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In accordance with the Constitution, commerce must be defended to provide for the wellbeing of citizens

Reclaiming rights of commercial traffic impeded by the feds



Reclaiming rights of commercial traffic impeded by the fedsIncreasing the cost of food, fuel and shelter by design to institute universal human suffering is the focus of a perverse administration and complicit entitled Congress. From Day One, the Biden administration has made its mission to inflict pain and wretchedness among the people whom it insists voted for him in record numbers. The truth of that is rightfully being debated as evidence mounts supporting election misdeeds, none of which has prevented this administration from ratcheting up economic trauma. Core to the hurt levied on Americans is the artificial restriction of energy, whether by forcing the shutdown of domestic production – killing the Keystone XL pipeline, drilling and fracking – or refusal to allow coal, natural gas and oil fueled power plants to operate (citing that emissions don’t meet spurious federal regulations). The economic backlash is felt in every commercial sector from limiting healthcare and food distribution to essentials vanishing from store shelves. Despite current reliance on outsourced merchandise there is still a production base in America that is unable to fill orders due to this administration’s energy restricting policies.

It is past time for states to reclaim their authority to open trade between themselves to perform their mandate of benefiting their citizenry, not indulge illegitimate whims of federal regulators

Interfering with shipping goods (in this case oil and gas via pipelines) between states, blocking Americans’ ability to provide necessities for life, is unauthorized taxation (that regulation imposes) by other powers, including and especially federal agencies. Actions of the Biden administration and unaccountable federal agencies disallowing commerce between states that benefit the constituents of those states amounts to restricting free trade that makes it possible for ‘We the People” (those who empower the government) to achieve “Life, Liberty and the pursuit of Happiness.” Note that the Constitution of the United States is the codification of the Declaration of Independence from which the quote originates. When the federal government denies the natural rights of the People then it is up to the People who are the originators of both states and federal authority, to take back their rightful power to enable free trade that is essential to the wellbeing of the People. That includes all trade, not just certain items and services that an elected or appointed official deems “essential.” That said, it is past time for states to reclaim their authority to open trade between themselves to perform their mandate of benefiting their citizenry, not indulge illegitimate whims of federal regulators (who do not make activities of commerce “regular” but are restricting trade) or pander to the flood of illegal entrants to the country. Servants of the People are not empowered to oppress and deny commercial activities of those who allow them to serve and no union formed among government workers – including cabals between trade unions and government agencies – is legitimate, its sole purpose being the preservation of nonessential restrictions and, in so doing, agency employment that limit and detract from the People’s “Pursuit of Happiness.” It is not the purpose of government “regulation” to decide how and when American citizens may engage in business that enhances the lives and livelihoods of all Americans.

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White House has taken it upon itself to violate both the Fourth and Fifth Amendments

Recalling that the Constitution limits government, the states and the People have reserved to themselves the power to override intrusive and destructive administrative rules generated by federal agencies as the Tenth Amendment makes clear: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Effectively, this White House has taken it upon itself to violate both the Fourth and Fifth Amendments by, in essence performing unreasonable search and seizure of property via application of administrative taxes on all commerce. Purposeful restriction of fuel distribution (bypassing lawful warrants or legislation) adds significant cost, stripping citizens of security in their persons, houses, papers and effects. Actions instituted by the administration abrogates the Fifth Amendment by “depriv[ation] of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Artificially adding a tax to the price of goods by restricting the flow of energy is the taking of private property for so-called public use. Each of these unauthorized actions by the White House is an overreach that places the People in jeopardy of loss of life, liberty and the security of their persons, houses, papers and effects, which the Constitution was specifically written to protect. When bringing Article 2 Section 8 into consideration – “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;” – the administration’s interference in the transport of goods between states demonstrates how purposely detrimental are its policies, particularly in regard to oil, natural gas and coal that provides the essence of life. There is no heat, no food, no transportation, no construction, no manufacturing, no healthcare without energy which indicates why the federal government has seized control over this core building block of America. Yet, the commerce clause does not bestow power to the federal government to prohibit commerce. The term “regulate” means to “make regular” by not impeding commerce with contrived rules to create “equity” among minorities or “protect” fictional victims such as delta smelt and imported wolves by calling them endangered. Randy E. Barnett in a Georgetown University Law Center 2001 article, The Original Meaning of the Commerce Clause, clarifies some issues that have bearing on the imposition of federal regulations regarding this administration’s restraint of trade. Article 1 Section 9: “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.” In Barnett’s discussion of states’ conventions to ratify the Constitution, a good argument is made that Congress has the occasional power to prohibit commerce between individual states and foreign markets but not between states.1

Regulations derived from the Clean Air Act, Clean Water Act, Environmental Protection Act, Endangered Species Act would be found to impose impossible standards that nullify commerce, which the federal government was specifically created to protect and encourage

Application can be made that, in the case of the Keystone XL Pipeline, Congress may weigh in on the transport of oil between Canada and individual states but not interfere with the transport of oil among the several states. And nowhere does the Constitution bestow power upon the presidency to impede or prohibit commerce between the states as was done in the case of prohibiting the construction of the Keystone XL Pipeline. Regarding the pipeline, there is an attempt by the executive to prohibit commerce using Congress’ created framework in multiple acts that essentially regulate trade in and “among the several states.” Congress did not decree the creation of these agencies but permitted their establishment in order to apply concocted environmental standards that protect corporate interests by calling such regulations “environmental protection.” If properly challenged on constitutional grounds it would be clear that regulations derived from the Clean Air Act, Clean Water Act, Environmental Protection Act, Endangered Species Act and others would be found to impose impossible standards that nullify commerce, which the federal government was specifically created to protect and encourage. Example: the EPA was established to control pollution and going further into 40 CFR §1.3, it is “treatment” of waste that the code focuses upon. In the case of the Keystone XL Pipeline there is nothing more than the expectation that waste will be inevitable, not that waste or pollution is proven. Every regulation is based upon biased definitions of pollutants (such as CO2 that SCOTUS defined as poisonous in Massachusetts vs EPA, 2006) explicitly to limit and prohibit trade including “among the several states.”


The United States is not a nation of the government, by the government for the government

Overreach by the executive branch’s application of rules that prevents the People from enjoying the natural rights that the Constitution ensures by limiting government is worthy of challenge, including the abolition of agencies. Time and again Congress has waded into murky waters, undercutting the authority of the People who empowered them to enact laws expected to aid and defend “Life, Liberty and the Pursuit of Happiness.” The White House has continually overstepped the authority vested in the office of President by placing the enigma of “environment” above the interests of the People to be secure in their livelihoods. As state attorneys general prosecute a battle to win back the People’s right to live unencumbered by unreasonable and irrational regulations that are actually prohibitions of commerce and have incurred death, citizens (those who retain power over all government and administrative agencies) must be vocal and engaged. If not, more lives will be at risk as occurred in February 2021 when the acting director of the Department of Energy refused to allow Texas’ ERCOT to fire up power plants in order to preserve life and property. In accordance with the Constitution, commerce must be defended to provide for the wellbeing of citizens. The United States is not a nation of the government, by the government for the government, but as Abraham Lincoln invoked, that a “government of the People, by the People, for the People shall not perish from the earth.” Yet it will disappear from the earth if we do not assert our power over Congress and a presidency that are insistent on this nation’s demise.
  1. The Original Meaning of the Commerce Clause: Pages 44-48/143-147
Related: New York v. United States, 505 U.S. 144 (1992)

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A. Dru Kristenev -- Bio and Archives

Former newspaper publisher, A. Dru Kristenev, grew up in the publishing industry working every angle of a paper, from ad composition and sales, to personnel management, copy writing, and overseeing all editorial content. During her tenure as a news professional, Kristenev traveled internationally as a representative of the paper and, on separate occasions, non-profit organizations. Since 2007, Kristenev has authored five fact-filled political suspense novels, the Baron Series, and two non-fiction books, all available on Amazon. Carrying an M.S. degree and having taught at premier northwest universities, she is the trustee of Scribes’ College of Journalism, which mission is to train a new generation of journalists in biblical standards of reporting. More information about the college and how to support it can be obtained by contacting Kristenev at cw.o@earthlink.net.


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