The Republicratic Commonwealth of Kentucky

Someone sent me an insightful email suggesting that each state in the United States declare its own sovereignty and refuse to follow any federal laws except those they find acceptable. It also recommends such things as jailing of illegal immigrants, drug testing welfare recipients, no gun laws and other acts of sovereignty. It got me thinking about doing this in my home state, the Commonwealth of Kentucky.

If you’ve read much of this self-indulgent blog of mine, you know I’m a lawyer. Anything like that email sets my mind spinning. For instance, states can’t refuse to follow federal law. We have a local sheriff here in Kentucky who claims that he won’t enforce any new gun laws and will arrest anyone who does. Once you get past the laughable image of this guy trying to arrest FBI and ATF agents, you can see that such defiance–if real–amounts to insurrection.

This type of “sovereignty” is secession from the union. States have no right to secede. Before you start screaming, read Texas v. White from the United States Supreme Court. That’s the law. There are exceptions. First, there is armed rebellion. Second is by agreement. Since Kentucky doesn’t have a military (The National Guard belongs to the feds but more on that later), we’d have to hope for agreement of the rest of the states. Let’s face it, we’re Kentucky. They might let us leave. It wouldn’t hurt to ask.

Nevertheless, I’m willing to ignore the United States Constitution and decades of jurisprudence to entertain the notion of Kentucky as its own sovereign state. What would we look like?

GOVERNMENT

We call Kentucky a Commonwealth, just like Virginia, Pennsylvania and Massachusetts call themselves. It doesn’t mean anything. It’s just a leftover from colonial times. The only problem I have with it is that it sounds vaguely communistic. Let’s move on.

As some Americans are aware, we have a republican democracy. We elect representatives who (theoretically, at least) represent our interests. They pass laws which are executed by our executive branch and enforced by our courts. Some believe we have the greatest country on Earth with the greatest form of government. I say bullshit to that.

If we’re going to secede, that means we don’t like the federal government. We don’t want it. We don’t need it. There’s no point in looking anything like it. Kentucky has 4.25 million people spread over a mind-boggling 120 counties. Each county is already its own little fiefdom with elected officials, courthouses, graft and whatnot. I say let each one run its own affairs. They can set up their own governments. Most will likely become dictatorships in short order–assuming they aren’t already, but give the people what they want.

We’ll be a sort of confederacy of counties, but we’ll still need a constitution of some kind. Kentucky has a constitution, of course. It is approximately 60,000 pages long. Okay, that’s a lie, but it seems that long what with all the bizarre amendments made to it over the years. It’s going to have to be revamped.

One problem is that it is very similar to the United States Constitution. It makes little sense to break away from federal rule only to keep in place the same framework that led to our secession. We probably need the Bill of Rights, and Kentucky’s is pretty similar to the feds. I say we copy the Bill of Rights except the Second Amendment which will now read:

The right to keep and bear arms is absolute and shall not be limited or constrained by any law, regardless of reasonableness or necessity. “Arms” means anything that can kill people or animals, whether intentionally or accidentally.

We probably should replace “Governor” with something like “King” or “Pharaoh” in the rest of it. Honestly, I’ve never read the whole thing. I don’t think anyone else has, either. Maybe we can keep the rest of it.

We’re not the smartest people. Let’s don’t make it too complicated. Maybe we can start out with anarchy and see what happens.

Regardless of the form of government, what will life in our new nation be like?

GUNS

This is an easy one–no gun laws. None. No knife or sword laws, either. Why can’t I defend my family with a saber if I want? Maybe I want to scatter bear traps around my yard. So be it. Napalm doesn’t incinerate people. People incinerate people.

No background checks. Why can’t a crazy man defend himself from real and imagined threats? The nuttier you are the more guns you should have. How else will we protect the criminally insane?

Next topic.

RELIGION

This is another easy one. We’ll have the Ten Commandments posted everywhere. I mean everywhere–schools, buses, government buildings, private property, sporting events. Without that irrational United States Supreme Court to interfere, we can even post the entire Book of Deuteronomy if we want. Any kid who can’t describe how to build the Temple can’t graduate from high school.

We’ll pray in school–all day long if we want. It will have to be a Christian prayer, of course. Anyone caught on a prayer rug will be subject to ridicule. In fact, we might make such ridicule a constitutional right, too.

We’ll even include somewhere in our new Constitution that Jesus wrote it. That will seem crazy at first, but in a few decades people will debate whether or not it is true.

MILITARY

This one is tough. We can’t have a military. Okay, I know some of you are thinking: “Hey, the state runs the National Guard. That’s our militia.” Well, sort of but not really. Since 1903, the National Guard has been run by the feds and–more importantly–funded by the feds. We can’t do it. Plus, who are we going to fight? Hopefully, it won’t be the United States military. Have seen the toys they have?

Remember that we’re going to have plenty of weapons. I think we’ll have enough to fight off an invasion from Indiana or Tennessee. Besides, the chances of anyone wanting to take over Kentucky are pretty remote.

FINANCES

Kentucky receives about $13,000 per person in federal money per year. That’s a hell of a lot. I’m not good at math, but it’s at least billions of dollars each year. Wow.

We have all kinds of taxes in Kentucky–income, sales, property, usage (WTH?) and a bunch of others. I have no idea what it amounts to but I’m sure it’s not close to what we need. Now, that we’re off the federal teat, it’s time to tighten our belts. If we don’t, we might have to raise tax rates to 120% or so. We can survive but how?

Go for the Gold

With the feds off our backs, they’ll close Fort Campbell and Fort Knox. We’ll give them 48 hours to come and get their gold from Fort Knox–maybe we can keep a little of it, too. Would they really miss a couple of tons?

Schools

Okay, on the surface, this may seem like a big deal, given that we are dependent on the feds for school funding. Not so. Ever heard of home schooling? That’s what everyone did back in the Good Old Days when everything was better. Teach your own kids, you lazy bastards.

Our state universities will be in peril. We should be able to offer at least a few on-line courses at the Universities of Louisville and Kentucky to keep the basketball programs afloat.

Police/Fire

Here’s where our friends in the National Rifle Association will help us. Let’s take the idea of an all-volunteer school security force and expand it to all law enforcement and public safety. With the schools closed, these volunteers will be eager to help out. Besides, every community has dozens–if not thousands–of people who want to carry a gun and wear a badge. Hell, most of them would probably be willing to pay the state.

We have a long history of volunteer fire departments. Let’s just do more of that.

Highways

I’ll concede that federal highway money is helpful but only to the extent that you need highways. I suspect that Kentucky has the highest number of ATVs per capita of anywhere on Earth. If any state is ready for dilapidated highways, it’s this one.

What is Kentucky best known for? If you said illegal meth labs, that may be correct, but I’m talking about horses. We have lots of horses, but I hardly ever see anyone riding them. Saddle up.

Unemployment

Good lord, we have a lot of folks drawing disability checks in Kentucky. No more SSI and don’t expect Kentucky to pick up the slack. If you’re too infirm to work, you should really think about moving to the United States. They have systems for that kind of problem. We don’t.

Here’s how it works. If you can work, get a job. If you can’t, leave or maybe you just starve to death. Problem solved.

As far as welfare, bear in mind that’s another federal boondoggle. It has no place in our utopian world so don’t worry about drug testing. We Kentuckians will be free to consume copious amounts of drugs without fear of Big Brother staring over our shoulders.

Currency

We won’t use the worthless United States currency. We will print our own money, just like in the old days. It will bear pictures of Adolph Rupp, Daniel Boone, Jim Varney and other famous Kentuckians.

Rather than the worthless crap printed in the United States, our money will be backed by a secure commodity. We will go on the Coal Standard. Our money will be backed by the valuable coal reserves in our state, which we will now be free to mine and burn with abandon. Of course, we can’t burn too much of it or we will have to switch to the Weed Standard which also runs the risk of being burned.

HEALTHCARE

Let’s get one thing straight. No government health care–of any kind. Medicare and Medicaid–those behemoths of our former overlords–are gone. They won’t be replaced, either. We’ll adopt what I call the Bachmann Plan: If you want health insurance, get a job. If you can’t get a job, see comments above.

In fact, health care in general will be discouraged. Haven’t we all had enough of a bunch of holier-than-thou eggheads with stethoscopes telling us how to live our lives? The Founding Fathers didn’t put up with such nonsense.

You may be concerned about such inane things as public health, life expectancy and rampant disease. Given that our health care services are likely to be substandard, at least by so-called “Western” standards, we don’t need a bunch of sick people lingering around making the rest of us sick. A quick death is much better for everyone.

IMMIGRATION

We’ll just be flat against it–in all its forms. No one from a foreign country, which now will include the United States, is allowed. Anyone trying to float across the Ohio River will immediately be attacked by our fleet of coal barges. We’ll just shoot people from Tennessee. That won’t bother any Kentuckian. Hell, it probably won’t bother anyone in Tennessee, either. West Virginians will be a problem, but they’re so similar to us it won’t be a big deal.

We’ll round up all the foreigners and deport them. Anyone who looks, dresses, talks or acts the least bit different will be a suspect. We’ll just dump them in the nearest bordering state.

This may sound like a daunting task, but remember–this is Kentucky. Most people are trying to leave, not get in. We can expect enthusiastic cooperation.

We will make limited exceptions for immigrants who obtain a 5 Star Visa. This visa program will be administered by the head basketball coach at the University of Kentucky.

“HEMP”

The people of Kentucky want to legalize hemp but can’t because of the narcs in D.C. Now, we can cut right to the chase and legalize marijuana. Why? Well, it’s our number one cash crop for starters. Also, we can dispense with the foolishness of pretending we want to wear hemp clothing and shred our hands on rotted hemp rope. We want to smoke the stuff, not wear it.

MISCELLANY

Like any young nation, we’ll face challenges. Someone like Ashley Judd will try to become dictator. Louisville will probably try to declare itself a city-state like the Vatican. We’ll need to change the state motto from the axiomatic “United We Stand. Divided We Fall” to something less incongruous. We’re up to these challenges.

What if it doesn’t work out? Simple–we’ll just accept massive amounts of foreign aid from the good old U.S. of A. If that doesn’t work, we have a massive stash of chemical weapons in Richmond. That will invite an invasion by the US and the establishment of a new government. That one never fails.

©thetrivialtroll.wordpress.com 2013

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My Flagging Patriotism

I make no secret that I love being an American. I’ve always been an American, and I’ve always loved my life, at least most of the time. I might also like being Swiss or a Liechtensteiner, but I’ll never know. I’m pretty sure I wouldn’t like being a Somalian.

Because I love being an American, I suspect that makes me patriotic. I certainly have pulled for us in all the wars. But, when I hear really patriotic people talk, I think I’m a wild-eyed anarchist. The flag–the American Flag–more than anything else makes feel like that.

Being a bit of a gadfly, I’m leery of blind loyalty to anyone or anything. Any time people speak of patriotism, I think of the famous quote that we’ll know fascism when it reaches American because it will be “wrapped in the flag and carrying a cross.” Some say that Sinclair Lewis said this. It certainly sounds like something he would have said.

Nothing swells Americans with pride like our flag. Old Glory. The Stars and Stripes. Unlike some countries whose flags have wild colors and sayings on them, it’s simply designed. Fifty stars and thirteen stripes. Red, white and blue. We don’t have animals or people on our flag. It’s not all busy and confusing. I’ve always like the flag, but I don’t worship it. I really liked the one the Air Force draped on my Dad’s casket. My fellow Americans, however, are obsessed with the flag.

Prior to the American Civil War, the flag wasn’t so much a symbol of patriotism as it was a marker used to identify federal territories or possessions. During the Civil War, it became a symbol of the union just as the Confederate flag was a symbol of rebellion. Since then, the flag has taken on more significance.

Nowadays, the flag is venerated. Rick Monday was a fairly good baseball player in the 1960’s and 1970’s. He was a good outfielder, hit with some power and had good speed. He’s known for two things. One, he was the very first pick in Major League Baseball’s first amateur draft. Second, he saved the flag. During a game at Dodger Stadium in 1976, Monday was playing in the outfield for the Chicago Cubs. Two “fans” ran on the field, threw down a flag and prepared to burn it. Monday ran by and scooped it up with one hand just before it was lit. He got a standing ovation. Mention Rick Monday to a baseball fan of a certain age, and he or she will remember that moment.

: Rick Monday’s greatest play.

We have songs about the flag. “Stars and Stripes Forever” and “It’s a Grand Old Flag” are two of them. My father was fond of march music, so I I’ve heard Stars and Stripes Forever many, many times. It’s pretty catchy.

We like the flag so much that we have laws about it. The Flag Acts of 1777, 1794 and 1818 tell us what the flag should look like. We have a United States Flag Code which has rules about displaying and caring for the flag. You can read it at 4 U.S.C. Section 1, et seq. (I’m a lawyer, and that’s a citation to a statute). Before you go scrambling to the United States Code to turn in your neighbor, there are no criminal penalties for breaking these rules. Think of them as rules of etiquette for the flag. Here are just a few of the rules:

Don’t dip the flag
Don’t display it upside down (except to show distress)
Don’t wad it up
Don’t make clothes out of it
Don’t draw pictures on it
Don’t walk on it
Don’t let it touch the ground
Burn it when it’s worn out

This is okay, because Mrs. Palin’s bikini is not an actual flag. It’s not okay that she’s wearing a bikini, though.

First Amendment fanatic Larry Flynt. Wearing an actual flag as a diaper is not okay, but it’s not a crime. Maybe it should be.

These are a just a few of the highlights. There are a bunch of rules. Only an anal-retentive Boy Scout could keep track of all of them. Just be glad there are no criminal penalties. By the way, I was a Boy Scout–maybe it was a Cub Scout–for a couple of weeks. What did I learn? How to fold the flag, of course.

The bottom line is that we don’t like people being disrespectful to the flag. People in foreign countries like to burn the flag–our flag. You can tell they think that infuriates us, and it does. Some of these folks will hit it with shoes. That’s definitely a no-no.

Although the flag is iconic, the First Amendment to the United States Constitution allows us to desecrate it. Like Mr. Flynt, we can wear it as a diaper if we so choose; however, I don’t suggest that, because it will make you unpopular in many circles.

Remember, though, it’s not a crime. We Kentuckians have made it a crime under state law, Kentucky Revised Statute Section 525.110. That statute is unconstitutional, of course, but we don’t care. It’s still a law, even if we can’t enforce it. We’re well-known in Kentucky for passing laws that can’t be enforced and for periodically embarking on Quixotic battles to display the Ten Commandments. It’s part of our culture.

Of course, Americans have a Pledge of Allegiance. Man oh man, the Pledge of Allegiance gets people worked up. We’re supposed to pledge allegiance to the flag, by God, or so the argument goes. No one ever explains why we should do this, but we should. Some–like your author and The United States Supreme Court–believe that Americans shouldn’t have to pledge allegiance to God, country, flags, politicians or anything else. We’re Americans. We have the right to be apathetic or downright hostile about everything.

I often see posts on social media lamenting that schools don’t recite the Pledge of Allegiance. This isn’t true. My children attended public schools where the Pledge was recited. Now, the school can’t force you to recite it. That’s okay, at least with me.

If you’re going to get all worked up about the Pledge of Allegiance, consider:

The original text of the Pledge:
- I pledge allegiance to my flag and to the republic for which it stands, one nation, indivisible with liberty and justice for all.
It was written in 1892 by Francis Bellamy, a Christian socialist. That’s right, a socialist.
It was written as part of the 400 year celebration of Columbus’s arrival in America.
One of the purposes of it was to sell flags to schools, because there was a belief that patriotism was at a low point.
Bellamy wanted to include equality and fraternity for all, but he knew that schools wouldn’t support equal rights for women and African-Americans.
About 30 years later, “my flag” was replaced with “the flag of the United States of America.” The thought was that immigrants needed to be clear about which flag they loved.
In 1954, the now familiar “under God” was added. This was during the Cold War when godless Communism was all the rage.
A minister named George Docherty suggested to President Eisenhower that God be added to the pledge. Reverend Docherty likened the Pledge to something “Moscovite children” might recite.
Legally, you can’t be forced to recite it.
Schools can recite the Pledge, but student participation is voluntary. If you think schools are not allowed to recite the Pledge, you are wrong.
The vast majority of states require that time be set aside for recitation of the Pledge. So, if you think the country is going to hell because we don’t do it, again, you’re wrong. Here in Kentucky, we have Kentucky Revised Statute Section 158.175 which sets aside time for it.
Groups like Socialists and Fascists love to have people pledge allegiance to the state.

This being America, we don’t force anyone–even children–to pledge allegiance to the flag. Maybe you think we should, but such things as freedom of speech and of religion stand in the way. It’s okay. Those are good things, too. Think about it like this: If you’re one who thinks we should be forced to say the Pledge, imagine how you’d react if President Obama said that. See?

We’re not the only country with a flag. Other countries have flags, too. All of them do, I guess, but we don’t care much for those. Most of them are goofy looking with odd sayings and pictures on them.

Andorra has the typical weird flag combining a haughty crest with cows and odd foreign gibberish.

Some other flags just took no thought at all. France, for example:

The French flag can be easily adapted in the event of surrender.

We want people to fight for the flag, too. Personally, I wouldn’t do that, especially if I had time to think about it. I’d probably let you have the flag if it were that important to you. That’s not the same as fighting for one’s country, although I wouldn’t want to do that, either.

When we Americans get mad at foreign countries, we don’t take to the streets and burn their flags. To us, that seems over the line. Oh, we’ll invade your country, kill you by the thousands and overthrow your government, but we’ll be good to your flag. That’s only decent.

All our states have flags. Here is the flag of my state, Kentucky:

It states the fairly obvious maxim of “United we stand. Divided we fall.” I suppose the cartoon on it symbolizes country and city folk coming together. We also call ourselves a “commonwealth.” No one knows what that means, but we’re just a plain old state like everyone else. Kentucky has its own Pledge of Allegiance:

“I pledge allegiance to the Kentucky flag, and to the Sovereign State for which it stands, one Commonwealth, blessed with diversity, natural wealth, beauty, and grace from on High.“

Notice that it doesn’t mention “God.” I think people would be outraged about this if they knew we had our own pledge. “On High” could be God, Jesus, Buddha or a bundle of sticks.

I’ve been told that this is Alabama’s flag:

Weird, huh? It’s kind of like they’ve just Xed themselves out. Then again, it’s easy to draw.

State flags aren’t as controversial. I’ve never heard anyone accused of desecrating one, and I’ve never seen angry foreign mobs burning one. If someone did, we’d probably get mad, but it would quickly pass.

Everyone knows the famous photo of the flag being raised at Iwo Jima. It wouldn’t have had the same impact if they had raised the Kentucky state flag by mistake.

Some of our states are fond of the Confederate flag, the Old Stars and Bars. Only in America could you fly the flag of a rebellion that cost hundreds of thousands of lives and almost destroyed your country. Of course, a lot of folks are offended by that. That’s also very American. Do what you want, but others have a right to get pissed off about it.

Whether you’re conservative or liberal, you might be thinking: “Hey, does this nut have some kind of problem with flags?” No. I’ve never desecrated a flag (at least not on purpose). I don’t advocate such things, either, but I probably don’t love the flag. And I certainly don’t insist that you love it or pledge some kind of oath to it. Just don’t wear it as a diaper, unless you really want to.

©thetrivaltroll.wordpress.com 2013

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Are You Conservative or Liberal? Take the Test

I paid more attention to this election cycle than I usually do. Why? I don’t know. Maybe it’s because everyone on social media spewed about the election. That’s probably a good thing. I was able to deduce to things: (1) Liberals hate Mitt Romney; and (2) Conservatives hate Barack Obama. Pretty simple.

What isn’t so simple these days is to figure out if you’re a liberal or a conservative. My archly conservative friends think I’m liberal. My liberal friends think I’m conservative. My staunchly political friends of both stripes can’t believe that any sane person wouldn’t vote a straight ticket in an election. Alas, I am an Independent. For me, a straight ticket is a list of perennial candidates, crackpots and unelectable do-gooders.

Honestly, I’ve tried to figure out where I fall on the political spectrum. Some folks tell me I’m a Libertarian. When I read about Libertarians, I tend to agree; however, when I listen to Libertarians, I vehemently disagree. I often refer to myself as a conservative, but then some real conservative says something insane, and I change my mind.

So, I decided to come up with a simple quiz to help answer this question. As a public service, I have reproduced it below:

I. FOREIGN POLICY:

1. Which statement best describes your views on the anger toward the West in the Middle East?

a) The West is a bunch of capitalist pigs. I am angry toward it, too.

b) They aren’t as angry as I am toward them.

c) Nuke ’em, except Israel.

2. Which group of countries do you consider the greatest threat to world peace?

a) The United States, Great Britain and Israel

b) Canada, Mexico and Greenland

c) North Korea, France and any country where the leaders wear robes.

3. Which statement best describes your views toward China?

a) We must stop all human rights violations in China, even if they don’t want our help

b) We should try not to make them mad since they make all our stuff

c) Nuke ’em

4. What do you think the US role in foreign affairs should be?

a) Become friends with everyone

b) Stay the hell away from foreigners

c) Try to build strong relationships with friendly governments. Nuke the rest of ’em.

5. The biggest risk to America’s security is:

a) American imperialism

b) The federal deficit

c) Everyone who answered “a” to this question.

II. SOCIAL ISSUES

1. Which statement best describes your views on a woman’s right to choose?

a) Women have the unfettered right to choose anything, up to and including the euthanasia of their children under 18 and husbands.

b) Frankly, I haven’t given it much thought. I’m a man.

c) When did this happen?

2. What best describes your reaction to the term “homo-queer?”

a) That’s just another pejorative term for our gay friends and indicative of the hate-mongering on the right.

b) That’s a word my mother once said when she was trying to say “homosexual.”

c) That’s just another example of “political correctness” run wild.

3. What best describes your position on “traditional” marriage?

a) Marriage is loving relationship which should be allowed between or among any two or more people, regardless of sex, age or species.

b) I’m divorced. Don’t get me started.

c) Marriage is a holy union between a man and woman until one gets caught cheating on the other.

4. What best describes your position on immigration?

a) Everyone who sets foot in the US should automatically become a citizen.

b) I don’t care. I’m a foreigner.

c) I’m okay with it, as long as you speak English and look like me.

5. What best describes your religious views?

a) There is no God. And if there is one, he’s a woman.

b) I am God

c) My God is the only god. And he’s a Christian.

III. FISCAL ISSUES

1. Taxes should be increased on:

a) The rich, which is anyone making more money than I do.

b) Anyone except me

c) No one, except the people who don’t make enough money to pay taxes

2. The best way to reform welfare would be to:

a) Make it available to everyone except rich

b) Make it available to me and no one else

c) Eliminate it, except if it is provided to job creators

3. The best way to balance the federal budget would be to:

a) Raise the tax rate on the rich to 120%

b) Suspend Congressional pay until the budget is balanced.

c) Start two wars and then lower taxes.

4. The biggest area of waste in the federal budget is:

a) Subsidies to the rich

b) Congressional pay

c) The food stamps used by those answering “a” to this question

IV. IMAGE ASSOCIATION

1. What is your reaction to this photo?

a) Tingling in various body parts

b) Who is that?

c) AAARRRGGHHH! The Devil!

2. What is your reaction to this photo?

a) AAARRRGGHHH! The Devil!

b) I never could figure out how his hair stayed so dark.

c) Drop to your knees, followed by uncontrollable crying

3. What is your reaction to this photo:

a) Vomit in mouth. Rinse. Repeat.

b) When did Gregg Allman shave?

c) Ooooh. Hootchie Mama!

4. What is your reaction to this photo?

a) More tingling

b) Matt LeBlanc has really let himself go.

c) Vomit in mouth. Swallow. Repeat.

5. What is your reaction to this photo?

a) Another pathetic example of the exploitation of women.

b) Damnation. Sweet.

c) Is that Ann Coulter?

V. TRUE/FALSE

The following are true/false questions

1. President Obama is Kenyan. T or F?

2. President Obama is a Muslim. T or F?

3. President Obama is a terrorist. T or F?

4. Karl Rove is a genius. T or F?

5. Sarah Palin is smokin’ hot. T or F?

For every question you answered “true,” add 10 points. If each you answered false, subtract 5 points.

VI. CONSTITUTIONAL LAW

1. Something is unconstitutional if:

a) I don’t like it

b) I don’t like it

c) I don’t like it

2. Which statement best describes your view of gun control:

a) Guns are evil and should be outlawed regardless of the Constitution

b) I can’t control my guns. That’s why I prefer sleeveless shirts.

c) I firmly believe that all citizens have the right to bear arms and shoot other citizens when necessary or convenient.

3. Which statement best describes your view of states rights:

a) The states have no rights

b) My state is run by idiots. Why would they do any better?

c) States have the right to screw up anything that the federal government hasn’t reserved to its own incompetence.

4. Who wrote the United States Constitution?

a) White bigots

b) Abraham Lincoln

c) God

5. Which statement best describes your view of freedom of religion?

a) Religion should be illegal, unless it’s worshiping something like a tree or the President.

b) Leave me alone

c) You are free to worship as you see fit as long as it is an acceptable form of Christianity

VI. ESSAY

In 1000 words or less, describe the effects of global warming on our climate and the changes you believe must be implemented to save the planet from imminent destruction. Attach your answer on separate sheets.

(If you knew enough to write anything, subtract 25 points. If you laughed out loud after reading this, add 25 points. Any other reaction gives you no points).

SCORING

For each multiple choice question you answered “a,” add 5 points. For each you answered “b,” add 10 points. For each you answered “c,” add 15 points. Then take your score from True/False and Essay questions and add to the total. If any question outraged you to the point that you couldn’t go on, adjust your medication and try again.

Once you’ve added up your total, here is how to interpret the result:

100-150 points: Flaming commie, pinko, socialist Leftist. Kim Jong il is your ideal president.

150-200 points: Dangerous, left-leaning weirdo. Gus Hall is your ideal president.

200-300 points: Disenfranchised everyman. Franklin Pierce is your ideal president.

300-375 points: Dangerous, bloodless, right-wing radical. Joseph McCarthy is your ideal president.

375+ points: Ultra right-wing reactionary. George Lincoln Rockwell is your ideal president.

If you somehow managed to score less than 100 or more than 425, please leave the country immediately.

Now you know what you are. Don’t you feel better? I know I do. Even better, you’ll know how to vote next time around. If you don’t, someone will tell you.

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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.

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