Thursday, March 25, 2010

International Law On Piracy

TO UNDERSTAND THE POTENTIAL OF DEFINING TERRORISM as a species of piracy, consider the words of the 16th-century jurist Alberico Gentili's De jure belli: "Pirates are common enemies, and they are attacked with impunity by all, because they are without the pale of the law. They are scorners of the law of nations; hence they find no protection in that law." Gentili, and many people who came after him, recognized piracy as a threat, not merely to the state but to the idea of statehood itself. All states were equally obligated to stamp out this menace, whether or not they had been a victim of piracy. This was codified explicitly in the 1856 Declaration of Paris, and it has been reiterated as a guiding principle of piracy law ever since.

It has long been a principle of international law that pirates are the "enemies of all humanity", are "outside the protection of the law" and may be killed, with-or-without "due process of law", by any nation's agents or, in the act of piracy, by any person attacked by them. This is true even if those pirates are sanctioned or protected by some State.

The Law-Of-War does not protect pirates OR terrorists caught in the act of their crimes.Any disposition of pirates and terrorist, less than killing them, is an "act of grace" and NOT a right. This includes perpetual confinement (Under any conditions) and even "water boarding" to obtain such information as might allow the further suppression of piracy and terrorism.

To paraphrase: Those who do not study and learn from history will be condemned to repeat it. The lesson not learned, by the USA and the West, from the history of the 1800s "Barbary Pirates" is that paying ransoms to and compromising with pirates increases their criminal activity levels; AND, the only way to effective deal with them is to kill pirates, destroy their ships AND severely punish their bases-of-operations even if within the alleged jurisdiction of some semi-government as Somalia.

Tuesday, March 23, 2010

Back To "These" United States

I am neither an attorney nor a "constitutional scholar"; But, an avid student of history.. As such I wish to bring some "history" to apply to the recent "health care" legislation passed by the Congress and to like issues as to this nation's status as a Republic (And NOT a, more-or-less, pure or unified democracy).

Until, at the least, the War Between The States (Fought more over States' Rights than slavery), this nation was generally known as "These United States". Beginning after that most bloody war, the pendulum began to swing (Kicked more into motion by the two World Wars and, since 1945, by more and more "creative" judicial activism) towards having the USA known as "The United States".

Much of that expansion of Federal power appears to have been based on the use or misuse of the "Interstate Commerce Clause" of the Constitution---As written BEFORE the "Bill Of Rights" and, most specially its Tenth Amendment. All of those first ten amendments were required before the final acceptance of the Constitution to protect the rights of the People and, to some extent, the Several States.

Now, I am unable to mutate and mutilate the Constitution to the fine level of convoluted reasoning demonstrated by the Congress and, most specially, by those "High Priests Of The Religion Of The Law", more commonly called Federal Judges. But, I do understand that the noted clause was to prevent States from discriminating against the exports of other states and, incidentally to set the legal framework for tariff laws (The primary income source of the Federal Government for many years) and the then existing status of the "Indian" tribes as independent nations.

But, I am able to understand the logic that modifiers (The Tenth Amendment) limit or more finely define what came before OR towards what such are designed or intended to do. I also understand that the Fourteenth Amendment was to extend rights-and-powers to individual citizens under the (Full) jurisdiction of the Nation and NOT to extend Federal powers. I also know that the Constitution, itself, contains the amendment-means to add or delete "rights" through its amendment-clause. There is noting in that key and basic document which allows such changes in rights (eg Possession/manufacture of alcoholic beverages, votes for women) by some judicial "discovery of rights" and without the People's approval. (nb The "right to keep and bear arms" is in the Constitution, without any "reasonable conditions clause" and pre-dates that document in our legal traditions. It was recently confirmed, NOT discovered, by the Supreme Court.)

I suggest that the pendulum towards centralized, Federal, power has swung too much towards tyranny and needs to find a better balance-point. I suggest that the People's reaction to Chicago-style politics, in the Obama administration, may be the beginning of such a rational and democracy-supporting force---Unless we are again betrayed by some Judges and the Congress.

(1) U.S. Constitution: Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


(2-B) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Monday, March 15, 2010

The "Religion Of Peace) In The USA

Those who claim that "Islam" is a "religion of peace" should attend to the following FACTS.

(1). Post: Islam's Nature & Growth Patterns: Key Document

(2) We recently got taken to the mat by a polite, young Muslim living in the U.K. who took issue with our oft-repeated statement that no Muslim-American lost their life to vigilante violence following 9/11. She provided us a list of six or seven candidates and, after whittling out the ones where the killer was unknown or in cases with mitigating circumstances such as “victim was sleeping with killer’s ex-girlfriend” (and we're not making that up), we reached a shocking conclusion:

We were wrong.

There is one seemingly unambiguous case that occurred in Dallas, Texas where Waqar Hasan, a Muslim convenience store owner, was gunned down by Mark Anthony Stroman four days after the 9/11 attacks. Stroman claimed to have been motivated by anger from watching the towers fall. He is not exactly your average American, however, even apart from the shooting. For one thing, he is a white supremacist who carried a felony criminal record at the time of the attack. He also went on to shoot two more people in the weeks that followed.

Thankfully, an American jury sentenced Mark Stroman to death. The same cannot be said of many Muslim terrorists such as Lockerbie bomber, Abdelbaset Al Megrahi, who not only have sanctuary in Muslim countries, but are often treated as heroes by devout followers of Muhammad.

Nevertheless, we acknowledge that our friend is correct and that there was at least one Muslim killed in an anti-Arab hate crime in the U.S. following the anti-American hate crime on 9/11. For anyone keeping score:
People killed by radical Muslims on 9/11: 2,996
Muslim-Americans killed "in revenge": 1

Of course, 9/11 was neither the first nor the last time that Muslims have killed Americans on U.S. soil in terror attacks. In fact, since that day, Muslims have killed at least 52 people in 31 separate acts of terrorism in the United States (by the standards that Muslim-American groups set for hate crimes). Perhaps more importantly, there have been quite a few planned mass murders of Americans by Islamic terrorists that were thwarted by the FBI, law enforcement and overseas intelligence operations both before and after 9/11.

By contrast, Muslim-Americans do not appear to be in any special danger from murderous (non-Muslim) religious fanatics, even in a nation awash in firearms. Identity groups, such as CAIR, whine incessantly about relatively trivial incidents while turning a blind eye to the horrible violence that is meted out daily in the name of their religion. This distasteful petulance offers insight not only into the character of Islam, but also the impressive religious tolerance that Americans manage to maintain.

For anyone wondering about the history of deadly Islamic terror on American soil in the last 35 years, here’s what we could find:

Date Country City/State Killed Injured Description
4/14/1972 USA New York, NY 1 3 Ten members of a local mosque phone in a false alarm and then ambush responding officers, killing one.
1/19/1973 USA Brooklyn, NY 1 1 Muslim extremists rob a sporting goods store for weapons, gunning down a police officer who responds to the alarm.
7/18/1973 USA Washington, DC 8 2 Nation of Islam members shoot seven members of a family to death in cold blood, including four children. A defendant in the case is later murdered in prison on orders from Elijah Muhammad.
10/19/1973 USA Oakland, CA 1 1 Nation of Islam terrorists kidnap a couple and nearly decapitate the man, while raping and leaving the woman for dead.
10/29/1973 USA Berkeley, CA 1 0 A woman is shot repeatedly in the face by Nation of Islam terrorists.
11/25/1973 USA Oakland, CA 1 0 A grocer is killed in his store by Nation of Islam terrorists.
12/11/1973 USA Oakland, CA 1 0 A man is killed by Nation of Islam terrorists while using a phone booth.
12/13/1973 USA Oakland, CA 1 0 A woman is shot to death on the sidewalk by Nation of Islam terrorists.
12/20/1973 USA Oakland, CA 1 0 Nation of Islam terrorists gun down an 81-year-old janitor.
12/22/1973 USA Oakland, CA 2 0 Nation of Islam terrorist kills two people in separate attacks on the same day.
12/24/1973 USA Oakland, CA 1 0 A man is kidnapped, tortured and decapitated by Nation of Islam terrorists.
1/24/1974 USA Oakland, CA 4 1 Five vicious shooting attacks by Nation of Islam terrorists leave three people dead and one paralyzed for life. Three of the victims were women.
4/1/1974 USA Oakland, CA 1 1 A Nation of Islam terrorist shoots at two Salvation Army members, killing a man and injuring a woman.
4/16/1974 USA Ingleside, CA 1 0 A man is killed while helping a friend move by Nation of Islam terrorists.
3/9/1977 USA Washington, DC 1 1 Hanifi Muslims storm three buildings including a B'nai B'rith to hold 134 people hostage. At least two innocents were shot and one died.
7/22/1980 USA Bethesda, MD 1 0 A political dissident is shot and killed in front of his home by an Iranian agent who was an American convert to Islam.
8/31/1980 USA Savou, IL 2 0 An Iranian student guns down his next-door neighbors, a husband and wife.
1/31/1990 USA Tuscon, AZ 1 0 A Sunni cleric is assassinated in front of a Tuscon mosque after declaring that two verses of the Qur'an were invalid.
11/5/1990 USA New York City, NY 1 0 An Israeli rabbi is shot to death by a Muslim attacker at a hotel.
1/25/1993 USA Langley, VA 2 3 A Pakistani with Mujahideen ties guns down two CIA agents outside of the headquarters.
2/26/1993 USA New York, NY 6 1040 Islamic terrorists detonate a massive truck bomb under the World Trade Center, killing six people and injuring over 1,000 in an effort to collapse the towers.
3/1/1994 USA Brooklyn, NY 1 0 A Muslim fires on a van load of Jewish boys, killing one.
3/23/1997 USA New York, NY 1 6 A Palestinian leaves an anti-Jewish suicide note behind and travels to the top of the Empire State building where he shoot seven people in a Fedayeen attack.
4/3/1997 USA Lompoc, CA 1 0 A prison guard is stabbed to death by a radical Muslim.
10/31/1999 USA Near Nantucket 217 0 An Egyptian airline pilot runs a planeload of 217 passengers into the water after uttering a Qur'anic prayer.
3/17/2000 USA Atlanta, GA 1 1 A local imam and Muslim spiritual leader guns down a deputy sheriff and injures his partner.
9/11/2001 USA Washington, DC 184 53 Nearly 200 people are killed when Islamic hijackers steer a plane full of people into the Pentagon.
9/11/2001 USA Shanksville, PA 40 0 Forty passengers are killed after Islamic radicals hijack the plane in an attempt to steer it into the U.S. Capitol building.
9/11/2001 USA New York, NY 2772 251 Islamic hijackers steer two planes packed with fuel and passengers into the World Trade Center, killing hundreds on impact and eventually killing thousands when the towers collapsed. At least 200 are seriously injured.
3/19/2002 USA Tucson, AZ 1 0 A 60-year-old man is gunned down by Muslim snipers on a golf course.
5/27/2002 USA Denton, TX 1 0 Muslim snipers kill a man as he works in his yard.
7/4/2002 USA Los Angeles, CA 2 0 Muslim man pulls out a gun at the counter of an Israeli airline and kills two people.
9/5/2002 USA Clinton, MD 1 0 A 55-year-old pizzeria owner is shot six times in the back by Muslims at close range.
9/21/2002 USA Montgomery, AL 1 1 Muslim snipers shoot two women, killing one.
9/23/2002 USA Baton Rouge, LA 1 0 A Korean mother is shot in the back by Muslim snipers.
10/2/2002 USA Wheaton, MD 1 0 Muslim snipers gun down a program analyst in a store parking lot.
10/3/2002 USA Montgomery County, MD 5 0 Muslim snipers kill three men and two women in separate attacks over a 15-hour period.
10/9/2002 USA Manassas, VA 1 1 A man is killed by Muslim snipers while pumping gas two days after a 13-year-old is wounded by the same team.
10/11/2002 USA Fredericksburg, VA 1 0 Another man is killed by Muslim snipers while pumping gas.
10/14/2002 USA Arlington, VA 1 0 A woman is killed by Muslim snipers in a Home Depot parking lot.
10/22/2002 USA Aspen Hill, MD 1 0 A bus driver is killed by Muslim snipers.
8/6/2003 USA Houston, TX 1 0 After undergoing a religious revival, a Saudi college student slashes the throat of a Jewish student with a 4" butterfly knife, nearly decapitating the young man.
12/2/2003 USA Chicago, IL 1 0 A Muslim doctor deliberately allows a Jewish patient to die from an easily treatable condition.
4/13/2004 USA Raleigh, NC 1 4 A Muslim man runs down five strangers with a car.
4/15/2004 USA Scottsville, NY 1 2 In an honor killing, a Muslim father kills his wife and attacks his two daughters with a knife and hammer because he feared that they had been sexually molested.
6/16/2006 USA Baltimore, MD 1 0 A 62-year-old Jewish moviegoer is shot to death by a Muslim gunman in an unprovoked terror attack.
6/25/2006 USA Denver, CO 1 5 Saying that it was 'Allah's choice', a Muslim shoots four of his co-workers and a police officer.
7/28/2006 USA Seattle, WA 1 5 An 'angry' Muslim-American uses a young girl as hostage to enter a local Jewish center, where he shoots six women, one of whom dies.
10/6/2006 USA Louisville, KY 4 1 In an 'honor' attack, a Muslim man rapes and beats his estranged wife, leaving her for dead, then savagely murders their four children.
2/13/2007 USA Salt Lake City, UT 5 4 A Muslim immigrant goes on a shooting rampage at a mall, targeting people buying Valentine's Day cards at a gift shop and killing five.
1/1/2008 USA Irving, TX 2 0 A Muslim immigrant shoots his two daughters to death on concerns about their 'Western' lifestyle.
7/6/2008 USA Jonesboro, GA 1 0 A devout Muslim strangles his 25-year-old daughter in an honor killing.
2/12/2009 USA Buffalo, NY 1 0 The founder of a Muslim TV station beheads his wife in the hallway for seeking a divorce.
6/1/2009 USA Little Rock, AR 1 1 A Muslim with 'religious motives' shoots a local soldier to death inside a recruiting center.
11/2/2009 USA Glendale, AZ 1 1 A woman dies from injuries suffered when her father runs her down with a car for being too 'Westernized.' (10-20-09)
11/5/2009 USA Ft. Hood, TX 13 31 A Muslim psychiatrist guns down thirteen unarmed soldiers after proclaiming that 'Muslims should stand up and fight."

(3,308 killed by Muslims in America in 65 terror attacks)


Wednesday, March 10, 2010

Unpopular Proposals For MPS

Last November 1st the Milwaukee Journal Sentinel, very properly, contained a number of stories and columns illuminating and commenting on the Milwaukee Public Schools and other educational issues. However and for the most part, the various writers today and in-the-past have avoided some of the possible-to-probable methods of improving those schools by cutting unneeded costs and attending to unpopular facts

As a part of my Wisconsin taxes go to support MPS. I feel free to make the below comments.

First and foremost, MPS should immediately discharge not less than 50% of all employees not involved with direct services (eg Teaching, nurses, maintenance, security) to students and those involved in directly mentoring of first-year, new, teachers. Those persons who generate the screams that a lack of tax increases will result in losses in music, arts, advanced science-and-math and other programs should be satisfied as the moneys saved by their departure will directly and indirectly allow the continuation of those programs without tax increases.

I expect howls on this suggestion! However, all inter-school athletic competition should be eliminated to use the freed-up monies for the initiation of ability-based, disiplined and general exercise programs for all pupils and students with an expected, as research proves, improvement in academic performance which athletic programs for a few do not provide. Reduction in the costs of equipment, buildings and grounds maintenance, liability insurance and like costs can also be expected.

A very unpopular thought, fact and concept is that illegal aliens and their families should be excluded from all government benefits as they cost citizens and legal aliens much more than they contribute to the common good (Remember that term?). Therefore, MPS (And all other schools and government units) should do all possible to ID "illegals" and have them removed from the USA. As a side-benefit of this, more entry level jobs will be available to the so highly unemployed Black youths and young adults, perhaps providing more two-parent families to the benefit of students' education.

Thirdly, all school staff suspected of acts of sexual and other abuse of others (In or out of school) should be reported to the police for investigation. If charged, they should be suspended from duties; If convicted, fired-for-cause and NOT allowed to resign---With that act entered in the permanent personnel file and reported to the State Superintendent of Schools. Conviction of any felony or crime-of-assault should result in the same actions as proper civil conduct is an essential part of teachers (And principals) being a proper example for the young. Any contrary contract provision is against public policy! A weighing of public interests will overcome contract law. (These events should and must be a matter of public record (In accordance with the law and the MJSs' position on "openness in government").

Sunday, March 07, 2010

Upgrading Legal Standards In Wisconsin

On March 7Th the Milwaukee Journal Sentinel published a short column ("Defining the 'practice of law"") by Wisconsin's Lawyers' Union (Excuse me, Bar Association) Doug Kramer.This was much more of a defense of a monopoly than an expression of any real interest in providing the best legal services to our State's citizens.

If Mr. Kramer is rally interested in maintaining that quality he and his fellows should propose the following rules and insure their enactment:
1. Any attorney who steals from a client will have his/her law license permanently revoked;
2. Any attorney who uses his/her position to engage in a sexual relationship with a client shall suffer the same penalty;
3. Any suspension of a law license will be the last such action as a second disciplinary action, resulting in a finding of guilt, shall result in the same permanent revocation; And,
4. All disciplinary actions by the State Bar would become open records and forwarded to the like organization in all of the Several States and the territories of the USA.

Such a policy and Administrative Rule would end such "black humor" events as the Bar's decades-long fiasco of the Bar's and Supreme Courts' playing around with THAT attorney Eisenberg. Certainly Wisconsin has more than enough lawyers to afford the revocation loss of the bottom end of that profession.-

When the State Bar becomes serious about such maintenance of quality, it then should feel free to advocate for the measures Mr. Krammer proposed in the cited column. (Oh, by the way, I am more-than-pleased with my attorney.)

Saturday, March 06, 2010

Gandhi---Hero Or Otherwise?

For reasons I can only guess at so many persons are pushing the teachings of that full-of-self, family abusing, opponent of human progress and attorney "Mahatma" Gandhi as an golden example of humane humaness.It might be well to take a really close look at Gandhi and the British he so opposed as to what they have left to India and the world.

We might also look at the fruits of his behaviors and thoughts in the smaller world of his family.

1. Gandhi, India, The British & Inheritances
The British found the very disorganized sub-continent of India, misruled by petty and great tyrants, with poor roads made very unsafe by thugee (Worshipers of the goddess Kali, which devotees murdered in her name---And enriched themselves by robbing those victims), unequal treatment of the People under too many non-systems of law and the will of self-serving Maharajahs and other princes, suttee (All but mandatory suicide of widows), religious discrimination and wars-and-terrorism based on Faith differences the lack of any common language or good communications AND too many other evils and limiting factors to list here.

The British imposed order, law and some measure of justice. All, including the various tyrants, were brought under a more-or-less equal rule-of-law; Thugee and suttee were suppressed; The prior and many wars between princes were stopped and banditry across the North-West frontier was resisted; Roads were repaired and made straight and a model railroad system installed; The land was mapped, telegraph service (The first "Internet") was established; Trade was facilitated and some industries established (The basis of today's "Indian Economic Miracle"); English, now THE international language, was introduced and widely spread throughout that sub-Continent; Some measures towards the limiting of evils of the caste system were begun (And are still a "work-in-progress); The peaceful worship of God and gods was protected; And, other positive steps, too many to list here, were taken towards civilization.

What then was Gandhi's thrust and gifts to us---Directly or indirectly? A return towards primitivism, Hindi as an imposed and not neutral language; Resistance to law and order; Three "Indias" rather than one as accomplished by a genocidal division; Return to inter-Religious warfare and terrorism (Including the recent Hindu assaults on Christians as added to the jihad supporters violence towards everyone who disagrees with them); Uncontrolled and barely resisted banditry across the NW frontier; Military dictatorship in Pakistan as the only rational alternative to chaos or the misrule of Mullahs; AND, too many other evils and anti-civilization acts and results to list here.

"By their fruits you will know them".

2. About the family of famous Indian political leader Mahatma Gandhi, history of his sons.


(1869-1948), Indian political leader

His Fruits: "You want my sons to be holy men before they are men!" Gandhi's wife once exclaimed. It was true. "A blot which I have never been able to efface," wrote Gandhi, was his own absence when his father breathed his last. At that moment, Mohandas was in bed with Kasturbai, his pregnant child-wife; he never forgave himself. He abandoned sexual relations at age 37 and evidently saw his four sons as living reminders of his own sexual "curse." All of them, according to one account, "tried to live up to their father's expectations of them, but each, in his own way, failed, and in Gandhi's attitude toward their failure there was, by his own testimony, an element of guilt for sexual excesses in his childhood marriage." His sons resented their upbringing as disciples. They were not, for example, allowed the formal education which Mohandas himself had received and which would have provided them with their own choice of livelihood.

Harilal Gandhi (1888-1948) rebelled most strongly. He renounced all family ties in 1911 and embarked upon a tragic, lifelong path of self-destruction. He became a Muslim convert, an alcoholic, an embezzler; accounts of his arrests, public drunkenness, and destitution became commonplace. "I was a slave of my passions when Harilal was conceived," said Mohandas. Harilal appeared at his father's funeral in such derelict condition that few recognized him. He died in a tuberculosis sanitarium two months later.

Manilal Gandhi (1892-1956) was in disgrace in 1916 after he lent his elder brother some money. Mohandas sent him to South Africa, where he edited an Indian newspaper. Later he spent a brief period in India, bitterly astonished at the Mahatma's genial, old-age mellowness.

Ramdas Gandhi (1898-1969) had no taste for asceticism, yet participated in the grueling civil protests of the 1930s. Numerous jailings wrecked his health. Born and raised in South Africa, he never adjusted to the idealistic poverty imposed by his father.

Mohandas acted as midwife at the delivery of his youngest son, Devadas Gandhi (1900-1957).

Alone of all the sons, Devadas stayed near his father, sometimes being granted the privilege of serving as his secretary.

In 1976 Gandhi's direct descendants numbered 47 in five nations. According to Ved Mehta, author of Mahatma Gandhi and His Apostles, they "do everything from selling life insurance to working in space engineering; one is a Moral Re-Armament evangelist." Deposed Indian prime minister Indira Gandhi is no relation.

"By their fruits you will know them."