Showing posts with label Constitutional Law. Show all posts
Showing posts with label Constitutional Law. Show all posts

Sunday, March 1, 2026

Fact or Fantasy?

Sunday, January 25, 2026

If Only The Dead Could Talk

Somewhere along the line I shared that I refreshed my CCW training during COVID.

My instructor had some sage advice. Basically, she had this to say (I am paraphrasing):

If you happen to be legally carrying and someone invites you to a protest, an act of civil disobedience or a riot; run the opposite direction.  

The gist of this was in the wake of the George Floyd protests and the Kyle Rittenhouse shootings your CCW permit isn't a superpower against kryptonite circumstances.  A perfectly innocent legal carry situation is not a shield against an overzealous prosecutor.  Mounting a successful defense can drain your financial resources.  Worse case?  Worse case is always worse.  Use your imagination. 

Anyway, her words were good advice.  Prescient too.

Nevertheless, what happened in Minneapolis shows that ICE will treat the mere presence of a legal firearm as justification for lethal force.

Carrying a gun is not a crime, yet it was readily used as irrefutable proof of dangerous intent.  And now that Alex Pretti is dead and unable to contest that narrative; that’s the narrative.  

 

From the president on down the chain of command the instant narrative is this:  

Pretti was obviously a domestic terrorist and a would-be assassin.  Consequently, he deserved to die.  This was a good shoot.  

The practical upshot of this is if you are interdicted by the Federales while carrying - even legally - masked paramilitary forces without visible personal identification can and will kill you on the spot.  With the support of our government.

Judge.

Jury.

And executioner.

At this point there isn't much you can do about it; you're dead.  

Because our government has declared you guilty beforehand. 

 

Am I willing to be wrong about all of the foregoing?  You bet I am.  Yet the president has expressed a desire to impose martial law across the land.  And he usually gets around to trying to do everything he says he wants to do.  I'd also bet he'll continue to use his shadowy veiled paramilitary forces to terrorize a small blue enclave in Minnesota with only an estimated 130,000 undocumented migrants to provoke unrest.  

It's rather quiet where I live; not that counts for anything in a world where the Constitution counts for nothing....

Thursday, November 27, 2025

Following Orders Redux

Anybody who follows my musings on the blog or knows me personally also knows that I never served in the military.  Nevertheless, that universal fact does not disqualify me from having an opinion on military matters that are of interest to me or in the news.

This business of following orders has risen to the level of discussion here a couple of times already.  April 21, 2024 and, again on August 31, 2025.  

 

This week, there was a kerfuffle over Democratic lawmakers reminding the military to refuse illegal orders.  Between you and me I think they were trolling the president and, predictably, he rose to the bait.

All of this melodrama about sedition, treason and death by hanging is gonna bump-up against the First Amendment; you know, that business about freedom of speech.  Besides, everyone knows that the video was only addressing (without defining) an obligation to defy illegal orders.

I am told that, generally speaking, orders are presumed to be lawful and that a service member who disobeys a potentially questionable order does so  at their own peril.  The final determination of an order's lawfulness is ultimately a question of law decided-upon by a military judge in a court-martial.  That is a high bar.

A critical tenet of U.S. and international military law, established by principles like those from the Nuremberg Trials, is that "just following orders" is not a valid defense for committing crimes.  Service members have an affirmative obligation to refuse orders that are "patently illegal" or "manifestly unlawful". 

An order is considered unlawful if it:
  • Requires the commission of a crime or a criminal act.
  • Violates the U.S. Constitution, federal law, or applicable international law.
  • Is contrary to a lawful superior order or regulation.
  • Is beyond the authority of the official issuing it. 
Examples of clearly unlawful orders include orders to target or intentionally harm civilians, torture detainees, or falsify official records. 
 
A walk down memory lane would offer-up these examples:   
 
1968 — The My Lai Massacre (Vietnam)

U.S. soldiers were ordered to “kill anything that moves.”  That resulted in the slaughter of over 500 unarmed Vietnamese civilians.  Many soldiers refused.  Some tried to stop it.  Lt. William Calley was convicted for issuing illegal orders.  A helicopter pilot, Hugh Thompson Jr., famously ordered his crew to fire on fellow Americans if they continued killing civilians — because the laws of war required him to intervene.

2003–2004 — Abu Ghraib Prison Abuse (Iraq)

Some military personnel were ordered, encouraged, or pressured to commit acts of torture on detainees.  Several refused and reported it.  The Taguba Report (2004) confirmed illegal orders and systemic abuse.  Eleven soldiers were convicted.

2004 — Pat Tillman Cover-Up (Afghanistan)

After Army Ranger Pat Tillman was killed by friendly fire, military leadership pressured soldiers to falsify witness statements.  Several refused.  Investigations in 2005 and 2007 confirmed illegal directives to hide the truth and deceive his family and the public.

2007 — The Haditha Killings (Iraq)

24 unarmed Iraqi civilians were killed after Marines were ordered into a “search and destroy” posture inconsistent with rules of engagement.  While convictions were rare, the Pentagon acknowledged violations of the law of armed conflict and improper commands.

1944–1945 — The Dachau Killings (WWII)

U.S. troops were ordered by rogue officers to shoot unarmed SS prisoners after the liberation of Dachau.  Some soldiers refused; some complied.  Investigations documented the illegal order.
 
Illegal orders are a real thing.  And while all sorta people have all sorta opinions on this  week's news on the subject; the folks you don't hear from are those who are currently serving.  It's not that they're disinterested. It's not because they're uninformed.  It is a consequence they cannot legally enter the public debate.  Don't take my word for it - you can read all about it here.   
 
In my view the US military is the most professional on the planet.  I don't lose much sleep over the matter of those who serve understanding right from wrong. 
 

 * This blog post was in the queue before the events of yesterday afternoon when two West Virginia Army National Guard troopers were shot in Washington, DC.  More on that rapidly-developing situation as more solid details are known.   As I have said before; political violence is wrong. 

  


Saturday, October 18, 2025

Pentagon Press Corps

So, we’re gonna give the DOD a Trillion dollars and not have them accountable to a FREE press?

Naturally, this at the direction of the same collection of morons blathering about war plans in real time using Signal on their unencrypted personal devices.

No freedom of the press is one step closer to fascism.

The one thing that may save us from this administration’s clear authoritarian intent is its equally obvious incompetence.

Monday, September 29, 2025

Semiquincentennial

Originally settled by Puritans seeking to escape religious persecution in England under King Charles I the Massachusetts Bay colony was established so that they could be self-governed and freely practice their faith.

Charles issued a royal decree in1629 providing a unique charter allowing for the transfer of governing authority from England to the largely Puritan colony.  Unlike other colonial charters this one did not contain a clause requiring the the company to remain part of England.  This key omission allowed for Puritan founders, led by John Winthrop, to establish a New World governing structure.  Because the founders were Puritans the colonists sought to establish a theocratic government where only church members could settle.  This unique constitutional framework was a key step in the evolution of American democracy.  


Consequently, the Massachusetts Bay Colony operated with a broad degree of autonomy.  They openly traded with merchants from foreign countries, minted coinage with a pine tree design in lieu of the king's image, passed their own laws inconsistent with English civil and religious law including courts unanswerable to English courts.  Lastly, the colonists were openly intolerant of non-Puritans and created laws that discriminated against members of the Church of England.  Naturally, this uppity independent attitude and defiance of British rule strained relations with England and the crown became grumpy.  

In 1686, King James II revoked the original charter replacing self-governance with royal government.  The Massachusetts Bay Colony was merged with the Plymouth, New Hampshire, Maine, Connecticut, Rhode Island, New York and Jersey colonies into a single royal colony - the Dominion of New England.  King James appointed Sir Edmund Andros as royal governor to lord over the citizenry with an authoritarian hand.  

Town meetings and colonial assemblies were declared unlawful, family land titles were vacated and declared invalid, trade with other nations was forbidden, dissent became a treasonous offense and as a zealous Anglican Governor Andros' doom was likely sealed when he forced the Puritans to host Episcopalian services in their Old South Meeting House on Good Friday.  

After more than a half century of independence and self-rule the colonists were now grumpy.

Fortuitously, a revolt in 1688 replaced James II with William and Mary and when news eventually crossed the Atlantic the Boston Colonists took up arms and revolted in April 1689.  Militias from neighboring towns streamed into the city.  They arrested the captain of the British frigate The Rose anchored in Boston harbor and two thousand Massachusetts militia marched on Andros' garrison of redcoats.  Outnumbered he had no choice but to surrender.  Bostonians promptly restored their former government and after almost a year in prison Andros and other royal officials were exiled to England.

While the revolt led to the end of the Dominion of New England it did not lead to the restoration of the original charter.  The new English monarchs - William and Mary - issued a new charter in 1691 merging Massachusetts and Plymouth colonies into the royal Province of Massachusetts Bay, appointed a royal governor and required religious tolerance.

It would be another 85 years before independence would arrive; nevertheless, the seeds of revolution had been sown. 

Tuesday, September 23, 2025

Semiquincentennial

Also called the Bisesquicentennial, the Sestercentennial, America 250 or the Quarter Millenium - this marks the 250th anniversary of the United States Declaration of Independence.  Festivities will mark various events leading up to the Declaration's anniversary on July 4, 2026.

Nevertheless, I recommend we start celebrating now.  Why, you ask?  Because it was 250 years ago, this year, that stuff that really mattered in our history actually happened.

Consequently, The Missus and I traveled to Boston very recently and spent more than a week with a small group is similarly-motivated citizen history nerds to learn more about the history and events that led-up to our road to independence.

To facilitate this adventure we booked a tour with Road Scholar (formerly Elder Hostel) thereby utilizing their expertise in guiding the process, facilitating the participation of local historians and creating a group dynamic encouraging active participation of inquiry and search for knowledge.

Each day included a mix of lecture, Q&A, site visits with exploration and more walking than I've done in awhile.  If you've never been to Boston - as are many places in Europe and abroad - the streets and sidewalks are cobble stones strewn with potholes and other hazards to navigation.  The fact that not a person in our group turned an ankle is miraculous. 

Subsequent posts will cover some (but not all) of these significant events.  So stay-tuned and stop back periodically for a guided walk down our road to Independence.

 Key Dates and Events

1630 - Puritans arrive in Massachusetts and settle Boston 

1686 - King James II revokes the Massachusetts Bay Colony's charter and installs                          Sir Edmund Andros as governor

1689 - Bostonians force Governor Andros to resign

1756 -1763 - Seven Year's War (French and Indian War) drains the British treasury

1760 - King George III accedes to the British Throne 

1761 - James Otis argues against the Writs of Assistance in a court trail at the Old                          State House

1763 - Faneuil Hall is dedicated to the "Cause of Liberty" by Otis 

1765 - Stamp Act passed; riots occur in Boston and other cities

1766 - Stamp Act repealed; great celebrations follow 

1767 - Townshend Acts passed; non-importation boycott begins

1768 - June 10, John Hancock's ship Liberty is seized in a disagreement over the                           payment of customs duties; protesters riot in Boston

         - October 1, British troops land in Boston to maintain order

1770 - March 5, the Boston Massacre 

1772 - Committees of Correspondence formed to oppose "despotism" of Governor                        Hutchinson in a dispute over his salary

1773 - Tea Act passed; December 16, Boston Tea Party 

1774 - Intolerable Acts passed; punishes Bostonians for the destroyed tea, closes                         the town's seaport and abolishes all local elected popular government

         - General Thomas Gage appointed governor by King George III

         - Patriots "practice the military art" and organize the Minute Men 

         - September, First Continental Congress meets in Philadelphia

1775 - April 19, Lexington and Concord, British troops march to Concord to seize rebel                     supplies.  Alarmed by Paul Revere and William Dawes the Minute Men stand on                 Lexington Green.  At Daybreak the first shots of the war are fired.  The Siege of                 Boston begins.  

         - June 17, Battle of Bunker Hill.  Americans fortify Charlestown overlooking Boston                from the north.  British troops suffer over 1,000 casualties to take the American's                fort.

         - July 2, General George Washington arrives at Cambridge to take command of the                Continental Army 

1776 - March 4-5, Americans fortify Dorchester Heights overlooking Boston from the south

         - March 17, Evacuation Day.  British troop, government officials, and loyalists sail                out of Boston harbor never to return  

         - July 4, Declaration of Independence adopted at Philadelphia

1781 - Battle of Yorktown (Virginia); final surrender of the British forces

1783 - Peace treaty is signed between the United States and Great Britain 

_____________________________________________________________________

Fast forward to today.  

In our travels we taken countless subway and bus rides.  If we don't make an advance purchase one of the first tasks after arriving and clearing Customs is the purchase of our transit passes.  Rider passes go by various names; Paris is Navigo, New York is the MetroCard, Berlin uses the WelcomeCard, London has the Oyster Card and in Boston it is called the CharlieCard.  CharlieCard you say?  There's even a song about it.....

Wednesday, May 21, 2025

Constitutional Confusion

The writ of habeas corpus is addressed in Article 1, Section 9, Clause 2 of the U.S. Constitution, also known as the Suspension Clause. This clause states that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it".  Even I know this as it has been covered in the current affairs class on several occasions.

Kristi Noem, the homeland security secretary, bungled answers yesterday about habeas corpus, incorrectly asserting that the legal right of people to challenge their detention by the government was actually the president’s “constitutional right” to deport people.

At a Senate hearing, Senator Maggie Hassan, Democrat of New Hampshire, asked Ms. Noem about the issue. “Secretary Noem,” she asked, “what is habeas corpus?”
 
“Well,” Ms. Noem said, “habeas corpus is a constitutional right that the president has to be able to remove people from this country and suspend their right to—”     
 
“No,” Ms. Hassan interjected. “Let me stop you, ma’am. Excuse me, that’s incorrect.”