Category Archives: Constitution

Why The Warring About War: What The Moron Media Don’t Explain

Constitution, Just War, libertarianism, War

This past Friday, CNN was festooned with the usual bobbing heads kibitzing about whether or not the administration had committed the country to war or not. The quarreling parties did not explain to the viewers whose brains they addle daily, why this distinction mattered. I doubt they know. I mean, if the president indeed possesses all the powers CNN journos often claim for him—why must their Almighty Mulatto bother to seek consent for his actions? Republicans are pretty much on board when it comes to executive overreach, although they’d prefer their guy to be doing the overreaching.

Here is a typical exchange, times 10 a day:

ELISE LABOTT, CNN GLOBAL AFFAIRS CORRESPONDENT: Is the United States at war with ISIS. It sure sounds from the president’s speech that we are.

JOHN KERRY, U.S. SECRETARY OF STATE: I think that is the wrong terminology.

UNIDENTIFIED MALE: Make no mistake. We know we are at war with ISIL.

BURNETT: Is this war?

MCCHRYSTAL: Well, I mean, you can trip over and argue about whether it’s a war for congressional purposes. If you are on the ground and people are getting killed, to a soldier it feels like war and to the population it feels like war. So it’s a struggle.

[SNIP]

And here’s the logical extension of the “to war or not to war” debate, which the Moron Media seems incapable of deducing: It matters whether the president has committed the country to war or not, because:

1) While the power to declare war under various statutes like the War Powers Act, the Iraq Resolution, and the Use of Force Act was shifted to the Executive, to comport with a trend toward centralization of power in this branch—according to these statutes, the War Powers Act, in particular, “he cannot lawfully pursue any military action whatsoever after 180 days.”

2) War declared by executive order may be legal, but it is still unconstitutional. It flouts the obligation to get “the consent of the governed,” to quote the Declaration of Independence.

The libertarian’s duty is to reject the law of the state when it is at odds with natural justice. The process adopted so far by the Bush and Obama executive flouts both the U.S Constitution and the natural law. But Just War principles are for another debate, another time.

As for the Constitution, over to James Madison: “‘Those who are to conduct a war cannot in the nature of things, be proper or safe judges, whether a war ought to be commenced, continued, or concluded.’ Thus it is Congress that declares a war. The U.S. government is beholden to the Constitution, which prohibits the president from declaring war.

Explains Louis Fisher, senior specialist in separation of powers at the Congressional Research Service of the Library of Congress: ‘Keeping the power to commit the country to war—and to all the costs of war—in separate hands from the power to wage war once declared was a bedrock principle for the framers.’”

Modern statutes like the War Powers Resolution, the Iraq Resolution, and the Use of Force Act do not displace the constitutional text and the framers’ intent. (From “UNNATURAL LAWLESSNESS”)


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Avel Amarel, Gutsy Guy

Constitution, Criminal Injustice, Fascism, Private Property

How about a warrant if you want to search my house? Probable cause, perhaps? Avel Amarel insisted on his 4th Amendment rights, when a cop put his big foot in the door. “Oh no you don’t,” said this gutsy guy, standing between his family and the pigs, who truly deserve the moniker, in this instance.

I doubt I’d have the presence of mind, and, frankly, the courage to think as clearly and resist as forcefully.

Via the Free Thought Project.com:

If police come to your door and you don’t need their help, you can simply decline to answer. They cannot come into your home without a search warrant.

Even if the police have probable cause, they cannot come in your home without a search warrant.

You might even be a suspect in a criminal investigation. In such a case you should remain silent — except to say “Officer, I can’t let you inside without a search warrant.” Following such an encounter, you should immediately contact a lawyer before speaking to police again.

The fact is that police can legally lie to try and gain access into your home and knowing how to deal with police at your door can go a long way.


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UPDATED: When Cretins ‘Confront’ Creep-In-Chief

Barack Obama, Christianity, Constitution, Founding Fathers, IMMIGRATION, Journalism, Left-Liberalism, Media, Regulation

In the age of illiteracy and ignorance, newspaper transcripts are obsolete. So rely on memory I must in relaying what one can take away from Obama’s “presser at the conclusion of the Africa Summit.” And it is, chiefly, that the media, whose duty it is to keep the president on his toes, is really really dim.

Again, Obama called Congress a do-nothing Congress (if only this were true), when the Founding Fathers put in place a constitutional scheme that was intended to gridlock, so as to prevent usurpation of power belonging to the people. That the system failed to preserve freedom is beside the point. Obama still gets away with disgorging misleading dross about the constitutional system’s workings.

Just the other day, the creep-in-chief declared that there was no money to protect the border from tidal waves of central-American juveniles. (That too was the fault of a “do-nothing Congress.”) Today, this interloper found plenty taxpayer money to give to “Africa” so that it could unleash the potential of its women, press, medical men (or witchdoctors, as they are called on that continent), civil institutions, on and on. I’d say this was tantamount to throwing good money after bad, if there was any real money to throw about.

The American media, like the army, is internationalist. They like to present themselves as humanitarians, whose sympathies lie with the world’s poor (unless they personally have to step up, whereupon these left-liberals metamorphose into NIMBYs).

Why, one feeble-minded female demanded, was an Ebola drug, developed in the US and still not approved for use due to Food and Drug Administration regs—yes, regulation can indirectly kill—why was it not being provided to “Africa”? (I don’t think American journos understand that “Africa,” like Europe before the European Union, is made up of many countries.) And was it ethical to test the compound on the infected Christian missionaries—Americans all—who contracted the disease when ministering to the sick and afflicted on the continent.

If they could, the journos would take the ZMapp drug away from these saints who deserve a cure. The selfless saints serving the Lord in Africa would probably agree.

UPDATED (8/7): Partial transcript courtesy of CNN.


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The Tyrant’s Warring Factions

Constitution, Crime, Founding Fathers, John McCain, Media

I’m not quite convinced ordinary individuals should share the nation-wide outrage over the dispute between Congress, on the one hand, and the Central Intelligence Agency (CIA) on the other.

What’s it about? Explains AMY GOODMAN of “Democracy Now!”:

The Central Intelligence Agency has admitted its officials spied on a Senate panel probing the agency’s torture and rendition program. An internal probe found 10 CIA employees monitored Senate staffers’ computers. This development comes days after another revelation of CIAspying on Congress emerged. According to McClatchy, the agency has also been spying on emails from whistleblower officials and Congress, triggering fears the CIA has been intercepting the communications of officials who handle whistleblower cases.

This CIA infraction is said to “violate the constitutional separation of powers and may also have been a violation of a federal computer fraud.”

McMussolini is upset. He doesn’t much appreciate any upset in the balance of his power.

Seriously, separation of powers has become nothing but a slogan. Very little remains of the Founder’s constitutional scheme. The people who were supposed to benefit from the dispersion of power inherent in that scheme, now labor under a centralized power.

Isn’t it curious how much fuss is generated by the media-congressional faction when their rights and privileges are messed with? Forgotten in the self-serving din is the spying that goes on against the people. The people themselves forget and become distracted by the whining of those in power.

For all I care, the CIA and Congress can devour each other.


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Ironclad Safeguards For … The Sovereign

Barack Obama, Bush, Constitution, Crime

The American constitutional system provides the sovereign with ironclad safeguards against accountability.

As was the case with “W,” the national debt alone is reason enough to impeach the sitting president, Barack Obama. But so high is the constitutional threshold for finding a president guilty of high crimes and misdemeanors—that justice is seldom swift or sure. “The procedure for impeachment,” writes historian Paul Johnson, “is that the House presents and passes an impeachment resolution and the Senate convicts, or not, by a two-thirds vote.” (A History of The American People, p. 504.)

According to InfoPlease, Since 1797, the House of Representatives has impeached sixteen federal officials. These include two presidents, a cabinet member, a senator, a justice of the Supreme Court, and eleven federal judges. Of those, the Senate has convicted and removed seven, all of them judges. Not included in this list are the office holders who have resigned rather than face impeachment, most notably, President Richard M. Nixon.”

“The Small Fry.”

It’s a case of crimes and no punishment.

Although preeminent liberal professor Jonathan Turley disagrees, history attests that the Constitution has proven close to useless in safeguarding natural liberties.

Related:
“Liberal law professor: Obama is the danger.”
“Five myths about impeachment.”


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Independence? It’s ‘EZ-Pass Up Our A-S’

America, BAB's A List, Constitution, History, Individual Rights

Some independence: It’s “EZ-Pass up our a-s,” says Myron Robert Pauli, Ph.D.

238 years ago in Philadelphia, a group of Americans adopted the world’s most famous grievance list against the British Empire and declared our independence. As Thomas Jefferson stated, “… unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. – That to secure these rights, Governments are instituted among Men … ”

With some guts, guns, and help from Louis XVI, we secured our independence – that was the good news. The bad news was that America was left with the task of self-government. It didn’t start that well with squabbling local governments full of rogue demagogues appealing to indebted yahoos with paper money and contract repudiation. Alarmed men like Washington and Hamilton supported a federal government to keep the yahoos in check. Others like George Mason and Patrick Henry preferred 13 local independent confederacies over one big (potential) tyranny and became the Anti-Federalists.

Jefferson and Madison went along with the Federal idea with a Bill of Rights attached to limit the potential tyranny. And Ben Franklin prophetically said: “I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other.”

Fast forwarding to 2014, and we now celebrate our independence with military displays. We spend more on our Armed Forces than the rest of the world combined. We can kick anyone’s butt, even with such exemplary soldiers as Lynndie England, Chelsea Manning, Nidal Malik Hasan, and Bowe Bergdahl and with one hand tied behind our back! Even our Coast Guard has a larger budget than the British Navy! We can invade anyplace and install “democracy” in primitive cultures in the form of Diem, Thieu, Maliki, Karzai, or HumptyDumpty, until Americans get tired of the expenses and the troops returning in body-bags, without limbs and with Post Traumatic Stress Disorder.

Our President can execute 16 year old Americans on his whim-wham by pushing buttons controlling drones. The local cops now are equipped with lasers, tasers, radars, ladars, mMine-Resistant Ambush Protected armored vehicles with turreted 50 cal machine guns, and even drones. Millions of bureaucrats, contractors, etc. can read our e-mail, regulate our soft drinks, fondle our privates, access our bank accounts, deny medical treatments, and track our movements.

It’s EZ-Pass up our a-s – and even small children can come equipped with transponders. Americans can be held incommunicado for years if captured on a “battlefield,” such as Chicago, provided the president labels them “terrorists.” Waterboarding, sleep deprivation, thermal discomfort and painful positioning is how we “secure these rights” in the 21st Century. Unless there’s permanent organ failure, it isn’t torture!

Our educational system spends more money than anyone else to churn out ADHD-drugged up functional illiterates with masters degrees and tons of student debt. The accredited over-tested narcissists having gone through years of New Math, Leave No Child Behind, Ebonics, Political Correctness, Common Core, and dozens of other bureaucratic fads taught by burned-out teachers in a system where administrators outnumber teachers.

Our Federal Reserve can miraculously create trillions of “dollars” at the press of a computer tab and, lo-and-behold, the banksters and hedge funds are bulging with newfound wealth. My 401k can rise $1000 while I’m in the bathroom. General Motors can turn out clunkers indefinitely and the people shout Amen! Employment drops 5 percent and inner cities resemble Hiroshima in 1945 while the Dow hits new highs.

But whatever corrupt rot, bureaucracy, dysfunctional hyperpartisan politics, or authoritarianism has evolved – it was not imposed on us by “terrorists,” Nazis, Commies, Martians, or even Mexicans, but by our own making (as Franklin foresaw). The self-government that was supposed to “secure these rights” now keeps us in a gilded cage with 500 TV channels in the Empire of the Welfare-Warfare State.

In the 1960’s show “The Prisoner,” Patrick Mc Goohan, “Number 6” was held captive in some “utopian ‘Village’” and asked, “Who is Number 1?” That’s easy, baby. It’s US! USA!! U-S-A!!!

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Myron Pauli with his late, lovely wife.

How2PickUpWomen

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Barely a Blog (BAB) contributor Myron Pauli grew up in Sunnyside Queens, went off to college in Cleveland and then spent time in a mental institution in Cambridge MA (MIT) with Benjamin Netanyahu (did not know him), and others until he was released with the “hostages” and Jimmy Carter on January 20, 1981, having defended his dissertation in nuclear physics. Most of the time since, he has worked on infrared sensors, mainly at Naval Research Laboratory in Washington DC. He was NOT named after Ron Paul but is distantly related to physicist Wolftgang Pauli; unfortunately, only the “good looks” were handed down and not the brains. He writes assorted song lyrics and essays reflecting his cynicism and classical liberalism. Click on the “BAB’s A List” category to access the Pauli archive.


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