Monday, September 18, 2017


That sounds pretty dumb doesn't it, but that is sort of what happened if you listen to the Clinton supporters.  They liked playing the woman card in both 2008 and 2016.

Remember "Obama Bros"?  And there is talk that the Barack Obama was a Kenyan Muslim began with somebody from Clinton's campaign back in 2008.

Given that the ad hominem attack is the sign somebody is losing the debate, we could indeed say Clinton lost before she even started running.


People need to ponder the significance of this picture since it pretty much sums up what is wrong with politics in the US.

While Hillary's running wasn't the main reason I voted Green, it was one small factor in that decision.

And it reflected that the current state of US politics is broken.  Hillary was the symptom, not the disease.

ANYONE who isn't aware of this and discussing what the real problem is can't really make an accurate statement about what went wrong.  So, they are going to say silly things like "misogyny caused Clinton the election", "Jill Stein and the Greens caused Hillary the election", or "Russians stole the election".

Even if all those reasons are total BULLSHIT.

The Fact is Hillary Clinton won the popular vote with 65,853,516 (48.5% votes) to Trump's 62,984,825 (46.4% votes), but lost in the electoral college by receiving 232 (43.1%) of the electoral votes to Trump's 306 (56.8%) votes.

That means the only thing which made Donald Trump president was the electoral college, an institution created by the US Constitution (Article II, Section 1, Clauses 2-4). 

I'm not sure who or where this was posted in a newsgroup, but it sums up the thinking of the Jill Stein voters:
So let play something out, if we vote for Jill Stein (which we will) and she gets enough electoral votes that it keeps either Hillary or Donald from receiving enough electoral votes to grab the nomination, then Congress will vote from the top three to be the next president. We all know how much both parties hate Donald and that they are to corrupt to vote for Jill. So who does that leave? So in all actuality a vote for Jill isn't a vote for trump. And if we get enough people to vote for her we will get a third party. If everyone voting fear because they are scared of Trump voted for Jill she would win hands down. Here is the true argument we should be telling the fear voters. And if no one gets enough electoral votes, we will then see in full view that it is rigged by the fact both parties will vote for her. So in the least a vote for Jill is a vote for Hillary, at most a vote for Jill is a vote for Jill. Either way we would at the least have a third party nationally recognized from now on. Lets push this talking point. I think it might sway the scared people into voting their conscience knowing Donald won't get the presidency.
I know that my reasons for voting for the Green Party relate to a broken system: and not anything else.

See also:
Why Electoral College wins are bigger than popular vote ones | Pew Research Center

Thursday, September 14, 2017

United States v. Cruikshank 92 U.S. 542 (1875), the "lost" Second Amendment case

The Second Amendment part is short, very short:
The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendments means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government.
One would have to say it is cryptic. At least on first glance.

But, it is quite pithy.  Why would the Second Amendment right only mean that the "right to bear arms is not granted by the Constitution"?  Why is it that the right granted " shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government"?

Presser v Illinois, 116 U.S. 252, 6 S.Ct. 580, 29 L.Ed. 615 (1886), discusses Cruikshank, but it doesn't really go beyond what was said above.  Like McDonald, Presser was looking into the application of the Second Amendment to state law, but it came up with different results altogether.

Maybe because the Second Amendment right only relates to Congress' power under Article I, Section 8, Clause 16:

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
This would mean that the first three US Supreme Court cases ALL said that the right related to this power.  Or as US v Miller, 307 U.S. 174 (1939), stated:
The Constitution as originally adopted granted to the Congress power- 'To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.' U.S.C.A.Const. art. 1, 8. With obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.

The Militia which the States were expected to maintain and train is set in contrast with Troops which they were forbidden to keep without the consent of Congress. The sentiment of the time strongly disfavored standing armies; the common view was that adequate defense of country and laws could be secured through the Militia- civilians primarily, soldiers on occasion.
The emphasised portion demonstrates that Scalia was correct when he said that Miller was not helpful to his analysis. Prior Supreme Court cases found that the right related to militia efficacy, not private arms or self-defence. Scalia was correct, the case law and precedents of the Court as stated in Cruikshank, Presser, and Miller totally contradict the Heller and McDonald decisions.

By the way, Justice William O. Douglas, who was on the Supreme Court at the time Miller was decided, glossed Miller in his dissent to Adams v. Williams, 407 U.S 143, 150 -51 (1972).

McDonald was an absurdity which I am amazed four justices could tolerate, but it probably came about because the sentiments of the time are to rip the Second Amendment from the constitutional framework of providing for the common defence.

The US Constitution is silent on the topic of self-defence. Expressio unius est exclusio alterius.

Anyway, one of the many failings of the gun control side in the Heller debate was its failure to rely on stare decisis since SCOTUS's case law was on board and most of the primary sources support the "civic right" interpretation. Now, we are stuck with two bad legal decisions from a high court to cause mischief. Fortunately, Heller-McDonald was limited, but there is more than enough case law to show "well-regulated" means under strict control (including USC art I,sec. 8, clause 14).

Monday, September 11, 2017

What about the parents?

DACA is Deferred Action for CHILDHOOD Arrivals, which makes me wonder what about the parents?


First off, the parents of these kids are the ones responsible for the kids' lack of proper immigration status, but more importantly what is the status of the parents?  I think it might be safe to assume that the parents are also unlawfully present in the US.

Let's toss in that these caring parents have chosen a path which could lead to the children being deported and barred for anywhere from five, ten, or 20 years, and in some cases, ever being able to return to the U.S. at all. Not to mention that is could mean NEVER becoming a US citizen.

Why isn't that being discussed?

So, we are supposed to feel sorry for these poor children who came here unlawfully because mommy and daddy weren't willing to obey the rules.  The kiddies are being snatched from a nation where they don't have a legal right to be (immigration is a privilege, not a right).

And families are being broken apart.


But if the parents are being deported, shouldn't the children as well?

Anyway, I would rather have someone like Abdi Iftin or a few hundred thousand Rohinga Muslims who are willing to follow the rules enter the country than allow someone who should be barred from citizenship according to US law to be fast tracked into citizenship,

Saturday, September 9, 2017

Wasting votes

I find it odd that people who claim to be liberal and believe in democracy would demonise people who vote third parties.  Especially since that is pretty anti-democratic and authoritarian behaviour to persecute people based on their political leanings.

One of the allegations is that somehow I "wasted my vote". Now, let's look at the result of the 2016 election.

Not the big 306 "votes" for Trump or the 232 "votes" for Clinton, but the real numbers representing the popular vote.

The Fact is Hillary Clinton won the popular vote with 65,853,516 (48.5% votes) to Trump's 62,984,825 (46.4% votes), but lost in the electoral college by receiving 232 (43.1%) of the electoral votes to Trump's 306 (56.8%) votes.

The fact is that the Electoral College is really where votes count, not the popular vote. But there is distortion even when the popular vote sort of aligns with the Electoral College results.

The problem is the anti-democratic Electoral College is not being discussed with all sorts of other silly theories being bandied about.

But, the bottom line is that Hillary Clinton won the popular vote by nearly 3 million.

Maybe my one vote might have changed the result, but the fact is that is not likely given the nature of the Electoral College.

I should have mentioned that one of the many attractive points about the Green Party is that it was talking about meaningful election reform.  They were also talking about how the duopoly has hijacked the elections. This hijacking is so bad tha the League of Women Voters withdrew its sponsorship of the presidential debates in 1988 because the demands of the two campaign organizations would perpetrate a fraud on the American voter.

But neither party is discussing the real result of the election, which is that Clinton won.

Personally, I know how I felt in 2000 when Gore won the popular vote only to be stripped of the victory by the US Supreme Court stopping the recounts

I don't regret the way I voted and would still do it again knowing the outcome.  In fact, I feel sorry for the people who appear to not realise that the loss was in the Electoral College, not the popular vote.

I think the people who voted for Clinton are the ones who wasted their votes this time.  And they will keep wasting them until real election reform becomes an issue. 

And one of the most important reforms is getting rid of the Electoral College.

So long, and thanks for all the money.

OK, I knew that one of the anti-DACA talking points was BS: that unlawfully present people do not pay taxes.

They do using something called an Individual Tax Identification Number (ITIN). The ITIN is a tax processing number issued by the Internal Revenue Service (IRS) to ensure that people, including unauthorized immigrants, pay taxes even if they do not have a Social Security number and regardless of their immigration status.

The ITIN doesn't grant any sort of immigration status, but many immigrants have them. 

The ITIN is a nine-digit number that always begins with the number 9 and has a 7 or 8 in the fourth digit, for example 9XX-7X-XXXX. It seems to be it would be obvious if someone is trying to work without proper authorisation to the immigration authorities doing a record check.

A lot of countries levy a fine against people who are unlawfully present.  Any funds paid should be considered a penalty for failing to properly comply with immigration status.

So long, and thanks for all the money.

 See also:
 The Facts About the Individual Tax Identification Number (ITIN)

Friday, September 8, 2017

More DACA Bullshit.

As I said in my last post, I am not anti-Immigrant and I believe in free movement, but one needs to follow the rules. I don't give a shit where the unlawfully present immigrant comes from--they are not present with legal authorisation, they should expect the consequences.

Next. The rule of law means that the law applies to EVERYBODY EQUALLY.  Somebody breaks the law, they should expect the consequences.

Secondly, unless you are a citizen: entering and exiting a nation is not a right, it is a privilege.
The admission of aliens to this country is not a right, but a privilege, which is granted only upon such terms as the United States prescribes.  338 U. S. 542.
I don't get where the fuck people who are not US nationals (or the nationals of any other country) think they somehow they have a right to be in a country where they are not citizens.  The BREXIT thing is showing that the right to free movement can be lost by non-citizens who had a right to free movement.

So, I really don't get people who are unlawfully present somehow believing they have an entitlement to remain in a nation.  Pretty much all the nations in the world will deport: some impose criminal penalties before deportation.

And don't get me into the Palestinian situation (short form: I think people should STFU about supporting US illegals until they step up to the plate and support Palestinian right of return).

So, unless you are a citizen of a country--don't expect to have a right to reside in that country.

The US has been pretty nice to its unlawfully present aliens, but it looks as if the undocumented are now getting a nasty surprise. 

The dream was actually a nightmare.

I don't get DACA and its supporters.

OK, lets start with the silly "people can't be illegal" argument.

It's not the people who are "illegal"--it's their lack of proper immigration status (i.e., tourist, resident alien, or what I am going to call "citizen candidate") that is illegal.

Sorry, I am all for immigration and free movement, but fuck you if you aren't going to live by the rules.  You took your chances, you live with the consequences.

Some illegals pay people smugglers as much if not way more than they would pay a good immigration lawyer. Really fuck them. And I say that for a lot of reasons. The people smugglers are serious criminals.

There are more than enough people out there who are willing to follow the rules, no matter how difficult, to immigrate that I don't have a lot of sympathy for people who want to bypass the system.  As I said above, You took your chances, you live with the consequences.

Deferred Action for Childhood Arrivals (“DACA”) doesn't grant any real immigration status, it just defers the deportation status.  These people could be, and now are, being threatened with, or possibly, deported.

The worst part about DACA is that children are being used as pawn in the debate. One trick in propaganda is to use emotions. And what tugs on your heartstrings more than some poor little kiddie whose parents brought him to another country in violation of the law, but has somehow assimilated enough so that returning to their native land would be a "hardship".

They have gone on to:
"Did you know this about DACA recipients: 95% are working, in college or have joined our military, 48% got a job with better working conditions, 90% got a driver’s license or state ID and 12% were even able to buy a first home."
"Joined our military"--that sends bells ringing in my head since the US Military is SUPPOSED to check immigration status--and DACA recipients AREN'T US CITIZENS, they aren't even on a path to citizenship!

I know of at least one case where a woman "self-deported" because she couldn't get federal college funds.

Something stinks about all the pro-DACA reporting, but I can't really put my finger on it.  I think Breitbart did, but unfortunately they are considered unreliable.  I would need some sort of unbiased verification of that story to really cite to it.  My personal inclination is to think Breitbart is onto something.

The problem is that this seems to be a big smoke screen to me for a lot of other things related to immigration policy.  The usual hard questions where the debate is being done in the dark because people are being lied to.

See also
Open Borders: Human Smuggling Fees.
DACA (Deferred Action for Childhood Arrivals) - Immigration Equality
Raised in America, now back in Mexico: 'The country I loved kicked me out'
Billionaires Petition for Cheaper Workers, DACA Amnesty - Breitbart