For American Pro-Gun Pro-Violence Originalists

“The question Whether one generation of men has a right to bind another, seems never to have been started either on this or our side of the water. Yet it is a question of such consequences as not only to merit decision, but place also, among the fundamental principles of every government.” […]

“This principle that the earth belongs to the living, & not to the dead, is of very extensive application & consequences, in every country…”

thomas jefferson — in a letter to james madison, sept. 6, 1789

∼ ∼ ∼ § ∼ ∼ ∼

Thomas Jefferson, as most of you know, was one of the six (6) Core Founding Fathers of our nation in the late 18th century. James Madison was as well and these two great scholars—Jefferson and Madison—contributed enormously to the idea, the drafting, writing, and ratifying of our U.S. Constitution in 1787–1788.

Early Colonial American Flintlock Saddle-ring Carbine – price: $15,000.00

In his letter of September 6, 1789 to Madison who was back in the American colonies, Jefferson was witnessing firsthand the start of the French Revolution. What he saw and interpreted from the French people was not unlike he and his American colleagues, the other five core Founding Fathers, and American colonists had also recently lived: revolution and independence from tyranny.

Now let’s jump to a modern enigma. What or whom is an Originalist? According to the National Constitution Center in Philadelphia, PA, Originalism is a theory of the interpretation of legal texts, including the text of the [18th century] Constitution. Originalists believe that the constitutional text ought to be given the original public meaning that it would have had at the time that it became law [in the late 1700’s].

Prussian “Hessian” type Jaeger rifle – price: $15,575.00

As you might infer from his 1789 Madison letter, as well as his 1816 letter to Virginia lawyer Samuel Kercheval, Thomas Jefferson would have undoubtedly and adamantly opposed this view of our nation’s rule of law if he were alive today for comment. Yet, his many letters to friends and colleagues amply demonstrate his position on Originalism vs. Living Constitution. And Jefferson was not the only Founding Father who would most certainly oppose this controversial political theory of Originalism. Edmund Randolph, also an attorney and Constitutional delegate from Virginia, wrote in his draft of a constitution:

To insert essential principles only; lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accommodated to times and events.

edmund randolph — july 1787
Brass barrel English Boxlock Flintlock Blunderbuss Officer’s Pistols – price: $10,775.00

There are also historical precedents from our Supreme Court Justices referencing the Eighth Amendment in their 1958 decision on Trop v Dulles and evolving standards of decency. With this historical background in mind, I would like to propose an idea, a compromise for our modern American Pro-gun, Pro-violence advocates and fanatical Constitutional originalists.

French & Indian War Period “Watkin” Brown Bess musket – price: $17,575.00

Let’s suppose for a minute that Originalism is an infallibly correct political, legal interpretation and application of the U.S. Constitution today and its first eleven Amendments up to the Twelfth Amendment of 1804. Let’s also suppose that the Second Amendment, written in 1791, should stand exactly how our legislators of the late 18th century explicitly meant its content between 1787 to 1791 regarding state militias and their arms/weapons of the time. Because those 18th century law-makers couldn’t have known the unspeakable level of carnage and lethality brought on targets in a matter of a few minutes by an armed 20th or 21st century shooter with specialized weapons or armaments, let’s see where this leads. Let us follow to its conclusion, for the sake of fairness or argument, the modern Originalist’s logic.

In keeping staunchly with the spirit of originalism and the original 2nd Amendment, and since it seems they all must have various high-capacity military weapons in their possession for their personal pleasures. So let’s say all modern-day Pro-gunners and Pro-violence advocates in America can choose from these 18th century (only) flintlock rifles and pistols to your heart’s content and their large private arsenals. Here are some of your choices; get your original 18th century firearms now and show-off your (asinine) stubborn commitment to original 1770 — 1799 laws, amendments, and flintlocks and their so-so not so rapid reloading! 😊 Footnote, notice the sale prices on each firearm by antique dealers.

If I were to follow to its end the logic of modern-day Originalists in the U.S., then I can argue my own ‘right to bear arms’ gives me the equal right to own a nuclear weapon or bomb. After all, nuclear weapons are an armament or arms as defined by the 18th century Second Amendment, and just as important, nor are nukes explicitly banned in writing by the Constitutional framers of 1791. Voilà! Me and my good ole boys all get nuclear arms; it’s our God-given Second Amendment rights! Let’s unload our 30- and 60-round AR-15 magazines in the air in wild celebration!

Pffft! I’ll grossly understate: ludicrous logic, right? By the way, as of the 185th day in 2022, the U.S. has had at least 314 mass shootings or massacres and more than 22,750 Americans have died due to gun-violence this year.

Now, back to reality.

How many Pro-gun, Pro-violence, 2nd Amendment defenders, and Constitutional Originalists—and probably Anti-abortion lovers too—like Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh and all other legislative, law-enforcement, and pro-gun American citizens do you think would gladly give up all their 20th and 21st century firearms for original late-18th century firearms that our Founding Fathers and Constitutional framers knew of back then when drafting our Laws of the Land? It really begs the question, Is Originalism even a tenable position today, legally or theoretically? Hah! 🙄

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Intrusive Intruders

Given the events in America over the last two to three weeks with our January 6 Select Committee Hearings—another one today unexpectedly announced late yesterday—the Supreme Court’s extreme radical decisions into every American’s intimate privacy as well as disregard for public safety on so many levels, and finally their decision about public praying on a football field’s 50-yard line on public property at a public school’s campus, i.e. favoring one religion over others, thus violating the First Amendment’s Establishment Clause… I thought Gary Numan’s song and lyrics below, from either side of the arguments, was terribly appropriate for this unprecedented time in U.S. government history. After reading and listening to his song, you might agree:

I could listen to you scream
Pretty music to my ears
I could listen to it all day
If you want me to

I could talk about my world
How you brought about ruin
I could talk about your greed
If you want me to

I could look into evil
See a heart just like mine
I could throw away reason
If you want me to

I could walk into darkness
Find the hole you crawled into
I will be the intruder
If you want me to

You can whisper your Lord’s prayer
And pretend that it matters
But don’t you wish you’d just listened more?
You can hide in the shadows
And pretend I won’t find you
But don’t you wish you’d just listened more?

I could listen to more lies
About promises you kept
Will you walk on water
Like you said you would?

I could make you my prisoner
But you were dead man talking
When you burned the oceans
Like you said you would

You can beg for God’s mercy
And pretend that He hears you
But don’t you wish you’d just listened more?
You can drown in your sorrow
And pretend you were helpless
But don’t you wish you’d just listened more?

This was always your one life
I won’t pretend that it matters
But don’t you wish you’d just listened more?
This was always your one home
I won’t pretend that I’ll miss you
But don’t you wish you’d just listened more?

Share your thoughts and opinions below if you’d like, about Numan’s song or whatever else. I certainly have many of my own, but will reserve them, for now, unless otherwise required. Such dark days in this country now and ahead for the foreseeable future. Why are Originalists forcing us back to the 17th and 18th-centuries!? 🤦‍♂️

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A New Pledge of Allegiance

“I pledge allegiance to Lord Trump
of the United Republicans of America,
and to the MAGA for which He leads,
one horde, under Trump, indivisible or death,
in captivity or banishment,
and mob-justice for all.”

∼ ∼ ∼ § ∼ ∼ ∼

Now the previous Pledge of Allegiance, changed in 1954 by Republican President Eisenhower to include under God, is the pledge most of us Americans are familiar with today and memorized all through our elementary and middle school grades. Many may not know, however, that the Pledge of Allegiance went through another change in 1923 from the original pledge written by socialist minister Francis Bellamy (1855-1931).

After watching sworn testimony today by loyal, Conservative, life-long(?) Republicans who finally remembered late, late in tRump’s four-year term—too late really—their sworn oaths they vowed to uphold which includes the Constitution and its Laws, its legal, checked-and-rechecked and hence accurate elections representing our democracy in action, the eerie thought crossed my mind that the 68-year old Pledge of Allegiance might already be changed by and within the deluded tRump allies and supporters!

Admittedly, I have no proof of this claim as many loyal tRump-lawyers are testifying to the same in the seven (or more) January 6 Select Committee Hearings. Furthermore, with this blog-post I hope you found the humor in my political satire. 😁

Or in the bigger picture is it political satire? 🥺

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Trias Politica! Not One Office or Leader!

Over the last two days or so my 82-year old Mom has been watching a steady dose of C-SPAN television. In the days leading up to these last two I have had to shut myself up in my bedroom when she ventures over to the FOXNews Channel. To me it is appalling the propaganda crap they peddle. She knows clearly how I feel about their blatant disinformation schemes. Therefore, maybe out of compassion, she feels bad about forcing her son into his room for hours as if being disciplined in time-out. 😄 Thus, I’m guessing the recent C-SPAN viewing.

This morning she was catching C-SPAN’s Washington Journal, Open Phones, Part 2. The topic was Should Mike Pence be considered not only a hero, but also a 2024 Republican Presidential Candidate. Nearly every single caller Greta Brawner took from Republicans, Democrats, and Independents—and it was some 15-16 total callers—never really called-in with their answers to those questions about Pence. They all simply wanted to vent their personal frustrations about the January 6 Committee Hearings and how atrocious life has currently become for average Americans since mid-February 2022. No surprise, the show descended into furious callers trashing either Dems or Repubs or Biden, Pence, and Trump. It is also worthy to note that all the callers sounded like they were 50–79 years of age, mostly on the elderly end of that age group.

The subject of what Mike Pence is today, what he was Jan. 4–6, 2021, and what he might be in the 2024 Elections was none of my concern or inkling of interest. What Kathleen Parker, columnist at The Washington Post opines about Pence is precisely what I personally think about his 3-days of doing his vowed Constitutional duty to protect our democratic elections compared to his dereliction of some 1,457-days of NOT doing that duty.

No, what utterly appalled and astonished me about every single caller, of all three various parties, and what they were bemoaning and ranting on and on about was how ALL of them kept singling out one man, one party, or one office one branch as the sole cause of this nation’s current Constitutional threats and socioeconomic problems, mostly inflation, skyrocketed gas prices, and a stolen 2020 election.

People, elderly callers—granted most of them from the Southern states with Kentucky, California, and Maryland being outside of the Deep South—and anyone else who passed high school History & Social Studies (with state and federal government included), I have one simple question for your very simple minds:

When did our nation’s governmental system change from a Trias Politica model with Equal Separation of Powers… and into a Dictatorship ruled by One Man or Office!? When!?

For all Americans and non-Americans abroad, please, please, PLEASE read this definition of what it means to have a Trias Politica model consisting of Equal Separation of Powers with Checks and Balances on all three branches as advocated by French Renaissance philosopher Baron de Montesquieu and later ironed out by James Madison’s Federalist Papers then our six (6) Core Founding Fathers. Taken from the Bill of Rights Institute in Arlington, VA, it states:

In our system of separated powers, each branch of government is not only given a finite amount of power and authority but arrives at it through entirely different modes of election. Madison theorized that as it is the Constitution that grants each branch its power, honorable ambition that ultimately serves the highest interests of the people could work to maintain the separation. In other words, since Congress is not dependent on the presidency or the courts for either its authority or its election to office, members will jealously guard its power from encroachments by the other two branches and vice versa. For Madison, this organization of powers answered the great challenge of framing a limited government of separated powers: “first enabl[ing] the government to control the governed…and in the next place, obling[ing] it to control itself”.

James Madison, Federalist No. 51, 1788
from the Bill of Rights Institute

Now, what does the above, precisely articulated definition by Madison and Montesquieu implicitly spell out as well? Simple really. It means that if there are three branches of government with equal limited authority and responsibilities as well as commissioned to safeguard against abuse of authority or dereliction of their responsibilities, then no one branch is completely responsible for said abuses or dereliction. Nor do those three branches have the total authority or Carte Blanche to change its direction (popular or not) or its outcomes. In other words, since 1788 the successes or failures of the U.S. government has been and is ultimately shared by all three branches. There’s more.

Given the functions of the active legislative and executive branches with regard to publicly needed policies and laws or their refinements, and their intentions and outcomes, the legislative and executive bear more instant responsibility for the failures or successes, while the judicial branch merely checks, monitors, oversees, etc, on the sideline, if you will, the Constitutionality of enacted laws, orders, and policies. But never, in our 230+ years of governing history has our federal or 51-state governments been lead by a dictator, or one man! Never. To imply such an accusation or explicitly state such a rant is an erroneous, categorically wrong statement and is not based upon anything in our standing Constitution, Bill of Rights, or the 27 Amendments. Period.

The POTUS can never be fully blamed for America’s ills, nor can he or she be hoisted as the sole hero of our country’s glories and victories. He/She must have bipartisan help and support from both chambers of Congress, approval (or silence) from the Supreme Court, and more importantly… the general help and support of a good majority of the American people. Without those four components, no one man or President can accomplish great things. Furthermore, no one man or President can be entirely blamed for dismal disastrous outcomes either. As the great Benjamin Franklin once exclaimed during the birthing of our nation and its eventual Constitution:

“We must all hang together, or most assuredly, we shall all hang separately.”

benjamin franklin, philadelphia continental congress – 1776

Sadly, however, it has become glaringly obvious that America’s general population over the last 4-5 decades has been seriously deficient and undermined in learning and applying their civic educations. Rarely do I ever hear an average ordinary American—particularly in my home state of Texas—speaking, writing rants on social-media, or calling in on C-SPAN to show off their cunning expert knowledge about our Constitution and Trias Politica model as engineered by our Core Founding Fathers. Nine times out of ten they’re blabbering about what they know little or nothing about. It quickly becomes obvious when they all single out one office or one man.

This detrimental, lethal deficiency of civic education over the last 4-5 decades culminated on January 6th, 2021 with the seditious attack and coup on the Capitol, members of Congress, and democracy itself took place. It is appalling to listen to and read. It is incredibly dangerous to the survival of our Constitutional democratic Republic. Not only is this ignorance by too many ordinary (moderate?) Americans a ticking time-bomb, but when a Cult of Personality (dictator) uses that unfettered, emblazoned ignorance and channels it into continuous disinformation, lies, mob-rule or mafia-rule by its cult leader, followed by insurrection(?)… then Judge Michael Luttig’s stern warning about Trump, his allies, and his fanatical ignorant supporters as ‘a very real, clear and present danger‘ only scratches the surface of what precisely has been and is at risk. It is…

The dismantling, destruction, and total loss of our country’s democracy, maybe forever if ordinary Americans don’t get better educated and wise up fast to cultish subversions by the “one man” and his fanatical allies and supporters. Texas is likely too far gone by now due to multiple decades of apathy and shitty K-12 educations here.

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Human Relations

For many multiple unknown months now I have been having to think, rethink, assess, reassess, refine, modify, embrace, and discard many aspects of my personal life. A very large part of this time-energy redirection was caused by the onset of COVID-19 in late 2019 and early 2020. No surprise, the ripple-effects of the pandemic are still a lingering impact. That necessary and expanded “redirection” was further caused by my 82-yr old mother’s Stage 5 & 6 Dementia. That second, newly expanded “redirection” by dementia was further exacerbated by my sister’s drug-relapse this past May 16th and 17th and as a result her consequential homelessness then ultimate move-in with Mom and I.

When local and not-so-local friends—two or three very dear friends—recently asked about my well-being, how I was doing and how my Mom was doing, I was candidly honest with them. Some listened empathetically, some consoled me and helped me laugh, and others lectured me.

I’ve never been a fan of sugar-coating factual reality. Furthermore, being unabashedly candid with others, especially “closer friends,” is a True-to-Myself and thus true to others life-principle I live by. I will never sacrifice or betray that principle, ESPECIALLY if it only makes them feel good or myself feel good. I am not ashamed in the LEAST of this personality principle to which I hold to airtight. It’s healthy existence (protection?) for myself, is not designed for anyone else. After all, no one on this planet will ever be confused or slightly unsure of what Dwain feels, thinks, and does. And I firmly believe there is a ton of value with this principle and condition. Some/many do not or never fully recognize that value. Nevertheless, I give it out for the sake of integrity and dignity… for myself and for them; they deserve that from me. And yes, I expect it, or hope to get it, in (equal?) return. I think this is completely fair.

Therefore, I sense I need another brutally honest, introspective checkup. I want to further examine myself and the various components and subcomponents of this principle within human relations. You might call this blog-post a Principle Checkup, for me and perhaps anyone else who wishes to join. As a result, I’ve come up with these nine questions.

1 — What is the number one need in every human’s life, or the mental-emotional-physical needs?

Is it feeling and knowing you are loved, valued, irreplaceable? Personally, I would rank this need and its three subcomponents pretty high up the checklist, if not all the way at the top. PsychologyToday.com and Dr. Glenn Geher, Ph.D. has this to say, or rather what the antithesis of being and knowing you are loved, valued, and irreplaceable are:

While love often gets a bad rap as some nebulous experience that is really only for dreamers, all kinds of evidence suggests that, in fact, love is a real feature of our evolved psychology3. Love, which seems to encourage people to form deep connections and bonds with others, plays a powerful role in not only cultivating happiness, but in helping people to develop healthy alliances and communities that have the capacity to lead to all kinds of benefits. Further, love actually is represented in various neurological and hormonal processes4. In short: Love is a real thing.

In the human evolutionary story, forming close, trusting, and loving connections with others is a core feature of how we thrive at all levels. Love is, in short, a foundational element of thriving. And this fact is true for people across the globe5.

Dr. Glenn geher, ph.d. – state university new york; founding director of the campus’ Evolutionary studies program (evos)

But there are many forms of love, yes? Are some love forms better than others? Should we strive to obtain all of its forms during our lifetimes? Are some of us incapable of these forms, or certain love forms? Would that be a cop-out? More on this later.

2 — Is our need for three-component love clearly, proactively, and accurately expressed to others? Do others correctly interpret that/those expression(s)? Why or why not?

I will now reserve my own comments about these nine questions unless I feel they’d direct and/or pique and invoke some closer introspection.

3 — How many forms of love truly exist?

Since ancient Greece many modern anthropologists suggest a minimum of six basic forms of love existing in human relations. In their Greek form they are:

  • Eros
  • Philia
  • Ludus
  • Agape
  • Pragma
  • Philautia

For a detailed explanation of these six forms of love go to my February 2016 blog-post: Untapped Worlds – Maior Liberatio. Scroll down to the Love and Compersion section. On the subject of not striving and obtaining at least some degree of all six love-forms, I personally feel all six are absolutely reachable. In addition, all six most definitely contribute to a more fulfilling, more whole, more happy life and human relations. Period. I speak from first-hand experience.

4 — What type of relations with other humans do we have in our lives? What types have we had in our past? Which ones worked best and which ones collapsed? Why and why not?

PsychologyToday.com and Robert Taibbi, LCSW share the five most common types of relations: four bad, one good. Those five types, their climate, dynamics, and long-term effect are as follows, however, for the sake of time and space I will only post each with their long-term effect; maybe that will interest viewers to go read the entire article. It is well worth it, after all, recognition and accurate identification of problem-issues is the first step…

  1. Competitive/Controlling — There’s a jockeying for power about whose way is better, who wins the argument, whose expectations and standards do we follow, whose career is more important. There are a lot of arguments that quickly turn into power struggles, battles over getting the last word.
    Long-term impact: These couples [or friends] get tired of battling and divorce [detach], or one finally concedes, or they both finally define their own turfs that they are in charge of.
  2. Active/Passive — One partner [or friend] is essentially in charge and does most of the heavy lifting in the relationship while the other goes along. While some of these start out as competitive relationships with one conceding, more often this imbalance has been there from the start. There are few arguments, though occasionally the active person will become resentful for carrying the load or not getting enough appreciation. They explode or act out, but then feel bad and go back to the same role [routine trap].
    Long-term impact: The risk for the active partner [or friend] is that she/he will get burned out or resentful and leave. The partner left behind either needs to become more independent or find someone else to take over.
  3. Aggressive/Accommodating — Here the power difference is not based on caretaking, but on raw power. One partner [or friend] is clearly in charge, and the other accommodates less out of passivity and more out of fear. While the intimidating partner [or friend] will easily blow up, there is little real conflict. There is emotional abuse and sometimes physical abuse.
    Long-term impact: Either the relationship continues, or the accommodating partner/friend finally gets the courage to leave/detach. The aggressive partner/friend will do what is necessary to try to pull the other back into the relationship. If that doesn’t work, the abusive partner/friend will likely find someone else to replace the other.
  4. Disconnected/Parallel Lives — There is little arguing, but also little connection. They go on autopilot, with both having their own routines. The relationship seems stale, they have little in common; they are more roommates [distant acquaintances] than lovers [or close friends].
    Long-term impact: Midlife or older-age crises may cause one or both to feel that time is running out. This may precipitate arguing and efforts to either finally revitalize the relationship or leave. Or, they continue saying to themselves that this is good enough, or that they’re too old to change [then gradually wither away].
  5. Accepting/Balanced — The couple [or friends] are able to work together as a team, complementing each other. They each recognize and actively accept the other’s strengths. They’ve got each other’s back, both are interested in helping the other be who he or she wants to be. They are able to revitalize the relationship when it begins to grow stale; they are able to solve problems rather than sweeping them under the rug.
    Long-term impact: Midlife and older-age crises may arise, but they are able to work through them.

5 — Were some of your past relationships or current ones similar/identical or a sub-form of a Black Hole in outer space?

6 — Were the expectations for the best or failed relationships reasonable or unreasonable expectations? Why and why not?

7 — Where do our blueprints-of-relations originate? Do they flex and/or adapt over time to everchanging conditions, both environmentally and amongst our human daily/weekly engagements? Why or why not?

“Adapt or perish, now as ever, is Nature’s inexorable imperative.”

h.g. wells

8 — Are certain man-made social-systems, ideologies, belief/faith systems flexible, adaptable, and sustainable from subatomic micro-levels to organic-human levels up to macro-levels of our Universe and the Cosmos? Why or why not?

9 — Given the above (honest!) answers, am I at a healthy juncture? Am I thriving, becoming a more whole human-being? Or am I in need of (serious?) change, redirection, and/or bigger better refinements?

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In my near 6-decades of living, these are questions I have sometimes asked myself when my circumstances and those immediately around me take a noticeable, significant, or life-changing shift. Some are like trimmers, others like an earthquake. To me this 9-point litmus test on say the pitch, roll, and yaw of my airplane’s performance, has to be a regular, maybe even frequent introspection and raw honest maintenance routine. Seriously, what’s the consequences of not doing it? How obtuse of me, right? 😉

No surprise, I’ve been going through these checks—a few of them new—these last 3-5 years. But inescapably these last 9-months. The process damn sure has its annoyances, its frustrations. It’s painfully exhausting sometimes. Yet, one predictable, consistent outcome after doing it is…

I eventually find my balance and my buoyancy returns in order to handle my ship’s rudder or airplane’s stick. And so I know the next inevitable shift or storm I will have gained more treasured experience to cope, survive, and hopefully find calmer, pristine Seas of Living Tranquility.

Eh, or I won’t. Hah!

What about you? Might this litmus test help or has it, in your own version? Share it if you like, or as much or as little that works and doesn’t work for you. 🙂 Also, I’d enjoy reading your answers to some or all of my above questions.

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