Coming Referendum Fails Constitutional Rules

Queensland Government Treasury Buildings, Quee...

Queensland Government Treasury Buildings, Queen Street, Brisbane, ca.1907 (Photo credit: State Library of Queensland, Australia)

The coming referendum has failed the Constitutional Rules, and the State Governments and Federal Parliament have already not adhered to its conventions.  The Australian Constitution has been changed illegally over a hundred times without Referendum by various governments who just ignore it’s directions in how government should be run.  For instance, the Gonski plan for Education is an utter farce as the Federal Government has no rights to impose a national curriculum on States.  It sounds good in theory, however a National curriculum sets the boundaries for what can be taught in schools that are funded by the government.

The subject of history is particularly problematic, given that lies told often enough, become truth, and our young are led astray, as their whole world view becomes skewed.  Take for example the fact that schools used to teach that Australia was “settled”, but now the High Court has declared in a historic decision, that Australia was not settled, but was rather “invaded”. Simple enough declaration, but this hidden history also hid the genocide that was carried out in the name of the imperialist seeking Crown.

Another problem in our schools is that schooling is focused on “industry” which is short-lived, especially technology.   A classical education teaches literature (not English), classical art and music and critical thinking by using logic among other subjects.  There consists a communist conspiracy to dumb down our children which started after WWII, picking up the pace as each decade progressed.

In essence, the Gonski Funding plan is a red herring because improving education starts with what is considered “education” not the funding of such.  Children could receive as good an education in a park, but its nice to have a roof incase it rains, and technology as an aid to learning.  To read a free e-book called the ‘Dumbing Down of America’ by Charlotte Iserbyt, see the link in the side bar under Free E-books.

However, back to the Referendum, below is a copy of a letter I received which was sent to Senator Smith by Mr G. (Gerrit) H. Schorel-Hlavka O.W.B., where he asks why they are even bothering to ask people?  It is of course another trick question, which is to allow bigger government which means more and more and more taxes, until Australians wake up enough to march in the streets.

Break your trance, wake up and smell the tyranny.

_________________________________________________________________________

Email sent to:  senator.smith@aph.gov.au

Dear Senator Smith,

I am a CONSTITUTIONALIST, and have grave concerns about the coming referendum (re s96), and the misleading details provided about it.

As a retired Professional Advocate I view that any debate about the legal consequences of a s96 amendment must be FAIR and PROPER.

In my view, to amend s96 would be dissasterous. I would undermine the very principles embedded in the constitution.

 Hansard 17-3-1898 Constitution Convention Debates
QUOTE Sir EDWARD BRADDON.- When we consider how vast the importance is that every word of the Constitution should be correct, that every clause should fit into every other clause; when we consider the great amount of time, trouble, and expense it would take to make any alteration, and that, if we have not made our intentions clear, we shall undoubtedly have laid the foundation of lawsuits of a most extensive nature, which will harass the people of United Australia and create dissatisfaction with our work, it must be evident that too much care has not been exercised.  END QUOTE

.Hansard 8-2-1898 Constitution Convention Debates
QUOTE:  Mr. OCONNOR (New South Wales).-The honorable and learned member (Mr. Isaacs) is I think correct in the history of this clause that he has given, and this is [start page 672] one of those instances which should make us very careful of following too slavishly the provisions of the United States Constitution, or any other Constitution. No doubt in putting together the draft of this Bill, those who were responsible for doing so used the material they found in every Constitution before it, and probably they felt that they would be incurring a great deal of responsibility in leaving out provisions which might be in the least degree applicable. But it is for us to consider, looking at the history and reasons for these provisions in the Constitution of the United States, whether they are in any way applicable; and I quite agree with my honorable and learned friend (Mr. Carruthers) that we should be very careful of every word that we put in this Constitution, and that we should have no word in it which we do not see some reason for. Because there can be no question that in time to come, when this Constitution has to be interpreted, every word will be weighed and an interpretation given to it; and by the use now of what I may describe as idle words which we have no use for, we may be giving a direction to the Constitution which none of us now contemplate. Therefore, it is incumbent upon us to see that there is some reason for every clause and every word that goes into this Constitution.  END QUOTE

.I would also urge you to pursdue the s101 Inter-State Commission, which the Framers of the Constitution held should always be in place. It means that the Inter-State Commission and not a political minded government would be dealing with funding to what may be in the interest of each State,

.Hansard 1-3-1898 Constitution Convention Debates
QUOTE:  Mr. WISE.If the Federal Parliament chose to legislate upon, say, the education question-and the Constitution gives it no power to legislate in regard to that question-the Ministers for the time being in each state might say-“We are favorable to this law, because we shall get £100,000 a year, or so much a year, from the Federal Government as a subsidy for our schools,” and thus they might wink at a violation of the Constitution, while no one could complain. If this is to be allowed, why should we have these elaborate provisions for the amendment of the Constitution? Why should we not say that the Constitution may be amended in any way that the Ministries of the several colonies may unanimously agree? Why have this provision for a referendum? Why consult the people at all? Why not leave this matter to the Ministers of the day? But the proposal has a more serious aspect, and for that reason only I will ask permission to occupy a few minutes in discussing it.  END QUOTE

This too indicates that Education is a State matter and Commonwealth fuinding cannot be used to interfere and undermine State authority as to education as now is being done.

The (federal) constitution, in which the States in s106 are created, has a principle of separation of powers between the legislators, the executive and the judiciary. Municipal councils clearly have no such doctrine within themselves.

The Framers of the Constitution referred to the “State Government” as being the “Local Government“, and the “Federal Government” being the “central government”. It begs the question; How can “municipal councils” be a “local government” when the State Governments, that is constitutionally, already are their “local governments”?

Also, if “municipal councils” are corporations in some States and in NSW and Queensland now (since 2012) part of the Crown, then how can one elect councils for a State Department, as councils are once they become part of the Crown?

Also, consider the wage and other cost explosions once councillors take the position that they are entitled as Members of Parliament(s), for the same remunerations, perks, etc?

As you are a Senator to represent State interest, I look forwards to hear from you.

This email is very limited in context because it may turn you off if I sent a large volume, but my blog http://www.scrib.com/inspectorrikati has numnerous documents regarding constitutional issues.

For the record, I defeated on 19 July 2006, in the County Court of Victoria, the Commonwealth as to compulsory voting as the Framers of the Constitution held that registration and compulsory voting legislative powers should not be given to the Commonwealth.

 Hansard 8-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) 
QUOTE Mr. ISAACS.-We want a people’s Constitution, not a lawyers’ Constitution.END QUOTE

Lawyers tend to misinterpret what the true meaning and application of the constitution is about.

Gerrit

Mr G. (Gerrit) H. Schorel-Hlavka O.W.B.
MAY JUSTICE ALWAYS PREVAIL®

Blog (constitutional issues) http://www.scribd.com/inspectorrikati
Website: http://www.schorel-hlavka.com

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URGENT – SUBMISSIONS ON LOCAL GOVERNMENT RECOGNITION CLOSE 15 FEBRUARY 2013

English: Picture of Colin Barnett, Premier of ...

English: Picture of Colin Barnett, Premier of Western Australia and leader of the Western Australian Parliamentary Liberal Party. (Photo credit: Wikipedia)

——– Original Message ——–

Subject: URGENT – SUBMISSIONS LOCAL GOV. RECOGNITION CLOSE – 15FEB 2013 Date: Sat, 2 Feb 2013 12:21:27 +0800
From: Donna Aussie <fedupmandate@

To: undisclosed-recipients:;

Please everyone, put your submissions in with regards to local government recognition in constitution. Some of the submissions state Australian Constitution and not the Commonwealth of Australia Constitution Act.

I have attached the submission from Colin Barnett. Something is going on it WA. The federal government does not have his support. Maybe he already knows this will wipe out state government in preference for local government.

Do you know about this Committee?

Joint Select Committee on Constitutional Recognition of Local Government

On 1 November 2012 the Parliament of Australia established a Joint Select Committee to inquire into and report on the majority finding (financial recognition) of the Expert Panel on Constitutional Recognition of Local Government including by amending section 96 of the Australian Constitution.

The Committee may report from time to time but it has been asked to present a preliminary report no later than December 2012 if possible; and directed to present a final report no later than February 2013.

The Final Report from the Expert Panel on Constitutional Recognition of Local Government can be accessed by clicking on the link Expert Panel on Constitutional Recognition of Local Government. Public submissions to the Expert Panel are available to the Committee for the purposes of this inquiry.

The Committee invites interested persons and organisations to make submissions addressing the terms of reference by Friday 15 February 2013.

_______________________________________________________________________

Section 96. The Constitution of the Commonwealth of Australia.

“During a period of ten years after the establishment of the Commonwealth and thereafter until Parliament otherwise provides, Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit”.

_________________________________________________________________________

—– Original Message —–
From: healthachievers –
To: jsclg@aph.gov.au
Sent: Wednesday, January 30, 2013 4:53 PM

Subject: Further: URGENT: 2nd PUBLIC HEARING 20FEB2013 – SUBMISSIONS LOCAL GOV. RECOGNITION CLOSE – 15FEB 2013 /

Attenton: jsclg

It is with regret that I was not aware – by any Media that on 01Nov2012 that the Commonwealth Government established as per below. I note as at yesterday morning on the website “Parliament of Australia”…, a 2nd Public Hearing will take place on:

Wednesday, 20 February 2013
9.00am and 5.00pm –
Macquarie Room,
Parliament House,
New South Wales.

I will strictly make an effort to listen to the Television News, ABC in particular- (I do not buy newspapers) as to whether I will hear abut the 2nd public hearing in February.

Todate, I have asked at least 20 of my friends, and not one person was aware. Therefore, I kindly request that the Submission date of 15 February, 2013 be extended. I know that it can be done. The Northern Territory Intervention Submission date was extended.

Thanking you, and have a good day.

Marg

_______________________________________________________________________

 IMPORTANT TO READ THE TRANSCRIPT AS DETAILED BELOW AS WE MISSED OUT ON THE PUBLIC HEARING.

BUT HAVE TIME TO PRESENT OUR “SUBMISSIONS”: Please circulate

 http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsclg/index.htm

01Nov12 Parliament of Australia established a Joint Select Committee to Inquire and report on the majority finding (financial recognition) of the Expert Panel on Constitutional Recognition of Local Government including by amending sect 96 of the Australia Constitution.

Submissions due by Friday, 15 February 2013

Submissions Received todate:

http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsclg/localgovt/subs.htm

ONLY ONE ‘PUBLIC HEARING’ IN SYDNEY ON 16 January 2013 – Did you know about it?????????????????????????????

To Read the Transcript – Click into “Public Hearing”, then to left of screen: ADOBE PD File – this is the Transcript folks!!!!!!

http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsclg/localgovt/hearings.htm

Enjoy the read, and ensure to read some of the submissions by councils and associations.

_________________________________________________________________________

Dear Reader

The attached files give you an avenue of interpretation regarding the invalidity of the State government in Victoria, and in other States where the so called Parliament rely upon section 51(xxxviii).

Constitutional Powers Act (1980) Victoria
Section 51

Any questions please forward those questions through the CLRG email and they will answered asap.

Regards
Darryl