The U.S. Constitution - Lesson #1: The Preamble

I decided if I really want to get a following for my blog I best update on a fairly regular basis. I am going to make it a point to update this blog at least once a week over the next few weeks. There will be a theme to these postings. I am going to take my blog title seriously. I am going to take this blog and teach about government. The first lessons, which will take longer than most think is on the U.S. Constitution. And it starts now!

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

-- Preamble to the U.S. Constitution

So begins the Constitution of the United States of America. Allow me to break it down for you in to smaller bite size bits

We the People of the United States: While this constitution was written by the delegates from the thirteen states it was ratified intentionally by the people through constitutional conventions in each of the states. The immediate reason was because the founders knew the states legislatures would not give up the power they had under the Articles of Confederation. This wording, though, is a direct link to the words of Thomas Jefferson's words in the Declaration of Independence:

That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

The people would approve the the government because that is their right, not the states or the founder's. It was the people who ultimately decided if this government would be ratified. It is the right of the people to alter the government as they see fit if it becomes destructive to the ends of protecting our God give rights of life, liberty and the pursuit of happiness and property. (Property was the original thought, intent and meaning behind the phrase but was changed. Slaves were considered property by this time so the phrase "pursuit of property" would defend slavery).

In order to form a more perfect union: Under the Articles of Confederation the 13 states were more like 13 individual countries in a military and economic alliance, similar to the European Union today. It was intentionally written to give all the power to the states. The problem came when the states needed each others help or worked against each other. Many state almost went to war over land, territory, or whatever. This document was made to make sure we were not just in an alliance but unionized into a strong country. The federal government was there to oversee the problems between the states.

Establish justice: Justice is the principle of treating everyone equally. The problem is even though "all men are created equal" we know not everyone is the same or equal. Some people have more skill or talents that they have developed over time. Some were born with more means or benefits that befit them. Equality can really only be achieved in three ways:

1. Equal before almighty God. The rich and the poor, the powerful and the weak are all seen the same before God and are answerable to him for their actions in this life. He treats all people the same and judges with the same standard.
2. Equal before the law. Every case is tried the same no matter who is on trial. Murder is the same for the millionaire and the pauper. The law does not recognize any different classes of people to be singled out or treated differently under the law.
3. Equal rights. The book "The 5000 Year Leap" explains this idea of equal rights in conjunction better than I can.

The job of a society is to provide 'equal justice,' which means protecting the rights of the people equally: at the bar of justice to secure their rights; at the ballot box, to vote for the candidate of their choice; at the public school, to obtain education; at the employment office, to compete for a job; at the real estate agency, to purchase or rent a home; at the pulpit; to enjoy freedom of religion; at the podium, to enjoy freedom of speech; at the microphone or TV camera, to present views on the issues of today; at the meeting hall, to peaceably assemble; at the print shop, to enjoy the freedom of the press; at the store; to buy the essentials or desirable things of life; at the bank, to save or prosper; at the tax collector's office, to pay no more than their fair share; at the probate court, to pass on to their heirs the fruits of life's labors (Skousen 105).

Insure domestic tranquility: This idea goes back to the first goal of forming a more perfect union. The U.S. did not have very much peace within its borders under the Articles of Confederation. The government provided under the constitution would see that every state was equal to each other, that they received the protection of all the other states and that they would have peace between each other.

Provide for the common defense: This we see is the most primary job of any government: to protect its citizens. This is why we have the military and it has been standing since World War II. While people may not like the idea of "peace through strength" touted by former President Ronald Regan he is supported by our first president George Washington who said: "If we desire to avoid insult, we must be able to repel it; if we desire to secure peace, one of the most powerful instruments of our rising prosperity, it must be known, that we are at all times ready for War. "

Promote the General Welfare: This phrase is only used twice in the Constitution but it is the most ill interpreted phrase. It has been used to defend the expansion of government into almost all areas of life, but few understand its meaning or its intent. Let us examine the words of the Father of our Constitution, the man most responsible for its language and intent: James Madison.

If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one.... (letter to Edmund Pendleton, 1792)

Jefferson backs up Madison when he says:

They are not to do anything they please to provide for the general welfare.... [G]iving a distinct and independent power to do any act they please which may be good for the Union, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they sole judges of the good or evil, it would be also a power to do whatever evil they please.

So we see the "general welfare" does not mean government can do anything it wants since most laws do provide for the general welfare of the citizens. They can only do things that promote the general welfare within the powers laid out by this constitution.

Secure the blessings of Liberty to ourselves and our posterity. This constitution and the freedoms it provided were not just written for the founders and the citizens of that time, but for "millions yet unborn." There are no real rights listed in the original constitution, but the intent was that the powers listed in the Constitution were the limits of the government. The other powers, rights, responsibilities and liberties belonged to the people or to the states.

Do ordain and establish this Constitution for the United States of America. This the natural extension of the first phrase in the preamble though, minus the goals of the Constitution.

I hope you all learned something new this week about our government and more importantly our Constitution. I urge you all to go read and study the our U.S. Constitution. If you do not know it and understand it anyone can come in and reinterpret it or reinvent it to mean anything they want.

Until next time... class dismissed!

Blog Sources:

• Monk, Linda R. "The Words We Live By: Your Annotated Guide to the Constitution." Stone Strong Press; New York City, 2003
• Skousen, W. Cleon. "The 5000 Year Leap." National Center for Constitutional Studies; 1991,
• http://www.brainyquote.com - George Washington quote
• http://economics.gmu.edu/wew/quotes/govt.html - James Madison & Thomas Jefferson quote

Regulation, Part #1

Currently, school is getting me down over the last 8 weeks or so. During this period I have ranted and complained about this, that and the other about how my school is running things right now. I finally was able to pinpoint what they major issue is: Regulation.

While I may not agree with everything the Democrats believe in terms of policy and governmental practice they are right in that certain situations and things need to be regulated by the federal government. During the 1980s there was a HUGE amount of deregulation by the federal government over a lot of different areas. The basic idea was to allow industries to regulate themselves. In the grand scheme of things this is a good idea. Banks were allowed to regulate to whom they would lend money but creating their own regulation. This worked until the creation of the now flawed Sub-Prime mortgage market. I am off on a huge tangent though. Back to my problem of regulation at school.

It seems every day I am in school some new kind of set in concrete standard or regulation is set that I have to follow, no questions asked, with very little, if any flexibility. On Friday and email came down the pipe saying the school is now giving out student planners. Said planners will now be used in all cases for hall passes. Now I am not against hall passes or student planners but when the administration tells me exactly with what procedures I must do all this it is getting out of hand. There should be a general regulation stating: "Teachers must provide students with some form of written pass to leave the classroom. Students out of class without a pass will be disciplined. Teacher who fail to give a student a pass when excusing students will be disciplined." Simple and a common sense regulation. It allows teachers to be creative and flexible with the way they enact that policy/regulation to match their teaching style and methods.

Here are some of the regulations that were given to me since the time I have started at my current teaching location.

1. Grading practices. I agree a school needs specific regulations for grading but the school went so far as to tell all teachers exactly what system to use for grading instead of setting up a standard and allowing flexibility within that standard.
2. Common assessments & final exams. I have learned to hate this because it is teaching to a test, which is not necessarily bad, but just uncreative, inflexible, and is not good for the student who wants and needs to be assessed a different way.
3. Hall passes. Don't let students out during these parts of the period. Use only this for passes in the school.
4. Bar coding textbooks. I can check out books fine with a pencil and a piece of paper.
5. No checking out textbooks. How am I supposed to assign homework then?

I am just sick and tired of being over regulated by the state, the district, the building and my administration. Being told what to teach, how to teach it and how to assess it. Being told again and again of how to be a teacher or what is a good teacher when I spent five years in college learning the material and a my short career trying to perfecting my craft. Don't punish and restrict me because bad teachers are doing a bad job educating our children. FIRE THEIR ASSES!!! This is my message to schools, districts, administrators and any other educational officials.

Get the HELL out of my way and let me do my JOB. One hundred years ago teachers did not need to be told what to teach, how to assess their students, and fix discipline problems. They knew what to do and were trusted by the community to do their job. Good students moved on, and bad ones failed until they either dropped out or figured it out on their own. I am sick and tired of being regulated and being told how to be a good teacher by a person who has not spent ANY time in a real classroom in years. Go back to your office and work on getting GOOD teachers in the school instead of propping up the bad.

This message of less regulation might be expanded into a larger context in the next few days. Stay tuned.

Conservative v. Liberal

Ok so what is the difference between a conservative and a liberal in modern American politics. That is probably one of the more common questions asked of me in my U.S. Government classes during the year. I have found three good ways of comparing the two sides of the same political coin. One big thing I would like to point out is that BOTH conservatives and liberals are truely American. Both sides are needed to find a balance that works to serve the citizens of the nation, within the confines of the U.S. Constitution.

The first taken from a set of notes I got at an AP conference I got this summer. The list is set up so that the corresponding number line up as opposites of a political spectrum.

Liberals

1. Internationalist (thinks globally)
2. Individual Moral (moral relativism)
3. Change is good
4. Domestic Emphasis
5. Brotherhood of Man (community)
6. Expansive Government
7. Fair Market principles
8. "Just" capitalism (i.e. regulation on the market)
9. Trusts Government

Conservatives

1. Nationalistic (patriotic, the country comes first)
2. Moralistic (set standards of moral behavior)
3. Traditionalist (Why change something if its not broken? Or just fix the part that's broken)
4. Militaristic (provide for the common defense)
5. Individual Responsibility
6. Limited Government
7. Free Market
   
8. Capitalism
9. Distrusts Government

This next comparison between conservatives and liberals comes from a well written article describes the differences way better than most people understand it by comparing a extremely Conservative nation and a extremely Liberal nation as like a Ying & Yang symbol. Check out the link for the article: Why Conservatism is Better than Liberalism. I know its not from a well known media site, but the article is still very good.

The last way I will describe the differences between a conservative and a liberal is in a few short sayings that describe them both in similar situations. I do not take all of these seriously. I post them in an effort to show some of the satire about the positions conservatives AND liberals take on issues. Yes I know its very slanted to the conservatives, but I am one.

"The simple fact of the matter is that the major difference is that conservatives wonder first what it is they are responsible for while liberals wonder first what everyone else should be doing for them. Here are some brief rules of thumb"

• If a conservative sees a U.S. flag, his heart swells with pride.
• If a liberal sees a U.S. flag, he sees only our mistakes.
  
• If a conservative doesn’t like guns, they don’t buy them.
• If a liberal doesn’t like guns, then no one else should have one either.
  
• If a conservative is a vegetarian, he won’t eat meat.
• If a liberal is, they want to ban all meat products for everyone.
  
• If a conservative sees a foreign threat, he thinks about how to defeat it.
• A liberal wonders how to surrender gracefully and still look good.
  
• If a conservative is homosexual, he’ll quietly enjoy his life.
• If a liberal is homosexual, he loudly demands legislated respect.
  
• If a successful conservative is black or Hispanic, he’ll see himself as having succeeded on his own merits.
• Their liberal counterparts see themselves as victims in need of government protection.
  
• If a conservative is down-and-out, he thinks about how to work to better his situation.
• A liberal wonders who is going to take care of him.
  
• If a conservative doesn’t like a talk show host, he switches channels.
• If a liberal doesn’t like a radio show, he demands that the station be shut down or censored.
  
• If a conservative is a non-believer, he just doesn’t go to church.
• A liberal non-believer wants any mention of God or religion silenced.
  
• If a conservative needs health care, he shops for it, or chooses a job that provides it.
• A liberal demands that the rest of us pay for his.
  
• If a conservative sees a law, he thinks long and hard before suggesting a change.
• If a liberal sees a law he assumes it is just a suggestion and does what he wants anyway.
  
• Conservatives feel there is a right and wrong.
• Liberals feel that nothing is really wrong… unless it is believed by a conservative.
  
• Conservatives believe in freedom, responsibility, tradition, and self-reliance.
• Liberals believe in license, government restrictions, upending tradition, and collectives.

Feel free to add your own to the list if you so desire. Enjoy!

YOU SHALL NOT PASS!!!

Please watch the attached video the rest of the blog might not make sense without it.

http://www.youtube.com/watch?v=mcuDMoSOOrs

Use this image from the Lord of the Rings as a starting point for this blog, its not a perfect illustration but stay with me a little while longer. As citizens of the United States, we are all Gandalf standing the the Bridge of Durin in the mines of Moria. As Gandalf it is our job to protect other citizens from the Balrog of an oppressive, tyrannical, partisan or apathetic government. My weapons are the Declaration of Independence, the U.S. Constitution, and the Bill of Rights. Like Gandalf, I will give my life willingly to protect my fellow citizens from any government that would seek to destroy them.

I am a watchdog for the U.S. Constitution, as shown by my profile picture. I am not longer having the argument about what laws, appointments, agencies or practices are good, bad, or ugly for our country. The argument will always be focused ONLY on the fundamental and supreme law the greatest nation on God's green earth, the longest lasting written Constitution in the history of modern man: The Constitution of the United States of America. This is my question to any and all politicians who want my vote: "Under what authority in the U.S. Constitution can you pass this law, appoint this office or create this agency? I would like the Article, Section & clause please."

To paraphrase Gandalf, this is my battle cry to the government staring me down on the bridge: "You cannot pass! I am a servant of the American republic, wielder of rights given to me by Nature and Nature's God. The choice of the majority will not avail you, political partisans. Go back to your constituency. YOU SHALL NOT PASS!!!"

National Debate, Local Solutions

I love the fact that there is so much heated debate over health care and other issues during the last month. As government teacher it gives me lots of discussion fodder for my classes. The current debate is the oldest and longest debate in American Government and Politics. The eternal debate of American politics revolves always around this question: How much power should the federal government possess? This debate goes back the Federalist and Anti-Federalists. It even goes back to the Declaration of Independence.

The United State government is granted only specific powers as defined in the U.S. Constitution. Health Care is not a national issue for national legislation and enforcement. Education is not a national issue for national legislation and enforcement. You want to see what powers the Congress has, look at Article I, Section 8 of the Constitution. Those are its powers. Any other power belongs to the state as defined by the 9th and 10th Amendments.

The President and Congress should take these national issues and have a good debate on them among the American people. Bring together people from both and all sides of a particular issue. They sit down and talk about solutions and options. The government then presents these options to the states to choose for themselves. Provide a national debate on issues but look to locals to enact solutions that will work for them. Here is an example.

I totally agree with President Obama on some issues regarding education. He mentioned shortly after his election that our schools need to go longer in days or hours. Also he mentioned he supported merit pay for teachers (Read my past blog on that to see how I stand on that issue). Great, but there should be no national mandate of this issue. It is a state and local issue as it is not granted specifically in the U.S. Constitution. The President should sit down the the teacher's unions, superintendents, teachers, parents, and student to come up with solutions and options. Then present them all to the states and say here are some options we came up with. Let the states choose these options or come up with their own.

Another example: health care/insurance. The President should sit down with the insurance companies, doctors, nurses, and all other people. Come up with lots of different solutions and options. Then leave it to the states to implement the reforms.

Lead a national debate, but leave it to the locals to solve the problems. They know their communities and situations better than those who rule 3,000 miles away. No national solution will fit for all local situations. Let the free market work, so that those states and communities that are successful will see people choose to move their and take advantage of their solutions and therefore be more success.

That will be my mantra: National Debate, Local Solutions

What I Stand For

Though much of the passionate debate on health care an argument has come up that we, the loyal opposition, are against Obama or Health Care for the poor, or any other ill informed opinions. But if you listen carefully to the people you will see not what they are for not what they are against. Here is what I am for:

I stand for and by the Constitution of the United States as written in 1787, ratified in 1789, and amended throughout its 220 years of existence. It is the government that has sustained us for those 220 years and made us the most prosperous and influential nation in the world. And now members of Congress, the Presidents (both modern and former, going all the back to Teddy Roosevelt and Woodrow Wilson), and even the Supreme Court sometimes, want to ignore or destroy the powers granted and denied to themselves within its writings.

I stand by the Bill of Rights and the protections given by it to CITIZENS of the United States. I refuse to be censored by this government, the PC police, or by threats of being called a racists. I will own a gun for my own defense of life, liberty and property. But government agencies have been erected in years to deprive me of these rights from the FCC, the Fairness Doctrine, and ineffective gun control laws.

I stand by the states in our Union. We are a Union of States. A country that is made up of 50+ territories unified for the common goals of life,liberty and property. Each state is different and allowed to do things different, not bow to every whim and wind that blows from Washington, D.C. The U.S. government only has the powers given to them in the Constitution, everything else belongs to the state or the people. This is the genius of federalism. There are 50 states who can decide to do things like, education, health care, welfare and many other things, any way they see fit as long as it does not conflict with the U.S. Constitution. But now I see the federal government stripping the state of the power granted to it in the Constitution, driving states and people to the idea of a second secessionist movement because they do not respect the states.

I stand by the men and women of our U.S. Army, Navy, Marines, Air Force, SEAL, the state militias, the CIA, NSA, and any other agency who's job is to "provide for the common defense" of this great nation and its people. Whose job it is to uphold and defend the Constitution of the United States from all enemies, both foreign and domestic. But it sickens me the way our government prosecutes our men and women who protect them and want to release the people who would want to see us killed.

I stand by the CITIZENS of the United States. The vast majority of the time the majority of them know what is good and right. The majority of citizens knew slavery was wrong, but it did take 600,000 American lives to make them free. The majority of citizens knew segregation and the treatment of blacks was wrong. The majority of citizens know we cannot spend ourselves out of debt. But I have been called racists, Nazi, AstroTurf, unamerican, and shills for a corrupt political party.

I stand by the idea that the government that governs least, governs best. Government is like a fire, useful when controlled, but can easily grow to big and get out of control and burn the whole forest to the ground. But the government thinks that it can solve all our problems, from our mortgage, to our cars, the environment, health care or any other problems. It is the citizens of this country who will solve it, not our elected officials.

I stand by the words of Thomas Jefferson in the Declaration of Independence:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government..."

What do you stand for?

Guns and Political Protest

Recently some people have gone to these Town Hall Meetings toting guns. From all reports though most people are doing it legally. I ask what is the big deal? If I am remember correctly the right to bear arms in the defense of yourself and your country was one of our rights, right after that one that says I can say whatever I want, go to whatever church I want, and assemble with whom I want peacefully.

The second amendment is there to safe guard U.S. citizens in two ways. First, it is there so we can protect ourselves from others. The police cannot be with us all the time. When a person breaks into my house with malicious intent and the police or still five minutes away am I to stand by while a person is in my house? No, I can defend my life, liberty and property with whatever means necessary, a gun being the foremost protected by our founding fathers. Secondly, the second amendment is there to defend ourselves from a tyrannical government. Just as Thomas Jefferson said in the Declaration of Independence: "That whenever any form of government becomes destructive to these ends [defending our unalienable rights], it is the right of the people to alter or to abolish it, and to institute new government.." If our fore fathers had not been armed to protect themselves then the Revolution would be dead in its tracks.

These rights do not come from the Constitution though, it is our God given right to defend ourselves. While he may sound a little nuts in this video, I think this explains the right in the second amendment:
http://www.youtube.com/watch?v=T_QjEL0uUgo


As a law abiding citizen it is my right to protect myself. What I find funny is how we want more control when it has not done a lick of difference. People who want to use guns illegally, generally get them through illegal means. To take away guns from law abiding citizen, who use them for their defense, gives the criminals an advantage.

These people at the protests, if they are law abiding citizens, should not be harassed, because they know how and when to use a gun. Just because you bring gun out in public does not mean your crazy, it means you know they can defend themselves and that is their right.

Nazis & the American Political Parties

Just the other day I saw the SPeaker of the House Nancy Pelosi say this about the people who have been protesting and asking questions about the National Health Care Reform bill (H.R. 3200).

ANd another Democrat calling the people coming to the meetings using "Brown Shirt" tactics (http://www.columbian.com/apps/pbcs.dll/article?AID=/20090806/NEWS02/708069952). For those of you unaware, the Brown Shirts were the followers of members of Hitler's personal security force the SA. So in esenence through these two bit of evidence we see the Democratic leadership trying to brand the opposition as Nazi's. What they fail to understand is what the Nazi's actually stood for and against. Here is a refersher for those who are bad with history.

Well, the Nazis were against big business — they hated big business. They were insanely, irrationally against pollution. They had a whole bunch of make-work projects to keep people working. They were for abortion and euthanasia of the undesirables, and they were for cradle-to-grave nationalized healthcare. (this is an excerpt from a Rush Limbaugh broadcast that I took from the following news article: http://www.newsmax.com/insidecover/pelosi_limbaush_swastikas/2009/08/07/245316.html).

So tell me again that I am facist or a Nazi when in all honest the platform of the Democratice National Committee, the President of the United States, the Speaker of the Hosue and the House Majority Leader are closer to the Nazi's than most conservatives.

Opener by Lost and Found

So I was listening to some music as I unpacked the new apartment Katie and I just moved into and decided to listen to Lost and Found. I found this song. I love it because it speaks so much to the how Christ's church has changed and fallen so far in these later days. It' called "Opener" by Lost and Found. Check them out at http://www.speedwood.com

I WENT TO MY CHURCH ON SUNDAY, JUST TO HEAR GOOD NEWS. AND I CONFESS IT'S BEEN YEARS MORE OR LESS SINCE I'VE WARMED THESE PEWS. I AM LOOKING FOR SOMETHING STRONGER THAN MY OWN LIFE THESE DAYS BUT THE CHURCH OF MY CHILDHOOD SEEMS LIKE THE YMCA.

EVERY SUNDAY IS JUST LIKE THE LAST, AS IF THE CHURCH HAS NO HISTORY AND THE PEOPLE HAVE NO PAST. WE JUST SING THE SONGS WE LIKE TO SING AND WE PREACH ABOUT THE NEWS AND WE THINK UP SOME NEW THING JUST TO FILL UP THE PEWS.

I WANT PALMS ON PALM SUNDAY, I WANT PENTECOST STILL TO BE RED, I WANT TO DRINK OF THE WINE AND EAT OF THE BREAD. BUT THEY STRIVE FOR ATTENDANCE WHILE I STARVE FOR TRANSCENDENCE, BUT I COUNT AMONG THIS BODY BOTH THE LIVING AND THE DEAD.

WHETHER ITS GUITARS AND AMPS AND VIDEO SCREENS AND CORDLESS MICS, OR INCENSE AND ROBES AND COPES AND CANDLE LIGHT. LET'S STOP ALL THE FIGHTING OVER WORDS AND WAYS AND TELL ABOUT JESUS LIKE IN THE GOOD OLD DAYS.

My Health Care Plan

With all the talk regarding health care in the last few weeks I decided to try and formulate my own. Now I do not believe health care is an issue that can be dealt with successfully at the national level. Due to the Tenth Amendment of the Constitution I feel states can do a better job of this than a broad national mandate. Here are the fundamental principles of my plan.

Required Employer Coverage
Employers must provide a all employees with a health insurance plan that has several coverage options (including dental and vision coverage) and the opportunity to opt out of the plan. Employers and employees will both contribute to the plan (the amount varies based on the coverage decided upon by the employee) but if a person decides to opt of of the plan they shall that money contributed by the employer will be returned to the employee as part of their general wag, to be taxed as usual. An employee can then use that money has he/she see fit, even putting that money towards the purchase of a different health care option that was not provided by the employer. If the employee uses that additional money towards health insurance outside of the employer's plan(s) then that money will be tax deductible through the tax code.

Patient & Doctor Choice
Patients, along with their doctors, are the final decision makers on ALL medical decisions. No bureaucracy in ether the health insurance company, the government or the hospital administrators can refuse a patient treatment for their conditions. A patient should be allowed to see the doctor of their choice, at the hospital of their choice, for the treatment of their choice for their medical conditions. A doctor and hospital is there to diagnose and provide the range of options treatments for a patient. Patient decides on the path of their treatment.

Universal Coverage
A persona's health insurance plan covers them across all health care forms of health care practitioners and all locations.

Premium Buy Back
A person who has purchased a health insurance plan via their employer or in the marketplace may be entitled to a return of their paid premiums if their claims do not equal the amount paid by the consumer. For example, I pay $15,000/year in my insurance premiums, but only make $1,000 worth of claims. At the end of my current policy term, I receive the difference in those premium payments and the claims against my policy.

Government Health Insurance
The government may but is not required provide an alternative health insurance plan for those who choose to opt out of employer plans or are unemployed, but must follow the same regulation as provided for private health insurance companies. People who choose to use the government plan(s) will have their premiums for their chosen plan(s) be deducted from their paychecks. Only those using the government option will pay for the government option. No tax dollars will be taken from other citizens to fund their health insurance.

Medical Malpractice Lawsuits
All medical malpractice civil lawsuits against doctors shall be forwarded to an unbiased medical board to determine if the hospital or the doctors in question were liable for the death or issues at question in the lawsuit before being transferred to civil courts for litigation. The board must decide unanimously that the doctor or hospital was guilty of negligence in each case. Settlements or awards in medical malpractice lawsuits shall be limited to monetary damages to fix any negligent work of the doctor(s) and any time lost because of such negligence.

I am sure there are some issues I failed to address, but I a sure you all will bring them up and allow me a chance to deal with them. Thanks for listening and have a nice day.

AJB

Principles of Liberty

The following principles have been discovered using over 150 volumes of the Founding Father's original writings, minutes, letters, biographies and other primary documents distilled into the "The 5000 Year Leap by W. Cleon Skousen published by the National Center for Constitutional Studies in 1981. These are the principles of liberty that shaped and formed our unique republic. For a more through discussion of these principles check out the following blog: http://912projectbookreports.blogspot.com/

1. The only reliable basis for sound gonverment and just human relations is Natural Law.
2. A free people cannot survive under a republican constitution unless they remain virtuous and morally strong.
3. The most promising method of securing a virtuous and morally stable people is to elect virtuous leaders.
4. Without religion the government of a free people cannot be maintained.
5. All things were created by God, therefore upon Him all mankind are equally dependent, and to him they are equally responsible.
6. All men are created equal.
7. The proper role of government is to protect equal rights, not provide equal things.
8. Men are endowed by their Creator with certain unalienable rights.
9. To protect man's rights, God had revealed certain principles of divine law.
10. The God-given right to govern is vested in the sovereign authority to the whole people.
11. The majority of the people may alter or abolish a government which as become tyrannical.
12. The United States of America shall be a republic.
13. A constitution should be structured to permanently protect the people from the human frailties of their rulers.
14. Life and liberty are secure only so long as the right of property is secure.
15. The highest level of prosperity occurs when there is a free market economy and a minimum of government regulations.
16. The government should be separated into three branches: legislative, executive and judicial.
17. A system of checks and balances should be adopted to prevent the abuse of power.
18. The unalienable rights of the people are most likely to be preserved if the principles of government are set forth in a written constitution.
19. Only limited and carefully defined powers should be delegated to government, all others being retained by the people.
20. Efficiency and dispatch require government to operate according to the will of the majority, but constitutional provisions must be made to protect the rights of the minority.
21. Strong local government is the keystone to preserving human freedom.
22. A free people should be governed by law and not by the whims of men.
23. A free society cannot survive as a republic without a broad program of general education.
24. A free people cannot survive unless they stay strong.
25. "Peace, commerce and honest friendship with all nations: entangling alliances with none."
26. The core unit which determines the strength of any society is the family; therefore, the government should foster and protect its integrity.
27. The burden of debt is as destructive to freedom as subjugation by conquest.
28. The United States has a manifest destiny to be an example and blessing to the entire human race.
    

Questions for Sotomayor

So President Obama has made his nomination for the Supreme Court to replace the retiring David Souter. He has chosen to appoint one Sonia Sotamayor from the 2nd Circuit court of federal appeals. The shit has already hit the fan with her regarding serveral quotes and things she has said including her judicial record. If I were a senator here are the questions I would ask her in the Judiciary Committee, in no particular order.

• What is the proper role and function of a Supreme Court and its judges?
• How do you explain that 60% of your decision at the 2nd circuit have been overruled by the U.S. Supreme Court? What does that say about your knowledge about fundamental law and the application of jurisprudance?
• How do you interpret the idea of "equal protection under the law" in the 14th Amendment? What place, if any, do "special circumstances," like race, gender, sexual orientation, have in determining discrimination cases in the eyes of applying equal protection under the law?
• How would you characterize your relationship with the political organization of La Raza?
  
• Please explain what you meant in the following quote: "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life."

While I know this nomination will probably not be stopped or prevented there are some serious issues to contend with on this nomination. The Congress, including both parties, need to throughly question and vet her for her life time appointment.

What I find interesting is how minority status, ethic group or race, only is a benefit if the person is a liberal or appointed by liberals. Where was the praise for Clarence Thomas when he was appointed? Or for Roberto Gonzales? It just seems to me that we have followed the opposite of King's dream (Being judged by the content of your character as opposed to the color of your skin). It seems with her nomination, the color of her skin seemed to matter more than her character. They focused on her race and gender than her record. Even the dems are doing that, saying Reps. should be careful to vote against the hispanic nomination. RACE SHOULD NOT MATTER AT ALL for good or for bad!!!

Focus on her record, which gives plenty of thought provoking questions. THEN focus on her character which she has revealed in quotes and assocations.

Everyone should take their time and not cave into thoughts of bipartisanship or the hurried schedule of President Obama.

Memorial Day

This weekend is Memorial day. I would ask any and all who read this blog to take a few moments out of your weekend to honor those men and women who gave their lives so that we can enjoy the precious freedom we have in the United States. If you know someone who served in our military, call them up and thank them. If you see a soldier give them a hug.

Remember the blood soaked rags that covered the feet of the Continental Army during their march to Trenton in 1777. Remember soldiers who held up the flag at Fort McHenry during the War of 1812. Remember the Alamo! Remember the 23,000 men who died at Antiem in one day and the thousands at Gettysburg to make the dream of freedom a realization for all people in the U.S. Remember the Maine! Remember those soldiers who blood soaked the sand at NOrmandy and the Pacific islands red to free the world from tyrany and others from death. Remember the soldiers who fought so that another 30 million people in the world could live under the freedom we have enjoyed for so long.

God bless our military and the men and women who serve. God bless the families of these men and women; protect them and sustain them in these times.

Pround son of a military veteran,

Adam J. Bulava

U.S. Government Curriculum

Hello fellow readers,

This year I have been a part of reorganizing and reissuing the social studies curriculum in the Clark County School District. Its been a fun, some what stressful and frustrating process but good. In preparation for my work on the social studies curriculum I created my own personal U.S. Government curriculum. It is posted below. Here are some key features to the curriculum.

• It is meant to be taught by following the U.S. Constitution from beginning to end. Teachers should have that as reference to everything they teach in the majority of this curriculum
• I include the least important items last since they are not mentioned in the Constitution and that they are more governmental theory than governmental fact.

U.S. Government Constitutional Curriculum

1. Importance / Goals of U.S. Government (Preamble) - 5 Objective
   Identify and give examples of functions of a government in society.
   Identify and describe the structures and features of different forms of governments.
   Identify the structure and major features of the U.S. Constitution.
   Explain and give examples of basic principles of the U.S. Constitution.
   Assess careers related to government.
2. Structure of Legislative Branch (Article I, Sections 1-3) - 4 Objectives
   Illustrate the structure and major features of the U.S. Congress.
   Identify the qualifications and terms of members of the U.S. Congress.
   List the responsibilities & privileges of Congressional members and Congressional leaders.
   Identify the members of the congressional delegation for our state.
3. Congressional Powers (Article I, Sections 4-10) - 3 Objectives
   Give examples of the expressed and implied powers of the U.S. Congress.
   Identify and describe the non-legislative powers of the U.S. Congress.
   Summarize the impeachment process of the U.S. government.
4. Law-making (Article I, Section 7) - 2 Objectives
   Describe the major steps in the law making process in the U.S. Congress.
   Evaluate the job of committees in the law making process.
5. The President & the Executive Branch (Article II) - 6 Objectives
   Identify the qualifications, terms, and privileges of the president.
   Evaluate the electoral college system.
   Describe the roles, responsibilities, and powers of the president
   Investigate the budgetary process of the federal government.
   Evaluate the confirmation process of presidential appointees.
   Categorize the components and responsibilities of the executive branch and the federal bureaucracy.
6. The Judicial Branch (Article III) - 7 Objectives
   Illustrate the structure of the federal courts.
   Explain the jurisdiction of the federal courts.
   Describe the origins of judicial review.
   List the major steps for a case to be heard by the U.S. Supreme Court.
   Identify the nine justices on the U.S. Supreme Court.
   Evaluate the factors involved in judicial nominations.
   Describe acts of treason and its punishments from the U.S. Constitution.
7. Federalism (Article IV) - 4 Objectives
   Compare and contrast reserved, delegated and concurrent powers of the federal & state governments.
   Identify and describe the obligations of the federal government to the states.
   Identify and described the obligations of the states governments to each other.
   Explore issues, court cases, and/or current events related to federalism.
8. State & Local Government Subunit - 5 Objectives
   Compare & contrast the structure of the U.S. Constitution to the state constitution.
   Compare & contrast the structure/processes/powers of the federal and state legislative branches.
   Compare & contrast the responsibility/power of chief executive in the federal and state governments
   Compare & contrast the structure/jurisdiction/processes of the federal and state courts
   Compare & contrast forms of local government
9. Amendments Process (Article V & Constitutional Amendments) - 3 Objectives
   Describe the processes for amending the U.S. Constitution.
   Identify/evaluate rights protected within the U.S. Constitution and the Bill of Rights.
   Explain and evaluate the importance of the remaining Amendments.
10. Supremacy of the Constitution (Article VI) - 3 Objectives
    Explain the Supremacy Clause in the U.S. Constitution.
    Examine the roles and responsibilities of citizens at local, state, and national levels.
    Identify and evaluate the symbols of the United States.
11. Ratification (Article VII) - 3 Objectives
    Explain the major historical events, documents, people, societies, principles and/or ideas that influenced that creation of the U.S. Constitution.
    Explain the compromises made during the creation of the U.S. Constitution.
    Describe the arguments made by the Federalists and the Anti-Federalists.
12. Election Processes - 3 Objectives
    Explain the major steps to being elected to a political office.
    Describe the role/power/responsibility of political parties, mass media, propaganda, public opinion polls, non-voters and/or other various influences on elections in the U.S.
    Identify the qualifications to vote in the U.S.
13. Political Parties - 4 Objectives
    Identify and describe the characteristics and functions of political parties.
    List political parties, both major and minor, found in the U.S.
    Compare & contrast political platforms of different political parties in the U.S.
    Describe and evaluate the processes of political socialization in the U.S.
14. Public Policy - 6 Objectives
    Explain the major steps in the formation of public policy.
    Compare and contrast domestic and foreign policy.
    Evaluate the role of political parties, mass media, public opinion, citizens and other various influences on public policy.
    Compare and contrast different types of domestic policy.
    Explain various strategies and instruments used in foreign policy.
    Examine the role of international organizations on foreign and domestic policy in the U.S.
15. Government Skills - Assessed throughout the entire school year.
    Develop vocabulary related to the study of government.
    Defend oral and written positions on government topics and current events.
    Develop and evaluate questions from multiple perspectives and thinking levels.
    Work individually and in groups to acquire and present information.

Hate Speech, PC, Tolerance & Free Speech

The U.S. House of Representatives recently passed the Local Law Enforcement Hate Crimes Prevention Act of 2009 (H.R. 1913). I understand the concept of hate crime; a person commits a crime that was motivated by their hatred for a specific group of people, enacted in the wake of the murder of Matthew Shepard. My main problem with these laws though is it does not provide the equal protection under the law provided in the 14th amendment. It classifies certain groups of people specifically minorities and others as deserving more protection than others. Unfortunately, they never classify it as a hate crime when a hispanic or black kills a white or hispanic or black because they don't like them. There is no equal protection under the law in these cases. This is just the foundation for what I would really like to talk about.

Hate Speech is officially fall under the enforcement of this law. So you cannot speak against a person if they are of a protected minority, like a Black or homosexual or as the they added, a pedophile. If you speak hateful words of these people you can be tried by federal law. But what is hate speech. If I were to go to church and they were to read from any book of the BIble that condemn homosexuality as a sin, does my pastor get arrested? Is my religious belief and political belief hateful if I think illegals should come to the U.S. by lawful means? Will they shut down church because they are sponsoring "hate speech" which is part of their religious belief, therefore violating the free exercise clause of the 1st amendment. This is the first step in the censoring of America. Or so it would seem.

Over the last 10-15 years the PC (politically correct) police have been all over everyone who says something that is not popular or just offensive. If you say something that someone else does not agree with then you are intolerant. But if I can't say it and you won't listen you are being intolerant to me as well. Much like Perez Hilton and Miss California. He asked an honest question; she gave an honest answer. He then proceeds to act as intolerant of her as he claims she is to homosexuals.

I refue to be PC but I will be tolerant of everyone's view point, even if I don't agree with. That is what makes the U.S. great. That is the definition of free speech. Being tolerant of everyone's view point no matter how stupid the view point. Free speech was not meant to protect the popular or polite speech but the offensive. Its to protect the hate mongering homophobic racists, as well as the hate mongering liberal homosexual that open disrupt religious practice in a church. It is the job of the informed and intelligent citizen to call out and/or ignore the ignorant on both sides.

This law, the political atmospher, the recent attacks on conservative talk show hosts like Rush Limbaugh and Michael Savage are the opening salvo against our most important and hallowed rights of freedom.

On a side note, I am becoming more and more libertarian in my view points, especially in this regard of free speech and expression. I don't think any speech should be regulate by the government. It can be seditions, hateful, vulgar, or offesive, even on TV. The Neilsens do a good job of telling us what is coming up on TV. If I don't want to hear vulgar langauge, I will vote with my remote. Also I don't disagree with regulating seditions hateful speech because again, the first amendment protects the offensive word and expression, not the polite. It is though the job of the government to regulate the actions of people. A man makes a seditions or hateful speech, they should probably investigate him to make sure he has not done anything beyond just speech.

Anyway, that's enough for now.

Liberal Media & MSNBC

What ticks me off most about the main stream media, but specifically the media outlets that have distinctly and unapologetically liberal in their bias is how they cover news. The main culprit is MSNBC. Every time I watch them it just ticks me off even more. From Rachel Maddow, Chris "Thrill up my leg" Matthews or Keith Olberman they all seem to follow the same pattern. If you don't understand it, make fun of it. Don't respond with arguments for your side, just tease and make fun and offer no analysis of the actual issue.

Now I will fully acknowledge that Fox News is a conservative news media outlet. But atleast they don;t just make fun of liberals. They debate with them and make talking points. They don't just tease Obama they say exactly why they are wrong. Totally different attitude, response, and outcome. If you look at the news ratings Fox has the highest ratings of all news outlets and the highest rated commentary shows from Bill O'Reily to my favorite of Glenn Beck. The fact that they have such high ratings says something about their message and the projection of that message.

Adam J. Bulava

Pirates

Here is my solution to the pirate problem in the Indian Ocean right now. Step #1 You move in a task force of the U.S. Navy and Marines; a few frigates, destroyers, aircraft carriers and patrol boats. You know enough to scare the crap out of these Islamic extremists. Step #2 The president gets on every single network and says that the pirates have 48 hours to return the captured ships and crews. If not every ship and port of call will be attacked by the U.S. military. Step #3 Wait 12 hours and then make a preemptive strike against all the pirate bases. I have a feeling when threatened they will start to kill and destroy all the people and ships in their possession, which is why you don't wait until the end of the deadline. Send in the Marines, Navy Seals, and the Army Rangers to take out theses bases capturing those responsible and saving the lives of those captured. Step #4 Any captured pirates are hung by the neck from the end of an air craft carrier. That aircraft carrier is then driven up and down the Somalia coast for a week or two as an example to anyone else who wants to try and be a pirate again. Problem solved!

Why do you think the Iranians gave up the American hostages on THE DAY Regan became president in 1981? Because they knew he would come in and use all force necessary to get them back. You can't negotiate with extremists they only understand and respect force. The U.S. has shown just how weak we are by negotiating with this scum. Who cares if we are not liked around the world. We never have been liked, but we have been respected. That is the more important of the two. Feel free to comment.

Adam J. Bulava

Teacher Merit Pay

Soooo... I found a few things that I actually agree with President Obama on. I know everyone is just shocked at that statement. Not surprisingly they are all education related. One of them is making the school year or day longer. I will address that one in a later post.

Today I want to focus on that President Obama wants to try and institute merit pay for teachers. I can fully get behind a plan that rewards teachers for being good teachers and identifies the bad teachers. This is something I talk about with my students when we discuss the bureaucracy in the federal government. One of the major features of a bureacracy is hiring, firing, and promotions based on a person's merit in their position. This is a set standard of objectives or criteria to determine who is best. We discuss as a class how would be judge teachers on a merit based pay system. Listed below is my system for merit pay for teachers. Enjoy and comment.

Evaluations

5-15% pay increase next year

• Administrators - based on four unannounced observations a year, at least once a quarter.
• Departments - dept. heads have to observe each teacher in the department at least once a quarter.
• Colleagues - each teacher in the building is assigned to observe another teacher in the school four times a year, at least once a quarter. Department heads are exempted from these because of their department observation.
• Students - Students are asked to evaluate their teacher’s anonymously each quarter, semester or when they transfer out of the class. Evaluations use a standardized questionnaire. Results given to administrators, teachers and parents.
• Parents - Parents are asked to evaluate their teacher’s anonymously each quarter, semester or when they transfer out of the class. Evaluations use a standardized questionnaire. Results given to administrators, teachers and parents.

Professional Development

5-10% pay increase the next year

• Based on degree, advancement in that degree and other forms of professional development taken in a set period of time outside of school
• Classes must be within your appropriate field for credit
• Reviewed on an annual basis during end of the year evaluations.

Experience
3-5% pay increase the next year

• Number of years teaching and subject matter
• Provides minimum amount of upgrade in pay (i.e. cost of living)
• Given if no other increase is earned for the next year

School Involvement
Paid during/after the completion of extra curricular activities

• Paid on an hourly rate or by a lump stipend
• Includes any after-school clubs, associations, school or district committees, etc

Teacher Salary Cap
Controls public spending of teacher salaries

• Teacher salary is capped at $???,???/year
• Annual Bonus system for teachers who continue to get good evaluations and continue their education

Teacher promotions to administration

• Minimum amount of time in district before apply to become an administrator
• Teacher’s / Administrators must provide evaluations from that minimum period when applying

28th Amendment

Here is my wish list of a Constitutional Amendment that should be passed. I know the people in Washington won't pass it so it is up to us in the States to do so with the power given to us in the U.S. Constitution: http://www.law.cornell.edu/constitution/constitution.articlev.html

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof

The 28TH Amendment to the U.S. Constitution.
To be passed by Constitutional Conventions in the several states... (Article V of the U.S. Constitution)

No member elected to the House of Representatives or the Senate shall serve more than two terms in their office. When a vacancy occurs within the Senate the governor of the state shall issue writs of election for the election of that office. No member of the House of Representative or Senate maybe appointed to ANY other position within the government while currently serving as a member of Congress.

Congress shall not pass any budget that is not balanced. ALL expenditure of the U.S. government must be accounted for in said budgets, including discretionary and nondiscretionary spending. No taxes shall be increased upon the electors unless it passes by a margin of 2/3 in both houses of Congress. No expenditure of the government shall be authorized unless it goes directly to support itself or the governments of the several states; no non-governmental group or agency may receive money from the government.

Congress may not vote themselves pay raises with direct approval of the electors of the several states in the next election. The pay of all representatives, senators, the president, judges and all government officials, shall not exceed more than three times the poverty line in the country as a whole. No benefits or privileges shall be given to Congress or any other elected or appointed officials unless approved by the electors of the several states, which shall include but not limited too health care benefits, retirement or pensions, and franking. All elected and appointed officials must also pay into social security.

No law shall be passed by Congress until it is released for all citizens to read and debate for at ten days prior to being voted upon by any house in Congress or signed by the President. All bills passed by Congress must include citations showing the expressed power to which this law is passed.

Facebook

So, I finally broke down and got a face book page. I hope that it ultimately leads more people to my blog and this blog will lead more people to my Facebook page. Well see though. Feel free to read and comment as long as no one takes it personal it will be all good.

Adam J. Bulava