2010 – Page 80 – Politics Plus

Constitution: Article IV

Posted by TomCat at 1:44 am Editorial, Politics

Jul 102010

We are going to over the Constitution and its Amendments line by line. When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies. The text comes from The US Constitution. It will be displayed in black, while my comments will be indented in blue. Earlier articles include:

Preamble – Article I, Section 5

Article I, Sections 6-10

Article II, Section 1

Article II, Sections 2-4

Article III

Article IV

Section 1

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

What happens in Vegas doesn’t stay in Vegas. It’s interesting to note that this section requires that marriages (Records and Proceedings) performed in one state be recognized in all others. Nowhere does this exclude LGBT marriages.

Section 2

1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

No state may deprive an individual of a federally derived right, such as a woman’s right to choose.

2: A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

Extradition between states cannot be denied when requested with probable cause.

3: No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

This is the basis for the Dred Scott decision. As hateful as it was, the decision did follow the Constitution. Slaves were property. This was the clear intent of our founding fathers. Therefore originalists must support a return to slavery to remain consistent with that paradigm.

Section 3

1: New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The sane people in Texas are out of luck.

2: The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Territories not belonging to any state are federally ruled.

Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Republicans may not use domestic violence as an excuse to declare martial law within the states they control.

Even in this comparatively sparse article, we find two jewels, one important to the LGBT community and one debunking the main Republican position on the Constitution, originalism.

I shall try to put up a new article in this series almost every day. It will take some time to cover it all, but when we’re done, we shall be immune to the lies with which Republicans seek to undermine our freedoms.

Open Thread – 7/10/2010

Posted by TomCat at 1:43 am Open Thread, Personal

Jul 102010

For the last two days I’ve been wilted, but last night the exhaustion overcame the heat long enough for me to sleep a couple hours, even though this apartment is still 97° Thursday I kept up with comments and returned visits. Yesterday I did neither. Today I hope to at least catch up replying to comments.

Jig Zone Puzzles:

Yesterday’s took me 4:07. To do it, click here.

Today’s took me 6:46. To do it, click here. How did you do.

Fantasy Football:

To join our fantasy football league, click here.

Short Takes:

From TPM: There are no shortage of conservatives in Louisiana who’d like to retire David Vitter. But late this afternoon, one prominent Republican decided to make a go of it, entering the race at the last possible moment to take on the scandal-plagued senator in the GOP primary this August.

Maybe Diaper Dave will have to pay for hookers of his own to powder his butt now.

From Common Dreams: Scores of people were arrested in Oakland, California Thursday night in protests over the verdict in the Oscar Grant shooting. Grant was the unarmed 22-year-old African-American man who was shot dead by Johannes Mehserle, a white transit officer, on an Oakland train platform on New Year’s Day, 2009. A jury in Los Angeles convicted Merserle of involuntary manslaughter but he was acquitted on the more serious charges of second-degree murder and voluntary manslaughter.

If Grant had been white, it would have been Murder. I saw the videos.

Cartoon: from Cagle.com

Stay cool!

Heat Wave

Posted by TomCat at 4:16 am Blog News, Personal

Jul 092010

I apologize that do to the extreme heat here, I have been unable to do the research needed to post today. Even at 4:15 AM, the temperature in my apartment is still 94°, and I am heat exhausted. Today will not be quite as hot, si I hope to be back to normal tomorrow.

Constitution: Article III

Posted by TomCat at 4:38 am Editorial, Politics

Jul 082010

Preamble – Article I, Section 5

Article I, Sections 6-10

Article II, Section 1

Article II, Sections 2-4

Article III

Section 1

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Note how vague the authors left the underpinnings of our judiciary system. The lack of definition indicates that they intended the judiciary to be flexible enough to adjust to changing conditions, contrary to the Republicans’ strict construction argument.

Section 2

1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;–between a State and Citizens of another State; –between Citizens of different States, –between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Thus the judiciary role is to is to resolve all legal conflicts, both criminal and civil. Nowhere is there a provision for biding arbitration.

2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

This is the authority under which the the Court intervened in the 2000 election with the infamous Bush v. Gore decision.

3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3

1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

Treason is the only crime the Constitution specifically defines.

2: The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

This means that the descends of an adjudged traitor may not be punished nor may their property be confiscated for the original crime.

It is especially interesting to note that the Constitution does not specifically authorize the Supreme Court to decide the constitutionality of laws. The Court conferred that power upon themselves in Marbury v Madison.

The Slippery Slope Slid Right

Posted by TomCat at 4:37 am Politics

Jul 082010

For some time I have been claiming that the Democratic Party is further to the right today than was the Republican Party in the 1960s. Cenk Uygur, filling in for Dylan Ratigan, illustrated my position beautifully.

Visit msnbc.com for breaking news, world news, and news about the economy

Many of my progressive friends feel frustrated with my continued support for the Democratic Party, given the above. However, today’s political reality is that third party support on a national level frustrates progressive goals. The deck is stacked against third parties. Even the great Teddy Roosevelt could not win as a Bull Moose. For now, the Democratic party remains the better choice, while national third party support only facilitates Republican power.

I want to throw my support behind a new party, a party to the left of the Democrats. But the time to do that is after the demise of the Republican Party, and that is my goal. To be successful, a progressive party must be one of the two main parties.

GOP Follies – 7/8/2010

Posted by TomCat at 4:36 am Politics

Jul 082010

It’s a challenge just to keep up with with the flood of misanthropic behavior by leaders and supporters of the Republican party. Here are three of the low points.

Yesterday, Louisiana Gov. Bobby Jindal (R) signed a bill into law that will allow people to bring concealed weapons into houses of worship. The Times-Picayune reports on the bill:

[State Rep. Henry] Burns’ bill would authorize persons who qualified to carry concealed weapons having passed the training and background checks to bring them to churches, mosques, synagogues or other houses of worship as part of a security force.

The pastor or head of the religious institution must announce verbally or in weekly newsletters or bulletins that there will be individuals armed on the property as members of he security force. Those chosen have to undergo eight hours of tactical training each year. […]

The bill also allows a house of worship to hire off-duty police or security guards to protect congregants.

Burns said that he proposed the bill so that religious institutions in “declining neighborhoods” can have extra protection against crime. “I was born and raised with Mayberry, riding my bicycle any time of the day or night,” said Burns. “But we live in different times.” To be clear, however, houses of worship can authorize any person to receive a concealed handgun permit after eight hours of training — whether or not the purpose is to help them fight crime.

Last year, Ken Pagano, pastor of the New Bethel Church in Louisville, KY, invited his congregation to bring their firearms to church. “God and guns were part of the foundation of this country,” said Pagano, adding, “I don’t see any contradiction in this… [emphasis original]

Inserted from <Think Progress>

Dang! I’d hate to be a member of the choir. Sing off key and BANG!! 🙁

Seriously, I could not worship in an environment where guns are the instrument of God’s love. This must come from the gospel of GOP Supply-side Jesus, nit the real one.

Hawaii’s governor, Republican Linda Lingle, has vetoed a civil unions bill that was passed by the state legislature in April. Her reasoning was interesting:

Lingle said voters should decide the fate of civil unions, not politicians.

"The subject of this legislation has touched the hearts and minds of our citizens as no other social issue of our day," she said. "It would be a mistake to allow a decision of this magnitude to be made by one individual or a small group of elected officials."

Wait, isn’t that how representative democracy works?…

Inserted from <PFAW>

Her stated reason is a lie. Were it true, she would have vetoed everything the legislature passed. The real reason, of course, is that as a GOP bigot, she has no respect for the rights of LGBT people.

Virginia "Ginni" Thomas, wife of Supreme Court Justice Clarence Thomas, as a new job, running a think tank she founded to appeal to Tea Party supporters. Liberty Central, according to Kenneth P. Vogel, writing in Politico, "appears to be positioning itself as a hybrid think tank/advocacy group/campaign arm for the tea party movement."

Thomas herself explained it this way to Human Events magazine, Vogel reports:

“I’m getting to know the Tea Party groups and the new citizen activists,” Thomas told Human Events late last month. “What I think I can bring to the table is a connective (t)issue between the new people and the old people.”

On the Liberty Central Web site, visitors are urged to sign a "pledge to activism" [Teabaggers delinked] that states the organization’s commitment to small government, saying, in part:

In an effort to hold their government accountable to its constitutional limitations, many Americans have voiced their opposition to a “Big Government” agenda through protests and election upsets only to be blatantly ignored by many elected representatives,

Therefore, I pledge to be more informed and more active, and encourage others to do likewise, in order to maximize my impact and influence in preserving, protecting and promoting liberty, freedom, and limited Constitutional government in America.

Call it the Great Convergence, this coming together of old-guard groups and extremists under the Tea Party brand — something perhaps that only someone very close to a major power center in the U.S. government could pull off. Unlike grass-roots Tea Party organizations that struggle for donations, Thomas got off to a quick start last year with two large donations, according to Politico — one for $50,000 and another for $500,000 — whose source the group declines to disclose… [emphasis added]

Inserted from <Alternet>

I see this as a major conflict of interest. While I fully support Mrs. Thomas’ right to espouse whatever warped views she chooses, her position as the wife of an Injustice [sp. intentional] on SCOTUS gives the reception of large contributions, especially from unnamed donors, the appearance of impropriety. Fortunately, people far more influential than I agree.

Visit msnbc.com for breaking news, world news, and news about the economy

It may be completely innocent. That $500,000 donation may be nothing more than a thank you from the Coca-Cola company for all the publicity they received, when Clarence Thomas put a pubic hair on Anita Hill’s Coke. But unless we know, Thomas has no business judging cases.

Open Thread – 7/8/2010

Posted by TomCat at 4:33 am Open Thread, Personal

Jul 082010

Yesterday was a scorcher. Today will be hotter. In had not seen the guys in the therapy group I co-facilitate in three weeks, due to the group’s move to a new therapy business. It was great to see them again. I knew the new therapist before, but this is the first time I’ve seen him in a group setting. I was most impressed and feel confident that this is an excellent venue for me to help others learn to stay free as productive members the community. I did not even reply to comments due to the intense heat. Today is up in the air. I feel quite wilted. As I write this at 2:40 AM, it’s 68° outside, but it’s 89° in the breezeway, my only source of fresh air, and 96° in my apartment.

Jig Zone Puzzle:

Today it took me 5:08. To do it, click here. How did you do?

Fantasy Football:

To join our fantasy football league, click here.

Short Takes:

From NY Times: Just days after the F.B.I.’s sensational dismantling of a Russian spy ring, the American and Russian authorities on Wednesday were negotiating an exchange of some or all of the 10 accused agents for prisoners held in Russia, including a scientist convicted of spying for the United States.

I commented on Tim’s Blog a few days ago that we’d be trading their spies for our spies.

From TPM: Facing reporters for the first time in weeks on Wednesday, Sen. David Vitter (R-LA) denied a key element in the controversy surrounding a former legislative aide who remained on Vitter’s staff after pleading guilty to attacking his girlfriend with a knife in 2008. But records reviewed by TPM show clearly that Vitter’s claim is false.

The fool lied that his aide was not in charge of women’s issues. Diaper Dave should know that dozens of sites carry his own published contacts list.

From Common Dreams: Israel’s Army Radio reported on Wednesday that the United States has sent Israel a secret document committing to nuclear cooperation between the two countries.

According to Army Radio, the U.S. has reportedly pledged to sell Israel materials used to produce electricity, as well as nuclear technology and other supplies, despite the fact that Israel is not a signatory of the Nuclear Non-Proliferation Treaty.

Because the NPT was ratified in the Senate, it of part of US law. The Constitution requires that we observe its terms. The treaty forbids nuclear assistance to any nation hat has not signed or is not in compliance with it.

Cartoon: from Cagle.com

Are toy surviving the heat better than I?

Constitution: Article II, Sections 2 – 4

Posted by TomCat at 2:47 am Editorial, Politics

Jul 072010

Preamble – Article I, Section 5

Article I, Sections 6-10

Article II, Section 1

Article II (Cont’d)

Section 2

1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

This established Presidential control over most executive branch functions.

2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Congress did invest most inferior appointments with the President or his designee.

3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

This is the authority for Bush’s infamous recess appointments. Never before has this power been so overused and abused.

Section 3

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

The standard executive powers.

Section 4

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Examples of High Crimes and Misdemeanors include such offenses as violating treaties forbidding torture, perjuring himself before Congress, and undermining the very Constitution Bush falsely swore to uphold.

Note that nowhere in Article II does the Constitution grant the President any of the extraordinary powers Bush claimed under the Republican ‘Unitary Executive’ theory.

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