Warm Southern Breeze

"… there is no such thing as nothing."

Posts Tagged ‘Constitution’

Citizens United Ruling Violates Equal Protection Clause

Posted by Warm Southern Breeze on Monday, February 6, 2017

Nick Hanauer, a multi-billionaire about whom few have likely heard, authored a highly publicized article not too long ago warning about wealth inequity. Increasingly, the wealthy are realizing that a strategy of cutting taxes upon the wealthy and their corporations is not a recipe for American success, precisely for the reason that it adversely affects economic infrastructure, and jobs, among other damages.

However, one needn’t be wealthy to realize and understand that money, and the unreasonable desire for it known as avarice (an extreme form of greed), and the unwieldy power that accompanies it, are corrupting influences in any nation, and particularly in our United States because of SCOTUS ruling in the 2010 Citizens United v Federal Election Commission decision which Read the rest of this entry »

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Answering @chrkirk: Electoral College’s Voting Problems Violates Equal Protection Clause

Posted by Warm Southern Breeze on Monday, December 19, 2016

New York Times Op-Chart: How Much Is Your Vote Worth? This map shows each state re-sized in proportion to the relative influence of the individual voters who live there. The numbers indicate the total delegates to the Electoral College from each state, and how many eligible voters a single delegate from each state represents. Source: The United States Election Project at George Mason University.

How Much Is Your Vote Worth?
From: New York Times Op-Chart November 2, 2008
This map shows each state re-sized in proportion to the relative influence of the individual voters who live there. The numbers indicate the total delegates to the Electoral College from each state, and how many eligible voters a single delegate from each state represents.
Source: The United States Election Project at George Mason University.

Having read the article How Powerful Is Your Vote? by Chris Kirk several times, I still disagree with it. The article’s premise is that by using the Electoral College (EC) system, the votes cast in less populated states are somehow “more powerful” than those in more populated states. To posit such an assertion is to demonstrate a wholesale lack of understanding of the system. That is not to say the EC system is perfect, nor that changes to it are not needed; rather, it only acknowledges the author’s fundamentally deep misunderstanding of the manner in which the system is established, and a virtually wholesale ignorance of the Constitution.

Apparently, as evidenced by the graphic seen herein, others are similarly misguided. However, one would expect more from George Mason University. Much more, in fact. However, to understand – as I mention later – the bias is strictly and exclusively from including 2 Senators in the number of Electors. Dr. Mark Newman, PhD, who is the Anatol Rapoport Distinguished University Professor of Physics in the Department of Physics and Center for the Study of Complex Systems at the University of Michigan correctly writes that “The electors are apportioned among the states roughly according to population, as measured by the census, but with a small but deliberate bias in favor of less populous states.

According to the Constitution in Article II, Section 1, Clause 2 & 3, Electoral Votes in each state are equal to Read the rest of this entry »

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I had a Late Term #Abortion.

Posted by Warm Southern Breeze on Friday, October 21, 2016

I HAD A LATE TERM ABORTION.
IT IS NOTHING LIKE DESCRIBED BY TRUMP.
PLEASE DON’T BASE YOUR VOTE ON THE FEAR MONGERING HE IS DOING.
PLEASE READ MY EXPERIENCE:

I had to have a late term abortion. It was the worst moment in my life. What made it even worse was the State of Utah had made it illegal. I had one dead twin. The other had severe Spina Bifida, and would only have lived with life support, in great pain, for a few days.

by Alyson Draper
October 19 at 8:46pm · Midway, UT
used with permission

I lay on the hospital floor, bawling hysterically, for twelve hours, waiting for an ethics committee of the health care corporation to Read the rest of this entry »

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Canadian Born Texas Senator Ted Cruz: Eligible, Or Not For U.S. President? Experts: SCOTUS Ruling Required.

Posted by Warm Southern Breeze on Wednesday, March 25, 2015

Born in Canada to a Cuban father & American mother, Republican Presidential hopeful Senator Ted Cruz renounced his Canadian citizenship only last year (2014).

ref: http://www.scribd.com/doc/229039536/Canadian-Renunciation-Letter

To be certain, as a graduate of Princeton undergrad & Harvard Law, Ted Cruz is no dummy. So for him to assert he didn’t know he was a Canadian citizen is not merely disingenuous, it’s fallacious on its face. Plainly put, it’s a blatant lie.

ref: http://www.cnn.com/2014/06/11/politics/ted-cruz-canada-citizenship/
ref: http://www.dallasnews.com/news/politics/headlines/20130818-ted-cruz-born-a-citizen-of-canada-under-the-countrys-immigration-rules.ece

U.S. Department of State circular on United States citizenship

U.S. Department of State circular on United States citizenship

The U.S. Department of State specifically writes that citizenship via “jus sanguinis,” i.e., by bloodline, “is not Read the rest of this entry »

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More Government Cheese Bhurger, sir? Welfare Cattle Ranching: Digging into the Cliven Bundy ordeal

Posted by Warm Southern Breeze on Friday, April 25, 2014

I’m not a funnyman like Jon Stewart of the Comedy Channel.
However, Stewart does a good job – indeed, an excellent job – of excoriating right-wing zealot Sean Hannity over his inconsistencies of argument in support of Cliven Bundy… the man who knows everything about the Negro.
In fact, Stewart does a damn fine job… in a manner that perfectly shines a light upon Mr. Hannity’s hypocrisy.

If you’d like to take a few minutes to be entertained and educated, here’s the URL for the episode in which Stewart skewers Hannity.
http://thedailyshow.cc.com/full-episodes/ig155d/april-21–2014—gina-mccarthy

And, if you’re kinda’ froggy, and like to get the facts (just the facts, ma’am… just the facts), here’s some research I performed for my benefit.
Yeah.
I’m selfish like that.
I didn’t do it for anyone else but me.

Enjoy!

***

At issue is Cliven Bundy’s claim to land use – not ownership.

The area in question is 150 square miles in the 500,000 acre Gold Butte area along the Virgin River in Nevada.

Bundy claims that his family “homesteaded” that land since 1877, and by virtue of that claim, unlimited right of use to the land belongs to him.

In essence, Bundy claims a right to graze the land where he has allowed his cattle to roam – and therefore, because his cattle have been there, he claims unlimited use of the land belongs to him, although he cannot produce any document demonstrating any essence or component of such claim, nor of ownership – such as a survey, easement, bill of sale, quitclaim deed, bills for taxes, or taxes paid.

For over 20 years, Bundy has allowed his cattle to graze on that tract of Federal land – land to which he has no ownership, deed or right of use – and since 1993 has ceased paying grazing fees, which, by his own admission, is in arrears at least $300,000.

Here’s a partial time line to the current date which highlights significant events in the ordeal.
1973
■ Cliven Bundy pays grazing fees to the BLM for the next 20 years.
1993
■ The BLM modifies Bundy’s grazing permit by reducing the size allowed for his herd to 150 and restricts where his cattle can graze in the Gold Butte area. He refuses the permit and stops paying grazing fees. The BLM cancels his permit. Read the rest of this entry »

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American Entitlement Culture

Posted by Warm Southern Breeze on Thursday, October 10, 2013

Recently, I happened across an item which read “When they analyze the demise of western society due to the entitlement epidemic, it’ll trace back to giving kids awards just for showing up.”

Of course, it can sometimes be difficult to discern sarcasm when reading, and I rather suspect there is at least a smidgen of sarcasm in that brief remark.

Sarcasm, of course, can, and is often used to convey a truth, or truths about numerous subjects, and is a teaching tool, as well.

Because I often use dictionaries to aid my understanding, I chose to look up the definition of the word “entitlement.” Here’s what I found:
As a verb, to “entitle” is to give someone a legal right, or a just claim to receive or do something.

For example, in the United States, the First Amendment is an entitlement to Read the rest of this entry »

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Reasoned Debate: Our Second Amendment Rights & Preventing Firearm Violence

Posted by Warm Southern Breeze on Saturday, January 26, 2013

Alabama State House GOP "Dare Defend Our Rights" gun logo

Alabama State House GOP “Dare Defend Our Rights” gun logo, from the FaceBook page of Speaker of the Alabama House of Representatives Mike Hubbard, R-Auburn

Recently in another Social Media forum, a long-time friend had posted a link to a site operated for the Alabama State House GOP faction, which is a so-called “supermajority” in that state’s elected legislative body. That site may be found here: http://ALHouseGOP.com/WeDareDefend/.

Perceiving that that those political ideologues were very likely drumming up support for their positions based upon pure emotion and fear, rather than reasoned, rational and informed debate, I initially responded by quickly writing a somewhat sarcastic response, precisely worded to give pause for thought. My initial response elicited a query, to which I delightfully replied more eruditely.

The exchange as it exists presently, now follows.

Me: Yeah. Alabama was wrong on their right to segregation and their right to deny civil rights, too.

My friend: So, do you support the Read the rest of this entry »

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Happy 225th Anniversary, America!

Posted by Warm Southern Breeze on Monday, September 17, 2012

As of Noon today – Monday, September 17, 2012 – according to the United States Census Bureau, the population of the nation will exceed 314,395,013.

Today is the 225th anniversary of the signing of the Constitution on September 17, 1787, in Philadelphia, Pennsylvania.

September 17 is recognized as Constitution Day and Citizenship Day to commemorate the creation and signing of the supreme law of the land and to honor and celebrate the privileges and responsibilities of U.S. citizenship for both native-born and naturalized citizens. Federal law requires that all schools receiving federal funds hold an educational program for their students on September 17 of each year.

On Sept. 17, 1987, the Census Bureau estimated the U.S. population was Read the rest of this entry »

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Michelle Obama fires up America with Keynote Speech to Democratic faithful in Charlotte

Posted by Warm Southern Breeze on Wednesday, September 5, 2012

Not only was her speech more well received than Republican Ann Romney‘s, but that one night of the DNC was more enthusiastic – i.e., FIRED UP – than was the entire RNC event in Tampa.

It was EXCITING to know that the Average American does NOT want to return to the “Bad Old Days” of bad policy as they experienced under the Bush II administration, which was responsible for the bail-out called TARP, starting wars in Iraq & Afghanistan, outsourcing American jobs, increasing the size of government, cutting taxes on the wealthy, the so-called “doughnut hole” in the Medicare prescription program (written by BIG PHARMA), and a whole lotta’ other genuinely bad things.

It was EXCITING to know that personal freedom – religious, private, healthcare – is an instrumental part of the Democratic Platform, as opposed to the RNC which supports… going back via the legislative time machine to the 1800’s, when child labor was common, women couldn’t vote, any non-white person was a second-class non-citizen & couldn’t vote, etc.

Transcript: Michelle Obama’s Democratic Convention Speech

September 4, 2012

Below is the full transcript, as prepared for delivery, of First Lady Michelle Obama‘s speech to the Democratic National Convention on Tuesday night.

Thank you so much, Elaine…we are so grateful for your family‘s service and sacrifice…and we will always have your back.

Over the past few years as First Lady, I have had the extraordinary privilege of traveling all across this country. And everywhere I’ve gone, in the people I’ve met, and the stories I’ve heard, I have seen the very best of the American spirit.

I have seen it in the incredible kindness and warmth that people have shown me and my family, especially our girls.

I’ve seen it in teachers in a near-bankrupt school district who vowed to keep teaching without pay.

I’ve seen it in people who become heroes at a moment’s notice, diving into harm’s way to save others…flying across the country to put out a fire…driving for hours to bail out a flooded town.

And I’ve seen it in our men and women in uniform and our proud military families…in wounded warriors who tell me they’re not just going to walk again, they’re going to run, and they’re going to run marathons…in the young man blinded by a bomb in Afghanistan who said, simply, “…I’d give my eyes 100 times again to have the chance to do what I have done and what I can still do.”

Every day, the people I meet inspire me…every day, they make me proud…every day they remind me how blessed we are to live in the greatest nation on earth.

Serving as your First Lady is an honor and a privilege…but back when we first came together four years ago, I still had some concerns about this journey we’d begun.

While I believed deeply in my husband’s vision for this country…and I was certain he would make an extraordinary President…like any mother, I was worried about what it would mean for our girls if he got that chance.

How would we keep them grounded under the glare of the national spotlight?

How would they Read the rest of this entry »

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A: Gingrich, Bachmann, Santorum, Perry Q: Who’ll be crowned religious king, or queen of Iowa?

Posted by Warm Southern Breeze on Sunday, December 18, 2011

“We have determined that Michele Bachmann is Biblically qualified to be the president, to be a leader. She is capable. She is trustworthy. She fears God and she hates dishonest gain.”
Danny Carroll, former Iowa State Representative, former board member, now lobbyist for The Family Leader at the Iowa statehouse

There you have it folks.

First, we have Constitutional qualification, Read the rest of this entry »

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Continuing Stubborn Ignorance

Posted by Warm Southern Breeze on Wednesday, March 16, 2011

Having recently read this Op/Ed columnist’s article, I found the author’s remarks spot-on… so much so, that I am sharing them here for your benefit. I hope you enjoy them as much as I did.

Within the past decade, I’ve written three columns titled “Deception 101,” “Stubborn Ignorance,” and “Exploiting Public Ignorance,” all explaining which branch of the federal government has taxing and spending authority. How can academics, politicians, news media people and ordinary citizens get away with statements such as “Reagan’s budget deficits,” “Clinton’s budget surplus,” “Bush’s budget deficits and tax cuts” or “Obama’s tax increases”? Which branch of government has taxing and spending authority is not a matter of rocket science, but people continue to make these statements. The only explanation that I come up with is incurable ignorance, willful deception or just plain stupidity; if there’s another answer, I would like to hear it.

Let’s look at the facts. Article I, Section 7 of the U.S. Constitution reads: Read the rest of this entry »

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The Last Fair Deal Gone Down: Robert Johnson, Racism and Abortion

Posted by Warm Southern Breeze on Wednesday, February 2, 2011

Late American Blues guitarist/singer/songwriter Robert Johnson, a Negro, died at the tender young age of 27, in 1938. There are less than 50 recordings of his, of which historians are aware. Among musicologists, researchers and others, his performances are considered treasures and remain the subject of great debate, even today.

If Robert Johnson’s mother were alive today, living in New York City and in the prime of her childbearing years, the flower of her youth, and were to become pregnant with him today… Read the rest of this entry »

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Congress Passes Socialized Medicine and Mandates Health Insurance

Posted by Warm Southern Breeze on Thursday, January 20, 2011

Does history repeat itself?

Before this article was published, I was engaged in conversation with a friend on a subject wholly unrelated to this topic. As I listened to him he remarked, “Heck, when you join the Army, if your teeth need fixing, they’ll fix ’em. If you need glasses, they’ll put glasses on you. If you need any kind of healthcare, they’ll fix you up. The reason the Army provides healthcare is because they understand they’ll get a better quality soldier.

Interestingly, neither my friend nor his family have a military background.

By extension, I wonder… how much more productive could the American worker be if they didn’t have to be concerned about their and their family’s health and healthcare? And then, if we completely ignore “lifestyle” related health issues. i.e., those associated with smoking or obesity, there are other chronic conditions, including heart disease, hypertension, COPD, etc., that significantly adversely affect the lives of families.

Congress Passes Socialized Medicine and Mandates Health Insurance -In 1798
Jan. 17 2011 – 9:08 pm

Rick Ungar
The Policy Page

http://blogs.forbes.com/rickungar/2011/01/17/congress-passes-socialized-medicine-and-mandates-health-insurance-in-1798/

The ink was barely dry on the PPACA when the first of many lawsuits to block the mandated health insurance provisions of the law was filed in a Florida District Court.

The pleadings, in part, read –

“The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage.”

State of Florida, et al. vs. HHS – http://www.scribd.com/doc/39344827/State-of-Florida-v-United-States-Dept-of-HHS

It turns out, the Founding Fathers would beg to disagree.

In July of 1798, Congress passed – and President John Adams signed Read the rest of this entry »

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House GOP Freshmen Miss Oath, Violate Constitution by Voting

Posted by Warm Southern Breeze on Friday, January 7, 2011

What is it with Republicans and oaths? Apparently, they can’t figure it out. Even the arrogant Chief Justice John Roberts couldn’t get the Oath of Office for the Presidency down pat, and screwed up the swearing in of President Obama on Inauguration Day. What a F*ing IDIOT!

Hey… it’s Constitutional if we say it is!

Arrogant Republican Bastards Whoring for Dollars

Yesterday Republicans had to stop business in the House of Representative after it was discovered two of their members had cast votes without taking the oath of office. Representatives Mike Fitzpatrick R-PA and Pete Sessions R-TX both were gone at a fundraising event while the oath of office was administered.

Read the rest of this entry »

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In Memory on Memorial Day

Posted by Warm Southern Breeze on Monday, May 31, 2010

My Great-Grandfather Michael emigrated from Ireland to the United States, and enlisted in the Union Army in Corinth, MS, 1862, and served the United States of America in the First Alabama Cavalry as a farrier. For more history on Union soldiers from the South, and the 1st Alabama Cavalry United States Volunteers, specifically, please see: http://www.1stAlabamaCavalryUSV.com

Age: 38
Birthplace: Langford, Ireland
Rank at enlistment: Private
Rank at discharge: Corporal
Company Assignment: C

12/6/1862  Enlisted, Corinth, MS
12/22/1862  Mustered In, Corinth, MS
12/17/1863 Mustered Out, Memphis, TN

My Great Grandfather, my father – a Korean War veteran of the Navy …Continue…

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A Short History of “Privacy” in American Jurisprudence

Posted by Warm Southern Breeze on Monday, May 3, 2010

[Note: This entry was originally entitled “Privacy,” and was transferred to this site, having previously been posted by me on Monday, May 3, 2010 at 2:57pm.]

“Privacy” is a relatively new term in American jurisprudence, and public dialogue. Former US Supreme Court Justice Hugo Black, an AL native, wrote against “privacy” in his dissent in Griswold v Connecticut.

The development of our right to privacy emerged, interestingly enough, from Griswold v Connecticut, a 1965 Supreme Court Case which challenged the state’s 1879 criminalizing of a married couple’s use of contraceptive devices. Appellants were the Read the rest of this entry »

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Taxed Enough Already? Not hardly, says new report.

Posted by Warm Southern Breeze on Thursday, April 8, 2010

So-called “tea” partiers may be disappointed

The Tax Policy Center (TPC), a non-partisan policy analysis and collaborative effort of the Brookings Institution and Urban Institute, both Washington, D.C. think-tanks, recently reported that 47% of all Americans will not pay income tax for the 2009 tax year.

President Obama’s “Making Work Pay” tax credits, and his American Recovery and Reinvestment Tax Act of 2009 (Public Law 111-5) have further reduced income tax burdens on Americans.

Because of his initiatives, more than half of all elderly households, families with children, and other Americans will pay no income tax this year. More than 75% of married couples and single heads of households with income between $30,000 – 40,000 will pay no income tax. And more than 90% of all households with children will have no tax liability this year.

The Tax Policy Center estimated President Obama’s policies significantly lowered the tax burden on average Americans, …Continue…

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