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Stopping President Hillary from using the Supreme Court to Alinsky-ize America

Posted by John Reed on

Readers of my books like Aggressive Tax Avoidance for Real estate Investors and The Contrarian Edge for Football Offense know I like to study laws and find ways around them. For example, the law on delayed exchanges says you must not use, as an intermediary, anyone related to you as specified in Treasury Regulation TD 8346. That lists 29 categories of relationships to you who canNOT be your intermediary. Here’s part of it: siblings, spouse, ancestors, descendants, corp where you own 10%, trust officials, tax exempt officials, etc.—29 categories
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The usual reaction of investors is wailing about how they are being forced to pay a big fee to an intermediary company because of TD 8346. As is my wont, I had a different reaction. “Lemme see that reg.”
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I then produced a similarly long list of private people who COULD be your intermediary: boss, doctor, your lawyer if what they dd for you in the last two years falls into certain categories, your uncle, friend, in-law, nephew, cousin, etc. That’s in my Book How to Do a Delayed Exchange. http://www.johntreed.com/collections/real-estate-investment/products/how-to-do-a-delayed-exchange-2nd-edition-by-john-t-reed
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In The Unelected President, I did a similar “lemme see that” with regard to the Constitution, the Code of Federal Regulations, the United States Code, the Rules of the Senate. Guess what? You find the same sorts of loopholes.
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Now Republicans are wailing and gnashing their teeth saying we all have to vote for Trump because if Hillary wins she will make the Supreme Court liberal for a generation or a couple of generations.
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Calm down, Chicken Littles. Ever heard of Ted Cruz? He is a U.S. Senator. According to Senate Rules, he can filibuster any and every Hillary nominee unless 60 of his colleagues vote to end debate. There is no scenario in which the Democrats win 60 Senate seats in 2016.
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So no problemo, right?
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Here’s another more obscure, but more powerful way to deal with a liberal Supreme Court. How does the Supreme Court do damage? It interprets vague portions of the Constitution in ways that favor the liberal agenda. Roe v.Wade for example says there is a Constitutional right to privacy and that, in turn means the Constitution says anyone who wants an abortion is allowed to have one.
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In fact, neither abortion nor privacy are mentioned in the Constitution or by the Founding Fathers. I expect they would say we did not think about privacy but we did said federal powers had to be enumerated and since we did not enumerate it, it ain’t there. On abortion, I expect they would be appalled at the practice.
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So does what a bunch of 300-year old white men thought about privacy and abortion matter in 2016? Yes, that’s why the Constitution has an amendment provision. If the Founders are out of date, like slavery or not letting women vote, you amend the Constitution, which we did in those two cases.
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So what the Constitution means is that when the Supreme Court makes an unpopular decision, it can be fixed by amending the Constitution. For example, Lincoln wanted an income tax to pay for the Civil War. The Supreme Court said that an income tax was unconstitutional because the Constitution requires any federal tax other than import duties be based on the census, i.e., a head tax. So the XVI Amendment was passed saying explicitly that an income tax was allowed. Basically, if you don’t like a Supreme Court decision, you pass an amendment reversing it.
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In The Unelected President, he calls upon the National Governors Association to set up an ongoing year round operation to initiate new amendments. The public seems to think amendments are initiated by Congress. They all have been, but the Constitution also says the states can initiate amendments without so much as a word from the Congress or President. Not a word. But the states never have done that, not once. President Medlock chews them out for total neglect of their duty and ability to amend the Constitution when needed.
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Let me add what Grover Norquist is fond of pointing out.
 
31 Republican-controlled legislatures
11 Democratic-controlled legislatures
8 Split legislatures
50 Total
To amend the Constitution, 3/4 of the states, not 2/3, must ratify the amendment. 3/4 of 50 is 38.
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In short, there are at least two ways to prevent a President Hillary from using the Supreme Court to Alinsky-ize America, not to mention electing a Republican President or Senate in a post-2015 election.

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