Tag Archives: executive branch

An Unnecessary Condition of Affairs

“The war… was an unnecessary condition of affairs, and might have been avoided if forbearance and wisdom had been practiced on both sides.” Robert E. Lee

I am always attracted to military leaders with a tragic and honorable history, men who maintain honor and humanity even when the nations that they serve was on the wrong side of history.  There have been such men in almost every war and I admire them even in defeat more than I do those that win victories at all costs and in the process lose their souls. This puts me in a select minority and minorities are not always appreciated we tend to make people uncomfortable just by existing. Since I have been threatened by threatened by Neo-Nazis, called weak, a heretic, apostate and sometimes worse by fellow Christians even being tossed from my former church for now being “too liberal” I am now officially used to this even when it comes from friends Romans and countrymen and the occasional nutty European, Asian or Islamist from abroad.

Today we stand at a political divide not seen since the days leading up to the American Civil War but it didn’t have to come to this had our political and corporate leadership been responsible and acted with wisdom the past 40 years or so. Robert E Lee a man unquestioned integrity was torn by his desire to see the Union preserved and his allegiance to it and his loyalty to his own family and the Commonwealth of Virginia.  Lee is a tragic figure a true man of courage, faith and decency, a man of moderation who maintained a profound respect and love for the United States even while leading the Confederate Army of Northern Virginia.  He had his flaws as well but on the whole he was one of the truly great men in American history. When the war was lost he was an advocate of reconciliation between the deeply divided North and the conquered South.

In an age of bitterness brought about by defeat and the repression of the draconian measures of Reconstruction Lee was a man that understood that as Americans it was necessary to put aside bitterness.  After the defeat he was accosted by a woman professing her hatred of the North. His reply to her would be a good start for all of those today who hate their fellow Americans be they Republicans, Democrats, Libertarians or Tea Partiers on the basis of political ideology and the raw quest for power.  Lee said to this woman “Madam, don’t bring up your sons to detest the United States Government. Recollect that we form one country now. Abandon all these local animosities, and make your sons Americans.”

Unfortunately among certain parts of the electorate the Government of the United States is detested and some even call for revolution if not at the ballot box if need be by violence.  The rhetoric is certainly pointing that direction as conservatives and liberals alike turn up the heat on this witches cauldron that our country has become. Compromise is considered anathema by both sides especially by the Tea Party movement and the fact is that we are at war with ourselves the national fabric is broken even worse than or economic state or moral state.  We may not be shooting at each other yet but unless we see some kind of national decision by all Americans to stop the political fratricide and work together to solve the problems that have been festering for decades it may come to down to bullets and the tragedy will be worse than that of the Civil War because despite the tragedy of it some good did come, the end of slavery and an understanding of being Americans rather than simply New Yorkers or Virginians. Lee writing about the war said “What a cruel thing is war: to separate and destroy families and friends, and mar the purest joys and happiness God has granted us in this world; to fill our hearts with hatred instead of love for our neighbors, and to devastate the fair face of this beautiful world.”

This political fratricide is in large part due to the manner in which our politicians, political parties and even religious institutions are the servants of multinational corporations and financial groups. When everything comes down to it all of these institutions are deeply subservient to the whims of special interests especially multinational corporations and financial institutions.  It is no wonder that leaders as diverse as Thomas Jefferson, Theodore Roosevelt and Napoleon Bonaparte recognized the threat that they pose to nations and in the case of the United States to democracy itself. Jefferson wrote “The end of democracy and the defeat of the American Revolution will occur when government falls into the hands of lending institutions and moneyed incorporations.”

Roosevelt noted quite rightly, much to the chagrin of his fellow Republicans “Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people. To destroy this invisible government, to befoul the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of today.” While Napoleon cut to the heart of the matter when he wrote “When a government is dependent upon bankers for money, they and not the leaders of the government control the situation, since the hand that gives is above the hand that takes. Money has no motherland; financiers are without patriotism and without decency; their sole object is gain.”

Yet in the midst of our political fratricide there seems to be one special interest group above all which always seems to win even when the people of the country suffer. That group is the multinational corporations and financial institutions.  It doesn’t matter what party is in power they somehow come out with a big fat profit margin and get treatment that regular people could never hope to get. Now since the Supreme Court has ruled that big corporations (and labor too) now have no limits on what they can contribute to political campaigns you can bet your ass that politicians of all ilk’s will be suckling lucrative money milk from the tits of these corporations which will dispense billions of dollars to political campaigns in the coming year and a half leading up to the 2012 election.  We expect this of Republicans and Democrat but rest assured my friends that even Tea Party candidates will line up for their turn in order suckle at this tit to keep their newly acquired offices or gain more in the coming election. Such is the nature of politics in our fair country.

Meanwhile both parties dither about a budget that if they had been doing their jobs would have been completed months ago had Nancy Pelosi bothered to submit a budget for 2011 while Speaker of the House.  Now about three months into the new Congress both parties are posturing on the next year’s budget all the while the government lurches toward a shutdown of unpredictable consequences.

Yes we have to deal with the mess that these same people of both parties aided and abetted by their special interest group supporters have made over years to get us in this mess. Administration after administration and Congress after Congress have kicked this can down the road and now they have kicked it and the country into the ditch. Now something has to be done and Democrats seem loathe to step up to the plate and take political risks  while Republicans, particularly the Tea Party leadership are acting like the Jacobins during the French Revolution even threatening even their own party leadership if they don’t get everything that they want. All seem to ignore the fact that the vast majority of the country just wants both sides to figure the damned thing out and fix the problem for real even if it means personal sacrifice rather than seeing these people pursue the policy of mutually assured destruction.

Why does this seem so personal to me? Let me tell you. When I came back from Iraq after seeing the results of unbridled hatred in that country and having travelled in the Balkans after the Yugoslav Civil War I became frightened when I saw politicians of both parties speaking with the same invective as I saw in those countries. Nothing like seeing the effects of a real live shooting civil war to give one pause when political enemies threaten to cross that same line in this country.  Don’t dismiss this out of hand. For years certain pundits, politicians and preachers on both sides of the political chasm have been dehumanizing their opponents and once people are no longer seen as human it is very easy to resort to violence against them. Just take a look at the ordinary Germans who took part in the extermination of the Jews under the Hitler regime.

Am I forgetting something here? Yes I almost forgot, in 2008 we saw the housing crisis in which the very institutions caused the crisis were bailed out by both President Bush and President Obama with Congress willing and lovingly joining in to approve billions and billions of dollars for them. This included huge amounts of money which went to foreign financial institutions. Meanwhile regular people had their home value and credit slashed even as unemployment skyrocketed and in the following years we have seen the same banks seizing the foreclosed homes in record numbers while millions of others now owe far more on their loans than their homes are worth. It’s a great deal for the banks. Approve loans for people who will have a hard time repaying them, crash the economy have the government bail you out and then take the homes and sell them while still collecting the cash from the unfortunate former owners. Well to quote a great line from the Roman Empire segment of Mel Brooks’ classic comedy History of the World Part One

Leader of Senate: All fellow members of the Roman senate hear me. Shall we continue to build palace after palace for the rich? Or shall we aspire to a more noble purpose and build decent housing for the poor? How does the senate vote?
Entire Senate: F*** THE POOR!

It’s funny how a comedy from the late 1970s offers such remarkable political and social insights for us today. But then Teddy Roosevelt said of the Roman Republic as a warning to us back in 1903 “The death-knell of the republic had rung as soon as the active power became lodged in the hands of those who sought, not to do justice to all citizens, rich and poor alike, but to stand for one special class and for its interests as opposed to the interests of others.”

Well if these present rulers don’t get their act together parts of the government will shut down and your military which is currently involved in four wars, Iraq, Afghanistan, Libya and the nearly forgotten War on Terrorism in lots of places that the media doesn’t mention will not get paid. Ain’t that a hoot?  But mind you as military personnel try to salvage the wars that our politicians have plunged us into we still serve even if we won’t get paid.  Yet when push comes to shove we are cast aside by the political ruling class for their short term political gain.  I remember a quote of Robert E Lee which speaks volumes on this subject. Lee was besieged at Petersburg, his haggard and outnumbered Army deprived of food, ammunition and replacements was dying in the cold mud of the trenches when he went to seek help from the Confederate Congress. After his visit he remarked “I have been up to see the Congress and they do not seem to be able to do anything except to eat peanuts and chew tobacco, while my army is starving.”

Seems that nothing really changes, does it? This unnecessary condition of affairs, and might have been avoided if forbearance and wisdom had been practiced on both sides. When will we ever learn?

God help us all,

Peace

Padre Steve+

 

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Filed under History, laws and legislation, leadership, Military, philosophy, Political Commentary

The Road to Totalitarianism is paved with Good Intentions

“They that can give up essential liberty to obtain a little safety deserve neither liberty nor safety.” Benjamin Franklin

Hitler presides over the Reichstag during the passage of the Enabling Act

Sometimes in crisis nations enact laws that in the heat of the moment sound quite good. In fact the writers of such laws usually don’t have bad intentions, they react to a crisis enact laws to safeguard society from the events of the crisis which usually included widespread political, social and economic disruption.  In 1919 with the country engulfed in economic, social, political crisis that had evolved into what amounted to a civil war Germany added an article to the Weimar Constitution.  That article was Article 48 and read as follows:

Article 48 of the German Constitution of August 11, 1919:

If public safety and order in Germany are materially disturbed or endangered, the President may take the necessary measures to restore public safety and order, and, if necessary, to intervene with the help of the armed forces. To this end he may temporarily suspend, in whole or in part, the fundamental rights established in Articles 114, 115, 117, 118, 123, 124, and 153

During the turbulent history of Weimar Article 48 was used by the Socialist President Friedrich Ebert who had to guide the country through the collapse of the monarchy, the humiliation of Versailles, the period of hyperinflation as well as an attempted takeover by those who wanted to implement a Soviet government as well coup attempts from the political right.  After Ebert’s death in 1925 Field Marshal Paul von Hindenburg was elected President and during the economic, political and social crisis brought about by the Great Depression invested the conservative Chancellor Heinrich Brüning with the powers of Article 48, something that he also granted to Brüning’s successors Franz von Papen, Kurt von Schleicher and Adolf Hitler.

Under Hitler it was invoked after the burning of the Reichstag, the German Parliament building an event which was very likely executed by the Nazis themselves while blaming the Communists.  It was issued in the following manner:

ARTICLE 1. In virtue of paragraph 2, article 48, of the German Constitution, the following is decreed as a defensive measure against communist acts of violence, endangering the state:

Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty [114], on the right of free expression of opinion, including freedom of the press [118], on the right of assembly and the right of association [124], and violations of the privacy of postal, telegraphic, and telephonic communications [117], and warrants for house-searches [115], orders for confiscation as well as restrictions on property [153], are also permissible beyond the legal limits otherwise prescribed.

Following this the Reichstag passed a law called the Enabling Act. This law gave the President unlimited power which Hindenburg ceded to Hitler.  When Hindenburg died in 1934 the offices of President and Chancellor were merged in the person of Adolf Hitler. This is the text of the Enabling Act legislation:

The Enabling Act of 1933

The Reichstag [the lower house of parliament] has passed the following law, which is, with the approval of the Reichsrat [the upper house], herewith promulgated, after it has been established that it satisfies the requirements for legislation altering the Constitution.

ARTICLE 1. In addition to the procedure for the passage of legislation outlined in the Constitution, the Reich Cabinet is also authorized to enact Laws referred to by Articles 85 Paragraph 2 and Article 87 of the constitution. (Article 85 outlined the process by which the Reichstag and Reichsrat approved the Reich budget. Article 87 restricted government borrowing.)

ARTICLE 2. The national laws enacted by the Reich Cabinet may deviate from the Constitution provided they do not affect the position of the Reichstag (low house of Parliament) and the Reichsrat (the Upper House). The powers of the President remain unaffected.

ARTICLE 3. The national laws enacted by the Reich Cabinet shall be prepared by the Chancellor and published in the official gazette. They come into effect, unless otherwise specified, upon the day following their publication unless they prescribe a different date. Articles 68 to 77 of the Constitution do not apply to laws enacted by the Reich government. (Articles 68 to 77 stipulated the procedures for enacting legislation in the Reichstag.)

ARTICLE 4. Treaties of the Reich with foreign states which concern matters of domestic legislation do not require the consent of the bodies participating in legislation. The Reich Cabinet is empowered to issue the necessary provisions for the implementing of these treaties.

ARTICLE 5. This law comes into effect on the day of its publication. It ceases to be valid on 1 April 1937 or if the present Reich government is replaced by another.

The Enabling Act was passed by a majority of the Reichstag by a vote of 441 to 96. The Communists had been banned and had no representation, the center and right cast aside their reservations and voted for it and only the Socialists led by their Chief Otto Wels voted against it.  For their trouble most of the Socialist deputies would be imprisoned, go into concentration camps or have to flee the country.

Some leaders of religious groups that initially supported the Nazis rapidly discovered that they had made a deal with the Devil. As Martin Niemöller said:

They came first for the Communists,
and I didn’t speak up because I wasn’t a Communist.

Then they came for the trade unionists,
and I didn’t speak up because I wasn’t a trade unionist.

Then they came for the Jews,
and I didn’t speak up because I wasn’t a Jew.

Then they came for me
and by that time no one was left to speak up.
.

In times of crisis people seek security and stability and are often willing to sacrifice constitutional liberties to do so.  Unfortunately when a people and nation willing abrogate their constitutional rights and protections by legislative action or executive order in the name of security and safety they ensure that they will lose all. The German political parties that voted in favor of the Enabling Act included cultural and religious conservatives.  Most of these people feared a potential Communist takeover and continued political and economic instability more than surrendering their rights and freedoms.

Unfortunately it is my belief as well as that of many civil libertarians on both sides of the political divide that we have set the stage in this country for a totalitarian state.  Our legislature passes massive bills which none have read that are so Byzantine that no one can understand them which often give nearly unchecked power to unelected bureaucrats in government agencies and often serve to grant more power to the Executive Branch at the expense of Congress, the Courts and State governments.  Such legislation passed under conditions where people believe a crisis exists includes the Patriot Act of 2001, the Intelligence Reform and Terrorism Protection Act of 2004, the Emergency Economic Stabilization Act of 2008 the Troubled Asset Relief Program (TARP) of 2008 and the Patient Protection and Affordable Care Act (PPACA) of 2010.  Most of the people that voted for these laws certainly believed that they were doing the right thing, but all contain provisions that give unelected and unaccountable bureaucrats unheard of power over the daily lives of Americans and contain provisions that sacrifice individual rights and liberties. There are numerous other examples which in conjunction with Presidential Executive Orders and Directives, some public and many secret that provide the Executive Branch willing to use them almost unbridled power.  Under normal conditions no President would attempt take full advantage of such powers nor would most people accept such a power grab, but history shows that under emergency or crisis conditions people and legislatures willingly surrender liberty for supposed security.

In Weimar Germany the catalyst was the fear of Communist takeover in the midst of economic crisis that created the conditions by which non-Nazi citizens and political parties surrendered their liberties. In the wake of the attacks of September 11th 2001, continued terrorist threats, two wars, economic crisis, the collapse of the housing market and the ineffectiveness of government leaders at the Federal and State levels the United States in a place where many people may accept an authoritarian or totalitarian regime so long as we are safe and the economy gets back on track.  Instead of a Communist threat we have a Muslim extremist terrorist threat. Instead of the Great Depression we have a world economy on the brink of collapse. People are fearful; millions are going bankrupt or losing their homes and jobs and more seem to be willing to surrender freedom just to be safe and have some semblance of an orderly society again.  You really can’t blame people for wanting a return to an America where it is safe and the economy is doing well there is nothing evil in that desire. Unfortunately history shows that there are those that will exploit people’s fears and longings to gain unbridled power and once they have it will stop at nothing to keep it.

In 1933 the German people surrendered their rights and freedoms for the promise of safety, security, economic recovery and a return to national greatness.  The question that I have to ask is will the people of the United States of America do the same in the next few years?  I think the answer is obvious.  It will only take a successful terror attack on the United States Homeland, an economic collapse or a government shutdown to force the issue. People will demand results and will welcome whoever can deliver those results.  We have already shown what people will accept in order to travel by commercial air and from that it is but a small step to accepting such measures in the rest of life.  Get ready folks it will be a joy.

Peace

Padre Steve+

 

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Filed under History, laws and legislation, national security, Political Commentary

Fall Back? Why can’t we do this Every Week?

I love this time of year when we get an extra hour to stay up late instead of getting an extra hour of sleep. I wonder sometimes why we couldn’t do this every week. Of course I know that this will never happen but I cannot think of too many disadvantages because eventually everyone benefits. Yes I admit that that there are some hurdles to get over but just imagine having 52 extra hours to goof off a year.  I would actually give us over two extra days; sure for some parts of the year it would be dark at high noon but who cares?  Eventually everyone would, regardless of their job get a chance to enjoy daylight even if it is midnight when they do it. What a deal, who could be against it?

Perhaps if we did it right we could actually rip a hole in the fabric of space and time and in doing so provide better economic opportunity.  Maybe we could make contact with life forms from the Delta Quadrant that would buy our stuff or maybe even make contact with ourselves in an alternate universe.  It would be like Star Trek.

I mean let’s look at the practical things that that could happen.  The people that work the night shift could actually enjoy daytime, lots of football and baseball games could be played in the daytime rather than under the lights and those that work during the day could actually enjoy some daylight when they go home. I know that I could use an extra hour every week. I don’t know about you but I can.

However it will never go through our political and economic leaders would never go for it despite the obvious advantages to interstellar and trans-dimensional commerce.  There is also the fact that by rolling back the clock 52 hours a year those that would deny us those hours actually harm their economic well being. Besides it would add a couple of months or so to everyone before they could get Social Security benefits, what a way to help balance the budget.  Helps business, helps the government and gives us all an extra hour a week. The hell with the spring forward crap, I want to go back every week.

Yet alas, this will not happen as I said there are far too many people and organizations in power that will not let it happen.  But maybe, just maybe with the Tea Party in charge of the House of Representatives people will start thinking outside of the box; of course they will have to overcome resistance in the stodgy Senate as well as the embedded lack of inertia in most departments of the Executive Branch and the certain legal challenges by the trial lawyers and opposition of paid lobbyists.  But then why would they even want to bother with something as silly as this when their top priority is finding a way to throw the President out of office?

Maybe we can compromise; maybe we can go with Dave Barry’s idea of a concept called “Weekday Morning Time, whereby at 7 a.m. every weekday we go into a space- launch-style “hold” for two to three hours, during which it just remains 7 a.m.”  According to Barry “this way we could all wake up via a civilized gradual process of stretching and belching and scratching, and it would still be only 7 a.m. when we were ready to actually emerge from bed.”  Heck if I can’t get the extra hour of sleep I’d take this any day of the week.

Until then however I just have to thank whoever invented the “fall back” idea and enjoy either the extra sleep or time to goof off unless you have to work tonight.

Peace,

Padre Steve+

 

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