ehowton: (Default)

Compassion isn't a political agenda item. Peace and conservationism aren't Leftist ideas, yet modern-day pundits decry it as a Socialist movement - something which threatens to tear the fabric of Democracy from our fingertips. Mention "giving" or "helping" or "recycling" and young Conservatives immediately close their minds to the liberal propaganda which is sure to follow, when in fact its these very ideas - peace, love, giving - that all people, regardless of political alignment, strive for and promote every single day. Conservatives tend to just not want it legislated. That's different than not giving.

Compassion is not a political weapon to be wielded. Its not to be denied, nor assigned to any group of people. Its a universal label, to be applied freely by all. Where then lies the stigma?

The problem isn't necessarily the Right and Left Wing talk show hosts equally stewing feverishly in their spun tales - for anyone with any level of maturity will soon come to realize neither camp is ever completely honest. In fact the very basis of that hosts existence, no matter which side they're on, is to accuse the other side of doing it wrong. My conservative friends don't listen to Olbermann, and my liberal friends don't listen to Rush. Unless its to get inflamed about something - because its the perfect environment for that; An emotional powderkeg. They don't listen to their respective personalities out of anything more than confirmation. Justification for their thoughts and actions.

No, the problem (as always) is people. People who are too busy lining up to be labeled to listen to what's being said. I am by no means advocating "vote for the person instead of the party" rather, I'm asking everyone to just take a step back from politics for a moment and consider the harm its doing to our opinions of one another by way of these labels, and the part you're playing through the propagation of this myth - the myth that your politics or religions are making this world a better place.

If you really wanted to make the world a better place, you'd lay down your political party and your religion and you would follow the ethic of reciprocity: Do unto others as you would have them do unto you.

I don't follow this advice more than when I'm behind the wheel of my car. I treat everyone how I wish I were treated, and my short commute is filled with the happy thoughts of a nation of drivers who aren't rude, careless, ignorant, angry, or stupid. Hands down its one of the more difficult things I do during the course of my day because it hurts my soul that most people simply don't care.

These same people, they've labeled themselves and call themselves by any number of names: Republican, Christian, Democrat, atheist, liberal, conservative...and they all pride themselves on being more open-minded than those who disagree with them. How wonderfully flawed.

Truly living by treating others as you yourself would like to be treated would culminate in a whole host of other little problems given our diverse nature, but it would be a damn fine start to a better world.

All of them, better worlds.
Date/Time: 2010-11-15 16:11 (UTC)Posted by: [identity profile] schpydurx.livejournal.com
Its obvious you're unaware of the controversy surrounding the Arizona Immigration Law.
I am very aware of the so-called controversy surrounding the Arizona law. Being a student of Constitutional Law, I do not see how the Arizona law violates the Constitution. Arizona SB 1070 was well within the bounds of the Constitution as the only thing SB 1070 did was give the State the power to enforce Federal Law that was already on the books that the Federal Government was failing to enforce.

As Article VI, Section 1, Clause 2 of the United States Constitution states (otherwise knowns as the Supremacy Clause) states:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding


Therefore, since the United States has a treaty with Mexico that defines our Southern border between the two sovereign nations, the United States of America has the right to police her borders. This is true on both a Federal and a State level. Furthermore, the Tenth Amendment of the United States Constitution states:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


Please note that nowhere does the US Constitution construct such entities as the FBI or the CIA. In fact, both of those entities are 20th century byproducts. It was NEVER conceived that Federal criminals could not be apprehended by local law enforcement. This idea that Federal Law trumps all is modern invention of the Democrat party to pre-empt Nullification, a process that Thomas Jefferson STRONGLY defended and used himself. Why bring up Jefferson? Because he was the mentor of James Madison, the Father of the Constitution and Madison and Jefferson agreed on this issue, hence the Virginia and Kentucky Resolutions of 1798 and 1799 respectively–nullification laws.

So I have made a Constitutional case for Arizona SB 1070. As stated earlier, the only possible reasons for this law being un-Constitutional is if driver's licenses and vehicle taxes (otherwise known as car tags) are illegal. Both driver's licenses and car tags are State laws and thus State issues; requiring to produce documentation, therefore, can either be construed at a Fourth or Fifth Amendment argument.

I do not believe that it is a Fourth Amendment argument given that there is probable cause for the traffic stop in the form of a violation of an existing Arizona traffic law or city or county ordinance. The question then becomes, is it self-incriminating to produce documentation in any circumstance and therefore a violation of the Fifth Amendment? That question is left for greeter minds than mine. I lean towards yes, but if having to produce documentation is a violation of Fifth Amendment rights, then driver's licenses and vehicle taxes are therefore un-Constitutional and therefore illegal.

The Fourteenth Amendment doesn't apply here because SB 1070 does not require any one group of people to do anything that any other group of people is required by law to do, ergo there is equal protection.

Please cite your Constitutional reasons for the un-Constitutionality of SB 1070.
Date/Time: 2010-11-15 17:50 (UTC)Posted by: [identity profile] ehowton.livejournal.com
Please cite your Constitutional reasons for the un-Constitutionality of SB 1070.

Not everything I disagree with is rooted in unconstitutionality. I don't agree with some of the online games my son plays, but that doesn't mean they're unconstitutional. Likewise, the constitutionality of your impressive retort doesn't magically eradicate the disagreements surrounding the law. Sometimes there are going to be those who disagree despite these facts. The maturity is in acknowledging that. Also, a basic understanding that not everyone is going to agree with you all of the time.

As a lover and defender of freedom, I preach caution where broad strokes of law have the potential to chip away at liberty. And only because I'm familiar with your modus operandi I'll remind you this does not make me a Socialist, or a Democrat. Again dude - shades of gray. I have a different perspective than you.

Lastly, the controversy surrounding the law is not "so-called." It actually exists by way a misunderstanding of its intent. Denying it isn't going to make it go away, and in fact, facing it might greatly increase your street cred where this concerned.

I love you for your passion, and your opinion, but you lose your audience when you're dismissive and inconsolable. Conservatives historically allow for a variety of viewpoints, and we will fight for your right to say or do things we may not agree with in the name of freedom.

Only Democrats and the Sith deal in absolutes.
(deleted comment)
Date/Time: 2010-11-15 19:12 (UTC)Posted by: [identity profile] ehowton.livejournal.com
:D
Date/Time: 2010-11-16 03:53 (UTC)Posted by: [identity profile] schpydurx.livejournal.com
Not everything I disagree with is rooted in unconstitutionality.
When it comes to law, the only reason to disagree with a law is if it is un-Constitutional or not. Every other reason is superfluous.

The controversy surrounding the law was manufactured by the media to push a political agenda. As I explained before, a Fourteenth Amendment argument doesn't apply here because the law treated all drivers the same, ergo, there was equal protection. Was this ever discussed by Joy Baher, Keith Olbermann, Rachel Maddow or Bill Maher? No. Why not? Because they don't care about the Constitution. All they care about is pushing the talking points they've been assigned to read off the teleprompter because they think they're special because they are on TV.
Date/Time: 2010-11-16 11:30 (UTC)Posted by: [identity profile] ehowton.livejournal.com
When it comes to law, the only reason to disagree with a law is if it is un-Constitutional or not.

What an ignorant statement. Have you ever heard of Eminent domain? That's Constitutional. You would agree to let the Government take your land because they needed it without argument? <-- cause there's no reason to disagree with that law.

You're a real swell guy.
Date/Time: 2010-11-16 14:24 (UTC)Posted by: [identity profile] schpydurx.livejournal.com
Eminent domain is NOT Constitutional as you have put forth the concept here. The Takings Clause from the Fifth Amendment reads thusly:

…nor shall private property be taken for public use, without just compensation.


This clause does not give the government power to simply ride into town, throw money at a private citizen and take the land. "Just compensation" means an economic equilibrium; that is to say, the buyer and the seller agree on the price of the land in order for a transaction to occur. True, the Supreme Court has taken a Hamiltonian approach to the subject, but that is neither the end of the discussion or final arbitration.

In fact, if you look at what rights Fifth Amendment was protecting, you can see that this clause was a limit on government power, not a grant of power; the previous Amendment assert the basic human right to one's property (search and seizure are only allowed by a court order called a warrant) and the Fifth Amendment reinforces that righting the previous Due Process clause. The only way that the Takings Clause can be interpreted as a grant of power is to take the clause out of its proper context of limiting the government vs. empowering the government.
Edited Date/Time: 2010-11-16 14:25 (UTC)
Date/Time: 2010-11-16 15:43 (UTC)Posted by: [identity profile] ehowton.livejournal.com
You're arguing the wrong point here. I implied "just compensation" when I brought up eminent domain. I don't require eminent domain defined for me. The question was, is it possible - possible mind you - that you could disagree with the law if they were trying to "just compensation" something of yours that you wanted to keep despite its Constitutionality?

Let me put it another way:

Image
Date/Time: 2010-11-16 15:49 (UTC)Posted by: [identity profile] schpydurx.livejournal.com
You totally missed my point. I'll repeat it here once for your benefit:

if you look at what rights Fifth Amendment was protecting, you can see that this clause was a limit on government power, NOT a grant of power;


It takes two parties for a transaction to be complete. The government can offer to buy land, but it does not have the power to take land. Such a Hamiltonian view only leads to a usurpation of power culminated in a dictatorship, exactly what the Constitution was designed to prevent.
Date/Time: 2010-11-16 18:11 (UTC)Posted by: [identity profile] ehowton.livejournal.com
You're mistaken.

The clause limited the government's ability to take your land for "public use" and added "just compensation" which US Courts held that the proper measure of which is "fair market value."

Re-read my comic above.

Basically, its ridiculous to think that everyone should agree with every law which is Constitutional. That was one statement of yours I should've had the sense not to argue.
Date/Time: 2010-11-16 18:26 (UTC)Posted by: [identity profile] schpydurx.livejournal.com
This is the third time that you've failed to see my point. My point is that the phrase "just compensation" means a price that both the buy and the seller thinks is appropriate. This is also known as the Randian concept of the Value Proposition otherwise known as Value for Value. If the seller doesn't want to sell, the government can't buy. The Takings Clause does not give the government the power to presume ownership simply because it waves cash around.

As I also explained, just because the Supreme Court has ruled on a subject doesn't not mean that is the end of discussion on the topic. The same issue can be tried again in the Court and the Court may reverse itself or clarify its earlier ruling. Likewise, Congress acts as a check on the Court by issuing new laws and the President provides balance by selecting justices to sit on the bench after approval of the Senate.

Your comic is an oversimplification of the issues being discussed here.

Basically, its ridiculous to think that everyone should agree with every law which is Constitutional.
This is the most ignorant thing you have said to date!

If one shouldn't agree with every law that is Constitutional, what's the point of having a Constitution, given the fact that

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

--emphasis mine


If we are not going to judge our laws by the measuring stick of the Law of the Land, what measuring stick shall we use?

What then is the purpose of the Constitution?
Date/Time: 2010-11-16 18:36 (UTC)Posted by: [identity profile] ehowton.livejournal.com
lol
Date/Time: 2010-11-16 18:39 (UTC)Posted by: [identity profile] schpydurx.livejournal.com
That's exactly what I thought. You can't answer this simple question and are therefore unqualified to continue in this discourse. You have proven that you don't have the proper tools to engage in intelligent conversation on this and related issues.
Date/Time: 2010-11-16 19:37 (UTC)Posted by: [identity profile] ehowton.livejournal.com
I love you anyway.
Date/Time: 2010-11-16 23:24 (UTC)Posted by: [identity profile] schpydurx.livejournal.com
This has nothing to do with your hippy concept of free love.

You ought to be ashamed of yourself! You took an oath to defend and protect the Constitution of the United States, yet in a time when it mattered most, you broke your oath and scoffed at a document that many a free man has shed blood and died for. As indicated on the thread on my blog, morality means nothing to you; all you care about is where your next lay is coming from. Your word means nothing to you because you failed to uphold your oath to the Constitution.

What do you have left to cling to?

I suggest that you prostrate yourself before God and spend some time soul-searching and reflect on what you have done here today: invalidate everything that you claim to take a stand for.

Good work!

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