Draft of Usufruct Lawsuit

  1. There are five key aspects to this lawsuit to enforce enumerated powers of governments:
  1. The objective of this lawsuit is to enforce rights and restrain those controlling Federal powers to the Constitution’s enumerated limits. Rights defended are, in priority:

  1. Patent. US Patent 6,810,817, Intelligent Transport, has been delayed and blocked from deployment by Federal funding of infrastructure that averages 32.6 passenger-miles per gallon. Over the past 70 years such funding caused the abandonment of tens of thousands of miles of freight railroads that average 480 ton-miles per gallon. Federal funding has prevented private funding of Personal Rapid Transit (PRT) networks similar to the one built in Morgantown, WV as a solution to the 1973 Oil Embargo. The Morgantown PRT network has delivered 110 million oil-free, injury-free passenger-miles. In the same period, the highway monopoly has killed 1.6 million Americans. Appendix A provides partial examples of efforts and delays.

  1. Enumerated powers. The Constitution is the contract between We the People. The Constitution was ratified as the people’s instructions to the governing on the maximum enumerated powers for which rights of were waived to establish the Federal government. Article 5 was provided to the governing as the only means available to Federal officials to expand their powers to tax or spend. If the governing see a new need or power is required must ask the People to amend our contract through the mechanism of Article 5.  The governing may not interpret the Constitution to grant themselves more powers than the Constitution enumerates.

As a West Point grad and Infantry veteran I think of enumerated powers in terms of military subordination to civil authority. As a military commander I may see some need for applying military force. If that application of force was not enumerated in my orders, I would be duty bound to seek a change to my orders before applying such force. It would be unwise to have military commanders interpreting the meaning of their orders because they perceive a change in circumstance. Federal officials have the same duty to the People as military officers do to civil authority.

  1. Mission. The Preamble to the Constitution is the mission statement of the Federal government; the Commerce Clause is subordinate to that mission:
  1. The Federal government must “provide” defense, assure the survival of government based on individual liberty. The Federal government is granted unlimited taxing authority but only to accomplish the specifically enumerated powers.
  2. The Federal government “secure the Blessings of Liberty to ourselves and our Posterity.” Posterity has usufruct rights.
  3. The Federal government is specifically limited to only “promote” welfare. This is affirmed by State Ratifying Conventions, Amendments 9 and 10 of the Bill of Rights, Federalist Papers and President Madison’s veto of March 3, 1817.

Liberty risks of Federal providing welfare were well understood.  Federalist #79: "In the general course of human nature, A POWER OVER A MAN's SUBSISTENCE AMOUNTS TO A POWER OVER HIS WILL" (emphasis by Madison).

Federal officials buying votes by providing welfare to chosen corporations and sectors of the people created Civilization Killers of Peak Oil (resource depletion), Climate Change (tilting the balance of nature), Debt (Taxation without Representation).

  1. Postal Roads. The Constitution specifically limits Federal taxing and spending for infrastructure to “postal roads,” the technology of free speech being essential to the defense of liberty.

President James Madison understood this when he explained his March 3, 1817 veto of federal transportation spending:  "Having considered the bill this day presented to me entitled 'An act to set apart and pledge certain funds for internal improvements,' and which sets apart and pledges funds 'for constructing roads and canals, and improving the navigation of water courses' . . . I am constrained by the insuperable difficulty I feel in reconciling the bill with the Constitution of the United States to return it with that objection to the House of Representatives. The legislative powers vested in Congress are specified and enumerated in the eighth section of the first article of the Constitution, and it does not appear that the power proposed to be exercised by the bill is among the enumerated powers."

President Madison understood this enumerated power well. On Sept 14, 1787 he and Benjamin Franklin proposed in the Constitutional Convention a provision for the Federal government to tax and provided for canals, roads and other internal improvements. Their proposal was rejected by the Convention.

This rejection fits well with the argument of Federalist #10 that diversity of State economies were to be the defense against Tyranny of the Majority.

  1. Tyranny of the Majority. Infrastructure is State and individual sovereignty so the diversity of State economies would be the defense against faction and Tyranny of the Majority. America’s founders had experience with socialism, government control of the means of production with crown monopolies.

Federalist #51 (James Madison): “Ambition must be made to counteract ambition.” Sovereignty was to be divided, Federal in charge of defense, States taking care of welfare.

Federalist #45 (Madison): "The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."

Federalist #10 (James Madison): “Among the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction.”

James Madison, Federalist Papers #10 "Hence it is that democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and in general have been as short in their lives as they have been violent in their deaths... A republic, by which I mean a government in which a scheme of representation takes place, opens a different prospect and promises the cure for which we are seeking."

Federalist Papers #9 (Alexander Hamilton): ”This form of government is a convention by which several smaller STATES agree to become members of a larger ONE, which they intend to form. It is a kind of assemblage of societies that constitute a new one, capable of increasing, by means of new associations, till they arrive to such a degree of power as to be able to provide for the security of the united body.”

“A republic of this kind, able to withstand an external force, may support itself without any internal corruptions. The form of this society prevents all manner of inconveniences.”

“The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power.”

Thomas Jefferson, letter to Joseph C. Cabell, February 2, 1816 "The way to have good and safe government, is not to trust it all to one, but to divide it among the many, distributing to every one exactly the functions he is competent to. Let the national government be entrusted with the defense of the nation, and its foreign and federal relations; the State governments with the civil rights, law, police, and administration of what concerns the State generally; the counties with the local concerns of the counties, and each ward direct the interests within itself. It is by dividing and subdividing these republics from the great national one down through all its subordinations, until it ends in the administration of every man"s farm by himself; by placing under every one what his own eye may superintend, that all will be done for the best. What has destroyed liberty and the rights of man in every government which has ever existed under the sun? The generalizing and concentrating all cares and powers into one body."

The grave dangers of Tyranny of the Majority can be seen in slavery and the annihilation of indigenous Americans. Tyranny of the Majority's vile nature can be seen today in the $16 trillion of Federal debt. Debt is the tax on future labor, the labor of children, a non-voting minority. Federal highway standards made most voters drivers. Rather than capitalizing the full cost of resource depletion, wars to protect access to foreign oil, the cost importing foreign oil, pollution costs, and others into the price of a gallon of gasoline, voters (drivers, parents and grandparents) voted for politicians that would socialize those costs against the future labor of their children. Tyranny of the Majority induced by Federal officials forcing Federal highway standards and a Federal commercial monopoly of transportation networks.

  1. Division of Sovereignty. The State Ratifying Conventions document the People’s understanding in making a contract to create The United States of America and issuing instructions to the Federal government. Text from the Virginia and New York conventions illustrate that the Constitution is an enumerated powers document, powers not specifically declared are retained by the States and People:

1st. That each state in the Union shall respectively retain every power, jurisdiction, and right, which is not by this Constitution delegated to the Congress of the United States, or to the departments of the federal government.”

3d. When the Congress shall lay direct taxes or excises, they shall immediately inform the executive power of each state, of the quota of such state, according to the census herein directed, which is proposed to be thereby raised; and if the legislature of any state shall pass a law which shall be effectual for raising such quota at the time required by Congress, the taxes and excises laid by Congress shall not be collected in such state.

7th. That no commercial treaty shall be ratified without the concurrence of two thirds of the whole number of the members of the Senate; and no treaty ceding, contracting, restraining, or suspending, the territorial rights or claims of the United States, or any of them, or their, or any of their rights or claims to fishing in the American seas, or navigating the American rivers, shall be made, but in cases of the most urgent and extreme necessity; nor shall any such treaty be ratified without the concurrence of three fourths of the whole number of the members of both houses respectively.

17th. That those clauses which declare that Congress shall not exercise certain powers, be not interpreted, in any manner whatsoever, to extend the powers of Congress; but that they be construed either as making exceptions to the specified powers where this shall be the case, or otherwise, as inserted merely for greater caution.

That the powers of government may be reassumed by the people whensoever it shall become necessary to their happiness; that every power, jurisdiction, and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the government thereof, remains to the people of the several states, or to their respective state governments, to whom they may have granted the same; and that those clauses in the said Constitution, which declare that Congress shall not have or exercise certain powers, do not imply that Congress is entitled to any powers not given by the said Constitution; but such clauses are to be construed either as exceptions to certain specified powers, or as inserted merely for greater caution.

That Congress do not lay direct Taxes but when the Monies arising from the Impost and Excise shall be insufficient for the Public Exigencies. nor then until Congress shall first have made a Requisition upon the States to assess levy and pay their respective proportions of such Requisition, agreably to the Census fixed in the said Constitution, in such way and manner as the Legislatures of the respective States shall judge best; and in such Case, if any State shall neglect or refuse to pay its proportion pursuant to such Requisition, then Congress may assess and levy such States proportion, together with Interest at the rate of six per C`entum per Annum, from the time of Payment prescribed in such Requisition.

That no Money be borrowed on the Credit of the United States without the Assent of two-thirds of the Senators and Representatives present in each House.

  1. Bill of Rights. Bill of Rights was ratified to document some of the concerns of the State Ratifying Conventions.  The Preamble is very clear that the Bill of Rights was already inherent in the enumerated powers limitation of the basic Constitution.

Preamble: THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Eleventh Amendment was ratified Feb 7, 1795 to reaffirmed State sovereignty after the Supreme Court infringed on State sovereignty in Chisholm v. Georgia, 2 U.S. 419.

  1. Fascism and Civilization Killers:

Life requires energy. Oil energy is finite. US Peak Oil was in 1970.

Life and nations based on oil are dying at the slow and relentless pace of oil field depletion.  Federal policies that make oil the lifeblood of America’s economy created civilization killers of Peak Oil, Climate Change, Debt and Lesser Ills.

The Constitution was ratified with Senators elected by State Legislatures. The experience of the People in governing ourselves in governments closer to the people would define and set national choices via the Senate. The House of Representatives would then apply the passions of the people in choosing between those choices.

In 1913 the 17th Amendment shifted how national choices were framed from the States to Special Interests.  The Federal government began the incremental process of consolidating vast commercial interests under government management. Laws were made and companies/unions chosen to win under those laws.

In 1918 communications, power and transportation infrastructures were monopolized/socialized as “natural monopolies.” Federal policies taxed the people to build infrastructure to support sales of grid electricity, cars and oil.  The Federal officials shifted from defending liberty to selling cars, “A car in every garage and a chicken in every pot.”

Federal standards undermined the defense against faction by creating a Tyranny of the Majority as drivers and electric grid users vote policies for cheaper gasoline and electricity while socializing vast costs of oil and coal use against the liberty of Posterity and non-drivers.

Federalist #51 (James Madison): ”It is of great importance in a republic not only to guard the society against the oppression of its rulers but to guard one part of the society against the injustice of the other part. If a majority be united by a common interest, the rights of the minority will be insecure.” 

Further, Federal standards converted viable solar powered State economies into colonies of car and oil companies. Hawaii and Iowa are examples. Long distances from the nearest oil wells people in these States face Oil Famine, a monolithic dependence on a source of energy 100% outside their control.

US Peak Oil was in 1970. Since 1970 national debt and oil imports have increased in tandem from $0.37 to $16.40 trillion.  Debt is the tax on future labor. The $16 trillion Debt equates Taxation without Representation of $53,000 for every child in America.  This is Taxation without Representation far more severe than America’s founders experienced from a king.  

Federalist #57 (James Madison): ”…the House of Representatives, restraining them from oppressive measures, that they can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of the society. This has always been deemed one of the strongest bonds by which human policy can connect the rulers and the people together. It creates between them that communion of interests and sympathy of sentiments, of which few governments have furnished examples; but without which every government degenerates into tyranny.”

I do not understand all the factors that create the balance of nature, nor do I know what resources will be essential to Posterity’s pursuit of happiness. So, until it is proven there is no harm from burning coal and oil, all costs associated with capturing pollution should be capitalized into the price of use. All costs associated with restoration of the resource to like condition for Posterities pursuit of happiness must be capitalized into the cost of use. We are a capitalist nation with a usufruct duty to Posterity mandated by the Constitution. We may use any resource we like for profit, without harm. Government may not allow some to profit from depleting a resource while socializing costs against the general welfare or risk the liberty of Posterity.

Unconstitutionally Federal legislation created civilization killers by mandating Americans buy cars, oil and grid electricity to be economically competitive. Free markets did not create this infrastructure. Federal officials taxed Americans to build infrastructure that gave a specific advantage to automobile companies, unions and drivers resulting in oil-wars since 1990, US Peak Oil in 1970 (resource depletion), debt increasing from $0.37 to $16 trillion in tandem with oil imports, pollution that tilted the balance of nature.

  1. The National Industrial Recovery Act funded entities such as the Rural Electrification Administration (REA). Between 1935 – 1955 The REA subsidized deploying the electrical grid and wiped out the entire renewable distributed power industry that had managed to sell 600,000 electric and water windmills against the headwinds of World War I and the Great Depression. Had every subsidized utility pole been offered as a windmill tower, electrical generation from windmills would far exceed the US demand for oil, coal and nuclear energy.

  1. The Federal-Aid Highway Act of 1956 taxed the people to fund the Interstates. Interstates account for approximately 1.4% of US roads and 25% of car-miles-driven.  Since Interstates were built:
  1. US cities have sprawled mandating Americans buying cars and oil to be economically competitive.  Miles driven per year has increased from
  2. Efficiency was removed as a market force forcing railroad companies into bankruptcy and the abandonment of tens of thousands of miles of railroads.  On the surviving 140,000 miles of freight rails cargo is moved at an average of 480 ton-miles per gallon.
  3. Alternative networks such as Personal Rapid Transit (PRT) have been blocked by the “institutional barriers” warned of in Congressional Office of Technology Assessment study PB-244854 (1975), “Automated Guideway Transit: An, Assessment of PRT and Other New Systems.” This study was written to find solutions to harm caused by the 1973 Oil Embargo. PRT, Personal Rapid Transit, networks were identified as the likely solution. The PRT network opened in Morgantown, WV in 1975 has since delivered 110 million oil-free, injury-free passenger-miles.  In the same period that PRT has been injury-free, the highway monopoly has killed 1,590,000 Americans.
  4. Alternatives such as golf carts, bicycles and walking are suppressed by the hostile safety and regulatory environment of highway networks and Federal standards.

  1. Life and The United States of America were founded and existed for most of history powered within a solar budget. Enough solar energy hits the United States in every hour of sunshine to power the US economy for a year.  Thomas Edison noted this in 1910 :

"Some day some fellow will invent a way of concentrating and storing up sunshine to use instead of this old, absurd Prometheus scheme of fire. I'll do the trick myself if some one else doesn't get at it. Why, that is all there is about my work in electricity--you know, I never claimed to have invented electricity--that is a campaign lie--nail it!"

"Sunshine is spread out thin and so is electricity. Perhaps they are the same, but we will take that up later. Now the trick was, you see, to concentrate the juice and liberate it as you needed it. The old-fashioned way inaugurated by Jove, of letting it off in a clap of thunder, is dangerous, disconcerting and wasteful. It doesn't fetch up anywhere. My task was to subdivide the current and use it in a great number of little lights, and to do this I had to store it. And we haven't really found out how to store it yet and let it off real easy-like and cheap. Why, we have just begun to commence to get ready to find out about electricity. This scheme of combustion to get power makes me sick to think of--it is so wasteful. It is just the old, foolish Prometheus idea, and the father of Prometheus was a baboon."

"When we learn how to store electricity, we will cease being apes ourselves; until then we are tailless orangutans. You see, we should utilize natural forces and thus get all of our power. Sunshine is a form of energy, and the winds and the tides are manifestations of energy."

"Do we use them? Oh, no! We burn up wood and coal, as renters burn up the front fence for fuel. We live like squatters, not as if we owned the property.

There is a Constitutional duty to Posterity and usufruct, to use for profit without harm. We may use any resource we like so long as we properly capitalize all costs of use and restoration to like use for Posterity.

Proof that oil and coal pollution cause Climate Change are unnecessary. Until it is proven that they do not cause Climate Change, all costs use and restoration to like use must be capitalized into the price. If we need $3 gasoline to pursue our happiness, then we must assure that those oil resources being consumed are restored to like condition so Posterity may equivalently pursuit their happiness.

Restoring communications infrastructure to free market in 1982 resulted in millions of jobs, vast innovation and better services at lower costs.

Restoring power and transportation to free markets will allow market forces to deploy networks that preempt the deaths, congestion and pollution of the highway monopoly.  Theme parks, airlines and every means of conveyance that is not protected by sovereign immunity are thousands of times safer than government highway monopolies.

Federal Highway standard removed the protection from faction by forcing the States to become colonies to car and oil companies, forcing most Americans to buy cars and oil to be economically competitive.

10. Unintended Treason

Federalist #63 (James Madison): ”so there are particular moments in public affairs when the people, stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament and condemn.”

Eight Presidents have declared imported oil a threat to national security. Soldiers have been trading blood to defend access to foreign oil since 1990. Petro-dollars funded the terrorist attacks of 9/11.  Threats to the nations are enemies of the Constitution.

In that same period of time Federal officials have taxed the people to build infrastructure that forced consumption of foreign oil to increase from 20% to 50% of needs. This meets the standard set in Article 3, Section 3 for aiding an enemy.  I know Federal officials intended well, but by violating the Constitution to create monopoly control over power and transportation infrastructure create civilization killers.

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