Beyond the Cusp

March 15, 2013

If We Save Only One Child’s Life

If We Save Only One Child’s Life

 

Senator Dianne Feinstein, President Barack Obama, Senate Majority Leader Harry Reid and the rest of the legions of gun-grabbers all have a love affair with the phrase, “If we save only one child’s life our efforts will be worth the time and trouble we spend fighting those Neanderthal gun-nuts.” There is the false claim that nobody needs these so-called “assault weapons” to hunt deer. There are two problems with this argument. First, no soldier in their right mind would take one of these so-called “assault weapons” into a combat situation when real assault weapons capable of sustained fire or burst mode are available thus the weapons in question are nothing like real assault weapons. Second, the Second Amendment is not about hunting or target shooting or any other recreational pursuit requiring firearms and these spiteful politicians know this full well but persist in lying hoping that we the people are ignorant enough to take their words for everything. Fortunately, many people have begun to wake to the real meaning behind the designs of the Constitution and the Bill of Rights. Most are also relearning the justifications and revolutionary concepts behind the Declaration of Independence. Some have even traced the ideas and ideals back through the political philosophers whose ideas were the inspirations behind much of the forming of the United States and have even traced the concept that man is a noble creature capable of self-rule all the way back to the Magna Carta. There are those who have also traced the concepts of individual liberty and that government is formed to serve the people and that those who rule, even kings and other nobility, are forbid to take treasure of any sort, not gold, silver, gems, horses, cattle or other excesses greater than any normal subject possesses which is contained in the Bible in Deuteronomy and other books. These people also have become aware that the Second Amendment was written to allow the people to restrict government whenever it became unwieldy and broke the original promises made to the people and instead began to be an oppressive burden. To this end the Second Amendment was written to allow the common people to own the same weaponry as was utilized by any who were in the service of the government including the military or any form of law enforcement. This little truth puts the lie to the myth of legal gun control in the United States.

 

Unfortunately, far too many citizens in the great lands of the United States have settled into a comfort where they prefer to allow the government to usurp many of the responsibilities which the Founding Fathers took great care in assuring that such power would remain with the people to the extent that the United States Constitution forbade the government these powers. But as the people came to live in great concentrations in large cities, even megalopolises, they no longer provided for themselves in the same manner as the founding generation. No longer do most Americans ever meet the farmers and herders who raise their food. They often do not even know the people who live on their block, let alone most of those who reside in their community and definitely not the entire city. They have become cogs in a large machine. With this change the people no longer know the people who represent them in the government, not even the city government who are supposed to be the closest government to the people and the one that most affects their lives. Reading the United States Constitution and the Bill of Rights and one realizes exactly what President Obama meant when he described the Constitution as a document of negative rights. He did not mean it denied the people of rights but that it forbid the government from growing or performing beyond strict limitations. The most striking evidence of this concept is contained in the Bill of Rights with the Tenth Amendment being the most glaring evidence of limiting the Federal Government. It reads, “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.” You probably could not find a better or more forceful way to state that the Federal Government is prohibited from exercising powers or jurisdictions beyond some strict limitations. The exceptions to the limitations are spelled out within the constitution and anything not listed there as a power permitted to the Federal Government or strictly forbidden for the States to perform, then the Federal Government may not exercise such powers. When reading the Bill of Rights you see that there are distinct rights listed which are granted to the people and the Federal Government is forbidden to curtail or limit these freedoms. Adding to the Tenth Amendment is the Ninth Amendment which reads, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This plainly grants that the rights of the people are limitless and beyond the power of the Federal Government to constrain, limit, or otherwise deny the innumerable rights which are granted to the people by the right of personhood. Such a powerful statement is one that was intended to warn politicians and public servants that they only held power at the permission of the peoples and the peoples did not have to turn to government for their freedom as it was theirs independent of the government and guaranteed by the Constitution and the Bill of Rights.

 

Some claim that the most powerful of the Amendments in the Bill of Rights is the First Amendment which contains five freedoms placed beyond the reach of government. The First Amendment reads “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” These rights allow the individual great amounts of personal power over their life and to express their beliefs and opinions free of government influences or limitations; express grievance with the government and expect the government to respond and correct or repair damages or other infringements; report news and political opinions without restrictions or censorship by the government; and lastly to assemble in pursuit of goals or activities free of government limitations. The rest of the Bill of Rights has more restrictions limiting the government from injecting itself or its limitations and restrictions over the individual or group of individuals. The problem which people had always faced in restraining government came about as the government always had held all the power over the people and the people were unarmed. The government having all of the arms could even act beyond limitations which were supposedly established on them by founding documents or other legal writings. This was the entire concept behind the Second Amendment, to arm the people as well and as powerfully as was the government thus making the people the equal and not the subjects. The phrase that has found favor with many supporters of the Second Amendment is a quote attributed to Thomas Jefferson which reads, “ When governments fear the people, there is liberty. When the people fear the government, there is tyranny. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” Now tell Senator Dianne Feinstein and President Barack Obama to leave our guns alone and simply inquire as to what part of “shall not be infringed” they do not understand.

 

Beyond the Cusp

 

February 25, 2013

Prisoners, Politics, Policies, Perceptions, Principles and Pardons

Once again the news is filled with denunciations, demands, pleas and outright indignations all demanding Israel release or commit to actions which will alleviate the reasons, conditions and complaints in order to mollify and end the hunger strike by Palestinian prisoners. It is not a new set of circumstance as this exact scenario has been played out before much to the delight and satisfaction of those who constantly call for Israeli surrender no matter the reason, situation or possible deleterious results which will be caused. The last time there were hunger-striking terrorist prisoners, we add the modifier terrorist in order to clarify exactly the kind of people and the reason for their detention as such is important, the world, or at least the Europeans and their cohorts from the left, made a set of demands with attached admonitions which revealed their duplicity. Now that the precedent and full consequences for particular actions have been established, this time around only the bald demand need be voiced as the rest of the limitations are understood. But what are the demands and the options the Israelis may utilize in addressing this situation?

The initial picture is a select number of Palestinians held due to their ties to terrorist activities. Some are under what is known as Administrative Detention, a charge left from the British Mandate legal system where those responsible for planning, arming, or other direct means of assisting terrorist activities were placed in custody for the increased safety of the peoples as a whole. Such incarcerations usually have an upper limit to the length of time such a prisoner may be held though there is no limit as to how many times they may be held or the frequency. Neither of these latter conditions applies to those currently involved in the hunger strikes and many of the strikers are imprisoned for actual terror acts. The one part of this entire affair which will never likely be explained are the limitations placed on the country or other administrative body under whose jurisdiction the hunger-striking prisoners are held. They are required to have a neutral physician determine the rationality and sanity of the prisoner and if they are found to be of sound mind, then they must be advised that their actions are harmful to their general health and could, if carried to its logical end, result in death. This is the limit in which the government may intercede concerning the hunger-striking prisoner. If the prisoner should expire as a result of their refusal of nourishment the state is not seen as being responsible. Should the state intervene and force-feed the hunger-striking prisoner, the act is viewed as a denial of the prisoners’ rights and such actions may lead to sanctioning the state. In a nut shell, Israel is left powerless to act in any manner to provide sustenance as long as the prisoner is deemed rational. So, if Israel were to force-feed any of the hunger-strikers, they would very likely find themselves charged with crimes against humanity as they would have denied the prisoner their human rights. If Israel followed international law and allowed the hunger-striker to starve and die, the firestorm that would follow would be beyond any such outrage ever before seen. That leaves Israel with only one option, to capitulate to the demands of the hunger-striking terrorist prisoners and release them to resume their organizing, assisting and implementing terror attacks against Israeli civilians. This is the unspoken desired result those protesting Israeli lack of actions in preventing the adverse effects of starvation from inflicting the hunger-strikers.

The real problem Israel is currently facing is a direct result of their former actions. Many, ourselves included, advised not to give in to an early release or any other demand made by the initial hunger-striking terror prisoners. This is not to say that Israel should have allowed the prisoners to starve themselves to death. There is a technicality which can be applied to make a kind of end-run around the noninterference clause within the applicable international law. The law states that if a prisoner should be determined to be in an impaired state of mind and possibly not fully cognizant of the imminent danger their actions are causing, then the prisoner may be hospitalized and fed. The only qualifying requirement is the documentation of their limited capacity by two neutral physicians. It is highly doubtful that two such physicians could be procured to make such a determination and thus allow Israel to address the threats of prisoners starving themselves to death while not surrendering to the demands for release or any other demands. No doubt Israel would probably be called to account for their actions for feeding terrorist prisoners against their declared intentions and will to starve themselves to death in order to bring condemnations upon Israel. It is not too late for Israel to implement this method for addressing such protestations in a way which will blunt the indignations from the world’s busybodies while also rendering hunger-strikes as an ineffective ploy robbed of its impact and denying the intended result. Sometimes it becomes dizzying witnessing the lengths and depths many in the world will travel simply to condemn Israel.

On another front of this situation, Israel should refuse to allow any advantages to come of not only the hunger-strikers but also those rioting and attacking security forces in supposed support of the hunger-strikers. We say supposed support as it is a relative call as to how much of the current increased violence is directly due to the prison hunger-strikers and how much is simply instituted in order to attempt to interrupt the joys and revelry associated with the joyous Purim celebrations throughout Israel this week. If Israel were to react with panic and surrender to increases in violence perpetrated by the Palestinians, the result would be a never ending spiral of increased violence. This has been the exact reaction to apparent Israeli restraint in the face of violence perpetrated against her citizens in the past. When Israel attempted to simply wait out increased violence of previous intifadas instead of mobilizing and restoring order; their lack of action was perceived as weakness and resulted in more violence, increased destruction, higher death toll, additional casualties and a greater intervention in order to restore order and calm. Each time Israel has appeased such pressure tactics such as these hunger-strikes which are coordinated with allied NGOs, leftists, and other anti-Israel and anti-Zionist groups and governments, Israel has simply guaranteed more similar actions with ever increasing demands attached. In every instance where some act was initially met with Israeli compliance and surrendering before coordinated world demands, the action would be repeated and escalated with demands eventually surpassing even the ability of the most permissive and tolerant of Israeli society to agree it was necessary to meet the demands in the hopes of restoring peace and order. This use of escalating threats tied to ever increasing demands has become the normal operating procedure of the Palestinian Authority with its preconditions, Hamas and their rocket barrages and has even spread to the anti-Zionist allied groups in Europe, the Middle East and world-wide. Since Israel gives in to some minor action and continues to capitulate through numerous and ever-increasing escalations; whenever Israel finally refuses and takes whatever actions are necessary to restore order, the result is the same calamitous cacophony of shrill denunciation thrust upon Israel for having the audacity to defend her people, country and even existence. The intent of the most minor act of defiance should be treated the same as the eventual escalation of such similar act if Israel can ever expect to live with the same peace and tranquility afforded other nations. It is not as if the boisterous cacophony if indignations would be any more or less than when after numerous escalations Israel finally resists the blackmail that is at the heart of the terrorist onslaught faced by Israel daily. The friendship of the world which is offered before every demand for Israeli concessions, usually land for the promise which matters not as it will never be met, will likewise not be forthcoming but withheld with yet another concession brought forth as the new parameter necessary for their friendship. The friendship of much of the world will remain denied to Israel until she learns that the world only loves those who demand their respect. Capitulation begets further demands, standing one’s ground is the only path which eventually leads to respect, the first requirement for friendship. Simple stated, capitulators will capitulate themselves to death, both literal and figurative, while the steadfast will dictate the terms and gain respect and be the ones whose friendship is sought. Israel needs to soon choose which side of this fence they will be found, lying helplessly defeated and trounced on the side of the capitulators or standing strong with pride among the recognized nations of the world. Let us hope and pray they choose to stand among the nations.

Beyond the Cusp

October 5, 2012

My Big Surprise from Presidential Debate One

I watched the first Presidential Debate of the 2012 Election Cycle with low expectations and not expecting anything that might actually change my despair of the coming day I had felt I had little choice. Where I will not jump to any conclusions or dance with joy, but I now have found a glimmer of hope. It just might be that those who had tried to dispel my exasperations about Mitt Romney winning the Republican nomination may have had a valid point, though they likely did not state it as well as Candidate Romney did during the debate. This was after an even earlier piece of discouragement when John Bolton, our once recess appointed United Nations Ambassador, announced that he had no interest in running for the Republican nomination race for President. After that I had some lesser amounts of hope of which none was ever placed in Mitt Romney. Much of Romney’s record as Governor of Massachusetts did not inspire any evidence of a great conservative constitutionally guided leader. What it had shown me was a pragmatist who would lead only as far as the possible and not take on the big challenges of pushing monumental change. The one thing I believe we need right now in the United States is a monumental transformation returning us to the original intentions expressed in our founding documents, the Declaration of Independence, the Constitution and the Bill of Rights respectively and in that order of importance.

What I expected from the debates was Mitt Romney touting an economic plan to make an environment where businesses could flourish and people would be rewarded for choosing to invest and risk their time, treasure, and efforts in order to pursue their dreams and establish new ventures, businesses and opportunities. Well, I definitely got that performance from Mitt Romney. As far as President Barack Obama was concerned, I fully expected a better showing despite his previous problems when having to speak without his little friend the teleprompter and answer questions off the cuff or defend his positions when challenged. What I saw instead was a wondrous destruction and dismantlement of the President who appeared unprepared for any confrontation. President Obama almost appeared as if he had expected assistance from the moderator to cripple any thrusts by Romney and permit the President to give his typical long winded, delusional answers which leave people impressed despite having garnered no information or knowledge from another extensive, tendentious, overly-long, vacuous oration relatively devoid of substance. We did not even get a performance worthy of this description. Instead President Obama came across disconnected, distracted, distant, and unable to connect with the audience, the questions, or the conversation. The debate was between a prepared and on his game Mitt Romney against an unprepared, distraught and off his game President Obama. It was not a fair representation of the best of both candidates, but this too was not the surprise which rocked my view of Mitt Romney.

Those who have read Beyond the Cusp likely know the Tenth Amendment almost by heart as it is one of our favorites among all the integral documents which were written by inspired men during the events at the beginnings of the United States. We have even claimed at one point that simply by a dedicated review of every piece of legislation, every law, and every regulation with regard to the Tenth Amendment would restore the intended balance of powers between the over-bloated Federal Government and the disempowered individual State Governments and the People of the United States. When Mitt Romney mentioned the Tenth Amendment in its proper context I almost fell off my chair. He followed this up by mentioning the importance of State rights and empowerment. And then came his stating the Founding Fathers reasoning for empowering the States over the central government, that each State would be better able to serve the individual and distinct needs of their residents than any program fashioned by a distant Federal government in Washington DC. He also hit the point that by empowering the individual States to address problems we set forth fifty separate experiments with each one taking a potentially different tact to address and fill the needs and problems on any issue. Romney pointed out that through this method the individual States which were most effective, efficient, cost-efficient and versatile means of serving the public could then be copied and even refined further as other States adopted the items from all of the State efforts which proved to be the most suited and promising. This grasp and apparent affection, dare I say love, with the Tenth Amendment and his display of his full and complete understanding of all the intricacies spawned by the Tenth Amendment was close to inspiring. The remaining debates just got more interesting and likely very important. I can only hope that Mitt Romney can incorporate more of the intricacies and implications from the original intentions of those geniuses who crafted the Declarations of Independence, the Constitution, the Bill of Rights, and especially the Tenth Amendment. The one last particular I would like to hear out of Mitt Romney would be his dismissing Romney Care as something he did as a Governor and something allowed by the Constitution and something he would be prohibited from retaining as Obama Care as that is an offense and contradiction to the Constitution. No more repeal and replace, simply applying the Constitution and relevant limitations to remove this onerous conglomeration of obscene and illegal amassing of power by the Federal Government.

Beyond the Cusp

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