29 July 2013

Update no.606


Update from the Heartland
No.606
22.7.13 – 28.7.13
Blog version:  http://heartlandupdate.blogspot.com/
To all,

The follow-up news items:
-- Alternative opinions and perspective with respect to the Zimmerman-Martin incident [536, 537] in these two video essays:
“The Lynching”
by William Alfred "Bill" Whittle
Published on July 19, 2013
and
“Pastor Ken Hutcherson to Rev. Al sharpton: ‘Not Again’”
by Dr. Ken Hutcherson - Senior Pastor of Antioch Bible Church
Published: July 9, 2013; 3:00pm

Her Majesty’s Government (HMG) is considering a formal, official pardon for Alan Mathison Turing, OBE, FRS, an accomplished mathematician and major intellectual contributor to breaking the German Enigma codes, so vital to winning World War II.  He committed suicide on 7.June.1954, as a consequence of the pending prosecution for his homosexuality – the loss of a great mind because the powers that be disapproved on his private pursuit of Happiness.  HMG decriminalized homosexuality on 27.July.1967, not in time to save Alan Turing, but undoubtedly the parliamentary action has saved other good souls.  It is disappointing it has taken 60 years to recognize the State’s contribution to Turing’s demise.  Better late than never!

The House of Representatives rejected amendment H.AMDT.413 to H.R.2397, the Department of Defense Appropriations Act, 2014, by a vote of 205-217-0-12(1).  Representative Justin A. Amash of Michigan introduced the amendment to seriously restrict the authority under §215 of the USA PATRIOT Act of 2001 [PL 107-056; 115 Stat. 272; 26.October.2001; reauthorized: 9.March.2006 (PL 109-177; 120 Stat. 192); reauthorized again: 27.February.2010 (PL 111-141; 124 Stat. 37)], which enabled the various warrantless electronic surveillance programs carried out by the National Security Agency (NSA), including PRISM.  I imagine this will not be the last attempt to constrain the NSA contribution to waging war successfully in the War on Islamic Fascism.  The method proposed in Amendment 413 is NOT the way to improve controls on the nation’s warrantless surveillance programs, so I say thank goodness the House rejected the proposed amendment.

I finally completed my reading of the second marriage case – United States v. Windsor [569 U.S. ___ (2013); no. 12-307] {the first being Hollingsworth v. Perry [569 U.S. ___ (2013)] [604]}.  This case addressed directly the constitutionality of the federal Defense of Marriage Act of 1996 (DOMA) [PL 104-199; 110 Stat. 2419; 21.September.1996], specifically §3 of DOMA [110 Stat. 2419] that defines marriage as “. . . a legal union between one man and one woman . . .” [547].  By a slim majority (5-4), the Supremes affirmed the ruling of the 2nd Circuit Court of Appeals that declared DOMA §3 an unconstitutional violation of Edith Windsor’s 5th Amendment right to equal protection under the law. Associate Justice Anthony McLeod Kennedy wrote for the majority and the Court, “DOMA seeks to injure the very class New York seeks to protect.  By doing so it violates basic due process and equal protection principles applicable to the Federal Government. The Constitution's guarantee of equality ‘must at the very least mean that a bare congressional desire to harm a politically unpopular group cannot’ justify disparate treatment of that group.”  As is so often the case, the dissent offers us the most illuminating insight into the decision; so it is here.  Associate Justice Antonin Gregory Scalia: [AKA Antonin the Impaler] wrote an unusually scathing, rather personal, dissenting opinion that is too voluminous to recount in this humble forum.  He declared, “Some might conclude that this loaf could have used a while longer in the oven. But that would be wrong; it is already overcooked. The most expert care in preparation cannot redeem a bad recipe. … [T] he Constitution does not forbid the government to enforce traditional moral and sexual norms. . . . [T]he Constitution neither requires nor forbids our society to approve of same-sex marriage, much as it neither requires nor forbids us to approve of no-fault divorce, polygamy, or the consumption of alcohol.”  He went on to observe, “However, even setting aside traditional moral disapproval of same-sex marriage (or indeed same-sex sex), there are many perfectly valid--indeed, downright boring--justifying rationales for this legislation.”  Further, Scalia noted, “It is one thing for a society to elect change; it is another for a court of law to impose change by adjudging those who oppose it hostes humani generis, enemies of the human race.”  I appreciate, acknowledge, accept and tolerate Antonin the Impaler’s moral disapproval and general aversion to non-heterosexual citizens and the immoral acts he imagines they engage in.  He is an American citizen, like you and me, no more no less, and he is entitled to his personal, social beliefs, choices and associations.  Yet, as an associate justice of the Supreme Court of the United States of America, he is obligated to put his personal beliefs aside and interpret the law.  Further, as a judge, he can and will disagree with his fellow judges.  Associate Justice Samuel Anthony Alito, Jr. tried to take a less emotional and less personal approach to his dissenting opinion.  He said, “Our Nation is engaged in a heated debate about same-sex marriage. That debate is, at bottom, about the nature of the institution of marriage.”  The reality is, Sam is correct in that the Constitution makes no reference whatsoever to marriage or any aspect related to marriage, just as it does not mention abortion, drugs, prostitution, gambling, or any other contemporary social morality question . . . well, other than treason.  For the fundamentalists or strict constructionists to stand upon such thin ice is remarkable.  Using their reasoning, citizens with dark skin pigmentation would still be enslaved, or at least denied equal rights and the right to vote in some states.
            I will argue that the issue before the Court was a citizen’s fundamental right to her pursuit of Happiness, and NOT about            whether the People can dictate how everyone else should conduct their marriage.  Marriage is a public-contracted, private arrangement that meets certain proper public interests, i.e., free consent (thus adult or with parental approval), and at least to my thinking, the parties understand the terms & conditions of the arrangement.  I could also argue that there should be public interest in full disclosure of certain impediments like sexually transmitted diseases, infertility, genetic anomalies, and such; however, that could easily be construed to state-dictated due diligence, which ultimately would be inconsistent state intrusion into a private matter, and I will have none of that.  So, this question is really and ultimately about a citizen’s fundamental right to privacy and the very nature of a free society.  It is NOT the proper domain of the State to dictate how any citizen should live their private lives.  After all, each and every one of us has “certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”  “Unalienable” meaning the State has NO authority to intrude upon or abridge those rights without clearly defined, proper, state interests, e.g., injury or harm to another citizen’s person or property, good order and discipline, and other public interests.  Thus, I do not see Windsor, or Hollingsworth for that matter, being about how we think everyone should live their marriage, or who they can love; it is about a citizen’s fundamental right to privacy and the proper place of the State, even though the Supremes were not able to see that reality.  So, I place Windsor and Hollingsworth in the same category as other landmark cases like Brown v. Board of Education [347 U.S. 483 (1954)], the Civil Rights Act of 1964 [PL 88-352; 78 Stat. 241], Roe v. Wade [410 U.S. 113 (1973)], and Lawrence v. Texas [539 U.S. 558 (2003)], to name just a few.

The ink was not quite dry on the Supreme Court’s Windsor and Hollingsworth decisions, when we have Representative Timothy Alan Huelskamp of Kansas (no less), who introduced H.J.Res.51 - Proposing an amendment to the Constitution of the United States relating to marriage, i.e., codifying DOMA in the Constitution.  After all, the social conservatives in Kansas passed referendum state constitutional Amendment 1 on 1.November.2005, prohibiting any recognition of same-sex marriage in the state.  The H.J.Res.51 resolution was referred to the House Committee on the Judiciary where I expect it to die a slow, quiet death.

We have this related opinion:
“A gay-marriage ban with limits”
by Jackie Gardina
Washington Post
Published: July 25, 2013
I appreciate Gardina’s argument and support her conclusion.  However, her rationale is a two-edged sword.  Consistency among the states was precisely one of the primary reasons used by Congress to justify DOMA.  I think we are quite likely to see many more challenges by the states regarding the current disparity in the definition of marriage among the various states.  We have a long way to go on this particular question.

News from the economic front:
-- The preliminary HSBC Holdings, Manufacturing Purchasing Managers' Index (PMI) for the People’s Republic of China (PRC) fell to 47.7 in July, compared with a final reading of 48.2 in June.  A figure below 50 indicates economic contraction.  The preliminary July PMI represents an 11-month low, suggesting a continued slowdown in the world's second-largest economy.

Continuing contribution from Update no.604:
“Concur on a couple of points.  Crump’s statement was incorrect on facts and inflammatory.  Not to equivocate, but Zimmerman’s attorney’s did him no service with some of their comments.  West’s comment about the prosecution being a travesty was ‘unhelpful’-and was close to, if not outright, worthy of a legal ethics sanction.  And the other DC’s comment that “if Zimmerman were black, there wouldn’t be a trial,” is also wrongheaded and unhelpful.  And BTW, had Martin been white, there might not have been a confrontation, or even a following by Zimmerman.  They aren’t doing their client any favors with those comments.
“Can’t agree on Zimmerman’s worthiness as a voluntary watch.  The homeowners’ assn would probably agree, as it cost them about $ million to settle a lawsuit.  As one FL policemen noted in a recent article, a neighborhood watch is just that – a watch.  Not to confront and get into an altercation.  I am sure police are reinforcing that to neighborhood watch people in the state.  And in an interview with Sean Hannity he showed no remorse…saying “it was God’s will that Martin was killed”.  Not normal, if you saw the interview, shows something is wrong with the man. I saw the interview after the event- and again, was very surprised that the defense lawyers let him do it- although one was seated next to him.
“Don’t think the case was political.  The local PD did a poor job of investigating- actually no investigation- from what I read, they initially took Zimmerman’s story at face value.  And why no drug test for him afterwards?  (Although one was done on the autopsy for Martin).  The Sanford PD is a piece of work by the way, using WWII era U.S. military ribbons for police officers.  They thought nobody would notice, and made a conscious decision to use military ribbons.  According to Military Times. Navy Cross winner Jeremiah Workman noted police wearing military ribbons got a hold of them and said they told him they didn’t have their own awards system, so they went to the Army-Navy store around the corner and picked out Defense Department military ribbons to fit their own format.  The WWII was selected, the police department official told Workman, because they knew there weren’t many veterans from that period alive so they didn’t think people would notice.  The Fraternal Order of Police said they had never heard of that-using U.S. military ribbons for police (aside from those that policemen/women may have actually earned.)  When publicized, the Sanford PD immediately stopped using the military ribbons. Unbelievable.”
My reply:
Jan,
            If the Zimmerman trial was not a political event, then it sure became one in short order.  While it is not unusual for the state to intervene in a murder case, it is not particularly common either.  The installation of a special prosecutor for this one case verges upon extraordinary. 
            I’ve picked up a couple of on-line opinions from other sources that offer worthwhile alternative perspectives.  I am posting them in this week’s Update.  Your advance link:
I maintain that Trayvon Martin was NOT the innocent he has been portrayed to be and the available public evidence suggests he was the aggressor.  I do believe Zimmerman was just trying to keep eyes on him, when Martin turned and escalated the situation into violence that led to his death.  Fortunately, Zimmerman was armed or he would have been the murder victim by an unknown assailant.
            Unfortunately, there are a lot of folks who feel it acceptable to use military combat action medals for their fraudulent purposes.  It is very disappointing, if true, regarding the Sanford PD.  Hopefully, the latest Stolen Valor Act will pass judicial muster this time around so they bozo’s can be successfully prosecuted for their fraud.
 . . . follow-up comment:
“Don’t know if the Stolen Valor Act would work—moot anyway, as the Sanford PD stopped the practice after it was publicized.  Not sure if they were using valor or meritorious award ribbons, although it looked like one Sgt had an Army Good Conduct medal ribbon..   It was incredibly stupid of them—the authorities made a concerted decision to use the WWII era ribbons, since they ‘didn’t think any vet would notice anymore.’   What poor judgment.
“Several years ago, a leading businessman in NJ was shown to be a bogus Marine general - going around in public, in a dress uniform with Vietnam-era ribbons.  He was prosecuted, got a minor punishment, but was greatly humiliated.  Somehow he started telling people stories and it gradually ‘got out of hand.’
“He got detected when he started making public appearances in uniform and making speeches.  A newspaper article got some retired Marines curious and his story unraveled.
“Then there was Frank Gansz, who was an asst football coach when we were at Navy.  He was a USNA grad, who went into the Air Force, as many in his generation did- pre USAFA.  He had overstated his flying career- and even his athletic career at Navy.  Didn’t wear awards, but exaggerated his record and claimed combat experience, when he had none.”
 . . . my follow-up reply:
Jan,
            The latest version -- Stolen Valor Act of 2013 [PL 113-012; 127 Stat. 448] – only covers combat action awards, not more general awards like GCM.  Moot indeed.  Thank goodness they terminated the practice.  There are numerous stories of false claims.  In all cases, I am reminded of Admiral Boorda.  I met him a few times by association with Admiral Zumwalt.  The last time was a month or so before his suicide, ostensibly over an erroneous but mistaken use of a combat V device, as I recall.
Cheers,
Cap
 . . . along with another round of comments:
“I also met Adm Boorda just a week before his death…at Embassy Moscow. He had just finished visiting Russian  naval facilities in the St. Petersburg region. He was utterly stunned by what he saw..Russian crew AND their families living on ships, due to having been relocated from Baltic countries.  They were in pretty bad shape. They could not have sortied—and didn’t while I was there.
“Regarding his wearing a V device...it was brought up by  retired Army colonel, David Hackworth.  But Hackworth didn’t understand the difference between the Army/USAF “V” device and the USN/USMC “V” device for Comm and Achievement Medals..  For the Army, it  denotes "participation in acts of heroism involving conflict with an armed enemy". For the Navy and USMC,  denotes combat heroism or  recognizes individuals who are "exposed to personal hazard during direct participation in combat operations"  For Air Force,  it denotes heroism or being "placed in harms' way" during contingency deployment operations.
“Thus the Navy “V’ for a Navy Com  or Achievement Medal  can mean something else than the Army medals with “V”.  Boorda was in a surface situation where he was exposed to personal hazard in conflict with an armed enemy, as far as I understand.  He should have been awarded a V- as others on his crew were- it was considered an oversight and could have been rectified.  It was not the scandal that Hackworth – and another journo, Roger Charles- tried to foment.  (Charles was a retired Marine, USNA ’68).  And Charles should have understood the difference.  There were other reasons put forward for Boorda’s  suicide.  Criticism from retired and active Admirals over Tailhook actions was one offered.  Others were personal reasons.  And a couple years ago, I was told by a retired senior officer who was in a position to know that the medals were definitely not the reason.” 
 . . . and my reply:
Jan,
            Thx for the explanation.  I simply accepted Bud Zumwalt’s statement prima facie, and did not delve into the matter further.  The V device seemed like a very weak rationale for such a drastic action, but I heard no other hypothesis or justification.  Still a tragic loss.  My interaction with him was quite friendly, open and animated.

Comments and contributions from Update no.605:
Comment to the Blog:
“The notion that the 9-11 event compares to Pearl Harbor (your linked article) is ludicrous. Had 9-11 been treated as the criminal act it was, the USA would not be in this mess. The Oklahoma City bombing and numerous other precedents going back to Roman times give us the appropriate context for dealing with such incidents. Now we have given the worst elements of government an excuse to remove all civil rights worldwide. Of course, much of the world will not go along with that, which aggravates an already ugly situation.
“The Zimmerman trial and its aftermath go on and on, of course. The use of wrongful death suits to bring consequences in situations such as this is not unusual. I will point out here again the hazards of using untrained citizens for police functions. My belief is that this and future incidents will reveal that Neighborhood Watches and other neighborhood snooping activities do more harm than good. We simply cannot rely on random people to control others’ actions. That opportunity draws too many George Zimmermans. “Caring about his community” is not nearly enough qualification, as we have seen.
“I will assure you that I or any of my five brothers would have responded similarly to Trayvon Martin if someone had followed us in our youth through the streets of our little town. If we had died in the ensuing incident, someone would have been convicted, assuming they lived long enough to be apprehended by law enforcement rather than the other brothers. We are white.
“I will address Biblical issues about homophobia only to the extent of reminding all and sundry that United States law is not, or should not be, based on any given form of religion. I am not a part of the Abrahamic religions and will not address their internal quarrels.”
My response to the Blog:
Calvin,
            Re: 9/11 vs. Pearl Harbor.  Both events were coordinated mass attacks on the United States by international agents.  To equate the Murrah Building attack with 9/11 seems to be a much farther stretch to me.  The USG has not “removed all civil rights worldwide.”  I understand, acknowledge and accept that 9/11 and al-Qa’ida present unique ambiguities, especially in the light of a rather minimalist response by Congress with both AUMF laws, but they were properly enacted and executed laws nonetheless.  Exaggeration does not extend the public debate.
            Re: Neighborhood Watch.  I do agree.  It is a watch, i.e., be attentive to who is soliciting or traipsing through your neighborhood.  It is not law enforcement.  If we do not care for our communities, who will?  The police are not sufficient in number to protect everyone all the time.  Snooping is much more than watch; snooping involves an invasion of privacy or property.  I do not support any snooping.
            Re: Zimmerman.  The portrayal of George as some gunslinger intent upon murder and denying freedom of movement to Trayvon is wrong, in every way and not supported by facts.  Trayvon did not need to die, but I believe he instigated his death; he battered George without consideration that he could be armed.  Fortunately for George, he was armed and probably saved his life.
            Re: followed.  As with you and your brothers, I am attentive to what goes on around me.  There are peaceful, non-violent ways to deal with being followed.  Trayvon’s choice was not one of those methods.
            Re: Judeo-Christian morality.  I agree with your observation.  I will simply add that our forefathers chose to codify their morality in common law.  While some of that morality is appropriate, e.g., murder, theft, endangerment, et cetera, the portions that deal with private conduct are wrong and contrary to the principles of the Declaration and the laws set forth in the Constitution; but, those private morality laws remain on the books and are enforced by zealous, sanctimonious prosecutors.  This is my crusade . . . to get government out of our private lives and affairs.
 . . . round two comment:
“Pearl Harbor was a military attack executed by a foreign nation. The 9/11 attack was a criminal act committed by criminals. The attack at the Murrah Federal Building and various other radical actions back through time were treated as criminal acts, and that works both legally and as a policy approach.
“If you have not perceived that the United States Government has not claimed worldwide rights to violate the privacy and take the lives of anyone it pleases, I suggest you study the record on this subject. The ‘War on Terrorism’ is a flimsy defense at best.
“The Neighborhood Watch amounts to an organized nosy neighbor committee. You may define snooping as distinct from watching but you will have a difficult time supporting that distinction, particularly in this instance.
“George Zimmerman was intent on not letting Trayvon Martin ‘get away.’ The notion of dealing with him peacefully does not pass the test of reality. Martin faced the choice of unjust suffering or self-defense.”
 . . . my response to round two:
Calvin,
            Re: criminals.  Frankly, I could argue this either way.  There is no point is wasting your time or mine debating the fine points of definitions in this particular case, as the lines are too blurred . . . which I might add is part of the problem as well as advantage al-Qa’ida enjoys.  As for me, I choose to err on the side of caution and conservatism.
            Re: USG.  If you take the argument to the extreme, perhaps.  Certainly, I will agree; there is that risk.  The difficulty for us is where do we draw the line . . . between intelligence and prosecution, between terrorist and criminal, between action and paralysis, ad infinitum.
            Re: Neighborhood Watch.  Perhaps that is your experience.  It is not mine.  I will also respectfully disagree re: snooping.  When you are on a sidewalk, you are generally in the public domain; your only right to privacy rests upon your person and property.  I have just as much to that public domain as you do.  If someone is loitering or acting suspicious in the public domain around my property, my watching them is NOT snooping.  I am far more interested in stimulating folks to care about their communities and help the police do their duty, and when necessary defend their person or property from those intent upon doing harm.
            Re: “get away.”  He did say that.  He was trying to keep an eye on him until police arrived or he left the neighborhood.  “Unjust suffering”?  Really?  What suffering, if he had just kept walking?  Defense against what?  Are you now claiming that Zimmerman assaulted Martin?  If so, there is no evidence to support that hypothesis, just as there is no evidence to support Zimmerman as the aggressor.  Now, we have the one hold-out juror publicly stating Zimmerman murdered Martin . . . although she acknowledges the state did not prove its case.  If we are bound and determined we wish to lynch George Zimmerman based upon our perception that Trayvon Martin was this innocent-as-the-new-fallen-snow, young boy, simply walking home to dad’s place, then get the rope and have at it.  I will not be joining the lynch mob.  I do not and cannot subscribe to that notion.
 . . . round three:
“You do not see a clear distinction between criminal acts versus wars? I do, and I believe blurring that distinction has cost the USA a huge amount in money, lives, and international standing. However, that blurring did a great deal for the Bush (43) presidency, which had record low popularity numbers in early September of 2001.
“I do not see what is extreme about seeing the US Government’s actions as they themselves describe them. They have not targeted any kind of suspects but rather have gathered everyone’s information. The Presidents in question (Bush 43 and Obama) claim a ‘right’ to kill anyone they choose without due process in any form.
“‘Stimulating folks to care about their communities’ has been attempted over and over without any greater long-term success than the “wars” on drugs or poverty. Psychologists or sociologists could explain that, but I doubt you pay any attention to those fields.
“Being followed in darkness constitutes a form of suffering to me, due to the fear involved. I cannot imagine a rational news-watching person in this country not being afraid in that situation. Being expected to do nothing about the stranger following me certainly aggravates that. Picturing Mr. Zimmerman as some kind of innocent party ignores the fact that he was outside his training and ignoring direct suggestions of the police dispatcher. Apprehending anyone is beyond the scope of any Neighborhood Watch, as well it should be. We clearly differ on the value of nosy neighbors.”
 . . . my response to round three:
Calvin,
            Re: criminal.  I would like to you hear description of the distinction between criminal acts versus war?  Is a presidency about popularity?
            I do believe you are over-stating the President’s “right to kill” whomever he wishes.  I am not aware of one person who was targeted by the United States and was not an enemy of the state under the authority of the AUMF.  I suspect your opinion on this matter rests upon your belief that al-Qa’ida and its affiliates are “criminal” enterprises and thus should be accorded due process of law.  If so, then we shall respectfully disagree.  I have not been able to make that intellectual leap-of-faith as yet.
            For the record, I pay attention to anyone who has a cogent argument regardless of whether I happen to agree with them at the moment, including psychologists and sociologists.  The “war on drugs” was wrong from the get-go, despite my early support – prohibition of private conduct in a free society will NEVER work, no matter how much money we spend.  Poverty – we’ve discussed.  If we do not care about our communities, who will?  If we don’t care, then it should be no surprise when situations degenerate to vigilantism, violence and survival of the fittest.  The police cannot and never will be able to do it all.
            We have no evidence whatsoever that Zimmerman was outside of his training.  He was trying to keep sight of Martin in an apartment complex; it cannot be done from a car.  There is NO evidence he was trying “apprehend” Martin.  And, from the available evidence, Martin seems like more of a racist than Zimmerman.  As I’ve said before, there are many, non-violent ways of dealing with someone who might be following you.  Martin appears to have made a bad choice, and he paid the price.  Bottom line: we will never know what happened that night.  Either one of them could have been the aggressor, the bad man.  Just because Zimmerman was legally armed and was able to survive does NOT make him either the aggressor or a bad man.
            Re: nosy neighbors.  No, I do not think we disagree.  I certainly do not want the neighbors and anyone else poking into my private affairs.  We may be quibbling over what constitutes concerned citizen versus nosy neighbor – a worthy topic of debate.
            As always, “That’s just my opinion, but I could be wrong.”
Cheers,
Cap


My very best wishes to all.  Take care of yourselves and each other.
Cheers,
Cap                        :-)

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