hearts and minds

April 1, 2016

The Universal Invasive Species is bound for Planet “B”

From his brimstone bed at break of day
A walking the Devil is gone,
To visit his snug little farm the earth,
And see how his stock goes on.

Samuel Coleridge

[First published on Groundhog Day, 2016, this significant revision was posted in January 2017]

About a billion years or so from now, changes in the sun’s energy output will end the ability of the now 4.5 billion year old Planet Earth to support life. We don’t yet know how or if we can deal with that far-into-the-distant-future problem. But today we are facing an imminent threat to life on Earth and we’d better not put it off. The incessant, increasing activities of human civilization are rapidly depleting and despoiling existing ‘natural resources’, and are simultaneously accelerating the degradation of the ability of this beautiful planet to sustain life. These unprecedented changes include widespread continuing destruction of natural life and ecology; damaging alterations of the planet’s oceans, surface and ground water; and the ominous increase of human produced toxins and global warming “greenhouse” gases in the atmosphere. Despite that, human beings are not the universal invasive species, and we can stop and repair the damage. (more…)

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February 15, 2016

Dispelling the mystique of U.S. supreme Court Judges

The following essay was written and completed in the days preceding the sudden unexpected death of Judge Antonin Scalia.  So I dedicate this essay (and another one, previously composed) to his outrageous memory.  Judge Scalia described himself as a “textualist” – one who believes that “[it] is the law that governs, not the intent of the lawgiver”.  Judge O.W. Holmes described textualists as those who say, “We do not inquire what the legislature meant, we ask only what the statutes mean.”  With respect for the scholarship of Judge Scalia, I submit the following accidentally timely essay, and one other directly relevant, certainly more important essay, each of which catch me employing truly “textualist” argument, such as was professed by Judge Scalia.  (Scalia himself clarified that “textualism should not be confused with so-called strict constructionism, which brings the whole philosophy into disrepute. I am not a strict constructionist, and no one ought to be.”)  Read it only if you can appreciate the irony of someone like me honoring the spirit of Antonin Scalia.  Both of them are direct, concise, easy reading. And the one that follows, below, is also light-hearted.
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November 19, 2015

The U.S. Constitution Itself Proves that a Corporation is NOT a Person!

This proof was discovered and published in 2011, and was last revised in March, 2017. Each of the five bullet points below contains a specific Constitutional reference and quotation. The arguments which follow the quoted text in each section stand alone, but they all mutually reinforce the contention made in the title of this essay. And the arguments help to give meaning to this question regarding a legal technicality that keeps on crippling and stealing our rights, and keeps on killing us, and is getting worse. In this matter, we the people persist in contending that the emperor and his lackeys are parading – without a stitch of clothing. So if the shoe fits wear it. But if it’s a good tool, put it to good use.
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August 21, 2014

Snake Oil at the Roadshow in Madison in September

Why is Wisconsin Move to Amend endorsing, without any qualification or reservation, the”roadshow” slipping in to Mad-town on Sept. 6? Why is Wisconsin Move to Amend endorsing a “roadshow” which is being sponsored by national Money Out – Voters In, an organization in which national Move to Amend is NOT a member? The national Money Out – Voters In coalition enthusiastically endorses, without any reservations or qualifications, SJR 19, the DNC endorsed proposed Constitutional Amendment, but national Move to Amend does not endorse that proposal. (more…)

July 15, 2014

Is Even the Truth Unsustainable?

Why do words fail us? Why is demonstrable truth so widely and persistently disdained and ignored? Effective communication with integrity is essential for the people – you and I – to become informed and to take action necessary to establish, maintain and strengthen a democratic republic. But effective communication with integrity, even on a personal, one-to-one level, is very, very difficult in modern times.
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June 22, 2014

Declaration of Independence from Corporate Rule

On the historic occasion of Independence Day and Juneteenth, 2014, with honor and deep respect for the U.S. Constitution, the Gettysburg Address, the Abolition of Slavery, the Equal Rights of all Persons, and the Planet of our birth which has nurtured life and beauty for so long, here is submitted a statement of truth bearing importantly on the evolution and development of government that is of, by, and for the people. May we today be equal to the great task now before us of ensuring that that government shall not perish from the earth. And may we also, and thereby, become equal to what is likely the most dangerous challenge that humankind has ever faced thus far during our entire existence on Earth – a challenge that we ourselves have created, through technology and civilization – the consequences of our own cleverness and industry.
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December 14, 2013

Socialized Health Care vs Gov’t Mandated and Subsidized Corporate Profiteering

Filed under: Class warfare,Health care crisis,History,legalized bribery,move to amend — Hearts & Minds @ 5:05 pm

The corporate controlled government, those in charge of both corporate controlled political parties, and the corporate controlled mass media, all continue to refuse to even make a pretense of discussing publicly, much less seriously considering, the obvious, clear and simple solution to the health care crisis in America. (more…)

August 31, 2013

Protection of Voting Rights in 21st Century America

Voting rights are basic to all human rights. Violations of voting rights are violations of the core principles of democracy, and of government that should be of, by, and for the people. Violations have become more widespread in the USA than just the states that were originally listed in the landmark, and essential 1965 Voting Rights Act, which was so (tragically) belatedly enacted to finally enforce the basic human rights provisions of the 14th and 15th Amendments a century after those Amendments were ratified.
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May 30, 2013

Does a Corporation Have Constitutional Rights? – A PA judge says “No!”

A Note of Respect and Gratitude to Debbie O’Dell Seneca, President Judge Emeritus of the Washington County, PA. Court of Common Pleas, for her Ruling in a Case involving Damages Suffered by Families due to “Fracking” (Extraction of Natural Gas) done by a Corporation:

Please accept my congratulations for your recent courageous ruling that a corporation does not possess Constitutional rights, and for asserting that, if corporations could claim Constitutional rights, then corporations would become a “… legal fabrication superior to the law that created and sustains it”.

I share with many people a deep concern about the struggle that will define the 21st Century – Corporations v. Persons. I have studied and, from time to time, written about this struggle for more than a decade, and a little over two years ago I finally felt impelled to personally dig into the tap root of the problem and closely examine an underlying question: “What, specifically, is in the U.S. Constitution that would allow a Supreme Court Justice to conclude that a corporation legitimately possesses the rights that are defined there as being the rights of a person?” I found an answer that has been overlooked for too long, and to our peril.
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July 25, 2012

Does a Corporation have Constitutional Rights? (Part 2 of 2) A Corporation does NOT count as a Person, under the U.S. Constitution

One of the two key citations in the Constitution bearing on whether a corporation is a ‘person’ under the Constitution is the 14th Amendment, which contains four sentences employing the word “person[s]” – (the two sentences that constitute section 1, and the opening sentences in each of sections 2 and 3).  The 14th Amendment was cited in the preface to an 1886 Supreme Court case. This preface was later exploited to massively rewrite corporate law using the unjustifiable legal theory that a corporation is a Constitutional ‘person’.
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Does a Corporation have Constitutional Rights? (Part 1 of 2) A Corporation is a Party, not a Person, under the U.S. Constitution

Is there any truth in the legal theory that a corporation possesses, by authority of the U.S. Constitution, any of the inherent, unalienable rights of a person? (more…)

December 20, 2011

Wisconsin Showed the World What Democracy Looks Like

Wisconsin has abolished the death penalty longer than any other government in the world. Wisconsin blazed the trail and set the unwavering example that has since inspired the entire so-called civilized world. Wisconsin is no longer alone in that world. Wisconsin is now entirely encircled by states (Minnesota, Iowa, Illinois, Michigan, and Canada) in which the death penalty has also been abandoned. Sixteen states no longer use the death penalty. Membership in the European Union is open only to countries that have abolished capital punishment. Today, 140 countries no longer impose the death penalty. And in December of 2012 the United Nations General Assembly will be voting on an unprecedented resolution to urge the worldwide abolition of the death penalty. Where will Wisconsin and the United States of America stand on that resolution?
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May 27, 2011

Corporations v. Persons – the struggle that will define the 21st Century

Have you ever wondered what possessed members of the supreme Court to determine that a corporation is a “person”, according to the Constitution? Which passages in the U.S. Constitution (including Amendments) could certain supreme Court Judges have construed to support their determination (in contrast to common understanding and general usage) that a corporation possesses the rights that are explicitly defined for a “person” in the Constitution? Having researched and written about the consequences of this determination several times over the last decade, I became interested and finally compelled to get to this root of the problem. And so I once again studied the Constitution and its Amendments. But this time, I searched in particular for an answer to the question of how in the world anyone can conclude that a corporation possesses the specific Constitutional rights that are described there as belonging to a “person”.

I began by locating and highlighting certain words in the text (such as “corporation”, “company”, “person[s]”, “citizen[s]”, and “people”). Then I studied the context in which those words appear. My search was productive, with results that were startling, informative, and actually simple to comprehend and to share with youhttps://clydewinter.wordpress.com/2015/11/19/666-word-proof-that-a-corporation-is-not-a-person/
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April 1, 2011

The Difference Between a “Person” and a “Party”

My ol’ huntin’ partners, Sid D. Complex and Jesse B. Simple, and I were enjoying a couple beers together this Spring. Jess had just boggled my mind with one of his astute observations on the human condition. So I was trying to appear calm, and in full possession of my faculties while feeling more than usually uncertain and unbalanced.

Sid handled the silence that followed by deftly changing the subject. ‘Know what?’ inquired Sid. ‘The word “Person(s)” appears in the U.S. Constitution 22 times. And that same word pops up 27 times in the Constitutional Amendments (which averages once per Amendment). I know because I counted. But, the word “corporation(s)” doesn’t appear even once in the U.S. Constitution or in any Amendment. What the hell is all this noise about the Supreme Court declaring that a corporation is a person? That’s just plain nuts. A corporation doesn’t bleed, it can’t have kids, a corporation ain’t a person, anybody knows that.’

Smart-as-a-whip Jess came right back, without even pausing to take a deep breath or whet his whistle. (more…)

February 14, 2011

Slavery, the Civil War, and Early Ozaukee and Washington Counties (Wisconsin) History

Wisconsin had just became a state, prior to the Civil War, when Joshua Glover was apprehended alone, by an overpowering number of men, and locked up in southeast Wisconsin in 1854, after putting up a terrific and valiant fight, charged with having escaped from slavery in another state.  He was bound in irons and held, awaiting an armed federal escort platoon to return him to a cruel fate to be determined at the sole discretion of the “Party” that claimed ownership of him. (more…)

February 1, 2010

Citizens United Incorporated v. Federal Elections Commission – the Supreme Court Strikes Out

The Citizens United Inc. v. Federal Elections Commission ruling in the first month of 2010 represents “Strike Three” called against the U.S. Supreme Court.
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August 18, 2009

Public Option, Insurance Co-op, Mandatory Insurance Purchase – Who Cares about the Fine Print in a Health Care Reform Bill?

Probably the same sort of person who is not certain what the future holds for her family, or who worries at times about the fine print in whatever health insurance policy currently “covers” them.

There are 3 serious consequences of the huge mistake or betrayal made by “public option” spokespersons, exemplified locally by Wisconsin Citizen Action, and nationally by Move-On, among others, when they declared that the single-payer solution was “off-the-table”. (more…)

April 13, 2009

Springtime in Ozaukee, Wisconsin – Election Report

In Ozaukee County, Darcy McManus got 44 percent of the votes from the 23 percent of those registered who voted. Therefore, long-time District Attorney Sandy Williams will be the new Branch 3 Circuit Court Judge here. Ozaukee residents might be interested to learn about an earlier but unsuccessful candidate for election to be the Ozaukee/Washington County District Attorney, one Leland Stanford. Name sound familiar? (more…)

April 17, 2008

3 Up, 3 Down – Ozaukee County Softball

Filed under: government budgets,History,Iraq,War on Terror — Hearts & Minds @ 5:29 am

A discussion has been proceeding for the last month in the Ozaukee News-Graphic regarding the continuing occupation of Iraq. This column continues that important discussion, and asks that you contribute to it, as well.
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November 12, 2007

The U.S. Constitution Can’t Defend Itself

AN OPEN LETTER TO CONGRESSMAN SENSENBRENNER:
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November 8, 2007

Welcome, Stranger, to New Grafton, Wisconsin

Filed under: Development,History,Race relations — Hearts & Minds @ 11:17 pm

There’s a wonderful, little heralded landmark in the rapidly changing surroundings of downtown Grafton, Wisconsin. (more…)

October 11, 2007

Christopher Columbus’ Firsts

Filed under: Christopher Columbus,Class warfare,Economics,Education,History,Race relations — Hearts & Minds @ 2:28 am

Does your family celebrate Columbus Day? Or did it slip by without notice? Columbus Day is usually noted in school classes (well before college) and after that it is all but forgotten. But the four voyages of Columbus represent an incredibly important “first” in world history, in the history of the Western Hemisphere, and in the USA, that we should not forget.
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August 5, 2006

The Madness Must End! (September, 2002)

Filed under: History,Iraq,War on Terror — Hearts & Minds @ 7:26 pm

“Against our traditions, we are now entering upon an unjust and trivial war. This republic’s life is not in peril. The nation has sold its honor for a phrase. It … is drifting, its helm is in pirate hands. … Each of you…must speak. … Each must for himself alone decide what is right and what is wrong, and which course is patriotic and which isn’t.” – Glances at History – by Mark Twain

To remember and memorialize those thousands of souls murdered in one shocking and horrific crime last September;
To honor those heroes who, to render aid and rescue, courageously entered the maelstrom from which all others were understandably fleeing;
To express deep gratitude for those who fought to prevent the airline in which they flew from being used to kill many more on the ground;
To extend deep sympathy and help to those family and friends who have been left to mourn and wonder why and struggle with grief and rage and their lives so brutally shattered;
To do this with justice, with reverence for all life, with love suffusing our hearts and to do this while defeating terrorism should be our goal.
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