Education, Free Society, Trivia, Uncategorized

Presidents’ Day – Things to think about

© 2014 Earl L. Haehl: Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

By the only clearly objective test our greatest president was William Howard Taft. (also Greatest Chief Justice, Greatest Secretary of War, Greatest Solicitor General….)

The only good politician is one who has been dead at least a generation.

The sure way to get a second term is to have a conflict going at the time of the election.A

Hamilton wanted a system of a Presidency for life or good behavior with a much looser standard for impeachment.

There was talk of impeaching George Washington over his pardon of persons involved in the Whiskey Insurrection of 1794. There was also talk of impeaching Jefferson for the Louisiana Purchase.

The election of 1840 was won by name recognition of William Henry Harrison over Martin Van Buren. Harrison was a war hero from the War of 1812 and earlier. Van Buren, father of the political machine was President of the United States.

Harrison gave the longest inaugural address, caught pneumonia and died 31 days later without having time to do substantial damage to the Republic.

Between 1837 and 1861, no President served more than a single term.

Only three Presidents have been elected directly from the Senate. They are Warren Harding, John F. Kennedy and Barack Obama.

Theodore Roosevelt was the first vice-president succeeding to the presidency to be elected in his own right.

Neither of the two world class intellectual Presidents went to high school. Jefferson learned what was necessary to running a Plantation at home and had some work at the College of William and Mary. Theodore Roosevelt had tutors and was published in scientific journals before entering Harvard.

Standard
Citizenship, Preparedness

21 August 1863 – The cost of non-resistance

© 2013 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

Today is August 21, 2013. 150 years ago, Major William “Bloody Bill” Anderson led his raiders into Lawrence, Kansas, and committed murder and mayhem on the civilian population although the killing was limited, for the most part, to males of military age—remembering that in 1863, young en as young as twelve were found in the military service of both the United States of America and the Confederate States of America.

About 10 am, William Clark Quantrill, Anderson’s “commander,” arrived in town, ate breakfast, gave orders to spare a hotel where he had once resided, and left. This was an irregular band or conglomeration of bands of raiders and command structure was sometimes confusing, but Bill Anderson had loose command.

What had happened in Lawrence that I find disturbing is that armed resistance was rare and sporadic. A Colonel Bullene and two of his sons were on leave. When raiders rode up to the Bullene residence, they were greeted with gunfire and decided to go elsewhere. There was a farmer named Levi Gates who grabbed his muzzle loader and went hunting and got two or three raiders before being cut down.

Three weeks before the raid the New England contingent among the city fathers had decided that the militia weapons would be “safer” in a central armory than in homes—anyone who thinks this bit of information did not get back to Quantrill and company needs a reality check.

It is not that the city did not know about the possibility of a raid. On 21 May 1856, the Sheriff of Douglas County, Samuel Jones, sacked the city to destroy free state and abolitionist newspapers and the Free State Hotel. However, the lessons of vigilance fade in time.

A personal note: My family were of the New England Puritan culture. When I went to a candlelight vigil some years back, there was a reading of names which included a number of Palmers and Griswolds—not ancestors but probably related.

In September of 1863, the Confederate Congress amended the Partisan Ranger Act to apply only to those partisan units operating also as regular cavalry. Neither Quantrill nor Anderson survived the war but a remnant of Anderson’s men in Western Missouri reconstituted themselves as the James-Younger gang.

On February 13, 1866, a group of about a dozen former members of Anderson’s outfit—including Frank James and Coleman Younger—robbed the Clay County Savings Association. This was the first daytime bank robbery during peacetime and netted $60,000 according to the robberies page of angelfire.com. For the next ten years, the James-Younger gang was unstoppable in Missouri.

On September 7, 1876, the gang ventured into “Yankee” territory again. This time it was Northfield, Minnesota. This time, however, there was armed resistance. Townspeople grabbed weapons and the gunstore handed out new Winchesters. Frank and Jesse James managed to escape through the Dakota territory and got back to Missouri—the armed response and ensuing manhunt resulted in death or incarceration of most of their confederates. The total take was $26.70 because they took the word of the acting cashier that there was a time lock on the safe.

Standard
Citizenship, Free Society

Compromise – a slippery slope?

(c) 2012 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

“Remember,” my wife said, “that this nation is built on compromise.” To a large extent that is true—we would not have the Department of Defense were it not for compromises made after World War II. We would not have the USAPATRIOT Act, the Transportation Security Administration or the Department of Homeland Security without honorable legislators compromising their principles and their Constitution.

The Department of Defense was supposed to give Congress and the administration a handle on spending—it also creates a Secretary who can resolve disputes between the military (Army and Air Force departments) and naval (the department of the Navy was left intact) forces in time of war. The only time this really was a problem was when planning the route for the invasion of Japan in 1944 when Roosevelt had the problem of mediating between the Nimitz plan (through China) and the Macarthur plan (through the Philippines). The Nimitz plan made more strategic sense, but Macarthur threatened to resign and accept the Republican nomination to run against FDR. The President folded quickly. So after the War, George Catlett Marshall worked at developing a unified defense establishment—he intended to reduce duplication and make procurement more economical, and, by the way, eliminate the Marines.

The Marines are still here—to have a UDF you really need to start without strong traditions. Three of the five largest air forces in the world are in DOD. In 1960 there was a big push for a single belt buckle across services—see above The Marines are still here. I have no idea how many extraneous layers of bureaucracy exist in that five-sided building, but I do know we fought World War II with a lot fewer General Officers and you did not have the requirement of a flag in every nuclear armed B-52. So an audit of function as well as budget—conducted by former enlisted personnel rather than officers might be a guide. Compromises generally enlarge agencies.

What else happened was that the venue for compromise was moved to an Executive Branch “superdepartment” in which the arguments about budget are “fully explored, discussed and winnowed” before being presented to Congress in the executive budget proposal. Back before Hoover, Congress did not receive a unified budget proposal—departments competed for the attention of a Congress that took its responsibility for thrift seriously and would decide whether the Army needed ten new tanks more than the Navy needed a new cruiser. Now the Department of Defense has already vetted the request and anything less than full funding of two littorals, twenty tanks, and 150 drones is unacceptable. And congressional compromise is limit to whose district will benefit.

The Transportation Security Administration is an example of a party agenda forcing a “compromise.” The Democrats told Bush the airport security program was DOA unless it included a federal jobs program. The Administration folded. Ten years out there is scant evidence that the quality of personnel has improved—further, the prohibition on unionization has been lifted and TSA employees are now in the fold. Compromises lead to further compromises. See Understanding Gradualism and the Dialectic (https://loboviejo.com/2012/07/19/understanding-…-the-dialectic/).

Back in 1998, at the request of President Clinton, Gary Hart and Warren Rudman co-chaired a Commission on 21st Century Security. The report, issued in 2001, layed out a proposal for a homeland security program at the federal level. The constitutional authority for such an endeavor is found in Article X of Amendment which reads, “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.” Through a series of compromises agreed upon by the three branches of government and not seriously challenged by the states as a unified body the Commerce Clause has become sort of a general grant of powers to the Federal Government. The European model for internal security is extremely centralized—note that no western European nation encompasses six time zones (Maine to Hawaii).

The Bush administration wanted an Office of Homeland Security within the White House, a sign that the problem involved coordination between current agencies while Congressional Democrats wanted a Department. The difference is that an Office may be abolished when it is no longer necessary—a Department becomes a permanent fixture and seeks, on its own, to expand by developing its own constituency in the Congress and the press. A Department becomes a default budget item whereas an Office may be in the third or fourth tier of priority.

The result of compromise in order to achieve the Bush agenda on other matters was the Department of Homeland Security.

So where does this leave us. We are faced with a situation where there will be compromises required for the government to operate over the next four years. We need only look at Europe which is devolving to see the consequence of continued spending without the means to spend. We have a “running scared” Republican establishment thinking about the next election and what is needed to “make a comeback” and a “smugly confident” Democratic establishment that knows the way to win elections is to identify constituencies and “deliver the goods” so that the votes and the contributions come in. There is no political advantage to cutting spending—the key is to pretend to be “investing in America.” All compromises will be made in this context.

In the area of individual liberties, they have been compromised away in pursuit of the Security state. Either Ben Franklin or Richard Jackson wrote; “Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.” In other words there is something that should never be compromised—lest it never be regained.

As an example only, I am going to look at the issue of gun control because it is so much a matter of where the statists have worked through gradualism and compromise to get where they are currently.

Do you know that the National Firearms Act of 1934 had nothing to do with gun prohibition and was only passed as a revenue measure under the excise power of the United States? Who said that? The US Justice Department, in appealing the acquittal of Jack Miller for failing to pay a transfer fee on a five dollar shotgun that had its barrel shortened. Never mind that there was no case in controversy as Mr Miller could not be served—having disappeared into the anonymity of poverty that was most of the rural south in the 30s. Never mind the prohibition on double jeopardy. The government did not argue the fear of “gangster weapons” that dominated the congressional debates. This was a valid exercise of the excise power to raise revenue—and anyway a “sawed-off” shotgun is not a weapon of military utility. The Court made the finding of fact that such weapon had no military utility and therefore it was not a Second Amendment question.

Do you know that the 1968 gun control act was passed by compromises protecting the US firearms industry? Further, it limited prohibition of possession and transfer to individuals whose civil rights in general are infringed—it does not have a prohibition on the mentally ill but rather “(4) has been adjudicated as a mental defective or has been committed to any mental institution…” The major US manufacturers bought off.

Do you know that the McClure-Volkmer Firearms Owners Protection Act of 1986 was only passed because of a compromise prohibiting the manufacture and transfer of machine guns in the civilian market after 19 May 1986? The NRA went along with the compromise.

Recall that the anti-federalist movement, once the inevitability of ratification became apparent, made the Bill of Rights a condition precedent to participation in the Compact. There can be no compromise on that portion of the Constitution.

Standard
Citizenship, Free Society

Election over – time to pull up the boots

(c) 2012 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

Many “conservatives” will mourn after the election of Statist Obama over Statist Romney. There are those of us with legitimate fears about Obama and gun control, but that is about it and we will have to work harder to prevail. But the truth is, that this was an election about minor tweaks in the progressive agenda, not a “liberal-conservative” matchup. To get a conservative-progressive contest you have to go back to 1964. To get a liberal-progressive contest you go back to 1972.

First of all, no matter what you read in the press or the right alternative media, there is nothing historic or unprecedented in this election. Franklin D Roosevelt was re-elected twice (1936 and 1940) with a worse economic record and unemployment rate—his third reelection came when wartime production skewed the economic reports. Only eighteen Presidents out of forty-four have failed to be reelected—sixteen if you do not count Cleveland. Both Nixon and Clinton were under a cloud of scandal when reelected.

What mistakes did Romney make?

This is the question that will keep pundits busy for about a week at most—a little longer on the alternative media websites—and then it will be limited to the alcohol assisted venues where “conservatives” whine about every election the Republicans did not win. Note: it had nothing to do with Gary Johnson. I do have some observations.

The establishment machine made sure that Ron Paul delegations did not get to the Convention and that Ron Paul delegates were not listed as winning caucuses. People you demonize in August are not real likely to support you in November. I said as much then. Whether it would have made a difference in the electoral college I am not sure, but it could have told voters Romney could be fair.

I have seen Al Gore looser than Romney.

There is a tendency on the part of politicians to share tidbits with key contributors. Unfortunately you should never say anything in any kind of gathering that you do not want known throughout the connected world. (This parallels my advice to high schoolers not to put nude pictures of themselves on facebook or send them to significant parties.) The 47percent remark, regardless of its accuracy or source, hit a nerve in the populace. This is not fair, you say, since Obama seems to be Teflon(tm). Well, the world is what it is. Any politician unaware of the parameters is fair game.

In a debate, Mitt expressed approval of NDAA and the USAPATRIOT Act. This alienated liberty voters. A very considered answer would have addressed the Fourth and Fifth Amendment concerns and been vague enough to make voters think he was considering the issue.

There was no counter to Warren Buffett. Berkshire-Hathaway acquires companies where families are forced by the tax code to divest a profitable company to pay inheritance taxes–this is not that different in strategy from Bain.

Where to from here?

The good news is that the Republican Party is healthier down the ballot than at the top. And there is an opening for liberty minded individuals to influence what is going on. If the Republicans can shift back to the Robert Taft conservatism and pull out of military adventurism, it can start to reduce the size of the federal government.

This is small group by small group process that needs to be implemented now, not at the beginning of a campaign. And it needs to be done without Super PACs.

An agenda.

  1. Decide what to compromise on and what not to. We have much needless gun control legislation because the NRA and other conservative organizations were desperate to compromise rather than look obstructionist. Remember, the anti-federalists forced the Bill of Rights, not as a compromise but as a condition precedent to ratification.
  2. Target legislation for repeal with research. Most of the Homeland Security legislation is “emergency” legislation. The United States was last in a State of War in 1945.
  3. Encourage Tenth Amendment groups in the legislature.
  4. Be ready to force Obama to appoint “vanilla” judges to the Supreme Court. Encourage filibusters if necessary.
  5. Be ready to oppose all UN technical treaties. Support withdrawal from NATO and other organizations which authorize military force contrary to Constitutional constraints.
  6. Support free trade and oppose economic protectionism.

More guidance will come.

Standard
Citizenship, Free Society

The Electoral College – essential and relevant

(c) 2012 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

As we look at the polls, the argument over the Electoral College raises its head again. My wife mentioned this to me the other evening and stated the argument succinctly. The Electoral College is a remnant of a time when we did not have an informed democracy. That “our Democracy” has advanced beyond those days and there is no reason to have the EC.

There is the argument, pure and simple. I was informed that just because the founders felt this way is no reason to stick with that system. I replied that there was a reason for my position and I can explain it. It does not matter which candidate wins the popular or electoral vote. And I am not driven by democracy as such—the dictatorship of fifty percent plus one is still a dictatorship.

Benjamin Franklin, who apparently slept through much of the Constitutional Convention occasionally awaking to make a pithy remark, is reported to have had an encounter in which a woman asked whether the Convention had produced a monarchy or a democracy. His reply: “A republic, madame, if you can keep it.”

There were several proposals regarding the selection of the Executive. One was selection by the legislative branch, another by popular vote, another by the Governors. And the compromise was the electoral college. The idea was to balance population with representation of the States, from whom the united States derived its existence and powers. By giving each state a vote in the electoral college equal to its number of Senators and Representatives, the small states were not neglected.

Those favoring the idea of a national democracy rather than a federal constitutional republic see the states as irrelevant—or at best a laboratory for national policy. Those from the District of Columbia complain that their votes count less than those in Wyoming—I did not ever vote on giving electoral votes to DC and would not be upset if they were repealed. The fact is, that with both the popular vote and the electoral vote the current president was elected by those residing in less than ten percent of the landmass of the United States.

It is a token of the Republic that we still have an electoral college, that we still make a distinction of states. As long as we can do this, there is hope that we may recapture the Republic and our basic rights.

Standard
Citizenship, Free Society

RINO, DINO, who really cares?

(c) 2012 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

O wad some Pow’r the giftie gie us
To see oursels as ithers see us! — Robert Burns

As I sit here watching the political infighting among Republicans I can see why they remain a minority party. One of the key words I here is RINO. The concept is that the individual is a Republican for the purpose of getting elected. It is a matter of perspective. Bob Dole mused that when he was deciding to run for County Attorney he weighed the number of Republican voters as opposed to Democratic voters in Russell County.

Now I would point out that in 1956, George Docking, a lifelong Republican, having been previously rebuffed for the Republican nomination for Governor of Kansas, registered and filed as a Democrat. The term DINO was not used. He won and his son Bob also won as a Democrat. Back then the lines were not drawn as sharply as in the national parties.

Jim Pearson, whose Republican credentials no one questions, switched from the Democratic Party to be appointed and thereafter elected as a United States Senator from Kansas.

Joan Finney, a Republican County Commissioner in Shawnee County, became upset when her mentor Frank Carlson did not support her for Second District Representative. She became a Democrat and ran for State Treasurer. She was elected and reelected and eventually elected Governor.

For a good deal of my life the major parties have been non-ideological. I identify as a Goldwater, conservative and see individual liberty, not populist family values, as defining my philosophy. What that may mean is that I will be at odds with those in power—and I have been a Republican longer than many of them have been alive.

The problem I see is that some of the Republicans calling others RINO are basically Populists in the guise of conservatives. Those who know history know that the Populists, with the aid of the Secretary of State, took control of the legislature until the Kansas Supreme Court certified the results of the County Clerks (whose authority is not subordinate to that of the Secretary of State) and the Republicans, aided by Winchester Arms, took the Statehouse back.

Now that Romney has been nominated he has become the “conservative” answer to Obama. That is not what the “conservatives” were saying at the time of the primaries and the caucuses. So what we have is a “center left” Romney as opposed to a “hard left” Obama, both of whom would have fewer problems with a Democratic Congress than a Republican one.

To find a conservative candidate we need to go back to 1964. No, Ronald Reagan was not a conservative, he was a Teddy Roosevelt progressive with conservative—even some libertarian—tendencies. Look at the record. Call him RINO. No, nor would anyone call Teddy Roosevelt who had plans to amend the Constitution to centralize power in the executive a RINO. They are part of the Pantheon.

And the question is: what happened to the “big tent” after it let in southern populists? And are Republicans going to get elected by trashing other Republicans?

 

Standard
Citizenship

Goodbye federalism

(c) 2012 Earl L. Haehl Permission is given to use this article in whole as long as credit is given. Book rights are reserved.

As I have been re-reading Madison’s notes as edited by Solberg I have picked up on some details that the 23 year old college senior (slow learner) missed. In fact, I would recommend a re-read of a lot of stuff as an adult—you’d be amazed at what holds up and what does not.

But I digress—as most of my friends and relative note…often. Reading Madison’s notes on the federal convention reveals a lot. Many of the debates are still unsettled from day one. What are we as a nation. Do we have a general, national government or a federal republic? I can argue it both ways as my old hero Harold Fatzer did on occasion when he was chosen (by rotation) to write a majority opinion against which he had voted—his majority was solid and well thought out but his dissent was masterful, logical and chiding of the majority. I can write a legal paper on the textual federalism of the Constitution. I fervently support a federal republic and believe the national government has done more to destroy than protect.

I am writing this about the fact and not the law. The Constitution of the United States is regarded as antiquated. Franklin D Roosevelt wrote to Samuel B. Hill, Chairman of the House Ways and Means Committee on July 6, 1935, stating, “I hope your committee will not permit doubts as to constitutionality, however reasonable, to block the suggested legislation.” I did not find a quote for his reference to the Constitution as a “quaint 18th century document,” but the sentiment fits with his attitude toward Congress and the Supreme Court. And I would posit that most in elective office agree.

What Hamilton and a number of people at the Convention preferred was a national government—some went as far as to propose the elimination of states. At that point even Madison was in favor of a stronger central government than he was after persuasion by Jefferson during ratification. The argument was that the states were a roadblock to a strong (read militarily powerful) nation. And of course the states were a hindrance to commerce—actually California does not recognize the commerce clause when it comes to firearms and the Ninth Circuit says fine.

If I end up interspersing current events with this it is that the same forces are at work today and this is about where we are. There is no provision in the Constitution for a national police force. The federal government has 150,000 “law enforcement” personnel which essentially constitute a standing army within our borders while the natural defense of society—the militia of the people—is further infringed. George Mason who drafted the Virginia Declaration of Rights wrote in Section 13: “That a well-regulated militia, or composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.” The Department of Homeland Security has become a power unto itself and has voided much of what is left of federalism. Does this bother the electorate—hint, the candidates are both believers in national government. As Clinton and Bush gave up their defense of their gubernatorial powers when they arrived at the juncture of New York and Pennsylvania Avenues, so too will Romney if elected.

The arguments ranged back and forth on the merits of democratic election versus a republic. And at the Convention, there was a compromise. We are told today by those who wish a more powerful and intrusive government that compromise is not a bad thing. The Senate was to be selected by the legislatures of the states as a bone to the republicans. The fear was that a complete democracy would endanger the rights of all. As the growth of democracy gained power in the 19th Century, the Progressives manipulated the Populists into assenting to their power grab and the 17th Amendment was adopted in 1913 leaving the Senate of the United States unaccountable to those states they represent.

The situation we are in now—a national, central and unaccountable government—is not a failure of democracy but rather the natural consequence of democracy. It arises out of a public school system which has, as its primary mission, the indoctrination of the population in the current political system. This sets them up to accept the demagoguery they became acquainted with in school. Unfortunately the progressives have control of education regardless of who holds the government through the NEA and AFT.

The document remains but the reality is different. The courts and Congress cannot control the Executive because they do not have the will. This is not a new phenomenon of the Clinton-Bush-Obama years. Andrew Jackson once said, “Mr Marshall has made his decision, now let him enforce it.”

More quotes:

“I took the Canal Zone and let Congress debate about me.” Theodore Roosevelt whose 1912 campaign made suggestions about the need to revise the Constitution to give the central government more power.

““The President is at liberty, both in law and conscience, to be as big a man as he can. His capacity will set the limit; and if Congress be overborne by him, it will be no fault of the makers of the Constitution, – it will be from no lack of constitutional powers on its part, but only because the President has the nation behind him, and the Congress has not.” Woodrow Wilson who believed there was a “transcendent constitution” that superseded the dead written document.

So we are here with a national rather than a federal government that Republicans and Democrats alike are comfortable with.

Standard