Friday, April 20, 2018

Medical Bankruptcy

One of the latest “Resist” movement indoctrination papers being touted by the George Soros/ Saul Alinsky Resist Party has to do with “Medical Bankruptcy”. Bless their little misguide hearts. This is what they learn in their Liberal Arts “education” on just about any campus in the USA. They like to refer to themselves as Democrats, largely due to the fact no one else will have them. None of them has a clue of Thomas Jefferson and his original Democrat-Republican Party Platform [See Below]. Yes Alice, it is in black and white.
Most of these children want to be just like “Socialist” Europe, none having ever stepped foot in Europe. There is not one Socialist State in Europe, mostly Social Democrat states. There remains only four Socialist States and none are in Europe. Those that were for even a short stint, are no longer extant, having realized it is a failed system but for their benevolent dictators, family and friends. Preceding their Liberal Arts foray in colleges and universities, most were warehoused in kindercare; a perfect beginning into the realm of communal living, largely without parental instruction. Their parent had other things to do, thus leaving little time for the drudgery of parenting.
They largely have the view that the system is the evil which befell them and it did but not realizing what system it was that actually did the damage. They blame everyone/ everything for their station in life without any sense of introspection, being wholly incapable of that. This phenomenon is largely due to that stellar “parenting”. They can give you a lengthy list of all the problems but having no conceptualization of a singular solution. So, what is their answer to everything? RESIST. RESIST everything and everyone—they typically blame it all on the Boomers—their grandparents. I know I blamed everything on my grandparents as I was growing up LMAO!
You will see that my background has been in management. One of my favorite exercises had to do with problem solving. When an employee came to me with a problem, I thanked them for that and then asked if they had a possible solution[s] to that problem—the audacity! It did not take long before they got the idea that their “suggestion” would require them to think before speaking. The “suggestion box” was a lot less cluttered. As an aside however, a few who had the ability of constructive thinking actually came up with some good possible solutions to some very real problems. Try that today and note the “deer in the headlights” countenance. It could cause some to eat laundry detergent or snort a condom.
I recently saw a screenshot having to do with “medical bankruptcies” on my timeline, touted by the Young Democrats of Pottawatomie County. Please note their background photo with the term, RESIST, in large font. This would be Pottawatomie County, Oklahoma, not Cuba:
They assert 643,000 recent medical bankruptcies in the USA with all other countries in the world and a few planets having exactly “Zero”. There’s that liberal arts thingy rearing its ugly head again. They are pretty sure the rest of us, especially the Boomers, are just Neanderthal, having the class of a bull moose in a china closet, whilst Tide Pod spittle trickles from the corners of their respective mouths and a condom “dangleth” from thine nostril. Let me just add this; there’s not a Democrat in the lot and they are a good deal of the reason we, the Democratic Party in Oklahoma, can’t get the city dog pound officer elected. The Democratic Party long since passed, punted the ball, having not a sellable issue in the lot. We handed the keys to the Corvair to the GOP and all we have to offer now is to RESIST. Hell’s Bells, a four year old can do that!
I captured the following [Below] from a practicing bankruptcy attorney by the name of Sean Mays. You will find the same story about the 643,000 poor souls, disrupted by “medical bankruptcy”, in stories related by CNBC, Huffington Post, USA Today, Snopes of course, the Motley Fool, Yahoo, Pocahontas, Schumer, Pelosi, DNC, et al press offices of George Soros. It is Saul Alinsky 101 and I am sure they think we are so dense we can’t possibly know that. Watch as their eyes roll back into their little heads like a slot machine at the local casino while they peruse this—free entertainment:
Your question is difficult to answer because “medical bankruptcy” is more of a political term, not a legal one. You will not find “medical bankruptcy” in the U.S. Bankruptcy Code, and what constitutes a “medical bankruptcy” is debatable.
I practice bankruptcy law in the United States, and yes, I do have clients with medical debt. The overwhelming majority of these clients have medical insurance, and the medical bills are for amounts that are not covered by their plan. Anecdotally, I can say that none of my clients have ever complained of medical bills as their chief reason for wanting to file bankruptcy. Stopping a foreclosure, repossession or garnishment are the most common reasons. I have had, however, clients complaining of missed income due to medical conditions or disability, and stating that this loss of income was a contributing factor. These clients would fit the definition of “medical bankruptcy”, at least as that term is defined by Elizabeth Warren. Editorial Note:  This would be Pocahontas for the unwashed—a “Minority Member” from the Commonwealth of Massachusetts :-)
If, for the purposes of your question, we are defining “medical bankruptcy” in the same manner as Elizabeth Warren’s research, then I would respectfully disagree with the other contributors who posit that medical bankruptcy does not occur outside of the United States. As others have pointed out, most other countries have a form of universal or single payer healthcare. But, this does not mean that citizens in those countries do not have medical debt or that their citizens would have no need to file a “medical bankruptcy”. Canada, for example, has universal health insurance which is paid primarily through their tax system. Not all medical costs are covered, however. For example, one survey of Canadian debtors published in 2014, found that prior to bankruptcy, two-thirds of the respondents reported bills for prescriptions drugs greater than $5,000.00 CA. Canadians also experience lost income due to missed work, which would also be considered a “medical bankruptcy”.
The United Kingdom’s National Health Service also provides free health care, but that doesn’t mean there is no “medical bankruptcy” in the UK. It is still possible to opt-out of the NHS coverage and obtain private coverage in order to obtain faster treatment or medical treatments that are not covered by the NHS (although this is infrequent). It is also just as possible to lose income due in the UK due to a medical condition. In fact, reports published by their Insolvency Service do list “illness” as primary and secondary causes of bankruptcy in a percentage of cases. These would qualify as a “medical bankruptcy” under the definition crafted by Sen. Warren.  Editor’s Note:  That would actually be George Soros.
Another thing to consider is that it would be an apples-to-oranges comparison. Health care in other countries is paid mostly through their tax systems. So could you consider unpaid tax bills as “medically related”? Also, the bankruptcy laws and processes can be drastically different between countries. Many consider the consumer bankruptcy laws in the United States to be favorable to the debtor. For example, in the United States it is actually possible to keep large amounts of assets and still receive a discharge of your debts. A family filing for a “medical bankruptcy” in the United States could still keep tens of thousands of dollars in equity in their home and other personal property, along with their complete retirement savings and certain other assets. These are results that cannot be obtained in many other countries. Personally, I have assisted debtors in discharging all of their unsecured debt while being able to keep approximately $90,000.00 in equity in a home (this is not typical, but was possible due to the specifics circumstances of the case).
Bankruptcy is only one of many solutions to a financial problem. The problem you truly seem to be asking about is the financial impact of illness and disability. It is my own opinion that using the number of bankruptcy filings as a sort of proxy to compare these financial impacts in various countries is not going to give you accurate results.
Just for the Shites and Giggles, I am providing the original Democratic Party Platform in the Comments [Below]. Let’s see who might be the DUMBA$$E$; the Boomers or the present day little children of God—will they comprehend a word of it? If anyone reading this might presume I am being a bit hard on our little snowflakes, peruse their website. It is chock full of Horseshite on their vast knowledge of the Boomer Generation and just about everything else they post. As with this and all else I post, it meets my Three Rules of Social Media Posting: Is it fair? Is it accurate? Does it have maybe just a wee bit ‘o spun humor? Political Correctness is not one of my rules—it is reserved for amateurs. Happy days are here again.

Wednesday, April 11, 2018

Take the 6th Amendment Mr. President

Amendment VI

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 defense.

Sunday, March 25, 2018

Supremacy HELL!

If you would like to have just a slice of understanding of the Constitution, how it is to be viewed, understood, interpreted and applied today, DVR the Levin show on FOX; his interview with Senator Mike Lee R-UT. He is one of a handful remaining of bona fide Constitutional Scholars.
Elected in 2010 as Utah's 16th Senator, Mike Lee has spent his career defending the basic liberties of Americans and “Utahns” as a tireless advocate for our founding constitutional principles.
Senator Lee acquired a deep respect for the Constitution early on. His father, Rex Lee, who served as the Solicitor General under President Ronald Reagan, would often discuss varied aspects of judicial and constitutional doctrine around the kitchen table, from Due Process to the uses of Executive Plenary Power. He attended most of his father's arguments before the U.S. Supreme Court, giving him a unique, hands-on experience and understanding of government up close.
Lee graduated from Brigham Young University with a Bachelor of Science in Political Science, and served as BYU's Student Body President in his senior year. He graduated from BYU's Law School in 1997 and went on to serve as law clerk to Judge Dee Benson of the U.S. District Court for the District of Utah, and then with future Supreme Court Justice Judge Samuel A. Alito, Jr. on the U.S. Court of Appeals for the Third Circuit.
He gets it! If you want case law, go to Harvard. If you want the Constitution, go just about anywhere else. A word of advice; the “Supremacy Clause” is supreme only with respect to the federal powers as set out in Art 1 Sect 8, all else is left to the States and to the People. Another word of caution to those of you who have no understanding of elections by States but hope for a simple democracy: Keep in mind; Lincoln won with the Constitutionally provided electoral process. Lincoln only garnered less than 40% of the popular vote but won the Electoral College. Think for a moment; what if Stephen Douglas had won and the first GOP candidate had lost.
Are you or I smarter than those of the Age of Enlightenment who put this all together? I do not even have to wonder—their minds, their character, their commitment to binding this Republic to the Creator cannot be matched today. Very few today can even compute that. Mike Lee comes to the table with honesty and integrity. He is from the Libertarian [Jeffersonian] wing of the GOP.
Do yourself a favor and DVR this interview, one full hour of a real, true Constitutionalist, as it was intended. If we can only rescind the 17th Amendment, we can again, have the Republic, as intended, and not until.

Wednesday, March 14, 2018


French-speaking people in Oklahoma have included not only French natives, but also French Canadians, Acadians (or Cajuns), Belgians, Swiss, Caribbean French, and other refugees from one-time French colonies. In this article the French refers to those of direct French origin or nativity. French explorers arrived in the seventeenth century in a region that was then the domain of nomadic and seminomadic American Indians. In 1682 Robert Cavelier, Sieur de la Salle, exploring the Mississippi River, claimed for the French king all the lands drained by it. He is credited with naming the territory Louisiana, which included present Oklahoma. In 1719 Jean-Baptiste Bénard de la Harpe journeyed up the Red River, through eastern Oklahoma, and down the Arkansas in pursuit of trading prospects. At the same time, Claude Charles du Tisné headed into Oklahoma from the north to explore Osage territory for a trade route with Spanish settlements on the Rio Grande. Posts set up by de la Harpe and du Tisné gave rise to a controversial claim that a post said to have existed at the site of a Pani (Caddo) Indian village was Oklahoma's first white settlement, Fernandina or Ferdinandina. After French Canadian brothers Paul and Pierre Mallet(t), ventured as far as Santa Fe in 1739 and returned to New Orleans along the Canadian and the Arkansas rivers, the Louisiana governor sent André Fabry (Fabre) de la Bruyere to follow the Canadian River westward to Santa Fe. Low water on the Canadian stalled his mission.
These French explorers and traders, also known as coureurs de bois, welcomed the freedom and challenges of their lifestyle. Possessing a strong loyalty to country and king, they were eager to expand France's influence. They exhibited personal traits not unlike those of later French immigrants—an independent spirit and individuality, a personal kind of religion, and a readiness to assimilate with the existing population. For the coureurs de bois this entailed adapting to Indian ways and languages, even taking Indian wives. This accounts for many French-Indian names in Oklahoma.
European political and military upheavals from the 1750s placed Louisiana under new ownership. By the Treaty of Paris (1763) part of Louisiana, including Oklahoma, was ceded by France to Spain. Despite Spanish efforts to gain trading supremacy, France under Napoleon regained Louisiana by the Treaty of San Ildefonso (1800). However, in 1803 a desperate Napoleon, beset by military and monetary problems in Europe and the Caribbean, sold Louisiana Territory to the fledgling United States.
Meanwhile, the Chouteau family of St. Louis extended trade into the new territory. Auguste and Jean Pierre, sons of Frenchman René Auguste Chouteau and Marie Therese Bougeois of New Orleans, had established a fur trade in St. Louis. Successful traders with the Osage along the Missouri, the brothers in 1802 moved into the Three Forks Area, north of present Muskogee. Based at St. Louis, Jean Pierre oversaw trading at the site known as Saline, and by 1817 his son, Auguste Pierre, ran the trading post on the Grand River. He settled in the new territory, revived the flagging fur trade, and built a keelboat business. Internationally acclaimed ballerina Yvonne Chouteau (Terekhov), is a descendant of Jean Pierre Chouteau. The town of Chouteau in Mayes County carries the family name and, with other French place names, testifies to a lasting imprint of the French on Oklahoma's land.
Benjamin Louis Eulalie de Bonneville, a French-born graduate of the United States Military Academy, served as a first lieutenant at Fort Gibson and at Fort Smith in Arkansas. His abilities garnered important assignments, including command of a Rocky Mountain expedition. His careful notes and description of the Rockies earned him leadership of an exploration of Oklahoma's Cross Timbers, in preparation for the Indian removals under Pres. Andrew Jackson. Interestingly, in his report he determined that the prairie country was a barren waste that could not sustain human life.
Throughout the period of exploration and trade the French had been less interested in religious propagation than the Spanish or the French Canadians. Although there were Catholic clergy in the Louisiana province, Indian Territory was considered unfavorable to Catholic missionaries during the nineteenth century. This changed when Isidore Robot, a priest from Pierre-qui-Vire Abbey in France, arrived and began a mission in Atoka. He moved on to the Potawatomi Nation, in 1876 establishing Sacred Heart Mission and Academy north of the Canadian River. Out of this came the establishment of Shawnee's Sacred Heart College in 1883 and St. Gregory's University in 1915.
By 1884 Father Robot's efforts expanded to the Choctaw Nation to serve Catholic miners in the coalfields. Experienced French miners labored in the first coal mine that opened in Lehigh, and in 1895 some moved to mines in Coalgate. A government report estimated that about nine hundred French immigrants lived in the Lehigh-Coalgate region. By 1911 the number was about seven hundred, with a few in other mining towns. These Indian Territory mines were considered the nation's most dangerous, due to the gas that bituminous coal produced and to inadequate safety measures. Many miners were handicapped by language, a situation that proved fatal for French and Italian miners in the 1912 Lehigh mine disaster because they did not understand a fire warning.
Many French people owned stores and bakeries, took up farming and trades, and provided services. Typical was Leon Charles Fouquet, who left France as a teenager and journeyed to America to work for a relative. Impelled by a sense of adventure, he was also encouraged by his family to leave in order to avoid conscription into the French army. He married, raised a family, and engaged in various trades before coming to Oklahoma Territory in 1892. He owned the Dreamland Fruit Farm near Chandler. Its produce won medals at state fairs and was exhibited at the 1904 St. Louis World's Fair. Although firmly rooted in the new land, Leon Fouquet returned to France to visit family and friends.
This interest in communicating with relatives in France and visiting home has generally characterized French immigrants. Over the years the emigration and immigration rates remained relatively stable, though by comparison with other ethnic groups the numbers were small. Migration from France has been characterized by individual decisions rather than by large groups. Once settled in America, French people preferred living in individual units rather than ethnic communities. Nevertheless, they have shown a lively interest in promoting French tradition and heritage. In 1884 the Alliance Française was established in Paris to foster France's language, history, and culture. A federation of alliances emerged in the United States in 1902. In 1955 Alliance Française groups formed in Oklahoma City and in Tulsa. Both offer programs and activities to members of French ancestry and non-French who are interested in the culture.
Many distinguished Oklahomans have claimed French ancestry. The parents of Julien C. Monnet, who built the School of Law at the University of Oklahoma during thirty-two years as dean, emigrated from France during the Napoleonic upheavals. Renowned historian Angie Debo had French forebears who lived in the Prussian lands conquered by Napoleon Bonaparte and immigrated to New Orleans after his defeat. Her grandfather Peter Debo, having a French father, was in her words wholly French in feeling despite being born of a German mother in French-occupied Prussia. It would seem that the French have left an imprint in Oklahoma history out of proportion to their numbers and notwithstanding their “assimilativeness”.
Anne Million
My maternal G-Grandfather, Philip Byers Harbin, married Elizabeth Eleonore"Hanna" Mallet. Her ancestor was Pierre Mallet b. 1631, Paris, Ile-de-France, France, who emigrated to Montreal, Quebec, Canada. His grandson was Pierre Rene Mallet b. 1699, Montreal. This line settled in Vincennes, IN, after 1750, where my grandfather was born. I have heard this story in my family in the past. It is quite likely that this Pierre Rene Mallet is our boy. I have been to the old Catholic Church Graveyard in Vincennes where many Mallets are buried. Hanna and Philip are buried in Wheatland, Steen Twp, Knox Co, IN in an old Church graveyard. I have been there too and it is out in the sticks. BTW--Red Skelton is from Vincennes. When I was last in Vincennes, the old church was being renovated. It was quite the ornate little cathedral. When facing the front of the cathedral, the very old graveyard is on your right. St. Francis Xavier Cathedral.
I should add that my middle namesake is Philip Byers Harbin. His son was Mason Philip Harbin. Those pesky naming patterns :-)
Stephen “Steve” Philip Matthews
p.s. The next time you eat frog legs, you may be eating my cousins. There is a restaurant in Earlsboro, OK that fries some darn good cousins :-)

Wednesday, February 28, 2018

Due Process

Florida has a statute that could have had Cruz hauled in, legally, based upon "probable cause" and held until bail could be made. His weapon[s] could also have been seized as evidence. A lot of folks seem to be upset with Trump for his statement today, 'Take the guns first, and go through due process second'.
Some folks are confused about what is in the 4th & 5th Amendments & are doubly confused by the Due Process Clauses. "Unreasonable" & "Arbitrary" are your key words. You might want to bone up on this a bit before accusing anyone of unreasonable or arbitrary application of Due Process.
BLACK'S LAW DICTIONARY 9th edition. Arbitrary: depending on individual discretion, determined by a judge rather than by fixed rules; procedures or law of a judicial decision founded on prejudice or preference rather than on reason or fact.
Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. When is SEARCH AND SEIZURE UNREASONABLE? 1. An unlawful search conducted with no legal authority 2. A search that is harsh and intense that violates rights of the person being investigated.
I take no exception with Trump’s quote. That’s how it works folks. If there is objection, take it to the court and let them sort it out. In the meantime, the firearm[s] are locked up in evidence.

Sunday, February 25, 2018

The Constitution and the Bible

There are two items in my library that I consider the most important in understanding who we are, why we are who we are and why we are not what this Democratic Party envisions. What our forefathers achieved is unprecedented and the most important works ever achieved by mankind. As with Jefferson, the Bible is the penultimate in understanding.
I have a book entitled, "Thomas Jefferson: On Democracy", collated by Saul K. Padover. It is a book containing 282 pages of letters written by Thomas Jefferson. If one reads it, it will be abundantly clear the mind behind the Constitution and this Republic. He made it clear the distinctions with Republics, Democracies, Monarchies, etc. There are facets of both Republics and Democracies inherently designed in our system. For those of you who think we are a Democracy, you are correct. The House of Representatives is your Democracy, elected by popular vote. The Senate was never designed by Jefferson to be elected by popular vote and for good reasons. Each Senator was appointed by the legislatures of each state, making them beholden to the State, not by popular vote. That remained true until the greatest mistake made in our history, the 17th Amendment. In fact, there are no useful Amendments beyond the original Bill of Rights.  It should be repealed and it is my hope that it will be. By design, the Senate, the Executive Branch and the Judiciary checked the Democracy and formulated the Republic. It is drawn out in our Constitution, as Amended, and that design was the mind of Thomas Jefferson.
Jefferson was our Ambassador to France, primarily, at the time the crafting was done, largely by its author, James Madison, another Virginian; one of 6 from that Commonwealth who served as President.
Madison not only authored the Constitution, he took copious notes on the entire process, which are the minutes of the ratification process. Thomas Jefferson was his protégé in all things, but most especially with respect to the Constitution. It is these notes/ minutes that are the other of the most important documents in my library.
What you will come to understand by reading both is why we are what we are. You will also come to understand his words are even more pertinent today than they were even then. You will understand that the arguments on every issue today are the exact same as they were then. You will further most likely agree that no Amendment beyond the Bill of Rights has a useful place in that Constitution. It was complete in 1789. It is simply the lack of understanding the Bill of Rights that gave us all the rest.

The arguments made back then between the Convention delegates from New York and Virginia are the same we have now. I should also point out that also holds true between the presidents elected from those two states. The arguments divide between the minds of Jefferson and Hamilton; the same divide between Federalists and Democrat-Republicans. It should be pointed out however that the latter party became divided by President Jackson in philosophy and understanding in 1820. That same divide exists in that party today.
Jefferson wrote letters on every subject pertinent today as it was then. Give me a subject and I will provide you with a letter from TJ. Jefferson did not just write these letters willy-nilly. They were solicited; before, during and after the Ratification. The great minds of that time of Enlightenment still were seeking his wisdom until his death. Some of us still are point of fact. There is no mind short of our creator that has a match to his mind, before, now or since. Hamiltonians remain jealous of his mind and continue to argue against him to no real avail. They win some battles but always lose the war in the end—the pendulum swings to and fro but always comes down to balance, as it is right now.
Hamiltonians hate the electoral process while Jeffersonians love it and for the same reasons then and now. We are a Constitutional Republic and it is that electoral process that maintains that distinction. It is that same electoral process that makes it difficult to amend the Constitution. It is amended by the States, by design, not a popular vote. Folks who wish we were a Democracy need to get over it. Democracies are a worldwide dime a dozen and most reside south of our border. What Jefferson said about them is neither complimentary nor politically correct but it is the damned truth. The same can be said of his views on mass immigration—they are neither complimentary nor politically correct but it is the damned truth. PC was not in Jefferson’s vernacular nor is it in my own. If you want PC, get a hamster with which to argue.
There seems to exist today an argument of Hamiltonians, a preoccupation if you will. Below is what Jefferson stated on the matter and it is instructive. It also provides a glimpse of his larger mind on the subject. Please note too that the issue is the same today as then. It is the SOS—Hamilton vs. Jefferson, north vs. south, east vs. west. It is the electoral process that stands between these United States and becoming a socialist banana republic like Venezuela. It is only that which prevents our being as ignorant as they have been kept by their priests and their despotic leaders. “Ignorance in South America may keep the people enslaved” TJ. I think I can stipulate that it has. Jefferson goes into much greater detail on our differences with South America. Again, it is none too flattering but it is as true today as it was in his day and it is self-perpetuating. It is steeped in abject ignorance and poverty. If you think money drives our politics, just turn, face south and thank God that you live in a Federal [Federation] Representative Democratic Constitutional Republic. They have one religion and one leader, the Aristocracy. Keep up with your nonsense and we might be just like them one day.
Thomas Jefferson – from “Notes on the State of Virginia”
But are there no inconveniences to be thrown into the scale against the advantage expected from a multiplication of numbers by the importation of foreigners? It is for the happiness of those united in society to harmonize as much as possible in matters which they must of necessity transact together.
Civil government being the sole object of forming societies, its administration must be conducted by common consent. Every species of government has its specific principles. Ours perhaps are more peculiar than those of any other in the universe.
It is a composition of the freest principles of the English constitution, with others derived from natural right and natural reason. To these nothing can be more opposed than the maxims of absolute monarchies. Yet, from such, we are to expect the greatest number of emigrants. They will bring with them the principles of the governments they leave, imbibed in their early youth; or, if able to throw them off, it will be in exchange for an unbounded licentiousness, passing, as is usual, from one extreme to another. It would be a miracle were they to stop precisely at the point of temperate liberty.
These principles, with their language, they will transmit to their children. In proportion to their numbers, they will share with us the legislation. They will infuse into it their spirit, warp and bias its direction, and render it a heterogeneous, incoherent, distracted mass.
I may appeal to experience, during the present contest, for a verification of these conjectures. But, if they be not certain in event, are they not possible, are they not probable? Is it not safer to wait with patience 27 years and three months longer, for the attainment of any degree of population desired, or expected? May not our government be more homogeneous, more peaceable, more durable?
Suppose 20 millions of republican Americans thrown all of a sudden into France, what would be the condition of that kingdom? If it would be more turbulent, less happy, less strong, we may believe that the addition of half a million of foreigners to our present numbers would produce a similar effect here. If they come of themselves, they are entitled to all the rights of citizenship: but I doubt the expediency of inviting them by extraordinary encouragements.
I mean not that these doubts should be extended to the importation of useful artificers. The policy of that measure depends on very different considerations. Spare no expence in obtaining them. They will after a while go to the plough and the hoe; but, in the mean time, they will teach us something we do not know. It is not so in agriculture. The indifferent state of that among us does not proceed from a want of knowledge merely; it is from our having such quantities of land to waste as we please. In Europe the object is to make the most of their land, labour being abundant: here it is to make the most of our labour, land being abundant.
Query #8

Saturday, February 24, 2018

Was Cruz Subject to Arrest in This Case?

The Court [Elonis vs. US] noted that had Elonis typed these words out and “snailmailed” them to his ex-wife, it would almost certainly constitute a criminal threat, because it was made directly to the intended victim and thus counts as evidence of mens rea. (The Court didn’t use the term “snailmail”, of course—and referred to Facebook as a “social networking Web site.”) Presumably, if the text was emailed—or maybe direct-messaged?—it would also, thus, be a criminal threat. The Court itself didn’t go to the First Amendment protections, it instead basing its ruling purely on the federal criminal statute. 18 US Code, various paragraphs.
Most crimes require what attorneys refer to as "mens rea," which is simply Latin for a "guilty mind." In other words, what a defendant was thinking and what the defendant intended when the crime was committed. Mens rea allows the criminal justice system to differentiate between someone who did not mean to commit a crime and someone who intentionally set out to commit a crime.
The US Supreme Court disagreed and overturned the decision 7-2. Threatening language is not enough. Targets feeling threatened is not enough. Criminal law requires mens rea, an “evil mind,” and in this case, the Court held that there must be some specific intention to threaten. Since that wasn’t established in this case (and since Elonis assiduously denied having it) the Court threw out his conviction.
Would the Cruz threats have been sufficient to establish a specific intention to threaten? How about this, arrest his ass and let POTUS decide. Hell, if you squirrels have no more nuts than to send Martha Stewart to prison and not Cruz, you are even more evil than Cruz!