Steve G.

Posts Tagged ‘Britain’

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
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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.

The Powers to Raise and to Spend Taxes (Liberal Libertarians Discussion Topic #01)

In Boston Tea Party, Charles Jay, Congress, Corruption, Democracy, Economics, Fraud, History, Law, Libertarian Party-US, Libertarian Politics, Politics, Pork, Spending, Taxation, Thomas L. Knapp, US Government, War on April 15, 2009 at 7:29 pm

The single greatest factor behind the rise and development of the English Parliament was taxation. What very quickly developed, and what lasted until the British Monarchy lost its functional power as a part of government and became a marginalized figurehead position (which happened over the course of the 1800s) was that the power to SPEND tax money was separated from the power to RAISE tax money. Under that system, only Parliament could RAISE tax money but only the Monarch could SPEND tax money. If the Monarch wanted to spend anything (for wars, his houses and mistresses, public building projects, anything) they had to convince Parliament to raise the necessary tax monies and give those money to him 9or her). Likewise, if Parliament wanted money spent on anything in particular, they had to convince the Monarch to agree to spend raised money in such ways. The inherent conflict within the system required negotiation and compromise from both sides. Sometimes one side would be more powerful than the other and would dictate to the other. Likewise, Kings would often not actually spend money as they agreed to. THOSE situations would lead to further conflicts in the future. Sometimes the Monarchs would simply get sick of their Parliaments and would dismiss them and not call another to replace it, but then the King could not raise any money. In those situations, the losers would usually be the common people who were hurt by both sides.

One of the main sources of conflicts between Monarchs and Parliaments (as in ALL nations) was the exorbitant costs of the wars which the Monarchs would want to fight. Because of the unique circumstances of both WWII and the Viet Nam war, Americans now think that wars create profit. They do not. Wars are and always have been burdensome drains on the public coffers. Monarchs want wars for various reasons, but those wars HAVE to be paid for… even in a dictatorship… and, historically, most wars bankrupt their nations as well as the other nations involved. Look at the current situation with our undeclared wars in Iraq and Afghanistan. Let’s not even get into the cost to human life or to property, let us just look at the actual fiscal cost to fight them, clean them up, care for our veterans afterwards, intelligence… all of it. The problem is, in America, because of the way the power to raise and spend tax monies is allocated, the dialogue is usually focused on questioning the patriotism of those who disagree with one side; on attempts to gain power by individuals, parties, factions, ideologies or branches of government; or is hurting our ability to deal with OTHER national priorities by saying we can’t question the money we spend on our wars so we cut the pennies in order to be able to keep throwing away the dollars.

So… in all of the discussion we hear these days about taxes, we are still simply talking about the ‘symptom’ of actual taxation rather than trying to explore the root causes of the actual problems. To ME, the issue is not whether or not taxes are too high, or if they are properly spent, it is that there is no incentive or system in place to DISCOURAGE spending OR raising tax money. If you give the people who have the power to SPEND your money the additional power of determining how MUCH of your money they can take you have the fox guarding the hen house. To me, before we talk about the very real issues of tax codes and policies in America, we need to talk about the basic powers involved in the fundamental issue of taxation.

Here is my personal idea, to start the ball rolling:

01.) ONLY The House of Representatives should have the power to RAISE tax monies. The functions of government which deal with raising and accounting for the expenditures of those monies should be placed under the authority of The House… the people’s house of government. I think that the IRS is the wrong organization for our nation but before it can be dismantled, we need to figure out something to take its place because its ROLE is, and will be necessary. We can NOT destroy something which has such a key role in the operation of our government (whether it SHOULD or should NOT HAVE that role is irrelevant… it does and it must be dealt with as a reality). The House should be completely in charge of our nation’s checking and savings account. This would result in Representatives keeping THEIR jobs in large part based on how they keep taxes low.

02.) ONLY the Senate should have the power to SPEND tax monies. The functions of government which deal with purchasing, contracting, supervising, etc. the expenditures of those monies should be placed under the authority of The Senate. The Senate should be completely in charge of our nation’s checkbooks, passbooks, and ATM cards. This would result in Senators keeping THEIR jobs in large part based on how much swag they can send back home.

03.) The President should be the mediator that coordinates the efforts of the two house of Congress and makes the deals. The President would also be the one who would make sure that all agreements between the two houses on both the raising AND the spending of tax monies would be followed to the letter. The President would be the one who makes sure that every side is honest with the other. The President would also be the one who signs off on all agreements (budgets) and certifies them as satisfying all sides and being in the best interest of the American people.

04.) All three parties involved (The House, The Senate and The Executive Branch) would have complete and unrestricted access to all records, notes, documents, EVERYTHING made or kept by any of the other parties regarding ANY issue regarding or relating to taxes. Further, all finalized, ratified and signed budgets and expenditure agreements shall have full force as LAWS for their durations and any violations of any parts if those agreements and budgets can be prosecuted as such, with the individuals responsible for those violations… ALL individuals at ALL levels up and down the ‘food chain’… being PERSONALLY accountable and liable for those violations (whether it is a Senator, the members of a specific committee, or a clerk who signs a check… EVERYONE is accountable and THUS has the motivation to be honest and above board about all actions and decisions regarding taxes).

05.) All three parties involved (The House, The Senate and The Executive Branch) would create a non-partisan, non-governmental committee or board, to which they will all appoint an equal number of members, which has the power and authority to review and mediate all agreements and violations and to make final and binding non-partisan decisions regarding the same when there are ANY questions about or challenges to finalized agreements or budgets which deal with tax monies and their expenditures. Each state would also get to choose one or two members of this board. Obviously all of the exact details would need to be carefully studied and worked out.

06.) SOMEHOW, The Federal Reserve and The National Bank (and any other such relevant entities) would be brought back under full federal control and incorporated into this who system… somehow.

No matter what our own personal and unrealistic idealistic vision of our government is, taxes are real, they are not going to go away and they ARE necessary. What WE need to do is to try to figure out how to make the system work better and fairer so that it can be a positive factor in our society rather than one which puts us at each others. throats.

Ok, those are my initial thoughts. What can anyone else contribute? How can anyone else make these ideas better or give us different ideas which are better? What can we do with this?

Recommended Readings for people interested in this topic are:

1.)For Good and Evil (Second Edition): The Impact of Taxes on the Course of Civilization
By: Charles Adams (Tax Scholar and Historian, Cato Institute Fellow) http://www.amazon.com/Good-Evil-Second-Impact-Civilization/dp/1568332351/ref=sr_1_1?ie=UTF8&s=books&qid=1224912619&sr=1-1

2.)Those Dirty Rotten taxes: The Tax Revolts that Built America
By: Charles Adams (Tax Scholar and Historian, Cato Institute Fellow) http://www.amazon.com/Those-Dirty-Rotten-taxes-Revolts/dp/0684871149/ref=sr_1_1?ie=UTF8&s=books&qid=1238470625&sr=1-1

Rhys M. Blavier
Romayor, Texas

© 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.

To discuss this topic, the discussion thread is going on here: http://blavier.newsvine.com/_news/2009/04/15/2688338-the-powers-to-raise-and-to-spend-taxes-liberal-libertarian-discussion-topic-01

Candidates Gone Wild: Presidential Wackjob Edition

In Barack Obama, Children, Congress, Crazy Claims, Daniel Imperato, George Bush, Humor, Immigration, Iraq War, Libertarian, Lies and the lying liars who tell them, Politics, Presidential Candidates, Shine on you crazy diamond, US Government, War on March 22, 2008 at 10:08 pm

We’re all familiar with John McCain, Hillary Clinton, and Barack Obama. However, have you ever wondered what other presidential candidates are out there? Are you longing for a presidential candidate who is really and truly different? If so, one of these guys just might be your man.

Michael Jesus ArchangelUnlike most mainstream presidential candidates, God The Great Holy Spirit Saint Michael Jesus The Archangel doesn’t think he is God. He knows he is. This also ends the debate about the true name of God, since he quite clearly denotes his name as “Mike”. That’s a much easier name to spell and remember than “Yahweh”, for sure.

Apparently God/Mike runs a “modeling agency”, and if his website claims are to be believed, it’s quite successful as models literally flock to him. I’m not sure how lucrative that endeavor has become for him, but that’s okay because he also makes his own money. By that, I don’t mean that he works and makes money. No, I mean that he quite literally makes money, which he calls “Heavenly Banknotes”. Are you against the Federal Reserve? He’ll take care of that problem too, and replace it with his own “Cosmic Reserve Bank”.

Apparently God/Mike is an Old Testament kind of Creator, because he wants to arrest abortion doctors, judges who ruled abortions legal, and women who have had abortions, and execute them all within a year. He also thinks that smokers are both suicidal and homicidal, and he plans to arrest and execute, without representation or trial, all of the “tobacco lords”. He also has a problem with gay marriage, because the Bible (which he refers to as “My Holy Word”) speaks against it; for that reason, he plans to execute all gays and lesbians. On the other hand Mike/God is not quite so completely violent as it would appear, since he also thinks that nations should settle conflicts with a paintball war.

If you’re interested in contacting God/Mike, you can do so by telephone or email, since both are listed on his website. However, you can’t send him a fax, since his fax is listed as “CIA Top Secret Ultra-Grade.”

Like any other non-mainstream candidate, God/Mike has run into some difficulties during his campaign. Most notably, he was charged with attempted murder, undoubtedly while “at war with the homosexual Satan and his leftist queer devils and demons”. That’s okay, though, because since he’s God, he has the power of prophesy. To that end he says, “I prophesy that I will win by a crushing landslide.”

Jonathan The Impaler SharkeyOn the other end of the spectrum Jonathan “The Impaler” Sharkey may not be a Papal Knight, a Knight of Malta, or a Knight of the Orden Bonaria like Daniel Imperato; or God, Jesus, or the Holy Ghost like Mike, but he is an ordained Satanic Priest. Not only is he a Satanic Priest, but a quiz on his MySpace profile declared that he is Satan, so it must be true. He also promises to murder (by impalement, of course) certain people with his own hands as soon as he takes office; that list includes Osama bin Laden, George Bush, O.J. Simpson, and even Mike Tyson.

Jonathan is also a “Satanic Vampyre” as well as a “Hecate Witch”, and has some very serious military experience as a “Commanding General” of a vampire regiment known as the “Death Dealers”. He also has a great deal of previous political experience, having run for Congress in multiple states, for President during the last election as well as the present one, and he once also ran for Governor (of Minnesota). His campaigns have been unsuccessful, undoubtedly due to the media’s bias against third party candidates.

On the downside, he must be one of those shapeshifters David Icke warns us about because, while in Florida, he assumed the name “Kathleen Sharkey” and claimed that he is is his own half-sister, and also his own pagan wife. He sent a notice to the FEC under the Kathleen persona, implying that Jonathan is dead.

Not surprisingly, The Impaler does have an arrest record, including a record for stalking a former girlfriend, but for those who wish to support The Impaler, that could be easily spun into his being far more loyal than most people will ever be. He was also ordered to undergo psychiatric care since he believes himself to be a vampire, and of course that could be spun as his having had his right to practice his religion denied by the government. Despite The impaler’s shortcomings, there is always a way for a politician to spin anything into something positive.

John Taylor BowlesThen again, if God and Satan aren’t quite down-to-earth enough for you, there is also John Taylor Bowles. Bowles claims to be “the White People’s Candidate”. Dressed like a Neo-Nazi storm trooper, Bowles claims that it is “time for the white people to put a real white man in the White House”; apparently he believes that previous presidents weren’t really white.

Bowles wants to give us lower taxes, lower food prices, free health care, zero unemployment, no outsourcing of jobs, forgiveness of all credit card debt so all white people start with a fresh slate, a 5% flat tax on income with all other taxes abolished, no more foreclosures, and interest-free mortgages (though together those last two items are equivalent to free housing on a first-come first-serve basis) ….. but only after he has deported all non-whites in a “humanitarian” manner. He plans to give all non-whites a one-time stipend of $30,000 to make their involuntary move more palatable.

Bowles also wants to bring the white soldiers home, at which time he will position them at the southern border to help “stop the invasion”. He also believes that birth control is an invention of those who wish to destroy the white race, and to that end he suggests that whites take over the country by having as many children as possible (though if he deports all non-whites, we would have no need to out-breed anyone to maintain control). White families who produce four or more children will have their mortgage debt forgiven, though again, it doesn’t matter if the debt is forgiven, if there are no more foreclosures.

I’ve heard this particular line of thinking before. Former wacky Libertarian candidate Gene Chapman suggested that libertarians out-breed the non-libertarians, and even offered to store his sperm for any women interested in bearing his children. He also mentioned that both he and his webmaster Doug Kenline were single. Big surprise there.

So who gets to stay in the United States, and who will be forced to leave? According to Bowles, a white person (which he refers to as “Aryan”) is defined as “wholly of non-Jewish, non-Asiatic European ancestry, descendants of the autochthonous Peoples of the contemporary states of Austria, Belarus, Belgium, Britain, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Iceland, Ireland, Latvia, Lithuania, the Netherlands, Norway, Poland, Russia, Slovakia, Slovenia, Sweden, Switzerland, and Ukraine. Many persons of Albanian, Bulgarian, Croatian, Georgian, Greek, Hungarian, Italian, Portugese, Romanian, Serbian, and Spanish heritage also qualify as Aryan, their ancestors being pioneers of Aryan communities in those lands.”

Now that we’ve reviewed the candidates, here is the interesting question. Given that the mainstream parties limit our choices to only three candidates at this point, soon to be only two candidates; and given that many Americans do not agree with any of the mainstream candidates on the issues …. if these were the only candidates from which you could choose, who would you choose, and why?