Showing posts with label supreme court. Show all posts
Showing posts with label supreme court. Show all posts

Saturday, November 24, 2012

Secession?

Since the re-election of President Obama, secession has been in the news frequently.  It started with a petition from an individual in Louisiana to be allowed to peacefully secede.  At last count similar petitions by all 50 states had been submitted to the White House's official website.  The number of electronic signatures to these petitions range from just over 4,000 to over 100,000 at the time of this writing.  I do question the wisdom of creating a personal account, including all your personal information to the website of this administration, in order to criticize them.  After all, they have shown a great deal of grace and tolerance of opposing viewpoints (sarcasm intended).  The media, with voices muffled because they are soooo far up the backside of, umm I mean because they are so deep in the pocket of the president, have been very vocal in their criticism of these petitions.  Most have focused on the legality of secession.  In fact, Supreme Court Justice Scalia has been quoted saying that secession is only legal with the permission of the United States government.  The scary part of that argument is that Scalia is one of the conservative justices.  If those quotes are actually reflective of his opinion, we are further lost than I had feared.  The basis of our Constitution and the foundation of our country is found in the Declaration of Independence.  "We hold these truths to be self-evident, that all men are created equal.  They are endowed by their Creator with certain inalienable rights...."  The government does not grant these rights.  We were endowed by our Creator with these rights.  The next, less quoted portion of the Declaration deals with the people "empowering" a government and the right given the people by "Nature, or Nature's god" to dissolve a government when it no longer serves the people.  Now, I'm no Supreme Court Justice, but that seems pretty clear.  Nature, Nature's god, or our Creator granted rights to the people.  The people grant the government power to govern.  That's the chain of command, so to speak.  The government is not at the top of the chain, but at the bottom.  We and our government need to remember, or in some cases, learn this basic fact.  While I don't think we have reached the point where states need to seriously consider the topic of secession, I definitely understand the feeling of a lack of representation of my views and beliefs in our federal government.  That being said, I have absolutely no doubt of the right of the people to secede from a union or government that no longer serves the interests of the people.  I have absolutely no doubt that right is granted by our Creator, not by our government, therefore the government cannot restrict that right.  

Below is the Declaration of Independence in its entirety.  I believe that all Americans need to familiarize themselves with the document and its meaning.  Before talk of secession becomes serious.  In my next posting, I will discuss the easiest remedy to these very serious issues.  Not surprisingly, the remedy is in our founding documents.  We have just strayed from those documents in the past 100 plus years.  

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.







Saturday, March 13, 2010

Dumping Money On the Ground

When I worked for Avis, we were required to take a class on responding to fuel spills.  The district manager said that since I had worked in and been around the oilfield when I was younger, I probably didn't need to take the class.  I told him that unless the proper response to a spill was to throw some dirt on it, I'd better take the class.

When I visited my grandparents for the summer when I was about 7, I went to work with my Grandpa Tom in the oilfield.  When the tanks are full, he would have to hire a truck to come out and haul all the oil to his buyer.  Since the cost of having the truck come out is the same no matter how much oil they haul, you would of course want to have as much oil as possible be taken in a trip.  A tank could be full, but still have a lot of saltwater in with the oil.  Oil sits on top of the saltwater (think oil spill in the Gulf, the oil stays on top). So, there was a valve on the bottom of the tank.  Grandpa would open this valve and let the saltwater spray out onto the ground.  It was my job to sit beside this spraying valve and watch for the saltwater to turn into oil.  Grandpa would go do his maintenance on the pumpjack or whatever else he needed to do.  I didn't want to let any oil spray out, that would be just like throwing away money.  So I sat staring at the brownish saltwater spraying, waiting it for it to change from coffee with cream color to coffee with no cream color.  When oil started spraying out, I would yell for Grandpa and he would close the valve to let the well produce for a couple of more days to maximize the truck's load of oil.  It was a great practice economically, but probably not so great environmentally.  Oily saltwater leaves an ugly mess on the ground.  


I think even the most environmentally insensitive oilman sees this as a bad practice today.  So, to a degree regulations were needed.  But, as is usually the case with government involvement, they went too far the other direction.  And if the federal government is involved, they will go waaaaaaaaaaaay too far.  And then go further.  And take a minute's break and go a little further.  Eventually they go so far that the producers do not make enough money to stay in business.  The Democrat/Progressive side seems to forget that the reason oil companies exist is to make a profit.  And in most cases, they will do it the right way, both for their profit margin and for the environment.  

Eighteen governors, two of them Democrats, have asked Congress to clamp down on the EPA.  They say that the EPA doesn't take the economic impact of their rulings into consideration when they impose new restrictions.  They have reached the point in some cases, where it is no longer profitable to stay in business.  As I mentioned in yesterday's post about the Grand Junction area, trickle down works in both directions.  When business is booming for the oil company, it is booming for the construction industry, the fast food industry, grocery stores, retailers, and yes, the government through sales, income, and property taxes.  Ever notice all the new schools, libraries, and jails get built during the boom years?  Then the EPA steps in with new regulations, and end the boom.  For everyone.  Including the government.  

I don't know if the current Congress has the spine, or even the inclination to stand up to the President and his anti-business policies.  But it is nice to see that the states are starting to push back.  Over the past 100 plus years, the states have let the federal government take too many of the powers the Constitution relegated to the states.  It will be very hard to get those powers back.  But it sure is good to see the process start.  Not only in the case of the EPA, but Utah has filed suit to prevent the federal government from taking more land and to try to take back the area that President Clinton took by executive action in his last days in office (southern Utah, rich with uranium, imagine that).  Montana, Texas, and others have filed or threatened to file suit over federal gun control laws.  Texas, Virginia, and others have started the process of challenging federal takeover of healthcare.  And with the recent verbal jabs by Supreme Court Chief Justice John Roberts at the president, I think the Supreme Court is signaling that it is ready to reign in some of the federal power grabs.  

Maybe the Supreme Court is that seven year old watching money spray out onto the ground.  It's time to shut off the valve. 
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