constitution

Bullshit 5

This entry was posted in constitution politics war on by (updated 6661 days ago)

I think this whole “foiled bombing plot” in London is bullshit. I think that it is not coincidental that this happened just days after Joe Lieberman’s primary defeat and Tony Blair’s visit to shrub last week. The I think that this going to turn out to be like all the other losers that they have busted in the last few years, the guys in Miami a few months ago, the Tonawanda Six and Jose Padilla. Every few months they bust some losers who have no real chance of being able to defend themselves against the power of the federal government. The bush crew want to keep everyone scared. They do do this so that they can ram through their demolition of freedom. Now they want people to afraid of everyone carrying a bottle of water and an ipod or cell phone. Dave Winer points to an excellent summary of what this is all about from Ze Frank. The video is less than 2 minutes long.

I say if you’re going to be afraid forget about Al Queda and be afraid of George Bush and his crew. This is only going to get a lot worse between now and the November elections. The Republicans are terrified that they are going to lose big in the house and senate this year because they have done nothing good in power. The only way that they think they can win again is to keep the American people afraid of their own shadows. Don’t believe anything that this government says. They have proved conclusively in the past 5 years that they cannot be trusted.

update: Doc Searls has a partial transcription of the Ze Frank video

The strategy of terrorism is to use isolated acts of violence to instill fear and confusion into the population at large. A small number of people can incapacitate a society by leveraging our inability to understand risk.
London’s police deputy commissioner Paul Stevenson said that the plot was “intended to be mass murder on an unimaginable scale.” No, it is imaginable: between three and ten flights out of thousands would have resulted in the terrible loss of human life.
Bush today said this country is safer today than it was prior to 9/11. Personally, I don’t think he knows. Whether we like it or not, terrorist attacks on Americans are now part of the global reality. They will continue to happen. Many places around the globe have had to deal with a similar reality for years. India, Ireland, England, Spain, Russia, to name a few. In many cases, these societies have pulled together and not allowed isolated acts of violence to tear at their fiber. Like disease and the forces of nature, it’s a risk that we have to rationally come to terms with. The government’s responsibility is to make sure that fear and terror are not disproportionate to the reality of the situation.
Today the President said, “This nation is at war with Islamic fascists who will use any means to destroy those of us who love freedom to hurt our nation.” Generalized statements like this which instill nebulous fear without specific information are exactly in line with the goals of terrorism.

I’m just glad I don’t have to travel anywhere right now. I don’t want to fly because of fear, because I am not afraid of terrorists. The TSA and airlines have just made flying such a miserable experience that it is more hassle than it is worth.

Questions for the forth of July

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The Forth of July is coming up in couple of days. Many of you will be going to parades, parties and other events, where you may well encounter a candidate who is running for congress this year. If you do, do your best to corner them and ask the following questions and make them give you a straight answer:

1. Which is more important, the US Flag or The Bill of Rights?
2. Which is more important, preventing two men (or two women) from committing to each other or that your personal financial data is kept private?
3. Which is more important, that the president gets to do and say whatever he feels like with impunity or that he stand up for what the constitution say in its entirety?
4. Should the Unites States be allowed to abduct, torture, and kill people or should we uphold the treaties to which we are signatories and the United States Constitution?
5. Is the United States a Christian Fascist theocracy or a representative democracy?

If they answer the former to any of these questions, tell them to go back and read the constitution and the bill of rights, the one they swear an oath to uphold and defend.

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

Then tell them to do their job, and vote to impeach George Bush and Richard Cheney because they are both domestic enemies of the US Constitution.

Also note that although the constitution is the fundamental law of the United States to which all others are subordinate, the constitution makes no reference to the flag. Even though the flag pre-dates the constitution the writers did not see fit to protect it. Like all The flag ultimately means and guarantees nothing. That is the job of the constitution. Defend the Constitution and the laws of this land, for that is ultimately the only thing that makes it special.

Supreme court rejects Bush Kanagaroo courts

This entry was posted in constitution politics war on by (updated 6703 days ago)

The US Supreme Court today declared illegal the military commissions being run by the Bush administration at the Guantanamo Bay Prison. The white house wanted to hold military trials of some of the prisoners held there on war crimes charges. In a 5-3 decision the court ruled this illegal. Demonstrating his continued ignorance Justice Clarence Thomas wrote a strongly worded dissent in which he said

to second-guess the determination of the political branches that these conspirators must be brought to justice is both unprecedented and dangerous

Actually it is precisely the job of the supreme court to second guess the determination of the political branches and not to be a rubber stamp. Secondly, there was no determination of “the political branches” to hold these mock trials. This was a dictate from the white house and congress never approved it. In fact congress declined to approve the trials. Maybe Thomas should read Anthony Kennedy’s majority opinion where he wrote

Concentration of power (in the executive branch) puts personal liberty in peril of arbitrary action by officials, an incursion the Constitution’s three-part system is designed to avoid.

Kennedy is exactly right on this point and it is well past time for both court and congress to stand up to this would be dictator and do their job.

Update: From Americablog I saw this link to the ScotusBlog. The actual decision is really huge. In the decision the court stated that the Geneva Conventions of prisoners of war do apply to these prisoners! This essentially means that most of the tactics being used by the Bush administration are illegal and in fact are War Crimes! Time to bring on the articles of impeachment!

Government protecting us from losers!

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You know those seven “Home-Grown Terrorists” that Alberto Gonzales made such a big deal about busting in Miami last week? The seven guys who apparently wanted to attack the Sears Tower in Chicago? Well it turns out these guys were at worst some small time criminals. They had never actually had any contact with any other known terrorist groups. They had no weapons of any kind. They were trying to get some “soldier boots”, but there were no guns and bombs. Oh and one more thing

None was known to be an adherent of a militant Islamic faction, nor even of the Muslim faith. Relatives described some as religious, but drawn together to study the Bible, not the Koran.

Why would anyone actually pay any attention to anything coming from any member of the Bush administration? They have zero credibility. This is just another one of those scams like all the Orange alerts before the 2004 election. They were just trying to distract attention from the debate, about pulling the troops out of Iraq and the fact that the feds are also scouring our bank records. They are breaking laws and violating the 4th amendment all over the place and every time they get called on it they pull out some bogus sting operation or some other false crisis to distract us.

Bush may allow wiretapping review: Specter

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So Arlen Specter says that the White House may allow a federal court to look at it’s secret surveillance program? Excuse me, but since when does the executive branch get to dictate what the judicial and legislative branches do? it shouldn’t matter if the Bush likes it or not, both the congress and the judiciary have every right to determine if he is breaking the law and deal with that appropriately. There is no need for the other branches of government to bow to his highness ever!. It doesn’t matter if we are in wartime (and that is a dubious assertion at best), no president is ever allowed to break the law just be feels like it. The oath of office requires him to uphold the constitution and that means letting the other two branches of government to do their duties as well.

Mr. Specter, please either grow some balls and do your job or get out of the way so someone else can. And the same goes for the other 434 members of congress. You all ready to remove an actual properly elected president from office for lying about a blow-job why aren’t willing to do the same to one who has consistently lied to the American public about the reasons for sending 2500 Americans and tens of thousands of Iraqis to their deaths.

An Inconvenient Truth

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We went to see Al Gore’s global warming movie yesterday, An Inconvenient Truth. The movie was great and really laid out all evidence of global heating. Although I have seen and heard much of this evidence before, seeing it in one place really brings it home. One thing that concerned me going in was that the whole tone was going to be depressing and leave me feeling hopeless. On the contrary the final part of the presentation was a retelling of some of the amazing achievements of humanity to demonstrate what we can do. The point was that we have the capability to change our ways and maybe reverse this process. We just need the will to do it. The whole tone was one of hope rather than despair. Everyone should see this film. It is not perfect but it is very good. As I have said before, the earth will carry on. Species will go extinct and homo sapiens are one of them. Species have always gone extinct in the past and new ones have evolved to take their place. This has happened many times through the history of the planet. The big question is can be maintain the earth’s climate and ecosystems so that we can extend our time here? I believe we can but we need to work at it and change our behavior now.

One of the trailers we saw before the film was for a new documentary called The U.S. VS John Lennon. I hadn’t heard of this one before but it looks very interesting. It tells the story of the Nixon administration’s battle to have John Lennon deported because of his anti-war activities. It’s such a shame that we don’t we have a John Lennon among us today. Instead we are stuck with the likes of Bill O’Rielly and Anne Coulter. On the other hand, we do have this amazing communications medium of the internet. We have the capacity for millions of us to make our voices heard through blogs, podcasts, music, films and many other mediums. The thing we need to remember is that even in a democracy being in power is a corrupting influence. It has happened to people on all sides of the political spectrum, although corruption seems to bring out a particularly nasty streak in politicians on the right. This film appears to document the lengths that an administration went to silence one outspoken musician. It is a very important story to see in this time of NSA spying on Americans, people being locked up without charges or access to a lawyer, people being picked up from streets of foreign countries and transported to secret prisons for torture and other atrocities. Don’t forget that just because, or maybe especially if they keep bringing up God in their speeches it doesn’t mean that a politician should be trusted to protect your freedoms.

The one thing that makes the United States special is our constitution. Defend the constitution, without that you have no real freedom, and without that security really means nothing.

pledge of allegience

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We went to the 5th grade awards ceremony at Max’s school the other day and they did the pledge of allegiance. This revived a thought I had previously and got me thinking again. A flag is just a banner, a piece of fabric ( or metal, paper whatever) that represents some place, country, team whatever. It has no meaning in and of itself. The US flag is just a banner with 13 stripes representing the original 13 states and a field of stars representing each of the current states. It is a graphical representation and nothing more. If you burn one or where it on your lapel or fly it from a pole it makes no real difference. Nothing changes except for getting a bunch of poseur patriots riled up. A flag doesn’t stop oppression, it doesn’t protect freedom, it doesn’t keep you safe. So why on earth would anyone pledge allegiance to a banner? If someone burns a flag does it affect you? And I’m not even going to get into the whole “Under God” issue. Just keep in mind that the supreme court punted on this whole issue. They did not even rule on whether that line is legal. They overturned the lower court on the grounds that the guy who filed the suit did not have standing to bring the suit.

On the other hand, we have a constitution. The US Constitution is the fundamental law of the United States. It defines the structure of the federal government it’s powers, responsibilities and limits. All other laws passed by the government must conform to the limits set forth in the constitution. If a law does something that is prohibited by the constitution it can and should be struck down by the supreme court. The constitution protects the people of the United States from oppression by the government. It ensures that people in this country cannot be arbitrarily searched or detained at the whim of the government. It protects us from being required to practice any specific religion. The constitution provides a means for dealing with president’s who ignore the laws of the land and who act against the best interests of the nation.

The constitution is what made the United States special in the first place. Without that document, there would be foundation for the nation that has achieved so much and garnered so much respect around the worlds over the last two centuries. We all need to respect and defend the fundamental principles that made America great. No one should be pledging allegiance to a banner. Children should be taught the bill of rights and pledge allegiance to the constitution.

pledge allegiance to the constitution not the flag

The constitution continues to recede

This entry was posted in constitution impeachment politics on by (updated 6732 days ago)

The first amendment to the United States constitution reads:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Nowhere in there does it say anything about “unless the people work for the government”. Well today another big chunk was chipped away from the bill of rights by the conservative majority on Supreme Court including new shrub appointees Alito and Roberts. In a case involving a Los Angeles prosecutor attempting to expose a lie by a witness the court ruled that

The Supreme Court on Tuesday restricted the free-speech rights of the nation’s 21 million public employees, ruling that the 1st Amendment does not protect them from being punished for complaining to their managers about possible wrongdoing.

Although government employees have the same rights as other citizens to speak out on controversies of the day, they do not have the right to speak freely inside their offices on matters related to “their official duties,” the high court said in a 5-4 decision.

Why the hell should government employees not be allowed to speak freely on matters relating to their official duties. This implies that soldiers for example would not be allowed to speak out about orders that were illegal. This is something that has clearly been deemed a soldiers responsibility by multiple war crimes courts since World War 2. If someone sees the law being broken as part of their official duties they plainly have a responsibility to the people of the United States to speak out and do something about it. The court is absolutely wrong on this decision.

The Bush administration and the Republican party have total contempt for the Constitution and the Bill of rights. The Presidential oath of office states

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

and the congressional oath of office is

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God

Please read both of those oaths carefully. Nowhere in either one does it say anything about defending American people, property, or corporations. The one and only thing the President and Congress are charged with defending and protecting is the Constitution of the United States. Also

The Constitution specifies in Article VI, clause 3:

“The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.”

However, the man residing in the White House today and his cronies in the administration and the congressional leadership have consistently done nothing but undermine the constitution. They have passed and renewed the Patriot Act, they have waged an illegal war in Iraq, they have incarcerated people without legal representation, or charges for indefinite periods, and the president has repeatedly issued signing statements that he will ignore laws passed by congress. This president, and vice-president need to be impeached and all the republicans in congress need to be thrown out on their asses.

The Bill of Rights: As Revised By George W. Bush

Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the “Bill of Rights.”

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

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

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

Memorial Day

This entry was posted in constitution politics on by (updated 6732 days ago)

Monday is Memorial Day in the United States. It is a day when people are supposed to take time to honor those who have fought and died to defend America. What did they fight for? Do defend American freedom and the United States Constitution. The Constitution includes 27 amendments, the first 10 of which are known as the Bill of Rights. These include the rights to freedom of speech, protection from unreasonable search and seizure, equal protection under the law, a speedy trial, and others. What better way to honor those who gave their lives to protect these rights, than to continue fighting to protect these rights today. We all need to defend those rights against anyone who tries to take them away. Today the biggest threat to our freedoms does not come from outside our borders. It comes from within. In Franklin Roosevelt’s first inaugural address he said:

let me assert my firm belief that the only thing we have to fear is fear itself—nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance.

Fear is the weapon of choice of our own government today. They continue to bring up vague threats of terrorism as an excuse to subvert the rights enshrined in the US Constitution. By making people afraid, they make them willing to give up freedom in the name of security. But what use is security without freedom? The protection of freedom must come first and foremost weather the threat comes from some islamic fascists in the middle east, christian fascists in Alabama and Texas or robber barons on Wall Street. We all have limited life spans and will inevitably die eventually. We need to live in the here and now and having freedom is a big part of that. Don’t dwell on avoiding death, because sooner or later it will catch up with you either via natural causes or other wise. Have the best life we can today and protect our rights.

Honor America’s war dead by defending what they died for. Communicate with others about the need to protect our rights. Contact your congressional representatives and tell them that protecting freedom must come first and foremost. Tell them to impeach any president that actively works to subvert the constitution. And go out and work against politicians that support the subversion of the constitution.