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PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: anarchy

Fiddling While D.C. Burns

28 Wednesday Oct 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 2 Comments

Tags

America, anarchy, banksters, Congress, debt, decline, economy, Federal Reserve, government, IRS, law, money, President, taxes, The People, voters, Washington, Zombies

Before he goes John “Boo-Hoo” Boehner has one last trick up his sleeve. It’s just in time for Halloween too. Speaker Dearest has been working hard with his best friend, President Obama (TWO parties, remember), to raise the debt ceiling.

burning

If only. Google.

The potential treat for this season is that the government is all but broke. Without more debt it will have to shut down at least temporarily. That would be a blessing for the masses but it will not happen. The monied interests need the government operational so they can continue to loot the carcus of our economy.

Congress has money, yes. This year has seen record tax collections from both individuals and corporations – over $3 Trillion. Such a number would seem enough to finance anything. Anything except our corrupt beyond hope political and financial elites, that is. Printing more paper money is their only hope. As they have slammed into the statutory cap on borrowing once again, they must vote to raise the cap. They will.

As usual a few dissenters give the pretense of debate over the matter. It’s an act well scripted. They say they will hold up next year’s budget over the debt. They won’t. This year they have side lies to entertain the people. Funding of Planned Parenthood is another holdup. Rest assured the rats of the Potomac care no more about children than they do fiscal responsibility. All just an act in the weary play of American Decline.

Little of this makes the news. Paul Craig Roberts just, again, explained why – the U.S. media is but a puppet of the state and its owners. They report the truth in nothing. Not our wars. Not our money. The World Series, yes. Anything of substance, no.

Your favorite candidate, whomever that might be, is silent too. They’re too busy talking about themselves and each other at present. Should the debt or budget come up they will only have platitudes. Their stated plans are a continuation of the status quo. Bernie Sanders Claus is the exception. He wants to give everything away for free. That means even more debt and spending. It makes no sense. Then again, the voters are not known for reasoning ability. A guy promising goodies from the sky just might be their man. No difference.

Whoever of this latest pathetic crop gets the job will do exactly as he’s told. The Banksters and the Treasury beaurocrats must have more money to keep the smoke and mirrors economy running just a little while longer.

Faced both with imminent collapse and the prospect of angry, hungry, zombie-like idiot voters at their doors they are out of magic tricks. Spending cannot slow for even a day. The Federal Reserve cannot raise interest rates. The slightest breeze could now topple their house of cards. And, don’t laugh. You and I live in that house.

Only more debt, ridiculous spending and more of the same will prop up the system – for a while. Eventually the bell shall toll.

Were an omnipotent and benevolent being with governing super powers to directly intervene, the solution would be so simple:

Rather than making a show, boasting to impeach its chief criminal, the IRS could just be abolished. Relieved of taxation the people could keep their money. By abolishing the Fed and its monopoly on funny money, the cash the people keep would have actual value.

Starved of funding the government would really close down – for good. This would free the newly enriched free people from war, regulation, taxation, jail threats, airport strip searches, bad medicine, toilet tank size restrictions, marriage mandates, travel and trade restrictions, gun laws, labor laws, electoral cycle bullshit and a host of other horrors.

Those other people, the ravaging zombies, could be placated by feeding them the newly unemployed and utterly worthless mass of politicians, beaurocrats and central bankers. A collective burp later and all memory of the past corruption would erased.

Sunrise scene

Dawn shall come. Google.

Ah, for a quick and happy ending. No super being will show up. Things will go on. The end and the solution will not come quickly. But, come it will. Some day all the things I just hypothesised will come to pass in one way or another. Rome will burn and fall. Freedom and intelligence will return. Then, it will be happy.

The People

24 Saturday Oct 2015

Posted by perrinlovett in News and Notes

≈ 2 Comments

Tags

America, anarchy, blog, English, freedom, government, greece, Liberty, Natural Law, Paul Craig Roberts, Perrin Lovett, Rome, security, The People, The West, William Wallace, writing

Down along the left-hand side of this article and all others on my site a reader will find a list of words. Seventy-five words to be exact. These are the most popular descriptive terms or “tags” found here at the blog. I recently increased the number from 50.

You, dear reader, may have noticed some of those terms are larger, others smaller. The larger the word the more times it has appeared in my writing here. Should you click on one, all the columns featuring that term will pop up. No, these terms do not appear on the simplified mobile version of perrinlovett.me. If you’re on your phone just scroll to the very bottom of this page and click on the regular web tab.

Of the larger search terms one of the biggest is “The People.” I mention these mysterious folk on a very regular basis, especially in my legal and political works (the majority). Who, exactly, are “the people?”

Well, when I put them in a column I usually have two meanings. One is prominent, primary. The other is a bit more subtle and deployed less frequently.

The first and most common usage refers to you, my readers. You and like-minded people everywhere. This site is admittedly Amerocentric. “America” is another of the largest words on my list. I happen to live amidst the ruins of the Old Republic. Many or most of my stories concern the U.S. though “The West” is also a frequent topic. I am concerned with that heritage descended of the Romans, the Greeks and the English.

I also often conjoin “people” with “free.” These are people who live in an idyllic world of liberty, the kind still romanticized by American conservatives. Others live in otherwise unfree settings but personally choose to live free. Sometimes we call ourselves anarchists. Believe it or not, this lifestyle is easier than one would imagine.

All you have to do is live in peace, largely ignore popular culture, and beware of the authorities when necessary. Sometimes playing along and humoring the stupidity of the state goes a long way. It can also be a fun game.

I digress.

The free people live in harmony with others or at least try to. They work and mind their own business. They are folks you would want as neighbors. However, they are generally the most aggrieved victims of government aggression. They are expected to shut up, pay the taxes, obey the rules, and pull the load for society.

Great is my sympathy for free people wherever they may be. Without them the horror stories I explore here would be all too appropriate. Without them my regular references to Natural Law would have no context. They live the ideals of Western Civilization. Sometimes they stumble but they are on the right path.

The other group I sometimes delve into are of an opposite disposition. Lacking most individuality and fortitude, they go along with the herd, right or wrong. Whereas the former crowd is concerned with truth and the eternal, the latter is obsessed with the here, the now, and the easy.

Paul Craig Roberts once referred to these folks, domestically, as “the shit stupid American people.” A bit cruel perhaps but generally accurate.

They are the majority – always accepting and seeking out fair masters. The free and independent minded are a small sect indeed.

For these miserable many I express scorn or weary tolerance rather than empathic support. You can always tell the difference. I use descriptive words like “masses,” “zombies,” “fools,” “sheep” and so forth. Like Roberts’s, my labels fit if uncomfortably.

I truly bear them no ill will unless or until their pitiful, unthinking indifference affects me and mine. It is my desire, in addition to informing and entertaining you, to wake these sloths from their collectivist sleep. I wish them happy freedom.

For most freedom is a frightening idea. Along with the loss of annoying management comes the loss of perceived security. Said security is always false. But, it is, apparently, very difficult to shake off.

So, there you have it. If you have made it to this end of the article you likely belong among the true and the free. If, by odd chance you are, ashamedly, of the other variety, then join us! It is really better over here.

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W. Wallace understood the difference. Google.

A Dichotomy Of Arms

18 Sunday Oct 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 1 Comment

Tags

Amercia, anarchy, arms, army, Athens, authority, firearms, freedom, God, government, guns, history, Iraq, law, Melian Dialouge, Melos, military, murder, Natural Law, Paul, police, police state, power, Romans 13, Second Amendment, self-defense, self-preservation, state worship, The People, War

A man in Wyoming was out riding his bicycle. According to him he was attacked by a vicious German Shepherd (Belgian Malinois). Fearing for his life he shot the dog to death with his trusty revolver. It’s a story you may have missed. It only made the news because the dog in question was a former military service dog, a Bronze Star recipient, no less. I find the story interesting because it sheds light on a schism amongst the American people.

Mike was a nine year old dog who previously served two combat tours in Iraq. Upon his retirement Mike was adopted by Matthew Bessler, a retired Army Ranger. Both veterans suffered from PTSD; they provided each other with beneficial companionship.

Bessler went hunting. He left Mike in the care of a friend. Mike wandered off and encountered the cyclist – with deadly results. There, the news story ends.

The cyclist was not charged, his use of deadly force deemed by police to be justifiable self-defense. A GoFundMe page has been set up in order to provide Mike with a military burial.

A sub-controversey surrounds the fact the lethal shot hit Mike in the rear or back. I discount this factor. Attacking dogs move very fast. Shooting scenarios move fast too. A shot in the back does not, by itself, disqualify self-defense, especially concerning an animal. The old, false adage that retreat is better if possible is dangerous when one crosses a predatory animal. Withdrawal might trigger a chase or hunt instinct which could be worse than the initial confrontation. Like everyone else, I was not present and I can only go by the shooter’s account, tempered by reasoned thinking.

On the surface I find this story sad all the way around. I regret Mike’s death. I regret the cyclist felt his life was endangered to the point of resorting to shooting. I’m sorry Mike and Bessler suffered PTSD. I’m sorry their conditions were the results of the government’s inexplicable and indefensible war in Iraq. It’s terrible some think we need that government.

2D7F373900000578-3277028-image-m-6_1445086822138

Mike, another victim of the State. Daily Mail, UK.

Based on the bare facts reported by the (British) press, I support the cyclist’s account of the incident and his use of force. I can see a dog with PTSD (even if usually docile) becoming aggressive around a stranger. It happens.

I also hold Mike blameless. Even a vicious, dangerous animal is still just that, an animal. Mike was utterly blameless, too, regarding his military service and resulting illness. A human soldier with a conscious can object to illegal wars of aggression. A dog can’t.

Any blame here rests with the friend who was supposed to watch Mike. Large dogs should be leashed or fenced. Maybe there is no one to blame. Mike could have escaped a reasonable containment. Dogs do things like that. Maybe this was just a bad thing that happened – like a tornado or a freak accident.

At any rate, all of this is merely supporting background for my story. I noticed themes in the comments which accompanied the news which, upon further consideration, formed my titular dichotomy.

There were hundreds of comments which roughly divided into two camps. The first was supportive of the cyclist. They found the shooting justified. Most of these also held a pro Second Amendment bias. The other group was mortally offended at the death of a military hero, albeit a dog.

The former group fully supported the individual right of self preservation even if they found Mike’s death lamentable as I do. The latter hold the shooting of a military veteran indefensible under any circumstance.

There were a few other reactions. Some found the existence of the subject firearm the problem. I suppose some might hate bicycles or hate dogs. These opinions are outliers and safely factor out of my analysis.

Some pro-shooter comments:

Should have been on a leash.

…

Too bad for the dog but most communities have leash laws for a reason…and yes, many joggers and bicyclists are bitten by uncontrolled dogs, that’s why pepper spray is a good idea.

…

“Park County Sheriff Scott Steward said: ‘Essentially, if you feel your life is in danger or threatened by an animal, you can act against it.’ Exactly

Pro military, no matter what:

Sounds like another Democrat got there hand’s on a gun !!

…

this cyclist had no business killing this dog. Charges should be brought against him immediately.

…

I would not blame or feel bad at all and I would even back the dog owner if he wanted to take fatal retaliation against the cyclist. It is just. What the hell is wrong with people that want to kill a dog like that…This soldier has one more mission to accomplish! …huh rah!

…

I hope the shooter gets hit by a car and suffers a long painful death

These views show a division between otherwise aligned interests. Most of the folks are likely “conservative” by political philosophy, perhaps a few libertarian. “Liberals” would abhor the gun itself.

I see this as a difference of opinion between “red staters.” I suspect the majority of both sides generally support the carrying of individual arms. Both likely support justifiable self-defense. Here’s the division: the first group seems to support self-defense regardless of the aggressors status. They find a man free to act when illegally threatened. Period. I’ll call these the people “freedom lovers.” The others support self-defense unless the aggressor is a member of the hallowed legions of the state. I’ll call them “government lovers.”

The government lovers are more extreme. Not only do they want the cyclist prosecuted, they want him dead – by a “long painful death” – for a situation they did not witness. But, to them, the facts do not matter. They are more worshipers than mere lovers of the state. The government and its uniformed agents (even dog agents) must not be challenged – ever.

The worship of the state may be increasingly seen in American churches, particularly Evangelical protestant churches. Government has seemingly replaced God for many. Much of this stems from an overzealous but false interpretation of Romans 13. Paul was only speaking to legitimate state authority – authority not acting against God’s Natural Law.

The Nazis, acting under Hitler’s “legal” orders, carried out the murder of dissidents and other war crimes. Were these too God-sanctioned acts of official authority? I think not.

The statists see it otherwise – at least concerning the American government.

If American soldiers kill innocents overseas, regardless of conditions, it’s acceptable collateral damage. If the police shoot a dog it’s okay, even if the police are breaking their own laws during the shooting. The same standard applies to police shootings of innocent civilians. No matter the cause, no matter the circumstance, the government is never at fault.

In the odd event the government is at odds with one of its servants the lovers will throw the individual under the bus without thought or hesitation. The false god of the almighty state suffers NO challenge.

This highlights both a disdain for individuality and a lack of logic among the parishioners of official authority.

For those of us who value freedom over safety this dichotomy and this particular example illustrates both a dire problem and a hazardous solution for liberty. It reminds me, for some reason, of the Melian Dialogue (with a twist).

A bit of archaic history: In 416 B.C. Athens was perhaps the most powerful military force in the known ancient world. The Athenians sought to subjugate the small, peaceful island state of Melos. The Athenian navy arrived at Melos. The dialogue went something like this:

Athens: “Surrender and join us.”

Melos: “No.”

The Athenians then proceeded to exterminate the Melians and seize their island.

download

Ruins of Melos. Google.

Many in the freedom camp rightfully seek to resist the evil of the modern state. However, as to outright martial confrontation, they see no hope. Maybe they are right. The American military and police state is almost powerful beyond measure. Outright rebellion would be almost impossible.

It may though be possible to indirectly oppose state oppression. An individual might be able to resist a single agent of the state and legally get away with it. Such resistance is still fraught with gravest danger. After such an incident the individual will be faced with resentment and hatred of the government’s unthinking masses. Hatred to the point of murder in revenge.

A safer if slower strategy might be to seek out those of the opposing camp and convert them to the truth of freedom. If they can think and reason this may be possible. They can be armed without an army. They can be safe and secure absent official structure. They can act as individuals. They can regard God as God and alone the Supreme source of authority.

All of this is open for consideration. What say you?

 

Guilty: Students, Professors, and the Public Get Schooled by Big Brother

16 Wednesday Sep 2015

Posted by perrinlovett in Legal/Political Columns

≈ 1 Comment

Tags

America, Amerika, anarchy, bombs, Courts, crime, double jeopardy, drugs, due process, evidence, evil, freedom, government, injustice, Islam, justice, Justice Department, law, police, police state, prisons, probable cause, rights, schools, Sir. William Blackstone, State, statism, students, teachers, Temple University, terrorists, The People

Several years ago, when I was actively practicing law, I held a discussion with a class of highly motivated and intelligent high school students (mostly upperclassmen).  My subject matter was the economic and cultural chaos wrought by the modern police state.  To my joy the students, nearly every one of them, were not only aware of the issues I covered but were deeply concerned about the world they would soon enter as adults.  Many embraced good old-fashioned anarchy as a positive response to the daily deluge of state-imposed evil.

Another thing which struck me, and which I mentioned to the young people, was how much their public, government high school resembled a prison – both in physical appearance and in operation.  Of this too they were all to aware.

It was a nice, new, modern facility in one of the trendiest parts of town.  It was where the money went when they didn’t want the private school bills.  The halls were clean, the grounds attractive, the people were pleasant.  However, I noticed things which seemed better suited for a correctional facility than a place of education.

Back then I regularly traveled around to various prisons and jails.  Most have a familiar layout and feel.  So too did this shiny new hall of academia.  The building was made of interlaced concrete blocks, bare of ornamentation – like a prison. The rectangular halls, with classrooms on either side, were laid out in wings or pods, fanning from a central hub – like a prison.  The central hub housed the administrative office in what looked like a tall glass control tower – like a prison. Near the doors were metal detectors (not in use that day) – like a prison.  The building was patrolled by armed officers – like a prison.

I had met some of these officers, all certified in law enforcement, before in professional settings.  I tried several cases stemming from “criminal” school misconduct.  The cases usually involved drugs, alcohol, cigarettes or other earth-destroying calamities.  Every single one of them was also devoid or things like probable cause, evidence, due process, and common sense.  I beat every single case.  And, it took quite the beating to win them.

Another ancient legal protection absent from modern Amerika, especially concerning students, is the prohibition against double jeopardy.  The theory, best summarized by Sir William Blackstone in the late eighteenth century was the “universal maxim of the common law of England, that no man is to be brought into jeopardy of his life more than once for the same offence.” (Emphasis mine.)  This theory is but legend now.  Our children often face triple jeopardy over things that are not crimes in the first place.  Here’s a real world example (possibly a combination of different cases, all real):

Johnny saw the school psychologist who suggested Johnny be prescribed mind-altering psychotropic drugs for his nonexistent attention deficit (in reality Johnny was just a boy).  Johnny’s doctor prescribed the narcotics, which otherwise would be considered illegal under state and federal law.  Johnny became semi-addicted.  The drugs caused his brain to slow down.  While giving him the appearance of being calm and receptive the dope also seriously impaired his health, to include his judgment. Johnny became a zombie.

Now, under the influence of these otherwise illegal drugs, practically mandated by his school, Johnny ran afoul of the school’s idiotic policy on otherwise illegal drugs.  School regulations dictate that any and all medications prescribed to a student must be held for the student’s use in the keeping of the school nurse. Johnny so kept his medicine in the school’s care and keeping.  Remember, the drugs in question diminished Johnny’s ability to rationalize and act appropriately.

One day, under the influence of these dangerous narcotics, Johnny forgot to drop off a few of his pills with the nurse.  He kept them in his book bag.  Mind you that Johnny never had any troubles whatsoever with his teachers, his classmates, or anyone else.

Out of the blue, without warning, probable cause, or a warrant, along came the local Sheriff’s department and their trusty drug-sniffing dog.  My students told me periodic drug sweeps were common in the prison…er..school.  The dog did his unlawful job well and promptly located Johnny’s pills.  The pills he was forced to take.  The pills that impaired his ability to reason.  The pills that caused him to forget to follow the procedures of the school that forced him to take the pills. Johnny was in trouble.

Jeopardy the first: Johnny had to appear at an administrative school hearing and faced expulsion or a year at the “alternative” school – like the supermax prison of the school world. Jeopardy the second, under asinine state law, as a minor with a driver’s license, Johnny’s possession of “drugs” put his license at risk and necessitated another administrative hearing before a state officer.  Third, and worst, Johnny faced a criminal proceeding and the possibility of jail time.

Luckily, Johnny had a good attorney and beat the triple threat.  He was back in class, soon weened himself off the school dope, and became a college honors student.  Others in the system are often not that lucky.  Maybe you know one of them. Maybe you were one of them.  Others have noticed this phenomenon and written about it.

Today John W. Whitehead wrote: Public School Students Are the New Inmates in the American Police State.

From the moment a child enters one of the nation’s 98,000 public schools to the moment she graduates, she will be exposed to a steady diet of draconian zero tolerance policies that criminalize childish behavior, overreaching anti-bullying statutes that criminalize speech, school resource officers (police) tasked with disciplining and/or arresting so-called “disorderly” students, standardized testing that emphasizes rote answers over critical thinking, politically correct mindsets that teach young people to censor themselves and those around them, and extensive biometric and surveillance systems that, coupled with the rest, acclimate young people to a world in which they have no freedom of thought, speech or movement.

If your child is fortunate enough to survive his encounter with the public schools, you should count yourself fortunate.

Most students are not so lucky.

By the time the average young person in America finishes their public school education, nearly one out of every three of them will have been arrested.

Whitehead.

Whitehead notes the utterly insane militarization of the school police, who shouldn’t even exist in the first place:

In their zeal to crack down on guns and lock down the schools, these cheerleaders for police state tactics in the schools might also fail to mention the lucrative, multi-million dollar deals being cut with military contractors such as Taser International to equip these school cops with tasers, tanks, rifles and $100,000 shooting detection systems.

Indeed, the transformation of hometown police departments into extensions of the military has been mirrored in the public schools, where school police have been gifted with high-powered M16 rifles, MRAP armored vehicles, grenade launchers, and other military gear. One Texas school district even boasts its own 12-member SWAT team.

As Whitehead states, the stories of abuse are “legion.” Students are being harassed, detained, and arrested for anything and everything.  One student was recently arrested for showing off his homemade clock at school.  Specifically, he was showing the clock off to his engineering teacher, who was duly impressed. Despite the fact the clock was obviously a time keeping device and impressed the shop teacher, its owner, a 14-year-old, was handcuffed and hauled away by police.

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Child Arrested for Chronometer Possession.  BBC.

The boy in question was a known Muslim and some feared his clock was a bomb. The criminal case was dismissed after the clock was verified to be a clock not a weapon.  I imagine the boy still faces school discipline in addition to the trauma he suffered during the incident.

This story almost makes sense.  Americans today face the threat of Islamic terror, largely because their government constantly stirs the Islamic world to the point of terrorism.  The same government then trains, equips and funds the known terrorists.  Worse, the government, almost out of malicious hate for the people, then import migrants from the areas where they have fostered hate and terror.  You can see this is definitely a problem.  But, it’s a problem with the state not with an aspiring young engineer.

Your government does not care, at all.  Frequently neither does the media nor the television-numbed people themselves.  Obey those laws!  Trust the state! Arrested means guilty, period!

William L. Anderson today recounts the horror story of the arrest and unlawful prosecution by the U.S. “Justice” Department of Xiaoxing Xi, Chairman of the physics department of Temple University, on espionage charges: Paranoia and Pernicious Prosecutions: The Department of Injustice Continues its War Against the Innocent.

The once-glorious standard of American criminal law – guilty beyond a reasonable doubt – no longer exists de facto in U.S. courts, and especially in federal courts. Furthermore, federal intervention in certain legal areas – and especially when highly-politicized accusations of sexual assault are made – has made it extremely difficult for charged individuals to mount a defense, even when a charge is ludicrous on its face.

Let me further explain. Had there been a trial federal prosecutors would have presented their evidence and Dr. Xi would have had to then rebut with his evidence. However, as became painfully obvious, prosecutors had no evidence. Instead, they had “evidence” that on its face was untrue because they had the wrong material. One imagines that prosecutors and their “expert” witnesses would have given jurors a lot of scientific terminology that would have been confusing, and when jurors are confused, they usually end up siding with the prosecution, since most Americans believe that an indictment itself is “proof” of guilt.

It would have been up to Dr. Xi and his defense to prove that federal agents had presented the wrong set of blueprints. The feds would have falsely claimed that theirs was the correct set, even though by then they surely would have known they were presenting false claims. This last point is important, because it is a crime to knowingly present false information to a jury, but prosecutors never are disciplined for doing just that.

Anderson.

As Anderson notes, the feds dropped their case once it was obvious they had no evidence.  Xi pretty much lost everything – his reputation, his position, his peace of mind as an innocent American – all because of groundless charges brought without evidence.  Evidence is (or used to be) critical for a criminal case and conviction.  In my career I had similar criminal cases in federal and state courts fall apart due to a complete lack of evidence.  More on some of those in another column or two.

Many do not care about standards of evidence, due process or about the rights of people in general.  See: here, and here, and here.  That last “here” link is to a story I did about an innocent man shot by the police in Atlanta in his own home for no reason.  That narrative has played out yet again:

Fearing for their lives, California deputies opened fire on a man who was recording them with a cell phone from the garage of his home Friday, claiming they thought it was a gun.

Sacramento County sheriff’s deputies then searched the man’s home, finding no guns, before they apologized and went on their way.

Fortunately, Danny Sanchez survived the shooting, ending up with only bullet fragments in his legs, which he was having removed through surgery on Friday.

And although deputies apologized to Sanchez, they are pretty much unapologetic for their actions because, you know, officer safety.

 Carlos Miller, PINAC News.

Pitiful action by pitiful men.  Scared of a cellphone.  “Sorry we shot you.  Well, have a good day, sir!”  And the lemmings among you will still praise the deputies and chastise the victim.  “He should have obeyed the law!”  He did.  “You have to respect the police!”  No known disrespect even after they almost murdered him. Reality is doing a really poor job convincing the state-worshipers their’s is a false god.

For you, the sane, eye with distrust the machinations of government: its foreign policies; its immigration policies; all its policies; its schools; its courts; its police. All the laws and all the agents serve but the government and its owners. You and I are either obedient servants or criminal enemies of the state.

Note: This article was originally intended as two separate parts. As the subject matters – schools as prisons and more prosecutorial/police misconduct are related, I combined them, here.  This also promotes reading economy.  You’re welcome.

American Disturbia

26 Tuesday May 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ Comments Off on American Disturbia

Tags

America, anarchy, arms, Catholic Church, China, demons, evil, freedom, God, goverment, Jesus, Russia, Satan, teens, The People, War, Washington

This is the first blog post created and published entirely from my new smarty phone. Please forgive me if something goes wrong. It’s the phone’s fault…

Rumors of War:

The neocon nuts in the Central regions of Mordor have been picking a fight with Russia for years now. Bereft of the cold war they desperately want a hot war. The banks and defense contractors just aren’t making enough money in places like Iraq, Afghanistan, and Libya.

Now the fools and their tools want a war with China.  This is beyond dangerous, beyond reckless. It borders on national suicide in the name of corporate profit.  If we can’t beat “enemies” in places the size of Alabama and with half the martial capabilities, how in the hell do we battle world powers? Russia and China have nukes and the ability to use them. This can’t end well. It can’t start well either. There is no just reason for animosity with either country.

Then again, it would give the rabble an excuse to wrap themselves in the flag, go to “church,” and worship their real god – Mars.

Meanwhile:

On the home front, while their parents wave flags at church, our young people are busy trying to summon a demon.  Priests are, naturally, sounding the alarm. “I want to remind you all there is no such thing as innocently playing with demons,” said father Stephen McCarthy.

I once spoke to a Priest about this subject. The fact is, as bored as teens may be with school, with sexting, and with MTV, demons are real. When you summon the shadow world, there is no telling what might answer and it might answer.

The Bible is clear: Jesus did not deal with Casper The Friendly Ghost; He expelled Satanic monsters destined to destroy men, body and soul.

The Catechism of the Catholic Church explains that demons came about from the original original sin and the fall of Lucifer. See: CCC 391, et seq. These hateful beings want to destroy. The last thing anyone should do is foolishly invite them in. Find me a Baptist or Methodist Minister who disagrees with the Church on this point.

The dark forces of Hell are best left to the Lord, to Jesus, and Their Angels.

Let us, on Earth, concern ourselves with exorcising those demons of Washington, who threaten all mankind with the profitable, yet Satanic spectacle of world war.

1334871924_wsh5-satanic-overlay

(More related than one might think, these stories.  Google.)

This was a bit more tedious that computer publishing. It’s done though. You may thank me later.

PS: This post was modified by PC after the fact.

Political Party Time!

24 Sunday May 2015

Posted by perrinlovett in Legal/Political Columns

≈ Comments Off on Political Party Time!

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America, anarchy, bankers, Bush, CAFTA, Christian, Christie, Clinton, Congress, crime, democracy, Democrats, elections, fraud, freedom, George Washington, God, GOP, government, hate, immigrants, Israel, jobs, libertarians, Mencken, NAFTA, Obama, people, politicians, politics, power, President, Rand Paul, republic, Republicans, robots, Romney, Ron Paul, secret, Senate, stupid, trade, Washington

I hate politicians.  In Christian terms it is wrong to hate any man.  Politicians are less men than rodents.  Thus, I feel exonerated in my feelings.  Elections are exercises in stupidity and herd-think.  Presidential elections are the worst.

H. L. Mencken summed it up best: “All of the great patriots now engaged in edging and squirming their way toward the Presidency of the Republic run true to form. That is to say, they are all extremely wary, and all more or less palpable frauds. What they want, primarily, is the job; the necessary equipment of inescapable issues, immutable principles and soaring ideals can wait until it becomes more certain which way the mob will be whooping.”  Mencken, 1920.

The difference between 1920 and 2015 is that, back then, there were people pretending to be true patriots.  At some point they dropped the pretense and proceeded from a desire for pure, unadulterated power.  The mob of the American people conveniently ignore this fact.  The television is just too entertaining to disagree with.  The country sinks lower into the sewer of politics.

A political “party” sounds like a fun time until one realizes the term refers not so much to an event as to a lowest, dumbest degenerates ever assembled under the sun (in truth, like all roaches, they prefer the darkness).  Washington warned against them. Mencken ridiculed them.  The people, ever plumbing the depths of stupidity, embrace them with jealous fervor.  It’s “us” Democrats against “them” Republicans and visa versa.  Spare the sane the idiocy of it all.

America is dominated by two predominate political parties.  They are nominally referred to as conservatives and liberals.  As I see it they both liberally dispense what may be conservatively described as bullshit.  The people seem to like it.

Third parties exist, apparently to provide comic relief for the big two.  I experimented with what I thought the most honest of these alternatives, the Libertarians.  Given the choice I would gladly be ruled by Libertarian politicians than those which currently plague us.  However, given power, I am sure they would be corrupted by the mainstream of political discourse.  Anarchy is the only happy solution.  The people do not like happy solutions.  Thus, we are suck with the rats and the roaches.

These parties care nothing about you.  They’re priorities are: bankers, Israel (Likudniks), and anyone else.  Not you.  Not me.

I am sick of this G*****ned nonsense and what it to f**king stop.  Okay? There is no difference between Democrats and Republicans!  They respect and represent neither democracy nor any republic.

fiscal-irresponsibility

(Different approach, same results.  Google.)

An illustrative story from the popular news presses:

If the God-fearing Republicans exist to save us from the Godless, communist Democrats, then why are Republicans Rallying to Save Obama’s Secret Trade Deal?  You can read more about this phenomenon here and here and here.

I’m not entirely sure what this new “secret” trade deal means for America.  But, first, it’s secret.  That means bad when it comes from Washington.  Second, it’s a trade deal. NAFTA and CAFTA, etc. have given American the SHAFTA.  I remember being lied to about NAFTA.  The dirty manufacturing jobs of old, they said, would give way to a new world of high-paying service jobs which would benefit everyone.

In truth, we have lost the industrial work, pay and all.  In exchange we have gained menial minimum wage employment serving hamburgers and such.  Robots and immigrants and Indians now do the productive work for real pay.  What a change.

I’m sure the new law – sure to happen – will be more of the same.  It supposedly grants the President new powers concerning foreign trade.  I understand Obama caught wind of a few, final high-paying jobs left in American and is determined to stamp them out. The displaced workers will receive healthcare and cell phones for the bargain – at a cost.

A few Democrats and Rand Paul (son of the mighty Ron Paul), realizing the potential liabilities of robbing the people of their last shot at the American Dream, have stood in the way.  Paul filibustered against the deal in the Senate.  His speech fell of deaf and stupid ears.  The President will get his way, supported by the “conservative” opposition.  Trade will be geared ever towards non-American interests.  Americans will lose jobs.  Reality TV will continue to be popular among the uneducated rabble.

Just remember this when the election rolls around and the Bush/Romney/Christie machine makes the usual patriotic rumblings.  Remember it when Hitlary bashes the GOP for being unsupportive of freedom.  Blah, blah.  Sounds like the same old BS to me.

Remember, if you can, how the various Democratic Congresses and Bill Clinton ran up the national debt, creating new and useless government programs along the way.  George Bush, the dimmer, was elected to change all that.  He promptly created new agencies and doubled the debt while commencing new wars everywhere.  His Excellency, Barack Hussein Osama, was elected to reverse course.  Dutifully, he doubled the debt again while continuing and adding to the wars.  Now he wants to finish off the trade work began by Clinton and Bush the Vomiter.  I see a conspiracy.

The people, bloated by beer and television see nothing.  They hear nothing.  They say nothing.  One of the new fools (or an old fool) foisted upon us by the elite will be the next President.  Business will continue as usual.

Spare me your partisan rhetoric this year and next.

 

Far Beyond Control

13 Wednesday May 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

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America, anarchy, army, Bush, churches, Clinton, Congress, Courts, crazy, crime, Democrats, election, executive, fear, fools, freedom, George Carlin, government, law, law. people, military, Obama, Patriot Act, police, politicians, Posse Comitatus Act, republic, Republicans, Ron Paul, sheep, Sixth Circuit Court of Appeals, special forces, standing army, students, taxes, terror, Texas, U.S., veterans, voting

“Your” government is officially far past the point where it could be possibly reigned in. Next year must hold in store an election.  I keep hearing and reading that the Republicans and Democrats are preparing their usual assortment of tired psychopaths from which the little people are to select their future “leadership.”  It could be that I have stepped through a worm hole to the past because I keep hearing names like Bush and Clinton.

As George Carlin used to say, “this is the best we can do.”  It will never get better. Incredibly, it gets worse every four years.  I gave up on voting and political participation a long time ago.  I stand by my statement that the last, best chance we had to save the Republic was to elect Ron Paul President in 2008.  We missed it.  Today, I lead a happy life of personal anarchy.  My only involvement with the government is paying taxes and evading the traffic cops.  It works well.  The sheep still don’t see it.

You may have seen or read about the increasing militarization of government forces – the blurring of lines between domestic police and the standing martial army.  I wrote about it previously.

pi052704a1

(USA! USA!  Google.)

Speaking of blurred lines, I, being a recovering attorney, am THE expert on the Posse Comitatus Act (PCA).  The PCA was put into place many, many years ago to halt the use of military forces from providing ordinary law enforcement within the territorial confines of the U.S.  It has not worked.

Law after law and action after action have provided a myriad of exemptions to the PCA. Drugs, terror, riots, training – you name it.  The PCA is moot.

So it is today that most highly trained, deadliest and most feared elements of our armed forces – the special forces – are on the streets training with local police agencies.  It’s like Barney Fife meeting the Seals in Mayberry.  Otis better watch out.

The purpose of elite military forces is to carry out daring missions ABROAD (not at home) in order to disrupt enemy activities with minimal effort or notice.  They are the last force one should want operating amidst the people at home.  This too is lost on the MTV-watching public.

The people are afraid of everything.  Should the government announce pillow cases are tools of terrorism, the people will dutifully burn pillow cases in the town square.  The fools will demand and cheer as the government bombs pillow factories in places like Libya and Iraq.  Imaginary specters are fought with ferocity and pomp.

Meanwhile, real threats go virtually unnoticed.  Recently, the same week that saw the U.S. military engage in various live terror trainings in the Southwest (against fictitious enemies) saw real terrorists attack a cartoon convention in Texas.  Thankfully, for us, the sane, Texas is not Paris.  In the Lone Star State, muslin extremist face summary execution from even lone police officers.  Don’t mess with Texas.  But, no-one else has drawn the corollary (or disconnect) here.  The vaunted military trains for an attack the police can’t handle at the same time the police handle an attack the military can’t.  So it goes.

The sheep graze on.  Fox News, radio talkers and modern “churches” have instilled in the ignorant people a sense of worship for all things military, all things government – so long as it’s the American military and government.  When two groups of drunks meet at the beach, and fight, the sympathy of the nation goes to that group of martial disposition.  No mind is given to reality.

The Sixth Circuit Court of Appeals has just tried to put the brakes on the monstrosity known as the USA Patriot Act.  The Act was intended to grant additional unchecked power to the central government.  Some in the Judiciary have noted this and its underlying illegality.  It does not matter, as Ron Paul notes.  The Bush/Clinton/Bush/Obama/Bush/Clinton/Etc. executive is above the law and will refuse to abide by any Court ruling which limits their authority.  The Courts, truly least of the three branches, are powerless to enforce their rulings.  The Congress, fat, bribed and stoned into complacency, will do nothing.  The sheep graze.

So, pontificate as you will about the coming election.  I may listen but I won’t respond. I’m not rude, it’s just that I don’t believe in fairy tales no matter how entertaining. Next November, you go out and waste your time and energy, saving us from the other side. Afterwards, you may find me at the local bar or cigar shop doing what I do.  Or, you could just join me in freedom land.  Your choice.

Right of Rebellion

25 Sunday Jan 2015

Posted by perrinlovett in Legal/Political Columns

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America, anarchy, arms, Constitution, Declaration of Independence, freedom, Hew Hampshire, King George, law, Natural Law, Plato, revolution, Saint Augustine, Saint Thomas Aquinas, Second Amendment, The People, tyranny

I have an affection for New Hampshire.  The air is clean.  The people are friendly.  They have mountains and beaches relatively close together.  There’s no income tax.  It’s close to Boston.  It’s far enough away from Boston.  The Granite State is just a beautiful place and bears a beautiful motto – Live Free or Die.

The State Constitution is also unique among written political charters.  While generally resembling other such State documents as well as that of the United States this New England version has a stark difference.  It’s something I am not aware of, in writing, anywhere else in the world.  It contains a “Right of Revolution,” which I, here, call a Right of Rebellion (semantics).

“Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.”  N. H. Const., Sect. I, Art 10 (entirety, as amended, 2007).

old_man

(The Old Man of the Mountain [NH natural wonder], Google Images)

Re-read the above and let the meaning sink in.  The free people not only have a natural right but a duty to reform a corrupted government.  When all other usual and peaceful methods of redress fail, the people are authorized to resist evil.  Otherwise the people become subjects – slaves.  That’s what “slavish” means: “of or characteristic of a slave; especially : basely or abjectly servile…”  Webster’s English Dictionary, http://www.merriam-webster.com.

Further, such acquiescence is “absurd,” being illogical and futile.  This is the literary embodiment of that spirit which lead early Americans to cast off the yoke of King George III.

“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.”  U.S. Declaration of Independence, Para. 1, July 4, 1776.

The Declaration proceeds with a long list of oppressive grievances committed by the King. A recount of usual redress follows: “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.”

Then, the Declaration: “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…”

Mind you, this is the spirit of the former America.  Today such sentiment is almost sacrosanct.  Look into the heart of nearly any purported American and one finds either a zealous appreciation for total government or, at the least, a complete resolve to do nothing conducive to the ends of liberty.  Worse than the loss of freedom in Columbia is the veneration of the forces which have brought forth the doom of tyranny.  There exists in America today a cult of statism.

The New Hampshire Constitution provides an outline for the heretics who would still be free.  The entire document is worth reviewing – please click here and read.

Article one artfully defines the sole legitimate reason for government: “All men are born equally free and independent; therefore, all government of right originates from the people, is founded in consent, and instituted for the general good.”

Article two evokes the Natural Law: “All men have certain natural, essential, and inherent rights – among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. ”  Made-man law is or is supposed to be an expression of the natural law. David Miller, et al., eds, The Blackwell Encyclopedia of political Thought (Oxford 1987).

Plato asserted that freedom from and doubt of human law is the “indispensable” beginning of the search for natural law.  Strauss, Natural Right and History, pg. 84, U. Chicago Press, 1953.

St. Thomas Aquinas and Saint Augustine posit that any law “which is not just seems to be no law at all.  Hence a law has as much force as it has justice.”  St. Thomas, Treatise on Law, R.J. Henle, S.J., editor, pg. 287, U. Notre Dame Press, 1993.  St. Thomas goes on to say that a civil or earthly law with conflicts with natural law is a perversion rather than a law.  Again, once an entire government loses its claim to justice the people have a duty to reform or disband said non-government.

Article two-a, mimics the Second Amendment and puts teeth behind the other declarations: “All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.”  New Hampshire, with some of the least restrictive gun laws in the nation, has an on-again, off-again habit of allowing carry even inside the State Capital building.  N.H. lawmakers allow concealed weapons in House chambers, Boston Globe, Jan. 7, 2015.  Note that NH consistently ranks as one of the safest, crime free states in the Union.  101 Reasons to Move to New Hampshire, Free State Project.

Those aiming to reform government or create anew must be able and willing to forcefully defend their cause.

The question arises as to when, exactly, does new for such cause becomes necessary and proper.  People acting out individually whenever they are personally slighted does not seem just cause.  Such action would inevitably lead to anarchy in the lowest sense of the word.

Article three notes, to this end: “When men enter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protection of others; and, without such an equivalent, the surrender is void.”  However, Article four affirms that “Among the natural rights, some are, in their very nature unalienable, because no equivalent can be given or received for them.”

So, while individuals may not personally rebel without great need, they must retain the means to do so should collective need present itself.

How do or how will we know when this time comes?  I do not pretend to be an expert nor arbiter of this process.  For now I offer only mental food for thought.  I do, however, reserve the right to expand on this theme in the future.

PS: the forgoing is not a paid endorsement of New Hampshire.

Doctor Who On Taxes

04 Sunday Aug 2013

Posted by perrinlovett in Legal/Political Columns, Other Columns

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1977, anarchy, BBC, Doctor Who, false god, freedom, government, revolution, taxes, The People

Recently, for reasons which will remain classified, my mind wandered back to my childhood and late night viewings of Doctor Who on the BBC (via PBS).  Through the magic of the internet one thing lead to another and I stumbled upon the following gem of cheap sci-fi anarchy.  Enjoy.

In 1977 (Nov 26, 1977 to be exact) there was a Doctor Who episode called “The Sun Makers.”  Tom Baker played the Doctor back then.  Polls I found on-line say he is by far the most popular Doctor of all time as well as the longest tenured.  He’s certainly the version I recall.  I found a few video segments of the Sun Makers as well as the entire episode transcript.  I vaguely remember the show – mostly as semi-decent entertainment.  Now, having read the transcript, I am blown away by the trenchant social commentary

You can read the transcript here: http://www.chakoteya.net/doctorwho/15-4.htm.

The Doctor and his companion, Leela (more on her in a moment), arrive on Pluto in the distant future.  It seems that sometime between now and then the Earth becomes worn out and uninhabitable.  In humanity’s darkest hour an alien race of inter-galactic Shylocks come along and move humans to a rehabilitated Mars – for a price.  A high price.  Soon Mars is worn out and the show moves to Pluto which, thanks to the malevolent aliens, has artificial suns (hence the name).

When the Doctor arrives humans work in mines and live is large, futuristic cities where they are literally taxed to death by “The Company,” an outfit run by a greedy little alien named “The Collector” (of taxes…).  The Collector employs “The Gatherer” as a sidekick henchman.

Everything is taxed on future Pluto: incomes, medicine, other taxes, even death.  It almost sounds as bad as the USSA.  In fact, the people’s interactions with The Gatherer seem just like current relations with the IRS.  At the beginning of the show some poor sap is pleading with The Gatherer about a tax debt.  The Gatherer insists the man work double shifts and do without sleep until the debt is paid.  Poor sap: “It will kill me!”  Gatherer: “You complain too much.”

On future Pluto “The Company” is synonymous with “government.”  The Company serves as employer, lender, and civil authority for all.  Pluto is a giant “company town” from which there is no escape.  The Plutonians have come to literally worship the Company like a god.  The dialogue is thoroughly peppered with constant statements of adoration towards the great alien “benefactor” – “praise the company,” God save the company,” and so on.  It reminds me of the way modern Amerikans veritably worship the federal government as a god.

The Doctor arrives just in time to stop the afore-mentioned sap from committing suicide by jumping off a high roof.  The distressed man explains the terrible situation to the Doctor.

Dr Who Tardis

(You’re taxing my Tardis?! What the….  BBC.)

The Doctor explains the man’s plight to Leela: “He can’t make ends meet. Probably too many economists in the government.”  By the way, Leela was a beautiful and intelligent “savage” the Doctor picked up on one of his adventures.  She came along between Sarah Jane Smith and the two Ramonas.  She was like a Xena prototype.

bbc-fourth-doctor-tom-baker-doctor-who-HD-Wallpapers

(Go on.  You were extolling the “benefits” of government…  BBC.)

Leela immediately catches on the semi-divine perception of The Company: “These taxes, they are like sacrifices to tribal gods?”  The Doctor responds, accurately: “Well, roughly speaking, but paying tax is more painful.”

Leela then issues one of the most succinct and wonderful solutions ever stated with regards to the universal problem of taxation: “Then the people should rise up and slaughter their oppressors!” 

leela

(Yeeeeeah.  Before there was Xena, there was Leela.  BBC.)

At the time of the Doctor’s arrival a rebellion is already forming in the Plutonian underworld.  With a little help from the old sonic screwdriver the movement is a smash success.  The good people of Pluto take Leela’s advice literally.  Immediately below is a picture of The Gatherer seconds before he is thrown off the roof of a skyscraper by several of his former victims.  Look at the face on than arrogant tax-o-mite.

taxman who

(The taxman falleth … off the roof…  BBC.)

On future Pluto, just like current Earth, the only certainties in life are death and taxes.  Watch the following clip of The Gatherer’s last ride as one begets the other: http://www.youtube.com/watch?v=o5cC__bBM1A.  I’m still laughing.  This is reminiscent of our fore-fathers tarring and feathering the taxman and running him out on a rail.  At least, modern Amerikans would do well to so reminisce.

In the next video, the Doctor confronts the “blood-sucking leech” in charge (The Collector): http://www.youtube.com/watch?v=o9emqnRpYoU.  Upon learning his little empire has crumbled, The Collector reverts back to his natural state – a little piece of green slime.  He promptly and simply imprisoned in a box.  This strategy would likely work well with members of Congress.

Saved by the cunning of the Doctor and by their own courage, the people of Pluto set out to re-colonize Earth, which has apparently healed itself in the intervening years.  One has to hope they choose, this time, to forgo the trappings of government in favor of a little freedom.  Perhaps we can someday do the same.  Thanks, Doctor Who!

Constitutional Law

13 Wednesday Mar 2013

Posted by perrinlovett in Legal/Political Columns

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This article is an extension of my recent columns on The Constitution, https://perrinlovett.wordpress.com/2013/03/08/the-united-states-constitution/, and Legal “Education,” https://perrinlovett.wordpress.com/2013/03/12/legal-education/.  One would think that the matter of Constitutional law would have been covered in my article on the Constitution itself – unless one also read my treatise on law schooling.

Oddly, in my experience, the Constitution itself is not required reading for Constitutional law classes. Rather, some imported parts of the document are set forth in the text-book used by the professor. This strikes me as intellectually dishonest and unwise, akin to using a dangerous power tool without first reading the directions. Herein, I briefly cover the usual course material from such as class. The professors, many of whom have never been in a court, let alone argued for or against the Constitution, regurgitate the rulings of different courts regarding a limited number of subjects. While there is an occasional discussion of the reasoning behind the opinions, they are generally viewed as sacred, unswerving law. Rare instances where history has determined the rulings to be invalid (i.e. Dred Scott v. Sandford, 60 U.S. 393 (1857)– slavery is okay pre war between the States) are swept under the proverbial rug, written off as mistakes made due to the prevailing thoughts of the cases’ times.

tribe conlaw

(Prof. Laurence Tribe’s ConLaw Book.  Google Images.)

As I have written elsewhere, no reference to Natural Law is made and no critical thought is given to the “why” behind the laws. As Max Tucker wrote recently, any student who dares to pose dissenting views or arguments is detested noticeably by the other students and the faculty. Rarely, student are given the opportunity to delve into the deeper meanings of the cases they study. I was fortunate to be able to write a short essay on the effects of Scott, in which I decried its universal sadness and the role it played in the schism in our nation circa 1861. Part of my essay was read aloud to the class by our professor – another rarity, a former practicing attorney. My points were well accepted. Of course, I had the benefit of over a century of progress on my side. Other topics, which require hypothetical deconstruction, are roundly ignored.

As with all other areas of the law, Constitutional law has degenerated into a study of the constantly shifting case-law which arises under the Constitution.  By the way, I always capitalize the “C” in Constitution out of reverence for the document and its place in our Republic (I do the same for “Republic” too).  I have explained my philosophical troubles and doubts about the Constitution but, due to my sworn allegiance to it, I am honor-bound to defend its ideals.

Case-law study is important and has a valid place in the legal practice.  After all, most attorneys make a living pushing various issues in courts through individual cases.  Each provision of any law is subject to some interpretation as part of its application to the circumstances of the real world.  The trick of “strict construction” application of the Constitution is to adhere as closely as possible to the text and plain meaning of the old parchment.  I follow strict construction as my approach to most laws, in and under the Constitution.  The first fork of any analysis is to determine if the issue scrutinized is compatible with the underlying law.  If the two are compatible, then the analysis shifts to application of your set of facts to the law.  If there is an incongruity, then it is necessary to decide whether the law is improper or if the facts are insufficient for action.

Here’s a brief, over-generalized example, ripped from the recent headlines!:  Mary lives in New York City; she is an avid consumer of Coca-Cola beverages, particularly in large volumes.  Mary went to the corner store in Hell’s Kitchen and ordered a 40-ounce frozen Coke treat.  She was informed by the clerk that a drink of such heft was just outlawed by the wise and magnanimous mayor of NYC, Michael “Soda Jerk” Bloomberg.  Mary, offended and hurt, contacts an attorney in order to take action against the mayor and the city.  Her attorney files a lawsuit seeking an injunction or some other remedy to force the city to curb its policing of soft drink size.  Upon reviewing the case, a judge decides that NYC’s ordinance is too vague to be enforceable and strikes it down accordingly.  Mary happily continues on her guest for obesity.  This represents proper application and analysis of the law and the facts – in this case Mary’s freedom to drink liquid sugar in peace.

Had Mary had a more pressing cause – say a desire to legally and permanently rid herself of a troublesome in-law and she requested her attorney file a similar action to invalidate New York’s statute against murder, her attorney would have likely declined the case.  If he was a fool, and filed an action anyway, the attorney would lose as any court would side with the law irregardless of Mary’s malicious desires.  While it is proper to allow peaceful people to purchase and consume products of their desire, it would be improper and an affront to Natural Law, to allow someone to kill another person without good cause (i.e. self-defence). 

These examples are extremely simple, but they demonstrate my core points.  The problem in the law has arisen from the over deference to certain laws as applied to the real world.  Today, the Constitution is not interpreted as strictly dictated by its own terms or by my previous explanation of the powers it grants.  As I noted before, a few select clauses have been given immortal omnipresence to the extent the entire document has been rendered a nearly lost cause.  All of these clauses give extra, unintended authority to the government to regulate and control everything.  Through various cases over the years, the courts have essentially made up the law or, at least by their interpretation of the laws, have allowed over-reaching actions of the government to stand as legitimate.

Popular of late is the criticism of “activist judges” who take on the role of a legislator in their quests to rewrite the laws of Congress.  Some courts have gone so far as to divine new rights and powers mentioned nowhere in the Constitution.  Roe v. Wade, 410 U.S. 113 (1973) is a poster case for such activism.  In Roe, the Supreme Court opined that abortion of unborn children is a right of pregnant women.  This right stems, allegedly, from the women’s “liberty interest” in their own bodies.  While not found in the text of the Bill of Rights (or elsewhere), this right does exist and should be protected.  However, the right, like all rights, has limits.  The high Court did not adequately consider the rights of the unborn children to be secure in the integrity of their own bodies during its decision.  Instead, the Court issued an incomprehensible psuedo-scienticifc approach to determined when a life becomes a life.  Medical science has definitely answered any related questions in favor of the unborn.  However, as is, about 1 Million children are murdered every year thanks to the Roe decision.  This was a case of improper balancing of competing interests under the umbrella of the law.

I do not roundly condemn “activists.”  Sometimes it is advantageous for a jurist to heavily scrutinize the law if the law actually impinges on protected rights.  The New York soda decision is a good, if oddly worded, example.  Problems happen when judges do not universally review the impact of a law, standing or undone.  It is also impermissible in a Republic for a court to institute new law – the domain of the legislature only. 

I will herein briefly explain a few of those key clauses and ideas of the Constitution which have given the federal government unlimited power over your lives.  These are the basis for Constitutional study in law schools.  In summary it suffices to say that they can and do anything they please, without hinderance.

The General Welfare Clause

This clause purportedly allowed Congress to use its defined powers for the betterment of all people.  It has been held it “has never been regarded as the source of any substantive power conferred on the Government of the United States or on any of its Departments.”  Jacobson v. Massachusetts, 197 U.S. 11 (1905).  However, in conjunction with other provisions, the clause has been used to justify countless spending sprees directed towards the profit of a select few, often at the expense of the People.

The Commerce Clause

Congress has the power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress.” Constitution, Art. I, Section 8, Clause 3.  Rather than regulating commerce between the listed entities, this clause has been egregiously abused to empower Congress to regulate anything which can conceivably occur wishing any of the stated territories.  The poster case of the clause is Wickard v. Filburn, 317 U.S. 111 (1942) in which the Supreme Court declared that wheat grown by a farmer may not necessarily be used privately by the farmer because such use (bread baking) might negatively affect interstate commerce, the ability of bread companies to sell the farmer bread.  While defying belief, this case and its ilk are recited as if dictated by Jesus by law professors coast to coast.  The Commerce Clause saw minor setbacks in the 1990s but it remains as the basis for most criminal and civil statutes enacted by Congress.  Arguing against commerce connections in court is as successful as herding alley cats.  I know this from personal experience.

The Necessary and Proper Clause

This clause, known also as the “elastic clause,” appears in Article I, Section 8, Clasue 18.  It provides that Congress can authorize the steps required to implement their other enumerated powers.  The Anti-Federlists argued against this provision, fearing it would allow the central government to assume endless power in the name of affecting those valid programs instituted under the named authorities.  Turns out they were right.  In conjunction with the Commerce Clause, the Necessary and Proper clause has been used to justify federal intrusion into everything.  It was necessary and proper to prohibit farmers from utilizing their own crops to preserve commerce, and so forth.

National Security

“Patriotism” is regarded as the last refuge of a scoundrel.  Frequently, it is the first.  There exists an idea that an allegation that a legal measure is warranted in order to preserve security or defeat some enemy regardless of any other factors.  Frequently, the government will assert this as a defense in a court case in order to avoid any discussion of the underlying subject matter (torture, internment of citizens, etc.).  This tactic usually stops the case dead in its tracks.  In a true emergency such a policy might serve a valid purpose.  However, as we now are told we live under perpetual threat of all sorts of impropriety, the argument is used as a universal repeal of our rights.  History indicates that “emergencies” never go away.  For instance, 68 years after winning World War II, we still station troops in Japan and Germany.  We also have a portion of our incomes withheld prematurely for taxation purposes – this was supposed to be a temporary war-time measure of WWII.  History also shows that a government will do anything to maximize its power under a security “threat,” including the manufacture of threats from nothing.

Taxation

“That the power to tax involves the power to destroy; that the power to destroy may defeat and render useless the power to create….”  Chief Justice John Marshall, McCulloch v. Maryland, 17 U.S. 316 (1819).  Governments have proven themselves able to destroy just about anything, they create next to nothing.  Originally, our government was funded by tariffs and import fees and simple requests to the States for assistance.  The advent of the 16th Amendment gave Washington awesome power to take as much money as the need from the people’s labors.  The illegal Federal Reserve scheme allows them to create additional monies at will.  The courts have constantly upheld the power of taxation even when Congress didn’t know they were implementing a tax.  See: The Obamacare decision, Slip Opinion 11-393, June 28, 2012.  Taxation gets its own law school class – where it is worshipped like a god.  Dissenters are frowned upon as heretics (I know…).

A Few Rights

Over the years, several levels of scrutiny have been assigned to several pet rights.  I am suspicious of each of these levels and will not bore you with their application.  For the most part they apply rights based on classification of persons and against the backdrop of government “interests.”  It is interesting that usually deference is given to a particular law; the law is presumed Constitutional absence some showing that it is an abuse impermissible under one of the abstractly devised levels of scrutiny.  I would prefer deference to the Liberty of the People, with the government left to prove conclusively their law does not infringe that right or that any infringement is necessary in order to secure greater liberties for all.

Most Constitutional law teaching about “rights” center on the First Amendment.  There is usually a class devoted singularly to the subject.  The First is worthy of great attention.  However, too often the cases studied thereunder tend to regard outrageous acts.  Rather than securing rights to fundamental speech for example, such as protesting abortion, educating potential jurors, and protecting free speech during an election, the courts have wasted much time protecting things like naked dancing and wearing offensive sloganed t-shirts. 

Voting rights, due process, and equal protection in general have also received great review.  However, given the steady deterioration of fundamental due process and equal protection, it is obvious there is a systemic bias towards the government over the free people.  For example, Rand Paul’s protests aside, next to nothing has been done in response to the President’s plan to murder Americans in America using drones and no legal process.  The scheme is likely to survive (hopefully unused) due to deference to vague assertions of “national security.”

The rest of the Constitution is left in the dark void of undecided law.  It is either taken for granted that such matters will be resolved in due course by the courts or simply that the provisions have no effect.  In law school I was bluntly told that the Second, Ninth and Tenth Amendments didn’t exist.  I found this hard to believe.  Now, with several positive court cases to lean on, the Second has been given some legitimacy though many “scholars” still remain grounded in the ancient, misdirected past.  On Tuesday, March 19, 2013 I will attend a symposium on the Second Amendment, replete with reference to these lost interpretations.  I have several questions sure to generate discussion and maybe laughter among the gathering.  Join me if you will.

If you teach Constitutional law, incorporate the actual text into your class. It could be a prerequisite, covered at the beginning of the semester and then referred to during the subsequent discussion of cases.  Attorneys need to familiarize themselves with the text of the Constitution, everyone else should too.

Together, each of us acting as we may, we may be able to slowly restore a rational teaching and application of the Constitution.  Perhaps someday we will return to the looser confines of the Articles of Confederation, allowing the member States of the Union (closer to their respective citizens) to affect policies towards the People.  With an eye towards ultimate freedom, I can envision an even less restrictive society.  I am reminded that “anarchy is better than no government at all.”  I’m not sure society is ready for that level of responsibility yet.  Someday…

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Perrin Lovett

From Green Altar Books, an imprint of Shotwell Publishing

From Green Altar Books, an imprint of Shotwell Publishing

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