiscal statement in the voting booth has been intentionally struck out! The intent could not be clearer- to make the statement less likely to be seen by the voter- granting the corporate state (through which 5 out of 6 bonds will be distributed) more NON-transparent to the public!

Lack of transparency is a huge political advantage ! 
Gruber Confession Washington Post


By the time the bill is officially published in the statutes, the word "AND" has been replaced with "OR" changing the meaning from a mandate to NOT comply with the Maine constitution to making compliance an option !

The question is who made that change? I have written to the Augusta Law Library and included that question in my request for information on the bond ratification laws going back to the 1950's when the requirement for a fiscal statement accompanying the bond question was added to the ballot. How can such a significant wording of a bill passed by the legislature be changed AFTER THE FACT- and still be legal?

Current statutes have many amendments and date back only to 1979- co-incidentally the year the legislature decreed that Maine's economy was not being centrally managed (as it is in Marxist systems) and deemed a new "essential government function" of centrally managing the economy, assigning authority for doing so to them selves and an extended board of un-elected tzars (my word- of course- the authors of the legislation wouldn't tell it like it is). There after in 1981 the legislature passed a statute deeming that if a corporation serves state purposes, then it is not a corporation (Rules for Non-profit Corporations) to deal which Article IV Part Third Section 14 of the Maine constitution which prohibits the legislature from chartering corporations to serve state purposes  - just as today the legislature has devised a way to deal with the constitution's requirements for bond ratification.

Maine people should care because no one else will. We should be asking what all this manipulation and intentional non-transparency is intended to conceal. 

 RELATED POSTS


Tuesday, November 11, 2014

LEGISLATING A RUN AROUND THE MAINE CONSTITUTION


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Administrative law is commonly defended as a new sort of power, a product of the 19th and the 20th centuries that developed to deal with the problems of modern society in all its complexity. From this perspective, the Framers of the Constitution could not have anticipated it and the Constitution could not have barred it. What I will suggest, in contrast, is that administrative power is actually very old. It revives what used to be called prerogative or absolute power, and it is thus something that the Constitution centrally prohibited. 
The History and Danger of  Administrative Law  Philip Hamburger, Columbia Law School

Jonathan Gruber, an architect of Obamacare bragged about how the United States legislature passed ObamaCare , turning over a sixth of the U.S. economy to the government, Gruber admitted that the Obama administration went through "tortuous" measures to keep the facts about the legislation from the American people, including covering up the redistribution of wealth.


The Architects of Obama Care don't have anything over the Maine Legislature which has likewise taken over massive portions of the Maine economy and in the process embedded a vast unconstitutional network of state corporations which redistributes the wealth of the people using equally manipulative ethics codified into statutory law.

5 out of 6 bonds recently voted in by the people of Maine will be distributed through the unconstitutional corporate state network. To avoid having to provide a fiscal statement with the bond questions, In 2013, the Maine legislature passed a statute that says, in effect- You can comply with the constitution- Or you cannot!

I just updated my timeline A Maine Citizen's Journey Through The Statutes of Transformation To Include the following : You can receive the entire timeline , which includes a targeted search of the 2013 legislative session by sending a contribution to mackenzie@andersenstudio.com via Paypal.It is well worth it to see the legislative session as a whole. the timeline includes many mini-timelines of incremental-ism which I show our state has been transformed from the State of Maine to the Corporation of Maine- 5 out of 6 bonds are destined to be processed by corporations chartered in violation of Article IV Part Third Section 14 of the Maine constitution, which I have written at length about on this blog and in my pre-election marathon!

LEGISLATING A RUN AROUND THE MAINE CONSTITUTION

2013 The Maine legislature amends the statute governing the ratification of bond issues. The constitution requires this information to accompany the bond question Article IX Section 14

  • the total amount of bonds of the State outstanding and unpaid,
  • the total amount of bonds of the State authorized and unissued,
  • and the total amount of bonds of the State contemplated to be issued if the enactment submitted to the electors be ratified.

    At this date ( Nov 11 2014) I have put in a request to legislative Law Library for a copy of how this statute read before it was amended in 2013. It appears that it probably stopped right before the word “or” in the last sentence. This deems that the constitutional words “accompanying the ballot” are satisfied by posting the information “outside the guardrail”. The guardrail which separates voters from the rest of the world. The only reason for doing this is to go against the constitutional intent by making the information less accessible to the voter than is stated in the constitution.

§152. Ratification of bond issue; signed statement

In accordance with the Constitution of Maine, Article IX, section 14, the Treasurer of State shall prepare a signed statement, called the Treasurer's Statement, to accompany any question submitted to the electors for ratification of a bond issue setting forth the total amount of bonds of the State outstanding and unpaid, the total amount of bonds of the State authorized and unissued and the total amount of bonds of the State contemplated to be issued if the enactment submitted to the electors should be ratified. The Treasurer of State shall also set forth in that statement an estimate of costs involved, including explanation of, based on such factors as interest rates that may vary, the interest cost contemplated to be paid on the amount to be issued, the total cost of principal and interest that will be paid at maturity and any other substantive explanatory information relating to the debt of the State as the Treasurer of State considers appropriate. To meet the requirement that the signed statement of the Treasurer of State accompany any ballot question for ratification of a bond issue, the statement may be printed on the ballot or it may be printed as a separate document that is made available to voters as provided in Title 21-A, sections 605-A and 651. [2013, c. 131, §1 (AMD).]
SECTION HISTORY
1979, c. 534, §2 (NEW). 2007, c. 515, §1 (AMD). 2011, c. 342, §3 (AMD). 2013, c. 131, §1 (AMD).

This is what it says in Title 21-A, sections 651. .
2. Election materials distributed and posted.  At any time after the materials are received and before the polls are open, the clerk may open the packages or boxes of election materials, break the seals on the packages not marked "ballots," and use the materials for instructional purposes. On election day, the clerk or the election officials must post the voter instructional materials described in section 605-A, if applicable to the election, as follows:
A. In each voting booth: one voting instruction poster prepared under section 605-A; and [2011, c. 342, §22 (NEW).]
B. Outside the guardrail enclosure at each voting place:
(1) At least one voting instruction poster prepared under section 605-A;
(2) One set of sample ballots for each ballot style being used in that voting place;
(3) A list of any declared write-in candidates for that voting district, with the office sought, next to the sample ballots;
(4) One voting rights poster or notice prepared under section 605-A;
(5) One election penalty poster or notice prepared under section 605-A;
(6) One Treasurer's Statement prepared under Title 5, section 152;
(7) One citizen's guide to the referendum election prepared under section 605-A; and
(8) One copy of the Office of Fiscal and Program Review's estimate of the fiscal impact prepared under Title 1, section 353[2011, c. 342, §22(NEW).]
[ 2011, c. 342, §22 (AMD) .]

§353. Explanation of proposed amendments and statewide referenda

With the assistance of the Secretary of State, the Attorney General shall prepare a brief explanatory statement that must fairly describe the intent and content and what a "yes" vote favors and a "no" vote opposes for each direct initiative, bond issue, constitutional resolution or statewide referendum that may be presented to the people. The Office of Fiscal and Program Review shall prepare an estimate of the fiscal impact on state revenues, appropriations and allocations of each measure that may appear on the ballot, within the following time frames: for a direct initiative, within 15 business days after the applicant has given consent to the Secretary of State for the final language of the proposed law; and for a statewide referendum, bond issue or constitutional resolution, within 30 days after adjournment of the legislative session in which the measure was passed. The fiscal impact estimate must summarize the aggregate impact that the constitutional resolution, statewide referendum, direct initiative or bond issue will have on the General Fund, the Highway Fund, Other Special Revenue Funds and the amounts distributed by the State to local units of government. [2011, c. 342, §1 (AMD).]
SECTION HISTORY

1973, c. 625, §3 (AMD). 1979, c. 534, §1 (AMD). 1979, c. 541, §A2 (AMD). 1979, c. 663, §1 (AMD). 1991, c. 837, §A1 (AMD). 2005, c. 316, §1 (AMD). 2007, c. 695, Pt. A, §2 (AMD). 2009, c. 341, §1 (AMD). 2009, c. 462, Pt. D, §1 (AMD). 2009, c. 538, §1 (AMD). 2011, c. 342, §1 (AMD). 


Update Nov 12, 2014!  The link I originally referenced is here ,

THIS IS HOW THE LAW WAS WRITTEN IN 2011- showing the process of incrementalism at play


In this link  part of the sentence

below is struck out:


§152. Ratification of bond issue; signed statement

12 ....To meet the requirement that the signed statement of the Treasurer of State accompany any ballot question for ratification of a bond issue, the statement may be printed on the ballot or it may be printed as a separate document that is


WORDS STRUCK OUT
posted in each voting booth on election day and, in the case of absentee voting, the statement must be made available to each voter  who votes in the presence of the municipal clerk or provided along with the ballot to each absentee voter who does not vote in the presence of the municipal clerk voters as 


19 provided in Title 21-A, sections 605 and 651.

§605-A. Instructions

1. For election officials.  The Secretary of State shall provide the clerk, registrar and election officials of each municipality with printed instructions and information to assist them in performing the requirements of this Title.
2011c. 342, §15 (NEW) .]
2. For voters.  The Secretary of State shall prepare instructional materials and posters and provide them to each municipality to assist voters in registering to vote and in voting.
A. The voting instruction poster must include information on how to mark the ballot, including how to mark a write-in vote; how to replace the ballot if the voter makes a mistake; and how to receive assistance in marking the ballot. It may include other voting information. [2011c. 342, §15 (NEW).]
B. The voting rights poster or notice must contain information advising prospective registrants and voters of their voting rights. [2011c. 342, §15(NEW).]
C. The election penalty poster or notice must contain information regarding penalties for voting law violations. [2011c. 342, §15 (NEW).]
D. The Treasurer's Statement must be prepared according to Title 5, section 152 to accompany ballots containing any statewide bond issues. The Secretary of State shall supply written instructions to each municipality, which may be provided to an absentee voter to indicate where the voter may view the Treasurer's Statement on the Secretary of State's publicly accessible website. [2011c. 534, §13 (AMD).]
E. For each referendum ballot, a citizen's guide to the referendum election must be prepared and include the full text of each measure; the Attorney General's explanatory statement prepared under Title 1, section 353; the Treasurer's Statement prepared under Title 5, section 152; the Office of Fiscal and Program Review's estimate of the fiscal impact prepared under Title 1, section 353; and any public comment submitted pursuant to Title 1, section 354. The Secretary of State must post a citizen's guide to the referendum election on the Secretary of State's publicly accessible website and provide a printed copy to each municipality and to each public library in the State. [2011c. 342, §15 (NEW).]
Each municipality must post the voter instructional materials as described in section 651.

Later I found the same section as it is now published in the Maine Statutes:

§152. Ratification of bond issue; signed statement

In accordance with the Constitution of Maine, Article IX, section 14, the Treasurer of State shall prepare a signed statement, called the Treasurer's Statement, to accompany any question submitted to the electors for ratification of a bond issue setting forth the total amount of bonds of the State outstanding and unpaid, the total amount of bonds of the State authorized and unissued and the total amount of bonds of the State contemplated to be issued if the enactment submitted to the electors should be ratified. The Treasurer of State shall also set forth in that statement an estimate of costs involved, including explanation of, based on such factors as interest rates that may vary, the interest cost contemplated to be paid on the amount to be issued, the total cost of principal and interest that will be paid at maturity and any other substantive explanatory information relating to the debt of the State as the Treasurer of State considers appropriate. To meet the requirement that the signed statement of the Treasurer of State accompany any ballot question for ratification of a bond issue, the statement may be printed on the ballot or it may be printed as a separate document that is made available to voters as provided in Title 21-A, sections 605-A and 651. [2013, c. 131, §1 (AMD).]
SECTION HISTORY
1979, c. 534, §2 (NEW). 2007, c. 515, §1 (AMD). 2011, c. 342, §3 (AMD). 2013, c. 131, §1 (AMD).
Who added the word "OR"  to Title 5, section 152 and when?