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@RobertBarnes Re: talk of color revolution in Israel
The main article on the subject was Lee Smith's article "Biden Sets Israel on Fire"

"A similar operation is now underway in Israel, where the Biden administration has departed from diplomatic protocol by repeatedly advertising its meetings with the political faction seeking to undo Israel’s newly elected right-wing government. More significantly, Biden’s State Department is now directly funding local activists organizing the protests. By publicly putting its prestige and money behind the coalition that lost the latest Israeli election, Washington is openly advertising its desire to bring down Netanyahu...In Israel the judiciary fills the role of the national security establishment in the United States. As American elites revere domestic U.S. intelligence services for waging an unlawful and ongoing campaign to ruin Trump and his supporters in order to, in their words, “save our democracy,” the anti-Bibi rebels esteem the judiciary as the thumb tilting the scales of justice against those they detest.

For more than two decades, Israeli judges have imposed “ongoing investigations” on right-wing leaders to cripple their agendas. They developed the method with Ariel Sharon, then used it on Ehud Olmert (now, apparently converted by his experiences in prison, a hardline leftist) and repeatedly against Netanyahu. In 2019, he was indicted under charges so vague and elastic—including the assertion that a politician seeking better coverage from a media organization is a crime—that it is clear the judiciary molded them only for the purpose of asserting its authority over Israel’s longest serving prime minister.

Israel’s judiciary cornered Bibi the same way U.S. intelligence services framed Trump: Any attempt at self-defense against an element of the deep state is refashioned by the establishment media as evidence of guilt. Unable to get Bibi out of power at the ballot box, his enemies used the courts, until Bibi outmaneuvered them. With his November reelection, he won a mandate to reform the judiciary. And that’s why the opposition has gone to the streets in much the same way U.S. progressives rioted alongside Democrat-supported street gangs in the spring and summer of 2020. The point is to make the majority beg for an end to the chaos, a plea the motivated minority is glad to accommodate but only on its terms: Help us get rid of the man you elected.

The anti-Bibi coup looks and feels like the anti-Trump operation because it’s run by the same people—the Obama operatives who hunted Trump and now run the Biden White House. It was Obama’s spy chiefs who fabricated Russiagate, the politically funded smear campaign designed to destabilize the Trump presidency. And it’s Obama’s State Department that created the machinery to take down Netanyahu nearly a decade ago by funding anti-Bibi election campaigns with U.S. taxpayer dollars.

Obama’s button men have made the “Get Bibi” machinery a permanent part of the Israeli political landscape: It’s how they dress their never-ending Iran deal campaigns in the garb of domestic Israeli politics. After Obama’s second term ended, his ambassador to Israel, Dan Shapiro, stayed in country to service the anti-Bibi infrastructure while warning Israelis that no matter how good Trump was for Israel—crashing the nuclear deal, moving the embassy to Jerusalem, etc.—they better not get too close to the Republican president, for there would be a price to pay once the Democrats returned to power. And now they have."

https://www.tabletmag.com/sections/israel-middle-east/articles/biden-sets-israel-on-fire

Nevertheless there are other articles on the subject. One of the main NGOs connected to the State Department in Israel is very anti-Bibi and very much behind the current protests against judicial reform. This NGO is the Movement for Quality Government in Israel. Enclosed are a few articles on the subject documenting its general anti-Netanyahu stance:

""The chair of the Movement for Quality Government in Israel, Eliad Shraga, addresses the crowd during the major anti-government protest in Tel Aviv.
“Always remember that we prefer the cold and the rain of liberal democracy than the heat and hell of a fascist dictatorship,” he says. Shraga calls on President Isaac Herzog to declare Benjamin Netanyahu as unfit to serve as prime minister."

https://www.timesofisrael.com/liveblog_entry/chair-of-movement-for-a-quality-government-in-israel-says-netanyahus-government-seeking-to-change-dna-of-israel/

"The Movement for Quality Government in Israel appealed to the High Court of Justice on Thursday to declare that Prime Minister Benjamin Netanyahu is incapacitated due to his conflicts of interest surrounding the government’s proposed judicial reforms...“Netanyahu has proven that he is unable to separate his legal affairs from the administration of the state, and is trying to collapse the democratic structure of the State of Israel even at the cost of the destruction of the Third Temple [Third Temple is a metaphor in this sentence for the State of Israel],” movement CEO lawyer Dr. Eliad Shraga said in a statement."

https://www.jpost.com/israel-news/politics-and-diplomacy/article-731144

MQG also took down a pro-Bibi minister in the government for similar reasons (they didn't like him) and history of anti-Bibi activity

"MQG began its current campaign of delegitimization, subversion and demonization immediately after the Netanyahu government was sworn into office on Dec. 29. The next day, MQG petitioned the Supreme Court to prevent Shas leader Aryeh Deri from serving as a minister in the government. There was no legal basis for the petition. But that didn’t bother the lawyers at MQG...The anti-democratic, hyperpolitical character of MQG came out strongly during the Lapid-Bennett government’s year and a half in office. Whereas MQG head Eliad Shraga and his comrades ran to the court against every initiative of the previous Netanyahu government, during the Lapid-Bennett government’s time in power, they went on an extended vacation...In 2017, MQG led another anti-Netanyahu campaign. Many of its supporters quit in disgust after Shraga gave a speech at another well-funded rally where he called Netanyahu and his supporters “traitors” and used racist language to attack Sephardic Likud lawmakers"
https://www.jns.org/opinion/how-biden-subverts-israeli-democracy/

MQG Funding and Material Used In Funding
"A look at MQG’s funding reports on the Government Registrar of Non-Profits website doesn’t reveal much. MQG’s private and institutional donors are unnamed. But under the law, all registered nonprofits are required to report funding they receive from foreign governments. So MQG’s only named donor on its annual reports is the U.S. State Department.
According to MQG’s annual reports, for the past three years the State Department has been funding its programs for “democracy education” in Israeli high schools. Since MQG’s primary activity is subverting democracy in Israel by waging lawfare and sowing chaos in a bid to block democratically elected right-wing governments from fulfilling their pledges to voters, it’s fairly clear that when MQG refers to “democracy education,” it doesn’t mean majority rule. While claiming to oppose religious coercion, the actual goal of the “democracy curricula” is twofold. First, it seeks to bar Jewish Israeli schoolchildren in nonreligious public schools from learning about the Bible, Jewish history, religious traditions and holidays. Second, it strives to replace Judaism with post-Zionist curricula. To the extent Judaism is taught, it is taught from a critical perspective."
https://www.jns.org/opinion/how-biden-subverts-israeli-democracy/

The Free Beacon recently caught on the US taxpayer funding being used to fuel protests too.

https://freebeacon.com/biden-administration/how-taxpayer-funds-are-flowing-to-a-group-bankrolling-anti-netanyahu-protests/

Finally, there was a recent article published today on how the US Ambassador to Israel is involved in the protest movement.

"In the first weeks of February, U.S. Ambassador to Israel Thomas Nides was urging the government of Prime Minister Benjamin Netanyahu, both publicly and privately, to slow down its plan to reform the judiciary. On Feb. 19, Diaspora Affairs Minister Amichai Chikli responded to Nides in a radio interview. “Mind your own business,” Chikli said. “You’re not the sovereign here. … We’d be happy to debate with you international or security affairs, but respect our democracy.”

Nine days later, Nides fired back. “Some Israeli official—I don’t know who he is, I don’t think I’ve met him—suggested that I should stay out of Israel’s business,” Nides said during an interview at a conference hosted by a think tank in Tel Aviv. “I really think that most Israelis do not want America to stay out of their business.”

Chikli may be a minister in Israel’s government, Nides implied, but so what? When the U.S. ambassador needs the opinion of the Israeli people, he turns to his friends among the Israeli elite, who are openly gleeful to see the United States support them against their domestic political foes. Nides’ intervention in domestic Israeli politics has become so open and self-assured that it is impossible to dismiss his behavior as the freelancing of an undisciplined envoy. His repeated public comments reflect the will of the president. In doing so, they also reveal, at best, a faulty reading of the American interest by Joe Biden.

Relations between the United States and Israel are now being shaped by the intersection of two very distinct crises. The first is the crisis in President Biden’s Iran policy. By any sane measure, the gambit to resurrect the Iran nuclear deal has failed. Two years of diplomatic outreach to Iran have given it breathing room to enrich uranium to 60%, if not higher (“weapons-grade” uranium is enriched up to 90%). Tehran is now estimated to be 12 days from producing a nuclear device. Meanwhile, it is openly pursuing plots to kill former American officials while murdering protesters on its own streets and working closely with Russia on the production of more advanced killer drones.

In reaction to the rising threat from Iran, Israeli Prime Minister Netanyahu is calling on Washington to develop a plan B, one based on compelling Iran to dismantle its nuclear weapons program by presenting Tehran with a credible military threat. The Biden team, however, refuses. Despite the fact that Tehran treats every American overture with undisguised contempt, the Biden team insists that a “diplomatic solution” remains the preferred way to solve the dispute over Iran’s nuclear program—that phrase being a euphemism for continuing to avoid any serious effort to pressure Iran economically or militarily. Netanyahu, meanwhile, is developing capabilities that will allow Israel, if necessary, to remove the threat on its own, while, at the same time, ordering sabotage operations inside Iran. He and Biden, therefore, are set on a collision course.

The second crisis is over Israel’s judicial reform, which for nine weeks now has routinely flooded the streets with hundreds of thousands of protesters. The reform’s opponents depict it as nothing less than the end of democracy, and many of them welcome intervention by the Biden administration. Former Prime Minister Ehud Olmert, for example, recently urged J Street, a progressive organization that lobbies for the Iran nuclear deal, to encourage “every member of Congress …, every member in the administration” to bring their influence to bear against the reform.

But the Biden administration needs no such prompting. Even before Olmert issued this call, Ambassador Nides was endorsing the anti-reform agenda. In remarks broadcast on Feb. 18, he urged Netanyahu to “pump the brakes” on the reforms, which he depicted as an impediment to U.S.-Israeli cooperation against Iran. “The prime minister … tells us he wants to do big things,” Nides observed, referring to Netanyahu’s twin goals of normalizing relations with Saudi Arabia and thwarting Iran. “I said to … the prime minister, a hundred times, we can’t spend time with things we want to work on together if your backyard is on fire.”... In historical terms, what we are witnessing is nothing less than the second stage of the Mahapach, the election in 1977 that brought Menachem Begin’s Likud Party to power. Begin’s election broke the monopoly that the Labor Party had exercised over the Knesset since the founding of the state. Yet while the traditional elite—Ashkenazi, secular, and associated with the Labor Zionist movement—lost control of the government in 1977, its offspring have continued to exercise influence over national affairs through the state bureaucracies, the universities, the press, and, importantly, the judiciary. (It is perhaps no accident that the usurpation of power by the judiciary took place in the 1980s, on the heels of the Mahapach.)Mapped onto American politics, Netanyahu’s socio-political bloc would unite the “deplorables” of Donald Trump with the “people of color” on the progressive left. Imagine if Bernie Sanders and Donald Trump joined forces to advance legislation in Congress that would reduce the power complex that unites the government bureaucracies, the universities, and the press. Israel’s judicial reform will inevitably reduce the influence of the reigning elite, forcing it to become more responsive to a socio-political bloc that is both right-wing and religion-friendly. This bloc terrifies my friends in Tel Aviv, but it is not the “anti-democratic” or “authoritarian” behemoth that its opponents depict. It is exerting influence through electoral means and proposing reforms that fall within the bounds of established practice in parliamentary democracies...."
https://www.tabletmag.com/sections/israel-middle-east/articles/tom-nides-israels-arsonist-in-chief

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Curling scandal

Here it is. Enjoy!

00:10:29
CNBC runs cover for Sultan

Seems he was a pretty regular guest on CNBC.

They are running hard cover for him after Epstein connection revealed.

00:08:03
February 13, 2026
How to fix the FBI

And how to de-weaponize the Feds. With Kyle if you missed the show.

00:16:21
February 17, 2024
Appearance on Richard Syrette

I did a quick hit on Richard Syrette yesterday. Gotta keep Canadians apprised of the U.S. madness.

Appearance on Richard Syrette
The Barnes Brief, Podcast Format: Monday, July 17, 2023

Closing Argument: Birthright citizenship is deeply American, and wholly Constitutional.

The Barnes Brief, Podcast Format: Monday, July 17, 2023
Declaration of Independence

Audio podcast style.

Declaration of Independence

This would be my populist Battle Cry for the Save Act and voter ID requirement.

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Say it loud. Fuck multiculturalism. The cultures that are coming to the western world are, for the most part, simply shedding their losers who then accumulate in ghettoes where they take over local government and feed off productive members of society as useless parasites.

https://substack.com/@charleschevalier/note/c-210694702?r=191r0v

FAH-KING AAAAAAAAA!!!!!!!!!

Who thinks it has a prayer of passing?

https://x.com/NicHulscher/status/2022791128689295745?s=20

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The Barnes Brief, Valentine's Weekend, 2026

I. INTRODUCTION

A.  Art of the Week

  • All I want for Valentine's is Lady Justice. Archangel Michael delivering justice, as we need for those in the Epstein Class. 

B.  Recommendation of the Week

C.  Wisdom of the Week

  • “I weep for the liberty of my country when I see at this early day of its successful experiment that corruption has been imputed to many members of the House of Representatives, and the rights of the people have been bartered for promises of office.” Andrew Jackson. 

D.  Appearances

II. THE EVIDENCE

A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Ten of the Top Curated Weekly Articles

  1. The Epstein elite. https://www.zerohedge.com/political/unsettling-truths-epstein-files-reveal-about-power-and-privilege
  2. Corruption of the academy. https://www.theatlantic.com/magazine/2026/03/mellon-foundation-humanities-research-funding/685733/
  3. Israel 1st wants to end Free Speech. https://www.realclearpolitics.com/articles/2026/02/13/is_free_speech_really_the_highest_value_153834.html
  4. Nobody likes Newsom. https://www.liberalpatriot.com/p/gavin-newsom-youre-no-bill-clinton
  5. Hawley-Warren bill seeks to end monopoly in medicine. https://www.thebignewsletter.com/p/senators-seek-to-smash-big-medicine
  6. Polymarket grocery stores. https://unherd.com/newsroom/inside-polymarkets-free-public-grocery-store/
  7. Security State. https://greenwald.substack.com/p/amazons-ring-and-googles-nest-unwittingly
  8. Housing market woes. https://substack.com/home/post/p-187448844
  9. Leverage risks. https://quoththeraven.substack.com/p/countdown-to-detonation-americas
  10. Epstein network. https://epstein-doc-explorer-1.onrender.com

B. Homework: Cases of the Week for Sunday

  1. Texas AG joins Dr. Bowden. https://www.texasattorneygeneral.gov/sites/default/files/images/press/Bowden%20Intervention%20(Filed)_0.pdf
  2. Alex Jones sues. https://www.scribd.com/document/997131709/Alex-Jones-Amended-Counterclaim-for-Filing-In-The-United-States-Bankruptcy-Court-For-The-Southern-District-Of-Texas
  3. Gail Slater removed. https://www.thebignewsletter.com/p/trump-antitrust-chief-ousted-by-ticketmaster
  4. I will sue Mike Davis. https://x.com/barnes_law/status/2022467828255768629?s=20
  5. Wisconsin election integrity takes a loss. https://www.courthousenews.com/wp-content/uploads/2026/02/wisconsin-ballot-spoiling-ban-reversed.pdf
  6. Texas election integrity gets a win. https://www.ca5.uscourts.gov/opinions/pub/24/24-50783-CV0.pdf
  7. Two big 2A cases in 3rd. https://courthousenews.com/two-third-circuit-hearings-could-reshape-nations-second-amendment-rights/
  8. Another TPS order blocked. https://www.courthousenews.com/wp-content/uploads/2026/02/african-communities-v-noem-mass-ruling.pdf
  9. Epstein BOA suit goes forward. https://www.courthousenews.com/wp-content/uploads/2026/02/doe-v-bank-of-america-new-york-ruling.pdf
  10. Dollar Tree death. https://www.courthousenews.com/wp-content/uploads/2026/01/max-antonio-garay-v-dollar-tree.pdf
  11. Boasberg latest insanity. https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2025cv0766-247
  12. Trump immigration win. https://www.phelps.com/a/web/r5pKxiJkFZ7QKozjTbS8V2/ca5detention.pdf

*Bonus: Livenation Ticketmaster Antitrust https://www.hollywoodreporter.com/music/music-industry-news/live-nation-doj-lawsuit-after-gail-slater-resignation-1236504011/

**Bonus: NCAAF eligibility suit. https://www.knoxnews.com/picture-gallery/sports/college/university-of-tennessee/football/2026/02/13/joey-aguilar-eligibility-hearing-tennessee-vs-ncaa/88659399007/

***Bonus: AI plagiarism win. https://www.newsday.com/long-island/education/adelphi-university-ai-plagiarism-lawsuit-oh07enyz

C. Best of the Board: Ten of the Top Posts

  1. Too much truth. https://vivabarneslaw.locals.com/post/7688284/best-explanation-of-our-two-party-system-benowen
  2. Life on the line. https://vivabarneslaw.locals.com/post/7687846/god-bless-and-protect-thomas-massie
  3. Prayer & a cute dog. https://vivabarneslaw.locals.com/post/7688117/daily-prayer-2-0-heavenly-father-give-us-comfort-and-wisdom-allow-us-to-trust-your-judgement-and-y
  4. Surf. https://vivabarneslaw.locals.com/post/7688060/pipeline-hawaii
  5. Real diversity. https://vivabarneslaw.locals.com/post/7688513/title
  6. Hush Hush ideas. https://vivabarneslaw.locals.com/post/7688104/robertbarnes-just-saw-a-news-article-talking-about-the-great-chicago-fire-being-started-by-communis
  7. Wisdom. https://vivabarneslaw.locals.com/post/7687331/title
  8. Bill Brown Proverbs. https://vivabarneslaw.locals.com/post/7686413/title
  9. Truth. https://vivabarneslaw.locals.com/post/7684892/title
  10. My answer is Yes. https://vivabarneslaw.locals.com/post/7687202/does-god-answer-your-prayers-i-ask-because-i-pray-everyday-whether-typed-down-here-or-mentally-reci

III. CLOSING ARGUMENT: Constitution Masterclass Series — Article I, Elections

  • Article I, section 4 empowered the legislative branch of the federal government — the Congress — “may at any time by Law make or alter such Regulations” otherwise set by the legislatures of the state governing the “elections for Senators and Representatives” except to the Places of chusing Senators, later modified by the Seventeenth Amendment. Each House can further be the “Judge of the Elections, Returns and Qualifications of its own Members” including the power to expel “with the Concurrence of two thirds.” The Constitution affords no express power to Congress to elect the President or elect those to state or local office. And remember, Article I powers are constricted to those “herein granted” explicitly within the Constitution. 
  • Representatives must be “apportioned” amongst the States “according to their respective Numbers”, a determination made by “adding to the whole Number of free Persons” certain individuals no longer referenced after the Fourteenth Amendment. The “actual enumeration” of this apportionment “shall be made…within every subsequent Term of ten Years, in such Manner as they shall by Law direct.” The original intention was that there were at least one representative for “every thirty Thousand”.
  • The Fourteenth Amendment modified these provisions by stating representatives be apportioned “to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed.” Of note, the provision also stripped representation of any state which limited Presidential electors beyond the limits of gender, age, citizenship, crime, or rebellion. 
  • The Fifteenth Amendment modified these provisions further by providing a “right of citizens of the United States to vote” and that such a right could not be denied on basis of race. 
  • The Seventeenth Amendment modified these provisions further by providing that the “people thereof” elect the Senators instead of the legislative branches of those state governments. 
  • The Nineteenth Amendment modified the provisions even further by expanding the Fifteenth Amendment’s right of citizens to vote to women. 
  • The TwentyFourth Amendment modified these provisions even further by holding the right of the citizens to vote in federal elections could not be limited based on taxes, including poll taxes. 
  • The Twenty-Sixth Amendment expanded these voting rights to include those 18 years of age or older that are citizens. 
  • Each of these Amendments repeated: “the right citizens of the United States to vote” as the entire premise of these Amendments to the Constitution for governing elections. Yet, somehow, the courts held in 2020 no such right existed to even afford standing to request judicial relief from stolen elections for the highest office in the land, and even when brought between states for the only nationally elected office? 
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The Barnes Brief: Weekend of January 30, 2025

I.   INTRODUCTION

A.   Art of the Week

·      One of the first superb memes for the Brief, recollecting a device many youngsters might not even recognize: the old typewriter, with its diligent use of the keys that moved like a an old cash register before recording its mark onto the page, and the ever needful Whiteout to fix the inevitable error, stacking the pages neatly somewhere nearby because once lost, never recovered. A time when writing required a different kind of dedication.

B.   Wisdom of the Week

·      “Civility is not a sign of weakness, but of strength.” President John Kennedy.

C.   Recommendation of the Week

·      Current book club reading over at People’s Pundit on the important virtue of a return to civil society. https://www.goodreads.com/book/show/17974854-our-virtuous-republic

D.  Appearances of the Week

·      Chatting w/ Stanislav.

II.   The Evidence

 

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The Barnes Brief: Friday, January 23, 2025

I. INTRODUCTION

A.  Art of the Week

A dream work space, atop a lighthouse, with wrap-around windows above the ocean’s roar and the tumult of the waves cresting and crashing against the rocks below, a wrap-around desk to match the window shape, a good hard wooden chair for support, and the necessary small heater with stove to keep it warm and refreshed. I love architectural spaces that marry the inner world to the outside, the natural external environment to the man-made inside. Makes me want to read, work, think, and dream. 

B.  Recommendation of the Week

The peculiar history of the Sixteenth Amendment. https://www.goodreads.com/book/show/22474138-the-law-that-never-was-vol-1-the-fraud-of-the-16th-amendment-and-pers

C.  Wisdom of the Week

“When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it.” Frederic Bastiat. 

D.  Appearances

II. THE EVIDENCE 

A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Five of the Top Curated Weekly Articles 

  1. Dems warn: losing cultural issues. https://www.liberalpatriot.com/p/democrats-and-the-siren-call-of-culture
  2. Replicating DOGE. https://www.city-journal.org/article/elon-musk-doge-states-waste-fraud?skip=1
  3. Cuba next for regime change. https://www.msn.com/en-us/news/world/is-cuba-next/ar-AA1UEeUA
  4. Trump 2024 coalition lost. https://www.nytimes.com/interactive/2026/01/22/polls/times-siena-national-poll-crosstabs.html
  5. Out of WHO! https://thehill.com/policy/international/5702306-us-officially-withdraws-from-who/

B. Homework: Dozen of the Top Cases of the Week for Sunday

  1. ICE Home Raids w/o a Warrant. https://www.lawfaremedia.org/article/can-ice-enter-a-home-to-make-an-arrest-with-only-an-administrative-warrant
  2. Don Lemon charges. https://www.politico.com/news/2026/01/22/don-lemon-prosecution-justice-department-00741629
  3. SCOTUS: state rules in Med Mal cases. https://www.supremecourt.gov/opinions/25pdf/24-440_1b82.pdf
  4. SCOTUS: Restitution is punishment. https://www.supremecourt.gov/opinions/25pdf/24-482_d1oe.pdf
  5. SCOTUS: Time deadlines for void cases. https://www.supremecourt.gov/opinions/25pdf/24-808_lkgn.pdf
  6. SCOTUS: Trump & the Fed. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/25a312_c0nd.pdf
  7. SCOTUS: 2ndA. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-1046_hejm.pdf
  8. 2A & property. https://courthousenews.com/appeals-court-weighs-challenge-to-texas-gun-signage-laws/
  9. Trump vs JP Morgan. https://www.courthousenews.com/wp-content/uploads/2026/01/trump-v-jp-morgan-miami-eleventh-judicial-circuit.pdf
  10. Games of chance. https://www.courthousenews.com/wp-content/uploads/2026/01/minnesota-tribe-loses-challenge-to-electronic-table-games.pdf
  11. Target cancer. https://www.courthousenews.com/wp-content/uploads/2026/01/dangerous-acne-treatment.pdf
  12. Bayer immunity. https://www.scotusblog.com/cases/case-files/monsanto-company-v-durnell/

*Bonus: Section 241 & 1A. https://www.scotusblog.com/cases/case-files/monsanto-company-v-durnell/

**Bonus: Section 241 in the 8th Circuit. https://law.justia.com/cases/federal/appellate-courts/F3/6/1297/576550/

***Bonus: Warrants. https://supreme.justia.com/cases/federal/us/403/443/

C. Best of the Board: Ten of the Top Posts

  1. Stay chill. https://vivabarneslaw.locals.com/post/7627349/title
  2. JD welcome. https://vivabarneslaw.locals.com/post/7627643/i-sure-hope-and-pray-that-jd-gets-a-chance-to-lead-our-country-after-this-trump-administration-he
  3. Peace Board thoughts. https://vivabarneslaw.locals.com/post/7627852/a-very-interesting-take-on-trumps-peace-board-is-trump-creating-a-new-organization-undermining-the
  4. Immigration data review. https://vivabarneslaw.locals.com/post/7627593/food-for-thought-are-the-claims-that-around-2-million-illegal-aliens-have-already-self-deported-too
  5. Fun satire. https://vivabarneslaw.locals.com/post/7627870/title
  6. Scott Adams memorial. https://vivabarneslaw.locals.com/post/7627060/livestream-in-honor-of-scott-adams-next-sunday-jan-25-i-hope-it-s-the-biggest-livestream-ever
  7. Brilliant photos. https://vivabarneslaw.locals.com/post/7626511/some-northern-lights
  8. CIA Insanity. https://vivabarneslaw.locals.com/post/7626494/robertbarnes-robert-barnes-has-repeatedly-referred-to-this-egregious-seymour-hersh-article-in-re
  9. Don Lemon Church videos. https://vivabarneslaw.locals.com/post/7627194/here-is-dons-full-live-stream-im-not-good-at-clipping-things-out-or-screen-recording-so-those-of
  10. Fun memes. https://vivabarneslaw.locals.com/post/7627227/title

*Bonus: Biblical wisdom. https://vivabarneslaw.locals.com/post/7626746/today-s-thought-11and-behold-there-was-a-woman-which-had-a-spirit-of-infirmity-eighteen-years

III.  Closing Argument: Constitution Masterclass Series — Article I, Power to Tax

  • As part of the enumerated legislative powers granted Congress by the Constitution, none is more potent, and potentially destructive, of liberty and property than the power to “raise revenue.” Under section 8 of Article I, this affords the “power to lay and collect taxes, duties, imposes and excises” to “pay the debts” or “provide for the common Defense” or provide for “the general Welfare of the United States.” Of note, the Constitution separately affords the legislative branch methods of revenue raising independent of taxes and tariffs — the power “to borrow money on the credit of the United States” and the power “to coin money” as well as “regulate the value thereof.” 
  • The limits on this power to tax derive from several other sections of Article I. Under Section 7 of Article I, all bills for raising revenue must originate in the House, not the Senate. The next limit is substantive rather than procedural: “all duties, imposts and excises” have to be “uniform throughout the United States.” The foremost, fundamental limit requires any “direct taxes” must be “apportioned among the several States which may be included within this Union.” Indeed, section 9 of Article 1 imposes the requirement that “no capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein.” Of note, no tax could be imposed on articles exported from a state. 
  • These two big requirements — Uniformity and Apportionment — are the key restraints on the power to tax, segregating taxes into two separate categories: Direct Taxes and Indirect Taxes. Indirect Taxes only require Uniformity. 
  • Uniformity requires indirect taxes operate with the same force and same effect in every state, precluding Congress from geographical favorites. Uniformity is solely a prohibition on the geographic impact of the tax, rather than classification based on some factor other than geography. Apportionment is the real hurdle. Apportionment req tires direct taxes be divided among the states based on  that state’s population, a politically impossible barrier to cross in the modern era. This effectively neuters the power of Congress to impose any Direct Tax without Constitutional Amendment. 
  • What then is a Direct Tax? The first case to address this dates to the early years of our Constitutional Republic, when Supreme Court Justices wrote their own opinions, often without a shared majority. The law at issue as a carriage tax. Complaining about how apportionment would make any tax “absurd and inequitable” the early Court decided to water down the Direct Tax definition in order to escape the Apportionment Constitutional conditionality of such a tax. The split amongst the jurists left the question mostly undecided, with the dumbest argument being the Justice who claimed if a Direct Tax could not be easily apportioned, then it was magically no longer a Direct Tax. The latter would be invalidated and effectively mocked by the Court a century later, when it noted “such a tax, for more than one hundred years of national existence, has as yet remained undiscovered, notwithstanding the stress of particular circumstances has invited thorough investigation into sources of revenue.” 
  • The Court invalidated the income tax portions of the Tariff Act of 1894. That Act limited itself to a 2% tax on $4K+ of income, which 99% of Americans did not owe, as exempt from it. The tax imposed a tax on real estate rents, and Congress justified it as an excise tax and thus Indirect. The Court clarified the definition of Direct Tax in accord with originating principles: any tax whose liability “cannot be avoided” was a Direct Tax; only taxes that could “shift the burden upon someone else” with “no legal compulsion to pay them” were considered Indirect. The Court went further, and identified Direct Taxes as the kind commonly imposed by States at the time of the Founding, including taxes on real estate, personal property, or the rents or income thereof, like taxes on people. Taxes on franchises, privileges or use were seen as Indirect Taxes. The dissenting justices would have held a tax on revenues “severed from the source” of those revenues was an Indirect Tax. That dissent would matter decades later. 
  • The Sixteenth Amendment removed the apportionment  clause for the tax power, providing: “Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States” or in proportion to the census or enumeration herein. Why? Because the Supreme Court determined the 1893 federal tax on incomes was a “Direct Tax” that had not been apportioned. This removal of “incomes” from the apportionment requirement tempted Congress to never define the word income itself in the future hope they could escape and evade the apportionment requirement by just labeling a future new tax a tax “on incomes.” 
  • The understanding of how broadly Congress could label a tax as an “income” tax to escape apportionment for direct taxation took a turn in 1916, when dissenting Justices from the prior 1896 decision now held sway. They decided that the 16th Amendment merely codified their 1896 dissent, thus forever constraining Congress’ capacity to use the income tax exception from apportionment as its escape and evasion tool. Congress’ answer was to simply never define income ever again, except in manners self-referential and circular. 
  • A fully enforced Constitution would find any tax on property or people directly that make individual Americans liable must be apportioned unless within the limited definition of income the Court gave it — gain and profit severed from the source of that gain and property. Like much of our policy debates, a solution often sits in the text of the Constitution itself. 
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