Sunday, October 5, 2008

Is of Good Character a must for being President

Although no religious test shall ever be required as qualification to any office or public trust under the United States {U.S. Constitution, Article VI), there is clear expectation all who are elected or appointed to office are bound by Oath or Affirmation to support the Constitution {U.S. Constitution, Article VI); However, the U.S. Constitution contains an oath of office only for the president

ArticleI I, Section I states any person before entering office of President, shall take the following oath or affirmation “I do solemnly swear )or affirm) that I will faithful execute the Office of President of the United States, and will do so to the best of my Ability, preserve, protect and defend the Contrition of the United States.

In 1789, the First Congress reworked this requirement into a simple fourteen-word oath: "I do solemnly swear (or affirm) that I will support the Constitution of the United States." On July 2, 1862 Congress put into law an oath for every person elected or appointed to any office ... under the Government of the United States ... excepting the President of the United States" to swear or affirm that they had never previously engaged in criminal or disloyal conduct.

In 1844 Congress repealed the requirement in the oath pertinent affirming the never previously engaged in criminal or disloyal conduct prior to taking office. Here again an exception should be noted. Although not in the oath TITLE 10--ARMED FORCES Subtitle A--General Military Law PART II—PERSONNEL, CHAPTER 33--ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES ABOVE WARRANT OFFICER GRADES, Sec. 532. Qualifications for original appointment as a commissioned officer distinctly and clearly identifies “is of good moral character” as one of five requirements for appointment to the government office and duties of military commission.

Considering the President of the United States appoints all individuals holding a military commission it follows the person doing the appointing be of goo character. Considering the Office of President is the only office having a specific oath or affirmation to the Constitution identified ion the Constitution this gives indication of all elected and appointed offices of government, this is the one office voters should have the most vigilance to ensure they are voting into office a person being of good character.

One needs only to read the Federalist Papers and other document authored by the writers of the U.S. Constitution to understand they believed being of good character was an essential eligibility requirement to hold elected and appointed office.

Consequently being of good character is relevant and critical qualification pertinent to fitness to hold and perform duties of President of the United States.

Thursday, October 2, 2008

Obama-Biden Military Intervention Policy Change-2008 VP Debate

During the Thursday October 2, 2008 vice president candidate debate Senator Biden distinctly and clearly expressed desire International Law be changed to allow U.S. Government to have the autonomy to uninvited and against the wishes of another country to cross a countries boarder and conduct military mission within lands of another nation to conduct military operations intervene is situations and circumstances of genocide or when the country is harboring terrorists dangerous to the United States.

His standard for approving such being the world’s place force is: (1) success is certain; (2) The military capability exists; and (3) the mission is Philanthropic, Humanitarian, or limited raid short duration raid or assault..

Yes Obama’s potential war and military operations will able virtuous, noble, just, cheap. and of short duration of months rather than years. Obama’s and Biden’s combat and other military operation will not be unjust, wrong and ill advised like the military operations currently being conducted in Iraq and Afghanistan.

The suggested policy change does not hold up under reasoned scrutiny. Changing International Law to allow a powerful nation to take out a target of interest at a point of location in another country as determined by creditable intelligence has none of the state obligation and responsibilities to establish legitimacy of state to act in such a hostile and belligerent manner. Crossing border into territory controlled by another government without permission of that government isn’t innocent passage; it is an act of war or of hostility when the United States uses its arm forces in such a manner to achieve its aims.

There is undisclosed danger of international criminal responsibilities that may be enforced, imposed and prosecuted against the officers, agents and elected office holders of government of the United States authorizing such operations. More importantly each member of the U.S. Armed Forces deployed becomes adversary personnel even if they are lawful combatants. Conducting policing actions in other countries is not the same as conducting law enforcement domestically. The U.S has no jurisdiction to get involved unless invited by another government or sanctioned by UN obligations, other treaties, or President is exercising war powers act authority.

In regards to adversary personnel there are the further complications of The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute). Yes, Senator’s Obama and Biden are certainly displaying their expertise pertinent to conducting military operations and International Laws of Armed conflict.

Somebody need to get Senators Obama and Biden to explain this change they want to implement and how they are going to get out of the Geneva Conventions and other treaties the United States has signed and agreed too.

U.S. Constitution, Article I, Section 3 pertinent to point made in VP debate

The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.

The Senate shall choose their other Officers. And also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

My interpretation is there is intent the Vice President has a direct active participates presence in the political decisions of the Senate. It limits and restrict vote to being the tie breaker vote, but use of President pro tempo indicates a power to preside in the absence of the Vice President. Although duties of President pro tempore are essentially ceremonial, this does not mean the Vice President duties to preside in the Senate limits the Vice President to being a silent unseen officer and member of the Senate.

The Economic Crisis and the making of the new Imperial Socialist Welfare States of America

The current economic crisis and the concurrent differing philosophies of both the Presidential candidates and the two major political parties bring some attention to the transformation of government that might be coming with generalized promises of change.

Media elites reporting news and teachers and professors in our public and private schools are doing less fair and balanced reporting of the news and less teaching of reading, writing and arithmetic in favor of being strong practitioners of Herd Morality. Buy–in to herd Morality is so strong within American educators and the media elite members of these occupations want so much a government more committed to being a socialist welfare state and extraordinary regulating all aspects of living, sleeping, eating of individuals and the doings of commerce and private enterprise, that they are actually indoctrinating more government regulating, increased government bureaucracy, and extraordinary redistribution of wealth so all have the same standards of living whether all people are fairly contributing and participating in earning wages or not.

Herd morality aims at the removal of everything dangerous to life; it seeks the common security and avoidance of risk, and promises all have guaranteed equal participation in the good life. Herd Morality is the candy politician’s use for buying votes, and it seldom gets any scrutiny pertinent to what the cost will be.

There is seldom any mention of the potential danger of becoming a police state as the state (government) begins getting more and more inherent right to act on behalf of the health, welfare, morals, and safety of their citizens. Care must be taken on the degree of consent given to government encroachment into private life, private business, private banking, and private investments under disguise of social, consumer, environmental, economic, and free market protection programs. For instance are absolute unquestionable imminent domain rights of government to seize private property without question under disguise of urban renewal and economic development good?

When it comes to being governed there is concepts of protecting health and safety, providing collective benefits, and regulating abuses of private power. However the U.S. Constitution clearly intends a government of limits and defined powers and authority. Consequently the U.S. Constitution creates a paradox of limiting growth of power and intrusion into private lives while also leaving much to the risks of human nature to be enticed by politicians gaining office by promising more entitlements and benefits from government.

Politicians without scruples have no hesitation buying votes by promising better or more government entitlements and benefits. The cost to the taxpayer is never given full and open disclosure before the election. The 1964 expansion of Social Security to cover disabilities and other health and safety beyond what it was originally intended is an example of costs of the program expanding and the politicians not minding the store. The current economic crisis is most recent result of elected officer holders putting their gain of personal political power, party political power and wealth ahead of performing duties in the best interests of the nation.

The current economic crisis began with the lack of being of good character of many representatives in the house and senate. The better solution to fix this mess depend on elected members of the House and Senate remaining faithful to the system of government the U.S. Constitution put in place having clear intent to protect individual rights and to limit and restrict government intrusion into nationalizing private enterprise and private business.

The conduct and behavior of several members of the House and Senate certainly-so forced me to fall out of my chair with their focus to point finger and assign blame. The worse act and deed of despicable conduct and behavior was that of Representative Nancy Pelosi who moments before serious matters needing bipartisan agreement and approving vote, gave deliberate speech of her own free will and choice seeming to have direct purpose to sabotage bipartisan passage of the bailout/fix the economy bill. After the vote Representative Barney Frank and Senator John Kerry went on a blitz of interviews of putting all blame for all that is wrong on the Bush administration and Republican party office holders in the house and Senate.

In my opinion these three individual’s give clear example of being of dishonorable character. The failure for causing the current economic crisis resides more within the legislative branch of government than the executive branch. Although it is true the executive branch can advocate domestic policy and regulatory changes and has authority to make necessary rules and regulations to enforce law, it is the Congress that writes law and ultimately approves the law.

The failure of leadership in this financial crisis was and is within the committee and party leadership in Congress. The corruption, greed, and incompetence allowed within financial institutions has a significant contributing cause of action and inaction of Congress to produce governing legislation (statutes, Public Laws, and regulations) having best interest of the nation in mind.

Former Governor Huckabee of Arkansas commented a few days ago "that this might be the first presidential election in history where the winner will demand a recount". It is sad the current economic crisis caused such a comment to a potential serious truth, but it also indicates why this years elections are important and why some politicians have so much fear about voters discovering the truth before they vote.

The Economic Crisis-Failed Leading-and mixed thoughts

The leadership failure was and is in the Congress. Elected and appointed officers of government and elected representatives of government being of good conduct and putting the best interests of running government and the nation ahead of party politics and personal advancement of gaining stronger political power and taking advantage of position of elected office to gain wealth. The current economic crisis is a result of too many representatives in the house and senate not responding to the value of the people who elected them but rather giving stronger allegiance to party and their own self interest to further their political career, political influence for their personal gain. The problem begins with the lack of being of good character of many representatives in the house and senate and the better solution to fix this mess depend on elected members of the House and Senate remaining faithful to the system of government the U.S. Constitution put in place that protects individual rights and limits government intrusion into nationalizing private enterprise and private business.

Government 101 is three branches of government. The Legislative and Executive (2 of 3) branches have direct influence and oversight of economy, banking, commerce, trade and all the activities that cause employer worker relations to flourish and profits and losses from investments possible.

The first bill considered by the first Congress was a bill to raise revenue to pay the expenses of the Government. Thus first act of Congress after signing of the U.S. Constitution on September 17, 1787 concerned taxes.

On July 21, 1789, member of the House of representative, James Madison, proposed amendments of the Constitution securing to the citizens guarantees comprehended in the first ten (10) amendments more familiarly known as the Bill of Rights. So closely connected to being part of the original U.S. Constitution many people presume they were signed concurrently with the signing of the U.S. Constitution on September 17, 1787. However, the first ten amendments passed Congress on September 25, 1789, were subsequently ratified by eleven states on December 15, 1791 and Secretary Jefferson announced the adoption on March 1, 1792.

Pertinent to the current economic crisis is the Fourth, Ninth, and Tenth Amendments are very applicable as the solution will result in changes in regulatory oversight and dangers of government encroachments of Congress

The Fourth Amendment guarantees the security of the people in their persons, houses, papers and effects against unreasonable searches and seizures. Scrutiny of the Federalist Papers and other writings of the time disclose the fourth amendment resulted from concerns the government shouldn’t have power to invade privacy through use of general search warrants.

The Ninth Amendment clearly indicates the Federal Constitution is but a delegation of powers to include implied powers not specifically identified, but that the people also retain many rights which are not enumerated, and the Government has no power to interfere with these rights. This certainly identifies a primary purpose for why a Judicial Branch to include Supreme Court exists. It’s purpose is to determine the demarcation between implied powers of government and the not enumerated rights of the people when implied power of government and rights of the people get into conflict of needing decision if government has the power or not.

The Tenth Amendment is vitally important in preserving the powers of the States and the people against encroachment by Congress.

Regarding the current crisis it is Congress that has the power to determine how much the power of government needs to encroach into private business, private banking, and private investments. Care needs to be taken on the degree of encroachment as too much encroachment (grab of power) will result in the involvement of the judicial branch of government as there are Constitutional concerns if the power grab is extraordinary or excessive.

Consider the original Bush plan, it seems to me intent was to avoid extraordinary or excessive encroachment of government power. Either case the Congress controls the budget and the monies and the problem will take several fiscal years to fix and thus it was and is Congress having the ultimate decision making authority to approve or disapprove the spending plan as future budgets are not even yet drafted.

Congress, yes it is the actions and inaction of Congress that contributed most to causing this crisis. Yes--corruption, greed, incompetence and negligence on Wall Street is the most visible cause, but when the cat is away the mice will play very appropriately describes what Congress’s responsibility in this mess is.

Congress needs to act and it needs to do so in a unified cooperating bipartisan as the solution is not quick and requires more than one Band-Aid at one point and time. The problem requires a dressing that needs to be changed as the problem gets fixed. This is why certain politicians with their blame and point the finger speeches of hatred and got to keep my power speeches has me considerably upset. They can disagree and fight for change, but the nation doesn’t need the Democrats must be in power or the Republicans must be in power, it needs elected official working together in the best interest of the Nation. There is also very clearly a few elected officials who lack the education, experience, and common sense to even be there productively contributing to the solution, and quite frankly are more valued members of idiots-and-fools-are-us rather than of the House and Senate.

The law making power and the approval determining power of where revenue collected to run the government goes is the Congress. The power to make laws (to regulate, write and approve public laws/statutes) cannot be delegated by Congress to the top executive officer government (The president) any other elected or appointed officer of an executive department or administrative office. But Congress can vest in executive officers the power to make necessary rules and regulations to enforce law. Consequently there are limits on how much money the President and executive departments can divert from intended budgeted appropriations without getting some sort of consent from the Congress. The President can only make rules and regulations within intent of already established Constitutional and Federal Law.

The failure of leadership in this financial crisis is within the committee and party leadership in Congress. Time to let your representatives know it’s is time for them to honestly earn their paycheck by doing the work of government in the best interest of the nation rather than for their personal benefit or political party’s benefit.