Saturday, February 24, 2018

life, liberty and the pursuit of happiness

I'm reading the paper, and there is an editiorial--today--about (drumroll please) "guns don't kill people, people kill people".
It is about all those crazy folks trying to stop regular guys like him from buying a garage full of assault rifles.
I lost my mind and responded to the editorial.  And it being a local paper that insists on real and full names, I'm now a full-blown loony snowflake.

I like snowflakes.
Each is unique and beautiful.
How did snowflake become an insult.

My response suggested we let these people arm themselves with rocks and pocketknives.
Used to be every man and quite a few women had pocketknives--they are handy for things like cutting fishing line and spam, unscrewing things and opening beer cans.  They can also be used as a weapon, although not a particularly deadly one.
Rocks, rocks are free, and while not the current deadly weapon of choice, it worked well enough for Cain on his brother.

Two things come to mind with this whole current mindless love of the 2nd amendment and our right to bear arms.

1. No one spouting its meaning has read the original.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Arms, not assault weapons, not WMD, just arms.


arms

[ärmz]

NOUN

  1. weapons and ammunition; armaments:
    "they were subjugated by force of arms" ·
    synonyms: weapons · weaponry · firearms · guns · ordnance · artillery ·
  2. distinctive emblems or devices, originally borne on shields in battle and now forming the heraldic insignia of families, corporations, or countries. See also coat of arms.
    synonyms: crest · emblem · coat of arms · heraldic device · insignia · escutcheon ·


The First Amendment (1791) prohibits Congress from obstructing the exercise of certain individual freedoms: freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and right to petition. Its Free Exercise Clause guarantees a person's right to hold whatever religious beliefs he or she wants, and to freely exercise that belief, and its Establishment Clause prevents the federal government from creating an official national church or favoring one set of religious beliefs over another. The amendment guarantees an individual's right to express and to be exposed to a wide range of opinions and views. It was intended to ensure a free exchange of ideas, even unpopular ones. It also guarantees an individual's right to physically gather or associate with others in groups for economic, political or religious purposes. Additionally, it guarantees an individual's right to petition the government for a redress of grievances.[59]

The Second Amendment (1791) protects the right of individuals[60][61] to keep and bear arms.[62][63][64][65] Although the Supreme Court has ruled that this right applies to individuals, not merely to collective militias, it has also held that the government may regulate or place some limits on the manufacture, ownership and sale of firearms or other weapons.[66][67] Requested by several states during the Constitutional ratification debates, the amendment reflected the lingering resentment over the widespread efforts of the British to confiscate the colonists' firearms at the outbreak of the Revolutionary War. Patrick Henry had rhetorically asked, shall we be stronger, "when we are totally disarmed, and when a British Guard shall be stationed in every house?"[68]

The Third Amendment (1791) prohibits the federal government from forcing individuals to provide lodging to soldiers in their homes during peacetime without their consent. Requested by several states during the Constitutional ratification debates, the amendment reflected the lingering resentment over the Quartering Acts passed by the British Parliament during the Revolutionary War, which had allowed British soldiers to take over private homes for their own use.[69]
(the above is from Wikipedia.)

Now, look at all of them. They are the bill of rights.  Our personal and individual rights, and none greater than the other.
Read them and know them so when someone tells you they have the right to assault rifles, or to stop protests or to make prayer mandatory you know if that is true or merely their wishful thinking.

My favorite has to do with the right to life, liberty, and the pursuit of happiness.


1st Amendment

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.

[Article 4]


2nd Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

[Article 5]


3rd Amendment

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

[Article 6]


4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[Article 7]


5th Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

[Article 8]


6th Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

[Article 9]


7th Amendment

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

[Article 10]


8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

[Article 11]


9th Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

[Article 12]


10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Now, there are other amendments, discussing slavery and the right to vote, there was even one to stop the legal sale of alcohol, and it led to quite the criminal enterprise (shades of the current drug wars), and of course, the amendment that was never ratified that gave women equal rights under the law.

But the right to own an assault weapon is not more important than any of those other rights.

Now, for the second part.

The use of propaganda to sway public opinion, beliefs, and elections and the use of campaign funds to make sure that the rights of those that actually profit from unfettered gun sales is not impinged upon because their personally bought and paid for lawmakers are watching out for them.
That, by the way is not a right.  

time.com/4106381/nra-1871-history/  (time magazine article--very interesting)

Interestingly enough, many companies that were courting the approval of the NRA by offering perks, divested (or are in the process of divesting, or are considering divesting) themselves of those associations due to the actions of the surviving students of the latest rampage killing at a school.

If we can get our lawmakers to do the same, it might be the beginning of a real conversation about how to decrease the gun deaths in this country.

http://www.washingtonpost.com/wp-srv/special/politics/nra-congress/

http://www.businessinsider.com/nra-spending-budget-lobbying-in-2017-2017-9

www.dailymail.co.uk/news/article-5422121/What-NRA-members-does-have.html

The NRA was originally a supporter of gun control, but changed directions in the late 1970s.
When PACs became legal, lobbying rather than just notifying members of impending gun legislation became the method of action.
"In the 2016 election, the NRA spent $11,438,118 to support Donald Trump—and another $19,756,346 to oppose Hillary Clinton. That’s over $31 million spent on one presidential race."
"John McCain (R, AZ) – $7.74 million"
"Richard Burr (R, NC) – $6.99 million"
"Roy Blunt (R, MO) – $4.55 million"
"Thom Tillis (R, NC) – $4.42 million"
"French Hill (R, AR) – $1.09 million*"

"Ken Buck (R, CO) – $800,544"

"David Young (R, IA) – $707,662"
"Mike Simpson, (R, ID) – $385,731"
"Greg Gianforte (R, MT) – $344,630"
"In 2016, the NRA spent over 3million dollars on campaign contributions (sounds like a lot over, or maybe those earlier numbers are over years). They have an annual operating budget of 250 million dollars.  What else do they do with that operating budget.
By July of 2017, the had already surpassed that number.
The NRA has 5 million members.
A part of me wants to know what a membership costs?  Where does all that money come from-- just dues?

http://www.businessinsider.com/gun-industry-funds-nra-2013-1

Apparently, the weapons manufacturers are not members with higher dues, they sponsor things and buy advertising at high rates within the NRA publications, and other indirect methods of legally putting their money into an organization that is supposed to be representing 5,000,000 gun owners that care enough to buy a membership at 30$ a year.

Is the NRA, and through them, the weapons manufactures buying elections?
Or are they actually just buying lawmakers.
Loyalty to those with money is not new or particularly heroic, but it is real.
We all work for a living, unless we were born richer than god.
http://work.chron.com/congressional-salaries-retirement-benefits-7896.html

https://www.washingtonian.com/2014/01/09/a-majority-of-congress-is-worth-more-than-1-million/

So if the average senator or congressman makes about $174,000, (while most of us think that is a huge salary, that is pretty small potatoes to CEOs all over the nation,) when you consider that over half of those senators and congressmen are worth over a million dollars, maybe they should not be so easy to buy.
.....or is that where those millions came from.
(if you are still trying to find my favorite in the bill of rights, it was in our declaration of independence which preceded the constitution)

It is also implied by the HUMAN RIGHTS recognized by the United Nations.


Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. 

Article 1.
 


All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.
 


Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.
 


Everyone has the right to life, liberty and security of person.

Article 4.
 


No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.
 


No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.
 


Everyone has the right to recognition everywhere as a person before the law.

Article 7.
 


All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.
 


Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.
 


No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.
 


Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.
 


(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.
 


No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13.
 


(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.
 


(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.
 


(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.
 


(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.
 


(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.

Article 18.
 


Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.
 


Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.
 


(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.

Article 21.
 


(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.
 


Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.
 


(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.
 


Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.
 


(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.
 


(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.
 


(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.
 


Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29.
 


(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30.
 


Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Our current governments on this planet have far to go to reach these higher goals.

We will all reap what we all sow.










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