Via Malkin.
Hugh Hewitt is suggesting a Blogger Relief Day for the citizens of New Orleans.
Check out his blog for more details.
Tuesday, August 30, 2005
Monday, August 22, 2005
So long, private property rights
I meant to post this earlier, but an emergency trip to New Orleans got in the way.
It seems our government has decided that citizens do not have the right to defend their property. In the case outlined below, a court ruled that a ranch owner had to surrender his property to illegal immigrants. Let's see what NYT has to say about it:
It seems our government has decided that citizens do not have the right to defend their property. In the case outlined below, a court ruled that a ranch owner had to surrender his property to illegal immigrants. Let's see what NYT has to say about it:
August 19, 2005
Two Illegal Immigrants Win Arizona Ranch in Court Fight
By ANDREW POLLACK
DOUGLAS, Ariz., Aug. 18 - Spent shells litter the ground at what is left of the firing range, and camouflage outfits still hang in a storeroom. Just a few months ago, this ranch was known as Camp Thunderbird, the headquarters of a paramilitary group that promised to use force to keep illegal immigrants from sneaking across the border with Mexico.
Now, in a turnabout, the 70-acre property about two miles from the border is being given to two immigrants whom the group caught trying to enter the United States illegally.
The land transfer is being made to satisfy judgments in a lawsuit in which the immigrants had said that Casey Nethercott, the owner of the ranch and a former leader of the vigilante group Ranch Rescue, had harmed them.
"Certainly it's poetic justice that these undocumented workers own this land," said Morris S. Dees Jr., co-founder and chief trial counsel of the Southern Poverty Law Center in Montgomery, Ala., which represented the immigrants in their lawsuit.
Mr. Dees said the loss of the ranch would "send a pretty important message to those who come to the border to use violence."
The surrender of the ranch comes as the governors of Arizona and New Mexico have declared a state of emergency because of the influx of illegal immigrants and related crime along the border.
Bill Dore, a Douglas resident briefly affiliated with Ranch Rescue who is still active in the border-patrolling Minuteman Project, called the land transfer "ridiculous."
"The illegals are coming over here," Mr. Dore said. "They are getting the American property. Hell, I'd come over, too. Get some American property, make some money from the gringos."
The immigrants getting the ranch, Edwin Alfredo Mancía Gonzáles and Fátima del Socorro Leiva Medina, could not be reached for comment. Kelley Bruner, a lawyer at the law center, said they did not want to speak to the news media but were happy with the outcome.
Ms. Bruner said that Mr. Mancía and Ms. Leiva, who are from El Salvador but are not related, would not live at the ranch and would probably sell it. Mr. Nethercott bought the ranch in 2003 for $120,000.
Mr. Mancía, who lives in Los Angeles, and Ms. Leiva, who lives in the Dallas area, have applied for visas that are available to immigrants who are the victims of certain crimes and who cooperate with the authorities, Ms. Bruner said. She said that until a decision was made on their applications, they could stay and work in the United States on a year-to-year basis.
Mr. Mancía and Ms. Leiva were caught on a ranch in Hebbronville, Tex., in March 2003 by Mr. Nethercott and other members of Ranch Rescue. The two immigrants later accused Mr. Nethercott of threatening them and of hitting Mr. Mancía with a pistol, charges that Mr. Nethercott denied. The immigrants also said the group gave them cookies, water and a blanket and let them go after an hour or so.
The Salvadorans testified against Mr. Nethercott when he was tried by Texas prosecutors. The jury deadlocked on a charge of pistol-whipping but convicted Mr. Nethercott, who had previously served time in California for assault, of gun possession, which is illegal for a felon. He is now serving a five-year sentence in a Texas prison.
Mr. Mancía and Ms. Leiva also filed a lawsuit against Mr. Nethercott; Jack Foote, the founder of Ranch Rescue; and the owner of the Hebbronville ranch, Joe Sutton. The immigrants said the ordeal, in which they feared that they would be killed by the men they thought were soldiers, had left them with post-traumatic stress.
Mr. Sutton settled for $100,000. Mr. Nethercott and Mr. Foote did not defend themselves, so the judge issued default judgments of $850,000 against Mr. Nethercott and $500,000 against Mr. Foote.
Mr. Dees said Mr. Foote appeared to have no substantial assets, but Mr. Nethercott had the ranch. Shortly after the judgment, Mr. Nethercott gave the land to his sister, Robin Albitz, of Prescott, Ariz. The Southern Poverty Law Center sued the siblings, saying the transfer was fraudulent and was meant to avoid the judgment.
Ms. Albitz, a nursing assistant, signed over the land to the two immigrants last week.
"It scared the hell out of her," Margaret Pauline Nethercott, the mother of Mr. Nethercott and Ms. Albitz, said of the lawsuit. "She didn't know she had done anything illegal. We didn't know they had a judgment against my son."
This was not the first time the law center had taken property from a group on behalf of a client. In 1987, the headquarters of a Ku Klux Klan group in Alabama was given to the mother of a boy whose murder was tied to Klansmen. Property has also been taken from the Aryan Nations and the White Aryan Resistance, Mr. Dees said.
Joseph Jacobson, a lawyer in Austin who represented Mr. Nethercott in the criminal case, said the award was "a vast sum of money for a very small indignity." Mr. Jacobson said the two immigrants were trespassing on Mr. Sutton's ranch and would have been deported had the criminal charges not been filed against Mr. Nethercott.
He criticized the law center for trying to get $60,000 in bail money transferred to the immigrants. While the center said the money was Mr. Nethercott's, Mr. Jacobson said it was actually Ms. Nethercott's, who mortgaged her home to post bail for her son.
Mr. Nethercott and Mr. Foote had a falling out in 2004, and Mr. Foote left Camp Thunderbird, taking Ranch Rescue with him. Mr. Nethercott then formed the Arizona Guard, also based on his ranch.
In April, Mr. Nethercott told an Arizona television station, "We're going to come out here and close the border with machine guns." But by the end of the month, he had started his prison sentence.
Now, only remnants of Camp Thunderbird remain on his ranch, a vast expanse of hard red soil, mesquite and tumbleweed with a house and two bunkhouses. One bunkhouse has a storeroom containing some camouflage suits, sleeping bags, tarps, emergency rations, empty ammunition crates, gun parts and a chemical warfare protection suit.
In one part of the ranch, dirt is piled up to form the backdrop of a firing range. An old water tank, riddled with bullet holes, is on its side. A platform was built as an observation post on the tower that once held the water tank.
Charles Jones, who was hired as a ranch hand about a month before Mr. Nethercott went to prison, put up fences and brought in cattle to graze. He has continued to live on the property with some family members.
But now the cattle are gone, and Mr. Jones has been told that he should prepare to leave. "It makes me sick I did all this work," he said.
Ms. Nethercott said she was not sure whether her son knew that his ranch was being turned over to the immigrants, but that he would be crushed if he did.
"That's his whole life," she said of the ranch. "He'd be heartbroken if he lost it in any way, but this is the worst way."
Thursday, August 18, 2005
Rubbing salt into the wounds
This past June saw a gross travesty of justice known as Kelo v. New London handed down to us by the Supreme Court. In accordance with Kelo, local government may now seize private property and give it to whomever they damn well please, so long as they do it under the vaguely defined guise of "public good." In this case, "public good" translates into "more tax revenue."
To make matters worse for the plaintiffs in the Kelo lawsuit, the city of New London is charging them rent dating back to the time the land was condemned, going all the way back to 2000.
To make matters worse for the plaintiffs in the Kelo lawsuit, the city of New London is charging them rent dating back to the time the land was condemned, going all the way back to 2000.
'I'd leave here broke'
Chutzpah is a Yiddish word meaning brazen arrogance. The cliché example is a man who murders his parents and then begs a judge for mercy because he is an orphan.
The city of New London, Conn., deserves a chutzpah award. In 2000, it condemned 15 homes so a developer could build offices, a hotel and convention center. Susette Kelo and her neighbors spent years in a legal battle that culminated in June, when the
U.S. Supreme Court ruled 5-4 against them.
That was painful enough. But while the homeowners were battling in court, New London was calculating how much "rent" they owe for living in the houses they were fighting to save. (The city's development corporation gained title to the homes when it condemned them, though the owners refused to sell and haven't collected a cent.)
The homeowners could soon be served with eviction notices, which is justified by the court ruling. But the rent is something else. For some, it comes to hundreds of thousands of dollars. Kelo, whose name is on the landmark case, could owe $57,000. "I'd leave here broke," she told the Fairfield County Weekly. "I could probably get a large-size refrigerator box and live under the bridge."
In a letter to the homeowners' lawyer a year ago, the development corporation justified its behavior by saying, "We know that your clients did not expect to live in city-owned property for free."
Well, they might have expected not to be bullied for exercising their right to be heard in court.
News of the city's heavy handed tactics should add to the unusual national backlash that has followed the Supreme Court's ruling. The court said state and local governments can seize homes, not just for a public purpose such as building roads or schools, but also for someone else's private profit if the city's economic future is at issue.
The court said states can curtail abuses, and legislatures have rushed to do that. Delaware and Alabama passed laws barring the taking of private property for economic development. Similar measures are pending in eight other states and Congress.
The bills have created some strange alliances. Conservatives worry about the loss of property rights. Liberals say the seizures amount to corporate welfare at the expense of low- and middle-income homeowners who lack the power to fight City Hall.
In response, Connecticut Gov. M. Jodi Rell is urging a compromise that would preserve the homes of Kelo and her neighbors.
Unless that happens, they will be evicted - with a rent due. Talk about chutzpah.
Wednesday, August 17, 2005
Thanks, everyone
First of all, I would like to thank everyone for their well-wishes, support, and prayers regarding my sister.
Sadly, they have all been in vain.
After a series of bone scans, CAT scans, and MRI's, we have learned the true extent of the spread of cancer. In addition to the breast cancer and the bone cancer, which we already know about, there have been additional complications. The cancer has spread to the lymphatic system, to the spinal cord, and to the liver. According to the doctors, the prognosis is terminal. At this point, it's just a matter of time.
-Vic
Sadly, they have all been in vain.
After a series of bone scans, CAT scans, and MRI's, we have learned the true extent of the spread of cancer. In addition to the breast cancer and the bone cancer, which we already know about, there have been additional complications. The cancer has spread to the lymphatic system, to the spinal cord, and to the liver. According to the doctors, the prognosis is terminal. At this point, it's just a matter of time.
-Vic
Apologies
I would like to apologize for the sparcity of posts lately - especially on my end. Between work, school, and what seems like one family crisis after another, some things just had to be put on the back burner. Sadly, this blog is one of those things I had to put aside for the time being. Even my own blog has suffered from very light posting.
Rest assured, things will be returning to some semblence of normalcy in the very near future. Thanks for your patience.
-Vic
Rest assured, things will be returning to some semblence of normalcy in the very near future. Thanks for your patience.
-Vic
Monday, August 08, 2005
Kelo's Implications Are Horrendous
Interesting commentary from Paul Craig Roberts on further potential dangers of the Kelo decision. Cross posted at the Liberty Zone.
Here's an exerpt:
Here's an exerpt:
In 1981, General Motors used eminent domain against the Detroit ethnic suburb of Poletown. To make space for a GM assembly plant, 1,400 homes, 140 businesses and several churches were destroyed. Today, the exemplar of this practice is Wal-Mart.
What if Poletown had been a Chrysler plant that GM wanted to eliminate as a competitor? Under the Kelo ruling, if GM could show that its cars are more successful and produce higher taxable profits than Chrysler's, and the eminent domain authority is not in Chrysler's pocket, GM could prevail.
Today, Toyota, for example, could seek to condemn Ford's River Rouge plant, which is known to be largely obsolete, in order to obtain the site for its own economic use. There appears to be nothing in Kelo to prevent this outcome.
Note some of the implications: According to economic theory, monopoly profits are higher than competitive profits. Kelo becomes a way to get around antitrust laws and increase concentration in the name of public benefit.
Tuesday, August 02, 2005
Dis Me Getting All Huhu
The 9th Circuit Court of Appeals has just reversed a 1993 Federal Court ruling which upheld the right of Kamehameha Schools to admit only ethnic Hawaiian students. According to the 9th Circuit Court, the Hawaiians only policy represents unlawful racial discrimination.
I disagree, but not for the reasons you might think.
Some people feel that ethnic Hawaiians, like many indigenous people, Native Americans, etc., are entitled to a break. The Kamehameha Schools represent a relatively low cost, high quality option for a people who were exploited in the past and may not have had many options. Arguably, that was true when Princess Bernice Pauahi Bishop founded the schools to meet a specific need within a specific historical context. Whether it remains true in modern times is a debate that I'm reallly not interested in.
Moreover, many would argue that opportunities exist for non-Hawaiian students in Hawaii which are just as valid. Case in point is the equally prestigious Punahou School, which is open to all ethnic groups on Oahu and in the past has been an opportunity for folks who were neither native Hawaiians nor of white missionary stock. These days they will give special consideration to ethnic Hawaiians, but are equal opportunity, according to their website. Again, That's not a debate that I care to address.
I mean really, I'm a brat which means my haole ass went to Radford, so screw 'em. ;)
But that's not what bothers me. What bothers me is that Kam is a private school. Did you catch that? I said private, son! And as a private school they ought to be able to admit whoever the hell they want to admit for whatever reason they see fit. They should be able to hang a big sign in front of their Kapalama Campus that says "Kanakas only! All Haoles, Pakes, BukBuks, Portugee, Japanee, and Popolos stay away and sully us not with your non-ethnic-Hawaiian stench," should they choose to do so. Granted that would be overtly racist and bad for enrollment, but as a private school they at least should have the legal right to do so.
Since when does a Federal court get to tell a private organization what to do? That's what this really boils down to. If it were a public school such as Radford, McKinney, or Castle (all considered good schools on the island, at least as far as public schools go), that'd be a different story.
This is not Brown V. Board.
Is there an inverse to taxation without representation? Because that's what this sounds like. The Kam schools are funded partially by tuition, for which financial aid is available, partially by money from Princess Pauahi's estate, and partially by lease revenue, as the Kam Schools represent the largest private landowner in the State of Hawaii. So taxpayers didn't pay for this, but the Government (through the 9th Circuit Court) is going and tell them how to run things anyway? What's that about?
So do we now as citizens no longer have the right to determine how our private money is spent?
EDIT: As I was posting this, a coworker came up and saw "Kamehameha" highlighted in blue and asked me if I was writing about Dragonball Z. Apparently, there is a character in Dragonball Z named Kamehameha and my coworker goes, "you mean there's a Kamehameha besides the one in Dragonball Z?" This was a grown man that asked me this!
Fuck!
No wonder our rights are being taken away. We are too damned culturally illiterate to know a damn thing about anything!
I disagree, but not for the reasons you might think.
Some people feel that ethnic Hawaiians, like many indigenous people, Native Americans, etc., are entitled to a break. The Kamehameha Schools represent a relatively low cost, high quality option for a people who were exploited in the past and may not have had many options. Arguably, that was true when Princess Bernice Pauahi Bishop founded the schools to meet a specific need within a specific historical context. Whether it remains true in modern times is a debate that I'm reallly not interested in.
Moreover, many would argue that opportunities exist for non-Hawaiian students in Hawaii which are just as valid. Case in point is the equally prestigious Punahou School, which is open to all ethnic groups on Oahu and in the past has been an opportunity for folks who were neither native Hawaiians nor of white missionary stock. These days they will give special consideration to ethnic Hawaiians, but are equal opportunity, according to their website. Again, That's not a debate that I care to address.
I mean really, I'm a brat which means my haole ass went to Radford, so screw 'em. ;)
But that's not what bothers me. What bothers me is that Kam is a private school. Did you catch that? I said private, son! And as a private school they ought to be able to admit whoever the hell they want to admit for whatever reason they see fit. They should be able to hang a big sign in front of their Kapalama Campus that says "Kanakas only! All Haoles, Pakes, BukBuks, Portugee, Japanee, and Popolos stay away and sully us not with your non-ethnic-Hawaiian stench," should they choose to do so. Granted that would be overtly racist and bad for enrollment, but as a private school they at least should have the legal right to do so.
Since when does a Federal court get to tell a private organization what to do? That's what this really boils down to. If it were a public school such as Radford, McKinney, or Castle (all considered good schools on the island, at least as far as public schools go), that'd be a different story.
This is not Brown V. Board.
Is there an inverse to taxation without representation? Because that's what this sounds like. The Kam schools are funded partially by tuition, for which financial aid is available, partially by money from Princess Pauahi's estate, and partially by lease revenue, as the Kam Schools represent the largest private landowner in the State of Hawaii. So taxpayers didn't pay for this, but the Government (through the 9th Circuit Court) is going and tell them how to run things anyway? What's that about?
So do we now as citizens no longer have the right to determine how our private money is spent?
EDIT: As I was posting this, a coworker came up and saw "Kamehameha" highlighted in blue and asked me if I was writing about Dragonball Z. Apparently, there is a character in Dragonball Z named Kamehameha and my coworker goes, "you mean there's a Kamehameha besides the one in Dragonball Z?" This was a grown man that asked me this!
Fuck!
No wonder our rights are being taken away. We are too damned culturally illiterate to know a damn thing about anything!
Wednesday, July 27, 2005
23 Days Late
(Cross-Posted at Memento Moron)
I have for some time found myself at a loss as to which modern American political movement closest matches my own beliefs, political views, and philosophies. I understand that it is more and more common, as well as admirable, for individuals to eschew party names or other labels in favor of voting their conscience. While this is an excellent way of applying your beliefs to your voting habits and to choices you make that affect political outcomes, it can become time-consuming in discussions to have to explain just what your beliefs are. Thus, it is often more efficient to identify yourself with a particular party or movement in general, and divulge any variations from that norm only when they are germane to the conversation. This becomes more problematic the more eclectic ones beliefs, I suppose. But I digress. Well, only just a little. The point is that while I find myself agreeing quite frequently with particular parties or movements, there have been numerous occasions where I’ve had to make exceptions to my support or agreement.
Over the course of the last year (wow, I’ve been doing this a year!), while expressing my own views on this blog, I’ve read the comments by my readers, and I’ve read other blogs and the comments by their readers, and in doing so, have learned more about politics and political theories and history than I ever knew before. And while I’m still a novice in such things, I feel confident in saying that I now understand my OWN political views better.
There was a time when I was a staunch modern conservative. This was as a very young person, and was mostly influenced by my family upbringing. During my college and early adult years, I was strongly influenced by opinions and attitudes within the culture of Christian Missionaries, which is what I aspired to be. This led to an odd mix of beliefs all based on what I perceived to be sound biblical doctrine, and I suppose you could say I was socially conservative, fiscally liberal, and a dove with regard to foreign policy. The High Water Mark for my adherence to these positions was in
Churchill’s comment about the effects of age on ones politics certainly rang true in my case, and as time wore on and I began to think out certain positions I held, I grew more hawkish and more fiscally conservative. On social issues, I found myself growing more conservative on some points and more liberal or moderate on others. Eventually I found myself once again firmly in what I believed to be the Republican camp (and, to be honest, that is the way I usually vote), though I found, and find, myself more in agreement with libertarians on some issues.
From there my understanding of my own views evolved to the point where I considered my self a constitutionalist. I believed, and for the most part still believe, that the Constitution was and should be the final benchmark for law in the United States.
But recently I found myself challenged – not to question my belief in the Constitution, but to question its exact place in my political philosophy. As I mentioned in an essay early on in my blogging days, my political views are still guided by my religious beliefs, as horrifying as that might be to some. The First Amendment was established, I believe, not to prevent an individual’s religious beliefs from having ANY effect on that individual’s political views, but rather to prevent organized religion from dictating public policy, and to prevent government from dictating religious doctrine. Therefore, I reject the Separation of Church and Brain.
This has put me in a dilemma with regards to my stance as a constitutionalist on several occasions, the most notable of which was the Schiavo case. Without launching into a separate debate on the merits of that case, for the purpose of THIS discussion, it must suffice that I believed I was helping to defend an innocent life in taking the stand I did on that occasion. In doing so, and in actively following the blogosphere’s discussion of the case, I was challenged by a post by Naked Villainy’s Smallholder, questioning the depth of commitment to the Constitution of Republican congressmen who were interfering in the case; and the depth of commitment to the Constitution of conservatives in general by their approval of these actions.
And while I’m not sure he was 100% right (not being as much of an expert in the Constitution as I am a believer), he did have a point, one I had to consider and finally concede, at least on my own behalf. In this case, I had to admit, I was willing to waver in my commitment to the constitution in order to remain firm in my commitment to defending life. I found myself further troubled when confronting the argument that the Federal Government was acting unconstitutionally in waging the Civil War, a war I believe achieved great good. This put me, you can imagine, in the unenviable position of once again needing to readjust exactly how I represented myself politically. Eventually I concluded that I still considered myself a constitutionalist, but what I call a Means Constitutionalist, as opposed to an Ends Constitutionalist. By that, of course, I mean that I believe that adherence to the Constitution is NOT the highest end of American Law, but rather, that the Constitution itself is the greatest means by which we strive to the highest ends of American Law. And what is that highest end?
For a very long time, in fact, ever since the days when I was an anti-abortion socialist-leaning pacifist, I held firm to a belief that in arguing the constitutional merits of any given policy or law, modern politicians were overlooking the importance of the Preamble to the Constitution. It was, and is, my belief that within the Preamble, the framers laid out exactly what end they intended to achieve, and in the rest of the Constitution, expounded on how to achieve it.
These are the ends of Law in the United States, and of the Constitution itself: Union, Justice, Domestic Tranquility, Common Defense, General Welfare, and Liberty. Any law that opposes those ends, whether technically adherent to the rest of the Constitution or not, should be opposed. Any law that promotes those ends, whether technically adherent to the rest of the Constitution or not, should be supported. The former should be rendered unconstitutional as quickly as possible, the latter rendered constitutional. But if the day ever comes when the Constitution ceases to uphold those ends, I will cease to be a constitutionalist. In short, my loyalty to the Constitution and to the United States is conditional upon their loyalty to the principles upon which they were founded.
How can I say such a thing? Sedition! Well, not yet. But sadly, the day may come when my words above would be seditious. So be it. For this belief of mine is based on another set of words that were, when coined, equally seditious. But you just said that the Constitution is the final authority on what the ends of our law are! No, I said that the Constitution, or specifically the Preamble, expresses what those ends ARE, and the rest of the Constitution expounds on how they’re to be achieved, but it is not the final AUTHORITY on what they are. Well, then, what or who is? I am. You are. We all are, individually and collectively.
It’s simple, really. With regards to the end of American government, the Constitution addresses almost all of the most important “5W/H” questions:
Who?
We the People of the United States
What?
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,
Where?
Philadelphia
When?
done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven
How?
do ordain and establish this Constitution for the United States of America.
Notice the glaring omission?
Why?
At first blush, I thought that that was what the preamble was about. But I came to believe that the preamble explains WHAT we are setting out to do. But why do we want to form this more perfect union? Why bother creating this finely crafted, well-thought out document?
I finally concluded that the reason WHY, the authority and motivation behind the Constitution, could be found in a document several years older than the Constitution. And I have come to view THIS document as the authority on which rests the constitution. Of course, I am referring to the Declaration of Independence. Specifically, I believe the foundational concept, the authority upon which rests the entire US Constitution and government, is expressed in the following clause from the Declaration:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed...
...That’s it. That’s why we have a constitution, why we have THIS constitution. And the rest of that clause goes on to explain why I think it right and proper and altogether fitting to hold to the position I do, which is that I am a constitutionalist only as long as the Constitution achieves this end. Because I believe…
...That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
I have for some time found myself at a loss as to which modern American political movement closest matches my own beliefs, political views, and philosophies. I understand that it is more and more common, as well as admirable, for individuals to eschew party names or other labels in favor of voting their conscience. While this is an excellent way of applying your beliefs to your voting habits and to choices you make that affect political outcomes, it can become time-consuming in discussions to have to explain just what your beliefs are. Thus, it is often more efficient to identify yourself with a particular party or movement in general, and divulge any variations from that norm only when they are germane to the conversation. This becomes more problematic the more eclectic ones beliefs, I suppose. But I digress. Well, only just a little. The point is that while I find myself agreeing quite frequently with particular parties or movements, there have been numerous occasions where I’ve had to make exceptions to my support or agreement.
Over the course of the last year (wow, I’ve been doing this a year!), while expressing my own views on this blog, I’ve read the comments by my readers, and I’ve read other blogs and the comments by their readers, and in doing so, have learned more about politics and political theories and history than I ever knew before. And while I’m still a novice in such things, I feel confident in saying that I now understand my OWN political views better.
There was a time when I was a staunch modern conservative. This was as a very young person, and was mostly influenced by my family upbringing. During my college and early adult years, I was strongly influenced by opinions and attitudes within the culture of Christian Missionaries, which is what I aspired to be. This led to an odd mix of beliefs all based on what I perceived to be sound biblical doctrine, and I suppose you could say I was socially conservative, fiscally liberal, and a dove with regard to foreign policy. The High Water Mark for my adherence to these positions was in
Churchill’s comment about the effects of age on ones politics certainly rang true in my case, and as time wore on and I began to think out certain positions I held, I grew more hawkish and more fiscally conservative. On social issues, I found myself growing more conservative on some points and more liberal or moderate on others. Eventually I found myself once again firmly in what I believed to be the Republican camp (and, to be honest, that is the way I usually vote), though I found, and find, myself more in agreement with libertarians on some issues.
From there my understanding of my own views evolved to the point where I considered my self a constitutionalist. I believed, and for the most part still believe, that the Constitution was and should be the final benchmark for law in the United States.
But recently I found myself challenged – not to question my belief in the Constitution, but to question its exact place in my political philosophy. As I mentioned in an essay early on in my blogging days, my political views are still guided by my religious beliefs, as horrifying as that might be to some. The First Amendment was established, I believe, not to prevent an individual’s religious beliefs from having ANY effect on that individual’s political views, but rather to prevent organized religion from dictating public policy, and to prevent government from dictating religious doctrine. Therefore, I reject the Separation of Church and Brain.
This has put me in a dilemma with regards to my stance as a constitutionalist on several occasions, the most notable of which was the Schiavo case. Without launching into a separate debate on the merits of that case, for the purpose of THIS discussion, it must suffice that I believed I was helping to defend an innocent life in taking the stand I did on that occasion. In doing so, and in actively following the blogosphere’s discussion of the case, I was challenged by a post by Naked Villainy’s Smallholder, questioning the depth of commitment to the Constitution of Republican congressmen who were interfering in the case; and the depth of commitment to the Constitution of conservatives in general by their approval of these actions.
And while I’m not sure he was 100% right (not being as much of an expert in the Constitution as I am a believer), he did have a point, one I had to consider and finally concede, at least on my own behalf. In this case, I had to admit, I was willing to waver in my commitment to the constitution in order to remain firm in my commitment to defending life. I found myself further troubled when confronting the argument that the Federal Government was acting unconstitutionally in waging the Civil War, a war I believe achieved great good. This put me, you can imagine, in the unenviable position of once again needing to readjust exactly how I represented myself politically. Eventually I concluded that I still considered myself a constitutionalist, but what I call a Means Constitutionalist, as opposed to an Ends Constitutionalist. By that, of course, I mean that I believe that adherence to the Constitution is NOT the highest end of American Law, but rather, that the Constitution itself is the greatest means by which we strive to the highest ends of American Law. And what is that highest end?
For a very long time, in fact, ever since the days when I was an anti-abortion socialist-leaning pacifist, I held firm to a belief that in arguing the constitutional merits of any given policy or law, modern politicians were overlooking the importance of the Preamble to the Constitution. It was, and is, my belief that within the Preamble, the framers laid out exactly what end they intended to achieve, and in the rest of the Constitution, expounded on how to achieve it.
These are the ends of Law in the United States, and of the Constitution itself: Union, Justice, Domestic Tranquility, Common Defense, General Welfare, and Liberty. Any law that opposes those ends, whether technically adherent to the rest of the Constitution or not, should be opposed. Any law that promotes those ends, whether technically adherent to the rest of the Constitution or not, should be supported. The former should be rendered unconstitutional as quickly as possible, the latter rendered constitutional. But if the day ever comes when the Constitution ceases to uphold those ends, I will cease to be a constitutionalist. In short, my loyalty to the Constitution and to the United States is conditional upon their loyalty to the principles upon which they were founded.
How can I say such a thing? Sedition! Well, not yet. But sadly, the day may come when my words above would be seditious. So be it. For this belief of mine is based on another set of words that were, when coined, equally seditious. But you just said that the Constitution is the final authority on what the ends of our law are! No, I said that the Constitution, or specifically the Preamble, expresses what those ends ARE, and the rest of the Constitution expounds on how they’re to be achieved, but it is not the final AUTHORITY on what they are. Well, then, what or who is? I am. You are. We all are, individually and collectively.
It’s simple, really. With regards to the end of American government, the Constitution addresses almost all of the most important “5W/H” questions:
Who?
We the People of the United States
What?
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,
Where?
Philadelphia
When?
done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven
How?
do ordain and establish this Constitution for the United States of America.
Notice the glaring omission?
Why?
At first blush, I thought that that was what the preamble was about. But I came to believe that the preamble explains WHAT we are setting out to do. But why do we want to form this more perfect union? Why bother creating this finely crafted, well-thought out document?
I finally concluded that the reason WHY, the authority and motivation behind the Constitution, could be found in a document several years older than the Constitution. And I have come to view THIS document as the authority on which rests the constitution. Of course, I am referring to the Declaration of Independence. Specifically, I believe the foundational concept, the authority upon which rests the entire US Constitution and government, is expressed in the following clause from the Declaration:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed...
...That’s it. That’s why we have a constitution, why we have THIS constitution. And the rest of that clause goes on to explain why I think it right and proper and altogether fitting to hold to the position I do, which is that I am a constitutionalist only as long as the Constitution achieves this end. Because I believe…
...That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Monday, July 25, 2005
House Renews Expiring Sections of USA PATRIOT Act
With a second round of attempted terror attacks in London on their minds, the U.S. House of Representatives Thursday night approved 16 expiring provisions of the USA PATRIOT Act, making 14 of them permanent and extending two of the most controversial provisions for ten years.
The USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 passed by a vote of 257-171, with 43 Democrats joining Republicans. (Fourteen Republicans voted against the bill.)
This is the same kind of post-terror panic that prompted the legislature to overwhelmingly pass the "PATRIOT" Act in the first place, effectively creating a loophole around the Constitution and allowing the "authorities" to stomp on our rights.
This is one of the few times in my life you will find me agreeing with Nancy Pelosi, who stated, "I listened intently to the gentleman from Virginia, [Rep. Rich Boucher (D-Va.], when he described in detail the serious constitutional issues concerning Section 505...by which the government possesses power to seize citizens' medical and other personal records without notice, without the ability to challenge these orders, and without meaningful time limitations. And for this reason, I will join Mr. Boucher in opposing this legislation, but with the hope that it will be improved in conference."
There are other questionable and barely constitutional provisions in this legislation. For a more in-depth analysis, check out an article I did a few years ago, describing the slow, systematic death of the Bill of Rights.
One of my favorite novels describes the concept of terrorism in very precise terms. "Quite simply, the goal of terrorism is to create terror and fear. Fear undermines faith in the establishment. It weakens the enemy from within … causing unrest in the masses. ...Terrorism is not an expression of rage. Terrorism is a political weapon. Remove a government’s façade of infallibility, and you remove its people’s faith.”
This is exactly what the terrorists around the world are doing. They are inciting panic, causing governments such as ours to clamp down on the citizens, to destroy their rights and freedoms -- all in the name of appearing a bit less ineffective and powerless than they really are.
The "authorities" are fighting terrorism with smoke and mirrors.
If, in fact, the goal of terrorism is to destroy the populace's faith in the government's power to protect the people and cause unrest from within, those in power are simply trying to create the illusion that tyrannical measures such as the "PATRIOT" Act allow them to better protect the people.
In fact, all they're doing is turning America into a minimum security prison.
Wednesday, July 20, 2005
Dry Warfare
If ever you need a classic example of how the denial of basic rights makes criminals of honest men and women, look at the predicament of our armed forces currently deployed in Iraq.
Many of you reading this remember when States were blackmailed into raising the drinking age to 21. Do y'all remember the classic argument? I do. And I'm also here to tell you that not only is that argument still valid, but the predicament is worse than ever. You know what I'm talking about.
I'm talking about the fact that our nations young men and women can die for their country but are not allowed even a modest drink!
We as a country have permitted this outrage for almost 20 years!
Even if one is of "legal drinking age," one is still risking one's livelihood, job, or military career by committing the heinous and unforgivable act of simply having a well earned beer or shot of whiskey after escaping death while defending against religious fanatics who want to kill us all for, among other things, our choice to drink alcohol. We can fight these fundamentalist lunatics abroad, but who's going to fight the fundamentalist lunatics at home who would ruin our lives for the same "offense?"
Let's talk about the guy who ran Beer For Soldiers, simply for the purpose of raising funds to legally buy soldiers over 21 a beer. Click on the link and see what became of his site and that will tell you everything you need to know.
Many of you reading this have served and know what a blessing such small comfort as a strong drink can be. Why in the hell would anyone want to deny those comforts to the very people who are defending the dwindling freedom for that comfort to exist? There can be no motive save for pure malice. And there is absolutely no excuse to tolerate this double standard any longer.
I work on a dry military base in Iraq as a civilian supporting the military, and I can report that prohibition has made criminals of us all. We smuggle, we sell, we steal, we get smashed. We cache alcohol around bases like so many weapons of mass destruction. And at night, we nurse our illegal beers while watching the flashes of firefights and air assaults in the distance. When mortars land nearby, we reach for the next round and toast to the fact that we’re still around to have something to toast to, clean underwear be damned.
But we also drink in fear and in melancholy sympathy. A knock on the door from the military police could mean our jobs — or in the case of those in uniform, their rank, pension, and ability to go home soon to their wives, husbands, and kids.
For the soldiers brave enough to face the horrors of combat but too timid to face the horrors of military justice, the indignities are extreme. After hours in the desert sun under body armor, the chow-halls insult them with massive ice-cold slabs of non-alcoholic beer. It is a credit to our armed forces that these near beers go mostly untouched.
Many of you reading this remember when States were blackmailed into raising the drinking age to 21. Do y'all remember the classic argument? I do. And I'm also here to tell you that not only is that argument still valid, but the predicament is worse than ever. You know what I'm talking about.
I'm talking about the fact that our nations young men and women can die for their country but are not allowed even a modest drink!
We as a country have permitted this outrage for almost 20 years!
Even if one is of "legal drinking age," one is still risking one's livelihood, job, or military career by committing the heinous and unforgivable act of simply having a well earned beer or shot of whiskey after escaping death while defending against religious fanatics who want to kill us all for, among other things, our choice to drink alcohol. We can fight these fundamentalist lunatics abroad, but who's going to fight the fundamentalist lunatics at home who would ruin our lives for the same "offense?"
Let's talk about the guy who ran Beer For Soldiers, simply for the purpose of raising funds to legally buy soldiers over 21 a beer. Click on the link and see what became of his site and that will tell you everything you need to know.
Many of you reading this have served and know what a blessing such small comfort as a strong drink can be. Why in the hell would anyone want to deny those comforts to the very people who are defending the dwindling freedom for that comfort to exist? There can be no motive save for pure malice. And there is absolutely no excuse to tolerate this double standard any longer.
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