Where exactly are your rights?

The following is written from a hospital bed under some pain and discomfort. A bit of it even due to being in that place!

Well, under the US Constitution your rights are vested in you, individually, as the People. Some rights are lent via the Constitution to the Federal Government, and some further to the State you live in. However, the Constitution is not a planet-wide affair. When looking at Casus Belli and invasion of territories previously, we came upon the accepted territorial concept of a Sovereign State, which includes all territory, waterways and airspace under its direct control, as well as Embassies as Extra-Territorial Sovereign enclaves. The bounds of that are traditionally the center of the Earth and the end of the atmosphere. So the Constitution of the United States is in force throughout that 3 dimensional spatial definition for its People. I refer to this as the Constitutional Zone of Control (ZoC).

Outside of the United States, we the People have designated certain powers to the branches of the Federal Government and restrict the States from having those powers. Thus, we speak as one nation, via the Constitutional channels of the Federal Government. I touched a bit on it in my post regarding the nature of when citizenship began and what rights and responsibilities the States have in that process. Congressional powers I have looked at previously in passing in the concept of how Amendment II fits into the rest of the Constitution and in the lack of Congress in using Letters of Marque and Reprisal; both looking at the Article I Section 8 enumeration of powers. Beyond those powers, only the regulation of foreign trade falls under Congress in Article I Section 9:

• To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

The Executive, as laid out in my previous postings, has quite limited powers in number, although they are broad in scope. Beyond assigning Ambassador's and signing Treaties, the President also wears the Commander-in-Chief (CinC) hat. To restate, as it is pretty short, here are the Duties of the Executive in Article II Section 2 regarding the outside world (bolding mine):

• The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;
• He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

And the Presidential Oath of Office in Article II Section 1:

• Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

And Article III Section 2 grants the following to the Supreme Court (bolding mine):

• The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
• In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Now, much is being talked about with Amendment IV so here it is:

• The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

And Amendment V has some to add:

• The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment XI gives some insight:

• Note: Article III, section 2, of the Constitution was modified by amendment 11.
  The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

So, in short:

1) Congress - Declare War, Letters of Marque and Reprisal, create a uniform system for the military, appoint inferior courts, and regulate commerce with foreign countries.

2) Executive - Command in Chief duties for the military as sole commander. Protector of the Constitution of the United States (which has commonly been seen beyond just securing the document, but as to securing the Republic).

3) Judicial - Supreme Court as court of authority between the US and the outside world.

So lets take a look at a few general questions before moving on to meatier matters. This is a pretty interesting area, and is one of the clearest in the Constitution as it is meant to actually keep the Republic together. The People have handed over the decision powers to: wage war, sign treaties, judge problems and run affairs of the country in regulating Foreign commerce to the Federal Government. Excepted the Amendment IX and X rights that are not enumerated.

I was never much taken with the 'Aura and Penumbra' Right to Privacy issue when it is clearly an Amendment IX and X Right reserved to the People and their States. And one can assert that an individual has that same right to privacy in oversees contact from the United States ZoC. But since the enforcement of the Constitution is limited to the ZoC and to wherever US Forces are located, you really do not have such a right. Now Congress has mandated that communications between identified citizens overseas cannot be intercepted, one assumes under the Commerce powers. But, if there is no Treaty or other foreign agreement, to instantiate this, then Congress is just setting guidelines and not making enforceable Law.

So any communications, not covered by Treaty or the Congressional commerce regularization powers, will not give an individual legally in the United States *any* privacy in that communications once it leaves the ZoC. By the very nature of being a Republic, having a recognized Constitution under which the People have agreed to live, they also agree to the limitations of that Republic. In short, you have *no* expectation of privacy under anything not covered by Treaty and Commerce regularization when communicating outside the United States.

Now, this is not to say that the Government can spy on you without an authorization procedure. For all investigations aimed at prosecuting an individual under due process Congress has set up an inferior FISA court. This ensures any unwarranted searches and seizures within the ZoC. That said, the Executive does have broad powers BEYOND the due process procedures to preserve, protect and defend the ZoC via the outside using military and Ambassadorial means and internally via due process branches of government.

In short, you do *not* have rights outside of the ZoC if there is no means to enforce or protect them via Treaty or regularization of Foreign State commerce. Of course you are recognized your rights by military means and Embassies, wherever the US has them, but only by those personnel involved. The only other way for Congress to address this is via the Uniform Code of Military Justice, which applies to *all* military personnel. The CinC, however, is exempted from those controls where they conflict with Constitutionally granted powers. Congress does not, however, to extend the power of the Constitution outside the duly recognized ZoC save for Declaring War, Letters of Marque and Reprisal and its commerce means.

With all of this in mind, we can only now approach the NSA ongoings. The NSA is an explicit branch to help ensure the Executive's duty to preserve, protect and defend the Constitution. It must follow all interior ZoC laws set up by Congress. If it has means to intercept communications traveling from the ZoC to the outside world and wishes to follow the citizen to citizen communications language, then it may do so as long as those means are *also* outside the ZoC. Further, if those intercepts are made and not expected to result in due process procedures, it need not tell *anyone* about them.

For this to happen let me re-iterate: 1) the communications must not be covered by Treaty or international commerce statues enacted by Congress, 2) the communications may not be between ZoC components (such as overseas Embassies and the mainland US), 3) the interception must be solely outside of the ZoC, 4) such interception need not be reported to lesser courts established by Congress if there is *no* intention of starting due process procedures.

In short your rights are vested in you, but *recognized only* within the ZoC of the United States as it is recognized in the whole of its parts.

I have heard no arguments, as in none, that the NSA has:

1) Violated commerce provisions instituted by the Congress,

2) collected information for due process proceedings outside of the FISA court,

3) that the Executive has stepped beyond its bounds and sworn duties,

4) that Treaties have been violated that have been signed by Congress and the Executive.

To expect otherwise is to ask that Congress, the Executive and the Judicial branches become an Empire and scrap the Constitution. As the screaming and hollering and ranting and raving rise, I find that these making such a case clearly expect 4 initials instead of 3, and wish to replace USA with SPQR.

With themselves in power.

Fun in the hospital!

So, get in the cab last night, head to the hospital for tests... sleep overnight there... morning comes... well, 4am arrives... adjust insulin... back to semi-sleep (my favored state of being if I could only favor it)... wake up... get IVs put in...wander blearily around... get back to room..

Nurse checks blood sugar, too low to start the tests... wait a half-hour, too low...wait, too low... wait, too low... ummmmmm, what? Doctors come in, consult, leave... nurse checks every half-hour... read... vegetate... finally, last one... too low... hmmmm

"Well we really don't know what is going on, so we will reschedule it all for tomorrow, put off another test... But we really are quite surprised."

Talk on insulin taken, types, when... done everything right, the longest lasting left my system hours ago... blood drawn earlier for standard tests...

So here I am, about as bleary as normal... new room... ordered my meal... waiting... starved, to say the least...

Just WTF is going on?

No idea. Everyone is stumped.

What is even more fun than being in a research hospital waiting for tests to be run? Why being stuck in a hospital, badly sleep deprived and *not* having any tests run because your body is doing what it should but CAN'T do.

Medical research, both more and less than you expect it to be.

Dear me! Such a furor!

To those Muslims who happen to understand what the West is about: my sympathies! Having the reactions that your fellow worshipers are having must be a bit like having to put up with the temper tantrums of a slow child. They really are caught in a world of their own fantasy and whenever the real world happens to intrude, well, the tantrums ensue. Unfortunately, your lack of adult supervision and guidance is a source of concern, and as you know the West really doesn't much like this sort of thing. You folks have been quiet for a long time, and if you think this is bad, well, you probably have an idea of what is next. Again, my sympathies!

To the people of Denmark: I am sure I have some ancestors in common with you folks, even though it might have been through rival families way back in the 8th century, but we have learned to let bygones be bygones. Unfortunately you have stirred up a group that thinks anything past the 12th century is far too modern and that turning the clock back is the best way to do things. A couple of suggestions:

1) Remember your ancestors who raised the Raven banner, they gave you a land and possibilities and entrusted it to you,
2) many of those same ancestors went through the Mediterranean with the Byzantines, perhaps some family history is in order, and
3) you may want to up your defense budget to the 5-7% range and start marketing Aquavit to the US, we could use a good, strong, harsh liquor! The harsher the better, usually. I am more than ready to change my buying habits.

Also, finally, check out my post on Statute of Limitations. Yes, you were around to help birth modern diplomacy, often at the edge of a battle-axe, but the reminder does help, I think. My deepest admiration to the people of Denmark. You have been a kind and moderate folk for a goodly enough time and you may take this as a gentle wakeup call.


Now, to all of those incensed by the cartoons depicting Mohamed, et. al. :

Do you think this is blasphemy? MERE cartoons? The West is used to serving up *much* stronger fare than cartoons to the pompous and idiotic, just ask the Catholic Church. They tried to actually *ban* books!! And do you know what happened with those book banning lists? They became the shopping lists of 'Must have reading material' for anyone who wanted to see what the fuss was about! Instant best seller status to be 'Banned in Boston', and such brittle outrage only made things *worse*. Cartoons are just a mere and gentle chiding compared to what you are giving the comedians of today. You see, the modern gross-out comedian of today had to become that way to top other comedians who were just slightly *less* shocking. After a couple of decades of this NOTHING has become sacred to them EXCEPT a target that REACTS. The Muslim outrage has just handed a blank check to some of the most foul-mouthed, ill-mannered and generally un-pious group of people on the planet, namely, American comedians. The first one to realize *that* will make an instant fortune.

If you think that the image of Mohamed in a cartoon was blasphemy, just wait until you see what comedians do to the poor prophet. He will be dressed up on stage and pranced about in dresses, depicted as a gangster, shown to be a drug fiend, or, even worse, a Republican. No you can expect the serious mockery to begin in a few days as the modern comedian uses your outrage as grist for the late-night circuit. And I do hope that those shows will get to you! Because then you will become even more incensed than you are at present... apoplectic at the blasphemy, libel, non-historically accurate portrayal of the prophet. And each and every time you do, each and every protest, riot, car burning, embassy burning, each of this will *raise* the ratings of these folks and they will do even *worse* the next show! This will go on for weeks, months, years... priest and nun jokes are *still* a staple of the joke circuit.

And then, in 6 months or a year, just once you start to get a little bit used to the ridicule, the jokes, the demeaning attitude and you have generally worn yourself to frazzle, THEN things will get far, far worse. Because the next group to move in will be THE ARTISTS! If you want to see a bunch of people doing desecration and blasphemy, these are the people to really watch out for. They have gone to the extreme of mixing up holy images of Christ with urine, feces and many other materials less savory. I have no idea what they will do with Mohamed and Islam, but I can tell you that you will not like it one little bit. And the moment you react, hold a demonstration, a protest, actually try to go through legal channels to stop such things, do you know what will happen? That artist will become an *instant* celebrity! And then the entire comedian circuit will start out all over again at a new level of blasphemy.

So, to those worked up so much over mere cartoons, let me say this: learn some toleration and join the 21st century. Because of few cartoons are mild compared to the serious ridicule that will come your way.

Pork is for terrorists

Dateline - August 15, 2009, New Orleans (History Network reporting)

Today a large cargo vessel was brought into territorial waters of the United States by a group of individuals known as "The Jolly Black Crew" flying a black skull and cross-bones on the background of a Confederate States of America flag which is their company logo. This organization is a privately held corporation that started up after Congress offered Letters of Marque and Reprisals against all terrorist owned air and naval vessels meeting certain tonnage and capacity requirements. With a bounty of $10B "The Jolly Black Crew" has established the ownership of a Liberian flagged freighter to the approval of the US Navy and the Department of Justice.

Operating on an oil platform bought from ConTexIble for salvage and reclamation rights, this organization had the platform towed outside of territorial waters of the US and incorporated themselves as "The Jolly Black Crew". The CEO of this company is Sgt. Alexander Corrida, US Army (ret.), his brother Clarke, an ex-oil rigger, and their crew of various individuals that seem to have a wide array of skills. It is rumored that one of the large information storage companies, possibly TRW, has signed on for contingency fees based on 15% of the gross of each of the first ten vessels brought in via the Congressional authorization. This group is operating as privateers, although they claim to be a more general security and goods retrieval service.

It is believed that "The Jolly Black Crew" has ongoing operations in Africa, where it is rumored that two 5-man teams are operating to bring in cargo jets owned by al Qaeda or possibly other terrorist organizations listed in the Letters of Marque program. Contacted on this, Sgt. Corrida has said, "No Comment". Further when asked about other countries, notably the United Kingdom, Iraq, Pakistan, India and the Philippines offering similar though much smaller bounties, Sgt. Corrida has responded, "You can ask those folks about what they are doing."

Started in 2007 as part of a campaign promise by the Republican Leadership, the GOP rode in to larger majorities in both Houses of Congress based on their tough stance and Letters of Marque Program. Largely derided by many news organizations and leftward leaning groups, the GOP stuck with a deep sense within the electorate that Congress was not serious about Terrorism. Growing out of the disgust with earmarks in the Federal budget, also known as pork, many Senators and Congressmen vowed that they would redirect all pork projects under their purview to fund a Letters of Marque program. The GOP took the election slogan, "Safety at home, Pork is for terrorists" and won wide margins in most states, and even put such stalwarts as New York and California 'back in play'.

Many critics have claimed that even though this is specifically allowed under the Constitution, that it was illegal under various laws and Treaties. Department of Justice experts noted that if a law or Treaty violates the powers granted in the Constitution, then that law or Treaty is void in those areas. Until the Constitution is amended, the DoJ spokesman noted, "The American people have the right to offer such programs through their elected representatives."

"The Jolly Black Crew" was the first organization to sign up for this program, and even offered 100,000 shares on eBay for bid starting at $5 each. By the end of the last sale of 100 shares, bidding had skyrocketed to $300/share, as it was seen as a novelty item. Sgt. Corrida reports that the company considers 50,000 shares to be 1 full-time person in their crew and all proceeds are divided evenly amongst all individuals of the company. When asked what the allotment will be of the $10B award he said, "Well, after paying off debts, putting real money into some bonds, starting up our second platform and other expenses, and monies to other investors, there will be about $6B left. Along with the shareholder representatives, that will be divided by about 120. Shareholders can expect to get a $500 payment per share from this vessel."

So to those holding "The Jolly Black Crew" shares, your first payment check will be arriving. Free and clear of all taxation by the US Government and prohibited from being taxed by any of the States.

This is Christopher Jennings via PodCast for History News.



The above is fiction.

Congress can start this with legislation TOMORROW, if it so chose, under this part of the US Constitution:

• To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Easy enough to require documented proof of ownership of vessels and aircraft from the privateers. And once you get someone to trace a company or NGO back to known terrorist affiliations, then such vessels can be targeted by CONGRESS. It is suspected that many terrorist organizations have indirect ownership of cargo vessels at sea and of aircraft. It would take a large information holding and retrieval corporation a few months to figure out the connections, but at $150M per aircraft and $1.5B per cargo vessel, I am sure that many companies will offer their good services on a contingency award basis in the neighborhood of 15%.

And I think that the program itself would be a winner for the first party wanting to establish its premier security credentials in the fight on terrorists. Totally Constitutional, thus totally legal. Money sequestered from earmarks into this program and held until payout. I am sure that the American people will be more than happy to pay out more if the program proves successful.

Congress *can* actually help.

If they would grow a backbone.

A world to go to - In the time of Byzantium

About: Belisarius Series written by David Drake and Eric Flint.

Mankind advances, reaches the stars and achieves them... then splinters amongst itself into different types and kinds until only two are left... One seeks to impose its will upon the past and chooses a place and time when the ideas of individual capability were first being realized, during the reign of Justinian I in the Eastern Roman Empire centered on Byzantium. Those that seek to preserve humanity and all that makes it special must respond or see mankind enslaved and that candle of human specialness snuffed out. And so comes change to Our Earth, forever change as each representative seeks its path to achieve its ends. Order to the far East and India, where the caste system is very suited to its mentality. The other, a shard, finds its way to a holy man... and thence to the one man capable of understanding change, accepting it, adapting to it, and overcoming it. And so the Aide to mankind passes to a man not known for his religion, not known for his piousness, not known for his seeking the limelight. A man who respects duty and has always done so, but who is so capable that even Justinian does not fully trust him. To one man that can change the course of history for good or ill. A man overlooked by most today, but who won back an the lands of an Empire, if only the Emperor had the capability to keep it. And so footnoted with the failure of his superior, and nearly forgotten today. A man who thought obliquely.

When I was asked at a conference: "Who was the most capable general of all time?" It was not directed at me, but was a group answer affair, where each answered for themselves. I was nearly last and so heard the litany of greatness:

1) Alexander the Great - Of course, the dream of Empire beyond mere empire, but no skills to back up the victories.

2) Napoleon - Extremely capable with the tools available, yet overlooked that an expended army *is* an expended army and its skill and morale are difficult to raise anew.

3) Julius Caesar - A name passed down as Kaiser and Czar and many others, extremely capable and founded what would be the Roman Empire.

Then things get muddled with Grant and Lee and Sherman, Patton and Rommel and Eisenhower and Macarthur, then a litany of head scratching and new names....Genghis Khan , Atilla the Hun, Tamerlane, Suleiman, Saladin... and then the names begin run out... Nimitz and Halsey... Montgomery... Wellington (of course!)... King Gustavus Adolfos (oooo! great choice and perhaps even better than Caesar and Napoleon, if only... *sigh*) and then the eyes of the others turn upon me... and I speak one word... a name... a word that all opponents learned to fear in his day:

Belisarius

Count Flavius Belisarius to be exact, and the puzzled looks begin. Even, much to my surprise, the few military folks in the room... ones who had been to War Colleges and specialized studies of warfare. The name we are never taught, so we may forget it in its absence. A man who took an army so low in morale, the question was if they would even stand and fight, not win or lose, and outnumbered two to one against a seasoned and veteran Persian force, it was a death sentence. For any general, save Belisarius. At Dara the Persians were defeated by this lowly force, this poor force, this force they outnumbered greatly. Their expected booty became defeat, and the pride of Persia learned humility before the heart of the new army they faced. And the heart had a name:

Belisarius

And so an alternate universe begins, with the future attempting to snuff out freedom and liberty and fight and give it absolute order and control. To do so they must only fight some poor barbarian general given ranks in the Roman Empire, so unimportant he is not even a footnote in the future. What can one mere man do against the future?

The future gave help both ways, and in one set of memories a mere spark of a name and that of hope exists. A man barely remembered, a comparative barbarian to the high future, but a man of his times and fully capable of changing to the unexpected. A man who approached problems 'slantwise', who may have been the genesis of the idea of 'meeting oneself coming around the corner' as he was capable and thought so far ahead, and a man who understood the meaning of duty and honor and of preserving the importance of life, even when other lives must be ended to do so.

Belisarius.

David Drake and Eric Flint ask of the past... how would it adapt if given the full knowledge of its future from that day forward, and that this future had seen fit to enslave the idea of freedom in mankind so that *it* would not even be spoken of so that it may not be known. From this start comes the immersion into the politics of Empires (and 'Byzantine' only begins to describe it), the attempts at new technology and ideas, and the beginning of the solidification of Christianity as Axum and Rome join together to fight for their lives. To do this Belisarius must scout the enemy, try things that have never been tried before, find a way to save the Empire from treachery, start Reforming the Christian sects, employ his wife and her contacts and friends and build a new army, even as the General himself scouts out with the old. Meanwhile armies of hundreds of thousands march and consolidate the Indian sub-continent, then march towards Persia and spread intrigue and deadly plots.

Some historians might throw a fit at some of the liberties taken, but then not all was recorded and authors are allowed to conjecture on what is *reasonable*. History is more than dates and places and generals and empires and republics and battles and treaties... history is the PEOPLE who did those things and WHY they did them. We lose sight of that in our world, and those that venture to let us see the past in a different way are either ignored or scoffed at, in general. And when a genre like this suddenly becomes popular through some minor piece of mass media, it becomes inundated with more of the popular and less of the thoughtful works. So when Alternate History hit the fan, it exploded everywhere... briefly. But the works that started before that and continued through it remain true to a vision of people living in their world doing their best to adapt to change.

And when you read of the fictional exploits and compare them to the real works of one man, you realize that for the liberties taken, there is a completeness to who that man was. Then you begin to ask the question: "Why does no school teach of this man, this time, this critical juncture of thought?" Perhaps it was because he was a General, and military history (via Marx) 'only reflect the greater changes in their societies'. Can't talk about a General anymore or not easily... and one in history... DWEM! (Dead, White, European Male) No matter the fact he was probably Slavic and rose to the highest military rank in the Roman Empire, and had a wife from Egypt. And the Roman Empire of Byzantium was one of the first multi-ethnic, workable arrangements for mankind. Go to a "Liberal" school and I am sure that outside of a few SF fans and history buffs (alternate and otherwise) you will not hear a single word breathed about Belisarius and Byzantium and multi-ethnic culture of that era. And even the old line 'liberal' courses, seem to have tossed much of that into the dustbin of their classes, so that we may forget it today.

My advice is to look for An Oblique Approach if history suits your fancy and you would like to see how the past can be brought to life and gently warped and twisted. But always remember that there is one General that was feared in his life, who was able to defeat or turn back armies that outnumbered him (and with Justinian not giving him enough troops, this was always the case). A man who thought slantwise and sidewise in shapes ill-defined and put weasels to shame as he could coax them from their skin. A man of honor, courage and duty that only sought 'to serve and protect'.

Belisarius.

Remember and honor the man as he was... and as he could have been.