It's a Sovereignty Thing

Dear America,

"Federal power over immigration 

comes from the same source 

as state power over immigration: 

it is an inherent attribute -- perhaps the fundamental attribute -- 

of sovereignty.   

The states, of course, are sovereign, 

the United States being a Union of sovereign states.  

To be sovereign 

is necessarily to possess 

the power to exclude 

unwanted persons and things 

from the territory."  

Supreme Court Justice Scalia, Bench Statement

 This country, believe it or not -- accepted or not -- wanted or not -- was made with the MOST power going to the people, the individual; coming in second, to the state; and coming in last but certainly not least (with a little irony thrown in on the fly), to the oh so limited federal government.

"No federal law says the States
cannot have their own immigration law."  

Scalia

"Of course, the Supremacy Clause establishes that the federal immigration law is supreme, so that the States' immigration law cannot conflict with it, cannot admit those whom federal law would exclude or exclude those whom the federal law would admit.  But that has not occurred here.  Arizona has attached consequences under state law to acts that are unlawful under federal law -- illegal aliens' presence in Arizona and their failure to maintain federal alien registration.  It is not at all unusual for state law to impose additional penalties or attach additional consequences to acts that are unlawful under federal law -- state drug laws are a good example. That does not conflict with federal law."  Scalia

And yet, something happened to me just last night that reveals a twisted interpretation of this out here in the wild, wild west, living in the hallucinogenic reality that is California:  someone who looked much like a drifter knocked on my door, holding a clipboard with medical marijuana paraphernalia attached.

"hey, what's up, are you aware of um, ah, the growth of the medical marijuana needs in your community..." 

or something like that, anyway.

now honestly,
I was on my way out,
or I would have talked his ear off for awhile...and not even because I'm like totally against it, or anything...it would have been an interesting exchange, I'm sure.

For me, it's simple: It falls back to that one itty bitty detail that keeps getting in the way:  Marijuana is an ILLEGAL SUBSTANCE and against the law.

Current federal law has deemed it unlawful to grow, use, smoke, eat, sell.... in all forms. When it becomes legalized -- then we can all partake in the good and the bad and the ugly that comes with it.  But at this time, why should it be allowed and accepted to use freely by only a portion of society?  Just because they are ill?  Why is it "legal" for just the infirmed (and those who find a doctor for the fringe who just wanna get high)?

Given the arguments made by our lowly supreme court on the SB1070 law -- sanctuary marijuana clinics must cease and desist, as of yesterday; medical marijuana shops must close down.  California is acting against federal law all over the place.  [especially considering another reality --  being in the midst of a scandal within the DOJ over the Fast & Furious "tactic" that got two border agents shot, and hundreds of Mexicans killed, and at the heart of unspeakable violence of the drug war crossing our borders everyday.]  [but let's just have the federal government cherry pick where they take issue with states having it their way with federal law, right]

The thing is, STATES, acting on behalf of the people, in whole or in part, NEVER would have entered into a UNION if they had to give up their sovereignty.  NEVER.

This country was not intended to have a king of any kind; this country was not intended to grow under the controlling confines of a central, federally mandated, government, easily reduced to organized crime built upon crony capitalism, corruption, waste, fraud, leading us to this very day where we have a president usurping the power of congress and the supreme court simultaneously [see executive decisions, privileges, to date].

Do you really think this president didn't think the timing of his amnesty announcement all the way through?

He did it just days before the Supreme Court announced it's decision on the Arizona law; it sort of pulls the magic carpet to enforce it right out from under them, no?

"The true theory of our Constitution is surely the wisest and best, that the states are independent as to everything within themselves, and united as to everything respecting foreign nations.  Let the general government be reduced to foreign concerns only...reduced to a very simple organization, and a very inexpensive one; a few plain duties to be preformed by a few servants."  Thomas Jefferson

How many of us would characterize our federal government as operating with "a few plain duties to be performed by a few servants?"  pardon me, while I get in a good belly laugh.

"In sum, Arizona is entitled to impose 

additional penalties and consequences 

for violations of federal immigration laws, 

because it is entitled to have its own immigration laws."  

Scalia

It's so simple it makes my head spin.

When, or if, Arizona is ever allowed to it's own entitlements, ILLEGAL immigration would immediately stop; these ILLEGALS would simply go somewhere else; they would go somewhere else, possibly to some other state, until such time that that state decides it can no longer support the illegal immigrant (financially, through free education, free medical care, public assistance welfare, etc.).

On a G-note closer to home ---

Yesterday, another decision by the Supreme Court, directly affected a local memorial:  the SCOTUS decided not to hear the case regarding the Mount Soledad war memorial cross.  The decision not to hear the case means that the unconstitutionality of the cross on site stands, as established by the Ninth Circuit court.

The good news, it's not over until it's over; and the court may ultimately take it up once a final rendering of a decision of what to do with the cross is made  -- again, by the Ninth Circuit court. For a brief update, go here.

A cross has been atop Mount Soledad since 1913, the current one erected in 1954.  People, of the State of California, more specifically San Diego, affirmed and fully supported by the "free exercise thereof" clause, to put a cross on top of a hill. Since it's inception, the war memorial has evolved and it has grown into a community cornerstone.

Perhaps the community of people in this area would never approve of erecting such a landmark again -- there is that.  But shouldn't it remain, grandfathered in, according to the lay of the land and community we have all grown?  There was a time -- confirmed by the very stone in the shape of a cross atop a hill -- that this community embraced a spiritual reverence.

It simply isn't about a cross anymore.  It has been built into a landmark the community has grown around and attached itself to, like moss to a tree, like patina is to brass  -- compounded over time, wind, rain, and sun, it isn't just about the cross, it's also about all who have come into contact with it over the years, all of us who have left it's side with a memory, and all of us who wish to live in community with one another here now.

But now, back to the larger community that is the United States.

The prevailing belief at the time of our Constitutional convention is that the States UNITED on the basis of keeping their sovereignty, reinforcing the power to the people, locking in the individual's inherent rights and privileges passed on to us by our Creator, not the king.

The federal government serves us.

As a nation of immigrants -- where every nationality was a minority at one time or another -- the emphasis has always been upon assimilation; reinforced by the belief that it entirely up to the individual, the one in the minority, to apply themselves to the American culture -- communing in language, by bettering themselves in education, becoming a self-sustaining, productive, asset of the community.

"So the issue is a stark one:
Are the sovereign States at the mercy
of the federal Executive's refusal to enforce
the Nation's immigration laws?

A good way of answering that question is to ask:
Would the States conceivably have entered
into the Union
if the Constitution itself contained the Court's holding?
... The delegates of the Grand Convention
would have rushed to the exits
from Independence Hall."
Scalia

and that's where we will end it today.

Make it a Good Day, G

ps can hardly wait til thursday.

Dear America,

Last Sunday, Joel Osteen talked about how he wasn't ever going to apologize for God's blessings; he said it in front of his audience of thousands, an added television audience of tens of thousands -- basically, for all ears to hear, he made it perfectly clear, that he is not ashamed of how the Lord has blessed him, his family, and went on to tell us why, sometimes bringing himself to tears.

the long and the short of it seemed to fall back on a realization that for most of us running around in this world, unless we are privy to all the years leading up to the 'time of blessings' shall we say, we really don't see the whole story; we're getting in at the end, at a time when we witness the good stuff, like when the fair maiden finally kisses her handsome prince; we're finding ourselves in the audience of some kind of super power preacher, who by the looks of things is making millions in book sales and weekly tithes through his evangelical ministry, some people might even be wondering what the @%*#, he's so lucky...look at him all happy...I wanna big house, shiny new shoes and the ability to feed my family without a care in the world....all he does is say a bunch of mumbo jumbo about how good it is to be a follower of Christ, a child of God...really, Joel...really...easy for you to say...
 

What we don't see, is the time of struggle; what we are not witness to, are the innumerable times of drought and despair.

We, the people -- sitting from our sweet spot of judgment --  have no idea what in the world it took to get to this time of blessing.

absolutely no idea.

Similar to the attack on Sarah Palin, immediately following her arrival along side John McCain on the big presidential wanna-be stage, the media issued in a new era of character assassination; the left, then and now, pounced on her as if  asking 'what in the world did she ever do to deserve it...' -- all they saw was this beautiful, articulate, polished woman, with her gorgeous, American family standing up behind her, who would before the night is through, change the course of history, while welcoming in a new day -- overnight -- for the republican party and conservatives everywhere.

Upon first impression, whatever the left could see from the outside, could no way justify the ability for Sarah to simply waltz into blessings; she didn't have the right credentials, the proper Ivy League resume, or the recognition of years of public service -- at least for those of us in the lower 48 -- we never saw this locomotive comin'.

What the left refuses to see, to this day, is her years of putting herself through school, the years of service and hockey-mom activism in her own back yard, the years of living close to the land, as all Alaskans naturally do, respectful of the Alaskan environment and natural resources, including oil, fishing, game and the protection of all endangered wildlife.  If the left actually took a genuine interest to get to know who Sarah really is, I have no doubt they would love her -- instead, we get fear and loathing, but maybe that's just me being G.

IN any event, the world was introduced to Sarah long after her time of paying her dues, starting out small, beginning with city council, moving into the mayor's office, and reaching the Governor's seat of the entire state of Alaska -- and especially after taking on the good old boy network, her own party, and the oil industry all at the same time -- which, by the way, she accomplished nearly on her own, making more enemies than friends, and in the end being responsible for totally dismantling the crony capitalism of Alaskan politics; struggle?  the credentials?  the school of hard knocks? the payment of her dues in blood, sweat and tears? not to be seen by the naked -- and thoroughly, ignorant, left brain -- eye.

Likewise, is the business of getting America back on track -- a perfect segway into a quick comparison to the times; we have no appreciation, it would seem, of what got us here in the first place; we are surrounded in blessings, as if showing absolutely no respect for the days, weeks, months, or two centuries of struggle and strife to get us here, to this very moment in time.

We are so full of blessings, we have grown so spoiled, more enamored by looks over substance, we have forgotten each and every principle and value we have painstakingly realized to date, long after the due diligence, the struggle, the heartache...long after the worst part, for all intents and purposes, is over.

It would seem we have no respect for her -- America -- at all.

Nope; all we have left are the petty rushes to judgment; the critical thinking of someone who clings to 'outdated ideas', you know, the ideas that made America pretty wonderful to begin with; nope, now is the time of dividing, rather than uniting -- ever hopeful that our own issues will be heard over the deafening voices of another.

Gone are the good old days, when we actually understood why we are a nation of faith; gone are the days when we recognized free market principles out-shined all the rest; gone are the days when self-reliance was taught, nurtured, cultivated into every process of society while fully and bountifully rewarded; gone are the days when we celebrated another man's riches, for we could very well make it happen too...next; gone are the days when we protected the sanctity of life, the preservation of our own bodies, and honored real love; gone are the days...

gone are the days when we totally got it --  that we are only as good as the character of the people we make -- teaching our children with the highest level of standards and expectations and morals, and, in the end, actually gaining something in return; gone are the days when we lived within our means; gone are the days when we opened the door for the person behind us; gone are the days when we sat down for dinner, with the family, eating a home-cooked meal, when it wasn't a holiday or special night of the week; gone are the days...


gone are the days when we understood why the founders had to have a 3/5th clause; gone are the days when we fought, with real guns and ammo, a civil war to protect the lives and future for all Americans; gone are the days when we made it through the Great Depression saying we would never do that again; gone are the days when we said no more taxation without representation and threw tea into the sea;  gone are the days when we cried, as one nation, after the twin towers collapsed from the direct attack by Islamic Suicide Bomber Terrorists; gone are the days when we truly melted into ONE America -- not about being Irish or Italian, not about Protestant or Catholic, not about Black or White or Yellow or Brown, not about my special interest over yours; gone are the days...

My father sent me what would seem to be a rather innocuous email this morning, telling an age old story of how we got the width of train tracks -- which, by the way, is a strange figure, an exact 4 feet 8.5 inches, between the rails.  SO!  Sitting here, hearing a raging chorus of 'so what' I will leave it at that...

or will I?

...what's this...
underneath it all...
I am hearing...
a still small voice begging for more --

alright, alright, shooosh now and sit down, I will tell you:

It is a story as old as time -- and I kid you not one bit....the railroad gauge got it's specifications from the English, who got it's country roads dating back to the beginning of civilization, a time when chariots of fire flew through town raping and pillaging and stealing all they could find, or simply just setting up camp -- the specifications of the chariots were all the same...going back to specifications that were arrived by a calculated mass of 'two horse's asses'; the roman empire was simply conforming to a width to meet the demands and abilities of the times, and more important, stuck to it; the dimensions never changed.

Over time, the ruts in the road became permanent roadways, and from then on, basically, all things invented to move continued to operate using the same standards all through the years.

Sadly, I have not replayed the story to you giving full justice of each and every moment in time, to reflect the rich history, but you get my drift; the specifications of today's railroad goes all the way back to the Roman Empire!

The added budump ba at the end included a tie to NASA -- for the two rockets cradling the space shuttle -- the ones that most people pay absolute no attention to whatsoever -- have to be moved by rail; what specifications to the width of the rockets do you think they had to use?  Good class...now run outside and play.

Some things in our history -- set up by our founders to create the so-called limited government, with limited powers, to allow for the unlimited blessings of the people to truly rise to their highest heights -- were specifically and conscientiously designed using steadfast specifications, of lessons learned long ago, molding fundamental principles with sound, exemplary values that were already tried and true; they knew, and warned us, veering away from one, or in part, could lead to untimely, unimaginable, unintended consequences of the highest order.

The thing is, we have reached a point now that either we have chosen not to see, or simply prefer not to pay homage to, the blue print handed down to us  -- dismissing the past as if it were irrelevant, unimportant and old school; we have no respect for the lessons of a past, a past wrought with struggle, strife, and reminiscent of the true depth and breadth of the real makings of America; we no longer cling to a natural yearning to capture the back story, the who, what, when, where of our history -- absolutely uninterested in everything up until now.

Everything that has led to this moment of blessings is being left by the wayside; all we are into these days is the outcome, the end game, the end no matter the means...and make it snappy, if you will, we are kinda in a hurry.

Our rich history, everything we have worked for, is brushed off, ignored, misunderstood, or entirely miss-characterized; the long and shaky beginning, that just so happened to really date back a couple of millenniums no less, has been reduced to rounding chorus of 'who cares' --


America -- she is beautiful -- and look at her, with the substance to back it up... oh, the things she could do, the places we could go  -- if only we could truly set her free (again).

Make it a Good Day, G

so the president has the State of the Union speech tonight -- word is leaking out that he will call for a 5 year spending freeze.  That is great news -- and if only I could leave it at that; 

what about his last two years of unprecedented spending?  adding a huge health care entitlement to the nation's woes and basically adding 3.5 Trillion dollars before the day is done (the total of five trillion under  Nancy Pelosi's congressional lead)?  

"a five year spending freeze" -- can't wait to watch him say this with a straight face.

Dear America,

You see, the sea has changed, big time; we all get that now...even the President will get it... eventually.  Things like that take time.

The thing is, as of about midnight, eastern time, Tuesday -- the GOP became the party of dominance; Obama and is merry band of socialist cohorts, pirating legislation in a sea of red ink, all of a sudden needs the GOP more than they need him.

And WE can wait.

We have all the time in the world; what we, the people, along with those who represent us in Washington, got on Tuesday with the good moon rising, was an oxygen tank -- with enough air to go, oh, I'd say, another couple of years -- maybe more, if we don't panic; as long as we think straight, and methodically, and take long deep breaths in between listening to our surroundings, observing the minute details hidden deep within the crevasses and rocks, looking out for what may bring further harm -- or better still, what might have the potential to change everything.

Yes, we've got time, and yet, we must get right on it; but the pressure is off.  The GOP has graciously accepted the challenge of taking on the resounding voice of redemption, holding tight to what we firmly believe is the power of the people (at least so we think); the sentiments of we the people rang out loud and clear across this nation Tuesday -- but only if you were really listening -- only if your senses were sharp -- only if you really wanted to hear what the people had to say...otherwise you would have missed it or missed out on getting re-elected.

The thing is, the people can breathe now; we know that the GOP has our back and his putting a halt to the wide sea of overreach, intrusive government action, wanton spending, and the sense that the sky's the limit while the oceans are bottomless after four years under Nancy Pelosi and Harry Reid, compounded by the last  couple of years fully engaged under the Obama-Mao in good measure.  The changes were happening so "fast and furious" according to Obama, they had to act, they had to do it, they had to put America in harm's way over troubles waters -- "it was an emergency."

Nancy has "no regrets," espoused in all sincerity to Diane Sawyer.

And for Obama,

"as I said before, though, I think we’d be misreading the election if we thought that the American people want to see us for the next two years re-litigate arguments that we had over the last two years."

Oh my,  once an attorney, always an attorney, even if his license isn't up to date.

Wake up! Snap out of it! You are running on empty, Dude (we can call him that now, I capitalized it out of respect).   Hey, center of the earth to Big O, mayday, you will never make it back to the top if you don't turn back now...

The seas have changed, marking the GOP controller of the clear and present danger of the gulf in between -- but make no mistake, we and the GOP can sit it out for as long as it takes (kind of like the Taliban in Afghanistan, they can wait until July 2011...heck, that's like six months away really... you know, since we're nearly at the holidays and all... we all know how fast the time goes...but I digress).

Mitch McConnell said it best,

"But we can compel administration officials to defend this indefensible health spending bill and other costly, government-driven measures, like the stimulus and financial reform."

Brilliant.  Yes, we choose to "re-litigate" -- because we never liked it, all of it, in the first place.

The thing is, for Obama and his left wing zealots, ideological committed and connected to the same line of hot air and questionable substantive material inside and out -- they simply don't believe in the constant, tried and true principles of America for which She stands; the simple embodiment of that natural element, which sometimes fails, but more often triumphs, under a truly free market, clinging to our inherent faith and belief system, one that reigns in the Absolute and comes up from the depths of our souls in a spirit of constant revolution, for freedom and liberty and the pursuit of happiness for all -- for THAT, is simply not in their DNA.

At best, Pelosi is in denial;  Obama is in denial; or they don't really care, there is that. 

But if they think, that for one second, that this midterm election and all that it represents, is not a reflection of disgrace upon the faces of the American people, is not an absolute repudiation of the "fundamental transformation" of our dear United States of America -- then, I don't know what will -- do our mugs physically have to turn purple and puff up like a blow fish in order to get through?  really?  seriously?  are you people that dense?  are you for real, or have you come up, out of Atlantis, from another time and place?

The GOP knows deep down that the people will stand with them as long as they act according to what the people really, really want.  did you hear that?  that was a great big sigh of relief ventilating freely from the bottom of my heart, from the center of my being...ahhhhh yes. we can all take a step forward and breathe again.

Obama needs the GOP more than the GOP needs him -- everybody in Washington knows that now.  The GOP will take their time, methodically placing each and every official on the hot seat to simply answer a few questions; questions like, what on earth were you thinking?  how do you expect us to pay for that?  what logical explanation do you have to forfeit the future of our children in such a reprehensible way? did you really think you were gonna get away with this?  how could you lie and manipulate and force such fundamental changes through without care -- without thinking about how your words and your actions have consequences?  Have you no soul?  Questions like that, but I'm sure to have left a few out...

Take your time GOP -- the people will be sit back and watch, patiently, maybe with a bag of popcorn wishing you all looked like Johnny Depp, just knowing that we have added a couple years to our life just by re-calibrating the tank is enough for now.

It's a good feeling.  Almost euphoric. Probably something similar and familiar to how the left took it all in when they voted this fine specimen into office...

Oh my, it's just a sad day when a President misreads 67% of the population; what he should do, is brush up with just how much leverage the power of two-thirds really means -- or not, who am I to judge.

We the people, thanks to a shot of fresh air from the GOP joining forces with the Tea Party Movement, demonstrably placed the power back in the people's hot little hands, and now we've got all the time in the world (well, not exactly, but it's a start); the wind is at our back, it is morning in America, and we have set sail in a whole new direction, back on course with our foundation, to the great origins of our birth -- the President is welcome to come on board at any time -- join us, the water's fine.

But I would be remiss not to mention, that as long as the GOP understands the dynamics of this temporal, fluid relationship, we'll all get along just fine.  2012 looms large and deep.

For you, Mr. President, go ahead and continue to misread, miss the signs, miss that ever so slight hint of a sea change (hardly slight, but whatever) -- ignore the fact that the soft breeze at your back is telling you something, hoping you will change a wee bit, and quite possibly switch sides, to completely and purposefully come about. Go ahead.

Hmm that's funny...

You seem to be sticking to those worn out mechanisms found only in the gallows of some obscure realm, holding tight to some kind of collective social justice, a redistribution of wealth of all sorts, a mindset not normally associated with America;
it's as if your intention is to tap into the underworld of some kind of inferior process, linked to the lowest common denominator, or something;
it's strange, really;
clinging to a belief system untethered to anything of sound principle,
refusing to heed to the uncommon wealth of the learned men who have steadfastly come before,
recognizing the fundamental truths of a limited government,
and intrinsically connected to a natural law
divined by our Creator.

That's funny; cause you speak like you understand this core faith to God and Country, but really, your actions say something else; how it tears you up so; how you go about, every day, making this feeble attempt to truly BE this kind of president, the more twisted your passageway of free-flowing fresh air seems to turn.

It's only understandable, to cause this uncomfortable, yet notably, self-inflicted hyperventilation you seem to be experiencing; it appears to be manifesting out from the actual formidable thought of meeting somewhere in the middle, of making any kind overture whatsoever, to painstakingly overreach to the other side, that seems cause for what ails; the more you try to disguise it, manipulate it, control it, or try to appear to HAVE something that is clearly, inherently, not in you -- the more it seems to be messing you up. Perhaps it is just a bit of the bends; but perhaps it is something more, something hidden from view, something that lies deep inside you...that is uncommon to the common man.

What the people see, and most assuredly at this point you don't, is we refuse to go down with the ship; no -- correction, we refuse to go down period.  We refuse to go to the depths that you seem to gravitate to and revel in, while we know, the ship itself, is just fine.  We just will not follow you; that is not in our nature; where you wish to take us is simply a place where we will not go, at least, not without kicking and screaming.

But you go on ahead, go on your merry little way down ...down...down; we the people will catch up with you on the other side -- I mean, the other, other side, not to be confused with your other left;  and just maybe, if the good Lord willin', we'll all have a good laugh and a story to tell for years and years in the afterlife.

Jolly Roger and tally ho, 
and 
Make it a Good Day, G