Saturday, October 19, 2019

All the News that's fit to print?

Or "The US media is as liberal as the large corporations that own them."

Part of propaganda is to stir up the emotions.

And no country does it better than the good old USA!

Unfortunately, my reaction when I saw all the gushing on about the Kurds was to think: "When the fuck has the US ever really cared about the Kurds?"

That wasn't the response that the US Media was hoping to elicit from me. I was supposed to be upset about what was going on in Syria.

Well, in another way than it is a mistake that has come back to bite the US in the ass.

Trump talks about fake news, which the US Main Stream Media likes to pretend it isn't. But there is a definite bias there.

FAIR.org has a fantastic piece on how most of the reporting on the situation in Syria misrepresents the facts.

You might want to compare NATO Secretary General Jens Stoltenberg's comments to Erdogan to Trump's letter.

Not sure what to say about Trump's handling of the situation, but I will say he is the perfect distraction for what is really going on right now. It's really easy to blame Trump for a situation which should never been allowed to have happen.

Friday, October 18, 2019

What's the alternative?

I hear a lot of people criticising Trump for the Syria thing, but I don't see any alternative solutions being offered. The problem is that this was a time bomb where the US was acting with NATO ally Turkey in Syria.

The Kurds were good for being proxy troops for the US, but they were a problematic ally. First off, the Turks (and US) lists them as being terrorists. Secondly, the Kurds' loyalty was to themselves and their goal of a nation. That was a goal that the US could never honestly promise. And while the Kurds will happily fight anyone: they won't do it for someone else unless the someone else is going to protect them.

That leads to problem one: the Kurds will shift loyalties to who ever will protect them. They were fighting with Assad early in the conflict. The US lured them away, but the Kurds made it clear that they would switch back to Assad if the US stopped protecting them. The problem is that the military isn't the body that makes the decision: the politicians are. The military isn't supposed to question: it's supposed to obey.

And the military can't make too many friends in a place where there are rapidly changing allegiances such as the Syrian Civil War. Learn a lesson from the Kurds, your loyalty is to yourself first.

The Kurds were an American ally against ISIS, not Turkey. The United States made no commitment to protect the Kurds against the Turkish army, much less assist them in maintaining a degree of independence in northern Syria that I know about. The United States was entitled to pursue its own interests in the region without some form of formal agreement. Neither Trump nor Obama defined those interests in a way that would justify a deepening military engagement in Syria. 

Leaving the few soldiers in the Kurdish zone endangers American lives. The Generals who felt strongly could have disobeyed orders if they felt such a strong tie to the Kurds, but then the blame would fall on them for endangering their troops in a Turkish invasion.

Next problem: the NATO Treaty.  The Treaty is a formal agreement, unlike whatever was between the US and Kurds. The existence of a Treaty ruled out a military response of any sort. A no-fly zone would be a no-no. Nothing says betrayal like shooting down an Ally's airplane.

On the other hand, Congress could declare war on Turkey if they feel as strongly as they purport to, but they won't.

The only real options are economic or diplomatic. The only real difference between what I would have done and what Trump did would have been to get international action to prevent the Turkish invasion. I also would have begun working on an exit strategy earlier. The Turkish invasion of Syria was not something which was in any way a surprise, yet no one did anything to prevent the problem.

The big problem is that there is a lot of bluster here. Congress is blustering. The Generals are blustering. The Turks are blustering. Trump is Blustering.

It's easy to play the blame game, but this was a disaster waiting to happen.  Too many people failed to act to prevent the problem.

At this point, the US should take a deep breath and look at how it got into yet another mess.

See also:

Wednesday, October 16, 2019

If Barack Obama made a really stupid decision about US troop deployment: wouldn't we hear about it?

Something that Senator Lindsay Graham would describe as “the dumbest idea in the world.”

What I am describing is something that would put the US into conflict with a North Atlantic Treaty Organisation member.

Something which should have had congressional approval before being implemented. Something along the lines of funding an organisation which the US State Department lists as being a terrorist organisation.

Yet, that is exactly the situation that happened in Syria. After all the person who was president when the American-led intervention in the Syrian Civil War was Barack Obama.

There are a lot of things which stink to me about the US coverage of this event. The main one is the sudden sympathy for the Kurds.

But even more bothering is that Donald Trump is being blamed for something which sits squarely on Barack Obama's shoulders.

Yet even people who would have attacked Barack Obama are criticising Trump for this situation.

Trump was right? or who really committed treason?

Treason is the only crime defined in the US Constitution (Article III, Section iii):
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
Prosecutions under this section are rare since it requires the act to take place during war time.

I'm no fan of Donald Trump.

On the other hand, whose administration decided to arm a group on the US State Department's list of Terrorist organisations. An action that would eventually lead to conflict with a NATO treaty ally?

Of course, you can't just blame Obama since congress knew, but did nothing about it. In a previously posted video, Lindsay Graham asks about the Kurds being listed as terrorists. Sen. Graham was among the harshest critics of Trump’s decision this week. Graham was once sympathetic to Turkish concerns and called the partnership with the Syrian Kurds “the dumbest idea in the world” in an April 2016 Senate hearing, given the PKK connection (clip mentioned above).

The question is who in the US was in charge on September 22, 2014 when the US began its involvement in Syria!

See also:

Monday, October 14, 2019

Syria, Trump Derangement Syndrome, and the Media

I have to admit to being baffled by the current reaction to Trump's decision to remove 50-250 soldiers from the Kurdish held area of Syria. Probably because I am somewhat aware of the situation, which means I see this as nothing new.

I'm no fan of Donald Trump, but the way the current Turkish invasion has been portrayed seriously makes me question the bias of US media. There has been absolutely NO discussion of some serious background points that put an entirely different spin to this story.

Part of me wanted to subtitle this "I love it when Barack Obama gets us involved in pointless military exercises." US involvement in the Syrian Civil War began back on 22 September 2014 during the Obama administration.
YPJ girl soldiers: shouldn't they be in school?

It seems that the Trump detractors have been too willing to think that the "abandonment" of the Kurd was somehow "sudden" when anyone familiar with this will tell you that it is amazing it hasn't happened yet. The Kurds in Syria are tied to the Kurdistan Workers' Party or PKK (Kurdish: Partiya KarkerĂȘn Kurdistan). This group is considered a terrorist group by the United States, European Union, and NATO: to name a few. The YPG/YPJ's use of child soldiers should be embarrassing as fuck to people who are trying to make Syria's Kurds somehow "allies" of the west. The Kurds are no saints, but you wouldn't guess that from the current attention they are getting lately.

Andrew McCarthy gets to the crux of the matter:
The Kurds have been our allies against ISIS, but it is not for us that they have fought. They fight ISIS for themselves, with our help. They are seeking an autonomous zone and, ultimately, statehood. The editorial fails to note that the Kurds we have backed, led by the YPG (People’s Protection Units), are the Syrian branch of the PKK (the Kurdistan Worker’s Party) in Turkey. The PKK is a militant separatist organization with Marxist-Leninist roots. Although such informed observers as Michael Rubin contend that the PKK has “evolved,” it remains a formally designated foreign terrorist organization under U.S. law. While our government materially supports the PKK’s confederates, ordinary Americans have been prosecuted for materially supporting the PKK.

The fact is that:
"The Kurdish militias weren’t Washington’s first choice. U.S. attempts to train secular, anti-Assad, Syrian Arab forces to fight on its behalf cost hundreds of millions of dollars but produced just 5-50 fighters. The U.S. was forced to change tack and support Syrian Kurdish militias. The largest and most powerful of these were the People’s Protection Units (YPG), which were later called the “Syrian Democratic Forces” in the hopes of easing Turkish hostility and endearing the new fighting force to the predominantly Arab territories it began to conquer with U.S. air support."
What bothers me most about all this is the sudden concern for the Kurds, a group which has been fucked over for some time in the geopolitical struggles of this region. The Kurds say that they "have no friends, but the mountains." On the other hand, all the anti-Trump forces have developed a deep love for  these "strong allies of the US."

Another thing which is conspicuous in all this is the fact that Turkey and The Kurds have had an armed conflict going on since at least 1978. There have been two other Turkish "invasions" of Syria (2016 and 2018) prior to the latest. A Northern Syria Buffer Zone was created by agreement between Turkey, The Kurds, and the US. Turkey felt the Kurds were in breach of that agreement, which is the reason for the current mess.

An even more important point which is missing is that Turkey is a member of the North Atlantic Treaty Organisation, as is the United States.  NATO, as a treaty adopted by the United States is part of US law (US Constitution Article VI, ii)! The Turks as co-signators of the treaty are our allies, not the Kurds.

As far as I know there is no formal agreement between the US and Kurds making them "allies" of any sort. In fact, the Kurds have fought with the Assad Regime and their Russian Allies during the Northern Aleppo offensive of 2016. The Kurds will fight with whoever promises to protect them at the moment. They aren't strong allies of anybody but themselves.

The Kurds can fuck back in the same manner as they have been fucked with in the political events of the region which makes it amusing when people try to make them out as "strong allies".  Anyone who says that appears to be ignorant about the Kurdish people. The Kurds will find that all this concern will vanish like writing in the sand after the next news cycle.

Scott Ritter, the man who was "the loudest and most credible skeptic of the Bush administration’s contention that Hussein was hiding weapons of mass destruction" writes:
That Turkey, an American NATO ally, is waging war against the SDF (which the Turks label as YPG/PKK—more on that later), while at the same time targeting ISIS, the archenemy of the all these Kurdish groups, underscores the complexity of the regional politics at play in northern Syria today. Deciphering this alphabet soup goes a long way towards explaining why the Turkish actions are justified and why President Trump will ultimately be vindicated for pulling the troops out.  
The reality of the situation is as Scott puts it:
The American embrace of the SDF was always a temporary solution to the problem of ISIS. The United States never has supported a greater Kurdish nation. And while there’s been much lip service to the idea of using the SDF as a vehicle to destabilize the government of Bashar al-Assad, regime change has never been seriously pursued by the United States in Syria.

The most important point is raised by Andrew McCarthy:
 Our intervention in Syria has never been authorized by Congress. Those of us who opposed intervention maintained that congressional authorization was necessary because there was no imminent threat to our nation. Contrary to the editorial’s suggestion, having U.S. forces “deter further genocidal bloodshed in northern Syria” is not a mission for which Americans support committing our men and women in uniform. Such bloodlettings are the Muslim Middle East’s default condition, so the missions would never end.

A congressional debate should have been mandatory before we jumped into a multi-layered war, featuring anti-American actors and shifting loyalties on both sides. In fact, so complex is the situation that President Obama’s initial goal was to oust Syria’s Assad regime; only later came the pivot to fighting terrorists, which helped Assad. That is Syria: Opposing one set of America’s enemies only empowers another. More clear than what intervention would accomplish was the likelihood of becoming enmeshed, inadvertently or otherwise, in vicious conflicts of which we wanted no part — such as the notorious and longstanding conflict between Turks and Kurds.
There are a lot of different players in the Syrian Civil War. It was a dangerous game for the US to have entered. Although, it wasn't really just the US that was involved here: Combined Joint Task Force – Operation Inherent Resolve comprised soldiers from at least Australia, Canada, Denmark, France, Jordan, Belgium, the Netherlands, Saudi Arabia, Turkey, the United Arab Emirates, and the United Kingdom. There were more troops on the ground than the 50-250 US soldiers.

I find the media's story troubling because I see narrative in the US media which is highly partisan and interventionist. I see a concern which is based not on reality, but on a media image which couldn't be further from the fact.

But it sure is convenient for making Trump look bad.

See also:

Sunday, October 13, 2019

Saturday, October 12, 2019

More on the Kurds

Not sure how accurate this is, but it definitely changes the debate if true.


But it does demonstrate that Trump Derangement Syndrome has infected the debate!

How can so-called progressives not support a withdrawal from this territory if the Kurds used child soldiers?

Trump Derangement Syndrome is REAL!

OK, I'm going to preface this by saying I'm no fan of Donald Trump.

On the other hand, you may know people who start frothing at the mouth at the mere mention of the "Cheeto" if they are left of centre.

There is a right wing manifestation as well which thrives on making the aforementioned people cringe. The ones on the right will support Trump because it makes the left leaners act in the manner depicted.

For the Left, Trump can do nothing right and is up to no good. It is their hope he will somehow be impeached, which isn't very likely.

Ted Rall hit the nail on the head with his definition:
“Trump Derangement Syndrome” is when you have so much anger and rage at President Trump that you are willing to do anything, no matter how stupid or reckless or dangerous, to try to get him out of office by hook or by crook. Lately I’ve been hearing Democrats say that they’re hoping that the economy head south, as if they didn’t live in the economy themselves. Others want him to attack Iran so that people angry at the war don’t vote for him for reelection. This is crazy talk

The recent incident with Turkey announcing it would be making bombing raids in Syria to push back the Kurds demonstrates how this all works.

I would put that most people who were upset by this know next to nothing about the Kurds: a stateless people who mostly live in Turkey, Syria, Iraq, and Iran. They also don't know that Turkey has been participating in airstrikes against ISIL alongside the U.S.-led coalition, but also actively supporting the Syrian opposition and occupying large swaths of northwestern Syria while engaging in significant ground combat with ISIL, the SDF, and the Syrian government since August 2016.

SDF if you didn't know is The Syrian Democratic Forces which is composed primarily of Kurdish, Arab, and Assyrian/Syriac militias, as well as some smaller Armenian, Turkmen and Chechen forces.

Since most people don't know about the situation here is a brief run down of it:
The Kurds are an ethnic group of about 40 million people centered at the intersection of Turkey, Syria, Iran, and Iraq. Many naturally want their own state. The four countries in which they live naturally do not want that to happen.

On the one hand, the Kurds are a perfect tool for U.S. foreign policy. We can arm the Kurds in whichever of these countries is currently our enemy, whether to make trouble for that country’s government or to accomplish various other objectives. On the other hand, we don’t want the Kurds we’re utilizing to ever get too powerful. If that happened, the other Kurds — i.e., the ones living just across the border in whichever of these countries are currently our allies — might get ideas about freedom and independence.

It seems that this is another instance of the Kurds being used for political gain. In this case, an attempt at internal US political gain by putting Trump into a no win situation.

Ahval, a trilingual independent online news site on Turkey, reported on 1 October that:
"U.S. and Turkish officials last month (September) agreed to work together to create a buffer zone free of fighters from the People’s Protection Units (YPG), which Ankara views as an existential threat due to its presumed links to the outlawed Kurdistan Workers’ Party (PKK). The PKK is an armed group that has been at war in Turkey for over three decades and has been designated as a terrorist organisation by Ankara, the EU and the United States."
"However, Ankara has been critical of the lack of progress made with the envisaged zone, threatening to put its own operation plan into effect if Turkish troops do not control a “safe zone” within a few weeks.
Turkey will also continue with operations in northern Iraq “until all terrorists are eliminated from the area,’’ the council said.
Turkey on Aug. 23, launched Operation Claw-3 in northern Iraq targeting PKK militants.
Monday’s statement by the council also said that Turkey would continue its activities in the eastern Mediterranean."
Al-Jazeera also contradicted the narrative seen in the Western Press about Trump giving a green light to this. Let's toss in that this was not a total withdrawal of US troops from Syria:
In a statement, White House Press Secretary Stephanie Grisham said, "The United States Armed Forces will not support or be involved in the operation, and United States forces, having defeated the ISIS territorial "Caliphate," will no longer be in the immediate area."

The New York Times reported Monday that about 100 to 150 American forces would withdraw from northern Syria but not completely from the country. Newsweek confirmed the Times reporting but the National Security Council official said the number was closer to 230 service members, among them U.S. Special Forces and reconnaissance units.

While Trump's action caused a stir,  it may end up actually creating peace in this part of the world: which is why this is a prime example of Trump Derangement Syndrome. People are upset that Trump could possibly bring peace to the Middle East.

Sure, he may have blundered his way into it, but he would have done brought peace to the Middle East.

Which people suffering from Trump Derangement Syndrome would hate. Yes they would hate peace if Trump managed to achieve it!

Anyway, this story appears to have lived its short life cycle especially if it is yet another tactic that backfires on Trump's detractors. The bottom line is that this is a prime example of Trump Derangement Syndrome because people started reacting without all the facts. It seemed that emotion triumphed over reason in this instance.

See also:

Wednesday, October 9, 2019

Why I went Green (and sort of silent on Guns)

“There was once a big atomic bomb
That wanted to be a bullet.
His friends all asked why, when he was such a big atomic bomb, he would want to be a tiny bullet.
"I miss", he sighed, "the personal touch.”
-- Tuli Kupferberg

I've kind of gone silent on the topic of guns since, like the above passage, climate change is something which affects us all. Sure, guns are bad, but the coming crisis makes the gun debate in the US look tame.

Climate change is happening. It's undeniable (if you are not totally out of touch with reality). And it will require cultural as well as political changes.

It's also long overdue that people start addressing it. We shouldn't have needed Greta Thurnberg.

The United Nations has estimated that we need to reduce carbon emissions by half within a decade to have a 50% chance of avoiding global catastrophe. Of course, this is likely to be an underestimation as recent science shows permafrost melting 90 years earlier than forecast and Himalayan glaciers melting twice as fast as expected. Feedbacks and locked in heating will take us over 2C even before we factor in additional temperature rises from human caused emissions over the next ten years.

In short, we're fucked


George Monbiot says:
A paper published in Nature shows that we have little chance of preventing more than 1.5C of global heating unless existing fossil fuel infrastructure is retired. Instead the industry intends to accelerate production, spending nearly $5tn in the next 10 years on developing new reserves. It is committed to ecocide.
But the biggest and most successful lie it tells is this: that the first great extermination is a matter of consumer choice. In response to the Guardian’s questions, some of the oil companies argued that they are not responsible for our decisions to use their products. But we are embedded in a system of their creation – a political, economic and physical infrastructure that creates an illusion of choice while, in reality, closing it down.
Sure, people can try to say that this is "liberal nonsense", but climate change has been on the radars since physicist Edward Teller told the American Petroleum Institute (API) back in 1959 that a 10% increase in CO2 will be sufficient to melt the icecap and submerge New York. “I think that this chemical contamination is more serious than most people tend to believe.”

Lyndon Johnson’s President’s Science Advisory Committee states that “pollutants have altered on a global scale the carbon dioxide content of the air”, with effects that “could be deleterious from the point of view of human beings”. Summarising the findings, the head of the API warned the industry: “Time is running out.”

A confidential report prepared for Shell’s environmental conservation committee in 1988 found that CO2 could raise temperatures by 1C to 2C over the next 40 years with changes that may be “the greatest in recorded history”. It urged rapid action by the energy industry, “By the time the global warming becomes detectable it could be too late to take effective countermeasures to reduce the effects or even stabilise the situation.” 

Instead of addressing the issue in the past sixty years, people have been heading full tilt on the road to disaster. It would have been far easier to have addressed this issue early on than to wait until the house has almost burned down.

Anyway, I am more interested in addressing climate change than in wasting time on trying to impeach Trump. This issue requires cultural and political change. I've made as many of those changes as I can, but others need to catch on.

The ecological and climate crisis is not be owned by any political ideology, culture, age or gender.  We ALL need to take action on this pressing issue.

Monday, October 7, 2019

MELT THE GUNS!

OK, the real problem facing any solution to the US gun problem is getting the guns off the streets. Yes, there will have to be a buyback which will be fun given that it will have to be on the same level as the Aussie one. There will probably be later gun amnesties, but without the monetary incentive.

So, cash in early.

There is a solution for those who can't wait to get your guns off the streets but aren't altruistic enough to just give them to someone without some kind of benefit.

The National Center for Unwanted Firearms

They say they are willing to buy or allow for donation of the firearms. That is a pretty good deal if one can realise the fair market value of your firearm: even if it's only as a tax deduction.

Gun control won't work in the US as long as there are guns in circulation which is why getting them off the streets is the most important aspect for dealing with this problem.

Thursday, October 3, 2019

Can't stop thinking about reparations

Let's start with:
A 2016 Marist poll found 58% of black Americans were in favour of reparations, while 81% of white Americans opposed the idea. A 2018 Data for Progress survey also found reparations to be unpopular among the general public, and especially so among white Americans.
Being opposed to a cash payout reparations tends to push the number up even higher.
Bayard Rustin, who organised the March on Washington and was a friend of Martin Luther King Jr, called reparations a "ridiculous idea".Mr Rustin told the New York Times in 1969, "If my great-grandfather picked cotton for 50 years, then he may deserve some money, but he's dead and gone and nobody owes me anything".He later expanded on the views, writing that a payout would demean "the integrity of blacks" and exploit white guilt.
The issue here being time at least five generations of US blacks have been free (i.e. were slaves). Sure we can talk about the discrimination in the South, but what do you do with a Kay Coles James or a Madam C.J. Walker? The name Pat McGrath came up during this search.

You don't need a white person to debate this issue since I know that blacks have opinions on the topics, but Ta-Nehisi Coates found a great topic to grab some attention. Unfortunately most of the talk is divided by race. It would be nice if some conservative blacks weighed in on the topic.

Coates mentioned debt, which is one thing which started me thinking about this topic. The Western Countries wrote off Africa's debt back in 2005, but the countries are now worse than they were BEFORE the write offs. While the reasons are different, the bottom line is the same:

Unless something is changed the debt will return worse than before. 

In other words, people can throw as much money as they want at a problem, but fuck all will happen unless the underlying causes are addressed.

On problem with the US is the myth of abundance, in particular and abundance of land so that rich people can move out of the cities. That means the cities are left to decay (I blame most of Detroit, Flint, and Saginaw's problems on the industry the built those cities: the automobile).

Mr. Coates needs to integrate himself since there are poor whites living in those places. Of familiarise himself with Fred Hampton who understood the issue 50 years ago.

I wouldn't say that whites are better off economically by looking at a graph. I am no where near a Jeff Bezos, Mark Zuckerberg, or other 1% than Ta-Nehisi Coates is to Pat McGrath. And Pat McGrath still doesn't raise the income of poor blacks. On the other hand, those people skew the numbers when you look at averages. The average white person in Appalachia is in no way affluent.


There's a lesson in here somewhere, but I think that reparations will fail when it comes down to it.  it's something that sounds intriguing, but is doomed to failure if anyone tries to implement it.



Tuesday, October 1, 2019

There wouldn't have been a problem had the Dems run Bernie.

Kyiv Post has an article on how the Ukrainians see the latest attempt by the "Democrats" to try to harm Donald Trump. Another one that will backfire bigly.
What are Giuliani and Trump alleging?
Specifically, Giuliani alleges that: 1) Biden pressured Ukraine to fire its prosecutor general in order to hamper an investigation into Burisma Holdings, the oil and gas company where his son Hunter worked, and 2) that Ukrainian officials conspired to help Hillary Clinton during the 2016 election.
The problem with the impeachment nonsense is that the Democrats need to come up with something that won't backfire on them. This one will as the last one did since the underlying claims relate to Democratic corruption.

As the dude said, "let the person without sin cast the first stone".

But this shit beats having to address the US's problems.

Read the article here: https://www.kyivpost.com/ukraine-politics/trump-whistleblower-scandal-explained-from-ukraine.html

Monday, September 30, 2019

A guess on why Slavery, Indentured Servitude, and Transportation aren't properly discussed in the US

It makes people uncomfortable to think that someone's ancestors didn't come to the US willingly. Slavery, indentured servitude, and transportation run against the narrative of people coming here for the "American Dream". Unless you mean the American Dream of someone else who receives cheap labour.

The US is far too in love with its national myth of opportunity and unlimited resources. The narrative runs that people come to the United States because they can work hard and enjoy the benefits. The reality has been that people work hard and someone else gets the benefits.

Tell someone who wants to know your ancestors immigration story that they came over in chains as a slave and they get all uncomfortable.

And Transportation is something no one is willing to talk about, but I would scream out my convict heritage like an Aussie boasts about being an ancestor of the first fleet if I found out one was in my family tree. But people also get really uncomfortable when they find out that a lot of pre-Independence immigrants were felons.

Bottom line is that unwilling immigrants aren't what people want to hear about.

Sunday, September 29, 2019

I'll admit I am a confused white guy when it comes to reparations.

Another big issue with this topic is that there is also no consensus on the Black (?) or African American (?) side. Case in point, Kay Coles James is President of The Heritage Foundation. She is also a black woman, and a Republican, which can cause some people's head to explode if they wish to believe that gender or race influences their opinion.

Where this comes in is in terms of conservative black people, which sounds like a contradiction in terms (sort of like Very religious Jews siding with conservative Christians in the US).

It is also the exception which proves the rule ("prove" meaning "tests") in that she is a black woman with a highly impressive CV going by the write up here: https://www.heritage.org/staff/kay-coles-james.

I'll mention Candace Owen, but that's it.

OK, Black Conservatives are definitely NOT on the same page as Ta-Nehisi Coates, or even me. But they do raise the question is it racism or is the issue something else which reparations aren't really going to address.

Part of the reason I mention Kay Coles James is that she is a black woman from a southern, former slave state who has done well in society.  Perhaps that is due to when she grew up.

On the other hand, this white guy, who was born in Detroit has had his own share of eating 50 cent burritos and being leveraged to the hilt with debt during periods of unemployment.

Is that my white privilege at work?

Anyway, the black conservative opinion on this topic runs like this:
Perhaps we should remember the legacy of a former slave who rose up from slavery to advise presidents – Booker T. Washington – who never asked for reparations. Washington preached dignity through work – to become so skilled that you earned respect. “Nothing ever comes to me, that is worth having, except as the result of hard work,” he said. That’s what pulled Washington up from slavery. It doesn’t have to work for just one man.
My point isn't that I don't think that slavery was bad or that there is no discrimination, but there is more than one opinion. Likewise, the past 160 odd years have changed the playing field to make this a very complex issue to address.

The bottom line is that any reparations may not be monetary: they may be more symbolic.  Something to make people feel good about historic events which we must acknowledge, but cannot change.

Friday, September 13, 2019

Slavery, Indentured Servitude, Transportation, and reparations

There is a reason why the topics of slavery, indentured servitude, and transportation are neglected: because one of the United States' many myths is the myth of the immigrant coming because of the American promise. People arriving against their will goes against that myth. Someone boasts how their ancestors came for the opportunities found in the US has to deal with the fact that segments of the population arrived against their will.

Slave ships and auctions are the antithesis of Ellis Island, which is probably another myth as well.

But slavery, or people as commercial objects, is an integral part of US immigration law. The US has jus soli because of slavery and Dred Scott. The Fourteenth Amendment was a result of slavery. It haunts immigration policy because anyone born in the US is automatically a citizen: no matter whether their parents were lawfully present in the country.

There is the indignation by some people about children being placed in "cages", yet those are the holding cells used by the police in the US.  Now, how would those people feel about people who arrived in this country chained together?

I am not going to get into a debate about people who are lawfully present or not, but treating migrant workers as property for the benefit of others leads to terrible consequences. Sure, there should be a process to allow workers into the country if there happens to be a lack of workers: but is there no unemployment in the US?

Bottom line, the US has a love of exploiting workers, which is a big part of the discussion. And that fact is highly uncomfortable.

See also:

Thursday, September 12, 2019

Are Capitalism and property rights the enemies of the Second Amendment?

United States v. Cruikshank, 92 U.S. 542 (1875), doesn't really address the Second Amendment, but it does say this:
The second and tenth counts are equally defective. The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow citizens of the rights it recognizes, to what is called, in The City of New York v. Miln, 11 Pet. 139, the "powers which relate to merely municipal legislation, or what was, perhaps, more properly called internal police," "not surrendered or restrained" by the Constitution of the United States.
Short, but pithy.

The right is one of "bearing arms for a lawful purpose" and it only limits congress. Yet another example of how Heller and McDonald area break from the legal precedents set by the Court itself. McDonald truly being the outlier since it takes something which is specifically tied to Congress's power under Article I, Section 8, Clause 16 and "expands" it ultra vires to the States. Additionally, the rights mentioned in the various "Bills of Rights" out there only apply to governmental action.

Which is the reason I point to this case because the New York Times has a piece about how business leaders are calling on the government to regulate firearms. This comes on the heel of announcements by businesses that they will no longer tolerate open carry.
The movement has gained momentum since last month, when a shooting at a Walmart store in El Paso killed 22 people. A day later, nine people were shot and killed in Dayton, Ohio.

“Gun violence in America is not inevitable; it’s preventable,” the business leaders wrote. “We need our lawmakers to support common-sense gun laws that could prevent tragedies like these.”
Property owners have the right to control who enters their property and how they are supposed to do it. Additionally, they have a duty to make sure that people on their property are safe.

Mass shootings aren't safe.

Even more importantly, the nonsense about how armed individuals stop these shootings is being shown to be just that.

Cruikshank may seem cryptic at first blush, but it is highly important to understanding the Second Amendment. The right is similar to that given in the English Bill of Rights, to carry arms for a lawful purpose. Presser made it clear that the right was tied the active militia, what is now the National Guard.

Heller and McDonald were both ultra vires because they both went beyond the scope of Constitutional interpretation, but they have the advantage in that they were extremely limited in scope and subject to strict regulation.

One doesn't need to choose between two different schools of interpretation of the Second Amendment: one just has to admit that the right is "well-regulated".

Friday, August 30, 2019

Why Presser v Illinois is important to Second Amendment Jurisprudence

Ignoring this from the "Second Amendment Jurisprudence" is totally wrong.  The basic gist of the case:
In Presser v. Illinois, the Court sustained an Illinois state statute prohibiting parading with arms by groups other than the organized militia. Herman Presser, who had been convicted of leading armed members of a fraternal organization in a parade, challenged the statute on the grounds that it violated the Second and Fourteenth Amendments.
If that doesn't set off bells in your head that this is important to "Second Amendment Scholarship", then you need to stop pretending to be a "Second Amendment Scholar".
"The plaintiff in error insists that the act of congress requires absolutely all able-bodied citizens of the state, between certain ages, to be enrolled in the militia; that the act of Illinois makes the enrollment dependent on the necessity for the use of troops to execute the laws and suppress insurrections, and then leaves it discretionary with the governor by proclamation to require such enrollment; that the act of congress requires the entire enrolled militia of the state, with a few exemptions made by it and which may be made by state laws,"

Herman Presser was using the "unorganized militia" argument. Presser argues that Illinois law regarding people associating "themselves together as a military company, or to drill or parade with arms without the license of the governor, and declares that no military company shall leave the state with arms and equipments without his consent" violated his Second Amendment right. Unfortunately, the Court said that argument had no legal bearing.

So, while this didn't go to whether there was "an individual right": the fact that Presser was barred from exercising his "Second Amendment right" outside the context of being a member of the active, organized militia pretty much sits square in the arguments made by "Second Amendment Scholars" that this right is related to the militia duty, not personal purposes. The Presser Court made statements such as:
We think it clear that the sections under consideration, which only forbid bodies of men to associate together as military organizations, or to drill or parade with arms in cities and towns unless authorized by law, do not infringe the right of the people to keep and bear arms.

The right voluntarily to associate together as a military company or organization, or to drill or parade with arms, without, and independent of, an act of congress or law of the state authorizing the same, is not an attribute of national citizenship. Military organization and military drill and parade under arms are subjects especially under the control of the government of every country. They cannot be claimed as a right independent of law. Under our political system they are subject to the regulation and control of the state and federal governments, acting in due regard to their respective prerogatives and powers. The constitution and laws of the United States will be searched in vain for any support to the view that these rights are privileges and immunities of citizens of the United States independent of some specific legislation on the subject.

It cannot be successfully questioned that the state governments, unless restrained by their own constitutions, have the power to regulate or prohibit associations and meetings of the people, except in the case of peaceable assemblies to perform the duties or exercise the privileges of citizens of the United States, and have also the power to control and regulate the organization, drilling, and parading of military bodies and associations, except when such bodies or associations, are authorized by the militia laws of the United States. The exercise of this power by the states is necessary to the public peace, safety, and good order. To deny the power would be to deny the right of the state to disperse assemblages organized for sedition and treason, and the right to suppress armed mobs bent on riot and rapine.
So,like the Heller and McDonald cases, there is "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms." And both decisions made it clear that this list was not exhaustive.

New York's Sullivan Act was enacted in 1911. So, there is nothing in the current canon of US gun laws, including Heller and McDonald, which would preclude strong gun laws. In fact, the Heller and McDonald decisions were so narrow that only an "absolute prohibition" on handguns in the home are prohibited under current law. But looking at how strong some states' prohibition on carrying concealed, that means that Heller and McDonald can be safely ignored.

Unless the issue is an absolute prohibition on handguns in the home for self-defence.

Friday, August 23, 2019

Glasgow University and its "programme of restorative justice".

The major problem with talking about reparations, besides the time factor, is what form would they take? Glasgow Univerity found that donations to the 1866-1880 campaign to build the university's current campus at Gilmorehill incluided 23 people who gave money which had some financial links to the New World slave trade. "Some financial links" is an interesting term: especially since the period in question includes the 18th and 19th Centuries.

The Abolition of Slave Trade Act, which made it illegal to trade slaves throughout the British Empire and banned British ships from involvement in the trade, was passed by the British Parliament on 25 March 1807. Britain officially ended trading slaves on 1 March 1808 (the slave trade still went on illegally for some time). Slavery was abolished throughout the British Empire by the Slavery Abolition Act 1833, with exceptions provided for the East India Company, Ceylon, and Saint Helena. Those exceptions were eliminated in 1843. Slavery was still practised in the United States until the end of the US Civil War in 1865.

While illegal, slavery is still practised in the world, which is something any serious discussion of this topic needs to include. Likewise, slavery took many different forms. Both issues are something that any realistic discussion of this topic needs to address.

Glasgow University isn't the only academic institution in United Kingdom to look into how it profited from the slave economy. Yet Glasgow University also points out that it supported abolition. So, there were two aspects of this. The University "profited" from the slave trade while condemning that trade.

On the other hand, "restorative justice" seems to be looking into the system of forced labour, which I hope includes people who went as "indentured servants" or were transported for "criminal offences".

Anyway, it sounds as if the real outcome of this will indeed be to promote discussion of the topic, which has pretty much been buried in both the US and UK. we could get into a debate about which culture has minimised the role of slavery in its development. Slavery did indeed contribute greatly to the prosperity of those countries, along with western society.

I think the bottom line is that any "reparations" or "restorative justice" is likely to come in the form of an acknowledgement of the role of slavery in Western Society, not monetary. Maybe there might be some social reforms, but I wouldn't be too hopeful about that.

 But addressing this topic in a candid and honest way might indeed be the best course of action for any 'restorative justice".

See also:

Sunday, August 18, 2019

Too much confusion about immigration laws all around.

OK, this is one of the more complex aspects of law and most people have no idea that some things are a lot more complex than they appear. People talk about the "dreamers" as if they were like the people in Britain who were "Windrushed".

I have no sympathy for the Dreamers, but I have a lot of sympathy for the victims of a "Windrush".

But any serious discussion of immigration law requires some explanation. This is highly simplistic, but it gives an idea of how all this works.

First principle is that only citizens of a nation have a right to enter and exit the nation freely under international law. Everybody else enters and exits a foreign nation does so under condition. It is not a right for someone to enter a foreign country: especially unlawfully.

There are two ways to get citizenship: by birth or naturalisation. Birth can work by jus soli or jus sanguinus.The United States uses jus soli, which means someone has citizenship merely by being born inside the US. It is in the Constitution (14th Amendment).

Like most countries, the United States also has jus sanguinus, which means that you can have citizenship through your parents registering your foreign birth. People can inherit citizenship depending on the other countries' laws (e.g, Italy, Ireland, The United Kingdom, etc.).

Most countries have combinations of both jus soli or jus sanguinus. Some do it in such a way so that simply being born in a country does not result in citizenship (Ireland now requires at least one parent is an Irish Citizen or resident alien for citizenship). The US can't do this without changing the Constitution to require some parental connection to the United States. That was something that made sense after emancipation of the slaves, but doesn't make sense now.

The US is one place where the laws are fairly static, for what that is worth. One cannot lose, or renounce, citizenship without some serious consequences. The people who usually lose citizenship are people who became citizens under fraudulent circumstances (e.g, war criminals).

Another thing to explain is that Asylum is regulated by International law.
Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international law definition of a “refugee.” The United Nations 1951 Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.” Congress incorporated this definition into U.S. immigration law in the Refugee Act of 1980.
Asylum is an incredibly complex topic. I could easily do a very large book on the topic. The bottom line here is that not everyone qualifies as a refugee: no matter how sad their story may be. People escaping Central America's gang violence is a case in point: especially since most of those gangs were formed in the US!

Coming to the US to escape gangs in Central America makes as much sense as going to Sicily to escape the Mafia.

I'll add in that A valid passport is required for entry into most foreign countries. More than 80% of all countries in the world require a passport for entry. Some countries require foreign nationals to have a visa. Even if a passport is not required for entrance into a foreign country, it is required to re-enter the United States in most cases. Additionally, there are visa requirements for entry into the US for some foreign nationals. Not having the proper visa is another violation of immigration law.

Lack of the proper documentation as a foreigner means the person is in violation of immigration laws and unlawfully present in the country.

As I said, this is highly simplistic, but it explains the basics.

The real bottom line is that the law is the law. It doesn't matter whether one agrees with it or not. One must obey the law as is.

Or work to change it.

See also: