Category Archives: Constitutional Rights

Starve the Beast and Watch it Eat Itself

The following piece appeared in Addicting Info by Don Hamel (link here). I took some editing liberties in my reprint. The first point is relevant, there is a big hoo-hah about whether we are a democracy or a republic (note the root words for our two party system – they’d both like to be the driving value that is considered to be ultimately American). The truth is that we are a constitutionally limited democratic republic.

This term “constitutionally limited democratic republic” means that #1 the Constitution is our founding document and authority, #2 we have a representative government – each individual citizens does not vote on each piece of legislation, so we elect people to act on our behalf, and #3 those representatives are supposed to be elected democratically – by the people for the people.

I agree with the author that the heart of our nation lies in democratic ideology. Indeed many of the current movements – Move to Amend, Occupy, Transition Towns, even many Tea Partiers are all about increasing citizen empowerment – they’re about democracy. The Citizens United ruling that granted corporate personhood is the backdoor that allows a corporation to pretend like they are also a citizen that is looking for some individual empowerment and wants to take liberties (and oh boy do they!).

I know some readers love to point out the disadvantages of having government involved in our daily lives, my question is, would you rather it be replaced with an entity just as large – or larger – but with a mission statement that clearly does not have the best interest of humans in mind. This question is especially poignant in the case of that entity providing human services. Also my question is: does their ideology make them comfortable with watching people suffer and die as a result of losing those human services if the “beast” really could be drowned in the proverbial bathtub?

My value system does not allow me to be comfortable at all with our status quo. My ideology and value system is outraged at every life taken by military force whether it is through direct targeting, “friendly fire”, or the poison that is put into the earth and slowly kills those around it. My values are insulted at every belch of toxic waste onto this beautiful planet. My conscience screams out as cyclical poverty leads to ignorant, desperate people, who hurt each other in their struggle for survival. My religious upbringing tells me to love my neighbor, feed my people, and to give and forgive. My spiritual being feels sucker punched when I see our prison industrial complex, our military industrial complex, and all of our our fear based industrial complexes. I am deeply disturbed at how our collective greed and laziness have allowed disposable gadgets to outweigh the value of the human being – depending on what socio-economic benefit can be rendered from them.

That’s why I can’t stay silent about the injustices happening to me and my fellow humans. What follows is Don Hamel’s piece; here’s what he has to say about it: Continue reading

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The Pepper Spraying Cop gets Canned – finally

Remember this guy?

He was finally fired.
His name is John Pike, the the now former Lieutenant with the UC Davis police force. His 2010 salary was listed at just over $110k and he’s been on paid leave (aka vacation) since the incident – that’s ten months (see the article here). The police Chief Annette Spicuzza “retired in April after an independent panel issued an investigative report that severely criticized her leadership of the Police Department and found fault with much of the university leadership during the crisis.”

So a ten month paid vacation and a retirement – boy, those are some serious…ly pathetic consequences for hurting the people you were tasked to protect and serve. And, those are the only two that have been made known publicly – there is a lawsuit pending now around making the identities of the other officers public.

It is difficult to determine what was so difficult to determine in this investigation. The students did disobey a police order, but they were seated with linked arms and were completely non-violent. If you see the video, not a one of the seated protesters look like they even approach 200lb – I’m quite sure they had assumed they would be arrested and removed one by one by the officers in the tradition of peaceful civil disobedience.

So many of us have nothing but our bodies to use in our fight for our values. Many of us do not believe that violence solves problems and follow in the tradition of Jesus, Gandhi, and Martin Luther King Jr. When the ideas of the minority butt up against the ideas of the powers in charge, the playing field is obviously quite slanted in favor of those already in power.

It is cowardly for those in power to use violent chemical forces in response to ideas and words. It is cowardly to hurt someone when what they want is a seat at the table to take part in a real discussion. This interaction is a microcosm of what is happening to many unarmed simple citizens of the planet that will not be a doormat for the powers that be.

Why was UC Davis so afraid of the protests? Why did they not channel the energy into a forum where folks could be heard? Why the riot gear and extreme measures. What was the threat that the students presented? Who was being protected? How many police officers across this country empathize not with the students, but with the sprayer, John Pike.

Some of the pepper spray victims are suing Pike, the university and others. I think he should have to give the paid leave money back anyway.

CEOs get to ruin companies and parachute away with millions, politicians can shoot people and get away with no questions asked, the 1% can pay someone to arrange subsidies for themselves instead of paying taxes. Where does one get beknighted or step through this looking glass of privilege? Why do the rest of us have to follow the rules or face the consequences?

Good riddance John Pike. I hope you have a conscience and it does what our justice system has not yet done.

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Why Revolt?

Sam the Eagle

What led the founders of our country to revolt? Read the Declaration of Independence. Do all the fun stuff today, swim, grill, enjoy fireworks, but read our founding document to your kids. Translate it to modern day language. Give this day more meaning than hot dogs, patriotic t shirts and fireworks. If they don’t learn the meaning from you, who will they learn it from. Compare our conditions today to the conditions the colonists endured.

Challenge your family and friends to get involved beyond fireworks, beyond voting. Call on your civic pride to be a participant in our very significant and eventful place in history. There is a lot of room on the spectrum between getting angry with the tv sitting on your couch and calling for a bloody revolution, the time is now to jump in and work for what you believe in.

Enjoy the day!

The Declaration of Independence: A Transcription


IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.


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NC Fracking – Legal by Mistake

If fracking is harmless to water, perhaps we should make coffee with the chemical concoction that is injected into the earth and serve it at the RNC, they shouldn’t object – according to them the chemicals are harmless.

Another case of “gotcha” politics has played out in the North Carolina legislature. In a late night vote that “took her by surprise”, a veteran Democratic lawmaker, Becky Carney of Charlotte, accidentally gave Republicans the vote they needed to override the Governor’s veto of fracking legislation. Even though seconds after Congresswoman Carney pushed the incorrect button, she attempted frantically to change her vote to the one of her true intention, House Speaker Thom Tillis would not recognize the legislator’s requests for recognition and a switch of the vote – something typically granted by leadership when a request is made. Tillis says he is “comfortable” with the process, according to the N&O article on the late night vote.

Continue reading

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Privatization Kills Freedom

For all of the freedom loving going on with those that celebrate private industry taking over where government is supposedly falling short, an interesting conversation is happening. A challenge to libertarian thinkers to consider in reality how much freedom private enterprise allows. The simple fact is that an adult in the workplace is at the mercy of whatever governing style is in place. The invention of labor laws, stories of clandestine and overt abuse, and modern day anecdotes from our “favorite” brand name sweatshops let us know that, yes, workers are taken advantage of when no one is minding the minder. Here is the leading argument from Let it Bleed:Libertarianism in the Workplace: Continue reading

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