Me & my speech.

Archive for the ‘constitution’ Category

The Moved- Debates Factors Info + Some BAD Info About FREE Options

Debates Factors- HAS BEEN MOVED FOR BETTER SHARING- Free Stuff is NOT as good.

I’m sorry!

The formatting with this post was messed up because the WordPress FREE option didn’t allow the classic bullet & number options that I use all the time. So I had to reform & remake a post that would read better & be less messy for viewing & understanding while still being large like it was. It contains mostly all the info from this set of pages with some modifications like taking out the bullets totally AND removing my name where it was still added from the original writing.

These are the change reasons:

Here’s a snip of how this was written for sharing by me:

From original, linked site, with the detailing shared at my previous post that was this page of info.

And this is how the FREE system varied the better, but more costly use option:

From original, linked site, with the detailing shared at my previous post that was this page of info.

I write long stuff, so having a way to separate and distinguish info without taking a lot of page space is generally my goal with writing using bullet points as well as numbers. Because numbers often have a prioritization OR a 1 through whatever aspect, I find that when the points are not being prioritized bullets are preferable to keep them distinct and notable in reading.

FREE Stuff… Hah, Hah!

This example is my experience with most FREE stuff, it’s not as good, it’s more hassle, and it’s likely to be a much higher cost in time, energy, and effort even if it’s not a greater cost in money initially.

If you go to a fair OR a carnival and get a FREE waffle, what do you get? A 1″x1″ bite size piece, if you go into a store and get a FREE sample what do you get, “a micro sized amount of the option”. FREE healthcare is not likely to be as good as what you’ve already had. For me AHC is worse than I had before the new U.S. health care came into practice. AND now there are promises of FREE college education…Hah, Hah… our education system has depreciated so much that the first whole year of college is just educating people like they used to be in high school, so that they can catch up & get a college education.

God has given us the trees, the fields, the streams, and more BUT we don’t just open up our mouths and get the value of those unless it’s air. We need to harvest, cultivate, find the food, we need to hunt, farm, fish for the meat, we need to work to get what is already given. While it’s FREE it still takes effort, energy, and work to have. The stink of the modern system is that we have healthcare promises & education promises for FREE, but I can’t expect anything much…

Look at medicare retirement benefits. Individuals have worked their whole lives and the costs and coverage varies, the values and costs also vary, and these were worked for THE ARE NOT FREE! If no one goes out to get the fruits and veggies than their are none available for others to have… there is nothing that’s just given by modern society that will be FREE.

1. About 2020 Presidential Debates: Debates Factors

Thank you for reading this info, for your information this page contains over 3,500 words…so it’s not a simple tweet OR message. More info about debates has been prepared and is linked by me here.

Debates Factors

The rules & more with debates & writing are done to assist people to have the ability to share as well as to get the time others do to share in these situations & with these events. I have read info about debates, plus has spent A LITTLE time debating, there were issues with the debates that were partially moderator faults AND partially candidate faults. This could be because all the candidates fell into the ‘it’s allowed, why don’t I’ failure.

Debates are generally prepared to bring out various opinions on important issues & matters. This isn’t a way to discuss things courteously, because it allows the various issues to be brought forth that may be hiding in the background of other aspects with issues & events. In addition it’s done to find out different aspects and opinions about issues. While I was in college there were debates on issues that had YES & NO variables, but the Presidential debates and the VP debate didn’t seem as cut and dried.

Results of the 1st Trump & Biden Debate of 2020

The results of the first debate between Trump & Biden were based on the debate styles as well as how the candidates acted in front of the audience. This is where I wish there was a debate style that was easier to follow, I got super upset and turned the channel to a non-debate share.

There are contentions about who won the debate, but I’m also wondering if Trump was suffering fever and possibly other ‘cold/ virus’ symptoms. When I am high in temperature, having a sore throat, having aching lungs, and also with high sugar there is less of a calm attitude and my actions aren’t as easy as normal because of  body suffering stress and issues.

My ONE Debate During College

While in college the debate plans were put forward months before the debates began. The issues were topics of interest with life in society. The rules were added when the debate assignments were handed out, we had weeks to prepare and to practice these with the team works.

The debate styles were expected to be kept, as part of the grade for the class, for the presidential & VP debates the people are trying to get info as well as learn more about their candidates. The debate results will be determined with the election results as long as individuals that vote remotely also make sure their votes were taken accurately, AND if the boxes aren’t stuffed with false voting.

There are different types of rules and patterns with different styles of debates. I only had one debate in college and it was one topic that she chose to support that she debated on with her team. There are various rules that were part of the team debate that weren’t part of the presidential OR vice presidential debates because those were multiple topic debates with single debaters. The classical debate, as shared by H.W. Wilson’s 1957 book, is a team debate this means the rules with Presidential and VP debates aren’t normalized.

Below are some links to debates types & rules variations, but Ten Simple Rules for Debating, by Nullus Maximus Posted on April 21, 2016 has given me a way to show how the Presidential & VP debating was performed badly. Any of the info under the heading below that’s in [square brackets] has been added by me, the links are all to the post with the title shared above.

Practical Debate Guidelines

[Debates are expressions of opinion and facts that are based on evidence as well as emotion. BUT the candidates that are parts of the debate should work to remember that they are sharing for others to learn, to find out, to know about, not for their opinions to be loved, but for their opinions to be shared with facts & perspectives that the 3rd parties can relate to & understand. These actions help others to look beyond their emotions to the aspects of issues & perspectives that can influence their participation towards the OR with the aspects under discussion.]

Ten Simple Rules for Debating, by Nullus Maximus Posted on April 21, 2016 with my comments added [in square brackets] about the 2020 debates actions and her opinions of those debate procedures:

A significant amount of my recent work has been written in response to arguments made by other libertarian thinkers. As such, the time is ripe for a guide to how this is best done. This article will take the reader through the process of an exchange of ideas from start to finish, and explain my ten simple rules for debating. Those who follow these rules are guaranteed to become more successful debaters, as well as less stressed and overworked.

  1. Pick your battles. While a person of little renown may have enough time to engage with whomever one pleases at whatever length one desires, people who have less time to spend engaging in debates must choose which opponents to engage and which to ignore, as well as how long to engage each opponent. It is best to have a consistent rubric for this, which will be discussed further in rules 2 and 9.

[For every moderator question multiple topic areas are brought up, notes can be taken, and answers to those topics can be shifted, BUT the audience is the focus of this sharing and the reason info is shared.]

2. Engage only those worthy of being engaged. Some people are capable of maintaining a rational discourse, while other people cannot seem to communicate without resorting to personal attacks, profanity, threats, and other such uncivil behavior.

[Taking issue with the personal insults is stupid, for the debating unless the attack is a focus of the issues, it’s better to bring the issues to the fore & keep those as focus for the answers. The more time Trump says “and you Mr. Biden OR Biden says, “and you President Trump” are seconds being wasted in contending things that may not be worthy of commenting on.]

Some people have interesting and novel insights, while other people insist upon bringing up points which have been refuted a thousand times.

[Previously refuted issues and more can be prepared for, with info links, like the Presidential website OR Biden’s site with facts that can be mentioned as check the facts info, with the facts summarized if they are pertinent for the topics. Care is needed to not make the debates boring though.]

Some people are experts in the fields of which they speak, while other people do not stick to their lasts. Some people make the effort to properly support an argument, while other people Gish gallop. A person’s behavior in this regard is a strong indicator of whether that person is worthy of one’s attention.

[The debate facts and comments should be based on what is pertinent with the issues and the results of those issues. For instance when it comes to climate control, which Harris & Pence discussed, there is the issue of the California Wildfires partially built because of the lack of forest management. In addition there are issues raised with how Biden plans to raise taxes & cut Trump tax cuts supported by Harris, Senator of CA. A State that’s the most in debt for the whole nation.]

Note that other debaters will judge you by a similar standard, so be the kind of person that someone else would be willing to debate.

[This is Trump’s last time going for President, Biden is also likely to suffer such severe Alzheimer’s that he won’t be debating as a presidential candidate again. But the candidates are ALL planning to work as representatives for the U.S. in the coming 4 years, so who are they going to be for us the people of the nation? So this isn’t an issue of the other future debaters, this is an issue about how the American people will percieve their candidates with the upcoming elections.]

3. Do your research. If you know a topic in great detail, you will be more able to counter any argument your opponent may make.

An uninformed debater is an incompetent debater.

An unprepared debater is a sloppy debater.

Also, make sure that the sources you study are reliable.

[Accurately quoted information, like “210,000 Corona Deaths” with the Corona death reports being faked with flu, pneumonia, bronchitis, & other deaths being added to the Corona death reports as shared by Senator Harris on 10/7/20 are ‘presently determined’ as facts, may be contention issues that aren’t a value to contend with a debate.]

If the opponent is competent, a misinformed debater will be an embarrassed debater.

[Argumentative debaters often have little fact to back up their shares, they can win if they bring up issues that cause arguments that actually don’t discuss issues that they are ignorant of OR have no info about, but smart debaters who have no facts are also likely to prepare to be contentious enough to cause arguments and side track the opponent debaters.]

4. Do not [speak] to convince the opponent; [SPEAK] TO CONVINCE A THIRD PARTY. In many cases, a person worthy of being engaged will be firmly entrenched in a position, and it may even be against the nature of the format for your opponent to come over to your side. Focus instead on convincing the audience, whether they be people watching a live debate or reading a correspondence. This methodology is stated explicitly in some debate formats, but it is sound strategy regardless.

[At times debates can utilize visuals also, but this is dependent on the debate rules and more. With any debate that gets read like Presidential Debate transcripts may be, there’s a need to remember that many will read some of the info, so what info is shared that’s worth reading? If there were visuals for the presidential debates OR other debates there is also a need to make sure the visuals aren’t time wasters NOR are they hard to understand, AND they should also be verifiable for the audiences.

For my one college debate, in 2013, about the put into law ACA, U.S. healthcare law, which I was against, I used the photo image of the new healthcare law mass from Senator McConnell’s office & Steve Hayward, of Obamacare regs, which is now removed from this link & then the 11,000 info with the line by Rhapsodie based on an approximate mass versus the  real size of the U.S. Constitution.

The team used some images, but like good shares we controlled those, AND we also took the time to prepare specified shares so the focus was on what we talked about not the visuals which were only backup supporting what we were talking about.

Also, UNLIKE the presidential debates my debate was done with a team against another team supporting the opposite of the issue.

This meant that we had a lot of time for a single topic, we also had this as part of our class, which meant how we followed the debate rules impacted the grade results with our debating, so there wasn’t the over speak allowed unless we wanted to reduce our grades.]

5. Base your arguments upon logic (logos), not emotion (pathos) or authority (ethos). A debate is properly won by using reason and evidence to demonstrate that one’s position is superior to that of one’s opponent.

Detouring into appeals to emotion can help one connect with the audience or provoke an opponent into a misstep, BUT this does NOT advance one’s case in a rigorous manner [unless it’s driving into the point of the topic being discussed OR the issues working to be shared].

Appealing to the authority of oneself or someone else can dissuade a weak opponent or convince a less intelligent audience, but attempting this against a strong opponent in front of a knowledgeable audience is a recipe for disaster.

[For example with my college debate, with the team against the national healthcare, I could have used information of my own life, BUT as a team member my focus was on an aspect of the topic NOT all the aspects of the topic. With the topic I worked to share the aspect of this issue that were likely more relatable by others. The legal aspects which was part of my debate is a lot smaller than the multiple issues the Presidential Debates are contending.]

6. Relentlessly attack logical fallacies and weak arguments. It is important to [figure] out every shortcoming that you can find in your opponent’s case. Doing so will make you more skilled in identifying logical fallacies & weak arguments, [pointing these out]… means that opponents will be less able to get away with sloppy reasoning in future debates. [This will also support your arguments more.]

Do not worry about being pedantic; your job is to find all weaknesses in your opponent’s case & illuminate them to make your case appear stronger by comparison. [But you need to take care that the contentions aren’t boring the audience. The topic focus & issues that are contended can be multitudinous, that’s why note taking is so important. That’s also why taking the time to find the focuses, practice the issues debating with various types of personal opponents who aren’t on stage contenders, plus also possibly also summarizing additional info that’s not focus, can assist in leading the sharing.

Instead of just saying,  “You are wrong about…” OR wasting time in contentious words, taking the time to make sure to share “the facts about…” then sharing those, can reduce time waste as well as make more points supporting your sharing.]

7. Focus on the task at hand. A debate can easily go off track, especially if the subject matter is wide, deep, or both. Avoid making arguments that neither support your case nor attack your opponent’s case. Only go into the weeds if your opponent takes you there [and staying there is a necessity]; the person who begins the foray into many different minutiae is usually running out of solid logic and evidence.

[The task of the debate is harder to focus on if an individual is so involved in it OR so emotional about it, but it’s also a reason they should be more prepared to support their sharing well for others who aren’t as involved OR impacted with the issues.

If a person is mowing their lawn and trimming their hedge that’s the focus, if they go to the field because there’s a pretty flower OR a dead tree to take care of, the lawn work isn’t getting done and the field work is off topic at this time. The pretty flower OR the dead tree can be ‘works’ planned OR done later…BUT they will take time from the present task. If George takes Mary to the field to discuss the tree, they are both not on the lawn…It may be good if Mary can say to George, “That’s not the focus now, here’s what’s being discussed…”, BUT at times the issue is so important it should be discussed. Like if the dead tree threatened the yard walk.]

8. Destroy arguments, not people. Be respectful of your [audience, so] at least be as respectful of your opponent as he or she is of you[, or be as respectful of them as you would the audience]. Resorting to personal attacks (or escalating them if they are already in use) is a refuge of a person with weak arguments, and it will make people less willing to consider your case on its merits. Remember, your job is to defeat your opponent’s arguments, not his or her character.

[A debater that falls to the attacking actions of their opponent actually fails in their debating. An issue with the candidate debates is that the candidates are suffering personal attacks because of personal stands and personal issues. These Presidential debates should be about the Presidential position BUT attacks on Trump through the last years are continuing with the debates.]

9. Know when to quit.

There comes a point in every debate at which further discussion has diminishing returns or even becomes completely pointless. It is important to learn to identify that point and stop there.

Sometimes this will be clear; an opponent may even announce that a particular round will be his or her closing argument. If this happens, respond with a closing argument of your own and be finished; do not repeatedly pummel the opponent after he or she has left the debate.

This may also be the case in a timed or response-limited debate, in which case one should abide by the rules of the format.

[This should be considered more with the future Presidential debates, because many people are only getting media otherwise, so the facts that are shared about the issues for Americans are super pertinent to share & discuss.]

In other cases, it will be a matter of personal judgment to decide to walk away from a debate.

[A really difficult issue with the Presidential debates is the bias of the moderators, which means they are driving towards points and issues that they hold and want answers to. This is difficult because:

        1. They have their own political opinions [they would have to be dead not to have an opinion].
        2. There are multiple sides to every question & how it’s presented;

These topics have been so complicated the issues can’t be shown as headers for viewers to know what the queries were, this also likely means the candidates aren’t given a clear enough query to debate.

The topics have so much preceding info, that they influence the question and what it is. While some info is useful, the opinions expressed by the moderators take the info out of debate and into discussion.

Point 10 follows below, after the Debate Query Examples.

Debate Query Examples

For BAD examples are non-debate queries NOT debate queries which have sides:

What are your opinions on how the opposition has handled Corona Virus’ issues?

What has your party done against Corona Virus?

What do you say about how the protests are being handled in Chicago?

What are the issues with the facts about Corona Virus as are being reported?]

Instead debate queries which have sides, should have ways that the sides can each be distinguished, these were some of the 2013 debate issues that were discussed in my Business Ethics class at Alfred State College under Professor Damrath:

Does the Obama Health Care System benefit the Americans?

Should Recreational Drugs be Legalized

Should illegal aliens be granted amnesty

Is Employer Monitoring Email Justified

Plus others

The debates with unclear queries, issues that are only parts of the debates that have been avoided by the moderators. The topics should educate and inform the audiences, while the actions of the debaters can also educate and inform the audiences those can also cause audience members to act like I did.

I was so upset with the early part of the first presidential debate she shifted the channel. Because of making notes with the VP debate and because of wanting to learn about Harris, I continued through the debate. At least taking the time to type out notes kept me from getting too upset about the lack of info that was really shared.]

Finally the LAST of the Ten Simple Rules for Debating

by Nullus Maximus Posted on April 21, 2016 with Rhapsodie’s comments added about the 2020 debates actions

10. Handle both defeat and victory appropriately. No one likes a sore loser or a bad winner.

If you lose a debate, reflect on how and why you lost. Then, take the necessary steps to avoid losing in the same manner in a future debate. This may involve more study of the debate topic, [especially if it’s one that will arise again,] reviewing logical fallacies, or even changing one’s position on an issue.

If you win, do not gloat or boast. Accept victory graciously, then check your discourse for arguments that could have been stronger or presented more effectively.]

My Conclusion

Each presidential & VP debate is a chance to show the American people who their candidates are AND how they respond to conflicting opinions & plans. I’m concerned about this election because I fear democrats will stuff the polls with false votes. So, with the VP debate,

I’m glad Pence didn’t answer the hand over question, if President Trump steps down because there are stuffed votes it would mean liars will be in office and we will all be dropped into the shit. If Trump steps down because there are factual votes, then our people have made their choice for Biden. If Biden/Harris contend the votes for Trump/Pence, then I’ll be happy the election processes were done mostly correctly.

I’m glad to learn that Harris is a Senator from California, it gives me more research ability & info about her.

The copied info article has ended before here as shared above. After beginning the info with my words above in [square] quotes until the end of quoting another author now are just my additions. Thank you for reading this info, I’m sorry that the original post was messed up the FREE service is in no way as good as the paid service I previously utilized.

#11- About Government & Regulation vs. LOVE & Freedom

The “U.S. Constitution has been shared in some slight degree with the recent posts here, but so have contentions about the government and how it’s regulations diverge from the “Constitution”.  Because of this please remember that the theme of that document defines the purpose of the regulations in that document:

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote [get behind, boost, not make] the general welfare, and secure [fortify, preserve, assure, (Webster’s New World Thesaurus, 1990)]] the blessings of liberty [the rights supposedly natural to man- freedom; independence; power of choice, (Webster’s New World Thesaurus, 1990)] to ourselves and our posterity [our children’s future, our descendant’s future, (Webster’s New World Thesaurus, 1990)], do ordain and establish this Constitution for the United States of America.”

A document prepared by men of faith, that to a degree professed a belief in God’s hand in this government and who worked, in Rhapsodie’s opinion towards LOVE.  There are multiple comments shared with the statements of previous posts, but it’s always important to remember and connect the theme of the “U. S. Constitution to the articles & sections of the “U.S. Constitution” with interpretations of it.

Take for example how the Commerce Clause interpretation, from the Constitutional definition, has affected freedom and LOVE while increasing the power of the dollar and the government.  The clause is constitutionalized under stare decisis because the Supreme Court made this judgement in interpretation, in 1832 the federal government is now empowered to control all commerce in the United States, unless they determine that there is an unsubstantial effect to interstate commerce with a business.

Rhapsodie has read multiple legal cases that cause her to see this as bad, not good for the free people in the United States. “In 1942, for example, the Supreme Court held that wheat production by an individual farmer intended wholly for consumption on his own farm was subject to federal regulation.” (Clarkson, 2012) How would an individual’s consumption of wheat raised on his own land, in his own state for eating by his own family cause ANY problem with interstate trade? Oh, maybe it would mean he wouldn’t buy wheat from another state, but he could buy wheat from his own state anyway, so this interpretation has led to federal regulation, not freedom for the people.

While the commerce clause interpretation could have legitimate value and purpose, the 175, size 6 font, double column, text book sized, pages of the U.C.C. (Uniform Commercial Code) is just a section of the law used to control people by business in the United States and this controlling effects the Native American peoples also. It’s not based on freedom and lLOVE it’s based on control and maximization of money in controlling. The blessings of liberty are actually minimized with these laws; the general welfare of the public is diminished by capturing souls in the cost of life with national healthcare and its minimization of the people’s control of their own lives.

This short dissertation shows how the actions that don’t demonstrate LOVE can fail, and since “LOVE never fails” there’s a need to make sure all regulations and control systems are done with a base of LOVE instead of Selfish Pride. The theme for the whole “United States Constitution shows that these shared aspects of control are unconstitutional and ungodly, at least in accord with Rhapsodie’s interpretations. But her sharing here is only based on a limited examination of the history of the United States and the definitions of this country. There is more for you to see, so read even if you decide to disagree.

READ MORE:

#10- About Government & Regulation vs. LOVE & Freedom

On her opinion that neither the Executive Branch, the president of the U.S., or the Legislative branch would have any rights in altering the laws of a people viewed as individual nations. They also shouldn’t have any right to diminish freedom of all because of the fear of a few. There may have been alterations to the regulations or laws in accord with the Native American’s, but they aren’t Constitutional amendments.  There are also more present discrepancies, with regards to present law and regulations in the United States versus Constitutional definitions. Let’s start with defining property, isn’t it possession that is not another’s?

Land, money, furniture any property can be undermined by diminished wealth, if the value of the money I make at work is minimized by the government, because of National Health Care, then why should I work for any extra? If I pay for everyone else’s health care with the work I do, why should I work at all? If the freedom I was promised from the property and prosperity I gain is given to others why should I continue to care about life or other’s lives? Versus the Puritan work ethic, which endures in the North East of the United States, and in Rhapsodie’s opinion, which empowers a person who works to the value of the work done, the money gained growing freedom’s power with the knowledge of the value shared with the world versus the government regulations have taken the empowerment away from the people.

  • Article II, section 3 [The President, of the United States,] shall from time to time give to the Congress information of the state of the union, and recommend [give advice in regards] to their consideration such measures as he shall judge necessary and expedient; . . .
  • Article II, section 9 The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited [there is no approval mentioned] by the Congress prior to the year one thousand eight hundred and eight [1808], but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. . . {No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.}5
  • Article II, section 8 The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States [the nation, not the individualized people]; but all duties, imposts and excises shall be uniform [as in the SAME] throughout the United States; . . . To establish a uniform [the SAME] rule of naturalization . . .
  • Article II, section 6 The Senators and Representatives shall receive a . . . compensation for their services, to be ascertained by law, and paid out of the treasury of the United States.
  • Article I, section 8 The Congress shall have Power . . . To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, [shared in section 8 ONLY] and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Which to Rhapsodie means in accord with the theme of the whole constitution, “We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote [get behind, boost, not make] the general welfare, and secure [fortify, preserve, assure, (Webster’s New World Thesaurus, 1990)]] the blessings of liberty [the rights supposedly natural to man- freedom; independence; power of choice, (Webster’s New World Thesaurus, 1990)] to ourselves and our posterity [our children’s future, our descendant’s future, (Webster’s New World Thesaurus, 1990)], do ordain and establish this Constitution for the United States of America.

Not for the judicial, legislative, or executive governors of this country, but for the people of this land now and into the future.

  • Article I, section 8 To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;” which was in 1824 interpreted, by the Supreme Court with a controlling and freedom diminishing definition. “The Court ruled that commerce within the states could also be regulated by national government as long as commerce substantially affected commerce involving more than one state.” (Clarkson, 2012)
READ MORE:

#09- About Government & Regulation vs. LOVE & Freedom

For Rhapsodie the theme of the “U.S. Constitution” hasn’t been followed with regards to actions done with the people of this country.

This theme, should infiltrate every interpretation of Constitutional law designation.  “We the people of the United States, in order to form a more perfect union [a union is a connection, not a separation], establish justice, insure domestic tranquility , provide for the common [accepted] defense, promote [get behind, boost, not make] the general welfare, and secure [fortify, preserve, assure, (Webster’s New World Thesaurus, 1990)]] the blessings of liberty [the rights supposedly natural to man- freedom; independence; power of choice, (Webster’s New World Thesaurus, 1990)] to ourselves and our posterity [our children’s future, our descendant’s future, (Webster’s New World Thesaurus, 1990)], do ordain and establish this Constitution for the United States of America.”

According to Rhapsodie this was shared, not for the judicial, legislative, or executive governors of this country, but for the people of this land now and into the futureThe Bureau of Indian Affairs continues to handle the difficult task of caring for people within this country that are of another nation, previous posts showed how there were failures in the past.

  • Because the Constitution vested the Legislative Branch with plenary power over Indian Affairs, states have no authority over tribal governments unless expressly authorized by Congress. While federally recognized tribes generally are not subordinate to states, they can have a government-to-government relationship with these other sovereigns, [to a very limited extent] as well. 
  •  They can also become citizens of their tribes or villages as enrolled tribal members.
  •  American Indians and Alaska Natives have the same rights as other citizens to hold public office. 
  • Over one-half of the total U.S. American Indian and Alaska Native population now live away from their tribal lands. 
  • However, most return home to
    • visit relatives;
    • attend family gatherings and celebrations;
    • participate in religious, cultural, or community activities;
    • work for their tribal governments;
    • operate businesses;
    • vote in tribal elections or run for tribal office;
    • retire; or
    • to be buried.

But the present government still adds regulations to the life of citizens that will probably cause problems for the future posterity of this country’s people.   When examining the Constitution you can see how freedom based on equality and LOVE was shared, in accord with the writer’s understanding of LOVE and the principles established in the law of the Iroquois & 5 Nations.

  • Article IV, section 4 provides that “[t]he United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic [internal against the country] violence.” Or against violence from the federal government against the State.
  •  Article IV, section 2 The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
  •  Article III, section 2 The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; . . . In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction.

See how reading this section in correspondence with the information about Native American peoples and Congress above effects Rhapsodie with sorrow.  But there is hope because we are a people that can still use the Constitutional freedom’s given us by our ancestors to have more freedom with more responsibility.

READ MORE:

#08- About Government & Regulation vs. LOVE & Freedom

What European American’s value is land, what Native American’s valued was land but a free land understood and used by nations in regards with the needs of the tribe. Now that Native American’s are provided land of reservations, often the poorest and most unfriendly areas, there is limited reason to see value in what is held.

Original Native American’s did possess the land, but in accord with Forbes online article of December 13, 2011, Why Are Indian Reservations So Poor? A Look At The Bottom 1%:

Prosperity is built on property rights, and reservations often have neither [prosperity or property rights]. They’re a demonstration of what happens when property rights are weak or non-existent. . . It’s a look that’s common worldwide, wherever secure property rights are lacking—much of Africa and South America, inner city housing projects and rent-controlled apartment buildings in the U.S., Indian reservations.

Property of land is a key in feeling a connection to life and driving values for people.

Historically, most of today’s federally recognized tribes received federal recognition status through treaties, acts of Congress, presidential executive orders or other federal administrative actions, or federal court decisions.  The Bureau of Indian Affairs for the United States shares details about policies and procedures of the U.S. government in regards to Native Americans.

  • In 1978, the Interior Department issued regulations governing the Federal Acknowledgment Process (FAP) to handle requests for federal recognition from Indian groups whose character and history varied widely in a uniform manner.  These regulations – 25 C.F.R. Part 83 – were revised in 1994 and are still in effect.
  • Also in 1994, Congress enacted Public Law 103-454, the Federally Recognized Indian Tribe List Act (108 Stat. 4791, 4792), which formally established three ways in which an Indian group may become federally recognized:
    • By Act of Congress,
    • By the administrative procedures under 25 C.F.R. Part 83, or
    • By decision of a United States court.
  • However, a tribe whose relationship with the United States has been expressly terminated by Congress may not use the Federal Acknowledgment Process.  Only Congress can restore federal recognition to a “terminated” tribe.
    • The Federally Recognized Indian Tribe List Act also requires the Secretary of the Interior to publish annually a list of the federally recognized tribes in the Federal Register
  • According to the U.S. Bureau of the Census, the estimated population of American Indians and Alaska Natives, including those of more than one race, as of July 1, 2007, was 4.5 million, or 1.5 per cent of the total U.S. population.  In the BIA’s 2005 American Indian Population and Labor Force Report, the latest available, the total number of enrolled members of the (then) 561 federally recognized tribes was shown to be less than half the Census number, or 1,978,099.
  • American Indians and Alaska Natives are citizens of the United States and of the individual states, counties, cities, and towns where they reside. 
  • The relationship between federally recognized tribes and the United States is one between sovereigns, i.e., between a government and a government. This “government-to-government” principle, which is grounded in the United States Constitution, has helped to shape the long history of relations between the federal government and these tribal nations.

Ah, but Rhapsodie’s limited research is proving a different fact. The Native American tribes are being treated as states without power away from U.S. federal government control. And while the Civil War was started over States Rights, Rhapsodie is afraid to share these words, because of incorrect interpretations of constitutional privileges by the U.S. government. Oh, wait a moment the U.S. Constitution is being trashed anyway.

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#07- About Government & Regulation vs. LOVE & Freedom

The “Constitution of the United States was written in regards to protect the people from the problems of the past and problems that the past shows could return again in the future. Problems like tyrants, minimal Upper Class controlling, taxing, and defining law and huge Lower Class living under control, without freedom, without choice were to a great degree taken away. “There will still be the poor among you,” were words shared with the nation of Israel, but LOVE as a guide and direction to remember the poor by leaving food for gathering was done. The food was to be gathered by the poor, it was to be worked for by the poor, this legal provision was made so that there was provision in this world not only for the people but also for the growth of LOVE.  According to BIA.gov:

Congress ended treaty-making with Indian tribes in 1871.  Since then, relations with Indian groups have been formalized and/or codified by Congressional acts, Executive Orders, and Executive Agreements.

  • [In Rhapsodie’s opinion, defining Native American Tribes as American states, not individual nations.]
  • In addition, American Indians and Alaska Natives can access education, health, welfare, and other social service programs available to all citizens, if they are eligible.
    • [So if the US government doesn’t recognize the tribe as Native American, the people aren’t eligible for the provisions in this section.]
  • Limitations on inherent tribal powers of self-government are few, but do include the same limitations applicable to states, e.g., neither tribes nor states have the power to make war, engage in foreign relations, or print and issue currency.

But none of this includes the original tribal freedom associated with lack of boundaries for the Native American peoples..

  • [The 1824 precedent case defining a word in the U.S. Constitution, can also control all commerce in Native American lands that happens between the people and the surrounding U.S. controlled lands, to such a degree that the States of the land decide how interactive business is done on the Native American lands. (Clarkson, 2012)]
  • [And if the federal government doesn’t recognize a tribe they may also not have an identity as American citizens, but they may, more research is necessary for this point.]

The fact that there is so much control, by the government of the U.S. that the Native American peoples have to go through the United States Government to be defined as a tribe or a people with inherit rights of the people is really unloving. Again according to the words at BIA.gov:

  • Article 1, Section 8 of the United States Constitution vests Congress, and by extension the Executive and Judicial branches of our government, with the authority to engage in relations with the tribes, thereby firmly placing tribes within the constitutional fabric of our nation.
  • That is, a tribe that has a government-to-government relationshipand a special trust relationship with the United States.
  •  These special trust and government-to-government relationships entail certain legally enforceable obligations and responsibilities on the part of the United States to persons who are enrolled members of such tribes. 
  • Eligibility requirements for federal services will differ from program to program.
  • Likewise, the eligibility criteria for enrollment (or membership) in a tribe will differ from tribe to tribe.
  • federally recognized tribe is an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs.
  • Furthermore, federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty) and are entitled to receive certain federal benefits, services, and protections because of their special relationship with the United States.  At present, there are 566 federally recognized American Indian and Alaska Native tribes and village.

More also needs to be understood, and further words should incite all United States Citizens to drive for the Constitution with LOVING interpretation.

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#06- About Government & Regulation vs. LOVE & Freedom

Circumstances of the past always effect the present, but the mind and heart of each individual is not their parents or their grandparents. Mr. Means fighting for native American rights tried to share his life of meaning and value for his people and for the world in which he lived. He did more than speak out about his people, according to the multiple comments at Russell Means Freedom website. “His value for the Native American people and their own history was aptly demonstrated with a principle goal[with] the establishment of a “Total Immersion School”, [PDF Link for T.R.E.A.T.Y. Strategic Planning Power Point Download] . . . , where children are immersed in the language, culture, science, music and storytelling of their own people.

His death on October 22, 2012 limited his fight for his people, but Rhapsodie sees more need in following the established principles of LOVE based on freedom that’s already been shared with the “Constitution of the United States” without any alterations that aren’t original amendments but are, in her opinion, most probably “changed for light and transient [not needs, just passing by, not remaining] causes.” [Declaration of Independence, 1976]

The Health Care Law recently instituted can be viewed as good and bad by different people depending on their lives and their situations. But Rhapsodie as an American, diabetic since the age of five finds that the freedom lost with the money being taken to care for a nation of people is just as bad as the financial control of other nations on states of the United States during the time of the “Articles of Confederation.

Comparison of the actions of the U.S. government with the Native American people was originally organized because they were to be nation states within the United States, but the government continues to alter and change, research on Mr. Means website caused me to question the reason people would stay in areas like the Lakota reservations. More research adds value to the facts located at BIA.gov:

  • From 1778 to 1871, the United States’ relations with individual American Indian nations indigenous to what is now the U.S. were defined and conducted largely through the treaty-making process.
    • These “contracts among nations” recognized and established unique sets of rights, benefits, and conditions for the treaty-making tribes who agreed to cede of millions of acres of their homelands to the United States and accept its protection. 
  • Like other treaty obligations of the United States, Indian treaties are considered to be “the supreme law of the land,” and they are the foundation upon which federal Indian law and the federal Indian trust relationship is based. [ . . . .T]here is no single federal or tribal criterion or standard that establishes a person’s identity as American Indian or Alaska Native.
  • The rights, protections, and services provided by the United States to individual American Indians and Alaska Natives flow not from a person’s identity as such in an ethnological sense, but because he or she is a member of a federally recognized.
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#05- About Government & Regulation vs. LOVE & Freedom

People in power with the proper respect of responsibility are allowing freedom to live, which means other people will act on their own intentions. FREEDOM IS CHAOTIC, so what has happened to the Native American’s could happen again. FREEDOM IS UNORGANIZED, and with the short 70 or 80 years of life we all have presently, organization is key in keeping life understood. FREEDOM IS LOVING and Godly LOVE can be defined for following, from 1 Corinthians 13: 4- 8a, here:

LOVE is long-suffering and kind. LOVE is not jealous, it does not brag, does not get puffed up. Does not behave [vilely and evilly], does not [focus on] its own interests, does not become provoked. It does not keep account of the injury. It does not rejoice over unrighteousness, but it rejoices with truth. It bears all things, believes all things, hopes all things, endures all things. LOVE never fails!

Using the living aspects of love in contrast with the self-serving aspects of pride we can draw comparisons for ourselves and our actions.

Selfish Pride is impatient and brutal. Selfish Pride is not trusting, it does not apologize, does not get true humility. Does not behave honorably and worthily, does not watch out for others interests, does not stay concerned. It does not forget incidents of mistake or offense. It does not rejoice over true justice, true nobility, and true fairness, but it rejoices with deception and falsehood. It drags all things, suspects all things, doubts all things, weakens all things. Selfish Pride always fails!

The contrasts between selfish pride and LOVE are distinguishing, but as we all know every person created needs to grow to develop both physically and personably as does every nation of people. To condemn a person of the present for the actions of similar, not the same, people in the past doesn’t allow that person the freedom to become who they are going to be.

For the present people of the United States including all Native American peoples fighting to keep the “Constitution of the United States for value in the present world, and this begins with reading that document and fighting to keep those rights as defined with the theme and its variable factors. Beyond that is the need to demonstrate LOVE as chief, George W. Harkins, of the Choctaw tribe did in 1832 with his letter to the American people. His fear for his people, and the other Native American’s was demonstrated as was his concern and care for the world in which he lived. Even if people like Mr. Harkins suffered with the fear grown from Selfish Pride, is an American example, our people should all learn how to LOVE properly in accord with circumstances in life.

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#04- About Government & Regulation vs. LOVE & Freedom

When you think of government what are you thinking of? Is it the laws, the regulations, the ordinances or is it the people with titles in positions of power? Government is a combination of all things controlling or governing a people. And the writers of the Articles of Confederation showed this.

What are the Articles of Confederation?

After considerable debate and alteration, the Articles of Confederation were adopted by the Continental Congress on November 15, 1777. This document served as the United States’ first constitution, and was in force from March 1, 1781, until 1789 when the present day Constitution went into effect.

What do these say of value for our consideration, we have a different constitution? A summary from Our Documents.gov shares a summary of problem focus for this government document:

The Dickinson Draft of the Articles of Confederation named the Confederation “the United States of America,” provided for a Congress with representation based on population, and gave to the national government all powers not designated to the states. . . . In this “first constitution of the United States” each state retained “every Power…which is not by this confederation expressly delegated to the United States,” and each state had one vote in Congress. Instead of forming a strong national government, the states entered into “…a firm league of friendship with each other…”

The Articles of Confederation failed to a small degree, the States freedom “allowed space for attack by foreign powers through attributed financial weaknesses, increased with extra-ordinate loan interest rates with funds shared by foreign governments with individual States, and increasingly greater population growth” which effected federal government power among the nations in the world. [Dr. Colomaio, 2013] The control of funds by people or nations affects the value of other people or nations. While the actions of European Americans towards the Native Americans happened because of selfish pride, which is a fault of any who don’t practice Godly LOVE. People in power often fail to remember their responsibility towards others because of the large extent of privileges they have gained. Some of these people act with the best of intentions, but find that with time their great intentions are twisted.

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