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Edited on Wed Dec-15-04 09:25 AM by sled
Let me start with a disclaimer. I'm not at DU trolling around for converts, etc. I do think this election could very easily have been rigged, & probably was, & that John Kerry could quite likely be the rightful winner of our last election. Not only, as a vet, I did vote for Kerry, & went out & got more votes for him, including my wife's (although that wasn't hard to do), who had voted for Ralph Nader, in 2000. I have no problem that she voted for Nader, in 2000, & could easily understand why a person would vote for him, just as she can understand why I voted for Harry Browne, in 2000, & had I not believed, like so many Americans, that the 2004 election, could very likely be the election of our lifetimes, I would have been very comfortable voting for Badnarik, in 2004.
OK, now let me write this, as best I can. I started a piece, last night, attempting to address this, on the terms you laid down, & two paragraphs in, I realized, that I'd written such a convoluted, bucket of crap, that it even confused me, just trying to explain this, so I got up this morning, & deleted it, & started from scratch.
Please understand, I'm a simple guy, not an attorney, & I believe that's why Americans debate these things, without ever convincing the other of what may be valid arguments, because we try to pose as highly educated intellectuals, when in fact, most of our education occurs, long after our formal education has ended. Since I think this probably describes most Americans, including Michael Moore, exactly as he's stated, I must make arguments, in simple words, & ideas.
I consider myself a strict Constitutionalist, not in the vain of Scalia, etc., but more in line with Dr. Paul. Scalia's an "activist judge", in my opinion, because he has to twist his opinions, to match his politics, & ends up sounding like the fraud, he is. To me, the Constitution is a very simple, straight-forward document, that only a political activist, or self-serving lawyer, could twist into, this mishmash, labyrinth of law, we have today. And therein lies the rub, of anti-trust, etc. The idea of corporate rights, is foreign to me. I believe all rights lie with the individual, except those clearly defined, in the Constitution, & no group of citizens' rights, trump those of anyone of us, individually, & that no group of people has any right, greater than they would have, as a person...equal justice, under the law.
That "anti-trust" laws become necessary, in the first place, has more to do, with prior erroneous court decisions, like those that have somehow bestowed "super rights", upon corporations, when these "rights" are in fact, on their face, unconstitutional. From a libertarian position, I believe, that's the crux, of it all...a bad court decision, a law to override it, a bureaucracy to enforce it, a new court decision to override the law, etc., etc., etc., in whatever order you choose.
A more modern perspective might be 9/11, with the "Patriot Act(s)" as an example. A new law, obliterating the Constitution, bogus court decisions, to support bad law, bureaucracies, upon bureaucracies, to enforce them, & over, & over, & over again, as the Constitution & our individual rights, are trampled in the process. That's why, I can easily understand, why Ron Paul is labeled "Dr. No", when he genuinely believes in what he does. He believes the vast majority of these laws, to be, on their face, unConstitutional, & votes against them, at every opportunity. A very principled man, who loves his country, & the ideas it was founded upon. I have spoken to his former chief of staff, & he has told me as much, & that's good enough for me. You either stand for something, or you'll fall for anything.
Same with Maxine Waters, I met her, some years ago, & I find her to be a very honest, credible individual, & although we may disagree, on some points, I still believe she's a great lady, & have no problem, at all, supporting her, when we agree, & would never dare criticizing her, where we don't. Personally, I think she's the bomb. A great American, our nation's lifeblood.
I know I haven't written, directly about these "anit-trust" laws, but I honestly can't attempt to address each one individually, because I do have a life, & could run on all day, attempting to pick each one apart, & probably make a circular argument, & not even convince myself...I'm not even that smart, in the first place, but as I wrote earlier, I don't see the Constitution, as a complicated document. It says what it says.
One more point, before I close. I do believe 100% in states rights, but not the modern definition, & surely not the bogus argument, the south tried to twist, in the support of slavery. I was born & raised in the south, & I've always held the south fully accountable, for trying to use, such a righteous document, & concept, to support something, I believe, on it's face, was so cruel & unconstitutional, trying to deny the rights of man. Even though, my great-grandfather fought from 1861-1865, for the Confederacy (hell, my whole family did), I do not hold it against his legacy. He didn't even have, 40 acres & a mule, the day he died, & economically speaking, he was not much better off, than a slave himself. Was he on the wrong side? Absolutely, no question about it, but to say he fought for slavery, I think completely stretches, the bounds of reason. I think he was a nationalist, & was sadly convinced, he fought for his country, by the monied & powerful, of his day, much the same as John Kerry, myself, & so many like us, were convinced, we served our nation's best interests, during the Vietnam era, & much the same, as our young people are misled, to believe the same thing today, in Iraq. Poor men fighting, rich men's war, just the fate of man, I suppose, but it's wrong, & once again, I allude to Dr. Paul...he & his beliefs, would have never allowed Iraq to happen, in the first place, it's unConstituional, pure & simple.
I also believe a women has the right to choose, but I have a hard time understanding, why folks who defend abortion, allow this to remain a federal issue, where it rides on the blade of a knife, just one rigged election, or one bad court appointment away, from being lost from them, forever. I don't write this to pick a fight, but personally, just to throw an idea out there, if this was an issue, that was so important to me, I'd want it returned to the states, post haste, where it would be far harder to overturn, on a national level. Sure, Utah might outlaw it, & that's heavy on the might, cause who really knows what they'd do, but I'm absolutely certain, it would remain legal in most all the states, just a plane ride, or bus ticket away, & the states who chose to outlaw it, couldn't stop a women from crossing state lines, to do as she wished. And, not only that, through the power of economics, boycotts, etc., women in the states where it remained legal, could use these powers, to help free their sisters, in neighboring states, if that's what they choose to do. Better that, I think, than risking it in the hands of Scalia, Thomas, etc.
If we can ever stop talking past each other, & start talking to each other, I honestly believe, a lot of the debates, of our day, could be settled, & the answers lie in our own Constitution. No doubt, the federal government would be much smaller, taxes would be much lower, at least at the federal level, with people in each state, individually deciding, within the bounds of the Constitution, what each & everyone of them might do. To me, there's magic in that, just as the Founders may have intended, in order to form a more perfect union. Maybe give each other some room, allow for a little more diversity of opinion, with the Constitution as the boundaries, other than that, anything goes, with freedom & justice for all. Just like Rummy said, although I don't think he truly meant it, democracy can be quite messy, & should be. It should be damn hard, to make a law. We've got far too many, & most of them just muck up the works, anyway. Quit trying to outlaw, what we don't like, about the other guy. "They're should be a law"...no there shouldn't. "A nation of laws"...I just don't buy it, give me freedom, any day, anyway, the more the better, for my neighbors, & myself. I truly believe, the freer I can make you, the freer I also shall be...& I intend to free you, at every opportunity...& to corporate rights, in my mind, even though the yahoos in Washington tell me different, they don't, or shouldn't exist, if we can ever pry corporations, from the halls of our government, the better off we'll all be, & if the Libertarian Party doesn't like that, they can kiss my ass...I'm free to say that, what can they do, the same way in, is the same way out...but I kind of think that's what my party actually intended, to say, even though it gets twisted into some legalese, that personally, I can't even decipher...good intentions, terrible wording...
"We condemn all coercive monopolies. In order to abolish them, we advocate a strict separation of business and State."
Pardon the mistakes, & please don't bash me too hard...gotta run... ;-)
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