Showing posts with label U.S. Constitution. Show all posts
Showing posts with label U.S. Constitution. Show all posts

Wednesday, September 4, 2013

Imagine

Police confiscating cash and property without due process, stopping-and frisking suspiciously 'different' citizens for any damned reason.  Police SWAT teams invading private homes, terrorizing law abiding civilians, screaming obscenities for hours and waving automatic weapons; police harassing people trying to open their own doors; shooting a man over a dozen times for getting a pack of cigarettes out of his own car in his own driveway -- I could go on, and of course I have ranted endlessly and probably all too often -- and more than probably to no effect.

We're a nation of scared-shitless cowards and kept that way by endless fear mongering, endless promotion of anger by a 24 hour propaganda machine interested only in boosting ratings and profits by hiding the fact that violent crime is lower than in a hundred years and getting lower.  Most people you ask will tell you that things are getting more dangerous every day. A few of them may have a valid case for that.

One can't go for an hour without hearing some dimwitted diatribe about Obama's tyrannical government trying in Communist fashion to promote industrial safety or safe food and water and air -- and to reform our unfair and inadequate health system -- just like a fascist, but egregious infractions of Constitutional protections?  Hey, that's different, unless of course it's the second amendment so vital to that apocalyptic war against authority we dream about.

I read this morning about three Bronx kids, two girls and their brother, all siblings, who were verbally abused, handcuffed, beaten, choked, pepper sprayed and thrown to the ground by a swarm of police apparently for no better reason than for playing handball in a park while wearing Muslim hedjabs.  The girls had their scarves pulled off for the crime of not producing identification quickly enough while being black and/or Muslim, or so the police say.  Within moments dozens of police swarmed the area intimidating and tackling  bystanders and arresting one who tried to record a video of this obscenity.

"Come here, you little motherfucker, you like recording?" said one cop, mashing the 18 year old bystander's  face into the pavement;  punching  and pepper spraying him.

"Where's the phone? I'll break your arm." He screamed at the college student.

Of course the police have a cover story. Pulling one's 12 year old sister from a raging policeman who was "escorting" the children out of the park is criminal assault of course and the police were injured and had to be hospitalized -- of course and although Internal Affairs is "investigating" my bet, based on experience is that not a damned thing will happen to them. My guess is that this, like so many of the disgusting offenses that happen constantly all over the nation; like so many of the abuses of  civil rights and constitutional protection, whether it be the right to assembly, protection from searches, seizures without warrant, probable cause or any pretense of due process it will just fade away leaving only the stench of hate, racism, injustice, fear and smug hypocrisy. And all the while we will be concerned about what the leaders tell us to be concerned about; get angry on cue, ignore this fact and believe that fiction.  All the while we'll belabor the same talking points pursue the same bogeymen and we'll cringe in fear of  our neighbor's shotgun while Policemen carry machine guns, batter down our doors, blind us with gas, beat us with clubs, sodomize us with broomsticks and shoot down unarmed citizens and get way with it.

Imagine if you will, a boot stamping on a human face forever. Imagine a voice screaming "Freeze Motherfucker!"  forever.  Imagine.

Sunday, April 21, 2013

Mirandize this!

Why are we supposed to be "terrorized" by the one in a hundred million chance of being blown up by cookware in the streets when we have black-booted, goose-stepping Republican goons insisting that the rights and liberties guaranteed by the US Constitution don't apply any time they don't think they should? What terrifies me is not the bang in Boston but the whimper of  cowards demanding that people can arbitrarily be deprived of their innate and inalienable rights by semantic chicanery and that we justify it by fear.  Why is the serial killer, the arsonist, the murderous Christian leader not a terrorist and so exempt from the protection of the law we fraudulently flaunt as our American birthright?  Because we don't like their religion? Because they have 'foreign' names? Ask the Republicans. Ask them why they're again demonstrating that the Constitution is a quaint anachronism and an impediment to the lustful needs of absolute power -- or 'Homeland Security' as they like to call it. Ask them why a massacre in Boston justifies the dismemberment of  the Constitution that grew out of  a previous one.

There is no chance in hell that whether or not young Mr. Tsarnaev talks to the FBI truthfully or not at all, has anything to do with whether or not he is ritually told he has the right to keep quiet, is responsible for what he says and has the right to legal counsel. He has those rights and we all have the guarantee of those rights. He already knows it and he's already demonstrated the personal qualities that prove he doesn't have a hell of a lot of respect for the USA or its laws and restraints anyway. If he can be forced to incriminate himself, if he can be stripped of all the rights we used to guarantee, we thereby incriminate ourselves as liars, hypocrites and barbarians unworthy of being called a free nation.

We have no idea whether he was in any condition to answer questions when apprehended or whether or not any were asked. We know that the request to surrender was first answered with a fusillade which is prima facie evidence of a mood of non-compliance.  Police weren't required to "Mirandize" him before asking him to give up or asking him if  he had explosives or if the boat was booby trapped or if he had accomplices at large or anything similar and at present he's sedated and intubated and the question of further questioning is moot.  Nothing he might say or might have said, is needed to convict him.

When the Senators from the Great State of Chickenshit insist that they have or someone has the power to ignore the US Constitution with some peremptory declaration that a criminal is an "enemy combatant" when there is no declared state of war and no entity at war with us that the criminal belongs to or acted in concert with, it's possible they are so stupid -- Republican Stupid -- that they haven't thought it out, but far more likely that they're still their old anti-American, Democracy hating, liberty fearing bastard selves -- and cowards, of course.  Are they really afraid that he will be released for lack of evidence, exonerated by some court just because he has a public defender?  Of course not.  It's not about bombs, it's about Obama. It's about accusing Obama of being a terrorist sympathizer and crypto-jihadist for the benefit of the fearful, the bigoted, the ignorant, the racist, the demented, delusional and dimwitted: the Republican Base, or as one says in Arabic -- Al Qaeda.

The stain remains on the American escutcheon from having sent American citizens to the gallows using a secret military tribunal in 1865, but I guess there's plenty more room for bloody fingerprints in the opinions of Senators McCain and Graham, who by fighting against the foundations of our nation are in my opinion true Enemy Combatants, subject to indefinite imprisonment without charge or access to due process and of course torture for the crime of having declared war on our country and the laws they have sworn to uphold.

If we lose the protection of the law simply because some political demagogue can strip you of it then we have lost the moral basis of the American revolution and the country should declare it's mistake and pledge its allegiance to the Crown of England which may long since have surpassed us in its concept and guarantee of justice anyway.

9/11 didn't change a goddamn thing.  9/11 was an excuse our internal enemies have been waiting for since the beginning.  

Saturday, January 26, 2013

Swear Words

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

Florida has had its problems forcing school children to publicly swear allegiance to a 'Nation
Under God' every day of the school year, but that abomination isn't enough for the State of Arizona, or at least for their State Legislature. A bill has been introduced requiring that before high school students can be given a diploma,  they must  swear to God.

"I, _________, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge these duties; So help me God."  

Does this bypass the religious test prohibition?  Well of course this is a requirement to graduate, or would be if it's passed and not a requirement for office, but is the granting of a diploma the granting of public trust?  As it is a requirement for employment in many cases, I would argue that it is and the oath is therefore unconstitutional, but we're talking about Arizona, a place where many Republican citizens are unhappy with that constitution and the Nation it defines, except of course for the guarantees it may make which further their attempts to persecute the freedoms of others and back up their threats with God and Guns.

It makes no provision for non believing people such as I am or for anti-believing people or for Quakers or  Mennonites and others whose creeds forbid oaths, to "solemnly affirm" rather than swear, but even if it were amended to that purpose, is an oath taken under duress valid and can one force someone to swear "without any mental reservation?"  But we're talking about Arizona where there is a test for looking American and penalties for failing it.

Actually I'm tired as hell of talking about Arizona and its cynical attempts to exclude and persecute all in the name of a Constitution they delight in selectively ignoring.  The hell with their nonsense about secession, their legislators have all sworn to uphold the constitution and if they can't do that, revoke their citizenship and deport them.

Friday, December 9, 2011

The World is the Battlefield

I find it remarkable that the proposed provision of the Defense Authorization act enabling a President to detain anyone suspected of belonging to a terrorist organization indefinitely and without trial, can be presented as one of those bits of "evidence" that Barack Obama is trashing the constitution. Obama's Indefinite Detention Powers is the title of more than one article. Remarkable indeed since he's threatening to veto the abomination if it passes.

I do recognize that since the Authorization for Use of Military forces (AUMF) that Congress approved after the September 11 terrorist attacks was used to bolster somewhat unfair arguments that Bush was trashing the revered document, an equal and more ridiculous counter charge has to be leveled against his Democratic successor. That is a principle we had beat into our consciousness when Bill Clinton had to face charges, some contrived and some with marginal merit that were so like unto those Nixon was glaringly guilty of.

But I digress. I'm not surprised to hear such things slithering in the murky Senatorial cistern, but I'm surprised at the bipartisan support of Sen. Dianne Feinstein's (D-Calif.) bill and the astonishing lack of debate over this shocking redaction of the Bill of Rights. I was however surprised and pleased to hear Rand Paul declare opposition is heatedly as I would do, given the chance.

I was nauseated and enraged to hear our former Presidential contender, John McCain rail about how dangerous "these people" were without regard to how we determine fairly whether or not the accusations are true. I have been raised to think that justice demanded a fair trial and no decent civilization has failed to provide a process to determine the truth of an
accusation, sometimes made under duress or torture or out of jealousy or greed or worse. A less stuffy writer might simply ask: how the hell do we know the charges are true without a trial?

Senator McCain doesn't seem to care, although with his history, he might just give the opposite position tomorrow and Lindsey Graham (R-S.C.) seems proud of his shiny new black boots, claiming that now we can jail any American citizen because "it designates the world as the battlefield, including the homeland." Did he mean to say Vaterland?
"The FBI publishes characteristics of people you should report as possible terrorists. The list includes the possession of “Meals Ready to Eat,” weatherproofed ammunition, and high-capacity magazines; missing fingers; brightly colored stains on clothing; paying for products in cash; and changes in hair color. I fear that such suspicions might one day be used to imprison a U.S. citizen indefinitely without trial. Just this year, the vice president referred to the Tea Party as a bunch of terrorists. So, I think we should be cautious in granting the power to detain without trial."
writes Senator Paul in the National Review.

Yes, I think our legislators have earned their 8% approval rating and can only wonder why it isn't lower. John McCain, you're a goddamn terrorist yourself, attempting to make Americans afraid for political purposes. Rand Paul: you may be far right, but you're damn right too!

Thursday, December 1, 2011

Occupy the Constitution! (updated)

First off, I'd like to take a moment of silence for the Occupy Wall Street movement. They've gone disco.



Meanwhile, though, let’s consider a fascinating legal issue that has come up with the Occupy movement.

See, the problem with the 99% bringing the problem of economic disparity to light, is that, by the nature of the election process, in order to be a politician, you are all but required to be a member of the 1%.

This is the reason that it’s so difficult to get a tax increase for the rich through Congress: they are the rich!

This also means that many of them are predisposed to oppose discussion of income disparity or the economic realities of life in America today. Nobody likes talking about their own sins, when it’s easier to point at other people and scream “Heretic!” So, for example, Mayor Bloomberg of New York (net worth: $18.1 billion) isn’t particularly interested in stopping police brutality against protestors. (If anything, he’s enabling it.)

In Texas, they’ve decided that there is only a limited amount of free speech available in Austin at any one time.



Now, consider that for a minute. If one protest group starts yelling, and leaves after 2 hours and 55 minutes, and another group, unrelated to them and with no knowledge of the previous group, spontaneously showed up in the same neighborhood, they would not be allowed to speak without breaking the law.

It seems to me that this case would be a slam-dunk for any civil rights lawyer. Just take a video camera and show someone showing up after the time limit has expired and not being allowed to speak. Admittedly, the Texas Supreme Court would uphold the police actions, because that’s how Texas works; but it would continue up through the US Supreme Court, and nobody claiming to be a Constitutional scholar could let this pass.

(In a fascinating twist, the Trophy Wife, usually far more optimistic than I've ever been, is feeling more cynical than I do on the subject, and thinks that the Roberts Supreme Court – combined average net worth $47,272,584 – might not be interested in supporting free speech in this case.)

Funny how this issue never came up for the Tea Party protests...
_______________

(Update, 12/3/11)
And in a story broken yesterday by my second least-favorite news source, the Huffington Post (and wildly underreported by other news sources as I write this), the UN has noticed many of the same things:
The United Nations envoy for freedom of expression is drafting an official communication to the U.S. government demanding to know why federal officials are not protecting the rights of Occupy demonstrators whose protests are being disbanded -- sometimes violently -- by local authorities.

Frank La Rue, who serves as the U.N. "special rapporteur" for the protection of free expression, told HuffPost in an interview that the crackdowns against Occupy protesters appear to be violating their human and constitutional rights.

"I believe in city ordinances and I believe in maintaining urban order," he said Thursday. "But on the other hand I also believe that the state -- in this case the federal state -- has an obligation to protect and promote human rights."
...
In moments of crisis, governments often default to a forceful response instead of a dialogue, he said -- but that's a mistake.

"Citizens have the right to dissent with the authorities, and there's no need to use public force to silence that dissension," he said.
Personally, I didn't know that "Frank" was a popular Guatemalan name, but considering Guatemala during the 80s and 90s (and for that matter, the previous decades, when they helped develop the term "banana republic"), they know something about the suppression of human rights.

Of course, who approves of the way the American police are dealing with protesters? Mostly tyrants with their own economic protesters, like Mubarak.

Proud of yourself yet, Washington?

Thursday, July 28, 2011

Billion Dollar Coins and Exploding Options -- oh my!

Maybe the President can't simply cite the 14th amendment and raise the debt ceiling, maybe he can -- but does the Constitution provide a paddle? Must he allow the Tea Party to shut down the government as the more mainstream Republicans attempted to do in 1995 during the Clinton administration?

You remember President Clinton, don't you, the guy that the snickering snarkmongers told us would only serve one term, who would destroy capitalism, plunge us into debt and start fake wars simply to allow him to become a dictator. I'm sure the parallels are coincidental. (wink, wink, nudge, nudge)

But Obama, even if if no Clinton, ( for better or worse) may still have options, says Jack M. Balkin, Knight Professor of Constitutional Law at Yale Law School. The Constitution has as many loopholes as the Tea Party has loonies, although some of them are as arcane as something out of the Da Vinci Code. There's the Platinum Coin gambit and the exploding Option Strategy, for instance.

Even so, all may not be lost for 14th amendment solution protagonists, like Bill Clinton and a few others says Balkin.
"If the president reasonably believes that the public debt will be put in question for either reason, Section 4 comes into play once again. His predicament is caused by the combination of statutes that authorize and limit what he can do: He must pay appropriated monies, but he may not print new currency and he may not float new debt. If this combination of contradictory commands would cause him to violate Section 4, then he has a constitutional duty to treat at least one of the laws as unconstitutional as applied to the current circumstances."

Balkin likens this dispute to recent attempts to topple the president over his ability to use the military to protect the national interest or in emergencies.
"If the courts won't intervene in the Libya affair, they probably won't intervene here."

But regardless of your opinion on the best way to beat back the barbarians, (whichever side you think they're on, Balkin's CNN exclusive interview is great reading and gives a glimmer of hope that the Constitution will do what it was designed to do, protect us.

Tuesday, July 26, 2011

Taking the 14th

"The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned."

14th Amendment, US Constitution
____________

Now, I'm no lawyer, which means that I generally take such statements at face value and have no knowledge of what pretzels they've been twisted into by various courts in various cases, but it seems to me that if congress can't question the validity of our public debt, then congress can't refuse to pay it or more importantly say it's only valid under a certain amount authorized by Congress after they've already deemed it legal. What do you think?

I hate to bring up the constitution at a time when the Tea Bag Patriots are pretending to worship it while claiming that those who would like to actually conform to it are "shredding it" but the situation is getting serious.

Of course this whole controversy is about "taking down" the president we elected by a good margin and replacing him with a Tea Party Republican of their choice hell bent not on reducing the debt, but killing Social Security, Medicare, all forms of welfare and any protection for the public against the health insurance cartel -- and all to make sure people like me can put an extra tank of fuel into the yacht every now and then thus creating jobs in the Bahamas and Taiwan.

After all they raised the debt ceiling every year a Republican was in office since the beginning of the Reagan administration and authorized Bush's massive debt explosion like a well disciplined private army. Remember when "debt doesn't matter" was the slogan? No? Well I do.

"Obama would be impeached if he blocked debt payments"

says Rep. Steve King (R-IA) and he'd also be impeached if he invalidated the debt ceiling based on the 14th amendment, says Rep. Tim Scott (R-S.C.) Talk about a poker player with a 'tell.' Might as well lay the cards on the table.

It's all about impeachment and all about finding some flimsy excuse or forcing the president into a position where they will impeach him if he does and impeach him if he doesn't. No more revolting, I guess than impeaching one for asking his secretary not to tell his wife he was having an affair. Talk about insurrection and rebellion! No sooner did we lose the Cold War gravy train then we embarked on the Cold Secession.

President Clinton of course told us recently that he wouldn't hesitate to use the 14th to raise the debt ceiling and "force the courts to stop me." You'll remember of course the attempts to impeach him on any pretext and how the talk of the "failure of the Clinton Presidency" preceded the Clinton Presidency and how he would certainly be a one term president and how his tax policies would bankrupt the economy. They hope you won't remember, of course because we're hearing the same damned bullshit again.
"I think the Constitution is clear and I think this idea that the Congress gets to vote twice on whether to pay for [expenditures] it has appropriated is crazy.”
said Bill Clinton to The National Memo last week. No wonder slimy things like the Newt are challenging the constitutional basis for even having a Supreme Court.

Meanwhile that 3% extra tax cut I get on anything I earn over $250,000 is going to prompt me to create jobs for those struggling people now paying for the longest, most expensive wars in American history while losing their houses, jobs, medical insurance waiting for the Voodoo to kick in and save us all -- and all will be fine just in time for a Tea Party president. I can feel it in my bones.

Afternoon Update: A hat tip to Shaw at Progressive Eruptions for this graph that debunks another GOP mendacity:


The Obama administration has exercised remarkable spending restraint in accomplishing a lot, in contrast to the Bush years of gross mismanagement and fiscal profligacy.

Friday, May 27, 2011

If they're for it, we're against it.

By Capt. Fogg

The natural state of men, before they were joined in society, was a war, and not simply, but a war of all against all.

-Libertas,
Thomas Hobbes -


Scanning the Facebook page of my congresscritter, Tom Rooney (R-FL) I find the real interest not to be the simplistic banalities and the strained attempts to generate outrage against Barack Obama. It's not the continuing effort by Rooney to portray the assistance being given NATO's actions in Syria as a constitutional violation; it's more about the truly demented calls for impeachment by the people who post there; calls that remain in view without comment by Mr. Rooney, who claims that he maintains the page to be more "in touch" with the sentiments of his constituents rather than as a tool to promote irrational rage for political purposes.

If he has some constituents other than me who disagree with the "Oh I just hate, hate him" and "Oh he just makes me sick" and the "he uses the constitution to line his bird cage" swamp dwellers, they must indeed like me, be very reluctant to post comments there under their real names. He's created a milieu quite hostile to reason and reasonable people offering constructive criticism.

Yes, of course there are many questions about the legality of George W. Bush's legacy, some of which -- too much of which -- remains in place, but the War on Obama is not really based on his alleged and often misrepresented constitutional infractions, and we know it because they weren't presented as such during the previous administration and indeed were eagerly supported by the reactionary beasts who hang out on the Rooney page to congratulate themselves and outdo each other on the size of their hate. Indeed, that place is a microcosm of our war against ourselves, a war of all against all.

It's not that I like Senator Rand Paul or his familiar pose of principled outrage, but I am indeed on his side when it comes to addressing the real constitutional outrage of the Patriot Act. I have to smile at what may be the end of his naivete because it isn't the Democrats at war with the Leahy-Paul Amendment, designed to allow greater oversight of ever increasing Government warrantless surveillance powers under that cynically named act. It's the Republicans supporting precisely the kind of power they pretend to oppose while posturing as libertarians to the frothy-mouthed and furious rabble.
“Unfortunately, what we’re finding now is that the Democrats have agreed to allow me to have amendments but my own party is refusing to allow me to debate or present my amendments.”

Said Paul. Imagine that.

But as the man said, the joining of people into a society serves to prevent the chaos of nature, and I have to ask myself whether the effort to portray anything social or designed for the common good as the unqualified evil of Socialism, did not have the promotion of that very bellum omnium contra omnes; everyone at war with everyone and every man for himself as a purpose. Perhaps when everyone is against everyone, such things as consistent viewpoints are illusory as is anything resembling principle. If you're for it, I'm against it may be as close as we can get.

Monday, May 23, 2011

Damon Fowler vs. Bastrop, LA

Graduating from high school is supposed to be a joyous time in a young person's life. For Damon Fowler, however, the celebration involved being lied to and ostracized by his community, and being booed as he walked across the stage in Bastrop, LA. His parents honored the occasion by throwing Damon's possessions out on the lawn in the rain, locking the house, and going "on vacation." Prior to this, they had cut off Damon's internet access and his contact with his brother in Texas who supported him.

It started about a week ago, when Damon objected to a prayer that was scheduled during his graduation ceremony. In 1992, the Supreme Court ruled against coerced prayer in a strongly worded decision which read, in part:
"As we have observed before, there are heightened concerns with protecting freedom of conscience from subtle coercive pressure in the elementary and secondary public schools. Our decisions in [Engel] and [Abington] recognize, among other things, that prayer exercises in public schools carry a particular risk of indirect coercion. The concern may not be limited to the context of schools, but it is most pronounced there. What to most believers may seem nothing more than a reasonable request that the nonbeliever respect their religious practices, in a school context may appear to the nonbeliever or dissenter to be an attempt to employ the machinery of the State to enforce a religious orthodoxy."
Ironically, the original suit was brought by Christian parents who objected to a rabbi giving the benediction at their child's graduation. In the 18 years since this ruling, Christians have repeatedly and vociferously complained and fought against this ruling, illustrating the 'be careful what you wish for' aspect of any such effort.

When Damon went to the ACLU, the school backed down, and agreed to a moment of silence in place of the prayer. He then posted this on reddit.com, a social media site with a strong atheist community. The top-rated out of the 1,771 comments is a response from Damon's brother, who kept the community in the loop after Damon was cut off from communication by his parents. He conveyed the amazing support to his brother in conference calls through Damon's sister. Meanwhile, Damon's teacher Mitzi Quinn told the local newspaper, "[In the past, non-religious students] respected the majority of their classmates and didn’t say anything. We've never had this come up before. Never…And what’s even more sad is this is a student who really hasn't contributed anything to graduation or to their classmates." The paper reported that Quinn was given an award for her "great service." Damon received death threats, and his brother and sister feared for his safety attending the graduation.

I would dare any apologist to defend the behavior of the so-called Christians in this story. One of my dearest Facebook friends posted the graduation video with a comment that she missed the days we could openly make religious references in school, but what I saw was a student defiantly flouting the Constitution and going back on the school's promise, and the crowd cheering wildly:


But while Damon was cut off from almost every avenue of support, wonderful things were happening across the internet. A Facebook fan page now has 10,115 people who "like" it (though some apparently clicked the like button so they could say hateful things and boast about how the prayer was said anyway, that's to be expected). The FFRF had already awarded Damon a $1,000 scholarship, but an additional scholarship fund was set up on ChipIn with a goal to raise $10,000. The total donations now stand at $14,482.75, thanks to support by prominent atheist bloggers like The Friendly Atheist.

The most striking element of this story, to me, is the terrible behavior exhibited by the Christians in contrast with the outpouring of support from the atheists. I'm sure my own cognitive biases are hard at work here, but I just spent the last few hours reading through a huge amount of commentary on this subject and I have yet to find one redeeming comment from a religious individual, even among my own friends. I had intended for my first post to be more of an uplifting story, but the more I read about this, the more I despair for the prospect of coexistence. Yes, this one had a happy ending, but my mind keeps going back to the thought of one kid, alone and scared, publicly shamed and cut off from support. How an entire community, including that child's parents, could come together to do that is beyond me.

Wednesday, January 12, 2011

Out, out, damned spot

I saw this clip on The Impolitic this morning: perky Sharron Angle having a bit of a smugfest about how Thomas Jefferson and James Madison and Ben Franklin really wanted us to have the uninfringable right to own firearms, not to facilitate raising a militia, as was stated, or to put food on the table or keep the fox out of the henhouse, but to protect us against tyrannical despots demanding to provide us with affordable health care.



To be fair, I'd like to know the rest of the sentence starting "we need to take Harry Reid out. . ." Vote him out of his elected position, or just "take him out?"

Inquiring minds want to know, but batshit crazies with their hairy ears glued to the radio don't bother to ask. They already know. One has already spoken and as in Mao's famous statement about the voice of revolution -- from the muzzle of a gun. Indeed many self styled conservatives seem to have read intensively from the little red book.

I'll give her the benefit of the doubt for the nonce, but although Jefferson did indeed, how literally I don't know, suggest further revolutions, one would have a hard time convincing me the system he helped design wasn't intended to facilitate that process bloodlessly and with due process of law.

The bit about guns being needed to protect against "tyranny?" to allow the minority to have bloody revenge for the actions of elected representatives? Sorry, Sharron, this is beyond the boundaries of acceptable speech and perhaps even further into the territory of treason, if fomenting armed insurrection against an elected government be such.

It recalls Henry II crying "will no one rid me of this troublesome priest?" Not exactly a demand that someone kill Thomas à Becket, but someone soon did and Hank got to wash his hands of the matter. Whether it be the king of England, the Queen of Scotland or a Prefect of Roman Judea, some bloody bastard is always seeking such cleanliness, but that damned spot usually proves rather difficult to remove.

Saturday, October 23, 2010

The Unholy Trinity: Beck, O'Donnell, and Palin

A fellow blogger who goes by the handle of Capt. Fogg inspired what began as a comment on his post, Masters of Mendacity, but grew into a post of my own. The Captain's post adroitly dissects the fallacies at the heart of the ongoing proclamations by Palin, O'Donnell, and Beck that feed the clamor from the Tea Party of, "We want our country back." The basic reasoning appears to follow the lines of, "America is a Christian nation, founded by God or at the very least endorsed by God and it (America) must be saved from liberals." One of Palin's latest proclamations is that  that the Constitution tells us that our "Unalienable rights" come from God. Christine O'Donnell has declared that the Constitution isn't merely a legal document but a covenant based on divine principles. Glenn Beck appears to have anointed the Constitution to be his Gospel, and himself as the Second Coming.

They aren't just liars, they are flat out wrong. There is no mention of God or unalienable rights in the Constitution; perhaps Palin, et.al. have confused the Constitution with the Declaration of Independence. That document states, "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."

What fascinates me about the language regarding unalienable rights is that Jefferson's concerns weren't about worshipping a particular God but about declaring that there were rights inherent to being human that could not be usurped and that the purpose of government was to protect those rights as opposed to curtailing them or taking them away. I think that his use of the term Creator reflected the broader concept that such rights were natural rights, innate rights that were not given but existed without being conferred or bestowed by any government.
Beck, Palin etc. have chosen to harp on this language as proof that this is a Christian nation. Based on the varied writings of Jefferson, Madison and others, I'm of the opinon that the furtherest thing from their intent was founding a Christian nation. I think that a modern debate on this matter fails to understand the worldview of the founders. These men were readers of Locke, Rousseau,Hobbes, and Aristotle. They struggled with the philosophical concepts of who are we and what is our purpose, not some fight over whose God was better. They actually thought about the purpose of government and concluded that it was to serve the people and that the power of the government came from the consent given by the governed.

It was a revolutionary idea, Certainly the English Monarchy didn't recognize its power as coming from the people but viewed its power as God given and superior to the will of the people. The Declaration took that philosophy on with its bold proclamation about unalienable rights endowed by the Creator. It was an assertion against the then ruling idea that the government decided which rights to grant the people and which ones to deny them. It wasn't a proclamation supporting Christianity but a declaration against tyranny.

As for attributing such language to the Constitution, it just raffirms my belief that most of the people shouting about the Constitution as being a covenant based on divine principles have never read the document with even a modicum of comprehension. The Constitution is a secular document that establishes the practices and laws governing the operation of the government. The Preamble states the purpose of the Constitution clearly and succinctly: 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. (There are many sites on the Net with info on the Preamble and the rest of the Constitution. I cited to Wikipedia here because it was the best of about a dozen sites that I checked. Up to date, and fully documented.)

Citing the United States Constitution as a religious text makes about as much sense as declaring that my telephone book contains the secrets of the universe.