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Additional Information:
https://drdansfreedomforum.com/blm-right-of-way/
Great article with a view from Peter Huntsman on climate change:
https://www.wsj.com/articles/a-ceo-who-doesnt-equivocate-about-climate-global-warming-net-zero-emissions-ceo-corporate-e21a5d40?st=svr2grfsz1okcbh&reflink=article_imessage_share |
 All
roads lead to paris final bundleddraft 7-27-23.pdf
Download File
“Think about the year 1970,” Mr. Huntsman says.
“That’s the year we hit a trillion-dollar GDP, and the year Jimmy
Page and Robert Plant wrote that great song ‘Stairway to Heaven.’ A
great year, right? Well today we’re emitting roughly 6,500 million
metric tons of CO2. Same thing we were emitting in 1970. And look
how much more electricity we’re using, and look how many more
transportation and miles we’re driving. We’ve expanded the economy
30 times over, nearly, and core CO2 has stayed flat. We should be
celebrating this achievement, shouldn’t we?” |
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Who Will Represent the Liberty Of Our Posterity? - Dr.
Dan's Freedom Forum (drdansfreedomforum.com)
May 16, 2023
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By Guest Contributor Nathan Descheemaeker
In response to the youths bringing climate change
litigation in the case of
Held
v. The State of Montana, it is necessary to bring
the flip side of the coin regarding the youth in the
State of Montana and the issues they will face in their
future. I’m not talking about fires, drought, or severe
weather which man has always encountered and endured.
I’m talking about the significant impacts that are and
will continue as a result of whole of government, whole
of the economy, executive climate policy objectives
which has transformative effects on the economic and
political process which threatens the future
generations’ capacity for self-government guaranteed in
the state constitution.
As for ranchers, farmers, and other resource producers
who provide the fundamental goods and services taken for
granted within the quiet comfort of a suburban home, we
face many uncertainties, unpredictable weather,
unpredictable breakdowns, etc. One thing that is
predictable is that if the direction of law and
government towards despotic and arbitrary rule remains
unchecked the last vestiges of liberty of one’s person
and one’s property, the right to enlightened
self-government upon an objective base will be
impossible. If the means of production (capital) is no
longer aggregated among many individuals employing
themselves independently in the market, the inevitable
result is a consolidation of the means of production
which history shows us the state becomes the sole
employer and the old saying “he who does not work does
not eat,” changes to “he who does not obey does not
eat.”
If the owner may do with his property only that wich is
prescribed to him, what directs the national economic
activity is not property but that prescribing power. . .
This merely means that a given condition of social
production is to be preserved, even though it would
vanish under private property.
Mises, 1922The state in the form of the Judiciary, the
Legislature, or the executive which seeks to control and
dictate economic activity poses a far greater threat to
the liberties of the individual, without which a clean
and healthful environment becomes a moot point. It is by
the separate government branches playing their limited
enumerated role to preserve the life, liberty and
property of the individual that accomplishes the purpose
for which governments are instituted among men. The late
Justice Scalia said, “As a practical matter, he who
controls my economic destiny controls much more of my
life as well.”
I know no society, today or in any era of history, in
which high degrees of intellectual and political freedom
have flourished side by side with a high degree of state
control over the relevant citizen’s economic life. The
free market, which presupposes relatively broad economic
freedom, has historically been the cradle of broad
political freedom, and in modern times the demise of
economic freedom has been the grave of political freedom
as well.
Scalia, p.180, Economic Affairs as Human AffairsIn order
to enjoy self-government, one needs legal protections of
private property rights and stable regulatory frameworks
enabling private investment in our natural resource
industries which our laws have always, and rightfully
so, provided for. But this is what these climate justice
youth are seeking to upend, claiming the state’s
legislative policy allowing responsible fossil fuel
development violates their constitutional right to a
clean and healthful environment. These are highly
conjectural claims being propagated, seeking the
solution by asking the courts to disregard legislative
prerogatives and robbing the consumer of his choice by
prescribing what economic activity is allowed based on
the grievance of a group of youths.
If people believe that hamstringing our fossil fuel
industries will mean that fires will cease, and severe
weather will subside, they will be woefully
disillusioned. These phenomena happened to a lesser or
greater extent before industrialized civilizations
existed, and if the redistributors succeed in
dismantling industrialized civilization the fires will
persist as they did before, and as data from the
National Interagency Fire Center (NIFC) below shows,
they may persist to a greater extent than today.
The Climate change litigation brought by these kids
arguing for the right to a clean and healthful
environment as justification to eradicate our
carbon-based industries will find they are ripping the
material foundation from under their feet which alone
provides the leisure to enjoy a clean and healthful
environment. Forget a clean and healthful environment.
No one will have the leisure to enjoy such things when
all their time and energy goes to trying to survive in a
place of subsistence living. This is plainly evident in
many countries where private property and private
investment in natural resources accompanied by
self-government are lacking. There you will find the
environment suffers, as do the people who live in such a
system.
So, what about all the other young people in the state
of Montana who are guaranteed in the Montana
Constitution to a system of self-government that
directly implies a free-market economy that many of our
counties have policies to foster in order to secure
self-determination?
The
Doctrine of in Para Materia requires that a body of
law be looked at in its entirety. Justice Frankfurter
once said, “Statutes cannot be read intelligently, while
the eye is closed to affiliated statutes.” You cannot
use one instrument of the constitution to eradicate
another instrument of the constitution without
dismantling the structure to the ruin of public liberty.
With this said the youth in this state have far greater
standing regarding the damages resulting from the
failure of the executive branch to accurately assess the
true cost of government policies associated with climate
policy objectives. This along with the out-of-control
government spending, subsidizing favored industries to
benefit from green projects, has extensive impacts on
the market. Nicolai Tangen, chief executive of the
world’s largest sovereign wealth fund
explained that “companies benefitting from
economically ineffective and inefficient projects
through applying for green subsidies has fundamentally
flipped free-market principles on their head, an
arrangement that is sure to invite economic chaos.”
This kind of coercive influence in the markets is a
gross obstruction of the otherwise broad economic
freedom which has always served as a basis for broad
political freedom necessary for the republican form of
government guaranteed to the States in
Article IV of the
U.S. Constitution. The late Supreme Court Justice
Antonin Scalia noted in a speech at the Cato Institute
conference on Economic Liberties and The Judiciary in
1984:
We (the court) will ensure that the executive does not
impose any constraints upon economic activity which
Congress has not authorized; and that where constraints
are authorized the executive follows statutorily
prescribed procedures and that the executive (and much
more rarely, Congress in its prescriptions) follows
constitutionally required procedures.
It has become evident that the court has not ensured
that the executive does not impose any constraints upon
economic activity without express delegation. The
timetables and targets expressed in numerical terms for
decarbonization and the associated international
commitments have not been approved by representatives
accountable to the electorate, and are currently
impacting individual citizens, homes, businesses and
governments with the inflationary result of pumping
dollars into the economy while regulating the material
conversion of resources for consumption, creating high
demand and too little commodity driving up costs across
the board. And all this is being done on purpose to
target and destroy traditional industries which have
consistently provided stable rates and reliable energy
to ratepayers and consumers. Reliability of energy and
other necessary goods and services are becoming a thing
of the past and culminates in what could be called a
regulatory taking of the entire country.
The lack of disclosure on the part of the federal
government relating to the implications of accomplishing
such goals as Net-Zero by 2050 with the
extensive international guidelines to be followed is
in violation of the primary intent of the rule of law
and due process which employ the essentials of public
scrutiny, without which the individual citizen is left
exposed to unrestrained power. Where else would the
injunction of the judiciary be more important than the
preservation of fundamental principles as enumerated by
compact in the Federal and State Constitutions and the
Declaration of Independence from which they stand?
Preserving the structure of our system is the most
pertinent importance for preserving the rights of
persons.
If the Executive cannot prove without a reasonable doubt
that the current inflation, supply chain shortages and
other impacts are not in part a result of non-delegated
executive policy and rules touching vast sectors of the
economy (whole of government, whole of economy
EO 14008) resulting in transformative effects on the
political process and social relations, the individual
citizen proves damage to his property and well-being as
a result of unconstitutional process.
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