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Neopop Pro Se Self-Help Kit for Seat Belt Defense

Posted by: Erick G. Kaardal in Untagged  on

 

Dear Friends of Neopopulism.org:

I am forwarding you the neopop pro se self-help kit to defend against Minnesota seat belt violation charges. Feel free to share it with your friends who are charged with seat belt violations based on a police stop for a seat belt violation only. Of course, my personal advice is "wear your seatbelt." Best regards.

egk

-----Original Message-----

From: Erick Kaardal

Sent: Friday, July 16, 2010 8:11 AM

Dear all:

This email and attachment is a pro se self-help litigation packet to defend against Minnesota seat belt violations based on a police stop for a seat belt violation only. Currently, the defenses explained herein are being argued by myself on a formal motion to dismiss in Dakota County District Court. Pro se defendants, however, are now making the arguments and winning in at least 6 counties.

Here is my advice to you:

My understanding is you will be representing yourself at a hearing in your County on a seat belt violation based on a police stop for only a seat belt violation. If your circumstances are different than those described, then my advice is not intended for you.

In preparation for your hearing, you should print off the official law that is stated below in my letter below. Tell the judge at the hearing the following:

1. The charges should be dismissed because the official law is that the police can not stop for a seat belt violation. (The critical sentence is in the note section.)

2. According to Minnesota statute 3C.11, subd. 1 (quoted in the letter below), the court needs to rely on the official law which is published by the Office of Revisor.

3. The official law states in the note section that the statute was amended to prohibit the police from stopping for a mere seat belt violation.

4. Because the police violated the official law, you should go free.

As you know, I have given you this advice; but, I decline representation in your criminal proceeding.

Now, you promised that you would call me after the hearing, to tell me how you did. I would appreciate it. Thanks.

egk

LETTER USED IN REAL COURT CASE:

  

Dear Judge Moynihan:

            This correspondence is a short reply to Mr. Porter's correspondence of June 3, 2010.  Mr. Porter's arguments regarding the session laws fail to cite or overcome the presumption expressed in Minn. Stat. 3C.13:

Any volume of Minnesota Statutes, supplement to Minnesota Statutes, and Laws of Minnesota certified by the revisor according to section 3C.11, subdivision 1, is prima facie evidence of the statutes contained in it in all courts and proceedings...

1984 c 480 s 13; 1984 c 655 art 2 s 19 subd 2.  Since the published Minn. Stat. § 169.686 favors my client on the disputed law, the burden shifts to the State to show that the statute is something other than what the Revisor has reported as the law.

            The Revisor of Statutes under the authority vested in Minn. Stat. Ch. 3C published Minnesota Statutes 2009 Supplement which states in relevant part under Minn. Stat. § 169.686 (copy attached):

Note: Subdivision 1 was also amended by Law 2009, chapter 82, section 2, to read as follows:.... A peace officer may not issue a citation for a violation of this section unless the officer lawfully stopped or detained the driver of the motor vehicle for a moving violation other than a violation involving motor vehicle equipment...

Nowhere in Minnesota Statutes 2009 Supplement is there reflected the State's position that this language has been amended or deleted. 

             The State has only pointed to a session law which has an earlier effective date -- June 9, 2009 versus July 1, 2009.  On the basis of the session law with the earlier effective date, the State argues that this session law deletes the Revisor's published law which became effective on July 1, 2009, three weeks after the effective date of the law purporting to delete the later-effective law. 

             The most reasonable court response to the state's arguments is "not proven."  My client deserves a lot more from the State than what she is receiving in this particular case as to what the law is.  The Eagan citation indicated that she violated Minn. Stat. § 169.686.  She has argued that the stop was illegal based on the Revisor's published Minn. Stat. § 169.686.  After the hearing, the State produces a letter attaching session laws stating a law with a later effective date was repealed by a law with an earlier effective date.  Meanwhile, hundreds are being ticketed statewide without this issue being resolved one way or the other.  The way the State has handled this matter of "law" should be unacceptable from the Court's point of view - prosections based on a contradiction of the Revisor's published laws.   Fundamentally, the people are entitled to rely on the Revisor's published laws - and the law enforcement agencies are expected to.  If there is a problem with the Revisor's published laws, it is incumbent on the state, not a criminal defendant, to fix them prior to prosecution.

            Since Minn. Stat. 3C.13 shifts the burden of proof onto the State, the State in this particular case has failed to meet its burden showing that the Revisor's published law on Minn. Stat. § 169.686 is not the law of the state.  Accordingly, the seat belt charge against ____________ should be dismissed.

Very truly yours,

 ________________

 

 


THE JUDICIAL ELECTIONS CONSTITUTIONAL AMENDMENT IS CONSTITUTIONAL MALPRACTICE

The Star Tribune in its March 7, 2010 endorsement of the legal establishment's judicial elections constitutional amendment tragically deferred to the experts - rather than applying its own common sense. A fair reading of the legal establishment's proposed constitutional amendment shows it is constitutional malpractice.

Under the current democratic judicial election system, judicial elections serve as the only moderating influence on Governors making purely ideological appointments to the Minnesota Supreme Court. Ideological packing of the Minnesota Supreme Court is standard policy for both DFL Governors (think Perpich) and GOP Governors (think Pawlenty). In fact, the Star Tribune on February 27, 2010 ran an article  -- "No Doubt, the State's High Court Tilts Right" -- detailing how Governor Pawlenty's 4 appointments to the Minnesota Supreme Court over the last 7 years has created a right -wing court.

The proposed constitutional amendment sponsored by prominent Republicans like Chief Justice Eric Magnuson, former Chief Justice Kathleen Blatz and Former Governor Al Quie eliminates the moderating influence of judicial elections on judicial appointments to the Minnesota Supreme Court.

Under the new system of retention elections, if a Governor selects a judge that loses a retention election because of ideology, the Governor will have the unilateral opportunity to select the replacement with the same ideology.  Under the current system, the attorney who wins the election against the Governor's ideological appointment fills the seat; the Governor does not appoint the replacement.  So, the constitutional amendment would remove the only moderating influence left on purely ideological appointments to the Minnesota Supreme Court.

Predictably, Governor Pawlenty has jealously protected the Governor's prerogative to make ideological appointments to the Supreme Court.  According to the constitutional amendment's sponsor, St. Louis Park DFL Rep. Steve Simon, provisions for merit-based limitations on the Governor's judicial appointments were dropped out of concern that it would draw the opposition of Governor Pawlenty.

In the view of new populists, judicial elections are important because the Minnesota Supreme Court is the final word on interpreting the Minnesota Constitution, Minnesota statutes and the common law which affects all Minnesota legal disputes.

On these issues, there is no appeal to the U.S. Supreme Court. Unlike their federal counterparts on the U.S. Supreme Court, the Governor's appointments to the Minnesota Supreme Court do not need to be confirmed by the Senate. So, the Minnesota Supreme Court is much more prone to ideological packing by the appointing executive than the U.S. Supreme Court is.

Because the Minnesota Supreme Court is the final word, there is a special need for judicial elections at this level that does not exist for the lower courts. If a Minnesota Supreme Court justice goes exotic, there needs to be a fail-proof safety valve. The current judicial election system's fail-proof safety valve is the public can replace an exotic justice by voting in another lawyer to take the exotic justice's job. Unfortunately, the proposed constitutional amendment does not have such a fail-proof safety valve.

For example, under the new system, what if a maverick (think Jesse Ventura) were elected Governor with a bare plurality of votes? What if that Governor (think Tim Pawlenty) received four appointments to the Minnesota Supreme Court? What if that Governor (think Jesse Ventura) had exotic constitutional views such as unicameral legislature, gay marriage or a constitutional ban on affirmative action? What if the Governor's four appointments judicially impose unicameral legislature, gay marriage and a constitutional ban on affirmative action? What then?

Under the proposed constitutional amendment, the people could vote against retaining the justices who voted for these exotic constitutional views. But, the problem with the proposed new system is the same Governor who appointed the non-retained justices gets to appoint their replacements. The Governor could then appoint replacements with the same exotic views of the original non-retained appointees.

The proposed constitutional amendment's flaw of encouraging ideological judicial appointments is a major, not a minor, flaw. Over two hundred years ago, the framers of the U.S. Constitution recognized the danger of ideological judicial appointments by the President and required U.S.

Senate confirmation of judicial appointees.  The proposed constitutional amendment has no such protection against the Governor making similar ideological judicial appointments. Chief Justice Magunson, Chief Justice Blatz, Governor Quie and, regrettably now, the Star Tribune editorial board recommend that the people ignore this long-identified constitutional danger.  These "experts" recommend eliminating the last moderating influence on ideological judicial appointments by the Governor.

So, there is only one question left to be answered.

Should the public jump off the cliff holding hands with these experts?

 

Erick G. Kaardal is general counsel of Neopopulism.org.

Erick G. Kaardal

495 Ridgeview Circle

Hamel MN 55340

763-478-3583

 

 


Kaardal Letter to RPM Judicial Elections Committee

Posted by: Erick G. Kaardal in Untagged  on

Letter to Members of Republican Party of Minnesota Judicial Elections Committee

February 18, 2010

Dear all:  

Greetings.  

This email does not address the work of the committee -- but what's going on in the State Capital to terminate judicial elections as we know them.  I refer to the bill as Senate File 70.  

As indicated in my 2009 speech to the Minnesota Senate Judiciary Committee which I earlier sent to you, this organization -- the Coalition for Impartial Justice -- by supporting Senate File 70 supports constitutional malpractice.  If the Coalition can't be trusted to get its constitutional amendment done right, why should we listen to these elitists and experts at all?    In fact, in the people's view, it is all an elitist veneer to lead the people astray to deny themselves the right to elect their judges.  

If you are interested in more accurate information, I suggest neopopulism.org. 

Particularly, in my speech to the Legislative Evaluation Assembly last week posted on the website, I point out that Greg Wersal, Minnesota's judicial elections champion, is a new populist hero.  

The choice could not be more clear on this issue:  populists oppose Senate File 70; rationalist, elitists, experts support Senate File 70.  Who are you?  

As citizens, we should each choose.  Then, contact your state legislators accordingly.  

Best regards.  

egk  

P.S. Please feel free to distribute this to your Republican friends.


Rationalism is Dead Speech 2/11/10

Posted by: Erick G. Kaardal in Untagged  on

 

 

SPEECH TO LEA

 

FEBRUARY 11, 2010

 

BATTLING BUREAUCRACY:

 

 

(PLEASE DO NOT DISTRIBUTE)

 

©Erick Kaardal 2010

 

Introduction (Gordon)

 

Preface

 

I am a messenger of bad news: death.

 

Rationalism's enlightened search for objective truth is dead.

 

The government's enlightened search for the truth in every area of our lives is dead

 

Political science is dead. Its enlightened search for studying politics to maximize its usefulness for the people's utility is dead

 

Economics is dead.  Its enlightened search for a maximization of the people's utility is dead.

 

Ideology is dead.  Its enlightened search for the perfect ideology to serve the people is dead.

 

Partisanship is dead.  Its enlightened search for the perfect political party and political candidate is dead.

 

Expertism is dead.  The expert's enlightened search for truth is dead.

 

Politics is dead - reduced to an ugly garbage dump of dead rationalism:  political science, economics, ideology, partisanship, expertism - uhhh, it's messy, ugly, stinky.

 

Concurrently, the great conservative myth of the statesman searching for objective truth as an independent moral agent, affirmed in Edmund Burke's Letter to the Sheriff of Bristol County, Russel Kirk's Conservative Mind, George Will's Statecraft is Soulcraft, on and on and on, is dead.

 

Dialogue between the people and government is dead -- reduced by expertism, ideology and partisanship to meaningless chatter between experts with intermittent changes of volume preceding and following regularly-scheduled elections.  Dead.

 

Debate among the people is dead - replaced by misplaced deference to cultural and political experts and misplaced loyalties to fellow ideologues and partisans.  Dead.

 

Even more disturbing, in this intolerable situation, the people choose to continue to defer as slaves to the rationalist "enlightened search for objective truth" and its various manifestations. Dead.

 

The people continue to defer to the government's experts, the political scientists, the economists, the ideologues, the partisans, the experts, the politicians, the statesmen.  Dead.

 

In so doing, the people worship a messy, ugly, stinky garbage dump of rationalist death.

 

In so doing, the people have lost their knowledge.

 

In so doing, the people have lost their virtue.

 

And, above all, the people's culture is debased.

 

Listen, carefully, to the words of American Revolutionary Patriot Samuel Adams from the grave:

 

Samuel Adams quotes

A general dissolution of the principles and manners will more surely overthrow the liberties of America than the whole force of the common enemy.... While the people are virtuous they cannot be subdued; but once they lose their virtue, they will be ready to surrender their liberties to the first external or internal invader....

 

No people will tamely surrender their Liberties, nor can any be easily subdued, when knowledge is diffused and Virtue is preserved. On the Contrary, when People are universally ignorant, and debauched in their Manners, they will sink under their own weight without the Aid of foreign Invaders.

 

We are, my brothers and sisters, a universally ignorant and debauched people, we have sunk under own weight without the aid of foreign invaders.  We have succumbed to the devil in the Modern Rationalist Tradition.

 

Again, from the grave, Samuel Adams speaks to us:

 

Samuel Adams quotes:   The liberties of our country, the freedom of our civil Constitution, are worth defending at all hazards; and it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors: they purchased them for us with toil and danger and expense of treasure and blood, and transmitted them to us with care and diligence. It will bring an everlasting mark of infamy on the present generation, enlightened as it is, if we should suffer them to be wrested from us by violence without a struggle, or to be cheated out of them by the artifices of false and designing men.

 

We, my brothers and sisters, this present generation risk an everlasting mark of infamy because we are allowing this nation to be cheated out of its American inheritance by the artifices of false and designing men - and without a fight as we sit and worship a garbage dump of rationalism. 

 

Are you, are we, going to do something about it?

 

Again, from the grave, Samuel Adam writes:

 

Samuel Adams quotes:  

If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.

 

Introduction to New Populism

 

Good evening, my name is Erick Kaardal.  I am a new populist -- an evangelist.  I am not here to inform you, educate you, or persuade you.  I am here to save you from the damnation of the government's and our culture's rationalist tradition.

 

The Rationalist Tradition is based on a search for objective truth separate from any tradition - a tradition-independent truth.  New populists hold that rationalists have a tradition despite their claims to be tradition-independent.  There is no objective truth separate from a tradition. New populists identify rationalism as a tradition determined to kill America's broadly understood democratic and religious tradition. 

 

By neopopulist definition, a tradition is merely an agreement to use language in a certain way to describe human experience.  Thus there are many traditions: a Democratic tradition, a Socialist tradition, a Rationalist tradition, a Christian tradition, a Muslim tradition, a Jewish tradition, etc.  I suppose it only takes a few people to start a tradition.  But, the more important traditions appear to be those that have been around awhile and have many adherents.

 

At a meta- or national level, traditions can differ on meta-values such as freedom and equality.  America's broad democratic and religious tradition is very respectful of other traditions.  The U.S.S.R's communist tradition violated the meta-values  of freedom and equality for other traditions.  America's rationalist tradition also fails on the test of freedom and equality because it is hostile to America's broad democratic and religious tradition.

 

Sometimes the references to traditions are referred to by neopopulists as the Moses Principle.  The Moses Priniciple is that a person has a duty within their tradition to identify when another tradition is trying to kill and suppress that person's tradition.  Moses in Biblical times represented the Jewish tradition.  The Pharaoh had his own religious tradition.  When Moses asked Pharaoh that his people go to the wilderness and pray for three days, Pharaoh refused, increased their workload and commanded them not to stand and around and listen to glib speeches. Moses recognized that Pharaoh was trying to impose his tradition on the Jewish people. 

 

Similarly, the Rationalist Tradition in the United States is trying to kill the broad democratic and religious tradition in the United States.  The government does not want patriots of this Tradition going to the wilderness to pray. The government does not want the patriots of this Tradition to be organizing - or standing around and listening to "glib speeches." (perhaps like this one)

 

So, as a neopopulist, I am a hyper-realist.  I am here to tell you that the Rationalist Tradition as a tradition has ruined our nation, ruined our culture and ruined our people.

 

Our biggest mistake would be to continue to operate within this paradigm. You need to understand that the Republic is dead.  There is no representative democracy any more. The people have lost control of their representatives - their government - their culture.

 

Consequently, the people are losing democratic hope - losing hope than they can govern themselves.

 

Something dramatic must be done.  So join us.  Leave the old rationalist paradigm and join the new populist paradigm.

 

The moment we begin to understand that it is crazy to dialogue and debate with the Modern Rationalist Tradition, our tradition's mortal enemy, the sooner the phoenix will rise from the ashes: new populist counterculture.

 

It's the counterculture, stupid!

 

Creating Counterculture:  The Neopopulist Hypothesis

    

     We as neopopulists have a simple hypothesis.  If the people separate their minds from the experts, it will lead to America's first renaissance:  a new counterculture.  "Hypothesis" according to the storebook dictionary definition means "tentative explanation."  The neopopulist hypothesis, thus, is a tentative explanation of how to fix America.  

 

    The neopopulist hypothesis is simple.  American culture is riddled with fallacies - false ideas.  Our culture is particularly impaired by rationalistic, ideological, partisan and intellectual reductionism.  Such reductionism has deformed the people, their language, their knowledge, their democracy and their culture.  Our culture and government should mirror who the people are - in the best sense.  However, today, when the people look in their cultural and political mirrors, they are embarassed of the mediocrity that they have allowed themselves to become -- the ugliness.  The people are embarrassed by the "mediocrity" they see - the "mediocrity" they have created.

 

    The people understand that they are responsible for the cultural and political leviathan they created.  But, how did it happen?  It happened because the people have deferred to "experts" in every cultural and political subject matter.  The people believe that the expert's technical language is to be preferred over the people's ordinary language.    The people believe, with the experts, that knowledge is personal and occult and inaccessible to those on Main Street.  The people believe only the government has the required expertise to manage the people. 

 

Ultimately, that is what the people have come to want in our modern world: to be managed. But do the people really want to be managed by their government?  Or is this result caused by their weaknesses -- exploited by the experts?  If the people could have it, would they want to manage the government into compliance with their shared values?  

 

            It is in this cultural and political environment of ambiguity that neopopulist counterculture is necessary.  The manly question to be asked is not "What is the objective truth?"  No, it is "Who is making the decisions around here?"  The neopopulist demands that the people - not the rationalist experts - make the cultural and political decisions.  The neopopulist asserts his tradition against the rationalist tradition - knowing it is a duel to the death. 

 

After all, what if one-by-one, people rejected the experts?  If one-by-one, a person declared the Neopopulist Declaration of Independence from Experts.  First, I will separate my mind from the minds of the experts.  Second, I reject the expert's technical language.  Third, knowledge is not personal and occult - it is accessible to all and should be diffused.  Fourth, I embrace the people, their ordinary language and their shared knowledge.  Fifth, I work with my neighbors against the government and against the prevailing culture to bring to bear my neopopulist view of the world.  Sixth, ultimately, what each of these neopopulists wants, nay, demands, in the post-modern world, is that the people manage the government -- not the other way round.

 

    The neopopulist counterculture will succeed or fail based on whether it matters that the people have separated their minds from the experts.   The neopopulist hunch is that if the people separate their minds from the experts and if the people manage the government instead of the government managing the people, America's first renaissance will occur. 

 

In this way, neopopulists are progressives. The storebook dictionary definition of "progressive" is "favoring progress, reform, etc."  Neopopulists are all of that definition and more because neopopulists believe that the neopopulist hypothesis will lead to grand reform --- America's first renaissance. 

 

    In fact, if neopopulist counterculture succeeds, America will experience its first renaissance -- rivaling the renaissance experience in Europe.  The people, their culture and politics, will flourish.   The ugliness of all of the expert's technical language will give way to the beauty of the people's ordinary language.  Poetry will be restored to its proper place.  The technical manual will be put in its proper place.   The ugliness of bureaucratic personal and occult knowledge will give way to the beauty of the people's shared knowledge.  The people will be restored to their proper place.  The bureaucracy will be put in its proper place.

 

     The key pre-condition to test the neopopulist counterculture is democracy.  Because without democracy, the only option - as Samuel Adams knew - would be an armed populist revolution --- as this nation was founded in 1776.  So, with neopopulist counterculture, it is important when people separate their minds from the experts, there must be means of democratic participation available -- "democratic means" -- to test the efficacy of their neopopulist will against the government and against rationalist culture.  The democratic means allows a person to assert his or her neopopulist will on the government and on the rationalist culture.

 

The government controls so many - to partially borrow a Marxist phrase --  means of cultural production that  it is a manly exercise of neopopulist counterculture simply for the people to assert control of government-funded and operated means of cultural production - including the government schools.  The people must take the means of cultural production away from the experts and away from the government.  Instead, the people must manage the means of cultural production by their own lights - and stop deferring to the lights of rationalist experts.

 

Will government and culture change if the people assert their neopopulist will peacefully upon it?  Yes, but to do so, the people must have democratic means to use to assert their will against the government and to change culture.  If there are no democratic means, there is no experiment.  Armed revolution, as in 1776, is the only choice.

  

            That is why neopopulists hate democratic deficits.  Democratic deficits exist where procedures preclude the people managing the government.  The battle over democratic deficits is between the experts who want democratic deficits and the people who should hate democratic deficits.  By way of example, the European Union operates on a model that the European Parliment "advises" the expert-laden Commission on what laws and regulations should be put in effect.  It is impossible to see under such a model that the neopopulist hypothesis would have any effect.  The laws are so rigged with democratic deficits against the people managing their government that such management would never happen.

 

            The United States has democratic deficits, but Congress is still "making" laws -- not "advising" on laws as the European Parliament does.   Nonetheless, America has huge democratic deficits relating to the federal government -- where mere election of a President and Congress are taken to represent the people's consent to the whole of federal government.  As a consequence, virtually all people are precluded from meaningfully asserting the  neopopulist hypothesis against the federal government because there aren't democratic means available to the typical citizen to use. 

 

However, at the state and local level, there are democratic means so the neopopulist hypothesis can fairly be tried.  A person can go to a city council meeting, county board meeting or state legislative hearing to be heard.  A person can attend these meetings and test the neopopulist hypothesis.  So, because democratic means are available there (althought they should be expanded there as well as with the federal government), the experiment of testing the neopopulist hypothesis should begin at the state and local level one person at a time.

   

 

 Neopopulism as a Rhetorical Platform Opposed to the Experts

 

        Neopopulism is a risky, dangerous, yet chivalrous choice.  It is also a radical choice against the governmental establishment.   The choice is between something new and something old, something true and something false, something holistic and something reductionistic.  The choice is between the people managing the government or the government managing you.  This revolutionary approach requires you to separate your mind from the bureaucratic dragons, their experts, their politics and their culture. 

 

        Let's use one example of a neopopulist to illustrate the point.  This example includes all the requisites to test the neopopulist counterculture.  There was a neopopulist named Greg Wersal of Minnesota.  There were bureaucratic dragons embedded in the Minnesota Supreme Court, Lawyers Board and Judicial Board.  Wersal, while running for state judicial office in 1998, found he had a disputed issue with these bureaucratic dragons. The disputed issue was the government's bans on judicial campaign speech including a ban on lawyer-candidates announcing their views on "disputed legal and political issues." Wersal relied on the people's ordinary language and shared knowledge about elections to make his constitutional arguments against the bureaucratic dragons.  Minnesota's judicial experts used every bureaucratic dragon available to them to win over the public and court.

 

        Wersal's actions in 1998 were revolutionary acts.  Wersal separated his mind from the experts -- a revolutionary act.  Wersal adopted the neopopulist hypothesis -- a revolutionary act.  Wersal obviously had a neopopulist hope in 1998, perhaps a fool's hope, that he might make a difference. Nonetheless, Wersal engaged in the neopopulist experiment.  In doing so, Wersal witnessed his own neopopulist revolution.  Success or failure of the neopopulist hypothesis, of course, depended not on Wersal, whose involvement was necessary, but rather on how the government responded to Wersal's claim. But, regardless of how the government responded, Wersal was a neopopulist -- that is a winner.

 

         Minnesota's judicial experts responded horribly to Wersal's claims -- basically denying that the First Amendment applies to state judicial elections.  Wersal, thus, sued in federal court.  He lost in the U.S. District Court and in the U.S. Court of Appeals for the Eighth Circuit.  But, the U.S. Supreme Court in 2001 granted Wersal's petition for writ of certiorari, heard oral argument and decided the case.  Wersal won the case by five votes to four votes.  The U.S. Supreme Court found that Minnesota's bureaucratic dragons violated the U.S. Constitution.  Wersal's neopopulist arguments carried the day in the U.S. Supreme Court.

 

        The point that neopopulists would make in the Wersal case is that Wersal not only fixed Minnesota's judicial elections; Wersal also redeemed the American political system.  For the years the lawsuit was pending, Minnesota's judicial experts, establishment and press claimed that Wersal was ruining Minnesota's judicial system by challenging its rules.  Again and again, they pilloried Wersal for bringing his "frivolous" case.  Wersal was considered the proverbial "crank."  Not only did Wersal persevere, Wersal used the democratic means available -- including courts and the media -- to make his case against the bureaucratic dragons.   By acting the way he did -- as a neopopulist -- he changed his government, our government, permanently.

 

        As this example illustrates, neopopulism is a post-modern, fallacy-free rhetorical platform for use against bureaucratic dragons and experts in the political and cultural arena.  Neopopulists believe that American politics and culture suffers under experts and their fallacious reasoning.  The fallacious reasoning has been spawned by a modern brew of ideology, partisanship, rationalism and intellectualism.  

 

New populism's healthy response is to present a rhetorical platform which is democratically constructive but abhors all the fallacies.  This new rhetorical platform embraces the truth, logic, reason and persuasion, but abhors the modern expert fallacies of ideology, partisanship, rationalism and intellectualism.  These major bureaucratic dragons need to be slayed by our new, chivalrous neopopulist knights.   The new rhetorical platform to slay all the bureaucratic dragons: neopopulism.

 

Other Neopopulist Cases

 

Wersal case was fighting against state bureaucrats.  I've been involved in about 30 new populist lawsuits - which can be reviewed at neopopulism.org, but let me mention two others at different levels of government:

 

Gravel driveway case (fighting against Town Hall bureaucrates): Keith Kieffer

 

Mdewakanton case (fighting against Federal bureaucrats):  Wolfchild case

 

Then, let me mention 3 other state cases:

 

End of Fiscal Biennium

 

Per Diem

 

Unallotment

 

Minnesota Majority

 

No Political Heroes

 

        Neopopulists don't believe in political heroes.  It believes in humility.  This fact distinguishes populism from neopopulism. 

 

        Populism believes in political heroes. The populist political movements produce political heroes.  Populism asks populists to worship its populist political heroes.

 

        In turn, populist political heroes in our political system eventually become an ideological or partisan "brand."  Those that follow the political hero use the brand to advance their political careers and interests.  Eventually, the ideological or partisan brand is updated or becomes outdated per new political conditions.  In this way, populism is complementary with ideology and partisanship.

 

        On the other hand, neopopulism is always opposed to ideology and partisanship because neopopulism doesn't believe in political heroes.  Neopopulists are not self-absorbed like populists.  There will never be a neopopulist hall of fame. There is too much work to be done to ponder recognition of work in the past.  There is no time to dwell on past good deeds.  Neopopulism requires relentlessly pursuing progress -- always.

 

        From this perspective, one can see that populism, unlike neopopulism, can never be a proper foil to the Establishment.  The Achilles' heal of populism is that populist political heroes are always tempted to become part of the Establishment -- despite what they say.  There is an old saying that the people elect the politicians and Washington changes them.  It's true.  The newly-elected populist Congressmen go to Washington and..... join the Establishment.  It is true the populist political heroes become so self-absorbed, so narcisstic, that they willfully join the Establishment.  Populism facilitates these conversions to the Establishment by promoting the narcissim.   

 

        Neopopulism hates political and cultural narcissim.  Nothing in neopopulism develops political heroes who will eventually join the Establishment.   It's contradictory.  It's impossible.  It doesn't happen.       

 

         

Battling Bureaucratic Experts?  What Do the New Populists Do?   A Revolution Based on Laptop Computers and Attitude - Please Join Us.

 

    The easiest way that I have found to explain the revolutionary tactics of neopopulism in battling bureaucracy is to half-heartedly use the scientific method.  That is it is an easy way to organize and communicate how to battle bureaucracy.  There could be other ways - but this is the best way I have found.

 

    First, the experiment requires materials.  The first thing needed is at  least one neopopulist and at least one expert.  In our culture and government, everyone seems to be an expert, so there is an abundance of those.  The problem will be locating a neopopulist who has separated his or her mind from those of the experts.  Once a neopopulist is located, then the materials required for the experiment are at hand.

 

    The second step is locating the laboratory for the experiment.  As mentioned above, it is unlikely that the federal government with its democratic deficits will offer many opportunities.  At the state and local level, however, there are a plenitude of opportunities.  Check for meetings and hearings at the state, county and city level to see what items may be on their agenda.  Relate this information back to the neopopulist to see which issues are best suited for the neopopulist to attempt to assert his will against the experts.

 

    The third step is ensuring that there is a dispute between the neopopulist and the government's expert.  It is the most difficult step in the scientific procedure listed here.  It also the most important because there must be a dispute between the neopopulist and the government's expert so that the government is put into a position where it must choose between following the neopopulist or following the government's own expert.  The data obtained from the experiment will be of a better quality if the disputed issue is one that clearly presents a choice between truth and fallacy.  So, the government will be put in the toughest position if the government's expert has embraced fallacy and the neopopulist has embraced truth.  The best data for the experiment will come from these situations where the government will either (i) follow its expert and embrace fallacy or (ii) follow the neopopulist and embrace truth.

 

    The fourth step is preparation.  Every issue to come before a governmental body requires some sort of reading, analysis or thought.  The neopopulist must be prepared to speak on the issue chosen.  The neopopulist must be as prepared as the government expert on the issue chosen.   The neopopulist must be prepared to make an excellent presentation.  The idea is that there be a clash between the neopopulist presentation and the government expert's presentation.  The government must be presented with a difficult choice.

 

     The fifth step is execution.  The hearing or meeting is the experiment's moment.  The government expert presents his or her case to the government. The neopopulist presents his or her case to the government.  The governent deliberates on the presentations.  Then, the government makes its decisions to embrace or reject its own expert. The government makes its final decision.  Done.

 

     The sixth step is collection of data.  The observer collects data on the presentations by the government's expert and by the neopopulist, the government's reactions to the presentations and the government's final decision.  Most scientific experiments also collect data from a control group.  However, this experiment does not need a control group because the assumption can be made if the neopopulist had not shown up at the hearing, there is 100% probability that the government would follow its own expert's advice.  The point of collecting the data here is to record under what circumstances the government will still follow its expert.  For example, when a neopopulist has made a presentation showing that the expert has relied on fallacy to make the expert's case, what does the government do?  If the government, under these circumstances, `rejects its experts, it tells us one thing.  If the government, under these circumstances, does not reject its experts, it tells us another thing.

 

    The seventh step is analyzing the data.  Is the neopopulist hypothesis true?  If a person becomes a neopopulist by separating his or her mind from those of the experts and challenges a government expert on a disputed issue because of fallacious reasoning, will the government ignore the government expert and embrace the neopopulist?  If the data supports this proposition, then the neopopulist hypothesis is true.  If the data shows, even under these circumstances, the government still defers to its own expert, then the neopopulist hypothesis is false. 

 

    The eighth can be the most humbling.  If the government rejects the neopopulist's position, the neopopulist must also consider all possible causes of failure.  Basically, the neopopulist needs to do an autopsy on what killed the neopopulist effort.   Was the neopopulist's position the right position to take?  Was it argued well?  Were there mistakes made in the presentation or in the arguments?  If these and other questions are all resolved in favor of the neopopulist's argument and presentations, then the neopopulist can conclude it was the government's fault that it could not separat from its experts and fallacies -- but this conclusion should only be made after the autopsy is concluded.

 

    Under these circumstances, if the neopopulist hypothesis is proven false once, then more experimentation would have to be done.  Too many questions would remain. Why would a government defer to an expert engaging in fallacy?  Is there any bases upon which a government would not follow its experts' advice?  How did the experts obtain so much power over the government?  Future neopopulists then must  design the next experiment to determine whether again the neopopulist hypothesis is proven false.  If it is, then another experiment. If proven false again, then another experiment.  This cycle will continue until the dispute between new populism and the Modern Rationalist Tradition is resolved.

 

   The final step, really an afterthought because a neopopulist by definition is humble, is publishing the experiment, results and analysis in appropriate ways.  Sharing in this way builds the new populist counternarrative and supports the counterculture.

 

   Any of us can be a neopopulist hero.  Just ask Greg Wersal, Keith Kiefer or the Mdewakanton Indians and the other neopopulist clients I represent.   It's fun and it's definitely not boring.

 

Conclusion

 

            Here are 7 last neopopulist pastoral admonitions before I conclude.

 

  • 1. Separate your mind from the political and cultural experts
  • 2. Do not dialogue with the Modern Rationalist Tradition. It wants to kill America's broad democratic and religious tradition
  • 3. Not "What is objective truth?," "It's who's making the decision here?"
  • 4. Build neopopulist culture by manly asserting your neopopulist will on the bureaucrats
  • 5. Keep democratic hope alive
  • 6. Be irate
  • 7. Be tireless

 

Now, Samuel Adams will speak one last time from the grave:

 

Samuel Adams quotes:  

It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.

 

Now, from my view from the podium, I see many neopopulist brush fires in people's minds - now, that represent in the words of President Bush the elder - a thousand points of light - a thousand points of light which I can believe in.


New Acceptable On-Line Definition of Neopopulist

Posted by: Erick G. Kaardal in Untagged  on

 

Readers of this website are aware of the criticism that neopopulism.org has of the wikipedia definition of "neopopulism."  Recently, dictionary.reference.com came up with a more reasonable definition of neopopulism. 

The definition from dictionary.reference.com can be found here.  

The definition isn't perfect, however.  Neopopulism.org points out that the origin of the word given is 1975-1980, but neopopulism goes back to 1920's U.S.S.R.  Neopopulist was a phrase used in 1920's Soviet Union to describe economists who were critical of the centralized plannig involved in Soviet Collectivized Farming -- particularly in the Ukraine. 

The definition from dictionary.reference.com is reprinted below to show its vast superiority over the current Wikipedia definition:

ne-o-pop-u-list

pertaining to a revival of populism, esp. a sophisticated form appealing to commonplace values and prejudices.
Origin:
1975-80
Related forms:
ne⋅o⋅pop⋅u⋅lism, noun

 


Congress, Democracy and Politics

Posted by: Erick G. Kaardal in Untagged  on

 

I want to share with you a few points about Congress, Democracy and Politics:

1.  In the 18th Century when the Constitution was framed, the new forms of government were transitioning from monarchy.  The biggest concern was the democratic mob taking over.  The Constitution was drafted to protect minorities.

2.  The American republic as designed required Congress to represent the people.

3.  In the late 19th Century, philosopher John Stuart Mill and others identified large, centralized and mediocre bureaucracies as being an obstacle to self-government and good government.

4.  The American Constitution was never amended to address the threat of large-centralized and mediocre bureacracies to the people's representation in Congress.

5.  Today, the federal agencies and their private allies have more sway over Congress than the people.  This aspect is what one might call a "democratic deficit."

6.  Neopopulists believe that the people need to use democratic means to get control of Congress back and to ensure the excellent government they are not receiving from the current arrangement.

7.  Under the current environment, the neopopulist charge to take Congress back from the federal agencies would be called democracy as juxtaposed to the current "politics."

8.  The current "politics" is too rationalist, ideological and partisan to be an effective vehicle for the people to take Congress  back from the federal agencies.

 9.  Instead democracy is the way to go.

10.  Over the long run, there are two alternatives.  (1)  The people manage the government. (2) The government manages the people.  Neopopulists distinguish themselves from liberals and conservatives by preferring the former. 

11.  Ideologues want the government to manage the people -- it's a natural consequence of rationalism:  the philosopher King.

12.  Neopopulists declare the death of rationalism, the philosopher King and expert-dominated government.

13.  Neopopulists express hope in the people and their government by engaging democracy and rejecting the current left-right ideological politics.

 


 

In a recent conversation with book publisher Richard Vigilante, he indicated that neopopulist authors should consider using the third-party, all-knowing observer point of view.

I attempted this in my recent blog article on the Vietnam War.  It was a disaster.  Our neopopulist friend John came into my office and told me that he was not a "chump" for signing his draft card for the Vietnam War. 

After some thought, I realized my mistake.  In the article, by being a third-party, all-knowing observer, I was acting as a rationalist and declaring conservatives who supported the Vietnam War out of fealty to the state "chumps." 

This was wrong for me to do.  What I should of stated in the neopopulist voice (the voice for the people) was that Presidents Johnson and Nixon treated these people like chumps -- not that I as a rationalist believed they were chumps. 

After this important dialogue, Dahlberg and I have written a new chapter showing how the neopopulist voice is not a third-party, all-knowing voice.  Instead, it is a voice for the people.  The neopopulist voice is opposed to the third-party, all-knowing observer point of view.  It's elitist.  It's rationalist.  It's wrong.

Again, Tom and I have re-learned that the battle is between neopopulist humility and rationalist arrogance. 

We are well on our way in winning that war.


The Vietnam War, Its Politics and Neopopulism

Posted by: Erick G. Kaardal in Untagged  on

 

One of the hardest and most difficult questions to answer is why neopopulism now?  An inability to answer this question will put the neopopulists in the kooky or eccentric category.   So, how should this question be answered?

One key to the answer may be understanding the Vietnam War and its politics.  Here are some neopopulist observations:

BACKGROUND: 

1.  The political decisions made to engage in the Vietnam War (like the Iraq War and Afgan War) were rationalist exercises.   Part of the reason the American decision to go to war was rationalist in nature is that the Congress' power to declare war was, for all intents and purposes, abrogated by the Presidency and its agencies.

2.   The fact of the executive abrogation can not be understated as to the effect and conduct  of the Vietnam War.   An imperial Presidency, just like an imperial monarchy, can wage an unpopular war for a long time. 

3.  The desire for an "honorable end" to the Vietnam War reflected a Presidential desire for self-preservation.   The people likely did not care whether there was an honorable end; they just wanted an end.  The people were not vested in whether there was an honorable end or not.

 4.  "Just war" theory in itself is rationalist.   Neopopulists believe that the people's dialogue about engaging in war should be in ordinary language:  weighing the advantages versus the disadvantages.   Just War Theory can be used by politicians, academics and other elites to suppress the people's ordinary language dialogue.

 5.  Scientific warfare, including scientific weaponry,  favors bureaucrats in influencing Congressional decisions regarding war.  The more Congress and the bureaucracies become committed to scientic warfare, the more cozy Congress and the bureaucracies become. In turn, the closer Congress and the bureaucracies are on scientific warfare, the more  difficult is for the people to influence Congress on important issues of war. 

6.  Military drones, unpiloted aircraft, are a particular conundrum.  It is now being discussed whether the Afghan War can be fought prinicipally by drones rather than soldiers.  By making foreign wars scientific and impersonal, the imperial Presidency will only consolidate power vis-a-vis Congress and the People regarding waging war.

ANALYSIS OF OPPOSITION TO VIETNAM WAR

6.   Analytically, there were two American camps on the Vietnam War:  the wise guys and the chumps.

 7.  The wise guys understood from the beginning that the Vietnam War was an unjust war.  They refused to be drafted.  They refused to allow their children to be drafted.  Many fled to Canada instead of fighting in an unjust war. 

8.  However, the wise guys' resistance to the Vietnam War was not neopopulist.  The wise guys were rationalists.  They opposed the Vietnam War for ideological reasons.

9.  The chumps were people who, out of fealty to the Presidency and the United States, went along with the war.   They allowed themselves and their children to be drafted to fight the war.

10.  The chumps became the "silent majority" that Richard Nixon appealed to to become President of the United States.

NEOPOPULIST CAMP OPPOSED TO VIETNAM WAR AS RATIONALIST EXERCISE

11.  Regrettably, there was no third camp during the Vietnam War -- for neopopulists. 

12. The neopopulist camp would have been opposed to both the Vietnam War and the wise guys because both embraced rationalism.

13.  The neopopulist camp would have recruited chumps to join in opposing the Vietnam War as a rationalist exercise.

14.  Politically, the neopopulists would have opposed the Vietnam War as a rationalist exercise by working  to restore the republican balance between the People's Congress and the Imperial Presidency.  The Imperial Presidency and its bureaucracies had gained too much power and influence over Congress.

15.  Said in another way, neopopulists would have been concerned about the process used to go to war.   The nation should have never gone to war unless the decision was properly vetted -- meaning that the people through Congress representing the people (not the bureaucracies) approved going to war. 

16.  Neopopulists view the process by which America goes to war as gravely flawed by substantial democratic deficits never intended by the Founders.  The result is the Imperial Presidency.

 17.  Compare the war powers of the British Monarch to the America's Imperial President.  The British Monarch has power only on paper. Parliament and its Prime Minister have the power.  In America, the Imperial President has the power.  Compounding this problem is that the President's bureaucracies adn the defense industry have greater influence over Congress than the people. In America, the war-making process is anti-democratic  -- which can not be said in the same way about British government. 

18.  So, in this specific regard, do you prefer the British or American system for deciding to go to war?  Again, neopopulists would not answer this question, but insist that the question be asked and answered.

ABSENCE OF NEOPOPULIST RESPONSE TO VIETNAM WAR LEFT TWO RIVAL, RATIONALIST CAMPS

19.  The absence of a neopopulist response to the Vietnam War left two rival, rationalist camps:  Wise Guys / Democrats / Liberals vs.  Chumps / Republicans / Conservatives.

20.  The Wise Guys / Democrats / Liberals, despite anti-Vietnam War credentials, became pro-state rationalists.  These people support the Imperial Presidency, a weakened Congressional power to declare war and President-initiated engagement in foreign wars.

21.  The Chumps / Republicans / Conservatives, in spite of being burned on the Vietnam War, became pro-state rationalists.  These peopole support the Imperial Presidency, a weakened Congressional power to declare war and President-initiated engagement in foreign wars.

22.  Now we have these two rival, ideological camps -- but no neopopulist camp.

23.  If there had been a neopopulist opposition to the Vietnam War, it is unlikely that we would have a political scene with two political camps full of pro-state rationalists.   Neopopulism could have won over the right or left, perhaps, both leaving the Country with neopopulism, not rationalism, at is cultural core.

POST-2008 ANALYSIS OF CONNECTIONS BETWEEN IDEOLOGY AND POPULISM

24.   After the 2008 election, there has been a lot of discussion about the connections between ideology and neopopulism.   This discussion has led to little insight because the analysis has been conducted according to rationalist lines.

 25.  Neopopulists contribute to the post-2008 analysis by pointing out that neopopulism is independent, separate and apart from ideology. There are no hybrids between neopopulism and ideology.  For example, "compassionate conservatism" is just as rationalist as "conservatism."

26.  The focus of neopopulism that illuminates its difference with the ideology of today is:  the government has the burden to show empirical evidence that each of its programs benefits, and not burdens, the people. 

27.  Today's ideologues don't care about proving that government is doing its job:  benefitting the people.


 

Tom and I have had a debate about which term better describes the American government today from a new populist perspective:  modern ideological state or modern ideological republic?

We have decided on "modern ideological republic" for the following reasons:

1.  The framers of the constitution of the American government created a republic -- representative democracy as some might say.  That form of government worked very well in pre-modern times when governments were not huge, centralized and bureaucratic.

2.  In modern times, the modern republic consistes of huge, centralized bureucraceis and has consequentially  become biased towards huge and centralized  bureacracies -- an ideological bias from a new populist humanist point of view.  Thus, the modern republic is ideological -- the "Modern Ideological Republic."

3.  The phrase "Modern Ideological State" sounds more like a Platonist concept because it is not rooted in the framing of the American constitution.  The phrase is not neopopulist enough.

Those were the reasons we changed our mind.


 

Startribune Editorial Misses the Point of the Per Diem Litigation:

The Courts are on Trial

            Friday's Startribune editorial missed the point of why the Citizens for the Rule of Law brought the per diem lawsuit.  The Citizens for the Rule of Law brought the lawsuit to put Minnesota courts on trial - not the state legislature.

            First, let's agree on some facts.  State legislator per diem compensation is a daily wage paid to state legislators on top of their salary and reimbursed expenses.  Legislative per diem compensation has nothing to do with expenses - which are eligible for separate 100% reimbursement.  The Senate and House fiscal offices understand this fact, so they withhold for federal and state income taxes on per diem payments made to individual state legislators.  These daily wages are now a critical part of state legislator compensation - probably up to 30% for some state legislators.  Many legislators in 2007 brought home more than $20,000 in these daily wages.  

Second, the Minnesota Constitution requires that compensation for legislators be determined by law and that a pay increase not take effect until after the next election. 

Third, in 2007, the State Senate - not by an enacted law, but by a vote of the Senate only - increased their per diem compensation from $66 per day to $96 per day.  The House Rules Committee made a similar increase but only to $77 per day. The discrepancy between $96 per day for senators and $77 per day for representatives, again, shows it's a daily wage. It has nothing to do with expenses. 

Based on these facts, the Citizens for Rule of Law knew (as any reader of this commentary would know) that the state legislators violated the Minnesota Constitution in 2007 by increasing their compensation without an enacted law and by increasing their compensation before the next election in 2008.

The Citizens for Rule of Law did not need a lawsuit to prove that the state legislature violated the Constitution to pad their pocketbooks.  Politicians are crooks.  There is nothing new, novel or interesting about that.  

No, the more interesting question was whether the Minnesota Courts would apply the Constitution to the state legislature?

The answer so far is no.  The Court of Appeals decision issued July 28th held that legislative per diem payments are not "compensation" within the meaning of Article IV, Section 9 of the Minnesota Constitution and, therefore, an increase to legislative per diem payments, effective immediately, does not violate that section's prohibition against same-term increases to compensation.

The Court of Appeals' decision failed several tests.  Let's just take three: ordinary language, logic and common sense.   

The ordinary language of the Constitution, voted for by the people, indicates that state legislative pay increases need to be enacted by law - meaning the House and Senate agree on a bill which is presented to the Governor for signing.  The Court of Appeals failed to acknowledge that didn't happen in 2007.

The ordinary language of the Constitution, voted for by the people, requires that a vote for a pay increase not take effect until after the next election. The Court of Appeals failed to state that a pay increase took effect before the 2008 election.

Logic suggests that if the Court of Appeals were right - and the per diem wasn't compensation - that the state legislators wouldn't care whether they received the $96 or $77 per day.  But, the state legislators do care.  These daily wages have become a significant part of their compensation package.  The Court of Appeals simply missed the logic that if the state legislators consider these daily wages their "compensation" and are relying on it to "make a living," then it must have been unconstitutional for the state legislators to increase their "compensation" without an enacted law and without delaying the increase until after the 2008 election.

Common sense suggests that the state legislators are illegally paying themselves.  People on the street, when it comes to paying for things and paying taxes are expected to comply with all the laws -- even the little laws.  In return, the little people, like the members of Citizens for the Rule of Law, believe that Minnesota courts should make the big people follow the laws too.

Put simply, the Minnesota Court of Appeals decision has shown that in Minnesota, if you are big enough and important enough, you don't need to follow the law.  There are no consequences.

Sad, but true.

Erick Kaardal is representing Citizens for Rule of Law and is General Counsel for neopopulism.org. 


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