It is no secret that at this time, our Federal government is on the verge of insolvency. Reckless spending and unbalanced budgets by our national leaders have gripped the nation in the throes of recession. Now more than ever, my fellow citizens, we should be vigilant in taking the steps necessary to protect our interests and future happiness by voicing our concerns in the public councils. The ballot box is where the future of this country will be won or lost, but by no means should our cause start or end on election day. Our elected leaders should come to know us by name and opinion, not by party. Government abuses and usurpations should be resisted where ever they are found, so as to strengthen the position of the people.
It is in this spirit that I relate to you what I believe to be a grave injustice against the rights retained by the American people and protected in the Fifth and Fourteenth Amendments of the U.S. Constitution. In violation of those provisions, Congress has passed laws granting the government the power to confiscate your property, in the form of your wages, without due process of law for any debt it says you owe. The sleight of hand which Congress utilizes for this purpose is the administrative wage garnishment.
31 U.S.C., 3720D grants government agencies sweeping powers to involuntarily confiscate your wages if the government believes you owe a debt, to the government or a person. This law provides for a mirage of due process-like requirements, stopping well short of actual due process and without any judicial review. Here is no such “strict scrutiny” as the U.S. Supreme Court has ruled must be applied regarding the constitutional rights of the people.
The tyranny and oppression of the administrative wage garnishment has affected me personally. Despite proof of payment and in violation of other Federal and State laws, two administrative wage garnishment orders have been enforced against me. The first resulted in the seizure of almost three thousand dollars by an agency of this State. After spending six infuriating months in a law library, I walked into the Marshall County DHR director's office, demanded repayment or threatened to file a court order against him and his agency. I started receiving refund checks a few days later. The second, by the state of Kentucky for a student loan I have struggled to pay due to the first administrative order, reduced me to poverty.
Since we no longer have a public law library in this county thanks to the actions of fence jumping Judge Howard Hawk, I did a week's worth of legal research online to put a stop to the second unlawful seizure which ended at $3,283.28. I recently received a refund check for almost two thousand dollars, well short of what was taken. As my struggle continues, I see plainly the danger these laws pose to our personal property rights. It is my most fervent wish that no one experience the nightmare that I have recently endured.
Please visit marshallcountybroke.blogspot.com or contact me so that together we may take action to preserve those rights endowed to us by our Creator, not government. What the government does not grant, the government cannot take away. That is, unless it is our wages. Hopefully, it will never happen to you, but shouldn't we stand together to stop it....just to make sure?
-as submitted to the Arab Tribune 8/8/11