Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts

Saturday, June 7, 2014

Armed and Stupid

October 28th, 1880.  A group of rowdies, loosened up with whiskey and high spirits decided it would be a fine night to shoot their guns into the air.  Fred White, the town marshal didn’t figure that rousting the townies with gunplay was a great idea and so he moved to put a stop to the festivities.  He found one of the men in a vacant lot and confronted him, “I am an officer, give me your pistol.”  White grabbed the barrel of the gun held by Curly Bill Brocious.  When Curly Bill didn’t immediately comply White yelled, “Now you god-damned son of a bitch, give me that gun.  White jerked on the barrel and the gun discharged sending a bullet into White’s groin, the muzzle blast setting his clothing on fire.  Almost immediately Curly Bill was sent to the ground, struck in the head by a pistol wielded by Wyatt Earp.  Two days later Fred White, age 32, died of his wound.  As a result of White’s death, an ordinance was passed by the town council prohibiting the carrying of deadly weapons in Tombstone, Arizona. 

June 2014 and Americans are strutting the streets carrying guns; holstered pistols and long guns (often assault type rifles) slung over their shoulders; they are in wild west parlance “heeled.”  I’d like to say that we’ve come a long way in 134 years – but we apparently haven’t.  In the wake of increasing mass shootings businesses have had to do what lawmakers lack the testicular fortitude to do.  They are banning the carrying of weapons on their premises.  Starbucks, Chilis, Sonic, Jack in the Box and Chipotle have all adopted policies banning the carrying of long guns into their stores.  The latest battleground is Target.  A group called Moms Demand Action for Gun Sense is circulating a petition asking that the store ban the carrying of weapons into their stores after an armed group called Open Carry Texas walked through a store. Could it be that the gun nuts locked on to the name Target and figured this must the place “fer bringin’ yer fowlin’ piece to?”  No Billy Bob, that’s not what they had in mind when they named the place TARGET. 

Saturday, March 23, 2013

A Convenient Epiphany



In the capitals of our nation a person’s worth is defined by the size of his bank account, his clout or his political expediency.

There has been a mass epiphany within the ranks of the Republican Party's politicians.  For many in The Grand Old Party, the notion of gay marriage no longer poses the threat to western civilization that it did about 5 months ago.  Let me think, just what was it that happened 5 months ago?  Oh yeah, I remember, that was along about the time of the last election when the self-described Party of Lincoln got shellacked when it came to garnering votes from just about everyone who isn’t an old white guy.  And just for the record I'm an OWG myself. I just happen to be an OWG who doesn't relate at all to the GOP. 

Saturday, March 16, 2013

What's Happened Here?


When did it all change?  Why did it all change?  How did it all change so much?  I grew up in the suburbs of San Mateo.  It was a middle class neighborhood in the hills above the town, on the San Francisco Bay Peninsula, about 30 minutes south of San Francisco itself.  It was the fifties and sixties; a time when we boomers lived the American Dream defined by well-manicured lawns, ranch style homes and the notion that we, the children, would live in a better America. 

Saturday, August 6, 2011

America I

 In a progressive country change is constant; change is inevitable.  Benjamin Disraeli.


What a country”, Yakov Smirnoff used to say.  For those who don’t recall, Yakov is the comedian from the (now former) Soviet Union who made his living comparing his homeland with America. “I left Russia, and then I got to New York, I got off the plane and I see my name written, Smirnoff. America loves Smirnoff, I said to myself, what a country.”

What a country indeed.  It’s the land of my birth, the only home I’ve known for nearly sixty years.  During his much shorter time here I wonder if Yakov has found it to be the paradox that I’ve found it to be.  It’s a country that not only hasn’t figured out what it is; it doesn’t seem to know what it wants to be or what it should be.  What change I've seen in six decades.  And I'm not talking about the television evolving from a big console to a pocket sized device that does everything but grind your coffee.  I'm talking about the tough change; the cultural, societal change. The change that creates conflict.

When I was in grade school, we were taught that America is a “melting pot”, a place where people from different countries, backgrounds and cultures all come together to add their own ingredients to a uniquely American stew.  But the key ingredient in the recipe for this melting pot has always been assimilation.  Park your culture and your language at Ellis Island and you’re welcome.    

As I was growing up, a notion came along that maybe the melting pot wasn’t such a good thing.  That idea gained traction in 1968, when students at San Francisco State demanded and got the nation’s first Ethnic Studies program.  The whole idea of Ethnic Studies was ridiculed of course; basket weaving with a sort of ethno-sociological twist.  At the time I was one of the cynics posing that oft asked question; “What in the hell could anybody hope to do with an Ethnic Studies degree?”  I long ago changed my opinion and since 1968 many colleges and universities have done the same, offering their own Ethnic Studies programs.  But that’s not to say that the discipline isn’t free of detractors.  I only need look to my neighboring state of Arizona which recently enacted a law that takes deliberate aim at Ethnic Studies.  The most salient provision prohibits classes which "promote resentment toward a race or class of people, are designed for particular ethnic groups or advocate ethnic solidarity instead of treatment of pupils as individuals.”  Folks clinging to that “melting pot” idea, trying to push the pendulum the other way.  Anger at those who refuse assimilation.

Shortly after I graduated college I started living and working in the City of San Francisco and was horrified to board the 38 Geary to hear the babbling Chinese, Spanish, Tagalog, Russian and who knew what other foreign tongue. This is after all, America I reasoned; let’s all speak American. Thirty some years later I find that mixture as American as apple pie; or maybe I should say as American as chow fun, menudo, adobo or piroshky.  From my perspective we’ve broadened our horizons, enriched our culture and even added a measure of charm.  But there are plenty reading this who’ll argue that America as a culture is becoming watered down and bastardized.  Could some of those folk be the tourists visiting San Francisco's Chinatown to see China in America?  Isn’t it quaint to hear Chinese spoken in America and see those pagoda style buildings, buy some cheap jade or a tee shirt with Chinese characters that say who knows what?  Just so long as it doesn’t go beyond the boundaries of that little ghetto.  Japanese is ichiban in Japantown and Italian so old world in Little Italy but let’s just leave those languages within their enclaves.  They're a sort of real life Epcot and the residents not so much people as attractions.  An American conflict.  Are we a “melting pot” or an international potluck?  Do other nations have such a conflict?  Do they worry enough about it to have a conflict?
  
In America depending on your god of choice you can go to the mosque that sits in proximity to the temple near the cathedral down the block from the Baptist Church which is cattycorner to the Methodist Church that sits a couple doors down from the tavern that’s next door to the bank. We pride ourselves on religious freedom except when, “Your religion stinks," as one of my wife’s co-workers once told a Jehovah’s Witness officemate.  It’s in the First Amendment; that oft quoted and frequently misunderstood clause which says you can worship anyone or anything you like from Jesus to Allah to Buddha to John Barleycorn and even that other almighty, the dollar.  Religious freedom is a simple concept unless you’re a pizza magnate who would be president; a president who would see nothing at all wrong with banning mosques.  The pizza monger who would be king?  Just another case of failing to put the theory of The Constitution into practice.  There seems to be a lot of that going around these days; trampling The Constitution.  Trampling The Constitution is all over the internet.  If you doubt that just Google, “trampling The Constitution.”  Most of it is ideological rhetoric about one president or another “trampling The Constitution.”  No, trampling is the everyday stuff, like the guy who’s going to invite me to leave “his” country for writing this stuff.  Or the “good neighbor” who etched a swastika in a Jewish woman’s car here in Hercules.  Or the legion of folks across the nation who are willing to drag Casey Anthony to the gallows even after a jury acquitted her.  We cherish The Constitution until it becomes an inconvenience.  And then we're willing to do some serious trampling.  Isn't it when the going gets tough, when we're ready to give in to our baser emotions that the very value of that document becomes most apparent?  

In his 1831 work, Democracy in America, the French aristocrat Alexi de Tocqueville wrote that discussing politics is “the only pleasure an American knows.”  Nearly two centuries later that still holds true; or maybe it doesn’t.  It’s become very trendy these days to say that civility in pursuing that “pleasure” (as Tocqueville put it) of political discourse has disappeared.   I’d like to take the opportunity to disagree.  No, not that civility has disappeared.  I disagree with the premise that civility in political discourse ever existed.   Civility has been absent from politics since Caesar gasped “Et tu Brute” after being shivved by his erstwhile pal, Marcus Brutus.  And was there any civility in calling Andrew Jackson’s mother a whore in the middle of a presidential election?  Maybe she was a whore but it still wasn’t very civil to put it out there like that.   No sir, I hold no delusions about American political discourse; it’s mean and nasty and as for myself I can be as uncivil and uncouth as a radio talk show host with friend, family or stranger and then sit down with my counterpart over a cold beer.  Isn’t that really the way it should be?  Unfortunately we’ve let discourse harden into ideological walls and created a nation stalled, divided and, many would say, in some real trouble.  In this electronic, information age, free speech, a cornerstone of our liberty has run amok and turned us into supplicants to ideologies that seek to stifle that self-same freedom in others.  And to all of this let’s add the irony that we’re all in all a politically apathetic lot. The last time that 60% of the voting age population turned out for a national election I was a junior in high school and not since I was in grade school has the voting eligible turnout even touched 40% in a mid-term election.  We have an electoral system that is the envy of other countries yet we take it for granted, tune out, drop out, complain that we elect crooks to office and then blame someone else for our woes.  Maybe Tocqueville had it all wrong.  To be continued...

Sunday, July 24, 2011

Justice Served -- Late or Not At All

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State ~ From The Sixth Amendment of The United States Constitution

So it’s come to this.  California is closing the courthouse doors.  The recently enacted state budget is slashing 350 million dollars from the California Judicial System.  Over the last three years the court budget has been reduced by more than 30 percent.  And of course, he remarked dryly, the criminal element has chosen to reduce its activity by 30 percent so as not to further burden the groaning justice system.  This is just another casualty of the scorched earth, revenue free budget passed by that pompous Sacramento crowd. 

Let’s take a moment to delve into some of the details of what the budgetary meat axe wrought.
                You’d best get used to that albatross you once called your loved one because a divorce is now going to take 18 months.  That’s going to take a toll on the kitchen crockery.
                Lawsuits are now going to take five years to get to trial.  On the plus side I guess this gives the frivolous a few moments of pause but a truly egregious offense will fester. 
                Child custody cases which used to take four weeks will now wait for up to four months and there really isn’t anything humorous or cute I can say to that.
                In San Joaquin County the small claims court is closed.  Yes, I said closed, as in out of business.  So you’re a landlord whose property got trashed or a tenant whose landlord unfairly kept a deposit?  You’re just going to have to suck up that loss. 
                According to an article in The L.A. Times, the cuts may require changes in the law allowing for shorter trials or trials without juries.
                And you know that right to a speedy trial that The United States Constitution guarantees.  Well you can look for that guarantee to expire soon.  Closed courthouses, staff cuts and shorter hours will guarantee nothing but a pushed out trial date.
                But here is my favorite of all from The Times article, “State lawmakers raided Judiciary Branch funds for courthouse construction to balance this year's budget. The funds, built up through legal fees and fines, were supposed to be used to replace decrepit courthouses riddled with health and safety problems. State legislators said the funds would be repaid in more solvent times.”  That’s absolutely hilarious.  They’re going to pay it back.  That money is as gone as the 500 dollars you loaned to your 20 something year old child who says he swears he'll pay it back once he's back on his feet.  The difference of course is you love your child and you'll simply write it off.  Nobody loves the legislators, I dare say not even their parents.  I wouldn’t loan a thin dime to any of those brigands.  And if they don’t pay it back I suppose the courts can sue the state; that is if they have time to wait for it to go to trial.

Look, this is nothing short of travesty.  In a previous post, I commented on The State Legislature abdicating its responsibility and here is yet another instance.  It is a case of the budgetary knife cutting not just to the bone but into the bone so that the marrow is oozing out.  And we have a Republican wing of the legislature to thank for this.  A contingent that has made a no taxation vow come hell, high water or the rending of The Constitution.  Republican bashing you say?  Sure, but if it were on the Democratic foot I would be bashing them and frankly I’m a little tired of the continual caving on the part of the Democrats.

I’m also getting a little tired of the shop worn “tax and spend” cliche and the overworked analogy of “Well when you max out your credit at home you stop spending."  Personally I recall a time when my expenditures were exceeding my income.  Yes I did cut where I could but I also decided that I needed to raise more revenue and that’s just what I did.  I took a second job.  It wasn’t fun and it put a crimp on my lifestyle but I needed more revenue.  Well, California needs more revenue and while that might not be fun either we’re well beyond the point of biting that bullet.

Many of the cuts could have been avoided simply by renewing a quarter-percentage point increase in personal income tax and a one percent increase in sales tax.  These aren’t exactly usury taxes that require pulling the musket down off the wall and marching on Sacramento but a minority of legislators dug in their ideological heels.  The result is that in The State of California you’ll have your justice served; it will just be served late and cold.