Father John Patrick Mulcahy – M*A*S*H 4077 Chronicles

Father Mulcahy 2Of all the unforgettable characters from M*A*S*H 4077, one of the most important characters is Reverend Francis John Patrick Mulcahy, Chaplain, United States Army.  A most courageous and kind person, a character full of intestinal fortitude, with a deep desire to help the living, and a solid right hook when needed.  Father Mulcahy has always been a hero of mine, and I wanted to explain why, as a tribute to both the character and the actor William Christopher.

Father Mulcahy:
This isn’t one of my sermons.  I expect you to listen.”

Humility is not a weakness!

Of all the attributes of Father Mulcahy, his humility always shines through.  From his unfailing kindness to seeing the best potential anyone can have, to representing the best of what the Chaplains Corps means, William Christopher, as Father Mulcahy, produces flawlessly the sentiment that humility is a strength, a desirable, needed strength.  Consider the episode where Father Mulcahy belts the unruly and demanding lieutenant in the jaw, the episode where Father Mulcahy rides in a helicopter as a counterweight or the episode where Klinger and Major Burns get into it over a scarf, and Father Mulcahy talks Klinger into giving him a grenade.  Never do you see Father Mulcahy backing down, giving up, or losing sight of the potential goodness of a person.Father Mulcahy 4

Father Mulcahy struggles with the US Army’s ineptitude to promote him to Captain in a couple of episodes.  Even as he struggles, you see Father Mulcahy learn invaluable lessons, teach kindness, forthrightness, and compassion, and diligence, and reliance upon the strength that only comes through commitment to something greater than oneself.  Father Mulcahy’s strength is one of the glues that held M*A*S*H as a TV show together for as long as it ran.  Why; because Father Mulcahy was genuinely genuine!

Consider the episode where Father Mulcahy sits down with Colonel Potter shortly after Klinger takes over for Radar as company clerk.  Who else could have talked Colonel Potter down without talking down to Colonel Potter and allowed Colonel Potter the opportunity to act without disrespecting his rank and position?  Who else could counsel Major Houlihan, chastise Captains Pierce, Honeycutt, and Trapper John, hold Major Burns’ feet to the fires of accountability, and seamlessly interface between the enlisted and officers?  Nobody!  Better still, Father Mulcahy did all this while epitomizing the Rudyard Kipling poem, “If.”

If—
By Rudyard Kipling
(‘Brother Square-Toes’—Rewards and Fairies)

If you can keep your head when all about you
Are losing theirs and blaming it on you,
If you can trust yourself when all men doubt you,
But make allowance for their doubting too;
If you can wait and not be tired by waiting,
Or being lied about, don’t deal in lies,
Or being hated, don’t give way to hating,
And yet don’t look too good, nor talk too wise:

If you can dream—and not make dreams your master;
If you can think—and not make thoughts your aim;
If you can meet with Triumph and Disaster
And treat those two impostors just the same;
If you can bear to hear the truth you’ve spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build ’em up with worn-out tools:

If you can make one heap of all your winnings
And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
And never breathe a word about your loss;
If you can force your heart and nerve and sinew
To serve your turn long after they are gone,
And so hold on when there is nothing in you
Except for the Will, which says to them: ‘Hold on!’

If you can talk with crowds and keep your virtue,
Or walk with Kings—nor lose the common touch,
If neither foes nor loving friends can hurt you,
If all men count with you, but none too much;
If you can fill the unforgiving minute
With sixty seconds’ worth of distance run,
Yours is the Earth and everything that’s in it,
And—which is more—you’ll be a Man, my son!

From an interview with William Christopher, we find that Father Mulcahy was not just a character played but a person in reality.

How did you and Barbara survive the many disappointments caused by failed interventions when Ned was young? For example, the assessment of one doctor that he was “retarded,” and nothing could be done other than to “take him home and love him.”

We regarded this particular guy as a young psychologist who may not even have finished his studies. Maybe he was still in his early practice, a student who hadn’t earned his doctorate yet. In any case, we felt he was in the wrong field. We thought he couldn’t possibly know us and advise us to just accept a limited life for our son….  But we both believed that people make mistakes.

Humor is a Prerequisite Quality

Father Mulcahy always used humor to express himself.

Major Winchester was a blessing.  May the good LORD never bless me with him again!”

Some of the funniest lines in M*A*S*H belong to Father Mulcahy, and unless you are listening closely, they are often missed for the banter between the central characters.  Consider the episode where the company sings the M*A*S*H version of “Gee Ma; I wanna go home.”

A chaplain in the Army
Has a collar on his neck,
If you don’t listen to him
You’ll all wind up in heck
.”

Humor plays an incredible role in facing traumatic situations and coming through, not unscathed but mentally capable, confident, and more able to achieve.  Father Mulcahy teaches us this lesson in spades, with dignity, class, and a ripping sense of humor.

Father Francis Mulcahy:
Try to be compassionate. Remember, even one of our saints received a Dear John letter.”

Don’t be passive – Be Active – Work Hard

Father Mulcahy 5There is a story about how William Christopher got sick with Hepatitis, and the show’s producers wanted to remove Father Mulcahy’s role entirely.  Instead, Alan Alda went to bat for William Christopher, changed the scripts, and wrote Father Mulcahy’s sickness into the show to keep Father Mulcahy on M*A*S*H.  Why would Alan Alda do something like this for a co-star?  There are several reasons; Alan Alda was a good person.  William Christopher was a good person.  But William Christopher was always working hard; he was not supposed to carry litters and all the other stuff he was always doing in the background.  William Christopher set a standard of behavior that modeled what a chaplain was supposed to do, and military chaplains copied his behaviors, mannerisms, behaviors, attitudes, and work philosophies.

Consider this for a moment; military chaplains learned how to be chaplains by watching a fictional character, imitating a US Army unit on a Hollywood set.  Reality has been changed to emulate fiction because fiction better reflects how people should act in reality.  I was not the only chaplains assistant who measured his chaplain by Father Mulcahy.  It is gratifying to know that many chaplains in the military have measured themselves against Father Mulcahy, found themselves wanting, and then worked to improve how they responded.Father Mulcahy 3

Name an episode where Father Mulcahy is not working, and I will show you an episode of M*A*S*H that was never made.  Father Mulcahy was always available, always cheerful, and constantly engaged in a good cause, as he himself said, “to be helpful to the living.”  Carrying towels, standing in for a nurse, providing an extra set of hands in surgery, comforting a patient, nurse, soldier, patient, always there, always caring.  One of the most poignant episodes is when the Bishop of the Catholic church is coming for a visit, but a soldier wants to give blood for his buddy, and he finds out he has leukemia, and Father Mulcahy spends all night, not on his sermon, but talking to this young wounded soldier.  Take a page from Father Mulcahy; working hard is not going to kill you.  Engage!

Father Francis Mulcahy:
[Wearing a dress] While I was showering, someone stole my robe and left me this… this… house frock!

Corporal Maxwell Q. Klinger:
Better not take it off, Father, or you’ll be a defrocked priest!

Father Mulcahy:
How would you like to get last rites, [raises his fists] and a few lefts?

Standing for your Convictions is Mandatory

Father Mulcahy:
How dare you! You seek refuge in this house of the Lord when it serves your purpose. Then when it’s no longer convenient, you desecrate it by pointing a deadly weapon at another human being. Private, a faith of convenience is a hollow faith.”

Father MulcahyThe episode this quote comes from is where the mess tent is being used for services, fresh eggs had been donated, and a soldier comes in seeking ecclesiastical refuge and is AWOL from his unit.  This episode has always been a favorite of mine; it has come back in times of stress and trial when the harder right and the easier wrong conflict, and I have the choice to make about which to follow.  Father Mulcahy always chooses the moral high ground, the harder right, instead of the easier wrong, and the lessons he taught through living are not easily forgotten or pushed aside.  I might not be as practiced in the execution of living the harder right, but I cannot choose the easier wrong, and that makes all the difference.

Father Mulcahy:
Klinger, the Lord moves in mysterious ways, but you take the cake.”

© 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.

The US Bill of Rights – Knowing the Paradigm

GI JoeDuring much of the 1980s G. I. Joe cartoons had a commercial that ended, “Knowing is half the battle.”  In the spirit of “knowing,” the following is a discussion on the US Bill of Rights.  The US Bill of Rights is the first 10 amendments to the US Constitution.  Many people think that the US Constitution begins with these 10 amendments, and there remains significant ignorance over what is said, and what is meant, in the US Bill of Rights.  Finally, the US Bill of Rights, or the first 10 amendments, was passed by the US Congress and ratified by the states too, “… Prevent misconstruction or abuse of its (US Government) powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.”

Never forget, the preamble to the US Constitution describe why governments are formed stating, “… In order to form a more perfect Union (government), establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity.”

Amendment 1 states: “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 to petition the Government for a redress of grievances.”  There is much to discuss regarding what is being witnessed in America right now where the First Amendment is concerned.  Peaceable assembly does not include throwing rocks, blocking traffic, interrupting the free flow of commerce into or out of a building, starting fires, shouting, screaming, or anything else like unto the behavior witnessed in America by radicalized youth and adults.  How does one tell the difference between peaceably assembly and protests; the answer is simple and comes down to one word, respect.

Aretha Franklin (1967) taught America about R-E-S-P-E-C-T and just following the basics she sang about, will differentiate between mobs and peaceably assembling.  But, do not forget, there is a purpose to peaceably assembling, to “petition the government for a redress of grievances.”  Petitioning does not include screaming, using a megaphone, “sit-ins,” and other actions that disrupt the working of the government.  The actions of those in Portland, Seattle, New York, and several other cities where fires burn, private and public property is destroyed, commerce interrupted, business halted, and fear is spread, is the work of anarchists, terrorists, and villains, not people peacefully assembling to petition for redress.  Politicians take note, if you cannot tell the difference between a peaceful assembly and a riot, I am sure there are several police officers who can make the difference perfectly clear.

Respect is a two-directional path leading to communication, improvement, and the betterment of society.  If the respect flows out but is not returned, then the problem is with the receiver being selfish and communication will never occur.  If the sender is not sending out respect, the problem is a selfish sender, and contempt is all that will be returned.  Why is respect important; because in today’s political environment there is no respect.  Contempt for the voter, contempt for the other political side, contempt for law and order, contempt is running rampant and the fruits of contempt are a bitter fruit indeed.

Politicians, ask yourself, what do you do to reflect respect to the people you represent?  What do you do to reflect respect for the office you hold and the heritage left you as you fill the duties of that office?  What does your staff do to reflect respect back to those who hired you, through an election process, and pays for your staff through forced taxation?  If you only represent the big business and big donors who helped elect you, you are not respecting anything or anyone, especially yourself.  The first amendment to the US Constitution reveals much about a person, almost as good as holding up a mirror of the soul.

Amendment 2 states: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”  Much continues to be said and written about this amendment.  Many have tried to wrestle meaning from this amendment that runs contrary to the specially selected wording in the amendment, covering their actions by calling their shenanigans “the intent of the authors.”  Each citizen of America was considered a member of the militia, and as such the security of the American Republic, rested first in the hands of freedom-loving, gun-toting, people.  Stop selling snake oil, start accepting the fact that those who try to “judge intent” of the US Constitution are the problems in America.

kpiAmendment 3 states: “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.”  The language of this amendment, particularly, never ceases to amaze me.  In order to protect the liberty of individuals, soldiers cannot be housed in a citizen’s home; thus, protecting the ability and freedoms of thought and property from unlawful government intrusion.

Since fourth grade, it has amazed me to no end that the second amendment needed to be understood through the intent of the authors, but the first and third amendments needed no “intent” clarification.  This is not irony; this is blatant bias and opinion masquerading as benevolence.  I reject utterly and completely any and every argument based upon the “intentions” of the authors in understanding the US Constitution.

Amendment 4 states: “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.”  Speaking of “intentionality arguments,” the fourth amendment continues to be replete with interpretations by judges, lawyers, interfered with by bad case law, and weak-kneed Supreme Court (SCOTUS) decisions.  Like the third amendment, the fourth is all about keeping the government out of a person’s home, properties, papers, and so forth.  If there is anything more egregious in modern America, the abuse of the US Constitution must rank first, and foremost, in the minds of every American.  Several current issues are before the court and the lawyers will make more money, and the judges will make more money, but the citizens of America will be abused.

Lady JusticeConsider how the Patriot Act, a horribly misnamed piece of legislation, allows for warrantless searches in the name of protecting America.  Like the Affordable Care Act produced the reverse and increased the cost of health care while reducing the quality of health care, the Patriot Act has stripped patriots of safety in their property, papers, and so forth.  2018 had two cases argued before SCOTUS regarding warrantless searches and seizures; warrantless search and seizure is unconstitutional, yet they occur.  The two cases of warrantless searches were both decided by SCOTUS in the petitioner’s favor (Collins v. Virginia & Byrd v. Government).  SCOTUS has ruled on cellphone data, and many regarded that law as dangerous due to the argument that survives that since the government owns the technology the cell phone providers use, then the individual users have no right to privacy or constitutional protections by using cellular phones, cellular data, and where that user goes is able to be scrutinized without warrants.

Now, enter the lawyers, attorneys, and armchair lawyers who will argue and complain about my ignorance of the law, throwing up arguments, and muddying the issues.  Yet, the ACLU is making the arguments that the Patriot Act has reduced the American Citizen’s rights to the fourth amendment.  FISA Courts have been discussed due to the role they played in obtaining warrants to illegally spy on political opponents.  FISA Courts should scare the hell out of every American!  Yet, the Patriot Act passed with no debate, no discussion, and many legislators never read the bill before or after voting.

Amendment 5 states: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”  FISA courts empowered the FBI to be the politician’s best friend and the freedom-loving person’s worst enemy.  The taking of private land for public use continues to be abused beyond measure.  Eminent domain abuses abound, and one axiom of law I have come to appreciate is as follows, “Bad cases make bad case law!”  Where the concept of “eminent domain” is concerned this axiom remains telling, and the abuses of government unabated.  Between the principle of eminent domain and the Patriot Act, the fourth and fifth amendments have been stripped, the power shifted to the bureaucrats and politicians, and the abused American Citizen left without recourse.

LinkedIn ImageAmendment 6 states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”  When it comes to legalese muddying the intelligence of an issue, I have not found anything more convoluted than the definition of a “speedy trial.”  Worse, with the FISA Courts not having to inform the accused, a person could be accused of a crime and never know they have been accused.

Amendment 7 states: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”  The seventh amendment remains important specifically for the re-trial in a different court of an issue settled by a jury trial.  Enter the convolution of “small claims court” as a method of settling matters between people or businesses (under $10,000).  To be frank, you can have a jury trial in small claims court, and some issues are worth having a jury hear evidence.

Amendment 8 states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”  What does excessive mean according to a dictionary; “more than is necessary, normal, or desirable; immoderate.”  Bail is all about incentivizing a person to appear in court.  Excessive bail used to be set in England as a means of keeping a prisoner in jail, to work.  Thus, the founding fathers desired bail to be reformed to prevent people from wasting away in jail from poor living conditions, harsh work conditions, and languishing in prison for a considerable time without trial.  Modern America has seen the abuse of language, the plasticization of terminology, and the convolution of excessive, into decreasing bail to nothing.  New York and California both have laws representative of these practices, to the detriment of law enforcement, the revolving doors of prisons, and the decrease in safety for the citizens affected.

ScalesAmendment 9 states: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”  Rights of the people, the US Constitution, and the individual constitutions of each state and commonwealth in the American Union, cannot infringe upon other rights of the people as they individually dictate.  How did we American Citizens lose sight of this amendment and what it means?  How did we lose the US Constitution?  Under Amendment nine FISA Courts should never have been established.  The right to die without health care intervention is encapsulated in the ninth amendment, but somehow this has been lost.  I remember distinctly losing the classroom debate that assisted suicide is a right under the ninth amendment; I also remember the day when states started passing laws to counter assisted suicide.  Consider the case of Boston Children’s Hospital v. Justina Pelletier, and you will find the ninth amendment abused and tattered by the hospital bureaucracy, as well as horrible malpractice.

Amendment 10 states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  Yet, America is replete with Federal and State laws which represent government overreach.  Yet, America is inundated with bureaucracies who design new rules without the consent of the legislative branch that empower the executive branch to trample individual rights, state’s rights, and liberties.  America, you have been abused by a runaway government, powered with politicians and bureaucrats who strive to “keep the gravy train running,” at your expense.

According to the US Constitution can a person choose to live in poverty; yes!  According to the US Constitution does the government have the power to pass out government benefits, which are nothing but taxpayer funds; no!  Yet, the US Government and the various states and commonwealth continue to choose who to pass out government funds to and interfere in people’s lives and choices.  How many times in American History has the actions of government improved a situation; zero!  War on poverty; lost!  War on drugs; failed.

Whale in OceanThe politicians, from both major parties, are guilty of government overreach and unconstitutional power grabs at the city, county, state, and federal government levels.  America must stand, to survive America must return to the roots established by the US Constitution.  Yes; this means getting the government out of Social Security, Welfare, and butting its nose into the rights and liberties of the individual citizen.  Consider the following, a whale and the ocean.  Does the government represent the whale or the ocean?  For if the government is the ocean, then the wale is reliant upon the government.  But, if the whale is the government, then we the citizens of America are the ocean and the government is dependent upon us.  The US Constitution claims the government is the whale and we the citizens are the ocean, and the government depends entirely upon the consent of the governed.

Well, I am revoking my consent!  The government has abused me enough.  I am done with government and bureaucratic overreach.  I reject the thought posited by Charles Reich that I am the property of the government.  Until the government is placed upon a strict constitutional diet, I revoke my consent to be governed.  We, the American Citizens, can retake control from the bloated feck beasts in government and correct the course of this Republic through the powers provided to us in the US Constitution.

The Duty of AmericansI speak by way of invitation; join me, revoke your consent to be governed by these totalitarians!

© Copyright 2020 – M. Dave Salisbury

The author holds no claims for the art used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the pictures.  All text quoted from another source set in italics and is not the property of the author.  Minor punctuation and spelling changes made.

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The US Constitution – Understanding the Paradigm

Since February 2020, to date America, and the world has witnessed the cruel and unyielding hand of mobocracy practiced.  Mobocracy is the rule of the mob transformed into governance.  Consider the actions of several city councils and state legislatures where defunding the police has become the hottest political topic.  The mob screams for changes to the law, politicians pander, politicians pay “Dane-Geld,” and the laws change to satisfy the appetites of the mob.  Thus, mobocracy is being practiced.

To everyone who reads this post, I will without doubt or fear maintain that the actions of the politicians to allow mobocracy in America, state for the record that, “You are committing an illegal act; must be held accountable before the bar of justice for your heinous crimes!”  Make no mistake, the actions of politicians to appease the mob, to rule through mobocracy, and to thwart the will of the governed to the masses of screaming mobsters is treason, the calumny of the blackest sort, and a rejection of your oath of office rendering you and your authority moot!

LinkedIn ImageBeginning with the US Constitution’s Preamble, a person will find why the government was instituted.  “… in order to form a more perfect Union (government), establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity.”  The politicians who have sworn an oath to uphold the US Constitution who deny these statements are already guilty of treason and breach of office.  Domestic tranquility cannot be achieved through the rule of the mob.  Domestic tranquility cannot magically appear, it must be built through law and order, through justice and mercy before the bar of justice, and must be fought for when tyranny rears its ugly head.  The general welfare of the population can only be established by obedience to the just laws of the society to which a person belongs.  Defunding the police tramples the welfare of society, domestic tranquility, and calls for the defense of the rule of law by every freedom-loving person in that society.

Article 1 Section 1: Established for every government in America the separation of powers, where legislation is equally shared between a house of representatives and a senate, who must work together in their separate but equal duties to fulfill the actions dictated in the preamble.  Sections 2 and 3 establish the finer points regarding the house of representatives, the senate, the powers of the executive branch in filling vacancies and establishing the terms of office.

Article 1 Sections 4-8: Establish taxes, the military forces, the day of elections, when a term begins for an elected officer to the Congress and other details of government.  Nowhere in these articles does it allow for one branch to dominate another branch.  Nowhere in these articles does it allow for the senate of the house of representatives to do the others job.  Each establishment of government has a specific job to perform, and those politicians who refuse to do their job are in fact breaching their oaths of office.

Consider the actions of the Speaker of the House of Representatives, Speaker Nancy Pelosi.  Nowhere in the US Constitution is she allowed to meddle in world politics, write letters to foreign governments, or pass legislation that has not been read.  Yet, all these and more are regularly being done, instead of doing her job as outlined in the preamble, to the improvement of the American people, she is duly sworn to support.  Her failure to represent all her district is the most egregious example because she is also third in line for the President, she has been re-elected so many times, and is the speaker of the US House of Representatives.  Thus, not only does she speak for her district, but she also represents all the US House of Representatives, of all parties.

Root Cause AnalysisOne of the clearest lessons discovered in life is that of genetic behavior, usually to the shame of the person witnessing their behavior being acted upon by others.  We pass behavior onto our children, our acquaintances, and our circles of influence.  The problem with genetic behavior is that of exponentialism or the exponential growth between generations.  Research supports that cheating behavior in high school is found in cheating an employer later in life.  Research also relates that those witnessing the cheating behavior will then steal.  The third generation of people the behavior is passed onto will steal bigger items, cheat more, and commit more crimes.  The cycle just keeps building until the criminal justice system is full of hard crimes committed.

In the political realm, we see the same exponential growth of behavior.  Speaker Pelosi is witnessed by her party, who then act as she does, and commits larger or worse actions than the Speaker.  If you look at those termed “The Squad,” the representatives are by far worse than Speaker Pelosi, but they learned how to be detestable to freedom-loving peoples from the Speaker, and the second-generation politicians that surround Speaker Pelosi.  Want another example, look at any recent (2000 to present) presidential election and you will still find traces of previous President Clinton in the candidates of both parties.  Consider Mitt Romney’s candidacy, he is very Bill Clinton in his politics and speech mannerisms, which remains the main reason he failed as a candidate for president.

Grit - DefinedThus, freedom-loving people, who support justice, desire domestic tranquility, seek to provide for the common defense, promote the general welfare and well-being of others, and work tirelessly to secure the Blessings of Liberty to ourselves and our Posterity, witness these politicians and want them removed, and held accountable for their crimes.  Not to punish without cause, but to support the common good in America.  The reason we have courts, lawyers, judges, etc. is to separate the crimes committed from the criminal committing.  This is the epitome of the word justice.  The US Criminal Justice System is imperfect, without doubt, but it remains the best system the world has ever seen and deserves support from law-abiding and freedom-loving people.

Article 1 Section 9:  Deals with two legal precedents that have been much maligned and abused.  Immigration and the Writ of Habeas Corpus.  Immigration is a topic for a different post.  However, the Writ of Habeas Corpus is crucial to this discussion.  Simply stated Habeas Corpus is, “… The legal procedure that keeps the government from holding you indefinitely without showing cause. When you challenge your detention by filing a habeas corpus petition, the executive branch must explain to a neutral judge its justification for holding you.”  The Writ of Habeas Corpus can be suspended, and American History including recent history has provided examples of when and why habeas corpus has been denied, suspended, or revoked.  The riots and acts of domestic terrorism are a clear example as to why the Writ of Habeas Corpus can be and should be suspended.  Rebellion and the breach of public safety are two separate excuses for denying habeas corpus and rioters and terrorists deserve to have habeas corpus suspended.

Finest HourMake no mistake, I am not advocating for the refusal of these people to have their day in court, before an impartial judge, to be sentenced for their crimes, and held accountable before the bar of justice.  I am advocating that until their trials can be arranged, they deserve to be held in prison awaiting the slow turning of the wheels of justice.  When you break the peace of society, you give up your rights and liberties; thus, these mob members deserve to be held and witness their rights to habeas corpus rescinded.

Article 1 Section 10:  Has several items that pertain to the illegality of state governors during the current COVID-19 health crisis, reflecting that these governors do not know the law, and are in breach of their oaths of office.  When the governor of New Mexico made a law stating that all the citizens of Arizona must be quarantined, interrupting the free flow of commerce from state-to-state, the governor forfeited her authority for political points, and the US Congress should have been demanding corrective behavior.  Yet, not a peep has been witnessed.

The Duty of AmericansCOVID-19 does not represent a sufficient “imminent danger” to refuse or interfere with commerce passing between states.  The “public health measures” enacted by the various state governors are a travesty of justice, unconstitutional, interferes with the rights and liberties of the people, and damaging the commerce and economy of the United States.  Where are the politicians at the Federal Level to correct these abuses?

Articles 2 and 3: establish the executive and judicial branches of American governance.  These articles remain critical to freedom-loving people as the articles clearly dictate terms in office, how to perform their duties, and establishes the various courts in the judicial system.  The jury trial is set forth without restriction and remains a key component in all trials.  Section 3 of Article 3 contains two items of note.  Item 1 defines treason narrowly and specifically; item 2 discusses the penalty of treason.  “Treason against the United States shall consist only in levying war against them (the United States), or in adhering to their enemies (following an enemy’s directions), giving them aid and comfort (monetary means, housing, food, or other transferable goods).”

PatriotismA legal dictionary provides a slightly broader definition of treason, “The offense of attempting by overt [or covert] acts to overthrow the government of the state to which the offender owes allegiance or to kill or personally injure the sovereign or the sovereign’s family.  The betrayal of a trust: treachery.”  Therein lies the justification for labeling the actions of politicians who breach the public trust with treason, the politician who breaks their oath of office to support and defend the US Constitution is committing treason.

Articles 5-7: Deal with how the US Constitution can be amended, national debt, the supremacy of the US Constitution in America, oaths of office, and ratification of the US Constitution.  With these final words, the US Constitution closed, “Done in convention by the unanimous consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty-seven and of the Independence of the United States of America the Twelfth In witness whereof we have hereunto subscribed our Names.”

Military CrestsEvery member of the US Military swears an eternal commitment to upholding this document, to securing the rights and laws of the United States as prescribed therein, and to follow the orders of the commander in chief before God.  I have had the privilege of taking that oath six times in my life.

The Oath of Enlistment: “I, [State your full legal name], do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So, help me, God.”

I will not allow the US Constitution to be thrown down and mobocracy, meritocracy, democracy, communism, socialism, or any other form of government to supersede the US Constitution.  To those politicians working hand-in-hand with the mobs and others for the destruction of America, you are committing treason and will one day answer for your crimes before the bar of justice.

Image - Eagle & FlagDuring my military service, I read a quote, applicable to the relationship between politicians working to destroy America and freedom lovers who support the US Constitution “No truer friend; no fiercer enemy!”  No truer friend can be found than I in the support of the US Constitution and the Bill of Rights.  No fiercer enemy can be found than I to those working to suppress the US Constitution and the Bill of Rights; “So, help me, God!”.

© Copyright 2020 – M. Dave Salisbury

The author holds no claims for the art used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the pictures.

All rights reserved.  For copies, reprints, or sharing, please contact through LinkedIn:

https://www.linkedin.com/in/davesalisbury/

The Role of the Military in American Society – Knowing the Paradigms

Military CrestsAccording to the US Constitution, the President is the Commander in Chief of all the US Military branches including the National Guard and Coast Guard.  Article II of the U.S. Constitution endows the President with this power.  Article I of the Constitution gives the U.S. Congress the power to declare war; a purposeful separation of powers instituted by the Founding Fathers that underscored a fear of large standing armies and their potential to impede a free and republican society.  The term “reserve component” collectively refers to two organizations—the Reserves and the National Guard.  The Reserves are a Federal reserve force that augments the active component as personnel requirements dictate.

The reserve force is controlled by the US President and can be mobilized to meet the Federal Government’s needs.  The purpose of the reserves is to provide trained persons, available for active duty, in time of war and national emergency, and to fill the ranks of active forces when the mission demands.

National GuardThe National Guard has two missions—a Federal mission and a State mission.  The Guard’s primary mission is to support the States in times of natural and human-made disasters.  Guard units in each state can be mobilized by the Governor to provide support within the state or, under certain conditions, across state lines.  This occurs when the Governor declares a state of emergency following civil unrest or natural disaster.  The U.S. Constitution places control of the National Guard firmly in the hands of the Governors of each state, there are legal provisions that allow the President to mobilize National Guard units for Federal service.  The National Guard can be mobilized in whole or in part to support the nation in times of emergency, in response to national disasters, or in times of war.  The State Governors are subservient to the US President, and the Secretary of Defense, but answer as the Commander in Chief for the National Guard in their states.

The Posse Comitatus Act of 1878 forbids the use of U.S. Armed Forces in law enforcement activities on U.S. soil, except for the purpose of putting down rebellions or enforcing constitutional rights if state authorities fail to do so. The President can invoke the Insurrection Act of 1807 and go above a Governor’s head to activate National Guard troops if the Commander in Chief believes the response requires this action.  For example, school desegregation in 1957 following the Brown v. Board of Education Supreme Court decision, and again in 1992 during the riots in Los Angeles following the acquittal of police officers charged with beating Rodney King.

The PrinceWhere the role of the military is concerned, J. Pournelle and S. M. Stirling wrote a series of books that when combined form the compendium “The Prince” (Baen Books).  The stories discuss the role of government and the role of the military in government as a tool.  When things get screwed up enough, the military is forced to be the janitor.  The military is never the best solution, as the military solution is akin to the largest hammer in the toolbox for correcting societal behavior.  The military is not a scalpel, you cannot perform surgery with a bomb.  Thus, there are always innocent casualties when the military option is exercised, much to the chagrin and disappointment of the citizen population on the receiving end of the military action.

The US Constitution as originally drafted provided the American people the US House of Representatives as the house of the people.  The governors of the individual states received their own house as a means of keeping control of the Federal Government, the Senate.  The US Constitution was drafted to see the American Citizen on top of, and control, all the government entities with the Federal subservient to the states through the Senate, the people through the House, the judicial branch independent of the executive, and the legislative able to exert influence upon the executive.  The US Constitution had local governments to protect the citizen from the county, the county to protect the citizen from the state, the states to protect from the Federal, and all governmental bodies controlled by the individual citizen through legislatures.  The roles of governors and the power of the Federal Government have been corroded since the passing of the 17th Amendment 08 April 1913.

The 17th Amendment changed a constitutional dynamic and in so doing allowed the Federal Government to dominate the states, the House of Representatives lost the consensus of the people, and the growth of the government at all levels has been usurping the rights, freedoms, privileges, and power of the independent citizen for over 100-years.  But, before anything can be changed, the American Citizen needs to understand the role of government and the role of the citizen in government.

In discussing the role of the law enforcement official, (part one of this series), is as a community peace monitoring and behavior-modifying official, and tool of government.  A Military is a tool of the government, can command behavior changes, and uses force to empower obedience to the Government.  Consider the Tiananmen Square incident in China.  The local enforcement officials could not command the protests to break up; thus, the military was called in from the borders of China, to break up the demonstrations.

LDS ImageThe Doctrine and Covenants, Section (Chapter) 134, of The Church of JESUS CHRIST of Latter-Day Saints (2013), provides clarification on the role of the citizen in government and remains a go-to treatise on government, law, and the citizen’s responsibility.  It must be recognized that governments are expected to be for the benefit and use of man, to create a good and safe society.  Governments use the law to dictate behavior, as agreed upon by the consent of the governed.  However, the government cannot and should not violate the “free exercise of conscience, the right, and control of the property, or harm the protection of life.”  The civil magistrate (law enforcement officials) are required to restrain crime, punish guilt, but never suppress or interfere with the freedom of the soul.

The role of the citizen in government is to support their governments, showing deference to the officials of that government, not support sedition, rebellion, riots, and so forth as destroy the peace and safety of the society in which they reside.  The role of the citizen is to be a vocal participant in their government is provided this opportunity, but nothing allows for, or excuses, rebellion, sedition, tyranny, or other such actions that destroy the common peace of that society.  The citizen requesting the laws be changed have a process for changing those laws and should make their petitions known to the government.  Hence, if a law enforcement official does something deemed improper, there is a system in place to review the situation and act if warranted.  The citizen does not have the right to take matters into their own hands.  Informed and proper action is spelled out in law; thus, use the law to improve the conditions, do not become a hooligan, and place yourself outside the protection of the law!

I would like to thank and acknowledge the work of SAMHSA for their contributions to this article.  As a precursor to the study of the military in society, I recommend J. Pournelle and S. M. Stirling’s book “The Prince.”  Truly this primer should be required reading for anyone desiring to learn the proper role of government, the military, and the association with the citizen.  Finally, the treatise on belief as discussed from The Church of JESUS CHRIST of Latter-Day Saints is a marvelous document that sits beside and compliments my copy of the US Constitution, Bill of Rights, and other American Founding Documents.

Military Crests

© Copyright 2020 – M. Dave Salisbury

The author holds no claims for the art used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the pictures.

All rights reserved.  For copies, reprints, or sharing, please contact through LinkedIn:

https://www.linkedin.com/in/davesalisbury/

As the Department of Veterans Affairs Goes, So Does America – A Warning!

I-CareWould the honorable elected representatives please answer the following question: “Are the veterans of America’s armed services the next ‘Tuskegee Syphilis Study?’”

While we await this answer, here is why the question is raised.  The Department of Veterans Affairs – Office of Inspector General (VA-OIG) just posted their investigation results of the Critical Care Unit Staffing and Quality of Care Deficiencies at the Charlie Norwood VA Medical Center in Augusta, Georgia, and the results remind me of the game musical chairs and the disaster caused by the Tuskegee Syphilis StudyTuskegee Syphilis StudyMusical chairs because the VA-OIG was unable to ascertain direct harm because of record screw-ups, gross mismanagement, and a detestable and despicable perception of the patient.  The Tuskegee Syphilis Study because real harm to real people was caused, and the leadership did not care enough to fix the problems without an official investigation.

More on the Tuskegee Syphilis Study – History can be viewed in the link.

The VA-OIG report begins with the following:

“Critical Care Unit Staffing and Quality of Care Deficiencies at the Charlie Norwood VA Medical Center (VAMC) in Augusta, Georgia discusses significant patient safety issues including events related to noncompliance with pressure injury policy, intensive care unit cardiac monitoring, and sitter availability for high-risk patients.”

Pressure Injuries
Bedsores/Pressure Injury Progression

But concludes with the following:

“Publication is warranted so that other facility leaders and healthcare practitioners can be made aware of OIG-identified problems applicable to their own facility.”

Leading me to ask, of the VA-OIG, is this warning to proactively fix, or retroactively hide the nefariousness of poor management and dead patients?

Pressure injuries are exceedingly painful, can become deadly very quickly, and leave scarring and pain.  Pressure injuries are the nice term for bed sores, which are caused by critically ill patients who are already unable to move and circulate blood properly to the skin.  Thus, the tissue dies, a sore develops, then the skin breaks, and by this time that patient who is already in trouble, is now in danger of death.

Pressure Injuries - Example
Bedsore

Bedsores, pressure injuries, are serious conditions; yet, the Charlie Norwood VAMC has record-keeping problems, staffing issues, and without outside impetus refrained from fixing the problems.  All reminiscent of the “Tuskegee Syphilis Study.”

Hence the articles originating question, “Are the US Military Veterans the next ‘Tuskegee Syphilis Study?’”

If so, I refuse, and those leaders who think this conduct is allowable need to be held personally responsible for the harm they are causing.  If the answer is no, why are so many VA-OIG reports of leadership and management’s nefarious deeds being allowed until the VA-OIG comes knocking?  Even after the VA-OIG investigates, is anything being done?  Are people being held accountable?  The leadership issues are repeated, and while those repeats might not be an exact match from VAMC to VAMC, the leadership problems are real, glaring, and real people are dying!

America was shocked and angry when the whistle and plug were finally pulled on the Tuskegee Syphilis Study, and rightfully so.

Tuskegee-Patient
Syphilis wounds

Yet, it appears that the VA learned nothing from the history of Tuskegee except to keep playing musical chairs on responsibility, paperwork, and hiding the evidence from accountability.

America, your medical system, which before President Obama was the best in the world, is now on the same train of failure the VA Medical System is on.  Are you paying attention to the harm caused to veterans?  Do you want the same?  I do not!

America, to correct the problems at the Department of Veterans Affairs, and to reduce the costs to the taxpayers, as well as beginning to correct the damage done to your health care, the following is needed immediately.

  1. Legislation needs to be written and passed repealing ObamaCare.  Every single mandate, every single costly item, and sunder forever this socialism experiment.  The answers to the rising costs of medical care, including dental and vision, are not to be found in increasing the size of an already bloated government.
  2. Legislation needs urgent action to provide Secretary Wilkie the powers of any other CEO to clean the Department of Veterans Affairs. The leadership between the veteran facing employee and the Secretary’s office needs to be culled, and the only way to do this is through legislation.
  3. Demand accountability. The VA-OIG reports these issues constantly, the findings need to be on the news and be topics of conversation.  No longer should a bureaucrat be able to shift responsibility, harm patients, and keep their comfortable jobs and benefits.  Real harm to real people is being caused by the medical system paid for by your tax dollars, demand more!

Understand the following principle, know it well, and let us begin processing the reversal of this trend.  Charles Reich (1964) wrote a Yale Law Journal article describing “New Property.”  The new property Reich discusses is you and me, and how we are used by bureaucrats like property to be abused, harmed, and mistreated, all through the largess of the government we pay for.  Like a wheelbarrow or a hammer, we are the fodder upon which the bureaucrat steals money from one person to pay another person through government benefits, all to the enrichment and personal satisfaction of the bureaucrat.

Government Largess 2The actions of the nameless and faceless bureaucrat are unconstitutional, but allowed in the name of “government action.”  Every time you hear the government is acting on your behalf, it means that the power of the people has been stolen, and will be doled back to the taxpayer in infinitesimal amounts, while the bureaucrat keeps getting fatter.  Think Reich (1964) is wrong, here are some examples.

  • The government went to war against poverty, the poor have become poorer, poverty’s blight has spread, but the government offices “fighting” poverty are fat with people and taxpayer dollars.
  • The government went to war against drugs, the only winner so far has been the government.  The drug infestation has only gotten worse, and now states have begun selling harmful and illicit drugs for the tax money.
  • The government got into student loans, to “make the lending field fairer.” Students were harmed, colleges and universities tripled, or more, their tuitions, and students are saddled with increasing levels of debt.  But, the government officers in charge are living high on the debt and interest.
  • The government allowed labor unions to represent government workers, now the taxpayer is abused, treated like scum, taxes went up, but responsibility and accountability under the “Rule of law,” that all citizens are expected to live by, have all but disappeared for government workers.  Ever tried getting adjudication or remediation from a government worker?Government Largess 4
  • The government and some private citizens decided black health needed improvement. Planned Parenthood and the Tuskegee Syphilis Study are but two of the disasters that hit the black communities and have destroyed their community’s legacy, honor, and power, all for government largess, and the lining of private pockets.

Choose to stop being the property of the government; the US Constitution declares the government works for us, and we control them, not the other way around!

© Copyright 2020 – M. Dave Salisbury

The author holds no claims for the art used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the pictures.

All rights reserved.  For copies, reprints, or sharing, please contact through LinkedIn:

https://www.linkedin.com/in/davesalisbury/