14 September 2015

Update no.717

Update from the Heartland
No.717
7.9.15 – 13.9.15
To all,

            The follow-up news items:
-- U.S. District Judge David Bunning lifted the contempt order against Rowan County Clerk Kim Davis [716] and released her from jail with the proviso that she will not interfere with the issuing of marriage licenses to qualified citizens.  With all the brouhaha over this obscure, rural, Kentucky county clerk, what happens next is anybody’s guess.  I know what should happen, but that means nothing.
-- We have a reliable, authoritative site, but not yet an official site, confirming the B777 flaperon found at Réunion Island [711] is from the missing MH370 aircraft [638, 691].
“French investigators confirm Reunion flaperon from MH370”
Air Transport World / Aviation Week & Space Technology
Published: Sep 7, 2015
The most striking observation about the retrieved flaperon is the paucity of impact damage, i.e., high-energy distortion damage.  To me, the recovered flaperon suggests a controlled ditching, i.e., an intentional act.  I eagerly await the official evaluation of the recovered flaperon.  We will learn more.
-- On Thursday, in accordance with the Iran Nuclear Agreement Review Act of 2015 [PL 114-017; 129 Stat. 201; 22.May.2015] [700], the Senate fell two (2) votes short [Senate: 58-48-0-0(0)] of invoking cloture on debate regarding S.Amdt. 2640 to H.J.Res. 61 (Hire More Heroes Act of 2015) – the Senate’s rejection attempt of the nuclear control agreement [Joint Comprehensive Plan of Action (JCPOA)] with the Islamic Republic of Iran [709].  Then, on Friday, the House passed its version H.R. 3460, titled: An Act To suspend until January 21, 2017, the authority of the President to waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions pursuant to an agreement related to the nuclear program of Iran [House: 247-186-0-0(2)].  The 60-day review window imposed by PL 114-017 has expired.  By my understanding of the associated laws and congressional procedures, the JCPOA is approved by default and the implementation phase begins.

            An interesting article for cogitation and debate forwarded by a friend and erstwhile contributor:
“Monogamy Just Isn't Natural — Here Are Some Other Options: Thinking about a partnership as something people design or craft allows for flexibility and change.”
by Mark A. Michaels and Patricia Johnson
alternet.org / Cleis Press
Published: June 12, 2014
Let the debate begin.
[P.S.: I vacillated over whether to include this debate topic, since given contemporary arguments, it is more likely to feed the wrong fires.  C’est la vie. Aller à la grandeur!]

            My hesitation noted above springs from the incessant distraction around us about marriage, as if those of us who advocate for freedom are somehow corroding the very structure of marriage and the foundation of the family unit as we know it.  While I am intellectually curious about the evolution of our biology, of our social constructs, and of our thinking about liberty, we must not lose sight of the founding principles of this Grand Republic – “We hold these truths to be self-evident, that all [people] are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”  I will note here, there were no qualifiers or constraints to that foundational statement.  My marriage and my family are not threaten by the notion that other citizens might and most probably will choose a different path in their “pursuit of Happiness.”  Nonetheless, since the distraction apparently threatens the marriages of others, I have elected to include more snippets from the continuing debate from a parallel forum.
            In this arena of public debate, we have been subjected to a broad range of extreme rhetoric.  This week, I felt the threshold of my tolerance approaching.  I attempted to draw the line.
            I said:  I started to respond to this drivel, but it's not worth my time.  Let is suffice to say, I profoundly disagree.  Thank you for sharing.
            To which came this response:
“Of course Cap profoundly disagrees because he believes that a fringe perversion which has historically been considered unlawful to perform in this country somehow magically rises to the status of equal with the foundational relationship of societies for millennia throughout the world because one -- one -- more judge sided with creating a ‘right’ that has never existed in our lawful heritage and has NO basis of tradition other than mental disorder.
“Sounds reasonable.  Let me think on that for awhile to see if I can justify that in my mind.  Nope.”
            My reply:
            The beauty of a free society is our right to believe what we wish to believe for whatever reason or rationale we use to justify those beliefs.  We can say what we wish.
            Interesting thought “. . . historically been considered unlawful . . . ”  At the Founding, slavery was codified and protected by the Constitution of the United States [Article IV, Section 2, Clause 3].  By the Constitution, it was unlawful to harbor runaway slaves.  Does that make slavery correct, lawful, right, worthy?  At the time of the Founding, “men” in “all men are created equal” was assumed and understood to mean ONLY white, educated, male, property owners.  Does that make the Doctrine of Coverture correct?
            No one is asking anyone – not CraigN [anon.], not you, not me – to approve of the private choices of any other citizen.
            What I am suggesting and asking is to accept and defend the evolved founding principle of this Grand Republic that every citizen is entitled to equal protection under the law . . . regardless of any one or combination of the social factors.  Let us respect every citizen’s fundamental right to privacy and freedom of choice.
            Uncharacteristically, I shall give [anon.] the last word.
“I wholeheartedly disagree.  Marriage has a well-founded and historical context and involves the union of males to females.
“Marriage was a religious concept LONG before it was a civil concept.  It migrated to the civil sphere ONLY because some wanted the money involved, and were also working to reduce church power.  Easily verified, if you want to bother.
“And this jackass clerk has been married 4 times, WAY beyond what religious doctrine espouses, at least western religions.”

            News from the economic front:
-- The People’s Republic of China (PRC) revised its growth rate for 2014 down to 7.3% from 7.4% -- the slowest rate seen in decades. The PRC’s growth target for 2015 is 7%.

            Comments and contributions from Update no.716:
“Yes - just a so-so museum.  Come out here to where I ‘work’ at the USAF Museum at Wright Pat in Dayton.  They wanted me to work there even though I tell visitors all the info on the Air Farce does not want to be known.  Like all the aircraft on display that the Air Farce stole from the Navy.  The F4, the A7, the A3 (the Air Farce calls B66), the A1, Sidewinder missile, etc.”
My reply:
            The Air Force Museum at Wright-Patterson AFB is certainly on my ‘to-do’ list.  I’ve not had the pleasure, as yet.  Indeed, the USAF did use aircraft developed by the Navy.  They also tried to force the Navy to use aircraft they developed, case in point the F-111 – one of McNamara’s many follies.

Another contribution:
Good points on the marriage license fiasco.  I thought Gov. Huckabee's interview by George Stephanopolis was the best discussion of the real problem with the case of the Kentucky clerk who refuses to bow to the federal court while blatantly violating her oath of local office.  In spite of George's scripted efforts to interrupt and guide the interview to suit his superiors, he was unable to prevent the Governor from expressing eloquently the fundamental problem we are facing:  federal intervention in local affairs by a single branch of government without any basis in legislative action.  One had to listen carefully to the governor, who managed to not be completely thrown off by George's efforts to interrupt, to get his entire logic.  I agree with Gov. Huckabee, although I am incapable of properly summarizing his argument.  I think that while the clerk is wrong and should resign or be removed from office because she cannot do the now declared constitutional duties of her office, the federal court should have declined to intervene in this local matter.  The U. S. Supreme Court, having spoken but not without being subject to reversal by the legislative branch, has nothing to do with such matters, and the Congress has not spoken on the subject except arguably in the law that the Supremes reversed.  We may yet see a change there, as there was after the Dred Scott decision [60 U.S. {19 How.} 393 (1856)] (wasn't this the one Lincoln ignored?).  An individual citizen should not be jailed for this.  The proper target for the feds who have no respect for state's rights is the state of Kentucky, not a lowly clerk.  And all this from your flaming Conserberal,
My response:
            Interesting perspective . . . and respectfully, from my perspective, the argument represents and reflects the challenges any free society faces – the inherent conflict between federal, state and local, between public and private.  This conflict goes to the Founding of this Grand Republic.  Yes, marriage is not and never has been a federal issue or within the federal authority established by the Constitution.
            In short, I do NOT agree with Governor Huckabee’s position or rationale.
            While the Supremes’ justification for Obergefell v. Hodges [576 U.S. ___ (2015); no. 14-556] [706, 710] was weakly presented, I do believe they offered the proper argument.  The marriage question is not federal versus state; it is public versus private, or more to the point, government authority versus individual rights.  Thus, the federal government is simply performing the role of enforcement of the 14th Amendment, which none of the states has the authority to violate.           
            Lastly, we simply must get the government (all levels of government) out of our private affairs and out of the morality enforcement arena.

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

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