“We Live in a Constitutional Democracy” – ???

August 19, 2017 Frank Kuchar

I caught a clip promoting an interview with Supreme Court Associate Justice Elena Kagan recently, and the comment they played made me stop in my tracks. She made the observation that we are a constitutional democracy. In doing some digging, I found that wasn’t the first time she’s made that observation.

In the case in 2013 where the SCOUS struck down the Defense of Marriage Act, she made this statement to Michigan’s Assistant Attorney General: “Mr. Bursch, we don’t live in a pure democracy, we live in a constitutional democracy. And the Constitution imposes limits on what people can do, and this is one of those cases.”

Couple that with her comment in a 1995 review where she wrote about what influences the rulings of a Supreme Court Justice, and you have to scratch your head and wonder how the Republicans in the Senate ever let her get confirmed: “…it should come as no surprise by now that many of the votes a Supreme Court justice casts have little to do with technical legal ability and much to do with conceptions of value.” And just whose “conceptions of values” might they be? Why, the individual justice, of course!

Our founders rebelled against being ruled by the ‘whims” of one man (King George), yet this is precisely what Justice Kagan is saying the basis for her decisions are. Never mind the concept of the rule of law, or justice being blind to all but the facts. We now are being dictated to by a subjective judicial oligarchy.

In his famous treatise, Common Sense, Thomas Paine wrote: “But where, says some, is the King of America? I’ll tell you….in America, THE LAW IS KING. For as in absolute governments the King is law, so in free countries the law OUGHT to be King; and there ought to be no other.” No Justice Kagan, you are not “King” (or “Queen”) over us, though you and the judiciary of this country act like it. Law is not subjective, nor cannot it be for if so, then it fails to be law based upon principles and justice, but is tyrannical rule by a powerful few, or mob rule by majority (i.e., democracy).

After the draft of the Constitution was completed and ready for acceptance by the states, the aged Benjamin Franklin was leaving Independence Hall in Philadelphia where anxious citizens had gathered to learn of the actions taken by the convention being held there. A Mrs. Powel of Philadelphia asked Benjamin Franklin, “Well, Doctor, what have we got, a republic or a monarchy?” With no hesitation whatsoever, Franklin responded, “A republic, if you can keep it.” Justice Kagan, we are not a constitutional democracy; Benjamin Franklin stated very plainly we are a republic of democratically elected representatives of the people, and (as originally intended) state legislatively-appointed senators to represent the interest of the states (fyi, Justice Kagan, that’s called “federalism”– a great concept; maybe you could read up on it).

Elena Kagan sits on our Supreme Court and is clueless of these facts. Thanks to the likes of Justice Kagan and the ignorance of so many of Americans, unfortunately, as Franklin warned, we have not kept our republic, but instead are seeing it fast fading into the darkness of democratic oppression and tyranny.

-August 18, 2017

US Representative’s Job Description

August 11, 2017 Frank Kuchar

Being a manager in Human Resources over the years, I’ve had many occasions to create job descriptions. I was prompted to think about this the other day when I heard Representative Maxine Waters proclaim that her only reason in running for re-election in 2018 was to continue to pursue the impeachment of President Trump. So, with my professional background, allow me, Representative Waters, to tell you what you and your colleagues’ job description is per the Constitution.

Most would probably say that the job of our representatives in Congress is to pass laws. After all, the Constitution plainly states that they comprise half of the national legislature, and legislating involves writing laws. True, that is the meaning of the term “legislate”, and that is the part of the government to which the Constitution assigns them; but I’d rather they spend time unwriting laws, abolishing regulations and de-authorizing the myriad of departments and agencies they’ve created over the years that have no foundation within the Constitution! The preacher in the Biblical book of Ecclesiastes concluded by stating a truth “amened” by every student, namely that “Of making many books there is no end, and much study wearies the body.” If he were to write that today in view of our Congress he could well have said “Of making laws there is no end, and much regulation wearies the citizenry.”

Though some laws are necessary to the preservation of a civil society and the liberties of its citizens, I would submit that such is not the primary duty in a congressional representative’s job description. Instead I would point to the last phrase in the first amendment to the Constitution: “…to petition the Government for a redress of grievances.”

Why would the founders have felt the need to add this to the Constitution? We need look no further than to our Declaration of Independence, for that is exactly the purpose for which it was written and submitted to the British Crown, but to no avail. The founders had languished under the tyranny of a ruler who brushed aside their petitions for redress, so they wanted to make certain that in the new government they were crafting there would be a mechanism to preserve that ability and right of the people. So just what is that conduit that is available to us whenever we feel the government has overstepped its authority and is threatening our liberties to seek redress if it is not through our representatives? Is that not the very meaning of the term “represent”? Just who are they representing? Us, their constituents. To whom are they representing us? Is it not the national government?

No, no Maxine, your purpose in running for the office of Representative is not to “Impeach 45” (unless he has committed offenses that threaten our liberties, which he has not), but to be the mouthpiece for your fellow citizens when they feel they have been harmed by the government. Lord knows you have a mouth – you just need to use it for the purpose for which your office intends.

-August 11, 2017

What Can Be Done with Felonious Members of Congress?

August 3, 2017 Frank Kuchar

In 1989 when the Exxon oil tanker Valdez ran onto the Prince William Sound’s Bligh Reef in Alaska and polluted the waters along 1,000 miles of Alaskan shoreline because its captain was drunk, protestors took to singing a parody of this old children’s song: “What do you do with a drunken sailor, early in the morning? Make him captain of an Exxon tanker.”

The question could be raised similarly about what do you do with a felonious, and perhaps traitorous member of Congress? Well, for the Democrats, you place them in positions of leadership (at least until the member’s actions become known widespread). By now I’m certain most, if not all, of those reading this have heard the reports of how Democratic Representative and former head of the Democratic National Committee, Debbie Wasserman Schultz, hired Muslim individuals to be her IT technicians. These technicians had access to hers and a number of other Democratic Representatives’ computers and who knows how much sensitive data in our government files. These same individuals defrauded us taxpayers and one was even caught trying to flee the country. We now learn that Congresswoman Schultz continued payments to him and some of the others after they had been blocked from having access to the House computer network and could not perform the work for which they supposed had been engaged.

So what can be done with members of Congress who act so egregiously? There’s the standard answer – vote them out of office. Yet as someone who twice attempted in the primaries to oust a long, long-term Congressman , that is seldom done as they have too much money, influence and too many connections. However, there is another way, but it takes more political courage than those sitting in Congress seldom exhibit.

Article I, Section 5, Clause 2 of the Constitution contains this remedy:

“Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a member.”

I would say that Congresswoman Schultz’s actions certainly meet that rather low bar of “disorderly Behaviour” wouldn’t you? There should be an immediate appointment of a special prosecutor to investigate her actions, and when all is brought forth, the other members of Congress should expel her. But we all know that will never happen because far too many of those in Congress could also fall into similar condemnation. After all, there is that long-standing principle of “Honor among thieves” in play with members of our Congress. Would that we’d just have a smattering of pure, plain old “honor”.

-August 4, 2017

Why I’m Cheering Actions by Liberal Democrats

July 28, 2017 Frank Kuchar

I never in my wildest dreams thought I’d ever be pleased by anything that Jerry Brown, aka Governor “Moonbeam” of California, did, but I am now. I never thought the leftists in Seattle and Chicago would give me reason to cheer them on, but they have.

No, I’ve not lost my constitutional moorings. Democrats have been for more and more expansive government intrusion into our rights and constricting our freedom and liberties, and by and large they still are. However, recent (and some not so recent) actions taken in these local areas has given me reason to cheer.

Two weeks ago, Governor “Moonbeam” announced that the state of California would embrace and abide by the so-called Paris Climate Accords even though President Trump pulled the US out of them. California is going to sell carbon tax-credits to industries that cannot meet the environmental standards the state will be imposing in order to abide by these accords. All-in-all, this move is going to make it even harder and more expensive to do business in California.

Moving up the coast to the Peoples’ Republic of Seattle, they have done several “great” things of late. First, they raised the minimum wage to a ridiculous level, forcing many businesses to either shut down, move out of the city, lay off employees, and/or raise prices for their services and products. Then they cracked down on the right of Seattle citizens to own firearms and to purchase weapons and ammunition, again with the same result as with restaurants and other service-type businesses. Now they are imposing a 2.5% tax on individuals earning over $250,000 or $500,000 for couples.

Like Seattle, Chicago has some, if not the most restrictive measures on gun ownership by its citizens. Yet, despite that, it has the highest murder rate among major US cities. However, Seattle seems to think Chicago presents an outstanding role model for them to follow in this regard.

So, what makes me applaud these moves? Simply the fact that liberals have finally embraced the concept of federalism as espoused by our founders and how they envisioned the states would operate under our federal constitution. We are a country composed of what is supposed to be fifty independent, somewhat sovereign entities who are free to exercise all those powers not delegated to the federal government (which powers are few and defined as Madison wrote in the Federalist Papers). We have fifty free incubators to test measures to see what works and doesn’t work in the realm of governance.

So you want to limit your citizen’s access to guns for protection? Look how well that’s doing in Chicago. You want to impose draconian measures and taxes on businesses? Watch and see how many of them look to relocate to more business-friendly states. You want to force businesses to pay more than market rates in the labor force? See how many of your formally employed citizens come knocking on your city hall doors asking for welfare assistance. Watch your tax base dwindle as more wealthy individuals along with businesses more out of your city/state limits.

Yes, federalism is a fantastic concept! It teaches us what works best in preserving freedom and liberty, or in the cases I’ve cited in this essay, the absolutely worst and stupidest policies to pursue.

-July 28, 2017

Revisiting the Third Amendment

July 20, 2017 Frank Kuchar

“No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”

Today, most individuals would consider this a “dead’ amendment, worthless, and in need of expunging from its place within the Bill of Rights. Many probably (out of ignorance of the time in which it was written) find it rather amusing that such a “trifling” matter was inserted into the Constitution. Let us then re-examine this amendment and see just how relevant it still is today.

Granted, we have no fear of soldiers being quartered in our houses, especially against our will, but that was not the case in colonial America. British rulers could and did order Americans (British subjects at the time) to house the King’s soldiers and provide them with meals, even if it meant they were turned out of their beds and went without food! Note that this was not an occupying foreign power forcing this upon the populace (such as the Germans forcing similar lodgings upon say French citizens in WWII), but rather a people’s own government perpetrating this action. So colossal was this imposition that the framers were determined to make certain that their new government would have severe limitations placed upon it in this regard.

Fine, you may say, but what does this have to do with us today? To begin with, the actual prohibition, whether we feel it so remote as to be impossible, is still in place. Yet if you “pull back the curtain” and look at the underlying principle, you can see just how important it is. In a number of essays, I have referred back to the principle of individual liberty, as enunciated by the 16^th century political philosopher John Locke, that it is founded upon the security of individual property rights. Locke states that whatever we gain by the work of our hands belongs to no one else but us, and no one – including government – has the right to remove it from our hands without our consent. By forcing Americans to house these soldiers the British government was in effect plundering the private property of its own subjects – something Locke stated it had no moral authority to do.

Fast forward to today and consider my comments in the closing paragraph of my essay from last week (Income Taxes and Bridal Dresses). The EPA tells us what we can/cannot do with our property. Fail to pay your property taxes and see just how long you remain in your house before the government seizes it and evicts you. Fail to pay your income taxes – or at least what the IRS claims you owe – and you may be raided and your assets seized and sold out from under you at pennies on the dollar. Try to open up a business without first gaining a business permit from the government, or practice a profession you spent years acquiring the necessary knowledge needed, such as in medicine. All of these things our founders would be aghast at were they to come back to view their creation today.

Many know about the fourth amendment’s protection of our personal matters, but it is the third amendment which sets up this more expansive amendment following it, which constraints are also routinely shredded by our government.

Today, those less knowledgeable about the differences between rights and privileges go about chanting they have a “right” to this that or the other and yet miss the boat on the principle of what should be the shield for preserving our natural, inalienable rights. It is past time we revisit and elevate the third amendment to its rightful place of respect among the other nine amendments in our Bill of Rights and insist that Washington respect the limits it and the others place upon their power.

-July 21, 2017

Income Taxes and Bridal Dresses

July 14, 2017 Frank Kuchar

It has just now come to light that a few months ago, in Garland, Texas, 20 armed IRS agents swooped down upon a mom-and-pop bridal store owned by two elderly immigrants from Thailand and seized their entire inventory and equipment for alleged unpaid back income taxes. The designer dresses, valued at around $615,000 were sold for pennies on the dollar along with other assets such as sewing machines, a flat screen television, game console as well as the hat of Vietnam Veteran customer who had left it there to have some patches sewn on. The total net take for the IRS: around $17,000! As a result, this elderly couple is left destitute and out of business after 34 years of operation.

The authority upon which the IRS relied in this robbery is 26 CFR (Code of Federal Regulations) 301.6335-1, “Sale of Seized Property.” Note that this is not a law passed by the national legislature (Congress), but rather is part of the 80,000+ pages of “laws” promulgated by an unelected bureaucracy (IRS) which has both written “laws” (i.e., regulations) – a legislative act, interpreted how to apply these “laws” – a judicial act, and enforced these “laws” – an executive act. Clearly no separation of powers as designed by our founders in the Constitution.

Citizens of the United States are guaranteed the right to protection against such acts by our government: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (4^th Amendment, US Constitution).

According to news reports, the IRS did obtain court authorization upon their presentation of an affidavit, but the broader question is “Was this ‘reasonable’?” If you read the complete set of guidelines of the CFR I referenced above, it appears the IRS violated its own protocols. Not only this, but in seizing some of the non-clothing items they seized items outside the court’s authorization, especially the hat that belonged to someone not involved in the tax dispute. If you or I do that, it’s called “theft of personal property” and we go to jail!

What is more outrageous is the speed with which this was carried out. According to the CFR there is supposed to be at least a ten-day period between serving notice of the pending sale and the commencement of the sale; but if the IRS believes that the items to be seized are “in jeopardy” of losing their value, the items can be sold immediately without any further due process. Designer bridal dresses “in jeopardy” of losing their value?? Seriously – weddings are going to cease and the dresses be of no worth unless disposed of immediately?

Clearly this action by the IRS costs us taxpayers much more than what they recovered by the sale of these assets. Furthermore, the tax returns for the years in question indicate that the couple had a carryover of a net operating loss, and thus no taxes would have been owed. Also, a memo written by an IRS supervisor obtained via the Freedom of Information Act issued a directive to agents to “shut down this failing business.” If freedom is to be preserved, this insidious income tax and the agency it gave birth to must go.

We are no longer free my fellow Americans. Unelected bureaucrats in these unconstitutional agencies (admittedly the IRS was created to enforce the 13^th amendment) tell us what we can do with our property (EPA), what products we can produce (Dept. of Commerce), how much people must be paid by employers (DOL), how we are to obtain health care and related insurances (HHS), and how much disposable money from our earnings we’re allowed to keep (IRS). The government, via these bureaucracies, control our property, our businesses, our health and our incomes, and our representatives in Congress do nothing to stop them. You tell me – if the government controls these critical aspects of our lives (and there’s more), then how is it we can consider ourselves to be “free”?

-July 14, 2017

President Trump and Maximus Decimus Meridius

July 7, 2017July 8, 2017 Frank Kuchar

When the Constitutional Convention of 1787 had completed their work on crafting what is now our Constitution, as the aged and feeble Benjamin Franklin was being helped away from Independence Hall where the delegates had been meeting, a woman called out to him “Doctor Franklin, what have you got for us?” His reply was classic – “A republic, madam – if you can keep it!”

There have been a number of republics down through the ages; one of the greatest was the ancient Republic of Rome. We all know how it was with the advent of Julius Caesar and the subsequent rise of Octavian (aka Augustus Caesar) that the Roman Republic was dealt its death blow and replaced with a monarchial form of government headed by an emperor.

In the movie Gladiator staring Russell Crowe, there is an interesting exchange between Crowe’s character Maximus, the honored general of the Roman army, and the aged and dying Caesar, Marcus. The conversation takes place in Caesar’s tent following a bloody but victorious battle. In the conversation, Marcus tries to convince Maximus to be his successor because his own son, Commodus, was evil and not fit to rule. Allow me to share some clips of their conversation:

MAXIMUS: You sent for me Caesar? [No response. Maximus turns to look at the weak and old Marcus.] Caesar?

MARCUS: Tell me again Maximus, why are we here?

MAXIMUS: For the glory of the empire, Sire.

MARCUS: Ah yes, ah yes. I remember. You see that map, Maximus? That is the world which I created. For 25 years, I have conquered, spilt blood, expanded the empire. Since I became Caesar I have known four years without war – four years of peace in 20. And for what? I brought the sword, nothing more.

MAXIMUS: Caesar, your life…

MARCUS: Please, please don’t call me that. Come here and sit. Let us talk now, together now. Very simply, as men. Well, Maximus, talk.

MAXIMUS: 5,000 of my men are out there in the freezing mud. 3,000 are cleaved and bloodied. 2,000 will never leave this place. I will not believe they fought and died for nothing.

MARCUS: And what would you believe?

MAXIMUS: They fought for YOU and for Rome.

MARCUS: And what is Rome, Maximus?

MAXIMUS: I have seen much of the rest of the world. It is brutal and cruel and dark. Rome is the light.

MARCUS: Yet you have never been there. You have not seen what it has become. I am dying, Maximus. When a man sees his end he wants to know that there has been some purpose to his life. How will the world speak my name in years to come? Will I be known as the philosopher, the warrior, the tyrant. Or will I be remembered as the Emperor who gave Rome back her true self? There was once a dream that was Rome, you could only whisper it. Anything more than a whisper and it would vanish. It was so fragile and I fear that it will not survive the winter.

Maximus, let us whisper now. Together, you and I. You have a son? [Maximus nods.] Tell me about your home.

[Maximus looks a bit surprised at the invitation to hear of his home, but eagerly and proudly describes it — a peaceful happiness overcome him as he speaks.]

MARCUS: I envy you, Maximus. It is a good home. Worth fighting for? [Maximus nods yes and Marcus rises.] There is one more duty that I ask of you before you go home.

MAXIMUS: What will you have me do Caesar?

MARCUS: I want you to become the protector of Rome after I die. I will empower you, to one end alone, to give power back to the people of Rome and end the corruption that has crippled it. [Shock and bewilderment overcome Maximus. He tries to keep from displaying these feelings. Hearing no response, Marcus continues.] Will you accept this great honour that I have offered?

MAXIMUS: With all my heart, no.

MARCUS: [Tenderly holding Maximus’ head with both hands]: Maximus, that is why it must be you.

MAXIMUS: But surely a prefect, a senator, somebody who knows the city, who understands her politics….

MARCUS: But you have not been corrupted by her politics.

If you have seen the movie, you know that Commodus murders his father and assumes the title of Caesar. He attempts to have Maximus executed but Maximus escapes and ends up as a gladiator. As a gladiator he ends up fighting in the Coliseum in Rome, and in a one-on-one battle with Commodus, kills him and returns power back to the people.

In 2016 the citizens of this republic elected a non-politician to be our president because we were tired of the corruption of those who have worked their way up the political ladder that is our federal government. The appeal of Donald Trump to many was he had not been corrupted by the politics of “Rome” (Washington, DC) and pursued the office because of his perceived genuine love for his country and desire to make it great again.

Now, as President, he finds himself in what I would style as the role of a gladiator as well as president. He is constantly beset by and having to combat those who are corrupt in both political parties, the media and the elite intelligentsia of so-called “higher learning.”

Do I agree with everything President Trump has done? Absolutely not. Do I think he is firmly grounded on constitutional principles? Unfortunately no. But one thing I do know – he has the tenacity and courage of a gladiator, and with our republic on the brink of vanishing, we need someone who is not afraid to wield a sword in the arena of political combat.

In the 2016 election we had the choice between one in the mold of the corrupt and power-hungry Commodus and one who was not of the political class and was asked by the people to return the power of government to them so that like ancient Rome, America can once again be that shining light on the hill. Like him or not, President Trump could well turn out to be our Maximus.

-July 7, 2017

Just What Did We Declare?

July 1, 2017 Frank Kuchar

This July 4 we will celebrate the 241^st anniversary of the signing of the Declaration of Independence. Parades and concerts will be held, gatherings of family and friends for backyard cookouts will take place, and most citizens will enjoy a day off from work. However, if you have ever watched any of these “man on the street” interviews where individuals are asked what we celebrate on this day, far, far too many haven’t a clue. So as we enjoy this day, let’s reflect upon just what our forefathers put their lives, fortunes and sacred honor on the line to declare.

Some, but not enough, of these queried citizens about this day may be able to quote a phrase or two from the Declaration but there is a greater underlying principle to the Declaration than “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

You may wonder what greater principle can there be than the right to equality, life, liberty and happiness? The answer can be found in the opening sentence of the Declaration and repeated a little further down in the second paragraph.

In that first sentence Jefferson lays out the principle that Nature’s Laws and Nature’s God entitle people to be self-determining when it comes to how they will be governed. Listen to how he begins:

“When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them,…”

Jefferson here claims that people have the right “to assume the powers of the earth” which entitles them to choose with whom they wish to band together into society. He then proceeds in the second paragraph to expand upon this right by stating that the assuming of this power means they also have the right to determine how the society they formed when banded together is to be governed:

“That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

If a people are not free to choose how they wish to be governed then they live in a state of tyranny and oppression. As the song recorded by the Rascals in 1968 put it,

All the world over, so easy to see

People everywhere just wanna be free

Listen, please listen, that’s the way it should be

There’s peace in the valley, people got to be free

That same sentiment is inscribed on the base of our Statute of Liberty: “Give me your tired, your poor, your huddled masses yearning to breathe free.”

Without self-determination when it comes to governance, there can be no life to speak of for it is life without liberty nor happiness. Yet as far too many in our country today go about the frivolity of fireworks, concerts, et al, and are oblivious to the fact that we stand at the precipice of losing all that our forefathers declared are our inalienable rights that day 241 years ago.

It is time that we all re-learn the true meaning of this day and commit ourselves to the principles contained within that Declaration. Five years ago I woke up in the middle of the night and penned the following – a modern update to Jefferson’s Declaration. I hope you find it worthwhile and will share it with others that we might, like our forefathers, dedicate ourselves to the future freedom of our posterity:

Declaration of Reclamation

-June 30, 2017

To Declare or Not to Declare, that Is the Question – Part VIII

June 24, 2017June 27, 2017 Frank Kuchar

In last week’s essay (To Declare or Not to Declare, that Is the Question – Part VII) I alluded to the fact that the United States has forgotten how to wage war. We have forgotten what the nature of war is and the purpose of it.

The purpose of war is not to facilitate “nation-building”, nor is it to “spread democracy.” Unless a nation is a bent on conquest and subjugation, free nations engage in war only as a defensive matter of self-preservation. When it comes to self-preservation war is a matter of kill or be killed, and all options should be on the table as they were in WWII. Today we try to wage “polite war”, but no such thing exists. We are too concerned about political correctness in how we conduct military actions. War is horrible and should be resorted to only as a last measure due to the suffering it causes on both sides of the conflict.

My take on the approach to waging war is what I term the “Mr. Miyagi Philosophy of War.” In the movie “Karate Kid III”, the wise Mr. Miyagi has taken a young teenage girl named Julie under his tutelage. One evening while walking home alone she is accosted by a group of boys in a judo club and harassed. Off to the side you hear this soft, quiet voice say to them, “Leave girl alone.” They look, and begin laughing at and taunting this little old man telling them to back off. If you’ve seen the movie, you know that that little old man defeats all of the boys who run off with their “tails between their legs.” Julie gets all excited about how Mr. Miyagi “kicked butt”, and here is the wisdom in their conversation:

Juile: That was great, Mr. Miyagi.

Mr. Miyagi: Not great. Miyagi always look for way not to fight. Miyagi hate fighting, was most unfortunate.

Julie: Unfortunate? Come on! Aren’t you glad you kicked some guy’s butt?

Mr. Miyagi: Not want to kick anything. Was most unfortunate their butts attached to small brain.

Julie: Mr. Miyagi, come on admit it. We kicked some butt.

Mr. Miyagi: Julie-san, fighting not good. But if must fight… win.

As related to our subject matter, to paraphrase that last line, “War is not good. But if must fight…win!”

Consider what we did in WWII. On February 13, 1945, the allies fire-bombed the city of Dresden, Germany, killing an estimated 135,000 civilians (or more) in one night. On March 9, 1945, the US fire-bombed Toyoko, Japan and killed at least 130,000 civilians. Then of course there were the two nuclear attacks on Hiroshima and Nagasaki. The purpose was to try and force those nations to sue for peace and bring an end to the conflict and to preserve American and allied lives.

Today, in our war against those seeking to do us harm, in a formal declaration of war Congress should make it plain that as horrible as it may seem, we will unleash all of our might against those enemies and anyone who aligns themselves with them, shelters them, or remains in their vicinity may very well suffer the same fate as them.

General William Tecumseh Sherman understood how horrible war was, but it didn’t stop him from being ruthless in prosecuting it. I leave you with some of his words of wisdom about war and how to wage it:

“War is the remedy that our enemies have chosen, and I say let us give them all they want.”

“I would make this war as severe as possible, and show no symptoms of tiring till the South begs for mercy.”

“My aim, then, was to whip the rebels, to humble their pride, to follow them to their inmost recesses, and make them fear and dread us.”

“War is cruelty. There is no use trying to reform it. The crueler it is, the sooner it will be over.”

“War is at its best barbarism.”

“If the people raise a great howl against my barbarity and cruelty, I will answer that war is war, and not popularity seeking.”

“There’s many a boy here today who looks on war as all glory but it is all hell.”

And finally,

“Every attempt to make war easy and safe will result in humiliation and disaster.”

Would that more of our leaders had the attitude of General Sherman; then maybe there would be fewer American servicemen and women losing their lives and we as a people could dwell in peace and safety. As Mr. Miyagi said, “if must fight…win!”

-June 23, 2017

To Declare or Not to Declare, that Is the Question – Part VII

June 17, 2017 Frank Kuchar

We now understand that the power to declare war (see To Declare or Not to Declare, that is the Question – Part VI) can mean either to formally recognize that we are in a state of war after an adversary has attacked the US, or to formally announce that we intend to commence hostilities against an adversary. But against whom do we declare war? Just who is an “adversary” against whom war can be declared?

The meaning of what it is to be “at war” has been muddied up over the past few decades. We hear such phrases as “War on Poverty”, “War on Drugs”, the “Cold War”, and most recently, the “War on Terror.” I think that the reason we have not been as successful in recent military conflicts in which we’ve engaged is because we have lost sight of what war is all about and what it truly is.

The object of a declaration of war, if it is to be understood and carried through to victory, must be specific. In WWII, we declared war against Nazi Germany, Fascist Italy and the Empire of Japan. It was easy for the citizens at that time to focus on and crystalize exactly who we were at war with and what it was going to take to win and return to a state of peace. Yet the examples I gave above are nebulous to say the least. Is it any wonder that we don’t seem to be making much headway? We still have poverty after trillions of government spending/waste. The drug epidemic is spreading like a prairie fire, we’re still at odds with Russia despite the dissolution of the old Soviet Union, and the so-called “War on Terror”? Well……

I find all of these “wars” to be misnomers; an inaccurate use of the term and concept of “war.” Consider the “War on Terror.” Just who is the enemy? Some might say it’s ISIS, Al Qaida, the Muslim Brotherhood, etc, but that is not the enemy we’ve tied to the use of the word “war.” Terror is a means to an end, and therefore cannot be an enemy against which you declare war. Winston Churchill did not declare war against Blitzkrieg when Poland was invaded. No, he asked the British Parliament to declare war against Nazi Germany, the adversary who was utilizing the method of Blitzkrieg to attack a neighboring country. So it must be with us today in how we approach this Muslim menace today.

President Trump should go to the Congress and ask for a declaration of war against the organizations who are perpetrating terror around the globe. The declaration should state that we have been attacked by these adversaries over the years (the Marine Barracks in Lebanon, the USS Cole, the WTC buildings to name a few) and that we will take whatever means necessary to eradicate them. By making this formal declaration it should also put other nations on notice that should they harbor, aide or abet these organizations they will also be considered to be adversarial to our safety and will be subject to incurring whatever damage and suffering might result when we attack these groups that are within their territory. In effect, we are declaring to be at war with them in an indirect manner. This way they are on notice and if they fail to take action themselves to root out those organizations, then the consequences will be on them, not on the US.

To fail to realize exactly who we are at war with and formally stating such will keep us in the condition we have been for the past almost three decades, namely mired down in politically correct battles with no clear victory or peace in sight. Next week, a look at what war really is and how it should be waged.

-June 16, 2017