Tuesday, May 19, 2020

Is Lockdown Without Compensation Unconstitutional?



Lockdown without compensation  violates the spirit if  not the letter of the Fifth Amendment provision: "nor shall private property be taken for public use, without just compensation."

The lockdown may not involve government  permanently taking possession of property as is usually the case, but the action deprives the owner of the right  to use the property  to  generate
income which  in effect  is the. same situation.   States have been compensating  owners  of property commandeered for use  to treat COVID-19 patientsStates   should be compensating  owners  of lockdown  property.             

F
irefighters may  construct firebreak to  stop a major wildfire.   They will burn  off a strip of vegetation  ahead of the  fire so the  fire will stop when it reaches the break.

The states have been using closed businesses as "virus breaks" because the  virus cannot  move through   empty  spaces.   By taking  private property for public use as "virus breaks" states are obligated to compensate the property owners.  

States probably won't compensate the property owners  unless  property owners can use class action lawsuits to  get the courts to order compensation.   Alternatively property owners might ask President Donald Trump to require   states  to first  use any new virus assistance to compensate the property owners.

Friday, May 15, 2020

No, Rev. Graham, Jesus Wouldn't Do It This Way


Rev.Franklin Graham and more than 300 other religious leaders want "assurance they won't be sued if a congregant contracts the coronavirus" during a  religious service .  Christians  should eliminate any reason for the courts to become involved by establishing an insurance program to assist church goers who believe they have contracted the coronavirus during a  religious service

Jesus would have healed anyone who caught a  virus while He was preaching.  Although preachers cannot heal the way Jesus did, they can raise money charge pay doctors who can heal.  .  During the current pandemic, religious organizations  could combine their  resources to assist such patients.  Organizations that operate hospitals  could treat such patients at no  charge to them.  Most other organizations would help raise funds.

The  degree of  risk of being infected  during a  religious service is unimportant.  Congress should exempt religious organizations  that help COVID-19 patients from court interference.

Monday, May 11, 2020

Vladimir Putin's 2016 Election Mischief Continues to Disrupt American Politics

Vladimir Putin's 2016 Election Mischief  Continues to Disrupt American Politics

There is no evidence that Russian President Vladimir Putin is a master at the board game called "chess", but he is a grand master at a real life version of the game.

In 2016. he began an operation to discredit the American system of elections.   He took advantage of the basic stupidity of many American politicians and journalists to create the delusion that he had colluded with Donald Trump to affect the presidential election.

Putin was a Lieutenant Colonel in the KGB, the highly effective Soviet Secret Police.  If  the Russians had been trying to elect Trump, any Russian contact with the Trump campaign would have been done in secret to avoid detection.  Putin is intelligent enough to know that some Americans would vote against a candidate favored by Russia.

Putin had Russians meet with Trump campaigners to set Trump up for a collusion charge in the event Trump won.  I became suspicious of the real purpose of  one meeting because a tv news story sounded like someone might have coordinated the meeting with the Department of Justice.  The discovery of the meeting seemed too  easy.  I'm not a fan of Putin, but I respect his intelligence.  He would not have used people so unprofessional that they would be caught while engaged in what  should have been a secret operation.

Putting people in apparently compromising situations  is an old KGB tactic that the KGB used to blackmail  people into cooperating with the KGB such as by providing access to information.    The Russian contact with Trump campaigners is a variation on this tactic with the goal simply being to frame people in Trump's campaign.

I doubt that Putin wanted either Hillary Clinton or Donald Trump to be President  of  the United States.   In 2016 Putin  likely thought the best outcome would be a discredited American election especially if the winner would be forced out of office.  .  Putin had been criticized for his  conduction of presidential    elections.   Creating a scandal about an American presidential election might prevent unfavorable comparison of Russian elections to American elections particularly if Putin could claim the "American Secret Police" rejected the candidate voters wanted. 

Putin is certainly aware of how much the Soviet Union had benefited  from the Watergate controversy.  The fall of Richard Nixon  was followed by the fall of U.S. backed governments in Vietnam and Iran.  The  Soviet Union was able to take advantage of the weakened American presidency to invade Afghanistan.   

Putin obviously wasn't trying to help Trump win.   If  Putin had wanted to help Trump win Putin would have had actual or forged Clinton incriminating Libya emails. 

If Putin has any derogatory information about Hillary Clinton, he will probably keep it secret unless she is elected president.

This farce has gone on long enough.   Congress and President Trump  need to concentrate on the real problems our nation faces. 

Friday, May 8, 2020

Is the Bill of Rights a Bad Joke? pt. 1

The Founding Fathers wisely added the Bill of Rights to the Constitution to explicitly prohibit Government from doing  things it isn't authorized to do.

The First Amendment to the United States Constitution  is one of the  most important provisions:  "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."

  The Constitution doesn't authorize using a pandemic to prohibit the free exercise of religion or to abridge "the right of the people peaceably to assemble."  Government officials who take either action are breaking the law.  

Government officials should treat COVID-19 measures as suggested guidelines rather than  rigid rules which  must be obeyed. We should accept that  there will always be a few who don't want to go along with the   program. 

We Americans aren't like  the "good Germans" in  Nazi Germany who obeyed orders.

We Americans don't like to be told what to do.  In 1773 American Patriots destroyed an entire shipment of tea at  the Boston Tea Party  to protest the tea tax.   In the eighties many of us used our CB  radios to avoid tickets when we exceeded the 55 mph speed limit.