05/3/12

The History of History

Washingto Making History

 I made an inexplicable blunder in this post. The Federalist Papers were, of course, written by Alexander Hamilton, James Madison and John Jay. My apologies. Tom Paine wrote Common Sense…which I clearly lost here somehow.

There is an immutable fact about history – if you weren’t there, if you didn’t personally know and speak to the history makers, you can have no irrefutable, complete evidence of their intent.  You can know concrete things, like dates. You can read treatises written by the historical participants and get some insight into what they were thinking. “Experts” can fill in some blanks. But at some level you can’t know, beyond a shadow of doubt, everything they thought, and more importantly, why.

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08/24/10

The Non-Ground Zero Non-Mosque Mosqueteers

Exploding Head

EXPLODING HEAD - All this arguing by a bunch of hot heads is getting the country nowhere.

OK people, let’s calm down! Let’s just stop all this mosqlitizing and use a little common sense for a moment, shall we? Don’t make me turn this country around.

At its heart, the Non-Ground Zero Non-Mosque Mosque™  is a simple zoning application gone awry. If the gutted shell of that ex-Burlington Coat Factory sat almost anywhere else on Earth, the NYC Planning Department would be looking at how much traffic the place would generate and how many toilets to require per person. Instead, it’s caught between creating an international incident and/or sparking Civil War II.

What ever happened to the idea that governmental decision-making should be forced down to the local level? I mean come on, it doesn’t get any more local than a planning department.

There are literally dozens of places this kerfuffle could’ve been avoided, but as usual, many people were busy helping demagogues turn themselves into demigods instead of simply minding their own business.

Encouraging the Bullies
It didn’t take a brain surgeon to figure out that building anything remotely connected to Islam was going to be an uphill battle in today’s America. Of course, the Muslims could’ve simply opted to put their center somewhere else, but they’re under no obligation to voluntarily abandon their Constitutional rights. Although they shouldn’t be surprised at the blowback either. And quite frankly, giving in once they started down this road would’ve been a mistake anyway. There is no better way to encourage bullies than to back down from them when threatened.

As for the anti Mosqueteers, they seem to have bought into this newfangled delusion that the Constitution is up for a vote whenever you don’t like something.  To hear them tell it, if Muslims want to erect a religious venue the Constitution cannot be allowed to stand. However, if the Baptists want to nail the 10 Commandments to every flat surface in the Republic, it’s a Constitutional right. I’m not sure if this is a terminal case of disengenuosity or a complete inability to recognize irony when it bites them on the ass.

Ground Zero used to be two gleaming towers of steel. A brace of buck-ass krazy kamikazes turned it into a smoking hole in the ground. Many people (not Christians or Muslims or Jews or Atheists, or Druids… just plain folks) died. It was a horrific thing, especially if you had friends or family there or were just coming out or the subway as the towers fell.

When Lunatics Run Amok
But as bad as it was, bad things happen when lunatics run amok. As much as Commander Mission Accomplished would’ve like you to believe there is a “war” we can “win”, it just ain’t so. The best we can do it mitigate the problem by taking reasonable counter measures – duct tape, roll-plastic, and MRIs for airline passengers need not apply.

When the Japanese bombed Pearl Harbor, Americans were pissed. They looked upon the wreckage-choked harbor as a hallowed place where the nation could focus in an attempt to never let such a tragedy happen again. Today, tourists from across the globe, including a hefty number of Japanese, come to visit the place with cameras in tow and leis on display. The place is no less hallowed because of the gauche tourists and would be no less hallowed if a Shinto shrine went up.

In essence, both places are geographic spots on a map. Soil is soil. They are special because we made them special. They are hallowed because we all agreed they are hallowed. The point is that when someone from the opposite side of the policitical or religious spectrum agrees with you, shut up and stop arguing with them. You’re on the same side!

If not, we’re no better than those krazy kamikazis. If there is a war to be won or lost, it will be decided over the idea that crazies can knock down some expensive real estate and we will willingly make ourselves more like them.

After all, that was exactly their intent.

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08/5/10

Voting Out the Constitution

Do Unto Others

DO UNTO OTHERS - If the anti-gay zealots don't like the Constitution perhaps they should read the Bible.

People usually remember the 1960s as a time of great strife over civil rights. If you were alive back in the day, the images of police dogs ripping into lines of civil rights marchers or white-sheeted thugs dancing around a burning cross is still a chilling thing and proof that America was indeed going through wrenching social change.

Many would also like to believe that the country has made great strides in the interim, and we have. But, there’s more to accomplish and the nation now finds itself spending much of its energy on fighting to simply hold onto the advances already made. Civil rights advancement is now threatened by organizations and morally dishonest politicians bent on carrying us back to 1864.

Yesterday’s decision to strike down California’s Prop 8 anti-gay marriage law was sound. The judge did an impressive job of listing all the factual and legal reasons – 80 in all – showing that the law is unconstitutional. An improvement to celebrate, but also an event that highlights anti-civil rights crudaders’ thinking.

Tim Wildmon of the sarcastically named American Family Association reacted with shocking vitriol, calling the court’s decision, “a tyrannical, abusive and utterly unconstitutional display of judicial arrogance.”

Wildmon Is Has a Queer Notion
Wildmon believes one of the principles at stake is ignoring the California voters, which he sees as unconstitutional. In doing so, Wildmon – who uses the 10th Amendment as a fig leaf himself – introduces the queer notion that the Constitution is up for a vote whenever you don’t like what it says.

Liza

LIZA WITH A 'Z' - What more need be said?

Similar to the rabble rousing for amending the 14th Amendment in the immigration battle, what Wildmon is proposing is that the Constitution – designed to be difficult to amend – should change to bend to the will of the latest ideological blowhard to come on the scene.

Mr. Wildmon, I ask you…if Californians voted to outlaw heterosexual marriage would you express the same fondness to the validity of their vote?

Wildmon also believes the “tyrannical and abusive”, Bush-the-Elder-appointed, judge should have recused himself from the case.

“It’s also extremely problematic that Judge Walker is a practicing homosexual himself, ” Wildmon said. “He should have recused himself from this case, because his judgment is clearly compromised by his own sexual proclivity.”

What I find “problematic” about Wildmon’s charge is that he is exhibiting his  own “proclivity” to act as a heterosexual, homophobic, quasi-religious leader. In other words – or more correctly Wildmon’s – “[Wildmon] should have recused himself from this case, because his judgment is clearly compromised by his own sexual [and religious] proclivity.”

I suspect the only judge Wildmon would find acceptable is an ordained Christian minister with a demonstrated track record of ignoring the Constitution in favor of a Christian Sharia-like theocracy – or a teabagger – whichever pinhead stepped forward first.

Americans are becoming increasingly unfamiliar with the basic tennents of the Constitution.They apparently believe that any hot head’s cause can simply be enacted by a simple vote. The Constitution is not the “McConstitution”. You can’t vote cheeseburgers off the menu because you don’t like them.

They believe that if there is a “war” on, the President, under no one’s authority other than his own, is permitted to suspend the Constitution’s guarantees against warrantless search or to hold prisoners indefinitely without charge.

Many Americans believe that the Constitution guarantees them freedom of religion, but also support depriving anyone other than Christians (they’re aren’t too hot on the Catholics either) of their similar freedom. Don’t like mosques too close to your shrine? Protest and file suit as Pat Robertson’s minions have done, but don’t be honest enough to mention that if it had been a Christian church you would’ve been praising the idea like it came from, well, God.

From Constitutional Ignorance, Instability Flows
From Constitutional ignorance, great instability flows. Unfortunately, those with such beliefs fail to see the unintended blow back from their muddled position.

Teabaggers and their similar-thinking ilk, like to wear tri-cornered hats and screech about keeping Big Gummint off their backs. If allowing someone to marry the person of their choosing is too much government involvement, then why isn’t government being on a gay person’s back equally bad?

Bush the Lesser did much to chip away at many civil rights during his reign and in areas like the conduct of our misbegotten wars and gay rights,  The Messiah™ continues walking the same swampy path.

One day, the blow back from their actions will come to haunt them and the people who cheered them. One day an administration will take office that isn’t so tolerant of their cavalier positions and decides to warrantlessly tap their phones, close their churches, or collect deep background on twerps like Wildmon.

And when they do, they’ll claim the same Constitutional protections because they changed the Constitution to allow it.

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02/1/10

When ‘Activist’ Judges are a Good Thing

SCOTUS, WTF? - It's apparently obvious to everyone except the Supremes.

SCOTUS, WTF? - It's apparently obvious to everyone except the Supremes.

Much was made of Justice Samuel Alito’s silently mouthing off after Barack Obama called the Supremes out on their decision that corporations and unions are allowed to spend freely on campaigns. As slights go during the complex kabuki of a SOTU speech, it was a tepid thing – certainly more respectful than a Wilsonesque “You lie!” from the peanut gallery. However, what he mouthed is nowhere near as important as the actions he took.

Obama depicted SCOTUS’s decision as wrong-headed and an example of “activist” right-wing jurisprudence, which isn’t technically true. The century old decision to grant corporations First Amendment rights was the real activist crime and the Alitonistas are simply following that precedent arc to its logical conclusion.

The problem is the Constitution said nothing about organizations or corporations having First Amendment rights then and still doesn’t now.

I’m sure a smart lawyer could argue the Constitution grants those rights to corporations if you read between the lines, Nevertheless, I can’t see how anyone could argue it is in the spirit of the Constitution or isn’t a very undemocratic, impractical decision.

Because companies control heftier purse strings than individuals do, they have an unfair advantage in the public square. Money buys megaphones individuals can’t buy alone. Even if individuals band together to raise money – a counter-individualist thing to do – they’re hard-pressed to ramp up as fast as a corporation with money already in the bank and has already been spending heavily on lobbyists outside of the campaign milieu. They’d also have to raise that money either from the great unwashed (whose economic livelihood is largely controlled by corporations) or from wealthy individuals who usually can say their peace from the corporate pulpit as well as the personal soapbox.

The ill-advisedness of handing corporations First Amendment rights equal to or greater than individuals is evident in our current political arena. Lawmakers bought and paid for by businesses guarantee there will be more corruption than not. It guarantees that in a world dependent on mass media – much of it controlled by corporations also spending on the campaigns they cover – contrarian positions are whispers at best and muzzled at worst.

I’m not totally blind to the business side of this issue, companies need to present their ideas. However, the predilection of administrations to reach deep into the private sector for high-level appointees and getting meetings with the movers and shakers can be possible without greasing palms with Chevron 10W40 oil. If corporations have First Amendment rights then let them be equal. Let them stand in line with the rest of us and depend on the persuasiveness of their arguments to guide legislation.

Obama was wrong when he called the Supremes “activist, but he raised a good point.

Maybe it’s time for some activist judges to right this wrong.