Bill of Rights on its Last Leg

This isn't what they slaughtered Hessians for

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.

This, the fourth amendment to the constitution of the United States of America, was formally proposed on September 25, 1789 as part of a package of enumerated rights and restrictions on the federal government’s powers that smoothed over a number of concerns that the various states had regarding the increased powers being delegated to the central government. Without these limitations, there was great concern that the federal government might inexorably grow into a tyranny of one form or another. It was ratified on December 15, 1791 after a great deal of debate, along with nine others that were felt to be similarly important.

Today the U.S. House of Representatives passed a bill, H.R. 6304, which will effectively grant immunity to large corporations that actively aided the government in flagrantly violating this fundamental underlying principle of our legal system. The House of Representative is now officially in collusion with the U.S. Senate in turning not only turning a blind eye to the transgressions of the executive branch (as has been customary for decades), but in actively assisting in those transgressions by promising protection from legal repercussions to the direct agents of said transgressions.

Earlier this year I was disappointed when the U.S. Senate pushed a similar measure through over Chris Dodd’s attempt to filibuster, and heartened when it was soundly blocked by the House of Representatives. What changed here? Presumably when H.R. 6304 goes to the Senate, the same dance will be repeated, with the same results (cloture and passage over Dodd’s objections), and the President will sign it. What recourse does this leave?

By my count, we’ve got the following left:

  1. 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.
  2. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
  3. 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.
  4. 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.
  5. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
  6. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
  7. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
  8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
  9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
  10. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

One out of ten isn’t so bad, is it? Or should I straighten out my guest room for company?

Full text of H.R. 6304 (PDF)
EFF Analysis of the bill (PDF)
The yeas and nays

*edit: Dive Into Mark posted a great, concise quote regarding the types of recourse available to the people.

Unraveling Fabric

Everything falling apart

Well, they finally did it. The pervasive homosexual conspiracy has finally driven a stake through the heart of all that holds western civilization together. Gays have gotten married. Legally. In California. As was widely predicted by folks like the Family Research Council, John Hagee, and the 700 Club, the underpinnings of our culture have been visciously attacked, undermined by sinful hedonists.

This morning I sat on my front porch, shotgun at my side, cradling my terrified son in my arms as Californians everywhere lost all sense of public decency, respect for law and order, and even the value of human life. Roving gangs of disillusioned youths set fire to houses, bad-mouthed their parents, spoke openly of having any random number of daddies or mommies (but seldom both), and are having wanton butt-sex on the streets. Oh, the horror. To think that all of this came from an irrational desire by committed same-sex couples to have visitation rights at hospitals, inheritance rights, health care, and tax protection equal to their God-fearing, honest, righteous, serial-divorcing, wife-beating, child-neglecting heterosexual neighbors. So selfish.

Where were you when we needed you most, Westboro Baptist Church? Off protesting a dead soldier when there was real work to be done?

I leave you with a prediction from H.P. Lovecraft regarding this terrible turn of political events:

The time would be easy to know, for then mankind would have become as the Great Old Ones; free and wild and beyond good and evil, with laws and morals thrown aside and all men shouting and killing and reveling in joy. Then the liberated Old Ones would teach them new ways to shout and kill and revel and enjoy themselves, and all the earth would flame with a holocaust of ecstasy and freedom.

Oh wait, that was the return of the Mighty Cthulhu. Never mind.

Wordle

The Dungeon Master's Guide as a Word Map

Ran into something interesting on Infosthetics this evening, a little brew-your-own word cloud tool named Wordle. Many of you may have seen “tag clouds” or “heat maps” on folks blogs, showing frequently-used tags in larger text than the more rarely-used ones. My gallery has one of sorts built in, with the text size scaled logarithmically. A better example of how programmatic word cloud generation falls apart in practical use is over at Anime なの, where the nature of rabid anime fandom tilts the scale towards only a couple titles at a time, obscuring the cloud’s purpose and reducing its usefulness.

Wordle makes it oh-so-much prettier, though, and can handle an alarmingly large amount of text. The image above is the entire 4th Edition Dungeon Master’s Guide, with common words (i.e. “the,” “and,” “or”) removed. There are several typefaces available, a handful of color schemes, and it’s just plain fun to tinker with.

4e DMG

Basic dungeon map key

Maybe I’m just a sucker, but there’s nothing quite like reading through a fresh Dungeon Master’s Guide to make a fella want to bust out some note paper and start cranking away at a new campaign. The Player’s Handbook and Monster Manual are generally the most useful of the core rulebooks. They have been since AD&D. They’re where you find that particulars of character creation and advancement, the particulars for any skills or spells that may come into play, the hard numbers and color text for the various and sundry bad-guys. The DMG is mostly used to for a couple of rules that players rarely have cause to worry about, and used to be the repository of magic items (no more in 4e; those are in the PHB now). Once you’re in Dungeon Master mode, the DMG isn’t something you have to lean on much.

But getting into Dungeon Master mode is precisely what it is there for. It is chock-full of advice regarding the adjudication of rules, working with players and player characters, devising adventures and settings and non-player characters, all the things that anybody that has played a roleplaying game pretty much already knows. No shocking new revelations here. So what it is that I find so interesting about reading a two-page treatise on building a basic beginning, middle, and end for a D&D adventure? I already know how to do it. I’ve done it dozens of times, with some modest degree of success. It isn’t hard to set a plot hook: the players know when they’re being pointed towards the plotline. It isn’t hard to plot out a map for some musty old tomb and dig up some critters from the Monster Manual for the players’ characters to slaughter.

The real value of actually reading through the Dungeon Master’s Guide is not in its utility as a reference book. That isn’t its core purpose. The DMG is there to affirm and reinforce your existing good habits, point out your bad ones, and remind you of how you should be handling things that aren’t quite right at the gaming table. Did you forget to throw in a couple of gimme encounters during the last campaign? Fights that the players would just breeze through to make them look extra heroic and cool? Were you a little more miserly than you probably should have been, doling out few rewards for too much effort? God knows I was. I’ll have to work on that next time around.

Recently I’ve been in player mode, showing up for game night with character-sheet in hand, ready to follow the plot where it leads me, lend a hand to the other players, and instigate a little trouble here and there. Reading through the DMG has me wanting to put on the DM hat again, though. Gotta find my graph paper…

Kucinich

Gotta hand it to Representative Dennis Kucinich of Ohio. The man’s got no quit in him. Yesterday he spent over four hours on the floor of the US House of Representatives calling for the impeachment and removal from office of George W. Bush.

ARTICLES OF IMPEACHMENT FOR PRESIDENT GEORGE W. BUSH

Resolved, that President George W. Bush be impeached for high crimes and misdemeanors, and that the
following articles of impeachment be exhibited to the United States Senate:

Articles of impeachment exhibited by the House of Representatives of the United States of America in
the name of itself and of the people of the United States of America, in maintenance and support of its
impeachment against President George W. Bush for high crimes and misdemeanors.

In his conduct while President of the United States, George W. Bush, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has committed the following abuses of power.

Summary of all 35 counts follows (link to PDF of full resolution with details)
Continue reading

How ADSL Filters Work

Circuit diagram for ADSL line filter

I ran into an excellent, thorough explanation of how ADSL line filters work today at epanorama. Contents include an increasingly in-depth description of the theoretical and practical purpose of such devices, photographs of disassembled filters, and what really caught my attention: a circuit diagram.

The true measure of an RPG

Know, o prince, that between the years when the oceans drank Atlantis and the gleaming cities, and the years of the rise of the Sons of Aryas, there was an Age undreamed of, when shining kingdoms lay spread across the world like blue mantles beneath the stars – Nemedia, Ophir, Brythunia, Hyberborea, Zamora with its dark-haired women and towers of spider-haunted mystery, Zingara with its chivalry, Koth that bordered on the pastoral lands of Shem, Stygia with its shadow-guarded tombs, Hyrkania whose riders wore steel and silk and gold. But the proudest kingdom of the world was Aquilonia, reigning supreme in the dreaming west. Hither came Conan, the Cimmerian, black-haired, sullen-eyed, sword in hand, a thief, a reaver, a slayer, with gigantic melancholies and gigantic mirth, to tread the jeweled thrones of the Earth under his sandaled feet.

So I’ve been thinking about brewing up a 4th edition Fighter that takes a dip into either Ranger or Rogue for multiclassing purposes. But then I thought maybe the character concept is more of a Rogue that has dabbled heavily in Fighter instead, working with a number of Heavy Blade exploits. Hmm. How well does 4th Edition Dungeons & Dragons allow for an approximation of Robert E. Howard’s classic hero?

Dodging a Landslide

In this video, posted by the John McCain 2008 campaign account on Youtube, campaign manager Rick Davis lays out the roadmap to a McCain presidency, using currently-available polling data to crunch the numbers on the electoral prospects. This is the same Rick Davis that will be serving as the poster-child for how the McCain campaign is largely run by lobbyists, something that may not reflect well upon the candidate come November, but that’s beside the point.

Some of the numbers are cooked (for example they site the burn rate on the Obama and McCain campaigns for April of 2008, when McCain was essentially unopposed and Obama was still working on beating Clinton), but the electoral map is quite interesting. The list of expected battleground states has expanded from Ohio, Florida, and Missouri back in 2000 and 2008 to include a number of areas we used to think of as fairly safe bets. Now, I’m not actually expecting Michigan to go for McCain, or for Obama to win Arkansas, but we can reasonably expect to see both of these candidates working hard to make a showing in places that haven’t seen a presidential candidate outside of the primary season in fifty years.

Rick Davis’s take on things aside (it’s his job to paint a rosy picture; note that he didn’t put Georgia in play), it’s currently Obama’s race to lose. McCain’s hitching his wagon to an unpopular horse on too many issues, whether people identify themselves as moderate or not.

Common Misconceptions

facepalm

Earlier today I read something by the normally-insightful KC Meesha that has been gnawing at me for a little while now. He lined up a number of position statements attributable to a major-party presidential candidate and then commented on each one in a way that at first was somewhat comforting (thank God this man doesn’t vote), but then started itching at me (too many people think like this and vote). Gotta scratch that itch.

Let’s line a couple of points up and take a closer look, shall we?

[…]I support many ideas in theory but I am not doing anything about it. Where is a plan?

Specifically on the subject of abortion rights, at the federal level there’s basically nothing to be done other than put Supreme Court justices on the bench that will strike down Roe v. Wade or pass a constitutional amendment clarifying the constitutional place of patient-doctor confidence. Neither major-party candidate is looking to put anti Roe v. Wade justices on the bench, and the president of the United States has no constitutional role in the passage of constitutional amendments. This is a non-issue in 2008, just a cultural wedge people are using to drive people to or away from their polling places.

This immigration plan is ridiculous and unworkable and the fence idea is beyond stupid. Over 5,000 people got through much shorter and much better guarded Berlin Wall, so how can anyone expect a 700-mile fence to do the job. I am all for illegal immigrants (make them legal) as long as they 1)Pay taxes, except for Social Security since they cannot collect it; 2)Do not receive any taxpayer-provided assistance no exceptions;3)Obey the law. If they still want to come here and work I don’t have a problem. On the other hand if I were Obama I’d try do make everyone forget I voted for that joke of a plan and come up with something short, loophole-proof, frugal and usable. He can use my plan above for free. Not much change here.

Both major party candidates substantially supported the immigration plan in question here. Regarding Meesha’s proposed fix, most illegal immigrants pay taxes (they submit bogus identification to their employers who withhold payroll taxes and such that the employee will never see direct benefit from). It is nearly impossible to live in an industrialized society without drawing some benefit from taxpayer funds. We have socialized sewage treatment, water supplies, state-protected power monopolies, socialized roads, postal systems, et cetera. The second condition is ludicrous on its face. Perhaps if softened to a “no direct subsidies or special programs to specifically benefit illegal immigrants” we’d be back in the realm of the reasonable. As for the third point, illegal immigrants by definition have violated a law. Remove the illegality of the original entry (or overstaying of some visa or other) and they are roughly as likely to commit actual crimes as anybody else.

[…]I am not so sure straight troop withdrawal is such a good idea[…]

This is a widely-spread misrepresentation of Barack Obama’s Iraq policy. His stated goal is to “be as careful getting out of Iraq as we were careless getting in.” Whether you believe that or not is certainly up to you, but the only people that were arguing for a precipitous withdrawal were Mike Gravel, Dennis Kucinich, and Ron Paul (“We just marched on in, we can just march on out”). Attributing a straight cut-and-run disordered rout to Obama’s policy goals is ever bit as intellectually dishonest as the claims that John McCain wants to have a boiling insurgent conflict over there until the 22nd century. It just isn’t true and doesn’t match the candidates’ statements in any reasonable interpretation of their original contexts.

[…]I just don’t want it turned into something similar to the last days of Vietnam War. Someone smarter than me should devise a working plan to get out without putting American lives and property in danger.

Yes, that’s what generals are for. Tell them “Get our boys out safely, you have 18 months” and if they’re worth their stars, they get it done. If we cannot trust them to manage a withdrawal, we should not trust them to manage an occupation.

What kind of non-position is that? I don’t care about gay marriage as it is a non-issue for me.

Yes, it’s a non-position on a non-issue. So what? I don’t care whether a presidential candidate agrees with me or not on issues I don’t care about. I similarly don’t care if a candidate doesn’t care about issues I don’t care about. I’d much rather they held positions on important matters that are in their job description.

Workers of my age have been all but officially informed that were are not getting Social Security. Why not let me manage a tiny amount of my own money, mismanagement of the funds is one of the reasons Social Security is going down.

First, Social Security will still be there so long as the payroll tax is being paid by people that are still in the workforce. It will almost certainly not be able to pay out at the levels it is supposed to according to the current cost-of-living adjustment schedule. This is primarily due to the fact that the workforce is aging. The funds were only mismanaged in that the Social Security Administration has been purchasing extremely safe securities from the federal government (floating our deficits) instead of creating the incredibly touchy proposition of a government agency purchasing hundreds of billions of dollars of private securities on the open market.

Second, you can manage your own money. There are entire industries dedicated to people managing their money. Stocks, CDs, bonds, real estate, baseball cards, fast food franchises. Invest your money however you like. What Meesha probably meant here is that he doesn’t like paying taxes. Yeah. People don’t like paying taxes, but we also don’t like potholes and homeless elderly people all over the place.

Raising taxes again. Not very smart but sure to please a lot of people. No change here, same old “tax the rich” song and dance.

Wait, doesn’t want to leave Iraq. Doesn’t want to pay Social Security taxes. Doesn’t want to raise any of the other taxes. So how do we pay the soldiers over in Iraq? With yellow ribbon car-magnets? How to we pay the people who are holding government-issued bonds? Print more money? That worked great for 1920’s Germany. It is politically infeasible to cut back our defense, Medicare, and Social Security budgets (the lion’s share of federal revenue goes to those three things) enough to cover our expenses without raising taxes. It is politically infeasible to raise taxes enough to support all the programs everybody wants. It is increasingly difficult to continue putting everything onto the national credit card. This is why we have professional bickering little sluts (legislators) duking it out all the time for us in Washington.

Cut defense spending and people will howl that we’re being irresponsible. Reduce Medicare and the health care infrastructure takes a huge hit as even more treatable conditions fall back to the emergency rooms. Touch Social Security at all and the AARP mafia will break your kneecaps (not literally, but old people vote, so politicians are afraid of ticking them off).

Raise capital gains taxes and homeowners looking to sell will cry bloody murder, investors will scream that new factories and shopping malls cannot possibly be built, no new jobs will be created, mobs of unemployed young people will rove the streets slaughtering the innocent, the gutters will run red with the blood of the innocent, chaos! Raise tariffs and prices at Wal-mart and Home Depot will skyrocket, sorely-pinched working people will be denied the affordable luxuries that keep them docile. Raise income taxes and highly-paid professionals will all decide to stay home instead of going to their quarter-million-dollar-salary jobs, and somebody will howl that a family consisting of a Firefighter and a School Teacher (capitalized because these are politically-sacred professions) will magically be in the top income-earning bracket despite their chronic representation as underpaid and under-appreciated public servants.

Taxes are touchy. The only thing you can say when running for office that is politically safe when this subject comes up is “my opponent is going to mishandle taxes terribly.” Democrats like to lean towards a policy of “we’re going to try to get the money out of the people that can best afford to pay it and have benefited the most from this country’s opportunities.” Republicans like to lean towards a policy of “we do not want to discourage the best and brightest from excelling, so everybody should pay the same.”