Scott Walker the Traitor of the TEA Party Movement

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When Scott Walker ran one of the promises that he made was to repeal the smoking ban.  Not only did this ban violate the Constitution namely the takings clause of the fifth and 14th amendment. ” nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Mr Walker not only reneged on that promise, it appears that he is expanding the attack on smokers using the exact same methods that Comrade Doyle used to enact the ban.  The state budget. First here is Scott in his own words on the smoking ban.

Mr Walker has a multi-pronged attack on smokers in the budget.

The first is an attack on the owners of the RYO machines on page 435

17. Cigarette Regulation Updates
The Governor recommends defining organizations that operate roll-your-own cigarette rolling machines for public use as cigarette manufacturers. The Governor also recommends studying the use of additional cigarette stamping methods. The fiscal impact from the change in regulation of roll-your-own tobacco machines is an estimated increase in tax revenue of $1.4 million in FY14 and FY15.

Ignoring the fact that there will be no increase in revenue, actually revenue will go down as a result of smuggling, it is a matter of justice.  Should the books be balanced on the backs of smokers?

On the Freedom index Wisconsin rates towards the bottom we are the 12th worst, down two points from 2009.

Wisconsin performs below average in a number of personal freedom categories. The state has high victimless crimes arrest rates, though its drug enforcement rate is below average. It has the worst gaming laws in the country (social gambling is not allowed) and almost the strictest campaign finance laws. The state also performs below average on gun freedom and travel freedom. Home schools are regulated with some onerous notification requirements. Wisconsin has some of the best alcohol laws in the country, with taxes fairly low across the board. However, its cigarette taxes are very high and smoking bans are extensive. Wisconsin recently enacted a domestic partnership law. Its asset forfeiture laws score well (over one standard deviation better than average).

Policy Recommendations

  • Reduce the income tax burden while continuing to cut back spending through cuts in government employment and public employee benefits.
  • Pass a right-to-work law, whenever political conditions so allow.
  • Reform tobacco and marijuana regulations, using the state’s alcohol-friendly beer, wine, and spirits regulations as a model.

The second assault is on Government employees. On Page 167

The Governor recommends that the Group Insurance Board expand the current wellness program and implement a tobacco use surcharge for state employees beginning in calendar year 2014. The Governor also recommends increasing expenditure authority for supplies and services related to these wellness initiatives.
4. Modifications to Group Insurance by the Group Insurance Board
The Governor recommends a statutory modification that will allow expansions of group insurance coverage only if deemed cost-effective by the Group Insurance Board.
Employee Trust Funds 155

Of course it has been proven time and again that smokers cost society less not more so any surcharge is punitive and more “Nanny Statism” and not good policy.

The last is the funding of the very groups that lobby against smokers.  They do it under the guise of Quit lines but these lines are the very groups that lobby against smokers so any funding to them is direct funding to their lobbying efforts since it frees up their other money. Page 220

To support economic prosperity and quality of life, the department exercises multiple roles in the protection and promotion of the health and safety of the people of Wisconsin.
Note: Programs, goals, objectives and activities have been modified.
Program 1: Public Health Services Planning, Regulation and Delivery
Goal: Provide QuitLine tobacco cessation services for up to 8,000 BadgerCare Plus adults and First Breath face-to-face cessation counseling for up to 3,000 pregnant BadgerCare Plus members using financial incentives as a tool for increasing engagement in treatment and increasing quit rates.
Objective/Activity: Create structure and process to link BadgerCare Plus members in South Central and Northeastern Wisconsin to the QuitLine by January 2012.
Objective/Activity: Create structure and process to link BadgerCare Plus pregnant women in Southeastern Wisconsin to First Breath by January 2012.
Objective/Activity: Implement protocols for evaluation by March 2012. Evaluate effectiveness and return on investment of individual incentives on tobacco cessation by December 2015.

Of course the above is pushed by those who work in tobacco control and lobby for these laws.  What it does not show that the big pharma solutions that they push are not only ineffective but they fail to show their ties to the big pharmaceutical companies pushing them.

Again Nanny Statism is not a legitimate function in a constitutional government.

The tactics used by Scott Walker are identical to those of Comrade Doyle and one can only wonder how much this has to do with his wife’s ties to the American Lung Association.  From her bio page.

First Lady Tonette Walker

First Lady Tonette Walker was born and raised in Milwaukee, Wis.  She spent more than 20 years employed in the insurance industry before working for the American Diabetes Association. Currently, the first lady works in the development department for the American Lung Association.


You’ve Been Outed! (Rant of a Keyboard Warrior)

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I started my journey into being active in the political process as a keyboard warrior.  I would post on forum and newspaper comment sections under the cover of anonymity.  On Topix I used the name Free_America’ at the Crapital Times FreeAmerica.  I gave up that anonymity the day I became a proud member of Ban the Ban Wisconsin, but since I had established accounts at these various places I continued using my pseudonyms at these various places but frequently added who I was and my affiliations.  Recently aware of the plight of friends at a local RYO shop and decided to take an active role in their fight.  I contacted Vicki McKenna using my credentials as a member of Ban the Ban as my introduction and enlisted her help in the fight for these RYO shops, I neither asked for nor was I granted anonymity.  To the shock of some fellow keyboard warriors, Vicki dared utter the name “Marshall Keith” on the air.  Some of them emailed me telling me that Vicki had “outed” me and that now “they know who you are”.   I of course found this quite humorous for “they” have known for quite some time.  After a week of reflection I no longer see humor in it, as a matter of fact I am PISSED!.  Not at the keyboard warriors, but at the culture of fear behind it. Just thus week at the Greenbelt Patch James Repace a so called unbiased scientist who took part tn the 1992 EPA report and the two subsequent Surgeon generals reports used prioritizes like tobacco trolls, nicotine addicts, Fronting for Big Tobacco, Forces Goons, etc etc etc. He referred to fellow scientists who disagreed with him “the usual suspects”.  Yet he could not answer simple questions like why they had to cheat and use meta-analysis.  To those of us in the fight these tactics are nothing new, they are actually part of the tobacco control training as stated by former Tobacco Control trainer Dr Michael Siegel.

The true colors of the modern-day anti-smoking movement showed brightly last week, as a prominent smoke-free air advocate (me) was thrown off a smoke-free advocacy list-serve for daring to criticize an inflammatory and unfounded personal attack, bordering on defamation, of an individual (private citizen) who is a smoking ban opponent which was posted on the list-serve.

And of course the do frequent polls to see how effective their demonization campaign is working.
These tactics are not just limited to those fighting the smoking ban, indeed we see exactly the same tactics used against the Tea party, those fighting for second amendment rights and conservatives in general. Just last week at a local watering hole, one in the group went on a rant about how everything was Bush’s fault and on how people were not giving Obama a chance?  I began to talk about free market principles to which he jumped up and screamed “You sound like a fucking Republican”!  I smiled and responded “Worse, a Libertarian”.  I got that deer in the headlight look.  He lapped up the left’s Kool-aid and freely offered it to others, but didn’t have a clue. His response did not surprise me, it was the lack of response by others who I knew for a fact didn’t agree with him. With his outburst he forced them into silence.  This is their goal!  Do they think racial taunts like “Uncle Tom” are going to silence a strong black man like Herman Cain?  Hell no, it is to silence any weaker blacks who may be considering straying from the collective fold.  And of course when the facts don’t fit the propaganda, “Fake IT”.

And if you listen to Vicki’s show there very well may be a little of that hanky panky going on using the war on drugs as a tool to enact even more gun control.

Why would they do this?  Because perception is everything.

Propaganda is not a matter for average minds, but rather a matter for practitioners.  It is not supposed to be lovely or theoretically correct. . . . We do not want to be a movement of a few straw brains, but rather a movement that can conquer the broad masses. Propaganda should be popular, not intellectually pleasing.  It is not the task of propaganda to discover intellectual truths. Dr. Paul Joseph Goebbels

And again they take polls to see if their campaign is working.  Again, not to silence people like me, Vicki or Herman Cain. Their goal is to silence You,  my fellow keyboard warriors. Those who are afraid to speak their mind in the light of day.

The only thing necessary for the triumph of evil is for good men to do nothing.

And this goes hand in hand with Benjamen Franklin’s quote.

They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.

We see daily the constitution and our very liberty being whittled away, all in the name of safety, and not all of it by lawmakers.   It is also dying the death of a thousand papercuts from the rulemakers at the regulatory agencies.

More on incrementalism and the coat tax.

The last of these ad-hominem attacks took place on facebook. Vicki was celebrating the fact that she has not had a cigarette in a year. Instead of celebrating with her she was attacked because she used a non Tobacco Control (Big Pharma) approved method, the e-cigarette. Sharon Daniel How’s it feel to be a pusher?” Again this is a tactic by tobacco control to push thir drug partners potentially fatal drugs and has no basis in fact.

So if you hide behind your keyboard through the safety of anonymity or hang your head in silence while they burn the Constitution, remember this warning from the past.

First they came for the communists,
and I didn’t speak out because I wasn’t a communist.

Then they came for the trade unionists,
and I didn’t speak out because I wasn’t a trade unionist.

Then they came for the Jews,
and I didn’t speak out because I wasn’t a Jew.

Then they came for me
and there was no one left to speak out for me.

Vicki McKenna Nails It


I have been a fan of Vicki’s for some time. As a Libertarian I don’t always agree with her, but I would say that we agree more then 90% of the time. Today she took to task the Republicans not living up to the principles of limited government, free enterprise and liberty when it comes to the treatment of the RYO shops. the relevant part of the show is here.

I post it here because on the stations site they only show one day and it will disappear tomorrow.  For anyone living in the Milwaukee area you can catch Vicki on WISN AM 1130 For those living in Madison she can be heard on WIBA AM1310 Both stations show podcasts but unfortunately the one in Madison appears to be broken.

These small businesses have or will go under because of the punitive action taken by the State unless we act. Contact your legislators and demand action, if you do not know who they are you can find out here.

Contact them immediately before it is too late.

Anti-Smoking Gestapo Shut Down RYO


This morning I stopped at my favorite Tobacconist “Still Smoking” which opened up a meer tow months ago only to find that they were shut down by the Walker administration.  This is the same TEA party favorite who ran on free enterprise, limited government and even promised to repeal the government mandated discrimination against smokers.  In this move he has clearly shown that he is a true progressive in every sense.  If you partake in an activity that is not government approved you will be punished with punitive taxes.  If you operate a business that does not conform to the above premise you will be shut down.

Private property is exactly that.  Private, it does not matter that the owner invites the public in, it is still private.  James Madison is rolling in his grave.

John Adams

“The moment the idea is admitted into society that property is not as sacred as the laws of God … anarchy and tyranny commence. PROPERTY MUST BE SECURED OR LIBERTY CANNOT EXIST”


James Madison “Government is instituted to protect property of every sort …. This being the end of government, that is NOT a just government,… nor is property secure under it, where the property which a man has … is violated by arbitrary seizures of one class of citizens for the service of the rest.”

Mr Walker has clearly shown that he does not care about business, personal liberty or the Constitution. This upstate business spent $45,000.00 for one rolling machine which is now reduced to a worthless paperweight. He also clearly believes that it is the government’s role to dictate lifestyles and human behavior. Is this the sign of a free society? Is this the limited government, free enterprise platform that he ran on??? Don’ worry fatties, you are next on the hit parade

A new study from the Urban Institute says that using anti-tobacco tactics to help fight obesity could raise $500 billion by 2019. As with tobacco, enforcing a 10% excise tax on fattening foods, revamping nutrition labels on packages, and limiting advertising and marketing of junk foods could all lower people’s consumption of unhealthy foods and prevent obesity. But will legislators listen?

This Nanny Statism even has the left-wing organization the ACLU nervous.

What human activity may be deemed inappropriate by the ruling class that may be next on their hit parade.

P.S. Of course there was a big push for all of this By Smoke Free Wisconsin using questionable polls, but then one only needs to look at their ties to Big Pharma to understand why.

PPS.  I guess Vicki Mckenna spent an hour on this topic yesterday unfortunately it is not on the Podcast but she has some relevant material.

On pseudo-science groups

Smoking ban rights Libertarian vs Collectivist

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In my fight for the freedom of choice, I am frequently on Martin Pion’s blog.  He is the President of MoGasp, I have spoken to Mr Pion and he is genuine in his beliefs and is willing to defend them, I do not want anyone to go on his site and attack his integrity,, this is to show the difference in our philosophies and is in response to the following statement.

mogasp comment: You state that “Health and welfare is an option.” I believe it’s a right and something we should expect. That is a fundamental difference.

While you are correct in your assessment of our fundamental differences you miss a key point, you think in terms of the European models where they think in terms of collective rights in the name of the greater good.  Much evil has been done with this philosophy, Nazi Germany, the USSR and Communist China immediately come to mind. This was all done in the name of the “Greater Good” In the United States we embraced a different model where individual rights and property rights trump the “Greater Good” Why? Because if it is indeed in the name of the greater good the majority would embrace the change through the sheer power of their numbers voting the almighty dollar as their voting tool.  A business is free to ignore the majority but if they lose a sufficient amount of business they will be forced to change their business model or suffer, That is why we have a constitutional Republic rather than a Democracy.

John Adams defined a constitutional republic as “a government of laws, and not of men.” Constitutional republics are a deliberate attempt to diminish the perceived threat of majoritarianism, thereby protecting dissenting individuals and minority groups from the “tyranny of the majority” by placing checks on the power of the majority of the population.

This concept is clearly defined in the following video.

This concept is reflected in the current Ohio Supreme court case under the Tyranny of the majority.

ii. Majority tyranny must be restrained.
Moreover, the procurement of benefits for some at the expense of others, through a simple majority
vote, warrants special scrutiny. This state’s authority to regulate property “was never meant to be a vehicle to
enforce the personal taste of one on another.”28 To that end, it “is not to be inferred
* * * whenever a momentary inclination happens to lay hold of a majority of [the people], incompatible with the provisions of the existing Constitution, [the people or the Court] would on that account, be justified in a violation of those provisions.”29 Put more strongly: [W]ritten Constitutions have heretofore been framed chiefly to protect the weak from the strong, and to secure to all the people “equal protection and benefit.” They have been constructed upon the theory that majorities can and will take care of themselves; but that the safety and happiness of individuals and minorities need to be secured by guaranties and limitations in the social compact, called a”constitution.”3o Thus, special care must be taken to ensure that the momentary passions of voters in November of 2006 are compatible with Zeno’s longstanding and sacrosanct property rights.

Another concept that appears to be unique to our Constitution and laws is the concept of assumption of risk You and the European models play the victim mentality. Under the United states model the greater power is given to the individual, but along with that power comes the responsibility of ones choices. This concept volenti non fit injuri (To the consenting, no injury is done.)

If I walk up to you at a gym knowing that boxing is taking place, no assault charges can be placed because you willfully put yourself in that risky situation.  This too,  goes back to the power of the majority.  If sufficient numbers avoid that gym, it will either change its business model or suffer the consequences.  This too is reflected in the Ohio case.

This Court, in assessing the reasonableness of this regulation, should apply a legal principle frequently applied in negligence actions: “a premises owner owes no duty to persons entering the premises regarding dangers that are open and obvious.”62 This Court has explained that “the open and obvious nature
of the hazard itself is the warning, and an owner or occupier may reasonably expect persons entering the
premises will discover the dangers and take appropriate measures to protect themselves.”63

So yes we have fundamental differences. Yours, the collectivist European model and mine the libertarian model of our founding fathers that is reflected in our constitution.

It is the fundamental difference between the power belonging to the individual or the power belonging to the state!

The Libertarian aka The John Galt Tavern

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A business plan.

Having reread “Atlas Shrugged” it gave me some ideas for a business and am looking for other Libertarians to join me in this business. Since Wisconsin, Madison in particular is known for Progressivism/socialism and since it is the birthplace of John Galt’s motor it is appropriate that this movement start here.

The Libertarian

In the spirit of John Galt no Monopoly money printed by the Federal Reserve will be accepted. All purchases must be made in gold and silver which can be purchased at the attached Smoke Shop based on the current meltdown value of the coins. So a drink would cost $0.!! in silver. The business will be clearly marked at the entrance “Private Property,Smoking Allowed!” below will be a sign “Law enforcement must have search warrant”

In the spirit of John Galt no fines will be paid. I will sit in Jail (at a cost to the looters) While I fight the Constitutionality of “taking of private property for public use” If I lose I will sue the collectivist for “Equal Protection” as guaranteed by the 14th amendment. That everything that is of equal or greater risk as that of second hand smoke be banned from “public accommodation” which would include all public cooking.

Midas Mulligan Bank/Smoke Shop

In the spirit of Midas Mulligan the Monopoly money printed by the Federal Reserve will be exchanged for real money of gold and silver for a 10% processing fee.

The Smoke Shop will have two rolling machines The tubes will have the gold Midas $ sign on them. You can roll your own cigarettes at a cost of $1.00 in silver per 200.

Anyone want to be my partner?


Bars Ban Politicians


Our neighbors to the east have the right idea.

Some days, politicians could use a drink. But lawmakers in Michigan may soon find it harder to get one.

Hundreds of bar owners in the Great Lakes State plan to deprive lawmakers of their hospitality by banning them from their establishments in protest of the state’s smoking ban.

A new group, Protect Private Property Rights in Michigan, claims it has more than 500 bar owners statewide pledging to blacklist almost every lawmaker. The idea is to persuade the Legislature to at least revisit the ban, which went into effect last year.

“We’re going to have to remind Lansing that our bars are in fact private property, so therefore they are now persona non grata as of Sept. 1,” said Stephen Mace, director of the group and a bar worker himself.

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