Sunday, January 29, 2017

Why a Muslim Ban Does Not Violate the 1st Amendment

Islamic Terrorism and Call for Banning Muslims

Nearly fourteen months ago, on 2 December 2015,  a pair of Muslim terrorists murdered and injured three dozen people at a social services facility Christmas party in San Bernadino California.  On 7 December 2015, Republican Presidential front-runner Donald J Trump called for a complete ban against Muslims immigrating into the United States until government can figure out what's happening.  That backed up his earlier call for surveillance of mosques and other Muslim hangouts. 

The Ban is Constitutional because...

The call for a ban put Democrats into a tailspin of course.  Trump's leftist detractors tried to shame him, but he told them he didn't care what they say.  They claimed a religious test for entry into the USA constitutes a violation of the US Constitution's 1st Amendment, which provides this:
Congress shall make no law respecting an establishment of religion , or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Banning Muslims has nothing to do with establishing a religion.  Anyone who can read should know that.  Apparently America's leftist and Muslim US citizens and others who find a ban on Muslims illegal obviously cannot read or cannot comprehend what they read.

Furthermore, Congress has already given the President the power to impose such a ban.  See 8 U.S.C. § ll82, which provides this:

"(f)Suspension of entry or imposition of restrictions by President
"Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline."

Islam is a Political System, Not a Religion

But most importantly, Islam is not actually a religion, even though it bears many of the trappings of a religion.  It is, in fact, a POLITICAL system diametrically opposed to the US Constitution-based republics of the USA and of its several states.  It operates behind the DISGUISE of a religion.

Begun in the 7th century C.E. in Arabia, Islam's political system known as  "Shari'ah" includes taxation, waging war against infidels, slaughtering apostates, and regulating society with laws permitting rape (unless three males attest to having witnessed, but not participated in, the rape), vaginal mutilation to prevent women from enjoying sex to the extent that they would run off with man other than husband, polygamy, and regulating many things such as executions by beheading, punishing robbery by chopping off the right hand, cleansing the body, praying 5 times a day in a public display, giving of alms to widows and orphans and the poor, "Ramadan" fasting during daylight hours for a winter month, making a pilgrimage to Mecca, and many other rules.

Islamic Law Diametrically Opposed to US Constitution

Shari'ah law also mandates a system of public education of males (but not females) centered on the Qur'an (or Koran), its supporting Sunna, or oral traditions of Muhammad which include the Hadiths (his practices) and Sira (his biography). Muslim centers of worship are called mosques. The clerics, known as Imams, interpret the law for less learned Muslims.

Shari'ah does not respect individual liberties, so it does not comport with the liberty guarantees of the US Constitution.

And interestingly, most Islamic governments are monarchies, theocracies, or other dictatorships. Of the approximately 50 Islamic majority states in the world, only five are republics.

The Bloody, Criminal History of Islamic Expansion

Historically, Muslims entering a land not governed by Shari'ah have become committed to use warfare or lawful but underhanded methods to alter the form of government to a Shari'ah-dominant government over everyone, making Islam the state religion and treating all non-Muslims as third-class citizens. That explains the propensity for Muslim thugs to turn the government into a dictatorship. 

Generally, the Muslim population starts growing through immigration and missionary or proselytizating efforts, remaining peaceable and subservient to the laws of the land, but as their population grows, they request or demand the right to govern their own community affairs under Shari'ah and under the religious leadership of their clerics known as Imams.  And as their population becomes closer to a majority, Muslims engage in political activities intended to convert the government to one practicing Shari'ah over the entire land. Usually such conversion necessitates insurrection, terrorism, and out and out warfare such as we see in Afghanistan, Iraq, and Syria. 

India, the birthplace of Bhuddism, Hinduism, Jainism, and Sikhism, became an early target for Muslims.  Arab traders settled in western coastal areas in the 7th century, but invasion of Turkic-Mongols and their Muslim mughal leaders in the 12th century caused a Muslim population explosion. In time the Muslim population caused such unrest with other religious groups, principally Hindus, that the British separated coalesced India's many mughal satrapies into a fledgling nation, and then separated off Pakistan and Bangladesh as Muslim lands.  India suffers constant violence and unrest because of conflicts between Muslims and non-Muslims there.

In the 7th Century Muslims took over North Africa.  They expanded into Spain in the early 8th century and sent armies to within 90 miles of Paris before Charles-the-Hammer's forces defeated them in the Battle of Tours in 732.  Muslims ruled most of Spain until Ferdinand and Isabella expelled them in 1492, but the Spanish did not eject the last of the Muslim civilians until 1614.

In the past century, the foolish European, British, and Scandinavian governments have invited Muslims into their lands, believing they could absorb them with no damage to local culture.  The recent waves of so-called refugees contain many Islamic jihadists and terrorists bent on rape and plunder of those lands, and of course, converting the governments into Islamic oligarchies in due course.

During the years of the Ottoman Empire in the 14th through the 19th centuries, Muslim pirates and raiders from Turkey and North Africa terrorized coastlines of non-Islamic lands around the Mediterranean, the western Coast of Africa, eastern coast of South America, and as far north as Iceland.  Muslim Berber pirates became the USA's very first enemies after the US gained independence from the British monarchy. Only the power of American and European Navies finally quelled the Islamic piracy in the Mediterranean around 1830.  But Muslim pirates still represent a dire threat to voyagers near the Philippine island of Mindanao, and in the Red Sea, Gulf of Aden, the Persian Gulf, and anywhere else where Muslims predominate in the population. 

Furthermore, Islamic militants have done their best to slaughter Americans in the USA, Philippine Islands, Libya and other African nations, Iraq, Kuwait, Afghanistan, Lebanon, and Syria in the past 120 years.  The USA has suffered at least 11 serious Islamic terrorist attacks including a variety of shootings and stabbings and the devastations of the Murrah bombing in 1995, World Trade Center in 1993, and the 2001 destruction of the World Trade Center and part of the Pentagon by Muslim airplane hijackers on a suicide mission.

Islam Endangers American and Western Civilization

Thus, NO sentient, informed being can have any question whatsoever as to whether Islam is a religion or a political system with religious trappings.  It is not a mere religion.  It is a political system inseparable from its religious trappings.  And one cannot help but conclude that Islam as a political system and its Muslim adherents present a clear and present danger to the government, people, and property of the United States of America, and to Western Civilization in general.

Wherever Islam grows as a religion, intense and violent conflicts ultimately develop between Muslims and the natives.

Islam at its core has a distinctly ANTI-American nature.  Therefore its adherents should be banned from the USA forever, or until sensible governments forcibly separate the Shari'ah law and social regulation from Islam to make it into a religion of peace and good will.

The Ban on Muslim Immigration is Just

The United States Government should put Muslims in the same classification as Communists.  But it should label Islam as more dangerous owing to the deceptive nature of its religious trappings.  Both endanger the sovereignty of our nation and style of our national, state, and local governments.  Therefore, Congress should not permit them have employment in municipal, county, state, or national government, including educational institutions and the US military, and Congress should not allow them to vote in any elections.

Possibly, the US Congress can devise a method of requiring all Muslim US citizens to forswear loyalty to Shari'ah law and repudiate all Muslim requirements to obey social regulations. But until then, the US Congress should enact a law banning Muslims from immigrating, revoking the citizenship of naturalized US citizen Muslims, canceling residence permits of all alien Muslims, ejecting all alien Muslims from the USA, and putting all other Muslims in the USA, particularly their clerics and private school teachers, under continuous surveillance for evidence of subversive activities.

We should not allow our state and national leaders to ignore the lessons of history.  Islam endangers the American republic and civilization, so federal law should ban its adherents from the land.

     
Bob Hurt
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Tuesday, January 10, 2017

Obama's Farewell and My Suffrage Plan

The President's Farewell Address

Overall, I enjoyed Barack Hussein Obama's inspiring, emotional farewell address to Congress and the nation tonight.  I enjoyed his recounting of accomplishments and encouragement to others to participate in government.  Overall, I liked the speech and feel grateful to have heard it.

Obama has set an admirable standard for public manners, decorum, and humor that people of all races throughout the USA should aspire to match in their personal comportment.

I did not like his divisive references such as to the impoverished fighting for scraps while the rich wallow in money, as though government owes a better living to the impoverished without imposing any requirements upon them to demonstrate responsibility.

I did not like his reference to our nation/government as a "democracy," which I consider a vile justification for "mob rule."  I would have preferred to hear him refer to our "REPUBLIC" instead.

And I did not like his assertion that everyone should have a right to vote because he did not condition voting rights upon demonstrable responsibility.

Responsibility and Sound Suffrage

In the early days of the nation, states allowed only free white propertied men over 21 to vote. 

That was a responsibility test.  Being white was luck of the draw, but in those days most people were white and non-whites were  slaves, Indians, or Mestizos generally considered irresponsible.  Anybody who owned land or had disposable gold or silver was ipso facto responsible.  Anybody over 21 had already been working for a living or engaged in military service for several years, another element of demonstrable responsibility.   Such people had something to LOSE if government employees behaved badly.  So they could be trusted to vote wisely.

Nowadays, government lets all kinds of relatively irresponsible people vote, including  the abysmally stupid, drug and alcohol addicts, people on welfare, stay-at-home women who have no interest in government, homeless people, hopelessly indebted people, and in some areas even felons and aliens.  That is, simply, INSANE, that is what Obama wants and always wanted (so such fools would vote tax-and-spend Democrats into office), and it must change. 

The POINT.  While everyone should have some say in government, only responsible voters should sway elections.  In a related family paradigm, wise parents let children participate in the decisions of family government, but children never win when the parents' wisdom opposes them.  Children might vote for the kids to go for a joy ride in the car, but wise parents will override them and say NO, and then explain why.  That is one way parents can teach children their wisdom.

Limit Suffrage while Everybody Votes

I recoiled at the President's declaration that everyone should vote because I know that is idiotic, unless the President wants an irresponsible electorate. 

Nevertherless, I concluded that my general call for massive changes to the Constitution to limit suffrage to the responsible goes a bit overboard and ignores a fundamental truth.  People tend to care about what they have a hand in supporting and running.  Participation in government lets the stupid and criminal behave irresponsibly through their votes.  But when they have no say at all, they reason that they might as well hate and actually attack government and its ideals to get their fair share.

Therefore, I have decided to modify my call for denying suffrage to the irresponsible into a call to give limited suffrage to the irresponsible, sufficient for them to know they have a say in government, but not sufficient for them to overwhelm responsible people as they become an ever larger percentage of the population. 

I want the suffrage system to encourage people to become more responsible so that they might have more influence on government through their votes.

Thus, I recommend a system of scaled voting rights. 

Scaled Voting Rights

The least responsible and most ignorant should have the right to cast a minuscule percentage of a vote.  The most responsible and best educated should have the right to cast multiple votes or voluntarily to cast fewer votes or split his votes to cast some for one candidate or issue, and some for an opposing candidate or issue. 

A suffrage commission should study and set the scale and percentages for each level of voting rights, and establish a means of testing citizens to determine which level of voting rights they possess, and a means by which people can get a higher voting percentage by becoming better educated and demonstrating greater responsibility or by which people get lower voting rights by demonstrating less responsibility or failing to get high marks on knowledge tests. 

The most important test of knowledge should deal with the constitutions of the US and the State of domicile, followed by formal education, apprenticeships, work experience, and ad hoc education.  Since most issues upon which people vote have to do with government and civilization, people with the best educations in the ideals of good republican government and of advancement of civilization should have better voting rights.

Yes, many fights will break out over what advances and what retards civilization and what improves and what worsens government, but so what?  It needs to happen. 

Right now we have pathetic standards for voting rights. One must be a US or State citizen in most jurisdictions to vote, and must not be a felon to vote in most jurisdictions, and must not have been adjudged insane, and must be over age 18.  In time, the irresponsible will become the majority of voters, judging from immigration and procreation statistics.  We need to stiffen the suffrage standards with the scaling system.

Examples of Scaling

Here are some examples of scaling voting rights according to education alone:

  1. Minimum voting age to exercise one full right to vote should become 25 years of age, the age at which the brain becomes fully developed, and also the age by which most people will have had experience in work or military to give them some reasonable nexus to society and to government as a responsibility-bearing citizen.  Prior to that, people are too immature to take voting as seriously as a responsibility to provoke them to study the issues and Constitution and candidates.  
  2. To exercise one full right to vote one must have obtained a high school diploma with a minimum passing grade of C (70% or 2.80).  Citizens can pay for a retraining course and retake the tests to obtain higher grades and increase voting rights. 
  3. Obtaining an Associates degree would increase voting right to by .25,
  4. Bachelor's degree would increase by an additional .25,
  5. Master's degree an additional .25, and
  6. PhD, MD or equivalent an additional .25 vote.
  7. MD internship completion would add .25 vote
  8. Apprenticeship completion would add .1 vote

Instead of the above percentages of a vote added to voting rights, the single vote could be scaled down or up by a percentage factor based on marriage, legal separation, divorce, arrests, convictions, sentences, behavior in prison/jail, behavior in schools, going on or off of welfare, becoming indebted for luxuries, paying off debts, traffic and other accidents, drug and alcohol and gambling addictions, mental incompetence, being diagnosed with a mind-deficient condition (including depression), savings, investments, growth of savings and investments, constitution competence testing results, completion of marriage training, out of wedlock pregnancies, accidental pregnancies, academic performance of a voter's school age children, acts of heroism, military service including awards and type of discharge, and employment and social commendations.

Think Before You Slap

Before you slap your forehead and slam your fist on the table in outrage over my suggestion, consider that the founders of our nation gave voting rights based on DEMONSTRATIVE responsibility, and I merely recommend re-instituting, improving, and refining that tried-and-true requirement with the aid of computer technology that can track all of the above qualities of responsible citizenship. 

Remember that the electorate must improve in order for government to improve.  The scaled system rewards and encourages responsibility, competence, success, prosperity, education, wise handling of money, proper rearing of children, etc.  It improves the electorate while granting irresponsible a measure of limited opportunity to influence government, and it will thereby improve government.

Feel free to send me your comments or post them on my blog.  If you agree with the scaled suffrage system, propose it to your legislators.



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Bob Hurt
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Sunday, January 08, 2017

Julian Heicklen's Final Tyranny Fighter Report

Julian P Heicklen <jph13@psu.edu>:

I read your report (attached) and enjoyed learning about your FIJA efforts. I write to comment on some of your comments.

  1. How to beat the Chief Judge.

    1. You can beat judges who prohibit handing out flyers by attacking them in with out-of state federal judges and with citizen initiatives and legislation.  You cannot beat them by getting arrested for handing out flyers UNLESS you can bring so many people to the courthouse that the deputies/marshals cannot possibly arrest them all.  Halloween is the best day for this is Halloween because in Florida (see Florida Statutes Chapter 876) that's the one day you can lawfully wear a disguise that hides your identity.  All protestors must leave their wallet and ID card at home, of course, and refuse fingerprinting if arrested.

    2. It is not illegal to hand out flyers on public property so long as you don't harass others in the process or impede the proper functioning of the court.  Meanwhile, nobody keeps you from dropping flyers from a drone or getting people to wear informative t-shirts and magnet signs on their cars, etc.
  2. Whether to beat the Chief Judge - this issue raises the question of why judges don't want jurors to get FIJA flyers.  To get to the heart of it you must do some research and use some reasoning. 

    1. Why Gov't Stripped Juries of Powers.  I proved that the Florida Constitutions changed in the civil war era to remove the power of grand juries to investigate all felonies (now they investigate only capitol crimes), and petit juries to judge the law as well as facts, and of crime victims to prosecute crimes personally ("private prosecution").  Nothing explained why those changes happened, but common sense points to a good reason:  Negroes having voting rights.  These days U.S. Negroes have an average IQ of 85, the level needed to graduate from high school.  Thus, one half of our Negroes are too stupid to graduate.  To me that means they are too stupid to vote or sit on a jury.  The OJ Simpson murder trial proved that it makes no sense for Negroes to serve as jurors without some restrictions other than failure to have registered as a voter.  The 15th Amendment gave Negro men the right to vote, the 19th extended that right to Negro and other women, and the 26th extended it to children 18 and over. 

    2. How to fix the problem. All of those amendments were completely stupid and should never have become ratified without imposing further qualifications such as having at least a high school diploma, having passed a constitution competency test, being financially self-sufficient (not subsisting on welfare), and being of good moral and ethical character.  When judges and lawmakers discovered that hopelessly ignorant and irresponsible voters could populate juries, they stripped from "the people" much of their jury rights.  And that is why it makes no sense to buck against the judges today without first getting legislation enacted to impose upon prospective voters the obligation to prove themselves responsible, educated, law-abiding, and well-informed.  I personally believe that we have  corrupt legislatures because we have a corrupt, incompetent, ignorant, and irresponsible electorate.

  3. Deporting Mexicans and Muslims -

    1. Trump Should Do It. This would be an excellent move on Trump's part.  I refer, of course, to deporting all Muslim non-citizens, alien and otherwise, whether or not refugees, and all undocumented aliens, Mexican and otherwise.  Illegal aliens have no valid reason to be in the USA and they take jobs Americans should have.  They also encourage a black-market economy which diminishes tax revenues.  Muslims, whether peaceable or violent, constitute a grave danger to the US and its people because all Muslims support Shari'a law and want it to supplant our constitutional republic, and they all give financial support directly or indirectly to Jihadists.  SO Muslims are enemies of our constitutions.  The President should hammer Congress for legislation requiring all Muslim citizens to swear an oath disavowing loyalty and support for any form of Shari'a, and also say "Hell NO" to anchor babies, and push the legislation through  Congress to outlaw it. 

    2. Deportation Difficulty Leads to Gas Chambers? - What an idiotic notion.  The USA is not run by a Nazi government like pre WWII Germany was.   Trump's desire to deport illegal aliens and non-citizen Muslims is practical common sense and it does not compare to Hitler's deportation of Jews out of racial hatred. Federal law enforcers CAN determine the country of origin of illegal immigrants and forcibly return them.  Congress should impose upon all foreign countries the obligation to pay for the deportation costs.  Routine deportation and the difficulty thereof does not lead to gas chambers.  In the US, prison or work camps constitute a practical alternative to deportation, if the Government has the spine for it.  No matter how you cut it, undocumented entry into the US is a crime and it should be prevented, not merely prohibited, and illegal aliens should be unceremoniously tossed out of the land.Protests do not cause laws to change unless the laws are practical and morally right, or unless the government is corrupt.

  4.  Prison Populations.  The US has a lot of people in prison because it contains a lot of stupid and criminal people, and many of them chose to sell drugs for a living instead of having lawful jobs. 
    1. Stupidity. 80 Million people comprising 25% of the population are too stupid to graduate from a proper high school and gravitate to crime and welfare abuse to get by, robbing the productive in the process.  The only solution is to diminish the percentage of stupid people in the population, and the only humane ways to do that are to sterilize the stupid (because only stupid people don't know that the stupid inherit their stupidity from parents), and meanwhile to encourage the average and smart to have large broods of children.  In its effect it seems racial because many Negroes and Mestizos would get sterilized because the stupid constitute such a large percentage of their gene groups.  But that is just tough titty, so to speak.  Remember though that the stupid in the USA comprise about 35 million Caucasians, 21 million Negroes, and 24 million Mestizos, so it includes a lot of "white" people too.  Bottom line, reduce the percentage of stupid people in the population and you reduce the prison population.

    2. Drugs.  The prison populations will not reduce until street drugs become legalized and taxed at a rate high enough to discourage use and low enough to make black market dealing unprofitable.  Slamming the borders and coastlines and airways shut to immigrants, and properly inspecting inbound cargos will help prevent the smuggling of drugs into the country.
  5. Guns and the 2nd Amendment.
    1. The 2nd Amendment guarantees to "the people" the right to keep and bear arms.  "The People" includes responsible people with a nexus to government, not every human being within the borders of the USA.  "The People" does not include felons, those adjudged mentally incompetent, children under 18 (16 in Vermont), or illegal aliens.  And "arms" does not include any destructive device one might want to carry, drive, or haul around.  Congress has specifically limited the meaning of people and arms with respect to the Constitution's 2nd Amendment.

    2. It goes without saying that public officers will not intentionally set up or allow a circumstance that will encourage destruction of government through armed rebellion or insurrection.  But in fact Congress has said exactly that in laws against rebellion and insurrection.

    3. Yes, Negroes and Islamic Jihadists (agents of AlQuaeda/ISIL) across the USA have increased their boldness in the outrageous murders of Negroes, law enforcers, and innocent citizens.  Felons, other irresponsibles, and Islamic terrorists commit most of those murders. 

    4. YOU, like an IDIOT, encourage  Americans to murder judges because you think all of them are corrupt.  But you offer no reason to believe that all judges are corrupt.  I personally believe most of them try their best to do a good job, and I denounce your efforts to get judges killed.

  6. Fix the electorate and Grand Juries.  Americans should work assiduously to propose and get legislatures to enact laws heightening the requirements of education, intelligence, self-sufficiency, sanity, and lawfulness for becoming a voter. strengthening the juries by restoring jury powers, and making it easier for citizens whom judges and prosecutors have abused to report the evidence and crimes to grand juries free of influence by the courts and prosecutors.  Americans should work to reinstate private powers of prosecution of criminal defendants when US Attorneys and State Attorneys and Attorneys General refuse to prosecute those in power who should be prosecuted.
Please stay in Israel.  America doesn't want you back.

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Bob Hurt
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