Constitution

Changeling

My family and I recently watched the moving “Changeling” with Angelina Jolie. The movie itself was entertaining and focused on the efforts of a 1920’s woman to recover her missing son. The issue at hand was the corruption of the Los Angeles Police Department after receiving bad press and their attempts to cover up shoddy police work. As we watched I found myself angered over the blatant misuse of authority. For example, when Jolie’s character challenged the police department they had her committed to an LA psychological hospital; a warrantless incarceration without trial. Once behind the walls of the hospital it was nearly impossible for her to plead her case.

Watching the movie caused me to challenge my kids to compare the situation to events of today and instantly they commented on perception of law enforcement corruption and intimidation. Of course, the most obvious example is TSA’s violation of the 4th Amendment at airport security check points and intimidation of people like Aaron Toney who was detained for 90 minutes, without arrest, by TSA on December 31 at Richmond, Virginia’s airport when he removed his shirt and displayed the 4th Amendment on his chest.

In Philadelphia gun owner Mark Fiornio was nearly shot, detained and harassed for lawfully openly carrying a gun. A new FBI Advisory circular, “Communities Against Terrorism: Potential Indicators of Terrorist Activities Related to Military Surplus Stores” advises store owners to keep records of customers making lawful purchases but fitting a profile of self-preparedness.

In London two weeks ago government officials required Amazon.com to stop selling self-defense weapons while authorities simultaneously allowed riots to “run their course.” Thus, the citizens lost the right to protect themselves in their own homes. Similarly, San Francisco authorities shut down cell-towers within the Bart system to prevent a possible riot from developing, but also leaving law abiding citizens with no mechanism for protection.

Regardless of examples I provide I must wonder when intimidation will stop and the rule of law will prevail. The movie “Changeling” highlighted corruption I could not believe existed. Ultimately, the 1930’s Courts found in favor of their “own”, but yet the corruption was known and documented. Like the Gestapo, TSA, police departments, and the National Guard will be asked to turn on citizens instead of protecting those, they are here “To Serve and Protect.”

July 4th 2011

July 4th 2011 (6/29/2011)

Last July 4th I was in Washington, D.C. with my children and wife to watch the nation’s fireworks show. It was a moving experience to visit the Jefferson and Lincoln Memorials, see the Washington Monument, and more importantly to trek through the National Archives to see the Declaration of Independence and Constitution first-hand. In the last 12 months there has been a political shift in the House, political scandals, the death of Osama Bin Laden, and wars started in Libya and now Yemen. Last July 4th gas prices averaged $2.72 versus $3.70 this year, more Americans are on food stamps than ever before – 13% from last year, and housing prices have dropped more than in the Great Depression – down another 5% from last year. With bad numbers at home things must be getting better abroad, but that is far from what is occurring. The European Union appears to be entering a new crisis ignited by Greece and the Japanese earthquake is showing how desperate governments put pride before safety.

July 4th is celebration of the events of the summer of 1776 and the proclamations debated in Philadelphia in July to declare independence from the British. The two statements, “all men are created equal” and “Life, Liberty, and the pursuit of Happiness” are idolized around the world as symbolic of the freedom we have. It was September 17, 1787 that gave us the America we enjoy today; the signing of the Constitution and Bill of Rights. It did take nearly another 18 months to ratify the document, but the America I know came from the forward thinking Continue reading…

June 29, 2011 by admin Civil Rights Depression Freedom Great Recession

Gestapo and Gulags

Congress successfully reauthorized the Patriot Act on May 27th, 2011 with hours remaining before the Act would expire. America is eerily following the same path Hitler’s Nazi Germany took in the early 1930’s; a path of Federal law enforcement, diminished civil rights, and lack of transparency in the courts. The Gestapo was given the authority to investigate treason, espionage, sabotage and criminal attacks against Germany. The basic law passed in 1936 gave the Gestapo the right to operate without judicial oversight. The Gestapo could not be sued by citizens in Administrative court.

Americans are subjecting themselves to our own Gestapo, Department of Homeland Security (DHS) willfully. Examples abound from TSA searches, disrobement, and groping at airports, rail stations, and even high school proms to document and papers required to open a bank account or get a job. Openly over the last 18 years there has been a push from local community law enforcement to a federally dominated model of control. Any local assertion of state’s power is met with federal resistance, like the Arizona and Georgia immigration lawsuits or economic threats to Texas over passing an anti-groping bill. DHS has pushed a “see something, say something” campaign to encourage spying on neighbors and standing up to Big Brother is now cause for consideration as “domestic terrorist.” It was that “domestic terrorism” that brought us freedom and the genesis of our country.

As police power expands, and 1st, 2nd, and 4th Amendment rights are reduced more citizens are being jailed than ever before. The term “Gulag” was originally an acronym for the Soviet agency administering the prisons, but has since come to represent any penal system. America has sharply turned her view on incarceration from on of rehabilitation to mandate. In 1982 approximately 1 of 77 Americans was under “correctional-control”, today that number is 1 of 31. Georgia leads the country with 1 of 13 adults under some type of judicial supervision. Take into account wage garnishment orders, child support orders, and foreclosure liens and judicial findings and the number is higher. Today the United States has the highest incarceration rate (3.1%) and the largest prison population of any country in the world. Even communist China with three times the population incarcerates fewer people.

The trend I see developing is one of government control creating fear among the citizens. I challenge you, what consequences would you face if you question how TSA handles you? What would you expect to happen if you say “no” to a police officer regarding a roadside search? Why are our countryman arrested for filming police stops? Why do victimless crimes, like drug use or possession, result in incarceration? More frequently the noose is tightening around our necks, “We the People..”

June 15, 2011 by admin Big Government Civil Rights Freedom Stupid People

Little Noticed News

Little Noticed News (6/1/2011)
Oprah, Republican presidential candidate implosions, and Obama’s Irish roots seem to dominate the news. On a national and international level none of these newsworthy events will impact most Americans. Instead, I argue there is an entire underlying level of news taking place nationwide, some of which gets a brief mention on one of the cable or broadcast networks, but most of the news disappears not to be heard from again. America is changing, and changing rapidly. Willfully civil rights and constitutional guarantees are being eroded, and yet a blind eye is turned. Below I have listed examples from the last three weeks.
On May 22, 2011 – a Santa Fe, NM high school announced TSA would pat-down students as part of security to enter Prom. From TSA’s own web site, the agency’s mission is, “The Transportation Security Administration protects the Nation’s transportation systems to ensure freedom of movement for people and commerce.” Nowhere is a high school or sports event mentioned, and I cannot imagine being groped on my last night in high school.
May 21, 2011 – Mark Fiornio strolled through downtown Philadelphia lawfully, openly, carrying his permitted gun. The issue at hand is Mr. Fiornio was detained, nearly shot, and charges brought against him for disorderly conduct and reckless endangerment. He tried to explain to police offers he had a permit and cited the statutory laws allowing him to open carry. Local authorities are warning gun owners that they will be “inconvenienced” if they carry unconcealed handguns in the city.
May 15, 2011 – The Indiana Supreme Court, 3-2, ruled people have no right to resist officers who enter their homes under the premise it is in the greater public good and would minimize confrontation. Additionally, the Indiana Court ruled police do not need to knock to serve a search warrant.
May 17, 2011 – Historically police offers required probable cause and a search warrant before breaking into a home. That changed with the Supreme Court’s ruling in Kentucky v. King. Ruling 8-1 the justices gave police more leeway to break into homes or apartments in search of illegal drugs when they suspect the evidence otherwise might be destroyed. Justice Ruth Bader Ginsburg dissented, fearing the ruling gave police an easy way to ignore 4th Amendment protections against unreasonable searches and seizures.
In each of the above cases I can easily see the argument for “greater good”, “public safety” and other pansy excuses. Sadly, “we the people” are continuing to allow our freedoms to incrementally erode away. In one week, four cases that have far reaching circumstances. As a reminder, blood was shed for The Fourth Amendment, which assures that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,”

June 1, 2011 by admin Big Government Civil Rights Controversy Freedom Stupid People

Can I Wear My Shoes Now?

Can I wear my Shoes Now? (5/4/2011)

Sunday night I was on my way home from Atlanta tuned in to CNN when I heard the President planned an unprecedented press conference around 10:40pm. My wife and I speculated on possibilities, “what could be so important?” Jokingly I offered maybe Osama bin Laden was dead, but that certainly was not worth a late night press conference. Of course, if your poll numbers have fallen to historic lows and your re-election campaign was prematurely announced weeks ago then this could be the much needed booster shot.

I argue, “who cares?” Eight or nine years ago the death of Osama bin Laden may have had material impact. For nearly 10 years we have been given the boogeyman of threat, Bin Laden and his minions trying to harm us. Of course, Orwell would not have given up his government boogeyman, Emmanuel Goldstein, because he was the necessary fuel for the government machine. Bin Laden, like Goldstein, is a necessary enemy of the state; serving to distract, unit e and focus the people away from the true issues. Bush brought as bin Laden, a desperate politically troubled president has eliminated him. Reminding us how important it is not to piss off our enemies, the United States is treating Osama bin Laden’s body in “accordance with Islamic practice,” a White House official says. If this man was our enemy I assert his body be publicly hung in Times Square and treated to a ticker tape parade, unless of course, no body exists and this is a diversion.

So, the real question the next time I board an airplane is, “can I wear my shoes now?” If Bin Laden is dead I assume this means we can pull out of Afghanistan this week and bring our troops home since we spent billions of dollars chasing this idiot through caves, not unlike Bill Murray and the “Caddyshack” gopher. Sadly, the media was quick to report ramped up security efforts, more scanning, and began fear-mongering possible Al Qaeda retaliation attacks. Give me a break, Goldstein (I mean bin Laden) is dead and now the threat level is pushed to imminent. I expect more money will have to be spent to assure Al Qaeda terrorism is minimized. I expect much focus on the White House this week, defining our President as a world-wide hero who saved humanity from an evil man, with the media acting like teen-age girls at a “Teen Beat” cover shoot. Osama bin Laden is dead; can I wear my shoes now?

May 25, 2011 by admin Civil Rights Freedom Muslim Obama Stupid People Terrorists

Land of the Free

Land of the Free (4/27/2011)

Our national anthem brings pride unto ourselves when we quote the famous lines, “O’er the land of the free and the home of the brave.” Sadly, since that fateful night at Fort McHenry I would offer the founding fathers fight against royal tyranny for liberty and our forefathers shedding blood for future generations has been usurped by complacency. Examples abound in our current society of both the loss of freedom and lack of bravery.

A December 4, 2006 column in the Russian paper, Pravda, makes reference to “A record 7 million people – or one in every 32 American adults – were behind bars, on probation or on parole by the end of last year’, and when these figures are added to the estimated 1 million prisoners of war held by the United States, all around the World, the once great American Nation has now become the greatest jailer of human beings the World has ever known.” Laws such as “Three Strikes” have increased our incarceration rate for even the pettiest of crimes. Even the truly law-abiding are not free. Consider random traffic stops to check your license and insurance, TSA airport searches, security screenings to enter a public event, and proof of identity requirements for job applications and opening bank accounts. Exacerbating the situation is claims these freedoms are taken in the name of liberty.

Ironically, even bravery has been eroded out of fear of consequences. Questioning TSA regarding the 4th amendment and basis for searching six-year olds will prevent you from flying. Publicly videotaping law enforcement creates a fast path to court with criminal charges. My favorite example occurred two weeks ago: Juror 799, an Asian woman in her 20s, when asked to name three people she least admired on her juror questionnaire, wrote: “African-Americans, Hispanics and Haitians.” In the land for the free and home of the brave the woman was sentenced to indefinite jury duty by Federal Judge Nicholas Garaufis – a unilateral decision with no crime committed.

I challenge you to listen carefully to political demagoguery and proposals to “make you safer.” Blood was shed September 3, 1814 to capture freedom and liberty for future generations whilst Francis Scott Key watched the fight and immortalized his feelings. Sadly, our former enemies in Russia watch our freedoms erode and write about it, but the timidity bred into our generations of children makes them blind to the blood given for their liberty and they will not stand bravely for themselves.

April 27, 2011 by admin Big Government Civil Rights Freedom Stupid People Terrorists

Homework

My daughter’s homework recently piqued my interest while she was studying for an exam. Currently, she’s taking an American Government class; learning about types of government like authoritarian, dictatorship, oligarchy, and democracy. During our studying though we came to a handout that forced me to question today’s teaching as it focused on explaining the role of government. It is this question that divides left and right, Democrat and Republican. Personally I have a strong libertarian view which believes in a very limited role of government.

Reviewing her handout I learned there are seven roles taught to today’s students: defense, taxation, judiciary, education, health care, transportation, and economy. I wondered how many Thomas Jefferson would include on the list and speculated three: defense, taxation, and judicial review. Seeking a more definitive answer I found only defense and judicial protection receive consensus and without taxation the rest of the list cannot exist. Sadly, I think our country has reached a crossroads in development: we can have freedom and independence to control our lives with no government involvement but risk personal loss and failure, or we can mutually combine all of our earnings and share the bounty regardless of productivity to protect our entire society against any calamity that may befall us.

I believe the second option has been tried repeatedly throughout history and most recently by the idealist Karl Marx in a quest to end class struggles; recognizing the needs of the proletariat against the bourgeoisie. Modern communism expanded on the efforts of Marx’s writings with Lenin and then Stalin accelerating its spread; dictatorial regimes use communism to disguise their own human rights atrocities. Many would claim the U.S. has recently failed at the longest running experiment in capitalism and laissez faire economics allowing business to overrun the working class. However, a quick glance at American history confirms anyone, regardless of status, education, or connection can succeed to enormous wealth, unlike communist nations allow. Successes like Bill Gates, Larry Page, and Jeffrey Bezos abound and even Presidents Clinton and Obama come from the poorest of backgrounds and family struggles.

Ayn Rand concisely describes the role of government “as, the police, to protect you from criminals; the army, to protect you from foreign invaders; and the courts, to protect your property and contracts from breach or fraud by others.” I believe the role of government is to allow me freedom of choice – to succeed or fail

February 16, 2011 by admin Big Government Civil Rights sheep taxes

Welcome Back

Welcome Back
The 112th Congress began last week and last Monday night I found myself watching C-Span replaying Rep. Nancy Pelosi’s inaugural speech to the 111th Congress. In January 2008 we were on the cusp of driving over an unforeseen cliff into financial armegeddon. Therefore I wonder if Ms. Pelosi’s speech was sincere in its lofty promises regarding spending. She did manage to accomplish many of her goals including the passage of national health care. However, her single biggest failure was the blatant spending, supporting increases and propelling the national debt higher by $5.3 trillion dollars. One can easily argue it was not her fault, the financial crisis created a historic problem requiring spending unprecedented monies.

This past November Ms. Pelosi was re-elected by the constituents of the ultra-liberal California Bay Area 8th district identifying gay rights, social programs, and government intervention as the solution to America’s problems. On the other hand, also welcomed back was Rep. John Boehner, Pelosi’s outspoken critic in the House and the new House Speaker. The 112th Congress comes to Washington with great expectations to generate jobs, protect our soldiers, and provide tax relief. Influenced by the Tea Party movement Congress started its session with a historic reading of the Constitution to remind members our founding fathers had a vision for a great republic, guided by fiscal conservatism, and relief from tyranny. I applaud the efforts to require all new bills cite the Constitutional authority given to Congress to enact it. With this citation the legislature would no longer spend many nay years awaiting the judiciary’s decision to overturn unconstitutional legislation.

Sadly it appears we remain at a crossroads in American politics as even a reading of the Constitution is called pompous theater by the likes of the New York Times. Regarding the 112th’s efforts, much debate will take place regarding the “Constitutionality” of their proposed actions, and only one man knows the intent of the Constitution although many consider that intent clear. I welcome back the members of Congress and hope they will look to Jefferson’s writings to protect our future, “Our tenet ever was…that Congress had not unlimited powers to provide for the general welfare, …was never meant that they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action; consequently, that the specification of powers is a limitation of the purposes for which they may raise money.” – Thomas Jefferson, 1817.

January 16, 2011 by admin Big Government General Rant Obama taxes

Tort Reform

Tort Reform

A discussion about nationalized healthcare cannot take place without mentioning tort reform. In essence, the thought is ‘reducing litigation or damages’ will reduce costs to healthcare. Of course, we could assume that would translate to all industries. Everyone remembers the lawsuit against McDonalds for serving hot coffee, spilled by the consumer. The initial amount of damages awarded was almost $3 million… and was eventually settled out-of-court for $600,000.

Similarly, businesses face threats of lawsuits daily from falls in parking lots or stores, misuse of products, or frivolous acts. A rampant industry of “legal theft” has been created by the television and billboard lawyers fishing for clients who may have an ailment never before considered, but with marketing and awareness suddenly thousands can suffer from imaginary problems, become part of a class lawsuit, and make money. The real winner is the law firm making millions in fees and taking a significant portion of the award.

Movies like “Erin Brokovich” and the many John Grisham novels/films have reminded us of the sympathetic need for our ability to litigate. In these blockbuster films the destitute win against the big, bad corporation and remind us they are evil and must be punished. In other parts of the world citizens cannot sue for millions and must bear the cost of legal fees when initiating a lawsuit and the defendant’s costs – should they lose. Neither method is perfect and creates unintended consequences. Americans appear frivolous and greedy in seeking justice and other countries appear to favor the big company over the individual.

Unfortunately we all face other consequences of our system. Imagine driving your car down Flagler Avenue and having a bicycle run into you. Several weeks later you may find a television lawyer serving you with a lawsuit. Regardless of fault, your insurance company will pay, not even argue the case, as the lawyer pursues an endless income stream from legal extortion. Similarly, a professional license is jeopardized by frivolous complaints and legal fees; to defend proper decisions can cost tens of thousands. Imagine the numbers professionals in the financial industry accused of “losing money” during the collapse of 2008-2009. Of course, the likes of Bernie Madoff permanently tarnished the reputation of those exercising due diligence.

Regardless of fault, a system of arbitration to bypass the expense of discovery should be established, especially on an individual basis. Principles costs money and often settlement to find personal peace through dismissal is a better option, but a feeling of admission of guilt is created when no guilt is present. “I do not add ‘within the limits of the law’ because law is often but the tyrant’s will, and always so when it violates the rights of the individual.” – Thomas Jefferson

January 8, 2011 by admin Big Government sheep Stupid People

Welcome 2011 (aka 1984)

Orwell’s 1984 is an unbelievable tale imagined in 1949 focusing on government surveillance and mind control. Since 9/11 Americans have followed the Orwellian path: trading liberty for the perception of safety. Like Sheep, there is no resistance stepping into body scanners, allowing our mothers, daughters, and wives submission to hands of questionable authority, and acceptance of cameras and data mining to predict actions. Our same ruling elite, like the “Inner Party” exempts itself from the rules and regulations put upon “We the People”.

My goal is not to pontificate doom and gloom, but raise awareness and challenge the status quo. I must wonder why a NFL football dominates television ratings when our society is collapsing around us. Much of the change thrust upon us was incrementally small and came slowly after 9/11. However, I believe there has been an acceleration of lost liberties in the last two years. For example: a pilot challenging TSA’s procedures last week had his home raided by Federal Authorities under administrative rules creating a warrantless search; TSA announced further silly rules scrutinizing Thermos bottles; passengers cannot take water through security as it may explode; Wired magazine detailed government collection and scrutiny of credit card and store loyalty card data; Google through StreetView and other data mining practices announced predictive behavioral searches; municipalities are investing in license plate readers to track all traffic in their communities; you cannot enter a store or public place without CCTV recording and forever storing your image; without warrants the NSA is listening to phone and email traffic; purchase of certain over-the-counter drugs requires logging your identity in a government database although no law is broken; Attorney General Eric Holder shared in an interview with Diane Sawyer last week American citizens require surveillance to stop homegrown terror; passage of Net Neutrality was the first step toward an ID requirement to access the web; and Janet Napolitano announced Wal-mart will install televisions nationwide to broadcast the “If you See Something, Say Something” campaign encouraging us to report on others.

I do not have confidence in the government, nor do I trust the government to maintain its integrity. By the government’s admission we need to question those who exercise First Amendment Rights, have certain political bumper stickers, belong to organizations like the NRA, and criticize the United Nations. As 2011 comes upon us I challenge you to watch the weekly announcements of new government “security” programs and ask, “Why?” Big Brother is watching you. – George Orwell.

December 29, 2010 by admin Big Government Civil Rights Stupid People