Hops & History in Bozeman--Tonight's Talk, Goats and Stars: German Brewing Traditions in the American West
It is really fun, to contrast and compare different states, their histories, traditions, politics, constitutions, the people, legislatures, churches, and alcohol practices. You would never see, and article like, A brewing tradition: Beer has starring role in history of Montana, the West, on the front of any newspaper, in Mormon Church controlled, Utah, with 3.2 water beer, limited liquor licenses for restaurants, laws prohibiting serving beer before the food is served, with beer cops; state run liquor stores, that don't open until 11:00 a.m., no beer sales on Sunday . . . you get the picture!
While I am not a beer or alcohol drinker, a Teetotaler, as my daughter, Greta Secrist Hyland, states in her article in Utah Adventure Magazine, entitled 3.2, or her comment on small town, rural Utah, with little to invite visitors, by way of night life, or available beer, alcohol, etc., as she stated on her blog, The Southwest Journal, I do respect a person, not of the faith of my youth, to enjoy a beer or other drinks of an alcoholic content, after a hard bike ride on Slick Rock Trail, in Moab, or after hiking in Arches! There is a great country song, that is kind of culture shock for a young, Tennessee cowboy, travelling around the world for the first time, that people don't all watch NASCAR, sing Amazing Grace on Sundays, drink an ice cold beer, etc.
Missing One Key Element to Successful Restaurant--Liquor License!
Many a good restaurant, like the Red Dog Grill, up highway 18, near Dammeron Valley, that used to have great food, homemade pies, fresh cut fries, and locally grown beef, but lacked the one key ingredient, it needed to survive, in this tourist town, close to Zion National Park, and the Golden Circle, of national and state parks, within a 100 mile radius of St. George, Utah--a state of Utah liquor license, their survival, she told me a year or so, before the grill closed, not for lack of good food, but because they could not serve a beer with the steak!
The St. George, Iron Man, went from a full day event to a half day event, same issues, great place, nice people, beautiful scenery, but visitors had a hard time with no night life, or access to beer and alcohol, a long held resistance in Mormon Utah, the state sanctioned religion, I guess Congress shall have no, law respecting the establishment of religion; however, the shockingly unconstitutional state of the state, in Utah, has an even stronger prohibition in their own state constitution! But I guess, Prophet, Joseph Smith, was just joking when he came up with the Mormon, Articles of Faith, when he suggested obeying the laws of the land!
People thirsty for knowledge of Montana history . . . can attend the second event in the museum series tonight from 5 to 7 p.m. The $5 admission includes a free glass beer tasting and a short history talk at 6 p.m. Patrons, must be over the age of 21, even in Montana . . . it is until death for the drinking age in Utah! LOL!
Montana's Constitutional Attitude v. Utah's Unconstitutional Attitude
Don't confuse, Utah with the facts, when it comes to the constitution, I have tried for 20 years, to no avail! The District Judge from Montana, gets it . . . the 10th amendment in the U.S. Constitution, protects states from an overbearing, overreaching, federal government, but is also, curtails, and limits, states rights, doctrine, starting with the rights, granted the federal government, expressly written in the document, itself . . . leaving all else to the states and the people!
AMENDMENT X
Rights Retained By The States and the People
The powers not delegated to t[5he United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people. As is generally, the case, there is more than one section, or level of analysis, that must be considered to come to the right constitutionally based, conclusion, holding, or ruling, in addition to law, statute, or proposed bill, before the legislature, or issue, coming before the court. With the third branch of the government, under Article III, the judiciary, in the two landmark cases, of the United States Supreme Court, stating, in Marbury v. Madison, 1803, A law repugnant to the Constitution, is void. Followed by the other prong of the test of constitutional laws, coming from McCulloch v. Maryland, 1819, finding, by way of interpretation, the court's job, the need to Let the end be legitimate . . . and all means which are . . . consistent with the letter and spirit of the Constitution, are constitutional.
There person, doing the interpretation or constitutional analysis, must actually either be familiar with the Constitution, or know, where to look, or where to find, the law, the supreme law of the land . . . starting with the three branches of government, at the first of the document . . . Article I, deals with the legislative branch, or Congress; Article II, is where to find the executive branch, under the President; and Article III, gives the details on the judicial branch, the three branches of the federal government, the balance of powers.
The first thing a student of the Constitution would do, or a scholar would do, is research the various branches of government and see if the power, we are wondering about, is actually, even mentioned in the Constitution itself. Article I, Section 8, the section dealing with the powers of Congress, there is an exhaustive list of what those powers, consist of . . . [4] To establish a uniform Rule of Naturalization, now, I know, that word, is talking about the immigration process, or becoming a natural citizen, which is also mentioned in the 14th amendment, Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
So, We Can See That Naturalization or Immigration, With the Process of Naturalization, is One of the Powers, that Belongs to the Federal Government, Through Congress
In Article I, Section 3, I believe, of the Utah Constitution, it mentions that Utah is an inseparable part of the Union, and the Constitution is the supreme law of the land, whether, you like it, believe the Mormon Church rules, or you have wiggle room on this issue, or you don't like Hispanics or other emigrants! Anything more or less than the Constitution, holdings in cases, before the United States Supreme Court, or courts of inferior jurisdiction, also courts of general jurisdiction, who might be called to make a constitutional call on a statute or law, adopted by the legislature or the people, through a referendum or ballot initiative, is not an option!
The law is the law, is the law . . . know your rights!
A particular religious belief, or personal prejudice, common attitudes, customs, and cultural ideas and morals, have nothing to do with a constitutional analysis . . . is it any wonder, Christ was without honor in his own hometown . . . that is the carpenters son! I have tried to get this point over to the state of Utah, for 20 years, in meetings, legislative committees, in the courts, on the streets, and in the schools . . . she is a BYU law graduate, Dick and Helen's daughter! I don't care if I am the Tooth Fairy . . . the law is the law! This is not the law according to JoAnn, but the law, according to the U.S. or state constitutions!
People tend to like my doubles better, they are nicer, obey, listen . . . well, yes, if you don't know what the hell you are doing, or don't know the damage you are doing, with a lame interpretation, you might be nicer; however, this is what I took an oath to preserve, protect and defend, I don't take it lightly! Nor do I handle it well, when others, judges, the legislature, prosecutors, cops, etc., try to recreate the law according to the Mormon Church or local practice! I may be a legal diva, but, really!
This is the Type of Analysis That Gets the Right Answer!
The law, whether in the U.S. or state constitutions, coming from a legislative body, such as the normal suspects, but city councils, county commissions, special service districts, are all bound to the supreme law of the land, starting with the plain language, if it is clear, that is as far as it goes; however, if it is not, you go next to the intent behind the law, or the history, or both . . . often, looking at the Declaration of Independence, will give you the historical context, to determine what the founding fathers, intended to accomplish, and that is often tied to the abuses, they received under the British Crown, King George, in particular!
If you have an issue that is futuristic, so to say, take the basic principles, that are being addressed, even with modern technology, computers, as modern papers, protected from unreasonable searches and seizures; or GPS tracking systems, being a violation of the 4th amendment, due to the court, interpreting the device, used on a vehicle, ruled to be an effect, listed a protected items, with persons, papers, houses and all those items entail, in a new world of technological advances, but still retaining an expectation of privacy!
Courts Are There to Settle Disputes in the Law, Determining Constitutionality
The law, should have a great level of predictability, just doing those basic analysis; however, there are times, when things like probable cause, or listing with particularity what is to be searched or seized, needing a little more fleshing out, interpretation, or understanding, with tests, and elements, to make it more clear to cops, prosecutors, judges, or attorneys, in general. There are some gray areas of the law, that do need a more skilled mind to look at the resolution of a conflict, with attorneys, on both sides, making their best arguments to the judge, who then renders a decision.
Like it or not, agree with it, or not, that is our system, our Constitution, the law! The beauty of life, is if you don't like the system or the flag, you live under, you move! There are not two competing Americas . . . and anything or one, deviating from the purposes, basic tenants and concepts of liberty, freedom, property, and the pursuit of happiness, is wrong, and should move to a nation with a system they prefer better, don't create false flag attacks, then take away right! I may be mean, but there is such a thing a treason . . . and those levying war against the people, or giving aid and comfort to our enemies, has committed a CRIME!
You might consider, constitutional law, preserving, protecting and defending the Constitution as a blood sport to me . . . so be ready for war! I don't need to cheat, the law is on my side, the high road is always, the U.S. Constitution, void laws, like the Patriot Act, if you can disgustingly call it that, are void, as a matter of law, meaning, we the People, don't need a court to find it that way, it is already, not the law!
Judicially Created Teeth, Solidify Rights Under the Constitution
Miranda, or the reading of rights to a person, being detained to arrest, or incarcerate, is entitled to be read their rights . . . the courts, created this doctrine, to give teeth to the 4th, 5th, and 6th amendments! Once the United States Supreme Court, ruled, around 1963 in Arizona v. Miranda, or the reverse on appeal, law school, and that case, was learned a long time ago, but every TV show and movie, with cops in it, or interrogators, showed Miranda rights being read!
This is one of the gray areas of the balance of powers, traditionally and constitutionally, Congress makes the laws, but case law is also used to interpret, what a particular amendment, or section in the Constitution means! Racial profiling, is also one of those more clearly defined prohibitions, under the 14th amendment, with due process and equal protection clauses and mandates, not to discriminate! People are just not sophisticated enough to distinguish one Hispanic, Black, Asian, etc. from another, nor can cops, sitting in their squad cars, distinguish which vehicles, they have probable cause to search or seize, by license plate reading machines, especially when the U.S. Supreme Court, has stated that cops and law enforcement are not entitled to use technology that is not in the use of the general public! Stingray, anyone, license plate scanning, anyone, anyone?
That may make law enforcement harder, more burdensome, more timely, as do warrants, and such, but guess what, that is our system, move! Citizens have to abide by laws the legislature passes, and cops have to follow, the Bill of Rights, even if you think I am a bitch! If a cop, can't follow the rights, that founding fathers created for citizens, and we the people, over 238 years ago, they should not be cops, cheating, or circumventing rights, makes it appear, that you didn't have a case, evidence, or whatever. And in U.S.A. v. Jones, the court said, no matter how big the drug king-pin is, that is no excuse to allow the cops to violate the 4th amendment, by putting a GPS tracking device on a car, without getting a warrant, listing the probable cause, affirmed by oath and affirmation, listing what it is you are trying to get!
Governmental Immunity--If Cops Follow Well Established Law, Rules, Policy and Procedures, that are Constitutional in the First Place!
Despots, tyrannical governments, totalitarianism, and fascism, don't belong in America, like I said, nothing is stopping a dissident from going to a country, that better suits their form of government and laws they want to follow, you don't get to be Nazi SS men and women! Sorry, we don't think Hitler, Stalin, and Mussolini were cool, nor Mao Se Tung! There systems didn't do particularly well, and we are going on 240 years, of relative peace.
Stg. Bengdahl, may have said he was embarrassed of America . . . that was because of stupid policies started by Bush and Cheney, and President Obama, trying to get us out of their insanity! We can look at him as the Prodigal Son, welcome him back home, but hold him responsible for the consequences of his actions, desertion, and risking the lives of other soldiers, but he was there, young, there is a reason, 18 year olds, go to war, and thank God for them, many of Bengdahl's critics are not brave enough to put a uniform on, in the first place. He had a wife and child, what the hell else was he suppose to do for the last 5 years, sit and pick his nose?
Captives often sympathize with their captors, if you don't deal with reality, it will deal with you . . . he was in survival mode, better than torture or death mode, judge not . . .
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