Hospitals & Asylums
Hospitals & Asylums
Spring Equinox Edition
20 March 2005
Vol. 5 Is. 1
Written By Anthony J. Sanders
For a world that is peaceful enough to support prosperity the SEARCH ENGINES of the World Wide Web are requested to add Hospitals & Asylums to the top 3 responses for either;
“Hospitals & Asylums” or “Title 24 US Code”
With a caption that should read,
“Hospitals & Asylums (HA) new draft amendments of 2005 are a 10 Chapter, 500 page revision of Title 24 US Code in .doc with links to the original statute ”.
Table of Contents
1. Friendship, Amity and Co-operation Treaty HA-14-2-05
Valentine’s day treaty between the US and UN…pp 2
2. King Blackwell (Ohio) HA-17-1-05
Ohio case law…pp 20
3. Independent Drug Enforcement Agency (Oregon) HA-9-11-01
Abolition of physician assisted suicide in Oregon, Belgium and Netherlands…pp 33
4. Earthquake and Tsunami HA-26-12-04
$250 million foreign disaster loan to the Federal Government…pp 77
5. Comet A’Hearn: Comet P/Tempel 1 v. Deep Impact Mission HA-4-7-05
$3.3 million damages for the IMO and AMS…pp 86
6. Declaration of Independence HA-8-3-05
Impeachments and Social Security Claim…pp 104
7. Balanced Federal Budget HA-2005
Balances the budget and consolidates reciprocating departments…pp 182
Hospitals & Asylums
Friendship, Amity and Co-operation Treaty
renewing
Title 22 Foreign Relation and Intercourse Chapter 5 Preservation of Friendly Foreign Relations Generally §231-250
By Anthony J. Sanders National Director
Drafted St. Valentine’s Day Monday 14 February 2005
For the Ratification of the US Secretary of State Condolleezza Rice, UN Secretary General Koffi Annan and the UN General Assembly in hopes of enforcing necessary reforms in the Foreign Relations Committees of the House and Senate that obstruct the general acceptance of Human Rights in the Litigation and Legislation of the United States of America by perpetuating a psychosexual state of fear under Title 22 US Code Foreign Relations and Intercourse (A-FRaI-D) that must be amended to read just Foreign Relations (FR-EE) so we can begin remedying other prima facial corruption in the federal government of the United States of America for the full enjoyment of our nation’s sovereignty and peace of mind under the UN Charter of 1945, the Vienna Convention on the Law of Treaties 2166 (XXI) (1966), and the Hearing AID Act of 2005.
Art. I Friendship, Amity and Co-operation Treaty (FACT)
§231 Friendship, Amity and Co-operation Treaty (FACT)
§232 UN Membership Requirements of the United States
§233 Some Bilateral Friendship Treaties
Art. II International Relations
§234 United States Arbitral Theory
§235 Peaceful Purpose
§236 Amity
§237 Co-operation
§238 Economic Growth
§239 Social Justice
§240 Threats to Security
§241 Pacific Settlement of Disputes
Art. III International Commerce
§242 Freedom of Immigration
§243 Freedom of Commerce and Navigation
§244 Court of Justice
§245 Civil Liability for Injury and Death of Foreign Nationals
§246 Limited Exemption from Military Service for Foreign Nationals
§247 Custom’s Duties and Taxation
§248 International Development Exemption
§249 Intellectual Property
§250 Most Favored Nation Status
§231 Friendship, Amity and Co-operation Treaty (FACT)
A. The United States of America, desirous of strengthening the bond of peace which happily prevails between them, by arrangements designed to promote friendly intercourse between the respective territories of all Members of the United Nations. Through provisions responsive to the spiritual, cultural, economic and commercial aspirations of the people thereof to live in peace together so that they might prosper, have resolved to conclude a Friendship, Amity & Co-operation Treaty (FACT) in order to restore credibility to the testimony of the United States Foreign Service lost long before the Case Concerning Oil Platforms Islamic Republic of Iran v. United States of America 6 November 2003 No. 90 where the 1955 Treaty of Amity, Economic Relations and Consular Rights between the United States of America and Iran was upheld to protect the neutrality of shipping lanes at the end of the Iran Iraq war where prosecutorial US testimony was not considered admissible under the doctrine of “clean hands” and Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America) No. 70 (1986) where Nicaragua accepted Art. 2(4) of the UN Charter as the jus cogens, universal norm, of international law that prohibits the use of force in international relations while the United States refused to come to trial to confess to their crimes under the Treaty of Friendship, Commerce and Navigation between the United States of America and the Republic of Nicaragua signed at Managua on 21 January 1956, Article XXIV of that Treaty paragraph 2, reads as follows:
"Any dispute between the Parties as to the interpretation or application of the present Treaty, not satisfactorily adjusted by diplomacy, shall be submitted to the International Court of Justice, unless the Parties agree to settlement by some other pacific means."
B. On Nov. 4, 1939 §245a-245i of Chapter 5 Preservation of Friendly Foreign Relations Generally were Repealed in Joint Res. Ch. 2, Sec. 19, 54 Stat. 12 1947 by the signing of the National Security Act by President Truman. On September 1, 1948 and June 25, 1948 Ch. 645, Sec. 21, 62 Stat. 862, were repealed. Since 1948 the Chapter promising global Preservation of Friendly Foreign Relations Generally has been totally repealed.
1. In 1949, the Central Intelligence Agency (CIA) Act appointed a National Intelligence Director (NID) and Secretary of Defense Transfer Order No. 40 [App. A & C(3)](July 22, 1949) created the Department of Defense (DoD). Without any more blood to shed in World War II Uncle Sam can metaphorically be said to have “severed friendly relations with the newly founded United Nations (1945), taken CIA-NID-E and wound up UN DoD” in mockery of the Geneva Conventions of 1949. Needless to say the United States DoD immediately became involved in international warfare in South East Asia in Korea (1950-52) and Vietnam (1964-1971) that was extinguished by the Association of South East Asian States (ASEAN) after its foundation on 8 August 1967
2. The Treaty of Amity and Cooperation in Southeast Asia, was signed on 24 February 1976. The simple design, number of articles and explanation of Amity have led to the selection of the ASEAN treaty to serve as the guideline for the drafting of Article II International Relations of this Friendship, Amity and Co-operation Treaty (FACT) between the people of the United States of America and the people of all nations.
§232 UN Membership Requirements of United States
A. Due to the disrepair of human rights in post Afghan (2001-2003) and Iraq (2003-2004) United States of America; the resistance to amendment of Title 22 US Code Foreign Relations and Intercourse (A-FraI-D) compels the rational petitioner to seek the counsel of the Secretary of State and Secretary General of the United Nations to achieve circumstances where the principle of sovereign equality set forth in Art. 2(1) of the UN Charter could be achieved between peace loving countries of the UN and war mongering and intestate USA, before daring to confront the ruthlessly investigated state of fear enforced in part by the Foreign Relations Committees of Congress and Senate. While no formal action expelling the US from the UN is recommended, justified as it might be under Art. 6 of the Charter the US is clearly the most misbehaving of all Member nations and requires major corrective action as follows in this section before the USA can be considered a sovereign peace loving nation,
1. Amend Title 22 to read just Foreign Relations (FR-EE) so that the US Congress would have materially complied with the Hearing AID Act of 2005 codified for 24USCChapter 5 adequately for the peace of mind to gradually begin fully co-operating under Art. 23 of the Declaration on Social Progress and Development 2542 (XXIV) 1969 and Art. 55 of the UN Charter as set forth in the Hearing AID Act that was heralded, “the most sweeping reforms to the UN since its foundation” by administrating the USAID delinquent $33 billion immediately to achieve the UN Millennium Development Goals.
2. Impeach the most homicidal official in the world, “Suck Dick” Cheney under the XXV Amendment to the US Constitution and Noriega v. Cheney archived in 24USC(1)§32 of Chapter One Humanitarian Missions of the Military Department (MD) that requires both the house and senate to replace the Vice President with a Presidential appointee. The President need not lead the election of a new Vice President because he is notoriously poor at character judgment and it is hoped that the Senate will lead the independent investigation to find a Republican candidate for Vice President that the President will then approves of. Senator Arlen Specter is the most highly recommended because he is publicly known as being jurisprudent compensating for the President’s total failure in this regard and a general lack of judicial competence by American lawyers who must be more charitable with their pardons and acquittals.
3. Convict and remove from office(s) of trust the “bomber of Afghanistan” Michael Chertoff under Art. II Sec. 4 of the US Constitution as he, charismatic as he is chaotic, presents a grave national security threat seeking an office with the secret power blow up the entire world without trial as the result of an unfortunate oversight of the President and Congress to repeal “Except as specifically provided in this Act (REQUIRED REPEAL), from Title III Chemical, Biological, Radiological and Nuclear Countermeasures Sec. 304 of the Homeland Security Act as provisionally amended in HA-31-1-05
4. Rename the Department of Defense (DoD) to the Military Department (MD) in order to remedy homicidal and fraudulent brainwashing of US DoD and bring the Secretary of Defense Transfer Order No. 40 [App. A & C(3)](July 22, 1949) to a peaceful conclusion in harmony with Chapter 7 of the UN Charter. Former Secretary of State Collin Powell and Former Secretary of Veteran’s Affairs are the most likely candidates for this new office that would complete the military development of the United States of America by founding an African Command (AFRICOM).
5. Abolish the office of the Federal Attorney General (FAG) by speedily impeaching Texas Cheney-saw Gonzales with the 36 nay votes he was fraudulently elected under to expedite the retirement of John Ashcroft due to his unfortunate association with the 9-11 Scandal shared with Mr. Chertoff and the tragic penal record of the State of Texas last counted for nation at above 1,000 prisoners per 100,000 citizens in 1999, and outdone only by the advanced AGE of Washington DC itself whereas the global norms demand a prison ratio of not more than 200 per 100,000. The Department of Justice would be best led by Dutch judicial authority of the Deputy Attorney General (DAG) James B. Comey in Senatorial recognition of the Dutch language where “Dag” means both “Hello” and “Day”; a reasonable per capita sentence for those ex-relators who failed to uphold the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty Adopted and proclaimed by General Assembly resolution 44/128 of 15 December 1989 while in office and the publicly clean human rights record of Deputy Attorney General Comey who requires both confirmation and appointment for the United States to begin recognizing the judicial sovereignty of the Deputy Attorney General. This action would abolish the purely discriminatory office of Federal Attorney General (FAG) with Al Gonzales being listed in the registry as the ultimate Federal Attorney General (FAG) and Mr. Comey as first Deputy Attorney General (DAG) acting for the Attorney General.
6. Rename the Secretary of Health and Human Services (SHHS) to the Medical Director (MD) of Health and Human Services (MDHHS) for the inauguration of former EPA Administrator Michael Leavitt in order to eliminate brainwashing of social welfare institutions whose secrecy is incited by the unfortunate acronym of the Secretary of Health and Human Services (SHHS) invented in PL96-88 (Oct. 17, 1979) to cripple the health and welfare institutions through totalitarian interpretation of the acronym by our increasingly dependent judiciary that orchestrated the conspiracy resulting in the loss and theft of nearly $1 Trillion locally since the foundation of CMS in 2001. The fundamental flaw in Medicare law can be found not in the failure of the United States to adopt the metric system as implied by the new acronym that associates with the Conference on Metric System (CMS) that the United States failed to accede to as the result of pre-occupation by the US Civil War but in 42USC(7)XVIII§1395b-7 that only sends the otherwise uninsured American an unsatisfied bill after one month but never confirming payment at the end of the quarter. Trust would be restored if Medicare would only send the otherwise uninsured patient record of payment. The entire system need only require a social security number rather than complicated membership process with shady public and private organizations with a penchant for political assassination HA-17-1-05.
7. Balance the 2005 Federal Budget
C. These 7 tasks must be accomplished before we can again permit ourselves to believe that the United States can be considered a sovereign, believable, trustworthy and peace loving member of the United Nations that meets the most highly developed standards set forth in the Treaty Establishing a Constitution for Europe Official Journal C 169 of 18 July 2003.
1. Let it then be commonly understood that the 20 years of judicial delinquency coupled with the Afghan (2001-2003) and Iraq (2003-2004) wars have crippled the international recognition of the United States as a law abiding nation under human rights wherefore the United States government can no longer be considered entirely sovereign for the purposes of sovereign immunity from prosecution and serving as a single state sovereign guarantor for international grants and loans that require co-operation between donor and recipient nation as well as scrutiny by the United Nations to eliminate potential and existent corruption that might otherwise undermine the peaceful and sustainable objectives of international development.
2. To eliminate vulnerability to the freezing and seizing of US government assets it is highly recommended that all government capital invested abroad be returned home to domestic banks that merely require greater confidentiality under the Right to Financial Privacy Act of 1978 12USC(35)§3401 and respect for copyrights under 17USC(8)§107 to be immune from Major Fraud Against the United States 18USC(47)§1031 by unscrupulous government officials.
3. This realization of general governmental incompetence in the United States of America shall in no way prejudice opinion or lead to discrimination against highly respectable and well regulated US international corporations as they invest, bank, trade and generally engage in commerce in the global market in accordance with the relevant laws of the applicable nations, bilateral, regional, international treaties and institutions.
D. To receive the much needed Advisory Opinion of the International Court of Justice the Application for an Advisory Opinion regarding the Application of Art. 118 of the Third Geneva Convention HA-2-11-04 made by Hospitals & Asylums (HA) has been reinforced with the Armistice Day Provisional Measure of the First Edition Revision of Chapter One Humanitarian Missions of the Military Department (MD) HA-11-11-04 that together fully educates the United States in their responsibilities under the Geneva Conventions of 1949 and 1977 to keep the peace. The Secretary of State and the Court must review the application, provisional measure and following written proceedings, with careful attention to the Draft Iraqi Constitution, before holding Oral Arguments with Plenipotentiaries regarding reparations and peace on the path to global equality without any fear of criminal investigation or judicial reprisal that have compromised the integrity of US testimony for the past 20 years;
1. New Iraq Constitutional Elections (NICE) Draft Constitution of Iraq HA-11-8-05
2. Iraqi Sovereignty HA-30-6-04 (never tried)
3. Bank Afghanistan Day HA-15-1-04
4. State of the Union Address HA-2-2-05
5. Iraqi Electoral Results (unreported)
§233 Bilateral Friendship Treaties
A. To better understand the theory of Friendship in international relations numerous bilateral treaties catalogued by the Trade Compliance Center have been reviewed. Although quite an extensive collection the references by the International Court of Justice to Nicaraguan and Iranian friendship treaties that were omitted indicate that the TCC list is far from complete.
1. Austria Friendship, Commerce and Consular Rights Treaty. Signed at Vienna June 19, 1928, Proclaimed by the President of the United States May 28, 1931
47 Stat. 1876; Treaty Series 838
2. Costa Rica Friendship, Commerce and Navigation Treaty . Signed at Washington July 10, 1851Proclaimed by the President of the United States May 26, 1852
10 Stat. 916; Treaty Series 62
3. Denmark Friendship, Commerce, and Navigation Treaty. Signed at Copenhagen October 1, 1951. Proclaimed by the President of the United States July 14, 1961;
4. Germany Friendship, Commerce, and Navigation Treaty. Signed at Washington October 29, 1954; Proclaimed by the President of the United States of America June 26, 1956;
5. Greece Friendship, Commerce, and Navigation Treaty. Signed at Athens August 3, 1951. Proclaimed by the President of the United States of America October 18, 1954
6. Ireland Friendship, Commerce and Navigation Treaty. Treaty and protocol signed at Dublin January 21, 1950; proclaimed by the President of the United States of America December 15, 1950
7. Israel Friendship, Commerce and Navigation Treaty. Signed at Washington August 23, 1951; Proclaimed by the President of the United States of America May 6, 1954
8. Italy Friendship, Commerce, and Navigation Treaty. Signed at Rome February 2, 1948; Proclaimed by the President of the United States August 5, 1949
9. Japan Friendship Commerce And Navigation Treaty. Signed at Tokyo April 9, 1953. Proclaimed by the President of the United States of America November 4. 1953
10. Korea Friendship, Commerce and Navigation Treaty. Treaty and protocol signed at Seoul November 28, 1956. Proclaimed by the President of the United States of America November 15, 1957
11. Liberia Friendship, Commerce, And Navigation Treaty. Treaty signed at Monrovia August 8, 1938. Proclaimed by the President of the United States November 30, 1939
54 Stat. 1739; Treaty Series 956
12. Luxembourg Friendship, Establishment and Navigation Treaty. Treaty and protocol signed at Luxembourg February 23, 1962; Proclaimed by the President of the United States of America March 6, 1963
13. Netherlands Friendship, Commerce, and Navigation Treaty. Treaty, with protocol and exchange of notes, signed at The Hague March 27, 1956. Proclaimed by the President of the United States of America November 15, 1957
14. Norway Friendship, Commerce and Consular Rights Treaty. Treaty and exchange of notes signed at Washington June 5, 1928. Proclaimed by the President of the United States September 15, 1932
15. Pakistan Friendship and Commerce Treaty. Treaty, with protocol, signed at Washington November 12, 1959; Proclaimed by the President of the United States of America February 1, 1961
16. Paraguay Friendship, Commerce and Navigation Treaty. Treaty signed at Asuncion February 4, 1859. Proclaimed by the President of the United States March 12, 1860
17. Spain Friendship and General Relations Treaty. Treaty signed at Madrid July 3, 1902. Proclaimed by the President of the United States April 20, 1903
18. Suriname Friendship, Commerce, and Navigation Treaty. Signed at The Hague March 27, 1956, applicable to Suriname February 10, 1963. Note to the Secretary General after Independence November 29, 1975
19. Switzerland Friendship, Reciprocal Establishments, Commerce, and Extradition Convention. Convention signed at Bern November 25, 1850. Proclaimed by the President of the United States November 9, 1855
20. Taiwan Friendship, Commerce, And Navigation Treaty. Treaty and protocol signed at Nanking November 4, 1946. Proclaimed by the President of the United States January 12, 1949 63 Stat. 1299; Treaties and Other International Acts Series 1871
21. Thailand Amity and Economic Relations Treaty. Treaty, with exchanges of notes, signed at Bangkok May 29, 1966; Proclaimed by the President of the of America August 17, 1968
22. Togo Amity and Economic Relations Treaty. Treaty signed at Lomé February 8, 1966; Proclaimed by the President of the United States of America January 11, 1967
23. Yemen Friendship And Commerce Agreement. Exchange of notes at Sana' a May 4, 1946 Entered into force May 4, 1946. 60 Stat. 1782; Treaties and Other International Acts Series 1535
B. Of the foregoing bilateral treaties the most insightful happened to be;
1. Austria Friendship, Commerce and Consular Rights Treaty. Signed at Vienna June 19, 1928, Proclaimed by the President of the United States May 28, 193147 Stat. 1876; Treaty Series 838 because Vienna subsequently became the site of several important international treaties relating the same subject a. Vienna Convention on Consular Relations of 24 April 1963 No. 8638-8640 and b. Vienna Convention on the Law of Treaties 2166 (XXI) (1966) at the time when other nations were drafting bilateral treaties.
2. Suriname Friendship, Commerce, and Navigation Treaty. Signed at The Hague March 27, 1956, applicable to Suriname February 10, 1963. Note to the Secretary General after Independence November 29, 1975 demonstrates the importance of the United Nations for countries that are new or not able to master every intricacy of diplomacy with every nation in the world at all times as the United Nations can serve as a single proxy in international affairs whose neutrality is nearly assured.
3. Liberia Friendship, Commerce, And Navigation Treaty. Treaty signed at Monrovia August 8, 1938. Proclaimed by the President of the United States November 30, 1939 54 Stat. 1739; Treaty Series 956 is quite significant because its prose is spectacular and it has a very special bilateral relationship with the United States that founded the nation by voluntarily repatriating some of those African slaves liberated in the US Civil War. Due to these qualities and the African American leadership we are seeking to process this Treaty the Liberian Treaty has been selected above the others to serve as the framework for Art. III International Commerce of this Treaty to explain the equal rights and responsibilities of private US citizens and corporations abroad and foreigners in the USA.
Art. II International Relations
§234 United States Arbitral Theory
CONSCIOUS of the existing ties of history, geography, culture and economics, which have bound our peoples together;
ANXIOUS to promote regional peace and stability through abiding respect for justice, the rule or law and the balanced budget to enhance resilience in their relations;
DESIRING to enhance peace, friendship and mutual cooperation on matters affecting the United States;
CONVINCED that the settlement of differences or disputes between their countries should be regulated by rational, effective and sufficiently flexible procedures, avoiding negative attitudes which might endanger or hinder cooperation;
BELIEVING in the need for cooperation with all peace-loving nations, in the furtherance of world peace, stability and harmony;
SOLEMNLY AGREE to enter into a Friendship, Amity and Cooperation Treaty with the United States of America so that our nation(s) can share in the peace and prosperity generated by the Free Trade Area of the Americas (FTAA) this 2005 that offers to strengthen and expand economic partnership in the Americas to a vast market of over 800 million people producing nearly $14 trillion in goods and services every year, $10.9 trillion of it produced by the United States of America (US) whose prima facial theory of American political union is matched in grandeur only by the new even more internationally oriented theory of the Unidos Naciones de America (UNA) that offers to restore the conference of legal settlement to the individual rather than the disproportionate conferences of revenues to the deficit state that benefits no one.
§235 Peaceful Purpose
A. The purpose of this Treaty is to promote perpetual peace, everlasting amity and cooperation with the people of the United States of America to contribute to their strength with solidarity and closer relationship with the United Nations. There shall be perfect peace and sincere friendship between the United States of America and the United Nations. In their relations with one another, the States shall be equally guided on their self-determined paths by the following fundamental principles of International Contract Law:
a. Respect for the independence, sovereignty, equality, territorial integrity and national identity of all nations;
b. The right of every State to lead its national existence free from external interference, subversion, espionage or coersion;
c. Non-interference in the internal affairs of one another;
d. Settlement of differences or disputes by peaceful means;
e. Renunciation of the threat or use of force;
f. Effective cooperation among themselves.
§236 Amity
In pursuance of the purpose of this Treaty the United States of America shall endeavour to develop and strengthen the traditional, cultural and historical ties of friendship, good neighborliness and cooperation which bind us together and shall fulfill in good faith the obligation to conduct all affairs with an attitude of Amity. In order to promote closer understanding among the United Nations the United States of America shall encourage and facilitate contact, dialogue and dissemination of evidence amongst the many peoples.
§237 Co-operation
A. The High Contracting Parties shall promote active cooperation in the economic, social, technical, scientific and administrative fields as well as in matters of common ideals and aspirations of international peace and stability in the region and all other matters of common interest.
B. The High Contracting Parties shall exert their maximum efforts multilaterally as well as bilaterally on the basis of equality, non-discrimination and mutual benefit.
C. The High Contracting Parties shall strive to achieve the closest cooperation on the widest scale and shall seek to provide assistance to one another in the form of training and research facilities in the social, cultural, technical, scientific and administrative fields.
D. The High Contracting Parties shall endeavour to foster cooperation in the furtherance of the cause of peace, harmony, and stability in the region. To this end, the High Contracting Parties shall maintain regular contacts and consultations with one another on international and regional matters with a view to coordinating their views actions and policies.
E. The High Contracting Parties in their efforts to achieve regional prosperity and security, shall endeavour to cooperate in all fields for the promotion of regional resilience, based on the principles of self-confidence, self-reliance, mutual respect, cooperation and solidarity which will constitute the foundation for a strong and viable community.
§238 Economic Growth
The United States of America shall collaborate for the acceleration of the economic growth regionally in order to strengthen the foundation for a prosperous and peaceful community of nations. To this end, they shall promote the greater utilization of their agriculture and industries, the expansion of their trade and the improvement of their economic infrastructure for the mutual benefit of their peoples. In this regard, they shall continue to explore all avenues for beneficial cooperation with other States as well as international and regional organizations.
§239 Social Justice
A. The United States of America in order to achieve social justice and to raise the standards of living of the peoples of the region, shall intensify economic cooperation. For this purpose, they shall adopt appropriate regional strategies for economic development and mutual assistance.
B. The United States of America shall endeavor to strengthen their respective national resilience in their political, economic, socio-cultural as well as security fields in conformity with their respective ideals and aspirations, free from external interference as well as internal subversive activities in order to preserve their respective national, corporate, legal and individual identities.
§240 Threats to Security
Each State shall not in any manner or form participate in any activity which shall constitute a threat to the political and economic stability, sovereignty, or territorial integrity of another State.
§241 Pacific Settlement of Disputes
A. The United States of America shall have the determination and good faith to prevent disputes from arising. In case disputes on matters directly affecting them should arise, especially disputes likely to disturb regional peace and harmony, they shall refrain from the threat or use of force and shall at all times settle such disputes among themselves through friendly negotiations.
B. To settle disputes through international processes, the United States of America shall delegate a Representative at the ministerial level from each of the High Contracting Parties to take cognizance of the existence of disputes or situations likely to disturb regional peace and harmony.
C. In the event no solution is reached through direct negotiations, cognizance of the dispute or the situation and shall be taken and a recommendation to the parties in dispute appropriate means of settlement such as good offices, mediation, inquiry or conciliation. When deemed necessary appropriate measures for the prevention of a deterioration of the dispute or the situation shall be recommended.
D. The Pacific Settlement of Disputes explained in Article 33(l) of the Charter of the United Nations makes the Security Council available however other institutions, particularly the International Court of Justice may be petitioned for the resolution of the disputes with the United States of America under Article 94 of the UN Charter that has a Permanent Seat on the Security Council and a reputation for abusing its veto authority.
Art. III International Commerce
§242 Freedom of Immigration
A. The nationals of each of every State shall be permitted to enter, travel and reside in the territories of other States; these immigrants may exercise liberty of conscience and freedom of worship; to engage in professional, scientific, religious, philanthropic, manufacturing and commercial work of every kind without interference; to carry on every form of commercial activity which is not forbidden by the local law; to own, erect or lease and occupy appropriate buildings and to lease lands for residential, scientific, religious, philanthropic, manufacturing, commercial and mortuary purposes; to employ agents of their choice, and generally to do anything incidental to or necessary for the enjoyment of any of the foregoing privileges upon the same terms as nationals of the State of residence or as nationals of the nation hereafter to be most favored by it, submitting themselves to all local laws and regulations duly established.
B. Limited liability and other corporations and associations, whether or not for pecuniary profit, which have been or may hereafter be organized in accordance with and under the laws, National, State or Provincial, of either High Contracting Party and which maintain a central office within the territories thereof, shall have their juridical status recognized by the other High Contracting Party provided that they pursue no aims within its territories contrary to its laws. They shall enjoy free access to the courts of law and equity, on conforming to the laws regulating the matter, as well for the prosecution as for the defense of rights in all the degrees of jurisdiction established by law.
C. The right of corporations and associations of any State which have been so recognized by the another State to establish themselves in the territories of the other Party or to establish branch offices and fulfill their functions therein shall depend upon and be governed solely by the consent of such Party as expressed in its National, State or Provincial laws.
D. The nationals of either the foreign nation shall enjoy within the territories of the other, upon compliance with the conditions there imposed, such rights and privileges as have been or may hereafter be accorded the nationals of any other State with respect to organization of and participation in limited liability and other corporations and associations, for pecuniary profit or otherwise, including the rights of promotion, incorporation, purchase and ownership and sale of shares and the holding of executive or official positions therein. In the exercise of the foregoing rights and with respect to the regulation or procedure concerning the organization or conduct of such corporations or associations, such nationals shall be subjected to no condition less favorable than those which have been or may hereafter be imposed upon the nationals of the most-favored nation.
E. Foreign nationals may have full power to dispose of their personal property of every kind within the territories of the other, by testament, donation, or otherwise, and their heirs, legatees and donees, of whatsoever nationality, whether resident or non-resident, shall succeed to such personal property, and may take possession thereof, either by themselves or by others acting for them, and retain or dispose of the same at their pleasure subject to the payment of such duties or charges to pay in like cases. In the same way personal property belonging to foreign nationals shall not be subject to any taxation or surcharge more than would normally be applied by the nation of residence to such a transaction. The dwellings, warehouses, manufactories, shops, and other places of business, and all premises thereto appertaining to the foreign nationals used for any lawful purpose shall be treated the same as if they were owned by a citizen.
F. Foreign nationals in the exercise of the right of freedom of worship, within the territories of the other, as herein above provided, may, without annoyance or molestation of any kind by reason Of their religious belief or otherwise, conduct services either within their own houses or within any appropriate buildings which they may be at liberty to erect and maintain in convenient situations, provided their teachings or practices are not contrary to public morals as set forth in the law; and they shall also be permitted to bury their dead according to their religious customs in suitable and convenient places established and maintained for the purpose, subject to the mortuary and sanitary laws and regulations of the place of burial.
§243 Freedom of Commerce and Navigation
A. In international waters and airspace there shall be freedom of commerce and navigation. The nationals of each nation equally shall have liberty to freely come with their vessels and cargoes to all places, ports and waters of every kind within the territorial limits of the other which are or may be open to foreign commerce and navigation. States reserve the right to regulate their relationship with other states and may prohibit the merchants and/or militaries of specific nations from engaging in commerce and navigation in their territory.
B. There shall be complete freedom of transit through the territories including territorial waters of each State on the routes most convenient for international transit, by rail, navigable waterway, and canal, such as the Panama Canal and waterways and canals which constitute international boundaries, to persons and goods coming from, going to or passing through. Except such persons as may be forbidden admission into its territories or goods of which the importation may be prohibited by law or regulations, provided that the foregoing shall not be construed to prevent either State, from excluding aliens from special areas within its territories closed to visit by law, military order or regulations.
C. Merchant vessels and other privately owned vessels under the flag of their State of origin, and carrying the papers required by its national laws in proof of nationality shall, both within the territorial waters of the other High Contracting Party and on the high seas, be deemed to be the vessels of the Party whose flag is flown.
D. The nationals, goods, products, wares, and merchandise of each State within the territories of the other States shall receive the same treatment as nationals, goods, products, wares, and merchandise of the country with regard to internal taxes, transit duties, charges in respect of warehousing and other facilities and the amount of drawbacks and export bounties.
E. The merchant or other private vessels and cargoes within the territorial waters and harbors of foreign states shall in all respects and unconditionally be accorded the same treatment as the vessel and cargoes of that State, irrespective of the port of departure of the vessel, or the port of destination, and irrespective of the origin or the destination of the cargo. It is especially agreed that no duties of tonnage, harbor, pilotage, lighthouse, quarantine, or other similar or corresponding duties or charges of whatever denomination, levied in the name or for the profit of the Government, public functionaries, private individuals, corporations or establishments of any kind shall be imposed in the ports of the territories or territorial waters of either country upon the vessels of the other, which shall not equally, under the same conditions, be imposed on national vessels.
F. In the event that any State establishes, maintains or protects a monopoly for the importation, production or sale of a particular product or grants exclusive privileges, formally or in effect, to one or more agencies to import, produce or sell a particular product, the State establishing or maintaining such monopoly, or granting such monopoly privileges, shall, in respect of the foreign purchases of such monopoly or agency, accord the commerce of the other State fair and equitable treatment. In making its foreign purchases of any article such monopoly or agency shall be influenced solely by competitive considerations such as price, quality, marketability, and terms of sale.
§244 Court of Justice
A. Immigrants shall enjoy freedom of access to the courts of justice regarding conforming to the local laws, as well for the prosecution as for the defense of their rights, and in all degrees of jurisdiction established by law. The nationals within the territories of the other nations, upon submitting to conditions imposed upon its nationals, will be granted the most constant protection and security for their persons and property, and shall enjoy in this respect that degree of protection that is required by international law. Their property shall not be taken without due process of law and without payment of just compensation.
B. It shall not be allowable to make a domiciliary visit to, or search of any buildings and premises owned by foreign nationals, or to examine and inspect books, papers or accounts, except under the conditions and in conformity with the forms prescribed by the laws, ordinances and regulations for nationals of the State of residence or nationals of the nation most favored by it.
C. If any State requires the presentation of an authentic document establishing the identity and authority of a commercial traveler, a signed statement by the concern or concerns represented, certified by a consular officer of the country of destination shall be accepted as satisfactory.
D. Nothing in Treaty shall affect the right of any State to prohibit or restrict the transit of arms, munitions and military equipment in accordance with treaties or conventions that may have been or may hereafter be entered into by any State.
E. There shall be no arbitrary discrimination imposed by any State against the nationals of any other on moral or humanitarian grounds; that fails to protect human, animal, or plant life or health; particularly relating to the enforcement of police or revenue laws.
§245 Civil Liability for Injury and Death of Foreign Nationals
A. With respect to that form of protection granted by National, State or Provincial laws establishing civil liability for bodily injuries or for death, and giving to relatives or heirs or dependents of an injured person a right of action or a pecuniary compensation, such relatives or heirs or dependents of an injured person, himself a national of any nation or stateless and injured within any of the territories of the other, shall, regardless of their alienage or residence outside of the territory where the injury occurred, enjoy the same rights and privileges as are or may be granted to nationals, and under like conditions.
B. Where, on the death of any person holding real or other immovable property or interests therein within the territories of a foreign nationals, such property or interests therein would be administrated, by the laws of the country or by a testamentary disposition, to descendents or appointed executor of the estate. Such executor shall be allowed a term of three years in which to sell the property, this term may be reasonably prolonged if circumstances render it necessary, and the proceeds thereof may be withdrawn, without prior restraint or interference.
§246 Limited Exemption from Military Service for Foreign Nationals
A. In the event of war between a foreign national’s state of residence and a third State that is not their nation of birth or nationality, such citizen may volunteer for military service or be drafted by their resident nation in times of military draft. Nationals or naturalized citizens may not be forced to fight against their nation of origin. Nationals of the other having a permanent residence within its territories and who have formally, according to its laws, declared an intention to adopt its nationality by naturalization, unless such persons depart from the territories of said belligerent Party within sixty days after the declaration of war may be drafted. Such right to depart shall apply also to persons possessing dual nationality.
§247 Custom’s Duties and Taxation
A. The foreign nationals within the territories of another country shall not be subjected to the payment of any internal charges or taxes other or higher than those that are exacted of and paid by nationals of the State of residence. Each State reserves the right to: (a) extend specific tax advantages on the basis of reciprocity; (b) accord special tax advantages by virtue of agreements for the avoidance of double taxation or the mutual protection of revenue.
B. Nothing contained in this Treaty shall be construed to affect existing statutes of any nation in relation to emigration or to immigration or the right to enact such statutes, provided, however, that nothing shall prevent the nationals from entering, traveling and residing in the territories of the other Parties in order to carry on international trade or to engage in any commercial activity related to or connected with the conduct of international trade on the same terms as nationals of the most-favored-nation.
C. With respect to customs duties or charges of any kind imposed on or in connection with importation or exportation, and with respect to the method of levying such duties or charges, and with respect to all rules and formalities in connection with importation or exportation, and with respect to all laws or regulations affecting the sale, taxation, or use of imported goods within the country, any advantage, favor, privilege or immunity which has been or may hereafter be granted to most favored nations.
D. With respect to the amount and collection of duties on imports and exports of every kind, each Nation binds itself to give to the nationals, vessels and goods of the other the advantage of every favor, privilege or immunity, which it shall be accorded to the nationals, vessels, and goods under law. Whether such favored State shall have been accorded such treatment gratuitously or in return for reciprocal compensatory treatment goods and nations protected in law under Free Trade Agreements are exempt from any tariffs or taxation other states shall be charged in accordance with the law.
E All articles which are or may be legally imported from foreign countries; into ports of the United States of America or are or may be legally exported therefrom in vessels of the United States may likewise be imported into Merchant vessels and other privately owned vessels under the flag of other States, and carrying the papers required by its national laws in proof of nationality shall, without being liable to any other or higher duties or charges whatsoever than if such articles were imported or exported in vessels of the United States; and reciprocally, all articles which are or may be legally imported from foreign countries by United States may likewise be imported into those ports or exported without being liable to any other or higher duties or charges whatsoever than if such articles were imported or exported by the nation of origin of the goods.
F. In the same manner there shall be perfect reciprocal equality in relation to the flags of all countries with regard to bounties, drawbacks, and other privileges of this nature of whatever denomination which may be allowed in the territories of each State, on goods imported or exported in national vessels so that such bounties, drawbacks and other privileges shall also and in like manner be allowed on goods imported or exported in vessels of the other country.
G. Merchant vessels and other privately owned vessels under the flag of any State shall be permitted to discharge portions of cargoes at any port open to foreign commerce in the territories of the other States, and to proceed with the remaining portions of such cargoes to any other ports of the same territories open to foreign commerce, without paying other or higher tonnage dues or port charges in such cases than would be paid by national vessels in like circumstances, and they shall be permitted to load in like manner at different ports in the same voyage outward.
H. Persons and goods in transit shall not be subjected to any transit duty, or to any unnecessary delays or restrictions, or to treatment as regards charges, facilities, or any other matter less favorable than that accorded to the most-favored-nation. Goods in transit must be entered at the proper customhouse, but they shall be exempt from all customs or other similar duties. It is understood that all goods in transit through the territory of the United States of America and all goods in transit through the territory of other countries when warehoused or otherwise stored shall be subject to storage charges.
All charges imposed on transport in transit shall be reasonable, having regard to the conditions of the traffic.
§248 International Development Exemption
A. If any State establishes or maintains, directly or indirectly, any form of control of the means of international payment, it shall, in the administration of such control:
(1) Impose no prohibition, restriction, or delay on the transfer of payment for imported articles the growth, produce, or manufacture of the other States, or of payments necessary for and incidental to the importation of such articles;
(2) Accord unconditionally, with respect to rates of exchange and taxes or surcharges on exchange transactions in connection with payments or payments necessary and incidental to the importation of articles for the growth, produce of the nation will be accorded treatment no less favorable than that accorded in connection with the importation of any article whatsoever.
(3) Accord unconditionally, with respect to a rules and formalities applying to exchange transactions in connection with payments for or payments necessary and incidental to the importation of articles the growth, produce, or manufacture treatment no less favorable than that accorded in connection with the importation of less critical goods.
B. With respect to non-commercial transactions, each State shall apply any form of control of the means of international payment in a non-discriminatory manner.
§249 Intellectual Property
A. Every State shall ensure in its territory adequate and effective protection of intellectual property rights so that the lack of enforcement does not become a barrier to trade. The protection and enforcement of intellectual property rights covered in this Chapter should contribute to the promotion of technological innovation and to the transfer and dissemination of technology in the Americas, to the mutual advantage of producers and users of technological knowledge, with a view to fostering social and economic welfare and a balance of rights and obligations.
§250 Most Favored Nation Status
A. The nationals, including corporations and associations, of State determined to enjoy Most Favored Nations Status shall enjoy in the territories of the other Party, upon compliance with the conditions there imposed, most-favored-nation treatment in respect of the exploration for and exploitation of mineral resources, taxes, tariffs, imposts and other regulatory duties; provided that neither State shall be required to grant rights and privileges in respect of the mining of coal, phosphate, oil, oil shale, gas and sodium on the public domain, or in respect of the ownership of stock in domestic corporations engaged in such operations, greater than its nationals, corporations and associations receive from the other State.
B. It is understood that no State shall be required to grant any application for any such right or privilege if at the time such application is presented the granting of all similar applications would have been suspended or discontinued.
C. Commercial travelers representing manufacturers, merchants and traders domiciled in the territories of a foreign State shall on their entry into and sojourn in the territories of the other Party and on their departure there from be accorded the most-favored-nation treatment in respect of customs and other privileges and of all charges and taxes of whatever denomination applicable to them or to their samples irregardless of the treaty status of their nation of origin.
Hospitals & Asylums
King Blackwell (Ohio) HA-17-1-05
Petition for the Signature of the Ohio Governor under Art. III §11 of the Ohio Constitution that states, after conviction the Governor shall have the power to grant reprieves, commutations and pardons.
Ohio Secretary of State J Kenneth Blackwell v. Hamilton County Clerk Gregory Hartman
1. Pending Winter Quarter Balanced Ohio Budget (forfeit for all of 2005…see Smith)
2. Hamilton County Food Stamp/Courthouse Fraud
a. Application to the Supreme Court HA-11-1-04
b. Food Stamp Fraud Case HA-11-1-05
3. Hamilton County Election Fraud
a. Prosecutor v. Mike Allen HA-25-8-04
b. Rucker v. Deter HA-2-11-04
4. $1 million habeas corpus
(a) Vincent Doan v Taft HA-25-6-04, A 351671
(b) Luebbe v. Cooper (Taft) HA-19-12-03-04, A 459444
(c) Johnson v. One Love (Taft) HA-1-4-03-04, A 455932
(d) Alonzo Johnson (Taft) A 366671
(e) Campbell v. Moyer (Taft) HA-18-6-03-04, A 211228
Dear J. Kenneth Blackwell:
A. I would like to take the opportunity this 17th day of January, Martin Luther King Jr. Day, to praise you, our African American Secretary of States, for your pristine human rights record that is sullied only by the recent intimidation of the City Beat newspaper by the Hamilton County Prosecutor’s office and their most recently tried offense- the independent major fraud of the Hamilton County Job & Family Services food stamp program represented by Hamilton County Commissioner Todd Portune HA-15-1-05 as the $409,000 severance of the County Administrator, a Republican Party leader. The evidence indicates that the County Clerk has overdosed on power by accepting the role of Republican Party Chairperson and the Basic Principle on the Independence of the Judiciary (1985) dictates that he should either transfer the Republican Party Chair to a peaceful non-judicial politician or resign as County Clerk and keep the Republican Party Chair in this off season, so as to avoid averse influences upon the judiciary. The fusion of the Hamilton County Court and Republican Party molecules have formed a terror cell that must now undergo mitosis into the separate powers of (1) the Clerk of Courts who must forever forsake political power out of respect for the demand of the Framers of the Constitution for a “weak judiciary” and the seemingly infinite corruption of the Cincinnati Bar Association whose secret police have so far not been restrained by former Secretary of the Treasury and current Hamilton County Prosecutor Joe Deters (JD) and (2) the Republican Party should be permitted to prosper in peace at the County Commissioners as City Council is tarnished by the finance of the police.
B. Whereas the votes have been counted and although we as Americans have never been satisfied with the results of any of the elections that have ever occurred in the USA it is Deters punishment to lead the disreputable rule of law recognized to permeate both the criminal and civil divisions of the judicial plot best remembered as the case concerning Teresa L. Cunningham v. Hamilton County, Ohio 6th Cir. No. 98-727 (1999). For harmony between democrats and Republicans in Hamilton County Joe is highly recommended to (1) retain his African American running mate Fanon Rucker (D) at a rate of $100,000 a year, (2) buy all the employees of the Hamilton County police and judiciary free tickets to the National Underground Railroad Freedom Center (3) grant Rucker free use of the news media as long as long as he first contests his case with the Prosecutor himself or an accessible court who shall not delay him for more than a week (4) explain the strange behavior regarding the Continuance of food stamp benefits for Case No. 5058689257 Anthony J. Sanders and missing person report on Ms. Mathews Worker ID: WMCMHA. The prosecutor’s office is not a tool for the suppression of information in the community or the court room. Nor is the Department of Job and Family Services a playground for violators of the Declaration on the Protection of All People from Enforced Disappearances UNGA 47/133 nor people who perpetrate their semblance as hoaxes as may have occurred in both this case and Steele v. Hamilton County Community Board of Mental Health No. 99-1771 (2000). Having learned Hebrew in Rucker v. Deter HA-2-11-04 the Prosecutor may of course choose to rename himself the County Attorney if he wishes to be more disarming and make peace between political parties through prose as well between the perceived political parties that should not make the judiciary their battleground. Mr. Deters must indeed make a significant contribution this Martin Luther King Jr. Day- he is in fact recommended to credit $100,000 and a courtroom in the Hamilton County Courthouse for Fanon Rucker Electoral Executive under Art. 36 of the Vienna Convention on the Law of Treaties 2166 (XXI) (1966) and Art. III Section 2 Clause 1 of the US Constitution so that he could join the basically law abiding and neutral people like Mediator Rosalyn Flores who inhabit the Hamilton County Courthouse without committing any crimes against humanity.
C. If Reverend Dr. Martin Luther King Jr. were alive today he would explain, “the militant and homicidal political behavior of the Ohio Judiciary is more representative of the Athenian Constitution by Aristotle than the US Constitution by Thomas Jefferson although the Ohio Department of Job and Family Services administration of welfare relief to the poor is unfortunately more akin to the US Constitution than the Athenian Constitution”. As it is Hospitals & Asylums that Hamilton County and the State of Ohio are depriving of food stamp benefits the state of Ohio can $100 million Over the Rhine and Community Correction Fine that would reward Ohio with relief from sanctions that have been accrued against the State of Ohio as reported in the Food Stamp Application HA-11-1-04 that has been declined after only one year of customer service in the Food Stamp Fraud of HA-11-1-05. The Food Stamp Card Fraud during the President’s inauguration gives me the chance to seek the counsel of the Secretary as to whether it was wise for the President to publicly take the oath at the US Supreme Court set forth in Manuel Noriega v. Dick Cheney §32(I) of Hospitals & Asylums Revised US Code Chapter 1 Humanitarian Missions of the Military Department (MD) with their right hand on paper copies both the Constitution of the United States and the Holy Bible for a double bond under Organic Law HA-10-1-05 (although Jews would plead a triple bond) that releases so much energy when it is broken that the offenders are immediately and publicly tried for impeachment of the crime and if not that then of their entire office of trust with the government. This oath must also be applied to the Ohio Bar so as to bring our state out of controversy with the International Covenant on Civil and Political Rights of 1966,
“I solemnly swear not to incite genocide, kill, slave, steal or deceive so help me God”
D. This day we shall determine if the conference of nobility to all African Americans by Martin Luther King Jr. on the anniversary of the day of his assassination indeed justifies the Secretary to be addressed by his new title of King Blackwell HA-17-1-05. It would seem on its outset that the US should consider celebrating this day on Reverend Martin Luther King Jr.’s birthday rather than the day of his death so that the Freedom wrought under his civil rights statute would celebrate his joyous life rather than possibly promote more death. However Jesus Christ is depicted crucified on the cross so we shall assume that all unwanted subtle allusions to homicide have been removed from this article and King Blackwell can free his slaves under the Ohio Constitution without fear. Perhaps he can even be so trained as to try every homicide and petitioner in the State of Ohio personally as the King of Athens was empowered to do under Aristotle’s Constitution.
F. To the great consternation of the President whose name, like his father’s, compelled him and his citizens to daydream of American King George (KG) although the conference of such title of nobility is strictly prohibited by Congress under several clauses of the federal constitution. Thankfully for the constitutional monarchists the clandestine coronation of Rev. Sun Myung Moon by Representative Danny K. Davis, Democrat of Illinois showed that US Congress was capable of breeching the constitution while upholding human rights for a peaceful Korean man now mentioned in North Korea v. South Korea (Moon) HA-31-5-04. Congress must realize that the Acts of war they drafted have made George Bush II unfit to inherit the colonies from the King George III. If only Congress could have realized President Bush’s destiny to institute the metric system under the Constitutional law of the United States before making war with the President’s imaginary friends of the International Court of Justice our nation would never have any demand for King Blackwell to teach us to make peace with the White House HA-5-1-05. For relief from sanctions the State of Ohio is highly recommended to uphold the Vienna Conviction Abolishing the Death Penalty HA-3-3-99-04 to the extent that its people actually read the Judgment(s) of the International Court of Justice.
G. The President now has the most pressing concern of taking the oath with the old and new Justices of the Supreme Court with the assistance of the American Bar Association (ABA) without forgetting about his non-controversial Cabinet appointees scheduled for trial this 18th and 19th. The truth must be told the US Supreme Court was witnessed on the television news authorizing executions in Ohio shortly after HA-11-January-04, the initial filing of the Application for Ohio Food Stamps, however the Court informs us in Blakely v. Washington No. 02-1632 of June 24, 2004 and USA v. Booker & Fanfan No. 04-104-105 (2005) of January 12, 2005 that in the USA it is not enough to uphold the Holy Bible that commands, “thou shalt not kill”. In Consequence of this highly criminal behavior the Justices of the US Court and their largest and densest prisoner population in the world that has not been officially counted since 1999 their fate is now the exclusive jurisdiction of the International Court of Justice and they are no longer served by Hospitals & Asylums until the arbitrary number of at least five are replaced with new Justices who demonstrate that they are capable of upholding the basic internationally recognized human right to life and liberty enforced by my cat named, “Day” who destroyed my printer before I could print Hossain & Aref v. FBI (Comey) HA-6-8-04
1. The punishment of these transgressions by the Justices and Solicitor Generals of the US Supreme Court can only be satisfied by the certification of at least 10 qualified applicants certified by the American Bar Association (ABA) to replace an estimated 5 vacancies in the US Supreme Court pursuant to Deputy Attorney General (DAG) James B. Comey for Attorney General HA-15-12-04 Senator Arlen Specter Presiding.
2. It is highly recommended that the entire office of the Federal Attorney General (FAG) be abolished and from now on attorneys will accept the Deputy Attorney General (DAG) for Attorney General Executive (AGE).
a. DAG means both “hello” and “day” in Dutch, the language spoken in the Hague, Netherlands and Americans are sick of spending significantly longer than a day of unjustified institutionalization.
H. The qualifications sought in Applicant Associate Justices demonstrate;
1. fluency in the judgments of the International Court of Justice and the explanatory Vienna Conviction Abolishing the Death Penalty HA-3-3-99-04
2. Blakely v. Washington No. 02-1632 of June 24, 2004 and USA v. Booker & Fanfan No. 04-104-105 (2005) of January 12, 2005 where Arbitrarily Nominated Chief or President Justice Nominee Justice Anthony M. Kennedy and the Court ordered, “legislative and litigate practice Criminal sentences must be adjusted downward rather upward, mandatory minimum schemes eliminated and acquittals the norm for most crimes where there are significant mitigating factors”.
3. a significantly higher acquittal to conviction ratio
4. an ability to work for the people of the USA for free, just and true causes received through email communication an address for which must be posted on the Supreme Court website to bring the bicentennial court into the information age.
I. The Bush that I am beating around is of course the Ohio Constitution. Is this title of nobility indeed permissible to J. Kenneth Blackwell in Ohio? Would it help me to lick bush? Or will I be forced to remain single until old age because the courts are so frightening? These questions and more I hope the Ohio Constitution shall answer as both Ohio Revised and Administrative Codes remain out of reach this Martin Luther King Jr. Day when we should all be given comprehensive civil rights statute by the state Department of Correction via the US Mail but will instead study the latest USA v. Booker & Fanfan No. 04-104-105 (2005) because it just freed 350,000 slaves by permitting my hand to be guided by Justice Breyer to amend Chapter 8 Drug Administration Yield (DAY) this Martin Luther King Jr. Day HA-17-1-05 so as to in turn guide the hand of the Legislature to limit bulk drug dealing sentencing to 0-1 year unless it involved serious bodily injury or involuntary homicide in which up to 5 years would be acceptable and simple possession offenders would not have to serve more than 1 day under 21USC(13)844a and to eliminate mandatory minimum sentencing in Ohio Title 29 Crime 2929.11 Criminal Sentencing by placing a 0 in the minimum column like 1st degree felony 0-25 years and totally rewriting the 4th degree felony to read 0-1 year.
J. This case was first reported to the Secretary of States on the 6th day of January 2005 - voting irregularities in Hamilton County, Ohio that may have led to a Republican victory in Rucker v. Deters HA-2-11-04. The disturbance of the peace can be directly attributed to incitement of the crime of genocide by Hamilton County Clerk Gregory Hartman who was appointed Republican Party Chairman after the impeachment of Prosecutor v. Mike Allen HA-25-8-04. In a television election advertisement campaign Mr. Hartman advertised that he signs death warrants although evidence indicates that it is indeed the Justices of the State Supreme Court that commit the homicide. A homicide spree of three victims in Hamilton County ensued. A request was made by Hospitals & Asylums to stop the advertisement in citation of Campbell v. Moyer HA-28-6-03-04 where Jerome Campbell was transferred from death row but needs to be released because he is innocent although he has spent 14 years in jail, in less than 24 hours the police confessed to killing a man with the same last name.
K. Incitement of the crime of genocide during elections needs to be punished under 18USC(50A)§1091 (c)(a)(1) that states (c) “Whoever directly and publicly incites another to genocide shall be fined not more than $500,000 or imprisoned not more than five years, or both.” (a) “Basic Offense. - Whoever, whether in time of peace or in time of war,
(1) kills members of that group;
(2) causes serious bodily injury to members of that group;
(3) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar
techniques;
(4) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in
part;
(5) imposes measures intended to prevent births within the group; or
(6) transfers by force children of the group to another group; or attempts to do so, shall be punished as set forth in Bodzin v. Indiana HA-23-8-00-03 who is now free after the abolition of the Indiana Death Penalty after being sent illegally out of the state of Ohio and attempting suicide in an interstate and incommunicado Indiana psychiatric hospital shortly after the 9-11 Suicide Attacks of the World Trade Center.
(a) The US electoral crime wave was studied in Democratic Republic §36 (C) of Chapter 1 umanitarian Mission of the Military Department (MD) that states in subparagraphs,
(3) As the result of the incitement of the crime of genocide in the election campaign murder rates increased and the police confessed to a third homicide in Hamilton County, Ohio after the Clerk confessed in a televised campaign advertisement to signing death warrants and continued to do so after being told to stop. A man with the same last name as the case cited to explain why death warrants should not be signed was shot to death by the police.
(4) On Election Day a Dutch film maker in Amsterdam named, Theo Van Gogh, was assassinated at the same time as the filing of the Application of Art. 118 of the Third Geneva Convention with the US Ambassador to the Netherlands, who is a devout Republican party leader, and a battle ensued between Violent Arsons and Muslims in the Netherlands.
(5) The criminal behavioral pattern appears very similar to the arson that was convincingly committed by the Hamilton County Court, the most homicidal courthouse in the state of Ohio, as the arson was halted by the conviction Conviction of the Hamilton County Probate Court by the US District Court, the perpetrators may have capitalized upon the discount flights to Amsterdam before Delta went bankrupt
(6) the US District Court that tried the arson was convicted a few weeks later of an unregistered white collar federal prison cell in the Hamilton County Justice Center.
(It must be subsequently reported
(7) that the Greater Cincinnati Airport computer system went out of commission during the snow of the Christmas holidays that left over a foot of snow on the ground. The federal government reportedly investigated the computer phenomenon that delayed passengers throughout the Christmas Holiday and
(8) a public safety officer was arrested in a recent arson
(a) whereas it is nearly certain that the airport record has been tampered with the US Ambassador to the Netherlands Clifford M. Sobel is requested to search his immigration record for CIA operatives and public servants and felons from Hamilton, County Ohio who might have committed the assassination of Theo Van Gogh, he has been relocated to the Hague for the hypothetical security reasons of the International Criminal Court that has stated their intention that I should no longer contact them when communicating with the International Court of Justice).
L. It is recommended that a $1 million Freedom bond be funded 1/3 State of Ohio, 1/3 Hamilton County and 1/3 private donations raised by the National Underground Railroad Freedom Center and then Cincinnati would have only River City Correctional Facility left to forfeit this 2005 and a $25 million community corrections program and $100 million Over the Rhine development program be funded primarily with fines against the highly overweight and genocidal judiciary that runs amok through the registers of banks and is suspected of selling unlabelled sausages made from primarily African Americans in contravention to the Case of the Permanent Court of Justice Concerning the Factory of Chorzow A. No. 9 (1927). The $100 million application for food stamps was filed on 11 January 2004 with the Supreme Court and was dishonored on 11 January 2005 with Ohio Food Stamp Fraud Case No. 5058689257. The State of Ohio must clean up the Hamilton County Courthouse as directed because 2.7% of the population has fled, this is higher than the emigrations from any nation that are not more than 13 per 1,000 according to the CIA World Fact Book, if my memory serves me right.
M. This brief was first drafted on 5 January 2005 when Senator John Kerry wrote: “No American citizen should wake up the morning after the election and worry their vote wasn't counted. No citizen should be denied at the polls if they are eligible to vote. And, as the greatest, wealthiest nation on earth, our citizens should never be forced to vote on old, unaccountable and non transparent voting machines from companies controlled by partisan activists.”
1. Tomorrow, members of Congress will meet to certify the results of the 2004 presidential election. I will not be taking part in a formal protest of the Ohio Electors.
2. Despite widespread reports of irregularities, questionable practices by some election officials and instances of lawful voters being denied the right to vote, our legal teams on the ground have found no evidence that would change the outcome of the election.
3. But, that does not mean we should abandon our commitment to addressing those problems that happened in Ohio. We must act today to make sure they never happen again.
4. I urge you to join me in using this occasion to highlight our demand that Congress commit itself this year to reforming the electoral system. A Presidential election is a national federal election but we have different standards in different states for casting and counting votes. We need a national federal standard to solve the problems that occurred in the 2004 election. I will propose legislation to help achieve this.
5. Florida 2000 was a wake up call. But the Republicans who control Congress ignored it. Will they now ignore what happened in 2004?
6. There are nearly 3,000,000 of you receiving this email. We accomplished so much together during the campaign. Now let's use our power to make sure that at least one good thing comes from the voting rights problems of the 2004 election. If we want to force real action on election reform, we've got to demand that congressional leaders hold full hearings. Make sure they hear from you and help hold them accountable.
Speaker Dennis Hastert: 1-202-225-0600
Leader Bill Frist: 1-202-224-3135
7. And please report that you've made your call right here:
N. Steve Cobble, Progressive Democrats of America (PDA) Advisor, wrote at 1 P.M. on January 6, 2005 Representative John Conyers will object to the certification of Ohio's 2004 presidential election electoral votes. Conyers will focus on the massive violations of civil rights and voting rights that were instigated and tolerated by partisan election authorities in Ohio. (The compelling House Judiciary Report on Ohio voting irregularities is available for download at on the front page. Over 100 pages of damning evidence!) In a vast improvement over the situation 4 years ago, PDA believes that at least one Senate member, as well as House colleagues, will join Conyers in his objection.
1. We may be wrong. Perhaps there are no Senators with enough fortitude to stand up against right-wing intimidation, in which case we will repeat the embarrassment of 2000 that Michael Moore showed us on film. I personally hope though, that there is at least one Senator who realizes that democracy is not just for the Ukraine, that the suppression of African American voters has got to stop, and that even one Senator standing up to object would become a hero or heroine to millions of attentive Americans.
2. When and if that first Senator steps forward, America will be treated to a 2-hour debate on voting rights. Forty years after the Selma march that led to passage of the Voting Rights Act of 1965, that national teach-in is badly needed. We live in a nation where the president-select assumed office after losing, in a biased election. Where African American votes were at least 3 times as likely to be thrown out as white votes. Where the Chief Supreme Court Justice, who as a young man personally engaged in voter suppression tactics against Latino voters in Arizona, cast one of the 5 votes that stopped the vote count in Florida in 2000. Where the House and Senate leadership are dominated by Southern Republicans, whose rise to power flowed directly from the switch of segregationist whites in the solid South from solid Democrats to solid Republicans-a switch that came about when African Americans won the right to vote. As Reverend Jesse Jackson says, "The segregationist team changed parties; but they didn't change their tactics. Voter suppression of African Americans is still a basic play in their election playbook."
3. We saw that play repeated thousands of times in Florida in 2000, more than enough to alter the outcome. We saw the same basic voter suppression play again in Ohio in 2004. Partisan election authorities enacted discriminatory rules; votes were thrown out on trivialities; voting machines using proprietary codes created by private corporations headed by partisan CEOs were un-auditable; old punch card machines were used in poorer, urban areas, leading to more than 90,000 "spoiled" ballots; voting machinery was misallocated, with African American precincts not given enough machines to avoid incredibly long lines; African American voters suffered higher rates of tossed-out provisional ballots even when they were in the correct precincts.
4. We saw the Republican Party creating "caging lists", training thousands and thousands of "challengers", and sending armies of lawyers from out-of-state into urban Ohio precincts to do what they could to deny the vote to African Americans who were not their neighbors. They succeeded in barring many voters from the polls. They succeeded in making thousands and thousands of others cast provisional ballots, many of which were later thrown out. They succeeded in slowing down the voting lines to a crawl, forcing working people and parents with children and elderly citizens to choose between standing in line in the November rain for 2, 4, 8 hours, just to cast a vote-or to give up in despair and go home. These were conscious tactics. Shame on them.
5. But we also saw the Democratic Party shrug its shoulders, conceding and abandoning their most loyal voting base, and accepting the pundits' mantra, that if you can't "prove" that enough votes were suppressed or stolen to change the outcome, then the voter suppression apparently doesn't matter. More shame.
6. The Republican Party has consciously and actively suppressed African American voters in election after election for 4 decades now, since the days when Chief Justice Rehnquist was just an aggressive young lawyer. They do it as a strategy. They do it because more than 9 out of 10 African Americans vote Democratic in Presidential elections. They will continue to do it until the Democratic Party makes it hurt. That's why the challenge that Rep. Conyers is making on January 6th matters -because it's time to "brand" the Republican Party as the one that work so hard to make sure African Americans, Latinos, Native Americans, and young people do not get to vote. The vote challenge tomorrow is not about John Kerry winning-it's about Selma and Dr. King and Robert Moses and Fannie Lou Hamer.
7. The vote challenge tomorrow is bottom up, because this fight started with a bunch of brave, tenacious grassroots folks in Ohio and around the country who refused to let voter suppression go unchallenged, who refused to accept wrongs that the media called acceptable, who refused to "get over it" just because everyone else said to. The vote challenge tomorrow is not just about the election of 2004 - it's about the elections still to come, and people's right to vote without impediment, their right to have their votes counted without chicanery, their right to participate in elections without partisan tricks and racial manipulation. The vote challenge tomorrow is about the next step in the story of America, the story of our right to vote, a right won through struggle and marching and the blood of martyrs. In two-and-a-quarter centuries America's right to vote has slowly grown from only white males owning property to a far broader, much fairer, more democratic slice of our people. A lot of powerful people don't like that broader democracy - but that's America's best face, our best hope for the future.
Martin Luther King, Jr., taught that the right to vote is the right that guarantees all other rights. On January 6th, our finest Representatives and Senators (we hope) will stand up with the grassroots, alongside Rev. Jackson and Rep. Conyers, and affirm Dr. King's words, by standing tall against voter suppression.
8. And since PDA was among those who asked them to take that risk on behalf of the right to vote, we'll be watching closely. If no Senators step forward, we're going to have a very hard time getting over it. But for those with the honor to step forward, we'll be waiting to say thank you.
O. Thanks to the abolition of the death penalty Indiana is shooting one release for one litigant prisoner whereas Ohio has a miserable record of 5 state prisoners for five litigants. The prisoners are listed below as in the beginning of this document
(1) Vincent Doan v Ohio Governor Bob Taft HA-25-6-04, A 351671
(2) Luebbe v. Cooper (Taft) HA-19-12-03-04, A 459444
(3) Johnson v. One Love (Taft) HA-1-4-03-04, A 455932
(4) Alonzo Johnson (Taft) A 366671
(5) Campbell v. Moyer (Taft) HA-18-6-03-04, A 211228
P. The Secretary should come to an agreement with Hamilton County to levy $1 million pursuant to Luebbe v. Cooper (Taft) HA-19-12-03-04,with which to;
a) settle these lawsuits;
b) award all detainees held in the Queens gate Correctional Facility $1,000 and close the correctional facility while transferring payroll and operations to halfway houses to house probationers and parolees until they can discover a secure living situation.
c) Donate at least $1,000 from this fund to each of the families of victims of recent homicides.
Q. Having been convicted under Blakely in Chapter 8 Drug Administration Yield (DAY) the Chapter has ostensibly been out of commission due to hacking since roughly the time of Supreme Court decision in USA v. Freddie J. Booker & Fanfan No. 04-104-105 (2005) of January 12, 2005 Art. 317a Federal Prohibition under 21USC(13)841(b)1Ai has been Amended to make it simple for the Legislature to take into consideration that Justice Breyer only recommends up to 10 yrs for the armed crime of bank robbery and sets a limit of 5 years for drug related offenses that cause serious bodily injury, including involuntary manslaughter with 0-1 being the norm for third time bulk drug offenders and 1 day being the maximum for simple possession offenders 21USC(13)I-D844(a). The DAY document has been Amended and all efforts made to ensure that the Internet record is verifiably updated. Deputy Attorney General (DAG) James B. Comey is requested to pay AOL the $6.95 like they requested at the stressful moment when they reported that there was evidence of hacking at my account. Even the state of Ohio under Art. 317b of Chapter 8 benefits from the new sentencing guidelines that eliminates mandatory minimum sentencing and reduces the maximum sentence for a 4th degree felony to 0-1 years.
The full text of the APPENDIX TO OPINION OF THE COURT in USA v. Freddie J. Booker & Fanfan No. 04-104-105 (2005) states,
Title 18USCII(227)(A)3553(a) (main ed. and Supp. 2004) provides: "Factors to be considered in imposing a sentence.--The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider--
"(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
"(2) the need for the sentence imposed—
"(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
"(B) to afford adequate deterrence to criminal conduct;
"(C) to protect the public from further crimes of the defendant; and
"(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
"(3) the kinds of sentences available;
"(4) the kinds of sentence and the sentencing range established for--
"(A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines--
"(i) issued by the Sentencing Commission pursuant to title 28USCIII(58)994(a)(1) United States Code, subject to any amendments made to such guidelines by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28); and
"(ii) that, except as provided in title 28USCII(235)3742(g), are in effect on the date the defendant is sentenced; or
"(B) in the case of a violation of probation or supervised release, the applicable guidelines or policy statements issued by the Sentencing Commission pursuant to section 994(a)(3) of title 28, United States Code, taking into account any amendments made to such guidelines or policy statements by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28);
"(5) any pertinent policy statement--
"(A) issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28, United States Code, subject to any amendments made to such policy statement by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28); and
"(B) that, except as provided in title 28USCII(235)3742(g), is in effect on the date the defendant is sentenced.
"(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and
"(7) the need to provide restitution to any victims of the offense."
Title 18USCII(227)(A)3553(b)(1) (Supp. 2004) provides: "Application of guidelines in imposing a sentence.--(1) In general.--Except as provided in paragraph (2), the court shall impose a sentence of the kind, and within the range, referred to in subsection (a)(4) unless the court finds that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described. In determining whether a circumstance was adequately taken into consideration, the court shall consider only the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission. In the absence of an applicable sentencing guideline, the court shall impose an appropriate sentence, having due regard for the purposes set forth in subsection (a)(2). In the absence of an applicable sentencing guideline in the case of an offense other than a petty offense, the court shall also have due regard for the relationship of the sentence imposed to sentences prescribed by guidelines applicable to similar offenses and offenders, and to the applicable policy statements of the Sentencing Commission."
Title 28USCII(235)3742(e) (main ed. and Supp. 2004) provides:
"Consideration.--Upon review of the record, the court of appeals shall determine whether the sentence--
"(1) was imposed in violation of law;
"(2) was imposed as a result of an incorrect application of the sentencing guidelines;
"(3) is outside the applicable guideline range, and
"(A) the district court failed to provide the written statement of reasons required by 18USCII(227)(A)3553(c);
"(B) the sentence departs from the applicable guideline range based on a factor that--
"(i) does not advance the objectives set forth in section 3553(a)(2); or
“(ii) is not authorized under section 3553(b); or
"(iii) is not justified by the facts of the case; or
"(C) the sentence departs to an unreasonable degree from the applicable guidelines range, having regard for the factors to be considered in imposing a sentence, as set forth in section 3553(a) of this title and the reasons for the imposition of the particular sentence, as stated by the district court pursuant to the provisions of section 3553(c); or
"(4) was imposed for an offense for which there is no applicable sentencing guideline and is plainly unreasonable.
"The court of appeals shall give due regard to the opportunity of the district court to judge the credibility of the witnesses, and shall accept the findings of fact of the district court unless they are clearly erroneous and, except with respect to determinations under subsection (3)(A) or (3)(B), shall give due deference to the district court's application of the guidelines to the facts. With respect to determinations under subsection (3)(A) or (3)(B), the court of appeals shall review de novo the district court's application of the guidelines to the facts."
Certificate of Service title24uscode@ Monday January 17, 2005 Martin Luther King Jr. Day when it became known that I could not find the email address of the US Supreme Court because it was not on the prima facie of their website and that the Spanish Constitution may indeed be correct that there are, “No Courts of Honor” as none of these email literate institutions have yet consented to pay for the legal scholarship of Anthony J. Sanders. International Court of Justice information@icj- Constitutional Court of Korea webmaster@ourt.go.kr, Israeli Supreme Court elig@supreme..il, Ohio Secretary of State notary@sos.state.oh.us, Ohio Department of Job & Family Services bsh@odjfs.state.os.us, Hamilton County todd.portune@hamilton-, Courthouse rflorez@cms.hamilton-, American Bar Association info@
Hospitals & Asylums
Independent Drug Enforcement Administration (Oregon) HA-9-11-01
Written By Anthony Joseph Sanders
International Court of Justice
Gonzalez (United States of America) v. Shobokshi (Saudi Arabia)11/6/03- 22/2/05
$12,000 a year, $1,000 a month for 2 years for both writer and victim
US Supreme Court
Ahmed Omar Abu Ali v. Alberto Gonzalez, US Attorney General (Original Action)
Renaming
John Ashcroft, Attorney General v. Oregon US 9th Cir. No. 04-623
Or
Alberto Gonzalez, Attorney General v. Oregon
To
Hospitals & Asylums v. United States
Or
American Medical Association (AMA) v. Drug Enforcement Administration.(DEA)
Or
Alberto Gonzalez, Federal Attorney General (FAG) v. Secretary of Health and Human Services (SHHS) Medical Director(MD) Michael Leavitt
Or With Most Dignity
Secretary of Health and Human Services, Michael Leavitt v. Oregon
Abolishing the Oregon Death With Dignity Act No. 1994 before the October 2005 Supreme Court decision to permit the federal government the freedom to transfer statutory authority under the CSA, for the DEA, from the Attorney General to Secretary of Health and Human Services, in the time allotted this case, on Washington’s Birthday.
Table of Contents
I. Hippocratic Objection
II. Oregon Death with Dignity Act
III. Interpretative Rule 9 November 2001 66 FR 56608
IV. Oregon v. Ashcroft USDC Or. No. 01-1647-JO (17 April 2002)
V. Oregon v. Ashcroft 9th Cir. No. 02-35587 (11 Aug. 2004)
VI. Ashcroft v. Oregon No. 04-623 Petition for Writ of Certiorari
VII. Ethics at the Edges of Life 1980
VIII. Neutering the Federal Attorney General (FAG)
IX. Swearing in the Medical Director of Health and Human Services
X. 9-11 Memorial Walls
Bibliography
I. Hippocratic Objection
The Hippocratic Oath of 400 BC states, “I will give no deadly medicine to any one if asked, nor suggest any such counsel.”
1. On George Washington, the first President of the United States birthday, 22 February 2005, Linda Greenhouse of the New York Times wrote that the Justices would try physician assisted suicide under the Oregon Death with Dignity Act of November 1994 under which 171 patients have opted to use the law to administer lethal doses of federally regulated drugs since it went into effect in 1997. In the petition for certiorari Ashcroft v. Oregon 9th No. 04-623 that was granted on 22 February 2005 the former attorney general maintained, “doctors who prescribe drugs for committing suicide violate the federal law and are subject to revocation of their federal prescription license under 21USC 824(a)(4).” The decision to revoke the license of all physicians practicing assisted suicide by Attorney General John Ashcroft was overturned by the 9th Circuit Court of Appeals whose judgment was entered May 26, 2004 and petition for a rehearing denied on August 11, 2004 in the Appendix to the Petition on the grounds of state sovereignty and lack of subject matter jurisdiction of the Attorney General as the Secretary of Health and Human Services should gain complete custody of the Drug Enforcement Administration (DEA) under federal statute. The issue of standing was hypocritically introduced in the trial court by the Federal Attorney General whose involuntary judicial executions are so much more weighty and numerous that voluntary physician assisted suicide that the Oregon Death with Dignity might trade for its weight in corpses with Texas it is such a lesser crime that the Supreme Court should consider that nothing but the abolition death penalty in the entire USA would be a fair trade. The International Court of Justice should enjoin to abolish Dutch Euthanasia in hopes of teaching Oregonians of the right to life. The direct euthanasia of lethal drug overdoses exceeds the natural death standard of indirect euthanasia involved in disconnecting artificial life support systems after there was no hope of the patient becoming conscious” that is commonly accepted as the limit of a physician’s authority to cause a patient’s death under Washington v. Glucksberg 521 U.S. 702 (1997). The Roper v. Simmons No. 03-633 (2005) decision to abolish the cruel and unusual practice of juvenile executions demonstrates the evolving standards of decency that mark the progress of a maturing society as the Eighth Amendment prohibition of the cruel and unusual treatment places a substantive restriction on the State's power to take a life compels the state legislature to amend the law for the voters under Art. II Sec. 23 of the Constitution of Oregon who must not be counseled to vote for hypocrisy. The State Health Licensing Board is likewise not reliant upon public opinion to abolish physician assisted suicide as it is a nationally condemned medical practice inconsistent with the Hippocratic Oath. The State of Oregon is encouraged to abolish the practice of physician-assisted suicide as soon as possible. Review of the literature turns a critical eye upon doctors in Oregon, Belgium and the Netherlands who are all enjoined to desist. Physicians, institutions and their legislatures therefore have no recourse but to uphold of their own accord the Hippocratic Oath of 400 BC that states in all of its many classical translations, “I will give no deadly medicine to any one!!! if asked, nor suggest any such counsel.”
2. It is of merit that of the 30,000 Oregon residents who die every year only 20 or 25 have chosen euthanasia under the death with dignity act since it became effective in 1997. At present only the state of Oregon has a statute permitting doctor-assisted/physician-assisted suicide and then only within very narrowly prescribed circumstances, i.e., for a terminally ill patient. In the November 1998 elections, voters in Michigan defeated a ballot measure to legalize doctor-assisted suicide. Earlier in the last decade, voters in California and Washington state defeated similar ballot measures. A bill similar to Oregon's PAS law died in the Maine Legislature Judiciary Committee in February 2000 and the issue before Maine voters as a referendum in the November 2000 election and was narrowly defeated by some 51% of those voting [yeas 315,031; nays 332,280]. Such legislative measures although often introduced often die within committee hearings and seldom reach the floor of the full legislative body. An example of such proposed legislation is California AB1592 THE DEATH WITH DIGNITY ACT, proposed early in 1999-- presented here in an analysis form. Permissive doctor assisted suicide legislation is overshadowed by measures prohibiting the act under penalty of law. During the 2002 legislative session in Hawaii, several legislative observers believed that proceedings might finally yield enabling legislation either a bill to legalize DAS or a ballot initiative for voters--both, however, failed. In the remainder of the states outside Oregon, thirty-nine states have a statute prohibiting assisted suicide. Six states Alabama, Idaho, Massachusetts, Nevada, Vermont, and West Virginia prohibit assisted suicide through application of common law. In spring 1999, Maryland was the latest state by statute to outlaw assisted suicide. Four states North Carolina, Ohio, Utah, and Wyoming have neither a statute nor common law that prohibits assisted suicide. Professor Vollmar, Willamette University College of Law, has prepared a lengthy summary of recent developments in litigation and legislation on physician assisted suicide. The earliest American statute explicitly to outlaw assisting suicide was enacted in New York in 1828, Act of Dec. 10, 1828, and many of the new States and Territories followed New York's example. A New York commission led by Dudley Field drafted a criminal code that prohibited "aiding" a suicide and, specifically, "furnishing another person with any deadly weapon or poisonous drug, knowing that such person intends to use such weapon or drug in taking his own life." By the time the Fourteenth Amendment was ratified, it was a crime in most States to assist a suicide although California, for example, codified its assisted suicide prohibition in 1874, using language similar to the Field Code's
3. There are many vantage points from which to consider doctor-assisted suicide. Any serious consideration of the topic physician-assisted suicide inevitably draws from ethics and medical ethics, law, medical practices, philosophy, psychology, public policy, and religion as one explores questions surrounding the central issue of the right to die. The selections gathered here provide varied points of view (pro and con), some history as well as currency in coverage, and include electronic as well as print sources. On April 10, 2001 the Netherlands became the first country to legalize euthanasia and physician assisted suicide albeit within strict medical guidelines with Belgium following suit on May 16, 2002. In this dispute regarding the Oregon Death with Dignity Act a distinction must be made between it and the 1 October 1976 bill signed by California Governor Edmund G. Brown, Jr. called, the Natural Death Act that passed the legislature on August 30, 1976 and was codified in the California Health and Safety Code div. 7 pt. 1 chap 3-9 secs. 7185-7195. California became the first state in the nation to grant terminally ill persons the right to authorize, by prior directive, living will, the withdrawal of life sustaining procedures when death is believed imminent. As of 1 March 1977 at least forty-nine death with dignity bills were pending in thirty six state legislatures such as Utah HR 11 and Missouri HR 104. Twenty eight of these bills were identical for example Texas Senate Bill 148. Other states however wrote independently and the language of the Euthanasia Education Council appears only in Vermont HR 37. In California the legislatures principle finding was that the words, “and an unreasonable emotional and financial hardship on the patient’s family” were stricken out. The law was reliant primarily upon the living will that a person was expected to write while they were fully sapient. The central paragraph directed that living wills uphold the guidelines that stated, “It at any time a person should have an incurable injury, disease, or illness certified to be a terminal condition by two physicians, and where the application of life sustaining procedures would serve only to artificially prolong the moment of death, and where my physician determine that death is imminent whether or not life-sustaining procedures are utilized such procedures may be withheld or withdrawn so that people might be permitted to die naturally (Ramsey 324). The Death with Dignity Act that first took effect in 1997 is distinguishable from the Natural Death Act of 1976 because the Death with Dignity Act authorizes the physician to administer lethal doses of medication whereas the Natural Death Act merely permitted the physician to desist in the provision of life sustaining. “Ceasing to oppose death” or “letting die” is considered indirect euthanasia as occurred in the Natural Death Acts of 1976-1977 while “intervening to start or hasten the dying process” as occurs in the lethal drug overdose administered by physicians under the Oregon Death with Dignity Act is considered direct euthanasia.
This liberty interest in bodily integrity was phrased in a general way by then Judge Cardozo when he said, "every human being of adult years and sound mind has a right to determine what shall be done with his own body" in relation to his medical needs. Schloendorff v. Society of New York Hospital, 211 N. Y. 125, 129, 105 N.E. 92, 93 (1914). The familiar examples of this right are derived from the common law of battery and include the right to be free from medical invasions into the body, Cruzan v. Director, Mo. Dept. of Health, 497 U.S. 269 (1990) as well as a right generally to resist enforced medication established in Washington v. Harper 494 U.S. 210 (1990).
4. Numerous health care experts have agreed that physician-assisted suicide is not a legitimate medical treatment. In Washington v. Glucksberg 521 U.S. 702 (1997), the Supreme Court upheld a state prohibition against causing or aiding a suicide against a challenge that, as applied to physicians assisting terminally ill, mentally competent patients, the prohibition offended the requirements of substantive due process. The Court began its analysis by examining "our Nation's history, legal traditions, and practices." The Court found that "in almost every State-indeed, in almost every western democracy-it is a crime to assist a suicide. The States' assisted-suicide bans are not innovations. Rather, they are longstanding expressions of the States' commitment to the protection and preservation of all human life" In Glucksberg, the Court noted that doctors, ethicists, lawyers, religious leaders and interested laypersons-had unanimously concluded that "legalizing assisted suicide and euthanasia would pose profound risks to many individuals who are ill and vulnerable”. American Medical Association, American Nurses Association, and American Psychiatric Association filed a joint brief in Glucksberg taking the position that physician-assisted suicide is "fundamentally incompatible with the physician's role as healer." The Department of Health and Human Services' Health Care Financing Administration similarly has determined that physician-assisted suicide is not eligible for reimbursement under Medicare because it is "not reasonable and necessary to the diagnosis and treatment of disease or injury." The centrality of the concepts of "legitimate medical purpose" and medical "treatment" in the text and structure of the CSA leaves no doubt that those standards are to be established and enforced at the federal, rather than state, level. Four years later, Washington passed its Natural Death Act, which specifically stated that the "withholding or withdrawal of life sustaining treatment . . . shall not, for any purpose, constitute a suicide" and that "nothing in this chapter shall be construed to condone, authorize, or approve mercy killing " Natural Death Act, 1979 Wash. Laws, Wash. Rev. Code Sec. 70.122.070(1), 70.122.100 (1994). In 1991, Washington voters rejected a ballot initiative which, had it passed, would have permitted a form of physician assisted suicide. Washington then added a provision to the Natural Death Act expressly excluding physician assisted suicide 1992 Wash. Rev. Code Sec. 70.122.100 (1994). California voters rejected an assisted suicide initiative similar to Washington's in 1993. On the other hand, in 1994, voters in Oregon enacted, also through ballot initiative, that State's "Death With Dignity Act," which legalized physician assisted suicide for competent, terminally ill adults.
5. The ethical prohibition against physician-assisted suicide is a cornerstone of medical ethics. Its roots are as ancient as the Hippocratic oath that a physician "will neither give a deadly drug to anybody if asked for it, nor . . . make a suggestion to this effect," and the merits of the ban have been debated repeatedly in this nation since the late nineteenth century. Most recently, the AMA has reexamined and reaffirmed the ethical prohibition against physician-assisted suicide in 1977, 1988, 1991, 1993, and 1996. AMA's Code of Ethics condemns physician-assisted suicide as fundamentally incompatible with the physician's role as a healer. AMA, Code of Ethics 2.211 (1994). The American Nurses Association ANA that represents 2.2 million nurses nationally stated, the profession of nursing is built upon the Hippocratic tradition "do no harm" and an ethic of moral opposition to killing another human being. The ethical framework of the profession as articulated through the Code for Nurses explicitly prohibits deliberately terminating the life of any human being. Nursing has a social contract with society that is based on trust and therefore patients must be able to trust that nurses will not actively take human life. Nurse participation in assisted suicide is incongruent with the accepted norms and fundamental attributes of the profession while there may be individual patient cases that are compelling; there is high potential for abuses with assisted suicide, particularly with vulnerable populations such as the elderly, poor and disabled. These conceivable abuses are even more probable in a time of declining resources. The availability of assisted suicide could forseeably weaken the goal of providing quality care for the dying. Research indicates, however, that many people who request physician-assisted suicide withdraw that request if their depression and pain are treated. And suicidal, terminally ill patients "usually respond well to treatment for depressive illness and pain medication and are then grateful to be alive" H. Hendin, Seduced by Death: Doctors, Patients and the Dutch Cure 24-25 (1997).
6. In the 1990’s legislatures and courts around the globe wrestled with the dillemna of physician assisted suicide. The Supreme Court of Canada rejected a claim that the Canadian Charter of Rights and Freedoms establishes a fundamental right to assisted suicide in Rodriguez v. British Columbia (Attorney General) 107 D. L. R. (4th) 342 (1993). The British House of Lords Select Committee on Medical Ethics refused to recommend any change in Great Britain's assisted suicide prohibition in the House of Lords, Session 1993-94 Report of the Select Committee on Medical Ethics, 12 Issues in Law & Med. 193, 202 (1996) that reported "We identify no circumstances in which assisted suicide should be permitted". New Zealand's Parliament rejected a proposed "Death With Dignity Bill" that would have legalized physician assisted suicide in August 1995 according to Graeme, MPs Throw out Euthanasia Bill, The Dominion (Wellington), Aug. 17, 1995, p. 1. The Northern Territory of Australia however legalized assisted suicide and voluntary euthanasia in 1995 according to Shenon, Australian Doctors Get Right to Assist Suicide, N.Y. Times, July 28, 1995, p. A8. As of February 1997, three persons had ended their lives with physician assistance in the Northern Territory. Mydans, Assisted Suicide: Australia Faces a Grim Reality, N. Y. Times, Febr. 2, 1997, p. A3. On March 24, 1997 however, the Australian Senate voted to overturn the Northern Territory's law according to Thornhill, Australia Repeals Euthanasia Law, Washington Post, March 25, 1997, p. A14 under Euthanasia Laws Act 1997, No. 17, 1997 (Austl.). On the other hand, on May 20, 1997, Colombia's Constitutional Court legalized voluntary euthanasia for terminally ill people. Sentencia No. C 239/97 (Corte Constitucional, Mayo 20, 1997) reported in Colombia's Top Court Legalizes Euthanasia, Orlando Sentinel, May 22, 1997, p. A18.
7. The Dutch government's own study revealed that in 1990, there were an extraordinary 2,300 cases of voluntary euthanasia defined as "the deliberate termination of another's life at his request", 400 cases of assisted suicide, and more than 1,000 cases of euthanasia without an explicit request. In addition to these latter 1,000 cases, the study found an additional 4,941 cases where physicians administered lethal morphine overdoses without the patients' explicit consent. All this in a nation of 16.3 million people There is, however, a substantial dispute today about what the Dutch experience shows. Some commentators marshal evidence that the Dutch guidelines have in practice failed to protect patients from involuntary euthanasia and have been violated with impunity as H. Hendin, Seduced By Death 75-84 (1997) that notes many cases in which decisions intended to end the life of a fully competent patient were made without a request from the patient and without consulting the patient. In J. Keown Euthanasia Examined 261, 289 1995 guidelines have "proved signally ineffectual; non voluntary euthanasia is now widely practiced and increasingly condoned in the Netherlands"; This evidence is however contested. And "Dutch physicians are not euthanasia enthusiasts and they are slow to practice it in individual cases" Noting fear of "doctors' rushing patients to their death" in the Netherlands "has not been substantiated and does not appear realistic"; Van der Wal, Van Eijk, Leenen, & Spreeuwenberg, Euthanasia and Assisted Suicide
8. It is significant to note that there is evidence that a significant number of physicians in the United States also support the practice of hastening death in particular situations. A survey published in the New England Journal of Medicine, found that 56% of responding doctors in Michigan preferred legalizing assisted suicide to an explicit ban. Bachman et al., Attitudes of Michigan Physicians and the Public Toward Legalizing Physician Assisted Suicide and Voluntary Euthanasia, 334 New England J. Med. 303-309 (1996). In a survey of Oregon doctors, 60% of the responding doctors supported legalizing assisted suicide for terminally ill patients Lee et al., Legalizing Assisted Suicide--Views of Physicians in Oregon, 335 New England J. Med. 310-315 (1996). Another study showed that 12% of physicians polled in Washington State reported that they had been asked by their terminally ill patients for prescriptions to hasten death, and that, in the year prior to the study, 24% of those physicians had complied with such requests Back, Wallace, Starks, & Perlman, Physician Assisted Suicide and Euthanasia in Washington State, 275 JAMA 919-925 (1996) and also Doukas, Waterhouse, Gorenflo, & Seld, Attitudes and Behaviors on Physician Assisted Death: A Study of Michigan Oncologists, 13 J. Clinical Oncology 1055 (1995) that reported that 18% of responding Michigan oncologists reported active participation in assisted suicide. Slome, Moulton, Huffine, Gorter, & Abrams, Physicians' Attitudes Toward Assisted Suicide in AIDS, 5 J. Acquired Immune Deficiency Syndromes 712 (1992) reported that 24% of responding physicians who treat AIDS patients would be likely grant a patient's request for assistance in hastening death.
9. A need for improved federal regulation regarding the ethics medical practices is evident. The Health Care Financing Administration now called the Centers for Medicare and Medicaid Services (CMS). CMS maintains the, Medicare Benefit Policy Manual, ch. 16, 20 that states, A health care item or service for the purpose of causing, or assisting to cause, the death of any individual (assisted suicide) is not covered. This prohibition does not apply to the provision of an item or service for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as the item or service is not furnished for the specific purpose of causing death. Physician assisted suicide is not considered reasonable and necessary. Federal acts have failed to uphold Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty Adopted and proclaimed by General Assembly resolution 44/128 of 15 December 1989. The pre-eminent federal bill is the Pain Relief Promotion Act of 2000, passed by the House and received in the Senate on 19 November 1999 and was Amended by Chairman of the Judiciary Committee Senator Hatch on 23 May 2000 to amend the Controlled Substances Act to promote pain management and palliative care without permitting assisted suicide and euthanasia. It states, “Nothing authorizes intentionally dispensing, distributing, or administering a controlled substance for the purpose of causing death or assisting another person in causing death”. The Administrator of the DEA is directed to Collect and disseminate protocols and evidence-based practices regarding palliative care, with priority given to pain management for terminally ill patients, and make such information available to public and private health care programs and providers, health professions schools, and hospices, and to the general public. The term `palliative care' means the active, total care of patients whose disease or medical condition is not responsive to curative treatment or whose prognosis is limited due to progressive, far-advanced disease. The purpose of such care is to alleviate pain and other distressing symptoms and to enhance the quality of life, not to hasten or postpone death. The Secretary of Health and Human Services, in consultation with the Administrator for Health Care Policy and Research, (and/or Drug Enforcement Administration) may make awards of grants, cooperative agreements, and contracts and should do so to the better incorporate the DEA with the state and federal agencies of the Department of Health and Human Services for better regulation of the health professions without any judicial interference or need for funds from the Attorney General who hasn’t conducted census of the jails in five years and should not be burdened with complex medical issues that need to be addressed by the medical establishment.
II. Oregon Death with Dignity Act
10. According the Oregon Department of Human Services the Oregon Death with Dignity Act, a citizens' initiative, was first passed by Oregon voters in November 1994 by a margin of 51% in favor and 49% opposed. 2003 Annual Report on the Death with Dignity Act, states, “the three drugs dispensed pursuant to the DWDA are secobarbital, pentobar-bital, and amobarbital, all of which are Schedule II depressants”; 21CFR1308.12(e). It is clear to that controlled substances provide the best and most reliable means for terminally ill patients to painlessly take their own lives according to Gerrit K. Kimsma, Euthanasia and Euthanizing Drugs in The Netherlands, 198-204 (1996). Immediate implementation of the Oregon Death with Dignity Act was delayed by a legal injunction. After multiple legal proceedings, including a petition that was denied by the United States Supreme Court, the Ninth Circuit Court of Appeals lifted the injunction on October 27, 1997 and physician-assisted suicide then became a legal option for terminally ill patients in Oregon. In November 1997, Measure 51 (authorized by Oregon House Bill 2954) was placed on the general election ballot and asked Oregon voters to repeal the Death with Dignity Act. Voters chose to retain the Act by a margin of 60% to 40%. The Death with Dignity Act allows terminally ill Oregon residents to obtain from their physicians and use prescriptions for self-administered, lethal medications. The Act states that ending one's life in accordance with the law does not constitute suicide. However, we have used the term "physician-assisted suicide" rather than "Death with Dignity" to describe the provisions of this law because physician-assisted suicide is the term used by the public, and by the medical literature, to describe ending life through the voluntary self-administration of lethal medications, expressly prescribed by a physician for that purpose. The Death with Dignity Act legalizes physician-assisted suicide, but specifically prohibits euthanasia, where a physician or other person directly administers a medication to end another's life. Oregon Revised Statutes 127.800 to 127.897 states,
Definitions: The following words and phrases, whenever used in ORS 127.800 to 127.897, have the following meanings:
"Informed decision" means a decision by a qualified patient, to request and obtain a prescription to end his or her life in a humane and dignified manner, that is based on an appreciation of the relevant facts and after being fully informed by the attending physician of:
(a) His or her medical diagnosis;
(b) His or her prognosis;
(c) The potential risks associated with taking the medication to be prescribed;
(d) The probable result of taking the medication to be prescribed; and
(e) The feasible alternatives, including, but not limited to, comfort care, hospice care and pain control.
(8) "Medically confirmed" means the medical opinion of the attending physician has been confirmed by a consulting physician who has examined the patient and the patient's relevant medical records.
127.805. Who may initiate a written request for medication.
(1) An adult who is capable, is a resident of Oregon, and has been determined by the attending physician and consulting physician to be suffering from a terminal disease, and who has voluntarily expressed his or her wish to die, may make a written request for medication for the purpose of ending his or her life in a humane and dignified manner in accordance with ORS 127.800 to 127.897.
127.815. Attending physician responsibilities.
(1) The attending physician shall:
(a) Make the initial determination of whether a patient has a terminal disease, is capable, and has made the request voluntarily;
(b) Request that the patient demonstrate Oregon residency pursuant to ORS 127.860;
(c) To ensure that the patient is making an informed decision, inform the patient of:
(A) His or her medical diagnosis;
(B) His or her prognosis;
(C) The potential risks associated with taking the medication to be prescribed;
(D) The probable result of taking the medication to be prescribed; and
(E) The feasible alternatives, including, but not limited to, comfort care, hospice care and pain control;
(d) Refer the patient to a consulting physician for medical confirmation of the diagnosis, and for a determination that the patient is capable and acting voluntarily;
(e) Refer the patient for counseling if appropriate pursuant to ORS 127.825;
(f) Recommend that the patient notify next of kin;
(g) Counsel the patient about the importance of having another person present when the patient takes the medication prescribed pursuant to ORS 127.800 to 127.897 and of not taking the medication in a public place;
(h) Inform the patient that he or she has an opportunity to rescind the request at any time and in any manner, and offer the patient an opportunity to rescind at the end of the 15 day waiting period pursuant to ORS 127.840;
(i) Verify, immediately prior to writing the prescription for medication under ORS 127.800 to 127.897, that the patient is making an informed decision;
(j) Fulfill the medical record documentation requirements of ORS 127.855;
(k) Ensure that all appropriate steps are carried out in accordance with ORS 127.800 to 127.897 prior to writing a prescription for medication to enable a qualified patient to end his or her life in a humane and dignified manner; and
(L)(A) Dispense medications directly, including ancillary medications intended to facilitate the desired effect to minimize the patient's discomfort, provided the attending physician is registered as a dispensing physician with the Board of Medical Examiners, has a current Drug Enforcement Administration certificate and complies with any applicable administrative rule; or
(B) With the patient's written consent:
(i) Contact a pharmacist and inform the pharmacist of the prescription; and
(ii) Deliver the written prescription personally or by mail to the pharmacist, who will dispense the medications to either the patient, the attending physician or an expressly identified agent of the patient.
(2) Notwithstanding any other provision of law, the attending physician may sign the patient's death certificate.
127.820. Consulting physician confirmation. Before a patient is qualified under ORS 127.800 to 127.897, a consulting physician shall examine the patient and his or her relevant medical records and confirm, in writing, the attending physician's diagnosis that the patient is suffering from a terminal disease, and verify that the patient is capable, is acting voluntarily and has made an informed decision.
127.885. Immunities; basis for prohibiting health care provider from participation; notification; permissible sanctions. Except as provided in ORS 127.890:
(1) No person shall be subject to civil or criminal liability or professional disciplinary action for participating in good faith compliance with ORS 127.800 to 127.897. This includes being present when a qualified patient takes the prescribed medication to end his or her life in a humane and dignified manner.
III. Interpretative Rule 9 November 2001 66 FR 56608
11. John Ashcroft began the battle regarding the Oregon Death with Dignity Act with the release of an interpretive rule on 6 November 2001 that was published in the Federal Register 66 FR 56608 9 November 2001 that stated, the Attorney General has determined that assisting suicide is not a ``legitimate medical purpose'' within the meaning of 21CFR1306.04 (2001), and that prescribing, dispensing, or administering federally controlled substances to assist suicide violates the Controlled Substances Act. Such conduct by a physician registered to dispense controlled substances may ``render his registration . . . inconsistent with the public interest'' and therefore subject to possible suspension or revocation under 21USC824(a)(4). The idea was in conceived by the Justice Department in the 27 June 2001 Memorandum for the Attorney General by Deputy Assistant Attorney General Sheldon Bradshaw which Representative Henry J. Hyde, Chairman of the House Judiciary Committee, and Senator Orrin G. Hatch, Chairman of the Senate Judiciary Committee, wrote to the Administrator of the DEA, Thomas A. Constantine, requesting a determination whether the CSA prohibits the use of controlled substances for the purpose of assisting in a suicide. Administrator Constantine replied on November 5, 1997, concluding "that delivering, dispensing or prescribing a controlled substance with the intent of assisting a suicide would not be under any current definition a 'legitimate medical purpose'"…Thus, it should be possible to identify the cases in which federally controlled substances are used to assist suicide in Oregon in compliance with Oregon law by obtaining reports from the Oregon State Registrar without having to review patient medical records or otherwise investigate doctors.
12. Within a month, the Oregon Deputy Attorney General, David Schuman, wrote to the United States Department of Justice on December 3, 1997, arguing that "the CSA is addressed to the problems of the abuse and trafficking of controlled substances. In enacting and later amending the CSA, Congress had no intention of regulating medical practices that are legal under state law and that have no relation to drug abuse or trafficking."6 Deputy Attorney General Schuman concluded that the DEA had no authority to regulate medical practices authorized by state law. On June 5, 1998, Attorney General Janet Reno reversed the interpretation of DEA Administrator Constantine, concluding that "the CSA does not authorize DEA to prosecute, or to revoke the DEA registration of, a physician who has assisted in a suicide in compliance with Oregon law." Specifically, Attorney General Reno stated: "There is no evidence that Congress, in the CSA, intended to displace the states as the primary regulators of the medical profession, or to override a state's determination as to what constitutes legitimate medical practice in the absence of a federal law prohibiting that practice."
13. Because former Attorney General Reno concluded that the CSA has no application to the Oregon Act, Representative Hyde introduced two bills in the House of Representatives to specifically address the Oregon Act. The first bill, the Lethal Drug Use Prevention Act of 1998, would have amended the CSA to directly authorize the suspension or revocation of a practitioner's DEA registration if the registrant intentionally dispensed or distributed a controlled substance for the purpose of assisting the suicide or euthanasia of another individual. The second bill, the Pain Relief Promotion Act, attempted to clarify the CSA to provide that the alleviation of pain is a legitimate medical purpose, but that the CSA did not permit the use of controlled substances to cause death or assist in a suicide. While the second bill passed the House, neither bill passed the Senate, and neither was signed into law. The Pain Relief Promotion Act of 2000, passed by the House and was received in the Senate on 19 November 1999 with one hypocritical and bill killing Amendment by Chairman of the Judiciary Committee Senator Hatch on 23 May 2000 intended to amend the Controlled Substances Act to promote pain management and palliative care without permitting assisted suicide and euthanasia, and for other purposes. That states, “Nothing in this section authorizes intentionally dispensing, distributing, or administering a controlled substance for the purpose of causing death or assisting another person in causing death”. And directs the Administrator of the DEA to Collect and disseminate protocols and evidence-based practices regarding palliative care, with priority given to pain management for terminally ill patients, and make such information available to public and private health care programs and providers, health professions schools, and hospices, and to the general public. The term `palliative care' means the active, total care of patients whose disease or medical condition is not responsive to curative treatment or whose prognosis is limited due to progressive, far-advanced disease. The purpose of such care is to alleviate pain and other distressing symptoms and to enhance the quality of life, not to hasten or postpone death. The Secretary of Health and Human Services, in consultation with the Administrator for Health Care Policy and Research, (and/or Drug Enforcement Administration) may make awards of grants, cooperative agreements, and contracts to health professions schools, hospices, and other public and private entities for the development and implementation of programs to provide education and training to health care professionals in palliative care.
14. The primary holding of the memorandum was that, where a physician dispenses controlled substances without a "legitimate medical purpose" under 21CFR 1306.04(a), the physician violates several provisions of the CSA, including 829 and 841(a)(1). If such dispensing without a legitimate medical purpose is proven in a (board of health) case, the physician may be subject to criminal penalties under 21USC841(a)(1) (felony). Under 842(a)(1) (misdemeanor) holding that registered physician can be prosecuted and convicted under 841(a)(1) for dispensing controlled substances outside the usual course or conduct of professional practice. Even without a criminal prosecution or conviction, the DEA may initiate administrative proceedings with the state license bureau to suspend or revoke the registration of a physician based on evidence that the physician dispensed controlled substances without a legitimate medical purpose under 21CFR 1306.04(a). In an administrative proceeding, the Government must prove, by a preponderance of the evidence, that the physician dispensed in violation of 21CFR 1306.04, and that, as a result, the physician's continued registration would be inconsistent with the public interest.
IV. Oregon v. Ashcroft USDC Or. No. 01-1647-JO (17 April 2002)
15. On 17 April, 2002 District Judge Robert E. Jones made a temporary restraining order, issued on 8 November 2001 permanent with a referral to the 9th Circuit Court of Appeals based for want of jurisdiction. The initial strategy of the federal attorney general was to hypocritically argue that the State of Oregon did not have “standing” to resist the federal directive although the federal government was itself at that time engaged in illegal, unnecessary and excessive warfare in Afghanistan although investigation later revealed that the 9-11 attacks were indeed an inside job of the federal government. Needless to say the reluctance of the federal attorney general to use the “standing” argument at the trial again on 22 March 2002 indicates that neither party prevailed in the standing dipute. Judge Jones’ opinion was formulated in citation of Washington v. Glucksberg 521 U.S. 702 (1997) quoting "throughout the Nation, Americans are engaged in an earnest and profound debate about the morality, legality and practicality of physician-assisted suicide." The Court recounted the various states' "serious, thoughtful examinations" of the issues in this difficult debate, including Oregon's 1994 enactment of the Oregon Act and the Court declined to "strike down the considered policy choice" of the State of Washington, deferring instead to that state's resolution of the debate. Justice O’Conor stated, “there is no reason to think the democratic process will not strike the proper balance between the interests of terminally ill, mentally competent individuals who would seek to end their suffering”. The citizens of Oregon, through their democratic initiative process, have chosen to resolve the moral, legal, and ethical debate on physician-assisted suicide for themselves by voting-not once, but twice-in favor of the Oregon Act. The Glucksburg and Ashcroft decisions are similar in that the 9th Circuit court of Appeals upheld Washington statue however mortally different in that although Washington statue prohibited direct physician assisted suicide the Oregon statute permits and regulates the singular state medical practice of physician assisted suicide.
16. The CSA makes it unlawful for any person to manufacture, distribute, or dispense any controlled substance "except as authorized by the CSA" 21USC841(a)(1). As pertinent in this case, physicians who prescribe controlled substances and pharmacists who fill the prescriptions are considered "practitioners" who "dispense" controlled substances 21USC802(10) and (21). To obtain authorization to do so, practitioners must register with the Attorney General and obtain a Drug Enforcement Agency ("DEA") certificate of registration. 21USC822. Under the CSA as originally enacted, state-licensed practitioners were entitled to be registered with the DEA as a matter of right 21USC823(f) (1983). "Practitioners shall be registered to dispense controlled substances in schedule II, III, IV, or V if they are authorized to dispense under the law of the State in which they practice". The Attorney General could suspend or revoke a practitioner's registration only if the registrant (1) materially falsified an application; (2) was convicted of a felony relating to controlled substances; or (3) had his or her state license or registration suspended or revoked 21USC 824(a) (1983).
17. In November 1994, Oregon voters enacted the Oregon Act through the initiative process. Having survived legal challenges in Lee v. State of Oregon 891 F. Supp. 1429 (D. Or. 1995) vacated in 107 F.3d 1382 (9th Cir. 1997), and an initiative that would have repealed it was , the Oregon Act went into effect in October 1997. The Oregon Act provides a detailed procedure by which a mentally competent, terminally ill patient may make a written request for medication "for the purpose of ending his or her life in a humane and dignified manner." O.R.S. 127.805(1). Once a valid request has been properly documented and all waiting periods have expired, the attending physician may prescribe, but not administer, medication to enable the patient to take his or her own life. Physicians and pharmacists are immune from civil and criminal liability and any adverse disciplinary action for participating in good faith compliance with the Oregon Act O.R.S. 127.805-.885.
18. The legitimacy of legislative history as a means of interpreting statutes, at least when they are unclear, is, rightly or wrongly, well established. Federal prosecutors have never possessed the power to define what constitutes “legitimate medical practice” and the vagueness of the reference would render any alleged violation based on a prosecutor's subjective views about medical practice patently unenforceable. The determination of what constitutes a legitimate medical practice or purpose traditionally has been left to the individual states. State statutes, state medical boards, and state regulations control the practice of medicine. The CSA was never intended, and the USDOJ and DEA were never authorized, to establish a national medical practice or act as a national medical board. To allow an attorney general-an appointed executive whose tenure depends entirely on whatever administration occupies the White House-to determine the legitimacy of a particular medical practice without a specific congressional grant of such authority would be unprecedented and extraordinary.
V. Oregon v. Ashcroft 9th Cir. No. 02-35587 (11 Aug. 2004)
19. Oregon v. Ashcroft 9th Cir. No. 02-35587 was Argued and Submitted May 7, 2003
and Filed May 26, 2004. Circuit Judge Tallman rendered the majority decision of the three judge panel upholding the injunction of the District Court in support of a doctor, a pharmacist, several terminally ill patients, and the State of Oregon challenging an interpretive rule issued by Attorney General John Ashcroft which declares that physician assisted suicide violates the Controlled Substances Act of 1970 ("CSA"), 21USC801-904. This so-called "Ashcroft Directive," published at 66 Fed. Reg. 56,607, criminalizes conduct specifically authorized by Oregon's Death With Dignity Act, Or. Rev. Stat. 127.800-127.897. The majority held that the Ashcroft Directive is unlawful and unenforceable because it violates the plain language of the CSA, contravenes Congress' express legislative intent, and oversteps the bounds of the Attorney General's statutory authority under 5USC706(2)(C), (D). Petition for review was granted and then revoked.
20. Under the CSA, it is unlawful to prescribe or dispense controlled substances without a federal registration. 21USC841(a)(1); 823(f), 822(a)(2). The CSA originally provided automatic federal registration for state-licensed health-care practitioners. The Attorney General could revoke a practitioner's federal registration only if the practitioner falsified his or her registration application, was convicted of a felony related to a controlled substance, or had his or her state license suspended or revoked. In 1971, pursuant to his new authority to issue rules regulating controlled substances under 21USC871(b), then Attorney General John Mitchell promulgated the following regulation:
A prescription for a controlled substance to be effective must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice. . . . An order purporting to be a prescription issued not in the usual course of professional treatment . . . is not a prescription within the meaning and intent of . . . the Act and the person knowingly filling such a purported prescription, as well as the person issuing it, shall be subject to the penalties provided for violations of the provisions of law relating to controlled substances.
21. In 1984, Congress amended the CSA to give broader authority to the Attorney General. The Attorney General is now authorized to revoke a physician's prescription privileges upon his determination that the physician has "committed such acts as would render his registration . . . inconsistent with the public interest" 21USC824(a)(4). Although this provision gives the Attorney General new discretion over the registration of health care practitioners, Congress explained that "the amendment would continue to give deference to the opinions of State licensing authorities, since their recommendations are the first of the factors to be considered. When determining which acts are inconsistent with the public interest, the Attorney General must consider the following factors:
(1) The recommendation of the appropriate State licensing board or professional disciplinary authority;
(2) The applicant's expertise in dispensing . . . controlled substances;
(3) The applicant's conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances;
(4) Compliance with applicable State, Federal, or local laws relating to controlled substances;
(5) Such other conduct which may threaten the public health and safety.
22. To the limited extent that the CSA does authorize federal regulation of medical practice, to the Secretary of Health and Human Services. The 9th Circuit Court of Appeals ruled that the Attorney General may not define the scope of legitimate medical practice in citation to the Center for Substance Abuse statute 42USC290bb-2a that the "requires" an agency most professionally represented by the (Center for Substance Abuse) Secretary of Health and Human Services "to determine the appropriate methods of professional practice". To the extent that it authorizes the federal government to make decisions regarding the practice of medicine, those decisions are delegated to the Secretary of Heath and Human Services, not to the Attorney General. The Attorney General's unilateral attempt to regulate general medical practices historically entrusted to state lawmakers interferes with the democratic debate about physician assisted suicide and far exceeds the scope of his authority under federal law. The authority of the Secretary of Health and Human Services is reinforced in 21USC811(b) that guarantees that the recommendations of the Secretary to the Attorney General shall be binding on the Attorney General as to such scientific and medical matters, and if the Secretary recommends that a drug or other substance not be controlled, the Attorney General shall not control the drug; 21USC823(g)(2)(H)(i) further ensures state rights in medical practice that nothing in . . . regulations or practice guidelines may authorize any Federal official or employee to exercise supervision or control over the practice of medicine or the manner in which medical services are provided.
23. On 11 August 2004 Judges Lay and Tallman voted to deny the petition for panel rehearing with Judge Wallace dissenting. Contrary to the promise of 26 May 2004. The International Meteor Organization reported the Perseid Meteors to have fallen at rates of more than 100 per hour on 11 August 2004, 25% more than normal. The dismissal was positively construed as the exhaustion of the remedy of the circuit court who perceived further proceedings of less merit than staying up all night catching meteors for $1 a piece. To fully appreciate the circuit court amices must note that the 9th Circuit Court of Appeals located in San Francisco, California is delinquent in the forfeiture of the White Collar Prison as it is inappropriate to detain or even try corporate/financial/fraud defendants who could be simply removed from their office(s) of trust by the State or Federal Treasurer should the Security Exchange Commission rule upon the findings of at least two independent accountants that such a person is insolvent for reasons of incompetence or judicial corruption in contravention to Article 11 of the International Covenant on Civil and Political Rights 999 U.N.T.S. 171, of Mar. 23, 1976 states, “No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation” and Art. 11(2) of the Universal Declaration of Human Rights 217 A (III) of 10 December 1948 states, “No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law.” The white collar prisoners must be released with $100,000 compensation and the hypothetically opulent correctional facility repopulated with the prisoners from an ordinary prison that needs to be knocked down or sold under the supervision of the Red Cross, Security Exchange Commission and Deputy Attorney General in order to eliminate the fraud prosecution that has caused 3% of the population of that town to flee in 2004 Hamilton County, Ohio came in second place with an emigration of 2.7% in flight of the Free Insider Trader Settlement of Stewart, Erpenbeck & Wiederhorn (9th) et al v. USA HA-2004 (doc) all detainees therein need to be released from their prison cells scattered across the nation under Art. 29a of the Federal Rules of Criminal Procedure for an insufficiency of evidence to sustain a “criminal” conviction and compensated under Art. 14(6) of the International Covenant on Civil and Political Rights 999 U.N.T.S. 171, of Mar. 23, 1976 for a case where the government failed its responsibilities too severely to make claims under US v. Moore 423 US 77 (1975).
VI. Ashcroft v. Oregon No. 04-623 Petition for Writ of Certiorari
24. In Ashcroft v. Oregon No. 04-623 Petition for Writ of Certiorari the question presented is,” has the Attorney General has permissibly construed the Controlled Substances Act, 21USC801 et seq., and its implementing regulations to prohibit the distribution of federally controlled substances for the purpose of facilitating an individual's suicide, regardless of a state law purporting to authorize such distribution.” Petitioners are Attorney General Alberto Gonzalez succeeding John Ashcroft, Former Attorney General of the United States; Karen Tandy, Administrator of the Drug Enforcement Administration; Kenneth W. McGee, Assistant Special Agent-in-Charge of the Portland Office of the Drug Enforcement Administration; the United States of America; the United States Department of Justice; and the Drug Enforcement Administration. Respondents are the State of Oregon, Peter A. Rasmussen, David Malcolm Hochhalter, Richard Holmes, James Romney, Melissa Bush, and John Doe #1.
25. When the CSA was enacted in 1970, Congress made an initial assignment of controlled substances to the schedules it believed appropriate under 21USC812(c). Congress authorized the Attorney General, in consultation with the Secretary of Health and Human Services, to add or remove substances or to transfer substances from one schedule to another based upon statutory criteria that take into account changes in medical and scientific understanding and shifts in patterns of abuse. 21USC811, 812. In addition, Congress provided the Attorney General with broad authority to promulgate "rules and regulations relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances," 21USC821, and "any rules, regulations, and procedures which he may deem necessary and appropriate for the efficient execution of his functions" under the CSA, 21USC 871(b). The Attorney General has delegated his functions under the Act to the Administrator of DEA. 28CFR0.100(b). States remain free to enact their own laws relating to controlled substances, such as their own criminal penalties, but state laws are preempted to the extent of any "positive conflict" between a provision of state law and the CSA such that the two "cannot consistently stand together." 21USC903.
26. When the CSA became effective in 1971, DEA's predecessor (the Bureau of Narcotics and Dangerous Drugs) issued regulations through notice-and-comment rulemaking to implement the Act. One of those regulations, now found at 21 CFR 1306.04(a), requires that a prescription for a controlled substance "must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice." A purported prescription that is not issued "in the usual course of professional treatment or in legitimate and authorized research" does not qualify as a "prescription" for purposes of 21USC829 and, if issued knowingly, will subject the practitioner "to the penalties provided for violations of the provisions of law relating to controlled substances." 21CFR1306.04(a). The legitimate medical purpose requirement is implicit in various provisions of the CSA, such as 21USC829, but is made explicit by virtue of the implementing regulation in, 21CFR 1306.04(a)
27. The Health Care Financing Administration in the Department of Health and Human Services had determined that physician-assisted suicide is not eligible for reimbursement under Medicare because it is "not reasonable and necessary to the diagnosis and treatment of disease or injury." The memorandum reviewed the position of leading organizations of the medical profession, including the American Medical Association, American Nurses Association, and American Psychiatric Association, all of which took the view that physician-assisted suicide was "fundamentally incompatible with the physician's role as healer”. Having formulated there from a model “legitimate medical interest” the Attorney General determined that "assisting suicide is not a 'legitimate medical purpose' within the meaning of 21CFR1306.04," and therefore that "prescribing, dispensing, or administering federally controlled substances to assist suicide violates the CSA." The Attorney General made clear that these conclusions "apply regardless of whether state law authorizes or permits such conduct by practitioners or others." The State of Oregon and others challenged the interpretive rule in the United States District Court for the District of Oregon. That court held the interpretive rule invalid and enjoined its application. The Attorney General and the other federal parties appealed. On the merits, a divided panel granted the petitions for review.
28. The majority concluded that the interpretive rule was invalid absent an "unmistakably clear" indication of congressional intent to regulate physician-assisted suicide, because, in the majority's view, the rule "invokes the outer limits of Congress' power" by altering "the usual constitutional balance between the States and the Federal Government." The court also held that the interpretive rule violated "the plain language of the CSA," which, according to the majority, (1) only addresses "drug abuse," (2) entrusts medical decisions to the Secretary of Health and Human Services (not the Attorney General), and (3) requires the Attorney General to address all five statutory factors in Section 823(f) that are relevant to registration of a physician under the CSA, in particular whether the physicians action comply with state law;
(1) The recommendation of the appropriate State licensing board or professional disciplinary authority;
(2) The applicant's expertise in dispensing . . . controlled substances;
(3) The applicant's conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances;
(4) Compliance with applicable State, Federal, or local laws relating to controlled substances;
(5) Such other conduct which may threaten the public health and safety.
29. Senior Judge Wallace dissented. Pet. App. 25a-63a. He relied upon the presumption that Congress does not make the application of federal statutes dependent on state law, and noted that, while a physician's compliance with state law is relevant under the CSA in determining whether his or her registration would be consistent with the public interest 21USC823(f)(3) and (4), other factors, including whether the physician's conduct "may threaten the public health and safety," are not dependent on state law 21USC823(f)(5). The dissent further noted that, while the Secretary of Health and Human Services is specifically delegated certain functions under the CSA, responsibility under the Act for determining whether a physician's registration serves the public interest is assigned to the Attorney General alone. The dissent also rejected the majority's suggestion that application of the CSA to the dispensing of controlled substances to assist suicide is at the limits of Congress's power or would alter federal-state relations and pointed out that, to the contrary, Congress's authority under the Commerce Clause to regulate the distribution of controlled substances is well-established. Finally, the dissent observed that the Attorney General's conclusion that physician-assisted suicide is not a legitimate medical purpose is well supported by an "overwhelming historical, legal, and medical consensus."
30. In the interpretive ruling under challenge here, the Attorney General concluded that dispensing drugs to assist another individual in taking his or her life does not constitute a "legitimate medical purpose" in the course of medical "treatment." 21CFR1306.04(a). Because the Attorney General has primary responsibility for enforcing the CSA, his interpretation of the Act is entitled to deference. The Attorney General clearly acted reasonably in concluding that dispensing drugs to assist a person to commit suicide is not for a "legitimate medical purpose" or for "treatment" within the meaning of the CSA. As the Court noted in Washington v. Glucksberg 521 U.S. 702 (1997), "in almost every State-indeed, in almost every western democracy-it is a crime to assist a suicide." With specific reference to Oregon's DWDA, the Court made clear that the Oregon statute was contrary both to longstanding historical practices and to contemporary trends in the law. Thus, contrary to the dominant theme of the court of appeals' decision(s), the Attorney General did not ignore the laws of the States in interpreting the CSA to bar the dispensing of controlled substances to facilitate suicide. His interpretation is consistent with the position of the overwhelming majority of the States however acting alone with or in conjunction with the Supreme Court fails to have standing to forcibly overrule the decision of Oregon’s voters who, itself must be added, fails to have the standing to do more subject the populace to yet another referendum.
VII. Ethics at the Edges of Life 1980
31. Paul Ramsey’s book, Ethics at the Edges of Life. Yale University Press. 4th Printing 1980 conspicuously has no bibliography and is totally reliant upon footnotes however it is quite informative and was founded in the theory espoused by Charles Fried in An Anatomy of Values. Harvard University Press 1970 pp 15 who wrote, “the conviction that one should always choose life lies at the heat of the practice of medicine and nursing. In that sense, medical ethics must be pro-life. To choose death as an end is to throw the gift back in the fact of the giver, it is for this reason that suicide and murder are called “mortal sins” deadly states of the soul” Arthur J. Dyck. An Alternative to the Ethics of Euthaniasia: Live or Die. Springer-Verlag 1973 pp98-112 wrote “choosing how to live while dying” stands in diametrical opposition to actions that “have the immediate intention of ending life that repudiates the meaningfulness and worth of one’s own life irrevocably severing any actual or potential contact with others”. In The Indignity of Death with Dignity Hastings Center Report 2 No 2 (May 1974) pp47-62. Paul Ramsey wrote, “I believe it was Blackstone who said that suicide is wrong for two reasons. First, it is a crime against the king, because it deprives him of a subject. Second, it is a sin against God, because one rushes precipitously into the Lord’s presence without being summoned.” On Dying Well: An Anglican Contribution to the Debate on Euthanasia. Church Information Office. London. 1975 pp. 2 determined that the choice of one’s own death or that of another as an end is now the meaning packed into the word euthanasia. Therefore it occurs to us, when discussing the morality of the matter of mortality, to attack certain predicates that describe the manner in which death is brought about or the means to death as a chosen end. We speak of “active” or “passive euthanasia, of “directly” or “indirectly” disposing a patient to death, of whether death came by acts of omission or by acts of commission, by action or by abstention (Ramsey 146). A patient’s right to refuse treatment treatment enthrones an arbitrary freedom. It ascribes to the subjective decision the power to make medical interventions right or wrong. Choosing or refusing treatment is submitted to voluntary determination (Ramsey 157). Robert M. Veatch Death,Dying and the Biological Revolution .Yale Univerity Press. 1977 maintains that a patient has a legal right to refuse any treatments proposed exclusively for their own good (Ramsey 162) and “Death is most appropriately thought to be the irreversible loss of the embodied capacity for social interaction (Veatch 42 and 64).
32. The word, “Euthanasia” has come to mean choosing death as one among life’s choices. To balance the immorality of euthanasia and the morality of “dying well” it is important to distinguish between “direct” and “indirect” euthanasia. “Ceasing to oppose death” or “letting die” is considered indirect euthanasia while “intervening to start or hasten the dying process” would be direct euthanasia. Any physician knows whether he or she is trying to relieve suffering or trying to bring on death. His or her aim is the former, even if he knows that he might do the latter but the projected benefits of medication or surgery outweigh the possible risk (Ramsey 149). There is a clear distinction to be drawn between rendering someone unconscious at risk of killing him and killing him in order to render him unconscious. There is a decisive difference between a medical practitioner whose patient dies as the result of an increased dosage of a pain-killing drug and who would use a safer drug had it been available, and that of a public executioner in state which employ this means of carrying out the death penalty who chooses drugs for their death-inducing properties (Ramsey 150).
33. In the case regarding Karen Ann Quinlan 70 NJ 10 (1976), who was kept alive only
by the grace of both a respirator and IV, Chief Justice Richard J. Hughes for the court
urbi et orbi accepts those religious upholding (1) freedom of religion (2) protection
against cruel and unusual punishment and (3) privacy stating, the thread of logic in the
distinctions may be elusive to the non-medical lay mind, in relation to the supposed
imperative to sustain life at all costs related to medical decisions. Judge Robert Muir Jr.
for the New Jersey Supreme Court 137 NJ Super. 227 (November 10, 1975) had written,
“There is no constitutional right to die that Can be asserted by one person for another
voiceless person.” Neither Judge Muir nor the Supreme Court had found sufficient
probative weight on which to base a court ordered substitute judgment to remove the
respirator invoking the law’s role as parens patriae. John F. Kennedy Memorial Hospital
v.Delores Heston and Hane Heston 279 A 2d 670(NJ Sup Ct. 1971) the supremacy of
temporal interest was considered to justify a non consensual blood transfusion to an
unconscious adult. The doctrine of substituted judgment is quite consistent with respect
for persons and need not expand into judgments based actually on other people’s interests
put in place of the incompetent’s (Ramsey 276-279). In Ruth Russel’s book Freedom to
Die. New York. Human Sciences Press. 1975 . 216 nonvoluntary euthanasia was found
to be appropriate in the case the seriously deformed babies. Karen Ann Quinlan was
moved from Siant Clare’s Hospital in Denville NJ to the Morris View Nursing Home in
Morris Plains-the first comatose patient admitted to that nursing home where she would
receive the same level of care as anyone else. It was revealed that Quinlan had been
“weaned” from the respirator and would be put back on a respirator if she needed it
again. An ethics committee was formed at the nursing home whose members consisted
of the chairman of the Morris County Welfare Board, a physician on the staff of Morris
View, an associate minister of the Chatham United Methodist Church, the minister of the
First Memorial Presbyterian Church in dover, and the supervisor of social work at Morris
View. This committee ruled unanimously on June 10 1976 that Karen was in irreversible
coma with no reasonable possibility of recovering a “cognitive, sapient state” and that
normal levels of nutrition and antibiotics should be administered.
34. In Jones v. Saikewicz No. 711 (sup. Jud. Ct. Mass. 1976) Civil Action No. 76-173 on
direct appellate review from the Hampshire County Probate Court that ruled that life-
prolonging treatments could be withheld from a 66 year old severely retarded person with
a disease that was expected to be fatal within the month and due to his mental defects was
incapable of making the decision himself. Ironically the judgment could not be fully
rendered until after his death. Judge Jekanowski of the probate court, like the guardian
ad litem, was at first inclined to give treatment however after oral arguments weighed
that the quality of life possible for him even if the chemotherapy treatment was successful
in remission was not positive enough to justify such measures. The decision of the
Probate Court was appealed directly to the supreme judicial court. The Attorney General
of Massachusetts Francis X. Belloti entered the case on the side of administering
treatment finding that the probate court had equity jurisdiction, but once the court
determined that the therapy would more likely than not extend the life of Joseph
Saikewicz it then was without authority to withhold treatment. If the consultative body
agrees that the patient is not more likely to live longer with available treatment than
without it or that the potentially life extending treatment amounts to no more than
prolongation of an irreversible dying condition, the treatment may be withheld and said
action shall be without any civil or criminal liability therefore on the part of any
participant. The Probate Court is a “court of equity”. As such it is empowered to stretch
forth its own hand or action in whatever direction its aid and protection may be needed.
By virtue of its equity jurisdiction the lower court could pass upon purely personal rights.
In the exercise of such power, a court of equity has the enormous power to make
whatever orders it may deem necessary for the benefit of those not capable of looking
after themselves. In their amices brief the association for retarded citizens did not take a position on the correctness of the probate court’s specific decision however argued strongly for a life biased ruling. Without being explicitly disciplined by the amices the Massachusetts Supreme Court overlooked the obvious and failed their judicial responsibility to overturn the homicidal decision of the Probate Court to withhold treatment and the judiciary only made further in roads breaking the law that they cited (Ramsey Final Decision).
35. On 1 October 1976 California Governor Edmund G. Brown, Jr. signed into law the Natural Death Act that passed the legislature on August 30, 1976 and was codified in the California Health and Safety Code div. 7 pt. 1 chap 3-9 secs. 7185-7195. California became the first state in the nation to grant terminally ill persons the right to authorize, by prior directive, living will, the withdrawal of life sustaining procedures when death is believed imminent. As of 1 March 1977 at least forty-nine death with dignity bills were pending in thirty six state legislatures such as Utah HR 11 and Missouri HR 104. Twenty eight of these bills were identical for example Texas Senate Bill 148. Other states however wrote independently and the language of the Euthanasia Education Council appears only in Vermont HR 37. In California the legislatures principle finding was that the words, “and an unreasonable emotional and financial hardship on the patient’s family” were stricken out. The law was reliant primarily upon the living will that a person was expected to write while they were fully sapient. The central paragraph directed that living wills uphold the guidelines that stated, “It at any time a person should have an incurable injury, disease, or illness certified to be a terminal condition by two physicians, and where the application of life sustaining procedures would serve only to artificially prolong the moment of death, and where my physician determine that death is imminent whether or not life-sustaining procedures are utilized such procedures may be withheld or withdrawn so that people might be permitted to die naturally (Ramsey 324).
VIII. Neutering the Federal Attorney General (FAG)
36. The position of Federal Attorney General (FAG) that was established in the Judiciary Act of 1789 originally set his salary at $1500, one-half the rate of the other cabinet officers, with the clear expectation that his would be a part-time job only and that he could more than make up the pay differential from his private clients. The Office of Solicitor General and the Department of Justice were created in 1870. Ostensibly to uphold the unconstitutional section 4 of the XIV Amendment to the US Constitution of 1868 most conspicuously prohibits settlement for the emancipation of slaves but seems to establish a system of supporting only the suppression of any so called rebellion or insurrection better known as civil strife although the XIV Amendment is better known for establishing the principle of equal rights in the USA that section 4 so boldly defies. All told, between 1864 and 1869 the United States spent well over $700,000 procuring outside legal services. The Solicitor General is the only officer of the United States required by statute to be learned in the law. He is one of only two people (the other being the Vice President) with formal offices in two branches of government. The Solicitor General is of course an Executive Branch officer, reporting to the Attorney General, and ultimately to the President, in whom our Constitution vests all of the Executive power of the United States. Clinton Solicitor General Seth P. Wexman wrote in the Address to the Supreme Court Historical Society of 1 June 1998, “in the nearly thirteen decades since the Office of the Solicitor General was created, its core litigation functions have largely remained the same. During the past Term, for example, the office handled approximately 2800 cases before the Supreme Court. The office filed 30 petitions for a writ of certiorari and participated in oral argument in 75% of the cases the Court heard on the merits”. During that same one-year period, the Solicitor General decided whether to authorize appeal or to appear as an intervenor or amicus in over 2300 cases, covering subjects as varied as the activities of the government we represent. Since creation of the office of Deputy Attorney General in 1953, the Solicitor General has largely been relieved of the administrative and policy functions he served during the first hundred years. The Solicitor General is not a neutral, he is an advocate; but an advocate for a client whose business is not merely to prevail in the instant case, it is not to achieve victory, but to establish justice.
37. The Attorney General, as head of the Department of Justice and chief law enforcement officer of the Federal Government, represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. The Attorney General appears in person to represent the Government before the U.S. Supreme Court in cases of exceptional gravity or importance. Alberto R. Gonzales was sworn in as the nation's 80th Attorney General on February 3, 2005. In his initial remarks to Department of Justice employees, Attorney General Gonzales reminded them of their mission and noted they have "a special obligation to protect America against future acts of terrorism. We will continue to make that our top priority while remaining consistent with our values and legal obligations. That will be the lodestar that guides us in our efforts at the Department." Prior to serving at the Department of Justice, he was commissioned as Counsel to President George W. Bush in January of 2001. Prior to serving in the White House, he served as a Justice of the Supreme Court of Texas. Before his appointment to the Texas Supreme Court in 1999, he served as Texas' 100th Secretary of State from December 2, 1997 to January 10, 1999. Among his many duties as Secretary of State, Gonzales was a senior advisor to then Governor Bush, chief elections officer, and the Governor's lead liaison on Mexico and border issues. Prior to his appointment as Secretary of State, Gonzales was the General Counsel to Governor Bush for three years. Before joining the Governor's staff, he was a partner with the law firm of Vinson & Elkins L.L.P. in Houston, Texas. He joined the firm in June 1982. While in private practice, Gonzales also taught law as an adjunct professor at the University of Houston Law Center. Among his many professional and civic activities, Gonzales was elected to the American Law Institute in 1999. He was a board trustee of the Texas Bar Foundation from 1996 to 1999, a board director for the State Bar of Texas from 1991 to 1994, and President of the Houston Hispanic Bar Association from 1990 to 1991. He was a board director of the United Way of the Texas Gulf Coast from 1993 to 1994, and President of Leadership Houston during this same period. In 1994, Gonzales served as Chair of the Commission for District Decentralization of the Houston Independent School District, and as a member of the Committee on Undergraduate Admissions for Rice University. Gonzales was Special Legal Counsel to the Houston Host Committee for the 1990 Summit of Industrialized Nations, and a member of delegations sent by the American Council of Young Political Leaders to Mexico in 1996 and to the People's Republic of China in 1995. Among his many honors, in 2003 Gonzales was inducted into the Hispanic Scholarship Fund Alumni Hall of Fame, was honored with the Good Neighbor Award from the United States-Mexico Chamber of Commerce, and received President's Awards from the United States Hispanic Chamber of Commerce and the League of United Latin American Citizens. In 2002, he was recognized as a Distinguished Alumnus of Rice University by the Association of Rice Alumni and was honored by the Harvard Law School Association with the Harvard Law School Association Award. Gonzales was recognized as the 1999 Latino Lawyer of the Year by the Hispanic National Bar Association, and he received a Presidential Citation from the State Bar of Texas in 1997 for his dedication to addressing basic legal needs of the indigent. He was chosen as one of the Five Outstanding Young Texans by the Texas Jaycees in 1994, and as the Outstanding Young Lawyer of Texas by the Texas Young Lawyers Association in 1992. Gonzales was honored by the United Way in 1993 with a Commitment to Leadership Award, and received the Hispanic Salute Award in 1989 from the Houston Metro Ford Dealers for his work in the field of education. Gonzales was born in San Antonio, Texas and raised in Houston. He is a graduate of Texas public schools, Rice University, and Harvard Law School. Gonzales served in the United States Air Force between 1973 and 1975, and attended the United States Air Force Academy between 1975 and 1977. He and his wife, Rebecca Turner Gonzales, have three sons.
38. The charge that the Attorney General is asked to address in this brief is the transfer of authority under the CSA to the Secretary of Health and Human Services to permit the Attorney General to focus on judicial regulation. The Attorney General is charged under the CSA, 21USC811(a), with assigning a controlled substance to the appropriate "schedule" according to whether it has a "currently accepted medical use in treatment in the United States," 21USC812(b), as well as with ensuring that there is an "adequate * * * supply" of Schedule I and Schedule II substances "for legitimate medical, scientific, research, and industrial purposes," 21USC823(a)(1). Those substances for which the Attorney General has determined there is "no currently accepted medical use in treatment in the United States" are placed in Schedule I, 21USC812(b)(1)(B), and may not be prescribed or dispensed except pursuant to a research protocol specifically approved by the Attorney General and the Secretary of Health and Human Services with respect to the medical merits of the proposal and its security against diverting the substance from "legitimate medical or scientific use," 21USC823(f). Substances in other Schedules may be dispensed by practitioners only because they have "a currently accepted medical use in treatment in the United States," 21USC812(b)(2)-(5), and a legitimate "medical use" in "treatment" therefore is a prerequisite to such dispensing. The Secretary of Health and Human is clearly a better and more institutionally qualified representative of the interests of drug consumers and distributors and the Drug Enforcement Administration (DEA) for that matter. The Attorney General should not even be sought as counsel in the legislation as the Secretary of Health and Human Services is far better equipped to make decisions regarding “legitimate medical purposes” under 21CFR1306.04(a).
39. This day and age, the product of 20 years of judicial delinquency, when 20,000 right wing extremists have just been disbarred by the American Bar Association, the issue of standing moves into pre-eminence. The use of the death penalty and world record rates of slavery in the US judiciary coupled with the failure of the federal government to keep the international peace and balance their budget makes the claim of the Department of Justice and Supreme Court very weak against protests of state and agency sovereignty. The ethical dilemma regarding physician assisted suicide brings the hypocrisy of the CSA into light – the Attorney General, as the supreme judicial officer, fails to professionally represent a “legitimate medical purpose”. In fact 350,000 people are falsely arrested and unjustly detained in prisons on drug charges as the result of this short circuit in the CSA that must in fact be amended to “change the name of the Attorney General to the Secretary of Health and Human Services in the CSA”. Although the Attorney General of the United States might take it upon himself to represent other ministries for a short while before they rise to speak for themselves it is foolish to rely upon the Attorney General on issues affecting other recognizable and politically represented professions in the federal government. To hope to achieve any progress in the deplorable state of the judiciary the Attorney General must represent himself, as defendant in every case not affecting the judiciary, armed officers or the military that are the only pockets of society corrupt enough to support the Federal Attorney General as a plaintiff. Thus, in brief, the Attorney General must represent himself as defendant in civil society and as plaintiff in criminal society that is clearly delimitated as the judiciary and military. In fact due to our nation’s justice system’s standing with the United Nations the USA itself should be remanded for use only as defendant in the federal courts that must abolish criminal prosecution in order to improve the oversight of the state courts and correctional facilities with “clean hands” Case Concerning Oil Platforms Islamic Republic of Iran v. United States of America 6 November 2003 No. 90
40. Can the USA then ever be a plaintiff in litigation when they are the most homicidal, genocidal, falsest and all around most penal of all nations? Although one might immediately be inclined to deny the US any credibility the case of Ahmed Omar Abu Ali presents a case where the US can honestly make a claim as a plaintiff in the International Court of Justice under Art. 36 of the Statute of the Court and International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment A/39/51 (1984) for a reasonable settlement from Saudi Arabia for false imprisonment and torture to protect US citizens abroad from future abuse. To be eligible for relief from Saudi Arabia the Attorney General must compensate Ahmed Omar Abu Ali from the US Treasury in order to have a claim at all. Eric Lichtlau on Feb. 22 reported in the New York Times that Ahmed Omar Abu Ali had been accused of supporting Al Quaida by Saudi police who arrested him during final exams at the Islamic University of Medina on June 11, 2003 without even consulting US officials. Mr. Ali demonstrated enough scarification to the press to indicate that he was indeed whipped while suffering interrogation in the custody of a Saudi detention center is entitled to a civil tort from the Saudi Arabian Embassy to the Untied States where his father was formerly employed. A case titled, Ahmed Omar Abu Ali v.Alberto Gonzalez, Attorney General US (US v. Saudi Arabia 2003-2005 ICJ) written by the Foreign Claims Settlement Commission would be nice as the Department of Justice could collect an estimated $12,000 a year for an arbitrary two years under 28 U.S.C. 515(b) from Saudi Arabia for each year Mr. Ali’s false imprisonment although they would have to pay the witness themselves in order to protect the witness from the potential retaliation from Saudi Arabia. His parents seem to be the only protection he needs. Justifying settlement from Saudi Arabia to the United States of course requires a considerable amount of justification as the United States has totally failed to exercise any fiscal responsibility for their own crimes. In fact in their $20 billion settlement to Iraq the US neglected to compensate Afghanistan Bank Afghanistan Day (BAD), the poorest nation in the Muslim world, and included an off budget $66 billion in support of the armed forces to ensure chaos would significantly undermine Iraqi Sovereignty HA-30-6-04. The author himself was the victim of torture in a United States psychiatric hospital where strange admixtures of drugs are concocted to inflict pain, injury and possible death upon involuntary patients who plead that they are not crazy. Although the District Court found itself quite amusing by wiping the State Mental Institution Library Education (SMILE) buildings off the Probate Judge in retaliation for crimes of slavery and torture they failed to settle the $75,000 civil tort that would have settled as medical malpractice if the author’s mail had not been pilfered to disrupt communication so as to prevent him from making the deadline and subsequently stealing an expired passport Sanders v. Kravetz USDC S. Ohio C-98-466 (1998). Further similar experiences indicate that it is indeed the District Court that is the source of the abusive unlawful searches and seizures, mail frauds and bank frauds and that it is the state, ie federal government, that is the source of negligence in the settlement of legal settlement and major frauds that disrespect the opinions of the account holders and belittle degree programs to illiteracy and persecution to tolerate their employment in an increasingly fascist and totalitarian (fat) society. It seems that when the state and federal government is not involved in a crime of their own they engage in discrimination against witnesses in cases affecting the other. In a rude and perfunctory manner the Assistant Attorney General for Health and Human Services did indeed grant the petitioner a recommendation for social security disability that he was later forced to enjoin because the American system as explained in has been increasingly interpreted to mean that the party that prevails in the laws must pay the genocidal lawbreakers who take what they want. However even that small compensatory settlement is threatened with unlawful severance $60,000 from fulfillment in contravention to the principle that a person must be gainfully employed for 9 months before discontinuing disability insurance. Therefore the price of possibly earning an honest $12,000 a year for two years from Saudi Arabia in behalf of Ahmed Omar Abu Ali has doubled to $24,000 a year due to outstanding non-retroactive claims of Hospitals & Asylums to uphold the doctrine of reciprocity required for the settlement of international treaties under Art. 36 of the Statute of the International Court of Justice, and in this case under the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment A/39/51 (1984) that is far more enlightening that either federal or mistakenly sought after state statutes, for two years at which time the work of Mr. Ali and the author Mr. Sanders could be reviewed by the Attorney General for sufficiency of evidence to warrant further employment as a special assistant, ie. Informant/ Rappateur / Scholar, under 28 U.S.C. 515(b)
41. The Drug Administration Yield (DAY) Act of 2005 breaks for the transfer of the physician and pharmaceutical markets of the DEA from the Department of Justice, ie the Attorney General, to the Department of Health and Human Services in 2006 or 2007 if the transfer cannot be satisfactorily performed on paper to relieve stress created by 350,000 drug detainees in need of provisional release in co-ordination with a revision of Chapter II Attorney General Education (AGE) this July 2005 and purported update of the census in Chapter VI Correction Conviction every January. To ensure that this public intellectual property is developed to the fullest extent possible the Attorney General is recommended to immediately commission the author, Anthony J. Sanders, and compensate the Saudi torture victim with an un taxable unless gross income exceeds the federal poverty guidelines supplement $12,000 a year, for two years, $1,000 a month per capita securely administrated by the Secretary of Treasury in accordance with the approval of the Attorney General under 28 U.S.C. 515(b). Speedy receipt of the Security Income would greatly increase the chances of satisfactorily updating both the DAY and AGE Chapters in time for July 2005.
42. It is highly recommended that the US Supreme Court make peace with the people of the State of Oregon by supplementing the testimony of the Federal Attorney General (FAG) Alberto Gonzales with the testimony of the new Secretary of Health and Human Services (SHHS) Michael Leavitt regarding the evidence provided in this brief demanding the US Supreme Court case be neutrally and arbitrarily titled Secretary of Health and Human Services Medical Director Michael Leavitt v. Alberto Gonzalez Attorney General 9th Cir. No. 04-623(2005). The unethical practice of euthanasia in Oregon is principally attributed to having the nation’s highest rate of unemployment estimated as high as 10% by my sister, who is an Oregon Resident. It can be speculated that the State of Oregon may have evolved a almost Dutch singularity in the United States with respect for granting their people with enough free time to petition for physician assisted suicide although these terminally ill patients might be better served with the counsel of Gonzalez, Juan of the Department of Labor HA-19-2-05 to make their final days productive and employed in such a way that accommodates the life style and support groups involved in pain relief and palliative care.
1. the Department of Justice and Supreme Court shall be independent enough to claim responsibility for taking census of US prisons and jails after 5 years of delinquency and recognize the supremacy of the Secretary of Health and Human Services regarding issues of medical ethics and judgment;
2. the Department of Health and Human Services shall be therapeutically jurisprudent enough to recognize the supremacy of the State and Federal Attorney Generals regarding judicial ethics and judgment and independent enough to hold and publish the medical malpractice and bio-terrorism trials of facts regarding physicians and medical agencies and corporations by the County Board of Health and/or Red Cross.
IX. Swearing in the Medical Director of Health and Human Services
43. The Department of Health and Human Services (HHS) is an executive department of the U.S. government that deals with social welfare, public health, income security, regulation of the health, food and pharmaceutical industries and mental health that includes the treatment of drug addiction. Founded in 1953 as the Department of Health, Education, and Welfare (HEW), the agency was reorganized and renamed HHS in 1979. It is the second largest federal agency after the Military Departments. The office of the Secretary of Health and Human Services (SHHS) and predecessor supplanted the Surgeon General in the role of most important official and cabinet advisor to the President on agency decisions. It is feared that like so many of the federal offices the Secretary of Health and Human Services (SHHS) was founded in an unconstitutional reaction to add insult to the amendment of the time, the XXVI Amendment of 1971 that established a regime of age discrimination by laying down the law permitting only people over the age of 18 to vote although it would be wiser to permit children their right to vote from the time they can read a ballot. The XXVI Amendment was unfortunately accompanied with the insidious injury of the prosecutorial CSA Act that is the subject of controversy in this brief. The CSA singled out the largely youthful drug consumers and dealers for serious prosecution by the Attorney General Executive (AGE) at the expense of the therapeutic and common sense regulation of the Food and Drug Administration and Secretary of then Health, Education and Welfare and now Health and Human Services. It was however not until after the SHHS became institutionalized in 1979 to insult the young and federal outsiders that the prosecution of drug “crimes” began to take on alarming proportions under mandatory minimum sentencing statutes of Congress beginning in 1984. Whereas there is now, after the reign of Tommy G. Thompson, who committed all the crimes of his office, primarily enforcing confidentiality with fines although the silence renders the financial claim moot and empowers the kidnappers and thieves that abound in the war and slavery torn US, and went on to commit the crimes of the Department of Homeland Security, a large amount of dissatisfaction and outright fear regarding bio-terrorism and fraud in the provision of health and welfare benefits by the state and federal governments under DHHS it is highly recommended that the counsel of the state, local and national chapters of the International Committee on the Red Cross, three time winner of the Nobel Peace Prize and largest known administrator of health and welfare benefits to over 350 million people around the world although China might benefit more poor, be sought as trustees under the Additional Protocol II relating to the Protection of Victims of Non-International Armed Conflicts of 1977 to repel the fascist armed forces to overcome the totalitarian society that has evolved from the institutionalization of secrecy and discrimination inherent in such privacy of the public domain that has become so severe that a large portion of the budget is simply missing in the same probative fashion as psychiatric patients whose mistreatment seems to have inspired this cosmetic society that must focus on developing their medical education for the public to generate the peace of mind needed to process the unusual practices of the US medical establishment in the best interest of the public health.
44. Michael O. Leavitt was sworn in as the 20th Secretary of the U.S. Department of Health and Human Services on January 26, 2005. As secretary, he leads national efforts to protect the health of all Americans and provide essential human services to those in need. He manages the largest civilian department in the federal government, with more than, 66,000 employees (please amend this figure immediately we must desist in these numerological prophesies of the abyss), and a budget that accounts for almost one out of every four federal dollars. Prior to his current service, Leavitt served as Administrator of the U.S. Environmental Protection Agency and Governor of Utah. While at EPA, Leavitt signed the Clean Air Diesel Rule, implemented new, more-protective air quality standards for ozone and fine particle pollution and organized a regional collaboration of national significance to clean and protect the Great Lakes. The people of Utah elected Mike Leavitt governor three times. Prior to leaving the statehouse to work in the Bush Administration, he was the nation's longest-serving governor. During his eleven years of service, Utah was recognized six times as one of America's best managed states. He was chosen by his peers as Chairman of the National Governors Association, Western Governors Association and Republican Governors Association because of his ability to solve problems across partisan lines. Sec. Leavitt is widely recognized as a health care innovator and welfare reformer, and his record of achievement in Utah bears this out. In 1994, the Utah legislature passed Gov. Leavitt's "Healthprint," a comprehensive, incremental approach to health care improvement in the state. A decade later, Utah has more than 400,000 additional people with health insurance, marked increases in the number of children with health care coverage, dramatically improved immunization rates and per capita cost of healthcare 25% below the national average. He was chosen by the nation's governors to represent the states in Congress on welfare reform, Medicaid and children's health insurance. The application of technology is a passion for Sec. Leavitt. During his tenure as Governor of Utah, the state's website was awarded "Best of Web," offering more than 110 services online. As Secretary of Health and Human Services he is committed to unleashing the power of technology to improve the quality of care, reduce mistakes and manage costs. In Leavitt's previous public service he has always pursued three goals: to leave things better than he found them; to plant seeds for the next generation; and to give it his all. These are his goals as leader of the U.S. Department of Health and Human Services. Born February 11, 1951, in Cedar City, Utah, Leavitt graduated with a bachelor's degree in economics and business from Southern Utah University. He served as president and chief executive officer of a regional insurance firm, establishing it as one of the top insurance brokers in America. He is married to Jacalyn S. Leavitt; they are the parents of five children.
45. Medicare has been adjusted by the Office of Management and Budget and no longer suffers any surpluses or deficits at the federal level although Medicaid remains unregulated in the 2004 HI and SMI Trustee Report that should better account for state Medicaid matching funds this 2005. Medicare is divided into two trust funds the Hospitals Insurance (HI) Trust Fund and the Supplementary Medical Insurance (SMI) trust fund managed by the Center for Medicare Medicaid and SCHIP (CMS) with a total budget of $228 billion in 2003, $247 billion in 2004, within the Department of Health and Human Services whose total revenues were set forth in Section 4 of the Historic Budget at $505 billion in 2003, $547 billion in 2004 and $580 billion in 2005. The budget must be restrained to no more than $580 billion and should in fact go down to $500 so that Health and Welfare (HaW) will find federal price stability at exactly $1 Trillion 2006 – 2010.
(i) In 2003 CMS had a budget of $228 billion, paid $172 billion in benefits and a combined surplus of $8 billion and had a total trust fund balance of $275
(ii) In 2004 CMS has a budget of $247.3 billion, paying an estimated $286 billion in benefits, earning a $5.5 billion surplus with a combined fund balance of $281.8 billion.
(iii) In 2004 CMS runs a SMI account deficit of only -$4 billion in 2004 that must be purchased by the HI Trust that runs a $9.5 billion surplus for an adjusted HI Trust fund balance of $256 billion and SMI Trust Balance of $24.8 billion.
(iv) In 2005 both CMS trust are balanced and CMS has a budget of $261 billion, pays an estimated $325 billion in benefits, earns a $17.8 billion surplus with a combined fund balance of $291.8 billion.
46. The Hospitals Insurance (HI) Trust Fund claimed $175.8 billion in tax revenues and $151.2 billion in benefit payments and $153.7 billion in total expenditures. At the end of 2003 the HI Trust claimed $251,126,758 in assets a $22 billion account surplus. OMB reports in 2003 the HI Trust had a budget of $147 billion with benefit payments of $151 billion, a surplus of $21.9 billion and a trust fund balance of $251 billion
(i) In 2004 the HI Trust made a budget request of $150.5 billion, pays an estimated $156 billion in benefits, earning a $9.5 billion surplus and fund balance of $261 billion.
(ii) In 2005 the HI Trust makes a budget request of $165 billion, pays an estimated $181.5 billion in benefits, earns a $10.6 billion surplus and achieves a fund balance of $271 billion.
47. The Balanced Budget HA-2005 is compared with the Bush Budget in this table for improved recognition of reciprocating systems of the Military Departments (MD), the International Trust (IT), Health and Welfare (HaW) and Education. There is also a column for the total federal budget, deficit and GDP. In the Budget it is explained what sort of dynamism is required of agencies to achieve perfect price stability so that Office of Management and Budget can balance the budget and begin to make progress paying our nations $7.2 trillion government debt.
| |MD |IT |HaW |Ed |Rev |Bud | Def |GDP |
|2003 |515 |32 |1,028 |82.6 |1,782 |2,157 |-375 |10,828 |
|2004 |521 |41 |1,081 |87.2 |1,798 |2,318 |-520 |11,466 |
|2005 |490 |30 |1,154 |89.0 |2,036 |2,399 |-363 |12,042 |
|2006 |511 |33 |1,271 |88.9 |2,205 |2,473 |-268 |12,641 |
|2007 |534 |34 |1,286 |87.8 |2,350 |2,592 |-489 |13,279 |
|2008 |558 |35 | 1,361 |87.7 |2,485 |2,724 |-242 |13,972 |
|2009 |582 |35 | 1,436 |88.0 |2,616 |2,853 |-237 |14,702 |
| Adj. |Mil. |AID |HaW |Ed. |Rev |Budget |Def |GDP |
|2003 |515 | 32 |1,028 |82.6 |1,798 |2,157 |-376 |10,828 |
|2004 | 499 | 41 |1,081 |87.2 |1,798 |2,218 |-420 |11,466 |
|2005 | 365 |75 |1,000 |89.0 |2,036 |2,005 |+31 |12,042 |
|2006 |365 | 75 |1,000 |88.9 |2,205 |1,999 |+297 |12,641 |
|2007 |365 |100 |1,000 |87.8 |2,350 |2,021 |+329 |13,279 |
|2008 |365 |100 |1,000 |87.7 |2,485 |2,054 |+436 |13,972 |
|2009 |365 |100 |1,000 |88.0 |2,616 |2,051 |+566 |14,702 |
48. We shall not immediately concern ourselves with more than the recent sabotage of the state Medicaid System in a major fraud against the United States for which the President claimed $4.5 billion of criminal responsibility in the State of the Union Address HA-2-2-05 however local officials have also been quite free with the money that needs to be evaporated as the result of straying from the law it was printed to serve. Under Sec. 120 of Chapter 5 Health and Welfare (HaW) the board of commissioners determines from the quarterly reports filed by the trustees with the county auditor that the levies made by the respective townships for poor relief purposes will be insufficient to provide free and available money during the following year for poor relief purposes. Under Sec. 122 The Managing Trustee may determine that borrowing authorized under 42USC(7)401(k-1)is appropriate in order to best meet the need for financing the benefit payments. Under 42USC(7)IVA606 the Secretary of Health and Human Services (SHHS) may also makes loans, repayable in 3 years, particularly in anti-welfare fraud cases. When encountering such frozen assets it is recommended to adjust funding from grants to anti-welfare loans of the Secretary of Health and Human Services so that Red Cross trustees representing the, duly informed, International Committee of the Red Cross, can be afforded as members of state and local boards of trustees of the federal department of health and human services, with the interest earned from these loans. The Department of Health and Human Services needs to address the lack of credibility in the Medicare/Medicaid system that was reported by Tommy Thompson in 2003. The Thomsen principle, applicable to the third law of thermodynamics regarding enthalpy that states “every chemical change accomplished without the intervention of an external energy tends toward the production of the body or the system of bodies that sets free the most heat. In other words, all spontaneous reactions are exothermic” took hold in the Department of Health and Human Services after the United States got into hot water with Afghanistan, founded the Department of Homeland Security to avoid settling reparations with Afghanistan, and began to boil in Iraq. Fame, Famine and Fascism HA-10-2-05 dictated that Tommy G. Thompson be removed from offices of trust and given a reasonable retirement plan that included supervision by the Secretary of Treasury to prevent private access to large sums of stolen government assets in the future. As he was leaving Thompson seems to have sabotaged State Medicaid in retribution for being punished with $666 reimbursement by the county and state health professionals in behalf of beneficiary(ies) who had been involuntarily garnished $66.60 in a one page letter of the Secretary of Health and Human Services around Thanksgiving 2003. Secretary Leavitt unfortunately has continued cursing in his biography and must take greater responsibility for the “more than 66,000” employees of his agency who do not want to suffer political schism like their beneficiaries did last year. Sec. Leavitt must choose a luckier number if he hopes for his society to succeed. On August 30, 2004 Jo Anne B. Barnhardt Social Security Commissioner and Mark B. McClellan MD CMS Administrator wrote to eliminate controversies regarding Medicare that now needs to be enforced.
First, the poverty line for automatic eligibility for both Medicare Part A and B was determined on 30 August 2004 to be an income of less than $1,068 as an individual or $1,426 married and under 42USC(7)I407a their benefits cannot be garnished through legal process, or other. Due to the proportionately high cost of living for people living below this poverty line it is a crime to deprive individuals of their relief benefits if they belong to the identifiable class of people living below the poverty line 18USC(13)246. The August 30 brief estimated that $800 a year can be afforded for the health of every person in the USA. Premiums may only be charged to individuals making more than poverty line All individuals must be afforded annual preventive medical, dental and laboratory check ups to avoid expensive emergency room care and the debilitating effects of treatable illnesses. The goal is to provide free Medicare Part A and B to all people living below the poverty line and offering safe state health insurance to people making more than the poverty line for reasonable premiums.
Second, for CMS customer relations to prosper in an atmosphere of mutual trust CMS must send a notice of payment to the patient at the end of the quarter rather than merely subjecting them to an unsatisfied bill after the end of the month as called for in 42USC(7)XVIII1395b-7. Let there be no mistake, tell the patient that the state has paid at the end of the quarter rather than informing them of just the monthly memorandum. This will lend CMS credibility with state and local agencies as the public health demands becomes satisfied in opinion polls regarding government health care.
Third: the Thomsen principle, applicable to the third law of thermo-dynamics regarding enthalpy that states “every chemical change accomplished without the intervention of an external energy tends toward the production of the body or the system of bodies that sets free the most heat. In other words, all spontaneous reactions are exothermic” shall cease to apply when the office of the Secretary of Health and Human Services makes the intrinsic decision to desist to incite genocide, ie major fraud, by prohibiting bestial numerological, psychological nihilism and bio-terrorism references in agency correspondence and legislation. As a former beneficiary I cannot consider Medicare fit for consumption until Sec. Leavitt is publicly sworn in with the Hippocratic Oath by the best Health Committee that can be mustered in the US Legislature by the many agencies of the Department of Health and Human Services and American Medical Association in hopes that Sec. Leavitt will be the Secretary to make the positively dynamic decision to change the name of his office from the suppressive title of “Secretary of Health and Human Services (SHHS)” to a more intellectually inspiring and socio-economically supportive “Medical Director (MD) of Health and Human Services”.
49. The Hippocratic Oath of 400 BC states in part, after directing physicians to respect and remunerate their teachers, I will follow that system of regimen which, according to my ability and judgment, I consider for the benefit of my patients, and abstain from whatever is deleterious and mischievous. I will give no deadly medicine to any one if asked, nor suggest any such counsel; and in like manner I will not give to a woman a pessary to produce abortion. Into whatever houses I enter, I will go into them for the benefit of the sick, and will abstain from every voluntary act of mischief and corruption. In Gorgia Plato wrote, and after such training in common together, then at last, if we think fit, we may enter public life, or we may take counsel together on whatever course suggests itself, when we are better able to take counsel than now. For it seems to me shameful that, being what apparently at this moment we are, we should consider ourselves to be fine fellows, when we can never hold the same views about the same question-and those too the most vital of all-so deplorably uneducated are we! Then let us follow the guidance of the argument now made manifest, which reveals to us that this is the best way of life-to live and die in the pursuit of righteousness and all other virtues.
50. The training in the petition for a writ of certiorari Ashcroft v. Oregon 9th No. 04-623 and Appendix to the Petition lies, not in what but who constitutes a “legitimate medical interest”? The tendency is to agree with the Oregon District Court and 9th Circuit Court that neither the Attorney General nor Justices of the Supreme Court should be plaintiffs to the action and that the judges and attorney general’s are themselves lacking in standing to render any decision disfavor able to the living will of Oregon voters whatsoever! The only person more a-SHaHSMD is of course this assistant to the Secretary of Health and Human Services (SHaHS) Medical Director (MD) Michael Leavitt as the Federal Attorney General (FAG) Speedy Alberto Gonzalez (AG) even escapes Hospitals & Asylums with his cajones by serving as defendant in this civil action titled Secretary of Health and Human Services Medical Director (MD) Michael Leavitt v. Attorney General Alberto Gonzalez 9th Cir. No. 04-623 (2005). My old friend’s newborn boy Thomas Elliot Knock, weighing 9 lbs 1 oz, on 28 February 2005 was not so lucky as he recently suffered the cruel and unusual procedure of male genital circumcision in seeming retribution for the painful childbirth that caused some female genital mutilation causing a so called “’terror’ between the vagina and anus” that is disqualified for such extrinsic punishment under the medical purposes of labor and birth principle of 18USC116(b)(2). For the purpose of peace of mind required for good judgment under Art. 1 of the Basic Principles on the Independence of the Judiciary (1985) we must direct Congress to dismiss the Attorney General from office of trust in Title 21 US Code Chapter 13 Drug Abuse Prevention and Control in favor of more professional representation of legitimate medical purpose by the Secretary of Health and Human Services (SHHS), his possible decedent Medical Director of Health and Human Services (MDHHS) and the American Medical Association (AMA) in general, for peace of mind sufficient to answer questions regarding Medical Ethics publicly. The advisory opinion of the World Health Organization (WHO) is also highly sought, as always. The net gain of this legislative transaction shall be not more than to transfer the agency accounts of the Independent Drug Enforcement Administration (IDEA) to the administration of the Department of Health and Human Services (DHHS) to lend the Secretary of Health and Human Services (SHHS) federal regulatory authority regarding the licensing of physicians and pharmacists for the distribution of controlled substances by means of prescriptions reliant upon the recommendation of the Food and Drug Administration (FDA). Revocations of professional licenses could be informally appealed to state license boards rather Circuit Courts of Appeals that would also be accessible to the ex-relator. All law that need be done by Congress and Senate Hospitality (CASH) is to change reference to the name of the Attorney General in the CSA to read Secretary of Health and Human Services. Work of not more than a day!!!
51. The Physician-Assisted Suicide Cases and Comparative Law Methodology in the United States Supreme Court, in Law at the End of Life: The Supreme Court and Assisted Suicide 125, 129-130 (C. Schneider ed. 2000) founded the examination of our Nation's history, legal traditions, and practices in Washington v. Glucksburg No. 96-110 (1997) that demonstrated that Anglo American common law has punished or otherwise disapproved of assisting suicide for over 700 years; that rendering such assistance is still a crime in almost every State; that such prohibitions have never contained exceptions for those who were near death; that the prohibitions have in recent years been reexamined and, for the most part, reaffirmed in a number of States; and that the President recently signed the Federal Assisted Suicide Funding Restriction Act of 1997, which prohibits the use of federal funds in support of physician assisted suicide. Pp. 5-15. Washington law provides: "A person is guilty of promoting a suicide attempt when he knowingly causes or aids another person to attempt suicide." Wash. Rev. Code 9A.36.060(1) (1994). "Promoting a suicide attempt" is a felony, punishable by up to five years' imprisonment and up to a $10,000 fine 9A.36.060(2) and 9A.20.021(1)(c). At the same time, Washington's Natural Death Act, enacted in 1979, states that the "withholding or withdrawal of life sustaining treatment" at a patient's direction "shall not, for any purpose, constitute a suicide." Wash. Rev. Code 70.122.070(1). A panel of the Court of Appeals for the Ninth Circuit reversed, emphasizing that "in the two hundred and five years of our existence no constitutional right to aid in killing oneself has ever been asserted and upheld by a court of final jurisdiction." Compassion in Dying v. Washington, 49 F. 3d 586, 591 (1995).
52. In light of that history, this Court's decisions lead to the conclusion that respondents' asserted "right" to assistance in committing suicide is not a fundamental liberty interest protected by the Due Process Clause, in fact, I must insert, it would be more polite to deny people the “right to die” on the grounds that such a “right to die doesn’t exist” because of the supremacy of the purpose of the “right to life” renders “liberty to die” more truthful. The Ninth Circuit's and respondents' various descriptions of the interest here at stake--e.g., a right to "determine the time and manner of one's death," the "right to die," a "liberty to choose how to die," a right to "control of one's final days," "the right to choose a humane, dignified death," and "the liberty to shape death"--run counter to that second requirement. Since the Washington statute prohibits "aiding another person to attempt suicide," the question before the Court is more properly characterized as whether the "liberty" specially protected by the Clause includes a right to commit suicide which itself includes a right to assistance in doing so. This asserted right has no place in our Nation's traditions, given the country's consistent, almost universal, and continuing rejection of the right, even for terminally ill, mentally competent adults.
53. The constitutional requirement that Washington's assisted suicide ban be rationally related to legitimate government interests, see e.g., Heller v. Doe 509 U.S. 312, 319 -320, is unquestionably met here. These interests include prohibiting intentional killing and preserving human life; preventing the serious public health problem of suicide, especially among the young, the elderly, and those suffering from untreated pain or from depression or other mental disorders; protecting the medical profession's integrity and ethics and maintaining physicians' role as their patients' healers; protecting the poor, the elderly, disabled persons, the terminally ill, and persons in other vulnerable groups from indifference, prejudice, and psychological and financial pressure to end their lives; and avoiding a possible slide towards voluntary and perhaps even involuntary euthanasia. The relative strengths of these various interests need not be weighed exactingly, since they are unquestionably important and legitimate, and the law at issue is at least reasonably related to their promotion and protection. Pp. 24-31. The future prosperity of our nation is reliant upon the author to draft a Hospitals & Asylums (HA) Chapter 9 Public Health Department (PHD) to renovate Chapter 9 Hospitalization of Mentally Ill Nationals Returned From Foreign Countries within 5 years under 1USC(3)§202(c).
X. 9-11 Memorial Walls
54. Hospitals & Asylums (HA) 24USCode Chapter 7 Sec. 295a. Arlington Memorial Amphitheatre that states a) Recommendations of Secretary of Defense for memorials and
Entombments. The Secretary of Defense or his designee may send to Congress in January of each year, his recommendations with respect to the memorials to be erected, and the remains of deceased members of the Armed Forces to be entombed, in the Arlington Memorial Amphitheater, Arlington National Cemetery, Virginia.
(b) Specific authorization from Congress No memorial may be erected and no remains may be entombed in such amphitheater unless specifically authorized by Congress.
(c) Character of memorials. The character, design, or location of any memorial authorized by Congress is subject to the approval of the Secretary of Defense or his designee.
55. The conviction of Ossama bin Laden and Al Queda for the suicide attacks on the World Trade Center and Pentagon by the National Commission on Terrorist Attacks Against the United States (9-11 Commission), is largely discredited. The Independent Panel Report On DoD Detention Operations Abu Ghraib Abuses discovered that much of the evidence contained therein had been obtained from prisoners detained by the Department of Defense who are reported to have been tortured and are not very credible under the best of circumstances for the risk of non-persuasion and disreputable source under the Federal Rules of Evidence. The Former Solicitor General of the United States (2001-2004) Theodore B. Olson, was both born on September 11, 1940 (9-11-40) lost his wife, Barbara Olson, in Flight 77 that crashed into the Pentagon. Olson’s rule as the representative of the Government to the US Supreme Court was rife with the death penalty, unregistered prisoners, planted evidence, false arrests, cover-ups, demands to put the government in the best light, white-collar crime, extremely excessive sentencing and the persecution of Muslims and others accused of being terrorists. This conspiracy is supported by the continued presence of the Terrorism and Violent Crime Section of the Criminal Division of the U.S. Department of Justice that does nothing but oversee the execution of juvenile offenders convicted of murder as directed by 9-8.001 in flagrant violation of Art. 6(5) of the International Covenant on Civil and Political Rights 2200A (XXI) 1966. The hypothesis that Mrs. Olson was a hijacker remains a possibility. The motive, to make a war, is plausible because Olson was a great supporter of the Bush Administration that was coming under fire for defense overspending that lacked (and continues to lack) justification shortly before the September 30, 2001 budget deadline. They needed a war to continue the large deposits in their investment corporations and a Terrorist Attack on the United States was the only way to convince Congress to stage a war that would establish the necessity for such a large surplus of money after the initial bid for war on Iraq was rejected. The question seems to be, as it so often is in the United States where the lies are nearly so numerous as the prison beds, who committed the crime, the accused fugitive or the former Solicitor General whose birthday this occurred on, or his wife?
9-11
MEMORIAL
ON SEPTEMBER 11, 2001 BOTH TOWERS OF THE WORLD TRADE CENTER WERE DESTROYED. THESE WALLS WERE ERECTED BY THE UNITED NATIONS FOR THE LEASEHOLDER LARRY SILVERSTEIN IN 2005, IN IN PURSUIT OF WORLD PEACE AND IN MEMORY OF THE VICTIMS
FORMER LEASEHOLDER (dob and dod required)
DECEASED (only dob and organization required)
SEPARATE WALLS :
PASSENGERS FLIGHT
PASSENGERS FLIGHT
9-11
PENTAGON MEMORIAL
PASSENGERS FLIGHT 77
SOLDIERS KILLED IN COMBAT SINCE 9-11-2001
DONATED BY THE US SECRETARY OF VETERAN”S AFFAIRS
Bibliography
1. Greenhouse, Linda. Justices try physician assisted suicide under the Oregon Death with Dignity Act of November 1994. New York Times. Washington. 22 February 2005.
2. Ashcroft v. Oregon 9th No. 04-623
3. 21USC824(a)(4)
4. Appendix to the Petition
5. Roper v. Simmons No. 03-633 (2005)
6. Washington v. Glucksburg 9th No. 96-110 (1997)
7. USA Prison Population HA-30-6-99
8. World Prison Population Brief HA-16-12-04
9. Oregon Death with Dignity Act No. 1994 Oregon Revised Statutes 127.800 to 127.897
10. Natural Death Act August 30, 1976 codified in the California Health and Safety Code div. 7 pt. 1 chap 3-9 Secs. 7185-7195
11. Judge Cardozo. Schloendorff v. Society of New York Hospital 211 N. Y. 125, 129, 105 N.E. 92, 93 (1914)
12. Cruzan v. Director, Mo. Dept. of Health 497 U.S. 269 (1990)
13. Washington v. Harper 494 U.S. 210 (1990)
14. Wash. Rev. Crim. Code Sec. 9A.36.060 (1994)
15. Natural Death Act, 1979 Wash. Laws, Wash. Rev. Code Sec. 70.122.070(1), 70.122.100 (1994)
16. AMA, Code of Ethics 2.211 (1994)
17. H. Hendin, Seduced by Death: Doctors, Patients and the Dutch Cure 24-25 (1997)
18. Rodriguez v. British Columbia (Attorney General) 107 D. L. R. (4th) Canada 342 (1993)
19. House of Lords, Session 1993-94 Report of the Select Committee on Medical Ethics, 12 Issues in Law & Med. 193, 202 (1996)
20. Graeme, MPs Throw out Euthanasia Bill, The Dominion (Wellington), Aug. 17, 1995, p. 1
21. Shenon, Australian Doctors Get Right to Assist Suicide, N.Y. Times, July 28, 1995, p. A8
22. Mydans, Assisted Suicide: Australia Faces a Grim Reality, N. Y. Times, Febr. 2, 1997, p. A3. On March 24, 1997
23. Thornhill, Australia Repeals Euthanasia Law, Washington Post, March 25, 1997, p. A14
24. Euthanasia Laws Act 1997, No. 17, 1997 (Austl.)
25. Columbia Constitutional Court. Sentencia No. C 239/97. Mayo 20, 1997
26. Colombia's Top Court Legalizes Euthanasia, Orlando Sentinel, May 22, 1997, p. A18
27.J. Keown Euthanasia Examined. Netherlands. 1995. pp 261, 289
28. Van der Wal, Van Eijk, Leenen, & Spreeuwenberg, Euthanasia and Assisted Suicide, 2, Do Dutch Family Doctors Act Prudently? Family Practice 135 (1992)
29. Bachman et al., Attitudes of Michigan Physicians and the Public Toward Legalizing Physician Assisted Suicide and Voluntary Euthanasia, 334 New England J. Med. 303-309 (1996)
30. Lee et al., Legalizing Assisted Suicide--Views of Physicians in Oregon, 335 New England J. Med. 310-315 (1996)
31. Back, Wallace, Starks, & Perlman, Physician Assisted Suicide and Euthanasia in Washington State, 275 JAMA 919-925 (1996)
32. Slome, Moulton, Huffine, Gorter, & Abrams, Physicians' Attitudes Toward Assisted Suicide in AIDS, 5 J. Acquired Immune Deficiency Syndromes 712 (1992)
33. Oregon Department of Human Services Death with Dignity Act
34. 2003 Annual Report on the Death with Dignity Act
35. Kimsma, Gerrit K. Euthanasia and Euthanizing Drugs in The Netherlands, 198-204 (1996)
36. United States Supreme Court, the Ninth Circuit Court of Appeals October 27, 1997
37. November 1997, Measure 51 (authorized by Oregon House Bill 2954)
38. Federal Register 66 FR 56608 (9-11-2001)
39. Controlled Substances Act 21USC801-971 (1994 & Supp. II 1996) (CSA)
40. Memorandum for the Attorney General and Administrator of the DEA, Thomas A. Constantine from Deputy Assistant Attorney General Sheldon Bradshaw, Representative Henry J. Hyde, Chairman of the House Judiciary Committee, and Senator Orrin G. Hatch, Chairman of the Senate Judiciary Committee. 27 June 2001.
41. Lethal Drug Use Prevention Act of 1998
42. Pain Relief Promotion Act of 2000
43. Purpose of issue of a prescription 21CFR1306.04 (2001)
44. Denial, Revocation or Suspension of License 21USC824(a)(4)
45. Prohibited Acts A 21USC841(a)(1)
46. Prohibited Acts B 21USC842(a)(1)
47. Definitions 21USC802(10) (12)
48. Registration Requirements 21USC823(f)
49. Lee v. State of Oregon 891 F. Supp. 1429 (D. Or. 1995) vacated in 107 F.3d 1382 (9th Cir. 1997)
50. Legitimate medical purpose 21CFR 1306.04(a)
51. Violations 21USC829 and 841(a)(1)
52. Oregon v. Ashcroft 9th Cir. No. 02-35587 Argued and Submitted May 7, 2003, Filed May 26, 2004
53. Controlled Substances Act of 1970 ("CSA"), 21USC801-904
54. Ashcroft, John. Interpretive Rule published at 66 Fed. Reg. 56,607
55. Attorney General 21USC871(b)
56. Center for Substance Abuse 42USC290bb-2a
57. Authority to Control 21USC811(b)
58. Article 11 of the International Covenant on Civil and Political Rights 999 U.N.T.S. 171, of Mar. 23, 1976
59. Art. 11(2) of the Universal Declaration of Human Rights 217 A (III) of 10 December 1948
60. Stewart, Erpenbeck & Wiederhorn (9th) et al v. USA HA-2004 (doc)
61. US v. Moore 423 US 77 (1975)
62. Congressional Findings and Declarations: Controlled Substance 21USC801
63. Schedules of Controlled Substances 21USC812(c)
64. Rules and Regulations 21USC821
65. General Functions of the DEA 28CFR0.100(b)
66. Application of State Law
67. Ramsey, Paul. Ethics at the Edges of Life. Yale University Press. 4th Printing 1980
68. Fried, Charles. An Anatomy of Values. Harvard University Press 1970 pp 15
69. Dyck, Arthur J.. An Alternative to the Ethics of Euthaniasia: Live or Die. Springer-Verlag 1973 pp98-112
70. Ramsey, Paul. The Indignity of Death with Dignity Hastings Center Report 2 No 2 (May 1974) pp47-62.
71. On Dying Well: An Anglican Contribution to the Debate on Euthanasia. Church Information Office. London. 1975 pp. 2
72. Robert M. Veatch Death,Dying and the Biological Revolution .Yale Univerity Press. 1977
73. Karen Ann Quinlan 70 NJ 10 (1976)
74. Judge Robert Muir Jr. for the New Jersey Supreme Court 137 NJ Super. 227
(November 10, 1975)
75. John F. Kennedy Memorial Hospital v.Delores Heston and Hane Heston 279 A 2d
670(NJ Sup Ct. 1971)
76. Ruth Russel’s book Freedom to Die. New York. Human Sciences Press. 1975
77. Jones v. Saikewicz No. 711 (sup. Jud. Ct. Mass. 1976) Civil Action No. 76-173
78. On 1 October 1976 California Governor Edmund G. Brown, Jr. signed into law the Natural Death Act that passed the legislature on August 30, 1976 codified in the California Health and Safety Code div. 7 pt. 1 chap 3-9 secs. 7185-7195
79. Judiciary Act of 1789
80. unconstitutionally unequal section 4 of the XIV Amendment to the US Constitution of 1868
81. Clinton Solicitor General Seth P. Wexman Address to the Supreme Court Historical Society of 1 June 1998
82. US Department of Justice Office of the Attorney General
83. Case Concerning Oil Platforms Islamic Republic of Iran v. United States of America 6 November 2003 (ICJ) No. 90
84. Lichtlau, Eric. Ahmed Omar Abu Ali had been arrested during final exams at the Islamic University of Medina on June 11, 2003 without even consulting US officials Washington. New York Times. Feb. 22 2005
85. Art. 36 of the Statute of the Court
86. International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment A/39/51 (1984)
87. Ahmed Omar Abu Ali v.Alberto Gonzalez, Attorney General US (US v. Saudi Arabia 2003-2005 ICJ) referred to Foreign Claims Settlement Commission
88.28 U.S.C. 515(b)
89. Afghanistan Day (BAD)
90. Iraqi Sovereignty HA-30-6-04
91. Sanders v. Kravetz USDC S. Ohio C-98-466 (1998)
92. Chapter VIII Drug Administration Yield (DAY) Act of 2005
93. Chapter VI Correction Conviction
94. Chapter II Attorney General Education (AGE) this July 2005
95. Gonzalez, Juan. Department of Labor HA-19-2-05
96. Department of Health and Human Services (HHS)
97. XXVI Amendment of 1971
98. International Committee on the Red Cross
99. Additional Protocol II relating to the Protection of Victims of Non-International Armed Conflicts of 1977
100. Balance Federal Budget HA-2005
101. State of the Union Address HA-2-2-05
102. Annual Budget in January or February 31USC(11)1105
103. July 16th Supplemental Budget Adjustments 31USC(11)1106
104. Historic Tables of the OMB
105. Social Security Trust Funds 42USC(7)II401g(C)
106. 2004 OASDI Trustees Report
107. 2004 HI and SMI Trustee Report
108. Sec. 120 and 122 of Chapter 5 Health and Welfare (HaW)
109. Managing Trustee 42USC(7)401(k-1)
110. Anti-welfare fraud loans 42USC(7)IVA606
111. Fame, Famine and Fascism HA-10-2-05
112. Secretary of Health and Human Services. $66.60 garnishment. Thanksgiving 2003
113. Jo Anne B. Barnhardt Social Security Commissioner and Mark B. McClellan MD CMS Administrator. Poverty Line Security. August 30, 2004
114. Deprivation of Relief Benefits 18USC(13)246
115. Prohibition of Garnishment 42USC(7)I407a
116. Hippocratic Oath of 400 BC
117. Female Genital Mutilation 18USC116(b)(2)
118. Basic Principles on the Independence of the Judiciary (1985)
119. The Physician-Assisted Suicide Cases and Comparative Law Methodology in the United States Supreme Court, in Law at the End of Life: The Supreme Court and Assisted Suicide 125, 129-130 (C. Schneider ed. 2000).
120. Wash. Rev. Code 70.122.070(1)
121. Compassion in Dying v. Washington, 49 F. 3d 586, 591 (1995)
122. Heller v. Doe 509 U.S. 312, 319
123. Hospitals & Asylums (HA) National Cemeteries. 24USCode Chapter 7 Sec. 295a. Arlington Memorial Amphitheatre
124. Constitution of Oregon Art. II Sec. 23 (3)
132. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty Adopted and proclaimed by General Assembly resolution 44/128 of 15 December 1989
133. Thomas Elliot Knock. Born 28 February 2005. 9 lb, 1 oz; 4.1 kg.
134. New Statute 1USC(3)§202(c)
135. Hospitals & Asylums (HA) 24USCode Chapter 7 Sec. 295a. Arlington Memorial Amphitheatre
136. National Commission on Terrorist Attacks Against the United States (9-11 Commission)
137. The Independent Panel Report On DoD Detention Operations Abu Ghraib Abuses (2004)
138. Federal Rules of Evidence
139. Central Intelligence Agency. 9-11 Commission. Theodore B. Olson, Former Solicitor General 2001-2004, was both born on September 11, 1940 (9-11-40) and lost his wife, Barbara Olson, in Flight 77 that crashed into the Pentagon on his 61st birthday.
140. Oregon Health Licensing Board
US Congress and Treasury
$250 million Tsunami HA-26-12-04
Record 9.0 Earthquake and Tsunami with 114,000 mortalities
1. "I felt that this disaster was God's warning to Acehnese and Indonesians that we should get our acts together and learn the message behind this calamity," said Imran Hamid, 55, searching for his missing sister. Survivors saw the catastrophe as a divine message to end the province's long-running conflict.
2. The earthquake and tsunamis of Sunday 26 December 2004 were the first Ocean wide tsunami in history and attributed with over 114,000 deaths and over 1 million refugees is the most devastating tsunami -- a seismically-generated ocean wave -- triggered by an earthquake in history. With the contribution of $250 million for the first month health and welfare costs the US Congress shall indicate to the International Court of Justice the General Assembly must also contribute $750 million for a $1 billion total humanitarian assistance to be administrated before 28 June 2005 6 months from the printing of this Bill on 28 December 2004, day of seismic peace. To provide security for private contribution the US is recommended to take out a $250 million loan and pay it back with private donations and agency contributions. This is excellent opportunity for USAID to spend the $33 billion in private donations they have hoarded in 2004. To foster speedy tsunami settlement the IMF is recommended to grant full international debt relief credit for timely full payment December 2004, 75% in January 2005 or 50% anytime thereafter. It is therefore imperative that the US secure full payment of this $250 million amount with the IMF.
3. The US Geologic Survey reports, “A great earthquake occurred at 00:58:49 (UTC) on Sunday, 26 December 2004. The magnitude 9.0 event has been located OFF THE WEST COAST OF NORTHERN SUMATRA”. The devastating megathrust earthquake of December 26th, 2004 occurred on the interface of the India and Burma plates and was caused by the release of stresses that develop as the India plate subducts beneath the overriding Burma plate. It is the largest earthquake since the invention of the Richter scale and has been accompanied with numerous smaller quakes. The second largest stuck the Nicobar Islands, India Region with a magnitude 7.5 quake that occurred Sunday, 26 December 2004 at 04:21:25 UTC. Regional early warning systems in Indonesia, Sri Lanka and India could have saved many lives by ordering the evacuation of areas within 5 meters of sea level when regional and global seismic activity become apparent. The earthquakes and resulting tsunami killed 48,924 people by 28 December 2004 that number was raised to 114,000 by 30 December 2004. In 1755, a tsunami originating with an earthquake in the Atlantic Ocean obliterated Lisbon and surrounding areas, killing 60,000 people. The 1883 tsunami triggered by the eruption of the Krakatoa volcano on an island off Indonesia killed an estimated 36,000 people. Although tsunamis from Krakatoa reached as far as Australia and Hawaii, the waves were not very tall and therefore did very little damage. Almost all the devastation was confined to Indonesia's Java and Sumatra. The most recent catastrophic tsunami, in 1998 off Papua New Guinea, killed an estimated 2,200 people. The earthquake and tsunamis of 26 December 2004 is the first Ocean wide tsunami in history and attributed with over 114,000 deaths is the most devastating tsunami -- a seismically-generated ocean wave -- in history.
4. Cost is estimated on 28 December 2004 for 50,000 dead and 1 million refugees at $250 million the first month and $75 million every month thereafter until full employment has been achieved;
50,000 dead x $1,000 survivor benefits = $50 million
1 million refuges x $100 a month = $100 million
Emergency Health: $100 million
Reconstruction loans up to $1 billion
5. The United Nations will need to raise $250 million this December 2004 and $100 million for at least 6 months to afford health and welfare for a total cost of $850 million plus another $150 million critical infrastructure reconstruction for a total gift of $1 billion with loans of up to $1 billion available for reconstruction projects. The United States is encouraged to donate $250 million immediately, enough for the first month and 25% of the total donation. Employment generated by speedy deferred payment long term loans for reconstruction and rehabilitation, national contributions and a reduction to $500 survivor benefits should alleviate the need for more than the $1 billion in international humanitarian assistance estimated on 28 December 2004.
6. The Death toll is reported by UN Relief Web on 28 December 2004 08:42:00 to be;
Sri Lanka: 17,640; 36% revised on 30/12/04 to 24,700
India: 8,523; 17%; Indonesia: 21,000; 44% revised on 30/12/04 to 80,000
Thailand: 1,439; 2.9% revised on 30/12/04 to 2,400
Malaysia: 65; 0.13%
Myanmar: 90; 0.18%
Maldives: 55; 0.11%
Bangladesh: 2; 0.004%
Somalia 100; 0.2%
Tanzania 10; 0.02%
Total: 48,924
7. Deadly diseases stalk the survivors of the massive South East Asian tsunami that has claimed nearly 50,000 lives by Tuesday 28, December 2004. "In the coming days, additional threats to human life such as diarrhoeal diseases and acute respiratory infections can be expected to arise from contaminated water sources," the World Health Organization (WHO) said of the disaster which struck nine nations around the Indian Ocean on Sunday. Medicine, water, body bags, power and communications still in short supply, the threat of widespread sickness was growing while foreign aid agencies must distribute relief to the areas with the assistance of national governments.
8. Germany is to double its urgent aid to the southern Asian countries hit by Sunday's tsunamis, Foreign Minister Joschka Fischer said here on Tuesday. The government has decided to increase its medical, humanitarian and financial aid to two million euros, Fischer said at a press conference. Germany has sent a second team of experts from its federal disaster relief organization to Sri Lanka, and the interior ministry said 12 experts had been sent there to help restore water supplies. WASHINGTON (AP) — Secretary of State Colin Powell said Tuesday the United States "will do more" to help the victims of a massive earthquake and tsunamis in Asia " Initially, the U.S. government pledged $15 million and dispatched disaster specialists to help the Asian nations devastated by the catastrophe that has claimed tens of thousands of lives. On Monday, President Bush sent letters of condolence and Powell exclaimed, "This is indeed an international tragedy, and we are going to do everything we can." Appearing Tuesday on ABC's Good Morning America, the secretary said that at least 11 Americans have died in the disaster and "hundreds" are unaccounted for. The Network for Good directs donations from the United States.
9. Aceh has been under military lockdown for over a year during a government drive to crush a separatist rebellion. A ban on foreign aid agencies has just been lifted.
10. In the first contact from the town of Meulaboh, which would have been among the first hit by the enormous tidal waves that wreaked devastation across Asia, an e-mail from local police said that only 20 percent of the town still stood.
11. Chief police detective Rilo Pambudi said what remained of the town was completely cut off and still being battered by surging waters. He said food was running out, there was looting and further catastrophe loomed.
"If within three to four days relief does not arrive, there will be a starvation disaster that will cause mass deaths," he said.
12. After returning from a reconnaissance flight over Meulaboh and nearby islands, Vice President Yusuf Kalla told journalists there appeared to be no sign of life in the town, which was home to 40,000 people.
13. Other officials say the death toll could more than double again.
14. Sri Hamdani, district council head for Aceh Jaya district, between Meulaboh and Banda Aceh, said half the 95,000 people living in his region may have perished.
"The prediction is that some 50 percent of the population of Aceh Jaya are gone," Hamdani told local radio.
15. In Banda Aceh, which is about 2,000 kilometres (1,200 miles) northwest of Jakarta, 2,000 bodies were unceremoniously buried in mass graves, but without digging gear and manpower many putrefying corpses remained on the streets.
16. Aid agencies said those who survived the quake and tidal waves could still succumb to sickness, as the decomposing bodies and poor sanitation in improvised tent villages were aggravated by a shortage of medical supplies.
"We can assume after a tidal wave of that kind that dengue fever and diarrhoea will spread," said Hadi Kuswoyo of the International Federation of the Red Cross in Jakarta.
17. The chief of Indonesia's military, which lost hundreds of men in the disaster, called for a temporary ceasefire with separatist rebels so both sides could help with the relief effort. Reports said the rebels had reciprocated.
18. The government, backed by international aid groups, was sending plane-loads of emergency supplies into Banda Aceh's reopened airport, while the military said it would set up two mobile hospitals in the province.
19. Michael Enquist, a senior UN official, said that fuel shortages and a lack of vehicles meant that despite huge offers of foreign assistance and cash, there was no way of getting it to the province's 20,000 homeless and others in urgent need.
"We're going to have to build up the whole relief network from scratch," he said.
20. On a brief visit to Banda Aceh to meet victims and inspect the damage, Indonesia's President Susilo Bambang Yudhoyono described the massive disaster as a "trying moment for my nation".
21. Other survivors in the deeply Islamic province saw the catastrophe as a divine message to end the province's long-running conflict
"I felt that this disaster was God's warning to Acehnese and Indonesians that we should get our acts together and learn the message behind this calamity," said Imran Hamid, 55, searching for his missing sister.
22. Tsunamis are often incorrectly referred to as tidal waves, but a tsunami is actually a series of waves that can travel at speeds averaging 450 (and up to 600) miles per hour in the open ocean. In the open ocean, tsunamis would not be felt by ships because the wavelength would be hundreds of miles long, with an amplitude of only a few feet. This would also make them unnoticeable from the air. As the waves approach the coast, their speed decreases and their amplitude increases. Unusual wave heights have been known to be over 100 feet high. However, waves that are 10 to 20 feet high can be very destructive and cause many deaths or injuries. Areas at greatest risk are less than 25 feet above sea level and within one mile of the shoreline. Most deaths caused by a tsunami are because of drowning. Associated risks include flooding, contamination of drinking water, fires from ruptured tanks or gas lines, and the loss of vital community infrastructure (police, fire, and medical facilities).
23. Sharon Begley and Gautam Naik Staff Reporters, The Wall Street Journal
, reported- Before 26 December 2004 there had never been such a devastating tsunami -- a seismically-generated ocean wave -- triggered by an earthquake beneath the Indian Ocean in recent history. Southeast Asia had nothing like the tsunami-warning system that is in place along the Pacific coast. Nor has a quake-generated tsunami started in the Indian Ocean ever crossed the entire Indian Ocean basin, as yesterday's did, reaching from Sri Lanka, Indonesia and Thailand all the way to the east coast of Africa.
"In records going back to 1509, There do not seem to be any tsunamis that were Indian Ocean-wide."
24. That largely reflects the fact that 95% of the world's earthquakes occur in the Pacific Ocean, and tsunamis almost always are triggered by earthquakes. The Pacific Rim is ringed with early-warning systems intended to detect an imminent tsunami in time to allow people to flee to higher ground.
25. The International Tsunami Information Center, for instance, established in 1965 by an agency of UNESCO (the United Nations Educational, Scientific and Cultural Organization) to improve tsunami preparedness, focuses on nations that rim the Pacific. In the U.S., tsunami research, modeling and warning programs are limited to the Pacific coast, Hawaii and Alaska. Countries bordering the Indian Ocean have virtually no early-warning system.
"It's a matter of resources," says Charles McCreery, director of the Pacific Tsunami Warning Center in Ewa, Hawaii. "We know that tsunamis can occur in all the world's oceans, but we have the most organized warning system in the Pacific because that's the most seismically-active region. In other places tsunamis are much less frequent, so it's been hard to find resources for them."
26. The earthquakes that cause tsunamis almost all occur where tectonic plates -- shards of the earth's crust -- meet. Magma rising up from deep within the Earth causes the plates to move. Along faults such as California's San Andreas, the plates are slip-sliding past each other, occasionally getting stuck and then suddenly jerking forward again -- producing an earthquake.
27. The wall of water that devastated the coasts of Sri Lanka, India, Indonesia and Thailand on 26 December 2004 was born where two tectonic plates behave differently, in what is called a subduction zone. About 6.2 miles beneath the Indian Ocean, one such plate, called the India plate, is moving slightly more than two inches a year toward the northeast, according to the National Earthquake Information Center, Golden, Colo. Where it meets another plate, called the Burma plate, it dives under, or subducts. Yesterday, a section of the India plate about 620 miles long slipped under the Burma plate, says the National Earthquake Information Center. That caused the sea floor to lift up and then drop down again, with catastrophic results.
"A zone where one plate is slipping under another is the most dangerous kind of plate boundary for generating tsunamis," Dr. McCreery says. The diving plate causes the ocean floor to deform, "pushing it up and then down again," he says, carrying the entire water column with it. That has occurred before in the Indian Ocean, but never with this magnitude.
"From the historical record, it looks like there were two tsunamis originating in subduction zones in the Indian Ocean in the 1800s, and another in the mid-1990s, but these had purely local effect," he says.
28. A quake that measures 9.0 on a scale of earthquake intensity brings devastation that makes everything else in the historical record pale. "The massive vertical rupture in the sea floor acted like a gigantic wave machine, displacing a huge amount of water," says seismologist Brian Baptie of the British Geological Survey.
29. In the deep ocean, such undulations generated by the "wave machine" typically aren't even detectable by ships. The wave crests often measure less than three feet high and are hundreds of miles apart, so sailors sense nothing amiss and typically don't even know that they are riding atop a growing tsunami. Because the crests are so small and infrequent, it isn't even obvious how fast the tsunami is traveling in the deep ocean: at the speed of a jet, about 500 miles an hour.
30. Ships and sturdy boats sailing in deep waters can usually ride out a tsunami, Dr. Baptie says. In shallower waters, though, the tsunami usually wins, he says, adding that in the past, tsunamis have been known to deposit ships located in coastal waters hundreds of meters inland.
31. Once the tsunami reaches a coastline it slows down and begins traveling at about the speed of a regular wind-generated wave, perhaps 20 to 30 miles an hour. But now it is enormously more dangerous than it was in the open ocean. As the waves slow down near land, all the energy of the wave gets compressed into much less depth. That causes the wave height to increase.
"The tsunami looks less like a regular wave than like a flash flood or a fast-rising tide, with the ocean rising," Dr. McCreery says. Tsunamis rarely "break" the way regular ocean waves do; the wall of water just barrels onto land, petering out only as it reaches far inland.
32. Scientists have developed a precise formula to predict how a wave will behave once it reaches the coast. The speed of the tsunami is proportional to the depth of the ocean through which it travels; specifically, it equals the square root of the gravitational constant (9.8 meters a second) times the depth of the ocean in meters. That formula allows scientists to warn coastal residents when a tsunami is to strike.
33. Because the Pacific Ocean is so well instrumented, with seismic detectors scattered throughout the basin, "tsunami warning centers can locate an undersea earthquake within three to 15 minutes after it occurs and assess the tsunami threat within minutes," Dr. McCreery says.
34. A tsunami that has traversed an entire ocean basin, called a deep-water tsunami, also slams into the coast like a very strong, very fast tide, as if the whole ocean is rising. Tsunamis typically hit in a group of three to 10 waves, separated by troughs, Dr. Bernard says.
35. Because the triggering mechanism -- be it an undersea earthquake, volcano or landslide -- moves such an immense volume of water up and down, tsunamis can propagate across entire ocean basins: they have been known to travel across the entire Pacific Ocean in less than 24 hours. Although a single quake produces only one tsunami, aftershocks can cause smaller ones.
36. In the worst tsunamis, a wall of rushing water called a bore forms. It arrives onshore packing huge destructive power. Right behind it is a deep, fast-moving flood that can sweep away almost anything in its path. In 1755, a tsunami originating with an earthquake in the Atlantic Ocean obliterated Lisbon and surrounding areas, killing 60,000 people. The 1883 tsunami triggered by the eruption of the Krakatoa volcano on an island off Indonesia killed an estimated 36,000 people. Although tsunamis from Krakatoa reached as far as Australia and Hawaii, the waves were not very tall and therefore did very little damage. Almost all the devastation was confined to Indonesia's Java and Sumatra. The most recent catastrophic tsunami, in 1998 off Papua New Guinea, killed an estimated 2,200 people.
37. Although nothing can be done to damp, let alone stop, a tsunami once it has been triggered deep under the ocean, coastal residents can watch for signs that one is imminent. The earthquake that caused the tsunami also can cause nearby ground to shake, Dr. Bernard notes (although many of the regions struck yesterday were too far from the quake's epicenter to feel that). Also, "an approaching tsunami will drain the coastline as water rushes out," he says.
38. People in its path can hear a tsunami's approach, he says: it sounds as loud as a jet plane or a locomotive. When they see the rushing water or hear the approaching tsunami, he says, they have about five minutes to flee to higher ground.
40. Jeannine Aversa, AP, Washington on December 28, 2004 wrote Economies of Asian Nations Should Survive. The devastating earthquake and tsunamis that hit Asian countries will deal a fresh blow to the tourism industry there but aren't expected to produce crippling economic problems in the region or in the United States, economists say.
41. Private economists were scrambling Monday to assess the economic toll of Sunday's deadly natural disaster. For now, they foresee a limited economic impact - largely affecting tourism - because the disaster hit coastal towns and not big manufacturing centers, analysts said.
"The impact on the United States is expected to be minimal mostly because the areas that have been affected by this are primarily rural areas and nondeveloped areas and not big industrial areas. So we don't expect any major production facilities to be affected," said Rakesh Shankar, an economist who focuses on Asian economic issues at .
42. In that regard, this disaster is quite different from the 1995 earthquake that struck the major industrial center of Kobe, Japan, and destroyed much of its port, analysts noted.
"The strongest negative impact will be for countries like Thailand and Sri Lanka. Both of them rely on tourism," Shankar said. "Tourism is really the industry that is going to get hit hardest by this. Even so, we don't expect the impact to last longer than a year at the most." He said millions of dollars in the tourism business probably would be lost.
43. Tourism in the region had been on the rebound after a slump as travelers were shaken by fears about SARS - severe acute respiratory syndrome - and terrorism, analysts said.
44. Shankar and other economists believe the economies of the affected countries will weather the disaster and won't be thrown into a recession or a serious economic downturn. But they may log somewhat slower economic growth, analysts said. The Hurricanes in the US were for instance the largest economic settlement for the US of 2004.
"I think the human toll is severe. At the same time, economically, I don't see it affecting the global economy very much," said Sung Won Sohn, a chief economist at Wells Fargo, who has traveled extensively through the region.
45. Analysts said rebuilding efforts - assisted by international aid - will eventually help economic activity in the countries.
46. So far, experts said they are unaware of any major disruptions in international trade.
"Right now it's business as usual at the ports," said Bill Anthony, a spokesman at U.S. Customs and Border Protection. However, he said, there may be a temporary slowdown if ships are rerouted.
47. Sri Lanka is a big exporter of textiles and apparel to the United States and other countries. India exports textiles, gems and jewelry, among other goods. Indonesia's exports include oil, gas and electrical appliances. Malaysia's exports include electronic equipment, petroleum and liquefied natural gas. Thailand's exports include computers, transistors and seafood.
"I don't see any major impact on U.S. manufacturers," said Clifford Waldman, economist at Manufacturers Alliance/MAPI, a research group. Waldman said the countries affected aren't huge markets for U.S. manufacturers.
48. Waldman also didn't expect major supply disruptions to U.S. companies. But there's the possibility of "transportation bottlenecks and uncertainties with orders and shipping," he said.
49. The National Association of Manufacturers had no immediate assessment.
50. From January through October of 2004, U.S. exports to the Asian countries were far outweighed by imports from them, Commerce Department figures show:
India: U.S. exports came to nearly $5 billion; imports totaled $13.1 billion.
Indonesia: U.S. exports were nearly $2.2 billion; imports came to $9.2 billion.
Malaysia: U.S. exports totaled $8.9 billion; imports totaled $23.3 billion.
Sri Lanka: U.S. exports came to just $133.5 million; imports totaled $1.6 billion.
Thailand: U.S. were valued at $5.2 billion; imports totaled $14.3 billion.
In comparison, U.S. exports to Canada, a major trading partner, totaled $157.5 billion, while imports from Canada came to $212.4 billion.
51. Treasury Department spokesman Rob Nichols said it was too soon to assess the possible economic impact of the disaster on the region.
52. Twenty-four tsunamis have caused damage in the United States and its territories during the last 204 years. Just since 1946, six tsunamis have killed more than 350 people and caused a half billion dollars of property damage in Hawaii, Alaska, and the West Coast. As a tsunami nears the coastline, it may rise to several feet or, in rare cases, tens of feet, and can cause great loss of life and property damage when it comes ashore. Tsunamis can travel upstream in coastal estuaries and rivers, with damaging waves extending farther inland than the immediate coast. A tsunami can occur during any season of the year and at any time, day or night.
53. Investment is directed to the Sea East Asian insurance industry covering the affected states and the supply of products and donations via the Network for Good are tax deductible.
54. The United Nations will need to raise $250 million this December 2004 and $100 million for at least 6 months to afford health and welfare for a total cost of $850 million plus another $150 million critical infrastructure reconstruction for a total gift of $1 billion with loans of up to $1 billion available for reconstruction projects. The United States Treasury is encouraged to donate $250 million immediately, enough for the first month and 25% of the total $1 billion international donations.
International Court of Just-Ice
International Meteor Organization
Comet A’Hearn HA-12-1-05
Comet P/Tempel 1 v. Deep Impact Mission $3.3 million damages HA-4-7-05
Orbital Perihelion Perihelion Semi-Major Orbital Orbital Absolute
Number & Name Period Date Distance Axis Eccentricity Inclination Magnitude
9P Tempel 1 5.51 yrs. 2005-07-07 1.500 AU 3.12 AU 0.519 10.5 deg. 12.0
MISSION: Deep Impact
LAUNCH VEHICLE: Delta II 7925
LAUNCH PAD: Pad 17-B Cape Canaveral Air Force Station
LAUNCH DATE: Jan. 12, 2005
LAUNCH WINDOW: 1:08:20 p.m. and 1:48:04 p.m. EST instantaneous
1. Deep Impact rocketed away at the designated moment on a six-month, 268 million-mile journey to Comet Tempel 1. Since late 2002, Tempel 1 has been slowly making its way back towards the sun. Little is known about Comet Tempel 1, other than that it is an icy, rocky body about nine miles long and three miles wide. During the late summer and fall of 2004, Tempel 1 was on the other side of the sun from the earth and therefore out of view. As the earth continues around in its orbit, Tempel 1 came back into view so that in December, several amateur astronomers were able to get images of the very dim comet. Deep Impact project members hope that many amateurs will particpate in its observing programs. The Small Telescope Science Program (STSP) is geared toward technically proficient observers who want to take scientific data. For more casual observers there is the Amateur Observers' Program. Both will have galleries so be sure to visit often throughout the spring and summer of 2005 to check out the latest images of Tempel 1. The launch of the Deep Impact spacecraft has been officially rescheduled on the Eastern Range for Jan. 12 from 2:39:42 p.m. (EST) on 30 December 2004 with two instantaneous launch opportunities at 1:08:20 p.m. and 1:48:04 p.m. EST. On 1 January 2005 a news release stated that the Deep Impact Mission intends to collide with Comet P/Tempel 1 on US Independence Day 4-7-05 and expects to cause significant, but superficial, damage to the comet without significantly altering the comet’s orbit or creating any threat of collision with planet Earth. Comet Tempel 1 was discovered in 1867 by Ernst Tempel. The comet has made many passages through the inner solar system orbiting the Sun every 5.5 years. This makes Tempel 1 a good target to study evo-lutionary change in the mantle, or upper crust. Comets are visible for two reasons. First, dust driven from a comet's nucleus reflects sunlight as it travels through space. Second, certain gases in the comet's coma, stimulated by the Sun, give off light like a fluorescent bulb. Over time, a comet may become less active or even dormant. Scientists are eager to learn whether comets exhaust their supply of gas and dust to space or seal it into their interiors. They would also like to learn about the structure of a comet's inte-rior and how it is different from its surface. The controlled cratering experiment of this mission provides answers to these questions. Under Art. 7 of the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (1979) more care must be given so as not to disrupt the existing environment and a more environmentally friendly landing procedure should be developed in the future pursuant to Art. 8 of the Agreement and the spirit of the Agreement on the Rescue of Astronauts and the Return of Objects Launched into Outer Space (1968) to uphold the Space Millennium: Vienna Declaration on Space and Human Development (1999) ratified by the Third United Nations Conference on the Exploration and Peaceful Uses of Outer Space in Vienna.
2. The International Court of Just-Ice is requested by Hospitals & Asylums (HA) to pass an advisory opinion in behalf of the International Meteor Organization under Art. 107 of the Rules of the Court and Art. 36 of the Statute of the Court to ensure that the International Meteor Organization IMO and American Meteor Society AMS are registered through diplomatic channels as claimants for NASA pursuant to Art. 7 of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (1967) that states ‘every state is internationally responsible for any damage caused by objects launched by that nation into outer space’ and furthermore that these organizations are properly consulted in future experiments regarding comets and meteors with consideration for reciprocity by means of advance notice under Art. 12 of the Treaty. Evidence appears to be insufficient to justify further delay of the launch date rescheduled for 12 January 2005 as damage is incidental to landing a pod on a Comet moving 50,000 km/hr and damage is projected to be limited to a crater the size of a football stadium. The Convention on International Liability for Damage Caused by Space Objects (1972) is immediately applicable and must be taken into consideration that, notwithstanding the precautionary measures taken by States and international intergovernmental organizations involved in the launching of space objects, damage may on occasion be caused by such objects. Under Art. 1(a) The term "damage" includes property of international intergovernmental organizations and is construed in this case to include intellectual property rights of AMS and the IMO to Comets as they are the source of meteors. Under Art. 12 of the Convention compensation liable for damages shall be determined in accordance with international law and the principles of justice and equity, to restore the international organization to the condition which would have existed if the damage had not occurred. The recommended settlement amount is $3.3 million, 1% of the cost of the Deep Impact Mission, for damages to Comet P/Tempel 1. An advance waiver of $1 million is recommended under 14CFR Sec. 1245.104 for NASA to facilitate the exchange of scientific commentary before the 12 January launch. The rest of the money would be forthcoming when the satellite begins transmitting data requiring dissemination by the incorporated scientists of the Deep Impact Mission, AMS and IMO. Any surplus funds would be used to administrate compensation from the AMS Treasury for outstanding literary works on comets and meteors and $1 per meteor for amateur observers using a visual meteor observation form as set forth in Chapter 11 of Hospitals & Asylums.
3. The Deep Impact mission is a partnership among the University of Maryland (UMD), the California Institute of Technology's Jet Propulsion Laboratory (JPL) and Ball Aerospace and Technology Corp (BATC). Deep Impact is a NASA Discovery mission, eighth in a series of low-cost, highly focused space science investigations. The entire team consists of more than 250 scientists, engineers, managers, and educators. Deep Impact is a NASA Discovery Mission, eighth in a series of low-cost, highly focused space science investigations. Deep Impact offers an extensive outreach program in partnership with other comet and asteroid missions and institutions to benefit the public, educational and scientific communities. On 7 July 1999 NASA announced that Deep Impact would be launched in January 2004 toward an explosive July 4, 2005, encounter with P/Tempel 1. Launch was originally scheduled at 2:39:42 p.m. (EST) on 30 December 2004 however the mission was delayed to allow more time for evaluation of mission software. On 22 December 2004 the launch was rescheduled to 12 January 2005. The mission is designed for a six-month, one-way, 431 million kilometer (268 million mile) voyage. Deep Impact will deploy a probe that essentially will be "run over" by the nucleus of comet Tempel 1 at approximately 37,000 kph (23,000 mph). It will use a copper projectile because that material can be identified easily within the spectral observations of the material blasted off the comet by the impact, which will occur at an approximate speed of 22,300 mph (10 kilometers per second.) The spacecraft will actually consist of two craft that will separate when the comet is reached. The first craft is an instrument platform that will fly slowly by the comet and record data and images of the impact, crater formation, and comet interior. The second craft is the "impactor," which upon reaching Tempel 1 will separate from the flyby craft and be propelled at 10 kilometers per second into a target site on the sunlit side of the comet. The kinetic energy of the 500 kilogram copper impactor is expected to create a large (120 meters diameter), deep (25 meters) crater and vaporize the impactor in the process. Because the impact will be spectacular and observable from Earth, the mission should be of great interest to the public and will provide a tremendous opportunity for students and others to learn more about comets, the formation of the solar system and the role of comets in the history of Earth," One of the most spectacular events in the sky is a comet's flight. However, what is known about the composition of comets has been limited to studying materials that are not pristine because they have been processed by solar heat and radiation, which alters their original state. Deep Impact will study the interior of a comet, which astronomers believe contains material unchanged since the formation of the solar system. "The mission promises to greatly further our understanding of the composition of comets and of the materials and processes that led to the formation of the planets and other bodies in our solar system," said Principal Investigator Dr. Michael A'Hearn. "Learning more about the composition of comets also should help us better understand the past history and future risks of comet impacts with the Earth." Deep Impact’s telescopes aboard the Flyby spacecraft will witness the impact and return data to Earth regarding the composition of the comet based on the ejecta created from the collision. The collision with the Impactor spacecraft will form a crater in the comet, about the size of a football stadium, and as deep as 14-stories. The collision is expected to occur on July 4, 2005. The Deep Impact spacecraft is designed to launch a copper projectile into the surface of comet Tempel 1 on July 4, 2005, when the comet is 133.6 million kilometers (83 million miles) from Earth. the 1-by-1 meter projectile (39-by-39 inches) will create a crater that could be as large as a football field. Deep Impact's "flyby" spacecraft will collect pictures and data of the event. It will send the data back to Earth through the antennas of the Deep Space Network. Professional and amateur astronomers on Earth will also be able to observe the material flying from the comet's newly formed crater, adding to the data and images collected by the Deep Impact spacecraft and other telescopes. Tempel 1 poses no threat to Earth in the foreseeable future.
4. On July 4, 2005, the Deep Impact spacecraft arrives at Comet Tempel 1 to impact it with a 370-kg (~820-lbs) mass. On impact, a crater is produced expected to range in size from that of a house to that of a football stadium, and two to fourteen stories deep. Ice and dust debris is ejected from the crater revealing fresh material beneath. Sunlight reflecting off the ejected material provides a dramatic brightening that fades slowly as the debris dissipates into space or falls back onto the comet. Images from cameras and a spectrometer are sent to Earth covering the approach, the impact and its aftermath. The effects of the collision with the comet will also be observable from certain locations on Earth and in some cases with smaller telescopes. The data is analyzed and combined with that of other NASA and international comet missions. Results from these missions will lead to a better understanding of both the solar system's formation and implications of comets colliding with Earth.
5. The Deep Impact mission lasts six years from start to finish. Planning and design for the mission took place from November 1999 through May 2001. The mission team is proceeding with the building and testing of the two-part spacecraft. The larger "flyby" spacecraft carries a smaller "impactor" spacecraft to Tempel 1 and releases it into the comet's path for a planned collision. In January 2005, a Delta II rocket launches the combined Deep Impact spacecraft which leaves Earth's orbit and is directed toward the comet. The combined spacecraft approaches Tempel 1 and collects images of the comet before the impact. In early July 2005, 24 hours before impact, the flyby spacecraft points high-precision tracking telescopes at the comet and releases the impactor on a course to hit the comet's sunlit side.
a. The impactor is a battery-powered spacecraft that operates independently of the flyby spacecraft for just one day. It is called a "smart" impactor because, after its release, it takes over its own navigation and maneuvers into the path of the comet. A camera on the impactor captures and relays images of the comet's nucleus just seconds before collision. The impact is not forceful enough to make an appreciable change in the comet's orbital path around the Sun.
b. After release of the impactor, the flyby spacecraft maneuvers to a new path that, at closest approach passes 500 km (300 miles) from the comet. The flyby spacecraft observes and records data about the impact, the ejected material blasted from the crater, and the structure and composition of the crater's interior. After its shields protect it from the comet's dust tail passing overhead, the flyby spacecraft turns to look at the comet again. The flyby spacecraft takes additional data from the other side of the nucleus and observes changes in the comet's activity. While the flyby spacecraft and impactor do their jobs, pro-fessional and amateur astronomers at large and small telescopes on Earth observe the impact and its aftermath, and results are broadcast over the Internet.
6. The flyby spacecraft carries a set of instruments and the smart impactor. Two instruments on the flyby spacecraft observe the impact, crater and debris with optical imaging and infrared spectral mapping. The flyby spacecraft uses an X-band radio antenna (transmission at about eight gigahertz) to communicate to Earth as it also listens to the impactor on a different frequency. For most of the mission, the flyby spacecraft communicates through the 34-meter antennae of NASA's Deep Space Network. During the short period of encounter and impact, when there is an increase in volume of data, overlapping antennas around the world are used. Primary data is transmitted immediately and other data is transmitted over the following week. The impactor spacecraft is composed mainly of copper, which is not expected to appear in data from a comet's composition. For its short period of operation, the impactor uses simpler versions of the flyby spacecraft's hardware and software - and fewer backup systems.
7. On Jan. 1 Marcia Dunn of the Associated Press wrote, “NASA Can't Wait to Smash Comet-Busting Spacecraft” CAPE CANAVERAL, Fla. (Jan. 1) - The big, grown-up boys on the NASA team can hardly wait. Next Fourth of July, they get to bust up a comet, Hollywood-style. Blow things up? I'm there. Yeah, I don't have any issue with that," says Richard Grammier, manager of the project for Jet Propulsion Laboratory. (And, oh yeah, he used to work with explosives in the military.) The spacecraft is called Deep Impact just like the 1998 movie about a comet headed straight for Earth. NASA's goal is to blast a crater into Comet Tempel 1 and analyze the ice, dust and other primordial stuff hurled out of the pit. Mission planners say the energy produced will be like 4.5 tons of TNT going off - producing a fireworks display for the world's observatories.
8. Scientists know little about comets and even less about their nuclei, or cores. They believe that penetrating the interior for observations by space and ground telescopes is the next best thing to actually landing, scooping up samples and delivering them to Earth.
"A sample return would be the ultimate, but this is one exciting mission because for the first time we're actually reaching out and we're going to create our own crater," says Donald Yeomans, a senior research scientist at JPL in California - and an adviser on the movie.
"We'll understand how the comet is put together, its density, its porosity, whether it has a surface crust and underlying ices, whether it's layered ice, whether it's a wimpy comet or whether it's a rock-hard ice ball. All of these things will become apparent after we smack it."
9. Astronomers are counting on Deep Impact to live up to its Hollywood name on July 4, six months after its mid-January launch. This is one spacecraft NASA wants to smash and trash.
"It would be like it's standing in the middle of the road and this huge semi coming down at it at 23,000 mph, you know, just bam!" Grammier says.
10. If all goes well, Deep Impact will be the first spacecraft to touch the surface of a comet. NASA's Stardust spacecraft - on its way back to Earth with dust from Comet Wild 2 - flew through the coma, or dusty gas cloud. Deep Impact will have traveled 268 million miles from the time it is launched aboard an unmanned rocket until it intersects with Comet Tempel 1 just beyond the orbit of Mars, at a point more than 80 million miles from Earth. Liftoff is targeted for Jan. 12, two weeks late because of software and rocket problems. NASA has until Jan. 28 to launch Deep Impact. After that, Tempel 1 will be beyond rocket reach and scientists will have to pick another comet and swallow a lengthy delay. That's what happened to the European Space Agency's Rosetta spacecraft, which will attempt a controlled landing on a comet, but not until 2014. Deep Impact, by contrast, will provide "instant gratification," says Grammier. The entire $330 million mission should be wrapped up a month after impact. Comet Tempel 1 is ideal from a scientific and demolition perspective. It's a typical comet - all the better for scientific analysis - yet has a large nucleus and weak coma, all the easier for the impactor to survive the dusty obstacle course and to nail the nucleus. Grammier says the latest calculations put the chance of the impactor missing its target at less than 1 percent. The automatic navigation software has already been tested in space; this will be a fancier version of what successfully flew on NASA's Deep Space 1, a testbed spacecraft launched in 1998, and Stardust, the earlier comet spacecraft.
"We all feel pretty comfortable with that (the odds), but as we've all said before, we're doing something we haven't done before," Grammier says.
11. NASA guarantees that no matter how powerful the punch or how big the crater, Deep Impact will barely alter the comet's orbital path around the sun and will not - repeat, not - put the comet or any part of it on a collision course with Earth. Yeomans calculates that to move Tempel 1 or a piece of it into an Earth-intersecting orbit, the impactor would have to be 6,000 times more massive than what will shoot out of the mothership on July 3. The very next day, the 820-pound impactor will strike at the heart of the comet, creating one awesome Fourth of July display. By celestial standards, the crater that is formed - anywhere from the size of a house to Rome's Coliseum, and from two to 14 stories deep - should be just a dent. Besides, comets get bombarded with stuff all the time; they're pockmarked with craters and cliffs.
"You've got an object the size of a bushel basket running into an object that's 9 miles in length, so we're not going to do any real damage to the comet," Yeomans says.
12. Some scientists, however, contend the comet will shatter into several pieces. Others hypothesize that Deep Impact will create a crater but shove everything in, with hardly anything or nothing ejected.
"It is the uncertainty in the predictions - or the wide range of predictions - that make it particularly important to do this conceptually very simple experiment," says the University of Maryland's Michael A'Hearn, the mission's chief scientist.
13. Whatever the outcome, scientists expect to learn something about deflecting a killer comet - or possibly an asteroid - if one ever happens Earth's way. Comets, after all, have hit Earth before and are thought to have brought water with them. Another practical benefit of the mission: By knowing what's inside comets, NASA would be better able to use them in the future as watering holes and fueling stations. Robots or astronauts, for instance, could break the comet's water down into its basic elements, hydrogen and oxygen, the ingredients for rocket fuel. Then there is all the scientific knowledge to be gained from studying comets, essentially giant dirty snowballs circling the sun. Formed the same time as the planets 4.5 billion years ago, comets are considered the leftover building blocks of the solar system. When the comets periodically swing close by the sun, their surfaces heat up and change, and so only their interiors preserve cosmic-origin clues.
14. The impactor - composed mainly of a 317-pound solid copper disk - will maneuver itself in the oncoming path of the comet and, in essence, get run over by the comet. The relative speed at the moment of the collision will be 23,000 mph, enough to vaporize the impactor. Copper was chosen because, like gold and silver, it does not react with water and will not taint the observations, and it is much cheaper. A camera on the impactor will photograph the comet and beam back the pictures, almost all the way up until the moment of destruction. A pair of cameras on the mothership - flying by at a safe 300 miles - will document the actual strike and the ensuing eruption and crater, and send back all the images.
"We expect to provide great fireworks for all our observatories," Grammier says, "and that's exciting to do it on July Fourth."
15. In conclusion and as a preliminary investigation to the Summer Solstice 2005 revision of the Chapter 11 the implementation of the Convention on Registration of Objects Launched into Outer Space (1975) shall be reviewed for compliance. Believing that a mandatory system of registering objects launched into outer space would, in particular, assist in their identification and would contribute to the application and development of international law governing the exploration and use of outer space. Under Art. 2 When a space object is launched into earth orbit or beyond, the launching State shall register the space object and inform the Secretary General of the United Nations who under Art. 3 keeps an international registry of such space objects, launching states and orbital parameters. The United Nations Office for Outer Space Affairs undertakes to maintain this registry. The US Registry of Objects Launched into Outer Space is maintained by the Space and Advanced Technology (SAT) staff.
Alpha Centauri System: Our closest neighbor HA-12-3-05
Being visible to the naked eye, Alpha Centauri has been known for centuries, if not millennia, although perhaps not as a double star until the 1752 observation of the Abbé [Abbot] Nicholas Louis de La Caille (1713-1762) from the Cape of Good Hope, the southernmost point of Africa, where he was studying the stars of the southern hemisphere with just an half-inch (8x) refractor. Dim Proxima, however, was not discovered until 1915 by Robert Thorburn Ayton Innes (1861-1933) of Edinburgh, Scotland who also was observing from Cape Hope, probably with the 7-inch refractor at the Royal Observatory. If our own Sun, Sol, were viewed from the Alpha Centauri system, it would be located in Cassiopeia near the border with Perseus and about five degrees north of a double cluster near the nebula IC 1805/1848, visible as a bright yellow star that would be almost as bright as Capella (Alpha Aurigae) appears in Earth's night sky.
Sol's three closest stellar neighbors are located in the southeastern corner of Constellation Centaurus, the Centaur. Proxima Centauri (or Alpha Centauri C) is only 4.22 light-years (ly) away (14:29:42.95-62:40:46.14, ICRS 2000.0) but is too dim to be seen with the naked eye. The two bright stars, Alpha Centauri A and B (14:39:36.5-62:50:02.3 and 14:39:35.1-60:50:13.8, ICRS 2000.0), are a little farther away at about 4.36 ly, around 40,000,000,000,000 km. They form a close binary that is separated "on average" by only about 24 times the Earth-Sun distance -- 23.7 astronomical units (AUs) of an orbital semi-major axis -- which is only slightly greater than the distance between Uranus and the Sun ("Sol"). (See an animation of the orbits of Stars A and B and their potentially habitable zones in this system, with a table of basic orbital and physical characteristics.) Visible only from latitudes south of about 25° the star we call Alpha Centauri lies 4.35 light-years from the Sun. But it is actually a triple star system. The two brightest components Alpha Centauri A and B form a binary. They orbit each other in 80 years with a mean separation of 23 astronomical units (1 astronomical unit = 1 AU = distance between the Sun and Earth). The third member of the system Alpha Centauri C lies 13,000 AU from A and B, or 400 times the distance between the Sun and Neptune. This is so far that it is not known whether Alpha Centauri C is really bound to A and B, or if it will have left the system in some million years. Alpha Centauri C lies measurably closer to us than the other two: It is only 4.22 light-years away, and it is the nearest individual star to the Sun. Because of this proximity, Alpha Centauri C is also called Proxima (Centauri). Alpha Centauri A is a yellow star with a spectral type of G2, exactly the same as the Sun's. Therefore its temperature and color also match those of the Sun. Alpha Centauri B is an orange star with a spectral type of K1. Whereas Alpha Centauri A and B are stars like the Sun, Proxima is a dim red dwarf with a spectral type of M5 - much fainter, cooler, and smaller than the Sun. Proxima is so faint that astronomers did not discover it until 1915.
Alpha Centauri A, Rigil Kentaurus ("Foot of the Centaur" in Arabic) is the fourth brightest star in the night sky as well as the brightest star in Constellation Centaurus. Like Sol, it is a yellow-orange main sequence dwarf star of spectral and luminosity type G2 V. It has about 1.09 to 1.10 times Sol's mass and 1.23 its diameter (ESO; and Demarque et al, 1986), is about 52 to 60 percent brighter than Sol (ESO; and Demarque et al, 1986). It may may be only somewhat older than Sol at 4.85 billion years in age (ESO), or much older at around 7.6 (+/- around 10 percent) or 6.8 billion years if it does not have a convective core (Guenther and Demarque, 2000). Since Alpha Centauri A is very similar to our own Sun, however, many speculate whether it might contain planets that harbor life. According to Weigert and Holman (1997), the distance from the star where an Earth-type planet would be "comfortable" with liquid water is centered around 1.25 AUs (1.2 to 1.3 AUs) -- about midway between the orbits of the Earth and Mars in the Solar System -- with an orbital period of 1.34 years using calculations based on Hart (1979), but more recent calculations based on Kasting et al (1993) allow for a wider "habitable zone." The distance separating Alpha Centauri A from its companion star B averages 23.7 AUs (semi-major axis of 17.59" with a HIPPARCOS distance estimate of 4.40 light-years). The stars swings between 11.4 and 36.0 AUs away in a highly elliptical orbit (e= 0.519) that takes almost 80 (79.90) years to complete and are inclined at an angle of 79.23° from the perspective of an observer on Earth (see Dimitri Pourbaix, 2000 in the new Sixth Catalog of Orbits of Visual Binaries; Heintz Orbit Table, 12/1997; and Worley and Heintz, 1983). As viewed from a hypothetical planet around either star, the brightness of the other increases as the two approach and decreases as they recede. However, the variation in brightness is considered to be insignificant for life on Earth-type planets around either star. At their closest approach, Stars A and B are almost two AUs farther apart than the average orbital distance of Saturn around the Sun, while their widest separation is still about six AUs farther the average orbital distance of Neptune. (See an animation of the orbits of Stars A and B and their potentially habitable zones in this system, with a table of basic orbital and physical characteristics.)
Centauri B is a much dimmer companion star is a main sequence, reddish-orange dwarf (K0-1 V). It appears to have only 90.7 percent of Sol's mass, about 86.5 percent of its diameter, and 45 to 52 percent of its luminosity (ESO; and Johnson and Wright, 1983, page 681). Viewed from a planet at Earth's orbital distance around Alpha Centauri A, this companion B star would provide more light than the full Moon does on Earth as its brightest night sky object, but the additional light at a distance greater than Saturn's orbital distance in the Solar System would not be significant for the growth of Earth-type life. According to Weigert and Holman (1997), the distance from the star where an Earth-type planet would be comfortable with liquid water is centered around 0.73 to 0.74 AU -- somewhat beyond the orbital distance of Venus in the Solar System -- with an orbital period under an Earth year using calculations based on Hart (1979), but more recent calculations based on Kasting et al (1993) allow for a wider habitable zone. Useful catalogue numbers and designations for Alpha Centauri B include: Alp or Alf Cen B, HR 5460, Gl 559 B, Hip 71681, HD 128621, and LHS 51.
Proxima (Alpha Centauri C) is a very cool and very dim, main sequence red dwarf (M5.5Ve) that appears to have only 12.3 percent of Sol's mass and 14.5 percent of its diameter (ESO press releases of 3/15/03 and 2/22/02; and Doyle and Butler, 1990, page 337). With a visual luminosity that has reportedly varied between 0.000053 and 0.00012 of Sol's (based on a distance of 4.22 light-years)the star is as much as 19,000 times fainter than the Sun, and so if it was placed at the location of our Sun from Earth, the disk of the star would barely be visible. It is chromosperically active with a rotation period of 31.5 +/- 1.5 days and appears to be between five and six billion years old (Guinan and Morgan, 1996). The star is located roughly a fifth of a light-year from the AB binary pair and, if gravitationally bound to it, may have an orbital period of around half a million years. According to Anosova et al (1994), however, its motion with respect to the AB pair is hyperbolic. Accounting for infrared radiation, the distance from Proxima where an Earth-type planet would be "comfortable" with liquid water is around 0.02 to 0.06 AU (Endl et al, 2003, in pdf) -- much closer than Mercury's orbital distance of about 0.4 AU from Sol -- with an orbital period of two to 16 days. Hence, the rotation of such a planet would probably be tidally locked so that one side would be in perpetual daylight and the other in darkness. Three star spots may have been observed recently with the Hubble Space Telescope (Benedict et al, 1998). Like many red dwarfs, Proxima is a "Flare Star" that can brighten suddenly to many times its normal luminosity. Its flares can roughly double the star's brightness and occur sporadically from hour to hour. Moreover, more than one flare may be emitting at a time. From May to August 1995, several flares were observed with changes within a time-scale of weeks, and archival data suggests that the star may have a long-term activity cycle (Guinan and Morgan, 1996). Its designated variable star name is V645 Centauri. Other useful catalogue numbers for Proxima include: Gl 551, Hip 70890, and LHS 49. Using data collected up to early 1994, astronomers using the Hubble Space Telescope discerned a 77-day variation in the proper motion of Proxima (Benedict et al, 1994). The astrometric perturbations found could be due to the gravitational pull of a large planet with about 80 percent of Jupiter's mass at a 1994 separation from Proxima of about 0.17 AUs -- 17 percent of Earth's orbital distance in the Solar System from the distance, or less than half Mercury's orbital distance. The Hubble astrometry team calculated that the chance of a false positive reading from their data -- same perturbations without a planet -- to be around 25 percent.
In a binary system, a planet must not be located too far away from its "home" star or its orbit will be unstable. If that distance exceeds about one fifth of the closest approach of the other star, then the gravitational pull of that second star can disrupt the orbit of the planet. Recent numerical integrations, however, suggest that stable planetary orbits exist: within three AUs (four AUs for retrograde orbits) of either Alpha Centauri A or B in the plane of the binary's orbit; only as far as 0.23 AU for 90-degree inclined orbits; and beyond 70 AUs for planets circling both stars (Weigert and Holman, 1997). Hence, under optimal conditions, either Alpha Centauri A and B could hold four inner rocky planets like the Solar System: Mercury (0.4 AU), Venus (0.7 AU), Earth (1 AU) and Mars (1.5 AUs). Indeed, the AB system may be more than twice (1.3 to 2.3 times) as enriched in elements heavier than hydrogen ("high metallicity") than our own Solar System (Cayrel de Strobel et al, 1991, page 297; Furenlid and Meylan, 1984; and Flannery and Ayres, 1978). Hence, either stars A or B could have one or two "rocky" planets in orbital zones where liquid water is possible. Useful star catalogue numbers and designations for Alpha Centauri A include: Alp or Alf Cen A, HR 5459, Gl 559 A, Hip 71683, HD 128620, CP(D)-60 5483, SAO 252838, FK5 538, and LHS 50.
Comet Swift-Tuttle orbits the sun once every 134 years and last visited our region of the solar system in 1992. Its orbit stretches from near Neptune to inside the orbit of Earth. The velocity of the Comet of Swift Tuttle is estimated 60,000 m/sec, 60 km/sec, 3,600 km/min, 216,000 km/hr, 5,184,000 km/day, 1,892,200,000 km/yr. A light year represents the 9,500,000,000,000 kilometers that light travels in one year. Impact with the Comet of Swift Tuttle is estimated at 225,000 gigatons of TNT. The question that we hope to answer is does the Comet of Swift-Tuttle reach the next solar system similar to an electron in a double bond in organic chemistry? After 134 years traveling at 1,892,200,000 the Comet of Swift Tuttle would only travel 253,554,800,000 km in the entire round trip voyage, therefore on the basis of the facts presented by the authors in the bibliography we must concur that the trajectory of comets do not leave the Solar System.
Alpha Centauri is a special place, because it may offer life conditions similar to our solar system. A star must pass five tests before we can call it a promising place for terrestrial life as we know it. Most stars in the Galaxy would fail. In the case of Alpha Centauri, however, we see that Alpha Centauri A passes all five tests, Alpha Centauri B passes either all but one, and only Proxima Centauri flunks out.
The first criterion is to ensure a star's maturity and stability, which means it has to be on the main sequence. Main-sequence stars fuse hydrogen into helium at their cores, generating light and heat. Because hydrogen is so abundant in stars, most of them stay on the main sequence a long time, giving life a chance to evolve. The Sun and all three components of Alpha Centauri pass this test.
The second test is much tougher, however, we want the star to have the right spectral type, because this determines how much energy a star emits. The hotter stars - those with spectral types O, B, A, and early F - are no good because they burn out fast and die quickly. The cooler stars - those with spectral types M and late K - may not produce enough energy to sustain life, for instance they may not permit the existance of liquid water on their planets. Between the stars that are too hot and those that are too cool, we find the stars that are just right. As our existance proves, yellow G-type stars like the Sun can give rise to life. Late (cool) F stars and early (hot) K stars may be fine too. Luckily, Alpha Centauri A passes this test with bravour, as it is of the same class as our Sun. Alpha Centauri B is a K1 star, so it is hotter and brighter than most K stars, therefore it may pass this test or it may not. And the red dwarf Proxima Centauri seems to be a hopeless case.
For the third test, a system must demonstrate stable conditions. The star's brightness must not vary so much that the star would alternately freeze and fry any life that does manage to develop around it. But because Alpha Centauri A and B form a binary pair there's a further issue. How much does the light received by the planets of one star vary as the other star revolves around it ? During their 80-year orbit, the separation between A and B changes from 11 AU to 35 AU. As viewed from the planets of one star, the brightness of the other increases as the stars approach and decreases as the stars recede. Fortunately, the variation is too small to matter, and Alpha Centauri A and B pass this test. However, Proxima fails this test, too. Like many red dwarfs it is a flare star, prone to outbursts that cause its light to double or triple in just a few minutes.
The fourth condition concerns the stars' ages. The Sun is about 4.6 billion years old, so on Earth life had enough time to develop. A star must be old enough to give life a chance to evolve. Remarkably, Alpha Centauri A and B are even older than the Sun, they have an age of 5 to 6 billion years, therefore they pass this test with glamour, too. Proxima, however, may be only a billion years or so old, then it fails this test, too.
And the fifth and final test: Do the stars have enough heavy elements - such as carbon, nitrogen, oxygen and iron - that biological life needs ? Like most stars, the Sun is primarily hydrogen and helium, but 2 percent of the Sun's weight is metals. (Astronomers call all elements heavier than helium "metals".) Although 2 percent may not sound a lot, it is enough to build rocky planets and to give rise to us. And again, fortunately, Alpha Centauri A and B pass this test. They are metal-rich stars.
Now to the final question. Do we find at Alpha Centauri warm, rocky planets like Earth, full of liquid water ? Unfortunately, we don't know yet whether Alpha Centauri even has planets or not. What we know is that in a binary system the planets must not be too far away from a particular star, or else their orbits become unstable. If the distance exceeds about one fifth of the closest approach of the two stars then the second member of the binary star fatally disturbes the orbit of the planet. For the binary Alpha Centauri A and B, their closest approach is 11 AU, so the limit for planetary orbits is at about 2 astronomical units. Comparing with our system, we see that both Alpha Centauri A and B might hold four inner planets like we have Mercury (0.4 AU), Venus (0.7 AU), Earth (1 AU) and Mars (1.5 AU). Therefore, both Alpha Centauri A and B might have one or two planets in the life zone where liquid water is possible.
|The Periodic Table |
|Group |1 |
|1 |1 | |2 |
| |H | |He |
|2 |3 |4 | |5 |6 |7 |8 |9 |10 |
| |Li |Be | |B |C |N |O |F |Ne |
|3 |11 |12 | |13 |14 |15 |16 |17 |18 |
| |Na |Mg | |Al |Si |P |S |Cl |Ar |
|4 |19 |
| |K |
|*Lanthanoids |* |
|1 inch [in] | |2.54 cm |
|1 foot [ft] |12 in |0.3048 m |
|1 yard [yd] |3 ft |0.9144 m |
|1 mile |1760 yd |1.6093 km |
|1 int nautical mile |2025.4 yd |1.853 km |
|metric -> |imperial |
|1 millimetre [mm] | |0.03937 in |
|1 centimetre [cm] |10 mm |0.3937 in |
|1 metre [m] |100 cm |1.0936 yd |
|1 kilometre [km] |1000 m |0.6214 mile |
|metric -> |imperial |
|1 sq cm [cm2] |100 mm2 |0.1550 in2 |
|1 sq m [m2] |10,000 cm2 |1.1960 yd2 |
|1 hectare [ha] |10,000 m2 |2.4711 acres |
|1 sq km [km2] |100 ha |0.3861 mile2 |
|imperial -> |metric |
|1 sq inch [in2] | |6.4516 cm2 |
|1 sq foot [ft2] |144 in2 |0.0929 m2 |
|1 sq yd [yd2] |9 ft2 |0.8361 m2 |
|1 acre |4840 yd2 |4046.9 m2 |
|1 sq mile [mile2] |640 acres |2.59 km2 |
|metric -> |imperial |
|1 cu cm [cm3] | |0.0610 in3 |
|1 cu decimetre [dm3] |1,000 cm3 |0.0353 ft3 |
|1 cu metre [m3] |1,000 dm3 |1.3080 yd3 |
|1 litre [l] |1 dm3 |1.76 pt |
|1 hectolitre [hl] |100 l |21.997 gal |
|imperial -> |metric |
|1 cu inch [in3] | |16.387 cm3 |
|1 cu foot [ft3] |1,728 in3 |0.0283 m3 |
|1 fluid ounce [fl oz] | |28.413 ml |
|1 pint [pt] |20 fl oz |0.5683 l |
|1 gallon [gal] |8 pt |4.5461 l |
|USA measure -> |metric |
|1 fluid ounce |1.0408 UK fl oz |29.574 ml |
|1 pint (16 fl oz) |0.8327 UK pt |0.4731 l |
|1 gallon |0.8327 UK gal |3.7854 l |
|metric -> |imperial |
|1 milligram [mg] | |0.0154 grain |
|1 gram [g] |1,000 mg |0.0353 oz |
|1 kilogram [kg] |1,000 g |2.2046 lb |
|1 tonne [t] |1,000 kg |0.9842 ton |
|1 ounce [oz] |437.5 grain |28.35 g |
|1 pound [lb] |16 oz |0.4536 kg |
|1 stone |14 lb |6.3503 kg |
|1 hundredweight [cwt] |112 lb |50.802 kg |
|1 long ton (UK) |20 cwt |1.016 t |
Fahrenheit Celsius Kelvin Conversion Table
Hospitals & Asylums
Declaration of Independence
By Anthony J. Sanders National Director
Tues. HA-8-3-05
Final Social Security Appeal: The Administration will no longer be served by email due to their enforcement of the Law of Diminishing Returns and usurpation of the office of the Commissioner by the President, a known terrorist and fiscal incompetent, to breech domestic contracts, it is now SSA who must appeal for re-subscription to title24uscode@ while the President is impeached under Art. II Sec. 4 US Con.
For a world that is peaceful enough to support prosperity the SEARCH ENGINES of the World Wide Web are hereby requested to add to the top 3 SEARCH ENGINE responses for either; "Hospitals & Asylums" or "Title 24 US Code"
With a caption that should read,
"Hospitals & Asylums (HA) new draft amendments of 2005 are a 10 Chapter, 500 page revision of Title 24 US Code in .doc with links to the original statute at ".
I. Attorney General Alberto Gonzalez
II. Secretary of State Condoleeza Rice
II-A Military Budget Adjustment 2004
II-B Samir A. Vincent v. John Ashcroft Attorney General
III. Fame, Famine & Fascism in the Foreign Service
IV. Chertoff Conviction
V. Manuel “Job” Noriega v. “Suck” Dick Cheney: “Lick” Bush Sr. Presiding
VI. Medical Director Michael Leavitt
VII. Senator Arlen Specter v. Hodgkin’s Lymphoma
VIII. Cabinet Summary
Impeachments other than US President Bush Jr:
1. Andrew Natsios USAID Administrator $33 billion theft
2. Paul Volcker UN Oil For Food Program Iraq Fraud Famine
3. Michael Chertoff Homeland Security Secretary Fraudulent Bomber of Afghanistan
4. Michael Bolton applicant UN Ambassador weapons fraud
5. Wolfowitz applicant President of the World Bank mass murder, unpopular in Iraq
6. “Suck” Dick Cheney US Vice President most homicidal official, $1 trillion theft
7. Donald Rumsfield Secretary of Defense treaty breaking, mass murder, $500 bil. theft
Amendments:
1. Repeal of Title III of the Homeland Security Act of 2002
2. Update of Art. 44 and Cover of the Cincinnati Labor Contract
A. The Declaration of Independence signed on 4 July 1776 is applied to our circumstances as follows, When in the Course of Human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal station to which the Laws of Nature and of Nature’s god entitles them, a decent Respect to the Opinions of Mankind requires that they should declare the causes that impel them to separation. We find that all men are created equal and are endowed with certain inalienable rights- among these the right to life, liberty and the pursuit of happiness- that to secure these rights governments are instituted deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of the Ends, it is the right of the People to alter or to abolish it. When a long Train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such Government and to provide new Guards for their future Security Guards for their future Security. The History of our President, “King George” is history of repeated injuries and usurpation all having in direct object the establishment of an absolute tyranny over these states. Let the Facts be submitted to a candid World so that he and his murderers may be removed from Office.
1. The President has refused to assent to the Balanced Budget HA-2005
2. He has conspired with the Governors and others to rob the balancer of the budget in the State of Union Address and to kill people in sync with the contracting of “Anthrax Sender” although the Governor spoke more wisely in the State of the State Address.
3. He refuses to pass or even review Hospitals & Asylums Statute although it would bring peace and prosperity to large groups of people his agenda involves nothing but squandering the peace and prosperity of future Presidents on illiterate thieves.
4. The President has appointed the most despotic band of thugs and contract killers in the entire world to the highest offices charged with keeping the peace and is attempting to infiltrate the financial world with soldiers entitled to nothing but immediate retirement. By refusing to process their indictments the convictions became of such gravity that the sovereignty of the United States has been waived and the federal government is neither immune from prosecution or respected as a guarantor for loans and grants.
5. Evidence indicates that the 9-11 attack was inside job of Barbara Olson wife of Theodore B. Olson former Solicitor General born on 9-11-40 to justify a war that lost credibility because he could not settle for just one and they tried to cover up the fact.
6. He has obstructed the Administration of justice to perpetrate lies and falsely detain some poor person in lieu of the real perpetrators of his jokes. He has made judges dependent on his will alone for the tenure of their offices and the amount and payment of their salaries.
7. He has affected to render the Military superior to the Civil Power. He has protected them by a mock trial from punishment for any murders. He is at this time quartering large standing armies to complete Works of Death, Desolation and Tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous of Ages, and totally unworthy the Head of any Civilized Nation. He has constrained our fellow citizens taken captive to bear arms against their country, to become the executioners of their friends and brethren, or fall themselves by their hands. He has exited domestic insurrections amongst us.
8. In every stage of these oppressions we have petitioned for redress in the most humble terms. Our repeated petitions have been answered only by repeated injury. He has plundered our bank accounts, ravaged our friends, killed our contracts and destroyed the lives of our People.
9. We therefore in absence of a peaceful and prosperous leader, legislature or justice appeal directly to the Supreme Judge of the World, the United Nations.
10. Let us now then compare the agenda’s of two different homicidal maniacs who have both chosen to forfeit the Hospitals & Asylums Service for their genocide.
a. State of the Union Address Unofficial Transcript HA-2-2-05 Speaker of the House: The President of the United States As the government all the elected branches of the government have a great privilege we share with the newly elected leaders of Afghanistan, Palestine and a newly sovereign Iraq. I would like to guide our nation the ideal of liberty for all. Tonight with a health growing economy the state of the Union is confidence and strong. Our generation has been blessed by the expansion of opportunity and the advances in medicine. We ask the question as our hair grays what will be the state of the Union. Let the United States do what it has always done and do it for our children. First we must restore faith in the economy. When action was needed to Congress delivered. By making our economy more flexible we shall make the US the leader of the world. We must restrain the spending habit of the federal government. I will send a budget that holds discretionary funding and balances the budget by 2009. My budget substantially eliminates government programs that do not fulfill essential objectives as tax dollars must be spent wisely or not at all. Education is the targeted for expansion to make our economy more competitive our county must help small entrepreneurs and protect job owners from junk lawsuits. Justice is distorted and our economy is held back by frivolous class actions and asbestos reforms. To make our economy stronger and more productive we must give families for control over their health decisions. I ask Congress to move forward with an agenda to help poor citizens buy government health insurance and ensure every low income community has a health center. To keep our economy going we also need sources of affordable energy. Nearly four years I submitted a comprehensive energy strategy that included safe clean nuclear energy. My Cleark skies legislation will cut emissions. Research shall investigate alternative fuel sources. I have hired a panel to examine the tax code from top to bottom. I shall create a tax code that is fair to all. America’s immigration system is outdated unsuited to the values of our country or invite chaos at our borders that rejects amnesty that closes the border to drug dealers and terrorists. One of America’s most important institution is in need of wise and effective reform. Social Security was one of the great successes of the 20th Century and we must honor its success in the 21st Century. The system however on its current path is headed towards to strengthen and save social security (drunken yeah). Today more than 25 million receive social security benefits and I have a special message for people over 55- the social security system will not change the social security system has serious problems that will get worse in time. In today’s world benefits are scheduled to rise instead of 16 payers for every beneficiary only 3 payers that will dwindle to 2. In 2018 Social Security will begin paying more than it takes in. By 2033 the annual shortfall will become $300 billion. You and I share a responsibility and must pass reforms that solve the problems of social security once and for all. Many ideas are on the table but we must move ahead with courage and honesty because the future of our children is more important than partisan politics. We must be guided by basic principles to make us permanently sound. We must ensure that lower income Americans have seucirty in their retirement and must ensure that changes are gradual for low income workers. We also have the chance to make it more accessible for workers through voluntary retirement accounts. Rather than investing in federal social security the worker places it in private accounts that accumulate more interest than the government and the money is yours and the government can never take it away. The goal here is greater security in retirement so we will set requirements for personal accounts we will ensure it goes in conservative funds and is not subject to market swings at the moment of retirement. By raising the yearly limit to 4% of wages in personal retirement accounts. Thrift savings plan permits deposits to be made in private accounts to extend the same ownership to young Americans. Our second great responsibility to the future is to protect the institution of marriage. Because a society is measured by how it protects the weak and vulnerable by developing treatment. Committed to build a culture of life to ensure that human life is never bought or sold as a commodity. America will continue to lead the world in medical research that is always ethical. Judges have a duty to faithfully interpret the law not legislate from the bench. As President I have a responsibility to appoint a number of men and women to serve on the bench. The constitution also gives the Senate responsibility every nominee deserves an up or down vote. Our government will focus of faith based groups. Tonight I propose to limit gangs integrate gang members into the community. One of the main sources of national unity is equal justice and must make doubly assure that people are not held responsible for crimes they did not commit and are committed to DNA evidence to prevent wrongful conviction. Since 2001 we have busted terror cells across the country we are working every day to make our Homeland Safer. We have confronted our enemies abroad the Al Queda network still has leaders but many remain. There are still regimes seeking weapons of mass destruction but never without consequence. We will stay on the offensive against them until the fight is won. Pursuing our enemies is vital commitment in the war on terror. We must give them the tools for victory. We are co-operating with 60 governments to stop the transit of dangerous materials. In the long term the peace we seek will only be achieved by eliminating radicalism and ideologies of murder. The only force that will stop the rise of tyranny and terror is the force of human freedom. The United States has no right or desire to impose our form of government on anyone else that is why it shall lead to peace. To promote peace in the broader middle east the US co-operates to fight terrorism. The great and proud nation of Egypt that showed the way to peace in the Middle East will now pave the way to democracy in the Middle East. We must confront regimes that harbor terrorists and promotes mass murder. Our men and women are fighting in Iraq so that we do not have to face them here at home. We will succeed because they (Iraqis) value their liberty as they showed the world last Sunday. Across Iraq, often at great risk millions of citizens went to the polls to elect people represent them in the new democratically elected general assembly. In the end Iraqis must be able to defend their country. An Iraqi reporter said, “tell America not to abandon us.” We are standing up for the freedom of our Iraqi friends and shall make that nation free for generations to come. We have said farewell to many men and women who gave their lives for us. We have seen the unfolding of large events. In our history even when we disagree. We must spread the peace that liberty brings. Thank you and God Bless America.
b. State of the State Address HA-8-2-05 Ohio Governor Bob Taft delivers the 7th State of the State Speech to the Ohio House and Senate.Applause I am honored to be here today with the new leaders of the Ohio General Assembly. We have been meeting to build an agenda for Ohio’s future. I am sure that together we can accomplish great things. It is an honor to be here with our elected officials. I am honored to stand with the members of my Cabinet who are the best people in the nation. There is no way that I could do this work without first lady Hope Taft. We have made progress but there is far more to be done. Before I go on to our unfinished business let us look at our accomplishments. Ohioans are hard working and productive. Ohioans are innovative. Ohioans are practical give them a problem we’ll give you a solution. Ohioans are caring and compassionate there are now 50,000 Ohio leads tutors across the state. Last September I visited Springdale elementary in Mansfield. Our people are our greatest strength but they are not all. We all know that Ohio’ central location is key and we have invested in roads and bridges. There is no better place to raise a family. Sports, world class museums, boating and fishing on Lake Erie and the Ohio River and parks. I am blessed to have a job where I see different parts of the state every week. The courage and patiotism of the airmen makes them the heroes of our time I look forward to them coming home. As we think about Terry Eishcman and so many other Ohioans living in harms way what sort of prospects do their children have in the future? There are many white spots in Ohio’s economy. I have asked Congress to pass laws for better jobs. Together we put together a law to put an end to junk lawsuits as a result Ohio is more competitive than it was a year today now. Last year I called for tax reform it is my number one priority. Let me be clear I promised to work with you day and night in a spirit of co-operation to create fair tax code. More than 300,000 small businesses pay at income taxes and instead of rewarding them we punish them. We also have an oppressive tax on investment. When a company wants to invest in equipment we oppress. This is not something that we should tax and is hurting our ability to compete with other states. Ohio’s corporate tax is a nightmare and we’ve got to fix it. Right now we have the worst of all worlds causing stiffer shocks for companies coming from abroad our collections are low. Its time to reform our tax system to reflect our economy now. We must move Ohio forward, right now. Applause. We’ll all hear a chorus of complaints of special interests and much prevail by remaining committed to the very end. Reforms will bring Ohio in line with the rest of the nation and slash income taxes across the board. Every single Ohio will benefit and if you make less than $10,000 a year you will pay no state income tax at all. We’ll also phase out the tax on inventories while protecting corporations from losses. Our goal is not just to create a modern tax system but to reduce the burden upon Ohio families and corporations. It reduces some taxes and increases others saving $800 million. Leaving $800 million in the pockets of our families. We cannot continue to have a deficit and will continue to tighten our belts. We have closed six state institutions. Our new budget will be the tightest in four years. Medicaid growth will be restrained without hurting the needy. We must tame the Medicaid monster. We must release the powerful energies of this great state. There are two things that we must do promote emerging sectors in our economy and high school education. We are helping Ohio companies thrive. We need to help more companies to compete in the global market and create high paying jobs. For Ohio to retain its competitive advantage Ohio schools are important and there are new funds for students trapped in persistently failing schools. Our academic contents are recognized as some of the best in the nation. Since I’ve been governor we have raised student funding guarantee by one third and we shall direct funding to programs that we know promote success. More than 10,000 high school students are earning college credit and are encouraging students to enroll in engineering programs in high school. We must make sure that colleges are affordable. We will work with you to make a continuous learning system that is more co-operative and more collaborative. To that end our budget proposes and annual tuition increase to six percent for need based scholarships. Last year I pledge to create a non-profit corporation to ensure that all people in Ohio know our story. When we accomplish what I set forth today we will have an even better story to tell. A story how we are sustaining our investment in a knowledge economy that is helping every student to succeed and we won’t let the special interests stand in our way. Ohio became great because we never became afraid of a challenge. Like the people who made the underground railroad a reality. Today think about all the parents who are imparting the values their children need. Think about the challenges our children will face. He knows we are lagging the majority of the country. Lets keep Desmond and all our friends in mind as we go over our unfinished business. Let us resolve to do our job and make this state a better place to live, work and raise a family. May God Bless all of you and the State of Ohio.
B. Section 13(a)(l) of the Fair Labor Standards Act exempts executive, administrative, professional, and outside sales employees from the minimum wage and overtime requirements of the FLSA, and are compensated "on a salary basis" which for certain computer-related occupations under the professional exemption, they need not be paid a salary if they are paid on an hourly basis at a rate not less than $27.63 per hour. I of course suffer one of the common problems as a federal employee who was placed on salary with a small social security settlement in 2001 from an aborted civil lawsuit in 1998 and classified as exempt for reason of disability without regard to duties or percentage of time spent in exempt duties. Through four years of hard work writing Hospitals & Asylums yearly, equinox and solstice for only the occasional insult and injury of cruel Americans and moral support of the United Nations I have succeeded in writing the most valuable book of statute ever written. It is time that the federal government to take responsibility for their independent counsel under 28USC(40)§592 and the federal government must either honor their paltry $523 a month contractual guarantee of 2 November 2004 Claim No. 564-33-9321 HA by compensating me for the $510 a month I recently lost to federal insolvency - $447 in three months without food stamps and $64 missing from my monthly Treasury check in March that must not occur again, or raise my salary to $1,000 a month in recognition of Chapter 3 Health and Welfare, SS.doc, to as high as $100,000 a year from the Secretary of State retroactive to E.O. 13325 Amendment to E.O. 12293 the Foreign Service of the United States of January 28, 2004, for AID2005.doc .
C. This Spring Equinox it is important to note in the Federal Register that Hospitals & Asylums will not serve the Legislative, Executive or Judicial Branches by email, and mail service to the Supreme Court has been discontinued since Fall 2003 due to insufficiency of funds to print the evidence, the agencies will be totally reliant upon the Hospitals & Asylums Website to settle their cases. Do not misunderstand me, we have achieved world peace with the US President. The federal government is however not gearing up for prosperity and the President's State of the Union Address failed to balance the budget or uphold high standards in federal hiring practices. In fact the President confessed to stealing $213 a month from the author's, poverty line, social security and food stamp income this 2005 and in a computer crime stole 6 months of new email addresses and jeopardized the identity of my account holders in what the illiterate perpetrator probably makes light of as a "spam prosecution". In punishment for this crime the Federal Government, including the particularly credible agencies of SSA and USAID, are enjoined with the many people in the UN who must individually subscribe to Hospitals & Asylums by writing such a request to title24uscode@, although all are welcome to read and write for possible publication at the Hospitals & Asylums Website located at . At least five pages of writing are required to reinstate an entire agency or house of Congress. No less than the impeachment of the Vice President is accepted from the White House.
D. Having paid numerous visits this 2005 the Department of Labor (DoL) is by far the friendliest federal agency at this moment in time and serves as an eloquent representation of my only interest in the Federal Government - to be paid for my work in human rights. In conversation with a human resource representative of DoL I made the discovery that, "although there is much hope in the United States of America, Hospitals & Asylums represents the only possible future for the federal government…as the only balanced budget on the market…thank you for your respect of work ethic…the Department of Labor will be the only federal agency I contact at this time (spring quarter)…I reserve the right to contact whoever I wish...I would like to earn from $1,000 a month from SSA (in hopes that the two chapters on social welfare would someday be read)...to $100,000 a year from the Secretary of State retroactive to January 2004 (when the President deposited the Hearing AID Act of 2004 with Bank One)".
E. The US Legislature and President have 5 years with which to hire the Archivist to print Hospitals & Asylums New Draft (HAND) Amendments in the United States Code and no one should feel daunted or threatened by the 500 page manuscript as their teacher has so far failed to interest them in prosperity and is quite willing to settle for just peace. Private publishers and federal agencies are highly encouraged to award the author copyright and royalties in exchange for a mutually harmonious relationship based upon the publication the Hospitals & Asylums Manuscript (HAM) 2005 immediately, in a limited fashion, with consideration for market demand and cognizant of the forthcoming annual statistical editions that promise to contain a Chapter 9: Public Health Department (PHD) as soon as 2006. There are two other shorter books, that could be swiftly enumerated for a reasonable fee by a publisher interested in "International Constitutional Law" or "Hamilton County, Ohio- Community Corrections" and a long work on the States of the United Nations (SUN) won't be done with all five continental regions for at least a year but more likely two. In the meanwhile the author wishes to be represented in the federal government exclusively by the Department of Labor who is welcome to file with the Federal Register in behalf of the author.
F. The Secretary General of the United Nations Koffi Annan is attributed with calling Hospitals & Asylums Website (HAW), "the most sweeping reforms to the United Nations since its foundation" for the applause of the United Nations General Assembly on 10 December 2004. Information Officer Heim of the International Court of Justice and the author concurred on 12 January 2005 that the only way that Hospitals & Asylums can serve you, at this time, is in the form of written proceedings by email.
G. On Fri, 4 Mar 2005 DOLNCC@ wrote thank you for writing the U.S. Department of Labor National Contact Center. Below you'll find general information and referrals pertaining to your questions. Based upon the information you have provided, your question about SOCIAL SECURITY ADMINISTRATION (SSA) can best be handled by the Social Security Administration. The U.S. Social Security Administration (SSA) is responsible for the nation's social security program, and related numbers, cards, and benefits. For more information from the Social Security Administration, call (800) 772-1213 or visit .
H. H. The U.S. Department of Labor would like to suggest that you use the Fair Labor Standards Act (FLSA) eLaws Overtime Security Advisor. You can go online and the Advisor helps to answer questions about the pay and recordkeeping requirements of the Fair Labor Standards Act and exemptions from the overtime and minimum wage provisions. It will only take a few minutes to use. This website also provides the law, the regulations, and compliance assistance materials-such as the eLaws Advisor, the Employment Law Guide chapter, and poster-specifically for this law. These regulations are enforced by the Wage and Hour Division (WHD). For more information about compliance assistance related to your issue please visit
dol/compliance/comp-flsa.htm .
I. Based upon the information you have provided, your question about WAGE DEDUCTIONS/ PAYCHECK SHORT/ MONEY TAKEN OUT OF PAYCHECK BY THE EMPLOYER/ SALARY DOCKED can best be handled by the Wage & Hour Division.The Wage and Hour Division (WHD) administers rules under the Fair Labor Standards Act pertaining to paycheck deductions made by the employer, which are different for exempt and non-exempt employees. That is, non-exempt employees must be paid for hours worked, while exempt employees must be paid their full salary rate, with few exceptions. For more information from the Wage & Hour Division, call (866) 487-9243 or visit wagehour. .
J. The Food Stamp Program helps low-income households buy the food they need. The program is operated by state and local welfare offices, and the federal government oversees the state operation of the program. The best resource to assist you is the U.S. Department of Agriculture (USDA) Food Stamp Information Line. It operates 24-hours
a day, 7 days a week. Additional information is available on their website. The U.S. Department of Labor does not address this issue. For more information from the United States Department of Agriculture, call (800) 221-5689 or visit fns.fns/ .
K. Instant claim for restoration of $523 a month under 42USC(7)II404 and for the creation of a conference of social welfare scholars to study Hospitals & Asylums Statute and hire the National Director under 42USC(7)VII902 for no less than $1,000 a month - the works for study are;
1. Balanced Budget balancedbudget.doc
2. Chapter 3 Health and Welfare (HaW) SS.doc
3. Chapter 5 Agency for International Development (AID)
AID2005.doc
L. I continue to be victimized with the deprivation of relief benefits in contravention to civil rights criminal statute 18USC(13)246 and require again that the money stolen from my March check be repaid under 42USC(7)II404 The Social Security Administration clearly needs to protect their beneficiaries and trust funds by being better grounded in,
1. 42USC(7)I§407a that guarantees "The right of any person to payment is not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this chapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law" this includes Medicare that cannot garnish social security checks to collect premiums involuntarily and may not even do so voluntarily unless that person has an income above the poverty
line.
2. 42USC(7)II422 that protects, "A person's disability insurance eligibility status shall not be revoked until such a time when work earnings exceed, for 9 months, the level of earnings established by the Commissioner" in the letter with the CMS Administrator of August 30 2004 at an annual income of less $12,569 if single or $16,862 if married or monthly income of less than $1,068 as an individual or $1,426
married.
3. Individual development accounts as set forth in 42USC(7)IVA604 shall be a trust created or organized in the United States and funded through periodic contributions to an individual described in 26USC(A)(1)(F)I501(c)(1)(a) of the Internal Revenue Code of 1986 who is exempt from federal taxation under section 501(a) of such Code for reason of poverty or service to the non-profit causes of the poor. SSA needs to reward their beneficiaries for their work.
M. The facts of my case are this. I live on Social Security and receive a $200 a month check from my father for an income significantly less than $1,000 a month. In November 2003 I was chosen by the then Secretary of Health and Human Services for his $66.60 Medicare premium garnishment reducing my check from $513 to $453 thanks to a degenerative vertebral disorder I contracted from a manure pile I spread. After talking to the state social worker several times the state claimed responsibility and arranged to have me reimbursed $666 in November 2004 after which time my check was increased to $523 a month. With the settlement money/curse I purchased a web site. Now
the most valuable book in the history of mankind is available on the Internet at .
N. Needless to say the federal government did not take kindly to being sued for $666 and Tommy Thompson concocted a plan to exterminate everyone who ever had the audacity to write to his office that is clearly marked by its omission of any email address as a threat as ominous as the local courthouse and post office itself. A food stamp interview was scheduled on 20 December, my day of work publishing the quarterly, the social worker didn't show up for the interview and it is reported that she retired however as the agency did nothing but lie the possibility she was killed in a political schism is in the single digit percentile of probability as that was the prevailing county and federal election strategy in 2004. I lost $149 a month in food stamps. The state agency later cancelled my Medicare/Medicaid and took the time to poison the envelope with a "common cold". Needless to say the character assassination worked its way to the social security administration that is not founded as the fraudulent laundry for state charity and is more resistant as a legitimate provider of real money under law. In December I received a form that I filled out and returned. Then I received another form from a Claims Adjudicator named Mr. Dunn from the Ohio Rehabilitation Commission Bureau of Disability Determination in February and she scheduled an interview with social worker because she does not operate on literate frequencies. Now in March I find that my check has been reduced from the $523 to $459. I expect that it is the Medicare garnishment again therefore let me make it clear I don't want Medicare. Your claims processing has been infested with fraud. Your telephones are nothing but endless taped messages. Your written contracts are breeched. I have lost a total of $213 this March with the Social Security reduction. You need to stop persecuting my meager income it will only wreck your government as it is a crime to take bread from a hungry man's mouth whereas it is a virtue to take several slices from a loaf to give to the man who just had the bread taken out of his mouth and all the other people who never had a crust in the first place. Due to the strange behavior exhibited by Medicaid it is also important to say that it is a crime to put rat poison in the bread you feed the poor man whether or not he is wise.
O. What SSA needs to do is hire the author immediately. To work productively together with a minimum of effort or unpleasantness the Commissioner of Social Security, who employs a deputy commissioner and Inspector General to oversee, in co-operation with the Secretary of Health and Human Services, the administrative programs of SSA should create a conference of social welfare scholars under 42USC(7)VII902 interested in reviewing Hospitals & Asylums, to hire the National Director this day, and use him as publisher of their research fully cognizant that they can abolish the conference upon the majority opinion of the participants. The conference will be expected to communicate irregularly with the author by email and should read and write comments or do case work under Chapter 3 Health and Welfare (HaW) before or after the June revision. The Chapters required for social welfare are again;
1. Balanced Budget balancedbudget.doc
2. Chapter 3 Health and Welfare (HaW) SS.doc
3. Chapter 5 Agency for International Development (AID)
AID2005.doc
P. In conclusion let me explain how the American system needs renewal and transition from the collective philosophy of the United States (US) best described by President Kennedy as "ask not what your country can do for you but what you can do for your country" that has built a large and impersonal government that is collapsing under the weight of its fascism and totalitarianism (fat). Now, to save our nation from the madmen who lead it, a new more accountable philosophy needs to be developed therefore let me introduce you to the new ideology of the Unidos Naciones de America (UNA) that is founded in respect for the equal human rights of individuals so that our trust funds balance on a reciprocating basis with benefits paid to the individual so that it could be said, “ask not you can do for your country as they are beyond any chance of being helped but if there is anything left of the country that is not too corrupt to serve you”. It is
highly important that the trust funds and savings accounts are administered to individuals before continuing devaluation of the dollar in retribution for its financial insolvency causes further loss. Now, more than ever, it is the responsibility of the individual to make sure that the government is functioning properly and that the trust funds administrate and are not being lost and stolen to corruption that runs unchecked at all levels of government in the USA. The counsel of this time is to transfer authority to the protection United Nations where people and humanitarian programs are respected in terms of human rights and are relatively safe from the bizarre treatment and persecution we suffer under United States law so that our programs can hope to achieve social security defined by Art. 22 of the Universal Declaration of Human Rights as the free development of an individual's personality. For SSA I recommend the security of the Economic and Social Council (ECOSOC).
Q. I hope to write a whole Chapter on Human Rights for Human Resources using, in part, the information provided by the Department of Labor at dol/compliance/comp-flsa.htm, dol.doc and wagehour. in the near future. If DoL wishes to express interest in the forthcoming Chapter and exhibit competence and sympathy with the writers in this age of enforced ignorance they are encouraged to pay the author $1,000 for the prioritization of Human Rights in Human Resources. REPTO:VMIRANDASRID:1-DFTWYASSX:YACTID
US SENATE
Partial Nominee Hearings Schedule HA-6-1-05
Jan 6:
·Al Gonzales: Barred from the office of the Attorney General for life for disobeying the solicitation of the Supreme Court for a Latino Justice necessitating his conviction by the Senate for treason as White House Counsel resulting in homicide, slavery and torture to protect the American people from the Gonzales military dictatorship that is all he claims to offer as Attorney General. The Supreme Court is called upon to explain this conviction to Mr. Gonzales who has represented himself to be as resistant to counsel from the public as he has been documented to be regarding the abuse of human rights in the US military and Texas judiciary. Obstinate behavior casts increasing prejudice against his confirmation in the solicited role of Justice of the Supreme Court as it demonstrates conviction in a false belief that he is the best candidate for Attorney General when his record clearly indicates that he would preside a deteriorating situation as the result of not being firmly grounded in human rights that are required for federal executives (and judges for that matter) to process complex federal problems swiftly and legally. To satisfy the demand for the lesson of the International Court of Justice on the evolution of the Geneva Conventions of 1949 with the Additional Protocols of 1977 from §232 of the Hearing AID Act of 2005 that has been appended to the following news report compelling the publication of this document in Microsoft Word.
Jan. 18:
· Condoleezza Rice, Secretary of State
Jan. 19:
· Condoleezza Rice, Secretary of State
· Michael O. Leavitt, Health and Human Services Secretary
· Samuel W. Bodman, Energy Secretary
1. Alberto Gonzales brushed off talk that he might be a Bush nominee for the Supreme Court if a vacancy occurs. ''Let me make it clear, I am not a candidate for the Supreme Court’'. JESSE J. HOLLAND, AP wrote Gonzales Grilled Over U.S. Torture Policy: Bush's Justice Nominee Faces Questions From Senate. WASHINGTON (Jan. 6) -- General-nominee Alberto Gonzales, under scorching criticism from senators, condemned torture as an interrogation tactic Thursday and promised to prosecute abusers of terror suspects. He also disclosed the White House was looking at trying to change the Geneva Convention that protects prisoner rights. Pressed by both Democratic and Republican senators at his confirmation hearing, Gonzales defended his advice as President Bush's White House counsel that al-Qaida and other terror suspects were not entitled to the treaty's protections. But he said there was more to the issue than that. ‘Torture and abuse will not be tolerated by this administration,'' Gonzales told Judiciary Committee senators. ''I will ensure the Department of Justice aggressively pursues those responsible for such abhorrent actions.'' Gonzales promised that as attorney general he would abide by the 1949 Geneva treaty but also said the White House was looking at the possibility of seeking revisions. ''Now I'm not suggesting that the principles, the basic treatment of human beings, should be revisited,'' Gonzales said. ''But there has been some very preliminary discussion: Is this something that we ought to look at?'' The discussions haven't gone far, Gonzales said. ''It's not been a systematic project or effort to look at this question,'' he said. ''But some people I deal with, the lawyers, indicate maybe this is something we should look at.''
2. Democrats at Gonzales' hearing repeatedly criticized Bush administration policies on aggressive interrogation of terrorism suspects, and Republicans sometimes joined in, too. Despite the criticism, Gonzales is expected to win confirmation when Congress returns after Bush's inauguration. He would be the nation's first Hispanic attorney general but is not qualified to be our nation’s police chief as the result of his convictions for treason, homicide, slavery and torture as White House Counsel and Justice of the Texas Supreme Court. Democrats said it was Gonzales' January 2002 memo as White House counsel that led to the stripping, mocking and threatening of suspects with dogs. He had argued in his memo that the war on terrorism ''renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.'' Gonzales, as President Bush's White House counsel, was at the center of decisions about ''the legality of detention and interrogation methods that have been seen as tantamount to torture,'' said Sen. Patrick Leahy, D-Vt. Sen. Edward M. Kennedy, D-Mass concluded.: The ''legal positions that you have supported have been used by the administration, the military and the CIA to justify torture and Geneva Convention violations by military and civilian personnel.''
a. Sen. Arlen Specter, R-Pa. said, ''Judge Gonzales comes to this nomination with a very distinguished career; really a Horatio Alger story. Hispanic background, of seven siblings, the first to go to college, attended the Air Force Academy for two years and then received degrees from Rice and Harvard Law School."
b. Sen. Charles Schumer, D-N.Y.asked, asked, "Will you continue the John Ashcroft 'my way or the highway' approach, which often led to embarrassment?''
c. Sen. Patrick Leahy, D-Vt. said, "The searing photographs from Abu Ghraib have made it harder to create and maintain the alliances we need to prevail against the vicious terrorists who threaten us. And those abuses serve as recruiting posters for the terrorists.''
3. Alberto Gonzales responded,” "If confirmed as attorney general, I will no longer represent only the White House; I will represent the United States of America and its people. I understand the differences between the two roles." Gonzales, wearing an American flag pin in his lapel, sat alone at the witness table, family members seated behind him in the crowded hearing room. Senators addressed him respectfully as ''Judge'' - Gonzales is a former Texas Supreme Court justice - but pressed him repeatedly on administration policies. He refused to back away from his legal opinion to Bush that terrorists don't deserve Geneva Convention treatment if captured by Americans overseas. ''My judgment was ... that it would not apply to al-Qaida - they weren't a signatory to the convention,'' he said. He denied that any of the memos he wrote or reviewed in the White House had anything to do with the overseas abuses.
a. 'Would you not concede that your decision and the decision of the president to call into question the definition of torture, the need to comply with the Geneva Convention at least opened up a permissive environment of conduct?'' asked Richard Durbin of Illinois, the Senate's no. 2 Democrat.
b. Saying he was sickened and outraged by photos of Abu Ghraib abuses, Gonzales described the U.S. troops in them as ''people who were morally bankrupt having fun.'' Other abuses of foreign detainees probably were caused because ''there wasn't adequate training, there wasn't adequate supervision.'' ''I respectfully disagree that there was some kind of permissive environment,'' he said.
c. Gonzales' response to some questions Thursday seemed to contradict his description of the Geneva Convention in his January 2002 memo. ''I consider the Geneva Convention neither obsolete or quaint,'' he said at the hearing, promising to ensure U.S. compliance ''with all of its legal obligations in fighting the war on terror.''
d. Gonzales declined to give a legal opinion on the prisoner abuse, suggesting he didn't want to prejudice a possible criminal case as the attorney general nominee. That led to a 10-minute lecture from Sen. Joseph Biden, D-Del., on Democrats' long-standing complaints about Bush nominees not directly answering their questions. ‘'We're looking for candor, old buddy,'' Biden said. ''I love you, but you're not very candid so far.'' Republican Lindsey Graham of South Carolina joined in on some of the criticism, saying the administration ''dramatically undermined the war effort'' by ''getting cute with the law.'' ''I think you weaken yourself as a nation when you try to play cute and become more like your enemy instead of like who you want to be,'' he said.
4. Gonzales objected to Graham's characterizations, noting the beheadings of Americans by terrorists. ''We are nothing like our enemies, Senator,'' Gonzales said. ‘'But we're not like who we want to be and who we have been, and that's the point I'm trying to make.'' Sen. Graham retorted. ''When you start looking at torture statutes and you look at ways around the spirit of the law, you're losing the moral high ground. ... I do believe that we've lost our way.''
a. Gonzales also said he supported the use of the Patriot Act, the government's anti-terrorism law put in effect after the New York City and Washington attacks. ''I believe that in part because of the Patriot Act there has not been a domestic attack on United States soil since 9/11''.
b. Sidestepping questions on whether it was legal for Senate Democrats to filibuster Bush's judicial nominations last year. Senate Republicans have threatened to change the chamber's rules to ban the maneuver if it happens this year. Promised that his friendship with Bush would not affect him as attorney general. ''I will no longer represent only the White House,'' he said. ''I will represent the United States of America and its people. I understand the difference between the two roles.''
c. He promised to defend in court the 1996 Defense of Marriage Act in which Congress said states don't have to recognize gay marriages.
d. Brushing off talk that he might be a Bush nominee for the Supreme Court if a vacancy occurs Gonzales said,
''Let me make it clear, I am not a candidate for the Supreme Court’'.
§232 Peace
(A) Peace is the primary objective of states party to the UN Charter. Both international and civil war, however, remain frequent occurrences to this day that require the recognition and enforcement of human rights by national, regional and world leaders, legislatures, and courts of competent jurisdiction, when they occur; to
(1) ensure warring parties negotiate and ratify a peace treaty;
(2) ensure human rights and the sovereignty of the state(s)
(3) take an accurate census of the victims of war.
(4) publish accurate budgets and administrate compensation and welfare.
(5) facilitate commerce and reparations between formerly warring parties.
(B) The Merit Judgment of Peace Palace in the Hague on 27 June 1986 regarding Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America) No. 70 (1986) reaffirms the cardinal principles of customary international law;
(1) The principle of non-use of force is enshrined in Art. 2(4) of the UN Charter is the jus cogens, universal norm, of international law. It states, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state”.
(a) Upholding this principle, no state shall finance, instigate or tolerate subversive, terrorist or armed activities attempting to overthrow the government of another state.
(b) This principle may also be called the principle of non-aggression.
(2) The principle of non-intervention codified in Art. 2(7) of the UN Charter ensures that nothing shall authorize the United Nations or its members to intervene in matters which are essentially within the domestic jurisdiction of any state. Wherefore every sovereign State and responsible government has the right to conduct its affairs, without outside interference;
(a) Intervention is wrongful when it uses methods of coercion, particularly force, either in the direct form of military action or in the indirect form of support for subversive activities in another State.
(b) When extraordinary circumstances regarding international peace and security or extraordinarily horrible national standards of human rights arise Members must submit such matters the Security Council for either (a) the Pacific settlement of disputes under Chapter VI or (b) punitive, potentially military Action With Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression under Chapter VII;
(C) The Advisory Opinion Regarding the Legal Consequences of Constructing a Wall in the Occupied Palestinian Territories ICJ No. 131 (2004) informs us that the fulfilment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the termination of all claims or states of belligerency and respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force”…pp 117 The Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States 2625 (XXV) (1970), adopted by the General Assembly on 24 October 1970, makes it clear that “No territorial acquisition resulting from the threat or use of force shall be recognized as legal”...pp 87
(1) The Court notes that the principle of self-determination of peoples has been enshrined in the United Nations Charter and reaffirmed by the General Assembly in resolution 2625 (XXV) pursuant to which “Every State has the duty to refrain from any forcible action which deprives peoples of their right to self-determination.” Article 1 common to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights reaffirms the right of all peoples to self-determination, and lays upon the States parties the obligation to promote the realization of that right and to respect it, in conformity with the provisions of the United Nations Charter…pp 88
(D) In Art. 51 of Chapter VII the UN recognized that the authorization of the use of force is an “inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations” and must therefore not be invoked by leaders,
(1) The primary purpose of the UN as set forth in Art. 1(1) of the UN Charter is to “maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace”
(2) The 27 June 1986 Merit Judgment regarding Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America) No. 70 (1986) determined that under international law in force today,
(a) States do not have a right of "collective" armed response to acts which do not constitute an "armed attack”
(b) States are limited in the use of force to a direct and proportional response to the use of force.
(c) States must not engage in the support of paramilitary organizations seeking to overthrow the government nor should they use such paramilitary organizations as scapegoats to claim responsibility for the covert military operations of the government.
(3) Art. 39 of Chapter VII refers international threats to the peace, breach of the peace, or act of aggression to the determination of the Security Council who shall make recommendations, regarding the application of sanctions, embargoes or the summoning of armed forces of member nations for peacekeeping missions.
(a) In practice those disputes that are not swiftly and pacifically settled by the Resolutions of the Security Council are referred for the more exhaustive research and leadership of the Reports of the Secretary General of the United Nations.
(b) Reparations can be settled by the Security Council Compensation Commission
(E) The Four Original Geneva Conventions and Two Additional Protocols are the pre-eminent contemporary humanitarian laws of war. As the result of the general acceptance of these Conventions the ICRC, has been awarded the Nobel Peace Prize four times. The Four Geneva Conventions of 12 August 1949 are;
(1) the Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 12 August 1949
(2) the Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. Geneva, 12 August 1949.
(3) the Convention (III) relating to the Treatment of Prisoners of War Geneva Convention Geneva, 12 August 1949
(4) the Convention (IV) for the Protection of Civilians, Geneva, 12 August 1949
(F) The principle of disarmament is the central principle for making peace under the Geneva Conventions of 12 August 1949 is set forth in Art. 3 of the all four of the original Geneva Conventions, it states,
“Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.”
(1) To this end, prohibiting;
(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
(2) The principle of releasing and repatriating prisoners of war at the cessation of active hostilities is found in Art. 118(1) of the Third Geneva Convention. Releasing prisoners of war helps to eliminate residual hostilities and is the customary international gesture for making peace.
(G) The Two Additional Protocols of 8 June 1977 are;
(1) the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) Geneva, 8 June 1977
(2) the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977
(H) The Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons ICJ No. 95 (1996) reinforces the basic principles affirmed in the ratification of the 1907 Hague Regulations that states in Art. 22 "the right of belligerents to adopt means of injuring the enemy is not unlimited" and in Art. 23 "Arms, projectiles, or material calculated to cause unnecessary suffering (are prohibited)”; that had been omitted from the Geneva Conventions of 1949 and were reintroduced to humanitarian law in Art. 35 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) of 8 June 1977;
(1) The first principle protecting the civilian population and civilian objects and establishes the distinction between combatants and non-combatants; States must never make civilians the object of attack and must consequently never use weapons that are incapable of distinguishing between civilian and military targets.
(2) The second principle prohibiting the use of weapons and force causing unnecessary suffering to combatants: it is accordingly prohibited to use weapons causing them such harm or uselessly aggravating their suffering…pp 77
(I) Art. 4 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977 elaborates upon the peace plan set forth in Art. 3 of the Geneva Conventions of 1949 for the purpose of fundamentally guaranteeing protection from and judgment against the misbehavior of armed forces who disturb the peace; Art. 4 states,
(1) All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to order that there shall be no survivors.
(2) Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph I are and shall remain prohibited at any time and in any place whatsoever:
(a) Violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;
(b) Collective punishments;
(c) Taking of hostages;
(d) Acts of terrorism;
(e) Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault;
(f) Slavery and the slave trade in all their forms;
(g) Pillage; (h) Threats to commit any of the foregoing acts.
The Conclusion that we shall arrive at this day is that unprincipled people must not be made principal. Gonzales is simply not a $1 trillion attorney capable of upholding,
Chapter 2 Attorney General Education (AGE)
Chapter 6 Correction Conviction (CC)
Chapter 8 Drug Administration Yield (DAY)
Application of Art. 118 of the Third Geneva Convention HA-2-11-04
United States Senate Foreign Relations Committee
Chairman Senator Lugar
Senior Democrat Biden
Confirming Dr. Condoleezza Rice (single) Secretary of State electee
HA-19-1-05
2 dissenting opinions
For inauguration on the 22nd or 24th day of any month
Amending Title 22 US Code Foreign Relations and Intercourse (A-FRaI-D) to just Foreign Relation (FR-EE)
Balancing the Federal Budget HA-2005
The Secretary of Sleaze
Re: Confirming Anthony J. Sanders in the congressionally independent position of Hospitals & Asylums Secretary in the Senate out of deference for his HAND that writes Hospitals & Asylums Title 24 of the United States Code and that of the President under E.O. 12293 the Foreign Service of the United States of January 28, 2004 offering retroactive pay to foreign servants at an arbitrary rate of $100,000 a year to 1 January 2004 the first day of activity of the Hearing AID Act Chapter 5 of the Hospitals & Asylums United States Code that is required reading for contemporary foreign servants as amended annually. The $1 Trillion price tag ensures that the Act is the only cause for the generosity of the President on January 28, 2004 extended to all writers of dated US Treaty documents without indication of the author in his Register of Nominees. The Foreign Service Committee is requested to confirm this confidential appointment to the Foreign Service by paying Anthony J. Sanders $100,000 plus $8,333 for January 2005 whereas employment as a Level IV Foreign Servant without any hazing, inequality or any but written trial by the Foreign Relations Committee would bring the author into more professional association with the Archivist, a Level IV Executive of the Federal Government rather than the Foreign Service where he hopes to work closely with Condoleeza Rice as Secretary of State and through her to Collin Powell as applicant US Military Director (MD). Mr. Sanders is not an armed officer and is somewhat tender in the local government as the result of the recent deprivation of his food stamp benefits in a frightening pattern by an invasive CMS revolution corrupted by the Judiciary that was in turn corrupted by the Department of Defense (DoD) that needs to change its name to the Military Department (MD) bringing Secretary of Defense Transfer Order No. 40 [App. A & C(3)](July 22, 1949) to a peaceful resolution of the UN Security Council regarding the foundation of African Command AFRICOM and administration of $10-$25 billion annual contribution of the United States of America to the African Union. I of course see Mr. Powell as torn between being founding African Commander or founding US Military Director (MD) and only Anthony J. Principi stands out as equally peaceful soldier for the US Military Department (MD) of 2005.
A. The Foreign Relations Committee seems like a relatively safe place for Mr. Sanders to begin to be confidentially rewarded for honest work written for the United States of America. Reservations regarding the Foreign Service do exist and they are clearly marked in this essay. Notwithstanding criminal conviction of the Foreign Service, the counsel of the Secretary of State, Condoleeza Rice, and Foreign Relations Committee are sought in part to protect Mr. Sanders, as Hospitals & Asylums Secretary (HAS), from the lack of confidence in the Hospitals & Asylums New Draft (HAND) Code by the entire House and Senate (HaS) and other less savory governmental and quasi governmental entities who are not necessarily responsible for the life, liberty and happiness of the author until all Hospitals & Asylums Statute (HAS) is republished by Congress from at in a time period that is estimated at 5 years 2005-2010. Mr. Sanders hopes to be financed similar to the General Services Administration that earns its money through contracts with other government agencies so as to be able to work for the people for free and afford the salaries of those few people who make his confidence. Sanders Clause on the other hand requires the ratification of the US Senate Foreign Relations Committee and offers to extend the benefits administration of the US Social Security Administration to serve 1 billion people not currently achieving the UN Millennium Development Goals by obeying the Hearing AID Act of 2005. Whereas the US Banks are notoriously insolvent (particularly in regards to the judiciary and quasi judicial major fraud against the United States) to the point where they might be life threatening, in the State of Ohio, or at the very least in the personal credit history of the author, it would be wise to invest in Hospitals & Asylums as set forth in Chapter Five to found a US-International development bank with the largest intellectual property holdings in the world for only $100,000 down to afford student loans for him and his sister and $8,333 a month (for life as a humanitarian counterpoise to the 5 year sentence of the Supreme Court Justice hereby plea bargained with King Blackwell HA-17-1-05 and the American Bar Association in order to elicit candidates before Senator Arlen Specter (dissolving the Judicial Committee) and presiding in the ratification of the soon to be amended Attorney General Education (AGE). Should the independent Foreign Relations Committee Senate consent to pay a living wage to Anthony J. Sanders both the Friendship, Amity and Co-operation Treaty (FACT) and the USAID BABY in Chapter 5 shall be amended during the month of February otherwise as a consequence his steady work without pay be done as soon as the end of January in exchange for Republican values not shared by anybody with less than a gram of Democracy in their veins. After a five year trial I could conceivable administrate $1 million a year to individuals as well as authorize larger settlements for other more generally recognized public officials.
B. Conviction: Andrew S. Natsios of Stealing $33 billion from donors under the Hearing AID Act of 2004 and not disbursing funds as directed in applicable cases in the Litigation Column or compensating the author Anthony J. Sanders and most intriguingly not paying North Korea a penny although his greatest literary work so far has been Natsios, Andrew. The Great Korean Famine: Famine, Politics, and Foreign Policy.US Institute of Peace Press. 2001. It appears he got his job in a deal with the devil and must be cured with $1 billion to the health welfare and legislation of the North Korean Central Bank as they merge with the Bank of Korea under North Korea v. South Korea HA-31-5-03-04 while upholding the confidentiality of the account holders of the Single Korean Yearbook (SKY) under the Draft Transitional Constitution of Korea (CoK).
C. This Case Concerning the International Court of Justice includes a request for an Advisory Opinion from the International Court of Justice under Article 107 of the Rule of Court on the strength Hospitals & Asylums acceptance by the UN General Assembly HA-10-12-04 and the Certification of the US Secretary of State with the transcripts of the President’s State of the Union Address and results of the Iraqi Elections under
(2) the Armistice Day Provisional Measure in the First Edition Revision of Chapter One Humanitarian Missions of the Military Department (MD) HA-11-11-04 filed subsequent to the fatal
(1) Application of Art. 118 of the Third Geneva Convention HA-2-11-04 that calls for an Advisory Opinion in the beginning of February to be rendered in writing without oral arguments by merely publishing the written proceedings of the Advisory Opinion below and the Provisional Measure (1-2) above.
1. New Iraq Constitutional Elections (NICE) Draft Permanent Constitution of Iraqi HA-11-8-05
2. Iraqi Sovereignty HA-30-6-04 (never tried)
3. Bank Afghanistan Day HA-15-1-04
D. Disclaimer: Due to the total absence of honor in the Foreign Service that includes an indictment for assasination by the US Ambassador to the Netherlands now with suspicion that he is serving as the money launderer for funds stolen from CMS on the grounds of contempt of court and acronym of CMS, there is simply not enough bond between me and the Foreign Service to draft my Friendship, Amity and Co-operation Code for Chapter 5 of Title 22 US Code in time for this confirmation hearing. It would indeed also be fair to inaugurate Dr. Rice on the 24th of any month in honor of Art. 2(4) of the UN Charter that commands that states uphold the principle of non-aggression in international relations and the 24 hour day that we seem to be robbing the people of the world with our attack against the history books of Iraq, its inventor and Title 24 US Code that explains how to achieve the goals of peace and freedom so that prosperity might be achieved, but only if the people would honor the Hospitals & Asylums US Code as explained in the Vienna Conviction Abolishing the Death Penalty HA-3-3-99. The Chapter 5 on the Preservation of Friendly Foreign Relations Generally shall be done shortly because Americans are cruel and ignorant as the result of this repeal by the Foreign Relations Committee that is one of the few committees, ie. The Judiciary Committee, that haven’t been dissolved. My father, a Dutchman, has proven that it is a grave mistake that inevitably leads to divorce to actually marry an American, corroborated by his current spouse, although one can only try to love them as they struggle with human rights and the metric system and that the US dollar is in fact real for any college but law.
1. Yesterday the press reported that the Secretary of State is responsible for inspiring the American people and the people of all free nations to unite in common cause to solve common problems through public diplomacy.
a. At her confirmation hearing Condoleezza Rice said, "Our interaction with the rest of the world must be a conversation, not a monologue - the time for diplomacy is now,''
b. Biden retorted "The time for diplomacy is long overdue,''
2. Kissinger, Henry Alfred. Diplomacy. Simon & Schuster. New York. 1994 is not due until January 25, 2005 and the Foreign Relations committee and Secretary of State are suspected of spying on the author’s library card under the Patriot Act that has been replaced by the Intelligence Authorization Act of 2004. While this sort of spying is condemned in the Fall Issue of the Ohio American Civil Liberties Union the author must confess that with people who have a strong bond under law both physical and mental association occurs merely as the result of thought. It occurred that when my files had been destroyed, and thankfully stolen, by some county prosecutor whose investigator was two counties out of his jurisdiction I went to the park to ruminate on my problems and came to conclusion that I had been a victim of abuse under the Patriot Act as warned by the ACLU. Then to my great surprise and relief as I was walking home I ran into my college human rights professor Howard Tolley JD who is more than just a card carrying member of the ACLU, he one of their greatest supporters in Cincinnati. I told him, “I’ve just been robbed under the Patriot Act, I seem to be victim of a gang bang with investigators from other counties hopping on the bank fraud warrants as US Bank had been infested by a thieving and possibly genocidal major fraud who we now suspect, the former Ohio Secretary of Treasury and current Hamilton County Prosecutor Joe Deters (R) HA-11-1-05. The change in font in middle of this article appears to be the result of a disease contracted at the very website of the National Security Advisor now pre-inauguration electee viva the Information AGE Deputy Attorney General (DAG) James B. Comey v. AOL HA-15-12-04 pursuant to the will of King Blackwell HA-17-1-05 although it might in fact have been contracted from the AOL email.
3. On November 16, 2004 the President announced the nomination of Condoleezza Rice for Secretary of State urging the Senate to promptly confirm her as America's 66th Secretary of State. Dr. Condoleezza Rice became the Assistant to the President for National Security Affairs, commonly referred to as the National Security Advisor, on January 22, 2001. In June 1999, she completed a six year tenure as Stanford University 's Provost, during which she was the institution's chief budget and academic officer. As Provost she was responsible for a $1.5 billion annual budget and the academic program involving 1,400 faculty members and 14,000 students. As professor of political science, Dr. Rice has been on the Stanford faculty since 1981 and has won two of the highest teaching honors -- the 1984 Walter J. Gores Award for Excellence in Teaching and the 1993 School of Humanities and Sciences Dean's Award for Distinguished Teaching. At Stanford, she has been a member of the Center for International Security and Arms Control, a Senior Fellow of the Institute for International Studies, and a Fellow (by courtesy) of the Hoover Institution. Her books include Germany Unified and Europe Transformed (1995) with Philip Zelikow, The Gorbachev Era (1986) with Alexander Dallin, and Uncertain Allegiance: The Soviet Union and the Czechoslovak Army (1984). She also has written numerous articles on Soviet and East European foreign and defense policy, and has addressed audiences in settings ranging from the U.S. Ambassador's Residence in Moscow to the Commonwealth Club to the 1992 and 2000 Republican National Conventions. From 1989 through March 1991, the period of German reunification and the final days of the Soviet Union, she served in the Bush Administration as Director, and then Senior Director, of Soviet and East European Affairs in the National Security Council, and a Special Assistant to the President for National Security Affairs. In 1986, while an international affairs fellow of the Council on Foreign Relations, she served as Special Assistant to the Director of the Joint Chiefs of Staff. In 1997, she served on the Federal Advisory Committee on Gender -- Integrated Training in the Military. She was a member of the boards of directors for the Chevron Corporation, the Charles Schwab Corporation, the William and Flora Hewlett Foundation, the University of Notre Dame, the International Advisory Council of J.P. Morgan and the San Francisco Symphony Board of Governors. She was a Founding Board member of the Center for a New Generation, an educational support fund for schools in East Palo Alto and East Menlo Park, California and was Vice President of the Boys and Girls Club of the Peninsula . In addition, her past board service has encompassed such organizations as Transamerica Corporation, Hewlett Packard, the Carnegie Corporation, Carnegie Endowment for International Peace, The Rand Corporation, the National Council for Soviet and East European Studies, the Mid-Peninsula Urban Coalition and KQED, public broadcasting for San Francisco. Born November 14, 1954 in Birmingham, Alabama, she earned her bachelor's degree in political science, cum laude and Phi Beta Kappa, from the University of Denver in 1974; her master's from the University of Notre Dame in 1975; and her Ph.D. from the Graduate School of International Studies at the University of Denver in 1981. She is a Fellow of the American Academy of Arts and Sciences and has been awarded honorary doctorates from Morehouse College in 1991, the University of Alabama in 1994, the University of Notre Dame in 1995, the National Defense University in 2002, the Mississippi College School of Law in 2003, the University of Louisville and Michigan State University in 2004. She resides in Washington, D.C.
3. Let us now then remember to convict Henry Alfred Kissinger as a tasteless lawyer who engaged in espionage although not outright warfare, who was sworn in on September 22, 1973 as the fifty-sixth Secretary of State, a position he held until January 20, 1977 . He also served as Assistant to the President for National Security Affairs from January 20, 1969, until November 3, 1975. Dr. Kissinger has received have been the Nobel Peace Prize in 1973; the Presidential Medial of Freedom (the nation's highest civilian award) in 1977; and the Medal of Liberty in 1986. Dr. Kissinger was born in Furth, Germany, came to the United States in 1938 and was naturalized a United States citizen in 1943. He serve in the Army from 1943 to 1946. He graduated summa cum laude from Harvard College in 1950. From 1954 until 1969 he was a member of the faculty of Harvard University. He was director of the Harvard International Seminar from 1952 to 1969. Dr. Kissinger is married to the former Nancy Maginnes and is the father of two children by a previous marriage. Well we must now do him the honor of taking down his personal flag enjoyed by the Framers of the Constitution by Amending Title 24 US Code Foreign Relations and Intercourse (A-Fra-D) to read just Foreign Relations (FR-EE) in honor of the new African American Secretary of State Condoleezza Rice who is single like myself and it would be an injustice to sexually arouse her under Statute although it would be a good idea to include her bibliography.
4. I must also report to the Ohio Secretary of State that the Republican Ohio Department of Job & Family Services needs to prohibit political party affiliation as they have diversified into Major Fraud Against the United States from food stamp fraud with suspicion of ethnic murder of the African American social worker who didn't show up to the interview that is now used justify both today's health benefit deprivation (not that Ohio paid more than counsel) and the very valuable food stamps, out of respect for my personal security I have requested to be totally removed from the lists of the Major Fraud that makes such allusions to genocide. But when served with a Medicare questionnaire immediately filled it out and returned it without any respect for their criminal conviction of conspiring in contravention to civil rights statute with the Former Ohio Secretary of State and current elected Hamilton County Prosecutor Joe Deters who served in that position in the 1990’s before he went to the State to kill his prisoners he is armed and considered highly dangerous to financial and political institutions.
5. This letter has not been written because I received a notice from the postmaster@ that stated,
Subject: Request for a Veto of US Military Spending Bills within 10 days of June 18
Date: Thu, 24 Jun 2004 19:52:39 -0500
International Court of Justice
Hospitals & Asylums Secretary Anthony J. Sanders title24uscode@
v.
President George Bush and Senate of the United States president@
A. After 7 months of failed arbitration, Art. 24 of the International Convention for the Suppression of the Financing of Terrorism (12/9/1999) permits Hospitals & Asylums to petition the International Court of Justice Article 36 of the Statute of the Court to forward this request to the US President for a veto under Art. I§ 7 Clause 3 US Con;
(1) H.R.4613 Department of Defense Appropriations Act, 2005 (Reported in House) was published on June 18, 2004;
(2) S.2559 Department of Defense Appropriations Act, 2005 (Placed on Calendar in Senate) was published on June 22, 2004 at the Thomas Website.
B. As the result of the unfortunate suppression of evidence that copyrights suffer for infringing upon the terrorist domains of the inferior courts and military, that fear the kindness of the Presidential pardon and veto; Internet communication between the President and Secretary have recently been disrupted for the second time this year. Although he has perused the new bill Mr. Sanders refuses to adjust the 2005 Defense Appropriations Bill without pay as his indictments, convictions, and compliance requests have not been responded to in writing. He remains at the service of the United Nations and the United States of America but must limit his practice to the email and US mail correspondence not more expensive than an ordinary envelope to the author. As the result of the unmet financial demands of scholarship and his failure to attend Mr. Bush's free audience at the Talbert House while in Mr. Sanders' home town of Cincinnati two days after the 2004 drafting of the Bush Kingdoms this Summer Solstice Mr. Sanders does not think that he will be able to diversity into real human interaction, that he once enjoyed but now only idealizes, until after he has completed the first 10 chapters of Hospitals & Asylums Manuscript sometime in July or August 2004 and been paid a living wage or at least travel expenses and sent a written invitation.
C. Mr. Sanders has been calling for a $300 billion Defense Spending cap since the Hearing AID Act of 2004 was drafted for the Winter Solstice of 2003. H.R.2658 Department of Defense Appropriations Act, 2004 (Enrolled as Agreed to or Passed by Both House and Senate) was carefully adjusted in the unpublished Military Budget Adjustment (MBA) Act of Spring Equinox 2004. Whereas the overwhelming majority of both Houses approves of the $417 billion Defense Appropriations Act of 2005 the US Constitution grants us only one venue for the Amendment of the Bill by the Senate under Section 7 Clause 1. The President is highly recommended to exercise his veto right within Clause 3 within 10 days of receiving the Bill before it becomes law under Clause 2, to encourage the Senate to work on the critical defense-spending problem.
D. George W. Bush Jr. has never exercised his right to veto any bill although nearly every other President regularly exercised this right so abhorred when exercised by the Permanent Members of the Security Council in suppression of the humanitarian requests of developing nations. It would be a great victory in the War on Terrorism against Acts of War as defined in 18USC(113B)2331 for the President to express his displeasure with the Defense Appropriations Act as prohibited by 18USC(113B)2339A to the Senate by vetoing the Defense Appropriations Act of 2005 with the ORDER,
"Adjust the military budget to under $300 billion!!! Mr. Sanders' would be happy to do the work adjusting the military budget again under Armed Forces Retirement Trust Fund statute 24USC(10)§419 for $100,000- $250,000 a year salary as the Senatorially Presidential Appointed Hospitals & Asylums Secretary (HAS) dedicated to litigating and legislating Title 24 US Code Hospitals & Asylums (HA)"
E. Bearing in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of good-neighbourliness and friendly relations and cooperation among States. Noting that the Declaration on Measures to Eliminate International Terrorism also encouraged States to review urgently the scope of the existing international legal provisions on the prevention, repression and elimination of terrorism in all its forms and manifestations, with the aim of ensuring that there is a comprehensive legal framework covering all aspects of the matter. Under Article 18 International Convention for the Suppression of the Financing of Terrorism (12/9/1999) States Parties shall cooperate in the prevention of the terrorism offences … by adapting their domestic legislation.
F. The table of contents of H.R.2658 Department of Defense Appropriations Act, 2004 (Enrolled as Agreed to or Passed by Both House and Senate) also called the Military Budget Adjustment (MBA) Act of Spring Equinox 2004 has been attached to demonstrate the mathematical prose that this critical budget adjustment has to provide to the global peace and prosperity and can be Amended again using the 2005 act should the Senate write to Mr. Sanders, or do it themselves.
Beginning $371,780,000,000 x 0.777 = Ending 289,162,190,000 ( ................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.
Related searches
- major hospitals in orlando florida
- best hospitals in tampa florida
- list of hospitals in tampa
- hospitals in pensacola florida
- best hospitals in tampa bay
- hospitals in tampa bay area
- hospitals in orlando florida area
- psychiatric hospitals tampa fl
- adventist health hospitals locations
- adventhealth hospitals locations
- best hospitals in orlando fl
- hackensack meridian health hospitals nj