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Archive for the ‘Law’ Category

From Liv Films, an editorial about gay marriage, fat marriage, eating lobsters, and more. Mona of Liv Films was the “Ron Paul Girl,” but most of their recent work has been non-political. LMFAO (laughing my fat ass off)….

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Press release posted on the LP Radicals yahoo group. Starchild has had various offices in the San Francisco and California LP, and is one of the spokespeople for this initiative.

The San Francisco Department of Elections announced today that the measure prohibiting city officials from spending money arresting and prosecuting people for prostitution, and mandating equal legal protection for sex workers, has qualified for the November ballot. Of 500 signatures randomly sampled and checked by department personnel, 80 percent were found to be valid. “This is a happy day for San Franciscans who want government to focus on fighting real crimes like homicides and robberies, and are tired of seeing resources wasted in a futile effort to police consensual sex between adults,” said Starchild, a sex worker activist and spokesperson for the campaign. “We’ve cleared the first hurdle.” By the Elections Department’s tally, supporters had turned in 12,745 signatures of registered San Francisco voters on July 7.

The campaign to decriminalize prostitution will hold a kickoff rally and press conference to formally announce the results on Tuesday at 4:00 p.m. in front of the Polk Street entrance of City Hall, with
speakers to likely include Supervisor Jake McGoldrick, who was a signer of the petition to put the measure on the ballot along with two of his board colleagues. “It is way past time that the
recommendations of the Board of Supervisors 1996 Prostitution Task Force were implemented,” said the measure’s proponent, Maxine Doogan. “Criminalizing sex workers has been putting workers at risk of violence and discrimination for far too long.”

The prostitution reform measure joins two other voter-submitted measures on the local Nov. 4 ballot, along with eight measures put on the ballot by the mayor or members of the Board of Supervisors, with many others expected to be added in the next several weeks.

Starchild – (415) 621-7932 / (415) 368-8657 / RealReform@…
Maxine Doogan – (415) 265-3302 / MistressMax@…

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Disturbing medical marijuana case involving an AIDS patient

Tom FaltynowiczTom Faltynowicz, a 43-year-old gay rancher in Meade County, South Dakota, was diagnosed with Aquired Immune Deficiency Syndrome (AIDS) in 1990, and is currently facing criminal charges for possessing and growing marijuana for medicinal usage.For those of you unaware of the specifics of that disease, a patient infected with the Human Immunodeficiency Virus (HIV) may or may not develop AIDS. Once infected with HIV, the disease damages the CD4 cells (T-Cells), and in fact uses those cells to replicate within the body; CD4 cells can be replaced through normal process in the early stages of the disease, but eventually the counts start to fall as the cells are overcome by the virus. A CD4 count between 700 and 1000 is considered normal in a non-HIV infected person; while a CD4 count of about 500 is considered normal when the virus is present. A CD4 count below 200 is indicative of AIDS, since it is at that point that the body loses its ability to fight off opportunistic infection.

Opportunistic infection is any infection which, under normal circumstances, the body could easily fight off. However, due to the lack of CD4 immune cells, AIDS patients are at very high risk of contracting diseases which they would never contract were it not for the virus destroying their immune system. Some diseases are so common in AIDS patients, and so uncommon in non-AIDS patients, that they are considered to be AIDS-defining diseases. Examples of AIDS-defining diseases include Pneumocystis Pneumonia (a fungal infection of the lungs) and Kaposi’s Sarcoma (once believed to be a rare form of cancer, now believed to be caused by Herpes Virus HHV8); these diseases are normally not seen in patients with a normal immune system. While there is viable treatment for many opportunistic diseases, they must be treated swiftly in an AIDS patient due to the patient’s body being unable to fight infection on its own.

Another important way of measuring HIV is by measuring the viral load. The viral load is the amount of HIV in the body. So while a CD4 count measures the amount of damage HIV has done, a viral load count will measure how much of the virus is actually in the body. In this way, doctors are able to measure whether drugs are working to halt the spread of the virus.

AIDS is a pandemic first identified in 1981 by the Centers for Disease Control (CDC), due to Pneumocystis Pneumonia being identified in five homosexual men in Los Angeles. The disease did not take over worldwide as quickly as it is generally believed, though. AIDS has been identified in tissue samples of patients who died of unknown causes as early as 1959; one postmortem case identified the virus in a tissue sample from a 15-year-old boy who died in St. Louis, Missouri, in 1969, though it is still unknown how the boy may have contracted the virus. Some scientists suggest the virus could have first infected humans sometime during the end of the 19th Century, while other scientists suggest it first infected humans during the early 20th century, between 1915 and 1930. Regardless of whether it started during the late 19th Century or early 20th Century, it took many decades for it to even become prevalent enough to be noticed. Since the virus is slow to overtake its host, the window for inadvertent infection of others is years, rather than days or weeks as with most viruses.

It is unclear exactly how the virus started, but it seems clear that it crossed species from primates (which can carry a disease known as the Simian Immunodeficiency Virus) into humans, likely when humans came into contact with the bodily fluids of monkeys, possibly during consumption, hunting or butchering the animals (monkey meat is a delicacy in some areas of the world, and is regularly eaten in some areas of Africa). The virus spread due to a number of factors, including vaccines given with unclean needles in developing countries. While AIDS is now generally viewed as a disease of gay men and intravenous drug users, the truth is far more chilling, since the virus is not contained only within a particular population. Many women and children are infected with the virus, and in some areas of the world, particularly Africa where infected patients do not have access to proper health care, the number of deaths has become catastrophic.

At this time, there is no cure for HIV, or for AIDS, nor is there a vaccine to prevent transmission. However, scientists have designed a number of drugs inhibit the virus’s replication. To understand how these drugs work, a short primer on the virus is necessary.

HIV takes over CD4 cells, changing their molecular structure by inserting its own ribonucleic acid (RNA). The virus itself, which is too small to be seen except with an electron microscope, consists of an outer envelope containing the virus and the proteins and enzymes necessary for replication; the envelope has about 72 spikes on its surface. When the virus bumps into a cell coated by the CD4 protein, the spikes stick into the cell and fuse, at which time the inner contents of the HIV envelope is released into the CD4 cell.

Once inside the cell, the HIV enzyme called reverse transciptase converts the viral RNA into DNA, which is compatible with human genetic material. This DNA is transported to the cell’s nucleus, where it is spliced into the human DNA by the HIV enzyme called integrase. Once it is spliced into the human DNA, the HIV DNA is known as provirus. The provirus may lie dormant within a cell for quite some time. However, when the cell becomes activated, it treats HIV genes in almost the same way as human genes. First it uses human enzymes to convert HIV genes into messenger RNA. The messenger RNA is transported outside the cell nucleus, and is used as a blueprint for producing new HIV proteins and enzymes, much in the same way as the human body normally produce replacement cells.

Complete copies of HIV genetic material is contained among the strands of messenger RNA produced by the cell. These copies combine with newly made HIV proteins and enzymes to form new viral particles, which are then released from the cell. The enzyme protease plays a vital role of the HIV life cycle, as it chops up long strands of protein into smaller pieces, which are then used to construct mature viral cores. At that point the newly matured HIV particles are ready to infect another cell, and begin the replication process all over again. In this way the virus quickly spreads through the human body, and causes its host to become infectious. HIV is passed to others through bodily fluids; some fluids contain more of the virus than others.

Contrary to popular belief, people do not die of HIV, or of AIDS. They die of the opportunistic infections which accompany the complete loss of their immune system. Patients therefore must take a strong cocktail of medications to stop the virus from replicating and destroying their immune system. Some common drugs prescribed for AIDS patients, to stop the virus from replicating, include reverse transcriptase inhibitors, which prevent the viral RNA from being converted into human DNA; protease inhibitors, which prevent the virus from creating new mature viral cores; and integrase inhibitors, which prevent the viral DNA from being spliced into the human DNA within the cells.

Unfortunately, with those life-saving treatments for the virus come life-threatening side effects, from lethal liver damage to an overwhelming nausea which results in starvation and dehydration; when this occurs, it only worsens those same symptoms which can be caused by the virus itself. Over the years many drugs have been discovered to combat the side effects (those same side effects are found in many other medical conditions as well), and to increase the quality of life for those who are infected with the virus; some of those drugs and treatments are pharmaceutical in nature, and some are natural.

One of the non-pharmaceutical drugs, which has proven very helpful in battling the anxiety, overwhelming nausea and physical wasting which comes with the virus and its treatment, is marijuana. So effective is marijuana that scientists have even made a pharmaceutical version of the drug, used in chemotherapy patients as well as AIDS patients, which contains synthetic THC (the active ingredient in marijuana). However, many patients believe that the natural THC in marijuana works better than the synthetic version in Marinol, and science supports this belief. In studies of marijuana usage for medicinal usage, it was found that other chemicals found in marijuana have additional medicinal effects which complement the effects of THC. Furthermore Marinol is extremely expensive (Tom’s Marinol costs about $2200 per month, so severe is his nausea and gastrointestinal symptoms), and thus the drug is far beyond the financial reach of most patients; and for that reason they cultivate and smoke marijuana for medicinal purposes. While the black market cost of marijuana can be high, the plant can be cultivated at home from seeds, at very little cost to the patient.

In some states, it is legal for patients with a valid medical prescription to possess certain amounts of dried and cultivated marijuana for personal medicinal use. However, even in those states, the US Government – which has declared that marijuana is an illicit and therefore illegal drug – refuses to permit patients to use the cultivated form of THC. Patients are regularly arrested for merely possessing the substance which allows them to live a more normal life, and which in cases of extreme wasting seen in AIDS, is actually life-saving. This occurs nationwide, including in the states where marijuana is legal for medicinal use.

I do not advocate the casual use of marijuana (or any other drug, prescription or otherwise) to get “high”. I do strongly advocate the right of physicians and patients to determine the best course of treatment, and I believe the government has no right to interfere in the doctor/patient relationship when the patient is not being placed in untoward danger.

Enter Tom Faltynowicz. When Tom was diagnosed with AIDS in 1990, he was given “maybe a few years” to live. Eighteen years later, he is in a fight for his life, but it’s a fight of a very different kind.

In September 2007, law enforcement officials in his native Meade County received an anonymous call, stating that Tom had between 75 and 100 marijuana plants growing behind a metal building on his property. It is believed that the anonymous call came from Tom’s daughter, who was angry with him because he had recently stated his disapproval of her relationship with a particular man.

When Meade County Investigator Michael Walker and South Dakota Division of Criminal Investigation Agent John Griswold arrived at Tom’s home the next day, there were not 75 to 100 plants on the property, or even anywhere near that many; in fact, there were no plants out in the open at all. However, when asked by those officers about the accusation, Tom immediately admitted to growing marijuana to treat his medical condition. He even invited the officers into his home, so they can see where he was growing it, and he was completely cooperative at all times, even according to the police report regarding the incident. All told, the officers found five plants, and about four ounces of dried marijuana. There was never an allegation that the marijuana was being used for anything but his medical condition, and never an allegation that he was selling the marijuana. It remains undisputed that Tom was using the marijuana to treat AIDS, and the side effects of the many potent medications he takes to fight the virus.

Tom takes a total of four antiretroviral drugs to combat the HIV infection: Combivir (a combination of Retrovir and Epivir), Sustiva, and Viread. Each of these drugs, by themselves, come with potentially fatal side effects. All of these drugs can cause severe nausea, and can result in extreme anxiety as an additional side effect. In addition, Tom has been prescribed Marinol, the synthetic THC drug to combat nausea and vomiting, so there is no question that he suffers the side effects which are treated by marijuana, and there is no question that his side effects are severe based upon his dosage. However, Tom says that the marijuana is far more effective than the Marinol, since Marinol makes him so tired that he cannot function; and his physician is aware of and supports his use of marijuana to treat his symptoms.

Tom, though he has no prior criminal record with the exception of two prior misdemeanor convictions for possession of small amounts of marijuana – both of which occurred after he was diagnosed with AIDS – pled guilty to felony possession of marijuana. He faces a maximum of two years in prison, and a maximum fine of $4000; he could also be given probation. His sentencing date has been set for April 21st, before the Honorable Jerome Eckrich, Circuit Judge. Tom’s Infectious Disease Specialist, Dr. Traub, will speak at the sentencing hearing. The State Attorney has already said that he will not object to anything Dr. Traub might say. It appears that no one is interested in punishing Tom Faltynowicz; at the same time, under the law, his possession of marijuana – regardless of the reason why he possessed it – is a felony in the state of South Dakota.

Tom, however, is an exception to the reason that law was written. It was written to stop people from abusing the drug to get high, and to stop them from selling or otherwise providing it to others for the same illicit purpose. It is extremely doubtful the legislature was aware of the medicinal effects of marijuana when that law was passed, and it’s extremely doubtful the legislature ever intended to punish patients with a deadly disease. It’s even possible that the medicinal effects of marijuana were unknown to them when that law was passed, since it is hardly a new law. Nevertheless, since the law exists, it will be enforced, even against people like Tom who are using marijuana strictly for medicinal purposes.

This raises a number of questions. Even if Tom is merely placed on probation, and even if he stopped smoking marijuana altogether, using Marinol to control his symptoms would result in violation of probation, since he would test positive for THC during required drug tests. If he fails a drug test while on probation, he will be incarcerated.

If he is incarcerated, he will not only not have access to the drug which he needs to survive without excessive suffering due to overwhelming nausea, vomiting, physical wasting, and extreme fatigue; but the South Dakota Department of Corrections will be forced to pay for the extremely expensive antiretroviral drugs which fight the virus as well as the Marinol, at a cost of thousands of dollars per month to the taxpayers, in addition to the increased cost of incarceration for a man with an infectious deadly disease. As you should understand after my explanation of how those drugs work, and how the virus works, missing even one dose of his antiretroviral drugs could be catastrophic for his health, since it would allow the virus to replicate until the drug was again built up to a therapeutic dosage. Yet in a prison environment there is no guarantee that he will receive his life-sustaining medications at all, much less receive them on the schedule those drugs demand.

Tom has said that he will not stop using marijuana, because it allows him to live a relatively normal life. Without it, his body is wracked with pain, nausea, and vomiting; he is unable to eat or drink, and thus his body becomes even more weakened, even more unable to fight the virus, and even more prone to the many opportunistic illnesses, any one of which could easily end his life. This is especially true if he is confined in a jail or prison facility, given that there are large numbers of inmates living in close approximation.

To incarcerate Tom Faltynowicz would therefore place his life at severe risk, and as such would clearly constitute cruel and unusual punishment, as prohibited by the Eighth Amendment of the US Constitution. Furthermore, it would serve no purpose to incarcerate him, since his crime is merely possession of a drug which allows him to live with his disease and to continue take the cruel medications which literally keep him alive. He poses no threat to anyone and he is not selling or otherwise distributing the marijuana, nor has it even been suggested that he is selling or distributing the marijuana. Rehabilitation is also not a valid cause for his incarceration, since he merely uses the drug for medicinal purposes, and thus he is not in need of rehabilitation.

Society would not be served by incarcerating Tom Faltynowicz. The interests of justice would not be served by incarcerating Tom Faltynowicz.

As such, justice demands that the court show mercy by giving Tom Faltynowicz a suspended sentence, no probation, and whatever fine the court sees fit, as long as it is within Tom’s ability to pay said fine.

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Carmen Kontur-GronquistVoters in Arlington, Oregon, are very, very angry. That’s not unusual, since there are very angry voters everywhere these days.

What is unusual is the reason why they are angry.

Apparently their Mayor, Carmen Kontur-Gronquist, had some photos taken to send in for a fitness magazine, and in them she was dressed in her bra and panties. This all happened before she became Mayor, incidentally. A relative posted the photos on MySpace, hoping to find the single mother a date.

I didn’t see a thing in the world wrong with the photos; the most controversial of them is posted at top left. Basically, she’s showing off her rock-hard abs, and if I had abs like hers, I’d be showing mine off too. So what. Those photos are no different from any other photos for a woman’s fitness magazine, because I used to read some of those periodicals myself, back when I was into bodybuilding and fitness. In fact, her photos actually showed a lot less than they usually show in those magazines. Those types of photos are not at all sexual in nature, though, because they are intended only for other women to see, as inspiration in their fitness routines.

The people of Arlington, however, are absolutely outraged over those photos, and they actually threw her out of office for it.

When I first heard this story back when it first broke I thought, no way would a town actually recall their Mayor for posing for a fitness magazine. After all, Arnold Schwarzenegger made his living as a bodybuilder, and even posed fully nude multiple times, and he’s the Governor of California.

I was wrong, because they did recall her. The vote was 142-139 in favor of throwing her out of office.

If we are still so backward in this country that we’d throw a woman out of elected office merely for posing for a fitness magazine, covering more than the average bathing suit covers, are we really ready for a female president? Or would Congress impeach her the first time they see a picture of her in a bathing suit?

What do you think? Is it just that one town, or is most of American that narrow-minded? Given this, are we ready for a female president?

______________________

Originally posted on Adventures In Frickintardistan 

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Logo from DownsizeDC.org

I ran across this proposed law at DownsizeDC. I absolutely agree that no member of Congress should ever vote to pass any bill they haven’t actually read in its entirety, yet it happens all the time. Worse, far too often special interest items are inserted at the last minute. The truth is that Congress passes laws on a regular ongoing basis, which the majority of Congressmen have never even read.

The failure of our elected representatives to read bills before passage causes multiple problems, the most obvious of which is an out of control bureaucracy with laws either so complicated, or so poorly written, that even the courts can’t agree upon what they mean.

Since Congress has proven that they won’t do their elected jobs properly on a voluntary basis – by knowing exactly what laws they are passing, and what the effect and cost of that law will be – it should come as no surprise that some citizens are suggesting that laws be passed, effectively forcing them to do their jobs properly.

What follows is the draft of a proposed bill along those very lines.

A BILL

To require before final passage of any Bill the printing and full verbatim reading of the text of such Bill, and each and every amendment attached thereto, to each house of Congress called to order with a quorum physically assembled throughout, the entry of such a printing and reading in the journal of each house of Congress, and the verbatim publication of every such Bill, and each and every amendment thereto, on the official Internet web site of the Senate and the House of Representatives at least seven days before floor consideration and final passage of any Bill, and each and every amendment thereto by each house of Congress; and to provide for enforcement of the printing, reading, entry, publication, recording and affidavit requirements herein.

Be it enacted by the Senate and House of Representatives of the United States Congress assembled,

SECTION 1. SHORT TITLE

This Act may be cited as the “Read the Bills Act.”

SECTION 2. FINDINGS

(a) The United States Constitution vests all legislative powers granted therein to the United States Congress, members of both the Senate and House of which are elected by the people to whom each member is accountable to represent the people of the State and of the House District in the exercise of each member’s legislative powers.

(b) To the end that Congress be politically and legally accountable to the people, Article I, Section 4 of the United States Constitution requires each House of Congress to keep a journal of its proceedings and from time to time publish the same.

(c) To the end that no legislation be passed without effective representation of the people’s interest by the elected members of the Congress, Article I, Section 7 of the United States Constitution states that only those Bills “which shall have passed the House of Representatives and the Senate,” and not vetoed by the President, “shall become” Laws.

(d) According to Section I of Thomas Jefferson’s 1812 Manual of Parliamentary Practice for the Use of the Senate of the United States (“Jefferson’s Manual”), “nothing tended more to throw power into the hands of administration and those who acted with the majority … than a neglect of, or departure from, the rules of proceeding [which] operated as a check and control of the actions of the majority [and] a shelter and protection to the minority.”

(e) According to Sections XXII and XL of Jefferson’s Manual, it was the rule of the Senate that every bill receive three readings, two full readings by the Clerk of the Senate, and a third reading of the title of the bill only in that “every member of the Senate had a printed copy [of said bill] in his hand.”

(f) According to Sections XXIV, XXV, and XL of Jefferson’s Manual, it was the rule of the House of Representatives, following the parliamentary procedure of the English House of Commons, that every bill received two full readings by the Clerk of the House, and a reading of the whole contents of the bill verbatim by the Speaker of the House before the House voted on each bill.

(g) Under current Senate rules, the Senate has departed from its original practice of a full first and second reading of each bill, and of ensuring that each Senator has a printed or other verbatim copy of each bill before passage thereof, having by Rule XIV limited each reading of a bill to the reading of the bill’s title only, unless the Senate in any case shall otherwise order.

(h) Under current House rules, the House of Representatives has by Rule XVI (8) and Rule XVIII (5) embraced its original practice of full first and second readings of each bill, but has regularly departed from this practice by unanimous consent of the House, and has dispensed altogether its original practice of a verbatim third reading of each bill before passage, limiting such third reading to the reading of the title only, including the reading of the title only even when members of the House have no printed or other verbatim copy of a bill before passage.

(i) Although Section 106, Title 1, United States Code, requires a bill to be made available in written form to each member of Congress before final passage Congress has by statute conferred upon itself the power, during the last six days of a session of Congress, by concurrent resolution, to vote for passage of a bill that is not in form at the time of final passage.

(j) As a direct consequence of the Senate and the House of Representatives departure from the salutary practice of full, verbatim readings of each bill before final passage, and further, as a direct consequence of Congress, by concurrent resolution, having permitted certain appropriation and budget bills to be enacted into law without such bills being printed and presented to Congress in written form prior to final passage, Congress has: (a) imposed upon the American people excessively long bills, largely written by an unelected bureaucracy, resulting in generally incomprehensible, cumbersome, oppressive and burdensome laws, containing hidden provisions for special interests; (b) deprived the American people and their elected Senators and Representatives of a full and fair opportunity to examine the text of said bills, and all amendments thereto, prior to passage; (c) undermined the confidence of the American people by its failure to give adequate notice to the people before a vote is taken on said bills and their amendments in the bills; and (d) has called into question the integrity and reliability of the legislative processes in both houses of Congress by its failure to ensure that each member of the Senate and each member of the House has, prior to passage, either listened attentively to the reading of the full text of each bill, and its amendments, or has personally read the text thereof.

SECTION 3. READ THE BILLS BEFORE PASSAGE

(a) Chapter 2 of Title 1, United States Code, shall be amended by inserting at the end of the first sentence of Section 106, the following: “provided however, that no bill — including, but not limited to, any bill produced by conference between the two houses of Congress and any bill or resolution extending, modifying, or otherwise affecting the expiration date of a bill previously passed and enacted into law by Congress — shall pass either house of Congress: (a) without the full text of said bill, and the full text of each and every amendment thereto and — if the bill or resolution extends, modifies, or in any way affects the expiration date of a bill previously passed and enacted into law — without the full text of such bill or resolution and the full text of the bill previously passed and enacted into law having first been individually read verbatim by the Clerk of each house to the body of each house called to order and physically assembled with a quorum present throughout the time of the full textual reading of said bill, and of the full text of any bill previously passed and enacted into law, if any, that is the subject of a bill or resolution extending, modifying or in any way affecting the expiration date of such previously passed bill enacted into law; and (b) without the full text of said bill, and the full text of each and every amendment thereto, and the full text of the previously passed bill and enacted into law, if any, having been published verbatim on the official Internet web site of each house at least seven days prior to a final vote thereon in each house, together with an official notice of the date and time on which the vote on the final version of said bill and its amendments will take place.”

(b) Chapter 2, Title 1, United States Code, shall be further amended by striking the last sentence of Section 106, and substituting therefor: “With respect to each bill and each and every amendment thereto, and each bill previously passed and enacted into law, the expiration date having been extended, modified or in any way changed by a bill or resolution, each house of Congress shall cause to be recorded in its journal of proceedings: (a) that the reading, printing, and publishing requirements of this section have been met; and (b) the names of those members of the Senate and of the House present during the reading of each bill and each and every amendment thereto. Each member of the Senate and each member of the House shall execute a sworn affidavit, such affidavit being executed under penalty of perjury as provided in Section 1621, Title 18, United States Code, that the member either was present throughout the entire reading of each bill, each and every amendment thereto, and listened attentively to such reading, or, prior to any vote on passage of the bill, and each and every amendment thereto, personally read attentively each bill, and each and every amendment thereto, in their entirety. Neither house of Congress, nor Congress jointly — by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means — may dispense with, or otherwise waive or modify, the printing, reading, entry, publishing, recording, or affidavit requirements set forth herein.”

(c) Chapter 2, Title 1, United States Code, shall be further amended by renumbering Sections 106a and 106b to 106b and 106c respectively and adding a new Section 106a as follows: “Enforcement Clause. No bill shall become law, nor enforced or applied as law, without Congress having complied fully with the printing, reading, entry, publishing, recording, and affidavit requirements of Section 106, Title 2, United States Code and any person against whom such a bill is enforced or applied may invoke such noncompliance as a complete defense to any action, criminal or civil, brought against him. Any person aggrieved by the enforcement of, or attempt or threat of enforcement of, a bill passed without having complied with the printing, reading, entry, publishing, recording, and affidavit requirements of Section 106, Title 2, United States Code, and any member of Congress aggrieved by the failure of the house of which he or she is a member to comply with the requirements of Section 106, and any person individually aggrieved by the failure of the elected Senator of the State in which the aggrieved person resides, or elected member of the House of the District in which the aggrieved person resides, to fulfill that Senator’s or House member’s obligations under Section 106, shall, regardless of the amount in controversy, have a cause of action under Sections 2201 and 2202, Title 28, United States Code and Rules 57 and 65, Federal Rules of Civil Procedure, against the United States to seek appropriate relief, including an injunction against enforcement of any law, the passage of which did not conform to the requirements of Section 106.”

SECTION 4. SEVERABILITY CLAUSE

If any provision of this Act or the application thereof to any person or circumstance is held invalid for any reason in any court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act which can be given effect without the invalid provison or application, and for this purpose the provisions of this Act are declared severable.

If you agree with the above, and want your Congressmen to become involved, you can locate and contact your Congressmen through the US House of Representatives website and the United States Senate website

Originally posted on Adventures In Frickintardistan

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Drivers license photo at DMVIn the next six years, Americans born after December 1, 1964 will be required to get more secure driver’s licenses under the Real ID Act. Real ID was passed in 2005, and is supposed to make it harder for terrorists, illegal immigrants, and con artists to get government issued identification. Originally the new IDs were supposed to be introduced this year.

States, however, have balked at the idea, believing it to be either unnecessary or unduly expensive. The ACLU has vehemently objected to the sharing of personal data among government agencies, which will occur under Real ID. While the Department of Homeland Security claims that the only way to make sure an ID is safe is to check it against secure government information, the American Civil Liberties Union says it will only make it more likely for identities to be misused or stolen.

Furthermore, the ACLU claims REAL ID will be the “first-ever national identity card system,” which “would irreparably damage the fabric of American life.”

While I’m glad to note that I will be exempt, at least until 2017, it still bothers me. It’s just too much like asking for my “papers”, as far as I’m concerned. On the other hand, at least the government realizes that someone my age (45 now, will be 51 when the law goes into effect) is highly unlikely to be a terrorist, which is what I have been saying all along whenever I get hassled about flying or whatever. I’m one of those people whose kids are out of the house, and now I’m joyfully awaiting the day when I have grandchildren. People like me are not terrorists, except when it comes to our daughters-in-law. ;-)

Under Real ID, the cards will have three layers of security but will not contain microchips; and states will be able to choose which security measures they will put in their cards. Also, the driver’s license photograph would be taken at the beginning of the application instead of at the end, in order to keep the applicant’s photo on file to check for fraud.The government expects all states to start checking the social security numbers and immigration status of license applicants.Most states already check Social Security numbers, and about half already check immigration status. Some states are already using many of the security measures of REAL ID. For example, California expects the only real change in their current procedure will be to take the photo at the beginning of the application rather than at the end.

Once the social security and immigration checks become practice nationwide, Homeland Security will move on to checking with the State Department when people use a passport to get a drivers license (why don’t they already do that?), verifying birth certificates, and checking to make sure the person doesn’t have more than one license.

As if getting a drivers license and dealing with the DMV bureaucracy isn’t already a major pain in the ass, it will get worse. And it will be easier for people to steal your identity. Hmmmm ….. this sounds like a very, very bad idea to me. Just get states to do what they should already be doing (check social security numbers, check immigration status, check to make sure they’re who they claim to be when they use a passport to get a drivers license, require that lost or stolen licenses be reported within a certain period of time) and everything should be fine.

Law-abiding American citizens should not get an even bigger hassle in dealing with government red tape, just because a few people are assholes. And I will always be wondering whether the jerk clerk at the DMV is stealing my identity more thoroughly than any thief ever could, thus encouraging widespread paranoia and the attendant reliance upon the government which comes with it.
Of course, that’s what the government wants. They want us to depend upon them for everything, because that gives them power over us. God forbid that everyone simply be responsible for themselves.

_______________________________

Source: CNN “US Unveils New Driver’s License Rules”

Originally posted by ElfNinosMom on Adventures in Frickintardistan

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Maria LauterbachI have been watching the news reports about the young, extremely pregnant female Marine, Lance Cpl. Maria Lauterbach, who disappeared almost a month ago.

What has been most prominent in this case is the systematic marginalization of a young woman who dared to accuse a man, a superior officer, of sexual assault. I expected that out of the Marine Corps. I did not expect that from her family and civilian authorities.When she disappeared in December, the military did not report her missing, although certainly they were aware of it. Her stepmother was the person who filed the missing persons report. It now seems that her stepmother had advised her in a telephone conversation, shortly before her disappearance, to put her baby up for adoption because she couldn’t care for it. However, I’ve yet to see a Marine who can’t handle diaper duty. I suspect her stepmother really suggested adoption because of the identity of the father.

Apparently she had filed a rape charge against a superior officer, and a hearing was upcoming. The minute she filed a rape charge against a fellow Marine, she placed herself in danger, and the Marine Corps wasn’t about to do a thing to protect her.

As every female in the military is well aware (I used to be in the Air Force, many years ago) “don’t ask, don’t tell” applies to far more than sexual orientation. It also applies to females speaking out against the good ol’ boy system which is our military. They don’t want women there, and they especially don’t want mothers there. The latter is understandable to an extent, for many reasons; the former is not.

If a female is sexually assaulted by a fellow solder, and she reports that assault, she is assumed to be lying. Most females in the military will not report a crime committed by a male counterpart, and especially a superior officer, because they know how it will be viewed. The female, by filing such a charge, has bought their ticket out of the military, and with that goes all the benefits of being in the military, as well as the income. They will be forced out as a disgraced soldier.

Sure enough, it has been announced that she was facing involuntary discharge.

It has been said that she is suicidal and a chronic liar by her own family, by military authorities, and by the Onslow County Sheriff’s Department. Just yesterday, the Onslow County Sheriff made a plea for the missing woman to come back and face her problems.

Today, the Onslow County Sheriff announced that she is dead. Not only is she dead, she’s buried. It’s kind of hard to bury yourself when you’re dead. Obviously, she did not commit suicide. She was murdered. Obviously, the number one suspect is the superior officer.

Yet the Sheriff just said he is not terming this murder, because there are “a lot of twists and turns”. However, when you’re dealing with the military and they are covering something up, there are always going to be twists and turns. Sheriff Brown needs to get smart, and realize that he was being sent in other directions intentionally, to divert attention away from the Marine Corps.

Now, authorities are saying that the superior officer she accused is also missing. Apparently he’s been missing for a week, and was supposed to appear for duty at Fort Carson, Nevada.

Given the rape allegation, one would think he would have been noticed missing long before now. Undoubtedly the Marine Corps was aware that he had disappeared, and one would think they’d have made that information available. Had they done that, it would have been clear very early in the investigation that she had most likely been a victim of foul play, and the case would have been investigated as a possible murder rather than as a missing person. There is a huge difference between those two types of investigation, after all, since every adult has the right to disappear if they so desire.

But no. All this time, everyone – the Marine Corps, the Onslow County Sheriff’s Department, and even her own family – have worked on the assumption that she was lying about being raped by a superior officer. All this time, they have been protecting a murderer, a man who killed not only a fellow soldier, but an expectant mother and, quite obviously, her unborn child which could have survived outside the womb since she was eight months pregnant when she disappeared. As far as I’m concerned, that’s murder number two.

Today officials are saying that she was murdered because her unborn child would have been proof of her accusation of rape, which is undoubtedly a very big motive for murder on the part of the superior officer. So why wasn’t the Marine Corps ensuring this young woman’s safety from her attacker? Why didn’t they share that information with civilian authorities who were investigating her disappearance?

There are a lot of questions in this case which will probably never be answered. After all, the military is a law unto itself, and they don’t have to cooperate with local authorities.

However, this wouldn’t be the first time a Marine committed cold-blooded murder. The most famous case is undoubtedly that of Captain Jeffrey McDonald, who in the 70s murdered his pregnant wife and his two very young daughters, then tried to claim that drug-crazed hippies had committed the crime. It took decades to convict him of that heinous crime, due to the incompetence of the Marine Corps.

It looks like the Marines haven’t learn a thing since then. It’s all about protecting the reputation of the Corps. Semper Fi and all that, you know.

Originally posted by ElfNinosMom on Adventures in Frickintardistan

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