Category Archives: General

That Really Grinds My Gears

grindmygears

You know what really grinds my gears? Partisan hacks who attack members of the other party based on nonsensical and silly things that really do not matter in the grand scheme of things. Both Republicans and Democrats are guilty of this. The most recent example of partisan stupidity came when President Obama wore a traditional Chinese outfit to the 2014 Asia-Pacific Economic Cooperation (APEC) Summit, which was hosted by China. President Obama wasn’t the only attendee to dress like this. All of the participants wore the same outfit. In fact, the APEC Summit has a longstanding tradition of attendees wearing traditional clothing that represents the host country. In case you missed it, here is the outfit from this year’s APEC Summit:

obama-xi-purple

To Americans, the outfit may look a little silly. Does it look  little like something Dr. Evil would wear? Maybe. Does it look like something out of Star Trek? Yes. It’s okay to point these things out and get a little laugh. I have seen people joke that President Obama is missing his communicator pin. Others have said that the participants in the group photo look like they are about to be beamed up. Heck, the other day I made a comment that “at least they didn’t give him the red shirt.” Anyone who is a Star Trek fan will get the reference that those who wore the red shirts were the ones to get killed off. Statements like these are all in good fun.

However, I have to draw the line at people who attacked the president and his character based on the outfit. Here are a few examples of attacks that I have seen throughout my Facebook and Twitter feeds over the past few days:

  • He looks like a Communist dictator.
  • How un-American!
  • What a disgrace! I can’t believe that he would wear something like this and on Veteran’s Day no less!
  • Obama is a disgrace to our troops.
  • Ronald Reagan never would have worn something like this.
  • Ted Cruz would never wear something like this.
  • No real American would ever wear something like this.

Seriously? Do we have nothing better on which to attack the president other than his outfit? I even saw one post to someone referring to his outfit as “Kenyan.” Kenya? As mentioned before, it is tradition for participants to wear the cultural outfits of the host nation. So is this any less American?:

kerry-bali-dancer_2695290c

How about this one? Is this un-American?

Bush APEC

Does this one embarrass the troops?

APEC Bush

The fact is that there are a lot of issues on which we can attack President Obama. There are much more important issues such as the looming national debt, net neutrality, Common Core, immigration reform, the escalation of troops in the Middle East, the handling of the economy, Obamacare, etc., etc., etc. So let’s focus on the policy debate and leave the silly personal attacks behind. We may be able to accomplish more. And that, folks, is what really grinds my gears.

Just in good fun, I leave you with this picture of Ronald Reagan wearing a poncho and sombrero:

Reagan sombrero

Albert holds a J.D. from Barry University School of Law as well as an MBA and BA in Political Science from The University of Central Florida. He is a conservative libertarian and his interests include judicial politics, criminal procedure, and elections. He has one son, named Albert, and a black lab puppy, named Lincoln. In his spare time, he plays and coaches soccer.

11th hour, of the 11th day, of the 11th month

 

poppy2

 

It is now the 11th hour, of the 11th day, of the 11th month, at Compiegne…

In the United States, today is Veterans Day

In America, Memorial Day is for the dead, and Veterans Day is for the living. As such, first I wish to give thanks.

I thank all of you, still serving to defend our country, those of our friends and allies, and those who, wherever they serve, are fighting to preserve freedom, liberty, justice, and humanity.

May god bless you and keep you.

I thank all of my brothers and sisters who have served in the past; for the risks you have taken, and the sacrifices you have made.

To the rest of the world, today is Remembrance Day, sometimes known as Armistice day, or poppy day; commemorating the moment that the first great war of the last century was ended; in the eleventh hour, of the eleventh day, of the eleventh month of the year of our lord nineteen hundred and eighteen.

96 years gone, and still every year we mark this day.

Why is it called poppy day?

Britain, France, Belgium, Canada, Australia, Russia… and on the other side Germany, Austria, Bulgaria, Hungary (and the remains of the holy roman empire), Turkey (and the other ottomans)… an entire generation of young men in Europe were lost to the most futile, worst run war, in modern history.

In four years, 18 million men died (or went missing, which is mostly the same thing), and 22 million men were wounded.

In fact, Europe has never recovered from this greatest of historical mistakes. It was the direct aftermath of world war one that lead to world war two; the combination of which largely created the postmodern European culture that is slowly being destroyed from without and within by self hatred, depression, defeatism, socialism, islamist theofascism, and reactionary nationalism.

But I digress… I was talking about why it is called poppy day.

Flanders is a region of Belgium, where (along with Wallonia and northern France) the fighting in the great war was at it’s bloodiest. The worst battles of the war were at Ypres, the Marne, the Somme, and Verdun.

At the Somme alone, the British lost 20,000 dead in one single day; and the allied forces (mostly British) lost 120,000 dead, and over 375,000 wounded total; with 100,000 dead and 350,000 wounded on the German side.

The battle lasted from July 1st , til November 18th, 1916. Almost five solid months of the most brutal trench warfare ever seen; and nothing to show for it but blood, and mud.

Perhaps 200,000 total dead at the Marne (1st and 2nd), perhaps 50,000 at Ypres, Perhaps 300,000 total dead at Verdun… (10 months, and the bloodiest battle of the war, though the Somme had the bloodiest day); and nothing to show for it but blood and mud.

There was an amazing thing though… That blood, and that mud… it became magnificently fertile soil; and soon after the fighting ended, all over these horrific battlefields, poppies began to bloom.

In the first great war, as had been tradition for most of western history, those killed in battle were buried in the fields where they fell. Their memorials were raised on or close by those battlefields; a tribute to those who fought and died, and a reminder to those who did not.

In 1918, there, in Flanders, and Wallonia, and France; there lay an entire generation of men. Millions upon millions of white crosses, millions upon millions of unmarked graves in farmers fields; surrounded by millions upon millions of poppies.

A symbol of life, of blood, of the fight for liberty and freedom. The poppies among the dead were taken up; first by the French and the Belgians, then the Canadians and British and Americans.

Today, the poppy is a symbol of remembrance, expressed best perhaps by this poem:

 

In Flanders Fields
–Lt. Col. John McCrae, M.D. RCA (1872-1918)

In Flanders fields the poppies blow
Between the crosses, row on row,
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.

We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved, and were loved, and now we lie
In Flanders fields.

Take up our quarrel with the foe:
To you from failing hands we throw
The torch; be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Just NOT at the Same Time Please

Sharing, as a service to our readers…

From Reason: http://reason.com/blog/2014/11/10/guns-and-pot-which-states-are-friendly-t

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Mandatory Ebola Quarantines: Constitutional or Fear-Mongering?

Last Friday, a federal judge ruled that the state of Maine could not force a mandatory ebola quarantine on nurse, Kaci Hickox, who recently returned to the U.S. from Sierra Leone. According to CNN:

District Court Chief Judge Charles LaVerdiere ordered nurse Kaci Hickox, who recently returned to the United States after treating Ebola patients in Sierra Leone, to submit to “direct active monitoring,” coordinate travel with public health officials and immediately notify health authorities should symptoms appear. Another hearing is scheduled for Tuesday.

Hickox was held under quarantine in New Jersey after she returned to the U.S. because she had broken a fever. Since then, Maine, New York, Florida, Illinois, California, Georgia, Connecticut, Maryland, and Virginia have enacted some form of mandatory quarantine of some level or another. I’ve heard a lot of people, even within libertarian circles, arguing in favor of the mandatory quarantines. I think that these views are largely based on fear and misinformation. First, are these mandatory quarantines even constitutional? Let’s do a brief constitutional analysis.

By forcing a mandatory quarantine on someone, the state is taking away their liberty. Under the Fifth and Fourteenth Amendments, the state may not deprive one of “life, liberty, or property without due process of law.” Therefore, quarantines are a matter of substantive due process. (For a brief tutorial on substantive due process, click here). The courts will have to apply a strict scrutiny test because one’s liberty is a fundamental right. There are three prongs to a strict scrutiny analysis:

  • (1)  The government must have a compelling interest in the law which would restrict one’s liberty;
  • (2)  The government must narrowly tailor the law to meet that interest; and
  • (3)  The government must use the least restrictive means possible to meet that interest.

Does the government have a compelling interest in enforcing mandatory quarantine laws for people who exhibit symptoms of ebola? Absolutely! The government certainly has an interest in protecting its citizens from a deadly disease. There really isn’t much of a question here. The government can easily prove this prong of the strict scrutiny test. No problems yet.

Are mandatory quarantine laws narrowly tailored to meet the government’s interest of protecting citizens from deadly diseases? Maybe. This is where it becomes a bit tricky. Some states enacted laws which would require anyone who has had any contact with an ebola patient or anyone who recently visited areas of Africa known to have the ebola virus to be quarantined for at least 21 days, despite not showing any symptoms of the virus. This is clearly not narrowly tailored to protect the public from this deadly disease. Other states require the quarantine only if there has been a known exposure to ebola such as splashing bodily fluids or a needle stick. This is much more narrowly tailored to meet the government’s compelling interest. In the case of Ms. Hickox, her quarantine was not narrowly tailored to meet the government’s compelling interest because she was showing no actual symptoms of ebola. Therefore, I do not believe that her quarantine was constitutional. However, I could see cases where a quarantine would be constitutional, such as the case of Thomas Eric Duncan, the first person to die from this disease, and the staff who treated him. In those cases, where the patients showed symptoms of ebola, a 21-day quarantine would be justified.

Are the mandatory quarantine laws the least restrictive means possible to meet the government’s compelling interest? No! Not in these cases. In the case of Ms. Hickox, she was originally quarantined in a New Jersey hospital for 21 days. This is certainly too restrictive because she showed no real signs of the ebola virus other than having a fever. When she returned to Maine, officials wanted her to stay in her home for 21 days. While this is less restrictive than the hospital, it is still unconstitutional because of the restrictive nature of the order:

Late Thursday, the judge had ordered stricter limits on Hickox, requiring that she “not to be present in public places,” such as shopping centers or movie theaters, except to receive necessary health care. The temporary order permitted her to engage in “non-congregate public activities,” such as walking or jogging, but said she had to maintain a 3-foot distance from people. And it forbade her from leaving the municipality of Fort Kent without consulting local health authorities.

I think that Judge LaVerdiere got it right when he lifted the restrictions that she not be present in public. I do agree that she should submit to regular checkups and screenings, but only because I think that it is the responsible thing to do and Ms. Hickox seems to agree:

Standing with her boyfriend Ted Wilbur, outside their home in Maine, Hickox told reporters the decision was a “good compromise” and that she would continue to comply with direct active monitoring.

“I know that Ebola is a scary disease,” she said. “I have seen it face-to-face. I know we are nowhere near winning this battle. We’ll only win this battle as we continue this discussion, as we gain a better collective understanding about Ebola and public health, as we overcome the fear and, most importantly, as we end the outbreak that is still ongoing in West Africa today.”

Therefore, mandatory quarantines are likely to be unconstitutional if the patient tests negative for the virus or shows no symptoms of having the virus. However, mandatory quarantines are more likely to be constitutional for patients who have shown symptoms of the virus or tested positive.

This is where we need to separate a legitimate concern from fear-mongering. I’m no doctor, so I’ll let the experts from the Mayo clinic explain what ebola is, its symptoms, causes, and risk factors. According to the experts, ebola is spread through blood, bodily fluids, mostly in Africa, and not through the air. Should we be concerned? Absolutely. Should we be fearful of every person who comes in from Africa and institute travel bans for anyone seeking to come into the country from those areas? Absolutely not! in fact, the chances of you getting ebola are about 1 in 13.3 million, which is less than being killed in a plane crash (1 in 11 million), being killed by a lightning strike (1 in 9 million), or being killed in a car accident (1 in 9100). So if you decide to be fearful of ebola, I would recommend that you don’t fly anywhere, stop driving, and don’t go outside while it’s raining. You’re more likely to die from those than from ebola. For the rest of us, we will just continue to live our lives.

Albert holds a J.D. from Barry University School of Law as well as an MBA and BA in Political Science from The University of Central Florida. He is a conservative libertarian and his interests include judicial politics, criminal procedure, and elections. He has one son, named Albert, and a black lab puppy, named Lincoln. In his spare time, he plays and coaches soccer.

Should Adrian Wyllie (L-FL) be Included in Debates?

Last week, Florida became the laughing stock of the nation once again when the televised gubernatorial debate was postponed because of a fan. The bigger story may be that the event organizers, Florida Press Association and Leadership Florida, excluded Libertarian Party candidate, Adrian Wyllie, because he did not meet the minimum polling threshold of 15%. Despite an 0ptimus poll, which showed Wyllie trending 13%, which would have put him within the margin of error of the polling threshold, Wyllie was still excluded because the poll was not released prior to September 30. Wyllie filed suit in the Southern District of Florida to be included, but a federal judge  sided with event organizers:

U.S. District Judge James I. Cohn said Wyllie did not meet the requirements for gaining access to the debate hosted by the Florida Press Association and Leadership Florida. Cohn said the private nonprofit debate sponsors did not change the access rules by increasing the polling threshold required for a qualified candidate, 15 percent.

Also, Cohn ruled, Wyllie’s exclusion was not a violation of his First or Fourteenth Amendment rights. Wyllie argued that, because the event is to be held at the publicly funded BrowardCollege, he had a free-speech right to be onstage with Gov. Rick Scott and Democrat Charlie Crist.

But Cohn said BrowardCollege was merely the location and that the event is a “nonpublic forum,” according to case law.

Cohn said the defendants “offer legitimate reasons” for excluding candidates like Wyllie and six others because the goal of the debate is “to provide a forum to inform Florida voters through the meaningful exchange of ideas among those gubernatorial candidates with a reasonable chance of winning the election.”

 

In an election where both the Republican and Democrat candidates are largely unpopular, who is to say that Wyllie does not stand a “reasonable chance of winning the election?” A recent CNN/ORC International poll found that neither major candidate has more than a 50% favorable rating. The same poll has Wyllie trending 9%, with Rick Scott and Charlie Crist in a statistical tie at 44% a piece among likely voters. Scott and Crist’s low favorability ratings suggest that many likely voters will be voting for “the lesser of two evils” because they don’t realize that there are other options.
If a potential candidate has qualified for the ballot, should they not have the opportunity to be heard by the voters? While I agree that the event organizers, who are private entities, should be allowed to invite or exclude whomever they choose, I think that it is bad policy. To exclude a candidate who is polling in or close to double digits, with a fraction of the funding of the major party candidates, denies the voters the right to hear all sides of the issues. (To see all of the candidates’ fundraising figures, click here.)
Florida is not alone. Robert Sarvis, a Libertarian candidate in Virginia, was excluded from the gubernatorial debates last year despite polling 9% at the time. In Minnesota, Independence Party candidate, Hannah Nicollet, was excluded from two of the four televised debates despite a tradition of including third party candidates in Minnesota. Some states have been more willing to allow third party and independent candidates to participate . Earlier this month, Idaho included Libertarian and Independent candidates in their gubernatorial debate. There is no reason to exclude Wyllie, or other third party candidates, from the debate other than to protect the interests of the two major parties. Voters deserve better. We deserve to hear from all eligible candidates and to hear all sides of the issues.
The third and final Florida gubernatorial debate will be held tonight at 7:00 pm e.s.t. and will be hosted by CNN. This post is not an endorsement of Adrian Wyllie nor his campaign, but an attempt to start a dialogue on the issue of open debate.
(Editor’s Note: The post was changed after publication to reflect that the debate is tonight, not tomorrow night –Kevin)

 

Albert holds a J.D. from Barry University School of Law as well as an MBA and BA in Political Science from The University of Central Florida. He is a conservative libertarian and his interests include judicial politics, criminal procedure, and elections. He has one son, named Albert, and a black lab puppy, named Lincoln. In his spare time, he plays and coaches soccer.
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