Help A Drowning Man

phil

I am awash in a sea of bad information. How did this happen? I’ve spent too much time in the ocean of social media where information is plentiful, but accuracy is sacrificed for speed and volume. How does this happen? The easy answer, of course, is that people are idiots. This knee jerk response is just as flawed as the flotsam vomited out on social media even as you read this. People love outrage. More precisely, they love to be outraged. This is especially true when politics and religion are involved. This causes otherwise intelligent and thoughtful folks to randomly post thoughts, memes and links which are related to reality only by the thin thread of having originated from someone’s mind.

Another answer might be that I spend too much time on social media and should do something else like a read book.  No thank you, Egg Head.  That ain’t happening.  We need to work together.

Phil Robertson is now the millstone around my neck.  If you don’t know who Phil is, then good for you.  You aren’t into social media and perhaps spend your time writing poetry.  If so, you’re probably not reading this anyway. Phil is a “reality TV” star.  His show, Duck Dynasty, is entertaining.  It certainly seems scripted to me, but what do I know?  Perhaps Phil and his family became multi-millionaires while bumbling about like…well…reality TV stars.

I won’t rehash what Phil did.  There’s no point in doing so.  He said things that pissed people off or made people happy.  Outrage ensued.  Many folks–again, otherwise intelligent–have risen to his defense by citing his right to “free speech.”  One poster on Facebook said “What the hell happened to free speech in this country?” The answer is nothing, because Phil’s opinions have nothing to do with free speech.  “But, but, but…he got FIRED!!”  You are correct.  He did get fired.  Free speech, unfortunately, doesn’t prevent that.  “YES, IT DOES!” you screamLet’s read the First Amendment of the United States Constitution:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

[Note how I helpfully highlighted the part about “Congress.”]   Congress has made no law regarding speech which affects Phil at all.  In fact, no government official has done anything to Phil.  Maybe you love what he said about gay people and African-Americans.  If so, you have found some common ground with radical Islam.  Maybe you’re a Libertarian sort who supports everyone’s right to speak his or her mind. I really don’t care.   But, let’s all agree to never invoke the First Amendment again on this issue.  We’ll all feel better.  I know I do.  Thanks.

It’s not only the plain language of our Constitution which cause confusion.  Easily verified claims also drive us to hysteria.  Here’s a favorite example. Occasionally, a meme makes the rounds about Presidential and Congressional pensions. It reads:

WAGES

Salary of retired US Presidents……………………….$450,000 FOR LIFE

Salary of House/Senate members……………………$174,000 FOR LIFE

Salary of Speaker of the House……………………….$223,500 FOR LIFE

Salary of Majority/Minority Leaders………………….$194,400 FOR LIFE

Average salary of a soldier DEPLOYED IN AFGHANISTAN ……$38,000

Average income for Seniors on Social Security …………………$12,000

I think we found where the cuts should be made! If you agree, pass it on!

Aren’t you outraged?  This is patently insane.  Why would these people get paid for life!?!?!  What kind of country do we live in?  That’s a valid question but not because of this.  The above information–while outrageous–is incorrect in almost every way. None of these people–not even the President–gets full salary for life. It simply is not true. Does this stop folks from being outraged about it? Of course not. Variations of this meme have been posted many times on social media.  The comments are fairly frothing with their condemnation.   Here’s my suggestion:  When you see something that is so inane as to make you want to immediately post it on Facebook, Twitter and Instagram, stop and think.  Since you’re probably on the Internet at the time, do a simple search.  Check the facts.  You’ll be amazed how easy it is to confirm or counter such things.  Again, we’ll all be better for it, and you won’t look like an uninformed ass.

Then there are the half-truths, those items of interest based in reality but twisted into something sort of whole truth.  Here’s a meme making the rounds:

veterans

The House of Representatives passed a budget bill cutting pensions for veterans.  (Not “Veteran’s”).   That much is true.  The reduction is actually a reduction of the cost of living increase for certain pensions.  It’s what I call a “Government Cut.”  A “private cut” is where you make less money next year than you made this year.  It only applies to certain veterans–ones deemed young enough to re-enter the work force.  Now, don’t get me wrong.  This seems like a bad idea.  We’ve worn out our military with endless wars.  The least we could do is leave their pensions alone.  On the other hand, don’t worry about veterans actually getting a cut in their pensions.  The private sector, where there are no pensions anymore, is the only place that happens.

This is a prime example of excellent propaganda. Take a grain of truth, twist into something outrageous and scare everyone. Remember that Hitler got elected by scaring the hell out of people. There’s a reason he had a Ministry of Propaganda.  It works.

Finally, there are those debates that rage over opinions.  Most of these involve politics or religion–two topics which civilized people never discuss.  Bear this in mind:  There are two sides or more to each such debate:

  • Obamacare:  POINT–The program is already failing and far too expensive for the country to afford.  Socialized medicine will lead to reduced services for everyone.  COUNTERPOINT–It’s the law.  Give it time, and the kinks will get worked out.  If socialized medicine is so horrible, why do we provide it to our military veterans.  Wouldn’t they be better off buying their healthcare in the market?
  • Phil Robertson:  POINT–He’s free to speak his mind and express his faith.  Leave him alone.  COUNTERPOINT–People are also free to be offended by his comments.  We don’t have to leave him alone.
  • NSA: POINT–The Government is only gathering data. They have no way to do anything with it. COUNTERPOINT: Yet. There is nothing more un-American than spying on your citizenry.
  • TAXES: POINT–Let’s raise taxes on the highest earners. This would quickly fix all our fiscal problems. COUNTERPOINT–Our government has a history of spending every penny it brings in–and more. Until we fix that, more revenue won’t help.

These few examples show how it works. There are two sides to all theses issues. It just depends on your political prism.

Of course, acknowledging differing opinions isn’t our way. God forbid that we be asked to actually respect another’s views.  We prefer to be right.  In fact, we demand it, even when we are wrong.  I am fortunate to have friends from all walks of life.  Their politics range from Left-leaning Communists to budding Neo-Nazis.  The Right’s take on current events is a combination of moral outrage, moral superiority (always Christian), the U.S. Constitution  (if you don’t like something, it’s unconstitutional) and some nostalgia (such things as whipping children are fondly recalled).  The support Republicans and like all Ayn Rand quotes.  The Left approaches these issues from a different angle, of course.  They are intellectual titans ready to make fun of religion (always Christianity.  They don’t say anything about Islam, Judaism, et al.), cite obscure authors, and engage in relentless name-calling often involving obscene language.  They support Democrats and love to quote Barack Obama, Mahatma Ghandi and hate all Ayn Rand quotes, even though most of them are atheists like Rand.

Here is a typical social media exchange regarding Mr. Robertson, who has eclipsed war, world hunger and random violence as the issue of the day:

  • Original Post:  I stand with Phil!  The Bible says that we will be persecuted for Him! Christians have freedom of speech, too!  Our country is being destroyed!  I will never watch TV again!

[See how our friend has concisely encompassed the significant elements of right-wing rage.  The Bible, persecution, morality, patriotism and broad and incorrect legal principles.]

A response from the Left naturally flows:

  • Comment:  You can stand with that bigoted, homophobic, racist if you like.  I have never seen his show.  In fact, I do not own a television having traded mine for a Navajo Dream Catcher.  Freedom of speech is not an issue here–offensive, racist, homophobic rhetoric is.  The Bible supports all manner of prejudice.  I suggest you read the collected works of Bertrand Russell instead.

[Our Leftist chum has countered with his own salvo.  He engages in name calling that far exceeds anything Mr. Robinson has done but does so from a perch of intellectual superiority. He is above mere TV watching.  He concludes his concise commentary by inferring that atheist mathematician/philosopher Bertrand Russell is a better source for moral guidance than the Holy Bible. Well done.]

This exchange will continue with many additional posts by these and other commentators.  The Right will contend they are right because, well, they are right…or Right.  The Left will froth and name-call, even resorting to the use of vulgarities to make their points.  Ultimately, no one makes any sense and everyone is angry.

I’m embarrassed to admit that I have engaged in this foolishness on occasion, especially when legal principles are misstated.  I forget my advantages in this regard:  1) I have actually read the Constitution; and 2) I graduated from law school.  I, too, have been called names.  One Lefty even called me a racist for correctly noting that the ubiquitous George Zimmerman is Hispanic.  I countered with own my stream of obscenities.  It’s easy to fall into this trap.  I do not judge.

Let’s all commit to work as one to make all this easier for me.  After all, wouldn’t the world be a better place if things suited me?  Don’t be a racist, homophobic, liberal, conservative, Communistic Neo-Nazi, Bible-thumping Atheist.

©thetrivialtroll.wordpress.com 2013

Become a Constitutional Expert

People nowadays love to talk about the “Constitution.”  Of course, I mean the United States Constitution.  Here in Kentucky, we don’t talk much about the state constitution, except when we want to amend it for things like gambling and eliminating the Railroad Commissioner.  The US Constitution is all the rage, though.  It wasn’t always that way.  Twenty or thirty years ago, you rarely heard people debating it, but they do now.  I suspect that’s a good thing.

I’m lawyer, but I’m not a constitutional law expert.  I don’t know anyone who is.  Now, I do know lawyers who are skilled in certain areas like criminal procedure and civil rights.  They have to know about the Constitution.  I have occasionally dealt with constitutional issues, but it usually requires a fair amount of research on my part.  With that disclaimer, I’m willing to bet I know as much about the Constitution as most folks.  Even if I don’t, I still feel free to offer this handy guide to all you need to know about it.

One way to learn about it is to go to law school.  Con Law, as we call it, is pretty dry stuff.  You have to read a lot of case law.  That’s a lot of work to do for something that people like Glenn Beck are free to opine about it without so much as a college education.  No, you don’t have to go to that trouble.  Here’s what you do:  Read it.  Then, realize that there is over 200 years of jurisprudence involved in interpreting and applying it.  Pretty simple.  But, if you’re American, it’s your Constitution, whether you went to law school or not.  If you’re not American, go read whatever nutty thing you have in your inferior country.

Here’s what the Constitution won’t do for you:  It doesn’t protect us from everything we don’t like.  Just because we don’t like a law, for example, doesn’t make it unconstitutional.  Let’s say the government brings back the military draft.  It would be horribly unpopular, but it wouldn’t be unconstitutional.  On the other hand, a popular law can be unconstitutional.  Pretend for a moment that the government outlaws Islam.  If, for one, would be horrified by that, but I know many people who would cheer.  Sorry, but it would be unconstitutional.

Another point:  the Constitution doesn’t guarantee “life, liberty and the pursuit of happiness.”  That’s actually in the Declaration of Independence.  The Declaration of Independence isn’t part of the Constitution and wasn’t written at the same time.  It’s completely different and not the basis of anything important–except the breaking away from King George deal.  Forget about it, except on the 4th of July.

The guts of the Constitution are in the seven articles that made up the original document.  Don’t worry about that much.  It’s just a bunch of details about how the federal government is set up, interstate commerce, elections and other minutia.  It’s like the Books of Numbers and Deuteronomy.  It’s important, but it’s mind-numbing.  It’s the amendments that get everyone worked up.  The Bill of Rights is the first 10 amendments, but there are a bunch more.  Here’s a summary of all you need to know about them.

FIRST AMENDMENT

Most people know something about this one:  Freedom of speech, freedom of the press, freedom of assembly and freedom of religion.  Here’s how it works:  The government can’t make it illegal for you to call your boss a son of a bitch.  If you actually call your boss a son of bitch, the government can’t do anything to you.  Your boss, however, can fire you.  He’s not the government.  There’s no constitutional protection against people getting pissed off at you.  It also allows us to lie.  That’s right.  You have the right to lie.  But, you don’t have the right to defraud or defame people.  General lying, though, is okay.

Freedom of the press works the same way.  That’s why you get so worked by what you read.  The press is free to express whatever opinions it wants, whether popular or not.  During World Wars I and II, we kind of trampled on speech and the press, but otherwise we’ve been pretty good about protecting these.

Here’s an important tip:  You can’t threaten to kill people.  Constitution won’t protect you.

Assembly:  Hey, if you want to join the Ku Klux Klan, go right ahead.  Now, of course, that doesn’t mean the rest of us can’t condemn you over it, but the government can’t throw you in jail.

Religion:  The government will allow you to worship as you see fit and won’t establish a state church or religion.  I know we spend all our time fretting about prayer in schools and contraception and the like, but this should be embraced by everyone.  The government butts out of the religion business.  Now, what the government can’t do–much to the chagrin of many–is declare the United States is a Christian, Jewish, Muslim or other nation.  I know that chafes people, especially those that are unburdened by history, but it’s a fact.  The Constitution itself does not make reference anywhere in it to being based upon Christianity or any other religion.  In fact, just ten years after the Constitution was adopted, the United States entered into a treaty with the nation of Tripoli, which said:

Art. 11. As the Government of the United States of America is not, in any sense, founded on the Christian religion,—as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen [Muslims],—and as the said States never entered into any war or act of hostility against any Mahometan [Muslim] nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.

There is no record of even slight debate about President Adams signing the treaty.  Rather than causing people to tear at their robes (to use a favorite Biblical image), we should all be glad.  No one can tell us how or what or if to worship.  It’s up to us.  That’s good.

SECOND AMENDMENT

Another popular one, the right to keep and bear arms.  We can own guns.  Yes, there can be restrictions, just like there can be on speech, but the right exists.  It doesn’t mean that there can’t crimes related to the USE of guns or restrictions on possession.  The bottom line is that we can be–and are–armed to the teeth.  Good thing about this one is that you can become a Second Amendment fanatic or advocate.  It’s a full-time job for some people.  Thank you, First Amendment.

THIRD AMENDMENT

Don’t worry about this one.  It’s about being forced to quarter soldiers in your home.  If that happens, you don’t have to put up with it.  Once, I tried to become a Third Amendment fanatic, but I couldn’t get any followers.

FOURTH AMENDMENT

This is a biggie.  No unreasonable searches and seizures.  The cops can’t just show up at your house and kick in the door.  Understand though, that if they have a search warrant all bets are pretty much off.  My criminal lawyer friends love this one and know all the ends and outs of it.  You probably don’t need this one unless you are in serious trouble.  If you are, I can give you a referral to a good lawyer.

This is also one of those “technicalities” often cited when charges are dropped or evidence excluded against an accused criminal.  Remember that.  This “technicality” is also the same kind of technicality that lets us own our guns and go to our churches.

FIFTH AMENDMENT

Anyone who watches much TV knows this one–taking the “Fifth.”  There used to be Ecclesiastic courts.  They would accuse you of a crime and then demand that you prove you didn’t do it.  We don’t do that.  The government has to prove its case against you without your help.  Again, if you need this one, you’re probably in a fair amount of trouble.  (See the Sixth Amendment)

SIXTH AMENDMENT

Due Process:  You have the right to know what you’re charged with; the witnesses; speedy trial; right to an attorney.  This is all good stuff.  Government can’t hold you in jail forever without charging or telling you what you did.  Folks like to say that criminals have more rights than their victims.  They don’t.  They have the same rights.

If you want to know what it’s like without this, check out the inmates in Gitmo.  No Sixth Amendment, no rights.

SEVENTH AMENDMENT

If you get into any of the above trouble, you can have a jury under certain circumstances.

EIGHT AMENDMENT

Government can’t inflict cruel or unusual punishment or excess fines.  For example, if you have outstanding parking tickets, a law putting you in jail for 100 years is a no-no.  Also, a fine of $1,000,000 probably is too harsh.  This also eliminates such things as burning at the stake and drawing and quartering.

What about the death penalty, you say?  No problem.  It’s not cruel and we certainly can’t call it unusual.  Of course, this depends on the method and the reasons.  Hanging, electrocution, shooting, asphyxiation by gas and deadly drugs are all okay.  Burning alive and ripping apart are not good.  A friend of mine once suggested sticking the condemned’s head in a bear trap.  That’s probably no good, either.  Must be proportionate to the offense.  Murderers are fair game.  Treason?  You bet.  After that, it gets sketchy.  We used to execute rapists, kidnappers, horse thieves and pretty much anyone who seemed problematic.  It’s a little tougher now, which is probably good.  Probably.

NINTH AMENDMENT

Just because something isn’t listed in the previous eight amendments doesn’t mean you might not have other rights.

TENTH AMENDMENT

A lot of people love this one.  Essentially, it says that anything not granted to the federal government belongs to the states.  WARNING:  There is a mountain of case law about this.  Militias and TV talking heads love this one.  Anytime you hear someone pontificate about “states’ rights” this is what they’re talking about.

ELEVENTH AMENDMENT

It has something to do with suing states in federal court.  Basically, you can’t do it.

TWELFTH AMENDMENT

Fixes something screwed up about the electoral college.  Move along.  Nothing to see here.

THIRTEENTH AMENDMENT

Abolishes slavery.  Nuff said.

FOURTEENTH AMENDMENT

States have to give you due process protection, too, not just the feds.  Makes most of the first ten amendments applicable to the states, too. Oh, and the law applies to everyone equally.  Has bunch of stuff in it, too, about dealing with the Confederacy.

FIFTEENTH AMENDMENT

Can’t prevent people from voting based on race, color or being a former slave.

SIXTEENTH AMENDMENT

Good news!  The federal government can impose an income tax!  If some nut tells you he can prove that the income tax is unconstitutional, he’s wrong.

SEVENTEENTH AMENDMENT

Senators are to elected by direct votes, instead of being chosen by their state governors.  Who cares?

EIGHTEENTH AMENDMENT

Hello, Prohibition!  Woo hoo!  No alcohol in the US!

NINETEENTH AMENDMENT

Women can vote!  Woo hoo! (I guess)

TWENTIETH AMENDMENT

Something about terms of office.

TWENTY-FIRST AMENDMENT

Goodbye, Prohibition!  Woo hoo! (hic!)

TWENTY-SECOND AMENDMENT

President can only serve two terms

TWENTY-THIRD AMENDMENT

The District of Columbia gets to vote in the Presidential election.  Big whoop.

TWENTY-FOURTH AMENDMENT

No poll taxes.  I don’t even know what that is.

TWENTY-FIFTH AMENDMENT

This is about succession if the President dies or leaves office.  TIP:  Don’t even bother reading this unless the President and Vice President die.

TWENTY-SIX AMENDMENT

You can vote if you’re 18.

TWENTY-SEVENTH AMENDMENT

This has to do with Congress’s salaries.  To give you an idea of how hard it is to get an amendment dealing with Congressional pay, it took about 200 years to get this one ratified after it was originally proposed.

There you have it.  The Constitution and all 27 amendments. You can readily see that the vast majority of these amendments are of no interest to anyone.  Some–like the 13th–are a very big deal.  Others, like Prohibition, are just plain stupid.  The Bill of Rights is very important–except the 3rd Amendment.

It’s hard to amend the Constitution.  That’s very important.  It keeps us from cobbling together such things as bans against Americans holding titles of nobility and legalizing slavery, both of which never got much traction.  If you want to see what a constitution looks like when it’s been frequently amended, read the Kentucky Constitution.  It reads like the unabridged version of the Unabomber Manifesto.

If you’d like to learn about how the Constitution was adopted, watch the School House Rock video on the Constitution.  It’s still the best thing I’ve ever seen or read about the subject.

Now, you’re an expert.  Or not.  But you have the right to pretend like you are.  Thank you, First Amendment.

©thetrivialtroll.wordpress.com 2012