NoSSN NewsLetter issue 8.03
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Disclaimer: Nothing in this Newsletter is to be taken as legal or tax advice. For that, you need a lawyer or CPA. This newsletter is for informational purposes only. What you do with this information, is your responsibility.
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In this Issue:
New Mailling List Software
The Sheriff, the head of law enforcement -
Downsizer Dispatch - The AMA Writes the laws
Happy 4th of July
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New Mailling List Software -
We have changed the software we use to send out our NewsLetters. We were using a simple web based package called WebInsta. It worked well but was rather limited. Anothe problem we had was that it did not process bounces. If a newsletter bounced because the e-mail address was no longer valid. We had to manually find that address and remove it. As you can imagine, that can get very time consuming.
We are now using PHPList. This is another Open Source mailling list manager and it's loaded with features. We can even run multiple lists. There is just a ton of new features we can use. Yes, I'm excited about it.
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The Sheriff, the head of law enforcement -
Here in Massachusetts, as it is in many states, we have Police Departments. We have Officers, Sargeants, Police Chiefs and State Troopers. We also have a Sheriff. The Sheriff, here in Worcester County, Massachusetts is in charge of two things; the County Jail and delivering subpeonas. He is in charge of those two things and that is pretty much it.
It has bothered me in the past that we go to vote and the office of Sheriff is up for grabs. To be honest, it never made a bit of difference to me who was in charge of the jails and who delivered subpeonas. Why would it? That job doesn't really directly affect me. I don't plan on ever being in jail. As far as delivering subpeonas goes, if someone can deliver a pizza, they can deliver a subpeona. The qualifications are certainly not very difficult.
The original intention of the office of Sheriff is to be the highest law enforcement official in the county. His responsibilties surrounded that one function. Naturally that function also included the jail and delivering subpeonas. Those were incidental to the primary duty of law enforcement.
If this was the case, it would certainly make a big difference to me who had that job. If the Sheriff was shirking his duties or he wasn't doing a good job, he may not get the job again once election time rolled around.
It would also be the job of the Sheriff to see to it that the state and the federal enforcement officials would not overstep their bounds. The federal government especially has very limited powers inside the boundaries of the state. If someone is running moonshine, that's a federal offense. The Sheriff would allow the revenuers to pursue the moonshiners.
If the Feds were attempting to sieze someone's propertyillegally, the Sheriff could and should kick them out of his county. If he doesn't he may not get re-elected. If he does, the people would surely remember that come election time. Try calling the Police if the IRS is trying to steal your car. All they will do is make sure you don't get violent. Their job is secure. They are tring to make the chief happy. They don't care and you have no recourse. Call the Sheriff, it won't do any good, it's not in his job description.
The Office of Sheriff is a cornerstone in keeping our servant government a servant. Without the Sheriff, we are subjects.
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D o w n s i z e r - D i s p a t c h
QUOTES OF THE DAY:
"It would be unconstitutional for Congress to create a statute stating that it was a crime to engage in conduct forbidden by the AMA, or by particular HCBPs, or by the health care industry as a whole. This is because neither the AMA, nor the HCBPs, nor the health care industry more generally are governmental entities, and Congress does not have the power to delegate law-making authority outside of the government."
http://tinyurl.com/56nk4q DEFENDANTS JOINT MEMORANDUM, United States v. Stephen J. vs. Linda K. Schneider
"Yes, I'd give the Devil benefit of law, for my own safety's sake!"
http://www.imdb.com/title/tt0060665/quotes Sir Thomas More, in Robert Bolt's "A Man For All Seasons"
SUBJECT: The AMA Writes the Laws
Should the American Medical Association (AMA) have the power to write laws? Some bureaucrats think they already do.
DownsizeDC.org proposed the "Write the Laws Act" (WTLA) to prevent unelected bureaucrats from writing regulations that have the force of law. Only elected representatives should have that power. We believe there should be "no legislation without representation."
Sadly, we've just learned that the problem WTLA seeks to fix is even worse than we thought. Unelected bureaucrats in the Justice Department have now taken to treating the standards of a private organization, the AMA, as if they had the force of law.
A doctor in Kansas is facing twenty years to life for failing to conform to the standards of the American Medical Association.
Dr. Stephen J. Schneider and his wife, nurse Linda K. Schneider, are charged with illegally distributing prescription drugs, along with several counts of related fraud and illegal monetary transactions.
Did the Schneiders sell illegal drugs? No. They simply prescribed FDA-approved medications to people in pain. Now they face years in prison simply because the Justice Department disagrees with their medical judgments.
That's bad enough, but there's more . . .
While the Schneiders are charged with violating the Controlled Substances Act (CSA), the Schneiders didn't actually violate any specific provision in it. Instead, the Justice Department accuses the Schneiders of violating . . .
The policies of the Health Care Benefit Providers (HCBP's) whom they billed -- if true, then the HCBP's should sue the Schneiders in civil court.
Kansas state law -- if true, then Kansas should prosecute them, not the federal government.
"Industry principles" -- but those "principles" aren't encoded in federal law, and if the Schneiders violated them, they should instead be investigated by medical licensing boards.
The Current Procedural Terminology (CPT) code book, a "privately written, trademarked and copyrighted publication of a commercial affiliate of the American Medical Association."
http://tinyurl.com/56nk4q The AMA, of course, is a private organization, and while the CPT is used by the government, it is not law.
It's important to recognize that Justice Department bureaucrats want to imprison the Schneiders because they disagree with the Schneider's medical judgments, NOT because the Schneider's broke the law. Mere bureaucrats are treating the guidelines of private organizations as if they were laws. Like a six year-old in a playground game, the bureaucrats are "making it up as they go along."
This prosecution threatens all doctors -- and their patients, including you.
The Schneider's case, and others like it, will encourage doctors to let their patients suffer in agony rather than risk a prison sentence. But . . .
Under WTLA the Schneider's case would be dismissed, because the couple isn't being accused of violating any law enacted by Congress. According to the WTLA, this would constitute a complete defense.
Thomas More is right: if the Devil breaks the law he should be prosecuted, but not before then. The same should go for doctors and everyone else. This is a fundamental principle of free society. Our constitution says that the only valid laws are those enacted by Congress, not those written by unelected bureaucrats or lifted from the guidelines of private organizations by tyrannical prosecutors.
Tell your Representative and Senators to introduce the "Write the Laws Act." In your personal comments, tell them about the Schneider case and how the Justice Department is treating AMA rules as if they had the force of law. Tell them the WTLA would prevent such a legal travesty from ever occurring again. HYPERLINK "http://www.downsizedc.org/write_the_laws.shtml"You can send your message here.
Also, we're down to 4 days left in the month of June, and we need just $763 to earn the $3,600 in matching contributions and make budget for this month. We really need your help to make the goal by the deadline. HYPERLINK "https://secure.downsizedc.org/contribute/ You can contribute here.
Thank you for being a a part of the growing Downsize DC Army.
James Wilson
Assistant to the President
DownsizeDC.org
D o w n s i z e r - D i s p a t c h
is the official email list of http://www.DownsizeDC.org DownsizeDC.org, Inc. & http://www.DownsizeDC.com
http://www.DownsizeDC.org is sponsored by DownsizeDC.org, Inc. -- a non-profit educational organization promoting the ideas of individual liberty, personal responsibility, free markets, and small government.
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Happy 4th of July -
Tomorrow is Independance Day. Let's all celebrate our independance and freedom from tyrrany. Then think about how much we are becoming exactly what we were fighting against.
Don't forget to do all the traditional things as well. Eat burgers, dogs, grilled chicken, tato salad, macaroni salad etc. and watch fireworks.
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