Klosinski Archive

Klosinski: Representative Government at Its Finest?

I have always looked at life from a perspective that the individual has the sole right to exercise dominion over their own life including health care needs. Neither the masses nor the government have the right to impose on the individual sovereign right to life. Along with my right to individual sovereignty I accept full responsibility for financial costs associated with my decisions. Because of my personal positions I prefer a life of privacy and seldom venture out in the world unless necessity demands.

Last week on a trip to a medical facility I had an exchange with a medical professional which explains why I am considered by most in my community to be anti-social. My spouse is forced to obtain an expensive test (expensive at least to us at over $4,000) to satisfy Department of Transportation Commercial Driver’s License requirements. The DOT medical review for commercial drivers is required but stricter standards have been mandated for anyone who has had a cardiac event.

This test is done in stages so we were in and out of the waiting room three times. There were eighteen other individuals awaiting their procedures while a newscast was on with coverage of the Boston bombing. The first set of comments and observations from those in the waiting room never strayed from approval of the way in which Boston officials handled the response to these “terrorists,” expressing shock and disbelief that this could even happen. After all, since 9/11 the government is controlling and stopping “terrorists.”

We were called for the first stage of the test where we were asked the usual medical questions by the test administrator and why we wanted the test. My spouse and I explained that it was a government requirement and not a result of a medical determination from our cardiologist. And that as usual for the past ten years we would be paying out of pocket since insurance would not reimburse. Now she understood the DOT requirements as she had done tests for this reason many times. Though she considered herself conservative on most issues, these types of medical requirements were necessary to protect society.

She went on to complain that she paid over $600 monthly for family coverage and that this national healthcare was needed. She continued explaining that she would like to work less but could not because of this type of necessary expense. OK, I don’t generally confront ordinary individuals especially when there for a test being administered by this individual, but feeling stressed anyway I all of a sudden found myself asking, “Why?”

She said a good example is that society will pay for treatment of a motorcycle accident when an uninsured person comes to the Emergency Room just because society has decided it is the thing to do. Now since she was part of society that paid for this treatment of the uninsured through higher medical cost and insurance rates costing her family their money, she has the right to control the reckless behavior of all such individuals. She explained it is a right for society to demand cycle riders wear helmets and other safety gear to provide less chance of injury and less cost to society when they do not pay, just like seat belts and other safety requirements for automobiles.

“What if someone has insurance and wants to ride without helmet or safety gear?” I asked. That would be reckless she said and it was their tough luck because society has the right to protect ourselves from the acts of others. Those wanting to do anything risky whether responsible or not just have to be expected to comply or be forced through more laws to protect the greater good. After all, we are all part of society and compliance is owed.

She continued that national healthcare can put a stop to the rising costs by controlling the behavior responsible for the expense. I asked what if people decide not to buy insurance and are forced to pay the fine, they will still have no insurance and the bills may still not be paid. She agreed, but her take was that was one of the problems with the plan is that the fine would only only be $50.00 a year. Many without employer insurance coverage might let it go which is when the government has the right to force coverage and charge them.

Like I said this was a stressful testing situation and I was not going to go any further. But I have been an activist against “Obamacare” and for nullification for several years and having read many reports from insurance companies, companies restricting coverage or dropping coverage and some of the Health and Human Services reports, I never came across mention of a fine as low as $50.00. But, I could be wrong. The programs have so many volumes and agencies involved no one could know or guarantee anything, not even the government. This part of the test was over so we returned to the waiting room.

Several patients had gone and were replaced by newcomers. The same news station and coverage with speculation and what to do to make sure another bombing does not happen again with the usual “terror attack” media spin continued. Perhaps the “right of society” position explained by the administrator is why none of the eighteen individuals I observed exchanging opinions in the waiting room during the three hours we were waiting commented against anything the government did. I listened to comments and the fear that no one would take care of them except the government in these “terrorist” situations as the reason we all need to do what we are told because “they know best.” And, one by one, they agreed that Indiana owes us the same response should the “terrorists” strike here.

There was no dissension. All thought what the government agents did to apprehend the suspect causing the “lockdown” of Boston was admirable, heroic and completely within the authority of government. No one saw anything wrong with the tactics towards either the suspect or the citizens. So much for the average individual respecting the individual sovereign rights I have believed were mine as protected by the government limits contained in our Constitutions.

Now sovereignty apparently has been once again redefined this time by the masses of society not as individual inalienable rights but instead as the comprehensive “all irresponsible actions controlled” right society is owed as a whole, a true Democracy. In a republic form of government individuals have rights to self-determination and to guaranteed protections of those rights which cannot be compromised by the masses for any reason. If what I observed last week is an accurate random sampling of America today, I now understand why the Indiana General Assembly leadership refused to bring to the floor the bill which would have nullified the national healthcare acts. They really do represent the people in this democracy.

Government has been handed authority by society to execute control in justifying the loss of any individual responsibility based on reckless behavior and to implement the use of martial law, compromising constitutional protections, when society needs defense from “terrorists.” We used to be self-reliant capable hands-on brave individuals.

Where is my America, land of the free and home of the brave?

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Klosinski is a guest columnist from Brown County, Indiana. She is a frequent contributor to the LPIN website and “We Are Libertarians” online media site.

Action Alert on SB 020: End the Use of Warrantless Drones in Indiana

(By Phyllis Klosinski)

Indiana residents are you aware that you may be under surveillance in your own home? Unmanned aerial vehicles may be providing information about your private actions to undisclosed government agencies. While these unmanned aerial vehicles can be considered cute hi tech gadgets they can also be used to violate your privacy. Do you believe you are protected by: the Indiana Constitution “Section 11. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.” Or “Section 25. No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.”?

Authors Senator Tomes and Senator Waterman have filed SB 020, the digest of the bill states: “Synopsis: Use of unmanned aerial vehicles. Provides that a person who knowingly or intentionally uses an unmanned aerial vehicle to monitor a person, property, or thing without the written consent of the subject of the monitoring commits a Class D felony. Provides that images or communications obtained through the use of an unmanned aerial vehicle are not admissible as evidence. Provides that a person who possesses an image or communications obtained through the use of an unmanned aerial vehicle commits a Class A misdemeanor. Prohibits the use of public money to purchase an unmanned aerial vehicle.”

Since the language of SB 020 specifies: ” images or communications obtained through the use of an unmanned aerial vehicle are not admissible as evidence” are we to conclude that without this legislation such data may be used? If it is necessary to provide protection against use when was the law passed which has allowed such use?

If you value your Right to privacy please contact your state senator, the authors , the members of the Rules & Legislative Procedure Committee, and Senator Long in support of SB 020; Use of unmanned aerial vehicles.

Author: John Waterman ,( R) District 39, Executive assistant Matt Doerr (Mdoerr@iga.in.gov) ph 317-232-9814
Author: Jim Tomes, ( R) District 49, Executive assistant Anne Hiatt (Ahiatt@iga.in.gov) ph 317-232-9414
Senate Rules and Legislative Procedure contact information:
Chair – Senator David Long, (R) http://www.in.gov/s16/
Thomas Wyss R.M., (R) http://www.in.gov/s15/
Edward Charbonneau, (R) http://www.in.gov/s05/
Doug Eckerty, (R) http://www.in.gov/s26/
Brandt Hershman, (R) http://www.in.gov/s07/
Denis Kruse, (R) http://www.in.gov/s14/
James Merritt Jr., (R) http://www.in.gov/s31/
Brent Steele, (R) http://www.in.gov/s44/
Timothy Lanane R.M.M., (D) http://www.in.gov/s25/
James Arnold (D) http://www.in.gov/s08/
Jean Breaux, (D) http://www.in.gov/s34/
Lindel Hume, (D) http://www.in.gov/s48/

Senate contact information
Indiana State Senate
200 W. Washington Street
Indianapolis, IN 46204-2785
(317) 232-9400
(800) 382-9467

Sign Phyllis Klosinksi’s Petition for Redress of Grievance to the Indiana Senate

(Listen to the back story of this petition here.)

Petition for Redress of Grievance to Indiana Senate via Senator David Long, President Pro Tempore

Sign the petition here!

If you are an inhabitant of the State or own property subject to property taxes located anywhere with the State boundaries of Indiana you are represented by the entire membership of the Indiana General Assembly, as each Legislator has the right to exercise the vote to pass or fail legislation. Each vote cast by any Member is binding on all taxpayers subject to property taxation regardless of place of residence.

Your signature on this Petition will register your dissatisfaction with the law which currently only allows an individual taxpayer owning 10% or more of the assessed value in the taxing unit (county, city, town, special taxing district) to object and appeal the budget, tax rate or levy of the political taxing unit levying the property tax you must pay the County Treasurer under penalty of law and seizure of your property for non payment. You need not reside in the State of Indiana; property ownership is the standing for your right to appeal the property tax. Being an inhabitant of the State provides your Constitutional Right to Petition for Redress.

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Are you really the King of your Castle?

(By Phyllis Klosinski, Brown County resident)

ATTENTION to all Indiana Conservancy District freeholders, there is an urgent need to protect your rights. (If you aren’t sure what a conservancy district is, please learn about it here.)

The Indiana Ct. of Appeals issued Opinion No 07A01-1008-PL-429 on April 12, 2011.  This cause was filed to protect the individual rights of freeholders claiming the Cordry Sweetwater Conservancy District was exceeding statutory authority.  There is much to this story and this is just an initial post to get all taxpayers informed of the damage a conservancy district can now do to individual rights as a result of this opinion.  This is an important lesson in statutory construction, and judges legislating from the bench, all to be brought to light in following posts.  Where are the state  agencies controlling conservancy districts in this? ……… ABSENT…….. details to follow.

Critical to this post is the following quote from page 10 of the Opinion.

“We do not read the District’s purpose so narrowly.  In fact, Indiana Code Section 14-33-23-6 provides that the article regarding conservancy districts “shall be liberally construed to accomplish the purpose of creating districts by which local water management problems can best be solved”.  The District’s purpose does not limit its ability to regulate the collection, treatment and disposal of sewage to establishing a public sewage system.  Rather, the District has the ability to regulate all collection, treatment, and disposal of sewage, even the collection, treatment, and disposal through PRIVATE septic systems.”

The approved purpose of this District statutorily is:  “IC 14-33-1-1-(5) Providing for the collection, treatment, and disposal of sewage and other liquid wastes.” When do regulations over PRIVATE septic systems equal PROVIDING for?

All freeholders be aware the liberty controllers in your districts now have the authority to take over every aspect of your individual rights under the ability to liberally construe the Conservancy Act.  Does anyone see any problem here?   The full story exposing the extent to which this District has seized unauthorized authority will follow.

Please join the Libertarian effort  and check your  local elected officials and what is being done to you and compare it to the reality of Rule of Law. The Libertarian Party has links and information which can assist you in protecting your Liberty!  Contact us, join us, stand with us,it is every life we protect!

For more information on this case, read an article by Bose, McKinney and Evans.

Grandparent Visitation Overrides Parental Rights

(By Phyllis Klosinski)

The Libertarian Party repeats: “No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.

The Libertarian Party repeats: “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunity, which, upon the same terms, shall not equally belong to all citizens.”

This Indiana Constitution language is explicit, limiting and deliberate; it controls government, not YOU. Why does the LP repeat the Indiana Constitution?  Because apparently Indiana citizens are disregarding the Rule of Law which binds all equally under the Constitution.

Grandparent visitation has been a contentious issue on the LLTT.  But why?  Each generation is born as an individual reaches adult status as an individual and acquires sole dominion over their lives and responsibility for their individual actions. Yet grandparents seek to have their will to visit grandchildren override the “parental rights” and the responsibilities of parenthood.

Parents relinquish “parental rights” when the child reaches “legal age”.  It is part of the natural cycle of life, which does not depend upon any intrusion of government to be completed.  There is no natural right of grandparents to impose upon their child the right to visitation of their grandchild by force of court order.  There is no Constitutional authority for Indiana to order visitation rights for grandparents over parental rights.

This is not protection of the child following due process.  Rather legislators are once again attempting to frame legislation as “Constitutional” by violating the rights of both the  “intact family” unit controlled by SB 0003 and controlling the parental rights of “broken” family units existing under IC 31.

So Indiana now once again seeks to make two segments of citizens equal by equally denying the indefeasible rights of both the intact and broken family unit.

The Libertarian Party has determined to continue to issue comparisons between Constitutional Rights of Individuals and Constitutional Limits of government so you have the ability to protect YOUR Rights!  The principles of the LP Platform are available for everyone, but YOU must make the determination that it is time to stand for Rule of Law and protect each individual from the out of control limitless Indiana government.

Does the proposed and existing legislation authorizing state determination of grandparent visitation comply with the Rule of Law?  No.  Should existing grandparent visitation laws be repealed?  Yes.  Only these actions will guarantee equal protection of indefeasible rights under the Constitution.  What is the true Party of limited government?   The Libertarian Party protects the Liberty of all equally with no special interests considered.   LP believes human relationships cannot be forced through unconstitutional government court order; no one should be forced to sacrifice individual values for the benefit of others.

Is Personal Freedom in Indiana a Constitutional Right or Unauthorized Government Control?

(By Phyllis Klosinski of Brown County)

This Indiana Constitution language is explicit, limiting and deliberate, it controls government not YOU.

“No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.

The Libertarian Party Platform adheres to the Constitutional constraints protecting YOUR sole dominion over YOUR life.  The Libertarian Party is committed to protecting theses rights, and stopping a government that over steps its boundaries.

This is why Libertarians oppose any law that keeps two people from living their lives as they wish.It’s why we oppose the government dictating to us the terms of marriage for anyone, not just same-sex couples.

Do Indiana Court Rulings over-rule the Constitution and your guaranteed inalienable rights of individual personal freedom? Rulings such as Morrison v. Sadler 2005 which determined:

“The State has no burden to demonstrate that the statute is constitutional, the burden is entirely upon the Plaintiff (The anti-gay marriage amendment side) to overcome the presumption of constitutionality and to establish a constitutional violation”;

Only the Indiana Constitution contains the authority for Legislators to consider passage of laws and only if those laws adhere to the provisions of the Constitution.

The Indiana Constitution does not contain any authority for the passage of laws which provide government control of marriage. The Amendment adding Section 38 defining marriage in civil law terms will impose unlimited government authority to define, condition, limit and control marriage.

The Constitution is the sole source of authority, therefore current Indiana Code which defines marriage, prohibitions and any and all requirements, licenses, terms, and conditions are not authorized by any current section of the Constitution.  The passage of this “Marriage” Amendment would legalize the aspects of family law which are now not authorized under the same Constitution.

Some in the government claim government control is necessary to protect marriage, but none explain how the statutes controlling personal choice, including marriage, were ever enacted into law absent the required mandatory Constitutional authority.  Instead Indiana Legislators have chosen to make statutes legal after the fact.

If you think Indiana is protecting you consider the language contained in amendments to HJR-6:

“The legislature has the power to define marriage and the legal rights, obligations, privileges, and immunities of marriage”:  “Marriage between one (1) man and one (1) woman shall remain permanent until death do they part”.

Further consider SB 119 “ Covenant marriage” controlling by civil contract the lifelong commitment of marriage and HB 1248 requiring “The office of the secretary shall review research based marriage and relationship curricula for the purposes of IC 31-11-4.5-2(3)(F) and approve curricula that meets the criteria established by the office of the secretary”.

And finally SB 2 defining the “Authority to solemnize marriages” all authorizing Indiana to make personal determinations not authorized by the Constitution by nullifying YOUR Rights.

Every individual within Indiana law is under attack by even the proposal of laws which do not adhere to the Constitution, we must all set our individual preferences aside and unite to protect all equally.

The principles of the LP Platform are available for everyone, but YOU are the driving engine, YOU must protect Your Rights!   In a series of comparisons between Constitutional Rights and proposed and enacted legislation, LP will provide continued information for the necessity of all citizens to act now to protect themselves from an out of control limitless Indiana government.

What does the Indiana Constitution Say About the Democrat’s Disorderly Behavior?

Disorderly behavior by the House Democrats has exposed the root of the right to work debate.  When does the individual right not to be forced to work become a violation of another’s right to have the work performed?  When there is a contract.

Elected officials take an oath of office paramount in that sworn duty is the responsibility to perform their elected functions regardless of controversy.  Flight to states with Democratic Governors to avoid taking difficult votes is a dereliction of duty.

After the behavior of the House Democrats, I think two sections of the Indiana Constitution apply: Article 4 Sections 13 and 14.

Section 13 lays out that all meetings shall be open sessions and committee meetings are Constitutional requirements, not discretionary actions. Democrats are continuing to discuss the public business of amendment to several bills absent their presence in the Chambers in violation of their Constitutional duty.

Section 14 lays out discipline for disorderly behavior. It is limited to enforcement by the Legislators performing their sworn duty.

Continued discussion by absent House Members denies the Indiana citizen their right to representation under the Constitutional contract.  It is disorderly behavior to not be present to conduct public business and invoke sanctuary in another state to avoid performance.

Failure to compel absent House Members to honor the terms of their employment with the citizens of Indiana violates the right of the employer (us) to receive the benefit of their work, which has been entered into by the contract of being elected to public position.

Legislators fought to be elected by promising to be the person better to do the job than their opponent.  When it comes time to do the difficult work they were hired to perform, where are they?

By Phyllis Klosinski, a Brown County Libertarian. Ms. Klosinki’s opinion does not necessarily reflect the view of the LPIN or it’s legal counsel.

Indiana General Assembly: Sovereignty’s Imminent Date with Destiny

(By Phyllis Klosinski, A Brown County Libertarian)

The Supremacy of Indiana and your individual liberty is being determined by Indiana Legislators making a calculated Constitutional move.  The Libertarian Legislative Think Tank has considered three constitutional amendments and a bill amending Indiana Code defining state sovereignty to block the implementation of certain federal laws in Indiana.

Define Sovereignty to establish the Autonomy predominating both the U.S. and Indiana Constitutions: the destiny of any and all individual freedom of choice is forever to be determined.

Proposed legislation attempts the protection of rights by declaring the  “inapplicability of certain federal law in Indiana”, using the limits of federal authority delineated in the U.S. Constitution Ninth and Tenth Amendments.  Is the Federal government adhering to the limits in the Constitution, NO.  Since the Federal government is violating the contractual agreement of the U.S. Constitution, Indiana has the duty to challenge the violation of that contract and provide citizen protection by blocking implementation.

An Indiana resident has a “private right of action to enjoin” implementation or enforcement of a federal law declared void in Indiana; so what?  Right of action already exists in both Constitutions.  Right to opt out of health care system specifies certain rights with respect to any health care system, yet Legislators have left it up to the individual citizen to seek private action.  State sovereignty and health care choice legislation SB 0319 (2010) mandated provision that the attorney general shall provide for the legal defense of health care providers and residents of Indiana, this crucial protection is noticeably absent from current legislation.

It is noble to declare a statute of the United States found inconsistent with Indiana Constitutional rights inapplicable, but where does the individual go when the IRS directly imposes the Federal Mandates through seizure of your paycheck and property?

The Libertarian Party Platform holds the individual not government has the right to exercise sole dominion over their own life recognizing the freedom of individual determination of all health care needs.  LP Platform holds we must follow and protect the Constitution (both), which in turn are the written guarantees of the absolute limits of government.

LPIN members should support SB 0505, however when contacting Legislators impress the need for inclusion of critical State defense language, protecting the individual.

To register your position contacts are:

Senators: Tomes, Kruse, Banks, Steele, Alting, Waterman

INLP should support these Indiana Cons. Amendments, proposing identical protection.

HJR 0008:  Representatives; Turner, Stemler, Koch

SJR 0011:  Senators; Kruse, Tomes

SJR 0015:  Senators; Grooms,



The Decriminalization of a Constitutional Right – SB 506

(By Phyllis Klosinski, Brown County, IN)

The Libertarian Legislative Think Tank has swiftly reacted to a Senate bill proposing measured restoration of the Constitutional Right to Bear Arms, prompting extensive discussion overwhelmingly expressing support.

A Restoration of a Constitutional right: why have we become so willing to “accept” back what government has arbitrarily taken from us?  This legislation is an attempt to provide less government, and correct legislation which limits individual freedom by moving closer to the explicit terms of the Constitution.

The LP platform promotes individual freedom, including the presumption of innocent until proven guilty, with the qualification of accepting individual personal responsibility. It is up to the government to prove an individual has relinquished the right to bear arms.

Instead under current law, the individual must prove they are worthy of exercising their Constitutional right.

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What is a Constitutional Marriage in Indiana?

(By Phyllis Klosinski Brown County, IN)

The proposal of two Constitutional Amendments has created a firestorm of religious, sexual and governmental policy debate in the LPIN’s Libertarian Legislative Think Tank (LLTT).

A Constitutional amendment must be provided extreme diligence. Caution: once enacted, forever hold your peace.

The LP platform holds personal relationships are individual choice and government has no authority to define, license or restrict. The Indiana Constitution established governmental power not the limits of individual rights and was written to protect individual rights, not collective rights of any union or group; Sec. 4 prohibits preference by law to any creed or religious society.

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