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Comment Re:Constitutionality (Score 1) 398

If the citizens cared, any number of means could be provided. But frankly, no one cares. The number of people I have met who actually know what the constitution says is appallingly small. We live in a corporate oligarchy inside a banana dictatorship shell, in the main populated with ignorant couch potatoes.

except for the part where legislators that pass unconstitutional laws are punished

Yeah... the part that might have made it work. :/ Instead, they just arrogated article 5 powers unto themselves, also without oversight (and they have used that freedom from oversight to outright ignore the constitution over and over again.)

You notice how laws have consequences? And that's the basis, we hope anyway, for people to obey them even if they'd like to disobey? Notice that the laws, supposedly the highest in the land, in the constitution have zero punishment / teeth? You know why that was? Because people were expected to act with honor in public service. Good grief, what an error that was.

Comment Death by Pot (Score 1) 398

There are only three ways you can easily kill someone with pot.

First, put them in jail. Rape and murder are potential outcomes. Then, once released as a felon, suicide may get them when they find the doors of (legal) opportunity have closed and they are permanently ranked lowest-class-irredeemable by society's permanent retribution stick. Finally, if they try to make it in the underground economy, the system will likely get another whack at them in its rape-and-murder parlors. Also, as the government has created a violent black market in pot with its laws, competition in the underground economy is also a potential source of death.

Second, stuff enough pot into their windpipe to completely block their breathing. That'll do it.

Third, drop a 100 kg bale of pot on their head from about 100 meters above. That'll do it pretty much every time. See? Pot can be dangerous.

There are other ways, but they are more difficult to set up and generally require many bales of pot and restraint of the victim.

Comment Not a good reason (Score 1) 398

That is NOT the responsibility of the individual. It is the responsibility of the legislature that decided they were going to pay for it. The taxpayers have recourse, too -- tell their legislators they don't accept paying for it. If enough do so, it'll stop. You see the government paying for housing for those the taxpayers are happy to see living under a bridge? No. Think about it.

On the other hand, if the representatives get the message that we're compassionate enough to offer to help those who want to be helped? Well then, that's how it'll go. And of course, there is some small chance that private charity will address a problem. Very small.

It still doesn't give anyone the right to tell another person what to do, or not do, with their own body or those of others who consent (and even if you try to arrogate such a right, you will inevitably find that it won't "take." Witness the failure of prohibition and the drug war and the sex worker / sex client war and the pro-heterosexuality war and slavery.)

These things have two obvious things in common: First, the laws themselves, far more than the things they make illegal, cause immense harm. The second is that they make legislators look incredibly stupid in front of anyone who can think their way out of a paper bag. The former is a damned shame. The latter, I'm afraid, we already had ample proof of.

Comment Neck deep in bananas (Score 1) 398

If the judiciary has the power to consider cases and controversies arising under the Constitution (this is spelled out in Article III, so I don't think you can dispute that it has such power) then how do you purpose that it exercise such power?

Just the way a circuit judge exercises the power of laws at his/her level: By enforcing them. Not by re-defining or ignoring for some trumped-up "cause."

INTRASTATE commerce. Make NO law. shall NOT infringe. ...powers not assigned here SHALL go to the states. NO ex post facto laws, state OR federal. Warrant REQUIRED. And so on. Where's the (honest) controversy? This stuff is forbidden, plain and simple, and any time it comes up, and I mean *any* time, the whole thing is an exercise in constitutional violation and unauthorized use, or attempted use, of power.

The constitution wasn't written for sophist lawyers to dance on the head of a pin. It was written to restrict and define the role of government in plain English, by and for the citizens. Step outside that, it's not government -- it's just a banana dictatorship -- "because the government says so." Yeah, we're neck deep in this crap and sinking fast, but that does not, and never will, make it right.

Comment Constitutionality (Score 1) 398

Congress passes a law, the President signs it, some aggrieved third party says it's unconstitutional. Exactly who do you think should review said law and make the final determination?

Congress shall make no law. Congress makes a law. We should send the congresspersons home and tear the law up. No third party required. No delay required. No court required.

[thing] shall not be infringed upon. Congress makes a law that infringes. We should send the congresspersons home and tear the law up. No third party required. No delay required. No court required.

All other rights and powers go to the states. Congress makes a law that takes some of those powers unto itself. We should send the congresspersons home and tear the law up. No third party required. No delay required. No court required.

Congress nor states may make ex post facto laws. They make ex post facto laws. We should send the makers home and tear the laws up. No third party required. No delay required. No court required.

Search and seizure may not be pursued without probable cause, supported by oath or affirmation, which allows a judge to choose to issue a warrant, which in turn must specify the things to be searched for and the place(s) to be searched. Congress or a state (or a TLA, effectively) makes a law that breaks this chain: We should send the makers/breakers home and tear the law/rule up. No third party required. No delay required. No court required.

Authority? The US constitution, which lays out the limits of government, barring use of article five. As these people are all obviously in violation of the limits, they are no longer qualified to be a part of it, and sending them home amounts to no more than the courtesy of paying for their ticket. They clearly didn't belong where they were.

Comment How did the henhouse get raided? (Score 1) 398

Well, the Supreme Court also said that the Supreme Court gets to decide the Constitutionality of laws, even though that power isn't assigned to them in the Constitution.

Can you imagine what rules the fox would put in place, given the authority to guard the henhouse?

Welcome to how the US government operates, in direct opposition to article five. Article three does not assign article five powers, or anything remotely resembling them, to the judiciary.

Any legislation or ruling contrary to the constitution is unauthorized use of power by definition. There's a great deal of it. A good argument can be made that our government is pathologically out of control based on this alone.

Comment Re:FFS (Score 1) 398

A society that coldly ignores drug addicts would seem sociopathic. Is that possible?

Why would you consider it in the least unlikely? Here in the USA, our laws and social nets routinely ignore (I"m sorry, I meant "tacitly encourage") rape and murder in our prisons, people's consensual sexual choices, people living under bridges (hell, it forces them to live under bridges), their need for healthcare...

I don't know what makes you think it's some kind of unthinkable step to ignore someone with a drug problem. Right now our "solution" is to jail them, declare them a felon, and ruin their future. Big step to saying "you took it, you deal with it"? Perhaps. But in the direction of kindness instead of worse.

Comment Re:Actually, ADM Rogers doesn't "want" that at all (Score 1) 406

does this fact put those communications off limits?

If those communications are within areas governed by US law, then yes, it does, barring completion of the steps specified in the 4th amendment. Which, if you actually have evidence of wrongdoing, should not prove in any way inconvenient.

No government agency deserves immunity from the very constitutional provisions that authorize their existence. None ever will. Yes, this entails risk. We know. That's not sufficient justification to let the government off the leash the constitution defines.

Comment Fundamentally unconstitutional (Score 1) 406

then you should support the abilities of one of the strongest powers in the world at actually, materially, and in reality (not in your little internet fantasy) of actually protecting and projecting those ideals.

The US constitution is the document that authorizes our form of government. Even a cursory reading of it reveals that it spends a great deal of time restricting government action. Given that this is the case, it must (and of course does) follow that there was a perceived risk deemed significant enough to guide the construction of the document, that risk being the government acting in such a way as to compromise the citizens.

Further, again without much effort, we can see that the restrictions implemented at times actively disadvantage the government. The 4th amendment is a poster child for this; it would, of course, be much more convenient for law enforcement if searching any venue they wanted, any time they wanted, for anything they might happen to find, was ok. But all three are disallowed: Warrants are required, specifying where to search, what to search for, and the prior existence of a reason (probable cause indicative of wrongdoing) for the search.

This is the source of those "self-styled internet tech-libertarians" ideas that the government should not have everything easy, no matter what justifications they might bring to the table today. The document that served (and serves) as the very foundation of this country does not agree with your "you should support" assertion, and it does agree with those "self-styled internet tech-libertarians."

Indirectly related to all this is the pervasiveness of blatent agitprop put forth by the government regarding the risks of terrorism within our borders (slim... getting hit by lightning is much more likely) and the risks operations like ISIS pose to the US (almost none... certainly nothing that justifies paying them any attention at all, much less getting unconstitutionally invasive within our borders.)

Finally, as US law extends exactly zero distance within the borders of, and the communications mechanisms of, other countries, what the NSA and other TLAs do in those venues is pretty much irrelevant, legally speaking, except when it touches upon a US citizen or breaks a treaty to which we are signatory. There's no need to ask for powers out there; there's no significant limit on such activity that we didn't sign up to on our own. There's no premise that provides for search or seizure of anything within the US without a warrant pendant upon probable cause, supported by oath or affirmation.

It's worth examining the role of the oath there as well. At the time, a person's word was the foundation of their reputation. An oath was something given when even the most awful circumstances would not disrupt the giver's honor. Should someone's oath be found wanting, their reputation was destroyed, and likely, permanently. This is the source of requiring an oath before a warrant could be issued: if the assertion of criminality was found to be incorrect, the oath-giver, a person directly responsible in the chain of warrant issuance, was harmed deeply by the utter destruction of anyone's ability to trust them -- and you could be sure the falsely accused would see that it is so.

So we can see that the government's ability to search and seize was not only restricted by procedure, but also by the willingness of a citizen to destroy themselves should the undertaking prove fruitless. The authors of the constitution really didn't want the government searching and seizing "just because it wanted to." You'll also note there are absolutely no exceptions made for constructions like "national security", "public safety", "the children" or "moral decency." The whole and entire premise that any part or parcel of search and seizure of anything within our borders should be at the government's ultimate discretion is utter claptrap made up by, and for the benefit of, the power structure.

Those are the ideals you should be protecting and projecting.

TL;DR: If the constitution says no, the answer is no until or unless the procedures specified in article five are used to change what the constitution says. Neither congress, nor SCOTUS, nor the executive, nor any TLA can implement a valid law, rule, or other form of coercion, direct or indirect, that does so. These entities can -- and do -- misuse their power to illegally impose their unauthorized will upon the citizenry -- but those same "self-styled internet tech-libertarians" will be right there to point it out to the uninformed (the majority, sadly) and the sycophants each and every time the knowledge becomes public.

Comment Definitely not censorship (Score 2, Insightful) 285

You bet it's censorship.

No, it's not censorship. Censorship is the government controlling your actions by coercion, the threat of using force against you.

This may be a business taking a position that they know better than you what is good for their bottom line; in that case, it most likely represents a balance defined by the clients of the business, with the business betting that more clients will be pleased by this than displeased. Alternatively, it may simply be an artifact of someone powerful relative to the business's control who is imposing their morality upon all of the business's customers. In either case, the affected users can take their business elsewhere to a platform that does not impose moral restrictions upon them.

When the US government censors, it is almost impossible to stand against it effectively. Particularly as it often is finally determined by non-elected actors, such as the FCC and SCOTUS, both of whom have demonstrated outright contempt for the US constitution.

When a business imposes "mommying", for whatever reason, all you have to do is stop using their product and (a) you have done them a small, but real, bit of actual damage, and (b) you can return to operating as you please via no more effort than selecting a more open platform.

The bottom line is that there is a world of difference between a private entity insisting on bounds within a limited space, real or virtual, that they legitimately control, the maximum end result being that you don't get to use a space you didn't have any rights to in the first place if you insist on your position; and a government enforcing bounds everywhere using violence, where insisting on your position can lead to anything from a monetary fine to your rape and/or death within the prison system.

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