Bunker Mulligan "Let us endeavor so to live that when we come to die even the undertaker will be sorry." ~Mark Twain

March 1, 2005

Judicial Nominees

Filed under: Government — Bunker @ 6:34 am

Joseph Farah has three questions for judicial nominees:

  • Do you believe the original intent of the founders should be considered when weighing the constitutionality of a law?
  • Do you believe the Constitution is a “living document,” whose actual meaning changes with the times?
  • From where do people get their rights?

I agree with the premise. And the reason. Hearings on nominees have become nothing but political theater. All that Senators need to know about a nominee is in the public record. A simple yes or no to the first two questions and a simple response to the third should end all questioning.

Americans don’t need black-robed justices divining the meaning of the Constitution. The Constitution was written by our Founding Fathers as a document that could be understood by ordinary citizens without law degrees from Harvard or Yale – or even in spite of such credentials.

Which is why I support the idea of someone like Andrew Napolitano or Newt Gingrich as a justice. Knowledge of the Constitution and the history that created it is far more important than years on an appellate court reading depositions.

January 26, 2005

Voter Fraud

Filed under: Government,Politics — Bunker @ 6:24 am

Something about voter fraud you may not have considered. When everyone with an agenda talks about disenfranchised voters, do they ever understand that every vote cast illegally disenfranchises another, legally cast vote?

Both Hindrocket and Glenn Reynolds have some examples from the last election, and offer suggestions for changes before the next.

People tend to talk about these things before elections, and then forget about them afterward. Now’s the time to address these issues, so that we can do something about them before 2008.

I agree with Professor Reynolds. The problem is that the issue is a political hot potato. Advocates for illegal immigrants claim that legal ones will be frightened about registering. The Jesse Jacksons of the world will find all kinds of arguments for how it would hurt their constituencies.

The voter rolls in this country are bloated. The listings contain the names of many people who no longer live in the same district, and names of people who no longer live. They contain names of people who never existed, and people who are not legally entitled to vote.

The problem is that each state must make the changes. The Constitution leaves that up to individual states–part of the reason for the problems we now have. No, I don’t mean the federal government would do a better job. But I believe there should be some standard applied for identification across the nation. It was not something that could even be envisioned in 1789, at a time when less than half the population was literate, and the primary requirement for voting was to be a land-owner.

When you have to present a photo ID to buy alcohol or tobacco or Playboy, doesn’t it make sense that you would need to show one to do something far more important, and something that affects everyone else?

January 25, 2005

Reform

Filed under: Government — Bunker @ 5:05 pm

The latest post at Lexicography is about laws being implemented to “reform” some federal program.

My first question is: why do our current laws require so much reform? Why are our laws in such dismal shape that almost every major one is in need of not only improvement but “reform” as in reform school? How did we get such bad laws in the first place?

Amen.

Laws and programs need to change because they are almost never given any real thought except in regards to their expected political outcome. Which group can the politicians mollify with dollars?

I’ve often considered how to force our Congress to take a simple step which would make government not only cheaper, but more efficient. Here it is:

Every law which expands or creates a new organization must, at the same time, reduce or eliminate another government organization a like amount.

Every increase in funding for a program must be balanced by a decrease in funding for another program.

If you want an efficient government, you must replace something with something better. Improvement is hard to achieve without doing so. “Reform” hasn’t worked in the past except by doing just that.

January 12, 2005

American Civil Liberties Union

Filed under: Government,Society-Culture — Bunker @ 7:45 pm

Taranto points out this from the ACLU web site:

It is probably no accident that freedom of speech is the first freedom mentioned in the First Amendment: “Congress shall make no law…abridging the freedom of speech, or of the press, or of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The Constitution’s framers believed that freedom of inquiry and liberty of expression were the hallmarks of a democratic society.

Now read the real thing:

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.

Any doubt in your mind, now?

December 20, 2004

Rummy Should Stay

Filed under: Government,Military — Bunker @ 6:22 pm

Some people want Donald Rumsfeld gone.

“I’m not a fan of Secretary Rumsfeld,” Lott, R-Mississippi, told the Biloxi Chamber of Commerce on Wednesday morning. “I don’t think he listens enough to his uniformed officers.”

Lott added his voice to that of John McCain, the Man Who Would Be King. Paulie, et al, talked about this topic. Nathan Hale thinks it’s time for Rummy to go, too.

I pay attention to Paulie and the gang because they are far closer to the Pentagon action than I am. But I worry that the “uniformed officers” Lott is talking about are senior ones–generals and admirals–at the Pentagon. They are seldom happy about change, and Rumsfeld has been very (dare I say it?) progressive about the form the military should take. My knowledge of junior officer opinion comes second-hand, and they overwhelmingly support Rumsfeld.

If Rumsfeld manages to make it through eight years as SecDef, the military will change. Eight years is a third of the normal military career. It represents some 24,000 new officers graduating from the military academies and assuming leadership positions. Those commissioned second lieutenants or ensigns in 2001 can end up with gold oak leaves in that time. Bureaucracies change slowly, but military line units adapt far more rapidly than ossified headquarters. And the Pentagon houses many relics in uniform or suit and tie.

Personally, I’d like to see him stick it out for both Bush terms. His attitude can certainly bring change, and the young professionals out there can make sure it meets the requirements of line units rather than those of people far removed from operations.

Go on the Attack

Filed under: Government,Society-Culture — Bunker @ 5:48 pm

Today, Neal Boortz had a segment on the dismissal of Christmas from public observance.

Make no mistake. This is not about separation of church and state. This is not about congress not making a law affecting the establishment of religion or the free exercise thereof. This is not about trying not to offend people. This is about punishment. This is about retribution. This is about the red vs. the blue. This is a war being waged by elite leftists against what they perceive to be the great unwashed, the God-crazed inhabitants of the red states; the people who put George Bush back in office for a second term.

Of course, the aegis of all this is “separation of church and state” perceived as something mandated by the Constitution. Let’s refresh our memories a bit, shall we?

Amendment I: 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.

One of Neal’s callers cited this, once again, emphasizing that only Congress could actually violate this part of the Constitution. I agree, but Neal pointed out that the Fourteenth Amendment is used to extend this constraint to state and local governments.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Okay. Let’s do just that. ACLU–are you in favor of that extension? Do you as an organization believe that the First Amendment should apply to city ordinances as well as federal law? C’mon, ladies and gentlemen…it’s a simple yes or no question.

Good. I knew you would agree. So, I expect the ACLU to now go after every city and state which has laws and ordinances “prohibiting the free exercise thereof.” That includes prohibitions against Christmas trees, carols, and Nativity scenes.

Sure, I’ll hold my breath waiting for that to happen.

December 15, 2004

ACLU Bullies

Filed under: Government,Society-Culture — Bunker @ 9:34 am

There has been, for some time, a movement to infuse our government with a semi-official religion. It is most visible in our public school systems. The lead for this movement is the ACLU. And they use the power of money to drive their agenda.

The ACLU just filed suit against a school district in Pennsylvania because the schools include intelligent design as a possibility for the creation of the universe. No, the schools aren’t teaching that God created all. They simply include the possibility of “something” creating all along with other theories. The ACLU cannot stand for anything other than evolution being taught.

Their religion? Secular Humanism.

Joseph Farah devotes a column to this topic, and I will not attempt to rehash what he has already covered. But I do agree with his assessment of secular humanism as a religion. So does the Supreme Court. The definition of religion is

A set of beliefs, values, and practices based on the teachings of a spiritual leader.

A cause, principle, or activity pursued with zeal or conscientious devotion.

and that fits quite nicely. Faith is the key.

Confident belief in the truth, value, or trustworthiness of a person, idea, or thing.

Belief that does not rest on logical proof or material evidence.

Faith is also the key in Darwin’s theory of the evolution of man. I have to say I’m not cognizant of all research on this topic, but I have yet to see anything that shows evolution outside of a given species. I do believe evolution is fact, and species adapt by having progeny with characteristics which better equip them to survive. Survival of the fittest is seen any time you watch some nature show, and the weak or infirm, or those with inadequate protection/camouflage being done in. Those who survive are those who can outrun or hide better. Three men being chased by a lion don’t have to outrun the lion—they just need to outrun one of the other men.

No findings I’ve seen show any indication that human beings evolved from anything other than human beings. The same holds true for any other species.

Yet there seems to be “consensus” on this theory, as there is with many others. And that is the topic of Michael Crichton’s lecture at CalTech on January 17, 2003. Science of consensus isn’t science at all.

As an engineer, I understand this. Unfortunately, many people not involved in science, and a small number who are, use consensus as their argument or “proof.” Crichton cites such luminaries as Carl Sagan, who often stated his opinion as fact, and marketed it well.

Crichton takes on such “common knowledge” issues as second-hand smoke, extraterrestrial life, and evolution. None of these are based on solid research or evidence, but are accepted on faith—and consensus. Crichton explains, quite clearly, that consensus is actually the opposite of good science. “Everyone in Science” knew the Earth was the center of the universe, and anyone who disagreed was insane. “Everyone in Science” knew numerous diseases were contagious, even when researchers showed they weren’t, rather they were caused by diet. “Everyone in Science” knew the world was flat.

The true scientist is outside the consensus, and is belittled.

In past centuries, the greatest killer of women was fever following childbirth . One woman in six died of this fever. In 1795, Alexander Gordon of Aberdeen suggested that the fevers were infectious processes, and he was able to cure them. The consensus said no. In 1843, Oliver Wendell Holmes claimed puerperal fever was contagious, and presented compellng evidence. The consensus said no. In 1849, Semmelweiss demonstrated that sanitary techniques virtually eliminated puerperal fever in hospitals under his management. The consensus said he was a Jew, ignored him, and dismissed him from his post. There was in fact no agreement on puerperal fever until the start of the twentieth century. Thus the consensus took one hundred and twenty five years to arrive at the right conclusion despite the efforts of the prominent “skeptics” around the world, skeptics who were demeaned and ignored. And despite the constant ongoing deaths of women.

After citing example after example, Crichton offers his conclusion:

Finally, I would remind you to notice where the claim of consensus is invoked. Consensus is invoked only in situations where the science is not solid enough.

The Atlanta Journal-Constitution, or “Urinal-Constipation” as Boortz sometimes calls it, has coverage (registration required, more here) of the issue at the Pennsylvania school:

Eight families have filed a lawsuit against a school district that is requiring students to learn about alternatives to the theory of evolution, claiming the curriculum violates the separation of church and state.

The ACLU and Americans United for Separation of Church and State said the lawsuit is the first to challenge whether public schools should teach “intelligent design,” which holds that the universe is so complex that it must have been created by some higher power. The two organizations are representing the parents in the federal lawsuit.

Here is where the power of money comes in. Regardless of the validity of a complaint, how many school districts in this country can afford a legal fight against the well-funded ACLU? That is why the ACLU likes to jump in on lawsuits of this type. They are easy to win by default. A school district looks at the cost, and decides they would be better off simply caving.

Of course, the issue really is whether Darwin’s theory is just that—theory—or fact. And I’ve seen no support of the particular theory, only facts and research which support the more general theory. Their faith—religion—is that it is true. Since there is no scientific proof, the school district is teaching that there are other theories. Yet the human secularists will tolerate no other god but theirs, and will impose their religion through lawsuit.

That, my friends, is what the First Amendment was written to prevent. Galileo would still be a heretic today.

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