Turbo Man Dolls and Chirstmas

Disclaimer: This post (as well as the blog in general) in particular is of my opinion only and nobody else's including my employers.

The retail industry is the only industry that I've known and worked for in my 22 years of existence.  Sure, I've shadowed and seen other industries, but never the first hand experience.  Those that know me, I've experienced the "big box" retail operations versus smaller retailers and there are differences in terms of customer service focus, scope, and communication.  At the end of the day though, we're just serving customers.

By working in this industry, it seems like watching "Jingle All the Way" with Arnold Schwarzenegger and Sinbad as the main character fighting for the "must have" toy of the Christmas season, the Turbo Man doll.  It's much like the Tickle Me Elmo's and other popular toys that have been listed as "must haves" each year.  Although this year, the commercialism has taken, in my opinion, turns for the worst.  It's really playing to the selfish side of people.  Every time I walk into McDonald's I see "Enjoy Season's Craving" with a McFlurry.  You really can't forget the Rebecca Black commercial for Kohl's for Black Friday or the rounds of news reports of violence for that weekend; however, I want to address what every retail worker sees every Christmas season: the stupid, the idiot, and the grumpy customers.  I know for the most part, I never lash out at strangers, but inside my head, this is what is happening.

The Stupid -

Many retail workers will understand my rant against customers whom act stupid.  Most of us has at some point before working in retail acted as stupid is a store, but when working, we see a lot of stupid acts.  I think the biggest peeve in this department is parents acting stupid and not controlling children to wreck havoc in say the toy section.  We appreciate to instill self-discipline in your children or leave them with a babysitter instead of having them run around, crying uncontrollably or wrecking merchandise.

Unfortunately this isn't the only thing.  Being stupid includes having "large gatherings" (looking at you Asians out there) and blocking the way while obvious things like say a cart or pallet jack is trying to pass by.  When we ask you move, please move.  Don't act like we've invaded your personal space or stare at us thinking, "Oh my gosh, people working... who knew! Let's watch."  Don't be stupid about this, moving ensures everyone's safety.  Most of the time, we ask nicely until the requests isn't fulfilled immediately.

The next one goes to bargain-hunters.  I know I've seen this too much, although some days are worse than others. "Is this item an additional off?" or "Sale?"  All well-meaning questions but only in stores that don't really mark their sales well, like in big-box stores and some outlet stores.  I know you want cheap stuff, but it's made cheap.  A lot of the times, you get what you paid for, and that holds true for many things today.  Like I say to customers, "Sometimes, to get what you truly need, you need to pay up for quality over price.  Many good things simply do not come cheap and have quality at the same time."

The Idiots -

Idiot customers are sorta like stupid ones, but bargain-hunters can also be categorized here as well.  However, most of them are of the stubborn sort or "I am king, treat me as such when in store", both need to be brought back to earth. 

They are first off, mighty persistent about things such as, "Do you have thing item in such and such size, I know you have them last week."   Yeah, last week before it all sold out chum.  I do not control the universe or our purchasing of clothing, so stop be a douche.  Or the people that consider themselves "experts" and want help, you asked, but say, "Oh this brand sucks, and this one is better."  At the end of the day, you are buying a name... A NAME.  There is nothing special about a name, that is the last thing to think of.  Most places utilize the same technology and slap a different name on it, although there are different unique technologies depending on the company.  The way I think is, "What's the price?  It is worth it?  What is comparable from another company and it's price?  What's the quality of construction? Customer reviews, good, bad?"  Name?  Why care?  I realize that name is important; however, always shop around.  When approaching them, I felt like I lost 10 minutes of maybe talking to somebody else that would listen instead of rebuke me.

Every year, it seems all of humanity (at least in the US) stoops to the lower common denominator of idiocy. "Oh hey, it's Christmas, let's act like a jerk."  Don't come to me with "Oh, I have this toy that I need for my son, it's .  I need it now.  Meanwhile, I'm dealing with six people, I say, "I'll get to you in a minute after these customers who came before you." 

"But... I NEED IT NOW!!!"

"Wait."  Then I ignore them until I've dealt with the others, hopefully they got impatient and left.

I hate to be stereotypical, but I see this particular thing from African Americans and Latinos to mutter under my breath as "uppity idiocy".  I fear when this particular thing may happen and this group acts like the own everything and sass everyone.  They demand undivided attention and snap back viciously when you don't deliver.  (I know, this is a generalization, but seen it mostly from this group of folks).  Oh I don't have that movie that's been on promotion for the last two weeks and you decide to show up, oh pity.  I've seen this happen when being asked, "So do you carry this item?"

"No."

"Well, Wal-mart does, so you guys should have it too."

"But we're not Wal-mart are we?  This is Target, we carry different things."  (Deal with it).

The Grumpy -

This one customer is a killjoy, just to exist to suck the whatever joy you may have had earlier and then it got leveled by this one customer.  This customer is a rare occurrence outside of the holiday season; however, that is rooted in frantic shopping gone bad.  These are people who simply are selfish bastards that need their demands met without remorse to whomever they are dealing with. 

I tend to deflect this sort of customer into a close box of lies, or when they are acting at full douchiness, just simply treat them the way they treated me.  Grumpy pants customer do not deserve my attention, they deserve, "Get out!" attention.  I will gladly help the idiots and the stupid well before the ones that are pissed off.  I know with grumpy men, they will grunt a lot and usually older men.  With women, it's more subtle, but I can tell.  Just because you're grumpy, doesn't mean to spread your woes on everyone else.

Be the Kind Customer -

Look, sometimes being stupid and an idiot happens, but grumpy, no excuse.  I know it's a busy time of the year and hundreds of stores at one's choosing makes people confused and look clumsy.  But grumpy people, you like the Grinch in reality.  We don't want you, nobody does.

The commercialism of Christmas is a very disturbing trend here in America, there is nothing wrong about giving presents and such, but the problem is the methods or things being done to get the presents.  I've reflected back on this subject many times in my head and I think being with family and friends is the most important part of the holidays.  We've lost that in recent years as we think of giving as a chore instead of a joy to do.

Please, people who shop, for us retail people, but kind and thoughtful while shopping.  Be above the chaos.  Have the mentality of giving because you want to give; not the thoughts of "Oh man, another Christmas is coming, gotta get a gift for Aunt Sally... again, grrr."  Giving is not a chore, it's serious business of giving something from the heart in a physical manner.  At least have the balls to be real with yourself to be a complete jerk to person you don't want to give to, don't give if your heart isn't in it.  If you have do, you're probably sucking up big time  With that note...  

Merry Christmas everyone! 

- Roger

Ex parte Quirin - The Beginning of it All and My Conclusion

Ex parte Quirin -

Ex parte Quirin - Opinion Text

This ruling dates back to 1942 during the height of World War II.  It upheld the fact that the president could order a military tribunal to try war crimes committed by war criminals/enemy combatants instead of trying them in civilian courts.  The interesting thing in this case was that one of the German saboteurs was a US citizen named Herbert Hans Haupt, who was electrocuted on August 8, 1942.

In the decision, they touch on Haupt's US citizenship with this statement:

"All except petitioner Haupt are admittedly citizens of the German Reich, with which the United States is at war. Haupt came to this country with his parents when he was five years old; it is contended that he became a citizen of the United States by virtue of the naturalization of his parents during his minority and that he has not since lost his citizenship. The Government, however, takes the position that on attaining his majority he elected to maintain German allegiance and citizenship or in any case that he has by his conduct renounced or abandoned his United States citizenship. See Perkins v. Elg, 307 U.S. 325, 334 , 59 S.Ct. 884, 889; United States ex rel. Rojak v. Marshall, D.C., 34 F.2d 219; United States ex rel. Scimeca v. Husband, 2 Cir., 6 F.2d 957, 958; 8 U.S.C. 801, 8 U.S. C.A. 801, and compare 8 U.S.C. 808, 8 U.S.C.A. 808. For reasons presently to be stated we do not find it necessary to resolve these contentions. [317 U.S. 1, 21]" 

Citizenship in the United States of an enemy belligerent does not relieve him from the consequences of a belligerency which is unlawful because in violation of the law of war. Citizens who associate themselves with the military arm of the enemy government, and with its aid, [317 U.S. 1, 38]   guidance and direction enter this country bent on hostile acts are enemy belligerents within the meaning of the Hague Convention and the law of war. Cf. Gates v. Goodloe, 101 U.S. 612, 615 , 617 S., 618. It is as an enemy belligerent that petitioner Haupt is charged with entering the United States, and unlawful belligerency is the gravamen of the offense of which he is accused. 

Petitioners, and especially petitioner Haupt, stress the pronouncement of this Court in the Milligan case, 4 Wall. page 121, that the law of war 'can never be applied to citizens in states which have upheld the authority of the government, and where the courts are open and their process unobstructed'. Elsewhere in its opinion, 4 Wall. at pages 118, 121, 122, and 131, the Court was at pains to point out that Milligan, a citizen twenty years resident in Indiana, who had never been a resident of any of the states in rebellion, was not an enemy belligerent either entitled to the status of a prisoner of war or subject to the penalties imposed upon unlawful belligerents. We construe the Court's statement as to the inapplicability of the law of war to Milligan's case as having particular reference to the facts before it. From them the Court concluded that Milligan, not being a part of or associated with the armed forces of the enemy, was a non-belligerent, not subject to the law of war save as-in circumstances found not there to be present and not involved here-martial law might be constitutionally established. 

So if you switch enough to one side opposing the United States, you automatically forfeit your US citizenship.  These cases are pretty simple to understand their nature and context.  However, the context of Ex parte Quirin is more about the constitutionality of presidential order of military tribunals, than on Haupt.  Yes, this is an example of a US citizen on trial without his full rights, since the USMJ is more restrictive on due process and such. So yes, we've been dealing this subject for a long, long time.

I'll touch shortly on Ex parte Milligan since it dates to the Civil War, where the Supreme Court ruled that application of military tribunals to citizens when civilian courts are still operating is unconstitutional.  It was one of the first cases right after the end of the Civil War.  The Court decided the Milligan precedent did not apply here since the ruling in the Milligan case was that Lambdin Milligan was not a enemy belligerent and not entitled to the law of war, unfortunately for Haupt, he was classified as an enemy belligerent.  In Milligan, there was a suspension of habeas corpus through the Habeas Corpus Suspension Act. The court ruled that the Act did not authorized military tribunals and through constitutional law, suspension of habeas corpus does not authorize military tribunals.  Even martial law cannot authorize tribunals either as long as civilian courts remained open and operating unimpeded

Legal precedents on this date back to the Mexican War where spies were put to death.

"Such was the practice of our own military authorities before the adoption of the Constitution,9 and during the Mexican and Civil Wars. 10   [317 U.S. 1, 32]   Paragraph 83 of General Order No. 100 of April 24, 1863, directed that: 'Scouts or single soldiers, if disguised in the dress of the country, or in the uniform of the army hostile to their own, employed in obtaining information, if found within or lurking about the lines of the captor, are treated as spies, and suffer death.'

Our Government, by thus defining lawful belligerents entitled to be treated as prisoners of war, has recognized that there is a class of unlawful belligerents not entitled to that privilege, including those who though combatants do not wear 'fixed and distinctive emblems'. And by Article 15 of the Articles of War Congress has made provision for their trial and punishment by military commission, according to 'the law of war'."


___________________________________

In conclusion of this interesting road through to understand NDAA section 1031 and 1032, we can see the legal difficulties reached through the years.  We still don't have a "clear" definition, and they admit so.  This is why anyone linking me to bloggers or journalists cannot sway me.  They rarely give a contextual view of the subject, and I've given you probably the most indepth context review you'll ever see on this subject outside of studying law and being a lawyer in case law.  I went to sources to understand, not opinions, everyone has one, and so do I, but I like to be impartial in my opinion as long as possible to gain a full understanding of the facts at hand.

I believe now that in a way, encroachment on liberties have happened, and we've allowed them to happen; however, the focus on NDAA is misguided on it's focus.  I type here to argue that we have subjected ourselves to encroachment through Public Law 107-40 defining the Authorization of the Use of Military Force (AUMF) or even the Patriot Act, both of which were kneejerk reactions from September 11th.

I know I've been commented on "the more you know, the more you don't".  I cannot be said of this, because this is everything about NDAA down to the precedents of precedents in case law regarding detention, the use of military tribunals and case law regarding detention of US citizens.  I have broken down the case laws and the NDAA Sec. 1031 and 1032 with undeniable proof of original text and videos that cannot be twisted.  I know I've given huge walls of quotes as to give fuller contextual understanding of the cases I've read. 

There is no hidden language anywhere that I've seen so far, and the court of expert opinion lays in lawyers versed in case law and constitutional law.  I've yet to see a huge cry from this community discussing the NDAA at length, I know the ever present ACLU has though.

I state for the record that the NDAA Sec. 1031 and 1032 are vague and very arguable unconstitutional for very good reasons of gross encroachment.  I will also say that people saying that 1032 does apply to Americans is wrong plain and simple, the wording expressly says that it does not apply to US citizens.  As legal case law I've presented to you, the United States Government can under certain circumstances detain US citizens without charge, to be charged in military court, and it dates back to World War II.

There is a reason the why they are sections, they don't expressly overlap each other unless it says otherwise.  The example is in Sec. 1032(3) under DISPOSITION UNDER LAW OF WAR referring back to Sec. 1031(c).  Both sections have different COVERED PERSONS, although the one in 1032 is broader than the one in 1031.  Am I not making myself sound clear that in some way this isn't some conspiracy theory?

Even then, I already broke down Covered Persons in 1031, and you pretty much have to be Mr. Haupt to be considered a terrorist and support of enemy forces.  Sure, the "substantial support" wording is vague but I would say and probably win in the court of law that substantial support entails being knowledgeable in one's support of enemy forces.

The thing is to buy into a conspiracy, one has to twist words and meaning, and that means leaving out context.  I've fleshed it all out, everything is laid out to bear.  Case law has sided that being detained as a US citizen doesn't mean one is without legal recourse, since we do have legal precedent.

Prove me wrong here with expert opinion, because I sure as hell would welcome it.  Bloggers will not suffice unless they have credentials worthy of holding such an opinion.  Those preferably with case law background or law journalism would be the preferred and impartial.

Hamdi v. Rumfeld - Legal Precedents Continued

Hamdi v. Rumfeld -

Court Decision - Original Text

Actually, Hamdi v. Rumfeld predates the Padilla case by sheer months, you'll see tidbits of it in the Fourth Circuit ruling as you have read.  This case actually got to the Supreme Court after having being batted back and forth between District Court of Eastern Virginia and the Appeals Court for the Fourth Circuit several times.  This was an interesting excerpt from the ruling:

Despite the clear allocation of war powers to the political branches, judicial deference to executive decisions made in the name of war is not unlimited. The Bill of Rights which Hamdi invokes in his petition is as much an instrument of mutual respect and tolerance as the Fourteenth Amendment is. It applies to American citizens regardless of race, color, or creed. And as we become a more diverse nation, the Bill of Rights may become even more a lens through which we recognize ourselves. To deprive any American citizen of its protections is not a step that any court would casually take.

Drawing on the Bill of Rights’ historic guarantees, the judiciary plays its distinctive role in our constitutional structure when it reviews the detention of American citizens by their own government. Indeed, if due process means anything, it means that the courts must defend
the "fundamental principles of liberty and justice which lie at the base of all our civil and political institutions." Powell v. Alabama, 287 U.S.45, 67 (1932) (internal quotation marks omitted).

The Constitution is suffused with concern about how the state will wield its awesome power of forcible restraint. And this preoccupation was not accidental. Our forebears recognized that the power to detain could easily become destructive "if exerted without check or control" by an unrestrained executive free to "imprison, dispatch, or exile any man that
was obnoxious to the government, by an instant declaration that such is their will and pleasure." 4 W. Blackstone, Commentaries on the Laws of England 349-50 (Cooley ed. 1899) (quoted in Duncan v.Louisiana, 391 U.S. 145, 151 (1968)).

The duty of the judicial branch to protect our individual freedoms does not simply cease whenever our military forces are committed by the political branches to armed conflict. The Founders "foresaw that troublous times would arise, when rulers and people would . . . seek by sharp and decisive measures to accomplish ends deemed just and proper; and that the principles of constitutional liberty would be in peril, unless established by irrepealable law." Ex Parte Milligan, 71 U.S. (4 Wall.) 2, 120 (1866). While that recognition does not dispose of this case, it does indicate one thing: The detention of United States citizens must be subject to judicial review. See Hamdi II, 296 F.3d at 283.

It is significant, moreover, that the form of relief sought by Hamdi is a writ of habeas corpus. In war as in peace, habeas corpus provides one of the firmest bulwarks against unconstitutional detentions. As early as 1789, Congress reaffirmed the courts’ common law authority to review detentions of federal prisoners, giving its explicit blessing to the judiciary’s power to "grant writs of habeas corpus for the purpose of an inquiry into the cause of commitment" for federal detainees. Act of Sept. 24, 1789, ch. 20, § 14, 1 Stat. 81-82. While the scope of habeas review has expanded and contracted over the succeeding centuries, its essential function of assuring that restraint accords with the rule of law, not the whim of authority, remains unchanged. Hamdi’s petition falls squarely within the Great Writ’s purview, since
he is an American citizen challenging his summary detention for reasons of state necessity."

 The writing of this opinion is simply stunning in it's prose, it's scope and thoughfulness of all the issues at hand.  I love when they pull out William Blackstone and his Commentaries on the Laws of England.  They admit that the law isn't that perfect, when it comes to war, it's really hard to neatly define it.

"The safeguards that all Americans have come to expect in criminal prosecutions do not translate neatly to the arena of armed conflict. In fact, if deference to the executive is not exercised with respect to military judgments in the field, it is difficult to see where deference would ever obtain. For there is a "well-established power of the military to exercise jurisdiction over members of the armed forces, those directly connected with such forces, [and] enemy belligerents, prisoners of war, [and] others charged with violating the laws of war." Duncan v.
Kahanamoku, 327 U.S. 304, 313-14 (1946) (footnotes omitted). As we emphasized in our prior decision, any judicial inquiry into Hamdi’s status as an alleged enemy combatant in Afghanistan must reflect this deference as well as "a recognition that government has
no more profound responsibility" than the protection of American citizensfrom further terrorist attacks. Hamdi II, 296 F.3d at 283."

"18 U.S.C. § 4001 (2002). Hamdi argues that there is no congressional sanction for his incarceration and that § 4001(a) therefore prohibit his continued detention. We find this contention unpersuasive.
Even if Hamdi were right that § 4001(a) requires Congressional authorization of his detention, Congress has, in the wake of the September 11 terrorist attacks, authorized the President to "use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks" or "harbored such organizations or persons." Authorization for Use of Military Force, Pub. L. No. 107-40, 115 Stat. 224 (Sept. 18, 2001) (emphasis added). As noted above, capturing and detaining enemy combatants is an inherent part of warfare; the "necessary and appropriate force" referenced in the congressional resolution necessarily includes the capture and detention of any and all
hostile forces arrayed against our troops."

In the second part here, is the decision on the Non-Detention Act of 1971 and they dismiss Hamdi's argument on it.  They point out that Congress has authorized his detention through Public Law 107-40 (AUMF).  In the end, they do agree that the detention of a US citizen is subject to judicial review.  It's true, the AUMF is an act of Congress and pretty much extend the reach of detainment to US citizens.

18 U.S.C. § 4001 (Non-Detention Act of 1971) regulates the detentions of United States citizens.
It states in full:
(a) No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.

The Padilla Case - Foundation of Section 1031 and 1032

Padilla Case -

This case has spanned many years since Jose Padilla was arrested back in 2002 for training with the Taliban and engage in acts of hostilities against the United States.  It actually still continues to this day in the civilian court system as Mr. Padilla's sentencing to 17 years to prison is being re-appealed for a harsher sentencing.  Originally the United States District Court for the Southern District of New York heard the case first, and back in December 2002 to uphold the Bush Administration's decision to hold Padilla as an enemy combatant.  It took another year to have the case appealed to the United States Court of Appeals for the Second Circuit, where in a 2 to 1 decision decided that Bush Administration overstepped their authority.  The following is some of the opinions written by the justices:  (2nd Circuit Decision - Original Text)

"We also conclude that Padilla’s detention was not authorized by Congress, and absent such authorization, the President does not have the power under Article II of the Constitution to detain as an enemy combatant an American citizen seized on American soil outside a zone of combat.

But presidential authority does not exist in a vacuum, and this case involves not whether those
responsibilities should be aggressively pursued, but whether the President is obligated, in the
circumstances presented here, to share them with Congress.

Where, as here, the President’s power as Commander-in-Chief of the armed forces and
the domestic rule of law intersect, we conclude that clear congressional authorization is required for detentions of American citizens on American soil because 18 U.S.C. § 4001(a) (2000) (the“Non-Detention Act”) prohibits such detentions absent specific congressional authorization.Congress’s Authorization for Use of Military Force Joint Resolution, Pub. L. No. 107-40, 115Stat. 224 (2001) (“Joint Resolution”), passed shortly after the attacks of September 11, 2001, is not such an authorization, and no exception to section 4001(a) otherwise exists.

In light of this express prohibition, the government must undertake to show that Padilla’s detention can nonetheless be grounded in the President’s inherent constitutional powers. See Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 637-38 (Jackson, J., concurring). We conclude that it Therefore, our holding effectively moots arguments raised by both parties concerning access to counsel, standard of review, and burden of proof. These details should not be read to suggest that Padilla is in fact innocent or that the government lacked substantial reasons to be suspicious of him. We include them because they has not made this showing. In reaching this conclusion, we do not address the detention of an American citizen seized within a zone of combat in Afghanistan, such as the court confronted in Hamdi v. Rumsfeld, 316 F.3d 450 (4th Cir. 2003) (“Hamdi III”)."

So it continued onwards towards the Supreme Court where it was turned down due to the Court held that the habeas corpus petition had been improperly filed because Padilla was being held in a brig in South Carolina, the petition should have been filed in the United States District Court for the District of South Carolina and should have named the commander of the brig and not the Secretary of Defense (because the brig commander was Padilla's "immediate custodian"). The Court reversed the decision of the United States Court of Appeals for the Second Circuit and remanded the case for dismissal without prejudice - that is, it overruled the Court of Appeals decision and ordered the dismissal of the case, allowing Padilla to refile the petition.

Indeed it was retried again and worked it's way into the US Court of Appeals for the Fourth Circuit where the majority decision that upheld the government's position of labeling Padilla, a US citizen, as an enemy combatant and to be held without charge in the military prison.  (US Fourth Circuit Decision - Original Text)
Suddenly, you'll see a wholly different opinion then the one from the 2nd Circuit:

"The exceedingly important question before us is whether the President of the United States possesses the authority to detain militarily a citizen of this country who is closely associated with al Qaeda, an entity with which the United States is at war; who took up arms on
behalf of that enemy and against our country in a foreign combat zone of that war; and who thereafter traveled to the United States for the avowed purpose of further prosecuting that war on American soil, against American citizens and targets.
We conclude that the President does possess such authority pursuant to the Authorization for Use of Military Force Joint Resolution enacted by Congress in the wake of the attacks on the United States of September 11, 2001. Accordingly, the judgment of the district court is reversed."

"The district court (of South Carolina) subsequently held that the President lacks the authority to detain Padilla, id. at 180-81, that Padilla’s detention is in violation of the Constitution and laws of the United States, id., and that Padilla therefore must either be criminally charged or released."  This uphold the 2nd circuit ruling so far.  In the end, the ruling judge for the Fourth Circuit, Judge Luttig ruled against Padilla to pave a way to a Supreme Court ruling.

However, later that year, the Bush Administration decided to transfer Padilla out of military custody into civilian custody and thus avoided the Supreme Court ruling on habeas corpus ruling for US citizens as enemy combatants.  The transfer had to go through Judge Luttig and the 4th Circuit, but the tone was definitely different this time.  Folks have commented that Luttig was scolding the Bush Administration for being a chicken or he believed the Supreme Court would actually reaffirm the government's position.  What we do know, Luttig wasn't happy and quit the Fourth Circuit for a job at Boeing soon afterwards.  (Fourth Circuit Transfer Ruling)

"Because we believe that the transfer of Padilla and the withdrawal of our opinion at the government’s request while the Supreme Court is reviewing this court’s decision of September 9 would compound what is, in the absence of explanation, at least an appearance that the
government may be attempting to avoid consideration of our decision by the Supreme Court, and also because we believe that this case presents an issue of such especial national importance as to warrant final consideration by that court, even if only by denial of further
review, we deny both the motion and suggestion. If the natural progression of this significant litigation to conclusion is to be predetermined at this late date under these circumstances, we believe that decision should be made not by this court but, rather, by the Supreme
Court of the United States."

The conclusion of this case is still being dealt through the civilian system today; however, that's not the focus of the post.  The thing is, the ruling of the land is the Fourth Circuit ruling to be held as an enemy combatant and be held without charge in a military brig.  Unfortunately, we know that the War on Terror is an indefinite period; however, through AUMF, conclusion of hostilities in legal terms is the end of the War in Afghanistan if Mr. Padilla was still being held militarily.  Afterwards, he can have some recourse to civilian court.  It must be noted that while in military custody, there is due process, but it's not in as large a scope provided under the United States Constitution.

Continuation of NDAA Section 1031 Review

I should clarify some points on the NDAA here.  I grabbed some new information from several sources that people should take a look at.  First off, Lindsey Graham CSPAN video.  If you don't watch, you won't understand the focus on just Section 1031.

Senator Lindsey Graham explaining 1031 and 1032 Pt. 1
Senator Lindsey Graham explaining Sec. 1031 and 1032 Pt. 2

Now with this valuable tidbit of information, we'll disregard Section 1032 as unimportant since it does not deal with American citizens and Section 1031 does.  I shall remind people once again of Public Law 107-40 for AUMF.

(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations, or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations, or persons.

Let's just forget the NDAA for like two minutes here and look at the Public Law 107-40 - Authorization of the Use of Military Force (AUMF) that was passed back in 2002.  To be honest, this is a fairly broad stroke for Presidential power against any form of terrorism from anybody, with the key words "use all necessary and appropriate force".  If we wanted to whine about civil liberties, we should have cried wolf 10 years ago.  Now, we'll just go through Section 1031, and please watch the video, although also take the time while your watching the clip to see more of the discussion.

SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

(b) Covered Persons- A covered person under this section is any person as follows:

(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.

(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.

(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:

(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.


(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).


(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.


(4) Transfer to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.

             (d) Construction- Nothing in this section is intended to limit or expand the authority of the     President or the scope of the Authorization for Use of Military Force.

             (e) Authorities- Nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States

(f) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons' for purposes of subsection (b)(2).

 The thing that baffles me is paragraph (d) on construction of Sec. 1031, if this expand the authority of the President or scope of AUMF, I don't know what does, since this section does both, or the fact that AUMF already has such a large scope that it really doesn't matter.  In the end, paragraph (d) is worthless.  Even reading the first paragraph of 1031 is almost like reading Public Law 107-40, it's like formalizing that "Oh hey guys, we'll be using the US military to capture terrorists anywhere in the world.  I know we said this like 10 years ago, but hey, we'll do it again!"

So yes, if you become a terrorist, you are fucked.  Obvious? Very.  Although to be certain of the wording of 1031(b), you pretty much have to be supporting al-Qaeda and the Taliban or Chinese military hackers to thrown into Gitmo.  Yes, you may be detained without trial although with Sen. Graham, he called the War on Terror, a war without end, so that sucks.  In the end, being an American citizen cannot save you from having a life in prison, forever.  Although, I have to say, if it was an American jail that wasn't Gitmo, probably living decently.

Graham states in that video that Sec. 1032 is only for noncitizens captured within the United States.  He does reference a case called the Padilla Case that went to the US Fourth Circuit that ruled an American citizen can be held as an enemy combatant. 

Note: Tired, but will add more later.

Added on 12/15/2011 -

Let us continue to break it down, especially paragraphs (b1) and (b2) under covered persons.  Can it be said that we are truly losing liberty here with this "covered person" language?  Remember, Lindsey Graham said directly on CSPAN that Section 1032 doesn't apply to American citizens.  Since he is one of the authors of the NDAA, he word has more weight than any commentator that has written or spoken on the bill period.

(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.

•  So anyone behind 9/11/01 attacks is covered by 1031, nothing really to be concerned about this unless you were helping out. 

(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.

• First off, lets look at the last part of the paragraph (2) at the definition of "enemy forces" which is actually described as al-Qaeda, the Taliban, or associated forces.  I assume associated forces are probably classified as other terrorist groups that the US has already defined as terrorist nations, organizations, or persons, legally speaking, and publicly known.  Anyone who has committed a belligerent act or has directly supported such hostilities goes towards the definition of "enemy forces" as I already described before.  To be "covered" under this paragraph, you must be either part of this enemy forces or have (key word) substantially supported the enemy forces.  Although there is no further clarification of what "substantial support" entails, it probably has to do with knowledgeable intention of supporting them.  I know the example of having a Red Cross worker in Afghanistan being arrested under this law has been tossed out here, but in the court of law, the worker probably had no idea he/she supported the enemy forces knowingly.

It seems this definition is pretty clear, you can still protest without being detained.  Help a known terrorist organization, get detained.  I'm pretty sure if I talk to several lawyers, they would agree with me on this assessment.

Next, we need to look at several legal cases, one knowingly through the videos as the Padilla case in the US Fourth Circuit.  Other cases we need to look are Hamdi vs. Rumfield (2004), Hamdan v. Rumsfeld (2006), and our precedent legal case for today is Ex parte Quirin (1942).  We'll also take a look at the Non-Detention Act of 1971. 

National Defense Authorization Act Review of Section 1031 and 1032 with Commentary

Facebook commenting is enough to make me vomit to even make this commentary, but here we go covering Sec. 1031 and 1032.  Bolded bullet points are my commentary to the original text.

Truth or Myth?  You'll find out here for sure.

SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

(b) Covered Persons- A covered person under this section is any person as follows:

(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.

(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.

• So far in Sec. 1031, we have Public Law 107-40 for the use of military force under covered persons in paragraphs (1) and (2), pretty much saying anyone supporting hostilities against the US and allies is being pursued. 
• Public Law 107-40 - Authorization of the Use of Military Force (a refresher if you need it.)

 (a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations, or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations, or persons.

(b) War Powers Resolution Requirements-

  (1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.

(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:

(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.

(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).

(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.

(4) Transfer to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.

             (d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.


             (e) Authorities- Nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States

(f) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons' for purposes of subsection (b)(2).

• The rest of Section 1031 covers what happens in custody in paragraph (c) with the following options in paragraphs (1) through (4), ranging from detention without trial to extradition to the person's country of origin.  Paragraph c will provide the framework for most of Section 1032 as we will see later.  I mean sure, we're hypocrites for detaining people without legal recourse being "just" and all.
• The other interesting takeaways from the last parts of 1031 is paragraph (d) (Construction) and paragraph (e) (Authorities power).  The inclusion of section d testifies that the authority of the President or AUMF that section 1031 will not change the powers of the laws to either expand or shrink under this section. 
• Under section 1031, paragraph e, existing laws pertaining to US citizens, legal aliens or others pretty much supersede section 1031. 

SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.

(a) Custody Pending Disposition Under Law of War-

(1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.

• This is where the controversy starts, but it's really paragraph (4) where people are scared.  When we look below at the covered people below in paragraph (2), it's really standard stuff of whom we or I would think to be detained.  I have underlined key words and Public Law 107-40 for you to review again.  I mean sure, we're currently experiencing a "course of hostilities" with al-Qaeda and such.  I think also review is in order of the "law of war" in which I shall provide a link to. 
• Law of War Link

(2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined--

(A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and

(B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.

(3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.

• Paragraph (3) is just stating, read section 1031, paragraph (c) and the options to be used on detainees are given if captured.

(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.

• Okay, paragraph (4), the part where the government in the name of national security to not care about the normal requirements of "covered people" in paragraph (2).  The wavier however, must clear Congress, so I guess there's a little relief there.  Sure, a lot of us don't trust Congress.  I have to concede that it's pretty vague if that writing can be for public view when it does occur.  However, we will read further below...

(b) Applicability to United States Citizens and Lawful Resident Aliens-

(1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.

(2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.

• Oh what is this ladies and gentlemen, an exclusion within an exclusion, well, that's government for you folks.  If we think about it, paragraph 4 just got whacked with Section 1032(b).  I'm not a legal expert here, but the words "does not extend" means paragraph (1a) is pretty much meaningless.   I mean come on, the wording here isn't confusing and stuff, it's straight-forward.  The requirement is paragraph (1a) and US citizens are not, I repeat myself here, are not bound to the requirements of Section 1032, paragraph (1).  
• Thus if we think logically "If US citizens are not bound by paragraph (1a), then this section is a bunch of bullshit repeat wording? Plus, it doesn't apply to use, oh my gosh, let's get to the next bandwagon, SOPA."  
• If you're a conspiracy theorist, then NDAA was a nice sidetrack from the lack of attention towards SOPA.
• Don't get me wrong here, we want to be careful of encroachment on civil liberties, but definitely don't want to go wholly overboard conspiracy theory here. 
• I think the lemmings everywhere have done themselves a nice job.  The other parts below is implementation stuff.  As I close, I actually think what was more interesting in the NDAA than these two sections was what people didn't pay attention to.  I found some interesting sections to read in there, although I clearly didn't read all of it, it's way too long.  Personally, I found section 1200 or so to be fairly interesting.

Indeed.

(c) Implementation Procedures-

(1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the President shall issue, and submit to Congress, procedures for implementing this section.

(2) ELEMENTS- The procedures for implementing this section shall include, but not be limited to, procedures as follows:

(A) Procedures designating the persons authorized to make determinations under subsection (a)(2) and the process by which such determinations are to be made.

(B) Procedures providing that the requirement for military custody under subsection (a)(1) does not require the interruption of ongoing surveillance or intelligence gathering with regard to persons not already in the custody or control of the United States.

(C) Procedures providing that a determination under subsection (a)(2) is not required to be implemented until after the conclusion of an interrogation session which is ongoing at the time the determination is made and does not require the interruption of any such ongoing session.

(D) Procedures providing that the requirement for military custody under subsection (a)(1) does not apply when intelligence, law enforcement, or other government officials of the United States are granted access to an individual who remains in the custody of a third country.

(E) Procedures providing that a certification of national security interests under subsection (a)(4) may be granted for the purpose of transferring a covered person from a third country if such a transfer is in the interest of the United States and could not otherwise be accomplished.

(d) Effective Date- This section shall take effect on the date that is 60 days after the date of the enactment of this Act, and shall apply with respect to persons described in subsection (a)(2) who are taken into the custody or brought under the control of the United States on or after that effective date.

Thoughtless Thursday... Blackest Friday... Cyber Monday

Coach Outlet at Seattle Premium Outlets, Nov. 25th.

I know many of retail workers are glad the busiest weekend for them is finally over. Personally, I'm glad as well.  Steve Olenski, a contributor at Forbes coined up the term of "Thoughtless Thursday", and pretty much, I agree with Steve as he showcases a Black Friday ad video with Rebecca Black for Kohl's.

 Stephen Colbert put Black Friday this way, "Black Friday where Americans wake up from fan induced coma to trade gluttony for greed."

If we look at the numbers for the weekend, spending for Black Friday is up 16.4% from 2010 to $52.4 billion.

 The National Retail Federation forecast sales to rise 2.8% to $465.6 billion, slower than the 5.2% increase last year. Almost 81% of shoppers said the economy will have an impact on their spending, compared to 78% in 2009, an NPD Group survey showed.  An Alix Partners’ survey showed 41% of shoppers said they plan to spend less on holiday gifts this year, up from 31% last year.  The previous was estimated statements before Black Friday.  Now, Shopper Trak said that sales rose 6.6% for the weekend.  Foot traffic rose by 5.1%.  Meanwhile, Black Friday alone saw a 26% increase to $816 million in online sales, making it the heaviest online spending day to date this year. Thanksgiving Day also has gained importance for online sales, with sales rising 18% to $479 million.  Traffic to online retailer rose 26% from 2010.

From my perspective is that Black Friday has gotten out of hand, but businesses are reacting to the increasing fierce competition amongst each other for consumer dollars that are hard to come by in this recession.  Margins for profits for businesses are razor-thin this year like none other before and this was the year that online sales would dominate the headlines.  Shopping through mobile devices has tripled from last year, although it's probably less than 1% of the retail market at the moment.

This will be considered a year of a turning point where online shopping takes control of Black Friday weekend from now on.  While people will still joust for the best deals in brick-and-mortar stores, a lot of people are tired of the insanity of Black Friday.  Come on, we've read and seen the horrors this year alone. (Although, just avoid Wal-Mart, it brings out the crazies in general) Frenzies on Wal-Mart's $2 waffle makers, the woman pepper spraying others (see above), police tackling an elderly man for thinking of shoplifting a video game, but was hoisting up his grandson, or the man who died at Target and no one helped him?  Hell, I saw crazy stuff at the local Fred Meyers while observing some competition for some socks... and I didn't mention the Electronics section yet... or here at Seattle Premium Outlets.

In the end, there will be a balancing out for brick and mortar stores, but they'll never fully compete against their online brethren in pricing due to lesser expense costs.  I know there are good deals out there, but this ain't for me.  Working in retail has opened my eyes to see that Black Friday is what it truly is, a big marketing ploy.  I'll enter it, but I have to stick to my guns.  In the end, I only bought underwear during Black Friday, lol.

Black Friday is really another character reflection of America and honestly, it's truly disappointing to look at.  I know it's human nature to be greedy, but the day to give thanks to what one has, the accomplishes made (those leveling up in Skyrim know, =P), have family time, eat, drink and be marry and that's all lost within 12 hours or less.  Sometime soon, we'll have to take a stand for Thanksgiving and it's perverted commercial damning of the holiday from giving thanks to "Me, Me, MEEEE!!!" mentality.  I think that's why people are turning to online retailers a bit more these days, some people out there are trying to get that spirit of Thanksgiving back.

When I get out of retail here, I'll be joining that shortly.  Although I avoid shopping Black Friday anyhow these days by working through it.  I don't mind the early 4 AM openings, but reaching 10 PM Thanksgiving night or Midnight Madness is getting overboard.  I'll mention that next step of my life later.

The Reading List

Reading list of any person studying politics, economics and law.  Then connect the dots.

The Federalist Papers - Alexander Hamilton, James Madison, and John Jay
85 articles stating the intentions, interpretations, and persuading the public to favor the ratification of the US Constitution.

"Common Sense" - Thomas Paine
Understanding the move towards US independence from British is pretty much summed in this pamphlet.  His other books The Rights of Man and the controversial The Age of Reason are other must reads.

Commentaries on the Laws of England  Four Volumes - William Blackstone
Four books under one title penned by William Blackstone.  His work in interpreting British Common Law helped lay the foundation of what is found in the US Constitution Bill of Rights and guided early rulings amongst Western nations influenced by British Common Law.  The foremost authority for the US Supreme Court when on historic discussions that goes back to the 17th century or before.

The Intelligent Investor - Benjamin Graham
This is the foundation of the school of thought on "value investing".  Understanding the predominant thought on today's investing is through this book.  Great help on learning the "Wall Street" side of economics for starters.  Dry book though.

Whatever Happened to Penny Candy? - Richard Maybury
A series of letters explaining basic economic lessons for the confused at heart... or starting to get intrigued.  Mr. Maybury has a couple more interesting books that should also be read as well:  
- Whatever Happened to Justice?  (Explains the foundation in America's Legal System, see Blackstone Commentaries)  
   - Are You Liberal? Conservative? Or Confused? (Shedding light on all the political labels and be surprised by what you might be supporting)
- The Thousand Year War. (Explains the turmoil in the Middle East in the best way possible). 

Capitalism and Freedom - Milton Friedman
The promotion of competitive capitalism, and refuting the Keynesian school of economics. Friedman dives into the fundamental principles of capitalism.

The Wealth of Nations - Adam Smith
Progressive book in the Enlightenment Era promoting capitalism.

Treatise on Money - John Maynard Keynes 
Published in 1930, giving way to the foundation of the Keynesian school of economic thought that wound up in many national policies during the Great Depression.

Rogue State: A Guide to the World's Only Superpower - William Blum
Breaking apart the image of America as a global force for good with using a scale of which we judge other nations of hideous crimes and blunt interventionism.

Power and Terror: Conflict, Hegemony, and the Rule of Force - Noam Chomsky
A left-leaning view towards American foreign policy that is critical towards many administrations in the current formulation of today's foreign policy.  Strongly worded stating that the United States is as much of a terrorist state as anyone else we accuse of terrorism.  Another suggested reading by him, Hegemony or Survival: America's Quest for Global Dominance.

The Jungle - Upton Sinclair
Describing the conditions of early 20th century meatpacking industry that spurred President Theodore Roosevelt to start regulating the industry.  A cautionary tale in unregulated industry on a rampage.  A more updated book for today would be Fast Food Nation by Eric Schlosser or the movie Food, Inc.

The Prince - Niccolo Machiavelli
Published in the 16th century, it pushed that one should trying to keep power at all cost instead of pursuing ideals.

Leviathan - Thomas Hobbes
A book describing that power should be given to one individual instead of many.

Social Security's Demise and a Solution

July 6, 2011 -

I had some recent discussions with some colleagues about various political topics and eventually broached the topic of Social Security of how noble, yet self-destructing idea it was.  We talked about how stupid is was the government was losing money in it and at this point, people probably were better off demanding to cash out and do something else with their portion paid into the system. I realized for those already within 15-20 years of retirement, their already too deep with Social Security to get out for the most part.

I discussed my possible solution to the problem.  In essence, Social Security is everybody's money pooled together and reinvested in government bonds; however, I proposed that saving for retirement should be performed at the state level with federal guidelines.  I continued that the money shouldn't be pooled and that it really should be a mandatory retirement savings account opened in a financial institution of your choice at the time of gaining employment (or at birth if your parents decide to contribute early like a college fund) that is taxable income.  By law, a guideline of minimum amount of one's paycheck should be funneled into the account, for example, 3% of your paycheck checked in on a modified W4, enforced by your employer, verified by the IRS.  Of course, one could ultimately adjust the percentage funneled to a higher amount.

With proper education and training, one savvy enough could then be granted to take a small percentage (say 10% to being with between the ages 18-21) to invest into common stock, bonds, forex, or mutual funds to speed up their account rate of return.  When I mean proper education, I mean the use of having a finance class in high school, coupled with playing with fantasy stock exchange, reading up Benjamin Gramham, and investing websites like investopedia.com.  These savvy people would be informed that their investment is not without risk and subject to losses.

In conclusion, being fair is a fairy tale idea.  The idea that people need to be baby sat to have money for retirement is stupid, but since many are... unfortunately, I like what I planned better than Social Security.  At least I know what I make now, some of it I'm saving for later, plus I can invest portions of it to increase that rate of return.

Thoughts?

Nothing Changes as Bin Laden Dies

Written Saturday, May 7, 2011 -

Everyone's afraid of our "excessive" celebration with Bin Laden's death, but the damage is done.  You can't crush radicalism with logic, look at the reaction of Bin Laden's burial at sea.  The Islamic faith is divided on the issue with some approving, some disapproving.  With enough determination and warped logic, you create radicalism.  Being rational isn't in the vocabulary of radicals.  You may celebrate death, but we removed the long standing face of terrorism.  What we knew is now unknown.  Those unknown are regarded dangerous with Al Qeida branches in Yemen, Iraq, etc.  That are the dangers in light Bin Laden's death.

What should be noted is the attack was deep in Pakistan.  This is by far the most important ramification in his death in the near term. I don't know how much we actually trust the leaders within Pakistan, obviously, it's not a lot with the raid being conducted without their knowledge.  I've heard that the position of United States secretly opposes a Muslim country such as Pakistan holding nuclear weapons.  Interesting to think about if drawing parallels with opposition with an Iranian nuclear program as well as developments within the Gulf states pursuing their own "civilian" nuclear programs.  To a degree, it makes some sense.

The following is my response to my International Politics class on a pair of videos of Bill Moyers interviewing Andrew Bacevich, which in my opinion hits everything I find wrong with America.  Simply put, the problems are within and it's being shown through our foreign policy.

Bill Moyers' interview with Andrew Bacevich gave insight to what I've long believed as the problem with America.  Bacevich states, "Our foreign policy is something that is concocted in Washington D.C., but it reflects the perceptions of our political elite about what we want, we the people want. And what we want, by and large - I mean, one could point to many individual exceptions - but, what we want, by and large is, we want this continuing flow of very cheap consumer goods."  This statement is my perception of our view towards the world, and quite honestly it's true.  Consumerism is the cause of our problem, and it reflects outward through our foreign policy.  There's a lot of problems internally with America; however, we're all too engrossed with the fear of terrorism and things happening outside of the United States to care about things at home. The massive consumption of raw resources, including oil helps us continue to keep the flow of goods going, quickly and cheap.

One must ask the question why Americans see our problems are outside of this country as Bacevich points out, "many Americans to think that the problems we face are problems that are out there somewhere, beyond our borders. And that if we can fix those problems, then we'll be able to continue the American way of life as it has long existed. I think it's fundamentally wrong. Our major problems are at home."  Further into the interview, Bacevich points out to the "American way of life".  He points to what he values most in the American way of life in the following:

"Well, I think the clearest statement of what I value is found in the preamble to the Constitution. There is nothing in the preamble to the Constitution which defines the purpose of the United States of America as remaking the world in our image, which I view as a fool's errand... I believe that the framers of the Constitution were primarily concerned with focusing on the way we live here, the way we order our affairs. To try to ensure that as individuals, we can have an opportunity to pursue our, perhaps, differing definitions of freedom, but also so that, as a community, we could live together in some kind of harmony. And that future generations would also be able to share in those same opportunities."

I feel it's a slight generalization; however, it's true to some degree outside of our consumerist nature, as I would argue would be higher value at this point.  You know, stamping our "democracy" throughout the world is disgusting to me these days.  This is because I realize what American democracy is... and what others in the rest of the world fighting against the West also see.  They see American democracy is really cutthroat politics, selfish capitalism, and undying consumerism.  Yes, their are glimpses of genuine democracy in America; however, they can see through the thin veil in front.  There is little stability in our law and economics.  Nearly everything is on political whim and what laws we do pass is for what we want and not what we need.  We are killing ourselves from within.

At this point, with the recent death of Osama Bin Laden, our consumerist nature is overpowering, like a powerful drug on this country that for the most part we're too late.  If you can recall about a year ago about $1 trillion dollars worth of raw resources was discovered in the Afghanistan.  The New York Times reported, "In 2004, American geologists, sent to Afghanistan as part of a broader reconstruction effort, stumbled across an intriguing series of old charts and data at the library of the Afghan Geological Survey in Kabul that hinted at major mineral deposits in the country. They soon learned that the data had been collected by Soviet mining experts during the Soviet occupation of Afghanistan in the 1980s, but cast aside when the Soviets withdrew in 1989." (New York Times).  So as far back as the Soviet invasion, there was research for an economic viability to their war, and to the recent past, some 7 years ago, renewed interest to see what Afghanistan had for resources.  The USGS reported significant findings of iron and copper, colbalt, gold, and lithium.  A Pentagon memo reported, "states that Afghanistan could become the “Saudi Arabia of lithium." (New York Times).  I don't put much faith in change for America, mainly since the "green" revolution is a lie.  Electric cars use lithium and most lithium resources are outside of the US, and in essence, we're just going to be trading one resource for another.

I like Bacevich in pointing out the ignorance of the American public toward our internal affairs and how our government has changed to a very powerful "imperial presidency". 

" Well, and the - I think the troubling part is, because of this preoccupation with, fascination with, the presidency, the President has become what we have instead of genuine politics. Instead of genuine democracy.  We look to the President, to the next President. You know, we know that the current President's a failure and a disappoint - we look to the next President to fix things. And, of course, as long as we have this expectation that the next President is going to fix things then, of course, that lifts all responsibility from me to fix things.  One of the real problems with the imperial presidency, I think, is that it has hollowed out our politics. And, in many respects, has made our democracy a false one. We're going through the motions of a democratic political system. But the fabric of democracy, I think, really has worn very thin."

We are engrossed with politics, blaming the current President for failure and divesting our consequences to the responsibilities for the next President.  In what world does this work in?  I've never found that personally.  He discusses how bad power has invaded our government and the public so apathetic, "The Congress, especially with regard to matters related to national security policy, has thrust power and authority to the executive branch. We have created an imperial presidency. The congress no longer is able to articulate a vision of what is the common good. The Congress exists primarily to ensure the reelection of members of Congress."  You could argue that the War Powers Resolution was a part of that.  However, he's correct for that last part about ensuring continuous flow of power for Congressmembers.

Bacevich isn't just critical to our government, but to the general public as well. He points out the sacrifices the public made during World War II; however during the Second Gulf War, "The President said just two weeks or so after 9/11, "Go to Disney World. Go shopping." Well, there's something out of whack here, if indeed the Global War on Terror, and Iraq as a subset of the Global War on Terror is said to be so critically important, on the one hand. And on the other hand, when the country basically goes about its business, as if, really, there were no War on Terror, and no war in Iraq ongoing at all."  Everything goes on, this simply doesn't make sense.  One can see why he's angry about those supporting the troops, since probably people lack understanding about sacrifice.

"There are many people who say they support the troops, and they really mean it. But when it comes, really, down to understanding what does it mean to support the troops? It needs to mean more than putting a sticker on the back of your car.I don't think we actually support the troops. We the people. What we the people do is we contract out the business of national security to approximately 0.5 percent of the population. About a million and a half people that are on active duty.  And then we really turn away. We don't want to look when they go back for two or three or four or five combat tours. That's not supporting the troops. That's an abdication of civic responsibility. And I do think it - there's something fundamentally immoral about that."

Sacrifice the American way... impossible.  Our economic, infrastructure, transportation, city planning, trade, everything you can think about America would not exist with the current policy.  Honestly, if we changed, we would have to fundimentally change over 50% of how we do things.  Restructure city planning that is suburban-centric to city-centric, forget about fast shipping, increase costs for things that come from the outside of home region, etc. As I said, Osama Bin Laden changes nothing about our policy toward the Afghanistan/Pakistan region.  Actually, this puts thing into a more dangerous position, especially with Pakistan.



References:

Bacevich, Andrew. 2008.Bill Moyers’ interview with Andrew Bacevich. PBS. Informed Comment Retrieved May 6, 2011. http://www.pbs.org/moyers/journal/08152008/profile.html

Risen, James. 2010.  U.S. Identifies Vast Mineral Riches in Afghanistan. New York Times.  http://www.nytimes.com/2010/06/14/world/asia/14minerals.html?pagewanted=1

Facebook Archive - Guide to Washington's 2010 Election - Initiatives

As you note, this is the first year the State of Washington has not mailed paper Voter Guides as a cost cutting measure. If you don't want to read it all, I have selected my votes for all state measures to the bottom with an explanation.

It's all online now here:  Washington Sec. of State - 2010 Election Guide

Washington's State Measures

Initiative 1053 - Tim Eyman Initiative to change the tax and fee increases imposed by state government.
               Summary:  This measure would restate existing statutory requirements that legislative actions raising taxes must be approved by two-thirds legislative majorities or receive voter approval, and that new or increased fees require majority legislative approval.
The Effect of the Proposed Measure, if Approved
This measure would reverse the action of the 2010 legislature by replacing the current statute regarding tax increases and the state expenditure limit with a new section reading the same as the pre-2010 version of the law and restating that any action or combination of actions by the legislature that raises taxes may be taken only if approved by at least two-thirds legislative approval in both the house of representatives and the senate.  Consequently, for the period beginning with the effective date of this measure, those requirements would be not be suspended.

Initiative 1082 - Initiative concerning changes to industrial insurance.
     Summary -  This measure would authorize employers to purchase private industrial insurance beginning July 1, 2012; direct the legislature to enact conforming legislation by March 1, 2012; and eliminate the worker-paid share of medical-benefit premiums.

The Effect Of The Proposed Measure If Approved
This measure would establish a third option for employers beyond either participating in the state industrial insurance fund or qualifying as self-insurers.  Beginning on July 1, 2012, employers could instead purchase industrial insurance from qualified private industrial insurance insurers.  Companies could qualify to issue industrial insurance policies through licensing and regulation by the state insurance commissioner.  Private industrial insurers would have the same rights and responsibilities under the industrial insurance laws as the Department of Labor & Industries, and claim decisions by private industrial insurers could be appealed in the same manner as claim decisions by the Department.

The measure would create an industrial insurance administrative fund and would direct that appropriations be made to the fund to pay the expenses of the state insurance commissioner and the board of industrial insurance appeals in performing their responsibilities.  The measure would establish a joint legislative task force with members representing the legislature, employers, industrial insurers, and employees.  The task force would be directed to develop proposed legislation to conform current statutes to the provisions of this measure.  The measure states that the legislature would be required to adopt supplemental legislation implementing this measure by March 1, 2012.

The measure would repeal language authorizing employers to assess their employees for one-half of the amount the employer is required to pay for the medical benefit portion of the premium, and to deduct these amounts from the employees’ pay.  The entire premium for the medical benefit would be paid by the employer.

Initiative 1098 - Initiative concerning establishing a state income tax and reducing other state taxes.
         Summary -  This measure would tax “adjusted gross income” above $200,000 (individuals) and $400,000 (joint-filers), reduce state property tax levies, reduce certain business and occupation taxes, and direct any increased revenues to education and health.
The Effect of the Proposed Measure if Approved
If approved, this measure would impose an excise tax on the receipt of taxable income beginning in 2012. For a married individual filing a joint return with his or her spouse and for every surviving spouse, the tax would be as follows:

Taxable Income                                                Tax
 $0-$400,000                                           $0
 $400,001-$1,000,000               5% of the amount above $400,000(joint file), $200,000 (individual)
 $1,000,001 and above             $30,000 plus 9% of the amount above  $1,000,000 (joint), $500,000 (individual)

This measure would also increase the credit against the B&O tax to $4,800 a year. If the tax exceeds the amount of the credit, the credit would continue to be reduced. If the tax owed is more than twice the amount of the credit, the credit would continue to be eliminated.

This measure would also reduce the state property tax levy. The state levy would be calculated in the way it currently is, and that figure would be reduced by twenty percent. The reduced levy would be divided by the value of all of the taxable property in the state to determine the rate of the tax. The amount of state property tax a property owner pays would continue to be determined by multiplying the tax rate by the value of his or her taxable property. The twenty percent levy reduction would not apply to property taxes imposed by other jurisdictions.

Before spending the revenue generated by the tax imposed by this measure, the state treasurer would be required to calculate the loss to the general fund resulting from the increase in the B&O tax credit and the reduction of the state property tax levy, and deposit the revenue generated by the new tax into the state general fund to replace the lost revenue.

After the state treasurer has made the deposit to the general fund to replace the lost revenue, the additional revenue generated by the tax imposed by this measure would be deposited in a dedicated account in the state treasury. Seventy percent of the revenue deposited in this dedicated account would be deposited in the education legacy trust account.  Thirty percent of the funds deposited in the dedicated account would be used to supplement the state’s basic health plan, provide for state and local public health services, provide long-term care services for seniors and people with disabilities, and for other health services.  

Initiative 1100 & 1105 -  concerns liquor (beer, wine and spirits).
        Summary: This measure would close state liquor stores; authorize sale, distribution, and importation of spirits by private parties; and repeal certain requirements that govern the business operations of beer and wine distributers and producers.
The Effects Of The Proposed Measure If Approved
If approved, Initiative 1100 would direct the Liquor Control Board to close all state liquor stores, to terminate contracts with the private contract liquor stores, and to shut down the state’s spirits distribution operation. It would allow licensed private parties to sell spirits as retailers or distributors, and it would terminate the state’s authority to sell spirits. This would eliminate the net proceeds from the Board’s markup on sales of spirits at state liquor stores and contract liquor stores, which are distributed to the state, cities, and counties.  Initiative 1100 would retain existing taxes on the sales of spirits, with minor modifications.

Initiative Measure 1100 would change the Liquor Control Board’s powers. It would eliminate the Board’s authority to manage liquor stores, distribute spirits, set spirit prices, and require the Board to close state stores by December 31, 2011. The measure would limit the Board’s rulemaking powers to regulation of licensing matters, taxation, and the prevention of abusive consumption and underage drinking. The Board’s authority to regulate the kind, character, and location of advertising of liquor would be subject to new limitations.

The Effects Of The Proposed Measure If Approved
If approved, Initiative 1105 would direct the Liquor Control Board to close all state liquor stores and to shut down the state’s spirits distribution operation. It would allow licensed private parties to sell spirits as retailers or distributors, and it would terminate the state’s authority to sell spirits. This would eliminate the net proceeds from the Board’s markup on sales of spirits at state liquor stores and contract liquor stores, which are distributed to the state, cities, and counties. The measure would generate new proceeds by requiring private spirits retailers and distributors to pay the state a percentage of their gross sales for five years. The measure would eliminate existing taxes on the retail sale of spirits, and would direct the Board to recommend to the legislature a new tax on the sale of spirits to spirits distributors.   

Initiative 1105 would change the Liquor Control Board’s powers. It would eliminate the Board’s authority to manage liquor stores, distribute spirits, and set spirits prices. It would require the Board to close state liquor stores by April 1, 2012, and to make a good-faith effort to sell its liquor store inventory and assets by that time. It would authorize the Board to issue licenses allowing private parties to sell or distribute spirits, and to regulate the sale of spirits under those licenses.

Initiative 1107 - concerns reversing certain 2010 amendments to state tax laws.  
  Summary:   This measure would end sales tax on candy; end temporary sales tax on some bottled water; end temporary excise taxes on carbonated beverages; and reduce tax rates for certain food processors.
Referendum Bill 52 - The legislature has passed Engrossed House Bill No. 2561, concerning authorizing and funding bonds for energy efficiency projects in schools.
    Summary:  This bill would authorize bonds to finance construction and repair projects increasing energy efficiency in public schools and higher education buildings, and continue the sales tax on bottled water otherwise expiring in 2013.
The Effect of the Proposed Measure if Approved
This measure asks the voters to approve the state’s issuance of general obligation bonds to pay for certain construction and repair projects to improve energy efficiency in public schools and in higher education buildings. The measure would authorize the state to borrow $505 million by issuing bonds to be repaid from future revenue.

The money raised by selling the bonds would be deposited into the state treasury, and would be used to make financial grants to public school districts, public universities, colleges and community colleges, and other public agencies. The grants would be used to pay for capital improvements for energy, utility, and operational cost savings.

Senate Joint Resolution 8225 - The legislature has proposed a constitutional amendment concerning the limitation on state debt.
   Summary:  This amendment would require the state to reduce the interest accounted for in calculating the constitutional debt limit, by the amount of federal payments scheduled to be received to offset that interest.

Engrossed Substitute House Joint Resolution 4220 - The legislature has proposed a constitutional amendment on denying bail for persons charged with certain criminal offenses.

Summary:  This amendment would authorize courts to deny bail for offenses punishable by the possibility of life in prison, on clear and convincing evidence of a propensity for violence that would likely endanger persons.
_____________________________________________________________

Initiative 1053
Vote:
[x] - Yes
[  ] - No
Why
I vote yes because it would restrict tax increases to a two-thirds majority vote instead of a simple majority.  It's the correct thing to do in a state legislature that is already majority Democrat party.  This measure has been in effect since the mid-1990's, so I believe in the track record.    

Initiative 1082
Vote:
[x] - Yes
[  ] - No
Why
 Voting yes because L&I doesn't need to be the only issuer of insurance for employers outside to the only option to self-insure.  Providing the option of offering private industrial insurance that complies to the existing laws that regulate Dept. of Labor & Industries.  It still allows L&I to be an insurer.

Initiative 1098
Vote:
[  ] - Yes
[x] - No
Why
Washington does not need an income tax, it need responsible budgeting to see it through tough times like these.  Governor Gregorie failed to utilize the state's budget surplus during the boom years to supply the pitiful "Rainy Day" Fund.  Also, the ads with Gates Sr is misleading.  The reduction of the state's property and B&O tax isn't that great.  The majority of the property tax percentage is for local government funding.  For example, the state's portion of the sales tax is 6.5% and that hasn't change for the last 30 years.  Sales tax for northern Snohomish County is 8.6%, so the state takes 6.5% while the county and cities governments divide the 2.1% left.  This initiative is simply what it is... introduction of income tax.  Vote no and the Seattle Times editorial plainly explains it better.  Seattle Time Editorial - Initiative 1098 is not a tax cut

Initiative 1100 & 1105
Vote:
I-1100
[x] - Yes
[  ] - No
I-1105
[  ] - Yes
[x] - No
Why
 These are two totally different initiatives to deal with the end of the state's retail monopoly of "spirits" selling, distribution, and pricing.  The fine print difference of the two initiatives is how the state generates revenue from private retailers.  I-1100 keeps the current state tax rate of spirits while I-1105 would eliminate it and let the Liquor Control Board have the state legislature decide a new tax.  In addition, I-1105 private retailers and distributors would pay the state a percentage of their gross sales over five years.  I vote yes in I-1100 because it's the more simple route in terms of taxation by the state.

Initiative 1107
Vote:
[x] - Yes
[  ] - No
Why
Plainly simple, this tax is lame.

Referendum Bill 52
Vote:
[  ] - Yes
[x] -  No
Why
 Such projects should be part of current/future bond projects for public schools and higher education buildings.  Plain and simple, dunno why the state needs to sell bonds to finance these projects.  The state has no money to really finance this... it's still cutting it's budget further.

Senate Joint Resolution 8225
Vote:
[x] - Approved
[  ] - Rejected
Why
 Basically deals with specific federal bonds available currently used for state transportation and local government bonds called "Build America Bonds".  Other bond projects such as schools, universities, parks, etc. would become eligible for them.  With this amendment, the state’s constitutional debt limit would be calculated by using the “net” interest paid (after federal reimbursement) rather than the current “full” interest amount paid.    The debt limit stays the same, not all state debt is eligible against the debt limit in the state constitution.

House Joint Resolution 4220
Vote:
[x] - Approved
[  ] - Rejected
Why
 This amendment is in direct response from the Lakewood cop shooting with Maurice Clemmons.  It gives judges more leeway to deny bail while offering fair trial and the right to have bail.  The original draft was more strict and wider oversight for judges to deny bail similar to the way the federal justice system denies bail.  HJR 4220 is a fine compromise to the issue, strict but not overly so.