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248 lines
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"Supreme Court Dictatorship in America"
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( by Don Bell, _The CDL Report_, Issue 129, June 1990 )
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The conditioning of the people by the brainwashers has been beyond
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comparison. The Socialist Nations of Western Europe and the Communist
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Nations of Eastern Europe are merging, as planned, into one great Regional
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World Government. The comparatively free and wealth United States of America
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and the basketcase Union of Soviet Socialist Republics are converging
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economically and otherwise through most favored trade, aid, educational,
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social and financial alliances. And while the captive peoples of the
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Communist countries are given the semblance of freedom and conditional
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independence, the people of the United States are losing their freedom
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and independence, their standard of living, their republican form of
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government and their right to worship as their fathers worshipped. Most
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recent example of the latter is less than a month old. But the moguls
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that manage the media have kept the news off their satellites and out
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of their daily and weekly columns to such an extent that few have heard
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of the Judicial Tyranny committed by five un-elected rulers we call
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Supreme Court Justices.
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On Wednesday, April 18, 1990, the Supreme Court killed our United States
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Constitution. The coup de grace was a simple but fatal action whose reaction
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is yet to be felt. The Court decreed that federal judges have the authority
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to order state and municipal elected officials to raise taxes, and to issue
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injunctions preventing laws and State Constitutions from being used to do
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anything about it. A Constitutional expert tells us that by this decree
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the Supreme Court has abolished the representative form of government at
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the state and local level and along with it nullified the US and State
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Constitutions, "California's Proposition 13, supply-side economics,
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federalism, the separation of powers and the national tax-limitation and
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balanced-budget amendment movement." Quoted remark was by Paul Craig Roberts,
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professor of political economy at the Center for Strategic & International
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Studies in Washington. He explains: "Elected legislators and the people
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to whom they are accountable no longer have control over the power of the
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purse, or the quantity and quality of public expenditures. The Court's
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ruling ... transfers all meaningful governmental power to the federal
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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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judiciary. It will take some time for judicial tyranny to become fully
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^^^^^^^^^
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manifest, but the process for establishing judicial rule is now in place.
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Unless we revolt, we have lost our freedom." (Emphasis was added).
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In common Americanese, this is what happened. A federal judge believed
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that racial desegregation in the Kansas City, Mo. public school system was
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not up to the standard set by federal judges. On that pretext he gave
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orders for an extravagant school improvement plan that would cost an
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estimated $260 million, to include high schools with air-conditioned
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classrooms, an alarm system and 15 microcomputers, a 2,000-square-foot
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planetarium, greenhouses and vivariums, a 25-acre farm with an air-conditioned
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meeting room accommodating 104 persons, a model United Nations wired for
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language translations, broadcast-capable radio and television studios with
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an editing and animation lab, a temperature-controlled art galley, movie
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editing and screening rooms, dust free diesel mechanics rooms, 1,875-square-
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foot elementary animals rooms for a zoo project, and swimming pools. Not
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only that, but the federal judge ordered that magnet schools be built
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throughout the school district at the additional estimated price of $200
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million. This nearly half a billion dollars was not to be spent to
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better educate students, just to make them more comfortable while
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enjoying extra-curricular activities.
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The school board, the State Legislature and the people who would have to
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pay for the improvements, were shocked. They didn't have that kind of money
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for such a purpose, and the federal judge had no right or authority to issue
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such an order. They pointed out that the power of taxation is a power that
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the federal judiciary does not possess. Only elected legislative bodies
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have such power. So affirms the US Constitution, State Constitutions, and
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common sense derived from "taxation without representation" cries that
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helped start a revolutionary war. So, the federal judge demanding and the
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state and local elected authorities refusing, the case went to the US
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Supreme Court.
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By a vote of 5-to-4 the Supreme Court ruled that federal judges do have
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the power of the public purse; Constitutions, state laws, county and
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municipal ordinances to the contrary notwithstanding. The five traitors,
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mark them well, were Byron R. White, William J. Brennan, Thurgood Marshall,
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Harry A. Blackmun and John Paul Stevens. The other four Justices were
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powerfully and vocally opposed to the decree, but they were a minority.
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Justice Anthony M. Kennedy was supported by Chief Justice William H. Rhenquist,
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Sandra Day O'Connor and Antonin Scalia, in warning that "Today's casual
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embrace of taxation imposed by the unelected, life-tenured federal
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judiciary disregards fundamental precepts for the democratic control of
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public institutions... [The Court's] assertion of judicial power in one of
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the most sensitive of policy areas, that of involving taxation, begins a
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process that over time could threaten fundamental alterations of the form
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of government our Constitution embodies ... The power of taxation is one
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that the federal judiciary does not possess." Quoting Judge Robert Bork
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(remember him?) to back up his sentiments, Professor Roberts (op.cit.)
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warned: "As a result of the court's ruling, anyone who continues to hold
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municipal bonds or real property -- including their homes -- would be
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foolish, because federal judges can now wreck the tax base of any state
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or municipality and destroy real estate values by running up property taxes.
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It is possible that the American people won't accept the usurpation of
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power by the judiciary, which in effect turns our legislative bodies into
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a cloak for judicial tyranny. However, so far they have accepted everything
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else -- routine release of dangerous criminals, destruction of neighborhood
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schools, busing of their children, racial quotas in university administrations
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and work-places. We have become an effete people since the time our
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ancestors condemned King George III 'for imposing taxes on us without
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consent' and for taking away our Charters, abolishing our most valuable
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Laws, and altering fundamentally the forms of our Government."
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There is one hope of defeating this judicial tyranny. The April 28th issue
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of _Human Events_ which we have just received as we write this Report,
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contains the following information:
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"In the wake of the Supreme Court's astonishing 5-to-4 decision
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that says federal judges may order local governments to increase
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taxes... Sen. Gordon Humphrey (R-NH) thinks he can make headway
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with S-34, the _Judicial_Taxation_Prohibition_Act_. The measure
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which had 10 co-sponsors before the decision, would flatly
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prevent judges from compelling state or local authorities to
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impose new taxes or raise old ones... Humphrey's bill is now
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the only vehicle available to block further judicial tax tyranny."
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As serious as was this granting to un-elected federal judges the power to
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tax, an equally important decision had previously been handed down by the
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Court in regard to the Fourth Amendment's protection against search and
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seizure. The Amendment states "The right of the people to be secure in
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their persons, houses, papers, and effects, against unreasonable searches
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and seizures, shall not be violated..." But the present treasonous Supreme
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Court disagreed. The excuse for making it easier for police to search and
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seize people's private property and papers was probably the so-called drug
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war. But the intent also made it easier to seize and confiscate guns.
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Anti-gun legislation is not popular; so why not just stage a raid, seize
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and confiscate whatever weapons citizens might have with which to defend
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themselves? Weakening the Fourth also could nullify the Second Amendment.
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So, in a case possibly designed for just such purpose, the Court "gave police
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broad new (and unconstitutional) authority to conduct sweeping searches in
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private homes," said an article appearing in the _Amarillo Daily News_ of
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Marcy 2, 1990. The article said: "The Court decreed that police may search
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throughout a house when they have a reasonable suspicion there is a hidden
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danger to the arresting officers, even if the arresting authorities are
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interested in knowing how this violation of the Fourth Amendment works in
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actual practice, then consider the Franklin Sanders case. A small army
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of various types of officers, all supposedly raiding in behalf of the IRS,
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invaded the Sanders home, arrested and jailed Franklin and his wife,
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isolated, tried unsuccessfully to intimidate and harass their children
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for hours. Being Christian children they were made of stern stuff. They
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confiscated all of Franklin's papers and computer ware. The officers also
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arrested the Pastor and Elders of the Presbyterian Church where the Sanders
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family worships. Undaunted and praising God for his ability to continue in
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his calling, he's out on bail ($100,000). This one-out-of-scores of
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examples of how totalitarian tactics are being employed in the United States
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should awaken everyone to the dangers facing Christian American families in
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this "era of merging."
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This Supreme Court's decision amending the Fourth's protection against
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search and seizure is doubly dangerous because it tends to "legalize" a law
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passed by the Oklahoma Legislature and signed by Governor Bellman. An
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Oklahoma patriot, Margie M. Martin, of Texhoma, OK, has been fighting this
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law, almost single handedly because the media, even the supposedly
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conservative media, fail to give her the support she deserves. This is a
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law (House Bill 1750) that makes every item owned by every Oklahoma citizen
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taxable. It also provides that officers may enter a home and check and
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record every item (including guns, of course) in the house. We haven't a
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copy of this 96 page bill, but _The Christian World Report_ of May 16, 1989,
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gave an excellent report which we copy.
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"The citizens must provide a list of all their possessions
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to the government. This list must include everything from
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watches to farm tractors. Citizens who fail to give the
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list are paid a visit by a government agent. If denied
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entry to the citizen's residence, the government agent
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later returns with a warrant, enters the home and compiles
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the list. Is this country the Soviet Union or the Peoples
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Republic of China? No, it is Oklahoma in 1991. In the
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last legislative session, House Bill 1750 was passed by
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the state legislature and signed into law by the governor...
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The measure goes into effect January 1, 1991. The law reads:
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"On or before January 1st of each year, the Oklahoma
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Tax Commission shall prescribe for the use of tax
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assessors, suitable bank forms for the listing and
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assessing of all property, both real and personal.
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These forms will then be furnished to the taxpayer
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for listing all personal property. From January 1
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through the end of February, the country assessor
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must set up a temporary office in each town in the
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county for a minimum of one day each to allow the
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taxpayer to submit the list. The assessor must
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then be present at the county seat from March 1
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through March 15 to receive lists not turned in
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at the temporary offices. Personal property, for
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the purposes of ad valorem taxation, includes:
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All goods, chattels and effects: -- All horses,
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cattle, mules, asses, sheep, swine, goats and
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other livestock; -- All household furniture,
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including gold and silver plate, musical instruments,
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watches and jewelry; -- All wagons, vehicles, or
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carriages and all farm tractors, implements or
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machinery; -- Personal, private, or professional
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libraries; -- All other property having an actual,
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constructive, or taxable status. Taxpayers failing
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to provide the list will be visited by the assessor.
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Prior to entering the premises of any taxpayer for
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purposes of discovering household personal property
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located within a commercial place of business, the
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county assessor or deputy shall request permission
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to enter the premises and shall state the reason for
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the inspection. If access to the premises is denied,
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the county assessor or deputy shall be required to
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obtain a search warrant in order to conduct an
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inspection of the interior of the premises. A
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search warrant may be obtained upon a showing of
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probable cause ... Property not previously listed,
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or undervalued, will result in a penalty of up to
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20% of the value of the property. At least once
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every four years, the assessor must physically
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inspect all real property in the county'."
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"H.B. 1750 is a cleverly contrived piece of legislation that I believe was
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put together by other than Oklahoma Legislators," said Margie Martin. We
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agree. Who needs the registration of weapons if the authorities, under the
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guise of property evaluation, can enter your home, inspect all of your
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personal possessions, having a "reasonable suspicion" that you did not
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declare certain items, like firearms? This is the case in Oklahoma, and
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similar legislation is being introduced in other state legislatures. A
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respected subscriber and correspondent, Dr. Harry Walkup of Worton, MD, wrote:
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"We are living in troubled times in which the Keynesian/Fabian,
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Socialist, Power-Centralizing Revolutionary Strategy is being
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imposed on us, with its financial policies designed to progressively
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destroy individual economic, political and cultural independence.
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This can only be accompolished if our firearms are confiscated..."
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Under firearms registration the complete confiscation of weapons would be
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difficult and costly. But with the death of the Constitution and its Bill
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of Rights, plus Judicial Tyranny and Totalitarian Legislation, weapons could
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be confiscated from law-abiding citizens, making slaves of us all. When
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situations change, plans may also change:
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"And He said unto them (His disciples), When I sent you without
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purse, scrip and shoes, lacked ye anything? And they said, Nothing.
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Then He said unto them, But now, he that hath a purse, let him
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take it, and likewise his scrip: and he that hath no sword, let
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him sell his garment, and buy one." ( Luke 22:35,36 ).
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-----------------------
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from _Don Bell Reports_
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-----------------------
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|| A publication of the New Christian Crusade Church
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|| P.O. Box 426
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|| Metairie, LA 70004
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|| James K. Warner, Editor
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