The Cheating Culture

The Cheating Culture is a website and book by David Callahan, and the following podcast outlays the depth of of the Kim Chee

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General Strip-Search, are you secure?

I encountered two young veterans last week, as hot about the current violation of national security as I am.  They too remember taking the oath to protect and defend the constitution of the United States.  In all sobriety, I suggest the Supreme Court is forgetting that oath.   Last week’s news provides an example.

The Supreme Court rendered a judgement  in Florence v Burlington that it is OK to strip-search a person if they find themselves in prison, even if by mistake.   The Supreme Court decided that prison regulations trump the constitution in the above case, of a black man who was riding as a passenger in his wife’s BMW and the police  computer erroneously said he had a warrant out for his arrest, when he had already paid the traffic fine.

The judgement is pertinent in the context of the Occupy movement this spring  with many people seeking to assemble and petition their government for redress of grievances.   Those people are being intimidated by the law that they may be strip searched for engaging their first amendment rights.

The fourth amendment,  is explicit: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

It guarantees the right of someone, anyone, to be secure “in their person” from search unless served with a search warrant, signed by a judge naming whom is to be searched, and for what particular things, and stating the probable cause.  The founders included this to prohibit mass intimidation by any agency of law.   I pray you can get this very meaning from the words of the fourth amendment quoted above.  I hope you can commit those words to memory.  It could save you.

I believe that We the People can put these things together; we stand up to the Supreme Court and say:  “Black is not White!”    The people are not secure if they can be strip-searched for whimsy, or by mistake, and without probable cause.   The fourth amendment says as much!

I write this because I want people,  We the People, who give consent and tax money to be governed, to indeed be governed according to law of the land, the constitution as Article VI states.  (Not the law of some institution, be it the Burlington prison or the park service).  I write this so that we can know, and state our rights.   For if we do not stand up for them, they will go away…. as they seem to be doing, with judicial sanction before our eyes.

I refer you to the previous post if you have not read it.  It concerns the legal case, again before the Supreme Court in which President Obama wants a brand new power to be granted to the government, namely to compel people to make a purchase from a private company.    For one to read and understand the constitution, this seems an open and shut case, an argument I made.  But if we all sit back and expect the “experts” to decide, we are going the way of the Reichstag in the 1930’s.   The Germans are not, nor were they, a flippant people.  But by relinquishing their authority to the ‘experts’ they succumbed to a very dark leadership.

Hence, I ask that you write your paper, your Senator and mention to your friends the document that was begun with the words We,  is being countermanded by justices who took an oath to protect it.

The Law in Plain English, The Tenth Amendment and Obama's Health Care Case

Is the health insurance mandate constitutional?

‘The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.’

____ Tenth Amendment.     The US Constitution is clear as crystal.

I know the constitution, you may not; so let me simply explain: Health is not mentioned once and commerce only twice in the entire constitution, and each time it is about regulating commerce…  not mandating it.

If the Supreme Court were doing its job, it would have said as much.

Best to recall the words of Benjamin Franklin:    “A countryman between two lawyers, is like a fish between two cats.”

…and that, my fellow countrymen, is all there is.  The constitution does not compel purchases; nor will it.

The Business Model

I am with with the many who agree that to make money off of sick people is immoral.  To profit from sickness is itself sick.  You can make a living serving the sick, but not a killing.  That is our current format, called the business model.   Most counties including the 40 or more that are listed as better than ours in health care results, provide health care on the service model, not the business model.   You can seek out this information by searching ‘health care’ and OECD,  or  WHO.

The Service Model 

Providing health care on the service model in contrast to  the current business model would cut costs nearly in half.   What looks to you and me as cost centers if we are patients, are seen as profit centers, or at least competitive overhead by the health care business.   Look at what profit/cost centers would simply go away if we decided to select the service model for our health care:  Insurance profit, insurance marketing, large secretarial  and legal staff’s to deal with insurance denial/compliance/appeal/judgement and malpractice.  The equally huge secretarial offices in every medical clinic.  Gone would be pharmaceutical marketing and huge patent premiums that result from the intent to make money more than saving lives. Universities and foundations would still do research.  The motive would be to save lives though, not to ‘make a killing’.  The main thing that would be removed is the confusion of having all these systems, and the errors bread of that confusion.  Getting personal; the time lost  from this bureaucratic confusion, harms the patients physically, in my opinion, even worse than the costs which are humungous.  These costs are making the US uncompetitive on the world market.  Why?   Nearly twenty cents of every dollar we spend goes into this grinder.    This change would put nearly a dime into your pocket for every dollar spent.

In short, the health mandate is unconstitutional on its face.  The business model for health care is uncompetitive and morally corrupting and that expense cannot be ignored for it prices us out of the world market.   Thus we ought to put our health care on the service model.

The Law in Plain English, The Tenth Amendment and Obama’s Health Care Case

Is the health insurance mandate constitutional?

‘The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.’

____ Tenth Amendment.     The US Constitution is clear as crystal.

I know the constitution, you may not; so let me simply explain: Health is not mentioned once and commerce only twice in the entire constitution, and each time it is about regulating commerce…  not mandating it.

If the Supreme Court were doing its job, it would have said as much.

Best to recall the words of Benjamin Franklin:    “A countryman between two lawyers, is like a fish between two cats.”

…and that, my fellow countrymen, is all there is.  The constitution does not compel purchases; nor will it.

The Business Model

I am with with the many who agree that to make money off of sick people is immoral.  To profit from sickness is itself sick.  You can make a living serving the sick, but not a killing.  That is our current format, called the business model.   Most counties including the 40 or more that are listed as better than ours in health care results, provide health care on the service model, not the business model.   You can seek out this information by searching ‘health care’ and OECD,  or  WHO.

The Service Model 

Providing health care on the service model in contrast to  the current business model would cut costs nearly in half.   What looks to you and me as cost centers if we are patients, are seen as profit centers, or at least competitive overhead by the health care business.   Look at what profit/cost centers would simply go away if we decided to select the service model for our health care:  Insurance profit, insurance marketing, large secretarial  and legal staff’s to deal with insurance denial/compliance/appeal/judgement and malpractice.  The equally huge secretarial offices in every medical clinic.  Gone would be pharmaceutical marketing and huge patent premiums that result from the intent to make money more than saving lives. Universities and foundations would still do research.  The motive would be to save lives though, not to ‘make a killing’.  The main thing that would be removed is the confusion of having all these systems, and the errors bread of that confusion.  Getting personal; the time lost  from this bureaucratic confusion, harms the patients physically, in my opinion, even worse than the costs which are humungous.  These costs are making the US uncompetitive on the world market.  Why?   Nearly twenty cents of every dollar we spend goes into this grinder.    This change would put nearly a dime into your pocket for every dollar spent.

In short, the health mandate is unconstitutional on its face.  The business model for health care is uncompetitive and morally corrupting and that expense cannot be ignored for it prices us out of the world market.   Thus we ought to put our health care on the service model.

What Constitution?

The beauty of the constitution is that 99% of it is written in plain English. “[Only] The Congress shall have the power  to declare war…”.   or  “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”   and that is the law of the land, superseding all other laws.

Yet in how many countries are we bombing targets with our drones? Pakistan, Afghanistan, Somalia, Yemen, Sudan and perhaps more.   I ask you.   Is bombing an act of war?  Of course.   Is it an act of war if is a missile  is shot from a drone?   Same answer.   Have we declared war?  We have not been asked.

On seemingly another subject, there has been a trade show that recurred for five years called the Wiretappers Ball. It is by invitation only and the FBI, the Secret Service and many  other US agencies which are invited and purchase huge contracts from private wiretapping corporations.  These firms also sell their wares to Syrians who are using the internet  to tweet for freedom from repression.  This too is in abject contravention of the constitution quoted above.

But these two items make the same point.   We are accostomed to living in violation of the US Constitution.   There are hundreds if not thousands of other examples, but two  are sufficient. One affects your personal security, the other your national security.  We are paying into a lawless government.

How can we the people be secure in our houses, email and effects when our own government is funding the wiretapping industry?    How can we say No to war when we are not asked, when war has not been declared, or denied in 65 years?  Is war so informal?   Does no one think: ‘I wonder whose bombs are those blowing up my neighbors house and family?’

This is profoundly disingenuous. How do we get out of this, when the candidates running for President do not discuss this, or when the congress does not require simply this:   Follow the Constitution.

All our public servants have sworn an oath to do just that.

Constitution ruined by defense

The latest Defense Authorization Act #1867 due to be voted on Monday or Tuesday has a portion that grants this president – and every future president – the power to order the military to pick up and imprison without charge or trial civilians anywhere in the world.

The ‘King Clause’ *of the constitution states:

‘(Only) The Congress shall have the power to  declare war, grant letters of marque and reprisal make rules concerning captures on land and water.
(Article I, section 8, clause 11)
This makes 3 for 3.
• No declared war in 65 years.
• A letter of marque and reprisal is a privateer’s, or pirates’s license.
Over 100,000 ‘private contractors’ work abroad enforcing America’s will, sometimes fatally.  These ‘privateers’ require letters of marque and reprisal from the Congress, not that section of the Executive branch called the Department of Defense, NSA, CIA, etc.
•  Now the  Congress, (the word means ‘to walk upright’), wishes to defer its power to the Executive branch by law concerning captures on land and water.
Every legislator, judge, president and person of military service makes an oath to preserve and protect the US constitution.
The constitution must be altered by amendment. It  cannot be changed by statute.
Otherwise it is not a constitution, but merely a set of obfuscatory verbiage no different from the ‘laws’ under Benito Mussolini or Idi AMin.
That the Congress would consider offering the President of the United States power to kill, or ‘pick up’  at will anyone of his choosing is more a  comment upon the diminished character of the Congress than any reference to ‘law’, for it is in abject contradiction of the constitution by persons who have sworn to ‘protect’ it.
I say its consideration by Congress is an aspersion upon the American people. I have no understanding how a rational person could read the constitution and then surmise in any fashion that the president at will can seize anyone at will.
The Constitution begins with the three words “We the People”, notably not we the citizens, we the lawyers, we the supreme court justices, or any other exclusatory officious subgroup of what it takes to be an American.   It, however, assumes that that the humans referred have honor, namely that their words are in concert with their action.
The founders of this country were well aware of seductiveness of power and thus provided us with checks an balances to protect us All from its abuse, but those checks were made of words, and if words are not honored the constitution is a farce, the flag is a rag, and America, the United States of America, is mighty military force run by a gang.
*The ‘king clause’ of the constitution is so named because if ignored, the president is effectively made king, able to invade, plunder and kill at will and whim.
I hope it goes without saying that this is precisely why the founders created this sweet country in order to free themselves from King George.
If you have questions about the “(only)” it is inferred in the structure of the Articles of the constitution Article I reserves exclusive powers for the Congress, Article II for the Executive, and Article III for the Judicial branch.
yours
David Bean        Amendments 4 and 5 follow, should the text of the constitution be insufficient to convince.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Just a note:   the War referred to in the amendment above, of course is declared, as stated in the king clause.   War is not informal.   People and countries like to be informed who is dropping bombs on them and why.    That way, an end to hostilities can be sought.     Without such a declaration, it is impossible to come to terms…. as our continued stance with North Korea affirms.

Fourth of July Quandary

Yeah,  We are going through a Big Change and I bet you cannot make it.        But I dare you.
You see, I love this country and I think we are losing it.     Here is the Quandary:
Sure, we have a little financial problem, some persistent unemployment, a wad of debt, a war or two or three, (if you don’t count the assassination drones), and a decades old political stalemate that is really mated in stale, I mean really puewy stale, but that leaves out the failure of the people to fund the press and the failure of the press to cover the important stuff when funded only by commercial interests, a supreme court that thinks money is speech, two administrations that think the constitution is meaningless words, but the Big One, that big slow moving change that we all see and don’t want to admit, and is leaving muddy boot prints all over the future of our dreams:  global climate change: climate chaosYup, you are right and I know it too.   All the Republican Presidential candidates deny climate change as a point of pride.  “How the hell can you grow your way out of a depression, if you admit that the consequences of that growth would just make things worst?”   And what does worst mean?   Migrations of people seeking higher ground and, well, food.    No, not timid people,  desperate ones, wars.

Truth is, the Democrats are not much better.  While mouthing green jobs, and I have to laugh when they call robotics green  and  jobs, they too think the only way out of our recession is to manufacture more stuff.  Ah, efficiency. Democrats can only see growth as the answer too.

OK, maybe the case can be be made that since 82% of Americans don’t have passports, they would not know nor care that Australia had a flood the size of France and Germany put together.   Or that the Russian wheat crop failed. Well, Australia’s conservatives used to deny climate change too.  No more.   Will cyclone ally, or the Mississippi flood, or hundred square mile fires wake up ours?
Back in history at a point similar to now, FDR primed the pump.  He got young men working in the CCC camps instead of inventing a life of crime.  Sending money home.  Imagine that.  Our current stimulus envisioned a giant pump priming, thinking there was just one big pump: the banks.  Truth to tell they can just deal with money when it is moving, they don’t make it move, people do, real ones with real locations… on earth.  So how do we get real people in real jobs?, and that could be doing anything since only 8% of us work growing our food.  Planting trees, cutting brush and making trails worked in the 30’s and made kids into strong men with good values.   Kids today want to manipulate stuff with their fingers, because that is all that they have seen: manipulation, money for nothin’ and ever better remotes.  But I digress.
So these parties, the Democrats and Republicans cannot seem to find a lick of common sense among ’em.  Now Will Rogers had some.  He said, “The United States had two great friends…………..  the Atlantic and Pacific Oceans.”   I dare say he is still right even though we have spent TEN years traveling half way around the planet, fighting in the place called the Graveyard of Empires: Afghanistan.We are told by both parties it is for national security. Well my goodness, look at the map. Their neighbors are China, Iran, India and Pakistan.     Talk about a rough neighborhood far away.  Are we snookered or what.  For a decade!  What is this national security?  Domination of all places anywhere on the globe?   It seems to be of the same quality as anything that is  securitized. Even if we had a booming real economy rather than one based upon insurance, financial products and speculation on house values we could not afford that.   Darn.   I was going to dare you, not wheedle bout the thicket of our tarbaby mess.  Seems like I got off my trail.

The dare comes in to design a wiki, you know, one of those computer internet gizmos that allows a lot of folks to work together and figure stuff out.  I think the ancient Chinese saying says it best: “If we don’t change direction, we are bound to end up where we are headed.”  And here I think we need to put our heads together and not expect some celebrity to fix it.  We need change that is not a slogan.

Yesterday ( June 30th)was funny day, not ha ha, when the Greek and British peoples rioted in the streets because the bankers had the legislators renege on pensions, a lifetime promise in those countries.  It is called bait and switch.  In response the US stock market gained 150 points.  What does that say? It seems crazy to one like me.  Bet, we’ll see those same kind of riots in the US within two years time.   You have heard the bankers, haven’t you, complaining about all the greedy people.  Folks get funny when you revoke a life long promise. Not ha ha.
I’ll tell you this, people don’t like to get a screwin’, and there are at least 6 million Americans that have got a good one as the banks have foreclosed them out of their home to collect upon credit default swaps and bonuses.  And the screwin’s not done.  And the politics ain’t mappin it, and the press ain’t covering it, and well, that’s why I ask you to help design this wiki.Because without some meta thinking, some big creative thinking, we are going to have a big train wreck.  Our housing has already lost more than after 1929, and the Parties, if you can call them that are, Clubs are more like it, are still having a pissing contest.  Dumping the economy into the gutter…. simply by having the firm and stupid Republicans come to loggerheads with the firm (well, not really) and stupid Democrats about the debt and create here, just what we observed happening in Greece and Britain yesterday.

So I double dog dare you to figure a way out of this fix.   Or to figure a path to a way……. out.   And don’t tell me you are waiting for Elvis to lead the way.

yours,The Old Sodbuster.

Patriot Act Charade

Every single person inaugurated into elective office, all people who serve in the military, over six million of them,  swear to protect and defend the constitution.   It is a short document.  The very most important part of it personally, to you, and to me, is the Bill of Rights, without which the thirteen colonies would not have signed on to become the United States; not enough protection.   The most personal part of the Bill of Rights which are the first ten amendments to the constitution is the Fourth Amendment.   It protects You, a person.

The Fourth Amendment reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

In short it means you and your stuff are free, unless there is a search warrant signed by a judge with particulars stating where, who and what is to be searched and seized.

That was regretfully obliterated by the ‘lone wolf ‘ provision of the patriot act. The enemy needs no affiliation.   That means is could be you, or me, anybody.

Sorry, they say.   There is no law, The world is a dangerous place and we are here to protect you…. but forget the fourth amendment and all the millions of Americans who swore to protect it, and those who died thinking they were protecting it.

I have been too morose to post this.   I guess you could call it denial, the first stage of grieving.     I have a good carpenter friend who just lost his house.  Oh, and his family.   He got securitized out of his mortgage after eleven years paying on it.  I  feel I am losing my country.  I made the vow as I entered the Navy to protect and defend the constitution.    So did President Obama and all congressmen and senators now serving.  I repeat myself because I cannot believe all these people do not honor their own word.

What nudged me out of my stupor was when Miss USA was driven to tears by the personal violation by a TSA airport frisker.   Flying home through Dallas she had the ‘freedom of choice’ to get radiation from a new high powered airport scanner that virtually undress you and gives an unhealthy dose of radiation, or to be molested by a female TSA frisk specialist.  But that is for another post.

The P.A.T.R.I.O.T. Act was prewritten when 9-11 happened and was passed with the hysteria of that very dramatic moment, quickly.  It was not deeply considered then, nor by the congress  when it sunsetted a decade later, conveinently, Osama bin Laden had just been killed and a huge trove of intelligence was captured, and what responsible congressman had the political counterwieght to say “Stop Everything, let us discusss the Forth Amendment and the Patriot act.”  Few, the two Oregon Senators  Wyden and Merkley and Udhall from Utah, but not enough.  So the Patriot Act was extended without discussion another four years, fourteen years after September 11th of 2001.      Meanwhile, the population, especially those who travel by air, become habituated to being frisked for….. being in the USA.

And that is the latest from yourconstitution.   Honored, in the breach.

Patriot Act renewal shreds your rights

This from the New York Times:

“The deal to extend the powers(of the Patriot Act) without changes followed negotiations between the Senate majority leader, Harry Reid, Democrat of Nevada, and Republican leaders including the Senate minority leader, Mitch McConnell of Kentucky, and the speaker of the House, John Boehner.  “
  This was over the objection of Judiciary Chair  Senator Patrick Leahy and any civil rights group that has read the constitution, which the  Patriot Act shreds.
If you are happy with wire taps without warrant, and targeted assassinations, among other affronts.   Do Nothing.
If you are offended and recognize your rights are eroded by an act passed in the 2001 as 9-11 hysteria was at its peak..  then write your Senators and Representative. and demand that the Patriot Act  be allowed to sunset, as it was written.
I list the text of the Forth Amendment below to remind you of what many veterans have fought and died to protect, and what our leaders are now signing away: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. “
And what that means is no one can search your stuff, including papers, computer and cellphone without a search warrant stating what they are looking for.
Removing that, and you are subject to a shakedown by anyone with a uniform.
So write!

Shutdown the US government or Afghanistan. Which?

The US constitution requires that the Congress declare war. That has not been done in 65 years. Those Congresses that avoided that duty  are now impoverishing our future by waging war on the credit card.   We are spending more than we are earning.

The US government is facing being shut down in two weeks. Why? The Republicans demand a cut of $60 Billion, yet our debt is largely financed by China which increases our dependence. The request is not unreasonable.

The resistance from the Democrats comes from concern that cuts in social services will expand unemployment and will kill the fragile economic recovery. That too, is a reasonable concern.

What is unreasonable is that our annual “defense” expense is $651 Billion per year, or $2,100 for every man, woman, infant and retiree obligating them to pay for our (undeclared) wars. A family of four is obliged to pay $8,400 every year for this.

Our war in Afghanistan now has lasted longer than World War I, World War II and the Korean War combined, and to win what? To seize a criminal personality named Osama bin Laden.

The obvious solution is to declare victory and exit Afghanistan.   We do not need that territory. Ronald Reagan’s military chief Bing West says it is time to go. Ten years. Armies are good at killing people. They are NOT good at nation building. Why? They do not speak the language. Our soldiers are trained in shooting, not speaking. Different job. What are we doing? Shooting wood gatherers from the air. Engaging in a thousand night raids a month. We are generating enemies. Repeat: We are generating enemies. That is why we must stop, aside from breaking the bank.

To quote Defense Secretary Robert Gates. “.. Any future Defense Secretary who advises the President to again send a large land army to Asia, or into the Middle East or Africa, should have his head examined.” …. West Point speech, February 25th, 2011.

Unless we cut the counterproductive spending; we should have our head examined.