Showing posts with label Government. Show all posts
Showing posts with label Government. Show all posts

Friday, July 04, 2008

The Declaration of Independence

Source: Our Founders, linked from Indiana University School of Law

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 [George III] 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 harass 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 and 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 British 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 the 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.

Wednesday, March 05, 2008

Better to ask Forgiveness...

National Security letters are interesting things. They don't have the force of law, but to most Americans, seeing a formal letter with the FBI's letterhead on it is little less than a subpoena, creating the perception that the target of the letter is not entitled to a hearing to contest it. These letters were used to get private information of countless American people during the Bush administration. One person who refused was charged - I've posted about it before, and I encourage y'all to look up Doe v. Ashcroft, but basically, the Court said "can't do it. We are troubled by the concept of the Executive Branch using its plenary power to determine what information is relevant. That's what Courts and warrants are for." You know, oversight.

Anyway, the legal field knew that this was wrong, and most people understood that it was wrong from 1st and 4th amendment perspectives. But, it's only until recently that the FBI has started admitting "yeah, what we did was inappropriate." While I'm glad they're coming clean, it's sort of like saying "sorry" to the guy who just caught you in bed with his wife. The damage is done, and it can't be undone. Though it will be quietly pushed aside, not unlike this story which was only on the headline page at Yahoo for an hour or so.

Perhaps this release was given to help garner support for retroactive immunity to the telecoms who turned over the information under threat from the government. But, if that's the case, then doesn't this open the door for litigation against the government by those whose files were inappropriately received? Shouldn't it?

Friday, November 23, 2007

We Have Company

I've long supported the concept of separation of church and state. Many of my friends feel the same way. And, ultimately, many Americans feel the same way.

When you look at politics from the pulpit, you see that a majority (62%) of Americans don't want to be told who to vote for, or to have political speeches given from their religious leaders, which makes sense to me. Of course, I don't like the idea of anyone telling me who to vote for, so it would make sense to me to keep church separate from politics here to me.

Interestingly, in the article linked above, it shows that 29% of pollsters said they were less likely to vote for Giuliani now that Pat Robertson has endorsed him, as opposed to 6% who said they were more likely to. There were only 1000 people polled, so it may not have the highest rate of veracity. But still, that is something that Giuliani's camp might want to think about.

Friday, October 26, 2007

At a Certain Point...

It stops being a "I just don't get it" thing and turns into a "What in the world are they thinking?" thing.

In what should be considered a strange series of events, Senator Vitter (R) of Louisiana added "inserted [an] earmark into the Appropriations Committee's report on a bill allocating money for the Departments of Labor, Health and Human Services and Education. Apparently, he wanted to designate the funds for a Religious Right group called the Louisiana Family Forum "to develop a plan to promote better science education." Here's the link to the article on Americans United.

While we're at it, why don't we provide several million tax dollars to a scientific group in Washington to rewrite the Bible - since there really isn't an "American" bible. I think the Founders would have wanted that. We know how important the marriage between religion and the Government was to them, after all. And, since we're all Americans, why does it make sense to read so many different versions of the Bible? King James, Revised, Revised Standard, New Revised Standard, New International, the Torah, the Koran, Etc.... It just confuses everyone. If we have one standard American Bible that we can use to promote better science education, then everyone will be able to learn and then NO child will be left behind.

How does it promote better science education by giving money to a religiously affiliated organization - other than benefiting those students who already know Creationism by giving them a test they can pass? I don't want the Government telling my children what or how (or if) to believe. That's my job as a parent.

Fortunately, the outcry was loud enough that Senator Vitter relented, but, really. Why should he have had something from which to relent in the first place? What don't the Religious Right get?

Wednesday, October 24, 2007

It's not just a Christian nation

"The number, the industry, and the morality of the Priesthood, and the devotion of the People have been manifestly increased by the total separation of the Church from the State." - James Madison

I see this as something that makes perfect sense. I don't want any one Church telling my government how it should be run to the exclusion of all others any more than I want the Government telling me how and to whom I should pray and worship. But I'm not a part of any consensus.

Instead, what we get are Governors declaring "Christian Heritage Week." Because all those Buddhist, Hindu, Muslim, Jewish, and Wiccan students all need to know how Christianity shaped America. And, as Governor Gregoire puts it: "our Goal is to bring the awareness to adults and students throughout Washington that our nation is irrefutably rooted in biblical principles."

Bull. This nation is not a theocracy. Nowhere in the Constitution does the word God or Christ appeaer. While Christianity certainly made its presence known in the time of the foundation, the country was founded as a secular nation - hence the First Amendment, and Jefferson's letter to the Baptists (which, despite the Falwell apologists, DID intend to interpret the First Amendment), and the quote by Madison above.

This was a stupid thing to do, completely unnecessary.

Wednesday, September 19, 2007

The Gay Agenda

For the past several years, I've had my opinion on homosexuality and gay marriage and whatnot. Basically, my view is if you are gay, then be gay, just don't make a big deal out of it. And if you want to get married, then go get married. Of course, my view seems to be the minority view out there.

So imagine my surprise when I read about the lastest activist decision regarding gay marriage. Apparently, the Maryland Supreme Court granted the petition and heard the plaintiff's case for the right to marry. Their conclusions were little short of an activist decision/judiciary legislation from the bench, which those on the right disdain with such ferocity.

The court actually wrote that plaintiffs "point to several Maryland precedents that, if viewed literally, appear to support the proposition that a statute receives strict scrutiny analysis under Article 46 if sex is at all a factor in determining whether certain individuals are entitled to the benefits provided by the particular legislative enactment under review." (quote was pointed out on The Debate Link article hyperlinked above - David Schraub is a brilliant undergrad) The Court then stated that reading such precedents literally is "beguiling."

Let's edit that to make it a little easier to understand. The Court says that by reading what the courts have said in the past regarding Maryland's Equal Protection Act literally, then it looks like the government would have to prove that banning gay marriage is necessary to further a compelling government interest, and that no less restrictive alternative means are available. The law is presumptively invalid. However, applying such a "literal" interpretation of what has been said before is misleading, or delusional. And therefore, it cannot be right, so it's perfectly legitimate to craft a decision WE (the Court) want to have - namely, a ban on gay marriage.

Rather than try to explain the many things that are wrong with this decision, I would point you to The Debate Link and David Schraub, who has done an outstanding job writing on the topic.

Sunday, February 18, 2007

Mardi Gras

New Orleans is back to normal. They have fixed everything. How do I know this? Because on Yahoo! this morning, I found an article bemoaning the lack of toilets for Mardi Gras. You see, people can't find toilets during the festivities, so they end up going wherever they can find a spot. This ends up being bad for the landowners on the parade routes. This problem made the top headlines for today, which must mean that everything else has been fixed up all hunky-dory like. Of course, the tourists aren't the only ones who are having trouble finding a toilet in New Orleans.

There are the residents of the Lower 9th Ward who live(d) here:
And here:


And the people who live(d) here:



And the residents of the Lafitte Projects who used to live here:


But they don't matter, because they're poor and don't bring money in to the city. So who cares where they pee?