Right To Work

A “Right to Work” law says that a worker in a “union shop” can’t be required to pay union dues even though that worker benefits from the union negotiations with management.  Some states have passed these laws and they’re contested in a few other states.  I support Right to Work, not because I oppose unions themselves, but because I oppose forced political contributions .

I think unions have done a lot of good for working people (although some have gotten too powerful), and they serve an important role in labor/management relations.  The problem I see is that unions make political campaign contributions from workers’ union dues, thus forcing people to make contributions to candidates whom they may not support.  Why should anyone be forced to contribute to a socialist candidate if they don’t believe in socialism?  Unions donate almost exclusively to Democratic Party candidates.  Now today’s Democratic Party is no longer the party of John F. Kennedy; it’s the party of Karl Marx.  Democrats no longer say “ask what you can do for your country”; now it’s “ask what your country can do for you”; heck, even if you’re not a US citizen “come get the free stuff” from a struggling and declining work force.  Democrats also scrounge for every “right” that might endear them to some specific group while waging an unprecedented campaign against the most fundamental rights of all of us: the Bill of Rights. See my “Repeal the Bill of Rights” article for a discussion of how those freedoms are under attack.

Is “Right to Work” a fundamental right under the Ninth Amendment?  That’s a good question.  It wouldn’t have occurred to the authors of the Constitution to include a “Right to Work” amendment in the Bill of Rights because at that time everyone who was able to work was expected to work and neither unions nor the welfare state existed.  Rather than argue the entire issue I’ll focus on the political contribution portion, where compromise is possible.  I think that not being forced to make political contributions to any candidate IS a fundamental right.   It’s part of the right to vote itself.  I’d like to see a SCOTUS ruling that workers don’t have to pay that portion of their dues that are political contributions.  That would protect the unions’ need for funding to support labor/management negotiations and grievance resolution without forcing workers to be political campaign supporters.

As for socialists, remember the food lines in the former Soviet Union and the more recent food riots in Venezuela.  Socialists of a feather starve together, except for the leaders of course, who are more equal than the masses.

Constitutional Rights Amendment Needed

I’d like to propose a preemptive addition to the Constitution that could prevent future erosion of our freedom.  This amendment would prohibit four things from happening to human beings in the future:

Universal marking or tracking of human citizens using implanted devices, mandatory tracking devices on their person or private vehicle,  tattoos,  branding, and/or any other personal marking or tracking technology to be developed would be prohibited.

Universal mandatory video or audio monitoring within private residences would be prohibited.

Embedding or attaching timed or remotely activated devices to humans that are intended to cause pain, suffering, immobilization, or death would be prohibited.

A universal biometric database containing all human citizens’ DNA profiles, fingerprints, retinal scans, facial recognition, and/or other unique markers later discovered would be prohibited.

This would not prevent maintenance of convicted criminal data by law enforcement, use of externally-worn GPS tracking devices as part of a court-ordered sentence or probation requirement, use of Tasers by police, or DNA databases for military personnel entering combat.  It would simply prevent such technology from being used to infringe on the freedom of the population as a whole.

Note: This is a revision to a previous concept.  I’ve added the word “human” to hedge against advances in technology.  While robots may look human and be given ever more sophisticated programming they will never be “human” and are not entitled to any human rights.

Habitat III – The New Urban Agenda

This month (October 2016), the UN is holding the third of it’s global conferences on cities; previous ones were held in 1976 and 1996.  The objective is to bring together government officials, industry leaders, planners, and environmental experts to discuss the future of cities around the world.  The State Department is representing the US government.  Increasing populations will have a major effect on urban environments and demands for services during the 21st century.  I’m all for sharing ideas, identifying best practices, and making the world better; however since the UN has become the global advocate for socialism we conservatives have to look at it with a bit of skepticism.  If you haven’t read their draft document it’s available on the Habitat III website.

Like UN Agenda 21 the draft has some lofty goals.  They’d like cities to be clean, safe, sustainable, and provide opportunities for all (nothing wrong with that).  They’d like to eliminate poverty, hunger, violence, inequality, discrimination, environmental degradation, and a list of diseases.

Like UN Agenda 21 the draft has the usual list of hypocritical goals.  The UN wants equality and equal opportunity for girls and women, and an end to discrimination.  We’re trying in the West, but no Muslim country will ever grant equality to women, who are often treated as less than human.  Countries that stone rape victims for adultery and hang men for being gay don’t see equality as a virtue.  The UN wants justice.  Tell that to countries that still torture, flog, and mutilate criminals.  The UN wants participatory government.  Tell that to communist countries like China where speaking out might get you 12 years hard labor.  The authors of this document are fully aware of these harsh and unchanging realities in totalitarian and theocratic states.

Unlike UN Agenda 21 there’s no obvious explicit demand for billions of dollars to be redistributed from developed nations to the third world but it is implicit.  Countries that can’t even end their own internal conflicts aren’t going to generate the cash to build clean water systems, productive farms, modern infrastructure, and the host of services needed in a city.

Their draft items often begin with “We will …” so let’s use that to draw our “line in the sand”.

We will listen, share, and learn.  We can combine past experiences with new knowledge to build better cities in the future.

We will work with the teams to identify best practices as well as chronic problem areas.

We will use new developments and best practices for our cities that will work within our legal, financial, and cultural environment.

We will work to protect our environment within current practical technology and will continue research on new technologies.

We will help other nations reach their objectives within financial reason and as long as the safety of US aid workers can be assured.

We will NOT implement any objectives that would deprive US citizens of their constitutional rights within our borders.  For example, if their “eliminate all forms of violence” means gun confiscation, that’s unconstitutional here.  There’s a fundamental reality that there will always be bad people who want to hurt good people and that self-defense is a fundamental human right.

We will NOT allow foreign troops operating under the UN flag to conduct any operations against US citizens within our borders.  The UN is an organization, not a legitimate state, so It’s military powers are limited, or at least should be.

None of this advocates isolationism, aggression, or abandoning our allies; it’s simply sovereignty.  Borders matter, and yes, I want secure borders.  A nation without borders will either descend into chaos or tyranny.

 

The USA can work with the world without surrendering to it.

Fixing Asset Forfeiture

I discussed civil asset forfeiture in “Spoils of War” and also discussed the IRS seizure of assets for “structuring” deposits in “Repeal the Bill of Rights” under the Fourth and Fifth Amendments.  I won’t say these policies should be eliminated because, in some cases, they do serve to disrupt cash flow for criminal activities, however when the NYPD boasts that they seized more cash than they can count they sound more like Blackbeard’s pirates than civil servants.  When innocent citizens have to file expensive lawsuits to recover wrongfully seized property the system is broken, so let’s fix it.  Here’s one way.

Assets seized from people not charged with a crime must be returned to the owner within one business day if criminal charges are not filed within a reasonable time, e.g., 48-72 hours.

Assets seized from people charged with a crime must be held in escrow pending outcome of the trial.  If the defendant is found “not guilty” the assets must be returned to the owner.  If the asset was cash it must have been held in an interest-bearing account and the cash returned with accrued interest.  If lawfully acquired real property (buildings, vehicles, firearms, etc.) was seized the state must preserve and maintain that property such that it can be returned intact and without loss.  If the individual is found “guilty” the judge will determine what happens to the seized property.

I think this is a reasonable balance between the needs of law enforcement to disrupt criminal activity and the rights of citizens to keep their lawfully acquired property.  When police departments consider themselves to be profit centers the entire concept of law enforcement is maligned.

Repeal the Bill of Rights?

In “The Freedom Triangle” I explained how freedom is defined by three components: democracy, rights, and responsibilities.  Our basic inalienable rights are found in the first ten amendments to the Constitution, commonly known as the Bill of Rights.  Every one of them is important.  Every one was included because the authors of the Constitution, in their wisdom, had seen how authoritarian governments had abused their subjects and sought to protect us.  In fact the Constitution doesn’t talk about “subjects”, it talks about “We the People”.

Now the Constitution can be changed by the deliberately cumbersome process of amendment.  It’s long and tedious and the outcome is uncertain, but in this case that’s a protection, not an inefficiency.  Democrats, socialists, and other progressives, however, have found ways to weaken our rights by DE FACTO means.  That term simply means “that’s how it is”.  If you don’t like a law but can’t easily change it, find ways to circumvent it.  These tactics might be unofficial, like intimidation, or official, through restrictions or taxation.   In this article I’ll look at how several amendments are being attacked.

First Amendment:

Intimidation (aka Bullying):  At this time intimidation is the primary weapon against free speech.  It began with political correctness, a crybaby concept that has grown from a minor nuisance into a state religion.  We see intimidation on college campuses where students complain about “micro-aggression”, demand “safe spaces”, and are even told to call police if they hear something “offensive”.  Now that’s intimidation.  On a larger scale, political correctness stifles communication to a point where serious issues can’t even be discussed.

Intimidation also threatens religious freedom by erasing religious equality.  When Christian churches remove exterior crosses so they don’t “offend” Muslim immigrants they’re not accommodating newcomers, they’re surrendering their right to exist as a public entity; doing exactly what is required in Muslim countries.  From a Christian point of view they’re denying Christ just as Peter did.  When a restaurant owner is bullied into removing a sign advertising bacon for breakfast his free speech is suspended.  Jews don’t eat pork either but they’ve never tried to impose their dietary rules on others.

Legal Action:  Can the USA have laws against free speech beyond the “don’t yell fire in a theater if there isn’t one” and “don’t threaten violence”?  Maybe, because it’s happening in European countries that guarantee free speech.  In Germany a comedian has been arrested for insulting the president of Turkey, and In Sweden people can be arrested for ethnic slurs.  Some in the US are saying that “climate change deniers” should be arrested and oil companies should be sued because they “knew” their products would cause climate change.

Second Amendment:

Propaganda:   No amendment is under heavier public attack than this amendment, even though self defense it a fundamental human right.  It’s in common law because historically only the un-free (prisoners, serfs, slaves) were denied the right to protect themselves and their families.  We hear anti-gun propaganda everywhere, much of it funded by billionaires who are surrounded by armed bodyguards.  Their message: “be rich or be dead”.  They blame the NRA for Chicago violence, not the gang members doing the shooting.  They make their case with bogus logic that anyone who has learned how to think can spot as invalid.  Any criminal act is the act of a person, not an object.

Legal Action:  In addition to funding propaganda campaigns, billionaire Mike Bloomberg spends millions to buy local elections for anti-gun candidates who will then enact restrictive laws.  The result is a confusing patchwork system of laws that turn honest people into criminals while doing nothing to stop crime.  Liberal San Francisco’s laws are so tough that the last legal gun shop had to close, yet they did nothing to stop an illegal immigrant with a stolen gun from murdering an innocent young woman.  Chicago’s tough gun laws can’t stop the endless gang wars that have made it the murder capital of the US. The latest effort to drive gun makers out of business is to attempt to sue them for gun violence.  No company has ever been held liable for criminal use of their products because the company has no control over the consumer.

Taxation:   Everyone has heard Chief Justice Marshall’s statement that “The power to tax is the power to destroy” and liberals know punitive taxes can be used to deny “little people” their rights while preserving “billionaire rights”.  Seattle has a $25 tax on guns, a US territory has a $1000 tax per gun, and Hillary wants a 25% tax on guns (all for more money to squander).  What part of “right” don’t they understand?

Health care:  President Obama and his British-born Surgeon General, Dr. Vivek Murthy want to draft doctors into their war on legal gun ownership.  They have decreed that “gun violence” is a public health problem (but gang violence isn’t) so doctors should question patients about gun ownership, presumably to then evaluate their mental fitness to own a firearm while simultaneously creating a national gun registry in those digitized medical records.  Since doctors don’t get “gun violence” training (they don’t get knife or fist violence training either) they’ll be fed the far left agenda and sent out on a mission to declare as many people “mentally unfit” as possible (it’s already happening at the VA).  That won’t work on doctors who are also hunters but it will on many.  The answer is “no”.

Intimidation:  I discuss the DOJ’s “Operation Choke Point” under the Fifth Amendment.

SCOTUS:  In the case “D.C. vs. Heller” the Supreme Court upheld the right of honest people to own a firearm for self defense.  Progressives would love to get this ruling overturned.  That would effectively repeal the Second Amendment.

Fourth and Fifth Amendments:

Legal Action:  The fourth Amendment protects private property from unreasonable search and seizure without due process.  The fifth Amendment protects individuals from being deprived of “life, liberty, and property” without due process.  Government departments are using often dubious tactics to deprive people of their property without adjudication.  Here are two of them.

The IRS can seize bank assets of individuals or businesses if they suspect small deposits are being “structured” to avoid reporting requirements of amounts in excess of $10,000.  They don’t need any evidence of criminal activity, indictment, trial, or conviction to proceed.  Victims are often small businesses that deposit money regularly just to avoid being a robbery target.  Even innocent people must file an expensive lawsuit to get their money released.

Police can seize property under “civil asset forfeiture” if they suspect criminal activity, and that includes “untainted” assets, i.e., those not associated with the suspected activity.  Again the word is “suspected”; no indictment, trial, or conviction required.  Asset seizure can make it difficult for an accused person to hire attorneys and prepare a defense; a right guaranteed by  the Fifth Amendment.

Eminent Domain:  Eminent domain was included in the Constitution to allow governments at all levels to take private land, with compensation, for public projects that would benefit the community.  The intent was to support construction of roads, bridges, schools, and other public facilities.  That concept has unfortunately been expanded to allow taking of private property for private developments under the guise that they will expand the local tax base.  This “public good ” is nothing but a gift for wealthy developers at the expense of the people.

Intimidation:  The DOJ has initiated a process of intimidation not supported by any law called “Choke Point” to cut off “high risk” businesses from having bank accounts and obtaining credit.  Basically banks are threatened with legal action so they cancel the accounts of many honest businesses that pay taxes and wages.,  High risk businesses include firearms dealers, short term lenders, used car dealers, and adult entertainment.  So, what constitutes “high risk” is determined by politically motivated bureaucrats, not the law.  Congress has been urged to outlaw this practice but liberals support it because it furthers their agenda of control of the people.

Ninth Amendment:

Legal Action:  This amendment protects “unenumerated rights” of the people, i.e., those not specifically guaranteed by the other nine amendments in the Bill of Rights.  The most important right that has been asserted under this amendment is the right of privacy.  As the Federal government demands more an more tracking of peoples’ lives privacy is being lost, often in the name of the “common good”.  That is collectivism, the antithesis of what the Constitution stands for.  To make the situation even worse, neither the government nor various private data collection agencies can adequately secure their data against hacking or insider misuse.

Tenth Amendment:

Congress:  This amendment says that all responsibilities not specifically assigned to the Federal government by the Constitution remain with the states or the people.  Congress has been more than happy to de facto repeal this amendment with “one-size-fits-all” programs.  Nothing in the Constitution allows the Federal government to control public schools yet Congress created the Department of Education and has given it unlimited power over the states and parents.  This has allowed billionaire Bill Gates to fund development of Common Core, his vision of an ideal system, and coax the government to enforce it.  Nothing in the Constitution allows the Federal government to use the IRS to enforce health insurance yet it approved the ACA.  All the promises associated with this program were lies: costs will go down, you can keep your doctor, etc.  Even the insurers are losing money on this one.  Rising health care costs are a problem but the ACA does nothing to solve it.

Intimidation:  The Department of Education uses threats of withholding education money from school districts that refuse to comply with it’s directives.  Simply put, it uses our tax dollars against us.

So, that’s the picture, and it isn’t a good one if you value freedom because without rights you are not free.  Can the Bill of Rights be saved?  Yes, but time is running out.  The 2016 elections will pretty much determine whether your children will stand in freedom or kneel in servitude.

 

If you like your rights you can keep them… NOT.