Posts Tagged ‘constitution’

Sometimes Journalists are Morons

December 22nd, 2009
by Jack

Ever feel like you agree with someone on principle but get angry when you realize their an idiot. I was reading an article by David Rivkin and Lee Casey of the Wall Street Journal and just about blew my top off. I agree with what their saying but they kind of missed history class.

From the Wall Street Journal

For nearly a hundred years, federal power has expanded at the expense of the states—to a point where the even the wages and hours of state employees are subject to federal control. Basic health and safety regulations that were long exercised by states under their “police power” are now dominated by Washington.

The courts have similarly distorted the Constitution by inventing new constitutional rights and failing to limit governmental power as provided for in the document. The aggrandizement of judicial power has been a particularly vexing challenge, since it is inherently incapable of correction through the normal political channels.

There is a way to deter further constitutional mischief from Congress and the federal courts, and restore some semblance of the proper federal-state balance. That is to give to states—and through them the people—a greater role in the constitutional amendment process.

The idea is simple, and is already being mooted in conservative legal circles. Today, only Congress can propose constitutional amendments—and Congress of course has little interest in proposing limits on its own power. Since the mid-19th century, no amendment has actually limited federal authority.

But what if a number of states, acting together, also could propose amendments? That has the potential to reinvigorate the states as a check on federal power. It could also return states to a more central policy-making role.

The Framers would have approved the idea of giving states a more direct role in the amendment process. They fully expected that the possibility of amendments originating with the states would deter federal aggrandizement, and provided in Article V that Congress must call a convention to consider amendments anytime two-thirds of the state legislatures demand it. As Alexander Hamilton wrote in The Federalist Papers of this process: “[W]e may safely rely on the disposition of the state legislatures to erect barriers against the encroachments of the national authority.”

What the Framers did not anticipate, however, was the profound reaction to their own “runaway” convention in 1787. By junking the Articles of Confederation in favor of a new Constitution, they gave us strong and stable government. They also showed exactly what constitutional conventions can do. As a result, no similar body has ever been assembled, and even suggesting a new convention can freeze the marrow in constitutional lawyers.

Hmmm…. the ability of the states to directly make amendments. Where have I heard that before. Oh. Wait! It’s called the Senate! Well, the old senate. Maybe if they read the constitution they would have noticed that in 1913 the seventeenth amendment was  ratified making the senate directly voted in by the people. Before this legislation Senators were elected by the State Legislatures. Which is why we have a bicameral congress, one part is elected directly by the people and the other is by the state government (which is elected directly by the people). It was this awesome nifty thing that allowed the states to make sure one state’s population couldn’t control another state through the Federal government. The State would be able to appoint people that would ensure that the states stayed powerful and the federal government wouldn’t slowing but surely make them obsolete.

So!? Why not just redact the 17th amendment? We did it to prohibition and that turned out well for us! I mean it is stupid to have two houses in congress that are elected to do the same job by the same people. It’s like having two carpenters build 2 different chairs, argue about the best design of a chair, then compromise and build a third chair and then charge you for three chairs; but you get one.

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David Letterman Goes To Jail

October 11th, 2009
by Jack

Is what you would be reading if David Letterman was a member of the United States military.  That’s right! For David Letterman this whole ordeal (while raising his ratings) has been just a little embarrassing for him, no biggie. However, in the military such acts are criminal.

But, David Letterman didn’t commit adultery; he isn’t married?

According to the Uniform Code of Military Justice Article 134 – Adultery – he did commit adultery because he had sexual relations with someone who was married.  Is this fair?  No.  The penalty for adultery is Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.  You go to JAIL!

While I do not condone adultery (or marriage for that matter).   It’s my opinion that the government has no right to dictate or criminalize unmoral acts.  By doing so I think that the government is violating our first amendment right of free expression, and religion.  Free expression because sexual intercourse in it self is an expression of intense feeling, love, or lust.  Free religion because marriage is a bond between two people and God; or whatever god you believe in or don’t.

If David Letterman was arrested their would be a huge outcry for his release.  So why are military service members treated as second class citizens?  No where in America is adultery a criminal act for a civilian.  So what we have is a set of laws for civilians and a set of laws for the military.  Except the laws for the military are in no way similar to the laws for civilians.  In it self this is wrong but more over it goes against the constitution itself.

The thing that bothers me the most is that the constitution and the bill of rights are our highest laws.  So how can the UCMJ violate the constitution?  I’ve heard officers and NCOs try and say that when you join the military you give up some of your rights.  WHA!?  It was my understanding that you cannot give up your fundamental human rights.  When I swore to protect the constitution I never realized I was apparently giving away my constitutional rights, and putting myself under a crappier version of our laws.

I wasn’t stupid.  I did know of the UCMJ; but at the time it didn’t bother me because I wasn’t going to commit adultery or some of the other insane crimes that are part of the UCMJ.  After spending eight years in the military I’ve heard some pretty messed up things.

Let me tell you a story.   I’m going to change the names of everyone involved.

So Private Joe Snuffy, a 21 year old brand new soldier in the United States Army just got out of basic, his job school and is reporting to his first duty station.  He arrives finding out that his unit is currently training in the field and will be back in three weeks.  So he’s new to the area so he goes to a local club.  He meets a older woman named Beth who is treating him really nice; buying him drinks and taking him to other clubs.   For the next two weeks they spend a lot of time together; some of it in hotel rooms.

Well his unit comes back and every time the men come back from the field the unit has a unit party where all family members are invited.  Pvt. Snuffy gets to meet his new 1st Sergeant.  The 1st Sergeant introduces Pvt. Snuffy to his wife.   Unfortunately, Pvt. Snuffy already knows the 1st Sergeants wife.  It’s Beth!

Pvt. Snuffy feels so confused he tells his squad leader what’s up.  He tells him he has been having sex with the first sergeant’s wife for 2 weeks now, and he didn’t know she was married.  She never wore a ring, and they never talked about work.  She said she was single.

Pvt Snuffy’s squad leader, Sgt. Luke Skywalker tells him; “Don’t say anything, to anyone!”

Well, Pvt. Snuffy couldn’t keep his mouth shut and had to open up to the first sergeant and tell him about what’s been going on.  Word gets around the base and the military police show up.  They arrest Pvt. Snuffy for adultery.  The criminal investigators interview everyone, including Sgt. Skywalker and order them to not talk about it or to speak with Beth.

Now if Pvt. Snuffy didn’t know he was committing adultery; then he didn’t commit it!  However, Beth won’t tell the investigators that she lied about being married.

Sgt. Skywalker won’t have his new troop thrown in jail.   He goes to Beth and demands that she fess up about lying.  It’s no hair off her back, except looking like a liar.  Base security finds out that Sgt. Skywalker is at Beth’s house even though he was ordered to stay away from her.  They arrest Sgt. Skywalker for disobeying a direct order from an officer.  Now Sgt. Skywalker and Pvt. Snuffy are both in jail.

The happy ending of this story is that Beth did fess up to criminal investigators that she was lying about being single.  Pvt. Snuffy was set free.  Sgt. Skywalker received a reprimand, but the charges against him were dropped.

Does this sound like America?  It is, and it makes me sad.  If it makes you sad; write your congressman that you don’t think it’s right for service member’s to have laws that don’t exist anywhere in America applied to them.

I’ve actually been getting IP addresses from the Pentagon and Fort Meade… I hope they aren’t going to charge ME with something.  Erk!

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