Category Archives: Philosophy

Strict Interpretation of the US Constitution

There’s been a lot of talk, lately, as to whether the law, particularly the US Constitution should be interpreted to reflect exactly what was written or whether the law adapts with the times. I am an analyst, so I am cursed with need to make sense—to the best of my ability—of issues of importance that are presented to the masses. I do not claim superior intelligence nor do I do believe I have extraordinary understanding of legal subtleties or political intrigues. I do however view myself as a responsible American voter trying to prepare for the time I will spend in the voting booth. I ask questions when I do not know the answers. However, sometimes the best way to find the answers is to ask the right questions. In fact, the questions are often more important than the answers.

Just for the record, I have sworn an oath to protect and defend the US Constitution from enemies foreign and domestic. I will continue to honor that oath for as long as I live. I take the US Constitution seriously, just as it deserves.

There is a mad dash to nominate and approve a new Supreme Court Associate Justice in the weeks before the next presidential election. The primary goal is stated as to appoint an associate justice who will interpret the constitution so as to reflect the exact intention of the those who wrote and signed the original US Constitution in 1787. The founding fathers were responsible for creating the Great American Experiment, which is both wonderful and yet remains an experiment.

A story, which is generally accepted as true tells us: Benjamin Franklin was walking out of Independence Hall after the Constitutional Convention in 1787, when someone shouted out, “Doctor, what have we got? A republic or a monarchy?” To which Franklin supposedly responded, with a rejoinder at once witty and ominous: “A republic, if you can keep it.”

I believe we may be facing just that question.

The founding fathers planted the seed; for the past 230 years, those of us who love America have tried to nurture that seedling and the plant as it has grown. In my opinion, some parts of the republic have done well, while others need more tending, including some weeding and pruning, even today.

The thoughts and ideals of the founding fathers were based on their times and their norms, which is why many people today believe that the Constitution should be interpreted based on today’s norms. This is not necessarily a new idea. In fact, Thomas Jefferson, the primary author of the Declaration of Independence and the third US President wrote to James Madison, the fourth US President and who is considered the Father of the Constitution.

Every constitution, then, and every law, naturally expires at the end of nineteen years. If it be enforced longer, it is an act of force, and not of right (Emphasis added). It may be said, that the succeeding generation exercising, in fact, the power of repeal, this leaves them as free as if the constitution or law had been expressly limited to nineteen years only. In the first place, this objection admits the right, in proposing an equivalent. But the power of repeal is not an equivalent. It might be, indeed, if every form of government were so perfectly contrived, that the will of the majority could always be obtained, fairly and without impediment. But this is true of no form. The people cannot assemble themselves; their representation is unequal and vicious. Various checks are opposed to every legislative proposition. Factions get possession of the public councils, bribery corrupts them, personal interests lead them astray from the general interests of their constituents; and other impediments arise, so as to prove to every practical man, that a law of limited duration is much more manageable than one which needs a repeal.”

Thomas Jefferson to James Madison, 1789. ME 7:459, Papers 15:396

Inasmuch as Jefferson’s suggestion was never implemented, we have kept the US Constitution, more or less as written. It’s true that there have been 27 amendments, although the 18th amendment (Liquor Abolished) was negated by the 21st Amendment (Amendment 18 Repealed).  Therefore, there have actually been 25 changes to the US Constitution since 1787.

The first 10 amendments, commonly referred to as the Bill of Rights, were ratified in 1791, only four years after the main body of the Constitution, and given that they were primarily the work of James Madison, I propose that it is fair to include and accept that they, too, accurately reflect the will of the founding Fathers.

Before we consider some specific passages of the Constitution, let’s first mentally adjust our perspective to social norms of the Founding Fathers in the mid eighteenth century:

  • Only gentlemen could exert significant power. A gentleman was first and foremost a landowner. In many cases the land that they held had been granted by the British Crown before the War of Independence.
  • A gentleman was invariably white.
  • Every signatory of the US Constitution was a male.
  • Every signature on the Declaration of Independence also belonged to a man.
    • The closest was Mary Katharine Goddard, who was Baltimore’s Postmaster and an important journalist. She was charged with publishing the Declaration, so at the bottom of the broadside, issued in January 1777, the following appeared, “Baltimore, in Maryland: Printed by Mary Katharine Goddard.”
  • Suffice to say, women could not vote. I find no record of female judges until Esther Hobart Morris served as a Justice of the Peace in 1870.
  • At the time of the Founding Fathers, women were considered chattel (property).

Given these conditions and how they conflict with our norms and mores today (Thank, God) I have a difficult time accepting that strict interpretation is the best approach for the Twenty-first century.

The primary responsibility of the Supreme Court is to review legal decisions to ensure that they agree with the US Constitution. A strict constructionist sees the gold standard as the writings of the Founding Fathers. The Constitution, for example does not address issues concerning communication beyond the printed page. The telegraph, radio, television, internet, and smartphones are outside the instructions left by the Founding Fathers. While the Founding Fathers were well familiar with issues of property and the navigation of the seas, they had no concept of vessels that operate below the seas, in the air above the land, most assuredly of people and equipment that exist and operate above the Earth, on the Moon or on other planets.

Given that, let’s examine some original sections of the US Constitution. The following sections of the original Constitution may have been amended, but the original statement, and therefore strict interpretation best reflects the Founding Fathers’ intention.

  • Section 2, third paragraph: “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years and excluding Indians not taxed, three fifths of all other Persons.”
    • Women counted in the census, although they could not vote.
    • Native Americans were excluded from both being counted and voting.
    • “Other Persons”—in other words slaves—counted as 3/5th of a person, giving states with slaveowners more clout than other states. The more slaves in a particular state, the more representatives that state would have. At the time of the Revolution, the population of the United States is believed to be somewhere between 2.5 million and 4 million. There were about 450,000 enslaved “other persons,” although I cannot determine how they were enumerated in the total.
  • Further down in Section 2, third paragraph, “The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative.”
    • The 450,000 “other persons” is believed to include an estimated 400,000 slaves brought from Africa to the Colonies plus another 50,000 who had been born in the Colonies.
      • Americans in all 50 states owned slaves at that time.
      • The “breeding stock” aspect of slavery was a profitable business
    • The effect of the headcount of both freemen and the 3/5th count of slaves on representation was not trivial. In 1790, New York had 6 representatives, Pennsylvania had 8, while Virginia had 10. The number of slaves tipped the balance in Virginia’s favor.
    • Based on the original verbiage of the US Constitution—“The Number of Representatives shall not exceed one for every thirty Thousand, but each Shall have at least one Representative.” The forefathers were looking at a small number of people in a huge landmass, but today, it’s different. Based on strict interpretation, today, we would be entitled to 11,013 members of the House of Representatives.
  • Section 8, paragraph 7 points out that the Congress shall have the Power “To establish Post Offices and Post Roads.” A strict interpretation expected Congress to establish, operate, and maintain a Post Office. Back then, there were not necessarily roads in existence to provide postal communication. The Post Office needed to build and maintain those roads. Nowhere does it say that Congress can abdicate their postal responsibilities onto a pseudo-governmentally-owned-corporation or hand it over to a political sponsor to disenfranchise voters.
  • Section 8, paragraph 12 states that Congress has the authority “To raise and support Armies, but no Appropriation of Money to that Use shall be for a Term longer than two Years.” The Founding Fathers did not want a standing Army because of the mischief that standing armies in Europe had caused.
  • “To provide and maintain a Navy.” The United States was and is a maritime country. In the time of the Founding Fathers, we were separated from European powers by the ocean, yet we needed to free travel through the ocean in order to maintain trade and commerce.
  • “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions
    “To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.” During the Civil War, for example, the armies of both the North and the South primarily consisted of state militias.
  • Besides slavery being legally recognized, the Constitution in Article IV, Section 2, runaway slaves were to be returned to their owners. This was superseded by the 13th Amendment, which was passed in 1865—well after the Founding Fathers had passed into history.
  • Since the Bill of Rights was written by the Founding Fathers and reflects their views, the 9th and10th Amendments are especially important:
    • Amendment 9 – Construction of the Constitution: The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.
    • Amendment 10 – Powers of the States and the People: 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.

The Federal Government has expanded its authority into areas and in ways that would have shocked the Constitution’s signatories. This has resulted in rights of the individual and the state being impacted–sometimes for the better, sometimes not.

To interpret the Constitution as the Founding Fathers intended is not possible. In college, when a question on an exam asked what an author meant by a particular passage, I would answer in two parts:

  1. No one knows except the original author.
  2. Having established that, the interpretation that you taught is—and I’d regurgitate whatever the textbook or lecture opined.

If, on the other hand, we consider the Constitution to be a more current document, we would have to include the following conditions added by those who were NOT the Founding Fathers. These are not all-inclusive, but do reflect the most significant changes after the Founding Fathers passed on. A strict constructionist should, by rights, ignore every one of these since they are not from the Founding Fathers.

  • The abolition of slavery
  • All persons born in America or born anywhere to at least one American parent are citizens.
  • Voting cannot be denied or abridged on the basis of sex, race, color, or previous condition of servitude.
  • Congress can lay and collect taxes on incomes, from whatever source derived.
  • Attempts to legislate morality, such as Prohibition, have not succeeded.

I recommend that we admit that we’re no longer an 18th century agrarian society and act accordingly.

The US Constitution

Yesterday was Constitution Day, which marks the signing of the US Constitution on 17 September 1787. With all of the turmoil in our society, I struggled to figure out how to write about it without throwing gasoline on anybody’s fire. This is the best I can do.

The constitution is a marvelous document both imperfect and the product of its time. Twenty-five times it has been amended (There are 27 amendments, but the 18th [Prohibition] and the 21st [repeal of Prohibition] cancel one another).

While much of the constitution describes the mechanisms of government, but to me the very soul of the Constitution is its preamble:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

These days I read about people demanding their constitutional rights—a just and reasonable demand. However, without making a judgement about their position, I wonder how many of these people have actually read the Constitution. [Related story]

Sadly, it seems there are too few who acknowledge their responsibilities, as well as their rights. Members of the military and elected officials swear an oath to protect and defend the Constitution from foreign and domestic threats. I have experience with the military, and believe most are, in fact, committed to that oath, to the extent that they are willing to give their lives to do so. I do not have a similar personal familiarity with elected officials. However, I do not believe death is a significant risk for them. As near as I can tell, their risk seems to be limited to not being re-elected.

I suggest that one of the responsibilities we share is to have some familiarity with this marvelous document. I urge everyone to read the US Constitution.

Better yet, make it a habit to read it once a year—on Constitution Day.

Survival of the Republic

Is progress really beneficial? I’ve been contemplating that–seriously–and I’m not sure.

George Washington was unanimously elected by the Electoral College. The initial idea was to avoid political parties. The candidate with the most votes became president, and the second place became Vice President. Therefore, George Washington became President and John Adams the Vice President.

After Washington served two terms, John Adams was elected the president, with Thomas Jefferson in second place and therefore the Vice President. The next election, Jefferson opposed Adams, won, and became president. Voila, the effort to avoid political parties died.

John Adams, who was one of the driving forces for independency, as it was called at the time, was described by others as “obnoxious and disliked.” His personality was matched by a short, rotund body, with few teeth. He might have been brilliant, but was not, in any way, attractive.

If Adams made a harsh comment, in those days, it would have merited little notice. Newspapers of the time were small and printed weekly or less. President Adams pronouncements would have been little noticed outside of Washington, DC.

Today, every comment, statement, quote, burp, or fart is immediately broadcast across the world with video of the incident, commentary, point and counterpoint within minutes.

Washington might survive today’s news cycle. Adams and his successor, Thomas Jefferson, probably wouldn’t.

Think about that. Think about the republic without Adams and Jefferson because of 24/7 cable news. I’m not saying it’s better or worse–I’m just asking you to think about it.

Are we better off today?

Guns

I generally try  to stay away from politics, but sometimes I just need to say something.

I enjoy guns. The wall of my office is a collection of antique firearms–most too old to safely fire, but interesting pieces nevertheless. I have other firearms I enjoy taking to the shooting range at a nearby USMC Base to blow holes in paper targets.

In the past, when deployed, I’ve carried a .45 caliber M1911, a 9mm Beretta, and an M-16. In each case, I was in a combat zone.

Nevertheless, there are rules relating to firearms and they are basic and sensible rules. These are true whether in combat, when you hear a noise in the middle of the night, and any other context.

  1. Treat every gun as loaded
  2. Never point a gun at anything you don’t intend to kill.
  3. Identify your target.
  4. Always be aware of where the muzzle of the weapon is pointed (see above).
  5. Keep your finger off the trigger until you are ready to shoot.

Here is the most important one:

  • You only fire your weapon when there is no other option. Unless you’re in combat in a legal war zone, this means that you can only fire when your life is in danger and you have no other option. That means that your back is to the wall.
  • Someone running away is not a threat to your life.

As I said, I have been armed with an M-16. However, to all the people who insist that they need an AR-15 (the civilian version of an M-16), I have the following advice.

  • If you need a high capacity magazine, you must be planning on killing many people.
  • If not, it means you’re a truly lousy shot who needs 30 rounds to ensure that you hit the broad side of a barn.

Either way, you should not have an assault rifle with a high capacity magazine.

LT (j.g.) Madeline Swegle, We’re Proud of You!

a man holding a sign posing for the camera: ecgspwvwoaipfmv.jpg

I guess it’s easy to let expectations exceed reality.

I spent many years serving in the Navy Reserve and the active duty Navy. During that time, I saw many things progress. I saw female officers command ships. I served with and under a number of female officers.

I was surprised to find out that it has taken the Navy until now to have its first Black female fighter pilot.

I have three things to say:

  1. LT (j.g.) Madeline Swegle – Bravo Zulu! You, and you alone, earned this. Feel free to be proud of yourself.
  2. The next generation of tactical pilots will look to you for inspiration.
  3. And to my beloved Navy–it’s about damn time.

Change comes far too slow far too often. However, when positive change finally occurs, it’s a wonderful thing.

 

Heroes Wear Masks

In the midst of the COVID-19, where are our inspirational influencers?

  • Batman wears a mask.
  • Black Panther wears a mask.
  • Spiderman wears a mask.
  • The Green Lantern wears a mask.
  • Ironman wears a mask.
  • Captain America wears a mask.
  • The Lone Ranger wears a mask.
  • Medical and Surgical teams wear masks.
  • Dr. Fauci wears a mask.

On the other hand, who are the trend setters in the other direction?

  • The Joker does not wear a mask.
  • Jabba the Hutt does not wear a mask.
  • Lex Luthor does not wear a mask.
  • Lord Voldemort does not wear a mask.
  • Captain Hook does not wear a mask.
  • Snidely Whiplash does not wear a mask.
  • Neither Boris nor Natasha wear a mask.
  • [Fill in your anti-mask politician here]

 

 

Making Sense of Life

“For I desired mercy, and not sacrifice; and the knowledge of God more than burnt offerings.”                                                          Hosea 6:6 King James Bible

As I’ve gone through life, this has been a major factor driving me. I’ve erred on the side of mercy and at times it was inconvenient for my career–at that particular moment. Nevertheless, I continued to progress professionally beyond my wildest aspirations.

 

Becoming a Luddite

I have always appreciated technology. I had one of the very first home computers (RCA Cosmac 1802 processor with 256 BYTES–yes, bytes–of memory and a hexadecimal keypad). At last count, I have five computers running in the house. That does not count smartphones, iPads, Kindles, or any devices belonging to other family members.

Every time I turn on the television, the radio, or check online news I get frustrated. It doesn’t matter your political views or whether you like masks or not. It doesn’t matter as to your religious views or lack thereof. The world has raised stupidity to an art form.

If I touch a hot stove, I immediately remove my hand and avoid the heated element. If I taste something nasty, I spit it out and don’t consume any more. If the news disgusts me . . . .

So, don’t expect me to be writing a lot. If I do, it will be written using a real fountain pen in my renowned, mostly illegible, chicken scratch.

Aging

Clocks Challenge - The Winners by annewipf on DeviantArt

I don’t do hip-hop or whatever young people listen to today. If I tried, I’m sure I’d hurt something or maybe even cause some body part(s) to fall off. It would be embarrassing. That’s how Mother Nature ensures that old people will eventually give way to the younger ones. Like it or not, it’s the way it is. It has worked for eons and is not likely to change.

When I was young, I had fresh ideas because I had no clue as to what would work and what wouldn’t. However, as I gained grew older, bold thoughts were more difficult to come by because they were tempered by experience and reality. Today, bold ideas are not my job.

However, that doesn’t mean that I cannot appreciate someone else’s fresh new idea or root for their success. In some cases, I can help younger people with good ideas maneuver through the bureaucratic mishmash that reality throws in their way. I understand mishmashes, especially bureaucratic ones.  That’s where I can help.

The progression from old to new needs to be a collaborative hand-off, not an abrupt change. Outcomes must not be seen as a personal triumph, but instead as a step forward for all of us.

As the saying goes, it’s amazing what you can do if you aren’t concerned with who gets the credit.

I’m Feeling Petty (or is it Petit?)

The Supreme Court of the United States grapples with many important issues and “hands down” their rulings. “Handing down” is meant to imply something like dealing with the gods on Mount Olympus.

However, I do wonder why, when nine of the greatest(?) legal minds are put together, why do they disagree so often? Why are so many decisions 5-4?

Oh.

Silly me.

Politics.

When I took business law in college, the professor advised us never to confuse justice with fairness. The judicial system, he explained, was not fair and was merely a mechanism to resolve disagreements without resorting to duels, trial by combat, or shootouts in the street at high noon.

A pity, as resolving disputes would be far more interesting with those methods. A good shootout would be interesting to watch. The Supreme Court? Not so much.

In any case, today the Supreme Court ruled that adding “.com” to any word makes that word+”.com” copyrightable. Therefore, I’m putting all of you on notice.

Be aware that sfnowak.com is copyrighted. Don’t try to steal it. It’s illegal to do so. The Supreme Court says so. Neener neener neener!

Besides, why in the world would you want to?

Success

When I was growing up, it was still possible—and often expected—that a young man would finish high school and get a factory job with one of the automotive companies in the area. Grandpa had worked there, Dad still did, and Junior would carry on the family tradition.

Success was having a decent wage, benefits, and a pension. It was expected that there were certain trade-offs, such as losing the occasional finger to a punch press or periodically taken from work to the hospital for stitches. The work was mind-numbingly repetitious, but that was just part and parcel of the process. It was okay, though, until manufacturing moved overseas or was automated.

For other people, the self-imposed standard is higher. People study music or art, practice their chosen mode of expression throwing themselves into it, heart and soul. Imagine, after years of study and dedication:

  • The musician finds that the culmination of his talent and effort provides music for telephone callers who are placed on hold.
  • The artist, skilled in a variety of visual techniques, from oil painting to sculpting, ends up producing billboard illustrations.
  • The young model who has posed for a variety of photographs, finds that one of them shows her face on the internet with the captions “All cheaters have one thing in common.”
  • The actor, after years of stage plays in high school, college, and off-off-Broadway finally makes it as a movie only to find that most of his time is spent repeat the same lame line over and over to allow for different camera angles, the reaction of other actors, etc.

I’m grateful for what life has given me, even though (especially?) I’m not in the spotlight.

Juneteenth

The South’s “Peculiar Institution”of slavery allowed wealthy property owners to have millions of laborers work without pay. Not only was this free labor valuable, but selling the children of slaves was profitable as well.

The American Civil War was initially fought by the North to preserve the Union. This was after years of conflict, both in the legislature and elsewhere, regarding slavery, especially regarding which new states endorsed their citizens to buy and sell human beings.

The Civil War began on 12 April 1861. Under his war powers, Lincoln issued the Emancipation Proclamation, which freed the slaves in all states engaged in armed conflict with the Union on 1 January 1863. Any slave who reached Union territory or if Union military lines reached them, they were, by law, free.

The South ignored the Emancipation Proclamation, even when the war ended. In Galveston, Texas, African Americans who had legally been free since 1863 only found out on Juneteenth, 19 June 1865, when Union Army General Gordon Granger read the federal orders that all slaves in Texas were free.

That is why Juneteenth is such an important day and should soon be a national holiday. How could we not honor and celebrate it?

 

Southern History

Although I was born, grew up, and was educated all the way through graduate school in the North, I have lived in the South—on and off—for several decades. I’ve worked with people whose ancestors fought against the Union during the Civil War. Some were members of “The Sons of the Confederacy” and had a whole different perspective on the Civil War than the one with which I was raised.

I love history, so I listened to their viewpoint with as unbiased a mind as possible. After all, it is normal for history to be adjusted as additional facts are uncovered. Recently, I did a little research and here are some interesting facts and figures from credible sources.

DISCLAIMER: Some of my ancestors may have been heroes, villains, or just plain folks trying to get by. I cannot control my ancestors, but I can maintain my own set of values and accept or reject their actions. I do not hold others responsible for their ancestors’ actions, only their own. In that frame of reference, here are some of the data that I found.

  • Records indicate that 1,082,119 men served in the Confederate Army, throughout the Civil War, although not all at the same time.

I tried to determine how many Confederate soldiers owned slaves. Nowhere is that number directly reported, but the following statistics are:

  • According to the 1860 US census—just before the Civil War—more than 32 percent of white families in those states which would secede from the Union owned slaves.
  • There were approximately 2,880,000 slave owners when the Southern population was about 9 million people.
  • There were estimated to be more than 3½ million slaves in the South. (For full disclosure, there were also 432,586 in the border states—those states that did allow slavery but did not secede from the union.)
  • Some slaveholders in the South did not actually own the slaves who worked for them, but instead rented them from slaveowners.

I suspect that the numbers reported in the 1860 census were reasonably accurate, since each slave counted as 3/5 of a citizen toward the number of Congressional representatives, Electoral College votes, etc. (Isn’t it ironic that there has recently been pressure to count only citizens? The founding fathers from the South wanted ALL people counted since it benefited them.)

Based on the data I acquired:

  • There were more than 3 times as many slaves in the South as there were soldiers who fought for the Confederacy.
  • If the total population reported in the census included slaves at the 3/5 ratio, then the white population of the South was closer to 6.8 million. In which case one-third of the actual population of the South would have been enslaved persons.

In addition:

  • After the Civil War, many slaves were not told that they were free. In fact, by virtue of the Emancipation Proclamation, those enslaved people in the Confederate States had been freed on 1 January 1862.
  • Juneteenth celebrates 19 June 1865 when Union General Gordon Granger read federal orders in Galveston, Texas—one of the most remote locations—the first news those slaves had that they were free.
  • The border states either freed their slaves by state law or else by the Thirteenth Amendment to the Constitution, which was ratified in December 1865.

A couple of thoughts.

  • For several centuries—in the Land of the Free—some people believed it was good business to have a workforce that was not paid, had no rights, and could be beaten, bought, and sold at will.
  • For more than a century after that, there have been some people who seem to be wishing for a return to those days.
  • If you ask many of those waving the red flags with the “X” what they are, they will probably misidentify it as “the flag of the Confederate States of America.” It’s not—it’s a battle flag. The Confederacy went through a number of national flags.
  • If you really want to have fun, ask them which former US President became a Confederate legislator. (John Tyler)

One final trivia item – Many people talk about freedmen (former slaves) owning slaves themselves. There is truth to this, but most of these freedmen owned one or a small number of slaves. Why? Historians believe that once a man or a woman was freed, they would purchase their spouse and, if possible, their children. If so, this was not slavery, it was a family struggling against all odds to be together.

 

Thanks to:
https://www.history.com/
American Battlefield Trust

Monuments?

In order for the nation to figure out its future, it must first figure out its past–in particular, the appropriateness of monuments to the Confederacy.

Let’s start with one authoritative source, Robert E. Lee. Lee, a top graduate of West Point who had served in the US Army for 32 years. As a commissioned officer, he had taken an oath to the US Constitution. He chose–albeit difficultly–to disregard his oath, choosing Virginia, his state, over the United States of America, his country.

After the war, “He swore allegiance to the Union and publicly decried southern separatism, whether militant or symbolic.”

“I think it wiser,” the retired military leader wrote about a proposed Gettysburg memorial in 1869, “…not to keep open the sores of war but to follow the examples of those nations who endeavored to obliterate the marks of civil strife, to commit to oblivion the feelings engendered.”

As regards the erection of such a monument as is contemplated,” Lee wrote of an 1866 proposal, “my conviction is, that however grateful it would be to the feelings of the South, the attempt in the present condition of the Country, would have the effect of retarding, instead of accelerating its accomplishment; [and] of continuing, if not adding to, the difficulties under which the Southern people labour.”

Many of the Confederate monuments were not erected until the late 1800s and early 1900s. While the stated purpose was to honor those who fought, many–including myself–believe that it was a blatant trumpeting of white supremacy.

Why are the number of people who today condemn the monuments increasing? The list of reasons is long and growing, but let’s look at one–just one–reason.

Treason.

In law, treason is criminal disloyalty, typically to the state. It is a crime that covers some of the more extreme acts against one’s nation or sovereign. This usually includes things such as participating in a war against one’s native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor.[1]

The Southern states took up arms and engaged in war against their own nation. The individuals involved were traitors–Lee, Jackson, Bragg, and all the others. They may have been brilliant, but they were still traitors. In other times or countries, such as England, traitors were subjected to the horrors of being drawn, hanged until they were almost–but not quite–dead, eviscerated while still alive, decapitated and their bodies divided into quarters.

Such is not the American way. Instead, the Southerners were welcomed back, if they chose–like Lee–to once again honor their nation.

However, there is no good, logical, rationale reason to build monuments to traitors.

(Thanks to PBS and Wikipedia for much of this material. Links are embedded for your convenience.)

 

 

Black Lives Matter

I am totally unqualified to write this. If I am wrong, please correct me.

I’ve never been pulled over for driving because of my color. I’ve never had to have “the talk” with my sons. I’ve never been watched suspiciously while shopping.

I am not black. If I were, I wouldn’t be able to say the things I wrote above.

To me, “Black Lives Matter” is an attempt to make the first very tiny step to address 400 years of inequality, oppression, and cruelty.

It’s about damn time,.

 

 

A Solemn Oath

An oath is defined by Merriam Webster as:

(1) : a solemn usually formal calling upon God or a god to witness to the truth of what one says or to witness that one sincerely intends to do what one says

(2) : a solemn attestation of the truth or inviolability of one’s words – The witness took an oath to tell the truth in court.

An oath is a sacred promise. While this might not carry as much weight today as it once did, it does for most of those who take an oath. It is a commitment that not only defines what a person agrees to do, but also defines who that person is.

Oaths are used for major offices, including members of Congress, judges, and other elected officials. For example, Presidents swear the following oath at their inauguration:

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.[

Commissioned and warrant officers in the United States uniformed services swear the following oath:

I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.[1]

Each person enlisting in an armed force swears to the following oath:

I, (state name of enlistee), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. (So help me God).”

Those in the National Guard take similar oaths, adding their obligations to their state or territory.

The common factor is that the core of each oath is the commitment to the US Constitution. Those in the military are pledging their lives. I’ve seen enough inverted rifles, boots, helmets, and dog tags to know that those in uniform really mean it.

That’s what makes the US what it is.

I Told You So!

Back in my healthcare days, there was a general practice physician who delivered babies, which back then was still quite common. This was long before ultrasound could provide an image of sufficient clarity to determine sex, so the reveal didn’t occur until the baby was born.

Naturally, soon-to-be parents back then were as interested in knowing as much about their child as parents are today. This physician’s solution was to tell the mother during a routine prenatal visit that her baby was a boy. At the same time, he’d write in her chart “girl.”

After the birth, if it was a boy, he’d say, “I told you so.” If it was a girl, he’d show her the entry in the chart.

[If I had a clever segue, it would go here.]

I have been trying to avoid most of the alleged news–and that refers to every single outlet, from ABC to Zee in India because my blood pressure is high enough already, thank you. The news reports are:

  • The COVID-19 pandemic will be around for years if not centuries.
  • We’ll have a vaccination in a few months and COVID-19 will be obliterated.
  • Mail-in ballots suffer from voter fraud.
  • Some states have been using mail-in ballots with no problems; the President and his Press Secretary vote by mail and have done so for years..
  • The economy is great–look at the stock market.
  • The economy is terrible–look at unemployment.

Like that old doctor, I think the only thing to believe is the news media is positioning itself to be able to say, “I told you so.”

It Will Never Be a Movie

If the Coronavirus COVID-19 were a movie treatment, it probably never would get made. Look at the plot elements:

  1. A deadly disease begins in a faraway city known for both selling live exotic animals for food and for having a secret government lab.
  2. The disease is viral. Viruses, unlike bacteria, do not respond to antibiotics. Since a virus is not actually alive, it cannot be killed, only neutralized.
  3. The disease preferentially attacks the poor, minorities, the aged, females, and people with pre-existing medical problems.
  4. Some who are infected by the disease show no symptoms, but are carriers of the disease and can transmit it to others.
  5. Some of those infected exhibit flu-like symptoms, are misdiagnosed. The defining symptom, death, follows soon thereafter.
  6. Some adult patients show no obvious symptoms, except upon examination, it is discovered that their oxygen levels are dangerously low, which can lead to death.
  7. Children, at first were believed to be asymptomatic, later many develop a whole host of symptoms that are completely different from those experienced by adults.
  8. Politicians, faith healers, scammers, etc. seize the opportunity to amass wealth and/or power.
  9. Much of the protective equipment, drugs, and medical supplies needed to handle the disease are produced in the country from which the disease originated. Many US companies had moved manufacturing offshore to save money; there is insufficient manufacturing capacity in the US.
  10. Scientific experts advice is ignored while the Internet and other sources promote a variety of alleged cures, treatments, and religious talismans–none of which seem successful.
  11. There is insufficient capacity to test all suspected cases, so the number of people affected are likely under reported. Some cases are only diagnosed after death, when an autopsy is performed.
  12. State and local governments discourage people from engaging in activities that spread the disease, encourage the use of masks to protect others, and maintaining a six foot buffer between people.
  13. With workers unable to do their jobs, the economy suffers. People are laid off or lose their jobs.
  14. The number of confirmed cases in the US approaches 1.5 million confirmed cases, with nearly 90,000 deaths. These numbers only include patients who were tested or otherwise diagnosed.
  15. Some claim the disease is caused by a new cellular telephone system; others call it a hoax; still others see it as a conspiracy to restrict constitutional rights.
  16. Armed dissidents, encouraged by a variety of sources, protest the social distancing, stay-at-home orders at the state capitals, clustering in large groups, usually without masks.
  17. In the meantime, the country from which the disease arose and several of its allies launch cyberattacks on the US to steal medical secrets relating to healing or preventing the disease–and anything else they come across, once they get inside a computer.
  18. As US cases seem to slow their rate of growth, state and local governments relax social separation. People immediately return to pre-pandemic behaviors and the dissidents declare victory.

The screenplay ends here. The audience is left in limbo, unsure whether the disease is indeed winding down, or preparing for a second wave. Unsure as to the future of the economy.

As I said at the beginning, no studio would ever consider wasting time on a script for this scenario.

Unintended Consequence

I managed to hang onto most of my hair until relatively recently. I felt pretty good about that, especially since one of my sons is follicly challenged to the point where he shaves those lonely hairs on his head. Nevertheless, things are catching up with me now.

In the sixties and seventies (the 1960s and 1970s–not my 60s and 70s) long hair was in vogue. My hair was curly, so I never looked as cool as Sir Paul McCartney. In those days, unfortunately, Brian May (Queen’s outrageously talented lead guitarist) was recognized for his musical talent–not his hair–so straight hair was far more cool.

Due to work rules, I kept my hair short for year, but I promised myself that when I was no longer limited, I’d regrow my Van Dyke beard and add a ponytail to my hair.

Alas, it was not to be. The beard was a nonstarter. I let it grow for a week once when we were on vacation, but it was an ugly shade of grey that made me look at least 30 years older than I was. If you had put me and Obi Wan Kenobi together, he would have looked like an innocent youngster compared to me.

With COVID-19, I’ve been self-isolating for nearly two months. I still shave most days, but no haircuts. So how does this work out for my decades-long desire to look cool? Not very well

When I get up in the morning and look in the mirror, I must admit that I look quite a bit like a movie star celebrity.

Between the balding and the curly hair, I look like a chubby version of Larry from the Three Stooges.

 

Yes, But Is It Funny?

Humor is the ability to lead the reader or listener down one thought and suddenly surprise them with a hard left turn.

A priest, a Rabbi, and a Protestant minister walk into a bar.
“What is this,” the bartender asks, “some kind of a joke?”

Today, with everything going on in the world, it’s hard to think of anything funny to write about, especially if one tries to avoid rubbing salt into somebody’s emotional wounds.

I have desperately tried to find the humor in things, but lately have failed.

As soon as I think of something humorous, I’ll write about it.