Saturday, August 20, 2011

Rick Perry: An Analysis of Intention

This is a really nice example of chutzpah (my apologies to my Jewish readers if I spelled that incorrectly; comment on it and I'll change it): 7 Ways Rick Perry Wants To Change The Constitution

Source: Yahoo

Coming right out and saying you want to change the Constitution is about as bold a move you can make politically in the U.S. If "America" is a religion, then the Constitution is most certainly its Bible. It's not that people believe its unchangeable; it's just that historically the U.S. has taken great pains not to modify the document. Prohibition is perhaps the best example of why Constitutional changes should not be entered into lightly.

I also want to note that for the most part what Perry is suggesting is unattainable. To get 3/4 of the country to agree on anything would be a miracle, one that could possibly justify Perry's anti-abortion and anti-gay-marriage stances. Short of that, he is nothing more than a politician who wants more power located in places he can control.

With that said, I'm going to focus on the following three issues Perry wants to change in the Constitution, and I'll explain why I think it's a really BAD idea.

1. Abolish lifetime tenure for federal judges by amending Article III, Section I of the Constitution.

2. Congress should have the power to override Supreme Court decisions with a two-thirds vote.

4. End the direct election of senators by repealing the Seventeenth Amendment.


I put these three together because they work at the same root concept: the equal distribution of power between the legislative, executive, and judicial branches of government, and their accountability to the general public.

It also highlights one of the biggest, clearest examples of cognitive dissonance I've seen out of the GOP in a while (even including the whole "90% of what Planned Parenthood does is abortions" shenanigans).

On the one hand, he believes that Article III should be altered so that federal judges' tenure is reduced from lifetime. The article states that judges "shall hold their Offices during good Behavior", and it is this line that Perry takes exception to. He suggests that this gives too much freedom to judges to do whatever they want without the possibility of consequences. By removing lifetime tenure, Perry states that judges can be made more accountable to the general publlic.

What's wrong with this: The judicial branch is meant to be a check against the vagaries of the people, a long-term viewpoint that is badly needed in these myopic times. At any given point, the opinion of the majority of the country can change at any time. One year, we may elect a Congress that would repeal Roe v. Wade; the next year, an entirely Democratic Congress works to restore those rights.

This is what the founding fathers were trying to avoid; instead of actively working towards progress, the government would be stuck trying to "undo" everything the last Congress did. If this weren't the case and Congress could be trusted to leave something alone once it's resolved, Roe v. Wade wouldn't still be on the table. Bottom line: Nothing would get done if the federal judges could change according to the will of the people or the will of Rick Perry, which is what I suspect the true motive is here. If Perry could guarantee that he could appoint the judges he wanted to, then he could accomplish all of his goals. By attacking the lifetime tenure of judges, he is redirecting focus from his issues and forcing judges to justify their tenure.

Source: Wikipedia

His second point involves a much subtler but revolutionary idea: Perry believes judges are not to be trusted. Judges ideally are impartial, looking at the law and the facts, and occasionally attempting to look at what the lawmakers might have "intended," though all involved know it's no better than any other form of speculation. By removing the ability of the Supreme Court as the final say of the land and allowing Congress to override judicial decisions, Perry is insinuating that the judges are no longer capable of being impartial. The wide-reaching implication is that no judge can be trusted to be impartial.

I fail to see how this accomplishes anything other than throwing the courts open to far more criticism than they already encounter, and taken to an extreme, this could be kindling for a heated battle between judges who are simply trying to do their jobs, and the people who no longer trust them to do it. If judges cannot stand as an (admittedly inadequately) impartial, trusted opinion, who will? Mr. Perry? Who does Perry suggest could fulfill the role of impartiality?

I believe igniting social anger and sowing distrust is more what Perry is intended, as Congress already has the power to override judges in every single instance exception Constitutionality; just change the law. Feel the judge is stepping to far? Amend the Constitution. There are methods for this, and when federal judges have proven insufficient in protecting the interests of the U.S., Congress has amended the Constitution as needed (see 14th and 19th amendments, for example). This isn't enough for Mr. Perry.

On the other hand, one of the core issues leading to the Revolutionary War was representation in government. The ability of the citizens to directly elect the officials who will make policy that affects them is a core belief in the United States religion. It is the role of Congress to make the law, the President to enforce it, and the Courts to interpret it. Two of those three branches are in some way elected by the people. But Rick Perry, while on the one hand advocating for more direct accountability in federal judges, actually argues for less direct accountability of Congressional Senators. Not only that, but he wants state governors to be able to appoint the Senators. Why is this important? Because Mr. Perry was a governor. About as clear a case of supporting policies for self-interest if I've ever seen it.

So, Mr. Perry wants the public to distrust the judiciary AND give up its right to elect Senators directly while at the same time allowing said Senators (elected by State governors) to override the judiciary.

Interesting.

However, even the village idiot can give good advice. I do think the federal income tax should be scrapped, but I think it should be scrapped in favor of a tax system that more adequately furthers the interest of the country, such as instituting an Unlimited Savings Allowance tax. This tax system would be more about behavior modification and manipulation (yes, I'll say it outright) than about income and revenue. By encouraging good money policies, you can help protect the country against a third Depression. Considering Perry is running for President, I wonder where he thinks he's paycheck will come from, if all taxes are abolished. He must have some idea of an alternative.

I'd love to read it; unless of course his ideas would be politically damaging, circumstances under which I would understand his reluctance to go public.

Source: http://www.viennava.gov/Town_Departments/
budget/budgetbrief.htm


I also agree with the requirement of Congress to pass a budget every year, but my implementation would be a little different. If the government fails to pass a budget, a new election is called. After about the third election, the DNC and RNC would be so poor that they'd be forced to work with each other, or we would finally elect a mix that would get the job done right. Like people, politicians are motivated by their pocketbooks and a quest for power. Affect their bottom lines, and they'll do their jobs. I disagree that the budget always needs to be balanced; there are times (such as now) when going into debt makes sense in order to help the country get out of an economic slump. The trick is to then roll back spending in good times and bank the surplus.

I also differ from Perry in his exception in times of war; it's simply far too easy for a President to declare "war" (officially or not) and get spending restrictions waived. I wonder which country Perry was thinking of invading.

By taking a closer look at the language Perry has used, we can see how Perry's language relays where he thinks political power should be located, and the role of the U.S. public in electing the people who make and interpret policy.

Wednesday, August 17, 2011

Girl Expelled, Forced to Apologize For Being Raped. . . Twice

WTF??? Girl expelled, forced to write note to apologize for accusing boy, who plead guilty, of raping her. . . twice.

Please send e-mails and letters and phone calls to display your disapproval:

Vern Minor - Superintendent of Republic School District:
E-mail: vern.minor@republicschools.org
Phone: 417-732-3605
Fax: 417-732-3609
518 N Hampton
Republic, MO 65738-1323

First off, let me request that if anyone knows of a fund to help with this girl's legal fees, I will gladly advertise for it. This little girl needs everyone's help.

Secondly, I cannot adequately express my rage, except to say that I know that the angrier I get, the more syllables the words I write tend to have. I. . . You know, there are a few things I would like to add the list of crimes that qualify for the death penalty. The boy who raped her, and the people who have subjected her to this, both deserve that punishment. This is inhuman beyond reason. I would like to see the death penalty for all involved, but unfortunately our country does not place a high enough value on human dignity and quality of life, only the quantity.

Third, we didn't seem to be satisfied when the GOP attempted to redefine "rape" as only "forcible" rape, so now we are attempting to redefine rape as a "public display of affection." It amazes me the level of cognitive dissonance this requires.

Fourth, and the worst possible offense, is that these are women who are putting the girl through this. How can we as women expect to regain complete equality with men when we are so focused on putting our sisters' through this level of pain? We are destroying ourselves with this. Why are we so lacking in compassion these days, and instead insist on kicking everyone who is already down?

I hope there is more to this story. I truly encourage the truth to come out, if there are any lies to this. I would like to be wrong. But if not, then I sincerely hope that we as a culture descend upon these administrators like a plague of locusts and pester them until it is clear that this behavior is unacceptable in the United States of America. Freedom from rape is a fundamental human right.

#OpBART - Success and Failure

Backstory: BART (San Francisco's mass transit authority) shut down cell phone service during the protest of a recent killing of a homeless man. BART admitted that it turned off cell phone service to prevent the protest from going viral out of a fear of rioting. Anonymous took exception to this and organized several various acts of civil disobedience to show their anger. The most visible of these was a physical protest (the first for Anonymous) which resulted in several stations being shut down.

Source: http://www.indybay.org/newsitems/2011/08/16/18687809.php

I followed this live protest on August 15 as closely as I could via Twitter, ABC News, and a couple live video feeds from protesters on location. Ultimately, I'm not sure how "successful" the BART protest will be. Here are a few points where I think Anonymous went right, and where I think they (and protests in general) are going wrong.

Lack of Violence: SUCCESS
To the best of my knowledge, no one was hurt or killed during the protest. Police shoved protesters around, and vice versa, but no one ended up in the hospital (again, that I know of. Please feel free to correct me.) Overall, I count this aspect a success, as there was no copy-cat rioting.

Impact: SUCCESS
There is no doubt in my mind that thousands of people were made aware of and impacted by the protest, especially in light of BART shutting down four stations in response to the movement of the protestors. In this aspect, Anonymous successfully created a live Denial Of Service event. Denial of Service usually refers to the crash of a website; normally, this can be created when a website is flooded with visitors, but obviously hackers can do it as well with code. Also, BART made a major concession by shutting the train stations down as opposed to shutting off cell phone service, though this is mitigated by Anonymous's release of an Android app that allowed users to send messages without using the cell phone network. Even if BART had attempted to shutdown cell phones, it probably would not have hampered the protest much.

Media Coverage: NEUTRAL
Yes there was media coverage. No, not nearly enough.

Fighting For The Citizen: FAIL
This is one are where I think Anonymous failed its stated purpose. By causing the shutdowns of four stations, Anonymous inadvertently pissed off the very people they are purporting to fight for and essentially handed BART a perfect, anti-Anonymous PR campaign. How many thousands of commuters were stranded as the result of Anonymous's actions? Those people are probably bitter about the event, and leaving a bad taste in someone's mouth is never an effect way to campaign for your cause.

Possible solution: If you're going to cause a live D.O.S. event, come up with a plan to mitigate the effect on the locals. For example, why not ask every protester to bring extra cash with them, and offer to help pay cab fare for those stranded due to the station closures? Bring pamphlets with information on alternative transportation, especially the kind that BART can't profit from. Do not piss off the people you are trying to get on your side.

Making A Stand: FAIL
When police came in to start shoving people out of the station, I was excited because I thought "Here we go, we are going to see people take a stand for what they believe in." Boy was I disappointed. Instead of sitting down and making the police move them, the crowd meekly turned around and then wandered for hours on end. Anonymous made sure to provide information for legal counsel in the case of arrest, but they neglected to act in such a way as to force the legal system to deal with them. While I certainly don't want people hurt, tucking tail and walking away when confronted with what you consider to be oppressive is not going to effect the changes you are seeking - in fact, it rewards the very behavior Anonymous was trying to prevent. Have some ovaries, and next time force the system to deal with you. Do not let them think they can wave a piece of paper and you will obediently follow orders. Do we know whether or not that piece of paper the cops read from was legitimate? Or was it simply a flyer that someone scribbled a neat, official-sounding speech on as a scare tactic? Why should cops get warrants when simply saying they have one is enough to get people to do what they want them to do?

Possible solution: Set up a legal fund, and get people to sit down instead of leaving when a cop gets up in their face. "They can't shoot us all" was a rallying cry during the protest, yet nothing the protesters were doing forced the cops to do much more than stand there. If you believe in a cause, do not fear arrest. It will only serve to make you look better and them look worse. If you don't believe in a cause enough to get arrested for it, then you are as bad as the oppressors, because you allow them to draw a line in the sand that you won't cross.

In the interest of a balanced approach, there was also one major, glaring, epic mistake by BART:
BART trapped people inside a station after closure. This is a biggie, because no one is allow to restrict a person's movement without probable cause. I am very surprised Anonymous and others haven't picked up on this.

I hate to be nostalgic, but I miss the days of the hunger strike, the sit-in, the chain of people linked arm in arm that have decided that no, this power you cannot have. Like unions, protests have become toothless displays of mass exercise (I have no idea why protests seem to be stuck on this idea of marching; don't they realize you have to figure out how to get back to your car?). Would women have ever gotten the right to vote if protesters were not arrested and then maintained a hunger strike? Would segregation have ended if blacks had simply been too afraid to get hit with that fire hose? If you are going to draw a line, stand on it. Do not allow anyone to shove, coerce, or manipulate you off that line.