Thursday, April 14, 2011
As we move into midyear, the perennial credit limit authority
in the media and the halls of congress. I am sure,as our ever
vigilant lawmakers begin the process of tough love, that the
Saturday, March 26, 2011
I must not have much to do, I thought it might be nice to think of a
Inflation really was nuts, 6%,4%,3%,
6%,11%,9%,6%,7% during his tenure.
He was tapped for the job at Treasury.
staying thru George HW Bush,
a Bush 2 appointment, he serves even
This shows ~ 8 trillion $ around double in just 10 years.
Wednesday, March 23, 2011
Monday, February 14, 2011
It may be my failing to see the enlightened view, but I have heard it is unwise to live on borrowed monies. Our politics lead us here, think about this little dept of labor data thingy . --->
WWW.USDEBTCLOCK.ORG
Saturday, April 10, 2010
On a trip over the last couple weeks, I queried many and found some common views.
(1) The transition to a different kind of economy in this country is unnerving.
(2) It seems that everyone believes the US public debt levels will bring us to
crisis.
(3) The lack of confidence goes even to distrust of the leaders of old institutions.
(4) Most people think a major not so good change is soon coming.
Where is the good news in this?
I also found everywhere, folks working away at the tasks at hand with resolve.
Many were very polite and helpful, even cheerful.
The doom and gloom, like the elephant in the room, may be obvious, but there is a faith that constant work at the job at hand will overcome. I believe that too. The adult is us sees the danger looming ahead, but rather than alarming the innocent, we try to face it leaving the children to grow up slowly. What a joy it is to be a child finding an egg on that strange and exciting Easter activity. How powerful was the message sent in the Colosseum when early Christians, singing their songs, were fed to the lions. I think we lead best by example, a positive example reaches thru time and space.
Monday, December 28, 2009
So many ideas over time take on enthusiastic heralds.
Proponents trumpet "this is the way, follow me and you will
find truth". Entire theologies, call them precepts, are developed,
signaling the way to some nirvana, ultimate peace, or 47 virgins.
The more sturdy movements have developed logical, even elegant
roadmaps to a way of thinking or acting along their prescribed
pathway. My goal here is to discuss one popular idea, that
concept labeled 'Objectivism' brought to the mainstream by
Ayn Rand in 20th century. I do not propose to criticize, debunk
or proselytize, but instead, speak to its strengths and explore
possible limits. Here you will learn some of the what, why,
and how of Rand's philosophy. I cannot presume to cover but
a fraction of the subject here, I instead will attempt to lead the
reader into his own exploration.
Ayn Rand (Alisa Zinov'yevna Rosenbaum) at 21, came to the
US in 1926. The Soviets confiscated her father's successful
pharmacy in Saint Petersburg so she was educated in Crimea
after and then Petrograd University where she graduated in
1924. Her studies in social pedagogy exposed her to the
Greek writers Aristotle and Plato, which became major
players in the formation of her thinking.
Ayn wrote two major novels. The Fountainhead in 1943
made Howard Roark a household name, selling 6.5 million
copies by 2008. Her primary Objectivist work, Atlas Shrugged
was published in 1957. The hero's name can be seen on bumper
stickers even today. "Who is John Galt ?"
She writes "My philosophy, in essence, is the concept of man as a
heroic being, with his own happiness as the moral purpose of his life,
with productive achievement as his noblest activity, and reason as his
only absolute." She wrote in 1962, the individual "must exist for his own
sake, neither sacrificing himself to others nor sacrificing others to himself."
This seems to be moderated slightly (LOL) from her writing in
We the Living, where she said "What are your masses but mud to be ground
underfoot, fuel to be burned for those who deserve it?
Would a dictionary type definition of the subject help here, I think so:
"Objectivism" derives from the principle that human knowledge and values
are not created by the thoughts one has, but are determined by the nature of
reality, to be discovered by man's mind"
http://www.nytimes.com/2007/09/15/business/15atlas.html
Just look at Modern Library's 100 best novels list from today.
http://www.randomhouse.com/modernlibrary/100bestnovels.html
where 4 of the top 10 are Rand's works. When a 1991 survey by the Library
of Congress and the Book-of-the-Month Club asked what
the most influential book in the respondent's life was, Rand's Atlas Shrugged
was the second most popular choice, after the Bible.
Now, after all this, which seems to sound like a giant unintended
sales pitch, my personal feelings. Just a few thoughts.
- Yes, Rand's works have been formative in my life where I would also rate them on my top 10 must read list, behind the scriptures and Bill Bryson. A guy has got to laugh.
- Yes, Aristotle developed ideas of reason, choice, and individuality, which are the basis of a man. Suffice this, you can read more. Do you do Greek?
- Plato's idea that reality is unknowable is antithetical to reason. His view of stateism and tyranny are classical collectivism. It is the height of defeatism to believe man is powerless. A hopeless condition leading nowhere. Everyone can do something. Everyone can have purpose. I can't believe I'm criticizing Plato. It becomes clear why Rand contrasted these two teachers.
- Ayn's experience from her Soviet youth informs us greatly to the bitterness and injustice of that system. Her writing in Anthem shows a world without individuals. Without achievement.
- Rand's belief "Man must exist for his own sake" is not incorrect in itself. I am reminded of a phrase "What good is it for a man to gain the whole world, yet forfeit his soul?" In the end, without identity, man can't exist. Selflessness is powerless without self, we only have lessness left, what is that.
- "happiness as the moral purpose of his life" is a truly relative phrase. To achieve "happiness" as purpose might require some clarification or at least personal definitions. You know what, it is not any ones business what might make me happy, satisfied, or fulfilled. Me getting my YaYa's is what makes me me. I am afraid that the purpose of my life may be beyond the scope of this blog. I am not unwilling to discuss this if you can provide a useful definition of "purpose". I dare you to try.
- "reason as his only absolute." This is tough, I know some things for sure, I also fully understand I am biased, and many ways blinded by prejudging. Reasonableness is not absolute, a fine goal for sure, but absolutism in a physical world is non sequitur.
I might conclude that "Objectivism" as proclaimed by the Randites
is not the be all guiding light of life. Also, to look here for salvation
from whatever comes up short for those absolute values needed when reason fails. But also, I am happy to have Rand's work to help motivate
me to be all I can be. To treat myself and my ideas with respect.
Friday, November 20, 2009
Betting on the US economy
Betting on the US economy has been a good one most of the time.
With modern financial markets we have come to the point where
risk can be controlled very tightly. Not only can an investor profit
from growth of companies, but also he can bet the other way and
gain from a companies demise. Short selling, put options, and covered
calls are some methods to reduce the risk of loss in an investment.
It seems to me that one major key to maintaining and growing an
investment is to understand the direction that instrument is headed.
Wouldn't it be great to know that tidbit of information. Some hints
are gleaned from trends and policies of the sector and even the
national political direction. It is no secret that the US national debt
is increasing exponentially of late, and that has a direct effect on the
value of the dollar. Equities such as (UUP + UDN) US dollar up, US
dollar down, reflect these changes albeit inversely to each other.
You might use this knowledge to build a strategy giving positive
return in the face of the debts affect on the dollar.
The successful portfolio will be the one that looks at the world the
way it is, not the way we want it to be. If you put your dollar under the
bed, you will lose for sure. If you invest it wisely, you may still lose, but,
chances are it will grow thus making Bob your uncle. Dave 8-)
Tuesday, November 17, 2009
YouTube Enlists Users as Newscasters
"YouTube Enlists Users as Newscasters", this is to fill a void that followed the state takeover of most of our traditional news companies. It isn't as if they were bought off, but instead, they gave up questioning because they have fallen in love. The explosion of amateur-produced content will fill the need for independence that was enjoyed variously in the past, but now seems like the good old days. For example, two young filmmakers completely destroyed "acorn" exposing the systemic corruption of that group, and by the way, the press, who to this day has not covered the scandal. Even congress was so outraged that they pulled millions in funding and kicked them out of dozens of programs slated for their involvement. It is not hopeless for the "not so big anymore" networks, but as you know, trust is not easily earned and when it is betrayed, given back begrudgingly. It takes a lot to earn my automatic mute button, but once you have it, the honored speaker never gets to talk again. That is death to a politician, as they live by the minions eating up their bs.
Tuesday, April 28, 2009
Has perspective got the flu?
Questions and Answers Regarding Estimating Deaths
from Influenza in the United States
How many people die from flu each year in the United States?
The number of influenza-associated (i.e., flu-related) deaths
varies from year to year because flu seasons often fluctuate
in length and severity. CDC estimated that about 36,000 people
died of flu-related causes each year, on average, during the
1990s in the United States
http://www.cdc.gov/flu/about/disease/us_flu-related_deaths.htm
My math says 36000 dead/365 days is 100 dead per
day or 4 per hour. But this in a small country of less
than 360 million this is only 1 in 1000 per year, if
the Lotto only had that good of odds.
Here is another source--à
In the U.S., an estimated 25–50 million cases of the flu
are currently reported each year — leading to 150,000
hospitalizations and 30,000–40,000 deaths yearly. If
these figures were to be estimated incorporating the
rest of the world, there would be an average of
approximately 1 billion cases of flu, around 3–5
million cases of severe illness, and 300,000–500,000
deaths annually.
http://www.flufacts.com/impact/statistics.aspx
So we can conclude 1 in 10 get the flu each year
in this country, but only 1 in 1000 die. But also
we know that 2.55 million die here each year
which is about 4000 per hour going home. This
means we have 1000 times better chance of
perishing by something other than the flu like
the 20+ people that die on the highway each hour.
Monday, December 29, 2008
Some arguments not so easy to win
I have found it very easy of late to settle arguments using the
Internet. Oft times we wonder—How tall is the president?
well a quick search gives 5' 11", argument settled. Other times
the answer comes with much more effort. For example—
What is the industry sector contribution to the US gross national
product? The answers come back too broad to be useful, like:
So trying to dig deeper we find tons of data and few
useable graphs, what is this, do I need to build my own?
Where are the government number crunchers?
Well I find these to start our chart:
GDP (official exchange rate): $13.84 trillion (2007 est.)
GDP - composition by sector: agriculture: 1.2%
industry: 19.8%
services: 79% (2007 est.)
Imports: $1.968 trillion f.o.b. (2007 est.
Exports: $1.148 trillion f.o.b. (2007 est.)
Military expenditures: 4.06% of GDP (2005 est.)
So this needs a lot of work-what industries did what part?
Thursday, August 21, 2008
Watched the public policy forum hosted by Saddleback's Rick
Warren last weekend. What a deal that was! Here the general
public got to see our presidential hopefuls in the raw. For an
hour each started out with very personal and reveling questions
to answer and they got no easier as the interview progressed.
Not having knowledge of the others answer, our guys showed
their thinking on a long list of identical lines of questions.
This was the best and most helpful set of interviews I have
seen in a political race. Not only did we see the social inclination
of each, but also, their demeanor while on the spot. I did not
look for a winner and loser, but instead was interested in
the vision for our future each holds. Intellectual or gut,
convinced or decided, the core holdings of each. I saw what I
wanted to see and encourage you to check out for yourself.
A overall good deal. Dave 8-)
Monday, August 18, 2008
Was just thinking about my friend Shawn and his cat races. You
know, where you give them a few seconds head start before
jumping from the skydiving plane. The cats always win. What
brought it up was my perfect record in the stock market. I watch
an equity spiral to its death, and when it bounces I buy it. Every
time without fail, I find that one can fall much farther than all the
way. It almost seems that the stockholders end up in debt to the
company for having invested. Don't get me wrong, the market is
the only game in town and if used wisely will provide good returns,
somewhat safe parking, and endless entertainment. Just remember
the old blues songs about the killing floor, these players eat meat,
so if you play, as Miller says "grow some snickers". Don't worry, it's
an inside joke.
A quick thought about risk tolerance, what raises your brows?
+ 10% tight wad banker w/ no snickers
+ 20% the market does this all the time
+ 40% riding the waves w/ no vest
+ 60% kahoona flavored snickers
+ 80% betting the farm and the horses
+ 100% pure faith, you will lose everything several times
Every single living person can be "rich beyond the dreams of
Averist" but so often they value the useless and forget the gem.
Here is a little test, lookup "saddleback social forum question rich"
take two and call me in the morning. LOL Dave 8-)
Thursday, June 12, 2008
fabric of space
My 17 year old is at that age of many questions. This in a western society, accustomed to instant gratification, one might imagine the necessary effort is not expended in pursuit of answers to his "why is that " inquires.
One of the wonders of his magical world is the way large bodies attract each other like bowling balls dropped from the roof onto my car. This is often called gravitation, from the Latin gravitatem used first like, well like when they spoke Latin. I made the big mistake to think I would look it up and find out about this gravity stuff so I could explain it to him. Ha, that would just figure, for like 6000 years of written history and unknown more time than that, mankind has ask this question. From the start I will say, no one has a clue. From Newton back to Kanada 8000 BC, it was determined that things fell because they were heavy.
Now don't get me wrong, the physics of acceleration and attraction in the post Newtonian world has become very sophisticated. One might even predict the path of a moon, a space shuttle, or a bowling ball and know with precision the impact speed and force to be absorbed by the now a convertible. As far as the pre20th century, this thing worked as far as it went. Just a few little bugs in the system, you know how a bug bugs a theorist. Anyway a couple of out of the box types moved physics past Newton like AutoCAD smoked Euclid's protractors. Albert did the quantum dance, the universe became a very jerky place, always hopping up and down the stairs. Ahem, they are even setting the GPS satellite cesium clocks like 0.00000003 sec slow because time runs slower when you get up there 50 miles from the earth. It's something about the space time fabric bending near large masses.
I have come to know that space is not flat, time not linear, and that gravity is an illusion because of where you are standing. They should make a law or something, what the heck am I to tell him now? I could try the "old people don't know anything", but he already knows that.
Wednesday, June 11, 2008
New Tech had me befafilated
But even now I type into this Word editor and after years of usable and intuitive menus, now long searching often gives no joy. Any way, Hi all, if this configuration and test meets with success, Bob has become my uncle. Is that rambling or what. Again the phone lines are back up, the dialup account makes me wish I had a high back chair, and my questions have taken on quantum jerk function analogues. Luckily this will not go thru relieving you of much blather.
Monday, September 03, 2007
I’ve been lazy / overwhelmed
The pressures of family, job, and lack of ambition have conspired
to keep me offline during Gonzales entire term. I have not been
dead though, and continue to grow in heart and mind. With the
changing of the guard at the top cop office, It would seem
to be a natural place to jump back into the fire.
First, As I watched the mob attack and overcome even the
apologetic public persons, my attitude has changed to one
of asking forgiveness only in the privacy of the confessional.
Second, My weakness of dissecting everything down to the
subatomic level often halts the putting down of markers along
the way. this stops today. If my judgments appear half-baked,
on some issue or another, drop me a line, we can cook it a few
more minutes for that metaphysically perfect cookie.
And on the problem I have been working on even from last year,
that is , how does one define "purpose" ?, how does it come about?,
What are the rules?. Can we go and get some of it?, is there more or
less in this or that ? Are there larger and smaller purposes?
Is purpose a physical thing like a hammer or nail one can get and use?
As you might have guessed, this question is not being ask the first
time, and moving thru Aristotle, Kant, Husserl, Heidegger, Sellers,
Mohanty, Sokolowski, Lask, McDowell, and even Crowell, or in a
different vein, Rick Warren, one might be confused or even derailed
on the way to finding this answer. We already know purpose exists,
you can see it everywhere. Like a US Supreme court justice said
"I can't define it, but I know it when I see it" speaking on another subject.
So here goes, I must needs be first to put this into context in order to
begin any rational definition. A distinction must be made between
speaking of the purpose for a physical (natural) thing and that of the
ethical (free will) . I am only looking to define the purpose of living and
as such, must leave aside questions of "why is the rock". Can one know
a definition of the purpose of life, is there more than one ? Does it change?
The answer is yes we can know our purpose in life, there is only one,
it never changes. I found the answer to my question about purpose,
even after much research, in what I already knew. The problem of putting
this into words still is burdensome for me, so I am reduced to quoting others.
"To everything there is a season, and a time to every purpose
under the heaven"
This is not my final word on the purpose of life. Dave 8-)
Monday, May 29, 2006
West Point speech
http://www.whitehouse.gov/news/releases/2006/05/20060527-1.html
As expected, we see the informed humor to warm up, and a recap of the Academy's changes over the years. A long section on the "new war" and how
much it has not changed. “ideological struggle between tyranny and freedom.” Often the course material offered reflects the needs of the workplace and this caught my eye. "hired new faculty with expertise in Islamic law and culture" + " identifying IEDs, conducting convoy operations and running checkpoints"
These new leaders have different fight than did our parents, but the 1950 directive of President Truman remains operative even 56 years later.
http://www.fas.org/irp/offdocs/nsc-hst/nsc-68.htm
I understand that "Truman was deeply unpopular at the end of his two terms in office and that it took a generation to appreciate his achievements." and think it
could be the heroes who step up often only later receive their due.
http://www.nytimes.com/2006/05/28/washington/28bush.html?_r=1&oref=slogin
Saturday, April 08, 2006
Our Backdoor
As the hand wringing continues in Washington, the
population shift continues at our southern border.
There is no doubt that in many places outside of the USA
conditions are desperate. The hopes of large parts of the
Latino world are not at home but instead in the promise
of the American way. It is a natural result of success and
bounty in one place that populations move in that
direction. This normal shifting in itself is not good or bad,
but there are some very real consequences when it
happens. One thing is the wholesale violation of the
immigration laws. This seemingly minor transgression
has a major effect on both the citizens in the USA and on
the incoming population. Ignoring and not enforcing
established laws degrades the respect for law that is the
basis of civilization. Also, the migrating population, by not
having a legal path to the work that calls them, are forced
into an illegal underworld. This state of affairs has
continued for decades and given rise to much division
within the USA.
This problem of legal/illegal is just one of many that
comes when discussing the issue of worker migration.
But these problems have been in the press for years and I
am not going to speak of them. The way forward may be
the only discussion of value. First the US must find out
who is here. The national ID card with strong biometrics
should be rolled out. This ID would be the key to the tax,
welfare, and retirement systems. By providing legal
residents services keyed to their ID, the distribution of
entitlements and citizen benefits would be controlled. It is
now grounds for detention for not providing identification
to law enforcement. Not much time would be needed to
find all but the most reclusive residents. I maintain this
identification issue could be completed at the same time
as the next census.
The second step needed to address illegal immigration
into the USA is to hold employers responsible for who they
hire. The US IRS that sees employer tax statements where
labor expenses are paid to unknown persons is looking the
other way. This ignoring of known violations of tax law is
being done as a mater of policy and can be changed. To do
these things without disruption of the economy must
include a path for the migrants to become legal workers.
The talk of citizenship and migrant workers are two different
issues, we can have millions of non-citizen workers here,
we already do. The real problem is we don’t know who is
here and what we don’t know we can’t control.
Tuesday, February 07, 2006
Attorney General Gonzales
Today we saw general Gonzales try all day to give our congress a
way to avoid a constitutional fight in the courts. It looks like their
view is that the congressional role is the supreme authority and the
executive is subservient to them.
This view, and both parties seem to be arguing this, defies basic
common sense because everyone knows that the executive has many
extra-legal powers. Take the example of the speed limit, this
regulation applies to the drivers on the highway system, but, when
law enforcement is operating here, no one would argue they must
follow those rules.
Or a more serious example would be that, a loaded commercial
jet that is found to be commandeered and headed into say the
superbowl. Does anyone really think any written law would govern
our president’s decision to protect the safety of this mass of people.
That jet would be shot down in a heartbeat. Where does congress
think the authority to make that decision comes from, maybe the
president could apply to a court and get an order.
I have great hopes that they will take a lesson from the courts
decision in Hamdi v. Rumsfeld and not press this issue. The
complete transcript of attorney general Gonzales is at the WP
site Part 1 and Part 2
_____________________________________________________
Friday, January 20, 2006
Ghost in the machine
often we tend to overlook it until some malfunction shows up.
One thing that vividly demonstrates this is the inability of
modern drivers to function in older automobiles. One thing
that I find remarkable, is most can not even name the systems
that saves their asses. See a great thread about this here ---->
High-tech Cars Replacing Driver Skill?
Today I worked on a relatively simple
optical infrared thermal measurement device
Not a new technology or modern by today’s standards, butthis box resists definite and repeatable diagnosis. It seems
that with each path our team went down,
new or different manifestations of “the problem” appeared.
Often the mindset is to throw new parts at a problem, and
sometimes that is the cost effective solution. Especially
this “tube jockey” mentality comes out when no other
solution presents itself. First you replace the most likely
parts, then the parts you don’t know what they do. Of course,
like today, that didn’t work, and created new problems so,
now you replace every part and the box that holds them. Well
that does not do it either, then replace everything within 10 feet
of the box, no joy. I give a call to Rod Sirling at
The twilight zone , he knocks over my nickel, and the
whole thing goes to work, go figure. One must realize that
the system will continue to function until I get 100 miles
away from the location, and at that exact moment, well
you get it, the life of a field service technician.
Thursday, January 12, 2006
The last few days
(1) about the state of Christianity,
(2) about the world conflict with anarchy,
(3) about the cost of freedom,
(4) about crime and punishment,
(5) the path to peace,
(6) personal growth, or maybe
(7) something about modern communication
methods and its effectiveness.
It becomes clear to me, and probably you too, that all
of that could, each one, become lifetime treatises.
Additionally, like many working men, I have a regular
job, must listen to all of the senate hearings on
Judge Alito, follow every bit of news from the US
liberation of Iraq and Afghanistan, read as much as
time permits of the technology advancements in science.
It also occurs to me that some of these might be more
important than others.
Here is the short version, follow links for more:
(1) It’s good or academic or bad choose you own
(2) It’s a long road but not much choice
(3) It’s expensive and thousand little steps
(4) No comment a little frustrating
(5) It’s simple may require thinking
(6) Choose boss carefully
For we have thought the longer thoughts
And gone the shorter way.
And we have danced to devil's tunes
Shivering home to pray;
To serve one master in the night,
Another in the day.
Ernest Hemingway
(7) very fast and depends
That should take about 4 hours.
You get done with this, in the words of a famous babysitter
“I’ll be back”
Wednesday, January 04, 2006
sticky clumps
Dark, cigar smoke filled room at country club where the plotters forge a grand scheme. Just shadows of faces, strong drinks, and whispered voices.
Flash to several law office meetings and upscale dinners where gambling interests are sold the abilities of our star, a flamboyant Washington lawyer and lobbyist, to provide real progress on capital hill on their behalf. The very deep pockets of these clients, I will call them tribes, start to make real progress in the legislative bodies. Money and favors flow like trinkets at a trade show. Soon, enough pockets are lined and the plot begins to thicken.
It seems our star has been grafting off a lot of money for himself and the tribes feel shafted. Now comes the justice department, they are easily able to show this has occurred. Jack, our star, is faced with big time problem of a long time in jail or squeak for a deal. Like all good crooks he offers to give up information on whom he paid in congress to forward his clients interests.
The fan starts spraying out odoriferous clumps of sticky and fear is spotted in the congressional offices. The many resignations and prosecutions that follow clean house on the hill. As luck would have it, only the outright dishonest and stupid are forced out, and the good servants of the peoples are left.
As Jack, our star, is taken off to jail, we see a long black limousine roll the window down. Just a brief glimpse by Jack, our star, over to the car, and we see a big smile and thumbs up from Tom, the guy from the smoke filled country club room. Just another sting, another soldiers selfless work, and the limo drives off.
When I turn this into a screenplay, might need to change the names to protect the guilty. ©2006 DASCOM
Saturday, December 31, 2005
And the debate goes on
those in the know. 850+ deep thread here
Here is a reply I gave to one spinning mirrors type this
week:
It's a good thing OJ didn't have you as a lawyer.
In cases of international intelligence foreign relations, and conduct of war, the coequal constitutional powers of the executive are not necessarily subject to laws written by congress. The president, as commander in chief, has full authority to intern whole groups of people to camps, nationalize the entire steel industry, drop bombs on people, even declare martial law if necessary. If you look at the constitution-
Article II makes the President Commander in Chief of the armed forces. As such he is preeminent in foreign policy, and especially in military affairs. This was no accident; as Alexander Hamilton wrote in Federalist No. 74, "Of all the cares or concerns of government, the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand." The federal courts have long recognized that when it comes to waging war, the President, not Congress or the courts, is the supreme authority. In Fleming v. Page, 9 How. 603, 615 (1850), the Supreme Court wrote that the President has the Constitutional power to "employ [the Nation's armed forces] in the manner he may deem most effectual to harass and conquer and subdue the enemy."
As for your Fourth Amendment argument that: 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.
The key here is unreasonable. One of the many situations where warrantless searches have been approved is when the government is seeking foreign intelligence information, such as information relating to potential terrorist threats. Next to the Constitution itself, of course, the highest authority is the United States Supreme Court. At least three Supreme Court cases have discussed this subject.
In 1967, the Court decided Katz v. United States, 389 U.S. 347. Katz involved the warrantless interception of a conversation held by a criminal defendant in a phone booth.
U Hamdi v. Rumsfeld, 542 U.S. 507 (2004) nited States v. United States District Court, 407 U.S. 297 (1972)
This specific question was first addressed by the Fifth Circuit in United States v. [Cassius] Clay, 430 F.2d 165 (5th Cir. 1970). "we do not read the section as forbidding the President, or his representative, from ordering wiretap surveillance to obtain foreign intelligence in the national interest."
In 1974, the Third Circuit decided United States v. Butenko, 494 F.2d 593 (3rd Cir. 1974) "prior judicial authorization was not required since the district court found that the surveillances of Ivanov were "conducted and maintained solely for the purpose of gathering foreign intelligence information."
Three years later, the Ninth Circuit decided United States v. Buck, 548 F.2d 871 (9th Cir. 1977 "Foreign security wiretaps are a recognized exception to the general warrant requirement...."
1980, the Fourth Circuit decided United States v. Truong For several reasons, the needs of the executive are so compelling in the area of foreign intelligence, unlike the area of domestic security, that a uniform warrant requirement would, following [United States v. United States District Court, 407 U.S. 297 (1972)], "unduly frustrate" the President in carrying out his foreign affairs responsibilities. "
United States v. Duggan, 743 F.2d 59 (1984) "Prior to the enactment of FISA, virtually every court that had addressed the issue had concluded that the President had the inherent power to conduct warrantless electronic surveillance to collect foreign intelligence information, and that such surveillances constituted an exception to the warrant requirement of the Fourth Amendment."
2002, the United States Foreign Intelligence Surveillance Court of Review decided Sealed Case No. 02-001 "The Truong court, as did all the other courts to have decided the issue, held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information. It was incumbent upon the court, therefore, to determine the boundaries of that constitutional authority in the case before it. We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power."
And don't forget that the September 11 Authorization for the Use of Military Force reads: "use all necessary and appropriate force," covers intercepting communications, since intelligence gathering is just as much a "fundamental and accepted incident of war" as detaining enemy combatants.
all kudos go to John Hinderaker for his great work on this research. All the credit is his ----complete article is here --> http://powerlineblog.com/archives/012631.php
If common sense were common everyone would have it.
Thursday, December 29, 2005
Grand Challenge
In 2003, the Defense Advanced Research Projects Agency offered $1 million to anyone who could build a self-driving vehicle capable of navigating 300 miles of desert. Dubbed the Grand Challenge, the robot-vehicle race was hyped for months. It was going to be as important as the 1997 Kasparov-Deep Blue chess match. But on race day in March 2004, the cars performed like frightened animals.
http://www.wired.com/wired/archive/14.01/stanley.html
The natural progression of this science is for a future where robots fight the wars, that way the good guys don’t get hurt.
The UGV/S JPO has several systems under development: - Man-Portable Robotic Systems (MPRS.), - Standardized Robotic System (SRS), - Robotic Combat Support System (RCSS), and - USMC Gladiator Tactical Unmanned Ground Vehicle
(GLADIATOR)
To get involved, or help in this effort look here
The code 237 land based systems are going forward with
research, development, test and evaluation in command and control architectures, sensor data processing, wireless communications, operator machine interface and integration for robotic, physical security, torpedo fire control, coastal surveillance, law enforcement technology and deployable sensor systems.
The thing I often think about is that these independent platforms and software systems may act in ways not intended. This unintended behavior is often seen in complex system design. As I saw in the description of one program “Software that enables unmanned systems to autonomously determine its best course of military action”<snip>
Don’t want to get in the way of that nice little puppy.
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