Category Archives: Philosophy

Lawful Vs Legitimate

Ever since the election there has been a great deal of talk about whether President Trump is the legitimate or illegitimate.  I’d like to put my two cents in for what it is worth.  To place my bonifide’s on the table let me just state the following for those of you who do not know me.  Just about 50 years ago I was granted a B.A. In Political Science by CSUN.  One of the things I studied was the many arcane definitions, like all sciences, that are used in Political Science.  The definition of Legitimate and Lawful were two among many.

Like all sciences, political science has many words that have definitions that are ‘discussed’ (read that argued hotly) by holders of deferent theory’s.  Legitimatcy is one of the favorite words to discuss. (If you don’t believe me just google “Political Science definition Legitimatcy” and see what pops up.). Like all other students of Political Science I, too, have my own preferred definition which I will now try to write down here.  To me a office holder is “Legitimate” when

A person(s) is elected or appointed to an office by following the excepted laws, norms and customs of the polity the to which the office is a part of.”

Not very clear is it?  ;) To try and make it clearer what I’m trying to say is this.  The legitimacy of an elected official is not just following the letter of the law(s) governing the election.  There are customs and’ norms’ of the process and these ‘norms’ and customs are often not stated, or not stated clearly and far worse they are only held/ expressed at an individual level.  This means that each and every person of the polity in question has the right and privilege of deciding if the office holder is legitimate or not.

This is where President Trump gets into trouble.  He is the lawfully elected President of the United States of America.  All the “T’s” were crossed and all the “I’s” doted in the election procedure.  The Electoral College members were lawfully elected in the several states. Thier ballets were lawfully cast and properly counted and Donald Trump got over 270 of there aforesaid votes.  He won and has duly and lawfully sworn in.  He is The President.  By Law.  But now the problems start.

Unlike the President, or CEO, of a Company, POTUS does not get his job done by telling everyone else what to do.  He has to work with both Houses of Congress.  He has to work with the governments of the  several states, often as not.  In fact, if a President try’s to tell the Congress, ‘do this because I say so!’ He can get in trouble, even when they agree with him, Congressmen/women and Senators will get their back up and say “Wait just a God Damn Minute, Mr. President”.  An sometimes they will just not do what needs to be done because they are mad a him or don’t think he has the legitimate ‘right’ to do what he want’s to do.  To get things done the President need to have what is called now “Political Capital” and a primary source of Political  Capital is how many people view the legitimacy of the President at any given time.  An here is where President Trump has his problem.  His entire election has been about defying norms and customs.

President Trump has not released his tax returns before, or after, the election as has become the norm.  He has show he does not care if there is any conflict of interest, either apparent or real, between his own personal wealth and the Office of the Presidency, as has been the norm for over a hundred years.  He has attacked the White-house press publicly and personally and has stated he wishes to ‘ban’ some of the press corps from the White-house.  I could go on but these few items do illustrate my point effectively.  President Trump not only does not follow the Norms and Customs of our government he seems to be seeking out ways to violate them.  Sometime in the future, sometime very soon if he keeps on going the way he is going, he will finally over steps the bounds and then all hell is going to break out.

When he does step over the bounds it is vitally important that those of us who work to bring him to justice stay with in the bounds of American protests.  We must stay peaceful, no mater how hard it is and don’t mistake me, it will be hard.  For some of us it will be the hardest thing we will ever do.  But do it we MUST!  We must follow in the footsteps of the great peaceful protesters of the twentieth century, people like Gandi and Dr. King.  We must be willing to let the forces of oppression knock us down and then stand back up and not strike back.

The time is Now, the place is Here.

Say It Ain’t So

Say it ain't so, Joe.I selected this plaintiff cry from a young baseball fan from almost a hundred years ago for a good reason.  I am asking everyone out there who reads this and for the past eight years have talked so strongly about how corrupt, unethical, criminal, etc the Democrats in congress, POTUS, Hillary Clinton, etc was, is to now to do something both very hard and very easy.

If you live in a state with even one Republican Senator, please contact them, phone is best (it is the ‘hottest’ medium) but email will do, and tell them you want them to insist that every one of POTUS-Elect Trumps nominations must compleate the Office of Government Ethics review(s) before they will progress past the  Committee  hearings.  Do this for for two very good reasons.  First, and foremost it is the right thing do.  You and every other American deserves people in government who can unabashedly show history.  Who can smile and say, “See I did all this and I have everything to be proud about it.”  This is after all this is what you were asking of the last Admenistration so why not use this opportunity to show you mean what you have said.

This leads us to the second reason to do what I am asking.  Show us that it is not “Just Politics” when you told us that you opposed Hillary because she was ‘crooked’.  You have an excellent opportunity to take the high ground in new year, new congress and new Admenistration.  You can show anyone who will bother to look that you believe in what you have said about honesty and eithics so much you will hold those who you believe in and support to the same standards you have held others too.

If you do this and if the Repubican controlled Senate does it you will be able to put to LIE those of the left you say you are just a bunch of hypocrites.  So I challenge you, Do you really so believe what you have been saying for ever so long.  Are you strong enough, brave enough, believe in your rhetoric enough to put your words to the test.

I wait with bated breath.


 

Reaping the Whirlwind

To all of the voters out there who voted for Trump because he would shake things up.  Congratulations, your going to get your wish.  Unfortunately your not going to like the changes your in for.

There is what I’m told is an old Chinese Curse:

May you live in interesting times

May people in high places know your name

May all your wishes come true

I truly belieave that the election of Donald J Trump has brought down this curse upon your head.  Unfortunately a lot of not so innocent bystanders, myself included, are in the damage zone.

You wanted to shake things up.  To though out all the corrupt politicians (an by this you meant every politician that didn’t agree with you).  To ‘drain the swamp’.  Someone who talks straight and says what he means.  Be happy, your going to get all these things and more.

Trump is well on his way to shaking every thing up, unfortunately it is going to be more like a magnitude 7+ earthquake on alluvial than on bedrock. An just like an earthquake on alluvial  there is going to be way more collateral damage than expected by those who wish to shake things up.  So be happy with everything falling down around your head, you have gotten what you wished for.

A new mission

Today I am repurposing this site to ending the Post-Truth era of American politics.   I promise to stand against the idea that worlds mean only what the speaker thinks (says) they mean.  That road leads to insanity.  To start this battle I will say this about logic and reason.

For those of you who are not really familiar with logic let me say this:  In most forms logic a statement has three states, not two most people think.  A statement can be can be “True”, it can be “not True” (False) and fianly it can be “undefined” (that is there is no way to no if the statement is iehtger True or False).  A great deal of logical reasoning involves moving a statement from the undefined state to either the Ture or the False state.  Sometimes it is impossible to do this, and this is the problem we are facing.

In the coming days all Americans will be faced with the problem of deciding just what our elected and appointed leaders are telling us and in this new Post-Truth age it will not be easy.  It is to this effort of finding out just what statements are True, are False or are still undefined that I rededicate this blog.  I will label as “Undefined” (U) any reports or comments that come to me without proper citation(s).  I will research each and every source of a statement to the best of my ability to let you know where the statement came from and what it is passed on.  I will tell you if I then find the statement True (T) or False (F) and will live it up to you to judge for yourself.  Finally I will call out every instance of anyone basing the truthfulness of a statement solely on what they believe.

This is my promise to you.

Another Modist Proposal – National Militia

This is not a post calling for any kind of “gun Control”, so get that out of your head right now.  I have come to the conclusion that in the current political environment it is not possible to have a rational and calm discussion on the subject.  Instead I wish to make a proposal that just may help with the problem of ‘open carry’ & also ‘mass shootings’.  Do take note, the only way these two subjects are related is they involve people and guns.

What I want to propose is a revival of the “Embodied Militia of the United States”.  What I am suggesting is that everyone between the ages of 18 and 65 who owns any kind of ‘arms’ such as an assault rifle or used by any of our regular armed forces be required to enroll in the National, Embodied Militia of the United States or the State Militia in which they reside.

That sead Malita must require the following

1) Each member must attend one weekend, 16 hours, training every month.  Such training will include the safe and effective use of the arms which has qualified them for membership is the militia.  This shall be in addition to training and/or activities required by the State or National Government.

2) Each member shall be held responsible, at all times, for the safe use of theirs arms under either the National Uniform Code of Military Justice (UCMJ) for the “Embodied Militia of the United States” or in the case of State Militias any such military laws as seen as necessary and proper by the State.  In cases where the State has no laws then the UCMJ shall be used.

3) At any such time that the Congress feels that a National Selective Service (aka Draft) is needed those members of the National or State militias that met the age, health, and other requirements shall be inducted before any none member person shall be inducted.

The first test of NRA meme is in

imageThe first major test of the NRA’s mime “A good guy with a gun is the best solution to the mass shootings” is in.  At last week’s mass shooting in Dallas Tx of police can and should be considered the first test of the forgoing meme trotted out by the NRA after mass shootings.  In this case we have so far reported 15 ‘open carry’ supporters at the shooting site.  To date not one of the 15 has been reported to have supported any of the police in the police’s response to the shootings.

While a single sample like this can not be taken as anything but a start it is suggestive that there may be something incorrect with the meme.  First point is that so far not one of the reported “Good Guys with a gun” even attempted to engage the shooter.  In dead most have been reported to have evauated the area with “all do haste” as the unarmed citizens did.  In one well documented instance the the person carrying an assault rifle turned over his gun to a policeman once the shooting started as he did not want to be mistaken as the shooter.  A demonstration of very good common scince.

What conclusion can be drawn from this insedent?  Not much.  We can draw the inference that when untrained people are faced with combat situation, even when we’ll armed, they will not stand.  Instead they will flee.  This phenomenon has been known to both the military and police for many many years.  An is why untrained levies are considered worse than useless by the military.  It may also be why the 2nd amendment starts out talking about a “well regulated militia”, but that is for another post.

The 2nd inference that can be drawn is that when someone who can not be quickly identified as a “Good Guy”, that is someone on your side, it is best to not appear as a threat.  In this case, unarmed, or not in the area in question.  An if you start out armed, get disarmed as quickly as possible to someone who is identified as a “Good Guy”.

“Say it ain’t so, Joe!”

imageOnce more we have two men shot by the Police.  Both of them were carrying fire arms.   The current facts, as known, says one had both the proper license and all the proper paperwork and told the Policeman in question that he was carrying and he was going for his ID before he was shot.  The other, in a state that you do not need any special permits to carry a concealed weapon was shot when someone, I’m not sure if it was a Policeman or not, is supposed to have shouted “He has a GUN.”  So far the only thing these two men have in common was they were both “Black” and male.  So my where is the outrage from the NRA?

These two ‘good guys with guns’ were exercising their 2nd amendment right to keep and bear arms and they were shot down by the Police.  Where is the righteous indignation of the NRA?  Where are the interviews on FOX News with all of the “open carry” advocates?  Why the stunning silence?  Can it be that the 2nd Ammendment only applies to white men?  “Say it ain’t so, Joe.”

Of Hate and Terror

I’ve waited till now to talk about the horror that happened in Orlando till now to let thing settle out a little. It seems to me that one. Of thing things that is being talked about is if this was a “Hate Crime” or an “Act of Terrorism”. First off, under the law there is no reason why it can’t be both. Often people do things that are more than one thing. I’m sure you all can come up with examples on you own so I shan’t bother too.

What happened in Orlando was a crime who’s motive was hate pure and simple. Weather it’s purpose was also to inspire terror for political or religious reasons we may never know. The perpetrator does not seem to have left any manifesto tell us why he did what he did nor what he wanted to accomplish by his actions. With out this it becomes very hard winkle out just what his motivations were. To help you out here are some thoughts. Of mine.

From several of his statements the investigators have so far deduced that he, the perp, a deep and abiding disgust of male homosexuals, that is Gay Men, and that he was deturmand to do something about them. Given this it is easy to say he did commit the crime of premeditated homicide and his motive was hatred of Gays. This means we can feel safe in charging him with both the crime of Homicide and with the crime of “Hate Crime”. (One point here is I don’t know enough about Florida law to say if this would be separate charges or if “Hate Crime” is just a mitigating factor)
Now on to if what happened was an “Act of Terror”, as the law understands it. First let me make it very clear that I do not Beale for one instant that a great deal of Terror has resulted from the events in Orlando. It harcons back to the bad old days of the closet for the LGBT community. I feel sure that if this had been a night club for Catholics, or for Backs, or Native Americans, et al, we should have no trouble at all in jumping to the conclusion that this was an “Act of Terror” but because it was “Gay’s” we stop and wonder. This is a debate we should not be having, I say that ANY mass murder is ‘prima facia’ an act of terror and should be treated as such. If you wan’t to say it wasn’t then it is up to you demonstrate that it wasn’t.
We may never know if the purpose of the Orlando Mass Murder was to instill terror in the LGBT community. An, except from a leagal standpoint it doesn’t really matter. What matters is that terror has been instilled and these fellow American need our help. We need to show them we understand their fear, and anger. That we are just as horrified by what as happen as they are and we are going to do everything in our power to help them. To this end I say the following:

To all those Christians who preach hatred, loathing, combination to the LGBT Americans I say this
Get thee behind me Satan
You may thank you are doing God’s work but you are not.

Judge Curiel & One No Trump

Judge Gonzalo Curiel

For the past couple of days I have been following the media struggle with Trump’s latest comments.  It has brought to light a long and traditional problem in American politics.  Specifically, how can you tell if a person is racist, sexist, anti Semitic, et al.

This is a problem I’ve been dealing with since I really became aware of politics way back 1968.  For ease of reading/writing I will only talk about racist but feel free to use any other ism/ist as you wish.  It all works the same.

I’ve heard multiple times people who are asked if Trump’s comments about the Judge, Gonzalo Curiel, means he is a racist?  Are the comments racist.  An other derivations on the theme.  For the first day or so most people dodged the question and tried to talk about something else.  In the last day or so more people have been saying the statement(s) were racist but that that doesn’t mean Trump is a racist. Or they say they can see into Trumps hart or they can’t read his mind so they can’t say if he is or is not a racist.  For what it is worth here are my two cents.

As I said before, I’ve been dealing with this problem of deciding if someone is a racist or not for a very long time (see above) and the best advice I ever got is this. “Until you can look into a man’s sole you have to judge a man by what he says and does.”  We have to judge Donald Trump by both his words and deeds.  When it comes to the judging I’ve always tried, and sometime succeeded, to err on the side of understanding.

When someone says or done something racist I try to let them recant (correct) what they have done or said.  After all we all act badly from time to time.  BUT when someone repeatedly keeps doing or saying racist things or when they ‘double down’ I have to take them at their word and that word is I’m a racist.

In the case of Donald Trump, for me he is a racist.  Not the worst that I have ever known, not by a long shot, but still a racist.  Something to remember this election year.

“That’s are line!”

http://talkingpointsmemo.com/livewire/george-will-sexual-assault-statistics

This weekend George Will came out saying that “Focus on rape has made ‘Victimhood a Coveted Status.'”  This is funny coming from a movement Conservative. For the entire time I have been aware of politics as ‘The Only Game for Adults’ conservatives have been saying ” The {evil, bad, liberal} {fill in the blank} are attacking us.  We’re the true victims here.”  Will seems to be saying here “For shame, your saying your a victim.  You can’t say that.”

It’s almost as if he thinks that Conservatives have taken out both a copyright and Trade Mark on the word and music.  While I haven’t done even the mildest ‘rigorous’ study it seems to me that for the last six years, more and more, conservatives are taking the view that non-conservatives are making being a victim {fashionable, stylish, coveted…}.  To my way of thinking the is a most egregious case of the kettle calling the pot black.  This is just plain wrong and George Will should be turning bright red with embarrassment have even thought, much less said such a thing.

In the case of RAPE he should hide his face.  By Definition anyone who is reaped is a victim.  Having known a few rape victims I know just how hard, and how much courage it takes to tell anyone they have been raped…much less report it to the authorities.  Our society still makes the victims of rape feel like they have done something wrong.  That they are somehow have done something to be ashamed of.  That they are now, in someway, untouchable.  Until this has changed no one, most especially someone who is a public figure like Mr. Will, should think twice before saying being a rape victim is a coveted status.

More on the GOP/Conservative/Religious Right’s copyright/TM on victim/oppressed in a later post.