Steve G.

Posts Tagged ‘World War II’

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 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

EW’s List of Memorable Antiwar Films

In Activism, Celebrities, Entertainment, History, Media, Terrorism, War on April 1, 2008 at 3:21 pm

Entertainment Weekly has come up with a list of memorable antiwar films, listed below.

Would you add other films to this list? Do you believe that any don’t belong on the list? Have antiwar films helped form your present views? What is the greatest and/or most memorable antiwar film of all time, in your opinion?

ALL QUIET ON THE WESTERN FRONT (1930)
The Hollywood adaptation of Erich Maria Remarque’s classic novel is one of the earliest anti-war films, and still stands among the most haunting. As naive young German troops fight and die in World War I, their devotion to their homeland comes to seem cruelly meaningless.

LA GRANDE ILLUSION (1937)
French auteur Jean Renoir looks at WWI from the other side of the trenches and arrives at much the same conclusion. Three captured officers (Pierre Fresnay, Jean Gabin, Marcel Dalio) bond in a German POW camp and learn that nationalism and class divisions are less important than the things all humanity has in common. Such a damning statement that the Nazis seized its negatives when they invaded France three years later.

THE BEST YEARS OF OUR LIVES (1946)
Call it the Stop-Loss of its day: Midwestern war heroes (Dana Andrews, Harold Russell, Frederic March) struggle to ease back into their small-town lives after World War II. A rare look at the long-term challenges faced by ”the Greatest Generation” once they defeated the Axis.

PATHS OF GLORY (1957)
Director Stanley Kubrick’s first big box-office success was also his first foray into the anti-war territory he would return to again and again. Kirk Douglas stars as a compassionate French colonel defending troops who have been accused of cowardice by their brutal superiors during WWI.

DR. STRANGELOVE: OR, HOW I LEARNED TO STOP WORRYING AND LOVE THE BOMB (1964)
Kubrick’s approach is considerably lighter in this mordant Cold War satire. As the U.S. and U.S.S.R. hurtle toward nuclear apocalypse for no particular reason, Peter Sellers pulls off a hat trick, playing the psychotic rocket scientist of the title, the ineffectual American president, and the lone sane military man. A masterpiece of weapons-grade gallows humor.

THE BATTLE OF ALGIERS (1966)
Italian director Gillo Pontecorvo delivers a still-searing portrait of Algeria’s mid-20th-century war of independence against its French colonial government. As both sides trade escalating acts of terrorism and brutality, the Western occupation is revealed as an exercise in gory futility.

CATCH-22 (1970)
Yossarian lives! Mike Nichols directs an all-star ensemble (Alan Arkin, Martin Sheen, Jon Voight, Orson Welles, Anthony Perkins, Bob Newhart…Art Garfunkel?!) in an adaptation of Joseph Heller’s tragicomic WWII novel. The characters may have been Allied bombers stationed in the Mediterranean, but the theme of senseless violence amid a bureaucratic tangle could hardly have been more relevant to the ever-deepening Vietnam disaster.

M*A*S*H (1970)
Before Hawkeye and Trapper John were primetime-TV staples, they featured in Robert Altman’s dark Korean War comedy. Donald Sutherland, Elliott Gould, and Tom Skerritt star as wisecracking Army doctors in a chaotic base camp south of the DMZ in the 1950s — another thinly veiled stand-in for the situation in Vietnam.

COMING HOME (1978)
Three years after the U.S. withdrew from Southeast Asia, American audiences finally got a great film that explicitly addressed Vietnam. Jane Fonda and Jon Voight both took home Oscars for their roles in a love triangle involving a paraplegic veteran and his nurse…

THE DEER HUNTER (1978)
…and that same year, the Academy voted this intense Vietnam movie Best Picture. Robert De Niro, and Christopher Walken star as Pennsylvania steelworkers turned soldiers; we watch the war’s inhuman violence tear them apart as they proceed from a pre-war hunting trip through the battlefield and back home. You’ll never forget those Russian roulette scenes.

APOCALYPSE NOW (1979)
In a loose re-telling of Joseph Conrad’s Heart of Darkness, Captain Willard (Martin Sheen) journeys up a Cambodian river to find and kill the unhinged Colonel Kurtz (Marlon Brando). It’s since become one of the most iconic Vietnam War films — quotes don’t get more quotable than Robert Duvall bellowing, ”I love the smell of napalm in the morning!”

DAS BOOT (1981)
Back to World War II: Director Wolfgang Petersen takes us inside a claustrophobic German submarine, revealing the grueling realities of undersea battle for a young crew whose members are beginning to question Nazi ideology.

PLATOON (1986)
The first and most affecting of Oliver Stone’s Vietnam films. Charlie Sheen, standing in for Stone’s own wartime experiences, drops out of college and ships off to the Army. Caught up in the violent rivalry between two superior officers — a brutal authoritarian played by Tom Berenger and a warmer sergeant played by Willem Dafoe — Sheen’s ideals are shattered.

FULL METAL JACKET (1987)
Another insanity-of-war polemic from Kubrick, this one focusing on a troop of Vietnam-bound Marines. First we see Vincent D’Onofrio as a young recruit driven insane by the brutal dehumanization of basic training. The film’s second segment follows the rest of the troops through a similarly hellish march into the city of Hue.

THREE KINGS (1999)
In director David O. Russell’s quirky examination of the (first) Gulf War’s aftermath, soldiers played by George Clooney, Mark Wahlberg, Ice Cube, and Spike Jonze happen upon a treasure trove of Saddam Hussein’s gold bullion in 1991 — and then things really get started. As they traverse the desert, gradually coming to realize the war’s effect on Iraq’s civilians, wry humor gives way to touching drama.

MUNICH (2005)
Steven Spielberg’s Oscar-nominated epic takes place more than 30 years ago, but it’s still the only feature film that’s truly done justice to the profound ethical complexity of today’s ”War on Terror.” Eric Bana, Daniel Craig, Ciarán Hinds, and others are undercover Israeli spies, assigned to secretly track and assassinate the Palestinian terrorists who planned the vicious murder of Jewish athletes at the 1972 Olympics in Munich. Their mission seems entirely righteous at first — but as they travel through Europe, picking off the men on their hit list, anything resembling moral clarity soon vanishes.

FLAGS OF OUR FATHERS/LETTERS FROM IWO JIMA (2006)
Clint Eastwood directed not one but two dramas about the punishing Allied campaign to take Iwo Jima at the end of WWII. In Flags, the U.S. government forces the soldiers who hoisted the stars and stripes above the island in the iconic photograph into uncomfortable propaganda roles when they return home. And in the Japanese-language Letters, we see the same bloody battle from the other perspective, as Ken Watanabe’s Gen. Kuribayashi struggles to maintain dignity amid rising casualties.

I was surprised that they didn’t include “The War At Home“, a film which takes place after a soldier returns home from Vietnam, as he struggles to deal with the horrors he experienced; the film stars Emilio Estevez, Kathy Bates, and Martin Sheen.

Another antiwar film which I would highly recommend is “Jacob’s Ladder“. It stars Tim Robbins and Danny Aielo, and is kind of hard to explain. IMDB describes it as, “A traumatized Vietnam war veteran finds out that his post-war life isn’t what he believes it to be when he’s attacked by horned creatures in the subway and his dead son comes to visit him.” It seems like a horror film in many ways, but has a very interesting plot twist at the end, which still gives me goosebumps when I think about it. I cannot recommend this film highly enough. Here is the trailer for “Jacob’s Ladder”:

Which antiwar films have you seen and would recommend to others?