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The Separation of Church and (the) State (of Colorado)

Did you hear about the Colorado students who walked out of class, demanding that a "new" version of the Pledge of Allegiance be allowed for them, omitting the phrase "One nation under God"?

http://www.foxnews.com/story/0,2933,298336,00.html

Now, really, is there anybody out there who really buys into this cockamamie line about the "separation of Church and State?" Does the phrase exist? Yes, of course. Is it in the Constitution? No. Is it a principle the nation is founded on? Yes. Is it misrepresented?

Absolutely!

The phrase "separation of Church and State" was included in a letter from Thomas Jefferson to the Danbury Baptists in 1802 mentioning a "wall of separation" between Church and State.

Now, ask yourself: Are we now run in this nation by "letters?" Does a letter from a man whose name doesn't even appear on the Constitution now carry enough weight that it shall be considered on the same level and of the same importance as the Constitution itself?

Hardly.

Thomas Jefferson was a patriot and a founder of this nation, but he was not a framer of the Constitution of the United States. He was not even in the country when the Constitutional Convention took place, representing the United States in France as our Ambassador to our oldest ally.

Further, since when did the President of the United States have such far-reaching powers as to declare--not in Executive Order, but in personal correspondence--the powers of the Constitution? Remember that under the Articles of Confederation there was not Executive Branch, and at the Constitutional Convention, great measures were taken to prevent the Chief Executive and the Executive Branch from usurping powers reserved to the Congress and the States.

So how is it that a man who didn't even write the Constitution, in an office that didn't even warrant the power, writing a personal letter, suddenly, supposedly, pen the words that became Law?

Simple: The "supreme Court" said so! Over 150 years of Constitutional Law and Precedent out the window in favor of a phrase penned in a personal letter. That sounds about right for the Judiciary.

And now today we see that everybody in this nation is a great political philosopher and "knower of all things." And we have teenagers who cannot even express themselves with proper grammar and spelling telling us--regurgitating the words of others equally uninformed, more likely!--that the Pledge of Allegiance is unconstitutional, and demanding that Congressional Acts in the form of Federal Statutory Law be overturned because they choose not to say a commonly established pledge that contains the phrase, "One Nation under God."

Geniuses, every one!

Tell me, great Socrates and mighty Aristotle--do they still teach the Constitution of the United States in high schools? Does the State of Colorado still teach the Declaration of Independence in history or political science class? Let us review...

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." From the Preamble of the Constitution of the United States.

Following from the Declaration of Independence.

"Laws of Nature and Nature's God"

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness."

"We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions..."

Check the capitalization. Ignore the words, for just a moment, and check the capitalization, for crying out loud!

The "supreme Court" is referred to in the Constitution with a lower-case 's' every time it is mentioned. Yet the "Supreme Judge of the world" is referred to with upper-case 'S.'

Interesting.

"Creator" with upper-case 'C.'

"Nature's God!" I mean--there's the BIG 'G' word itself! Right there in the Declaration of Independence! How much more obvious does it need to be?? Obviously, pretty obvious. So they stated it as such: "endowed by their Creator."

How about creation vs. evolution? "We hold these truths to be self-evident, that all men are created"! Created!! Right there in the Declaration of Independence!

Yet what is the tired old phrase used in the "separation of church and state" conversation?

"The United States wasn't founded on principles of Christian religion, it was founded on the separation of church and state; it was founded on Grecco-Roman Republican ideals; it was founded on the concept of individual rights." Blah, blah, blah!

More Jefferson for you: "That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed." Now that sounds downright theological, you know what I mean? Do you know what scripture I am referring to?

Now, I hate to quote the Bible in such instances, mainly because I don't feel it is necessary, and despite the point that I am making in this blog, I find it inappropriate. But I simply must in this case do so to compare the supposedly secular comment from Jefferson ("separation of church and state") with this comment above ("Governments are instituted among Men").

From Romans 13:1-3 (NIV), the Apostle Paul writes, "(1) Everyone must submit himself to the goverening authorities, for there is no authority except that which God has established. Consequently, he who rebels against the authority is rebellinig against what God has instituted."

See my point? It is interesting that one would take the idea of "separation of church and state," gleaned from a personal letter as meaning that there is no place for any expression of religion in public places or life when that same individual's writing, in the Declaration of Independence so closely mirrors the very Bible itself!

Those driving this issue state that there is no place for religious expression in government of on public facilities, quoting Jefferson's letter and "supreme Court" precedent. Yet Jefferson's own writing in the Declaration of Independence confirms that "Creation" and the existence of "God" are themselves "self-evident! And his philosophy mirrors Christian theology that states that it is "God" Himself who "establishes...governments."

These high school philosophers in training can't even intelligibly lecture one on the Electoral College, but they think that they know something about "church and state." Hmph.

And the "supreme Court" can't intelligibly respect the 1st or the 10th amendment, yet they think they can impose a personal letter's phrase upon the nation and the People.

The Judiciary should be turned out, and these children should be also--expel them all! Send the Justices off to retirement and the children off to suspension, to be followed by intensive legal training in matters of Constitutional Law, which states that the Federal Government has no jurisdiction in matters of religion, that the States are reserved to take up the matter in any way they see fit, and Colorado State Law, which undoubtedly states that teenage morons (aka students) enrolled in public schools are expected to be in class during their scheduled sessions, and truancy is punishable by appropriate administrative action.

Geez, I applied to the University of Colorado Law School for the fall of 2005--I could have been in Boulder while this was happening! Wouldn't that be fun?

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Communist Pigs and Corn--Sound Familiar??

So I sent out links to my blogs the other day to friends and family figuring that I had enough content on here to actually be worth reading.  Boy, did I get an earful in reply!
 
Some of my original thoughts did not sit well, so I will resort, for this particular blog entry, to quoting that which was sent to me.  Check this against my previous entry about Hamilton's writings and my application to today and see if my thoughts don't sound spot-on accurate!
 
From my aunt--forwarded from someone else...
 
"We're headed in this direction and it is scary!
 
"Several years ago I was supervising a beginning teacher in a city school system. One day during our end-of-the-day feedback conference, the young man gave a facial grimace and began to rub his back. I asked him if he had strained his back in the school lab.
 
"After a long period of silence, he sat down at his desk and explained that he had immigrated to the United States because of political problems in his native country. The discomfort in his back was caused by a bullet wound he had received while fighting the Communists who were trying to take over his country's government. He was then a member of the underground nationalist force.
 
"Then he asked me a surprising question: "Dr. Hedges, do you know how to catch a wild hog?" The question was completely out of context regarding the day's classroom and lab teaching. I replied, "I'm not sure what you are talking about. Tell me."
 
"First," he said, "you find out where the wild hogs are roaming and feeding and then you put some corn out in the field. Soon they will come to eat the corn. You keep putting out the free corn. More wild hogs keep coming to eat the corn."
 
"So what?" I said. "That's normal for any animal."
 
"He said. "After the hogs get used to your free corn, you put up a length of fence along one side of the feeding area. The hogs get used to it. You keep giving them the corn. Then you put up another section of fence at right angles to the first. You keep giving them the corn. The hogs get used to the second fence.  Then you put up another length of fence at right angles to the second section. You now have a U-shaped fenced area. The hogs get used to that section of the fence. You keep giving them free corn. Then you put another section of fence with a gate in it, making a closed area except for the gate. You keep giving them corn. Now, the hogs no longer are out in the fields, working to find their own food. They keep coming into the area to eat the free corn. They get used to the fenced area with the open gate.  Then, one day you slam shut the gate when the hogs are inside the fenced area. The wild hogs are caught - they are your prisoners."
 
"I understood then that the wild hogs were really the people of his native country and that the free corn was the enticements that the Communists were giving to the people."
 
"That's correct," the young man said. "Now, the hogs will not get anything to eat unless you give them food. You are in control.  They depend on you to feed them, or they will starve. They can't get out into the fields and forests anymore to find their own food. They have probably forgotten how, as it is. They are your servants, your prisoners. They must obey you. Or else they starve."
 
"The hogs," he said, "were so accustomed to having the free corn, that they ignored the building of the fences that would eventually trap them. When the gate slammed shut, it was too late for them to realize what they had been blind to. The free corn was enticing, so effortless to obtain, but eventually the cause of their loss of freedom. The fence had been built; the gate had been shut."
 
"At this point in our conversation, the young teacher loudly exclaimed, "This is what I see happening in America today! People are being offered free corn by the government. People are being blind to the fences being built around them by the liberals - the socialists - and that is what frightens me! Just like it was happening in my homeland. The American people do not learn from history. And history shows that socialism/communism does not work."
 
"Take note of Russia. Has socialism been the best thing that ever happened to that country? Absolutely not! But socialism is what the American people are being fed, and they don't realize it. All they can focus on is the 'free corn.' They want more and more of the free corn. And this free corn is being fed to us little by little, and soon the gate will slam shut. I am very frightened, and also amazed, that the American people don't see what is being fed us, and for what purpose."
 
"With that said, the young man sat down at his desk and continued to rub his painful back. And I was silent in my chair. For I could visualize the supposedly "free corn" being fed to our nation's people and our growing addiction to the "free corn". And I could see the gate being slammed shut."
 
"We, the people of the United States of America, because of our ignorance of history, because of our addiction to the supposedly "free corn," could soon be these prisoners."
 
"This is scary!!"
 
End of forwarded email.
 
Guys, when I say Democrats are give, give, giving, am I inaccurate?  When I say Socialism does not work, am I wrong?  And when I say the path our nation is on is scary, am I extreme??
 
The Constitution, I have come to realize, does not promise economic equality--it offers a chance to gain goodies for yourself, not from government hand-out's.
 
The Constitution does not guarantee a system of national standards--it protects the rights of the States, each for itself, to decide how they want most systems within their borders to operate.
 
Want to run your State on a system of income taxes?  Fantastic--do it!!
 
Want to pay for your State's educational system from property taxes?  Go for it!!
 
Texas owns 6% of all mineral rights, which means that to this point, every barrel of oil that comes out of the ground in West Texas means that New York and Illinois are paying my income taxes so I don't have to!!  I like that!  The Constitution does not give the Federal Government the right, nor the Power to change that system.
 
We are a bunch of pigs being fed corn by the name of Social Security, Income Redistribution, Socialized Healthcare Insurance, and a whole slew of of other programs meant to get us addicted to the Federal Government.
 
If you're not paying attention, the third fence has been built and they are proposing the fourth with the gate.  History, indeed, is repeating itself, and this time it is not being done to us--we are allowing it to be done to ourselves.
 
Pay attention, little piggies--the Big Bad Wolf is patiently going about his business.
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"Commencing Demagogues, Ending Tyrants"

Did you know that every State save Connecticut present at the Constitutional Convention sent at least one delegate in his 30's and two sent twenty-somethings?  I find it interesting that a nation founded by such vociforous youngsters as James Madison, Alexander Hamilton, and Elbridge Gerry (does the term 'Gerry-mandering' ring a bell?) has come to be ruled by a group of 60+.  Just a thought.

Alexander Hamilton was not born in the States.  Somewhere in the Caribbean, though which island escapes me at the moment.  So he was ineligible to be President, otherwise surely this very well-educated, intelligent signatory of the Constitution would surely have been President in his lifetime.

Hamilton co-authored the Federalist Papers with Madison and John Jay as a written defense of the new Constitution in an attempt to persuade the States to ratify this document and found a new government, which remains our government today.

I have by no means read nor become familiar with all of these writings yet, but Federalist #1 by Hamilton stands out as a favorite of mine.  I would like to discuss two points of this very important historical document, the second of which builds upon the first.

Hamilton does a magnificent job of eloquently developing his points in paragraphs three and four, ending each with his main point in each case in the final sentence(s).

Paragraph three discusses those whose voices rise in opposition to the new Constitution from across the entire 13 States.  Perhaps the most ardent, and loudest of these, though Hamilton does not mention him or any other by name, comes from none other than Patrick Henry of Virginia, he of the famous Revolution-era phrase, "Give me Liberty, or give me death."

"Ambition, avarice, personal animosity, party opposition, and many other motives not more laudable than these, are apt to operate as well upon those who support as those who oppose the right side of a question."

Now, admittedly, in this era of 'Sesame Street,' attention spans, which has produced hit television shows such as 'Friends,' and 'Seinfeld,' Hamilton's writing is a bit more difficult to comprehend on first reading.  But I believe on review that you will find his points to be very profound and even strikingly relevant in today's political environment.

Many traits including ambition and party opposition drive individuals to take a position on matters even today.  Take abortion, for example, and consider the stance of the two major parties.  Or consider the events in Jena, Louisiana of late and the motives of the Reverands Jesse Jackson and Al Sharpton in participating in these events.

Even in Hamilton's day, there were great men like George Mason, Henry, and James Monroe on the side of rejecting the Constitution and the calling of a second Constitutional Convention, an action deplorable to the likes of Hamilton and Madison among others, including George Washington.  The men who opposed ratification did not oppose the new government, but they had serious concerns regarding the Constitution, including a glaringly obvious lack of a Bill of Rights.  Most notably, their concern lie in the protection of individual rights such as freedom of religion, speech, and the press, and <are you ready for this one??> States' Rights!

It cannot be blamed on such great men that they would desire to have a government set up immediately that was founded with these principles a part of the Constitution, where the proponents of ratification favored allowing the newly-elected Congress to amend the Constitution, a far easier task than the calling of a new Convention.

These are just some of the reasons that Hamilton takes a conciliatory tone in Federalist #1, alluding to the honorable intentions these men in opposition had in their position, rather than blasting them personally, ratcheting up the political rhetoric of the time, and potentially harming the ratification effort.

Hamilton ends paragraph 3 with an amazing statement of reality which recognizes that those in favor of ratification cannot force their opponents to relent their ideals and join forces with the supporters of the Constitution.  "For in politics, as in religion, it is equally absurd to aim at making proselytes by fire and sword. Heresies in either can rarely be cured by persecution. "

However, his second point, enunciated in paragraph 4, takes a slightly different perspective.  Hamilton points out that opponents of ratification had already begun making the arguments, and predicted accurately that they would continue, that those in favor of one national government were in favor of a tyrannical despotism.  Those in opposition, he predicted accurately, would make the point that "an over-scrupulous jealousy of danger to the rights of the people, which is more commonly the fault of the head than of the heart, will be represented as mere pretense and artifice, the stale bait for popularity at the expense of the public good."

What Hamilton meant was that opponents would, "by the loudness of their declamations and the bitterness of their invectives," seek to push their personal agendas at the expense of the people!

Now, a note in modern times.  We never see this played out today, do we, in issues such as gay marriage, abortion, or taxpayer-supported, nationally-socialized healthcare insurance, do we??  Take note in modern times of that which Hamilton ended paragraph 4 with over 200 years ago!  And take note of those who fall on the wrong side of the Constitution on these issues today.

Hamilton goes on to discuss the use of public opinion on the part of opponents of ratification.  They sought in their arguments to cause the People to distrust this new government through their love for Liberty, while Hamilton points out that in order to secure that Liberty, a government must be put in place to secure and to protect it, which requires the faith and trust in that government that opponents wished to stifle among the People.

He goes on to warn about the intentions of opponents, "and that a dangerous ambition more often lurks behind the specious mask of zeal for the rights of the people than under the forbidden appearance of zeal for the firmness and efficiency of government. History will teach us that the former has been found a much more certain road to the introduction of despotism than the latter, and that of those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people; commencing demagogues, and ending tyrants."

Hamilton is much more eloquent in his letters than the medium of blog allows me to be.  Were I to simply reproduce the entire contents of Federalist #1, you wouldn't want to read it, and I would quite possibly be in violatiton of copyright law.  On the other hand, Yale's Law School has given me permission to reproduce content from their Avalon web site in electronic form, I just have to provide proper credit which I readily provide below in the form of a link to the Federalist Papers web site.  Please read this and other materials that they have on this site.

http://www.yale.edu/lawweb/avalon/federal/fed.htm

Now, so as to apply that which we have learned today from the writings of yesterday to today's political climate, allow me to ask the following questions:

Which Party is even today paying an "obsequious court to the people" lurking behind the "specious mask of zeal for the rights of the people?"

Which Party today employs, "By the loudness of their declamations and the bitterness of their invectives," seek to push their personal agendas at the expense of the people?

Which Party today seeks not to rule through the "People's Branch," the Legislative Branch--the Congress--instead seeking to push their agenda through the unelected branch, the Judiciary?

It is interesting to note my high school senior English teacher's statement, which I refer to often in this world, that "times change--people don't."  The opposition is seeking to bribe and cajole the "People" with all manner of benefits to them.  Socialized retirement for the old and infirm, socialized housing and welfare for the poor, and now socialized healthcare insurance and income redistribution for all!

Beware the tax man, who gives with one hand but takes double with the other.  History screams out to us across the pages of time to take note.  We are not engaging in any act that is new under the sun.  And if we ignore fact and history, then before we realize it, all that we have will be taken from us.

We must question what the Democratic Party desires to gain by giving so much to so many to gain their support, their trust, and their votes.  We hold them as "Demagogues" today--how long before they show themselves to be the "Tyrants" that they truly are?
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Jenna, Jenna, Bo-Benna! Are They Serious??

I should probably preface this by stating that, yes, I am white.  For those of you PC'ers in the crowd, that is English for "Anglo."  Deal with it.
 
I'm in kind of a daze over this whole Jenna, Louisiana business going on right now.  The fact that it has even become an incident it pretty ridiculous in my estimation.  Hate crimes?  Racism??
 
Gimmee a break.  We've got teenagers hanging nooses in a high school campus oak tree, teenagers beating each other up, and now, teenagers driving drunk through a crowd in a pick up truck with two nooses hanging from the rear of the truck.
 
And if you've seen the pictures, those were brake lights lit on the back of the truck, which I took to mean, "Yeah, we're just gonna drive real slow-like down this street so all you black (African-Americans in PC talk) people see us in our full stupidity!"  I didn't see anybody around the truck or under the truck, which would allude to having driven the truck through the crowd.  And with brake lights on, they couldn't have been moving terribly fast.
 
This is, if anything, a case-study in how to not raise your children.  The fact that Jesse "Jehova" Jackson and Al "Gore Wannabe" Sharpton are involved just makes it a three-ring circus!
 
Can a circus reference be construed as racist when discussing blacks?  Wouldn't want the NAACP looking me up.
 
And speaking of the good old boys (and girls) at the NAACP, isn't it interesting to note that they still go by the term "Colored People" in their title?  I wonder what would happen to me if I showed up in Jenna and started calling all blacks present "Colored."  We see what happened when a couple white boys hung a noose in a tree.  I would be afraid for my life.
 
So much for freedom of speech.  Show up, call people a name to elicit a reaction to make a point, get your teeth kicked in, get charged with a hate crime.  Something doesn't sound right about that.
 
And that is the whole point in this matter, isn't it?  What is right and what is wrong?  At least, that's what the good people at the NAACP are trying to make it out to be, hmm???  I wonder how much giving has spiked at the Church of Black this week?
 
White kids hang a noose in a tree, as opposed to hanging a black kid from that noose, and some black kid with a prior record decides to go vigilante.  Shouldn't surprise anybody--including blacks.  After all, the key term in that phrase is "prior record."
 
I'd like to point out that neither teenagers who hung the noose from the tree, nor the teens who so wisely drove down the street, popping a couple brewskies back with nooses hung from their tailgate, were terribly wise, nor tremendously smart, as often teenagers are accused of being.
 
But, as the DA or the AG put it (sorry, I don't recall which), the kids who hung the noose from the tree did not violate any apparent laws, therefore none were arrested.  Makes sense!
 
The kids who did, however, commit physical violence against the other kid(s) did commit a crime, hence they were arrested.  And rightly so.
 
Now, this thing has kind of blossomed out of control since then, which is why the Reverand's Jackson and Sharpton decided to get involved.  Notice:  News Cameras and the Reverands--no surprise there!
 
Actually, a funny Evolution joke comes to mind:  What came first?  The News Cameras?  Or the Reverands??
 
Now, the kids who were boozing it up in their pick up truck should be slapped with the broad side of the harshest penalties under the law as far as under-age drinking, contributing to the delinquency of a minor, and probably several other offenses go.
 
As for hate crimes, the only hate that I have yet heard have occurred have been at the hands of black perpetrators beating white victims.  End of discussion.
 
Do we really believe in this nation that only whites hate blacks?  Please.
 
Have you seen the crime statistics lately?  What is the percentage of black-on-black crime versus overall crime?  Don't you think that that vitriolic hatred would spill over onto whites at some point?  Although the media doesn't highlight that fact for us, one national radio host went over just a brief log of black-on-white crimes that didn't make the national news.
 
Yet a couple punk white kids in Louisiana hang a noose in a tree, get their butts handed to them, the white kids go free, the black kids go to jail, and one of them remains there because he can't afford bail?  And we're supposed to care about this because...Jesse Jackson shows up?
 
Grow up, people--all of you.  Starting with Jackson, Sharpton, and the broader black (African-American) community, then right on down to all the idiot white people who apparently forgot to tell their children that under-age drinking is illegal, and the use of nooses is stupid!
 
We're not talking about the Louisiana Klan marching through the streets, burning crosses on the courthouse square, stringing blacks up in trees with real nooses.  The noose I saw on the back of that pick-up truck couldn't even be used to rope a calf--give me a break!
 
We're talking about teenagers.  And some of them sound a bit smarter than their parents, from what I've heard.  Wise?  No.  Smarter?
 
Quite frankly, I think the whole thing is pretty hilarious.  Want to gain some attention in the deep South?  Hang a noose from a tree.
 
Thee whole black nation shows up to protest?  Drive down the street with a noose hanging from the back end of your pick up.
 
Actually, had I been in charge of the event, I would have had about 85 pick up trucks, each with about 40 nooses hanging from their tailgates.  Maybe even some Bubba sitting on a bail of hay in the back end of each one of them giving "noose-tying lessons."
 
My attitude is, if you want to make a political statement--black or white--make sure you're not in violation of any laws, first (drinking laws, physical assault, et al).  And then make a political statement that nobody will forget in the near future.
 
Teenagers hanging nooses?  I see why this didn't make the nightly news--it's not newsworthy!  Teenagers beating each other up?  It's not newsworthy.
 
The Al and Jesse Show?  News Flash:  Not newsworthy, either.  Hang it up (pun intended) and go home.  Let tiny little Jenna fade back into anonymity--this ain't Selma, people!
 
Charge those with crimes who deserve, sit all of these teens down with the County Sherrif's Deputy, because nobody any higher than that should be troubled with this matter, and give them a good, old-fashioned, Southern talking-to, then send them home!
 
By the way, the one black kid's bail was set at $90,000, meaning that he had to pay $9,000 to be released.  Which means that Al and Jesse visited the kid in jail and he's still sitting there.  If these two Defenders of the People had any concern for this criminal (prior record, after all), they would have ponied up the $9,000 themselves.  If they had any talent between them, they would have magically raised this paltry sum from the masses already.
 
But once again, we see blacks using blacks to benefit themselves.  This is the true 20th-Century slavery!!  And opposing it should be the true 21st-Century Civil Rights Movement!!
 
But the problem is that this form of slavery is self-imposed by blacks ON blacks who are more impressed with the celebrity of opportunistic masters like Jesse Jackson and Al Sharpton than with that true freedom that their predecessor in the ministry, MLK Jr, often spoke about.
 
We have a Presidential candidate who is black.  A "supreme Court" Justice who is black.  Mayors, Governors, and city, State, and Federal Representatives across the nation who are black.
 
The best athletes in the nation are black.  Even more importantly, kids' favorite athletes, whether good examples of outstanding people like Michael Jordan and Tiger Woods, or miserable low-life's like OJ Simpson and Barry Bonds, are also black.
 
You want to talk about Reparation??  Here's Reparation for you:  That the "sons and daughters of former slave-owners" would sit in the stands cheering wildly for "the sons and daughters of formere slaves" being paid millions and millions of dollars to do what they do.
 
Amazing.  Simply amazing.  That we even hear the idea of reparations spoken of in political circles is asinine--the market has taken care of it for us already!  It is simply a topic that gains significant press for the Sharpton's and Jackson's, more concerened with their "cause" than with those whom they are supposedly there to benefit.
 
Kind of like that black teenager who continues to sit in jail while the Al and Jesse show broadcasts on the steps of the jail house.
 
21st-Century Civil Rights Movement, indeed!
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California Video Game Law Terminated!!

This is a matter that really has no bearing to me in terms of which way it goes.  But it further illustrates the problem with the current political-legal philosophy at play in our nation.
 
California Governor Arnold "The Terminator, himself" Schwarzenegger signed a State Law in 2005 regulating video games.  Now, being a matter not mentioned in the Constitution, video games should logically be a matter left to the States, right?
 
Enter Federal Judge Ronald Whyte, San Francisco.  Judge Whyte stated Tuesday in his opinion that, "At this point, there has been no showing that violent video games as defined in the Act, in the absence of other violent media, cause injury to children," he wrote in his decision. "In addition, the evidence does not establish that video games, because of their interactive nature or otherwise, are any more harmful than violent television, movies, Internet sites or other speech-related exposures."

"Although some reputable professional individuals and organizations have expressed particular concern about the interactive nature of video games, there is no generally accepted study that supports that concern."
 
OK.  Brief review of the Constitution before I deal with this joker in black gown.  Do these characters still wear powdered wigs?
 
First Amendment.  Free speech.  Got it.  "Congress shall make no law...abridging the freedom of speech."  Religion, speech, press, assembly, redress.  Got it.  First Amendment.
 
Now, tell me again...where was the part about restricting the States from doing whatever they want to???
 
Yes, yes--I know.  The Judiciary has made it very clear that they feel this Federal matter applies to the States as well.  Got it.
 
But they are dead wrong!!
 
And how about hypocrisy?  What about the part about, "the evidence does not establish that video games, because of their interactive nature or otherwise, are any more harmful than violent television, movies, Internet sites or other speech-related exposures."
 
When last I checked, nobody has a problem with children (aka minors) being restricted from buying cigarettes or alcohol.  Nobody complains when children are banned from buying pornography at the corner market.  Or from buying a ticket to a "dirty," R-rated movie.  Then there is Internet pornography!!
 
The point is, who cares what the justification is for the law?  It doesn't matter if you are a Bible-beating Southern Baptist who dislikes and disapproves of pornography and such, or if you are the most Liberal, left-leaning person on the planet, but you disapprove of minors being exposed to violent video games.
 
Here comes my line--did you see this coming?
 
It is the State of California's right, not Judge Bob Dumbasses, not the San Francisco Circuit's, not the 9th Circuit Court of Appeal's, not the "supreme Court's," and not the Congress' right to deal with this matter.  It is California's right and California's right alone, without the oversight of the Federal Judiciary's "inferior Court's," to deal with this matter as they see fit.
 
Judge Whyte, if I ever find myself in Congress, I shall have your head on a silver platter of Impeachment for violation of the 10th Amendment, the spirit of the Constitution itself, and the Law of Common Sense, right along with your Dallas Circuit colleague who felt it appropriate to slap down the City of Farmers Branch, TX for passing an ordinance requiring landlords validate residency of residential tenants.
 
Do you guys see that the Federal Judiciary is just completely out of whack in terms of it's very purpose?  These guys are not Legislators--they could never get elected!  And what they are doing in the Judiciary is undermining the very concept of our Representative Republic.
 
Get rid of them all.
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Abortion and Gay Marriage

On one hand it would appear that the topics of Abortion and Gay Marriage have in common the individual's right to choose, right?  I mean, admittedly, I can neither choose for a person whether they want to end their pregnancy any more than I can choose for a person to want to be with a member of the same sex, right?  Of course not.
 
Both topics boil down to individual choice, then, right?
 
Well, if you've read anything else I've written yet, you know what I'm about to say.
 
No individual has the right to steal another person's car, or their hubcaps.  They do not have the right to shoot another person's livestock any more than they have the right to shoot that horse or cow's owner.  And they do not have the right to destroy their property, least of all because they "choose" to do so.
 
These are somewhat far-fetched examples, but they are intended to illustrate the concept of State Law.
 
Theft is against State Law.
 
Murder is against State Law.
 
Destruction of private property is against State Law.
 
Here's one further for you:  Abortion and Gay Marriage are, effectively, against State Law, or at least they were until the Judiciary began to decide these cases in favor of the individual and against guiding State Laws.
 
Why would a Judge ever decide in the favor of one country resident who walked up to and shot their neighbor's prize-winning horse?
 
Why would a Judge ever decide in favor of the convenience store thief?  Or how about the thief who also shot and killed three people in the act of commiting this robery?
 
Why would a Judge ever decide in favor of a driver guilty of destroying a $100,000 car parked in the street when they totaled it driving by one day?  Or perhaps driving through a stop sign at a "T" intersection and planting their vehicle in somebody's living room of their $250,000 house?
 
No, these are each examples of where State Law is guiding and covers every aspect of any of these crimes.  Far-fetched, perhaps, but examples of where State Law is, in fact, guiding, and covers every scenario of such wild circumstances and crimes.
 
Yet we see fit to allow the Federal Government to get involved in the areas of abortion and marriage, two areas that, to paraphrase Sen. Hillary Clinton, were "the area of the States," at least long before the Fed's got involved!
 
Today we see Republicans seeking amendments to the Constitution of the United States that bans marriage between members of the same sex, or that define marriage as a union between one man and one woman.  This runs in direct contravention to the Constitution's central theme of State control, and the 10th Amendment's Doctrine of States' Rights.
 
And on the opposite side of the aisle we see Democrats willing to discuss the continued involvement in the topic of abortion on the part of the Federal Judiciary, while anyone of reputable character and knowledgeable in these matters would easily admit that this, too, is an area of State, and not Federal, concern.
 
Those who feel that the Supreme Court should take up one issue and remain out of the other are hypocrites, attempting to play both sides against one another in order to benefit from this quarreling are hypocrites.  And those who feel that the Congress should involve itself in either issue, seizing all powers in these issues is no better.
 
The fact is that issues such as gay marriage, as Sen. Hillary Clinton and Sen. Barack Obama believe, should be left to the States.  Likewise issues such as abortion, although an entirely different cast of characters believe this.
 
There are many other issues that bear the same complete lack of Federal oversight that should be, or should have been, left to the States.  They include slavery, segregation, religion in the public arena, and capital punishment.
 
These issues have all been taken up in the "supreme Court" at one time or another in our history.  And each has caused pain and suffering for significant portions of our population while concurrently causing certain damage to the Constitution itself.
 
This is what I mean when I state that it is up to we the People to educate ourselves in these matters and become vigilant in requiring our elected representatives to observe the requirements for our government set forth in the Constitution.
 
While many of the problems we face today are historically traced to Judicial actions, there are a significant number easily traced to the Legislative and Executive Branches as well.  This only accentuates the need for us to educate ourselves and to require those who represent us to adhere to the Constitution.
 
The old phrase still remains true, that, "We should all hang together, otherwise we may all hang separately."  And I, for one, have no intention of hanging any time soon!
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The Judiciary..."What Is?" And "What Should Be?"

I have a real problem with the Federal Judiciary, if you have not yet noticed.  Here is my beef.
 
We see the Supreme Court and the several "inferior Courts" of the Federal Judiciary with absolutely no trepidation towards overturning Federal Law or State Law, while also having no problem with declaring slavery, segregation, and abortion Constitutional.
 
I doubt that anybody would argue with my assertion that slavery and segregation go against the very nature of our Constitution, so surrender me those points.  I would make the point that there is no difference between these two issues and abortion in this manner--none is covered by the Constitution, therefore a cursory reading of the 10th Amendment would relegate these issues to the States exclusively.
 
But then there's that nasty issue of Judicial Review.
 
Judicial Review is a Power that gives the Supreme Court, and by extension the Federal Judiciary, also known as "inferior Courts," the Power to declare what the Constitution means.  Judicial Review traces to the 1803 case, Marbury v. Madison, and later was determined to not simply apply to matters of Federal Law, as in Marbury, but also in matters pertaining to States' Rights, such as slavery in Dred Scott v. San(d)ford (1857).
 
The problems with Judicial Review are many.
 
First, the very idea of a self-awarded Power, which Judicial Review is, having been awarded by the Judiciary, through Chief Justice John Marshall, to the Judiciary, is reprehensible and completely in contravention to the very nature and Spirit of the Constitution.  Let me explain.
 
The Constitution, as we know, was established by the States.  The States called the Constitutional Convention of 1787.  The States ratified the Constitution following the Convention.  The Madison Debates, the notes taken by James Madison at the Convention, as well as the State Ratifying Conventions, are rife with concerns about the Federal Government seizing power not awarded it.  Hence the great struggle for the Bill of Rights.
 
"Congress shall make no Law regarding..." and that type of language.  Concerns for the rights of individuals and States alike.
 
Now, fast-forward to 1803 when Chief Justice John Marshall states in Marbury that it is the Power of the Judiciary to declare what the meaning of the Constitution is.  Hmm...
 
Secondly, the Power of the Congress over the Judiciary is well-stated in Article III of the Constitution of the United States of America.  Article III covers the Judiciary in the body of the Supreme Court.  There are three sections in Article III, and each states that Congress in one way or another maintains authority over the Judiciary.
 
So much for "co-equal Branches of Government," or so goes the popular phrase used by supporters of the Judiciary to defend "their" defenders and supporters.  That bastion of the Constitution, the Supreme Court.
 
Oh, and don't forget the 9th Circuit Court of Appeals.  Yeah, the one created by Congress under Article III, Section I.  "The judicial Power of the United States, shall be vestetd in one supreme Court, and in such inferior Courts as the Congress shall from time to time ordain and establish."  Emphasis added, of course.  How can I resist?
 
I have mentioned in a previous blog the fact that the Judiciary has no Power over Congress and the Legislative Branch according to Article I, which deals with the Legislative Branch.
 
Hmm...Article I, Legislative.  Comes before the Executive Branch in Article II.  Comes before Article III and the Judiciary.  So much for co-equal.  Give the Courts their own building and they think they are something.
 
It is, in fact, the Judiciary which is dependent upon the Congress for it's every Power.  It's every action is dependent upon Congress and it's approval.
 
For the moment that Congress decides it has had enough, it gets to play the Trump Card...Article III, Section II:  "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution...with such Exceptions, and under such Regulations as the Congress shahll make."  Emphasis added again for this reason.  As soon as Congress grows a pair of nads, collectively speaking, the "supreme Court" becomes a group of amateur golfers looking for a tee-time.
 
At present, it is the Judiciary who instructs the Legislative as to what is Constitutional.  This is the "What Is" of the present moment.
 
It is time that the Judiciary receive a loud, obnoxious wake-up call that shows all in it's ranks and the legal business that the Constitution is still in place and in effect.  For it is the Congress who has the Power to restrict the Courts, and not the other way around.
 
This is the "What Should Be," and I look forward to the Congress that has the veracity and the balls to conform itself and the Courts to the Constitution's very letter and spirit.
 
So how do I recommend this be accomplished?  That is for a future blog.  Come back.  I'm sure it will shock you.
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Petraeus or Pittsburgh? Baghdad or Boston??

Just a thought for everybody on both sides of the aisle to ponder while General David Petraeus is before Congress this week testifying about the status of the troop surge.
 
It's a heckuva lot easier for 10,000 Muslim Jihadists to catch a plane to Boston, MA than it is for the US military to "redeploy," or remove, 30,000 American troops.
 
It's a heckuva lot easier for those 10,000 Muslim Jihadists, once they are in the US, to take out a whole lot of American civilians than they have been taking out military targets in Baghdad specifically and Iraq in general.
 
It's a whole lot better to have 200,000 American troops in Muslim lands than to have 1,000 Muslim Jihadists in America.
 
And I will station 200,000 Americans in Iraq for the next 20 years, at the cost of $250 billion and 1,000 American casualties per year in Iraq in exchange for the zero attacks on Americans in America since 9/11/2001.
 
It is safe to say that had President Bush done a lesser job, or had a President of lesser resolve been in charge, it is likely that we would have been attacked more than once in the last 6 years.  That being the case, it is highly likely that we would have far more than the 3,700-some casualties that American troops have suffered in Iraq in American civilians state-side.  And that is unacceptable any way you look at it!
 
Peace is preferrable.  But in the absence of that being feasible in the face of those who would gladly travel here to carry out what they are now doing elsewhere, I will take a state of diligence and a heightened state of alert in the face of ongoing war for as long as it is necessary to combat extremism and anti-American sentiment.
 
Just a thought.
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Democrats (and Republicans!) and Spanish

So now we are seeing this gimmic organized by Univision of the Presidential candidates being asked questions in Spanish, being translated into English, being allowed to only answer in English, and then being re-translated back into Spanish for the viewing audience.

Is anybody really taking this seriously??? I mean, come on.

First, by pandering to Spanish-only or Spanish-first speakers, both the candidates and the geniuses at Univision are saying, "We don't really take the Illegal Alien situation seriously." After all, if a viewer is an English speaking citizen, then they can watch on ABC. They don't need Univision. And if the viewer is a Spanish-only viewer, one of two things must be said at this time:

1.) If you are a citizen, then according to the requirements that you were supposed to meet when you raised your right hand, you should not be a citizen. You should speak English.

2.) If you are not a citizen, then get out. You don't belong, you're most likely here illegally, and therefore you have no rights. None!! Do you understand that?? None. Nada. Hasta la Vista, Bay-be!

I can't even point out in high spirits that this debate involved Democratic candidates because the Republ-ocrats are about to do the same thing. Just a joke.

Oh, and another thing: Is anybody counting how many debates this makes? I mean, is this a reality show or something? WTF??? Has our entire electoral, representative system been thrown out? We now have to watch 8 debates per Party before the first of the year of the actual election???

And that's just for Primary season, folks, which we all know and realize will be over and done with before it even begins. The major Party candidates will be decided by March 1st, and I won't have even gone to the polls yet.

And then the real fun begins, because then we get to see New Mexico Governor Pete Richardson and Texas Congressman Ron Paul launch 3rd Party campaigns and the entire process goes to the poop pot!

I've kind of let my hair down on this one, just like the rest of the system. May God help all of us make it through this one!

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Congress vs. The Judiciary

OK, so I'm always telling my Liberal friends to read the Constitution, not the New York Times and the 9th District Court of Appeals, to know what the Constitution means.  So I decided to take up my own advice and compare the Congress and the Courts.
 
Boy, was that a smackdown!!  Congress in the first round by KO!  Nothing 'Technical' about it!
 
Here's what I mean.  My assertion is, admittedly, a bit extreme, in that most of our present problems are due to the Supreme Court, specifically, and the Federal Judicial Branch in general.
 
I further believe that the Judiciary has historically taken on multiple topics that it had no business delving into, and that they have actually caused more harm to this nation, historically, than they have done good.
 
Bam!
 
Should be pretty easy to prove that assertion right or wrong, right?
 
For some time now I have been pointing out here and in conversations the following:
 
1.) The Judiciary is the 3rd branch of government.  Nothing 'co-equal' about it.
 
2.) The Congress is supposed to be the branch in charge.  Not the Judiciary.
 
3.) The Constitution says so.
 
"What?" you say.  Again, very easy to prove me right or wrong on this one.
 
Refer now to your undergraduate political science texts (I kept mine as I couldn't sell it back. Apparently something changed that needed revision!).  Article I of the Constitution pertains to the Legislative Branch, also known as Congreess.  Article II (ignore for now) refers to the Executive Branch, or the President and Vice President.  Article III pertains to the Judiciary.  No arguments there.
 
Now, compare Article I and Article III.  Article I is about 12 times as long as Article III.  It awards great, broad, vast-reaching powers to the Congress.  Well, actually, the powers awarded to Congress are quite limited.  More on that in a moment.  And to confound the Justices, each of the Sections of Article III award power to the Congress over the Judiciary and the Supreme Court.  Now, one would expect that great powers are allocated to the Judiciary to keep those nutty Congressmen and other elected officials in line, right?
 
Buzz!!  Wrong!!
 
Article III:  Section I
 
"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
 
Meaning:  Congress has power over the Judiciary.  Congress controls how many "inferior" Courts there are.  Congress controls their establishment.  Not the Courts themselves.  The Courts are basically yard dogs to the Congress.
 
Article III:  Section II
 
"In all other Cases  before mentioned the supreme Court shall have appellatee Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
 
This is my favorite point in the entire Constitution, I think!!  Are you ready for this???
 
Meaning:  It is the Congress, Chief Justice John Marshall, who get to say what the Constitution says and means.  Not the Judiciary!!
 
Here is why I say this.  Take my favorite issue, abortion.  State law.  Always was prior to Roe v. Wade.  There's a reason for that.  THE CONSTITUTION DOES NOT MENTION ABORTION, IT DOES NOT AWARD POWER OVER THAT ISSUE TO THE FEDERAL GOVERNMENT, AND THE 10TH AMENDMENT RESTRICTS THIS AUTHORITY STRICTLY TO THE STATES--EACH FOR ITSELF!!
 
Sorry to yell like that.
 
Abortion is not an issue of Federal oversight.  That's a period at the end of that sentence--as in, abortion is not an issue of Federal oversight--PERIOD!!  Emphasis added.  Such issues are strictly reserved to the States.  That means that if a State decides to restrict abortion, it may do so.  If a State does not take up the matter in its Legislative body, a State Court may do so.  In absence of this being the case also, then the rest of the 10th Amendment, logically, comes into play and it becomes a matter left "to the people."
 
Enter the Roe Supreme Court.  Never before had any Court ruled against guiding State Law on this matter.  Roe was the first.  Unfortunately, according to the 10th Amendment, Roe should never have been heard in Federal Court.
 
Enter the Congress.  According to Article III, Section II, Congress may respectfully instruct the Supreme Court and the "inferior Courts" to butt a stump on this issue.
 
In other words, Congress may regulate the Supreme Court and except the issue of abortion from the realm of Federal oversight, vacating all decisions pertaining to this topic, and permanently remanding it to the States to decide this issue, each for itself.
 
Now, how do you think former Chief Justice John Marshall liked that point?
 
Actually, I'm quite surprised.  It is rather embarassing that I'm the one pointing out this crap.  I don't have a Harvard Law degree.  I'm not a life-long student of the Federal Judiciary or the Constitution.  I'm not an elected official (yet) in Congress with the ability to singlehandedly end the Supreme Court's, the "inferior Courts'," and the Federal Government's participation in the issue of abortion.
 
Can you imagine the uproar on the political left this would cause???  Man!!  Exciting just thinking about the prospect.
 
Article III, Section III pertains to treason.  Boring point as far as the present discussion is concerned, but my point is that Congress is given the Power to declare the Punishment of Treason and is mentioned to have such Power in the Judiciary's Article, not it's own.  Important point:  Every single section of the Judiciary's Article of the Constitution mentions the Legislative Branch having Power over it.
 
I imagine that, in addition to the whole "cousin" thing, that CJ Marshall didn't like the idea that "his" branch of government was "inferior" to the others.  Tough nails, Mr. Chief Justice--deal with it.
 
Now, contrast Article III with the current practice at play in the Federal Judiciary.  Who says what the Constitution means?  Well, just about every day, the 9th Circuit Court of Appeals does.  And somewhere between 40-60% of the time, when these decisions--or "opinions"--come before the Supreme Court on appeal, they are overturned.
 
Seems like a terrible waste of time to me.  Very inefficient, don't you think?
 
Now, by contrast, take a look at Article I of the Constitution of the United States of America.  Here are the only times that the Judiciary is even mentioned in Article I:
 
1.) Section 3, paragraph 6:  When the President is tried before the Senate under Articles of Impeachment, the Chief Justice of the supreme Court shall preside.
 
2.) Section 3, paragraph 7:  Impeached officials are liable under Law upon removal from office.  Law being that dirty little thing that is passed by the Legislative body and signed into Law by the Executive.  No mention of the Judiciary in the idea of 'Law."
 
3.) Section 8:  "Congress shall have Power...To constitute Tribunals inferior to the supreme Court."  Hmm...mentioned in both Articles.  Interesting, isn't it.  No mention of the Judiciary's Power to overturn Federal, much less State, Law (meaning Statutory).  But Congress has a double-dipper Power to set up "inferior Courts."  Interesting.
 
4.) Section 8:  "Congress shall have Power...To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of thte United States, or in any Department of Officer thereof."
 
Now, that sounds a lot like Judicial Review, except that Congress is granted this explicit Power, not the Supreme Court, and not the "inferior Courts."  I just love that term if you hadn't noticed.  Actually, I really like the fact that the Constitution does not mention the "supreme Court" in caps anywhere in the document.  Fascinating point to observe!!
 
There you have it--not one single mention of the Judiciary's Power over the Congress, the States, or the Constitution!!
 
That is such a bombshell thing to consider, I think that I shall state it once again!
 
NOWHERE IN THE CONSTITUTION IS THE JUDICIARY GRANTED ALL-POWERFUL 'POWERS,' BUT IN SEVERAL INSTANCES, THE JUDICIARY IS RESTRICTED FROM THE VERY POWERS IT ITSELF SAYS THAT IT HAS!!
 
Dumbfounding.  Where are the Conservatives, the Christians, and Republicans passing such a measure in Congress restricting the Federal Judiciary in issues pertaining to States' Rights like abortion...capitol punishment...segregation...slavery?  In every one of these cases, the nation would be far better off if Congress would "instruct" the Supreme Court and the "inferior Courts" to butt a stump!!
 
Commence to flame me if you desire, but make sure you are quoting the Constitution when you do so.  I have read Roe.  I have read Marbury v. Madison.  Judicial Review, if it exists, should be Legislated, not self-awarded.  More on that topic next time.
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States' Rights "Outdated"

Gotta love replies!  Thank you very much for the (right now!) few of you who have found me and taken the time to comment.

From Buzz:  "States' Rights is an Antiquated Notion

During colonial times and through the era of the war between the states, the concept had some merit, as means of communication and transportation made the distances between even neighboring states vast and daunting.  Separated by such distances and largely populated by people of like demographics, beliefs and thoughts, each state was, in essence, a separate, sovereign nation state with its own agenda.
In the 21st century, when communication is instantaneous and travel between any points in the country is almost immediate, nationwide conformity in laws is a concept whose time has come.
Of course, those laws have to recognize that individual rights reign supreme throughout the land and that no crme exists without the four necessary components of crime: 1) perpetrator, 2) victim, 3) demonstrable harm and/or loss, and 40 (an) act(s) of force and/or fraud."

From jjones 29:  "Agree silvertrombone (corrected:  silvertrombone is all lower case!)

I shared many of the same thoughts and quotes in my post!

http://savetheparty.townhall.com/g/a4e104ef-3add-4b49-aa23-c1425ab734c9 "

Thank you both for posting replies!  And I'm never against a shameless plug for someone who agrees with me!

First, Buzz, I make no assumptions about your education, intelligence, or political belief system.  However, from what you posted, you really need to go back and look at a couple of things:

1.) The Constitution of the United States of America, for one.  It is not the United States Constitution.  If you are listing Colonial era and War Between the States stuff to me, you get the difference.

The States wrote the thing.

The States ratified the thing.

The States have amended the thing many times since.  If you don't think the States run this show (or at least  should according to Article 5 and the 10th Amendment), you have a lot of re-reading to do.  Should have paid more attention in high school civics class.

2.) I highly recommend the Madison Notes, the very detailed transcripts taken by future President and "Father of the Constitution" James Madison of the deliberations of the delegates of the States to the Constitutional Convention of 1787 in Philadelphia.  It is interesting to see the Constitution come together day by day, passing first from the Articles of Confederation to the finished product that we still today call our Constitution.

3.) The Articles of Confederation.  Entertaining read.  Terrible system.

4.) I could be snotty and say go read the "Little Red Book," since that is what one national government would quickly devolve into, but we don't need to go that far.

Simple fact:  The States run this show.  At least in theory.  For you to say "States' Rights is Antiquated"  is many things, but factual it is not.

I love how you mention "Individual Rights" at the same time you blast "States' Rights."  At least you use the correct punctuation (States' with apostrophe signifying plural possessive).  Who exactly do you think will protect "Individual Rights?"  The Supreme Court?

Hmph.  You don't know history very well, either, I see.  Check out how many times the Judiciary has screwed things up.  You mentioned the war between the states (as opposed to the incorrectly titled term 'Civil War'--good for you, again!).  So why don't you explain to the kiddies at home about Dred Scott v. San(d)ford.  The Supreme Court couldn't even spell it right--why should we have expected them to get it right?

Talk about how, despite Dred being completely wrong, the ensuing war, the disastrous period of Reconstruction, three Constitutional Amendments, and the Civil Rights Act of 1878 (I didn't know about that one until doing research on that era!), the Supreme Court still mucked things up in Plessy v. Ferguson.

Yeah, yeah, Brown took care of that--60 years later!

Take a look at the rest of my blogs if you haven't done so already, and don't try to tell me about the necessity of one set of national laws--nobody in Washington or in their right mind believes that.  Not Sen. Hillary Clinton, not Sen. Barack Obama, not Mitt Romney, not Rudy Giuliani.

If these guys won't make that argument, who do you think you are to be doing so?  Please provide more of an argument than, "It's time for something else."

Great.  Then amend the Constitution.  That's how to get rid of States' Rights.  But beware, brother, when you start talking about repealing one of the Bill of Rights.  Talk about a slippery slope!

Amend it.

Repeal it.

Follow it.

But don't continue to ignore the Constitution of the United States of America.

Time to go back to history class, boys and girls, and the Internet sits at your full disposal!

http://www.yale.edu/lawweb/avalon/debates/debcont.htm
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Fairness Doctrine not so Fair When Applied to Political Blogs

 
This post should be titled "Hypocrisy," but that makes it kind of boring.  We're talking about Washington politics--what do we expect?
 
From the article linked above:  "While the complaint asserts that DailyKos advocates for the election of Democrats for federal office, the commission has repeatedly stated that an entity that would otherwise qualify for the media exemption does not lose its eligibility because it features news or commentary lacking objectivity or expressly advocates in its editorial the election or defeat of a federal candidate," the FEC said.
 
Translation:  It's alright for Liberal blogs to spout Democratic talking points and advocate the election of Democrats to Washington.  But start broadcasting Conservative talk radio and those Democratic Representatives will be expected to deliver the Fairness Doctrine.
 
The Fairness Doctrine basically asserts that one listener call-in or guest interview that spouts Conservative viewpoints must be balanced fairly by a caller or guest of the opposite, or Liberal, beliefs, no matter how utterly ridiculous that viewpoint may be.  It is a tool of many Democratic Representatives intended to stifle the perceived influence of Conservative talk radio on national politics and specific issues.
 
I should say "Democratic handlers."  Saying Democratic Representatives gives these people too much undeserved credit!
 
So what would the FEC say about talk radio?
 
Well, first, the Federal Elections Commission doesn't have jurisdiction--that would be the Federal Communications Commission.  So now we get to Cherry-pick which government entity supports the Democratic stance.  FEC says blogs aren't campaign-related, FCC says Fairness Doctrine is OK.  Well, at least the Democratic Congress does!
 
Just an observation.  See if you hear that on Conservative talk radio.
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States' Rights and the Topic of Gay Marriage

Did you hear? The new hot-butt(on) topic of humor this week is the Iowa County Judge who decided to overturn State Law banning gay marriage.

Sorry for the bit of washroom blow dryer humor there. Get it? "Press Butt(on)," but the 'on' is scratched out? Check out the hand blow dryer in any restroom. Maybe that's what Senator Craig was doing??

Anyways, a little bit of trivia, and if anyone is familiar with Iowa State Law and can inform us, please chime in. But my take on the Judiciary is that a lower level of the Judiciary is not able to overturn a higher level of Statutory Law, nor Judicial Precedent, for that matter.

This is an issue that warrants further discussion later, but for now, allow us to stick to my topic of choice, the Presidential candidates and their remarks on the topic.

Ironically, despite my earlier bashing of Sen. Hillary Clinton (D-N.Y.) on other States' Rights matters, the junior Senator from New York is the most clearly correct person on this topic, stating she favors civil unions "with full equality of benefits." But she said the question of same-sex marriage should be left up to the states. (AP)

Here, here--except for the civil unions part. Sorry, social conservative!

While Sen. Clinton and Sen. Barack Obama, nearly identical in their views on the topic, will differ from me in their support for civil unions, we are spot-on on the same page as far as States' Rights are concerned.

At least on this issue!

Now, I've made long-winded mention of Sen. Obama's and Sen. Clinton's Socialistic tendencies on the topic of income re-distribution, and their stances on taxpayer-funded, Socialized Healthcare Insurance is legendary. Not to mention other historical Democratic stalwart Socialistic issues that have performed so flawlessly as Socialized Housing, Socialized Welfare, et al. And we will discuss Social Security at length, I am sure.

But I must give credit when credit is due, and Sen. Clinton and Sen. Obama are on the right side, forgive that intended pun which would offend many on both sides of the political aisle! Now if only we could hear Republicans speaking out on the correct side of the Constitution.

That's right, I am calling out and calling on Republicans to take on the correct side of this issue. To say that a national Statute or Constitutional Amendment banning gay marriage is grossly inappropriate and, actually, unconstitutional itself.

Again, the 10th Amendment. "The powers not (I'll have this memorized one of these days!) delegated to the United States (meaning the Federal Government) by the Constitution, nor prohibited by it to the States, are reserved to the States respectively (meaning each for itself), or to the people."

Now, that last little phrase is one that I would expect to hear Liberals, Socialists, and Democrats bring up instead of some of the rhetoric that we hear them extol: "Or to the people."

Enter Sen. Clinton again, on the Ellen DeGeneres show, ironically. (Is she even still on the air?) "The states have always determined age of marriage, other conditions and over time we've gotten rid a lot of discrimination that used to exist in marriage laws," she said. "That's now happening. People are making decisions. Civil unions, marriage. They're deciding in the states and I think that's the appropriate place for that to be."

Well-stated. Again, except for the civil union stuff. But I fully support the rights of each State to decide for itself if it wants gay marriage banned, civil unions recognized, etc.

My state, for example, even went so far in 2004 as to state that gay marriages recognized elsewhere would not be recognized in Texas.

Fantastic! That is our right.

Now, what about "or to the people," you ask? Sen. Clinton? "The States have always determined age of marriage," etc. Key in on the word 'States.'

Sen. Clinton's remarks could easily have been in regards to murder and the death penalty, vehicular or corporate or banking laws, or a whole slew of other topics, and this general theme would be correct, because the Constitution says so!!

Trump card laid down. End of discussion.

Now, the same Associated Press article that I am quoting also went on to discuss States' Rights inconsistencies, at least on the Republican side of things.

Former Massachusetts Gov. Mitt Romney "is willing to generally leave it to states to decide how to set up health care coverage plans, he said it shouldn't be left to states to decide same-sex marriage issues."

Interestingly enough, writer Amy Lorentzen either didn't think to turn the question around on the Democrats, or she was relying on quotes to questions others asked since she wasn't actually present in 8 places at one time. And apparently, nobody was asking Sen. Clinton or Sen. Obama why they felt it was the Federal Government's business to delve into Socialized Healthcare Insurance but not gay marriage.

I guess that these candidates, Republican and Democrat alike, feel it is their prerogative to pick and choose which topics the 10th Amendment does and does not apply to.

When last I checked, the 10th Amendment mentions the Constitution. And it mentions the States. And, logically, when a State does not choose to Legislate an item, it, by default, automatically falls to the individual, also according to the 10th Amendment.

But nowhere in the 10th Amendment is there mention of the President, and therefore, candidates for the Presidency, having either the power or the responsibility for any of the issues listed herein.

In review, for Republicans that means no Federal oversight (including Judicial!) in gay marriage. For Democrats, the list is long and distinguished, but for matters pertaining to this blog, they include Socialized Healthcare Insurance, just about any other Federal Social program, including individual retirement accounts, also known as Social Security, and the Federal Judiciary's whippin' post issue of abortion, which once was, and always should have been, a States' Rights issue.

Wouldn't you like to see Amy Lorentzen asking that question of candidates?

Leave it to the States. Do you guys start to see why this is such a big issue for both Parties??
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Freeway Traffic Plan...Better Traffic and Economic Conditions

Let me tell you guys about something that I'm up to that is gaining some very big fans! I have been commuting on Interstate 35 East between Dallas and Denton, TX for the better part of 20 years.

First, it was going from the suburbs to various school events, mostly marching band stuff. Then it was to Denton and the University of North Texas for my undergrad degree. Then I moved to Denton and began commuting to Dallas for work. So I've gone both ways at both times of day...morning and evening, north and south.

A bit of history you probably don't know and definitely don't care about! I-35 E between Dallas and Denton is also State Highway 77. Prior to the construction of the Eisenhower System of Freeways in the 1950's, State Highways dominated non-local roadway traffic. Unfortunately, State Highways were not built to move traffic, but to pave roads! Here's what that means.

In Texas, for example, most of our original State Highways went directly through the County Square. Not a good idea! Here is the center of commerce and politics and law and order for the entire county, and it is also the center of road travel, too. Not too bad if you are going from the sticks (country) into town or from one County Seat to the next.

But imagine if you are traveling from Denton through Dallas and Austin on down to San Antonio. Impossible! You have no fewer than 4 of these County Squares to go through.

Imagine Austin traffic during rush hour!

Or imagine taking your local freeway and plopping a Wal Mart Supercenter and the County Jail down in the median side-by-side.

Paints an ugly picture, huh?

Well, fast-forward to the Eisenhower Freeway plan. Our modern freeways, in theory, only constrain the driver to stop when they need gasoline. You can travel from Shreveport to Dallas to San Antonio to Houston to New Orleans and back to Shreveport, and theoretically, the only times you would have to exit would be to take the ramp from I-20 to I-35 to I-10 to I-55, and to exit for gas.

Well, fast-forward again to the 21st Century. The Eisenhower plan did not take into account the growth in Interstate commerce dependent on this system of freeways, nor did it take into account the rise of the automobile as a commuter vehicle. Well, now we have these two problems, and we have to deal with them!

Well, that's exactly what I'm doing!

I-35 E from Denton to Dallas is actually very indicative of several other freeways in the Dallas-Ft Worth region, and others state-wide, and in other national metropolitan regions. So the problems are pretty well universal, and so are the solutions.

And they won't cost an arm and a leg, either! Now, re-designing a freeway and re-building it are pricey, but what I am proposing deals with very little new pavement, by comparison.

For example, my plan involving the approximately 35 miles from just north of downtown Dallas to Denton calls for only one new entrance ramp being built.

That's it! Oh, and a whole bunch of new concrete barricades. You know, the kind that separates construction lanes from traffic lanes? Lot's of those.

The plan is very simple, really, and has been verified as very observant and extremely accurate. And I suspect based on those assessments that it actually will be as good and effective as I am billing it to be.

The basic premisee is this: That freeway traffic should be treated as paramount, even if at the expense of crossing streets, side streets, and service/access roads. On my alpha stretch of freeway, there is a recurring problem present known as the "Diamond" formation.

Now, when I heard diamond formation, I thought baseball and wedding rings. No such luck.

A diamond formation in freeway terms refers to the presence of an entrance ramp to the freeway and an exit ramp to the service road, in that order, between each major crossing street.

The problem is this: That traffic is getting over into the right lane to exit the freeway at the same time that the entering traffic is introduced to the right lane. This causes massive back-up in the right lane which causes additional back-up in the other lanes.

Try this in your communte tomorrow morning--see if you can find even one instance of this in your morning commute tomorrow. Inbound or outbound--same problem!

As it has been explained to me, access to anwhere from anywhere seemed to be the goal of this design. Unfortunately, somebody didn't carry out to the extreme levels of traffic that we have today their model used to justify such an inferior design.

My proposal for I-35 E is simple. I am proposing that selective entrance ramps and exit ramps be closed and blocked off. In the case of closed entrance ramps, traffic will be re-directed to the next entrance ramp. For exit ramps, they will simply be re-directed to the previous exit ramp.

The reason for this order is simple: This forces traffic off the freeway before introducing new traffic to the freeway. Simple idea, right? Freeway? Free-flow of traffic on the way to its destination?

The idea is so simple that it is missed by millions of drivers every day. Think about it. You have the same back-up at the same place nearly every day, but it is a different car each day, and almost always within 100 feet of the same place each day, right? Same on your freeway as mine!

But we choose to shoot the birdie, talk to our fellow drivers, and quite frequently shout obsceneties at them as if it were their fault that some engineer in 1956 designed a freeway that is complely outdated now. Hmm.

Well, be of good cheer! For somebody is doing something about the situation!

I am in contact with the Texas Governor's office, the Executive Director's office of the Texas Department of Transportation, the local government coalition, and even my Congressman, whom I will be meeting with next week. The local government group's traffic division is very impressed with my suggestions, and I anticipate additional meetings between TXDOT, the locals, and myself in coming weeks.

I am also contacting the Department of Transportation in another state regarding a metropolitan area that ranks in the 10 largest in the nation and has a reputation as one of the worst in traffic delays in the nation! I hope to discuss applicability of my plans to their local freeways.

That's where the Congressman comes in. And if things progress, don't be surprised to hear about yours truly on the nightly news testifying before the Transportation Committees of the Congress of the United States.

And if that happens, don't be surprised to see drastic reductions to your commute time and traffic delays PDQ after that.

Well, except for the whole bureacracy thing. Still have to cut through that, huh?

Best wishes to us all. And if you catch me in line at Starbucks, feel free to offer to pay for my Grande Caramel Macchiato. I'll let you, and even say, "Thank you!"
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History Made...Natural and Bureacratic!

When was the last time you heard economic figures released from the government? Friday? Monday? Last week? Last month?

The United States Department of Labor, the Commerce Department, the Treasury Department and a whole slew of other University, Wall Street and government release figures on a monthly and quarterly basis measuring the key, and not so key, measures that each is charged with monitoring. This information impacts interest rates, the stock market, yes, even the price of tea in China!

But what time period did that information cover? I mean, if the information that you heard reported was released on Monday, was it for the month of July 2007, the previous full month?

Most likely no.

Most information released by the government covered a period several months in the past, and some is final information even more distant into the past.

For example, it is not uncommon to hear economic news released to the national media on any particular day in the third quarter (July, August, September) that covers 1st quarter (January, February, March) of that year or even the 4th quarter (October, November, December) of the previous year. And final economic figures often take much longer to be, well, finalized.

Remember the dot.com bubble bursting? The company that I worked for in early 2000 was experiencing a very nice spring sales season. We manufactured and retailed wooden playsets for children's back yards. Well, our busy season was usually from March through June. That year January and February were really good months and March through June were fabulous. But the rest of the year was terrible!

It turns out that in 2002, after I had started my MBA program, economic data was released that showed that the economy had taken a downturn in exactly March of 2000. Remembering back to our great spring and the rest of 2000 being awful, I completely agreed with that assessment, even though it was more than two years after the fact!

This is actually not a blog that has to do with the economy. It has to do with global warming and the governmental bureacracy's tendency towards slow reporting when compared with yesterday's news that Friday, August 17, 2007 was "a(n) historic day."

You see, on September 21, 2005, sea ice in the Arctic Ocean covered 2.05 million square miles of the ocean's surface and yesterday that amount had receded to 2.02 millionn square miles, a new record low.

A couple of things first. One, the difference between "2.05 million" and "2.02 million" is 30,000--as in 30,000 square miles. Roughly equivalent to the State of Maine.

Now, this might not be of great concern to most of you, but I am rather concerned that at this rate of one Maine every two years we might lose one Texas by approximately the year 2024. Sea ice. North Pole. Texas. See my cause for concern??

But while history was being made on the global war against global warming, an even more startling occurence took place.

The government reported such a startling and alarming event...on the very day that it happened!

Now, say what you will about pre-existing agendas altering the manner and speed with which information was observed, analyzed, reported and such. I think that the National Snow and Ice Data Center is onto something here and should be commended!

You think that I make this up: National Snow and Ice Data Center! See for yourselves:

http://news.yahoo.com/s/ap/20070818/ap_on_sc/low_ice

You can't buy comedy relief like this, folks.

I have to say that it is amazing that someone would make such a big deal about such a relatively small chunk of ice. Here is what I mean.

We know that over the last 10,000 or so years that the earth has warmed from a state of what was then known as the Ice Age to the balmy conditions that we now enjoy. Poor Northern California--they've only been able to start surfing in the last 50 centuries or so!

Just think, if the Mormons are right and Jesus hopped over to the New World before gliding off to Heaven on a cloud, he could have stopped by Santa Cruz and caught a wave first. Might have been kind of hard dodging all the sea ice, but the Bible tells us that he passed through a wall when He appeared to the Disciples in the upper room, so me thinks an iceberg wouldn't be that big of a deal!

So 12,000 years ago, big glaciers stretching down into North America and Europe.

Today, we just lost Maine, folks.

Does this news really surprise anybody in the listening audience??

Recap: The earth's atmosphere has been warming for 100 centuries. The Arctic ice shelf is shrinking. And Friends just took one of Seinfeld's nights in the re-runs.

WHO CARES!?!?

But the government finally learned how to disseminate information in a timely manner. This, I believe, is worthy news and worthy of conversation.
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