THOUGHT OF THE DAY

Separation of Powers in Action – U.S. v. Alvarez

The U.S. Constitution establishes three separate but equal branches of government: the legislative branch (makes the law), the executive branch (enforces the law), and the judicial branch (interprets the law). The Framers structured the government in this way to prevent one branch of government from becoming too powerful, and to create a system of checks and balances.

Under this system of checks and balances, there is an interplay of power among the three branches. Each branch has its own authority, but also must depend on the authority of the other branches for the government to function.

U.S. v. Alvarez is an excellent example of how the three branches each exercise their authority.

In a Nutshell

  • The Legislative Branch – Congress – passed the Stolen Valor Act of 2005, punishing those who misrepresent that they have received high military honors.
  • The Judicial Branch – the Supreme Court of the United States – ruled in 2012(link is external) that the Act was unconstitutional because it infringed on the right to free speech protected by the First Amendment.
  • The Executive Branch – the Pentagon and the President – took action within a month of the Supreme Court’s decision establishing a government-funded national database of medal citations – phased in over time – to enable verification of military honors.
  • The Legislative Branch – Less than a year after Alvarez was decided, Congress responded with legislation that sought to remedy the constitutional problems in the 2005 legislation, which the Supreme Court decided in U.S. v. Alvarez were in violation of the First Amendment.

    The new legislation continues the prohibition on false claims of military honors in instances outside the protection of the First Amendment. However, the Stolen Valor Act of 2013 narrowed the original legislation in the following ways:
    • Repealed the prohibition against wearing such awards without legal authorization.
    • Limited the prohibition to wearers who act “fraudulently” and “with intent to obtain money, property, or other tangible benefit.”
    • Limited the prohibition to the Congressional Medal of Honor and certain, specified decorations or medals.  

But the fact remains that the Judicial Branch is not a separate part of government as expressed by the other two branches. The Judicial branch is dependent on the the other two branches for employment and advancement, therefore making the Judicial Branch a dependent branch of government. Until this is remedied, the government is in violation of the Separation of Powers Restoration Act. The Separation of Powers Restoration Act amends the Administrative Procedure Act to require that courts must decide for themselves “all relevant questions of law, including the interpretation of constitutional and statutory provisions, and rules made by agencies.” How can the courts do that if they know that advancement is judged on how they rule on cases, especially politically motivated cases. This interference is akin to coercion and can become problematic when courts rule along party lines. The current Chief Justice is perfect example of a person that has received retribution for voting his conscience. While we all feel every Justice has earned their position, their are going to be some very important questions asked and the weight and influence of politics is going to weigh heavily on what should be easy answers and that is completely unfair for the Justices. Friends might be lost, family might lose some of their luster in the eyes of other family members, all because of politics, something that is not part of the Judicial branch.

The remedy is simple, every branch chooses their own employees, that should also go for the Judicial branch. The Supreme Court should be the ones to nominate the next Supreme Court Justice, with the other branches being relegated to the confirmation process.

But I will say hahaha… because while the remedy is simple, the egos on people will not allow themselves to do the right thing and fix the apparent conflict of interest and give up power even when it benefits the nation as a whole.

Let me also add that all the Justices were rated highly by the American Bar Association, a peer review that is trustworthy and are pillars of their profession and this is not a criticism of them personally but how politics tries to influence every facet of life and we desperately need a branch of the government that is apolitical so we can get definitive answers that would calm the storm before it becomes a hurricane of political unrest, like what’s happening now.

QANON IS QUAZY

qanon

QANON, who will probably hack my computer after I write this, but that’s alright, it won’t be the first time I had classified material stolen from my computer, is telling anyone that cares to listen that everyone is a pedophile unless you vote like them. The problem with saying everyone is a pedophile is that no one then is a pedophile. These allegations will become the same as crying wolf when it’s red riding hood, which I’m sure the boy scouts would love instead of the wolf. These allegations deaden the facts that there are some real life predators out there and they are going to be overlooked because of this crazy conspiracy campaign. People , like pedophiles and rapists, in my opinion, are the worst class of human being. People that use their power, influence and /or authority to force a minor or a woman to have sex with them with threats of harm or reprisal should get the death sentence because they are severely flawed individuals that need a restart and should start believing in the Hindu religion or become Buddhists (because of the reincarnation factor not because those religions promote any kind of sexual deviancy, I’m hoping you got that but I’m going to say it anyway). It’s going to be harder for parents of children (that were in the boy scouts in some instances) and women to be taken seriously if there is no accountability for stupid remarks and it belittles people that went through these traumatic experiences.

So please stop saying it unless your goal is to have people believe that no one is, then I have to wonder why you are doing that?

THOUGHT OF THE DAY!

movies

Being retired I spend most of my days watching TV, the most I have ever done in my life and what I discovered is that entertainment plays a crucial role in society. I am a big fan of this industry. They show us what compassion looks like, bravery, good morals and what it is to do the right thing. Their art shows the contemporary realities of today in a way that you just can’t help admire. Now I know that these are fictional characters but the message being sent to the youth is important. The good guys show why it’s still cool to be a good guy. While real world realities might sometimes be different, the entertainment business gives us a lifted spirit sense of ourselves, (my mind just went blank as I was writing this). My favorites are anything that Chuck Lorre does, almost anything on CBS… Bull, NCIS, FBI… etc to blockbuster movies. I really admire these shows and movies for their excellent content of guiding and inspiring people to be better. For some reason though, I go to sleep admiring them, wake up not liking them and ten I watch them again and I admire them all over again. It seems that sometime between watching them and admiring their content and waking up, there is somekind of transformation. Best guess is I go to sleep and the hypno movie ferry comes in and gives them bad reviews and then I watch them again and I admire them all over again… until the next morning. It’s crazy. So, long story longer and weirder, I don’t know what happens to me during the night but I’m not a fan in the morning but I am in the evening and then brainwash, rinse and repeat. Some people just like creating chaos and animosity, it suits their purpose.

THOUGHT OF THE DAY

impulse

An impulse control disorder is a condition in which a person has trouble controlling emotions or behaviors. Often, the behaviors violate the rights of others or conflict with societal norms and the law.

Signs and symptoms of impulse control
  • Engaging in risky or promiscuous behaviors and/or activities. (so no making love with your significant other in a car? Just missionary style and close your eyes when you goddamn do it!!!)
  • Stealing from family members, friends, or stores.
  • Starting fires. (So buy an electric stove)
  • Lying. (They always pick on politicians)
  • Hair pulling. (ooof, I knew it was a bad idea when she told me to do it)
  • Explosive violent outbursts against others or property of others. (All lawyers and stop kicking doors down)
  • Extreme defiance. (MLK, Ghandi, BLM movement, the pilgrims, Boston tea party…. doesn’t seem right)
  • Running away for no apparent reason. (All marathons must be cancelled and jogging is illegal, just buy a treadmill))

If I had a way of controlling all those symptoms with something like a magical phone or some magical waves that can control emotions I would send it through people’s eyes and feet and thumbs and then I could screw with them and then I would be the man.

Funny how those symptoms fit. If I could control their eyes, then I would make them look down and to the right, or was it left, to make them look like their lying. That’s what the experts used to say now they say that it’s no longer relevant. Wonder why?

THOUGHT OF THE DAY!

God

In most references, God is thought of in the form of a man. If we think about it though, God created life and the only thing that can create life is a woman, ipso facto… therefore….  and because of that… it is likely that God could or would be a woman. Unless of course God is a seahorse, and that would be weird. If you think about it, there is empirical evidence within the bible itself, as only Mary was involved in Jesus’ birth, being immaculate and creating life by herself. I never seen a tissue or sock grow into a person. You kinda have to think about that one.

THOUGHT OF THE DAY

woke

Woke (/ˈwoʊk/) as a political term of African American origin refers to a perceived awareness of issues concerning social justice and racial justice. It is derived from the African-American Vernacular English expression “stay woke“, whose grammatical aspect refers to a continuing awareness of these issues.
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I opine that this term is beautiful and that the African American community, by applying a meaning to a word this way, creates discussion and thought.
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I’m also aware that there is people that make fun of this word or try to demean it, people that are a little older. The truth is that words like criminal behavior, wrong, unjust, evil, and racist were used to try to get their point across and no one paid attention. Now “woke” seems to have had an impact, even if it is being ridiculed, at least attention is being brought to what woke is trying to reveal.

THOUGHT OF THE DAY

lives matter

We find so many ways to dislike each other, now comes on what a sign can say, ridiculous. So the new slogan/sign is

 

__________________ LIVES MATTER

You can fill in what ever pronoun/word you want, except for “no” , that would be weird.