Steve G.

Posts Tagged ‘america’

LEE WRIGHTS FOR PRESIDENT 2012 EXPLORATORY COMMITTEE

In Activism, Austrian Economics, Constitutional Rights, Corruption, Drug War, Iran, Iraq War, Libertarian Party-US, Media, Middle East, Minorities, Music, Nanny State, Police Brutality, Presidential Candidates, War on December 4, 2010 at 4:37 pm

For more information:
Brian Irving, press secretary
Phone: 919.538.4548
E-mail: press@libertypoint.org

Wrights pledges a ‘wise and frugal’ principled campaign
BURNET, Texas (Dec. 4) – In the four months since R. Lee Wrights began exploring the idea of seeking the Libertarian presidential nomination he has become even more convinced how critical it is for the Libertarian Party to be the anti-war party in 2012.

“The Democrats have not just completely failed to stop the ever expanding cycle of war, they continue to enlarge the cycle,” he said. “When the Republicans take control of the U.S. House, there will be no one left to speak for peace, no one but Libertarians,” Wrights said.

“When I announced formation of an exploratory committee on July 4, I said the Libertarian message in 2012 must be a loud, clear and unequivocal call to stop all war.” Wrights said. “Since then many Libertarians have told me they agree, and some have signed on to the campaign to help make it so.”

Thomas Hill, of Charlotte, N.C. has known Wrights for 10 years. He agreed to chair the exploratory committee because he said Wrights has proven to be a consistent and principled libertarian.

“He has never been afraid or ashamed of the axiom of non-aggression,” Hill said. “A true patriot through and through, Lee loves our great country and sincerely wishes to not only restore our once great Republic but to guarantee all men and women are truly free to live their lives and pursue their peaceful and honest dreams.”
“You cannot lead a nation into peace and prosperity while constantly initiating aggression against other nations,” said Norman Horn, who signed on as webmaster. “War is the ultimate evil and must be vigorously opposed by all true libertarians.”

Other members of the committee include: Brian Irving, press secretary; Robert Butler, treasurer; Julie Fox, assistant treasurer; Sean Haugh, events coordinator; Zachary Smith, campus coordinator, and; Katie Brewer, social media coordinator.

Wrights said he intends to run a campaign that will mirror the way a Libertarian president would govern. “I plan on running what Thomas Jefferson would probably call a ‘wise and frugal’ campaign,” he said. “It will be professional and well-run, a campaign all Libertarians can be proud of, but we won’t waste money on frills and we will rely heavily on grassroots activists.”

He said he is determined that whoever wins the 2012 nomination is totally committed to proclaiming the message to stop all war. To that end, Wrights has pledged to commit ten percent of all donations to his campaign to gain ballot access in all 50 states.

The committee also wants to ensure the 2012 nominee is equally committed to running on an unequivocal libertarian platform. “We need a candidate who is not ashamed nor afraid to proclaim the true libertarian message of individual liberty and personal responsibility, without compromise, without watering down and without pandering to those who are afraid of freedom,” said Irving.

Wrights, a Winston-Salem native, is a writer and political activist living in Texas. He is the co-founder and editor of the free speech online magazine Liberty For All.
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The Audacity of Hoping for Change: Barack Obama’s Broken Promises to America

In Barack Obama, Civil Liberties, Corruption, Democrats, Libertarian, Libertarian Politics, Media, Politics, Republican, War on June 15, 2010 at 11:16 pm

This article was written almost a year ago. I have not added to it or expanded on my concerns. I think that anyone who reads this can themselves think of the President’s stance on issues, his lack of actual leadership, his failures over the year and a half to give us any hope that things will be better by November, 2012.

_____________________________________________________________________________

On March 26 [2009], only two months after Barack Obama had been sworn in as President, I wrote and posted an article on “Constitutional Oaths“. I also sent an email message to friends and family about the article with this message:

 “I proudly voted for Barack Obama for President of the United States. I never thought that I would so soon think that impeachment for violation of his Constitutional Oath of Office should be discussed. I feel sick and ashamed of my country.

https://lastfreevoice.wordpress.com/2010/01/30/constitutional-oaths-and-a-plea-to-president-obama-2/ 

“Right now I am feeling that there is no point in continuing giving a damn about any of it. I am about ready to unplug my TV, turn off my computer, crawl into my dark room and only come out to get a book, relieve myself and maybe eat. Our national evil has now passed to ANOTHER administration and I don’t know if I can take it.

“I do NOT want anyone to call me or pester me about talking about this. My own words in the past and the news are very clear and speak for themselves. I am tired and I literally want to vomit. I don’t think that this bridge can be unburned. Now, I just want the whole thing to collapse and get it over with. I am still waiting for that meteor to land on me and save me from all of it.

Yes, that was me back in March [2009], when I first believed it might be appropriate to investigate whether or not Obama should be impeached. Not for some far-right extremists cries for his head for any and everything he does… for even simply existing and holding the office of President; not for some lunatic conspiracy theories but rather for legitimate constitutional reasons. Was I the first Obama supporter to raise the issue of impeachment? I personally believe that when a candidate makes campaign promises they are creating an oral contractual agreement with their constituents… “You elect me and I will DO these things, and / or make my best EFFORT to accomlish these goals“. They don’t necessarily have to SUCCEED at what they promised but they DO have to at least fight for those things. I said in the 1990s that those Republicans who signed the ‘Contract With America‘ should have had class action lawsuits filed against them for BREACH of Contract. Until we hold our politicians accountable for what they say to us when they are running for office, what is their motivation to change their relationship with those that they ask for their votes?

I was watching The Daily Show tonight (because both Countdown and The Rachel Maddow Show were supplanted with non-stop crap about the death of Michael Jackson… big deal… NOT news) and Jon Stewart was talking about how Obama, a former teacher of Constitutional Law, thinks that it is appropriate to block access to information about Dick Cheney because HE MIGHT BE MADE FUN OF. (http://www.thedailyshow.com/watch/thu-june-25-2009/cheney-predacted) After that, Stephen Colbert did his Word of the Day segment about Obama’s failure to keep promises that he made on gay issues… and his latest is being done almost exactly 40 years after New York’s Stonewall riots.  (http://www.colbertnation.com/the-colbert-report-videos/232014/june-25-2009/the-word—stonewalling)

I was going to list categories of Obama’s broken promises (on government transparency, on the ‘war’, on Guantanamo, on torture, abortion rights, on pretty much everything) but it would already fill a book to try to do so. Instead, I copied links to legitimate news stories (mostly, if not all, from the left or neutral positions). These stories are NOT by Obama haters. They are by people who supported him and are feeling betrayed or by neutral news sources. Here are some of them so that you can read them for yourselves:

 http://www.alternet.org/story/140507/obama’s_broken_promises/

 http://www.salon.com/opinion/feature/2009/06/06/sirota/

 http://www.politifact.com/truth-o-meter/promises/

 http://www.google.com/hostednews/ap/article/ALeqM5hRdIJDxVpdhYoXnxKGfPOn8lZJKAD991TH9O0

http://promises.nationaljournal.com/

http://www.democracynow.org/2009/6/17/despite_campaign_promises_president_obama_adopts

http://www.suntimes.com/news/sweet/1548444,obama-100-days-promises-kept-broken-042909.article

http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=91286

http://firstread.msnbc.msn.com/archive/2009/05/15/1933734.aspx

http://www.thenewamerican.com/usnews/election/1129-obamas-broken-promises-openness-ending-military-commissions

http://www.politico.com/news/stories/0609/23915.html

Now, I want to take a slight shift here and lecture to those on the far right, the conservative extremists who hate Obama and would no matter what he does… especially Fox News and Rush Limbaugh. You have already made yourselves irrelevant to any but those who already agree with you. You spent eight years with your nose shoved up George Bush’s ass and, no matter what he did, you defended him. The problem with news in America is NOT bias. Bias itself is not bad… as long as it comes with honesty. I do not watch Kieth Olbermann because I agree with what he says. I watch Keith Olbermann because when he makes an attack on someone he backs it up with verifiable documentation as to when something happened, and what the context is. I would watch a conservative Olbermann as well, if there were one, but there isn’t. The far right media long ago abandoned honesty and integrity when they were on the side of those in power. Because of HOW they tried to defend Bush and attack his critics, they cannot be accepted as legitimate voices of opposition now. Opposition is NOT about blindy attacking who or what you hate, it is about journalistically showing why your opposition is valid. It is also about supporting what someone you are in opposition to does that is acceptable and ONLY attacking them when they are legitimately in the wrong. The far right has no concept of how to fulfill the necessary role of ‘loyal opposition’ so they simply attack blindly and maliciously in the simple hope of hurting… someone. What they don’t see is that they don’t have to make up ANYTHING because there are so many legitimate and supportable reasons to attack that all they are doing is showing how devoid of integrity or intelligence THEY are. All they have to do is investigate and tell the stories that they can back up and let the rest go.

I know that it is a mantra of the far right to hate Olbermann and the “liberal media“, but he backs his attacks up with who, what, where, when, why, and how… he gives names, dates and places to allow us, his viewers to verify what he is reporting to us.. The other thing that the far right misses is that most journalist on the left will not cover up for the side that they support when it is in the wrong. When Obama screws us all, the legitimate media which supported him will also openly and publicly denounce him when he is wrong. IT ISN’T ABOUT BIAS, IT IS ABOUT HONESTY!

I voted for Barack Obama as President. I did what I don’t do… I trusted a politician… and I trusted the Democratic Party to actually change things and push hard to the left in order to shift American back to the middle. I was not wrong to vote as I did. I voted for who I believed would be best as President. I voted for who I was willing to take a chance on but, unlike most people I know on the far right, I am intellectually honest enough that I will say when the emperor has no clothes… even the emperor I supported. The are many things that make politics in America the shame it is. One of them is when people put their own personal egos above honesty about those they support. What is important now is NOT how those who were in opposition to Obama criticize him, it is how those of us who supported him criticize him.

I could probably go forever about this but if my point hasn’t already been made and understood, more words won’t change that. To anyone who wants to comment on this article, this is NOT a forum for hit-and-run drive-by comments from the left OR the right. I don’t want to hear from anyone on the right making blanket attacks or smears saying that “lefties” or “libs / liberals” or “Democrats” are ALL like something and neither do I want to hear anyone from the left making blanket attacks saying that “right wingers” or “conservative nuts jobs” or “Republicans / Repubs” are all like something. I don’t want to hear anyone from either side making some ‘clever’ play on words, like “Repukes” to describe the other side. America needs both liberals AND conservative, Republicans AND Democrats. It isn’t whole sides who are to blame, it is specific, usually extremist ends of different ideologies that are what most people REALLY hate. And don’t attack those you disagree with JUST BECAUSE you disagree with them, attack or mock someone for being a moron, for writing something stupid that they can’t document or support. It is much more effective to challenge someone to prove what they make claims about that it is to just hate them. So, talk about specific promises he has broken or WHY you think it is good or bad that he broke a specific one; talk about the law and The Constitution; talk about… God, just talk like you have a God-damned brain in that head of yours.

Rhys M. Blavier

Romayor, Texas

“Truth, Justice and Honor… but, above all, Honor”

© Copyright 2009 by Rhys M. Blavier

Margaret Chase Smith’s “Declaration of Conscience” (1950)

In Communism, Congress, Corruption, Democracy, Democrats, History, Libertarian, Libertarian Politics, Personal Responsibility, Politics, Republican, US Government on February 13, 2010 at 5:58 pm

I was recently reminded of this speech by Margaret Chase Smith, the legendary female moderate Republican from Maine (she served in BOTH the House and the Senate). The only thing which Maine’s two current female Senators have in common with her is that they are female and Republicans. The link is to the text of Chase’s incredible “Declaration of Conscience” speech. It is as applicable today as it was when she delivered it 60 years ago, and I believe that it should be required reading in every introductory course on American government. Margaret Chase Smith was still in the Senate when I was a child in the 1960s and is one of the remarkable politicians and leaders who, in my opinion, made the Senate in the 60s arguably the greatest collection of Americans in service to their nation since the 1787 Constitutional Convention. The example that was set by those men and women are why I believe so strongly that government CAN be a good thing in all of our lives.

http://www.americanrhetoric.com/speeches/margaretchasesmithconscience.html

Mr. President:

I would like to speak briefly and simply about a serious national condition. It is a national feeling of fear and frustration that could result in national suicide and the end of everything that we Americans hold dear. It is a condition that comes from the lack of effective leadership in either the Legislative Branch or the Executive Branch of our Government.

That leadership is so lacking that serious and responsible proposals are being made that national advisory commissions be appointed to provide such critically needed leadership.

I speak as briefly as possible because too much harm has already been done with irresponsible words of bitterness and selfish political opportunism. I speak as briefly as possible because the issue is too great to be obscured by eloquence. I speak simply and briefly in the hope that my words will be taken to heart.

I speak as a Republican. I speak as a woman. I speak as a United States Senator. I speak as an American.

The United States Senate has long enjoyed worldwide respect as the greatest deliberative body in the world. But recently that deliberative character has too often been debased to the level of a forum of hate and character assassination sheltered by the shield of congressional immunity.

It is ironical that we Senators can in debate in the Senate directly or indirectly, by any form of words, impute to any American who is not a Senator any conduct or motive unworthy or unbecoming an American—and without that non-Senator American having any legal redress against us—yet if we say the same thing in the Senate about our colleagues we can be stopped on the grounds of being out of order.

It is strange that we can verbally attack anyone else without restraint and with full protection and yet we hold ourselves above the same type of criticism here on the Senate Floor. Surely the United States Senate is big enough to take self-criticism and self-appraisal. Surely we should be able to take the same kind of character attacks that we “dish out” to outsiders.

I think that it is high time for the United States Senate and its members to do some soul-searching—for us to weigh our consciences—on the manner in which we are performing our duty to the people of America—on the manner in which we are using or abusing our individual powers and privileges.
I think that it is high time that we remembered that we have sworn to uphold and defend the Constitution. I think that it is high time that we remembered that the Constitution, as amended, speaks not only of the freedom of speech but also of trial by jury instead of trial by accusation.

Whether it be a criminal prosecution in court or a character prosecution in the Senate, there is little practical distinction when the life of a person has been ruined.

Those of us who shout the loudest about Americanism in making character assassinations are all too frequently those who, by our own words and acts, ignore some of the basic principles of Americanism:

The right to criticize;

The right to hold unpopular beliefs;

The right to protest;

The right of independent thought.

The exercise of these rights should not cost one single American citizen his reputation or his right to a livelihood nor should he be in danger of losing his reputation or livelihood merely because he happens to know someone who holds unpopular beliefs. Who of us doesn’t? Otherwise none of us could call our souls our own. Otherwise thought control would have set in.

The American people are sick and tired of being afraid to speak their minds lest they be politically smeared as “Communists” or “Fascists” by their opponents. Freedom of speech is not what it used to be in America. It has been so abused by some that it is not exercised by others.

The American people are sick and tired of seeing innocent people smeared and guilty people whitewashed. But there have been enough proved cases, such as the Amerasia case, the Hiss case, the Coplon case, the Gold case, to cause the nationwide distrust and strong suspicion that there may be something to the unproved, sensational accusations.

As a Republican, I say to my colleagues on this side of the aisle that the Republican Party faces a challenge today that is not unlike the challenge that it faced back in Lincoln’s day. The Republican Party so successfully met that challenge that it emerged from the Civil War as the champion of a united nation—in addition to being a Party that unrelentingly fought loose spending and loose programs.

Today our country is being psychologically divided by the confusion and the suspicions that are bred in the United States Senate to spread like cancerous tentacles of “know nothing, suspect everything” attitudes. Today we have a Democratic Administration that has developed a mania for loose spending and loose programs. History is repeating itself—and the Republican Party again has the opportunity to emerge as the champion of unity and prudence.

The record of the present Democratic Administration has provided us with sufficient campaign issues without the necessity of resorting to political smears. America is rapidly losing its position as leader of the world simply because the Democratic Administration has pitifully failed to provide effective leadership.

The Democratic Administration has completely confused the American people by its daily contradictory grave warnings and optimistic assurances–that show the people that our Democratic Administration has no idea of where it is going.

The Democratic Administration has greatly lost the confidence of the American people by its complacency to the threat of communism here at home and the leak of vital secrets to Russia though key officials of the Democratic Administration. There are enough proved cases to make this point without diluting our criticism with unproved charges.

Surely these are sufficient reasons to make it clear to the American people that it is time for a change and that a Republican victory is necessary to the security of this country. Surely it is clear that this nation will continue to suffer as long as it is governed by the present ineffective Democratic Administration.

Yet to displace it with a Republican regime embracing a philosophy that lacks political integrity or intellectual honesty would prove equally disastrous to this nation. The nation sorely needs a Republican victory. But I don’t want to see the Republican Party ride to political victory on the Four Horsemen of Calumny—Fear, Ignorance, Bigotry, and Smear.

I doubt if the Republican Party could—simply because I don’t believe the American people will uphold any political party that puts political exploitation above national interest. Surely we Republicans aren’t that desperate for victory.

I don’t want to see the Republican Party win that way. While it might be a fleeting victory for the Republican Party, it would be a more lasting defeat for the American people. Surely it would ultimately be suicide for the Republican Party and the two-party system that has protected our American liberties from the dictatorship of a one party system.

As members of the Minority Party, we do not have the primary authority to formulate the policy of our Government. But we do have the responsibility of rendering constructive criticism, of clarifying issues, of allaying fears by acting as responsible citizens.

As a woman, I wonder how the mothers, wives, sisters, and daughters feel about the way in which members of their families have been politically mangled in the Senate debate—and I use the word “debate” advisedly.

As a United States Senator, I am not proud of the way in which the Senate has been made a publicity platform for irresponsible sensationalism. I am not proud of the reckless abandon in which unproved charges have been hurled from the side of the aisle. I am not proud of the obviously staged, undignified countercharges that have been attempted in retaliation from the other side of the aisle.

I don’t like the way the Senate has been made a rendezvous for vilification, for selfish political gain at the sacrifice of individual reputations and national unity. I am not proud of the way we smear outsiders from the Floor of the Senate and hide behind the cloak of congressional immunity and still place ourselves beyond criticism on the Floor of the Senate.

As an American, I am shocked at the way Republicans and Democrats alike are playing directly into the Communist design of “confuse, divide, and conquer.” As an American, I don’t want a Democratic Administration “whitewash” or “cover-up” any more than I want a Republican smear or witch hunt.

As an American, I condemn a Republican “Fascist” just as much I condemn a Democratic “Communist.” I condemn a Democrat “Fascist” just as much as I condemn a Republican “Communist.” They are equally dangerous to you and me and to our country. As an American, I want to see our nation recapture the strength and unity it once had when we fought the enemy instead of ourselves.

It is with these thoughts that I have drafted what I call a “Declaration of Conscience.” I am gratified that Senator Tobey, Senator Aiken, Senator Morse, Senator Ives, Senator Thye, and Senator Hendrickson have concurred in that declaration and have authorized me to announce their concurrence.

The Libertarian Party’s Quest for Ballot Access and The Sin of Onan

In Activism, Candidate Endorsement, Corruption, Democracy, Democrats, Libertarian, Libertarian Party-US, Libertarian Politics, Libertarian Politics 2008, Local Politics, Politics, Republican on February 3, 2010 at 8:54 pm

Onan… spilled his seed on the earth, lest that he should give seed to his brother.

Ballot access is a major goal of the Libertarian Party, so much so that we seem to be more concerned with keeping or gaining ballot access for whatever election is next rather than with any Libertarian actually winning in whatever election is before us today. (http://en.wikipedia.org/wiki/Ballot_access) Ballot access seems to have become that tail that wags the dog in third-party politics. Yes, it is important to have our candidates on ballots, but doing that should not come at the cost of using our resources, time and efforts to actually get Libertarians elected to higher offices than city councils, county commissioners and Justices of the Peace.

Without actually quoting any specific messages or e-mails to me by others, I will say that when I have asked my state Party Leadership for Party help with my own election, I have been told that, rather than focusing resources on any specific race, they don’t want to show “preference” for any candidates or any particular races because “it wouldn’t be fair”. I was told that “with 193 races, we can’t play favorites”. I say that it is because of attitudes like that which have resulted in NO major or significant election wins in almost 40 years. When election results are tallied, we crow about how significant we are because Libertarian candidates got 5% of the vote here and 7% of the vote there. Getting 5% of the votes in an election is still losing that election.

The reason I used the infamous line about Onan is that what we are doing as a Party is “spilling our seed on the earth” instead of creating any actual elected officials. I have a feeling, in fact, that Libertarians have been telling each other for so long that is it so important to view the percentages of our loses as victories that I think that there will be a lot of anger, resentment and even hatred showered on the first Libertarian to actually win a notable office. In Irving Janis’ ground breaking book on ‘Groupthink’, he tells us this story:

Twelve middle-class American men and women wanted to stop smoking, and attended weekly meetings at a clinic to discuss the problem. Early in the sessions, two people stood up and declared that cigarette smoking was an almost incurable addiction. The group agreed. The, one man stood up and said “I have stopped smoking and, with a little willpower, so can the rest of you.” Immediately, the other group members began to abuse him verbally, and the meeting ended in chaos. The following week, the dissident stood up again and said that he could not both attend all of the required meetings and stop smoking; so he had returned to smoking two packs of cigarettes as day. The other members welcomed him back into the fold with enthusiasm but no one mentioned that the original purpose of the group was to help each other stop [emphasis in original] smoking. Their new aim was maintaining the status quo at any cost.

I think that, deep down in their subconscious minds, the leadership and long term activists in the Party have become so inured to losing elections that they have accepted a cognitive dissonance in which they delude themselves that they are accomplishing great things by simply showing up to the ball, as it were. Ballot access in NOT what we need to be working for; getting Libertarians elected to significant offices IS what we need to be working on. We HAVE to “fertilize some eggs” and then nurture them maturity, so to speak. If we do not and cannot accomplish that, then what the Hell good are we to America, our states and our communities?

Maybe the Libertarian Party’s candidates NEED to be spending time standing in front of the local Wal-Mart and grocery stores collecting signature to get ourselves on ballots. Maybe we need to be holding open meetings to let people who aren’t Libertarians talk to us instead of holding rallies that are only open those who already think like the rally organizers do. Maybe we need to create “Election Coordinators” to be officers on, if not paid staff of, both our state and our national executive committees? Maybe we need to start from the ground up, do the necessary work, and use the necessary resources to get electable candidates INTO office. Maybe we need some humility instead of fancy offices in Washington. We do not need to attract the rich and powerful even though doing so makes us proud of ourselves; we need to make it where everyday people can walk in off of the street and ask us who we are and what we stand for.

Onan spilled his seed on the earth because he did not WANT to make his brother’s widow pregnant with his child because it would then be his brother’s child instead of his own. The Libertarian Party is spilling its seed on the earth and, whether or not we admit that don’t really want “progeny”, that is the reality that comes with distributing our resources far and wide without there being any chance of those resources paying off for us in the end. We throw our seeds on “rocky barren places where they can find no purchase”.

The current Libertarian Party Bylaws state that:

The Party is organized to implement and give voice to the principles embodied in the Statement of Principles by:

(F)unctioning as a libertarian political entity separate and distinct from all other political parties or movements;

(M)oving public policy in a libertarian direction by building a political party that elects Libertarians to public office;

(C)hartering affiliate parties throughout the United States and promoting their growth and activities;

(N)ominating candidates for President and Vice-President of the United States, and supporting Party and affiliate party candidates for political office; and,

(E)ntering into public information activities.

Notice that the bylaws say that the method authorized by the Party to move public policy is BY getting Libertarians elected to public office. Without getting Libertarians elected we, by our own words, cannot try to move public policy simply by existing as a Party. In addition, the burden of “chartering affiliate parties” falls on the organization itself, NOT upon the people. It is a requirement of our bylaws that the Party itself create (a pre-requisite for chartering, I assume) the affiliate parties. Simply hoping that people will come to US and want to form local Party affiliates is neither effective nor in line with what our bylaws say. As with an elected candidate, the burden is on us, as a Party, to earn the votes / support of the people. It is not THEIR responsibility make things easy for us. By the way, note that maintaining ballot access is NOT one of our stated purposes.

In Texas, the charter for our state Party says that the State Executive Committee will be composed of the elected state Party officers and two representatives from each of our state’s 31 Senatorial districts. That means that there should be 62 district representative members sitting on our state Executive Committee. Instead of 62, there are (according to the available information on the LP of Texas website, http://lptexas.org/content/state-leadership) only 19, with only 6 of the 32 districts being fully represented by two members. This means that only 13 out of 31 districts have ANY representation on the Executive committee at this time and that ALL of the current representatives on the LPTEC are from high population areas of the state. Not a single representative member of the LPTEC speaks for rural area or even moderate population centers.

Like the government of the State of Texas, it seems as if both the National and, at least, the Texas Parties exist simply because they have existed and they function on nothing more than their own small inertia. As one of my political heroes, Pat Paulsen, said;

Vote or get off of the pot.

I have said before that, until we get serious about ACTUALLY being a contributing part of the American political scene, until we actually manage to win some real elections we have become and will remain nothing more than a lunatic fringe wandering in the wilderness telling ourselves that we matter. So, I ask every Libertarian and libertarian who reads this to ask themselves one simple question… “Will I be content to just “spill my seed on the earth” again this year?

Rhys M. Blavier
Romayor, Texas

“Truth, Justice and Honor… but, above all, Honor”

© Copyright 2010 by Rhys M. Blavier

Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225+ years of The American Experiment.

Constitutional Oaths and A Plea to President Obama

In Barack Obama, Corruption, Democracy, Democrats, History, Law, Libertarian, Libertarian Politics, Politics, Protest, Republican, US Government on January 30, 2010 at 1:25 am

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

This simple thirty-five word Oath of Office is specified by The Constitution of The United States as the one, single oath which much be taken by every person who will serve this nation as our President. After this oath is taken every four years, however, no one seems to ever pay much attention to it, but it is important enough that it is the ONLY oath spelled out word for word in The Constitution. There are also only two specific obligations it places on a President; to “faithfully execute the Office of President of the United States” and to “preserve, protect and defend the Constitution of the United States” to the best of their ability.

While no other oath is specified in The Constitution, it DOES state in Article VI, clause 3 that:

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.

For other federal officials, including members of Congress, it specifies that they “shall be bound by Oath or Affirmation to support this constitution.” By federal statute, the oath which must be taken by all members of The House of Representatives and The Senate, as well as by The Vice President, members of the Cabinet, and all other civil and military officers and federal employees other than the President is:

I do solemnly swear (or affirm) 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 the duties of the office on which I am about to enter. So help me God.”

The taking of oaths by all other federal officials in addition to the President dates back to the fourteen word oath created by the first Congress in 1789 (“I do solemnly swear (or affirm) that I will support The Constitution of the United States.”), but the current wording is based more on the oaths written during The War Between the States which were intended to allow treason charges to be leveled against those who supported the south or didn’t support the Union.

The first Congress also specified in The Judiciary Act of 1789 the oath which would be required of all federal judges in the United States:

I do solemnly swear (or affirm), that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me, according to the best of my abilities and understanding, agreeably to the Constitution, and laws of the United States. So help me God.”

In fact, federal judges are currently required to take not just one, but TWO different oaths:

I, _____ _____, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _____ under the Constitution and laws of the United States. So help me God.”

And:

I, _____ _____, do solemnly swear (or affirm) 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 the duties of the office on which I am about to enter. So help me God.”

Federal statute specifically states that this second oath “does not affect other oaths required by law.”

Within the military forces of The United States, the oaths required of both officers and enlisted men are statutory and are prescribed in Section 3331, Title 5 of the United States Code. The oath which officers are required to take is:

I, _____ _____, do solemnly swear (or affirm) 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 the duties of the office on which I am about to enter. So help me God.”

While enlisted men are required to take this oath:

I, _____ _____, do solemnly swear (or affirm) 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; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

An important distinction between the oaths required of officers when compared with that required of the enlisted ranks is that the oath taken by officers does not include ANY provision to obey orders. While enlisted personnel are bound by the Uniform Code of Military Justice to obey LAWFUL orders, officers in the service of the United States are bound by their oath to disobey ANY order that violates The Constitution of the United States.

As far as I can tell, these are all of the oaths required by our federal government for any person who is in any way obligated to serve The United States of America (I am obviously not aware of any secret oaths which might exist within the shadowy corridors of secrecy which our country tries to keep hidden from its citizens). I am also not including the oaths taken by the National Guard or officials of the various states, counties and communities as doing so could fill a small book, needless to say, all of those oaths must meet the same Constitutional requirements as these federal oaths do.

At this point you are probably wondering why I have spent almost a thousand words just to tell you want the different United States federal oaths are. It is very simple. OATHS MATTER! Whether we pay attention to them or not, our Constitution requires them and many people take them, which means MANY people are BOUND by them. Now, as you read through them, you might have noticed that there is only one thing which they ALL have in common (aside from all being very short). I’ll give you a minute to look back through them in case you haven’t noticed it yet.

Every single oath proscribed by or contained within The United States’ Constitution and/or federal statue, EVERY one, obligates the taker to preserve, protect, defend, uphold, support and/or administer justice agreeably to The Constitution of The United States, not the nation, not the people, not the business interests, not any person, concept, idea or entity other than THE CONSTITUTION itself. Furthermore, where any of the oaths mention enemies, it specifies enemies foreign AND domestic, ALL enemies of The Constitution, not enemies of the nation or the people but of THE CONSTITUTION. Thus, by my personal interpretation (and, I assume, that of everyone who demands a strict, literal interpretation of The Constitution), while the economy, national security, foreign, etc. are important concerns of our federal government, as provided for WITHIN The Constitution, the SINGLE most important duty of the President and every member of our federal government is to ensure the health of and obedience TO that constitution. ALL other considerations come after that one and NO duty or obligation is higher than it.

Every time I hear our President say that he “wants to look forward”, I want to cry. We cannot look forward or move forward by ignoring the past. What he is trying to do is build a wonderful new house upon a foundation that is very badly damaged. In such a case, it doesn’t matter how well you construct the house, it will not last because it must have a solid foundation. In fact, the bigger the house, the more important the integrity of the foundation is. Oaths matter, but so do the principles demonstrated by those who take those oaths. No matter what words we might choose, words are not actions and principles are demonstrated by our actions. A principle is only a principle if it is something you do even when it is difficult, inconvenient or could cause you, yourself, damage. If principles only required us to do things when they are easy or convenient, when there is no real cost associated with following them, then EVERYONE would be principled. Principles DO matter and what is shown to us by a person’s very real actions is what tells us what their principles truly are, not the words they tell us.

Therefore, I call upon Barack Obama, the 43rd President of the United States to uphold his constitutional oath of office and preserve, protect and defend The Constitution. I call upon him to repair the damage done to our constitutional government by past administrations and officials, elected and appointed. I call upon him to define what his powers are as President under The Constitution and to specifically repudiate those which are not consistent with the provisions of The Constitution, including the power to single handedly declare that he will not obey and uphold laws or treaties enacted by Congress simply because he doesn’t like them or to claim dictatorial powers to dispense with constitutional provisions (like habeas corpus, cruel and unusual punishment, right to speedy trials, legal advice and hearing all evidence presented against the accused.) upon his own whim. I call upon him to publicly repudiate the entire concept of The Unitary Executive and acknowledge the Constitutional invalidity of all exercises of such by ALL Presidents going back to the administration of Harry Truman. I call upon him to investigate and prosecute all officials and officers of The United States, in every branch and department of The United States who have ever done harm or damage to The Constitution, including by refusal to abide by legal and treaty obligations, up to and including war crimes committed within The United States and/or in the name of The United States by anyone in or working on behalf of The United States, up to and including former Presidents and Vice Presidents of The United States.

 To Mr. Barack Obama, 43rd President of the United States, I would like to personally say this:

Mr. Obama, I know that you were elected to be President of The United States for many reasons… our economy is bad and people thought you could fix it; our national reputation is tarnished and people thought you could improve it; we needed hope for the future rather than fear of it and people thought you could give that to us; and for so many other reasons both important and trivial. However, there were many people in this country, including me, who voted for you because our Constitution and our constitutional government have been horribly damaged over the course of the last eight years, if not over the last quarter of a century, and we believed that you could and would work quickly and aggressively to fix it, as well as to prosecute and punish those guilty of violating their own oaths to it and of doing harm to it.

No damage has EVER been done to our Constitution by any EXTERNAL enemies of our nation. Those who attacked us on Sept. 11, 2001 might have hurt our nation and killed our citizens, but they did not hurt our Constitution. The same is true of Timothy McVeigh and the bombing of the Alfred P. Murrah Federal Building on April 19, 1995. He attacked the people of the United States but he did not threaten or harm our Constitution. No external enemies of our nation ever did any damage to our Constitution in the 50s, 60s or 70s. All of that damage was done by domestic enemies who were attacking The Constitution from within… McCarthy, The House Un-American Activities Committee, J. Edgar Hoover, the Nixon Administration and many others. No damage was ever done to our Constitution by the Soviet Union or ‘international communism’ but rather by those Americans who thought that the Soviet Union was so dangerous that they had the right to violate our own laws as well as our Constitution. But in fear of communism, many threats to our Constitution result from the actions of our own Congress and administrations from Truman to Reagan. No foreign enemy has EVER harmed or even threatened our Constitution over the entire course of our history as a nation, but many domestic enemy have, and they have done so while wrapped tightly in the flag of and holding the symbols of The United States, going back to at least 1798 with The Alien and Seditions Acts. America may have been threatened many times in its history by enemies foreign and domestic, but no threats to our Constitution have ever come from external forces attacking us, they have ALWAYS come from our own internal rot.

I know it will be difficult to do. I know that it will cause political problems and turmoil. I know that it could precipitate a political civil war within this country. I know it would detract from other areas which you need to address, such as our economy. None of that matters however. The oath you took obligates you to do this. It isn’t a choice, it is a duty, and no one gets to pick which duties they will fulfill based on which ones are more difficult or unpleasant than others. Remember though, you are the person who is charged by the Constitution to execute the provisions of and laws according to it. In the end, your most important legacy will not be our economy, our wars, or our energy policies, or our healthcare system; those things are all transitory. In the end, your most important and lasting legacy will be what you demonstrate to the American people about what our Constitution and our constitutional government really mean. There is no one else, Mr. President, except you upon whose shoulders this duty falls. Please, do not let our nation, no, not our nation, please, Mr. President, do not let our CONSTITUTION down. I don’t think we can survive if you do.” 

Rhys M. Blavier

Romayor, Texas 

Truth, Justice and Honor… but, above all, Honor

© Copyright 2009 by Rhys M. Blavier

John Dough, Inc. — Legal Person and Citizen of The United States

In Activism, Civil Liberties, Constitutional Rights, Corruption, Courts and Justice System, Democracy, First Amendment, Fraud, History, Law, Libertarian, Libertarian Politics, Politics, Protest, US Government on January 25, 2010 at 12:24 pm

With its January 21, 2010 decision in the case of CITIZENS UNITED v. FEDERAL ELECTION COMMISSION (http://www.supremecourtus.gov/opinions/09pdf/08-205.pdf), The Supreme Court of The United States issued a ruling as wrong as any it has made since the infamous “Dred Scott decision” and more activist than any judicial legislation that those on the far-right have ever cried out about. Overturning over 120 years of precedence and legislation, the five conservative justices alone have given body and breath to the “corporate person” which was created, not by legislation but rather by another decision of The Supreme Court, Santa Clara County vs. Southern Pacific Railroad (1886). (see http://blavier.newsvine.com/_news/2009/05/07/2789966-the-corporate-person-re-edit for more information).

 

In response to this horrifying and unjustifiable ruling, I have sent to the office of the Texas Secretary of State, a check for $25 and a Certificate of Formation Nonprofit Corporation, signed and dated by me on January 21, 2010 to create “John Dough, Inc.”. Clearly stated on the application for certification, the corporation is created with the purposes of:

 

1.) To function as a legal corporate person in the United States of America, based on decisions by the SCOTUS, beginning with Santa Clara County v. Southern Pacific Railroad Co. (1886) through Citizens United v Federal Election Commission (2010) which conferred the legal status of “personhood” on American Corporations.

 

2.) To seek to achieve legal and judicial recognition of all of its citizenship rights and privileges as a native-born “person” of The United States of American, including the right to vote, the right to run for office, the right of free speech, the right of gun ownership and every other right which belongs to any and every native-born American.

 

3.) To create challenges, through the judicial authorities and courts of The United States of American, to the legal concept and standing of a “corporate person” as having the same rights and powers of flesh and blood citizens of The United States.

 

It further states in the application that:

 

This corporattion shall not exist or function to profit any individuals, and its membership shall be open to any other persons who wants to support the efforts of this “corporate person” to challenge the standing and status of corporations as legal “persons” under The Constitution of The United States, as created and defined by decisions of The Supreme Court of The United States since 1886.

 

The Corporation shall exist be an instrument with which its members will register for any and all rights which, by nature, belong to a legal and native-born person in the United States, including its standing as a legal citizen of The United States, a registered voter of its home state and districts, to apply for licenses as a legal person, to run for political office as a legal person, to possess a passport of a citizen of The United States, and of any and all other tactics by which it can be used to challenge the legal “personhood” status of corporations within The United States.

 

I will be registering John Dough, Inc. to vote as a resident of precinct 15, Liberty County, Texas.

 

Once John Dough, Inc. is certified as a non-profit corporation, I will seek donations and membership within the corporation by any and everyone who supports this effort to challenge The Supreme Court of The United States. If The State of Texas refuses to certify John Dough, Inc. as a nonprofit corporation, then I plan to challenge that decision. Anyone with legal training who is a member of the Texas Bar Association and, thus, eligible to practice law within The State of Texas are also welcome to help with this cause.

 

Rhys M. Blavier

Romayor, Texas

 

“Truth, Justice and Honor… but, above all, Honor”

 

© Copyright 2010 by Rhys M. Blavier

 

Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

The Next Greatest Generation?

In Activism, Congress, Corruption, Democracy, Democrats, Economics, Fraud, Libertarian, Lies and the lying liars who tell them, Personal Responsibility, Politics, Pork, Republican, Spending, Taxation, US Government on January 13, 2010 at 8:09 pm

I know of very few people in America today who would disagree with the statement that America is heading for a mountain cliff heedless of the dangers which will await us once we plunge over it. While people of differing ideologies might not agree about the various factors which are pushing us farther and farther into danger, I think that one thing that can be agreed upon by all factions is that our national budgets / spending are out of control and is one of the contributing factors. There are two basic topics which I want to discuss with this article. One is about some factors which I think compound the problems and combine to make our nation fiscally unsustainable. The other is a call to action and sacrifice by my own generation.

Have you ever wondered how one politician can claim that government spending has been reduced while another politician can claim that government spending has been increased and, yet, they can both be telling us the “truth” while our financial problems continue to get worse and worse with each passing year? Well, we can thank the idea of “baseline budgeting” for making such political contortionism possible. Baseline budgeting is the concept that, for a new budget year, you will draw a line at specific totals of spending from the previous budget (the baseline) and you then incrementally increase spending above that baseline. Thus, one politician can say that spending has been cut if the amount of money that will be allocated above the baseline is less than what might otherwise be allocated while the other can say that spending has increased because the current budget is higher than the previous one. In neither case, however, has the issue of the already bloated budget mess been addressed.

On the opposite end of the possible budgeting methods is “zero-based budgeting”. Zero-based budgeting is the process of building a brand new budget from the ground up each and every year. As stated in the Small Business Accounting Guide, “(ZBB) is a method of budgeting which requires you to justify all planned expenditures for each of your new business period[s]. It defers [sic] from traditional incremental methods which may only require you to explain the amounts you need in excess of the previous period’s funding.” (http://www.small-business-accounting-guide.com/zero-based-budgeting.html)

Baseline budgeting is easier for politicians who either can’t be bothered to spend the time necessary to actually create an annual budget from the ground up or who don’t want to cut pet projects and excess pork that benefits their own constituents (and thus, their chances of getting re-elected). Baseline budgeting also increases the likelihood that expenditures will be made annually that no one is actually aware of. To make a baseline budget sustainable over a period of years or even generations, you must have an infinite and ever increasing source of money and resources. Without such an infinite or growing pool of resources, taxes must be continually raised and new sources of taxation must be found, otherwise you have a system which continually increasingly overextends itself. Eventually, the golden goose (the taxpayers and revenue sources) die, leave or rebel because they have no more to give.

If you want to see a demonstration of why continuous baseline budgeting without a sufficient resource pool to draw from creates an unsustainable economy try this, get some Legos® and attach one block to a Lego base. So far, so good, it is solidly grounded. Now, what you do from there is to continue adding new Legos to the stack (not the base, the stack) you have started EXCEPT that, instead of placing new Legos completely over the ones already there, you add each subsequent Lego one step off from the one below. This creates a stair-like effect. The problem is that, without addition support from its base, you eventually reach a point where the weight on the topmost and farthest point of the stack is too great to be supported by the base and the end topples over. When it does collapse though, the top block is not the only one that falls off. Because of the connectivity of the blocks to the ones above and below them, most of the stack will collapse. THAT is the end result of continuous baseline budgeting.

Another way to look at it is that our government is a drug addict and the drug which they need to get high is tax dollars. As with any long-term and strung out junkie, the amount of drugs needed to give them their fix increases. Junkies do not make wise choices. The will ignore food, hygiene, love, any and everything which does not contribute to their high. They will also beg, borrow and steal money from anywhere that they can in order to buy them their drugs because they can’t make rational decisions. Eventually, those who have willingly or unwillingly financed their habit want their money back. If you don’t see where this is going, try watching the movie Less Than Zero and imagine that the character played by Robert Downey, Jr. is our government.

Things would be bad enough if baseline budgeting was the ONLY budgeting problem that our government has. Unfortunately for us (the taxpayers) there are quite a few other flaws in the system. As a result, simply changing our budgeting method to a zero-base budgeting system (or to any one of several other possible ideas, such as program based budgeting) will not fix the problems with government expenditures.

Another of the problems (out of many) is that budgets are made based on PROJECTIONS of what Congress and the President THINK our national income will be for a given year. As a result, the actual amount of what is available is always wrong. If the projection is too high, then money will have to be “borrowed” to make a budget work. If the projection is too low then the excess money will STILL be used to fund SOMETHING. How this problem works is that taxes are due in April and usually by October, the government has a pretty good idea of what they actually have to spend. This is good because it coincides with America’s fiscal year. This is bad because what is being budgeted for is the fiscal year starting the NEXT October. While it would be painful to remedy this (and take several years), the time to present the next year’s budget can be moved back by two or three months each year until eventually budgets that are presented are based on what the real government income was (and which has been in “the bank”) since the PREVIOUS October. This, again, draws back to the analogy of the drug addict and trying to clean him up and wean him off of his drugs. Right now, we are theoretically spending money a year before we have it. We need to move things back until we are only allowed to spend what we have had in our hands since the previous October.

On another front, while in THEORY the budget is made up of a lot of individual budgets for all of the different budget areas, what is now the common practice is to make the process so continuous and time consuming that eventually Congress is forced by time limits to roll everything up into huge and monstrous constructs, so big that NO ONE can actually know what is contained within them, called omnibus budget bills. ( http://corporate.cq.com/wmspage.cfm?parm1=232) As a way to delay the “need” of passing of omnibus budget bills, Congress can, and does, pass what is called a “continuing resolution” or a CR. (http://www.thisnation.com/question/003.html) What a CR does is authorize the government to continue spending what it is already spending based on the lowest possible amount… the amount proposed by the Senate, the amount proposed by the House, or the actual expenditure. While holding spending at the lowest level asked for might, on the surface, sound good, it is usually a political ploy to either hurt programs not liked by some members of Congress or to continue funding a pet project that might otherwise be cut. This game is played out until the “clock” runs out and, viola, the only option available is to pass yet another omnibus package.

There are many more problems which simply screw the taxpayer each year, such as earmarks, pet projects, hidden budgets, etc. Did you know that Congress gets an AUTOMATIC pay raise every year unless it votes to specifically NOT give itself a pay raise in any particular year? Because of a law passed in 1989, Congress doesn’t have to do anything or pass anything to get their automatic raise each year. If they do NOTHING they get the raise. (http://usgovinfo.about.com/cs/agencies/a/raise4congress.htm) In addition, for a nation which was designed to have no permanent political class, elected office now comes with huge pensions and benefits. (http://money.cnn.com/2006/01/20/commentary/wastler/wastler/index.htm).

In addition, our legislatures operate under a sort of reverse-NIMBY (Not In My Back Yard) philosophy when it comes to spending taxpayer’s money. I say reverse because (unlike politicians doing whatever they can to keep anything potentially negative from happening in the locations that they represent, no matter how necessary they might be or how they might be the best solutions for our nation, as a whole), politicians will say that we need to reduce spending EXCEPT for the spending that benefits their districts or states. Hey, we have too many military bases; no problem, we will close some, EXCEPT for the ones in my district. Wow, that project is a huge sinkhole for money but the money goes to my constituents so, by God, I will fight tooth and nail to keep it funded. Everyone agrees that spending needs to be cut but no one is willing to cut spending that benefits them or their businesses, no matter how much sense it might make to stop that spending. We have become a nation of whores who will justify any and every atrocity as long as we personally make money off of it. Such spending is nothing more that wholesale bribery by our legislatures to us, the people, to buy our votes to keep our Senators and Representatives in their jobs. “Every government is a parliament of whores; the thing is, in a democracy, the whores are us.”(Anyone who is interested in how our government works, or doesn’t work, but has not read P. J. O’Rourke’s brilliant Parliament of Whores needs to read it as soon as they can.)

So, what are some of the actual ways in which our government budgeting process and its resulting need for ever larger amounts of revenue harm the people of America. Well, for one thing, if we go back to the drug addict analogy, our government is not just addict, it is also a powerful “crime lord”. For a nation born from a tax revolt, America has become one of the most, if not the most, greedy and oppressive nations in the world when it comes to collecting taxes, even to the extent of its belief that collecting American taxes justifies its right to bully other nations into cooperating with the IRS. The United States is unique in the world in its obsession with collecting taxes from any and every American living outside of the US. (http://www.ivdgl.org/pages/c-lifeevents/expatriation.html) (http://wapedia.mobi/en/Tax_evasion) (http://www.richw.org/dualcit/faq.html#discover)

Unfortunately, this standard only seems to apply to individuals who the government can beat up on. Large American corporations can, for all intents and purposes, buy their way out of being taxed, even when they “base” themselves outside of The United States, by simply giving politicians “great heaping wads of cash” or, to use O’Rourke’s phrase, “more money than you can shake a stick at AND the stick”. If individual citizens were to do this, they would be considered “tax evaders” and prosecuted wherever they might relocate to. America wants “its” money and it is damn well going to get it, even if it means hounding geriatrics into their graves.

So, how can our national and state budgets be fixed before everything collapses? First, some generation is going to have to accept that it is going to be screwed, either by cutting or losing their own benefits or by being left holding the hot potato when it blows up. I realized this many years ago, when my own grandparents were still alive and I, in my twenties, listened to my grandfather get very angry about anything being done or even talked about by the government which might lessen his own benefits without any concern for what kind of mess would be left behind. Now, I loved my grandfather, he still is one of my heroes, but, at that moment, all I could think was “You selfish bastard; what about your own grandkids?

I realize that it is unconscionable to take away from people who have already entered their last years because they cannot rebuild their own lives. We cannot expect those generations to harm themselves like that. If sacrifices are going to be made, one of the younger generations will have to make them. Just as it is not reasonable to ask the dying generations to make such sacrifices, it is immoral to say to younger generations “I don’t care what happens to you or what you are left with. I’m going to get mine while I can and to Hell with anyone else.” (This, of course, is essentially the foundation of Ayn Rand’s objectivist “philosophy”.) This is where my call to action comes in. While this mess was created and worsened by the generations of our parents, grandparents and great-grandparents, if my own generation doesn’t simply suck it up and take the bullet, it will be the generations of our children and grandchildren and great-grandchildren who will be hurt, and even worse than we would be by taking the hit now.

My grandfather’s generation has been called “the greatest generation” because it fought and died to save the world from the Axis powers in WWII. How can any of us expect to beat what they did? What we can do is harm ourselves in order to make things better for the generations which follow us and, maybe, give them something to live up to. We can become “the NEXT greatest generation”. This is my call to my own generation; this is my call for us to be heroes to the generations that follow us. Let us make the painful choices now. Let us absorb the harm, the lessening of benefits, the belt tightening, the need to rely on others to personally help us because we won’t be getting the help from the government that many of us will need.

I would also ask my readers to keep in mind that not only is my monthly government disability check my own source of income; I have no children to either rely upon or to worry about leaving our messes to. I have every reason to keep things the way that they are now and no reason to worry about how any future generations might be harmed. I have nothing to gain in this and everything to lose, but, if it would help future generations, I would willingly give up what I personally get and need. Would any others from my generation agree to make the necessary sacrifices themselves? Can we be the ones who clean up the mess that has been left to us? Do we have to courage to make ourselves “the next greatest generation”?

Rhys M. Blavier
Romayor, Texas

“Truth, Justice and Honor… but, above all, Honor”

© copyright 2010 by Rhys M. Blavier

Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

A Modest Libertarian Proposal: For Secessionists, Separatists, Radical Anarchists, Anti-Government Absolutists, Conservative Neo-Republicans, Randian Objectivists, Tea-Baggers, “Me, First & Last” Social Darwinists, and Conspiracy Theorists

In Corruption, Democracy, Libertarian, Libertarian Party-US, Libertarian Politics, literature, Personal Responsibility, Politics on November 30, 2009 at 12:57 pm

I did a LOT of driving this last week-end, a LOT. This gave me a great deal of time to think and process recent experiences. One conclusion that I did arrive at is that if a group of people gather together for a common cause (other than masturbation) and then spend their day in a mutual masturbation circle jerk, they will have accomplished nothing.

On Saturday, I went to a libertarian gathering which seemed to be more about libertarians telling themselves how successful they have been at furthering their cause even if they haven’t been able to actually get anyone elected to a significant office. There were no strategies or concrete ideas for getting anyone elected or for spreading the libertarian idea to a wider audience. While I met some good people, I found that the main value for me to have made the trip was in observing and listening to the others there. What I did not hear were any words which spoke of libertarianism as being about anything except “me”. One speaker even lived up to the cliché view of what current libertarians are when she spoke about reading Ayn Rand and realizing that caring about others or helping to make the world a better place has no value.

On Sunday, I drove to my old home town to help some friends do some work on a house. This house has been a special place for a long time. In 1972, a group of college friends found a place to live in off-campus. During the 70s, it was pretty much a commune for the local science fiction group. For probably 15 years it was home to a rotating group but the house was always there for us. For most of the last 20 years, it has been the permanent home to a few of the gang but the house has remained a constant in the lives of many. I moved away and moved on with my life but 17 years later I came back and the group still gathered at the house on regular annual times. I have never lived there or even spent a night there but, when the message went out that there would be a work day on the house, I was there. I gained nothing, at least in objectivist terms, by helping out but it was a small gesture of thanks for what the house and the people who have lived there have meant to me.

The stark contrast between how the two days were spent was startling. A second conclusion I arrived at is that I think that there is more to be gained by working together to build a better world around us than there is from seeing the world as a place where it is ok for the strong to prey on the weak. The week-end reinforced what libertarianism meant to me when I was first attracted to the movement.

Thirty years ago, I had the profound honor of hearing a man named Ed Clark speak at Texas A&M University, courtesy of the Memorial Student Center’s Political Forum committee. Rudder Theater was full that night. There were many there who were, like me at age 20, preparing to vote in our first Presidential election (and for me, my first government election as I briefly lived in the United Kingdom in 1978 – 79). This man was the candidate for a new political party, and was that Party’s first candidate to be on the ballot in all 50 states. The Libertarian movement and idea was getting some national attention because of how “radical” and fresh it was. They had a vision of a limited government which would combine the best facets of conservative fiscal policies with progressive social policies. In a radio interview, Clark described libertarianism as “low-tax liberalism”. Hearing him speak in person was a remarkable experience for me. Not only were his ideas progressive and forward-thinking, they were inclusive and logical.

To this day, I still call myself an Ed Clark libertarian. Unfortunately, the Party pushed Ed Clark and his liberal / moderate wing out during their 1984 convention. If you ask people today what a libertarian is, most of what you will hear are descriptions of a radical, conservative, neo-Republican lunatic fringe group. In 1980, it looked like the Libertarian Party might, one day, have a legitimate influence on American government. Coming up on 2010, it looks like we have crawled beyond the fringe to create our own unique brand of American political lunacy, on a par with the Anti-Masonic “Know Nothing” Party of the 1800s. With this in mind, I want to make a modest proposal to all of those who hate government, despise paying any taxes, want to “be off of the grid” and want to be left completely alone by every government.

We will GIVE you a 5,000 square-mile plot of land in Alaska. Not enough? How about 10,000 square miles? We will set aside that land and will legally declare it to be independent of the United States of America or of any other nation of the world. It will be free land on which you can settle and create your own society with a complete absence of government. You will not be subject to any law or be a part of America in any way… no taxes, no military service, and no government interference of any kind. We will also shoulder the costs to relocate anyone who wants to leave the United States to participate in this experiment. This will be a one-way, one-time ticket. We will take all of you to the border of your new homeland and let you enter it freely and of you own volition. Further, we will assume all of your debts, (up to, say, $25,000). If your debts are greater than that, so what? You will be moving to a place where you will be free from debt collectors. What will your credit score matter up there? We will arrange for the sale of your American property, both to free you from the burden and to help pay for the costs which The United States will incur on your behalf so that you will not be beholden to any other person or nation. In short, we will do everything necessary to help you sever all ties between you and the United States. We will give you what you are asking for in its entirety. You can be completely free from any and all government control or responsibility. By doing this for you, however, there would be a lot of changes that you would need to be aware of.

Remember, infrastructure is created by governments. There will no roads, electricity, water, sanitation, waste removal, hospitals, medical care, medicines, schools, postal service, police or fire departments, judiciary, defense, phones, internet or any other public “improvements” other than what you will be able to create for yourselves. In your new haven, there will be no government, no law, no order, and no society which you do not create for yourself.

We understand that you don’t like anything that is “tainted” by being provided to the general public, and / or bought or created through the use of “Federal Reserve Notes” (and yes, this week-end I heard someone talking about their new business and saying that they would not accept “Federal Reserve Notes”). So you will not be allowed to take any United States currency with you because you will not, of course, need it. You will not be allowed to incur any additional debt through credit so, in preparation for your move, you will be limited to dealing on a cash only basis. If you want to convert it all to gold or silver or gumdrops, you can, but remember, you will have to carry everything you will take in with you. I assume your economy would be based on the barter system. I will be curious, though, about what you will be able to barter with to get AT&T to provide you with communications capabilities, as one example.

Your American citizenship will be permanently revoked, as will those of any of your families, dependents, and friends who join you. As such, you can never again vote in any American election. You can never again enter the United States without proper documentation and / or visas. If you try, you will be subject to being arrested and deported back to your homeland, the same as any other illegal alien, you know, like Mexicans. You will never again receive any government payments, benefits, healthcare (federal or military) or assistance which would “force” you to possess any documentation, utilize our immoral currency or rely in any way on the government which you hate so much. This means that you will never receive any social security payments, Medicare, retirement funds, insurance payments, not even the annual payout made to citizens of Alaska because, of course, you will be citizens of your own non-nation. Oh, and about that land, you will each be able to possess as much of it as you can take and hold onto. You will have the absolute freedom to make your land your own BUT you will not, of course, be given any actual legal title to the land because to give you such title would require a legal and judicial system… and you wouldn’t want that either, would you, because they are also creations of government.

While I suppose that we could allow you to take in a suitcase of your own clothes (whatever you can carry), to fully honor your John Galt desires, we would not allow you to take any tools or other products created by our industrial mass production system. You see, we would want to respect your wishes to not allowing you to be burdened with anything so ignoble as having been purchased with “Federal Reserve Notes”. Maybe we could provide some of you with forges but how you would carry them into your new nation without tools or carts made by tools that you have made for yourself, I don’t know. Even if I had the answer to that, though, you wouldn’t want to know it because you want be pure, untainted and left entirely to your own devices. Each of you, after all, is John Galt.

Of course, you would be completely landlocked by the United States but that, again, would only be out of respect for your demands for complete independence and your wishes to have no “foreign entanglements”. We would thus ensure that you would be free of the temptation and taint of dealing with other nations or, even worse, with the United Nations. No, you will be completely and entirely free. You will be given your own country and cut off from any influence, hindrance, or assistance from anyone outside of your own borders. Imagine if “Escape from New York” was about turning Manhattan into a self-contained country instead of a prison… but without all of the inconvenient reminders of civilization and development like buildings and roads.

We will give you all of it. All you would have to do is give up everything else… oh, and allow those of us who do not believe as you do, those of us who do not share your vision of an anarchist “Heaven on Earth”, free to carry on our ridiculous desire to actually improve the society that we are part of. You will all agree to leave us alone in this immoral world which we believe can be improved. We leave you alone and you leave us alone… for ever (or until you all die off). Do we have a deal?

Now, for those of us who are left when the dust of the mass migration settles, let’s work together to figure out how to make the government we do have better. Let us create a fair and equitable tax system. Let us work on the problem of creating a society which benefits all of the people. Remember, political and philosophical extremes create unworkable absolutes. Some of us believe that the only way to make the system better is by working within it. We can have less government, lower taxes, and a beneficial society. All we have to do is be willing to work for it.

I, for one, will not abandon my fellow Man. My desire for a limited government does not mean that I reject the idea and value of government altogether. I believe in government and I believe that it can be improved, that it can be designed to function effectively. Remember, we get the government that we deserve. In a free society government is the creation and responsibility of a free people. If our government does not work properly, it is our fault for not caring enough to figure out how to make it better. It is also our responsibility to make government work for the people it serves, not be served by the people who work under its system. I am willing to stay here and do what I am capable of doing to make it better for EVERYONE… even those who don’t believe as I do. How many of you out there will help me? Can we work together to create a practical, rational and realistic idea of libertarianism and, from there, a practical, rational and realistic idea of libertarian anarchy which can be “sold” to those outside of our movements? I think that we can and I, for one, am ready to start trying.

Rhys M. Blavier

Romayor, Texas

Truth, Justice and Honor… but, above all, Honor” 

© Copyright 2009 by Rhys M. Blavier

HOW SERIOUS IS THE LIBERTARIAN PARTY ABOUT BEING TAKEN SERIOUSLY?

In Congress, Democracy, Democrats, Libertarian, Libertarian Party-US, Libertarian Politics, Local Politics, Politics, Presidential Candidates, Republican, US Government on November 25, 2009 at 1:53 pm

When I was 20 years old and preparing to vote in my first Presidential election, a man came to speak on the campus of Texas A&M University about his new party and his campaign for the Presidency. That man was Ed Clark, the first Libertarian candidate on the ballots of all 50 states. He spoke of a vision of government which combined fiscal responsibility with social humanism. Ed Clark made such an impact on my personal view of politics that now, 30 years later, I still call myself an Ed Clark Libertarian. Unfortunately, since then I have watched the Libertarian Party move to the far-right with no coherent message to the point where, instead of creating a viable third party in American politics, it has become seen a ‘lunatic fringe’ of the extreme far-right, religious conservative wing of the Republican Party, a neo-Republican Party, if you will. After 30 years, it has still never made a serious impact on American politics at either the national or even the state level. The fault is our own but, I personally believe that could be realistically changed… starting with the 2010 elections.

Right now, politics in America might be more volatile than it has been at any point in its history since 1860. The Republican Party faces the real possibility of splintering into two or more parties; divided by their extreme far-right Christian conservatives who view politics as a religious struggle with them battling for the glory of heaven by exerting “his will’ on Earth. Because this faction is fighting what they see as a battle for the next world, they see those who “oppose” them as inherently evil. They cannot compromise in what they see as a very real battle between “good” and “evil”. As such, they can be counted on to focus their efforts on stopping the “advance” of “ungodly” issues in America. They will even turn on their own, on other Republicans, who they see as weak in the face of their enemy… and make no mistake, they see those who do not agree with them as true enemies.

This internal conflict within the Republican Party, however, offers the Libertarian Party a very real chance to become a viable alternative party for the American voters. To do that, however, requires us to change ourselves into a viable party. Over the course of the last 30 years, the Libertarian party has moved backwards instead of forward. What was once seen as party with an interesting view of what government could be has become a perceived lunatic fringe of right-wing tinfoil-hat conspiracy theorists. We, ourselves, have marginalized our Party in American politics. We have no one to blame for our lack of achievement other than ourselves. As such, only we can change the perceptions of us by the American voters. To do that, we need to develop a strategic plan for 2010 and the following decade. We cannot possible devise winning tactics if we do not have an overall strategy for ourselves. We also need to give the American voters confidence that if they do elect any of us that we can participate and function in a real world government.

So, what are some things that the Libertarians need to do or change to become a viable third party in America? One is that we need to move beyond having a general philosophy about what government should be and become a political movement with an actual vision of what government can be AND an actual plan for how that can be accomplished. The question isn’t why SHOULD voters support us, it is what keeps them FROM supporting us. Remember, no voter owes a candidate or a party their vote; it is up to a candidate or party to earn their votes.

Another is that we need to stop running candidates for Executive offices until we can support those candidates by holding enough Legislative seats to help them. Politics, like life, is a gamble. Not only should you never make a bet you are unable or unwilling to lose, you should never make a bet you are unwilling or unable to win. Realistically, if ANY third party or independent candidate were to win the Presidency or a Governorship without having any Legislative support, their administration would be a complete failure. In addition, that failure would become generalized as an argument against ever again voting for candidates who are not party of one of the governing parties. It would actually damage us rather than help us.

Yet another is that we have to stop spreading our very limited resources so thin that we accomplish nothing. Imagine that we are farmers trying to grow a crop, like roses. Roses require a LOT of water in order to grow and become something that can be sold. What we have is a very limited amount of water. It would be better to focus on a few plants instead of trying to raise all of the plants by spreading our water so thinly that NO plants have enough to grow. Now, let’s ask ourselves “What is the quality of the roses that we raise?” In order to increase the resources we can use to raise more roses in future years, we need to be able to sell a few today. We need to develop a “long game” strategy for the future.

On the national level, we need to be focusing on a realistic few races for Legislative office, and we need to start doing so immediately. It would also be better to win seats in state legislatures this year than it would be to win Congressional seats in 2012. Why? In one word, the answer is ‘redistricting’. Most states with more than one member of the US House of Representatives seem to have mostly gerrymandered safe districts, which makes it almost impossible for candidates who are not from the two main parties to win. We need to have legislators at the state level that can fight for non-partisan maps with NO safe districts. This is a very real way to tell the voters that their legislators work for THEM. I advocate a map which starts in each corner of a state and only looks at numbers of voters to create compact, regularly shaped districts without regard to race, creed, color or party. This would create districts that cannot be seen or used to promote ANY specific person or party. The reasons for this should be obvious. Not only will it help us in the future by giving third-party candidates a fair chance to win, it will also allow us to demonstrate that our primary interest is in giving power back to the voters.

We also need to understand that it is not necessary to win a majority, or even a plurality of seats to make a difference. Let’s look at Texas, as an example. Texas is in political turmoil right now. It functions on inertia… there is a government because there has been a government and it operates because it has operated. It is too big of a juggernaut to stop and it is simply rolling over everything in its path. The Texas Republican Party is eating itself right now. Our sitting Governor, Rick Perry, will have to fight against one of our two Senators, Kay Bailey Hutchison, just to win his own party’s nomination. This is not only internally destructive, when you understand how Texas operates; it is absurd because, constitutionally, Texas has a weak Governor system. The two most powerful offices in Texas government are the Lt. Governor, who presides over the Texas Senate, and the Speaker of the Texas House of Representatives. So, Texas has a strong legislature to really run the state, but that legislature only meets every other year and for a very limited number of days. In addition, the 2009 legislature threw out the sitting Speaker and chose a new one in a tough internal battle. At the state Senate level, our Lt. Governor is likely to try to get Kay Bailey Hutchison’s seat in the US Senate. Texas is in political crises and, as the White House Chief of Staff so famously said, never let a crisis go to waste.

Right now, the 150-member House is almost evenly divided between the Republicans and the Democrats. The Texas Democratic Party right now is going to make a serious effort in the 2010 elections. They are actively recruiting candidates and have already held week-end long ‘mini-camps’ to educate potential candidates AND campaign staffs on how to campaign, how to fundraise, what the legal requirements are, fill out the forms, etc. These camps also allow potential candidates and the state party staff to get to know each other. They only need a few seats to wrest back control of the state House and they are determined to accomplish that. In a situation like what is facing Texas in the 2010 elections, if we could elect just 5 members of the state House, neither party would be likely have a majority. If we could elect just 2 members to the state Senate out of the 31 seats (half of which are up for election in 2010), we would have almost 7% in that body. If we could accomplish those two challenges, we would have a say in what happens in Texas AND the chance to work for a politically neutral district map.

The LP needs to be PRO-active about the 2010 election. If we wait until the state conventions in July 2010 we shouldn’t even bother. We need to get out AHEAD of the political season and start the discussions ourselves so that they will take place on our terms. We need to lead the discussions rather than respond to them. We need to have state and national party leader who are actively speaking around the state and promoting what our party offers that is different than what the other parties offer. All of our focus needs to be on the state legislatures this election. To make a difference, we have to be able to say WHAT we will do, and then DO what we say. It isn’t enough to be against what the other parties do, we have to offer a vision of what we CAN do. We need to find 5 – 10 House candidates and 1 – 5 state Senate candidates in 3 – 5 states to put our national efforts behind. It isn’t enough for these people to become known in their own districts… all of them must become known statewide. The people need to have speaking engagements across the state now, and they need to be speaking to full houses, not nearly empty rooms. They need to be where people are. This will not only help recruit new members and other potential candidates, it will get these people in the news where they can be seen by the voters in their districts as BEING recognized throughout the state.

We need to formulate strong, serious and realistic plans and timelines for what will be done between now and the election. We cannot keep operating on the serendipitous hope that voters will choose us because, gosh, we aren’t the other guys. We need to find a few key issues that the state candidates will uniformly speak to. Beyond that, we need to find candidates who cover different interest areas, different experiences and bring different skill sets to the table. We need to offer our disparate candidates as a real slate, working together. Even if we do this, however, we still must operate with the recognition that we can NOT win more than a handful of seats, at best. That is ok, though, because it GIVES us a message and a strategy.

Our candidates must offer very real differences between our party and the status quo. Remember, we are fighting inertia here. Without an extreme effort to shift that inertia, voters will continue to do as they always have. We need to also remember, we that cannot beat the Republicans by being Republicans. Right now, we have more in common with the Democratic Party than we do with the Republicans. We need to find common areas upon which to build cooperation. We have to make the voters see benefits to bringing us to the table. I think that in districts that are represented by good men and women of the Democratic Party, we should consider not running candidates against them and, instead, do what we can to help them. For the bulk of the legislatures, we just want to be allowed in… which will NOT happen with Republican wins and/or majorities. WE need to be seen as a unified and MAINSTREAM team that is working to make a better government than what we currently have. We need to also be seen as the team that can bring the other loose members of the political community (greens, independents, etc.) to the table where, through us, they can be part of the process. If we do that, for example, then we can garner statewide support (particularly financial support), and possibly nation support for simple district elections.

Libertarianism must end its stunted childhood. To become meaningful, we must move it beyond a simply philosophy into a practical vision for realistic government. As we move forward, we must ask AND ANSWER some difficult questions, including:

  • There WILL be government, so how can we improve it?
  • There WILL be taxes, so how can we make them beneficial rather than draconian?
  • A movement can NOT succeed simply by being against things, so what are we FOR?
  • What IS the role of government?
  • What IS the purpose of laws?
  • FOR whom do we speak?
  • TO whom do we speak?
  • How do we become perceived as BEING inclusive and NOT exclusive?

Ronald Reagan famously stated that “Government is not the solution to our problems; it IS the problem.” When he said that, he identified government as something that CANNOT be seen in any kind of a positive way. The idea that we need to promote is: “Government is not the solution to our problems; it is the problem, WHICH WE MUST LEARN TO SOLVE.” That change turns it from being a negative declarative statement into a positive challenge which we can all be unified behind as we work to build something better for the future. Our challenge, as a party, is to figure out how to make the government change so that we will have one that serves the people rather than one which terrifies them.

Sincerely,

Rhys M. Blavier

Romayor, Texas

P.S. – I asked my step-father, a center-right Republican, to look over my first draft of this. He gave me this comment from his perspective:

As an outsider to the Libertarian party, I would be more likely to vote Libertarian if the candidates did not look like mass murderers. The male candidates that I remember had long necks with Adam’s apples that looked like basketballs. The women were over 300 pounds with greasy, stringy hair. They had jobs like gooseberry farmers or manger of a gecko rescue center. What I’m trying to say is that they looked like some kind of fringe people and had no background for the positions for which they were running. Granted, there are some in Congress that makes me wonder what the people who elected them look like.

P.P.S. — Since I originally wrote this, on a recent Colbert Report, Stephen Colbert demonstrated his mastery of satire as a way to point out how ridiculous things in this world or or my seem to be. In one of his stories this week, he was talking about candidates and the third one he named (the spot of shame in comedy) was “… and the Libertarian Party’s last Presidential nominee… Drinky Bird” while behind him flashed a picture of a classic Drinky Bird in a top hat toy and the caption “Drinky Bird ’08”

Where Was The Libertarian Party?

In Activism, Civil Liberties, Congress, Constitutional Rights, Democracy, Democrats, Libertarian, Libertarian Politics, Medical Marijuana, People in the news, Politics, Republican, US Government on November 25, 2009 at 1:52 pm

Election Day 2009 has come and gone. Relatively speaking, this election was as insignificant as any off-year election is, as opposed to a mid-term election, but it still could have been an important year for the Libertarian Party, if we had simply bothered to show up. There were six elections / ballot initiatives which could have possibly been affected by the Libertarian Party… if we actually had a long-term strategic plan. As it is, some things happened for which it is notable that the LP had no role in. In no particular order, let’s look at where we could have had real impacts this year.

Governor’s Race – New Jersey: New Jersey voters tossed out their incumbent Democratic Governor, Corizine, in favor of Republican Chris Christie. It may have happened because Corizine is very unpopular with the citizens of his government-corruption prone state .While Christie’s election is not necessarily a bad thing, what made this election notable was that it swung on independent voters. Christie won 49% of the vote, Corizine won 44% and independent candidate Chris Dagget walked away with 5% of the vote.

Governor’s Race – Virginia: Republican candidate, Bob McConnell, with 60% of the vote, easily won election over his Democratic opponent, Creigh Deeds. For over 35 years, Virginians have consistently voted into office Governors of the opposition party to that of a sitting President, so this win might have seemed inevitable. What made this race notable for the LP is that it was again the independent voters who made the difference. In 2008, Virginia bucked its own tradition of voting for Republican presidential candidates and, instead, voted for Democratic candidate Obama. In that case, Obama won because Virginia’s independent voters were pretty evenly split between Obama and McCain. This year, however, independent voters were 2 – 1 in favor of McConnell and we can see the results from that quite easily.

Mayor’s Race – New York: In this race, Independent candidate Michael Bloomberg won a very narrow victory against his Democratic opponent, the essentially unknown City Comptroller. The name of the Democratic candidate is not important. What is important is that even with spending approximately $100,000,000 (yes, 100 million) dollars of his own money, Bloomberg only won 51% of the total vote, only 5 points ahead of his Democratic opponent. This will be Bloomberg’s third term, which was only possible because he supported changes to New York City’s term limit law, which had limited mayors to only being able to be elected for two terms. A strong Libertarian presence could have raised the term-limit issue by speaking strongly for them.

House of Representatives Race – New York’s 23rd District: What can be said here that hasn’t already been said? In what was probably the most noteworthy race of 2009? For the first time in over 150 years, this district will not be represented by a Republican. The story is remarkable. The Republican Party chose Dede Scozzafava, an NRA-approved candidate who also was pro-choice and in favor of same-sex marriage. The Democratic Party chose an un-noteworthy sacrificial lamb, Bill Owens, because the New York state House has a one person majority and they didn’t want to risk losing that majority by running their state Representative in an “unwinnable” race. So what happened? The far-right stepped in and ran their own Conservative Party candidate, Doug Hoffman, against Scozzafava. Why? Because she wasn’t conservative enough to satisfy far-right extremists, like Sarah Palin and Dick Armey. I think that this race was probably the most important this year because for what it signifies. The extreme far-right conservatives are not interested in Republican Party loyalty, they put political ideology above all else. Hoffman had no knowledge of or concern for “his” district’s local issues, he didn’t even live in that district In a move reminiscent of the worst examples of the “rotten boroughs” in British politics before the 20th century, the national leaders in the far-right conservative movement found someone whose only “qualification” was the purity of his ideology. Don’t worry though, if Hoffman HAD won, he promised that he would move into the District he would then be representing. Scozzafava eventually pulled out of the race and put her support behind the Democratic candidate. The extreme conservatives didn’t simply put their own candidate in a roll to beat the Republican candidate; they chased a loyal Republican out of the Republican Party, itself. In the end, enough loyal Republicans still voted for her that Conservative Hoffman lost. The final tally? 49% to 45% to 6%. I told you, folks… they’re eating their own.

This race, more than any other, demonstrates the collectivist desires of the extreme far-right conservatives… Local issues are not important to them; they want nothing less than to fill Congress with extreme conservative political ideologues who will put the desires of the conservative movement above every other consideration. Ideological purity is their litmus test, and having elected officials who will do the bidding of political masters instead of serving the needs of their constituents is a model for a one-party state with a collectivist government. We have seen such systems before and, trust me; their loyalty is NOT to their constituents… it is to their party. The far-right conservative extremist movement is trying to lead America down a very dangerous road.

In addition to these for elections, there were two ballot initiates that need to also be included in our summary. The first of these was the vote to overturn the law which passed the Maine legislature that made same-sex marriage legal in Maine. Drawing an immense amount of support from OUTSIDE the state, the conservatives managed to overturn that law by garnering 53% of the public vote to repeal it. The other ballot initiative we need to make note of was the approval in Breckenridge, Colorado of a law which decriminalizes all personal possession of one-ounce or less of marijuana. State and federal laws are still in place but for the first time, a city has stood up and said “it isn’t worth the government fighting to enforce those laws”. And who was responsible for this victory? If you said the Libertarian Party, you would be completely wrong. The organization that was responsible for getting 71% of the voters to approve that law was the modestly named ‘Sensible Colorado’… 71 freaking percent of the voters approved this and the LP had no hand in (and, thus, get no credit for) this win. Both of these initiatives were about personal freedom, personal MORAL freedom. If we, as Libertarians, are not the ones who can stand up for the side of freedom, then who the hell needs us?

So, what lessons should the LP learn from these elections? A couple of things. One is that being an extreme far-right, conservative neo-Republican party will not win for us. Those people are not disaffected, they are simply scared. They have their own machine and we would simply get swallowed entirely by them… and good-bye to the Libertarian Party. Another lesson is that independents really do matter. They might not be enough to win an election on their own, but that can certainly swing an election. In these elections we can all see the importance of a liberal movement. If we can mobilize it, we can win. The moderates, independents and liberals who turned out in numbers sufficient to elect Obama last year are the unmotivated and disaffected pool of voters we can turn to. There is power there, strength that is simply waiting to be utilized.

The Republicans are feeling elated about winning the two governor’s races this year. They are patting themselves on the back by seeing importance on the wrong victories. While governors might be the Chief Executives in their state, they have no role in formulating national legislation. The two House elections this year, both of which were won by the Democratic candidates, are much more significant in the larger picture of current American politics. What this says about the 2010 election possibilities is fascinating.

Candidates in reliable Republican districts will now be facing primary challenges from the far-right if they are not seen as being ideologically pure enough. Why is that important? Remember center-left Republican Senator Lincoln Chaffee of Rhode Island? He had to spend most of what he had in his campaign war chest to beat a far-right Republican opponent for the Party’s nomination. After the primary fight, he didn’t have enough money left to effectively campaign for the Senate seat, itself, and he lost to the Democratic nominee. We can look for more of this in 2010 as big money from national figures fighting for their far-right agenda will flood into the coffers of Republican candidates who aren’t seen as being conservatively pure. Any primaries in which the far-right challenger looses will leave the winner with little or no money to campaign for the actual seat or office in question.

Since Obama’s election a year ago, he has turned this country’s very active liberal base into an unmotivated “lost generation” looking for someone to give them hope. THAT is where our future lies. WE need to be the ones who can break the American liberals out of their ennui, to rally and mobilized the untapped political power they represent. THEY are the people who can make or break elections. Those people are looking for leadership and hope. Now is the time to bring back Ed Clark’s Libertarian movement. Now is when we need his “low-tax liberals” to rise up again and take the Libertarian Party back from the neo-Republicans. In every one of the elections I have mentioned here, WE could have made a difference, we could have made ourselves known again to the general public, we could have been leaders… and, to be politically viable, our future rest with being able to harness the unfocused liberalism which Obama has let wither away. The conservative extremists are destroying the Republican Party and the Democratic Party is showing itself to be incapable of leadership. There are holes being torn in American politics and, as nature abhors a vacuum, those holes WILL be filled. What we have to ask ourselves is, can we the party that fills those holes?

Since 1984, the LP has driven itself to an extreme end of the American political spectrum, an end that is mostly allied with the extreme far-right. That is not what first attracted the general public to the idea of libertarianism. It was the combination of the ideas of fiscal responsibility AND liberal social policies that first put the LP on the lips of the American people. Both the Republicans and the Democrats parties are moving farther and deeper into their own ideological extremes. I believe that any two-party system is going to naturally gravitate between polar opposites. The reason that it is important for America to also have a centrist party is because there needs to be a party that can comfortably welcome people from the right, left and middle. What makes the Libertarian party important is not conservative or liberal politics; it is our view of the role and function of government. What we oppose is authoritarianism. Personally, I am pretty far to the left while the political figure I know and admire the most is pretty far to the right; I believe that some government is necessary and she is an anarchist. Where we find commonality is our shared belief that neither the Republican nor the Democratic Party are serving the American people. THAT is why we both share a belief in libertarian philosophy, and the day that we can get both my moderate right Republican father and my independent green (liberal AND vegetarian) sister to vote for our candidates is the day that we will know that we have arrived.

Rhys M. Blavier
Romayor, Texas

“Truth, Justice and Honor… but, above all, Honor”

© Copyright 2009 by Rhys M. Blavier

“Mommy, why is Daddy so angry… and insane?” (The Internal Breakdown of the Republican Party in 2009)

In Congress, Corruption, Democracy, Democrats, George Bush, History, Libertarian, Libertarian Politics, Politics, Republican, US Government on October 27, 2009 at 7:20 pm

There are many archetypes for the father figure. The most disturbing one is probably the domineering task master whose “love” comes at a cost that can never be paid. That cost is absolute deference, obedience, compliance and respect and, to him, deference, obedience and compliance are the proof of proper respect. He finds humor in ‘jokes’ which categorize and belittle others because they support his own view of his natural superiority over “lesser” (i.e. – different) people. This archetype believes that his children also begin their life owing him a debt that can never be paid back, life itself. As such, his children are his property, chattel that he has paid for. He sees himself as all-knowing, all-powerful and always right. He is focused on rules and control. He will not tolerate backtalk or even being questioned. He not only wants to instill fear in his children, he wants them to fear that, even if they somehow do something that he sees as wrong without his knowing about it, they will still face retribution and punishment for eternity from a vengeful God; the same God who gives the father-figure his authority by giving him children. This father-figure believes that his right to have power over others is given to him directly by God; that his power and authority cannot be questioned or limited by anyone, and that few in the world are his equals. His God has also given him the ultimate power, the power to banish to the wilderness those who violate his given order. What he gives, he can (and will) take.

This archetype is what the Republican Party has become.

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Like most political observers, I have watched with fascination the Republican Party’s rapid descent into madness throughout the course of the year. In fact, that breakdown has been so spectacular that even people who DON’T widely follow politics or news are aware of it, whether they recognize it or not. While I have heard much discussion of what they are doing, I have not, however, heard anyone pinpoint a single core cause of that breakdown. We have plenty of “what” being talked about but little to none of “why”. As I have spoken of before, people are focused on the “symptoms” of a disease without identifying the “disease” itself. Two recent incidences with my own brother gave me a clue about what that “disease” actually is. The core of the Republican Party is simply an authoritarian “father” who is mad that their “dependents” (the American People) aren’t respecting or listening to them anymore. They are angry because they have no control over their “children” and authoritarians THRIVE on being in control.

The Authoritarian Personality was a 1950 book written by UC-Berkeley psychologists Theodor W. Adorno, Else Frenkel-Brunswick, Daniel Levinson,, and Nevitt Sanford. In their book, they first described the “authoritarian personality” theory of personality. Their research lead them to the conclusion that this personality is developed by psychodynamic, childhood experiences which make them predisposed to follow the dictates of a strong leader and traditional, conventional values. They identified nine traits, which they hypothesized were clustered together as a result of those experiences, which identified this personality type:

     • Anti-intraception;
     • Authoritarian Aggression;
     • Authoritarian Submission;
     • Conventionalism;
     • Destructiveness and Cynicism;
     • Exaggerated Concerns over Sexuality;
     • Power and “Toughness”;
     • Projectivity; and
     • Stereotyping and Superstition.

In 1981, Canadian psychologist, Bob Altemeyer, gave us a refinement of the authoritarian personality theory, which he introduced as the concept of “right-wing authoritarianism”. Altemeyer found that only three of those nine traits correlated together:

     • Authoritarian Aggression (a general aggressiveness directed against “deviants”, outgroups, and other people that are perceived to be targets according to established authorities.)

     • Authoritarian Submission (a high degree of submissiveness to the authorities who are perceived to be established and legitimate in the society in which one lives.); and
     • Conventionalism (a high degree of adherence to the traditions and social norms that are perceived to be endorsed by society and its established authorities, and a belief that others in one’s society should also be required to adhere to these norms.)

The “right-wing” in right-wing authoritarianism does not necessarily refer to someone’s politics, but rather to their psychological preferences and personality. It means that the person tends to follow the established conventions and authorities in society. In theory, the authoritarian personality could have either conservative or liberal political views.

In his 1996 paper, The Authoritarian Specter, Altemeyer reported that his research indicated that right-wing authoritarians tend to exhibit cognitive errors and symptoms of faulty reasoning. Specifically, they are more likely to make incorrect inferences from evidence and to hold contradictory ideas that are the result of compartmentalized thinking. They are also more likely to uncritically accept insufficient evidence that supports their beliefs, and they are less likely to acknowledge their own limitations. The RWA-scale reliably correlates with political party affiliation, reactions to Watergate, pro-capitalist beliefs, religious orthodoxy, and acceptance of covert governmental activities such as illegal wiretaps. Altemeyer found that those who scored highly on the RWA-scale are likely to exhibit several common traits. These personalities tend to:

     • Be Highly Nationalistic;
     • Have Conservative Economic Philosophies;
     • Not value Social Equality;
     • Oppose Abortion;
     • Oppose Gun Control; and
     • Support Capital Punishment.

In role-playing situations, Altemeyer found that authoritarians tend to seek dominance over others by being competitive and destructive instead of cooperative. In his study, sixty-eight authoritarians played a three-hour simulation of the Earth’s future entitled the “Global Change Game”. While a comparison game played by individuals with low RWA scores resulted in world peace and widespread international cooperation, the simulation by authoritarians became highly militarized and eventually entered the stage of nuclear war. By the end of the high RWA game, the entire population of the earth was declared dead.

Research by D. J. Narby, B. L. Cutler & G. Moran (1993) found that authoritarians are generally more favorable to punishment and control than personal freedom and diversity. For example, they are more willing to support the suspension or abolishment of constitutional guarantees of liberty such as the Bill of Rights… at least where those guarantees protect others who they, themselves, have judged to be inferior. They are also more likely to advocate strict, punitive sentences for criminals. Researches by J. Duckitt & B. Farre (1994) and by M.B. Goodman & B. Moradi (2008) found that people with high RWA scores report that they obtain personal satisfaction from punishing those who they perceive as criminals, and that they tend to be ethnocentric and prejudiced against racial and ethnic minorities, and homosexuals.

The modern Republican Party has been dominated by individuals who are not just authoritarian personalities; they are right-wing authoritarian personalities. Since the period following the War Between the States, they have moved steadily away from being a populist party to being a party focused on being able to exert their will on others, even while in the minority. Money, power and political manipulations made them a corrupt party of “elites” who viewed themselves as being superior to those they “governed”. They used demogoguery as a strategy to gain political power by appealing to the public’s prejudices, emotions, fears, and expectations. They mastered the use of impassioned rhetoric, propaganda and abductive reasoning, often through the use of nationalistic, populist, moralist and / or religious themes.

The current schizophrenic behavior of the Republican Party began, in my opinion, with the almost worshipful attitude of the conservative and Christian far-right to their mythology of Ronald Reagan. They see him as their Moses, who was leading them to their conservative “Promised Land”. In 1994, this Promised Land seemed to be within sight with their takeover of both Houses of Congress. Suddenly, the Republican Party was filled with average, everyday people who not only viewed themselves as being elite, but also as being responsible for “fixing” what they saw as the broken soul of America. The big problem is that, by definition, average, everyday people cannot BE elite. This was the political equivalent of the common people of France deposing their nobility and establishing their “committees of the people” to rule instead. As happened in France, once they were in power, they also eventually turned on those among themselves who they did not see as supporting the orthodoxy or dogma of their revolution. Their equivalence was creating the label “Republican In Name Only”, or RINO. With that label they would work to purge their own ranks of those who were not “pure enough” in their belief in the “correct” orthodoxy, essentually removing the very real existence and accomplishments of the historical moderate and liberal wings of their party from their mythology.

Regardless of what the Republicans “promised” in their infamous Contract With America, once they gained the power and positions they believed were ordained for them, they moved to solidify their control over our government by making the Party (rather than the individual elected members) the dominant feature of American Government. They changed rules for determining committee chairs from being based on seniority to being based on how well members followed the dictates of the party. They collectivised their party to minimize the power of individual members and maximize the power of the party itself. Again, the similarities (in action, if not degree) to the French Revolution and the Reign of Terror are remarkable. At this point, they became “Daddy”, saying to America “Do what I tell you to do or I will punish you.”

Following in the footsteps of their mythology’s greatest human hero, Ronald Reagan (under whose administration, for example, federal funds and tax dollars were withheld from states which would not comply with federal demands for conformance on issues like drinking, drugs, speed limits, etc. – essentially blackmailing the states), the Republican controlled Congress with a view to its own dominance, power, and control over the “misguided” states and the people who did not want to do what “Daddy” told or expected them to do. They also envisioned an America under their rule in perpetuity (Karl Roves infamous “permanent majority”). Regardless of their often espoused support of states’ rights (an idea which is not found in The Constitution, contrary to the beliefs of many), they only want the states to be independent of their federal government when the states are ruling as the Party wants them to. In all other cases, they believe that their obligation as the “rulers” of our federal government is to impose THEIR will upon the states when the states aren’t “competent enough” to agree with them.

Even with the 1995 Republican majorities in both Houses of Congress, their first since 1955, they were still “impeded” in their movement towards creating the America they envisioned by having a moderate Democrat, Bill Clinton, as President. Thus, much of their effort was to limit, if not remove altogether, political resistance against their power, including their impeachment of Clinton. In 2000, however, all of their wet dreams o be on the verge of coming true with elevation of George W. Bush to the Presidency. Not only did they get a majority in the House, once seated, on January 20, 2001, Dick Cheney, as President of the Senate, turned an evenly split Senate into one with a majority controlled by the Republican members. During this period, there was, of course, no talk or consideration of working with the members from the Democratic Party and their ideal of bipartisanship was the Democratic members doing what their Republican masters wanted them to do. This, of course, went so well that Republican Senator Jeffords (Vermont), holding the Senate seat that had been continuously held by Republicans for the longest period in American history (144 years), quit the party and became an Independent who caucused with the Democrats. This was the first time we, as a nation, got to see how the modern Republican Party would react to being challenged in its holding political dominance and absolute power. How many of us remember THAT little brouhaha?

Starting in 2003, the Republican Party did have complete control of the Presidency and both Houses of Congress… and they had their eye on having the opportunity to also stack the Supreme Court with those who shared their vision of America. I won’t rehash what those of us who opposed Bush and the far-right conservatives believe about how he governed and what was done to damage The Constitution under their period of dominance. Suffice it to say that we welcomed the slight shift in power which gave the Democrats narrow control of both Houses of Congress a mere four years later. It was at this time that “Daddy” really started to go seriously insane. What happened in 2008, of course, drove “Daddy” completely over the edge of reason.

What I see now in the Republican Party is the equivalent of Cole Oyl, Olive Oyl’s father in the Popeye cartoons and movie, running around telling everyone “You owe me an apology!” The Republican Party has become politically impotent and its impotence has caused rage among the far-right wing of the Party. They are trying to find something, ANYTHING to latch onto to demonstrate to others that they aren’t impotent. Their quest, however, keeps getting more and more trivial, pedantic and ridiculous with each passing week. They are so blinded by their impotent rage that they are once again attacking those among their own ranks who question the power that they believe is their divine right by not ascribing to the “proper” orthodoxy, dogma and “tenets of faith” as the “true believers”. Like any angry, old authoritarian confronted with their impotence, they are searching for a political orgasm.

Yes, that is what I believe it comes down to… they can’t get themselves off politically. That is, in my opinion, the only explanation for their increasingly erratic and dangerous actions… impotent rage. They have a collective need to not only feel that they are vibrant and virile but also that they can reproduce. I believe that all sociological creations of Man (governments, clubs, businesses, etc.) can be viewed and understood by seeing them as living organisms. They all have the same needs and desires of a living organism and, as a living organism, the far-right Republicans see themselves being replaced by other organisms that do not come from their own seed; they suddenly see themselves as mortal and approaching an ignoble end. Unfortunately, there is no little blue pill that they can take to compensate for their electile dysfunction.

Like a once vibrant and dominant man reduced to wearing diapers and drooling; like an alpha-male pack animal who has lost his teeth, those members of the Republican party who are making ever greater fools of themselves are filled with rage against those who robbed them of what they see as their rightful place in American life. In their rage to reclaim their “rightful” place in society they will use any and every means at their disposal to destroy what they can’t have for themselves. If they can’t be in control of our country then they will reduce it to ashes so that there won’t be a country for anyone else to be in control off. It is an attitude that the world has seen before. That is the final lesson that “Daddy” has to teach his errant and ungrateful children… that it is easier to destroy a nation than it is to build one.

Vive’ la Revolution.

Rhys M. Blavier
Romayor, Texas

“Truth, Justice and Honor… but, above all, Honor”

© Copyright 2009 by Rhys M. Blavier
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Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

This is a link to Bob Altemeyer’s book ‘The Authoritarians’ which you can read on-line:
http://home.cc.umanitoba.ca/~altemey/

The American Vice Presidency… Graveyard of the Constitution

In Congress, Democracy, Democrats, History, Law, Libertarian, Politics, Republican, US Government on August 27, 2009 at 7:12 pm

America’s first Vice President, John Adams, described the office as “the most insignificant office that ever the Invention of Man contrived or his Imagination conceived”. When Daniel Webster was offered the nomination of Vice President, he said “I do not intend to be buried until I am dead”. Perhaps the most succinct assessment of the office was given by Texan John Nance Garner, a former and powerful Speaker of The House of Representatives and Vice President under FDR for two full terms, who claimed that the office wasn’t “worth a bucket of piss”.

In many ways, the office of Vice President of The United States can be seen as the most singular indication of the noble goals and yet practical failure of The United States Constitution, and its fate was sealed before the 19th Century even began. While there might have once been a chance for the Vice Presidency to have been an office of viable contribution to the functioning of The United States’ government, there are five key moments in early American history which, I believe, combined to relegate the office itself to impotence and insignificance only moderated by either the good will of any particular President or by the vacation of the office of President and subsequent elevation of a Vice President to that office. The first of these moments was the creation of the office itself (1787).  The idea was that it would be held by a major statesman, the candidate for President who came in second and who would, for the greater good of his nation, join the administration of the victor.  Yet within this idea was still recognition of the reality of opposition and the understanding that you would not want to give the primary challenger of the President any real power with which to work against the Chief Executive.  Thus was an office created in which the primary requirement was, apparently, to have a pulse. 

While, primarily because of their revolutionary credentials, Washington’s Vice President, John Adams succeeded him as President, and then Adams’ Vice President, Thomas Jefferson succeeded him, the office of Vice President has not been seen as a natural stepping stone to the Presidency.  After Jefferson, and after the adoption of the 12th Amendment to The Constitution (which provided for the direct election of the Vice President) the only Vice Presidents who have been elected to be President WITHOUT FIRST having already assumed the office through the death or resignation of the previous holder of that office have been Martin Van Buren (1836), Richard Nixon (1968), and George H. W. Bush (1988).  Furthermore, of those three men, Richard Nixon was not the current Vice President when he was elected, having lost to John Kennedy in 1960.  Thus, the two men after Jefferson who were elected to the office of President while holders of the office of Vice President served only two terms between them for a total of eight years, and the three men combined for 4 terms and less than 14 years out of the whole of the history of The United States.  By contrast, Thomas Jefferson, James Madison, James Monroe, John Quincy Adams and James Buchanan (the 3rd, 4th, 5th, 6th and 15th Presidents) all served as Secretary of State and served as President for eight terms and a total of 32 years, while several others served as Ambassadors or envoys to other sovereign nations.  So, we can see that diplomatic credentials have been seen as better qualifying a candidate to be President than serving as Vice President has been.

The second moment in history’s conspiracy to insure the insignificance of the office of Vice President was George Washington’s view that the office was a part of the Legislative branch of the government rather than part of the Executive branch (1789). As a result, Washington not only did not include Adams in his cabinet meetings or consult him very frequently on matters within the Executive Branch. He believed, in fact, that he was not ALLOWED to do so as part of The Constitution’s requirements for separation of powers. It is impossible to minimize the influence Washington had on establishing the precedents and operational functions of The United States government as established by The Constitution. If any man in history had it in his power to make from nothing a relevant constitutional office of the Vice Presidency, it was Washington; but he did not do so. As aware as the Revolutionary generation was that they were making history, they seemed to have had no awareness of the importance of the precedents which they were establishing every day as part of a continuity of history which would last for centuries.

In many ways, they were making it up as they went along and the openness of the Experiment they had initiated would have permitted them to follow almost any vision that they could have put into practice.

The third moment in this sorry tale was the decision of The Senate to forbid the Vice President from being part of the debates and deliberations of their body (1789). We can never know how much of this decision was inspired by the personal rancor and dislike felt by many members of The Senate for the person of John Adams and how much was an inevitable course which would have been followed no matter who had been The Senate’s first presiding officer.

In the end, it makes little difference. While Washington did not consider the Vice President a member of the Executive Branch, The Senate did not consider the officeholder a contributing part of their august body or, therefore, of the Legislative branch of government. While a man with more people skills and a more stable temperament might have been able to make the Senators accept the Vice President as a full member of The Senate, John Adams was not that man. As Adams wrote to his wife Abigail, “It is to be sure a punishment to hear other men talk five hours every day and not be at liberty to talk at all myself, especially as more than half I hear appears to me very young, inconsiderate and inexperienced.” If Washington had made the Vice President insignificant as a member of the Executive branch, The Senate itself made him insignificant as a member of the Legislative branch. All of this, of course, reaches new heights of irony in the person of our former Vice President, Dick Cheney, who has used this ‘confusion’ to declare himself the beneficiary of the rights and privileges of both branches while, at the same time, free of the obligations or restraints upon either branch. The burden of the fourth moment in our tragic history of the establishment of the role of the Vice Presidency falls squarely on the shoulders of the second holder of that office, Thomas Jefferson (1797).

Adams, for all of his faults of personality, truly cared for what was best for the nation he served. He did not plan to treat Jefferson, as Vice President, as he had been treated himself (or, as Tom Lehrer put so humorously in his satirical song about Hubert Humphrey and the treatment of Humphrey as Vice President by Lyndon Johnson as President, “I’ll do unto you as they did unto me.”).  As Joseph Ellis tells so well in his Pulitzer Prize winning book ‘Founding Brothers, Adams fully desired to work with Jefferson to create a bipartisan administration which utilized both of their talents and skills (Chapter Five: The Collaborators). 

He wanted Jefferson to be a functioning member of his cabinet and an active participant in foreign policy efforts. Jefferson, influenced greatly by the advice of James Madison, chose to be a party man and watch the Adams administration fail without him. Jefferson, at this time, chose the good of his party over the good of his nation. After Adams’ desire to give the office a ‘place at the table’, it wasn’t until Warren G. Harding took office in 1921 that a President again made the choice to include his Vice President in his cabinet meetings, and it wasn’t until Richard Nixon’s service under Dwight Eisenhower that a Vice President was given a substantial and public role by the President but, in all cases, up to and including the present, the role and power of a particular Vice President has been dependent upon their President to give it to them.

If the damage done to the office of Vice President was not already irreversible by the election of 1800, that election itself ensured that it was permanent, and the blame for it can be placed on the personage of Aaron Burr. If one wants to make the case that the Adams’ Vice Presidency was not a standard to judge by because of the newness of the office, or that the Jefferson Vice Presidency cannot be used because he was of an opposition political position to his President, then there is no excuse for the damage done to the office by Burr before he was even inaugurated, damage so great, in fact, that the first substantive change to The US Constitution was made to prevent the circumstances from ever again even being possible through the adoption of the 12th Amendment. For the election of 1800, the supporters of Jefferson and his Republican / Anti-Federalist movement conspired to maneuver the election so that their candidates would end up holding the offices of both the Presidency and the Vice Presidency. While they succeeded in the goal of having all of their electors vote for both Jefferson and Burr, they apparently never considered the ramifications of this actually happening. They believed that somehow, without any need to orchestrate it as well, some random elector would cast his vote for Jefferson but not cast their second vote for Burr. The conspiracy, however, was too well planned and the soldiers followed their marching orders without deviation…and Jefferson and Burr ended up exactly tied in the electoral vote totals.

At this point, a good party man would have fallen into line and worked to finish what had been started, but Burr was an opportunist whose personal desires completely overshadowed any belief he may have had in the greater good. When the election went to The House of Representatives, Burr fought to win the Presidency for himself. He almost managed to pull the feat off as it took 36 ballots in The House before Hamilton intervened and one member chose to abstain. Well, after that, what President would trust the man he was stuck with as Vice President? And so, Burr alienated himself from any role in Jefferson’s first administration and The Constitution was changed…and changed VERY quickly.

The new nation went through only four elections, three administrations and 12 years before the first substantial flaw in the design of the governmental structure of The United States had to be addressed. 46 men have been dumped into the graveyard of The Constitution, including 2 men who each served under two different Presidents (George Clinton under Jefferson and Madison, and John C. Calhoun under John Quincy Adams and Andrew Jackson). Except for the ones who eventually became President themselves or who have served in a person’s own lifetime, how many people can name even one of them? The Vice Presidency is a unique office with a unique role in government. If we want evidence of the lack of experience which burdened the men who created The Constitution, all we need do is look at the Office of The Vice President of The United States. However, if we do look at it, we will have done more than most people ever do.

P.S.– It might also be of interest, for anyone who wants to consideration how truly UNimportant the office of Vice President has been to our nation over the entire course of its history, for me to point out that, while we have never had any real period without a President since Washington first took the oath of office in 1889, between the years 1812 (when the office was vacated upon the death of Vice President George Clinton) and 1974 (when the office was vacated by the elevation of Vice President Gerald Ford to the Office of President) (a period of 162 years), there were 18 different times when we were without a Vice President totaling more than 426 months (35.5 years, an average of 23.666 months per vacancy). This includes two periods when the office was vacant for 47 months (out of a 48 month term of office), but does NOT include any periods when the holder of the office just left Washington and ignored his role in government (as, for example, Richard Mentor Johnson did during Van Buren’s administration).

As an indication of how little impact the absence of a Vice President has meant to the functions of our government, I would simply ask how many of you reading this have ever even wondered just how often the office has even been vacant because there WAS no holder of the office?

As a point of useless trivia from an infomaniac, did you know that the first Vice President to die in office (George Clinton) died about a year before the end of his second term (Clinton had served one term as President Jefferson’s second Vice President and his second term as Vice President was consecutive to his first when he was elected to be Vice President under Jefferson’s successor, President James Madison, for Madison’s first term.  For Madison’s second term of office, he ran and served with Vice President Elbridge Gerry, who THEN proceeded to die in office after about a year and a half into his term.  As a result, President James Madison served with a different Vice President for each of his two terms in office and neither of them lived to complete their own terms.

Rhys M. Blavier
Romayor, Texas 
 

Truth, Justice and Honor… but, above all Honor

© copyright 2008 by Rhys M. Blavier
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Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

How I Think The Constitution Can Be Fixed (Part III [c]: Article I – The Legislative Branch)

In Congress, Democracy, Democrats, History, Law, Libertarian, Libertarian Politics, Politics, Republican, US Government on June 15, 2009 at 12:53 pm

Section 6, paragraph one deals with Congressional compensation for their services.  Many years ago, Congress enacted standing legislation to provide them with regular pay raises UNLESS Congress, at the time of EACH particular raise, actively raises the issue and votes against it.  This is one of the examples I was referring to when I talked about how Congress makes what will be their path of least resistance be what benefits them, rather than the people.  Thus, if Congress does NOTHING, is silent and doesn’t even raise the issue, they get their raise each year.  In ADDITION, they get unbelievable pensions based on how long they served as well as life time healthcare.

To me, this is another simple issue to deal with.  Tie the salaries of ALL federally elected officials to the median incomes of the American people, not counting bonuses or other backdoor ways of hitching things a little higher for them. Based on the real and reported income of all citizens who file income tax reports, divided by ALL citizens, let’s say that (as a starting point for discussion), members of the House would receive an annual salary based on what 60% of the median incomes of all Americans equals to, with Officers of The House getting 62.5%.  Members of The Senate would get a salary based on 65% of the median income, with Senate officers getting 67.5%.  Members of the Supreme Court would get 70% of the median, with The Chief Justice and The Vice President getting 72.5%.  Finally, the highest salary allowed would go to The President, with the salary of that office being based on the 75% of the median incomes of all Americans.

Now, I want everyone to notice something.  I did NOT say that these salaries should be based on mean, or AVERAGE incomes (the total of all incomes divided by the total number of people), I said that they would b based on the MEAN incomes.  The mean is a statistical average based on the individual numbers which are ranked from highest to lowest.  Thus, Bill Gates is only one statistical number, while a disabled elderly person who has an annual income of $5,000 is another individual number equal to Bill Gates.  A median average would give a much more accurate picture of how much average Americans earn and tie the salaries of Constitutional and elected Federal officials to that average.

So, what would THIS accomplish?  Several things; for one, it would make elected Federal officials more caring about how much money the American people have because their own welfare would be improved by having more people earning (and reporting) higher incomes.  In fact, the more income earned by those at the bottom quarter, half and three-quarter marks of the social ladder, the higher the income they would make themselves.  For another, it would increase their focus on eliminating loopholes which allow people to underreport their own incomes. The fiscal conservatives tend to support theories which state that there is a finite amount of REAL income (as opposed to, say, capital income) which is available.  Thus, to raise the income levels of those at the lower ends of the social ladder would mean that the additional monies would have to come at the expense of the earnings of those at the top of the social ladder.  For yet another thing, the more money earned by AND KEPT by corporations and businesses is money that is NOT increasing the income levels of the bottom three-quarters of the income bracket.  This would make Congress more likely to support higher individual wages and eliminate more corporate loopholes.  Again, the more money earned by the most people would benefit them personally… and if the incomes of average Americans goes down, so does theirs.  We would all swim or sink together.  Their pay rates would be worked out and modified every two calendar years to coincide with election cycles.

As for pensions and permanent healthcare, I do not believe that people should make holding elective or political offices their primary livelihoods.  I am against, as I have said before, a professional political class.  I believe in the founders’ idea of people who would make sacrifices in their own lives of short periods of time to serve their nation with their public service and would then go back to their public lives.  Thus, ANY elected official, or any official who is subject to Senate approval would not earn ANY pension or retirement benefits for their time in service.  Regarding members of The Supreme Court, I will deal with them in the part(s) of this article which deal with Article III of The Constitution.

Section 6, paragraph two is the one that says that no Senator or Representative can hold another civil office in The United States during their tenure in their respective House, and that no officer or official of The United States can serve as a Senator or Representative while they hold their other office or position.  This, among other things, is what prevents us from having a Parliamentary system of government and ensures that the membership of each branch of government will be totally and completely distinct and separate from the others.  It also says that:

No Senator or Representative shall… be appointed to any civil office under the authority of The United States which shall have been CREATED, or the Emoluments whereof shall have been Increased during such time [as they served as a Senator or Representative]…”

THIS portion of The Constitution does need to be addressed to clarify, one way or the other, what authority the Executive branch does or doesn’t  have to appoint sitting or recently sitting members of Congress to other civil positions … especially with automatic pay raises being provided for all such civil offices.  Either our Constitution very specifically prohibits this and it is accepted by all members of our government or we change it.  I personally would rather leave it as it is and expect our government to abide by such limitations.

Well, I think this is a good place to end this part of this article.  When we come back, I will address the rest of Article III, including legislation to raise revenue, the budget, and the enumerated powers and authorities of Congress.

(This article will be continued in Part III [d], which will continue discussing Article I of The Constitution.)

Rhys M. Blavier

Romayor, Texas

Truth, Justice and Honor… but, above all, Honor

© Copyright 2009 by Rhys M.  Blavier

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Thank you for reading this article.  Please read my other articles and let me know what you think.  I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

How I Think The Constitution Can Be Fixed (Part III [b]: Article I – The Legislative Branch)

In Congress, Democracy, Democrats, History, Law, Libertarian, Libertarian Politics, Politics, Republican, US Government on June 11, 2009 at 1:52 am

From Article I, Section 3, paragraphs six and seven, the portions of the provisions for either House regarding impeachment require no changes other than possibly the provision that the threat of and right to impeach is a constitutional DUTY of Congress and it cannot surrender its willingness to implement that duty when it is called for.  To do so is malfeasance in the performance of their constitutional duties and should subject any members of Congress who are willing to agree to surrender their willingness to fulfill ANY of their obligations and duties under The Constitution.

Section 4 of Article I deals with the times and places of elections of Representatives and Senators, and with the requirement for Congress to meet at least once every year.

I think that the provisions for periods of adjournments and recesses by Congress are not appropriate to our modern day government.  For those who argue that they do not want Congress in session any longer than it has to be, while I don’t entirely disagree with them, I think the larger and more important issue is how just adjournments and recesses empower the Executive branch as the expense of the Legislative branch.  While I will deal more with such things as ‘recess appointments’ in the part(s) of this article which deal Article II of The Constitution (The Executive Branch), I am against ANYTHING which serves to make the Legislative branch less than equal to the Executive branch, much less subservient to it.  Thus, I think that Congress should never be considered in recess and only be adjourned by standing legislation which provides for pre-defined periods of adjournment, focused around legal federal holidays (not religious holidays) and, say, a single one week-long adjournment each  quarter of the year… each one, preferably centered around an appropriate federal holiday each quarter.  At ALL other times it would be required to be in session (and remember, I would not allow for any member of Congress to hold office for more than a single term, so there would be no NEED for Congress to be in adjournment during election cycles).

Section 5 deals with various procedural matters (such as judging their own elections, the power to compel attendance by absent members, and the prohibition against adjourning for more than three days while in session).  Paragraph two deals with allowing each House to punish and/or expel its own members.  It also states that each House shall determine its own rules for proceedings.  Paragraph three covers the requirements of each House to keep a journal of its proceedings ad periodically publish those journals, as well as the requirement of each House to record the ‘Yeas and Nays’ (i.e. – the votes) of each House and to publish those totals for either House upon the request of one-fifth of the membership of that House.

While The Constitution should not get into the minutia of establishing all of the rules for either House, there are some which I think it would be appropriate to enact, enshrine and enforce within The Constitution.  Among these are:

1.)   No office created by either House of Congress can be specific to any particular political party.  While any party can choose to elect its own leadership by whatever methods it wants, it does not mean that those elected to such offices are deserving of extra pay by the nation or extra privileges and powers within Congress for holding an office restricted to the members of that Party.

2.)  All officers elected by either House should be selected by secret nomination and secret ballot.  I would also recommend the use of Approval Voting for the actual elections.  Again, this would be to try to help break the stranglehold on power which any party holds simply by having more members that any other party.  This provision would probably result in most offices being held by less extremist party loyalists.  If our nation can succeed in establishing a viable third-party, it will throw the current methods of selecting Congressional offices in the toilet anyway.  Let’s do what we can to speed that process up a bit.

3.)   All ballots casts by members of either House should be cast in secret and the individual results of any vote kept but only revealed (published) 25 years later for historical purposes.  Now, I know that this one is going to be met with shock by most people.  After all, how else are we supposed to keep tabs of what these people actually do?  Well, stop and think about this one for awhile.  Let me explain my reasoning for this idea.  Why do WE cast OUR ballots in secret?  So that no one WILL know exactly how we voted which, among other things, limits to ability of anyone else to threaten or intimidate us.  Open balloting in Congress does not help ‘we the people’, it helps the parties, lobbyists and special interest groups keep members of Congress in line with what benefits THEM the most, not what benefits us the most.  Open balloting in Congress allows the political parties, the lobbyists, the special interests groups, the media and, yes, even the people to threaten and intimidate individual Congress who might otherwise have the will to vote their according to their conscious as they believe is right rather than how others want to compel them to vote.   This is also one of the major ways that the two parties effectively prevent other viable parties from having a voice in our system of government (the other major way that they accomplish this is by the maintenance of our current Majoritarian / Plurality election system). (Please see my earlier article on ‘The Laboratory of Democracy — Alternative Voting Methods (Approval Voting) [Re-edit]’ for a more detailed explanation of this idea.)  It is also what allows small groups of extremists to move the politics in Congress in extremist directions and which makes moderate or centrist positions untenable to maintain.

With a provision that, in an investigation, a select independent committee can review specific votes and make them public IF they show evidence or a pattern of corruption, malfeasance or negligence, but also with a protection provision that baseless accusation for no purpose other than to discover what a personal voting record is will be a felony, this provision could provide safety and protection for those legislators who do want to go along with their party’s line on any particular issue.  So, how is a member of Congress judged if their individual votes are not known?  They would be judged in two ways. First, they would be judged by what they say on the record and, second, they would be judged by what their House accomplishes or FAILS to accomplish.  Under this method, ALL members of a House are collectively responsible for what that House does or doesn’t do… they rise or fall together.   This means that their motivation which change to being how can they work together to make them all look good.  Just think about it for awhile, ok?

4.)  Right now, most legislation includes meaningless introductions which tell us how wonderful it is and how it will single-handedly make the world a better place to live (and they are capped off with some kind of sensationalist title which will make those who vote against it sound like they are bad Americans for voting against it… especially those who don’t actually read the proposed legislation that they are voting on.  I believe that ALL legislation proposed and voted on in either House of Congress should include measurable and quantifiable goals, and specific objectives to indicate what will be considered a successful result of the legislation.  Goals and objectives, strategies and tactics.  I also believe all legislative objectives should include a time frame by which the legislation must accomplish its goals or it will automatically cease to have legal standing.  This is not a meaningless point.  The example I like to use has to do with Civil Rights legislation.  Under the legislation as written, neither side of the debate has an actual motivation to see the objectives of the legislation accomplished.  Each side uses it as a weapon with which to attack the other, and leaders on both sides have built their power bases upon the on-going conflict it engenders.  There is more political power to be gained by keeping the conflict going than there is in accomplishing its purposes.  Now, imagine if that legislation had included measurable, definable and quantifiable goals AND it had an objective of accomplishing those goals in, say, 25 years.  One way or the other the legislation would end; the only question would be “when” it would end.  Those who are fighting for the achievement of those civil rights would have been motivated to make sure that the goals were achieved before the end of the 25-year deadline so as to get them in place, and the side which was not in favor of the penalties and restrictions imposed by the legislation would be motivated to accomplish those goals as quickly as possible so that the legislation would go away as quickly as possible.  In either case, if the goals were either not achieved or led to the consideration of additional goals, new legislation could be crafted and proposed at that time which would better meet the needs of that time and that generation.  The purpose of this proposal is to give ALL sides reasons to work together to accomplish things rather than give them reasons to fight against each other endlessly.

To justify why this should be import, keep in mind all of the calls by the people and politicians for, and interpretations by the courts based on what the ‘intention of the founders’ was.  Intention is difficult to know, and impossible to speculate on to determine law when those intentions are never officially, and reliably set forth and documented.  The fact that the founders destroyed all OFFICIAL minutes and notes from The Constitutional Convention can only leave us with one of two ways to make such judgments; either the founders did not WANT us to base our interpretations and decisions based on what THEY intended (which means that we do, in fact, have a LIVING Constitution), OR, they did not understand how important it would be to us to be able to discern their intentions when we try to interpret what they intended.  We need to not only insure that the present generation fully understands what we are trying to do and what we want to accomplish, we need future generations to understand why we felt each specific law was necessary… our intentions, in other words.  Goals and objectives would make legislation easier to interpret and less likely to be twisted and MISinterpreted by other.  It would also allow those who read a law thoroughly to see if the actual content and execution of the law is true to its goals and objectives.

5.)  That idea leads us to Thomas Jefferson’s theories of generational laws.  He said “[B]etween society and society, or generation and generation, there is no municipal obligation, no umpire but the law of nature. . . . [B]y the law of nature, one generation is [therefore] to another as one independent nation to another.”  He also said “Every constitution, then, and every law, naturally expires at the end of 19 years. If it be enforced longer, it is an act of force, and not of right.” (http://www.conlaw.org/Intergenerational-II-2-9.htm) I believe in the idea of generational laws (with all laws having a natural expiration deadline of either 25 or 50 years (generations being longer now that they were when Jefferson wrote that, and some laws being more important than others), depending on the law, with 25 being the norm and 50 being the exception, for several reasons.  First, laws seem to work conversely to the adage that it is easier to destroy than it is to build.  With law, it is easier to pass one than it is to get rid of one.  When politicians or officials come along later and try to have a law removed from the books, the tendency is to wonder what ulterior motives they ‘really have (no matter how bad or irrelevant the law might be) and political inertia tends to win.

As a result, our legal systems end up cluttered with an unbelievable number of laws which are either (a) no longer of any value, (b) no longer in sync with the progress of our culture or, (c) just plain stupid.  A generational law standard would mean, first of all, that no one would have to actively campaign or fight to have laws actively removed piecemeal.  By doing nothing the laws will just go away.  If they still have value or there is still a need for them, they can be re-written and passed again. Secondly, the future will not be bound by considerations or standards of the past which no longer apply to them.  Thirdly, politicians are, by nature, egomaniacs who want to be immortal, and the way a politician becomes immortal is by sticking us with their own ideas of how we should live (i.e. – with laws).  When all of the basic laws are already in place, they have to go farther and farther to find their own immortality.  I would rather have them continually working on and improving basic legislation than to have them spending their time finding cruel and unusual ways to torment, punish and control ‘we the people’.

6.)  I think that all of us, all of us who are not in Congress, at least, would agree that the Legislative Amendment process is out of control and all too easily abused by politicians who cannot get their own moronic ideas passed into law on their own merits; or who want to ‘game the system’ by attaching bad legislation to other legislation that, itself, cannot be voted down.  Riders and amendments are a bane to good legislation which can be (a) understood, (b) respected, and (c) followed by everyone.  This would be simple to deal with.  Any amendment or rider which has nothing to do with the primary legislation AND / OR which does not have the support of the primary author of the legislation (not sponsors or co-sponsors, the primary author) can only be attached to the proposed legislation by a super-majority vote of two-thirds of the House in which it has been proposed in.  Any rider or amendment which does relate to the primary legislation AND has the support of the primary author can be attached if it gets a majority vote in the House in which it has been proposed.  Note: these votes would NOT be to approve the amendments or riders, only to allow them to be attached to the primary legislation before IT was voted on.  For those who want the President to have a line item veto authority, all that would have to be done here would be to say that he has the power and authority to approve or veto the results of such votes before they can be attached to the primary legislation (as provided for in Article I, Section 7, paragraph four of The Constitution).

7.)   Congress has made themselves exempt from abiding by the laws that they force on the rest of us.  This is one of the (many) reasons why it is so easy for Congress to hypocritically impose legislation on ‘we the people’ that is harsh or intolerable… because THEY don’t have to also live with the consequences of their decisions.  This blanket exemption needs to be removed and, any individual exemptions that they want to pass for themselves should be stated publicly, be required to undergo a full and open debate, require a two-thirds super-majority of BOTH Houses AND be subject to Presidential  vetoes for which it would take a three-fourths super majority of both Houses to override.

8.)  As in all things, politicians will take the paths of least resistance.  If their path of least resistance in legislation is to maintain the status quo by not voting for something, they will do that.  Conversely, if they have to actively vote for the status quo to maintain it, they will let it change.  As an example of what I mean by this, consider automatic Congressional pay raises.  Those raises will automatically take place unless Congress actively votes to stop them.  Thus, the path of least resistance is to maintain the status quo by doing nothing and, as a result, allow the raises to happen.  If the legislative process required on-going legislation to require active votes to keep it going, and the path of least resistance is to not vote for something (like the pay raises), they will not vote for them and they won’t happen.  The direction of how Congress votes for on-going legislation needs to be changed so that the path of least resistance is what benefits ‘we the people’ and not what benefits Congress or the government.

(This article will be continued in Part III [c], which will continue discussing Article I of The Constitution.)

Rhys M. Blavier

Romayor, Texas

Truth, Justice and Honor… but, above all, Honor

© Copyright 2009 by Rhys M.  Blavier

_____________________________________________________________________________________________________________

Thank you for reading this article.  Please read my other articles and let me know what you think.  I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

How I Think The Constitution Can Be Fixed (Part III [a]: Article I – The Legislative Branch)

In Congress, Corruption, Democracy, Democrats, History, Law, Libertarian, Libertarian Politics, Politics, Republican, US Government on June 1, 2009 at 1:35 am

Congress, The Legislative Branch of The United States of America was, as ‘the people’s house‘, intended to be the most powerful of the three branches of government created by The Constitution… a ‘first among equals‘, as it were.  Of the 4,543 words of The Constitution, the 2,312 words of Article I constitute just over half of the total (50.89%).  Unlike Article II (The Executive Branch) and Article III (The Judicial Brach), Article I deals very much with the actual workings, duties, powers and authorities of Congress.  A primary reason for this, I assume, is that the founders had a long history of experience with operating a working, functioning Congress or Legislature.  They also had more trust of a strong legislative branch than they did of a strong executive branch.

The first representative legislative body established in the American Colonies, in fact, in ANY of the British Colonies, was Virginia’s House of Burgesses, which was created in 1619… 170 years before the creation of Congress under The Constitution.  Before and during the Revolutionary Period, ALL of the American Colonies had functioning state legislatures and, at the national-level, the first Continental Congress had been called in 1765.  Under the Articles of Confederation, Congress ran the nation with a VERY weak Executive, who was appointed by Congress itself to preside over ‘A Committee of The States‘.  The delegates to the Constitutional Convention well understood what a legislative branch could do, although, prior to The Constitution, members of Congress for any state were appointed by the legislatures of that state.  As such, apportionment by census and direct elections of the members of The House of Representatives was their great experiment with a representative legislature.  Members of The Senate, of course, continued to be appointed by each state’s own legislature until the passage of Amendment XVII, which was ratified in 1913 (although some states had been providing for the direct election of their Senators by the people of those states as early as 1907).

It was never the intention of the founders to create a permanently ruling political class.  They envisioned men, who would, for a short period of time, leave their private lives, take up the burden of public service for the good of the nation and then go back to their private lives.  This idea was only one of many visions of theirs that did not survive our national transition from our ‘first generation‘ to our ‘second generation‘ [see ‘Part I‘ of this article for an explanation of my theory of the first and second generational effects].  Many Americans have the mistaken belief that the founders created a two-party system.  This is patently false, but still many of our children are taught it.  The founders tried to create a NO-party system, with the idea that individual members of Congress would band together is short-lived coalitions for each separate issue that came before them.  This is another idea which not only did not survive our nation’s first generation; it did not survive the Washington administration.  This is probably the biggest reason that party politics dominates our government, because The Constitution did not provide any guidelines for or controls / limitations upon them.

Several of my suggested changes will be attempts show how I think that we can restore the founders’ original concept of public service to our government, and show a way to end or, at least, make it more difficult for the continuation of our professional and permanently ruling political class.  These suggestions will be made to try to minimize the amount of time elected officials have to spend in their continuous cycle of staying elected, to maximize their learning curve and effectiveness in office, and to reduce their susceptibility to the corrupting effects of long-term office holding.  They will also have a goal of wanting to breaking the stranglehold which the two major parties have on our government, at all levels, as well as minimizing the power and effect which those at the extreme ends of any political spectrum have on our government.  This is crucial if we are to return our government to a rational level of moderation.

As a general change for ALL elected offices, no one would be allowed to campaign for one office while they are holding another.  If people think that such an allowance is necessary, they could be allowed to run for as MANY offices at one time as they want, but they have to be campaigning on their own time (they, of course, could only accept election to one office if they should win more than one election at the same time… if they do win more than one, though, maybe they should have to pay for any special elections which they necessitate by winning an office they have intention of serving in).  Since all elected officials are elected to serve their constituents by doing a specific job, and not to spend their time on that job trying to keep their current job or trying to get a new one at our expense, once a public office holder is officially a candidate for any national office (the point at which they start raising funds or operating a campaign), they will be REQUIRED to immediately resign any elected office, at ANY level, that they might hold at that time.  This would also help keep the lengths of campaigns down to more reasonable amounts of time as elected officials would be less likely to give up an office in their hand too long before they run for the office in the bush that they want to seek.

Section 2 of Article I lays the groundwork for the composition of The House of Representatives.  Paragraph 1 of Section 2 sets the term of office for members of the House of Representatives at 2 years.  I would change this to 6 year terms, with one third of The House being elected every three years and a one term limit.  This would allow an on-going House with regular turnover and without the turmoil of having to elect ever member of The House and recreating itself every election cycle.  Former Representatives could be elected to additional terms by the people of any particular state that they have served when they have been out of The House for the length of a full term between each term.

Paragraph 2 sets the minimum age for eligibility for election as a Representative at 25.  I would lower this to 20, although with the requirement that being a Representative is a full time job (i.e.  – if someone is a student and is elected, they would have to leave their studies for the duration of their term of office).  We allow citizens to vote at age 18, we let them serve in our military, we require them to pay taxes (which they have to do at ANY age when they earn any money), etc., there is no reason that citizens of that age should not be allowed to elect Representatives of their own age range if they are able to.

Paragraph 3 of Section 2 deals with apportionment of Representatives among the various states.  As we have seen all too frequently, the abilities of modern computing to pinpoint every voter has given the supposedly forbidden practice of gerrymandering an even more frightening and insidious power than it has had in a long time.  That same computing power can allow us to create congressional districts that are of the most compact size and even shape as possible without ANY regard to the politics, or any other discriminating factor, of the citizens of any particular district.  Every state has corners and edges.  All that would have to be done is to program the same computers to start at each corner and create evenly shaped and compact districts as they work in towards the middle of each state.  Alternatively, the first district could start in the middle of a state and work outward.  This would still allow for differing proposals, depending on starting points and merging points, but the test would still be which proposal presents the most precise and evenly shaped districts possible.  Basically, if districts can be created within a smaller or more compact area of a state, you go for the most compact districts possible.  This would not only prevent the parties from manipulating districts in the way that is most advantageous to them, it will prevent them from creating both ‘safe‘ districts (which protect members of either party), and ‘reservation‘ districts (which isolate and limit ethnic voting power overall to specific limited areas).

Paragraph 3 also provides for the total number of Representatives the House.  Its original provision of “The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative;” has been modified by legislation passed in 1911, which capped the total number of Representatives in The House at 435.  One man, one vote‘ was NEVER an intention of the founders (as seen by their plan of equal apportionment of Senators, the guarantee of at least one Representative from each state, and the fact that Congressional districts must be fully contained within their home state) because it was never their desire to allow high population areas to dominate the government at the expense of the rural areas by the simple fact of having more people.  However, it was also not their intention to let rural areas have excessive power by limiting the numbers of Representatives to be divided among the more populous states.  As was seen when Alaska and Hawaii entered the union (the total number of members in Congress was temporarily increased by one for each state UNTIL the next apportionment, at which time it was returned to the 435 Representatives level), the current total is seen as a hard and fast one which is not increased by the admission of additional states.  As a result, with each shift in population and a theoretical continuous expansion of the numbers of states in the Union, the single Representative for the states with the smallest population increase in their own proportional power within Congress.  To counter this, I would propose that the total number of Representatives be equal to ten times the total number of states.  This would mean that every time a new state is admitted, ten Representatives will be added to the total number of Representatives in The House.  Right now, that would result in a total of 500 Representatives, with 50 being taken by guaranteed representation for each state and the other 450 apportioned according to state population sizes.

Paragraph 4 deals with vacancies within The House while Paragraph 5 creates the office of Speaker and allows for The House to create and choose its other officers.  The only change I would make here is that ANY officer of The House (or The Senate) has a responsibility to the nation, as a whole, as well as to their own district’s constituency.  As such, ALL officers of The House or The Senate, from any party, must equally accept feedback, requests, petitions, etc.  from anyone within the nation as they do from anyone within their district.

Section 3 of Article I deals with The Senate.  Paragraph 1 sets the length of term for a Senator at six years.  As with the House, I would increase the lengths of their terms of office to twelve years, with a limit of one term and the passage of a length of time equal to one full term before they can be eligible to run again within their state.  For those of my readers who have caught some of my specific wordings, by the way, these limits would only apply to a candidate in a single particular state if they want to run again in that state.  If someone thinks that they can just pack up and move to another state to get elected again, they would be welcome to try it.  I would love to see the spectacle of hordes of former Congressmen moving constantly between states while trying to convince the voters of their ‘new‘ home states that they are not carpetbaggers who are only looking out for themselves rather than for the citizens that they purport to serve.

Paragraph I also sets the numbers of Senators from each state at two.  I would increase this to three for each state so that every state will have an election turnover of one Senator for every equal third of a term (i.e.  – every four years), which is what is dealt with in Paragraph 2.  Paragraph 3 sets the minimum age of a Senator at 35.  As with The House, I would lower this age by five years to 25 in order to increase the chances for better representation of the younger population of the nation.

Paragraph 4 of Section 3 deals with the role of The Vice President as the President of The Senate.  While I will deal with the larger issue of the office of Vice President when I discuss The Executive Branch, the primary constitutional duty of a Vice President is to be President of The Senate.  This office needs to be a functional part of our government.  [Please see my article on ‘The American Vice Presidency…  Graveyard of the Constitution’.]  While I would still give The Vice President no vote in The Senate except in cases of ties, I would give the office political power in The Senate equal to that of The Speaker in The House.  I would also give The Vice President the freedom to address The Senate under the same rules as any Senator, but with the provision that they must temporarily give up the Presidency of The Senate while speaking on the floor, and maybe with the additional restriction that they must ask the permission of The Senate to be allowed to speak to it from the floor.

Paragraph 5 of Section 3 provides for the creation and selection of other officers for The Senate, including The President pro tempore.  My biggest issue with how Section 5 is fulfilled is that The President pro tempore, the third person in line to the office of President of The United States, has become a meaningless ego job which is simply given to the oldest, most senile member of the majority party.  This Constitutional office needs to be held by the person elected by the whole Senate to be its Floor Leader.  Tell me, honestly, would you have wanted to see a 99 year-old Strom Thurmond succeeding to The Presidency?  What about an 84 year-old Ted Stevens?  Or a 92 year-old Robert Byrd?  The President pro tempore should be the Senator who is leading the legislative agenda on the floor of The Senate, not the one singing ‘I’m a Little Teapot‘ with the Spectre of Death.

 

(This article will be continued in Part III (b), which will continue discussing Article I of The Constitution.)

Rhys M.  Blavier
Romayor, Texas

 

Truth, Justice and Honor… but, above all, Honor

 

© copyright 2009 by Rhys M.  Blavier
_________________________________________________________________

Thank you for reading this article.  Please read my other articles and let me know what you think.  I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

HOW I THINK THE CONSTITUTION CAN BE FIXED (Part II: The Preamble)

In Activism, Congress, Constitutional Rights, Democracy, History, Law, Libertarian, Libertarian Politics, Military, Politics, US Government, War on May 26, 2009 at 8:00 am

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.

At 53 words (1.15% of the total words in The Constitution), The Preamble to The Constitution of The United States is, not counting any of the Amendments, the shortest section of The Constitution after Article VII (Ratification). It has never, to my knowledge, ever been used as a basis for any constitutional court case, or for any decision (majority, dissenting, or separate) made by The Supreme Court. The Preamble is essentially considered to be the ‘pretty words’ before the ‘actual’ Constitution. That is kind of like seeing it as a short, light poetry reading for entertainment purposes before the start of the ‘real business’ part of the program. I think that such a view is a tragic mistake.

First of all, The Preamble is fully a part of The Constitution, written with it and subjected to the same ratification process as every other part of The Constitution was. It is a shame, at best, and short-sighted, at worst to not give it the same respect and standing as every other part of The Constitution. For example, for the hawks and for those in the Bush administration, it provides the best justification in the entirety of The Constitution for their aggressive military views and focus on defense issues (“We the People of the United States, in Order to…, provide for the common defence). In my view, the ‘Commander-in-Chief” clause (which I will talk about in my part of this article which will deal with Article II – The Executive Branch) does NOT give the Executive Branch the power or authority that it wants to claim under that clause. Their best arguments can be made using the relevant words in The Preamble.

Unfortunately, for those same hawks and those conservatives who are against progressive social policies, if they want to use the ‘common defence’ wording of The Preamble upon which to build a case, they must also concede equal standing to all of the other provisions of The Preamble. To me, The Preamble is an active part of The Constitution which establishes objectives which our government under The Constitution is obligated to strive to try to achieve. I will discuss this idea in more detail in the part of the article which will deal with Article I (The Legislative Branch) but, briefly goals and objectives are the same as strategies and tactics. Objectives / tactics are the broad, general, rather nebulous overarching purpose of something which cannot be quantifiably measured or ever be truly achieved… we will make the world a better place, we will create a more perfect union, we will explore space, we will end sickness and disease, etc.… these are all objectives. You cannot measure them, you cannot quantify them, you can ONLY work towards them. What helps you work towards achieving your objectives / tactics are your goals / strategies. Goals / strategies are the specific, quantifiable and measurable and specifically achievable progress points which are established as as ways to help us achieve our objectives / strategies … we will reach the moon by the end of the decade, we will give the vote to eighteen year-olds, we will defeat Hitler, we will wipe out smallpox, etc…. these are all goals.

For my section on the Legislature, I will advocate, and give my rationale for making goals and objectives a specific part of the legislative process. For this section on The Preamble, I will simply say that it is where I see the founders listing the objectives which they wanted us to work towards. To me, this makes The Preamble one of the, if not the, single most important parts of the entire Constitution. All that WE need to do is pay attention to it and give it the same respect and standing that we give to any and every other part of The Constitution.

The lack of consideration given to The Preamble is yet another shining example of what I see as the base hypocrisy of those who cry and scream that The Constitution needs to be read literally and without interpretation (the second part of which is, of course, impossible) but do not practice what they demand. The Preamble is just as much a part of The Constitution as any other part is. It was subjected to the same ratification procedure and cannot be changed without such changes going through the same amendment procedure as any other changes to The Constitution would have to go through.

The only change that I would make with regards to The Preamble would not be to change any of its words, it would be to change what respect and legal standing we give those words among our other laws and constitutional provisions.

Rhys M. Blavier

Romayor, Texas

Truth, Justice and Honor… but, above all, Honor

© copyright 2009 by Rhys M. Blavier
________________________________________________________________________________________

Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

HOW I THINK THE CONSTITUTION CAN BE FIXED (Part I: The Problem)

In Activism, Civil Liberties, Congress, Constitutional Rights, Corruption, Courts and Justice System, Democracy, Democrats, First Amendment, Human Rights Abuses, Law, Libertarian, Libertarian Politics, Politics, Republican, Second Amendment, US Government on May 20, 2009 at 7:12 am

I have said many times over many years that I think that The Constitution of The United States is broken.  I have recently been asked to give specific examples of what I mean when I say that.  This is, of course, a very fair question to ask.  To answer it, however, I will both give some background information to help explain WHY I feel the way I do on this subject (which is the topic of this first part of this article) and, as I don’t think that it is helpful when people say what they think is wrong with something without actually offering any possible solutions to the problems that they see, I will also provide specific examples of WHAT I would specifically suggest to fix these perceived problems (which will be the topic of the second part of this article). I will do this by primarily suggesting how I think specific aspects or parts of The Constitution can be improved to better accomplish the goals of the founders.  Now, with my suggested changes, I will not be offering specific wordings for those changes.  I believe it would be pre-mature and a poor process to do so within the scope of this article.  I think that that there needs to be some agreement first about what changes should be made, then establish specific goals and objectives for those changes, as well as agreement on why a specific change should be made and what its purpose would be, and THEN, work on the actual wording to be forever enshrined in The Constitution.  For me, then, to actually propose specific wording changes at this stage in the process would be pre-mature.  In addition, I am rather… verbose… and I personally think that such wording needs to be as concise as possible.

Let me start by telling my readers why this topic interests me and why I feel I am qualified to write an article on this subject.  When I was a 16-year old kid in high school, I was able to get involved in several college student organizations at Texas A&M University.  This was a very unique period at A&M in the mid-1970s, which is what made this possible.  As a high school kid, I was still an outsider in those groups.  This allowed me to be an observer of the organizational group dynamics.  In one of the organizations, after I had been in it for a couple of years, there was a huge internal crisis which literally tore the organization apart.  This was the first time I ever got to experience what I came to call the ‘second generation effect’.

It was for this group that I wrote my first constitution, a 25-page thing that no one ever got to see because when I had completed it, it was stolen before I could present it.  In retrospect, it probably wasn’t very a very good constitution, although I do not have a copy I can read to verify that.  What writing it began for me, however, was hobby of designing fictional organizations and writing constitutions for them that lasted well over a decade.  I would do this in the same way that some people do crosswords or jigsaw puzzles and, to me, the process was, and is, very much a logic puzzle.   Along the way I have written five to seven actual constitutions for real organizations and, because of what I watched happen in those groups I was part of while I was in high school discovered a desire to help other people create better organizations themselves. I eventually earned a Master’s degree that would allow me to work as a student activities / college union professional, which also provided me with the means to collect constitutions from all kinds of organizations from many different locations to study.  This has allowed me to see many commonalities, both good and bad, among those documents and helped me to formulate a guiding philosophy for designing and writing constitutions for ANY organization.  That philosophy is:

You can NOT, by definition, plan for the unexpected… but you are a damn fool if you do not prepare for the predictable.

In case anyone is interested, by the way, I think that my next project along this line will be to try to incorporate a city in the unincorporated area in which I live and try to create an actual ‘laboratory of democracy’.

The second generation effect is when an organization which has been created by people with a common understanding of why they created the organization themselves begins to have people who were NOT part of the organizational creation process reach a level where they begin to have a greater controlling influence on the organization than those who did create it.

When an organization is created, those who created it usually have a common understanding of the principles and processes they expect the organization to operate by.  Because of this mutual understanding, they are generally very minimalist about what they put into the organization’s founding document(s) or constitution because they think that more is unnecessary for the very fact that all of the original members have a consensus about those principles and procedures.  As a result, they leave those principles and procedures unspecified in the organization’s founding document(s).  Even where these people have differences with each other, they are actually bound together by their mutual understandings about the organization.  They simply don’t see how others who will come along later will not share those bonds and will not view the organization in the same way that they do.  This is what results in constitutions and founding documents which are what I classify as the ‘we create this group, and we will do things and we will be friends’ category of constitutions and founding documents.  This is also what I call the ‘first generation effect’.

So, why are the ‘first generation’ and ‘second generation’ effects important concepts when talking about our Constitution?  It is very simple.  I think that the founding fathers operated under the first generation effect when they wrote The Constitution.  Their common experiences with the separation from Britain, The Revolutionary War, and The Articles of Confederation created a common bond which unified them on a subconscious level.  Even with their many disagreements and differences, they were still bound to each other by what they had experienced in common with each other.

This period saw one of the most remarkable collections of great men and great minds in one place and one period of time in all of human history.  I still can’t figure out if history gave us this moment and gathering of mental giants, or if the moment and gathering of mental giants gave us history.  Which one is responsible for the other, I frequently wonder?  The result of their gathering in Philadelphia in 1787, The Constitution of The United States, is an amazing and awe-inspiring document.  In fact, I think that it has single-handedly shaped where the world has moved since it was created more than any other single document, philosophy, event, or person since then.  The downside of what they did in Philadelphia is that they had no other real historical examples which they could study, other than their experiences under The Articles, to see what would work and what wouldn’t.  They pretty much only had theories and ideas to use.  They also came up with a minimalist document that left much more unwritten and which would rely on their common understandings with which to fill in the gaps than it actually specified about the operation of the new government which they were creating.

In 1991, I was hired for my first job as a Director of Student Activities at a small, private liberal arts college in Illinois.  At this time, the Student Activities Board was an unconstituted committee of the school’s Student Forum.  I decided that the SAB needed to be a separate organization with its own constitution and I created a committee of students, faculty and staff to help design the organization and help write it’s constitution.  The Forum’s advisor was also the school’s government teacher and ‘expert’ on the U.S. Constitution.  One day, in passing, she stopped me and asked why the document I was trying to create needed to be as long as it was.  After all, she pointed out, the U. S. Constitution was only 4,543 words long (honestly, I remember it with her saying it was only 1,458 words long, which is the length of The Declaration of Independence and not of The Constitution but I will give her the benefit of the doubt by assuming she said the correct total).  I responded by telling her “Yes, and it isn’t a very well written document.  She got very angry and, without allowing me to explain to her what I meant, she stormed off.  She never again spoke to me civilly and I was terminated at the end of the school year WITHOUT getting my SAB constitution ever publically discussed or voted on, much less passed.

When I said that The Constitution was not a very well written document, I meant no insult to it or to the great men who wrote it.  I meant simply that they didn’t have the advantages of history which we have upon which to base their document.  NOTHING is ever as good as it can be on a first attempt (look at how much better The Constitution was than The Articles were), and distance is needed to see how things work (or don’t work) as desired, and what can be done to improve it.  I think that this is a necessary evolutionary process in any long standing organization.  I also never got to explain to her my theory of the second generation effect or how I think it illustrated the fundamental flaws in the document.

I think that there are many reasons that more things were not spelled out better in The Constitution.  One of them was the first generation effect of common understanding and fellowship.  Another was that the Federalists, under the leadership of Alexander Hamilton, did not WANT things to be spelled out better so that they could use the ambiguities of the document to argue that it said and meant things that it clearly didn’t.  As is common in history, those of a more liberal ideology will concede things to their political opponents in order to create a consensus while those of a more extreme conservative ideology will simply take those concessions as wins for their side and an indication of weakness for the other side, and will then proceed to try to use that point as a baseline from which to further advance their cause at the expense of those they oppose.  A defining characteristic of a liberal personally is individualism and efforts to strive for common agreement and consensus, while a conservative personality is more commonly seen as wanting unification among those who agree with them for the advancement of their agendas, suppression of individual internal disagreement and accumulation of power for their group.  (Please look for a future article to be written by me on the subject of groupthink, conformity and shame theory to further explain this claim.)

By the 1820s, the first generation of those who created our American constitutional government was mostly gone from the scene and the second generation was in control.  As I have personally seen in all too many smaller organizations, the second generation, not having had a hand in giving ‘birth’ to an organization does not feel limited by the voluntary constraints by which the members of the first generation operated.  A key aspect of the second generation effect is the rise of members who are more interested in their personal power than in the greater good of the organization.  These power-seeking second generation members will also look for weaknesses, flaws, loopholes, omissions and ambiguities within the governing procedures and document(s) of an organization to see how they can be utilized to advance their personal power or parochial interests at the expense of the greater good of the entire organization.  I also do not know how to test it, but I theorize that it is the very weakness and flaws in an organization’s founding documents which ALLOW the second generation effect to occur.  The better that things are clarified, and potential problems identified and provided for, the longer an organization can go on with unity and consensus.  I believe that it is the failures of the first generation to study more closely when they create their organization and better provide for potential problems in the future within their founding documents that is the cause of the second generation effect, and not the fault of those in the second generation.

In American constitutional government, this was seen in the rise of a professional political class; party politics holding dominance in the elected branches of government; party and regional (state) concerns being held as being more important by those elected officials than the greater good of the entire nation; and a desire for gaining and using personal power bases in order to control the functions of government at the expense of those who do not help the person wielding that power.

One last aspect of the generation effects is a blurring of the lines between and the convergence of common misunderstandings of the differences between and meanings of both ‘power’ and ‘authority’.  Contrary to common belief, the two ideas do not have the same meanings and, in fact, are completely separate concepts from each other. This is why they are both used together… power AND authority, like assault AND battery.  Authority is the RIGHT to do something.  Power is the ABILITY to do something.  While power and authority might reside together in some cases, it is much more common to have an exercise of POWER by a person or group who do not have the AUTHORITY to do what has been done, or a group or person who has the AUTHORITY to do something but does not have the POWER to accomplish the desired action (much like when the Supreme Court ruled against Andrew Jackson regarding the Cherokee Indian treaties with The United States and Jackson, supposedly, commenting in response that “John Marshall has made his decision, now let him enforce it.”)  Andrew Jackson, Henry Clay and John Calhoun are all classic examples of second generation personalities.

Part II of this article will deal with the actual flaws, weaknesses and omissions which I see in our Constitution and my personal suggestions for correcting them.

 

Rhys M. Blavier

Romayor, Texas

Truth, Justice and Honor… but, above all, Honor

© copyright 2009 by Rhys M.  Blavier
________________________________________________________________________________________

Thank you for reading this article.  Please read my other articles and let me know what you think.  I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

PART I: An Introduction to American Involvement with War Crimes Trials

In Activism, Corruption, Courts and Justice System, Crime, George Bush, Guantanamo, History, Human Rights Abuses, Law, Libertarian, Libertarian Politics, Military, Personal Responsibility, Politics, Terrorism, Torture, US Government, War on May 12, 2009 at 11:27 pm

If certain acts and violations of treaties are crimes, they are crimes whether the United States does them or whether Germany does them. We are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.

 

Associate Justice of the Supreme Court of The United States
Robert H. Jackson

 

Justice Jackson was asked by President Truman to represent The United States in establishing the process for trying German war criminals after Germany’s surrender in World War II. The above quote was made by him in 1945 during the negotiations of The London Charter of The International Military Tribunal (IMT) which established the legal justifications and basis for the trials. He later acted as the Chief Prosecutor for the Nuremberg War Crimes Trials (IMT) of the major war criminals.

 

I was probably only 12 years old when I first saw the movie ‘Judgment at Nuremburg‘ (based on the Judges’ Trial of the twelve subsequent Nuremberg Trials held after the one for the major war criminals). Even at that age, several things about the trials didn’t make sense to me. I didn’t have much more of an understanding of law or philosophy than that of any other child of my age, but I have always had a very natural understanding of logic… especially in my ability to recognize what ISN’T logical. The main question I have always had about the Nuremberg Trials is: “Why didn’t the losers get to file any charges against the winners?” That, to my mind, would be the primary aspect of a war crimes trial which would keep it from being simply ‘victors’ justice’

 

As I got older, more questions came to my mind about the Nuremberg Trials. The two most prominent of these questions are:

 

(1) We judged that those who were indicted and tried should have resisted or refused to obey laws and/or orders which they thought were immoral. However, what about those who did not have personal moral objections to those laws and/or orders? If they agreed with them but had no hand in giving or enacting them, weren’t they operating both within the law AND within their own moral codes and, if that was the case, then why weren’t they protected from prosecutions such as those at Nuremberg?; and

 

(2) If we wanted to establish that “I was just following orders” is NOT a valid defense, why doesn’t The United States put procedures and practices into place for our own soldiers and citizens who hold such objections to laws and/or orders which they are expected to follow and for which they would face court-martial and/or civil prosecution if they did refuse to obey.

 

In World War II, while there were several localized instances of American War Crimes which could be truthfully judged to be individual aberrations which could be properly, adequately and legally dealt with internally through courts-martial (the Biscari massacres, the Chenonge massacre, and the Dachau massacre, to name just three), there were no attempts to try larger scale incidents against any of the Allies for potential war crimes which originated at a command level or higher. Examples of these would include: the Dresden fire bombings of a non-strategic civilian city for the psychological effect it would have throughout Germany; the re-designation by the Allies of some German POWs (who were protected by The Geneva Conventions) to ‘disarmed enemy forces‘ (who, allegedly, were NOT protected he Geneva Convention) and their subsequent use as forced (i.e. – slave) labor by the French to clear minefields in France and The Low Countries (while this was provided for by the Armistice, the French government conceded that the practice was ‘perhaps‘ not in accordance with The Geneva Conventions. By December of 1945, the French government estimated that 2,000 German prisoners were being killed or maimed each month in accidents); and American food policy in post-war Germany which directly and indirectly caused the unnecessary suffering and deaths, from starvation, of large numbers of civilians and POWs in occupied Germany in violation of Article 43 of the 1907 Hague Rules of Land Warfare.

 

As we look at the debates our nation faces today about war crimes, it is ironic that, at the end of World War II and during the post-war period, it was The United States which took the lead in demanding legal actions and prosecutions to establish both guilt of those who would be punished AND legal precedence for the future. As early as December 1941, British Prime Minister, Sir Winston Churchill, was a vocal advocate for summary executions of war criminals, even to the point of being willing to use Acts of Attainder to circumvent any legal obstacles. It was leaders in The United States who eventually dissuaded him from this stance.

 

In 1943, at the Tehran Conference, Stalin proposed summarily executing 50,000 – 100,000 German Staff Officers. President Franklin Roosevelt tried to lighten this attitude with the suggestion that maybe only ‘49,000’ would need to be executed. Churchill followed this up by denouncing the “cold-blooded executions of soldiers who fought for their country”. In 1945, America’s Secretary of War, Henry L. Stimson, and his staff at The War Department drafted a plan for the ‘Trial of European War Criminals‘, which was strongly approved by President Truman. This plan formed the basis for negotiations of The London Charter.

 

While there may have been legitimate criticisms of the Allied war crimes trials, including by at least three other members of The United States Supreme Court… Chief Justice Harlan Stone (who called the Nuremberg trials “a fraud” and a “high-grade lynching”), Associate Justice William O. Douglas (who said that the Allies were guilty of “substituting power for principle” and that “law was created ex post facto to suit the passion and clamor of the time”), and Associate Justice Frank Murphy (who said, in protest of the war crime trial of Japanese General Masaharu Homma, “Either we conduct such a trial as this in the noble spirit and atmosphere of our Constitution or we abandon all pretense to justice, let the ages slip away and descend to the level of revengeful blood purges.”), it was The United States of America which led the path to the establishment of norms of public international trials for war crimes. Now we face showing ourselves as a nation of hypocrites who are quick to judge others but unwilling to have judgment turned on our own.

 

The war crimes trials of World War II may have utilized ex post facto laws and rules to judge and condemn Axis war criminals but, thanks in large part to The United States, they establish the precedent for holding accountable those at any and all levels of military, political, civilian AND economic structures for both actions AND decisions which lead to the systematic rule of brutality, terror and violence of both the German and Japanese regimes.

 

The United States considered such trials so important that after growing differences between the four major Allied Powers made additional international trials under the International Military Tribunal impossible, that they held 12 subsequent trials on their own at Nuremberg. Under Control Council Law #10, which empowered any of the occupying authorities to try suspected war criminals in their respective occupation zones, The United States alone, between December 1946 and October 1948, conducted:

 

01.) The Doctors’ Trial (Medical doctors and Nazi officials)

 

War Crimes: Performing medical experiments, without the subjects’ consent, on prisoners of war and civilians of occupied countries, in the course of which experiments the defendants committed murders, brutalities, cruelties, tortures, atrocities, and other inhuman acts. Also planning and performing the mass murder of prisoners of war and civilians of occupied countries, stigmatizated as aged, insane, incurably ill, deformed, and so on, by gas, lethal injections, and diverse other means in nursing homes, hospitals, and asylums during the Euthanasia Program and participating in the mass murder o concentration camp inmates.

 

Crimes Against Humanity: For performing those same acts on German nationals.

 

02.) The Milch Trial (Field Marshall of the Luftwaffe, Erhard Milch)

 

War Crimes: Knowingly committed war crimes as principal and accessory in enterprises involving slave labor and having also willingly and knowingly participated in enterprises involving the use of prisoners of war in war operations contrary to international convention and the laws and customs of war. Also, knowingly and willfully participated in enterprises involving fatal medical experiments upon subjects without their consent.

 

Crimes Against Humanity: For slave labor and fatal medical experiments, in the same manner as indicated in the first two counts, except that here the alleged victims are declared to be German nationals and nationals of other countries.

 

03.) The Judges’ Trial (German jurists and lawyers)

(Held responsible for implementing and furthering the Nazi “racial purity” program through the German eugenic and racial laws)

 

War Crimes: Abuse of the judicial and penal process, resulting in mass murder, torture, plunder of private property.


Crimes Against Humanity: The same grounds, including slave labor charges.

 

04.) The Pohl Trial (Employees of the SS Economics and Administrative Department)

(Held for active involvement in and administration of the “Final Solution”; they also handled the procurement for the Waffen SS and the administration of the SS ‘Totenkopf’Divisions)


War Crimes: Administration of concentration camps and of extermination camps, and the mass murders and atrocities committed those camps.

 

Crimes Against Humanity: The same grounds, including slave labor charges.

 

05.) The Flick Trial (high-ranking directors of Flick’s group of companies)

(Charges centered on slave labor and plundering, but Flick and the Otto Steinbrinck, were also charged for their membership in the “Circle of Friends of Himmler”, a group of influential German industrialists and bankers for the purpose of giving financial support to the Nazis. Its members “donated” annually about 1 million Reichsmark to a “Special Account S” in favor of Himmler.)


War Crimes and Crimes Against Humanity: Participating in the deportation and enslavement of the civilian populations of countries and territories under the belligerent occupation of or otherwise controlled by Germany, and of concentration camp inmates, for use as slave labor in Flick mines and factories.

 

War Crimes and Crimes Against Humanity: Plundering and spoliation of occupied territories, and the seizure of plants both in the west (France) and the east (Poland, Russia). Crimes Against Humanity: participation in the persecution of Jews and the ‘aryanization’ of their properties.

 

06.) The Hostages’ Trial

(Regarding the taking of civilian hostages; wanton shootings of hostages and ‘partisans’)


War Crimes and Crimes Against Humanity: Mass murder of hundreds of thousands of civilians in Greece, Albania, and Yugoslavia by having ordered hostage taking and reprisal killings.

 

War Crimes and Crimes Against Humanity: Plundering and wanton destruction of villages and towns in Greece, Albania, Yugoslavia, and Norway.

 

War Crimes and Crimes Against Humanity: Murder and ill-treatment of prisoners of war, and arbitrarily designating combatants as “partisans”, denying them the status of prisoners of war, as well as killing them after such a designation.

 

War Crimes and Crimes Against Humanity: Murder, torture, deportation of, and sending Greek, Albanian, and Yugoslav civilians to concentration camps.

 

07.) The IG Farben Trial (directors of IG Farben)

(IG Farben was a large German civilian industrial conglomerate of chemical firms)


War crimes and crimes against humanity: Through the plundering and spoliation of occupied territories, and the seizure of plants in Austria, Czechoslovakia, Poland, Norway, France, and Russia.

 

War crimes and crimes against humanity: Through participation in the enslavement and deportation to slave labor on a gigantic scale of concentration camp inmates and civilians in occupied countries, and of prisoners of war, and the mistreatment, terrorization, torture, and murder of enslaved persons.

 

08.) The Einsatzgruppen Trial (Officers of SS mobile Death Squads)

 

Crimes Against Humanity: Through persecutions on political, racial, and religious grounds, murder, extermination, imprisonment, and other inhumane acts committed against civilian populations, including German nationals and nationals of other countries, as part of an organized scheme of genocide.

 

War Crimes: For the same reasons, and for wanton destruction and devastation not justified by military necessity.

 

09.) The RuSHA Trial (Various SS officials of various political and administrative

                  departments)

(For implementation of the ‘pure race’ program [RuSHA])


Crimes Against Humanity: Implementing “racial purity” programs; kidnapping children; forcing ‘non-Aryan’ pregnant women to undergo abortions; plundering; deportation of populations from their native lands in occupied countries and resettling of so-called Volksdeutsche (‘ethnic Germans’) on such lands; sending people who had had ‘interracial’ sexual relationships to concentration camps; and general participation in the persecution of the Jews.

 

War Crimes: For the same reasons.

 

10.) The Krupp Trial (Directors of the Krupp Group)

                  (The Krupp Group was a collection of large German civilian industrial companies)


Crimes Against Humanity: Participating in the plundering, devastation, and exploitation of occupied countries; participating in the murder, extermination, enslavement, deportation, imprisonment, torture, and use for slave labor of civilians, German nationals, and prisoners of war who came under German control.

 

11.) The Ministries’ Trial (officials of various Reich ministries)

(Charged for their participation in or responsibility for atrocities committed both in Germany and in occupied countries during the war)


Crimes Against Peace: Planning and waging aggressive war against other nations and violating international treaties.


War Crimes: Being responsible for murder, ill-treatment and other crimes against prisoners of war and enemy belligerents.


Crimes Against Humanity: Committing atrocities and crimes against German nationals on the grounds of political, racial, or religious discrimination.


War crimes and crimes against humanity: Participating in or being responsible for atrocities and crimes committed against civilians in occupied countries; plundering and spoliation of occupied territories; participation in the enslavement, deportation for slave labor, and ill-treatment of civilians in both Germany and occupied countries, and of prisoners of war.

 

12.) The High Command Trial (Senior Flag Officers of the German High Command)

(Charged with having participated in or planned or facilitated the execution of the numerous atrocities committed in countries occupied by the German forces during the war)


Crimes Against Peace: Waging aggressive war against other nations and violating international treaties.

(The tribunal considered all of these accused to be not guilty of this charge, stating that they were not the policy-makers and that preparing for war and fighting a war on orders was not a criminal offense under the applicable international law of the time.)


War Crimes: Being responsible for murder, ill-treatment and other crimes against prisoners of war and enemy belligerents. Crimes Against Humanity: participating in or ordering the murder, torture, deportation, hostage-taking, etc. of civilians in occupied countries.

 

All of the judges for all twelve of these trials were American, as were all of the prosecutors. As a result of these trials, 142 out of 185 total defendants were found guilty of at least one charge. Out of the 142 guilty verdicts, those convicted received 24 death sentences, 20 life sentences, and 98 other prison sentences of varying lengths. In addition to the 35 of the accused who were acquitted, 4 were removed from the trials due to illnesses and 4 others committed suicide during the trials. All of these trials also included charges of conspiracy to commit the various crimes and to initiate and engage in wars of aggression but those charges were mostly dropped either because of poor wording in the orders which provided the legal justification the tribunals or because of beliefs among many of the judges that consideration of those charges was outside of their scope of authorization, or various other concerns. Any future war crimes trials would have to be aware of these difficulties so that they could adequately justify including conspiracy charges in those trials.

 

The United States has prosecuted our vanquished opponents in war for war crimes at least since the trial of Henry Wirz, Commandant of Camp Sumter, the Confederate prisoner of war camp at Andersonville. We also had a history going back just as long of denying full justice and fair trials to those we have accused while, at the same time, have not held our own accountable to the same standards of justice we have condemned others for. A large part of the problems at the Andersonville Prison, for example, occurred because the Union ended the policy it had with the Confederacy of exchanging prisoners in an effort to cause hardship for the Confederacy, which resulted in the massive overcrowding and food shortages at Camp Sumter (which, at its maximum occupation, held enough Union prisoners to make it the 5th largest city in The Confederacy).

 

In 1902, the Lodge Committee in the United States Senate was supposed to investigate allegations of American war crimes committed in The Philippines, which had been building until they eventually ignited when Brigadier General Jacob Smith remarked to a reporter from The Manila News that he “intended to set the entire island of Samar ablaze” and would probably wipe out most of the population of the island. At Nuremberg, Karl Dönitz Commander In Chief of the Kriegsmarine, was charged, tried and found guilty of violating the Second London Naval Treaty (1936) which prohibited unrestricted submarine warfare even though Admiral Chester A. Nimitz stated that The United States also conducted unrestricted submarine warfare in the Pacific Theatre from the first day we entered the war (Great Britain had also violated the treaty itself).

 

During the Vietnam War, The United States used Agent Orange and other defoliants in Operation Ranch Hand, even though the use of poison agents as weapons in war has been banned since World War I, and initiated The CIA’s Phoenix Program, which was designed to identify and ‘neutralize’ (via infiltration, capture, terrorism, or assassination) the civilian infrastructure supporting the National Liberation Front (NLF) of South Vietnam (or Viet Cong) insurgency. In addition, the files of The Vietnam War Crimes Working Group, a Pentagon task force created to detail endemic war crimes, compiled documentary evidence which confirmed 320 incidents committed by U.S. forces (NOT counting the massacre at My Lai), including seven massacres from 1967 through 1971 in which at least 137 civilians died; 78 other attacks on noncombatants in which at least 57 were killed, 56 wounded and 15 sexually assaulted; and 141 instances in which U.S. soldiers tortured prisoners of war or civilian detainees.

 

These examples show how The United States has not been consistent in its pursuit of international justice regarding war crimes investigations or trials, especially when such investigations or trials should focus ON Americans. However, WE established the precedents at Nuremberg that any and everyone within a nation is accountable to the world for their belligerent actions and intentions against other nations and that, once a nation has acted ON those intentions and engaged in such actions, they are also accountable to the world for their actions regarding how they treat their own nationals, citizens and those within their own borders during such international actions. The United States has also set its own precedents for the legality of removing persons who it considers to be criminals in violation of its own laws, most notably with our invasion of Panama and the forcible removal of Manuel Noriega from his own country to The United States to stand trial under our laws and then be imprisoned in our jail system. This case also demonstrates very nicely our own view that being a head of state is not a protection against international justice.

 

It seems to me that war itself is a crime not ONLY because of what one nation does to another nation and its people in the course of war but also because of what it inevitably causes any warring nation to do to its own people while it is in preparation for and engagement of such wars. This would seem to make the investigation and prosecution of war crimes to be a domestic civil necessity as well as an international criminal one. In 1945, in his opening statement before the IMF during the Nuremberg Trial of the major war criminals, Justice Robert Jackson, in his role as Chief Prosecutor said:

 

Any resort to war – to any kind of war – is a resort to means that are inherently criminal. War inevitably is a course of killings, assaults, deprivations of liberty, and destruction of property. An honest defensive war is, of course, legal and saves those lawfully conducting it from criminality. But, inherently criminal acts cannot be defended by showing that those who committed them were engaged in a war, when war itself is illegal. The very minimum legal consequences of the treaties making aggressive war illegal is to strip those who incite or wage them of every defense the law ever gave, and to leave war-makers subject to judgment by the usually accepted principles of the law of crimes.

 

The United States of America has not demonstrated itself to be deserving of the trust of its own citizens or of the world in examining our own for potential war crimes. Nor would it seem that we could be trusted conducting trials for such crimes internally. Since World War II, the prosecution of war crimes has become, of necessity, an increasingly international matter. The United States needs to cooperate with the international community to investigate and try such crimes. Part II of this article topic will cover the rise of and legal justification for international courts for conducting war crimes trials.

 

Rhys M. Blavier
Romayor, Texas

 

“Truth, Justice and Honor… but, above all Honor”

 

© copyright 2009 by Rhys M. Blavier

 

 

The accused and trial results of the Nuremberg Trial (IMT) of the major war criminals were:

 

Martin Bormann: Nazi Party Secretary

(Bureaucrat)

            Sentence: Death

 

Karl Dönitz: Commander-in-Chief of the Kreigsmarine / Hitler’s successor as President of Germany

            Sentence: 10 years

 

Hans Frick: German Law Leader and Governor-General of Poland.

            Sentence: Death

 

Wilhelm Frick: Minister of the Interior and Reich Protector of Bohemia-Moravia

(Authored the Nuremberg Race Laws)

            Sentence: Death

 

Hans Fritzsche: Radio Commentator and Head of Nazi Propaganda Ministry’s news divisions. (Tried in place of Joseph Goebbels who had committed suicide)

            Sentence: Acquitted

 

Walther Funk: Minister of Economics and head of the German Reichsbank.

            Sentence: Life

 

Hermann Goring: Reichsmarshall

(Second highest Nazi official after Hitler)

            Sentence: Death

 

Rudolf Hess: Hitler’s Deputy until 1941

(Flew to Scotland in 1941 to try to broker peace)

            Sentence: Life

 

Alfred Jodl: Wehrmacht Generaloberst

(Military leader)

            Sentence: Death

 

Ernst Kaltenbrunner: Chief of the central Nazi intelligence agency.

(Highest surviving SS official)

            Sentence: Death

 

Wilhelm Keitel: Head of the Wehrmacht command structure

(Military leader)

             Sentence: Death

 

Baron Konstantin von Neurath: Foreign Minister and Protector of Bohemia and Moravia (Resigned in 1943)

            Sentence: 15 years

 

Franz von Papen: German Chancellor, Vice-Chancellor under Hitler, Ambassador to Austria, and Ambassador to Turkey

(Politician and Diplomat)

            Sentence: Acquitted

 

Erich Raeder: Commander-in-Chief of the Kreigsmarine (before Karl Dönitz)

(Resigned in 1943)

            Sentence: Life

 

Joachim von Ribbentrop: Ambassador-Plenipotentiary and Minister of Foreign Affairs

(Politician and Diplomat)

            Sentence: Death

 

Alfred Rosenberg: Party Ideologist, later Minister of Eastern Occupied Territories

            Sentence: Death

 

Fritz Sauckel: Plenipotentiary of slave labor program

            Sentence: Death

 

Hjalmar Schacht: Banker and economist

(Admitted violating the Treaty of Versailles)

            Sentence: Acquitted

 

Baldur von Schirach: Head of the Hitler Youth and Gauleiter of Vienna

(Retired in 1943)

            Sentence: 20 years

 

Arthur Seyss-Inquart: Various political positions and instrumental in the Anschluss

(Political functionary and Diplomat)

            Sentence: Death

 

Albert Speer: Architect and friend of Hitler, later Minister of Armaments

            Sentence: 20 years

 

Julius Streicher: Gauleiter of Franconia, and the publisher of a weekly pro-Nazi newspaper

            Sentence: Death

 

 

Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

The Corporate ‘Person’

In Constitutional Rights, Corruption, Courts and Justice System, Democracy, Economics, History, Law, Libertarian, Libertarian Politics, Politics, Protest, US Government on May 11, 2009 at 6:51 pm

Nowhere are corporations mentioned in The Constitution of the United States of America.  The Constitution was 32 years old before the Supreme Court even dealt with its first case regarding a private, for-profit corporation (Dartmouth College vs. Woodward, 1819) under the contracts clause of Article I, Section 10 (“No State shall…  pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts.”).  It was the conservatively activist court of the period following the War Between the States which changed the landscape of corporate law in the United States with a dictum by Chief Justice Morrison Waite in his opinion on Santa Clara County vs. Southern Pacific Railroad (1886) stating that corporations were ‘persons’ as meant by the Equal Protection Clause of the 14th Amendment (…  nor shall any State deprive any ‘person’ of life liberty, or property without due process of law; nor deny to any ‘person’ within its jurisdiction the equal protection of the laws.)

 

Between 1890 and 1937, VERY activist courts that were VERY conservative and pro-business weakened the ability of employees, customers, state legislatures and labor unions to challenge the power of corporations in the United States.  Even under more liberal courts, corporations have been given additional rights of ‘persons’, such as with 1978’s National Bank vs. Bellotti decision which protected corporate ‘political speech’ under the 1st Amendment.  In all ways, corporations in the United States are legal ‘persons’ under The Constitution which means that, in The United States, certain stacks of signed documents are the same as, and have the same rights under the law as any living, breathing flesh and blood ‘person’ does.  Isn’t it time to challenge the legal and logical fallacies of this position?

 

A human ‘person’ is born.  You can say that a corporation is born, also, but a corporation does not go through a childhood or minority in which it is raised and educated before it is given rights and powers of equal standing with an adult.  There is no consideration of childhood for a corporation and yet for a human person, the importance of childhood cannot be minimized.  Children can be required to attend school and be subjected to curfews that do not apply to adults.  Children are restricted in purchasing or using things with which they might harm themselves or others through restrictions which do not apply to adults (alcohol, tobacco, guns, etc.).  Children cannot legally gamble or enter into contracts.  Children can be restricted from accessing information which other adults can freely access (pornography and restricted movies are two examples of this).  Children cannot vote and their rights of assembly can be limited.  Children cannot work or earn their own money except as specifically provided for by law.  Childhood places very real restrictions and limitations on human ‘persons’ before they are given all of the rights and privileges of an adult.  In addition, under The Constitution, there are even further restrictions on age…  no ‘person’ can be elected to a Constitutional office until they have the achieved the age of 25, 30 or 35 (depending on the particular office).  Corporations have no equal burdens placed upon them; rather they enter the world as full adults, like Venus rising out of the sea in a shell or Athena springing from the head of Zeus.

 

A human ‘person’ is responsible for their own actions.  A human ‘person’ who breaks a law and is brought before a court to answer to justice will be the one who pays a fine or goes to jail.  Felons also have restrictions placed upon them for the rest of their lives.  A corporate ‘person’ cannot be jailed.  A corporate ‘person’ can also just make changes in their management or their Board of Directors and make a claim for leniency or exception which a human ‘person’ who is sane cannot make…  It wasn’t us, it was others, and they aren’t here now”.  Such a claim made by a human ‘person’ would be considered proof of very real and very serious mental illnesses.  While individuals who work for a corporation can be held accountable for some of their actions (keep in mind, the purpose of incorporation is to shield individuals from personal liability or accountability to the public), a corporation itself cannot be imprisoned.  Further, while a corporation might be fined or otherwise punished by a court, the people who made decisions can go elsewhere and continue as they have.  Like a coach of a team which is sanctioned by the NCAA, if the coach can just get a job elsewhere, the sanctions don’t follow him.  Corporations can further shield themselves by creating other corporations which they own and control but which protect the greater corporation from financial or legal liability.

 

A human ‘person’ has duties to perform in their society.  A human ‘person’ can be called to serve on a jury as provided for in The Constitution.  A human ‘person’ can enlist in, or even be conscripted into a military service and sent to die for their country.  A human ‘person’ can run for political office to help fulfill the needs of leadership of their governments at all levels.  No corporate ‘person’ is capable of fulfilling the obligations or duty of service to their country of an individual.

 

A human ‘person’ dies.  How long can a human ‘person’ be part of the workforce?  How long can they provide for themselves and make their own decisions?  How long can a human ‘person’ keep death at bay?  While a corporation might go belly up, or be bought or just end by a decision of those at the top, a corporation, a corporate ‘person’, has no natural lifespan and can, in principle, go on living forever…  maybe a restructuring here and there or a name change but, none-the-less, the same legal ‘person’.

 

The logical case against considering corporations to be ‘persons’ could fill a book, however, there is also a legal flaw which should be addressed within the Constitutional framework of accepting corporations as ‘persons’…  a ‘person’ can’t be owned in the United States.

 

The idea of corporations as ‘persons’ was ‘found’ by the Court in the 14th Amendment.  If the 14th Amendment makes them ‘persons’ under The Constitution, doesn’t the 13th Amendment also apply to them?  (“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”)  Now, go to any dictionary you can find and look up, in order, slavery and slave.  I’ll wait.

 

No ‘person’ can own another ‘person’ in the United States.  Therefore, if a corporation IS a legal ‘person’ under the protection and jurisdiction of The Constitution, doesn’t that mean that they can’t be owned, and that they cannot own other ‘persons’ (i.e.  — other corporations).  If The Constitution applies to the Corporate ‘person’, doesn’t that mean that the WHOLE Constitution applies to them?

 

Rhys M.  Blavier

Romayor, Texas

Truth, Justice and Honor…  but, above all Honor

 

© copyright 2008 by Rhys M.  Blavier
_________________________________________________________________

 

Thank you for reading this article.  Please read my other articles and let me know what you think.  I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

Why I Am Pro-Choice… A Constitutional Literalism Opinion

In Children, Civil Liberties, Congress, Constitutional Rights, Courts and Justice System, Democracy, Drug War, Health, Law, Libertarian, Libertarian Politics, Personal Responsibility, Politics, Science, US Government on May 1, 2009 at 6:01 am

Amendment 9:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

My sister got pregnant when she was only 17 (and unmarried). She got married before the baby was born, but she always carried a chip on her shoulder about that. She is also a far-right, Ayn Rand style objectivist-conservative (but without the actual philosophy to understand what that means). I used to be content to merely say that I supported a woman’s right to make her own choices about her body, including a decision about whether or not to have an abortion. That, however, wasn’t good enough for my sister. She is strongly against a woman’s right to choose to have an abortion and, one day, forced the issue and made me think about what my true, bottom line, no holds bar reason for my pro-choice belief is. It comes down to this. I don’t care when a life starts. When a fetus is inside a woman’s womb it has no more rights than any other parasite does.

Now, I am sure that what I just said has REALLY upset at least half of the people reading this but I am willing to admit what most people won’t on this issue. It isn’t a matter of a fetus being capable of living on its own outside of a womb, or a fetus’ soul or anything else. It is, purely and simply, that a fetus meets the biological definition of a parasite and a parasite has no rights. All rights belong to the parasite’s host.

par•a•site (p r -s t )
n.
1. Biology— An organism that grows, feeds, and is sheltered on or in a different organism while contributing nothing to the survival of its host.

parasite (p r -s t )
An organism that lives on or in a different kind of organism (the host) from which it gets some or all of its nourishment. Parasites are generally harmful to their hosts, although the damage they do ranges widely from minor inconvenience to debilitating or fatal disease.
A parasite that lives or feeds on the outer surface of the host’s body, such as a louse, tick, or leech, is called an ectoparasite. Ectoparasites do not usually cause disease themselves although they are frequently a vector of disease, as in the case of ticks, which can transmit the organisms that cause such diseases as Rocky Mountain spotted fever and Lyme disease.
A parasite that lives inside the body of its host is called an endoparasite. Endoparasites include organisms such as tapeworms, hookworms, and trypanosomes that live within the host’s organs or tissues, as well as organisms such as sporozoans that invade the host’s cells. See more at host.

Now, I like babies as much as anyone, however, I was not allowed by my sister to have a belief that was not utterly devoid of emotion. As a result, I came to an emotionless conclusion on this issue. It simply doesn’t matter to me how far along a fetus is. Nor does any other factor external to a woman matter to me. As long as a fetus is inside its mother, as long as it draws its nourishment and life directly from her, it is not, in my opinion, a person. It might be a ‘life’ but many things are alive which are not granted the status of a person. Once a child is born, by whatever means, it is IMMEDIATELY a person will all individual rights, privileges and protections thereof, but until it is outside of its mother it has no rights.

Ok, I have heard some pro-lifers argue that if a fetus is NOT a person, then someone who injures or kills a mother has not committed murder by killing the fetus. This argument is also nonsense because only the mother has the right to determine if her fetus will be born or not. Anyone who might take that choice away from her has committed murder because of the simple fact that they, and not the mother, took away the mother’s right to have that baby, to give it life.

Now, I have seen people who want those of us who believe in a woman’s right to have complete control over her body try to get us to look at pictures of aborted fetuses in order to try to evoke an emotional reaction. Sorry, this isn’t about emotion, it is about The Constitution. So, you might ask, how does that apply to anything else a person, male or female, might want to do to their own body. I say that it isn’t my right or the government’s right to tell them what they can and cannot do to themselves. This does not apply to those who are not of a sufficient age or intelligence to make an informed consensual decision about themselves but, other than that, if a person wants to have sex with people(s) of their own gender or with prostitutes; if they want to take drugs; if they want to ride a motorcycle with a helmet; or they want to shoot themselves in the head or otherwise end their own lives; if they want to marry someone that they love, serve in the military or raise children, I believe that The Constitution says that they have the rights to do so.

The only valid purpose of law is to protect people from other people; not from themselves or to tell them how to live their lives.

I am a Constitutional literalist, an absolutist. I do not believe that rights are given by The Constitution, nor are they hidden and waiting to be discovered in The Constitution. I believe that The Constitution guarantees that we have ALL rights except those specifically denied to us… and the line is where we take away those rights from someone else. I believe in freedom, and I believe that we can only truly be free when we are willing to allow everyone else to be as free as we ourselves want to be. The only question I have for my readers is this… do you have enough faith in our nation and our Constitution to trust that, with equal freedom, everyone else is capable of determining the courses of their own lives? Do you have enough faith to let everyone else be free?

Rhys M. Blavier
Romayor, Texas

Truth, Justice and Honor… but, above all Honor

© copyright 2009 by Rhys M. Blavier

Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.