(For a time, Sunday’s are for sonnets. We begin with free, chaotic verse that coalesces into a sonnet, but with ABBA stanzas, rather than the more traditional ABAB of Shakespearian sonnets).
PREAMBLE:
A loser.
More than anything. A loser.
Love: A loser.
Business: A loser. Bravery: A loser.
Elections: A loser.
No creator, just a hater. A waiter for the Putinate.
The dawn upon the lawn
Shows the blood of many innocents.
Not a teacher, not a preacher. If he can, he’ll try to reach her, Stick his sickly sticky stubby hands
Beneath her bands. It’s his closest approach to broach
The subject of true love. Lady Liberty he’d gladly grope
Many Paths eagerly took the hand of Shadow Walker. The latter said, “Let’s walk to the top of Wolf’s Back Ridge. We can pick some blackberries on the way. I wanted to tell you about an interesting conversation I had with Horse Whisperer the other day.” Many Paths smiled and nodded in assent. Despite the opening, they walked in silence for a time. This suited Many Paths for her mind was still on the conversation she had just had with She Who Saved Many Lives. At last, they came to the bend in the path where the blackberries grew. They were warm and luscious from the sun.
As they picked — and ate — Shadow Walker said, “So. Horse Whisperer. Of all the people we know, he surely is the most fluent in ROI.” Shadow Walker could see that a dark cloud passed over the face of his lover. “I know. I’m no fan of the ROI either. Yet, eventually, we need a way to invite them to the Meeting of the Six Tribes. Tu-Swift vouches for him, in a way. Horse Whisperer was okay with being part of the business of stealing children and selling them for slaves to the Z-Lotz. That’s true. But now, I think he is … his mind is more aligned with our ways than theirs. He is happier than he ever was in the ROI. And, he knows that. He mentioned it to me when we were fishing the other day.” Shadow Walker laughed and added, “Well, when I was fishing. He knew nothing about it. Can you imagine? All his life was ordered around taking care of the horses. He knew very little about fishing, or even hunting, or being a warrior. The ROI — they are very — their lives are put into different urns. And, they live most of their lives in those urns. Or, I suppose, I should say ‘lived’ because I’m not even sure there are enough ROI left to have a way of life separate from the Z-Lotz. I told him what I saw and heard when I was a captive of the Z-Lotz; namely, that after the ROI lost their village, the ROI who fled to the Z-Lotz village were little better than servants — almost slaves, really.”
Shadow Walker paused to create a space for Many Paths to comment. None was forthcoming so he ventured on. “When I told him that, he simply nodded and said that he would suspect as much.” There was no trace of anger or resentment in his voice. It was as though I was describing a tree or a way to climb a bluff. He didn’t seem to blame the Z-Lotz. He was not surprised. Anyway, this led to a deeper conversation about his own beliefs about the world. He has very little to say about how the various tribes have decided to arrange themselves other than to acknowledge that there are vast differences. He enjoys living among us.”
Many Paths nodded. “Yes. I think so too. Tu-Swift said that he was a kind as he was allowed to be, both with him and with the horses. He doesn’t seem to enjoy cruelty, but he was not averse to being cruel if and when custom required it. But what are you suggesting, exactly?”
“The Z-Lotz, we now know well, can be quite treacherous. They came to us with supposed gifts and they were poisons that ruined Stone Chipper and requested … well, really, demanded that you go see them. I have no doubt that they would have killed you … or perhaps demanded we surrender to them in order to save your life.”
Many Paths grimaced at this. “I hope you would have sense enough not to ever go along with such a trick! They are not to be trusted!”
Shadow Walker nodded. “I agree. But you are well-loved, and not just by me. It may have been difficult … anyway, the point is, how do we bring the ROI and Z-Lotz to the Meeting of the Six Tribes when we cannot trust them? And, we know very little of their language and customs. We tried having us sneak into the Z-Lotz village to learn more and that certainly did not go as planned. Eagle Eyes & I were very lucky to have escaped. And now we find ourselves in a position of ignorance about their current situation. The parents of Cat Eyes, Tree Vines and Gathers Acorns, were prisoners long enough to have learned something of their ways. Other than that, we have learned the most from Cat Eyes herself.”
“True,” said Many Paths, “But who are we talking about here? Horse Whisperer? Or, Cat Eyes?”
Shadow Walker sighed. He smiled and realized he wouldn’t mind a few more blackberries. “I am not sure I have the full answer. I just have a feeling that Horse Whisperer can be trusted and he knows much about the ROI. If the ROI were still in their separate village, I would say we should send him to meet with the ROI and convince them to come to the Meeting of the Six Tribes. Unfortunately, we don’t have that option. The ROI are embedded now with the Z-Lotz. And, the person most well-suited to dealing with them is Cat Eyes. Although…”
Many Paths plucked a few more of the delicious blackberries and placed one on the lips of Shadow Walker who closed his eyes with pleasure. He chuckled and said, “That is the most delicious berry yet!”
Many Paths tilted her head and asked, “Although what?”
Shadow Walker sighed. “They might. They might still view me as their leader. I don’t know. It would be risky.”
“What!?” Many Paths frowned. “You are not going to go there again! As you said, you were lucky to escape with your life! I need you and the Veritas need you. It’s true that I cannot well predict the Z-Lotz, but it seems quite likely that they would simply kill you on sight. Or worse.”
Shadow Walker spoke quietly. “Yet, just a few minutes ago, you said that if we could save your life by surrendering to the Z-Lotz we should not do it.”
Many Paths scoffed. “Because there wouldn’t have been any point! They cannot be trusted to keep their word!”
Shadow Walker bit his lip. “I know. That’s why I think we have a dilemma. You don’t trust them. I don’t trust them. The person who knows them the best — Cat Eyes — she certainly doesn’t trust them. I think it may be in their nature. In the same way that Horse Whisperer would help his tribe steal children without seeing anything wrong with it, I don’t think the Z-Lotz think lying and cheating and going back on their word means anything — or at least, it doesn’t mean what it does to us. We need to be careful. But if we really can’t trust them at all, then, what can come of a Meeting of the Six Tribes? Perhaps it should only be a meeting of the Five Tribes. Perhaps, when the Z-Lotz see the advantages to all five tribes, it could get them to change their ways. I don’t know. What do you think?”
Many Paths let out a long sigh. “I think we have eaten enough berries for one day. We’ve tamed eagles. And we’ve trained wolves. And we’re learning to tame horses. From Horse Whisperer. Maybe you’re right. Maybe it’s too large a leap to trust them at a council. That still leaves the problem of how to separate the ROI from the Z-Lotz and even if we succeed, that will certainly do nothing to help the Z-Lotz trust us! The last thing we did was to destroy — or at least temporarily disable — their precious killing sticks.”
Shadow Walker frowned. “We had to do that. If not … “
Many Paths nodded vigorously. “I know! I know! You did the right thing. I agree. But just as it’s hard for us to trust them, it will be hard for them to trust us as well.” Suddenly, Many Paths put up her hand for quiet and made the short but quick gesture to get down. Shadow Walker fell silently to his belly and put his hands behind his ears for better listening. The two of them slowed their breathing and listened. Something — or someone — seemed to be slithering in the blackberry bushes.
It’s nearly Christmas! Well, not really. But before you know it, Yuletide decorations will be everywhere and it will be well past the optimal time to choose a gift for your favorite ultra-wealthy, tax-avoiding, dead-eyed, sociopath who already has everything.
Never fear! I am here! I have catalogued those items most needed for the very neediest amongst us: the born-rich, old white males who, as we all know (because they tell us constantly) are the most unfairly treated group in all human history. They selflessly spend their own precious time prescribing what others may or may not do in their “private lives” because — let’s face it — women, and POC and Native Americans and immigrants and college kids and Hispanics and did I already mention immigrants? And females and homosexuals and lesbians and vegans and vegetarians and people who believe in science and evolution and math and facts and such can not be trusted to make decisions for themselves! Oh, my no! So, the old white guys are stepping up and stepping in whether they’re wanted or not. They don’t have time left over from this precious work of theirs to find presents for themselves. We have to … I should say, we have the privilege to do it for them. It’s a daunting task, but I have made it much easier for us all!
Each gift chosen from this catalog will be wrapped with one ton of earth-trashing plastic! But mainly it’s the gift itself that will let you know that you did your part to show your appreciation for the tireless efforts of that under-represented under-appreciated segment of our society — the White Old Rich Male Sociopaths — WORMS for short — among us. Their vision is legendary, often extending far beyond their fingernails all the way to their bank accounts. Their courage is so awesome as to require almost no statement. Almost. But just to remind folks of one of a few of their sacrifices, imagine an eleven year old gets raped by her step-father and now she has to agonize about whether to have an abortion or have a baby to take care of. No problem! The WORMS have graciously decided to take that decision completely off the table for her. Whew! Problem solved.
And, that’s not all. What about that troubled teen Todd, a child of one of the WORMS, whose teacher threw him out of the spelling bee in the first round simply for misspelling the word “treason.” Come on! One word and he’s out? What kind of bee is that? He spelled it: E-L-E-C-T-I-O-N. Pretty darned close! Right? E, T, O, and N are in both words! Anyway, free and fair elections are treasonous as everyone knows. Women shouldn’t be allowed to vote unless their owners/husbands can be sure they’ll vote as ordered like Amy Bare-it. And POC? Seriously? Who says they can vote? Anyway, the point is, terrible problems like this are solved all the time by those unspoken heroes, the WORMS. In this case, the WORMS are making sure kids like Todd have access to assault weapons so they can express their frustrations in an appropriate fashion — by honoring the Constitution and its Most Holy Second Amendment. Who but the WORMS are there to make sure that no-one actually reads the Second Amendment because that would confuse ordinary mortals since the Founding Fathers accidentally spelled “individual” as “well-ordered militia.” A typo. Obviously. Duh!
Anyway, no need to keep dwelling on how utterly fantastic and under-appreciated the WORMS are. I’ll just say one more thing and then, I promise to move on to the exciting catalog itself. Did you know that some of the non-WORMS are trying to change your habits so that the earth is viable for future generations? What nonsense, right? Who cares if future generations are flooded, or starved, or can’t get clean drinking water, or thousands of species die or humans are plunged into endless war? Trivial stuff like that can always be solved by the WORMS. But meanwhile, they’re trying to reduce plastic? Plastic? Are they nuts? In the beginning, Ben heard the word! And the word was “Plastics”! ‘Nuff said.
As for the gifts themselves, the first thing to say is that you can rest assured that none of these gifts will be the kind of worthless trinkets that poor people buy with their money — you know — trivialities like clean water, food, clothing, shelter, health care. What fun are necessities? How crude! How rude! No sir! None of these gifts will be consist of necessities. These are gifts that show distinctiveness and fine taste.
(All prices are current estimates based on current Market Conditions. All prices are subject to change without prior notice).
US Representative What better gift for WORMS than having their very own US Representative in their pocket? Representatives come in a variety of special flavors including, but not limited to:
Wacko Conspiracy Theorists! One of our most popular items! Whether it’s Jewish Space Lasers or Ersatz meat from a Peach Tree Jar or Vaccines with Computer Tracking Devices, your WORMS can own a US Representative who will spout ridiculous absurdities to distract everyone from their tireless work destroying US Democracy! Current Market Price: $300,000.
Gun-Toting Incompetents! What better way to help squelch any semblance of stately debate than to have your very own Representative show up with an assault weapon, hand grenades, or even a sawed off shotgun! Is it illegal? Sure it is! That just makes it all the more fun! Can be yours to give for the low, low introductory price of only $6969.
Table Banging Blowhards! What a nice gift this makes for WORMS. Whether it’s a child rapist or merely a former wrestling coach who looks away from sexual predation right under his nose, the Table Banging Blowhard will quickly turn any substantive debate about policy into a shouting match. What a fun way to destroy the world’s oldest continuous democracy! $75,000.
US Senator If there’s one thing WORMS like more than their own “Representative”, it’s having their own Senator! One of the advantages of owning a Senator is that they never have to show their ownership by actually voting on things. They can simply refuse to vote! You remember those movies where a Senator “stands on principle” and yacks it up till everyone loses patience and interest on a topic? Those were the bad old days. In today’s Senate, they don’t actually have to filibuster to filibuster; they just have to say they will.
The Hypocrite’s Hypocrite! Made from moldy bread and manure heaps, yet much resembling an aging turtle, these fine folks can not only speak from both sides of their mouth at the same time; they can do it with mock sincerity! They can explain on Monday why even considering thinking about nominating a Supreme Court justice with a Presidential election only a decade away is against common sense, the spirit of the Constitution, the Legend of Babe Ruth, the rules of propriety, and the bylaws of Kentucky’s largest Chicken! On Tuesday, they will explain why it is crucial to confirm a Supreme Court justice with a Presidential election already on-going! Each Hypocrite’s Hypocrite comes with dead shark eyes and is guaranteed to have undergone a complete bilateral ethicsectomy. Price — a mere $500,000.
The Sick Sycophant! The sick sycophant will periodically make a run for the Presidency! During this time, they will explain, with apparent sincerity, why the would-be dictator they are running against would not be good for America. They will explain that he is a failed businessman, a liar, a crook, a racist, a sexual predator (self-proclaimed) and that he has zero experience relevant to being a President, or even, come to think of it, anything else. But have no fear! Once the incompetent liar becomes Putin’s nominee, The Sick Sycophant (SS for short) will tout the would-be dick-tater as the best thing since sliced stupidity! If the would-be dick-tater lies, the SS will repeat the lie endlessly. If the would-be dick-tater tells people to drink bleach or stick UV light up their butt, the SS will demonstrate. If the would-be dick-tater tries to sell out his own country to become an actual dick-tater, the SS will vote against impeachment. On special today for only $666, 666.
The Kinky Kid Killer! Often referred to as the KKK, the Kinky Kid Killer will tout how we must protect the innocent life of a fertilized egg or even an egg that might be fertilized or the sacred right of a man to fertilize any egg he wants to, and meanwhile, ensure that actual living, breathing, loving kids are killed on a regular basis. He or she will explain how Americans will never be safe in schools, movie theaters, grocery stores, street corners, rock concerts, post offices, or hospitals until every man, woman, and child in America has their own personal arsenal of conventional, atomic, chemical, and biological weapons. While the favorite way for the KKK to kill kids is via shredding caliber automatic weapons, the KKK is quite versatile. They will often support rolling back food safety regulations, safe water regulations, air pollution standards, workplace safety standards and, naturally, oppose free health care, child care, after school care and lowering taxes on the poor. The KKK is one of our top line items at an even $1,000,000 but guess what? You only have to pay one half of the cost! That’s right! If you act now, the Kremlin will funnel the other half of the cost through the NRA! What a bargain! You really can’t afford not to buy one of these Senators for your favorite WORMS.
Extreme Court Justice These items have only been recently added to our catalog! Act now before it’s too late! The US Extreme Court (formerly known as the US Supreme Court) is the final authority on Big Lies and Partisan Bickering. Help the WORMS completely control every aspect of American life from the proper bedroom behavior to health care options to controlling the press and the media.
The Logician Magician The Logician Magician will cry, scream, threaten, frown, and lie on command! He will wave his hands and drink beer. Hey, he likes beer! He will show you that he cannot possibly have sexually assaulted someone because — Look here! Look here! — There’s no entry in his calendar for the alleged sexual assault! Well, if that doesn’t establish his innocence, nothing will. Also, did I mention that he likes beer? Price: $2,000,000.
The Memory Leak The Memory Leak will answer any question you don’t ask and none of the questions you do ask. Nonetheless, he will eventually make you believe that he’s answered your actual question. For example, if asked about allegations about sexual misconduct he is accused of actually doing, he will say, “I would never do anything designed at making a woman uncomfortable!” (Translation: I only bring up the topic of pubic hairs on my can of coke to turn her on and thereby give her pleasure; not to make her uncomfortable). If pressed for more information, he will say he can’t remember. If asked about whether he supports the decision in Roe v. Wade, he will say, “It’s settled law!” (Translation: The right wing has spent tens of millions of dollars getting conservative justices so we wouldn’t overturn it!) If asked whether he debated the issue in law school, he will say, “I don’t think it ever came up.” (Translation: Seriously? I’m not answering that.) “Should I recuse myself as judge simply because my wife is a probably defendant? My wife? I didn’t remember she was my wife.” (Translation: eff yew) Price: $1,500,000.
The Handmaiden The Handmaiden has plausible deniability about everything because she belongs to a cult that believes women should defer to their husbands on all things. Price may seem high on this one, but remember, these are lifetime appointments and she’s barely out of her teens. Price: $3,000,000.
The Witch-Hunter This guy’s still truly PO’d that Sally Jones wouldn’t agree to be his date for the Senior Prom. Instead, she went with Charlie Jenkins just because Charlie was the football team running back and made All-State. If the Witch-Hunter happens to run across a part of the Constitution he doesn’t like such as the Ninth Amendment (also known as the “Democracy for Dummies” Amendment which basically says just because a right isn’t explicitly listed doesn’t mean it doesn’t exist), he will find an earlier precedent from some other source such as Attila the Hun, say, or an English judge who sentenced women to be burned at the stake for being a witch like Sally who should have gone to the Prom with the judge, but instead chose Charlie Jenkins, damn him. He wants women to be property, not to be mean, of course, but because — you know — it’s nature’s way! Men are bigger and stronger and live longer and are much more likely to be rapists and killers so men are obviously superior! Even the Taliban knows that! And so what if men can’t have babies? How fair is that? How can men even know if the baby is really theirs? You have to keep them indoors and locked up. For their own good, of course. WORMS will love this gift, but this particular robot seems a bit damaged so it can be yours to gift for the bargain basement price of $1,750,000.
Join the club! Help buy American Democracy for WORMS!
Remember our motto: “The life you ruin may be your own, but you’ll ruin lots of others as well!”
Remember our second motto: “All sales are final. We are not responsible. For anything. If we were, we wouldn’t be selling the country to the Kremlin.”
A talking worm develops an extremely loud screaming sound. He’s wrinkled and ugly and orange. But neither his physical ugliness nor his rancorous sound is his worst feature. He has evolved an extremely toxic poison.
How is it so toxic?
It is really three separate toxins: Fear and Hate and Greed. Together they are much more toxic than any one of them is alone.
He blackmails everyone around him, from sea to shining sea. He threatens to release the poison into the air if he doesn’t always get his way.
His way is to take all the money. His way is to take all the power.
His way is to use the money and power to make more toxin.
He uses the extra toxin to threaten even more people that he will release the poison into the air if he doesn’t get his way.
His way is to take all the money. His way is to take all the power.
His way is to use the money and power to make more toxin.
Eventually, he tries to blackmail everyone on earth.
He explains that he is a “self-made worm” — that it is his right to take over the world because he and he alone made the world.
That is, of course, a lie.
Life evolved for 4 billion years. All his ancestors, and the life his ancestors interacted with created the conditions for him to make the toxins. He doesn’t mind that he lies. Lying is fun!
He gets his way. To him, that’s all that matters.
He gets all the money.
He gets all the power.
He’s bored.
For fun, he releases the poison any way.
But now, it’s enough to destroy every living thing on earth.
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
The above is the text of the Ninth Amendment to the US Constitution. It is not my “distillation” or “summary” of the Ninth Amendment. It is the Ninth Amendment. You may recall that the first ten Amendments to the Constitution are known collectively as the “Bill of Rights.” To me, the Ninth Amendment could, in today’s terminology be titled, “Democracy for Dummies” Amendment. In the linked article in the Wikipedia, you can see that this ninth Amendment was added quite intentionally. In fact, some founders who argued against provisions of the Bill of Rights were worried that by enumerating some rights, such as the right to free speech, later generations might take it to mean that since those rights were enumerated, no other rights existed. So, just to make absolutely sure that no-one would make such a silly mistake, the founders added the Ninth Amendment. This says just about as clearly as it’s possible to say: “Look, just because we didn’t list a right should be not be used to argue that it doesn’t exist.”
Remember that the founders had just waged a war of independence against the tyranny of England. They had essentially bet their lives on winning a war against a much greater military power. They were quite serious about freedom! The passage is short and unambiguous.
The first thought that occurs to me when it comes to a Ninth Article in the “Bill of Obligations” is simply that each citizen should read the Ninth Article. Further, we should be vigilant that no politician, party, or demagogue tries to pooh-pooh it away or intentionally misinterpret it.
It honestly never occurred to me, as recently as a fortnight ago, that a Justice of the Supreme Court would be the one to pooh-pooh it as being meaningless, particularly a Justice who otherwise argues for a “strict reading” of the Constitution. But that’s where we are today.
Justice Alito is so hell-bent on destroying freedoms for Americans that he intentionally pretends he cannot comprehend this single, clear, short sentence in a foundational document for our country. Remember, Justices are sworn in. When they are sworn into office, they swear that they will uphold the Constitution of the United States. There is no “escape clause” in their oath. They do not say, “I swear to uphold the Constitution of the United States except for the parts I don’t like.” They do not say, “I swear to uphold the Constitution of the United States unless people who supported me to get on the court tell me to take a wrecking ball to it.”
Here is the text of the Oath of Office for Supreme Court Justices regarding the Constitution.
“I, _________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
What do you suppose “without any mental reservation or purpose of evasion” means? To me, it means just that. It’s not okay to take the oath of office with fingers crossed behind your back and think to yourself:
“Finally! The opportunity to foist off my ideas about how America should be run on an unsuspecting public. Screw the Bill of Rights! And totally screw all those Amendments and precedents since about having women vote and blacks being citizens and an implied right to privacy. Nope! What I want is an American Taliban. So, that’s what I’ll make happen!”
That’s not what taking the oath of office means.
There is another part of the oath of office for Supreme Court Justices:
“I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States. So help me God.”
What do you suppose it means to swear that you will “administer justice without respect to persons and do equal right to the poor and to the rich”? Would you interpret that to mean that it’s okay to show preference to rich donors? Would you interpret that to mean that you’re going to use the power of your office to enhance white privilege or male privilege? Is it okay to mean that if you happen yourself to be a white male? Is it okay to subvert the oath of office if you happen to believe that things are just better if white males have more power? Is it okay to subvert your oath of office if you happen to believe that, actually, come to think of it, people of color and females really shouldn’t have any rights at all?
If a Justice of the Supreme Court decides to “strike down” part of the Bill of Rights because they don’t find it personally to their taste, what is the appropriate action? How about if they are sworn in while saying one thing but meaning something much different and more self-serving? How about if they lie under oath during their confirmation hearing? How about if they intentionally mislead under oath? Is that acceptable?
Let’s consider what constitutes a lie. Suppose we are playing tennis and you hit a ball that lands near the line on my side. I see it as in, but close. I call it out anyway. You ask, “Really? It’s your call, but it really looked in to me.” I answer, “Well, it was close all right, but I had a really clear look at it. I’d call that ball out every time.” That could be the literal truth. It was close. I did have a clear look. And, since I cheat, I’d call it out every time. But the implication of my statements, in context, is that I am re-affirming that I saw it as out.
Or, suppose you and I are throwing a surprise party for a mutual friend. I tell you, “You know, it’s going to cost some money for the food and drinks for everyone. I’ll go pick up the stuff, but can you afford to pay for half?” You say, “Oh, I can afford to pay my half. That’s the fair thing to do.” Note that you didn’t say you would pay for your half. You just said you can afford to pay half and that it’s the fair thing to do. If I interpret that to mean you will pay half, is there lying involved?
Photo by Dan Cristian Pu0103dureu021b on Pexels.com
Here’s another example. You apply for a consulting job on a large new construction job. You give them a lot of good ideas about how to go about solving the problems they presented to you. Instead of hiring you, they decide to use your ideas but have the boss’s brother-in-law implement it on the cheap. In fact, that was their intention all along. You ask about it and the boss says, “We looked at your proposal. Many of the elements of it were exactly what we were planning to do anyway, so we figured, we didn’t really need an outside consultant after all.” Sure. They were going to file a plan with the city, just as you proposed. They were going to file an environmental impact statement, just as you proposed. They were going to hire a crew to do the work, just as you proposed. So, yes, many (three, to be exact) of the elements in your proposal were indeed something that they were going to do even before they read the proposal, but there were also many other elements of your proposal that they had not thought about until they heard your proposal. They had not previously considered passive solar heating, gray water irrigation, or battery back-up. In context, they were intentionally misleading you, perhaps to avoid your suing them.
Suppose you go to a doctor to see about allergies. The doctor has just gotten back from a conference where a paper was presented about an expensive new drug (Damitol) that might work for allergies; unfortunately, some patients lose their sense of smell and others break tendons. The drug company mentioned that doctors who publish papers about good results with Damitol will get free tickets to a conference in Hawaii. The doctor engages in the following dialog with you.
Doctor: “There’s a new treatment for allergies,Damitol. I’m recommending it for you. It’s expensive though.”
You: “Oh, well… aren’t there cheaper drugs?”
Doctor: “Yes, but they don’t always work.”
You: “Does the new drug, Damitol, have side-effects?”
Doctor: “Every drug can have some side-effects, but personally I’ve never seen a single patient with bad side effects from Damitol.
You spend a lot of money on Damitol and lose your sense of smell. Worse, you snap your Achilles tendon.
Did your doctor lie to you? Did he intentionally mislead you?
Are those mealy-mouthed misleaders the kind of characters you really want on the Supreme Court? I certainly do not. It may be tempting to think: “Well, it’s okay to cheat because they are on my side.”
That is precisely the flaw that dictators and would-be dictators have used to gain power since the beginning of time. “Look here,” they say, “I’m on your side. And once I get in power, I’m going to favor you by cheating for you.” It never turns out that way. They lie, and cheat, and appear to favor you in order to gain power. Once they gain power, they will wield it to steal from everyone including you. Putin, e.g., kills generals and oligarchs who support him when it suits him. Killing “the faithful” is an important tool to keep everyone in line. The message is that it doesn’t matter who you are or what you believe or what you’ve done for the dictator in the past. The only thing that matters is what they feel like doing at that moment.
It’s no “accident” that Justice Alito cited an English judge who condemned women to death for witchcraft! It’s a signal to every guy who never learned how to partner or be successful in consensual relationships: “Hey! I’m going to help create a world in which you never have to ask for sex again! Women should be chattel. You’ll be happier that way. And so will they. And if they don’t do what you want, we’ll burn them at the stake. I’ll help you get revenge on all those women who turned you down! And once we begin to burn them at the stake for ‘witchcraft’ (another word for ‘disobedience’), you’ll be surprised how docile they become.”
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
This, as most readers may know, is the Second Amendment to the US Constitution. It is part of the Bill of Rights. Before considering what a reasonable companion Bill of Obligations might be, let’s consider what the Amendment itself says.
The construction of the sentence is essentially:
A well regulated Militia Being necessary to the security of a free State
The right of the people to keep and bear Arms Shall not be infringed.
Some have emphasized the last few words: “Shall not be infringed” and argued that this means no regulations for keeping and bearing arms is Constitutional. Despite that, no-one actually believes that. No-one would argue that the government cannot regulate poisons, or bombs, or tanks. No-one argues that convicted felons should be allowed to arm themselves while out on bail.
The overall construction of the sentence clearly gives a rationale and that rationale is the premise that a well regulated militia is necessary to the security of a free State. In particular, it does not say that the reason is that it you, as an individual, have a right to keep your home or your family or your body safe and that’s why you as an individual have the right to bear arms. That might be a good thing. I’m not saying it isn’t. But it is simply not at all what the Second Amendment says. What it says is that a well-regulated militia is necessary to the security of a free State.
A free State could have a well-regulated militia to help ensure the security of that free State and in order to help ensure that that State does indeed have a well-regulated militia, there could be necessary training of how to use arms. The State could limit participation in the militia to those who are over 18, say, or over 15. The State could limit participation to those who are physically and mentally capable to use whatever arms they have. It wouldn’t add to the security of the free State to put rifles in the hands of people who were blind, or incapacitated or inebriated. If the goal is to increase the security of the free State, it would make sense to train people how to use whatever arms they have in a safe and effective fashion. It adds nothing to the security of the State to have people blowing their brains out or killing their comrades with weapons they don’t know how to use.
Notice that there is nothing in the Second Amendment that says or implies that anyone and everyone who wants to be part of the well-regulated Militia is entitled to join that well-regulated Militia. Everyone who wants to be a medical doctor does not automatically get to be a doctor. Everyone who wants to be a lawyer does not automatically get to be a lawyer. Everyone who wants to be President does not automatically get to be President. Everyone who wants to be an airline pilot or a trucker or a public school teacher or a real estate agent doesn’t get to assume that role. They have to show that they have the capacity and the training to carry out those roles. Not everyone can be a rocket scientist.
Speaking of rocket scientists, it would not have taken a rocket scientist to have written the Second Amendment to mean the various things that people have claimed it means. For example, it could have easily said, “…the right of each individual to keep and bear Arms shall not be infringed.” It doesn’t.
The Second Amendment could have said, “A well-armed populace being necessary …” It doesn’t.
The Second Amendment could have said, “In order to ensure that every person is safe and secure, the right of each individual to keep and bear arms shall not be infringed.” It doesn’t.
The framers of the Constitution and the Bill of Rights had the vocabulary and intelligence to clearly state that each individual must be able to bear arms in order to protect themselves if that is what was intended. It wasn’t. So, they didn’t.
Regardless of how often or how loudly people insist that the Second Amendment means something that it doesn’t, it still doesn’t make it so.
However, regardless of whether someone interprets the Second Amendment to mean what it says or to mean something else entirely; e.g., that every individual, regardless of capacity or training, has a right to get as many guns as they want, it is still worthwhile to consider what might be in a “Bill of Obligations” with respect to arms.
What might be some elements of such a Bill?
Just as we require a person to show capacity for many roles before we allow people to have that role, it seems that is also a reasonable obligation for having and using things that kill. If you would like to drive your automobile on public roads, you need to prove that your automobile is safe. You have an obligation to insure that it’s safe. Your car has to pass a safety inspection. If it’s unsafe, it could harm you or others.
Your obligations don’t end there. In order to drive a car, you have to show that you have the ability and knowledge to drive a car and that you have an understanding of the rules of the road. Even after you obtain a license, you have to follow those rules. If you run a red light, you will be fined. If you run enough red lights, you will have your license taken away.
Candidate obligations that relate to the Second Amendment might include:
You have an obligation to learn which arms are appropriate to your needs and within your capabilities.
You have an obligation to learn to properly use the arms you own.
You have an obligation to prove that you have the capacity & training for the arms you have.
You have an obligation to operate such arms in a safe, reasonable manner.
Notice that to join a legitimate Militia, you would need to fulfill these obligations.
Some examples:
You have an obligation to learn which arms are appropriate to your needs and within your capabilities.
Don’t choose a weapon that is too heavy or has too much “kick.” If you want a gun to kill gophers, don’t choose a howitzer or a machine gun.
You have an obligation to learn to properly use the arms you own.
Learn how to load, unload, fire, and maintain your weapons. Learn how to keep it safe from unwanted and unauthorized use.
You have an obligation to learn to properly use the arms you own.
Your weapon should be periodically inspected to ensure it’s working properly. Your own knowledge and capacity should be tested periodically; not every five minutes, but not every five decades either.
You have an obligation to operate such arms in a safe, reasonable manner.
Your weapons should be under lock and key except when you actually want to use them. Untrained people, including your own toddlers, should not have access to them. Do not point a gun at someone as a “joke.” Do not fire your gun at an uncertain target. “Something’s moving in the bushes” or “I thought I heard a noise” are not sufficient reasons to fire a gun. Don’t take your gun out “just because you’re upset” about your life or about what someone else has done. Don’t take your gun to unreasonable places like airports, airplanes, movie theaters, rock concerts, or Walmart. Don’t operate your weapon when you’re drunk, stoned, or otherwise incapacitated from illness or drugs. Don’t go looking for trouble with your weapons.
The Constitution of the United States of America is a foundational document.The Constitution outlines a form of government and processes to ensure democracy. At the same time that the Constitution was ratified, so too were ten important Amendments collectively referred to as “The Bill of Rights.” The founders rightly thought that outlining the structures and processes of government was not enough to ensure democracy. It was also necessary, as they foresaw, to outline rights of the people that could not be abridged by those governmental structures and processes. They are often referred to as “unalienable rights.”
To comprehend what the Constitution says and how it came to be, it’s useful to outline just a little of what the founders were reacting to and who they were. They were men. For the most part, they were financially successful men and relatively well-educated. They were “white” men. They were overwhelmingly of European descent. They were mainly English speaking. They had successfully executed a War of Independence against England. They were not a homogenous group, but compared with the world as a whole or the current population of the United States, it was a very homogeneous group of people. They were still quite aware of the excesses of monarchies and the horrors of tyranny. That background is important to understanding why they wanted to make sure that people’s rights were protected from government over-reach.
Their homogeneity as relatively rich, well-educated, white men meant that the envisioned “government” would be for their own kind. Blacks had no rights. Children had no rights. Women had no rights. The other species on the planet had no rights. When they talked about rights, they were talking about their rights.
Their background and particularly, the homogeneity of their background, also meant that they presumed some degree of honor and rationality existed in the whole cohort. They didn’t agree with each other about everything. Far from it. There were many debates and compromises baked into the Constitution.
I cannot read the minds of the founders, but I imagine that because of their recent experience with tyrants, they were quite aware of the necessity of protecting rights. It’s not clear to me that they thought much about the need to codify obligations. They had been brought up to assume obligations and so had the other founders they worked with. It’s not surprising that they did not to bother to enumerate obligations. These were the days when a young woman or man of nobility would forgo someone they truly loved in order to fulfill family obligations. If men thought their “honor” had been besmirched they would duel to the death over it. Honor really mattered. I think that’s part of why they didn’t feel it necessary to even think about a “Bill of Obligations.”
I would like to engage in a little thought experiment based on the premise that now, centuries later, we do need to think carefully about obligations. You have the right to free speech. You do not have the right to go into a crowded theater and scream “FIRE!” In order to cause a panic and kill people. This didn’t occur to the founders because, none of them would have ever done such a thing; at least, because of honor. It isn’t that rich white men were morally or ethically superior to a multi-cultural society. Far from it. But it is another aspect of the historical reason, I think, why they might never have bothered to enumerate such obligations.
To start, let’s look at the very First Amendment to the Constitution. I hope everyone will have the patience to wade through this lengthy document.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Oh, look. It’s really not that long after all.
The government should not be in the business of establishing a religion.
The government should not restrict people from practicing their religion.
The government should not abridge freedom of speech.
The government should not abridge the freedom of the press.
The government should not abridge the freedom to peacefully assemble.
The government should not abridge the freedom of people to petition the government for a redress of grievances.
Despite the simplicity of the concept, there have been various arguments, often in courts, about what these rights “really” mean. It is not legal to scream fire it a crowded theater. That seems reasonable. It is legal to use your wealth to ensure that your favorite candidate wins because the courts have recently held that spending money to buy politicians is just “freedom of speech.” Huh?
But I don’t want to argue about how to interpret “The Right of Free Speech.” Rather, I want to examine what might be reasonable and commensurate clauses in “The Obligations of Free Speech.”
Here are some candidates.
People have an obligation to speak the truth.
People have an obligation to listen respectfully.
People have an obligation to consider that their own opinion is not the only one that matters.
People have an obligation to follow agreed upon rules of conduct for the speech they are engaged in.
One major benefit of the right to free speech is that ideas can be discussed and debated, and people working together can come up with more intelligent decisions that those of any single individual. In order for that to work, we need to hear many ideas, not just one. The obligations of free speech are also necessary for that process to work in achieving its goals. If we hear many ideas but many people lie, or refuse to listen to each other, or are disrespectful or break the rules of debate, we will not have intelligent decisions.
Consider an analogy to tennis, although you could generate one for any sport; indeed, for nearly any human endeavor, but let’s stick to tennis. In tennis, you have the right to hit whatever shot you want. You can hit it hard or soft, or anywhere in between. You can hit it flat or put a lot of topspin on the ball or slice it or put sidespin on. You can drive the ball or hit a lob or a drop shot. You can hit it down the line or cross-court.
Over the years, people have tried all sorts of various strategies and tactics for tennis. People use different grips. Some hit a two-handed backhand and some hit a one-handed backhand. A few even hit with two hands on both forehand and backhand. People try different things out and play improves, not only for the individual, but for the sport. So it is in any sport. Performance improves over time because people try out different things and what works better tends to be repeated and what does not work tends to fade away. But none of that would happen unless all the players also follow the rules. Their right to hit the kind of shot that suits them works hand in hand with their obligation to follow the rules. If players did not fulfill their obligations to play by the rules, and instead began simply insisting that they had won every point, tennis as a whole would not improve nor would the individual players improve. Most would eventually quit and among those who were left “playing tennis,” without rules or obligations, it would soon degenerate into a fist fight, or, more likely, I suppose, it would escalate from shouting to shooting.
It’s the same for every human endeavor involving more than one person. You not only have some freedom of action vis a vis the other(s); you also have obligations. Just because you feel like assaulting someone on the street and taking their money, doesn’t mean you can do it. People who assault people are meant to end up in jail. Most eventually do.
A society with a high degree of freedom and no sense of obligations is like buying a Lambroghini and paying extra not to have any brakes. It isn’t just human institutions and inventions that have opposing systems in balance. Look at life itself. Inhibition/excitation; inhale/exhale; sympathetic nervous system/para-sympathetic nervous system; biceps/triceps; adductors/abductors; dilation/contraction; heartbeats; sleep cycles; ATP/ADP Cycle.
By the way, a society that was all obligations and no freedom would be like buying a Lambroghini and paying extra not to have a steering wheel or gas pedal; having the tires replaced by railroad wheels; you get to ride your Lambroghini down the track and back up again. That’s it. Well, that sucks! Yes. It literally sucks most of the fun out of life! It makes your life more predictable, but that’s not a good tradeoff; at least, not to me.
Compared with most people, I think I prefer a lot of freedom. That doesn’t mean that I don’t believe in obligation, however, or that my freedom is subject to limits when it infringes on the freedom of others. I strongly prefer freedom of speech. I’m very happy for the First Amendment. But I would not go into a crowded theater and scream “Fire!” Nor should you.
How about someone using Big Data analytics on your on-line behavior being used to manipulate you into buying stuff from the company who’s paying for you data. Here’s the deal. You think you are communicating on GiantSocialMediumCompany with your friends. The GiantSocialMediumCompany hardly seems as though it’s even there.
“Sure, it pops up some annoying ad about Kepsi or Poke every so often, but it easy enough to scroll past it. Except, you know that most recent Kepsi ad was kind a cute. Anyway, of course, I didn’t click on it.”
Uh-huh. But you see, the fact that you even slowed down as you scrolled down past the Kepsi ad, is interesting data to Kepsi (and Poke too for that matter). They aren’t the only two parties who will be interested in your data. Who else might benefit? Lots of people. From many examples of your on-line behavior over time, they can determine which “wedge issue” you are most likely to emotionally react to. They likely have a rough categorization of the type of approach you’d pay most attention to: visual, clever text, GIF, video, website, complex/simple, personal/impersonal, etc. Then, you can be targeted with arguments that are calculated — not to open your mind or to help you see the other side. No. These are arguments designed to move you a little further away from your neighbors and friends; anyone who has even a slightly different opinion about a topic you care about. That’s the purpose. Not to educate. To divide. And it’s working.
And, that, to me, is a an absolutely egregious breach of what should be the First Article in the Bill of Obligations.
Once upon a time, a great wooly Mammoth happily grazed on green and golden grass. He had satiated his hunger early that morning, but he continued to graze all afternoon. After all, he reasoned, who knows whether the grass will be here tomorrow?
The Mammoth, who had been eating tons of grass from a seemingly endless field of grassy plains, grew bored. The Mammoth, of course, was rather mammoth. He liked the grass, but eating tons of it became ever more boring for the mammoth Mammoth, so his mind wandered and he noticed that a small Mouse was chewing on a grain of grass seed.
“Hey there!!” The Mammoth bellowed. “What are you doing eating my grass!? Leave that alone! All this grass is mine!”
The mouse scampered away and the Mammoth resumed eating tons of grass. But it was still just as boring as ever using his trunk to shovel mouthful after mouthful of grass. He decided he would go looking for the Mouse. He eventually found Mouse and the Mouse was again eating a teeny grass seed.
“Hey there!!!” The mighty Mammoth bellowed. “I told you not to eat grass!! It’s all mine!”
The Mammoth noticed that other animals were laughing. Hyena came over to Mammoth and said, “You are a mammoth Mammoth! Why are you bothering a tiny mouse?”
The Mammoth waved his trunk menacingly and answered, “Indeed! What business is it of yours? Anyway, as you can see, the Mouse is hoping to gain enough weight and strength so that he can come and eat me!”
Now, other animals had come to observe the commotion.
A large Elk said, “That’s ridiculous! Mice don’t eat Mammoths!”
Mammoth smirked and said, “I tell you he wants to eat me! He wants to kill me! I am going to crush this mouse and make life safe for myself, my family, and for all of us.”
The Hyena laughed. The Elk rolled his giant eyes. Even the Yaks began to yuck it up.
Mammoth however began raising up his giant feet and smashing them down to squash the Mouse. But each time, the mouse would scamper away just in time. The Mammoth grew angrier and angrier still because he was having such a hard time smashing the Mouse. He smashed his giant foot down on a sharp stone so hard that it caused his foot to bleed.
The Mammoth bellowed in pain and anger. “Now look! See?! That Mouse is making me bleed! I told you he was trying to kill me and eat me!”
This only made the Hyenas laugh harder. The Elk shook his head in disbelief. The Crows cawed and chuckled. The Lion roared with laughter at the misguided Mammoth.
This only made the Mammoth even angrier and he smashed his giant feet down trying to crush the Mouse. Most of the time, his giant feet came down in the dirt or the grass, but, as luck would have it, he also smashed another foot down onto a sharp rock and now another of his feet began to bleed. “Look! See!? The Mouse is trying to kill me! Laugh if you like, but after I protect myself by killing the Mouse, I’m going to protect myself more by killing everyone who laughs at me! I’ll show you all!”
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It has been estimated that there are about 40 billion mice on earth right now.
petersironwood 