From Pine View Farm

January, 2006 archive

Lawrence Tribe on Bush Spying 0

Professor Tribe addressed the NSA surveillance program in circumspect language in a letter to Congressman John Conyers (emphasis added):

The inescapable conclusion is that the AUMF did not implicitly authorize what the FISA expressly prohibited. It follows that the presidential program of surveillance at issue here is a violation of the separation of powers — as grave an abuse of executive authority as I can recall ever having studied.

Follow the link to read the entire analysis.

[EDITORIAL MODE ON]

The antics of the current Federal Administration, the arrogance, the autocratic behavior, the self-righteousness, the base hypocrisy–I am speechless.

More later.

[EDITORIAL MODE OFF]

Share

Quotations 0

These were sent to me by one of my friends. I havd not verified them, but they look real to me:

“The liberties of our country, the freedom of our civil Constitution, are worth defending at all hazards; and it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors: they purchased them for us with toil and danger and expense of treasure and blood, and transmitted them to us with care and diligence. It will bring an everlasting mark of infamy on the present generation, enlightened as it is, if we should suffer them to be wrested from us by violence without a struggle, or to be cheated out of them by the artifices of false and designing men.” – Samuel Adams

“If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.” – Samuel Adams

“A general dissolution of the principles and manners will more surely overthrow the liberties of America than the whole force of the common enemy…. While the people are virtuous they cannot be subdued; but once they lose their virtue, they will be ready to surrender their liberties to the first external or internal invader…. If virtue and knowledge are diffused among the people, they will never be enslaved. This will be their great security.” – Samuel Adams

“Liberty cannot be preserved without a general knowledge among the people, who have a right . . . and a desire to know; but besides this, they have a right, an indisputable, unalienable, indefeasible, divine right to that most dreaded and envied kind of knowledge, I mean of the character and conduct of their rulers.” – John Adams

“There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty.” – John Adams

“Nip the shoots of arbitrary power in the bud, is the only maxim which can ever preserve the liberties of any people.” – John Adams

“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” – Benjamin Franklin

“He that is secure is not safe.” – Benjamin Franklin

“The preservation of the sacred fire of liberty and the destiny of the republican model of government, are justly considered as deeply, perhaps as finally staked, on the experiment entrusted to the hands of the American people.” – George Washington

“Overgrown military establishments are under any form of government inauspicious to liberty, and are to be regarded as particularly hostile to republican liberty.” – George Washington

“Arbitrary power is most easily established on the ruins of Liberty abused to licentiousness.” – George Washington

“God grants liberty only to those who love it, and are always ready to guard and defend it.” – Daniel Webster

“Good intentions will always be pleaded for every assumption of authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters.” – Daniel Webster

“Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster and what has happened once in 6,000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world.” – Daniel Webster

“The contest, for ages, has been to rescue Liberty from the grasp of executive power.” – Daniel Webster

“Whatever government is not a government of laws, is a despotism, let it be called what they may.” – Daniel Webster

“To maintain the ascendancy of the Constitution over the lawmaking majority is the great and essential point on which the success of the [American] system must depend; unless that ascendancy can be preserved, the necessary consequence must be that the laws will supersede the Constitution; and, finally, the will of the Executive, by influence of its patronage, will supersede the laws …” – John C. Calhoun

“Shall we expect some transatlantic military giant, to step over the ocean, and crush us at a blow? Never! — All the armies of Europe, Asia and Africa combined, with all the treasure of the earth (our own excepted) in their military chest; with a Bonaparte for a commander, could not by force, take a drink from the Ohio, or make a track on the Blue Ridge, in a trial of a Thousand years. At what point, then, is the approach of danger to be expected? I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time, or die by suicide.” – Abraham Lincoln

“The things that will destroy America are prosperity-at-any-price, peace-at-any-price, safety-first instead of duty-first, the love of soft living and the get-rich-quick theory of life.” – Theodore Roosevelt

“The president is merely the most important among a large number of public servants. He should be supported or opposed exactly to the degree which is warranted by his good conduct or bad conduct, his efficiency or inefficiency in rendering loyal, able, and disinterested service to the nation as a whole. Therefore it is absolutely necessary that there should be full liberty to tell the truth about his acts, and this means that it is exactly necessary to blame him when he does wrong as to praise him when he does right. Any other attitude in an American citizen is both base and servile. To announce that there must be no criticism of the president, or that we are to stand by the president, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public. Nothing but the truth should be spoken about him or anyone else. But it is even more important to tell the truth, pleasant or unpleasant, about him than about anyone else.” – Theodore Roosevelt

“If the fires of freedom and civil liberties burn low in other lands, they must be made brighter in our own. If in other lands the press and books and literature of all kinds are censored, we must redouble our efforts here to keep them free. If in other lands the eternal truths of the past are threatened by intolerance, we must provide a safe place for their perception.” – Franklin D. Roosevelt

“It is a good thing to demand liberty for ourselves and for those who agree with us, but it is a better thing and a rarer thing to give liberty to others who do not agree with us.” – Franklin D. Roosevelt

“Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.” – Harry S. Truman

“Here in America we are descended in blood and in spirit from revolutionists and rebels — men and women who dare to dissent from accepted doctrine. As their heirs, we may never confuse honest dissent with disloyal subversion.” – Dwight D. Eisenhower

“It is an ancient truth that freedom cannot be legislated into existence, so it is no less obvious that freedom cannot be censored into existence. And any who act as if freedom’s defenses are found in suppression and suspicion and fear confess a doctrine that is alien to America.” – Dwight D. Eisenhower

“There is little value in insuring the survival of our nation if our traditions do not survive with it. And there is very grave danger than an announced need for increased security will be seized upon by those anxious to expand its meaning to the very limits of official censorship and concealment.” – John F. Kennedy

“Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and the success of liberty.” – John F. Kennedy

“The Constitution supposes what the history of all governments demonstrates, that the executive is the branch of power most interested in war and most prone to it. It has accordingly with studied care, vested the question of war in the legislature. [If a president is successful in bypassing the Congress] it is evident that the people are cheated out of the best ingredients in the government, the safeguards of peace which is the greatest of their blessings.” – Richard M. Nixon (Jeez, even Nixon–ed.)

/////////

“If this were a dictatorship, it’d be a heck of a lot easier. Just so long as I’m the dictator.” – George W. Bush (December 2000)

“Stop throwing the Constitution in my face. It’s just a goddamned piece of paper!” – George W. Bush (November 2005)

Share

Executive Power 0

The ancient Romans recognized that, in times of threat, it might be necessary to concentrate power in the hands of one man.

They called him “dictator” from the verb “dictare,” to say:

dict.are V 1 1 PRES ACTIVE INF 0 X
dict.are V 1 1 PRES PASSIVE IND 2 S Early
dict.are V 1 1 PRES PASSIVE IMP 2 S
dicto, dictare, dictavi, dictatus V [XXXCX]
say repeatedly/often/frequently; dictate (for writing); compose; order;
Syncope r => v.r
Syncopated perfect often drops the ‘v’ and contYeah, he was a demagogue and a shyster. But he was a crook racts vowel
dictav.ere V 1 1 PERF ACTIVE IND 3 P
dicto, dictare, dictavi, dictatus V [XXXCX]
say repeatedly/often/frequently; dictate (for writing); compose; order;

The dictator could be appointed by the Consuls (the chief authorities of the Roman Republic) for a term not to exceed six months. During that period, the Dictator had absolute authority (in other words, his actions were not subject to veto by the Tribunes–those charged with protecting the interests of the plebeian class, that is, the common people). At the end of six months, the Dictator’s authority lapsed.

(Remember, this was before the time of the Roman Empire; the empire commenced in 44 B. C.)

Let us compare this to our current situation.

Terrorists attacked the World Trade center.

The House and Senate of the United States decided that the executive branch needed more power to attempt to investigate and prevent addition attacks. They passed the (amusingly labelled) “Patriot Act.”

Then the Executive decided that that law, in conjunction with the FISA law, passed in 1978, did not give him enough power. Among other things, FISA established a special, secret court to oversee and authorize secret surveillance. Furthermore, it authorized the Executive to commence surveillance without prior authorization, giving it a 72-hour grace period in which to obtain authorization.

No, they were not enough for the Executive.

He wanted to do what he wanted to do, when he wanted to do it, without supervision.

Accordingly, the Executive appointed himself Dictator, with authority to disregard laws, even as he signs them, without an expiration date. And didn’t even tell anyone about it.

By God, it’s his sandbox, and he’s going to play in it! After all, he has capital.

Huey Long was once asked if America would ever have fascism. “Yes,” he replied, “but we will call it anti-fascism.”

Yeah, Huey Long was a demagogue and a shyster. But he was a demagogue who could foretell the future and a shyster who tried to help the common man, the Plebeians, if you will. Change the words, keep the thought, and Huey’s prediction is coming true even as I type this.

And Executive in this country used to acknowledge the rule of law. What a joke.

All in all, I think the Ancient Romans had a better system. At least then the public knew when there was a Dictator, and therefore knew when the term would be up.

Share

My Little Gas Price Survey, 1/9/2006 0

Prices are up significantly in the last week.

Gibbstown, NJ, Valero, $2.25.

Paulsboro, NJ, Lukoil, $2.23.

Paulsboro, NJ, Exxon, $2.13.

Paulsboro, NJ, BP, $2.24.

Claymont, Del., Exxon, $2.35.

Claymont, Del., Sunoco, $2.31.

Claymont, Del., Getty, $2.29.

Claymont, Del., BP, $2.31.

Claymont, Del., Gulf (Cumberland Farms), $2.31.

Claymont, Del., Gulf, $2.31.

Claymont, Del, Wawa, $2.31.

Holly Oak, Del, Mobil, $2.31.

Penny Hill, Del., Getty, $2.32.

Penny Hill, Del., BP, $2.32.

Penny Hill, Del, Exxon, $2.33.

Share

Fear 5

I had a stray thought this morning while I was getting ready to attend my little Methodist church.

Maybe I would benefit from reading the Koran. Perhaps doing that would help me understand Sunni and Shiite and all those things in between.

Then I thought, gosh, if I try to borrow it from the library, will I get a visit from the FBI?

If I try to buy a copy in a bookstore, assuming I could find it, would the clerk turn me in?

If I try to download it from the web, will the NSA start monitoring me (assuming they haven’t already–they seem to be data mining, as opposed to eavesdropping)?

I think we all owe Mr. Bush a wave of gratitude for making us afraid of learning.

Share

Bill Shein Predicted the Future from the Year 2001 0

. . . Now, you know the part of your dream in which the executive branch secretly spies on Americans, without any judicial oversight, and President Bush denies that it represents the grabbing of “dictatorial” powers? That’s just crazy. I mean, did you watch an Oliver Stone movie before bed? Because if an American president is ever forced to deny that he’s becoming like a dictator, the nation is probably already in deep trouble.

(snip)

Next, regarding your dream’s scene about Bush’s policy toward Iraq: The United States would never invade another country based on fabricated or misleading evidence of an imminent threat. It’s even more inconceivable that it would happen without support from the United Nations. Why? Because it would set global cooperation back by decades, and that would weaken our ability to address to urgent transnational threats — like terrorism. Why would a president want to do that? . . .

Eerily retroforecastic, isn’t it? Follow the link to read the entire column.

Share

Privacy, Smivacy, Part 3 0

The rumor is that an army of 81-year-old retired professors of history is massing at the borders even as we speak.

In the 50 years that Grant Goodman has known and corresponded with a colleague in the Philippines he never had any reason to suspect that their friendship was anything but spectacularly ordinary.

But now he believes that the relationship has somehow sparked the interest of the Department of Homeland Security and led the agency to place him under surveillance.

Last month Goodman, an 81-year-old retired University of Kansas history professor, received a letter from his friend in the Philippines that had been opened and resealed with a strip of dark green tape bearing the words “by Border Protection” and carrying the official Homeland Security seal.

The story at the other end of the link points out the Professor Goodman’s correspondent is the Phillipines is also a history professor and a Catholic and that the correspondence has been going on for 50 years. It is therefore unlikely that the Professor’s friend poses a threat to the peace, either here or in the Phillipines.

I am more and more convinced that the current Federal Administration really has no idea what to do to protect the United States from enemies without, so it’s just flailing about hoping to catch someone in its nets.

Like the numerous Al Qaeda Number Threes.

But 81-year-old retired history professors?

It ranks right up there with mis-identifying fingerprints (emphasis added).

The Justice Department’s internal watchdog yesterday faulted the FBI for sloppy work in mistakenly linking an Oregon lawyer, a Muslim convert, to the 2004 Madrid train bombings but said the government did not misuse the antiterror Patriot Act against him.

Brandon Mayfield was arrested after his fingerprint was erroneously found to match one on a bag containing detonators like those used in the Spain attacks.

It’s really not like matching fingerprints is new technology. There’s not much room for excuses here, folks.

Panicky incompetence is still incompetence. And wrapping it in the flag while maintaining an atmosphere of fear does not change that.

Share

Pastafarianism 0

An alternative to Darwinism:

Learn about it here.

Share

Sago Mine 0

This morning NPR had a powerful report on the Sago Mine explosion.

It was not an expose; it was not a policy discussion; it was not a polemic.

It was simply a narration of events. Follow the link to listen to it.

The miners and townspeople recall a grim week in a West Virginia coal town: an explosion, prayers amid worst fears, false hopes, a cruel twist and then a final realization that 12 workers are dead.

Share

Can’t Bear the Plain Light of Day 0

A Republican President.

A Republican Congress.

And he can’t get his appointments through.

I am reminded of an old Firesign Theater Album.

HISTORICALLY, PRESIDENT Bush’s decision Wednesday to make 17 job appointments during a congressional recess isn’t out of the ordinary. The Constitution grants the president “Power to fill up all Vacancies that may happen during the Recess of the Senate.” This device was intended as an emergency exception to the general confirmation rule, at a time when Congress had short sessions and frequent breaks. But presidents of both parties have, for decades now, seized on this power as a way to sidestep Senate opposition to their choices for key jobs. Ronald Reagan made 243 recess appointments, Bill Clinton made 140. With these new announcements, President Bush has made 123 recess appointments in five years.

What’s worrying about many of Mr. Bush’s recess nominees is the caliber of the candidates and the importance of the jobs in which they have been installed. Even before Wednesday’s raft of appointments, the ambassador to the United Nations and the head of the Justice Department’s Criminal Division held power by virtue of this maneuver. Now Mr. Bush has added the number two official at the Defense Department, Deputy Secretary Gordon R. England, and the head of the immigration bureau, Julie L. Myers — hardly minor jobs.

This whole charade of recess appointments could be avoided if the current Federal Administration chose to nominate competent persons for appointive posts. But that’s too much to hope for. Ideology trumps competence. And we all know what trump brings us: Greed, conceit, and bankruptcy.

Share

Privacy, Smivacy, Part 2 0

The IRS has been collecting information about citizens’ political registrations. They claim it was an accident. They also claim that they made no use of the data. The misconduct was brought to light through the actions of the IRS employees’ union:

John Dalrymple, the IRS’ deputy commissioner for operations support, wrote Kelley that he reviewed the data after the union brought the matter to his attention and found the private data collectors drew from voter registration information for individuals in 21 states.

“However, the IRS makes no use of any information related to political party affiliation because IRS rules prohibit such usage,” he wrote. “The only portion of voter registration information that is used relates to the voter’s address.”

Given the stellar track record the current Federal Administration has established for being truthful, why am I not impressed?

Share

WWJD 9

As the two or three of you who regularly read this blog know, I am a Christian. I was raised Southern Baptist (and, as a footnote, the Southern Baptist tradition in which I was raised is in no way related to the current conduct of the Southern Baptist Convention), attended Roman Catholic churches for years, because by ex-wife was Roman Catholic, and now attend a little local Methodist Church, not because of any specific adherence to Methodism, but because of the character of the congregation.

So I am well familiar with both the “evangelical” tradition and the non-evangelical tradition.

There are those around us who wear their Christian beliefs as if they were some kind of flag, while at the same time doing and saying things that are somewhat odd.

Accordingly, I found this post quite thought-provoking. Follow the link to read more:

Recently, I sat in dismay as I watched a television show that featured a prominent Christian author defending the use of torture in the war against terrorism. I was outraged that this man could try to make a case for followers of Jesus condoning such an immoral practice. I shared my feelings with a group of fellow Evangelicals and was stunned when the consensus that emerged from this group of Christians was in agreement with this author.

One of those in the group was wearing one of those WWJD bracelets that proposes that when facing any decision and in every circumstance, the question should be asked, “What would Jesus do?” He evaded the question as to whether or not Jesus would torture a terrorist.

Share

Tankers on the Delaware, Reprise 0

Last year (about a week ago) I fulminated about the dispute on dredging the Delaware as contrasted with the one about LNG-ing the Delaware.

In today’s local rag, Monica Yant Kinney, a columnist who concentrates on the New Jersey beat, unloaded on the politicians’ antics surrounding the dredging proposal:

A bunch of politicians are standing on the banks of the Delaware River arguing over whether it needs to be a scant five feet deeper.

One by one, the men take aim and mark their turf.

The goal of the game? Bragging rights, naturally. Boys will be boys, even when they’re statesmen.

Share

Forget Separation of Church and State 2

How about separation of Church and Church?

The Pennsylvania Supreme Court has rejected a Philadelphia parish’s attempt to quit the Episcopal Diocese of Pennsylvania, but ruled that the parish – not the diocese – holds title to its assets.

Share

Opera’s CEO Inteviewed by Slashdot 0

Opera CEO Jon von Tetzchner answered questions submitted by Slashdot readers.

See the inteview here.

Share

Tales from the Front 0

From the annals of the Geek Squad:

The first two stops of the day for Meade and Gudusky had nothing to do with holiday exigencies. They were networking problems – folks who had recently switched to high-speed cable Internet service were having trouble hooking up, or were trying to link one or more computers wirelessly. Flashing their badges at the door, the Geek Squad set right to work. In both cases, they encountered unforeseen obstacles (an overheating hard drive, an outdated operating system); such is the rule, not the exception. “Solving problems is what we do,” Gudusky said. “That’s the fun of it.”

Share

Snow–I Hope Not 3

We don’t get much of it here. But about once a decade we got socked.

I found an old website lurking on my webserver with pictures from the big snow of 2003, so I repaired a couple of links and edited a few errors

You can see it here.

Share

Comfort 1

Let sleeping dogs lie

Share

Brokeback Mountain–It’s Not Just the Shepherds 0

Hmmmmmm.

About 8 percent of rams are interested only in other rams, says Charles Roselli, a professor of physiology and pharmacology at Oregon Health and Science University. When their time arrives to become lamb chops, Roselli takes the brains and studies them for gay/straight differences. He spoke on his latest research last month at a symposium organized by the Endocrine Society.

Share

New Year’s Day Black Beans and Rice 0

Ingredients:

All measurements are approximate. Real cooks don’t measure.

One cp dried black beans or one can black beans

One bell pepper, chopped

Two stalks celery, chopped

One medium onion, chopped

Two cloves garlic, minced, or equivalent garlic paste or minced garlic or combination thereof

2 pickled chili peppers

1/4 tsp sage

1 tsp basil

1/4 tsp rosemary

1/4 tsp marjoram

1/2 tsp salt

1/2 tsp freshly ground pepper

3 or 4 uncooked hot Italian link sausages, sliced

3 tbs olive oil

Bay leaf

1 pour Shiraz wine

paprika to taste (that means I just shook some into the pot)

Procedure:

If dried beans, soak as directed.

Heat olive oil and saute vegetables and spices until onions are translucent.

Add sliced sausage and saute until browned.

Add beans. If using canned beans, add the liquor from the can; if using dried beans, add approx. 1/2 cup of the water used to reconstitute the beans.

Add approx. 2 cps water (enough to make a proper mix for the next step).

Bring to boil, then reduce to simmer and cover. Add wine and bay leaf when mixture starts to simmer.
Taste and add more spices as needed. You can’t take any away, so just keep adding stuff until it tastes right.

Cook until liquid is reduced to a think soup.

Serve over rice. Accompany with sliced, toasted Amoroso rolls and Keller’s butter.

Damn, looking at this, I should have added some chili powder. That would have been good.

Share