Showing posts with label unconstitutional. Show all posts
Showing posts with label unconstitutional. Show all posts

Wednesday, August 8, 2007

No More Free Rides

In July George Bush issued an order that basically said, if you so much as sell a candy bar to anyone who happens to obstruct the illegal Iraq War in any manner, the government can block your property (from use) without warning. The order doesn't say you have to know who you are dealing with. The Bush administration claims the right to overrule your constitutional right to property on the basis of guilt by accidental association. An order was later issued that extended the provisions of the first to acts that impede the current government of Lebanon.

Both orders have a provision, labeled Sec 1(b) in each, which states in effect that if any one person's property is blocked for any reason as a result of that order, than anyone having any dealings with that person shall also be subject to having their property blocked without a warning.

It isn't necessary to sell the candy bar to be dragged into the net. You can just give the candy bar to someone who has had their property blocked (you don't have to have known that their property has been blocked) or they can give you a candy bar! They can pick your address out at random and mail you a 3 Musketeers, or an Almond Joy, or a Butterfinger, or a Baby Ruth, or a Big Hunk, or a Bit-O-Honey... a Bit-O-Honey! You could lose the use of all your property just by getting a Bit-O-Honey bar in the mail from somebody's Uncle Tonoose! How rude!

What if you want your property blocked? According to some people most homeless people are that way because they wanted to be on the street and destitute. Let's say you're one of those thousands of wanna-be homeless people, who isn't homeless now, but can't wait. Maybe you're a CEO pulling in 7 figures annually and you think, "Hey, why am I busting my butt every day slaving for the Man, paying rent and taxes from my hard-earned money, when I could be living out of a cardboard box and sharing refried dumpster-beans with my new friend Chucky the Alley Rat?" How can you achieve the destitution you so achingly yearn for, without someone pointing you at your house and kicking you in?

In the New George Bush Post-Constitutional America it's easy! Commit any act of nonviolent civil disobedience that in any way, no matter how trivially, interferes with the government's war-making routine, and the administration can block all your property. They can lock you out of your own house! You'll be in homeless heaven!

For example, you can jaywalk in front of a convoy rolling out of Fort Lewis. If you hold them up a second, your property can be confiscated. Or you can block military recruiters from entering your kid's high school for five minutes, while you read them the Declaration of Independence. That's five minutes the war effort was obstructed. Your ass belongs to George! It's that easy!

Well, it's just too easy, says a lot of liberal activists. Rich Lang for one. Rich Lang is the minister of Trinity United Methodist in Ballard and he clearly thinks George Bush is making it too easy for rich people to become poor and live on our "easy streets" off the backs of hard-working Americans.

Rich says let's obstruct the obstructors and put an end to this unfair option. He wants every hard-working American to call in sick from work on Tuesday, September 11, 2007, and go out and perform nonviolent "acts of democracy."

I think that's a great idea. Let's not let Bush make it too easy for people to impoverish themselves! People should have to work for poverty, not have it handed to them on a silver platter!

Wednesday, December 20, 2006

The Ghost of Christmas Future

Now that the Christmas trees are back up at SeaTac, or those are up that haven’t since blown away, and now that people have calmed down a bit, I feel the need to work them into a frenzy again. That’s why this year I’m calling for all good Americans to stop recognizing foreign winters, and start recognizing American winters.

What I’m talking about is the fact that practically every calendar you can find around here, including calendars designed and printed right here in America, even right here in this city, show winter 2006 as beginning on the 22nd of this month! This is an outrage!

In fact, winter begins at a little past 12:20 AM Greenwich Mean Time. Did you know that’s code for British time, also known as ZULU time? Do we live in Britain? Do we live in Zululand? NO! We live in a city 8 hours ahead, or behind, depending on whether (math joke alert!) you’re positively or negatively oriented, ha. In any case winter starts on the 21st all across America from Maine to Hawaii, AND ANTI-AMERICAN CALENDAR MAKERS DON’T WANT YOU TO KNOW IT. Are you paying attention, Lou Dobbs, or don’t you care about the American Way of Life? It’s time we celebrated Freedom Winter! No more Brit Winter!

OK, now that I’ve got that out of the way I can do what I came here to do. Apparently nobody else noticed it last week but me, but a huge shift has occurred in the culture wars across this land, a shift that promises to make the crooked straight and the rough places plain.

I am speaking of the fact that Senator Tim Johnson of South Dakota came this close (see pinched fingers, crushing the head of a flea) to needing a living will and testament. Fortunately all is well, this time. I’ve read that Senator Johnson has been seen by no less than three highly qualified Democrats, who all say he’s “looking good” and has an excellent prognosis until at least January 2009, so it won’t be at all necessary for South Dakota Republican Governor Mike Rounds to appoint anyone to take Johnson’s place.

This is great because it means that I can forget about the bad scenario I have in mind happening to Tim Johnson. I can imagine it happening to a fictitious Democratic Senator. So let’s do that together, shall we?

There are 51 Senators trying to keep the Senate in Democratic control. Actuarially speaking, they are most of them old, and no one would be surprised if they didn’t all last the next two years. The same can be said for the other 49, less the difference. But what happens when, sometime in the middle of next year, the Democratic Senator William “Willy” Orrnot from the great state of South Macadamia, governed by a Republican, slips and falls in an off-duty hula competition and gets himself concussed and then doesn’t wake up from it, ever?

I’ll tell you what happens because I can see it coming as plain as a car hurtling south on a northbound one-way in rush hour, what with all the screeching tires and the smashing glass and crushed metal. At first everyone will sit back respectfully and watch as the life support system is put into action, “the way he wanted it.” Then someone will leak the man’s actual living will, which will turn out to stipulate “no unusual life-prolonging measures” be taken. Then lawsuits will fly, at first involving only the family and the wife.

When it starts to look like the plug could be pulled, that’s when you’ll see a cultural war realignment.

I don’t know about the rest of you die-hard liberals out there, but I for one am ready right now to sign a GetOnWithItAlready.org petition calling for my Congresspeople to support “An Act for the relief of the people who don’t want Democrats’ plugs pulled.”

Did I say that the Schiavo Bill was unconstitutional? I must have been smoking something.

Wednesday, November 8, 2006

Rev. Haggard and Other Hazards

Five weeks ago we enjoyed Ted Haggard’s pronouncement that President George Bush is not Satan. Years before, the evangelical leader Reverend Ted Arthur “I Did Not Have Sex With That Male Whore And Never Used That Meth” Haggard made a key endorsement George Bush needed to win the presidency in 2000. He is a good honorable man and I, for one, totally believe his denials of wrongdoing.

Haggard was only being Christlike in his love for his male flesh merchant. His frequent payments of $200 to his for-hire boy toy were not for sex. They made Haggard an instrument of God’s Love to a poor struggling sinner. Likewise, when he bought unwanted meth from his drug-dealing hooker it was just a kind way to give without demeaning the recipient.

Who needs happy endings, when they’re on the Way to the Lord’s Eternal Happy Ending?

Speaking of lies, cowardice, and criminal conduct, as of last week I planned to spend this column conveying the idea that while Bush, Cheney, and a large percentage of their staff and cabinet are guilty of High Crimes and Misdemeanors galore and unquestionably deserve mass impeachment, it would be bad for the country to take that route.

There’s the NSA warrantless wiretapping surveillance program which violates the Foreign Intelligence Surveillance Act and so violates the provision in Article I, Section 8 of the Constitution that Congress “shall make Rules for the Government & Regulation of the land and naval forces” and violates the provision, in Article II, Section 3, that the President “shall take Care that the Laws be faithfully executed.” It undermines freedom of speech (1st Amendment) and the right of counsel and to fair trials (6th Amendment, because the government eavesdrops on client-attorney discussions) and citizen’s rights to due process (5th Amendment.)

Gosh, while I was making that list I plum forgot to mention the 4th Amendment. IT SAYS DON’T DO WARRANTLESS SEARCHES RIGHT THERE IN PLAIN ENGLISH. The Supreme Court ruled some time ago (1967) that wiretaps constitute searches for the purposes of applying the 4th Amendment.

That’s at least six provisions of the Constitution undermined, and at least 3 flagrant violations of both the letter and the spirit of provisions that speak to the heart of what makes the United States a great nation and distinguishes its government from a worthless dictatorship. So George Bush and accomplices are guilty of continuous disregard of our founding law.

Then there’s the 2003 Iraq War, which satisfied the legal definition of a war of aggression and therefore was and always will be a war crime under United States law. It violates Article VI: “all... treaties made shall be the Supreme Law of the Land” and “all executive officers shall be bound to support the Constitution.”

The use of “unlawful combatant status” is also a flagrant continuous unabated and unmitigated violation of treaty law ratified by the United States Congress and represents an insult to the Constitution and to every citizen who gives a damn that this is a country of laws not ruled by a king.

When before has it been necessary to remind any United States administration that to torture a state prisoner is to commit treason against that state?

But, hey, a mass impeachment would be disruptive, so I was going to say, let’s live and let live, it’s only 2 more years, blah, blah, blah.

Then I learned that George Bush intends to deny detainees (not yet proven guilty of any crime) access to lawyers and to keep them in isolation IN PERPETUITY, on the unbelievable grounds that they have been the unwilling subjects of secret interrogation techniques.

This is the most despicable, vile, disgusting, assault on American Law, on fundamental human rights, on common decency, and the good name of the United States since this country practiced slavery.

Now we have no other choice but to try this man and every one who has put him up to this, simply to show the rest of the world that we don’t condone such depravity.

Wednesday, November 1, 2006

The Lovingcup-full

Don’t we all have limits? I know I do. The Wellbutrin only works so far, and then Mister Smiley turns into Mister Where’s My Baseball Bat.

It takes me a long time to snap. This is a problem for me, or more precisely, for everybody else, because when I do snap everyone thinks there was no warning. In truth there was plenty of warning. There was me calmly saying, over and over again, “This better stop,” and there was everybody else calmly ignoring me because I am being so calm and cheerful. Then all of the sudden there’s a crazy man in the house.

Sometimes it takes years. About 1983 I became homeless for the second time in my life. I lived out of a ’69 Rambler for about eight months while I worked the night shift as a cab driver. I say I lived out of the ’69 Rambler because the police, security guards, and vigilantes wouldn’t let me actually sleep in said vehicle. Through a twisted logic I can’t possibly reconstruct, they deemed me a threat to civil society whenever I locked myself away from them in my car. So I was forced to sleep out in the open where I was constantly subject to harassment. I’m sure I said something at the time to the effect of “this better stop,” or “this sucks,” or “I’m getting royally steamed,” but I don’t recall anyone saying, “Oh gee, I guess in that case we’ll all have to stop using you as a whipping post.”

The whole situation -- being homeless -- reminded me of little Bobby Lovingcup. “Little Bobby Lovingcup” is not his real name but it’s so close that if he reads this he’ll know I’m talking about him. Bobby was the son of my parent’s best friends. I couldn’t stand him when he was sane, but I had to tolerate him because his parents and my parents hung together. Besides, he didn’t mean any harm by being a dork -- he just was one.

Then the Lovingcups moved to the Big City and one day some other kid who had his own problems threw a rock at Bobby’s head and it connected.

A year or so later my parents took me with them to visit the Lovingcups in the Big City, and the four parents sent Bobby and me out together to “play,” in order to leave them to their important adult conversation.

Bobby showed me a new game he said he liked to play since getting hit with the rock. It was called “whip” and it consisted of him whipping me repeatedly with a three-foot long branch from a tree. He hit me in the face first, and when I turned away he hit me on my back, oh, once every three seconds or so.

I didn’t mention that Bobby was then 9, while I was 12 and proportionately bigger, so I could have at any time reached past his switch, grabbed him by the arm, twisted it till it came off, and fed it to him. But I had to be nice to Bobby, because Bobby had been hit in the head with a rock, and you don’t hurt people who don’t know what they’re doing is wrong. So instead of breaking his arm I just took his whip away from him and broke it into 12 3-inch pieces, and went back inside and told his parents to keep him away from me if they liked him intact.

That’s how I feel about homelessness. I don’t feel like anyone owes me anything for having been homeless. But the fact is I was used as a whipping post while I was down by many, many, people. I try to tell myself those people didn’t know what they were doing was wrong. But I still want all the whips broken.

In Las Vegas, a municipal court struck down as unconstitutional Las Vegas’ recently enacted No Feeding the Homeless ordinance.

One less whip, for now.

Wednesday, August 24, 2005

Embrace the Putrid Legislative Roadkill

One month since Bellevue approved its new regulations regarding organized homeless people’s encampments, my regular readers might wonder why I have taken so long to bring it up. The answer is, I don’t really like to write in a rage. I like to have been in a rage, and then have calmed down enough so I can pretend I’m writing in a rage, but actually in my mind be on a tropical beach at Bora Bora contemplating sunbathers, and what is a Bora Bora, anyway?

Where was I? Oh yes, back in Puget Sound, Bellevue has passed an asinine new law. Either the whole law, or substantial parts of it should be struck down by the courts, and the ruling judge or judges should tell the majority of the Bellevue City Council that voted for this travesty the whole truth about their mamas.

But I am not going to attack the Bellevue City Council or their feeble unconstitutional attempt at lawmaking. Instead I am going to embrace their puny law, and, out of my joy from the sands of the Bora Bora of my head, I am even going to celebrate this piece of putrid rotting legislative roadkill.

I’m going to offer some suggestions as to how Bellevue can beat the courts and not have their pathetic law struck down, by making it even more stringent and draconian than it is.

For example there is a provision in the law that was passed that said that only “entities with a religious purpose” may host a tent city encampment. What a wonderful idea. Let’s strengthen this provision by making sure the underlying principle is applied to everyone in Bellevue, not just homeless people.

To get away in the courts with requiring that homeless people can only live in groups on established church lands, Bellevue needs to carry that to the people as a whole. All high-rise apartment buildings should be turned over to established churches, or they should be vacated and demolished. Any building or property where two or more unrelated people live must be under the control of a government recognized church. It won’t hurt anyone (aside from stepping on the rights of secular landowners, but screw them, this is government), it will just make all our lives safer, because only churches have what it takes to keep our cities safe from… people.

Speaking of being safe from people, another provision of the law says that either the managers or the host of any tent city in Bellevue is required to report to Seattle and King County public health officials any resident who has a communicable disease. Now, I like this provision of the law, but in the interest of Equal Protection and Due Process and Constitutional Crank Term This and Constitutional Crank Term That, I think it doesn’t go far enough.

The fear is that all those people being so close together in those separate tents will pass diseases one to another and trigger the next Black Plague. I totally have this fear. I get it from looking in the window at the Safeco building and seeing acres of insurance slaves working in tiny cubicles. I get it from seeing hundreds of people shoulder to shoulder for hours at a time in the stands at Little League games. I get it from seeing Bellevue City Council members sitting next to each other at hearings. Those people could have germs too! We must be vigilant! Do you want to die from “the B’vue City Council Plague of ’07”? The time to prevent it is now!

So let’s just expand the law like this: if you see people closer than six feet to one another (the typical distance between unrelated tent city dwellers) and you think one of them has a cold, you have to report them, or you go to jail.

By the way, all but one of the Bellevue City Council members’ mamas got cooties.

Wednesday, March 23, 2005

Permission to Breathe

Let's make this entire column about Terri Schiavo!

Why not? Congress, which has nothing better to do, just devoted all of a weekend and part of a Monday maneuvering to pass a law with the exact title, "An Act for the relief of the parents of Theresa Marie Schiavo." The law directs that one specific federal court, the US District Court of the Middle District of Florida, shall have jurisdiction over one specific case, namely that of whether Theresa Marie Schiavo's life support should be curtailed.

The good news is that the court is only granted jurisdiction to determine whether Schiavo's existing rights under federal law have been or are about to be violated. In other words the court has been given jurisdiction, by an act of Congress, no less, that it already had! (Tomorrow they may pass a law directing you to breathe!)

The bad news is that the intent of the act is to bring the power of Congress to bear on this case, even though Congress has no legal power in the matter, and they know it. To that end the act specifically directs the court to ignore all previous rulings in this case. The court is also directed to ignore any ongoing litigation in the state courts. ("You're to breathe, citizen, but only through this tube… ")

Whoa! That's a nasty slap in the face to your silly Founding Fathers and their silly "separation of powers," isn't it? Who needs it, when we can just order some judge, anywhere we want, in any individual case we want, to pay attention to nothing but what we say. Ignore the man behind the curtain!

Congress to the judge: "Fifteen years of court fights repeatedly resulting in rulings in favor of Michael Schiavo? What, fifteen years of what? Listen to your Congress… You are getting sleepy, very sleepy, and when we snap our fingers you will wake up and rule that Terri Schiavo's rights have been violated."

And if the court refuses to obey Congress, like on the grounds that they can take their unconstitutional law and stick it where their heads usually rest, no problem. Congress can just pass another act "to relieve the parents of Theresa Marie Schiavo, again," this time in a different court. If that doesn't work, well I don't know, maybe they would have to get serious and pass a law that would actually legislate something, but they'll cross that bridge when they get to it.

All of this could have been avoided if ten or fifteen or better, twenty years ago, Congress had sat down and actually considered such situations and what they would want to happen in these sorts of cases. Then Michael Schiavo would not have spent fifteen years of his life fighting in state courts for something that Congress was just going to rule against, after all of it.

Oops, did I say rule? Is that what they're doing, ruling in this case? Gosh, no, they wouldn't do that, because that would be unconstitutional. They're just ordering a federal court to rule, their way, according to new rules that they just invented, in a long-fought pre-existing case.

Can you say ex post facto? But they believe they can get around that by a technicality: she isn't dead yet. So the "facto" hasn't happened. So they can still butt in, without regard for that little detail of the constitution.

Can you say bill of attainder? Again, they've got a technicality: courts have only interpreted the prohibition of bills of attainder to include such things as depriving specific people of life, liberty, or property in cases where Congress would intend to punish them. But the intent here is to deprive Terri Schiavo of her right to refuse life support in accordance with her own wishes (as determined by the courts) for her own good, not to punish her.

Hey, I got my outrage back!