The Law and Ideas

Bird of PreySeveral days back, I came across some incredible quotes from Supreme Court Justice Oliver Wendell Holmes Jr. that started me thinking on several topics.  I beg your attention as we discuss the fundamental truths of the following two quotes:

The law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race.” ~ Oliver Wendell Holmes, Jr.

The ultimate good desired is better reached by free trade in ideas [and] the best test of truth is the power of the thought to get itself accepted in the competition of the market.” ~ Oliver Wendell Holmes, Jr.

QuestionI am not here to debate the law.  However, in discussing these two quotes, predominantly since they originate from a Supreme Court Justice of the United States of America, we will discuss aspects of the law.  The same goes for religion and philosophy; it is necessary to discuss aspects of both religion and philosophy to discuss the law.  However, I am not here to debate either religion or philosophy.

The Law and Social Morals

2015, in a decision that shocked the American Nation, the Supreme Court decided Obergefell v. Hodges and same-sex marriage stopped being a state right’s issue and became a Federal issue, even though the Federal Government does not issue marriage licenses.  Using the two quotes above, we find the truth of both in the actions of the court.  The court decided that the Federal Government needed to “step into” a state’s right issue to prevent a kaleidoscope of legal decisions across the entire 50- and American Territories.Plato 2

What is wrong with 50-different states exerting their rights?  The SCOTUS decision states the following, “equal dignity in the eyes of the law.”  Apparently, SCOTUS forgot to read and understand decisions from previous justices who faced a similar moral issue.

I have no respect for the passion of equality, which seems to me merely idealizing envy – I don’t disparage envy, but I don’t accept it as legitimately my master.” ~ Oliver Wendell Holmes, Jr.

Same-sex marriage was all about envy, not rights, not liberties, not freedoms, envy!  Envy couched in the language of “equality.”  Love, devotion, sacrifice, family, all of it was smoke-screens and mirrors to hide envy.  Those who engage in bedroom practices that were not in the mainstream wanted their relationship to be a “marriage.”  With all the state and civil granted benefits involved.  The simple solution to this moral dilemma was to remove the government’s self-appointed authority to regulate marriage.  The day the state and local governments decided to regulate marriage was when citizens lost fundamental rights to keep the government out of their business.  One of the most significant privacy abuses in the world occurs every time the government forces a couple to register (license) a marriage.

ApathyWorse, the government forces you to pay a tax to get married.  By paying a licensing fee, the government taxes marriages, invades your privacy, and in doing so, provides you the ability to pay for the privilege of inviting the government into your bedroom.  The moral development of the law to govern society hinges upon justices not legislating from the bench, judges who refuse judicial activism because the elected representatives of the government are moving too slow on an issue, and judges who remain dedicated to the limits of the law.  Yet, the exact opposite has been allowed to occur by the elected representatives who abdicate their roles to the judicial branch, who refuse their duties as a co-equal branch of the government, and people who use the law for selfish ends and means.

Question 2What is more precious to you, government benefits, granted by the courts and purchased from taxpayers in another area, or privacy, freedom, and liberty?  How you answer this question should be revealing to you and a reminder of your obligations as a legal citizen of these United States of America, a free Republic (if we can keep it).  Freedom has a cost; the cost involves being involved in elections, voting smarter, watching and scrutinizing those elected, and monitoring the actions of judges and lawyers.

Privacy and Freedom – The Law and Ideas

From the US Bill of Rights and US Constitution as amended, we find that America’s founding fathers wanted an individual’s privacy held sacrosanct in American Law.  Unfortunately, what do we see in the laws of America the exact opposite?

        • Amendment I
          (Privacy of Beliefs)
          Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and petition the government for a redress of grievances.
        • Amendment III
          (Privacy of the Home)
          No Soldier shall, in time of peace, be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
        • Amendment IV
          (Privacy of the Person and Possessions)
          The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
        • Amendment IX
          (More General Protection for Privacy?)
          The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
        • Liberty Clause of the Fourteenth Amendment
          No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Knowledge Check!One might ask, where is the marketplace for ideas.  The answer begins inside the walls of your own home.  Except, if you enter your thoughts on social media, the Department of Internal Revenue Service has empowered your employer to withhold employment to express your thoughts inside your own home or on your social media accounts.  Worse, the government calls this a privilege of employment and a cost of doing business in a technological age.  Hence the first two places where ideas are testing truth, and competing for market share, are social media and your home.

Where else would one expect to have the freedom to share ideas?  Employment and religion are two other places where the government regulates and restricts ideas.  How many churches faced IRS sanctions for allowing political speech inside their walls, every single one!  What about employers; they limit the sharing of ideas on a host of topics under the language of diversity, inclusion, and risk.  Due to fear from the potential of people to become violent, the insurance companies and IRS allow your liberties, privacy, and constitutional rights to be curtailed, culled, and clipped as an excuse to protect your safety at work.

As a final thought, consider the following:

For my part, I think it is a less evil that some criminals should escape than that the government should play an ignoble part.” ~ Oliver Wendell Holmes, Jr.Never Give Up!

Playing an ignoble part in the confiscation, curtail, and culling of rights, liberties, and freedoms, has been the improper role of government since President Wilson (D).  He was allowed to do what he did by a complicit Congress and the K-12 educations of the populace.  The reason functional illiteracy is so rampant, the government in the 1860s approved Dewey’s ideas to make students dumber, purposefully, to ensure the government could steal power unconstitutionally.  By the end of the 1940s, the coup was complete, and you became the property of government to be used and abused as the government desired.  Some Sunday thoughts to begin your next week with; unfortunately, the ideas must lead to action if America is to be saved!

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

NO MORE BS: What Would The Founders Do – Privacy of Individuals

Angry Wet ChickenPrivacy is the paramount right of individuals.  To be free inside their own homes, their papers (business), and their actions.  Except, from every front, an individuals’ privacy is being stolen through technology, government edict, and the courts’ power.  Do you even realize how much of your privacy is being subverted for the gain of others?  The more I research privacy, the madder I get!

Here is the foundational statement by the Founding Fathers of America on an individuals privacy from the US Bill of Rights and US Constitution as amended:

      • Amendment I
        (Privacy of Beliefs)
        Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and petition the government for a redress of grievances.
      • Amendment III
        (Privacy of the Home)
        No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
      • Amendment IV
        (Privacy of the Person and Possessions)
        The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
      • Amendment IX
        (More General Protection for Privacy?)
        The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
      • Liberty Clause of the Fourteenth Amendment
        No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Apathy1961, Griswold v. Connecticut Justice William O. Douglas declared there are “zones of privacy” that allowed Griswold to purchase contraceptives against the State of Connecticut’s desires.  Except, in ruling this way, the “zones of privacy” became the black hole sucking in all the abuses of privacy by technology companies, by the government, and by the courts.  Under the “zones of privacy,” abortion has been made legal along with gay sex, both of which fall into the founder’s old legal phrase, “The privacy of families.”

Millstone of Designed IncompetenceThe statute of “The Privacy of Families” stretches back into history and means exactly as it states, the government, the lawyers, and society have no business sticking their noses into “The Privacy of Families.”  Only to violate individuals’ privacy and intrude into an individual or family’s business, “Privacy of Families” has been used as a legal excuse for violating privacy and destroying individuals.  Consider the sale of educational research data from K-12 students, the sale of HIPAA data for research purposes.  If you live in a socialized medicine country, you have even less protection for your private medical data.  The business of buying and selling data for research purposes is vast, and anyone who can create an excuse can meet the legal standards of violating your privacy for “science.”

Is the problem a little more explicit; what started as a good thing, “zones of privacy” and “The Privacy of Families,” has morphed into the legal nooses of red tape hanging an individual and family over an ethical morass while some bureaucrat is chopping on the rope.  In a legal twist of irony, Alexander Hamilton had to admit he committed adultery and was bribed, over a honey trap created by a married couple, to beat a charge of worse behavior to his social reputation.  Hence, the citizenry needs to understand how far the government will stretch to breach an individual’s privacy.

Broken RobotDoesn’t America have laws like FERPA and HIPAA and other privacy legal requirements; absolutely, but are you going to trust the government to protect your records?  Were you affected by the OPM Federal Government data breach (2015), the multiple VA data breaches since the loss of 26.5 million unencrypted veterans records (2006), or been a victim of the DMV selling your personal data?  I guarantee you have been affected either as a primary, secondary, or tertiary victim of a data hack.  Yet, the FISA courts and the “Patriot Act” were explicitly invented to destroy individual and family privacy as unconstitutional actions by a legally elected government.

Reality check, what does the government hold as records?

The stolen VA data has included the names, Social Security numbers, dates of births, and disability ratings for 26.5 million veterans and spouses, on an unencrypted laptop hard drive.  Since this first data breach in 2006, the VA has regularly lost additional private medical records, emergency contact information, children records, and other data.  I have regularly received a letter from the VA that my data was included in a data breach.  I have written about how the VA brags that the flow of data from the VA into nefarious hands slowed a tenth of a percentage point and is to be applauded.  Not ended, not stopped, slowed a tenth of a percentage point, as if that was progress.

Angry Grizzly BearIf you believe the hype, the VA congratulates themselves for not losing any financial data, like account numbers, credit card numbers, and bank information.  Except if you lose someone’s full legal name, date of birth, Social Security number, that person WILL take a financial hit!  My identity has been stolen, cost me almost $5k in bank fees, overdraft fees, and other charges.  The day after I closed my bank account in Phoenix, AZ., a person with my identity walked into the bank branch in Janesville, WI., presenting a check for cash for $500.00.  I had spent from January to July complaining that my data had been hacked; the Janesville bank branch did not even bother to call the police.

The Office of Personnel Management data breach, June 2015 (you want to click that link) is as egregious a loss as humanly possible for several reasons:

      1. Nobody knows how long the tap was leaking data. If you believe the media, the tap was only open for a few short months.  If you believe the industry investigators, the tap had been in place for years.
      2. The data lost included everything on an SF-86 form for background checks and security clearances. My first SF-86 was completed over five days with a military recruiter.  It included all my brothers and sister private data, the names and addresses of friends and close associates, and extended family members.  My Navy SF-86 was longer as I had previously held security clearances, and a deeper check was ordered.
      3. Have you ever applied for a security clearance or applied for employment with the Federal Government? Do you have relatives or friends who work for the Federal Government?  Guess what; you are either a secondary or tertiary victim of the OPM Data Hack, and nobody has been held accountable, nor has a full accounting of the problem ever been made known to the public.

Dont Tread On MeHence, the next time you hear about the government “working hard to protect your privacy,” ask them about those data centers in Utah’s desert that hold private data for the government alphabet agencies.  Ask about the OPM and VA data hacks.  Better still, ask about the IRS data hack in the spring of 2015.  While the IRS claims “only 104,000 taxpayers were involved, the reality is much higher, and politicians play games with the truth.  Eventually, the game of political hot-potato will end, and that will indeed be a great and dreadful day!

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

NO MORE BS: “Which Way Are You Going?”

Difficult TimesJim Croce is responsible for the title of this article; he sings a song by the same name, with the following lyrics:

Which way are you goin’?
Which side will you be on?
Will you stand and watch while
All the seeds of hate are sown?
Will you stand with those who say
Let his will be done?

 One hand on the bible
One hand on the gun
One hand on the bible
One hand on the gun

 Which way are you looking?
Is it hard to see?
Do you say what’s wrong for him
Is not wrong for me?
You walk the streets, righteousness
But you refuse to understand

 You say, you love the baby
Then you crucify the man
You say, you love the baby
Then you crucify the man

 Every day, things are changing
Words once honored turned to lies
People wondering, can you blame them
It’s too far to run, and too late to hide
Now you turn your back on
All the things that you used to preach

Now it’s let him live in freedom
If he lives like me
Well, your light has changed, confusion reigns
What have you become?

 All your olive branches turned to spears
When your flowers turned to guns
Your olive branches turned to spears
When your flowers turned to guns

My parents are hippies; that is the simplest way to describe them.  A lesson learned from my youth is the essence of this song from Jim Croce; we all have to make a choice.  One of my parent’s favorite sayings, “You made your bed, now lie in it.”  Meaning, I made choices, and the consequences are now mine to enjoy or suffer depending upon how I choose to evaluate the consequences.

Detective 4For example, on my birthday in sixth grade, a school bully pushed me into the mud and called it my birthday present.  I was holding a math book and a borrowed clipboard; the mud ruined my book and clipboard.  I stood up and made a choice; in my right hand was the clipboard and book were used as a balance to swing stronger with my left, but my books and clipboard and then began beating the tar out of the bully.  I earned a seven-day vacation from school for fighting; the bully got a three-day vacation for pushing me, a bruised cheek, two black eyes, and a really fat lip.  All of which was still healing when I returned to school.

To this day, I do not regret beating that bully.  I had spent a year being bullied and was done.  No, I am not proud of the beating I gave him, but I was done being pushed at that exact moment.  I made a choice, and life has been significantly different ever since.

That is the point, the point we each need to understand and accept.  Carefully consider the words of the song above. We each have a choice to make. In making that choice, we have natural consequences, and how we evaluate those consequences determines our destiny.  Hence, which way are [we] going?

PatriotismWe have a fraudulent president, a congress that refuses to listen to the American people; we have legislatures, governors, and mayors, and so much more working against the citizenry for political power and personal gain.  Well, America, which way are you going?  Will we step up and resist, or will we sit and lose?

Will we choose to see and understand the truth of this stanza:
Every day, things are changing
Words once honored turned to lies
People wondering, can you blame them
No, I cannot blame people wondering, the world has been turned on its ear things are changing, words are being turned into lies, and the worst thing about it, so few are willing to choose to see and decide to do, and in failing to choose, they are choosing and the consequences are dire.

Grit - DefinedDo you understand the complex truth hidden in this stanza?
Now it’s let him live in freedom
If he lives like me
Well, your light has changed, confusion reigns
What have you become?
If a person chooses to allow the COVID vaccine, like a lab rat, we can now live in a “new freedom.”  But, in choosing that path, confusion reigns, freedom is lost, and the American light is shadowed.  What has America become?  Why did we allow freedom to be lost?

The Duty of AmericansHold one; why not shift the paradigm and change the questions?
Which way are you goin’?
Which side will you be on?
Will you stand and watch while
All the seeds of hate are sown?
Will you stand with those who say
Let his will be done?
Whose “will be done?”  The enemies of freedom and liberty or someone else?  I am not speaking theologically, philosophically, or metaphysically; I am speaking as a person who is observing, desiring a new set of consequences, and knowing that a different set of choices is required to make a change.

Therein is the problem, how does an entire population become motivated to make different decisions?  It is not just marketing at this moment in time; we must lose the political divisions and other divisive elements that have been falsely employed to create divisions and sow chaos.  I am talking about making a new conscious choice, logically deciding what we want, need, and desire.  The question spreads the spectrum from politics and government to media and food consumption and employment and shopping.

Theres moreI am done with both the Republicans and the Democrats; neither party is aware nor even listening to the citizens.  The extreme elements in the Democratic Party, the environmentalists, the LGBTQ+ community, the Communist Party, the Socialist Party, etc., all have made their choices and must live with the consequences.  However, this does not mean the rest of the country has to take the same path to death and destruction.

The Republicans have chosen to act without spine, reason, or even cohesion in thinking and doing.  Yet too often, all the political choices come down to Republican or Democrat, and there is less and less difference between them from day-to-day.  Why have we settled for just two political parties in America?  America has been through changes in the dominant political parties before, and we must do so again for the good of the Republic.  We, the citizens, must force a change through refusing the Kool-Aid, refusing the political madness, and refusing to lose the Republic.  Which way are you going?

Non Sequitur - DecisionsWhich way are you going?  How will you choose moving forward?  Do you realize that your emotions are your own choice?  That by taking control over your emotions, you become empowered to choose more powerfully and more logically.  The media, the politicians, the bureaucrats all want to control your emotions, and they want you to be controlled by the marketing hype, the big-pharma, big-tech, and big-box retail.  Do you realize that your privacy is invaded 24/7 by people tracking the products you buy, the websites you visit, and so many other methods and means, including your cellphone?  Why did we give up our privacy?

Which way are we going to choose?  As each of us makes an individual decision, our country will begin to change.  I offer the first choice, choose a “Liberty FIRST Culture!”Image - Eagle & Flag

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.