Archive for category Appreciating John

The War Power, The Sergeant, the Senator: Treason or Heroism

The Sergeant who some years ago left his post in that unnecessary and unwinnable war in
Afghanistan is either a hero, a traitor, or just a terribly young man in the wrong war at the wrong time. He spent terrible years of torture and probably said things he didn’t really mean.

Some years ago in Vietnam, Senator McCain was shot down over Vietnam, another unconstitutional war, and equally unwinnable war, confessed repeatedly to things he later recanted, once safely in the United States, and is, quite rightly regarded, despite his confessions to American war crimes, a hero. The two cases are not quite completely on all fours, as we say in the law. But the similarity is sufficient to compare with each other and with the undergirding of law.

Presidents, from George Washington to Barack Obama, who are visited by war, either their own or, like Obama, inherited from another (in Obama’s case two other) fools who preceded them, have always had this power. While not yet president, and without this act may well not have become president, Ronald Reagan communicated with Iran, telling them, in effect, just to refuse to deal with Carter on releasing our citizens from the U. S. Embassy in Iran, and await his presidency. Their deal (which killed Jimmie Carter’s hope for a second term and by the way was treason, meriting a firing squad.)

The 30, 60, 90 day notification of Congress is also unconstitutional, but not for the reasons the Republicans and Democrats alike, trumpet. Saint Paul, as I recall, said “this trumpet has an uncertain sound.” And I know he said that some leaders have “zeal without knowledge.” This is Republican and Democratic leaders on steroids, just like my former wife.

The reason the War Powers Act is unconstitutional is not what is now said by either Republicans or Democrats, as I told Joe Biden when he was both Minority Senior member of the Foreign Relations Committee of the Senate and when he was chair. I testified before his committee a few times, and he called me at the law school sometimes to chat about this. The reason is simple. Due to both a few but very senior Democrats and almost all Republicans, Congress forced the Demo’s to give the president 30, 60, or 90 days to play with Congress’ army while he picked his nose. War has not been officially declared since FDR did it in WW2. George Bush (the first) and Colin Powell, in my opinion, got it right, constitutionally, by voting 50-50 in the Senate, and then the Dark Lord, Vice President Cheney, broke the tie and we went to war in Iraq the right way by law; and they had the smarts to stop when their limited mission was accomplished. And until this time, the President, as Commander in Chief, has no constitutional power to use the United States armed forces, save self-defense.

In the Framers’ mind that means only when the United States of America, not our allies, are attacked. For Utahns, the reason J. Reuben Clark, my hero and a great patriot, a rock-ribbed Republican who served under many Republican presidents, served variously as chief legal adviser to the Department of State (then, as an deputy Attorney General on loan from Justice to State,,,,,,now called Legal Adviser to the State Department; and Vice Secretary of State, and Ambassador to Mexico; and advised many presidents between world wars one and two, on all arms control treaties between those to dreadful wars) opposed NATO was because it delegated the war power to a generation not yet born and for the defense of people, and nations, not yet born. Neither the United Nations (Korean War) nor NATO (Ukraine?) can declare war for the United States of America. This is the statement of law, the War Clause, that makes this beyond debate. Remember, that it is also the sole right of Congress: not the President of the United States, nor NATO, nor the United Nations, that decides what constitutes International law, as well. So, both Constitutional Law and International Law, save an attack on the United States, inform us that Congress, not the president or these international bodies, who determines for war or peace.

So screw the people and the Congress and president now living. When the president, any president, has this army to use, that army will never return to Congress’ care. This is unconstitutional because it is an illegal attempt to delegate to the President a plenary power, given exclusively, textually, to the Congress. Like the power over interstate commerce (the road by which most civil rights legislation is constitutional), along with the equal protection and due process of law clauses of the 5th and 14th amendments. It’s as if Congress were to say to Obama, “Say, friend, we’re so damned tired of life in Washington, despite the cherry blossoms, we will do what the Supreme Court does, and reconvene when good weather returns. We’re going to go to Balboa Island, California, where it’s nice and sunny, in ocean or on the beach, and pick our nose and scratch our butts. And better yet, we have one in eight chances not to pick both with the same finger. Even though we’ve proven, time out of mind, that we in Congress cannot chew gum and pick our nose, simultaneously (a great blessing). So, pres., you now have the taxing and the spending power, and we’ll sweeten the loaf by throwing into the pot, since you do have to stick around in this shitty weather, and give you the power also to fund and provide for the Army, Air Force, Coast Guard, and Navy. And don’t sweat it about financing things by the provision in the Constitution that spending bills begin in the House. Since you already have the taxing and spending power, do all this in the White House. P.S. please instruct the Treasury Department to deliver our checks, our salaries, and all the REALLY big bucks from the armaments industry and all those other lobbyists. We really have earned this right by selling our souls to the devil. Have a good life.

I say that both Senator and Soldier are bona fide heroes. Ed Firmage xoxox


Freeper Literature Reaching New Heights – Cliff’s Pick

There is little grace or beauty in the Obama-Hating crowd. For they are generally dull and uninformed people.

This comment posted on TheDonovan (Johan Goldberg Fans) struck me as uniquely articulate as it is incredulous.  Extra points for writing skills.

A must read.


If by ‘concrete-headed, ignorant, and arrogant group of people,’ you mean those of us who were (and remain) unimaginably pissed off by the unjustified 9/11 attacks on our country, and by the pussified, back-biting, loathsome egoism of the failing-state Eurabians and their US-wannabee-but-can’t-stand-themselves for-it cousins, the Canadians, I can only say I’m glad to be counted among them. Moreover, everyone across the water or the border who doesn’t like it can just kiss my ‘concrete-headed, ignorant, and arrogant’ American a$$.

It may look like strength to people who have no courage, no dignity, and no history of standing up for themselves or taking care of themselves, but from here it looks like little ‘Bama-boy’s taken the ‘please don’t hurt me’ approach to dealing with mean people and bullies. He may have a plan, and he may be following a script designed to play well in washed-up old Europe or among the inbred-misogynists of the middle east or in dying Russia, but most Americans see Europe and even Canada as the Lands of Lost….well…Everything. For many of us, the rest of the West has no strength, no dignity, no reason even to exist, except to take without giving, to demean without leading–to serve as nothing but an example of the decrepitude and self-pitying, pap-eating, soylent green future the rest of the world will face if it follows the same self-destructive path.

And people wonder why I am so totally for open immigration? How could anyone who can think or see what is happening to Europe, Russia, Canada, and Japan not be!

You know, a very smart fellow named Thomas Cahill wrote an excellent book titled “How the Irish Saved Civilization,” in which he discusses how Ireland became the storehouse of western knowledge and culture during the dark ages. It may be a bit of stretch to say so, but as I see it, most of the West is facing another dark ages, except it won’t recover from this one because all the life–the core essence of humanity that fuels our survival–has finally been all but bred out of the overly nice, overly peace-loving peoples of the Western world.

And the US? Well, if we don’t allow ourselves to become like the continental Europeans, if we keep encouraging immigration and letting our nation evolve as new peoples and new bloodlines are added to it, the US will survive intact and probably even prosper. And the connection to Cahill’s book is this: I see the US taking on the role of Ireland during the dark ages. All of us here today, regardless of our status or caste are descended from the smart and the tough who left those old places to find better places. We all carry within us what I’ve heard referred to as the ‘warrior’ gene, which in this case means the essence of that inner fire that makes people fight to survive–the drive that God put in all the strongest species on the planet. If the West falls into ruin and decay, it damn sure won’t be because the U.S. took it there, it’ll be because the old world finally collapsed in on itself, just as the Warsaw pact did in the ’90s

In fact, I suspect India and China are evolving toward primacy on Earth, but the US will be there too, only we’ll be there alone of the western nations (except maybe Britain and Germany, both of which may still have it in themselves to fight their way back from the brink of dissolution). As for the rest, I suspect these are the end days, give or take 100 years, which is really funny considering how the rest of the world looks at the US with disdain and loathing. Personally, I’d say they need to look to themselves and forget about us because the barbarians are hammering at the gates again, only this time they’re bringing babies and a religion that says ‘Europe is a disease. Islam is the cure.’

And finally, although I hate to see Islam win, I can’t say I mind the idea of Europe losing. Maybe it’s time for some new management over there, and the reign of some people who–if nothing else–don’t think of themselves as too smart or too intelligent to talk to God, or too cool to even allow for his existance.  People who may not agree with our choice of God, but who also don’t mock us as ignorant hicks for believing, the way most Europeans do.

And you say we’ve a group of “concrete-headed, ignorant, and arrogant” people?  Yeah, pot and kettle to me, my friend… pot & kettle.



Not Only the Worst President, but the Worst Possible President

As we debate with our good friends and Bush-apologists from Argghhh! penetrating through the minutiae, we mustn’t loose site of the elephant hovering over their arguments.

There is no precident in our recent history as a nation of any president being discussed in terms such as “the worse”, or “most hated”, “disaster”, “fiasco” etc.

I raise this subject in hopes at least maintaining a certain level of mutual honesty and their respect for us. We did not write all those books and articles (like the recent one below). We are just a few of the very, very many.

On any given day, we can read new articles such as this one.

Not Only the Worst President, but the Worst Possible President

Back in the year 2000, when George W. Bush lost the popular vote and was shoe-horned into office by the Supreme Court in spite of clear conflicts of interest on the part of Scalia and Thomas, the psychology of Little George was known to only a few. To most of us he seemed like
a doofus–a more or less well-meaning guy who enjoyed running things like baseball teams and the State of Texas if not too much work was involved. Had been an alcoholic and a drug user, but had apparently come clean in some hazy, quasi-religious way–that was his personal history to many Americans (if not to all those who met with Karl Rove behind closed doors and heard the truth).

Read entire article


Appreciating John of Argghh! and Martin Luther King

Dr. Martin Luther KingFrank and I agree on nearly everything despite his claim to the contrary.We were both, as I imagine most OneUtah readers were, pleasantly surprised to meet John of Argghhh! who came over from his MilBlog after I commented there during my evening stroll through the Milblogoshere. John swept in like a breath of fresh air with a series of honest and thoughtful comments (as blog master of one of the top Military blogs) on my favorite subject.

Side Note: As many of you know, my fascination — possibly an obsession — with understanding the mind began in 2004 when it became clear that even after 3.5 years of overwhelming evidence that Bush had lied us into war and his administration was dangerously ideological, so many Americans still supported him.

For me at least, today’s political climate today provides an especially rich opportunity to engage the thinking (or refusal thereof) of the increasingly rare, self-organized communities of people who STILL support Bush and buy into his world paradigm. End Side Note

As Frank points out, John, like Frank, is a politically conservative MilBlogger against the invasion of Iraq while being a supporter, albeit reluctant, of our military posture in the Middle East.

This morning John of Argghhh! wrote a post jam packed with observations in response to my solicitation of his thoughts on the John Dean interview.

What’s interesting is that John is openly critical of Bush et. al.

“For the record – I wasn’t in favor of invading Iraq…. Lord knows the post-war was handled badly” and “And I’ve consistently called for More Heads! More Heads! over Abu Ghraib”

Disclaimer: The following is not meant as a personal attack. I realize the words “tribal” and “tribe” conjure images of savages and cavemen. I do not mean it that way. I wish there were a better word to describe this very common animal trait, but there isn’t. We all have tribe in us. Nice words for the same are loyalty, team player, allegiance, trustworthiness, incorruptibility etc. but in the interest of clarity and honesty, I use the word tribe and it’s derivatives at certain risk of offending everyone.

But John is also clear about his loyalties. Clearly far from the from the type described in “Conservatives Without Conscience” John still describes an implicit context of the ‘other side’. With observations — to paraphrase — like; the democrats are bad too, progressives are tribal too, and “the MSM trends liberal.”

The problem with the tribal paradigm is that it necessitates seeing others through that lens. It requires the tribal mind to identify others first as friend or foe and assumes an allegiance to all members of a preconceived opposition/enemy group.
Read the rest of this entry »


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