Helene: A Post Constitutional World
A Slow Process Is In Place To Driver Behavior With Each Disaster
Property and ownership is the key to sovereignty and liberty, and we are witnessing the erosion of those rights in the Helene Hurricane aftermath. It’s occurred to me that there are beliefs and barriers to embodying the concept of liberty and self determination. The Founding Fathers had reached an essential understanding of simple facts, and yet the language they used to describe those ideals makes them seem remote due to the style and complexity of English. That’s tragic for us, as the concepts are straightforward. And as I write this I have a voice in the back of my head telling me “In a crisis you don’t have time to consider 18th century philosophy and Constitutional principles”. I have a stronger instinct that says we are not under the social contract that allows for government and other institutions to plot against us and shape our behaviors, and nudge us into decisions about where and how we live.
It’s wrong to set aside consideration of your fundamental rights. Even during a crisis, when you don’t have time to think, you need your instinct and reflexes to stay clearly focused. And your ability to reason clearly will be required. The point of creating a crisis or allowing a situation to foment to chaotic levels is a tactic that engenders panic. It’s an opportunity to perhaps convince you to put your liberty at the disposal of other considerations and fool you that a bracelet is actually a pair of handcuffs.
No, I’m not going to ramble on about the Constitution. I’m asking you to consider that Helene is a post-Constitutional situation. In that region the Constitution is gone, it’s suspended while the crisis demands that the process of the FEMA and other state agency experts be implemented, property will be condemned and for your safety you must leave what you own and treasure behind. Agencies like FEMA or their contracted agents may attempt to herd you against your will, they may have you sign agreements because you won’t have the time to read the fine print that forfeits your rights completely. But there are key rights that remain yours regardless of Constitutional protection. So now precisely is the time to fully understand where you derive your rights, better than any time. You don’t get them from the Constitution, they have torn that up in North Carolina as FEMA inspections are conducted by Vanguard assessors applying standards that impose high costs, perhaps higher than you can afford because insurance may not cover those items. This is an end run around your right to property and your sovereignty. Processes that change regulation and that influence insurance and other corporate entities set a momentum which will force you from your land and chosen lifestyle once a disaster strikes. FEMA is one of the forces that set this in motion, and operates according to a plan at odds with private property and personal liberty in favor of the climate change collective.
Helene Carnage
Due to the level of devastation, details of the conditions and activities in western North Carolina have reached us primarily in the form of testimonials. And some of those have been of the viral nature that evolve quickly and may not represent what has happened due to evolving conditions. And as people have more information to add to the context, some elements actually become murkier.
Chimney Rock was literally washed into Lake Lure. The picture below shows how debris was just scraped down the holler to rest in a heap of mud, wood, scrap metal and detritus. The volume of wreckage is so massive that it would be incredulous to think that people were not trapped as the mudslide carried boulders and trees down through the town, sweeping them to their deaths. The death count is 200 officially but there have been statements from relief crews that over 900 body bags have been used already in one county alone. Another relief worker relayed on Twitter / X [get video] that 100 bodies have been identified in the Swannanoa River region in a single day. Cadaver dogs are locating bodies in debris but many can’t be retrieved because of the extent of mud, silt, boulders and damaged trees. It’s difficult to determine the body count, and my instinct is to not dismiss the fact that there may be thousands dead. Hopefully our agencies will remain true to their missions and we'll get an accurate count. I will be up front and add that I am skeptical that will be the case, as we saw with Covid and East Palestine and Maui.
There have been numerous viral videos asserting that In Chimney Rock a town meeting was conducted called, and that officials claimed that the region had been condemned and the residents would have to leave. Some have relayed it was the mayor, others have said it was FEMA itself. Most of these reports are relays from “my sources on the ground”. Many have described bulldozers at work in Chimney Rock at the direction of FEMA. But it’s time to adopt a policy of “verify first then trust”. This doesn’t mean being dismissive, as we have witnessed tragedy at the hands of government inaction before.
Yesterday I saw this YouTube video from Mark Huneycutt who lives in the region. He hiked into Chimney Rock and spoke with residents. The video is worth watching, you can see the breathtaking level of destruction. One person who was working on excavation said that there was no such town meeting and that while terrible, the extent of death was not as extensive as many reported. There was no stench of death in the air. The sheriff was keeping order while volunteers and town members worked at clearing the wreckage. They were using bulldozers and other equipment as reported, and the devastation is indeed staggering. FEMA, from what said in the video, was not present. However, this does not mean that property assessors contracted by FEMA have not inspected the area. Even after a few days of clean up activity, the destruction of the mudslides and water has carved away river banks and roads, making entry nearly impossible. Chimney Rock was a charming town with homes and businesses lining the Rocky Broad River, but now those properties no longer exist because the ground upon which they were built has been washed away.
Mark interviewed a resident who owned the “Goldilocks” house, and this conversation revealed a truth that can not be denied: officials may not let you rebuild if they condemn the region. At minute 16:46 is her statement.
I don't know I really don't know um structurally if they'll let us rebuild or … yeah I there I don't want to live anywhere else.
So while the town meeting may not have occurred as originally reported by so many, the denial that residents will be forced off their property is not accurate either. In fact, given the new climate change codes for building and the age of the homes in Chimney Rock which are built to an older construction code, there is a high chance many will be forced to leave.
Mark continued his documentation efforts, and a few days later received more information on fatalities.
FEMA Mission Creep and Forces Aligned Against Your Sovereignty
In fact, given the new climate change centric building codes and the age of the homes in Chimney Rock which are built to an older construction code, there is a high chance many will be forced to leave. It’s important to remember that this region is not a flood region, it is in the Black Mountains where a flood of this magnitude was not considered possible. These homes have been built decades ago and maintained as standards allowed. I can testify from growing up in a family run real estate development business, Dad preferred farm country far outside the village limits where the zoning wasn’t so restrictive. My shock regarding inspection, licenses and permits in the suburbs of Detroit still gets to me. This adds expense for unnecessary items.
In these mountain regions, permits and codes are not the priority, and frankly, while some building codes have helped, others have been pure nonsense and have added costs. Within the past 8 years FEMA has taken on more of an aggressive role regarding climate change and the mission has shifted from disaster relief to an environmental justice, climate change disaster prevention activism role. Since 2015 FEMA has acted more as an established authority than an agency whose role was to coordinate and support state and federal agencies during a crisis.
For example FEMA adopted the mantle of approver for disaster recovery plans from the states, and federal funding was tied to meeting requirements of climate change in those plans.
https://www.nrdc.org/stories/fema-gets-real-about-climate-change
In March 2015, however, all that changed. After a three-year campaign by NRDC, the Federal Emergency Management Agency, or FEMA, announced that states would be required to factor climate change into their hazard-mitigation plans. In order for individual plans to be approved by FEMA—and in order for states to be eligible for federal funding related to pre-disaster mitigation projects—these plans must now also be approved by the state’s highest elected officials. In other words, state governments must begin acknowledging “that future hazards may not follow the same pattern as the disasters the state has experienced in the past,” says Becky Hammer, an attorney with NRDC’s Water program.
Note “the future hazards may not follow the same pattern as the disasters the state has experienced in the past” portion and consider this to be an open door for all types of coercion due to scenarios that FEMA can dream up. And consider now with the exogenous event of Helene how the argument of the low likelihood of climate disasters is now off the table. Additionally, what further power is gained if the disaster is greater? It stands to reason that with the greater the catastrophe, the larger the funds which will be required to fulfill the climate change disaster prevention and resiliency plans.
With its new found mission FEMA began advising states on new building codes that would mitigate potential damage from climate change disaster. Yet despite the fanfare of new executive orders signed in the Rose Garden, it is forgotten that many new standards that accomplish the same ends were already introduced starting in 2000. The NAHB issued their findings of FEMAs efforts, pointing out that many of these standards already are in place, yet the new wave of leading edge improvements to those standards are far more expensive than anticipated.
Although the study focuses on adoption of the 2015 and 2018 codes, the findings support field observations by FEMA, NIST and other structural engineers suggesting buildings constructed to any edition of the IBC and IRC suffer much less damage in earthquakes, floods and hurricanes than those constructed to legacy codes or no codes at all. An NAHB study of damage observations from Hurricanes Harvey and Irma quantified these long-standing observations.
In fact, many of the most significant improvements in home resilience in the IRC — such as increased wall bracing for wind, roof uplift connection requirements, wind-borne debris protection, freeboard in coastal flood hazard areas, and stronger foundations in high-seismic regions — are associated with the 2003-2012 editions of the codes.
Adopting the latest model codes in these areas without significant amendments could lead to significantly higher costs to build without the monetary benefits of increased resilience touted in the FEMA study.
In 2022 the Biden administration took additional steps with the “Initiative to Modernize Building Codes, Improve Climate Resilience, and Reduce Energy Costs”. Again, I get weird vibes with the new vocabulary, as Climate Resilience really is another way of saying “durable”.
for example, by ensuring that roofs can withstand hurricane winds, that construction materials are resistant to flood damage, and that insulation keeps heating and cooling costs low
So I guess they recommend insulation, but most current homeowners and builders understand that this is very standard today. I fail to see what is really of value here. And it’s laughable that the carrot with the climate change stick is $162 dollars in yearly savings while the federal and state government move to adopt wind and solar alternatives which are projected to triple or even quadruple energy costs.
I have to admit that while writing this I keep asking the question what the difference is between damage from a “normal” flood and a climate change flood. Is it merely severity? But then I forget I’m not an expert. The building codes were so great, FEMA needed to offer 2 million dollars to each state to get them to adopt the standards. When you read Scientific American’s article you can clearly see the bias in favor of climate science as they are far less skeptical of the effectiveness of the codes.
New codes — often criticized as costly — typically have stronger construction standards and account for the latest effects of climate change.
“The goal here is simple: Building codes save lives,” said Victoria Salinas, FEMA's associate administrator for resilience.
The question one naturally asks in the aftermath of Helene is with all the emphasis on climate resiliency, did FEMA move more rapidly to perform their duties of disaster recovery efforts and support of the affected states? It is safe to say that given the torrential rain and mudslides these new codes would not have made much difference. The mountains in that region of the US are the oldest range in the world, and the topsoil is loose. The terrain has been carved out by the flood waters and avalanches.
With respect to Chimney Rock and the other locations in Black Mountain, the FEMA inspections will have a devastating effect. If more that 25% of the property is damaged, the entire property must be brought up to the latest codes. This will be far beyond the funds provided by disaster relief and by insurance policies. Owners will be priced out of reconstruction. Developers or corporate entities who can bear the cost will scoop up these properties. Chimney Rock is a tourist attraction, it is a beautiful region. It’s not far-fetched to presume that a large developer can influence decisions to condemn properties and then gain other incentives such as receiving federal funds for rebuilding and housing immigrants. That assumes they will restore electricity to these areas. Should that not occur, people will not be able to remain even if they could afford to rebuild.
Ordinances, building permits, building codes all sound very dry, there is no threat implied with their names, but in this case they are aligned against you, the Constitution will not help you in this case.
Null and Void
The right of property is the guardian of every other right, and to deprive a people of this, is in fact to deprive them of their liberty.
An Appeal to the Justice and Interests of the People of Great Britain - Arthur Lee 1775
This is simple. Your thoughts, your expression and your body are your property. You control your thoughts and your body. What you own is under your control as long as it does not interfere with the property rights that others possess as well. Without the concept of property, there is no liberty, there is no safeguard from losing your freedom. Without the concept of property I can simply take what you have and you have no right to defend yourself and protect your person, your family, your belongings.
Samuel Adams stated quite clearly that natural law was the source of your fundamental rights. They are fundamental to your self preservation.
Among the natural rights of the colonists are these: First, a right to life; secondly to liberty; thirdly to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature.
That is what is at stake in North Carolina, and ultimately for the rest of us.
We can’t demand these rights be recognized, we must assert them by living those values. There’s work to do because to be honest, there is a lot aligned against those ideals. Courts generally side with the agencies. We need leadership to END those agencies. We need governors who refused federal funds that come with these stipulations that put us under such great restrictions. That means federal funds for that local park your neighbors are so excited about has to stop. They are buying you with the semblance of prosperity. It’s a trap.
It means when agencies operate via third parties to force conditions that make you forfeit your property, your rights are violated, and you have a duty to resist. You do not answer to FEMA. They have no authority to tell you to cease assisting others in immediate danger. In the name of some nebulous theory of climate change, anthropogenic global warming or any other “scenario”, people who engage in activities that violate those rights derived from Natural Law have nullified any obligations you have to obey. Sadly we have allowed the concept to be forgotten as we think the courts will rescue us. That was not the intent of the Founding Fathers.
Our entire form of government was founded on the principle expressed by Jefferson: our consent and the constraint of that government to only operate within the described parameters of the law set forth by the governed AND natural law. All else is nullity. That doesn't mean when one group gets in control they can institute measures that violate those principles, and another election must happen or court cases won to set things right. Those actions are nullified FROM THE START.
We didn’t consent to FEMA’s change of direction and pursuing climate resiliency and influencing construction codes that drive up costs. This means it’s illegitimate. To argue that we can reform FEMA, so just be patient, is to miss the fundamental point that there they have no authority to indirectly drive people out of their homes. Government is not vested with the legitimate powers to nudge, and slowly introduce measures that violate our Natural Rights.
That’s the mindset we need to strengthen.
Otherwise we won’t recognize the actual system that we live under. Under the current system, we live under the rule of experts who are not elected, and we hope we are lucky and they hear our petitions, or take our comments on their websites. That’s casino style fulfillment of our rights. And even if federal technocrats are polite and do not intimidate us directly, they are backed up by the indirect threat of force. In a disaster zone, they are protected by those law enforcement and national guard who will just follow their orders and remove you. The federal government essentially determines what the federal government can do. Not the Divine Right of Kings, but certainly the Divine Right of The Federal Technocrats.
When we assert our rights, it will mean disruption, it will mean persevering. Remember, disruption always follows intention. It can be painful, but that’s the forge of liberty hardening your resolve.
