Saturday, November 22, 2008
Obama voters
The Constitution, Part 1
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
Lets start pulling this apart and look at this from the perspective of plain English.
WE THE PEOPLE OF THE UNITED STATES: A hopeful declaration of who this document is from and for.
IN ORDER TO FORM A MORE PERFECT UNION: This statement of fact presupposes that the people who came up with this were aware that perfection is an unattainable goal; but, a goal to strive for nonetheless.
ESTABLISH JUSTICE: to make firm or stable or to put beyond doubt; the principle or ideal of just dealing or right action (2): conformity to this principle or ideal.
INSURE DOMESTIC TRANQUILITY: to make certain especially by taking necessary measures and precautions; of, relating to, or originating within a country and especially one's own country; the quality or state of being tranquil (free from disturbance or turmoil).
PROVIDE FOR THE COMMON DEFENCE: to take precautionary measures; for the ; relating to a community at large; the act or action of defending or capability of resisting attack.
PROMOTE THE GENERAL WELFARE: to contribute to the growth or prosperity of, or, to help bring (as an enterprise) into being; the; involving, applicable to, or affecting the whole or not confined by specialization or careful limitation; the state of doing well especially in respect to good fortune, happiness, well-being, or prosperity.
AND SECURE THE BLESSINGS OF LIBERTY: assured in opinion or expectation: having no doubt; the a thing conducive to happiness or welfare; of freedom from arbitrary or despotic control or the positive enjoyment of various social, political, or economic rights and privileges or the power of choice.
TO OURSELVES AND OUR POSTERITY: those identical ones that are we —used reflexively
DO ORDAIN AND ESTABLISH THIS CONSTITUTION OF THE UNITED STATES OF AMERICA: to establish or order by appointment, decree, or law; to fix or resolve conclusively OR o establish or secure permanently OR to take up an ordered or stable life; the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it b: a written instrument embodying the rules of a political or social organization; being in agreement; a politically organized body of people usually occupying a definite territory ; especially : one that is sovereign b: the political organization of such a body of people c: a government or politically organized society having a particular character state>
Conclusion/analysis:
The Preamble to the Constitution is an interesting collection of words and thoughts. It reflects the hopes and dreams of the people who first put this to paper back in the 1780’s. The authors had the experience with a monocracy and wanted nothing more of it. The earlier Articles of Confederation were also found to be sorely lacking. The authors knew that they could do better. This is their effort to bring order to chaos. As so many others have offered, this document is the Great Experiment in Self Governance. After the Constitutional Convention concluded, a man asked Franklin “what form of government have you given us?”, Franklin responded “A republic, if you can keep it!”.
The Constitution is the instructions to how to set up and manage the machinery of government. The Preamble gives us the ‘What’ and the ‘Why’. The rest of the document is the ‘How”
Your mileage will vary.
Monday, November 10, 2008
I'm back.
Coming soon, an in depth deconstruction of the Constitution of the United States section by section clause by clause. Please note that I am not a lawyer or a constitutional scholar. I plan to use plain english to and a dictionary to seek the founders intent.
More later.
Mudpuppy, out.
Wednesday, February 06, 2008
Calif budget mess
Sense education is mandated to be at least 40% of the general budget, that should mean that 40% of the cuts should come from education.
Aint being fair fun?
What's the difference?
Saturday, October 20, 2007
Things that make me smile.
The House Republicans found a way to save me and my fellow tax payers 30 billion bucks. They upheld the Presidents veto of the SCHIP bill. And caused a dimacrat to blow a head gasket. Not a bad start.
Rush's poison pen letter from Harry Reid sold for 2.1 million.
Sunday, September 03, 2006
NOLA a year later
That being said, who is responsible for the delay, foot dragging and assorted hoops that must be jumped through? The President, FEMME, State, County or local elected leaders? Like the hurricane itself, the left will place the blame directly at the feet of the President. Some will blame FEMA. But, no one at the state or local level will bother to look in the mirror and place the blame for the delays on the face they see in that mirror. Yes, I place the blame at those at the lowest level who are responsible for the direct delivery of services to those in the local community.
Has there been errors or delays in the delivery of federal aid? You bet. As memory serves, FEMA was slammed for not getting direct aid to the people who were effected. Then they were slammed when it was discovered that some people ripped FEMA off. All of this was political posturing designed to damage the administration and make them seem to be a bunch of cold hearted bastards or bumbing fools.
What is sick is the fact that very few have read the law that authorizes FEMA to take action and the limits of that action. If there are complaints about the way FEMA function, place pressure on the congress to change the law. Otherwise, close your pie hole.
Saturday, May 27, 2006
Tuesday, March 14, 2006
Web Part Page
Web Part Page
Thursday, March 02, 2006
Wednesday, March 01, 2006
Katrina redux
With all the screeching about the "incompetent" federal response to the hurricane, much as been lost and or distorted about just did or did not happen or when that thing may or may not have happened.
First up, the controlling legal authority:
§ 5170. PROCEDURE FOR DECLARATION {Sec. 401}
All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this Act, the Governor shall take appropriate response action under State law and direct execution of the State's emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this Act. Based on the request of a Governor under this section, the President may declare under this Act that a major disaster or emergency exists.
(Pub. L. 93-288, title IV, § 401, as added Pub. L. 100-707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4696.)
Now, given the above, just when did the Louisiana Governor make that declaration?
Moving right along......
§ 5170a. GENERAL FEDERAL ASSISTANCE {Sec. 402}
In any major disaster, the President may--
- direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State and local assistance efforts;
- coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments;
- provide technical and advisory assistance to affected State and local governments for--
- the performance of essential community services;
- issuance of warnings of risks and hazards;
- public health and safety information, including dissemination of such information;
- provision of health and safety measures; and
- management, control, and reduction of immediate threats to public health and safety; and
- assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency assistance.
(Pub. L. 93-288, title IV, § 402, as added Pub. L. 100-707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4696.)
Then we get into the meat:§ 5170b. ESSENTIAL ASSISTANCE {Sec. 403}
- In general
Federal agencies may on the direction of the President, provide assistance essential to meeting immediate threats to life and property resulting from a major disaster, as follows:- Federal resources, generally
Utilizing, lending, or donating to State and local governments Federal equipment, supplies, facilities, personnel, and other resources, other than the extension of credit, for use or distribution by such governments in accordance with the purposes of this Act. - Medicine, food, and other consumables
Distributing or rendering through State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations medicine, food, and other consumable supplies, and other services and assistance to disaster victims. - Work and services to save lives and protect property
Performing on public or private lands or waters any work or services essential to saving lives and protecting and preserving property or public health and safety, including--- debris removal;
- search and rescue, emergency medical care, emergency mass care, emergency shelter, and provision of food, water, medicine, and other essential needs, including movement of supplies or persons;
- clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services;
- provision of temporary facilities for schools and other essential community services;
- demolition of unsafe structures which endanger the public;
- warning of further risks and hazards;
- dissemination of public information and assistance regarding health and safety measures;
- provision of technical advice to State and local governments on disaster management and control; and
- reduction of immediate threats to life, property, and public health and safety.
- Contributions
Making contributions to State or local governments or owners or operators of private nonprofit facilities for the purpose of carrying out the provisions of this subsection.
- Federal resources, generally
- Federal share
The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance. - Utilization of DOD resources
- General rule
During the immediate aftermath of an incident which may ultimately qualify for assistance under this title or title V of this Act [42 U.S.C. §Â§ 5170 et seq. or 5191 et seq.], the Governor of the State in which such incident occurred may request the President to direct the Secretary of Defense to utilize the resources of the Department of Defense for the purpose of performing on public and private lands any emergency work which is made necessary by such incident and which is essential for the preservation of life and property. If the President determines that such work is essential for the preservation of life and property, the President shall grant such request to the extent the President determines practicable. Such emergency work may only be carried out for a period not to exceed 10 days. - Rules applicable to debris removal
Any removal of debris and wreckage carried out under this subsection shall be subject to section 5173(b) of this title [42 U.S.C. § 5173Â(b)], relating to unconditional authorization and indemniÂfiÂcaÂtion for debris removal. - Expenditures out of disaster relief funds
The cost of any assistance provided pursuant to this subsection shall be reimbursed out of funds made available to carry out this Act. - Federal share
The Federal share of assistance under this subsection shall be not less than 75 percent. - Guidelines
Not later than 180 days after the date of the enactment of the Disaster Relief and Emergency Assistance Amendments of 1988 [enacted Nov. 23, 1988], the President shall issue guidelines for carrying out this subsection. Such guidelines shall consider any likely effect assistance under this subsection will have on the availability of other forms of assistance under this Act. - Definitions
For purposes of this section--- Department of Defense
The term 'Department of Defense' has the meaning the term "department" has under section 101 of title 10, United States Code. - Emergency work
The term "emergency work" includes clearance and removal of debris and wreckage and temporary restoration of essential public facilities and services.
- Department of Defense
- General rule
(Pub. L. 93-288, title IV, § 403, as added Pub. L. 100-707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4697.)
this is from the following site: http://www.fema.gov/areyouready/why_prepare.shtm
The need to prepare is real.
- Disasters disrupt hundreds of thousands of lives every year. Each disaster has lasting effects, both to people and property.
- If a disaster occurs in your community, local government and disaster-relief organizations will try to help you, but you need to be ready as well. Local responders may not be able to reach you immediately, or they may need to focus their efforts elsewhere.
- You should know how to respond to severe weather or any disaster that could occur in your area - hurricanes, earthquakes, extreme cold, flooding, or terrorism.
- You should also be ready to be self-sufficient for at least three days. This may mean providing for your own shelter, first aid, food, water, and sanitation.
Sunday, February 26, 2006
Wednesday, February 01, 2006
Freedom
We have heard time and time again that freedom isn't free.
Here is the price tag as I see it.
This nation was founded officially in 1776.
More than 25 million Americans have answered the nations call to it's defense. Of those more than 2 million Americans paid the ultimate price.
Monday, November 28, 2005
Immigration
There are things that can be done and there are things that should be done. Here is my list.
Nothing makes for good behavior like a good fence. Build the fence. We c an start modestly. Start with the high traffic areas, channelize the avenues of approach into zones that can be effectively interdicted. Closing the whole border need not be done at once. Just conduct a military terrain study. It aint rocket science.
Remove the economic incentive to employ illeagales in the US. Here is how I do this:
Federal Law - make the issue a matter of National Security. If a job site is raided and IBC's (illegal Border Crosser) are discovered and the employer is found to knowingly hired the IBC, , the following criminal penalties are enforced with no deviation or mercy - 5 years in federal prison (medium security, no 'country club') and $50,000 fine. This is to be imposed on a each IBC basis.
Oh, don't forget the 'Guest worker' program. I'm all for that, with this little twist: There will be NO guest worker permits issued within the confines of the continental United States or Alaska, Hawaii or any other US territory.
All permits will be issued from the embassy or consulate in the nation the applicacant claims citizenship from. Permits will be issued by the Department of Homeland Security after a background check determines that the person does not pose a risk to national security. An issued permit will expire 180 days from date if issue. There is no renewal provision wile in the US. The person MUST return in person to office that issued the original permit to re-apply. The permit holder must report to the local DHS office weekly to verify the status of employment and all other restrictions placed on the persons movement. If the person violates the terms and conditions of the permit, that person is subject to immediate arrest and deportation with out any other recourse. No person admitted into the territory of the US may apply for resident alien or refuge status at any time during the life of the permit or the next 180 day period after the return to their nation of origin.
Friday, November 04, 2005
Education Funding
Lets start with a baseline number, $6,000 per student per year. (lowball big time).
Average students per classroom 35
Total cash per class room per year $210,000
Here is your annual classroom budget. Now lets spend some money!
Teacher - $50,000 (pay and benies)
Utilities:
electric: $1800
Water: $450
janitor: $1800
Spent so far: $54,050
what's left: $155,950
Support staff: $25,000
Text Books: $10,000
expendable classroom supplies: $9,000
Maintance of building/classroom $5,000
here's what's left: $106,950.
Now muliply this by 40 (class rooms per school)
A 40 classroom school has 4.3 million dollars of mad money.
And this ain't enough money and they want more!
Sunday, August 21, 2005
The Flag
Hello. Remember me? Some people call me Old Glory, others call me the Star Spangled Banner, but whatever they call me, I am your flag, the flag of the United States of America. Something has been bothering me, so I thought I might talk it over with you - because it is about you and me.
I remember some time ago, people would line up on both side of the street to watch the parade, and naturally I was leading every one, proudly waving in the breeze.
When your Daddy saw me coming, he immediately removed his hat and placed it against his left shoulder so that his hand was directly over his heart - remember?
And you, I remember, were standing there, straight as a soldier. You didn't have a hat, but you were giving the right salute. Remember your little sister? Not to be outdone, she was saluting the same as you with her right hand over her heart - remember?
What happened? I'm still the same old flag. Oh, I've added a few more stars since you were a boy, and a lot more blood has been shed since those parades of long ago.
But now, somehow I don't feel as proud as I used to feel. When I come down the street, you just stand there with your hands in your pockets. You may give me a small glance, and then you look away. I see children running around you shouting; they don't seem to know who I am.
I saw one man take his hat off, then he looked around, and when he didn't see anybody else take off his hat, he quickly put his on again.
Is it a sin to be patriotic today? Have you forgotten what I stand for, and where I have been? Anzio, Guadalcanal, Korea and Vietnam!
Take a look at the memorial honor rolls, and see the names of those patriotic Americans who gave their lives to keep this republic free. When you salute me, you are actually saluting them!
So when you see me, please stand straight and place your hand over your heart, and I'll know that you remembered. I'll salute you by waving back!
Sunday, July 24, 2005
Doug Giles: Blair needs to channel Churchill
So much for sugar-coating anything This is not PC. But some thong that must be said. If the crazies can't play nicely with others, then burn their house down and scatter the ash to the 4 winds.
Sunday, July 10, 2005
LAw of War
CONDUCT COMBAT OPERATIONS ACCORDIG TO THE LAW OF WAR
181-906-1505
CONDITIONS
Given a combat situation and you are faced with the following.
- Enemy troops, equipment, material, and supplies.
- Inhabited towns and cities.
- Protected property (hospitals, museums, schools, churches, etc).
- Civilians and private property
- Sick and wounded captives and detainees.
- Surrendering enemy troops.
- Observing a member of your force about to perform an illegal action.
- Receiving an order to perform an illegal action
- Being captured by the enemy and being held as a prisoner of war (PW)
STANDARDS
- Perform combat operations using lawful weapons and tactics, and engaging only lawful targets.
- Treat all captives, civilians, and their property according to the law of war.
- Take appropriate action when faced with violations of the law of war or illeagal orders.
- Identify your rights and duties as a PW.
TRAINING AND EVALUATION
Training Information Outline
- Perform your combat mission using lawful weapons and tactics, and attack only lawful targets
- All United States/North Atlantic Treaty Organization (US/NATO) issued weapons and ammunition are lawful. Do not alter your weapons or ammunition to increase enemy suffering (for example, dumdum bullets, poisoned ammunition and altered bayonets).
- Unlawful tactics include faking surrender, using enemy marked vehicles and uniforms DURING combat, and booby trapping dead or wounding personnel. Also, medical service symbols (Red Cross, Red Crescent, the Red Lion and Sun, and the Red Star of David) can not be used except for medical act ivies.
- Attack only combat targets. Use the firepower necessary to accomplish your mission but avoid needless destruction.
(1) Civilians and soldiers who have surrendered, or who are captured, sick or wounded are not combat targets. Medical personnel, vehicles and facilities are also not combat targets.
(2) Undefended civilian buildings including those used for religious, art, science, or charitable purposes; historic monuments, and hospitals are not combat targets. A red cross or red crescent on a white background, or, in Europe, a blue and white shield often mark protected property.
- Treat captives, civilians, and property on the battlefield according to the law of war.
- Allow enemy soldiers to surrender. Treat all captives as enemy prisoners of war (EPW).
(1) Protect them from acts of violence, intimidation, and sexual abuse. Provide them food, water, shelter, and medical treatment.
(2) Safeguard captives from the dangers of combat. Captives may not be used as shields or screens, to clear or plant mines and booby traps, or as hostages. Evacuate them as soon as possible.
- Treat all civilians humanely. Treat them as you would want to be treated.
(1) Do not use physical force or mental coercion on civilians. Protect them from acts of violence, intimidation, and sexual abuse.
(2) Collective punishment, reprisals, and the taking of hostages is prohibited.
- Treat property found on the battlefield in the proper manner.
(1) Turn enemy military property such as weapons, maps, vehicles, and items of intelligence value in to the chain of command.
(2) Civilian property and captives’ personal property and military equipment necessary for personal protection and welfare (helmets, protective masks, and clothing) may not be seized, stolen, or looted. In certain limited situations, civilian property may be requisitioned due to military necessity; but this decision must be made by the commanding officer.
- Identify violations of the law of war or illegal orders and try to stop them. Report all violations by friendly or enemy troops.
- Violations of the law of war are criminal acts. They are punishable inder the Uniform Code of Military Justice (UCMJ).
- If you believe the law of war is being violated, do your best to stop it.
(1) Clarify unclear orders by repeating what you believe to be your correct orders.
(2) State that you disagree with the act.
(3) Use moral arguments.
(4) Threaten to report the act.
(5) Ask the senior soldier to stop the act.
(6) Refuse to obey an order to commit a criminal act.
- If the act is done or the criminal order is not withdrawn, immediately report the act or order through your chain of command. If the chain of command is not appropriate (such as when a member of the chain of command is suspected of committing a criminal act), report it to the Inspector General (IG). Provost Marshal, chaplain, or a Judge Advocate General’s Corps (JAG) officer. You must report all war crimes no matter who commits them. Crimes committed by the enemy must also be reported.
- Recognize the correct treatment for PW’s. This applies to both your captives and to you (if you become a PW).
- PW’s have the following rights:
(1) Receive housing and clothing.
(2) Receive enough food to stay in good health.
(3) Receive adequate medical care.
(4) Receive necessary facilities for proper hygiene.
(5) Practice their religious faith of choice.
(6) Send and receive mail.
(7) Keep personal property except weapons and military equipment and documents not needed for personal safety.
(8) Receive packages containing food, clothing, educational, religious, or recreational material.
(9) Be represented be a fellow PW.
(10) Receive humane treatment from their captors.
(11) Have a copy of the Geneva Convention on Prisoners of War and its annexes, including any special agreements posted in a location where they can be read by PW’s. They must be written in the PW’s language.
(12) Have a copy of all camp regulations, notices, orders, and publications about their conduct as a prisoner of war posted where they can be read. They must be written in the PW’s language.
- As a PW you must:
(1) Tell your captors only your name, rank, service number, and date of birth.
(2) Obey all lawful rules established by your captors.
(3) If required by your captors, you must perform labor which is nonmilitary and is not humiliating, dangerous, or unhealthy. Captors can require Noncommissioned Officers (NCOs) only supervise such labor.
EVALUATION PREPERATION
SETUP: Soldiers should be individually tested for this task. The evaluator briefs the soldier of the simulated combat situation. The soldier is then questioned as to his recognition and actions regarding the performance measures. The most realistic training of this task is to include law of war problems in Army Training and Evaluation Programs (ARTEP) and field training exercises (FTX). The problems should require skill level 1 soldier recognition and action.
BRIEF SOLDIER: Tell the soldier that he or she is in a simulated combat environment. The US is at war and the soldier may engage various targets using a variety of weapons and ammunition. Enemy soldiers may surrender, be sick or wounded, or capture the soldier. Civilian buildings, and many types of property may be on the battlefield. The soldier will be asked to describe types of targets, weapons, tactics, personnel, and what actions he or she should take.
REFERENCES:
FM 27-2
FM 27-10
TC 27-10-1
TC 27-10-2
(from STP21-1-SMCT Soldiers Manual of Common Tasks Skill Level 1, 1 October 1990)



