Friday, January 27, 2012

How U.S. Elections May Violate the 14th Amendment

by Len Hart, The Existentialist Cowboy

The ideal of 'one man, one vote' has NEVER been achieved. If your VOTE does not carry the same weight as does the vote of someone else, then YOUR rights under the 14th have been violated! For example, it is possible that a Presidential candidate could get a greater number of popular votes but, by losing a few large states, get fewer 'electoral college votes and, thus, lose the White House.

That's only one example and a more obvious one. On any given election, votes are NOT equal. Someone else's vote may be 'worth' more than yours or yours may be worth more than another person's. Votes are NOT equal. And, in some cases, some votes --perhaps your vote --may not even count.
In a democratic election between two candidates, the winner is the person with the majority of the votes. But when three or more candidates run, things are seldom so simple. The winner often amasses only a plurality, not a majority, of the votes. (Bill Clinton, for example, won the presidency with 43 percent of the vote; Jesse Ventura won the Minnesota governorship with 37 percent.) The plurality winner could be everybody else's least favorite candidate and could even lose to each of the other candidates in a head-to-head battle. As Saari puts it: "The plurality vote is the only procedure that will elect someone who's despised by almost two thirds of the voters."

--Discover Magazine, May the Best Man Lose, November 1, 2000
The 14th says that "..."no state shall ... deny to any person within its jurisdiction the equal protection of the laws."
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

--U.S. Constitution, 14th Amendment
The Equal Protection Clause can be seen as an attempt to secure the promise that "all men are created equal". But not only minorites but every person has a stake in his/her vote being counted but --even more imporantly --counting for as much as every other vote cast by every other person in the nation.

The most promising proposals include the 1) System of Single Transferable Vote (STV) proposed by Thomas Hare in England and Carl George Andrae in Denmark in the l850s. Adopted throughout the world, STV has been adopted to elect public officials, prominently in Australia, Malta, the Republic of Ireland, and Northern Ireland as well as in local school board elections in New York City.

But other system have their own advocates. They include 'preference voting', the Borda Count, range voting et al. All have in common that they are far superior to any method now used in the United States in terms of how accurately any given election reflects the will of the people. My own 'preference', however, is the Borda count in which...
...each voter ranks all of the candidates from top to bottom. If there are, say, five candidates, then a voter's top-ranked candidate gets 5 points, his second-ranked candidate gets 4, and so on. Finally, the points from all the voters are added up to determine the winner.

--Discover Magazine, May the Best Man Lose, November 1, 2000
It is hard to see how anything could be simpler and just as hard to see how a nation which tolerates the unequal nature of elections can make a straight-faced claim to being democratic or fair. It is had to see how any government formed as a result of unfair or inaccurate voting systems can claim to be legitimate.


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Wednesday, January 25, 2012

AA Exposes Bush's 'Big Lie': Flight 11 DID NOT FLY on 911!

by Len Hart, The Existentialist Cowboy

American Airlines is the source for information that AA Flights 11 (North Tower) and 77 (Pentagon) did not fly on 911. If neither flew on 911, the Bush 'theory' is a lie. If the Bush 'theory' is a lie, there remains only one explanation and that is: 911 was an inside job given a green-light by Bush himself.

These flights are critical to the the government's crumbling cover up! Conan Doyle, the brilliant creator of the character Sherlock Holmes, said: "When you have eliminated the impossible whatever remains however implausible must be the truth!" Bush's official conspiracy theory of 911 is not only impossible, it's absurd and insulting to intelligent people!

The Bush Conspiracy Theory is a Lie

There is, then, probable cause to indict Bush and his co-conspirators for the crimes of mass murder and high treason. See: U. S. Codes, Title 18, Section 2441. That includes every statement made by Bush.

WikiScanner discovered that it was American Airlines itself which changed their Wikipedia entry to state that Flights 11 and 77 did not fly on 9/11. The original entry was as follows:
Two American Airlines aircraft were hijacked and crashed during the September 11, 2001 Terrorist Attack: American Airlines Flight 77 (a Boeing 757) and American Airlines Flight 11 (a Boeing 767).
New entry [as of the date of this article] is as follows and includes the bolded text below:
Two American Airlines aircraft were hijacked and crashed during the September 11, 2001 Terrorist Attack: Flight 77 (a Boeing 757) and Flight 11 (a Boeing 767).

Although these flights were daily departures before and a month after September 11, 2001. Neither flight 11 nor 77 were scheduled on September 11, 2001. The records kept by the Bureau of Transportation Statistics (www.bts.gov/gis/) do not list either flight that day.

--Wikipedia

To make the point: the source for these change is American Airlines by making changes to Wikipedia. The 'story' is not Wiki. The story is not about Wiki. The story is about how AA 'corrected' a wiki entry. The story is about the fact that the evidence that Flights 11 and 77 were not flying on 911 comes from American Airlines itself.
According to a Freedom of Information Act reply from the U.S. Bureau of Transportation Statistics (BTS), the last known pre-9/11 flights for three of the four aircraft involved in the terrorist attacks of September 11, 2001 took place in December, 2000, nine months before the attacks, while no pre-9/11 final flight information was provided for American Airlines flight 77 (N644AA).

However, a discovered searchable online BTS database produces the following search results for three of the four 9/11 aircraft on September 10, 2001:

AA 11 departs San Francisco (SFO): AA 09/10/2001 0198 (flight number) N334AA (tail number) BOS (destination) 22:04 (wheels-off time)

UA 175 departs San Francisco (SFO): UA 09/10/2001 0170 (flight number) N612UA (tail number) BOS (destination) 13:44 (wheels-off time)

UA 93 departs San Francisco (SFO): UA 09/10/2001 0078 (flight number) N591UA (tail number) EWR (destination) 23:15 (wheels-off time)

--911 Blogger, UPDATE: U.S. BTS FOIA Records For 9/11 Planes Differ From BTS Online Database [The records were obtained by Adrian Monaghan]
The question is raised: how do we know who made the changes to Wiki? Everyone logged on to the internet does so from an IP address. In this case, the IP is that of American Airlines. It's traceable.

My own WHOIS lookup as well as my Google search of the IP address proves conclusively that it was --indeed --American Airlines that made the change. It is, therefore, American Airlines that has said that neither Flight 11 nor Flight 77 were in the air on 911.

Therefore, the Bush theory of 911 is a deliberate lie.

My look up returned the following:

WHOIS - 144.9.8.21

Location: United States [City: Ft. Worth, Texas]
OrgName:    American Airlines Incorporated
OrgID: AMERIC-112
Address: P.O.Box 619616
Address: MD 5308
City: DFW Airport
StateProv: TX
PostalCode: 75261
Country: US

NetRange: 144.9.0.0 - 144.9.255.255
CIDR: 144.9.0.0/16
NetName: AANET
NetHandle: NET-144-9-0-0-1
Parent: NET-144-0-0-0-0
NetType: Direct Assignment
NameServer: DNS-P1.SABRE.COM
NameServer: DNS-P2.SABRE.COM
NameServer: DNS-P3.SABRE.COM
NameServer: DNS-P4.SABRE.COM
Comment:
RegDate: 1990-10-31
Updated: 2002-06-27

RTechHandle: OG60-ARIN
RTechName: Gelbrich, Orf
RTechPhone: +1-817-931-3145
RTechEmail: ************@aa.com

OrgTechHandle: ZW72-ARIN
OrgTechName: WARIS, ZISHAN
OrgTechPhone: +1-817-967-1242
OrgTechEmail: ************@aa.com

# ARIN WHOIS database, last updated 2008-06-29 19:10
# Enter ? for additional hints on searching ARIN's WHOIS database.
One of Many Fatal Holes in the Bush Official Conspiracy Theory

The many lies (many referenced in previous EC articles; see links below) are probable cause to begin a Federal Grand Jury investigation of George W. Bush's role in 911. Bush should be compelled by subpoena and Federal Marshals to testify under oath before an independent Federal Grand Jury. The AA revelations demand it!

911 did not happen as we have been told.

Bushco's 'official conspiracies theory' of 911 is full of holes. Flights 11 and 77 are essential ingredients in the 'official conspiracy theory' of 911. That AA claims that neither 11 nor 77 were in the air that day sinks Bush's theory. Clearly --the official theory is a lie, an intentional cover-up. Cover-ups imply guilt! Otherwise --what is there to cover up? The official 'lie' goes like this:
At 8:20, Flight 11 stopped transmitting its transponder signal, and veered northward and departed dramatically from the westward heading of its planned route. The controllers concluded that the plane had probably been hijacked. 4 5 At 8:24, the following transmission was reportedly received from Flight 11: We have some planes. Just stay quiet and you'll be okay .. we are returning to the airport.

..Nobody move. Everything will be okay. If you try to make any moves, you'll endanger yourself and the airplane. Just stay quiet. Nobody move please we are going back to the airport .. don't try to make any stupid moves. 6

Neither of the pilots pressed the distress call button. At 8:28 controllers reportedly watched the plane make a 100-degree turn toward the south. 7 Presumably, Flight 11 continued south along the Hudson River until it reached the World Trade Center, though documentation of this is sparse given the lack of public information.

According to NORAD's September 18 timeline, the FAA did not notify NORAD of the signs that Flight 11 was hijacked until 8:40, 25 minutes after the first signs of trouble. 8

--Flight 11, The First Jet Commandeered on September 11th, 911 Research
Simply: if AA Flight 11 was not in the air, it could not have struck the towers; ergo: the Bush theory is false!

The house of cards collapses.

Assertions that Flight 11 struck the North Tower that are utterly baseless, if not a deliberate and criminal lie! If neither Flight 11 mor 77 was in the air that day, the Bush administration's version of events must be utterly discarded.

If flights 11 or 77 did not fly on 911, officialdom must come up with another explanation to explain the the events of 911.

No wreckage traceable to a 757 was ever found at the Pentagon.

One would not expect to find wreckage of a flight never flown. What is significant with respect to the changes to Wiki with respect to BTS/NTSB records is that the burden of proof is now placed upon Bushco to prove its theory --or face charges resulting from the probable cause that Bush himself and high ranking members of his administration participated in the crimes of mass murder and high treason!

Photos of an engine rotor appear to depict an engine used in the Global Hawk, a payload carrying missile that was, according to Britain's International Television News, flown from the US to Australia completely by remote control. "A robot plane has made aviation history by becoming the first unmanned aircraft to fly across the Pacific Ocean."

Britain's ITN continued:

"The Global Hawk, a jet-powered aircraft with a wingspan equivalent to a Boeing 737, flew from Edwards Air Force Base in California and landed late on Monday at the Royal Australian Air Force base at Edinburgh, in South Australia state... It flies along a pre-programmed flight path, but a pilot monitors the aircraft during its flight via a sensor suite which provides infra-red and visual images."

ITN quoted Australian Global Hawk manager Rod Smith: "The aircraft essentially flies itself, right from takeoff, right through to landing, and even taxiing off the runway."

'The Missile that Struck this Building'

The Global Hawk is a much better candidate for what Rumsfeld called '...the missile that struck this building' than a 757. Here's what you need to know about the Pentagon.
  • Only minutes after the strike, [see pic above] there is no sign of an airliner at all!!
  • No wreckage traceable to a 757 was ever recovered.
  • Only ONE engine rotor (seen in photos) was recovered! This rotor is about one third the diameter of a 757 rotor, i.e about the size of a U.S. Global Hawk rotor.
  • A 757 has two rotors, each of which are nearly three times the size of the SINGLE rotor located at the Pentagon. Again --only one rotor was found in Pentagon debris.
  • Engine rotors are made of a Steel/Titanium alloy to withstand high temps inside jet engines and would have been found had they been there.
  • Flight 77 could not and did not crash into the Pentagon.
No Arabs Were on Board 77

If no Arabs were on board Flight 77, Bush's theory must be trashed! There is not only no evidence to support the theory that Arab terrorists hijacked 77, there is every reason to believe that none of ever got on board. There are no Arabs on the only Pentagon 'evidence' that is admissible in court: the 'Official Autopsy Report' of Pentagon victims. The autopsy report was released to Dr. Olmsted in response to his FOIA request. In a 'neat' cover-up, a 911 memorial lists all victims of whatever it was that crashed into the Pentagon. At the same time, 77 victims were said to have been buried at Arlington National Cemetery. Where, then, are the passengers buried? I would be very surprised to learn that there were passengers on a flight that cannot be proven to have existed.

Whatever crashed into the Pentagon was described by a witnesses as looking like a 'hump-backed whale'. Rumsfeld himself called it a missile: Below: a US Global Hawk painted to look like an AA airliner. It is both a 'missile' and it also has a hump back!

The photo below does not purport to be the craft that would ultimately crash into the Pentagon. It merely demonstrates how easily such a 'paint job' could dupe those who are 1) not experts on aircraft 2) saw it only for a second or less as it scooted across the Pentagon lawn as NO 757 could possible have done 3) were, in any case, caught off guard.

Recognizing lies for what they are is a part of the process of growing up! America, it is time to grow up! It is time to confront this heinous pack of lies! It is time to insist that the Obama administration begin a REAL investigation of 911.

It is time to insist that a Federal Grand Jury investigate every count of high treason, mass murder and domestic terrorism that was perpetrated upon the people of the U.S. by the Bush administration, his collaborators in the Pentagon, K-Street, the Congress and the leadership of the Republican party, Marvin Bush's 'Securacom', Larry Silverstein who ordered WTC 7 be 'pulled', General Myers, Donald Rumsfeld, Dick Cheney and, of course, George W. Bush who was, at the time, the 'Commander-in-Chief' and ultimately responsible for the orders given the US military to 'stand down'.
By Donald Rumsfeld's own admission, he was unaware of any threats to the Pentagon -- the building where he was located during the September 11th attacks -- until an aircraft crashed into the side of it, and he ran out "into the smoke" to see if it might be a "A bomb? I had no idea." (ABC News This Week, Interview 9/16/01).

Well, that's a pretty tall tale by any standard. The New York Times reported that by 8:13am, the FAA was aware of the first hijacking out of Boston. The Pentagon explosion, which Donald Rumsfeld claimed he had "no idea," did not occur until approximately 9:37am, nearly an hour and a half later, this after two of the tallest buildings in the world were devastated. Note that a plane hijacked out of Boston can reach Washington D.C. as easily as it can reach New York City.

It was widely reported that Pentagon personnel were indeed aware of the threats to their security, and they took security measures on that morning. But not the "Secretary of Defense." Why should the man charged with defending the United States of America concern himself with hijacked aircraft?

There is a set of procedures for responding to hijackings. In particular, these procedures were changed on June 1, 2001 while Rumsfeld was in power as our Secretary of Defense, in a document called: "CHAIRMAN OF THE JOINT CHIEFS OF STAFF INSTRUCTION, J-3 CJCSI 3610.01A"

The video asks: "Was 911 a Conspiracy?" That is not the question. Even Bushco claims that it was a conspiracy --a conspiracy of 19 Arab Hijackers who could not possibly have pulled it off. It's a stupid theory; without the shock and awe campaign, no one would have believed it.

The questions, rather, are which conspiracy and who were the conspirators? It was Sir Arthur Conan Doyle's character Sherlock Holmes who said that when you have eliminated the impossible what remains however improbable MUST be the truth!

ADDENDUM:

There has been a spate of fallacious comments of the form: "...uh...what happened the passengers, dude?". A few points:
  1. the 'question' is, in fact, an implied statement and ASSUMES there were flights! It assumes there were passengers! If there were --in fact --passengers one would have expected to have found their names on the official autopsy report. But --alas --there are NO passenger names whatsoever! There is simply no evidence of any passengers, no evidence that any flight alleged by Bush to have crashed in either NY or the Pentagon flew at all on that fateful day! In a court, it would be said that any statement with respect to 'passengers' that 'it assumes facts NOT in evidence'!
  2. absence of evidence is not evidence in support of anything, let alone Bush's idiotic, fallacious and pernicious lie! ! The 'absence of bodies' is not evidence of a crash of any sort; only the presence of bodies traceable to the alleged flights are evidence supporting Bush's unsupportable thoery.
The only available evidence, moreover, disproves the Bushco conspiracy theory of 911. There is no evidence whatsoever that there were --at any time --any Arabs of any sort (terrorist or otherwise) on board Flight 77, a flight for which there is no evidence whatsoever.
The AFIP suggest these numbers; 189 killed, 125 worked at the Pentagon and 64 were "passengers" on the plane. The AA list only had 56 and the list just obtained has 58. They did not explain how they were able to tell "victims" bodies from "hijacker" bodies. In fact, from the beginning NO explanation has been given for the extra five suggested in news reports except that the FBI showed us the pictures to make up the difference, and that makes it so.

Now, being the trusting sort, I figured that the government would want to quickly dispel any rumors so we could get on with the chore of kicking Osama/Sadaam's butt (weren't these originally two different people?). It seemed simple to me. . .produce the names of all the bodies identified by the AFIP and compare it with the publicized list of passengers. So, I sent a Freedom of Information Act (FOIA) request to the AFIP and asked for an expedited response, because we were getting ready to send our boys to war on the pretext that Osama/Saddam had done the deed. Fourteen months later, a few US soldiers dead, many Iraqi civilians pushing up daisies, and I finally get the list. Believe me that they weren't a bit happy to give it up, and I really have no idea why they choose now to release it.

foia-10003.jpg

No Arabs wound up on the morgue slab; however, three ADDITIONAL people not listed by American Airlines sneaked in. I have seen no explanation for these extras. I did American the opportunity to "revise" their original list, but they have not responded. The new names are: Robert Ploger, Zandra Ploger, and Sandra Teague. The AFIP claims that the only "passenger" body that they were not able to identify is the toddler, Dana Falkenberg, whose parents and young sister are on the list of those identified. The satanic masterminds behind this caper may be feeling pretty smug about the perfect crime, but they have left a raft of clues tying these unfortunates together.

--Thomas R. Olmsted, M.D., Autopsy: No Arabs on Flight 77
Worth repeating and in summary:
the last known pre-9/11 flights for three of the four aircraft involved in the terrorist attacks of September 11, 2001 took place in December, 2000, nine months before the attacks.
I don't wish to belabor the point but it must be made clear that unaccounted for passengers is among the biggest holes in Bush's cover story, Bush's big, treasonous lie.

If Bush cannot explain the absence of airliner wreckage or the alleged 'missing passengers', then his official theory must be discounted as a pack of malicious, treasonous lies. It was Conan Doyle's character, Sherlock Holmes, who said: "When you have eliminated the impossible whatever remains, however implausible, must be the truth!" But, of course, finding, learning, revealing the truth was never on the Bushco agenda. Seizing unjustifiable war powers was!

The burden of proof is upon anyone believing and/or asserting that the alleged flights existed. A mass movement of Americans to include members of Congress should have insisted insisted that a Federal Prosecutor put Bush on the witness stand in front of a federal grand jury where the following question would be put to him: 'what was the fate of the passengers on flights 77 and 11?'

It would be very interesting to learn how he might escape the experience without being indicted for:
  1. PERJURY
  2. OBSTRUCTION OF JUSTICE
  3. MASS MURDER
Concerning possible charges of 'high treason' against Bush: was it not Bush who declared that we were at war? Was it not Bush and his shills who insisted that the US attack, invasion and occupation of Iraq was in response to an 'attack' upon the US? Have not Bush partisans insisted, from the 'gitgo' that the U.S. attack, invasion and occupation of Iraq was part and parcel of the US 'war on terrorism'? That being the case, Bush's complicity in the events of 911 are most certainly acts of betrayal against a sovereign in a time of war and, therefore, high treason.

Among a growing number of links back to this article is this excellent expose of the Flight 77 fraud:
According to the official story, AA Flight 77, a Boeing 757, took off from Dulles Airport in northern Virginia at 8:10 a.m. bound for Los Angeles, with between 50 and 58 passengers. It flew west for about 45 minutes, making a curious detour to the north, west and south, before turning around and flying for another 45 minutes back to Washington. Why hijackers would allow a jet which they planned to crash into a target in Washington to fly for 45 minutes away from its target is not explained. Why did they not commandeer the plane ten minutes after takeoff when the plane was only ten minutes flying time from its intended target? The official story ignores this question, as it does all other questions.

As reported by the New York Times (International Herald Tribune, 2001-10-17, p.8), as AA 77 approached the Pentagon it executed a 270-degree 7,000-foot descent over Washington while flying at 500 mph. It approached the Pentagon on a horizontal trajectory so low that it clipped the power lines across the street then (so the story goes) it smashed into an outer wall of the Pentagon.

We were told (and, of course, expected to believe without question) that this maneuver was executed by an Arab pilot, Hani Hanjour, who in August 2001 was judged by the chief flight instructor at Bowie's Maryland Freeway Airport as not having the piloting skills required to fly a Cessna 172 solo. (Is there something fishy here?)

In contrast to the attention given to the collapse of the Twin Towers, the attack on the Pentagon received little attention until in February 2002 a French website (by Thierry Meyssan) appeared which reproduced images obtained from U.S. Army websites: Hunt the Boeing! These images cast doubt upon the official story that the Pentagon was hit by a Boeing 757 jetliner. For example, here is a picture of the Pentagon crash site taken about two hours after the impact, with the fire still burning. Can you see any remains of the approximately 100 tons of metal (including engines, wings, and tail section) which makes up a Boeing 757? ...

--Pentagon Official Story Hoax

Following is a reader's playlist. I recommend it.


September Clues
Or --How to Fake a Terrorist Attack with an off-the-shelf video editing suite, a sound effects library, some audio samples and an utter lack of conscience or humanity!

911: Inside Job!

Additional resources:

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Saturday, January 21, 2012

Deceptive, Dubious and Dishonest Origins of Corporate Personhood

by Len Hart, The Existentialist Cowboy

The origins of 'corporate personhood' are dubious, suspicious! 'Corporate personhood' derived from an informal note from a CLERK:
"The defendant Corporations are persons within the intent of the clause in section 1 of the Fourteenth Amendment to the Constitution of the United States, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws."
There are many things wrong with this statement and as many things are wrong with basing a SCOTUS decision upon such a flimsy rationale! One senses 'desperation' at work. Failing an authoritative sources --say --the U.S. Constitution or previous decisions of the high court, the five desperadoes, otherwise disguised as 'justices' seize upon anything that sounds good. Scalia is expert at this.

If this is the basis for SCOTUS's 'corporate personhood' decree then we must conclude that the valid opinions of real jurists, past courts, several hundred years of jurisprudential traditions dating back to MAGNA CARTA mean nothing to Scalia! In better times, Scalia would have been called out, challenged, tarred, perhaps feathered, made to squawk while flapping arms.

Five republicans on SCOTUS have nothing but contempt for the concept of 'equal protection under the law' guaranteed to all citizens via the 14th Amendment'. They are contemptuous of the Bill of Rights in general.
‎"Of the cases in this court in which the 14th Amendment was applied during its first fifty years after its adoption, less than one half of one percent invoked it in protection of the Negro race, and more than fifty percent asked that its benefits be extended to corporations"
---Justice Hugo Black 1938*
The Fourteenth Amendment was one of three amendments to the Constitution adopted after the Civil War to guarantee black rights. The Thirteenth Amendment abolished slavery, the Fourteenth granted citizenship to people once enslaved, and the Fifteenth guaranteed black men the right to vote. The Fourteenth Amendment was passed by Congress in June 1866 and ratified by the states in 1868. The Radical Republicans had been battling with Andrew Johnson for control of Reconstruction. Johnson was in favor of leaving the future of black people in the hands of white Southerners.
The Radical Republicans disagreed, and they won. The amendment was designed to grant citizenship to and protect the civil liberties of recently freed slaves. It did this by granting citizenship to anyone born in the United States and prohibiting states from denying or abridging the privileges or immunities of citizens of the U.S., depriving any person of his life, liberty, or property without due process of law, or denying to any person within their jurisdiction the equal protection of the laws. ("No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.") With the exception of Tennessee, the Southern states refused to ratify the Fourteenth Amendment. The Republicans then passed the Reconstruction Act of 1867, which set the conditions the Southern states had to accept before they could be readmitted to the union, including ratification of the 14th Amendment.

Since Reconstruction, the Fourteenth Amendment -- especially the equal protection clause -- has been applied to a number of cases. It emerged in the famous Brown v. Board of Education of Topeka when the United States Supreme Court used the Fourteenth Amendment as one of its rationales for declaring school segregation unconstitutional.
--Why the progress made by blacks during Reconstruction was seen as a threat by whites, Richard Wormser
In 1971, the Supreme Court heard arguments in the case of Reed v. Reed. Sally Reed had sued when Idaho law presumed that her estranged husband should be automatically selected as executor of the estate of their son, who had died without naming an executor. The Idaho law stated that "males must be preferred to females" in choosing estate administrators.

The Supreme Court, in an opinion written by Chief Justice Warren E. Burger, decided that the Fourteenth Amendment did prohibit such unequal treatment on the basis of sex -- the first US Supreme Court decision to apply the Fourteenth Amendment's equal protection clause to gender or sexual distinctions. Later cases have refined the application of the Fourteenth Amendment to sex discrimination, but it was more than 100 years after passage of the Fourteenth Amendment before it was applied to women's rights.

--Jone Johnson Lewis, Women's Rights and the Fourteenth Amendment - Finally Applied, Reed v. Reed and Roe v. Wade, Findlaw


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Saturday, January 14, 2012

Support the Proposed Amendment that Would ABOLISH 'Corporate Personhood'

by Len Hart, The Existentialist Cowboy

I fully support a movement to enact a 28th amendment to the U.S. Constitution that rejects and will undo the recent SCOTUS decision 'creating people' of mere 'legal abstractions'. The idea that corporations ---mere legal abstractions --are people is insidious and endangers American Democracy. While 'real people' are held to the letter of the law and often imprisoned for wrong doing, the very purpose of 'corporate personhood' has had the effect, in practice, of placing 'corporations' above-the-law.

A proposed amendment would reverse the decision of the high court with respect to Citizens United v. Federal Election Commission. In a 5-to-4 vote, SCOTUS 'created' real people of mere corporations declaring that corporations have, among every Constitutional right, a right of 'free speech' under the First Amendment. It was declared that the government may not 'impose restrictions' on the political speech that corporations may indulge. As a result, corporations and other special interest groups are now given license to spend "unlimited amounts of money on elections." It was a green light to corporations: buy and/or support any candidate with as much money as you want to spend! The decision could not have been a bigger afront to Democracy, i.e, government of the people. Free speech is a right of people as affirmed by our founders. That corporations may now claim that right is simply fascism. Pure and simple!

The ORIGIN of 'corporate personhood' is found in an informal note from a CLERK: "The defendant Corporations are persons within the intent of the clause in section 1 of the Fourteenth Amendment to the Constitution of the United States, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws."

The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws." Prior to this mere clerk's mere note, NO ONE had believed that the 14th amendment applied to anyone but real people. Nor does it now! Scalia's court blew it again! If Scalia had a last remaining vestige of conscience, he would confess that he 1) blew it; 2) admit that he is a bought and paid for tool; 3) RESIGN!


Media Conglomerates, Mergers, Concentration of Ownership, Global Issues, Updated: January 02, 2009

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Wednesday, January 04, 2012

The New Age of 'Elites', 'Robber Barons' and 'Social Darwinists'

by Len Hart, The Existentialist Cowboy

Darwinism is correct. Social Darwinism is utter bunkum. Not surprisingly, the American right-wing despises Darwinism but, inexplicably, embraces Social Darwinism with messianic ferver.

Social Darwinism is at the very root of an impending economic collapse but it won't be the best or brightest who emerge unscathed on the other side! Social Darwinism is the survival of the most ruthless. Real Darwinism is reviled because it disproves the lies the rich tell themselves to help them sleep at night.

The right wing benefits when issues are obscured and when enough dust is kicked up by "intelligent design" to obscure the real issues and various strawmen to boot.

Simply, Social Darwinism does not follow from "Darwinism" and, worse, it attributes to Darwin positions he never took. The term "survival of the fittest" was never used by Darwin. It has been variously attributed, but Hofstadter traces the phrase to 19th Century American robber barons, rail road men making fortunes connecting one coast with another.
Railroad executive Chauncy Depew asserted that the guests of the great dinners and public banquets of New York City represented the survival of the fittest of all who came in search of fortune. They were the ones with superior abilities. Likewise railroad magnate James J. Hill defended the railroad companies by saying their fortunes were determined according to the law of survival of the fittest.

—Hofstadter, Richard; 1959; Social Darwinism in American Thought, Braziller; New York.
These were most certainly the 'robber barons' who wished to be photographed wearing laurel wreaths, pretending to be emperors.

Elsewhere, the term is attributed to Herbert Spencer who inspired a generation of radicalized, latter-day robber barons. Few of them evinced the "...quality of mercy" so immortalized with but a few words by Shakespeare --'The quality of mercy is not strain'd, It droppeth as the gentle rain from heaven". By contrast ...
[Herbert] Spencer said that diseases "are among the penalties Nature has attached to ignorance and imbecility, and should not, therefore, be tampered with." He even faulted private organizations like the National Society for the Prevention of Cruelty to Children because they encouraged legislation.

Social Darwinism and American Laissez-faire Capitalism
A fallacious corollary to "Social Darwinism" is often phrased this way: the rich are rich because they are better, work harder and are more intelligent. George W. Bush put it more crudely: “The poor are poor because they are lazy!” So --why was Bush Jr not poor?

In the same vein, the conservative economist Joseph A. Schumpeter likened recessions to a "cold douche". One wonders: who is "douched" and how? More importantly: who decides who gets 'douched'? Who decided that New Orleans would be left to its fate and the goons of Blackwater?

Currently, the nation faces economic calamity. However fallaciously, you can be sure that the right wing will not only benefit from the misfortunes of millions, they will try to figure out a way to blame them. It's the right wing way. But it's wrong!

Spencer believed that because society was evolving, government intervention ought to be minimal in social and political life. It didn't matter to Spencer that government is but a function, indeed, a creation of society and responsible to it. Seen in that light, efforts by privilege to blame the poor for their own rapacious and often dishonest or incompetent behaviors are absurd. Nevertheless, American capitalism remains greatly influenced by Spencer. The 'model' is still found in textbooks for Economics 101. It describes an ideal of American capitalism --“rational man” making rational decisions in a free and --presumably --rational market. But, in practice, economic decisions may or may not be rational and the free market exists only hypothetically. The market has been anything but rational.

Because the 'theories' of Spencer and, earlier, Adam Smith, often stress the 'practical', it is forgotten that Spencer and Smith were, themselves, 'theorists'. Every model we make of the world of sense experience is 'theoretical' by definition. The word "theory" is either misunderstood by the right wing or deliberately perverted for the propaganda value.

The word 'theory' is wrongly used as a pejorative. The right wing is inconsistent. 'Theories' from Spencer and, more recently, Milton Friedman or Arthur Laffer are are conveniently ignored or praised while 'theories' from everyone else are 'mere theory'. Last time I checked, 'right wing theories' were still 'theories' though most often and in reality they are simply frauds, lies, scams and 'white collar heists'.

Having waged war on the word "theory", the right wing likes to couple it with another word similarly victimized by right wing propaganda. That word is "conspiracy" --a perfectly good word, in fact, a legal term about which there is a venerable body of case law, thousands of SCOTUS decisions and some 400 years of common law. See: Findlaw or Cornell University Law Library online. Given techniques perfected by Herr Goebbels for Adolph Hitler, the combination of "conspiracy" and "theory" is lethal. The loss of these words to an adult vocabulary cripples the thought process itself, indeed, intellectual endeavor of any sort.

It must be noted that every great scientist was or is a theorist. Einstein was a "theorist" and so was Newton, so too Darwin. So, too, Watson and Crick. Too much is made of 'right' and 'wrong'. It is a mistake to conclude, for example, that Einstein 'replaced' Newton. In fact, Einstein rests upon Newton's shoulders. Einstein is Newton from another angle. Einstein may be thought of as the hypothesis that Newton himself refused to make. [See: The Man Who Changed the Universe] Einstein does not refute Newton, he enlarges upon both Newton and Galileo. Galileo's equations describing the acceleration of falling bodies describes the very curvature of space-time.

Einstein has been confirmed no more times than Darwin; Newton is close enough for mundane applications or "government work" and Einstein will one day help us navigate the galaxy. Significantly, neither "theory" has been challenged in court —though both theories may very well be replaced one day by a "theory of everything", a TOE.

Only theories not liked by the right wing wind up in court, an absurd place to settle questions of science in any case. Law courts are inadequate to decide questions better resolved by observation and experiment, not rhetoric or case law. See: Darrow, Darwin & Dayton, the video at the end of this article.

There is a political agenda and a constituency behind the campaign of attacks on Darwinism. This constituency supports Intelligent Design for the same reasons the great rail road robber barons found support in the work of Herbert Spencer. The continued economic superiority of an entire class depends upon the widespread public acceptance of religious and/or ideological views which justify the existence of 'superior status'. Hitler, likewise, found in pseudo-science and mythology much justification for his anti-semitic crusades, his campaign of genocides, his wars of naked aggression.

Theories are often never of a final form —nor should they be! Unlike ideology, real science is self-correcting as new facts emerge from research. Darwin's theories were not only confirmed by Mendel, they accommodated Mendel which, in turn, strengthened Darwin. The science of genetics and the discovery of "mutations" confirm Darwin beyond any reasonable doubt. Every cowboy knows the truth of Darwin if he's never heard of him: "Never kill a slow roach; you just improve the breed!" As succinct a description of natural selection as I've ever heard. Likewise, every farmer who has bred for specific traits knows the truth of Darwin.

Future discoveries, like those of Mendel, may modify our views of Darwin, but will not discount them. Our view of Einstein is already modified but he is confirmed in many ways, notably at Alamogordo, Hiroshima, and Nagasaki. Light, indeed, bends around stars and other 'gravity lenses', time slows at near light speeds, space-time is a four dimensional continuum. More to the point, no one has ever sued because Einstein's theories were odds with a particular dogma or a political agenda. The right wing's disingenuous position is analogous to that of the Pope who forced Galileo to recant. I was critical of Ron Paul because his economic thinking was stuck in the 19th Century. The right wing generally, however, is stuck in the 17th.

It is certain that no future discovery will confirm "intelligent design", meaningless word play beyond any confirmation of any kind! Theories explain "facts" but facts can often confirm good theories as "fact”, just as facts have tended to confirm both Darwin and Einstein. By definition, doggerel is beyond confirmation of any kind. A.J. Ayer defined 'meaning' itself as that property of a 'sentence' that makes it subject to empirical confirmation. The theoretical core of ID is not meaningful and most certainly not of a type that would have been recognized by the philosophers upon whom Western Civilization is based.

Intelligent design is of a religious nature and people have a right to believe it. Treating Intelligent design as science is dishonest. As science, ID raises more questions than it explains. Most obviously: who designed the designer? ID assumes a designer to 'explain' creation but cites 'creation' to prove the existence of a designer. This is the classic circulus en probando fallacy.

People are free to believe fallacies, but they must not be free to impose them upon other people —especially at tax payer expense! A fact, for example, is the equation describing the acceleration of falling objects; examples of theory are both the Newtonian and the Einsteinian view of "gravitation" —seen differently by both. The entire science of genetics confirms Darwin who, interestingly, did not have the benefit of Mendel's research when he wrote Origin of the Species and the The Descent of Man. It was Mendel's research that described the very mechanism by which Darwin’s “traits” are passed on to succeeding generations. Accurate predictions are, in themselves, evidence in support of theories. [See: Evolution in Action, Julian Huxley]

Critics of Darwin have said that no one has yet produced an entirely new specie by selection. But they have indeed done just that! Consider wheat! Wheat does not grow in the wild. Related to ancient grasses, wheat is clearly the result of an ancient application of "artificial selection." Had wheat evolved naturally, it would be found growing wild like prairie grass. But it didn't and isn't.

Social Darwinism has harmed mankind. It rationalizes and justifies the perpetual and deliberate impoverishment of large segments of our society. The GOP will support this as a matter of policy so long as someone like Ronald Reagan can, nevertheless, make them "feel good about themselves". It is bad enough that this callous disregard for human life is fallaciously and insidiously associated with Darwin. That it is also a bald-face lie, a misstatement of Darwin, is unconscionable. We have thus reduced the philosophical basis for the American right wing to a single line from one of the world's great writers, Charles Dickens, whose character, Scrooge, epitomizes the American right wing
"Are there no workhouses? Are there no prisons...then let them die and decrease the surplus population."

—Scrooge, A Christmas Carol


Darwin, Darrow and Dayton




Frankenstein

Media Conglomerates, Mergers, Concentration of Ownership, Global Issues, Updated: January 02, 2009

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Tuesday, December 20, 2011

Why the U.S. is No Longer a Productive Nation

by Len Hart, The Existentialist Cowboy

The decline of the U.S. as a net exporting nation is the inevitable result of the growing, yawning gulf between rich and poor. A nation cannot be productive if it has failed to invest its wealth in the creation of jobs.

It is, at last, 'labor' which creates wealth to begin with. Since Adam Smith wrote 'The Wealth of Nations', every major economist --right or left --has espoused a 'labor theory of value', i.e, 'value' (wealth) is created by labor and is the result of labor. A nation in which wealth is concentrated in the hands of a ruling elite of just 1 percent cannot be productive or efficient. Today --the U.S. is literally owned by China which occupies the No 1 position on the CIA's World Fact Book with the world's largest POSITIVE Current Acct Balance. The U.S. is on the very bottom of that list with the World's largest NEGATIVE Current Account Balance, formerly called the Balance of Trade Deficit.

To make this clear --China makes its living by manufacturing and selling that product to the United States. The U.S., by contrast, is on bottom because U.S. manufacturing of cars, appliances, electronics et al no longer competes. Entire industries have ceased to exist in America. Detroit is a specimen to be studied.

An aside: the right wing recently tried to blame 'Muslims' for the fall of Detroit. Total BS! Muslims had no more to do with the fall of Detroit than did Christians the fall of Rome. The fall of Detroit is the result of stupid/incompetent policies put into effect by Ronald Reagan and his idiot disciple ---George H.W. Bush. It was under Reagan, that the long and depressing decline of America began.

The vast gulf between rich and poor in America is a fairly recent development, a product of the 'robber baron' era. Even so --FDR reversed those trends and the official stats prove it. The Great Depression had been both the result and the symptom of absurd inequities associated with and caused by the era of Robber Barons. It was preceded by three very conservative, very Republican administrations --Coolidge, Harding and Hoover.

An expanding economy, that is, an economy that creates wealth and jobs requires a more egalitarian distribution of wealth. Otherwise --to whom will manufacturers sell? A prosperous middle class is absolutely essential to 1) GDP growth 2) retail sales. An impoverished population will buy increasingly fewer luxury items; an impoverished population will struggle to maintain the very basics --food and shelter.

A nation in which just 1 percent owns more than the remaining 99 percent is an economy on the very brink of collapse. It has happened many times in the past. The best example is Rome. Like the U.S. today, Rome was a teeming city of the very, very poor. Many were refugees from nations that had been conquered by Rome. Like the U.S. today, the currency of Rome --the sesterces --was essentially worthless, a mere 'token' that would admit you to the Gladiator 'games' in the Coliseum.

By impoverishing the U.S. middle class, the GOP capitulated to China which found --in GOP America --a market for its cheap crap. The PRICE of that 'crap' is not found on the label or the check out counter. It is found in the GOP destruction of the American labor movement, American productivity, the American 'standard of living', and, of course, our very futures.

The GOP is NOT a political party. It is a coven of kooky cultists who sold us ALL out to China and the Military-Industrial Complex which orchestrates our LAST REMAINING EXPORTS ---death and destruction.


Media Conglomerates, Mergers, Concentration of Ownership, Global Issues, Updated: January 02, 2009

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