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The Need for the Constitution: Rule of Law vs. Rule of Man

If man knew how to properly behave, there would be no need for laws.

Chew on that for a second. If we all knew how to handle every situation that came up in the proper way, and actually followed through, we wouldn't need anyone to tell us to behave properly. Likewise, we also wouldn't need to have an intricately balanced government because all those in authority would know the limit of their powers. We need laws and appropriate government structure because, whether we like to admit it or not, we sometimes don't know how to behave or choose not to make the right decision. 

This simple principle is the key to the management of society as a whole, and is the backbone of our constitution. Instinctively, human reaction to events tends to go in the wrong direction. For this reason, a set of laws that all men must obey is crucial. I can't say that I am authority, I can only act to enforce the authority that already exists. Simply put, I cannot make myself the law. I can seek to amend laws by legislation or to have them declared unconstitutional by the court system, but I myself am not the source of law. Just because I don't like something written in the code of law does not give me the right to neglect my duty of enforcing it. If I ardently disagree with it, I can move within the legal processes of having it changed. This is how the structure of our government has been laid out and for good reason. It prevents the nation from falling prey to the whims of a single man. This is the history of kings and tyrants. 

The need for, and the practicality of the rule of law is aptly illustrated by first amendment free speech. If I'm in authority, I usually don't like to be questioned. I naturally want to suppress the bad press, keep people from saying something that jeopardizes my position of authority, and keep myself in the fairest light possible. It's human nature that no one wants to be torn down from greatness. Because this tendency has both been a part of, and led to various forms of tyrannies, the founding fathers knew it was wise to allow and protect free speech despite the discomfort of those in authority. Likewise, the rest of the constitution has proven to be a safeguard to protect the people from its government. 

What is alarming to see is that the current administration sees the constitution and the rule of law as a roadblock to getting its agenda in place, and has either sought to dissolve constitutional barriers or undermine the constitutional rights of its political enemies (their word, not mine). 

The current administration's FCC has been a prime example of this move as of late. Last year it unilaterally enacted net neutrality, despite a lack of backing from legislation and a clear court ruling against the regulations. Also, not surprisingly, the FCC communication head (with an ironic last name of Copps no less) has recently stated that government should be able to designate what counts as "real news", to hold a Public Values Test (http://thehill.com/blogs/hillicon-valley/technology/144255-copps-calls-on-fcc-to-act-on-media-issues).

So, in the administration's opinion, the government must be able to scrutinize what certain news stations are broadcasting to see if they can renew their broadcasting license. Basically what this means is that the rule of law should be thrown out and be replaced with the judgements of those in power. If I say you can be a news organization, then you can enter the realm of "real news". This is a dangerous and clearly unconstitutional move, but it does bring us back to the need for the rule of law. The administration's reaction is natural: people are calling it out on its malfeasances, and it doesn't like it. I doubt any previous administration has liked this sort of thing either, but for the most part they've understood that these rights are not to be tampered with. Not so with the Obama administration.The first amendment presents a barrier to being able to silence its critics, so it looks to force in anything it can to blow away that roadblock. 

By the same token, the recent move by the administration to fail to defend the defense of marriage act in court sets an ominous tone in the direction of our country's leadership structure. Namely, it threatens the separation of powers. The president could have asked that congress pass a repeal of the law. Instead, he merely decided that this was not in the interest of our country and stated that it was unconstitutional. This move makes it clear that the administration is prepared not only to abandon its responsibilities set forth in the constitution (enforcement of laws), it has crossed into dangerous territory by acting as the judicial branch itself. 

These moves in unison have given us an alarming conclusion: The Obama administration believes itself to be the government, not just a branch thereof. It believes that it should not be regulated by checks and balances, but rather that it should be given free reign to dictate the direction of the entire nation. Those who would protest be damned.

Our nation has been treading down the road to tyranny at a very rapid pace under the current regime. No, we haven't gotten to a full fledged tyranny, but tyrannies rarely form overnight. 

As always, feel free to leave comments in the comment section. The author is also working to move digital hq to a wordpress blog where you can subscribe to an RSS feed. 
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Political Football vs. Political Archery

Truth is found in accuracy, not scoring

Just the other day I read a great article posted on National Review Online by Andy McCarthy about fetishes. No, not that kind of fetish. If you've been following the recent "atmosphere of hate" in America you'll remember that just before the Tuscon shootings, the play book passed around last week by the left called for an insinuation that the right has a "fetish" for the constitution. How cute.

If you can't win by strength of argument, simply use some sophomoric (or in this case, 5th grade-moric?) sexual connotations that surpass all argument to make your opponent look like a buffoon. Think tea bagger. Although, who really looks like the buffoon in a situation like this? 

Anyhow, Mr. McCarthy continued on to brilliantly counter this fetish argument by pointing out the left's fetish and worship of the court system. If you can get a liberal minded judge into power, you can set a precedent that will now and forever more serve as hallowed ground to the nation. Roe v. Wade, no matter how poorly constructed, is now an untouchable and incontrovertible law upon which no mortal man should tread. 

To further the argument presented by McCarthy, the difference in political philosophy can be summarized in football vs. darts. In the mind of the typical liberal, governing is a game of football. How do we move the football down the field to score and enact our ideas? They have a goal in mind, and will create any sort of play (honest or otherwise) to score. Sometimes they can get the ball past the defense of the people and thus change the game. Think Obamacare, or any of the court cases mentioned in the article. In their mind, this is a win. "After all, we did score". 

Most conservatives, though, would and should compare the political competition to a game of darts. The only way I can score points on my opponent is to be more accurate than he: that is, to be closer to the truth. If I can hit the bullseye while you're hitting the wall outside the board, it's safe to say that I'm in the right. Not because I've pulled some stunt play that all of a sudden allowed me to sneak one past you, but because I've gotten closer to the truth than you. By the same token, if you are closer to the veritas bullseye than I, I can humbly concede you have scored a point in fact for the betterment of society. 

A good example of this difference of perception is Friedrich Hayek's concession that the classical liberal (called conservative these days) shouldn't be a purist when it comes to laissez faire capitalism. He admits in his book The Road to Surfdom that some regulation and adjustment is needed in the free market to keep monopolies and the like from imploding the system. This concession is not to the progressive ideology that capitalism is inherently bad, it is admitting that there is some truth to the necessity for regulation. In effect, he is noting that this one past single turn, the opposition has hit closer to the bullseye than we. 

A liberal progressive today would agree with his concession, but for different reasons. Because this concession happens to fall slightly into the ideological bank of the progressive, an instinctual reaction swells within him to say, "you see, we really do have the best ideology. We are in fact the ones we've been waiting for". He sees it as at least a field goal scored on the heads of the "oppressors", and hopes that the conservative will somehow slip up again to perhaps score a touchdown next time. 

The wise conservative knows that truth is no respecter of men. That is, if I've been right the whole time and have gained reputation in my wisdom, the next thing I say is not automatically wise. I do not embody truth, I can only attempt to unearth that which already is its embodiment. If and when I do err, it becomes imperative that I recognize this lapse in judgement so as to avoid walking down a path of folly. Conservative politics in the purest of forms is thus a search for the truth that creates the best form of government to allow mankind the greatest freedoms while maintaining order. Oft times, the liberal progressive ideology in its purest form is a reactionary "oppressed vs. oppressors", a veritable "us vs. them". Their's is not a pursuit of truth as much as it is an attempt to get those by whom they feel oppressed out of power. Once in power, however, there is no problem oppressing those who used to be the oppressors. In this whole process, truth couldn't be less important. 

In conclusion, I would encourage the conservative base to continue to fight to preserve, and in some cases reestablish, the truths found in the constitution. By far they have served to get the dart closest to the bullseye and allow for the peace and prosperity of our nation. 

Feel free to leave comments and add to the discussion. Looking forward to it!
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Bravely Protesting the Protestable

Thanks to two good friends for telling me that people are actually reading what I write, or at least two people are... for a long while I thought I was writing an online public diary, so thanks to Adam and Katie for mentioning that you read this!

Anyhow, it's taken me a little while to come up with something I feel passionate enough to write about. I had a few pieces in the works but didn't really feel like anything was fitting together, but I think I do feel more strongly about this topic, so here it goes. 

In the last couple weeks I saw that Joe Miller up in Alaska is being accused by a left wing blogger of being oppressive for having security detain him after he continued to insist on asking Miller questions about his past, even after he had announced he wouldn't take questions. The report by the Huffington Post can be seen here. While I'm not exactly a fan of how it was handled, this is a far cry from being Nazi Germany as many people posted in response on the original Alaska article. The original article itself noted that the blogger claimed the recorded incident was erased from his camera by Miller's security team.... only, when police offered to officially check the camera for tampering, the blogger refused saying that he needed the camera for his work and couldn't give it up for that long. Something tells me that there was either evidence that this guy was being totally out of line when he was detained, or there was no evidence of abuse. The likening to Nazism/fascism is ironic, since these have far more in common with the progressive agenda than they ever had with the conservative one (read Jonah Goldberg's "Liberal Fascism" and you'll understand what I mean). 

Secondly, Juan Williams got fired at NPR for having said it would scare him to fly with those in Muslim style clothing due to what's happened with past terrorism events. He explained himself with reasonable candor and by no means was speaking out of line. He was fired on the phone for his "bigoted statements" that would compromise the integrity of NPRs reporting. But it's just fine that George Soros' organization Open Society Institute just gave 1.8 million dollars to NPR to hire on 100 more journalists for the next 3 years. That has nothing to do with integrity. 

Lastly, when Bill O'Reilly went on "The View" to talk about the 9-11 mosque, Joy Behar and Whoopi Goldberg walked off set when O'Reilly said that Muslims killed us on 9-11. Later on on her own show, Behar continued to berate O'Reilly about the incident and to say how intolerant that was. 

It seems that anywhere you look, the left is happy to protest anything conservative, regardless of what merit there is behind it. When the right shows concern over Islamic jihad and megalomania, we're islamophobic. Yet when South Park's episode that talked about Mohammed was edited to the point of bleeping out the mention of his name on Comedy Central a few months ago and the creators were still threatened with death, I didn't see a whole lot of protest on the left. Come to think of it, I didn't see or hear any. 

The left can berate Christianity (watch Fox News' report on NYTs support of an artists irreverent defamation of the Catholic Church). They can liken conservatism to Nazism. However, when these same brave protesters who speak truth to power are confronted with a threat from Islamic terrorists, they clam up. Why is this? 

Joe Miller's campaign hasn't sent, nor will he ever send this idiot blogger to a concentration camp. No TEA party terrorists are going to call for the head of the NPR moron who fired Juan Williams. The streets won't be filled with burning effigies of Joy Behar. 

The left bravely protests the "Nazism" of the right. They bravely fire the "bigoted" commenter from among their midst. They bravely walk off the set of a talk show. They bravely make art that berates the oppressiveness of Christianity. They bravely protest the protestable. 


Well that's it for now. If this didn't come across well, it's because this blog host is having trouble. I had my work erased several times in trying to edit this, so I hope it turns out. 

Thanks for reading, and if you want to leave a comment to let me know I'm not writing into a dark abyss, that'd be great. 

Cheers!




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Weighing in on the topic of Marriage

The other day a famous liberal lawyer went on Fox News with Chris Wallace to talk about the gay marriage issue. Apparently, Wallace was unprepared for what this lawyer said. 

He vehemently argued that the supreme court in 13 cases had over and over called marriage a constitutional right. Wallace was blown away, and at the end said something to the effect of "It's a wonder you ever lost any case before the supreme court!".

As I sat and considered this well constructed argument, I realized that one can have great construction skills, but if he's working with weak material, the structure can't stand. 

I would like to see these 13 cases... here's why:
They said everyone has a right to marriage under the constitution, right? What is the definition of marriage in these rulings? This lawyer very cleverly said it was a constitutional right, but failed to mention to what people actually have a right. Gay people have just as much right to marry a person of the opposite sex that I do, they just choose not to exercise it. 

We can also consider the argument to which I have not heard any actual rebuttal, only mockery. Why not allow incestuous marriages? What about polygamy? What about bestiality? If everyone has the right to marry whom they choose, then who is to limit the aforementioned cases? Is it not discrimination to tell me I can't marry my dog? 
Again, the only retort I hear to this argument is, "That's ridiculous. You right wingers are so paranoid", or something to that effect. No one actually has been able to tell me why the argument doesn't work. 

Anyhow, these are a few thoughts. Once I get anyone to follow my blog, you can weigh in yourself on the issue...
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Man-Made Global Warming's Last Stand

This past week there have been several commentaries about the global warming swindle we've all come to recognize as a hoax, if not much worse. 
 
MSNBC has not failed to take notice... of the commentary, not of the blatant tinkering with the numbers. I noticed on the Daily Rundown the other day, that they supposedly "busted" those ignorant GOPers' commentary that this ridiculous amount of snowfall is proof that global warming is not happening... 

The argument goes like this. Because there is global warming (man-made, of course) it disrupted the usual weather patterns, which in turn caused snowfall to happen in the more unusual place (like D.C.) and not in places like the host of the winter olympics, Vancouver, which finds itself desperately short of snow. 

Now let's forget for a second the almost daily discovery of some other piece of evidence that this theory was a conspiracy among scientists to create a "crisis". Let's just look at what the other side is trying to convince us of.  

Either:
1. Temperatures worldwide are rising at an alarming rate, causing the polar ice caps to melt, killing polar bears (their population is actually increasing), causing the oceans to rise, coastlines to disappear and croplands to experience famine or...

2. The much easier claim that humans are causing the climates to change period. Which would mean that any climate change is our fault. 

AND... both of these lead to their conclusion: Radical political (ironically almost completely socialist) action must be taken to stop the madness in either case. 

But let's look at the logic here. How can either of the two claims be refuted? The temperature goes up; GLOBAL WARMING!!! The temperature goes down; GLOBAL CLIMATE CHANGE!!! 

To me this sounds like betting that tomorrow will be either day or night, and that the cause of both is how long I sleep... 





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Bob the Builder named Secretary of Housing

Here's a note that I wrote at the beginning of the year after Obama got elected. Obviously this is satire and not copied from any actual news source. It's a bit dated, so its humor is aimed at the audacity of electing a leader who is full of windy aphorisms. Hope you enjoy!

The New York Times

January 26, 2009


In a surprising turn of events today, newly elected President Barack Obama named the popular children's television star, Bob the Builder, as Secretary of Housing and Urban Development. This, after several immature allegations were made by Senate Republicans that Bob "lacks real world experience," and "would be a disgraceful mockery of the office".

When asked for commentary, Obama gave a rousing 45 minute speech, which in many commentators opinions surpassed his inaugural address in the content of inspiring soundbites. Obama praised the Builder, citing several times his audacious hopefulness in the face of economic crisis. "Bob is the one we need to help rebuild this country, He is the one we've been waiting for. He will not falter... He will not fail. His success shall be valiant, his heart shall be filled with courage and boldness, and his work belt filled with the tools of knowledge and sacrifice." Obama also noted that his experience working with talking machinery is groundbreaking, as no other person in the entire industry has even claimed such a feat.

Although he is new to the political scene, a debate has been sparked among Washington insiders, with speculations that Obama hand-picked the Builder to be his successor. In speaking, Bob the Builder proved to be cut from the same cloth as President Obama, deftly wielding his lexicon to invoke a sense of ambiguous optimism. Upon accepting the nomination the Builder had few, but very inspiring words: "Can we build it? YES WE CAN!" Clearly demonstrating the direction he hopes to take the country in the office.

Around the country there is already a "Bob the Builder" frenzy among university students and professors, coffee shop baristas, and Steve Jobs. Interestingly enough, there has also been enthusiastic support from young men between the ages of three and seven, who have clearly demonstrated a prodigious political acuity at such an early age. When asked, a bystander stated,"Bob is the everyman we can look to for strength. He embodies the practicality of the Obama administration, a living testimony to the fact that hope and change can be effectual in pragmatic actions, not just in gratuitous rhetoric."

It remains to be seen just how high this star will rise. But we at the Times will continue to cover this great man's ascension into the American history books.
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Capitalistic vs. Socialistic Greed

Greed is evil.

At least, this is what all the rebellious protesters at the rallies for anything from "Let's make our earth green" to "Down with capitalist pigs" would shout in your face. At its base form, I would very much agree with this statement. Greed more often than not leads to the abuse of people, and most usually the "little guy". We see it every day in all forms.  And yet, I cannot bring myself to agree with the solution to greed, as delineated by the Socialist/Communist belief system. Let me explain why.

At the base of each philosophy we find a marked difference.

Capitalism says that the individual in the pursuit of self interest will create products for those in the community to use at the price charged by the capitalist. This is for his own good, as he wants to amass wealth for himself. Yet, if there's another individual down the street who also wants to amass wealth, he does his research into the product and finds that not only can he make that first product better, he can also make it cheaper. Thus, we have the basic principle of the free market. Capitalism at its basic level acknowledges that we have a predisposition to look out for our own self-interests, and harnesses this. It delivers better products for a better price, not because it's mandated, but because the capitalist wants a part of the market share. Although we mostly believe that blind greed is evil, we have come to terms with the fact that we can't eliminate it from people and so use it for the benefit of society.

Socialism and the like's ideals say that each man should live for the good of the other, with the government being in charge of making sure everyone is taken care of, to varying degrees. The individual is appreciated only as much as he's able to contribute to the good of society, which is encapsulated by the apothegm: for the good of "the people".  Thus, theoretically, everyone doesn't have to go without, since we're all sharing things. Greed magically disappears because we've put a check on "greedy" people, and used them to benefit society. It's an ideal society.
 
The difference between these philosophies are realism, and idealism.

As we covered before, Socialism is idealistic. It sounds good. There's something about the appeal of never feeling the threat of being financially vulnerable to loss or need. So, ideally, we'd all share things with those who are in need so that they too would be able to have enough. This ideal, however, is based upon the premise that every person is in fact basically good and that, as stated before, a political system can eliminate greed altogether.

You absolutely have to be completely generous and unassuming when it comes to greed. The benign government absolutely has to have no interest in favoring any group in the redistribution of wealth, and would objectively give to those who need it. And, those being assisted absolutely have to have no alternative to receiving assistance, and would otherwise be contributing to the utmost of their abilities to the "common pool". Otherwise, more has to be taken from those who are contributing, and the system implodes. So, in a utopia, we could very plausibly work under this system, and the Marxist saying "From each according to his ability, and to each according to his need" becomes the mantra for such a society.

And yet, such a society does not exist in human terms, nor will ever exist created from human endeavor. And because of the simple fact that humans, by nature, are prone to give in to greed, the idealistic becomes destructive. As noted by Ayn Rand in Atlas Shrugged, need is rewarded over ability, and effort is penalized to reward the needy in the socialist system. Those with ability hide it, since the fruits of their labor will only be used to reward those who are "in need". If on the other hand you can demonstrate that you are "needier" than your neighbor, you get more of the redistributed pie.

Alternatively, Capitalism is about the cold hard facts. It's realistic in its assumptions. It takes for granted that people are flawed and, given the opportunity to do so, most people will take advantage of a "free lunch". It also knows that there is no such thing as a "free lunch".  So, it says you must work for everything you get, otherwise you won't get it. This is the result of failure to act. This sounds very cold and harsh. However, the reward of Capitalism is what allows it to continue to function. If you set up a successful business, you can create wealth for yourself, and no one will steal that from you; you've earned it. This creates a sense of pride in the using of ones own talents to gain one's living, and beyond this encourages the individual to further innovate because this innovation is rewarded. Yes, it's cold because it demands that one works to earn even the necessary items to survive. But it has taken into account the very fact that makes Socialism a parasitic society that will ultimately destroy itself: greed.

So, we've covered the basics. "But what about the title?", you might ask. Here's the main thrust of my argument for Capitalistic greed: it takes greed into account. Socialism on the other hand thinks that only if  we destroy or penalize those who are successful can we actually eliminate greed. It denies that greed continues to exist.

We always hear "those greedy capitalists." And yet, we never hear "those greedy socialists", because in and of itself the idealism believes it can eliminate greed by taking from the greedy. This ignoring of the monster within humanity is what is scariest of all. It's the appointed self-righteousness that makes a socialist in power so frightening. He thinks that he can do no harm by harming only those who are successful. He points out the greed of the Enrons of today, and says, "look at those greedy capitalists and how they've destroyed the working man's retirement account." He then goes on to espouse more restrictions on companies to make sure it doesn't happen again, even going so far as to suggest that the government take over industry.

However, this same Socialist will applaud the movement of the radical left in socializing health care, and the "responsibility" which it promotes. He doesn't realize (or doesn't want to realize) that the books on such programs are cooked in much the same way as Enron's. Costs are hidden (for Medicare mainly) so that it looks like a great deal on the surface, but hidden costs are going to break "the working man", for whom this is all supposedly enacted. And so, we see the true colors of the Socialistic creed: Steal from the rich to gain control over the leftover poor.

The liberal reader may protest, but I dare any one of them to say that the government's blind ambition for greed for power will not do more harm than what an Enron did. Enron's greed was in fact deplorable. And yet, it was a company that ultimately failed in the Capitalist system because it could keep a charade going, but only for so long. Several thousand people were hurt from this, and lost their retirement. This is the beauty of Capitalism when it functions properly. The consumer can boycott the crooked company, or the government can come in and investigate. Yes, it may do harm, but this harm is limited by the fact that the entity is one of several players in the system.

Contrarily, look at the government. It's actions are eerily similar to Enron's, and yet how can a charade propagated by the government be checked? Who can come in and investigate cheating accounting schemes? The government is in fact responsible for its own investigation, and we see just how great this works in the private sector. Those within the company are most usually partial to the company. The end of this governmental pyramid scheme is going to have far worse results for far more people than any private company's worst malfeasance because of this fact.

Greed ultimately harms people in its worst forms. And yet, I would much prefer Capitalistic greed that does in fact harm some, but can be limited by the market as well as by the government, over the Socialistic greed that ultimately has no accountability in its lust for power over people. I can boycott the Wal-Marts of the world, but I cannot really boycott the U.S. government without serious consequences that may ultimately cost me my life. And so I say, "down with greedy Socialism".



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