Showing posts with label courts. Show all posts
Showing posts with label courts. Show all posts

Thursday, November 13, 2008

A Menagerie of Naturalist Ideas

Bigotry by the Opressed Against the Oppressed

"[T]here is something particularly galling and repugnant about people who have felt the sting of discrimination, turn around and step on another minority. What happened at the ballot box feels like a personal betrayal and the hijacking of history.

"To the Mormons who bankrolled the bigotry, religious discrimination is awful, as long as it is happening to them. For the black people who voted for Proposition 8, the civil rights movement was about emancipating black people - and no one else seems to matter. These solipsistic individuals and their prejudiced pastors appear to lack an ember of empathy and have turned freedom into a private fiefdom.

"The civil rights movement was much larger than the plight of black people, just as the fight for religious freedom is bigger than Mormons. Martin Luther King Jr. had a dream that all people are equal under the law and should be judged by the content of their character. Barack Obama largely embodied this universally appealing message and this is why he made history.

"There is a lot of blame to go around for the failure of Proposition 8 and the first step to healing and moving forward is honesty. Let's not pretend that the repudiation of Martin Luther King Jr's dream by African American voters did not hurt more than, say, rejection by white evangelicals. It did." Wayne Besen - Daily Commentary

The Purpose of Judges, and the Constitution

"The most fundamental question a Supreme Court justice must answer is what in fact do the individual’s rights to life, liberty, property, and happiness include? Only then can he determine if a certain law or government action is securing or violating those rights. But no justice asks this question anymore because none believes it objectively answerable.

"Instead, and broadly speaking, judicial conservatives ask what privileges did American society at the time of ratification grant the individual. So when modern legislators make criminal offenses out of abortion, contraception, homosexuality, and other acts said to be frowned upon centuries ago, conservative judges feel duty-bound to stand aside and do nothing. To conservatives, it’s meaningless to ask whether the right to liberty in fact includes the right to use contraception (a question 18th-century Americans may have answered incorrectly). The only question is whether society at that time meant to permit this action.

"John McCain [ ] pledged to appoint judges in this conservative mold.

"Judicial liberals reject this worship of bygone days. Instead, liberals see constitutional values evolving like a motion picture, constantly updating to reflect current social mores. So when Congress declares federal dominion over every nut, bolt, and button of American industry, liberal judges feel duty-bound to stand aside and do nothing--not because earlier Americans intended to allow such controls, but because modern Americans want them. To liberals, it’s meaningless to ask whether the right to liberty in fact includes freedom of trade and contract (a question that a majority of Americans may be answering incorrectly today). The only question is whether the “will” of today’s society favors permitting such actions.

"Barack Obama has pledged to appoint judges in this liberal mold.

"But conservatives and liberals are both wrong about rights. It cannot be true that rights come from society. The very concept of a right identifies the actions you can take without anyone’s permission. Rights are not social privileges but objective facts, identifying the freedoms we need to live our lives--whether a majority in society agree or not. This is why the Founding Fathers dedicated their new government to the protection of each individual’s already-existing rights to life, liberty, and the pursuit of happiness.

"Thus, the Fifth and Fourteenth amendments forbid the government to deprive you of “life, liberty, or property” (except when you have violated someone else’s rights, and even here the government must follow due process, such as holding a trial). The Ninth Amendment safeguards all “rights” not listed elsewhere. These principles encompass all the innumerable actions required for your survival and happiness over a lifetime--the right to make a contract, earn a profit, build a house, make a friend, speak your mind, and so on.

"Because the Constitution is the “supreme Law of the Land,” judges are duty-bound to strike down statutes that violate rights. This is not improper “judicial activism” but the robust, constitutional power of judicial review." Copyright © 2008 Ayn Rand® Center for Individual Rights. All rights reserved.

An 8-Year Old Murderer is Not an Adult

"An 8-year-old Arizona boy charged with murdering his father and another man appeared in court on Monday. Police say the boy confessed to shooting the two men with a .22-caliber gun, but his defense attorneys told reporters that "there could have been improper interview techniques done." What's the "proper" way to interrogate a kid?

"With kid gloves. Based on the principle that juvenile suspects may not fully comprehend a Miranda warning, most states mandate some form of added protection for children under the age of 16. In at least 20 states, police must notify the child's guardian before questioning; and in at least 13 states, either a parent or an attorney must be present.

"Under Arizona law, the state carries the "burden of proof" in juvenile interrogation cases. That is, there's a presumption that the child's statements were made involuntarily unless a preponderance of evidence indicates otherwise. The Arizona Supreme Court ruled in State v. Jimenez that in determining whether a confession was voluntary (and therefore admissible), a court should evaluate the child's age, education, background, and intelligence, plus whether the child's parents were present, whether he was in good mental and physical health during the interrogations, and whether he has a mental illness.

"There's evidence to suggest that juvenile suspects are more likely than adults to make a false confession. A 2004 study of 326 exoneration cases found that 13 percent of adults had falsely confessed, compared with 44 percent of suspects under 18 years old.

"Law-enforcement officers are often trained to conduct interrogations using the Reid Technique, which involves direct confrontation, physical gestures to appear concerned, and preventing the accused from denying the crime outright. Practitioners are encouraged to use the same methods for children as for adults. This helps explain why children are more likely to offer up false confessions." Slate.Com




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Saturday, September 27, 2008

The Atheist in A.A. Part II;

How Does An Atheist Navigate Alcoholics Anonymous?
Part II
Working Within the A.A. Idea


(All phrases you will read that are between " " are phrases written in approved A.A. literature. Any phrase you see in italics are phrases used in A.A. but are not necessarily part of any A.A. approved literature--like One Day At A Time, Easy Does It, or Keep Coming Back 'Till You Want to Come Back. I will supplement the official phrases with references, or with live web links from the Big Book, so you will be able to read it for yourself. The Big Book is online free, by the way, and you can--and should--look at it, either online or in a book. http://www.aa.org/bigbookonline/
However, as authors will do, some of what you see in italics are my own writing of things I wish to set apart from the rest of the text.)


In AA we have "12 Traditions" as well as "12 Steps". Tradition One is "Our Common Welfare should come first; personal recovery depends on AA unity." http://www.aa.org/bigbookonline/en_appendicei.cfm

Entering an AA group, knowing people in that group are going to talk about God, higher powers, and spirituality, is for most atheists an unsettling experience. It was not unsettling for me--not in the beginning. I was familiar with A.A. through AlAnon, which is for people who have friends or family who are alcoholics.

Just being with that group helped keep me sober day by day, so that I did not drink in front of the person I was trying to understand and to help.

How do you become a member of a group? Tradition Three states: "The only requirement for A.A. membership is a desire to stop drinking." http://www.aa.org/bigbookonline/en_appendicei.cfm

I have heard many people say they came to their first A.A. meetings with a closed coffee mug full of booze; or that they went to a meeting every day without fail, then left the meeting to go get drunk with their friends.

But they had a desire to stop drinking. They simply didn't know the way, which is to listen, to learn, and to act on what you learn. If you get sober at an in-house clinic somewhere, they will probably use parts of the A.A. program, initiate you in it, and then on your way out the door tell you that the only way to remain sober is to keep going to A.A. meetings! more

The Academy's "Strong Position" on Naturalism

Given the divided nature of the many categories of "Naturalism," which include "strong" to "weak" definitions, it is necessary to state the position of this Academy as "strong;" and just as necessary to add the caveats at the end in order to distinguish this Academy of Metaphysical Naturalism from other metaphysical schools and schools of naturalism:

"Naturalism, challenging the cogency of the cosmological,i mechanical,ii and moral argumentsiii, holds that the universe requires no supernatural cause and government, but is self-existent, self-explanatory, self-operating, and self-directing, that the world-process is neither mechanistic nor anthropocentric, but purposeless, deterministic (except for possible tychistic* events), and only accidentally productive of man; that human life as physical, mental, moral and spiritual phenomena, are ordinary natural events attributable in all respects to the ordinary operations of the laws of nature; and that man's ethical values, compulsions, activities, and restraints can be justified by non-reductive monism, http://freeassemblage.blogspot.com/2008/09/non-reductive-monism.html without recourse to supernatural sanctions, and his highest good pursued and attained under natural conditions, without expectation of a supernatural destiny." (amended from B.A.G.Fuller http://www.ditext.com/runes/n.html see Naturalism)

(*Tychism: any theory which regards chance as an objective reality, operative in the cosmos; [ibid])

[definitional caveats] [click here for continuation] Academy's Strong Definition of Naturalism

Atheism is Protected by the Constitution--As Religion

For the purposes of protection under the First Amendment, the U.S. Court of Appeals for the Second Circuit (May 13, 1997), decided the Orange County N.Y. Department of Probation could not force Robert Warner, an atheist, to attend religion-based alcoholic treatment programs against the dictates of his own beliefs.

The district court agreed with Mr. Warner's argument that these meetings involved a substantial religious element. Participants were told to "believe that a Power greater than ourselves could restore us," and that they must "turn our will and our lives over to the care of God as we understand him."

In addition, the "Step" program ordered those participating to "Admit to God ... the exact nature of our wrongs," be "entirely ready to have God remove all these defects ... (and) ask Him to remove our shortcomings," and to seek "through prayer and meditation to improve our conscious contact with God, as we (understand) Him. The meetings were also punctuated with frequent prayers of a Christian nature.

"Four months into the program Mr. Warner complained that, as an Atheist, he found the meetings objectionable due to their religious nature. It was then that his probation officer determined that Warner lacked sufficient commitment to the idea of learning the techniques of remaining sober, even though he apparently had not been found in violation of his probation orders to remain sober!

"Attorneys for Mr. Warner relied on a number of legal precedents, including:" [refer to link] http://www.atheists.org/flash.line/alanon1.htm [click here for the continuation] Atheism is Protected by Law


Tuesday, September 23, 2008

The Last Nail in the American Fascist Takeover

You Are Losing the Right to Challenge Fed Policy In the Courts of America
Naturalism is a way of thinking, an epistemic "modus operandi." Alone, it is not a strict philosophical system, as is evident by the many variation of naturalism. But the one thing all variations have is the justification for seeing natural laws in all things, and humans are no exception. We too operate by natural law, but natural law for humans is more than following our biological and environmental influences to their ends.

Natural law for humans is following reason and free will to its natural ends, overcoming where necessary the influences of biology and environment, and whatever else may not be of the will and/or of reason.

Economics is necessary to human nature. The first person in history to exchange in barter one thing for another created the field of economics, and it had to happen. It was only a matter of time before money had to be created, because bartering means you must have possession of the item that someone else wants in order to get what he wants. Money, when its standard is accepted, is much easier to carry in your pocket or purse than a chicken.

Capitalism is the economic form proper to naturalism because it requires no coercion, works automatically when left alone, and creates wealth which is distributed within a civilization by the simple means of: "He who has capital exchanges it for material or services owned or provided by someone else, of which material or services he needs or desires, but does not purchase for altruistic ends."

Rational egoism, not altruism, is naturalistic human nature in the field of psychology. Capitalism is the naturalistic psychological desire on the part of egoism to want to be fair in economics. Any form of economics that is not laissez faire is less than the fairness demanded by rational egoism. That automatically defines capitalism as the rational psychology of dealing fairly with other humans in the field of economics.

The following is not fair:
Not only has the U.S Treasury Department "included foreign banks into this crazy scheme [to save Wall Street] but they've also included this gem in section 8:
'Decisions by the Secretary pursuant to the authority of this Act are
non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.'"

By what Article of the Constitution is the Congress permitted to extend to any function of the Federal Government the unsupervised authority, unreviewable by any Court in the land, to act in the manner of a fascist regime and dictate all the the elements of economics by which an economy must operate?


Bush and Paulson are acting in the manner of fascist economic tyrants. Do you think "fascist" is over-reaching or reactionary? Here is the definition:
"In economics, fascism [is] seen as a third way between laissez-faire capitalism and communism. Fascist thought acknowledge[s] the roles of private property and the profit motive as legitimate incentives for productivity—provided that they did not conflict with the interests of the state." [italics added] http://www.econlib.org/library/Enc/Fascism.html


To that I should add a huge exclamation point, but by adding it I am admitting my dismay that anyone could think such economic "middle ground" "acknowledges the role of private property." It certainly does not. If private property was properly acknowledged, such legislation would not put a gun in the hands of Paulson and his department.

Why do I say the Treasury Department and the Fed would have guns in their hands? Because "the word fascism comes from the Latin fasces, meaning a bundle of rods with an axe in it."

This "bundle of rods with an axe in it" was used to initiate force against other persons, specifically for the purpose of preventing dissention and for bringing the form of "order" that was desired and acceptable to those wielding the fasces.

Mirriam-Webster Online defines fascism as "a tendency toward or actual exercise of strong autocratic or dictatorial control" and indicates "instances of army fascism and brutality."
Still another source says of fascism that it "rejects the liberal doctrines of individual autonomy and rights, political pluralism, and representative government..." [italics added.] http://www.publiceye.org/eyes/whatfasc.html

This rejection of individual sovereignty with its inherent rights to act in its own best regard by the just qualities of non-coercive capitalism, this rejection of political pluralism and representative government, is the complete description of the epistemic roots of fascism.
While that description does not cover all the methods used to implement such rejection, the wielding of a fasces in the ancient world is replaced by the gun in our world. Who ever thinks he will operate outside the sphere of total government control is he who will not be prosecuted but summarily fined or jailed without any recourse to the courts.

The only honest appraisal I found of what is going on epistemically was from a left-wing blogger who wrote:
"Even if nothing good comes out of the Bush administration's proposed $700 billion intervention in the mortgage crisis, maybe we can get U.S. economic leaders to stop pretending they're capitalists. Capitalists who expect the government to bail them out when the economic roller-coaster they've been pillaging runs off the track, as it inevitably must, are not capitalists -- they're beggars looking for a handout from the same hand they've been biting for years. That the supposedly laissez-faire Bush administration has to ask Congress to rescue the financial system is a humiliation and a repudiation of decades of Republican Party economics. Where were the market 'corrections' to prevent the meltdown?" [italics added] http://viewsfromtheleftcoast.blogspot.com/

The dog-eat-dog lobbyists have finally gotten what they deserved. But the American public deserved better. The American public deserved the protection of the government against such dog-eat-dog lobbying and policies and legislation and court reviews.

Now it seems, if this legislation before Congress is passed with Section 8 intact, [see above] then no court in the land will have the jurisdiction to arbitrate and judge this new economic fascism. The American people will have lost, capitalism will have lost, justice will have lost, and we might as well all go out and get our own fasces and use them against the government officials who use them against us.

As I recall, self-protection is still a right in this country.

For another perspective on this subject, titled:
Welcome to the final stages of the coup...
Please click on the linked title above.

Yesterday's Academy Post Turns Into Today's American Headline: "The Jihad Prevention Act"

Sharia Law in Britannia

"Dear Curtis, Last week we learned that Islamic sharia law is now being followed in numerous cities in Great Britain, enforced by sharia courts. News reports indicate as many as 100 cases have been heard in such courts. Thus continues the tragic saga of Great Britain’s capitulation to militant Islam. The good news is that here in America the threat of sharia law is gradually getting the attention of more and more elected representatives. The latest illustration of this is the report below, carried on the “Muslims Against Sharia” website, that Congressman Tom Tancredo has proposed legislation called the “Jihad Prevention Act.” However, because Congress is trying to wrap up its business for this year, coupled with the fact that it is trying to grapple with the financial sector meltdown, it is a virtual certainty that Congress will not take up Tancredo’s legislation this year. But every time someone like Congressman Tancredo introduces legislation, or Congresswoman Sue Myrick puts forth a plan to “wake up America” to the threat of radical Islam, progress is being made. Progress is being made!" http://www.actforamerica.org/index.php/learn/recent-news

Tancredo Proposes Anti-Sharia Measure in Wake of U.K. Certification of Islamic Courts “Jihad Prevention Act” would deny U.S. visas to advocates of ‘Sharia’ law, expel Islamists already here WASHINGTON, DC – Amid disturbing revelations that the verdicts of Islamic Sharia courts are now legally binding in civil cases in the United Kingdom, U.S. Representative Tom Tancredo (R-Littleton) moved quickly today to introduce legislation designed to protect the United States from a similar fate. According to recent news reports, a new network of Sharia courts in a half-dozen major cities in the U.K. have been empowered under British law to adjudicate a wide variety of legal cases ranging from divorces and financial disputes to those involving domestic violence.

“This is a case where truth is truly stranger than fiction,” said Tancredo. “Today the British people are learning a hard lesson about the consequences of massive, unrestricted immigration.” Sharia law, favored by Muslim extremists around the world, often calls for brutal punishment – such as the stoning of women who are accused of adultery or have children out of wedlock, cutting off the hands of petty thieves and lashings for the casual consumption of alcohol. Under Sharia law, a woman is often required to provide numerous witnesses to prove rape allegations against an assailant – a near impossible task.

“When you have an immigration policy that allows for the importation of millions of radical Muslims, you are also importing their radical ideology – an ideology that is fundamentally hostile to the foundations of western democracy – such as gender equality, pluralism, and individual liberty,” said Tancredo. “The best way to safeguard America against the importation of the destructive effects of this poisonous ideology is to prevent its purveyors from coming here in the first place.”

Tancredo’s bill, dubbed the “Jihad Prevention Act,” would bar the entry of foreign nationals who advocate Sharia law. In addition, the legislation would make the advocacy of Sharia law by radical Muslims already in the United States a deportable offense. Tancredo pointed to the results of a recent poll conducted by the Centre for Social Cohesion as evidence that the U.S. should act to prevent the situation in Great Britain from replicating itself here in the United States. The poll found that some 40 percent of Muslim students in the United Kingdom support the introduction of Sharia law there, and 33 percent support the imposition of an Islamic Sharia-based government worldwide.

“We need to send a clear message that the only law we recognize here in America is the U.S. Constitution and the laws passed by our democratically elected representatives,” concluded Tancredo. “If you aren’t comfortable with that concept, you aren’t welcome in the United States.”

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