LEGALIZE THE CONSTITUTION--HOW DO WE FIX THIS COUNTRY, OVERNIGHT? START FOLLOWING THE CONSTITUTION! 28 OF THE 36 SIGNERS, AND 50 OR SO INVOLVED, WERE LAWYERS, AND BELIEVE ME, THEY KNEW WHAT THEY WERE TRYING TO ACHIEVE! STOP BITCHING & MOANING THAT THE GOVERNMENT IS DONE, BLAH, BLAH, BLAH--THAT IS TOTAL BULL SHIT! COMMENTS: NATIONAL--HOMELAND SECURITY VS. IMMIGRANT WORK PERMITS, AND BILLIONS OF DOLLARS DEPORTING THEM--WE CAN START COLLECTING TAXES ON 5 MILLION PEOPLE'S PAY CHECKS! PLUS AS WHITE AMERICANS, REFUSE TO HAVE CHILDREN, THE HISPANICS ARE PICKING UP THE SLACK, AND REPLACING CONTRIBUTORS TO THE SOCIAL SECURITY SYSTEM! STATE: WATER COMPACT--FISHING RIGHTS DON'T EQUAL WATER RIGHTS! THE INDIANS, AS WELL AS FARMERS AND RANCHERS, WERE TO "CALL" IN ALL THEIR WATER RIGHTS, BETWEEN 1973 AND 1983--CHECK OUT THE MONTANA STATE CODE, UNDER WATER! YOU ARE EITHER GOING TO FOLLOW THE CONSTITUTIONS--BOTH THE U.S. AND THE MONTANA, PLUS THE CODE AND WATER LAW, OR YOU ARE NOT! EVEN WITH A REPUBLICAN CONTROLLED HOUSE AND SENATE, THE LEGISLATURE VOTED TO CONTINUE PUBLIC BENEFITS TO THE POOR FOR FOOD STAMPS--ONE FOR THE COMMON MAN, THE STRUGGLING MAN AND HIS/HER FAMILY, ONE FOR THE ELDERLY, THE DISABLED, AND THE VETERAN! KUDOS, BIG TIME! LOCAL COMMENTS: BREWERY OWNERS, TAKE JUST ENOUGH OF THEIR PROFITS TO LIVE ON, AND CONTRIBUTE THE REST TO CHARITY--IMAGINATION NATION--YEAH, IMAGINE, IF WE CARED FOR EVERYONE, LIKE WE CARE FOR OURSELVES! WHAT A GREAT EXAMPLE! AND A BEAUTIFUL NEW BREWERY, GORGEOUS BAR--IMAGINE THERE'S A HEAVEN! RATTLESNAKE CANYON STUDENTS AND FACULTY BUILD A FRIENDSHIP BENCH, "U" SHAPED FOR THEIR PLAY GROUND, AS AS ANTI-BULLYING LAWS GO THROUGH THE LEGISLATURE, TELLING STUDENTS WHAT THEY CAN'T DO, WHICH IS GOOD, RATTLESNAKE ELEMENTARY IS TELLING THEM WHAT BEHAVIOR CAN REPLACE BULLYING--BEING A FRIEND--CUTE PICTURE ON THE MONTANA SECTION--KIDS THAT FEEL LEFT OUT, SIT ON THE BENCH, AND WHEN OTHER KIDS, NOTICE THAT THEY NEED A FRIEND OR SOMEONE TO PLAY WITH, THEY GO GRAB THEM BY THE HAND, AND INCLUDE THEM IN THEIR GROUP--WHAT AN AMAZING IDEA, HOPE IT SPREADS NATIONWIDE! GOD BLESS AMERICA! I LOVE THIS COUNTRY! GOD BLESS THE WORLD, I LOVE THE WORLD TOO! WE ARE ALL IN THIS TOGETHER, DIVIDED WE FALL, UNITED WE STAND! KEEP UP THE GOOD WORK!

Instantaneous National Recovery!

Someone asked me the other day--JoAnn, how do you think we can fix the country?  I said are you serious?  Yeah, I want to know what you think would turn this country around and fix it.  I responded, then as I will now, start, simply, following the United States Constitutions, State Constitutions, and the basic founding principles, of rights, freedoms, liberties, and civil decency, that about sums it up, from going to war, with just two years appropriations, to naturalization and uniform immigration policies, to following Bill of Rights protections by law enforcement, to separation of church and state, freedom of the press, peaceful assembly, addressing grievances with the government, protections from unreasonable searches and seizures, protections against double jeopardy, through due process, protecting life, liberty and property, and with just compensation for a government taking, providing a public trial, a jury, representation, protections from cruel and unusual punishment, equal protection and due process for all!  Follow the separation of powers, for the executive, legislative, and judicial--with judges only sitting on the bench in good behavior and while they are adhering to the constitutions, and laws based on them!  It really is that simple!

The two general concepts that the founding fathers followed: (1) do all that you promised to do; and (2) do not infringe on others persons or property.  Let's take a look at the national, state and local scene and just apply these very fundamental--the fun-damentals of learning--principles to some of the issues, I mentioned above, and let's see where things play out, and how, Congress, state legislatures, and locals should vote, react, or support actions or oppose actions.  Just  simple little exercise in the realities of how simple it is to make up your mind, once you have the basic morals, values, and ideas behind the founding documents of the nation and state, effecting people throughout the country.  Over 100 countries, have used part, or some of our Constitution as a model for the drafting and designing of their own; therefore, there will be some carry-over, to the world audience also, which I dig!

HOMELAND SECURITY FUNDING vs. IMMIGRATION POLICIES

I always, like to lay a contextual framework and foundation for the court, or my readers; therefore, for some of you who are not up on the issue, or you don't know the background of what is going on in Congress right now, or are not as familiar with the issues, I will do my best with my limited knowledge, while sitting here at the William J. Jameson, Law Library, University of Montana, where my own daughter will be attending law school, next fall, if plans go as they should.  First, President Obama, using executive order, after waiting 6 years, to get Congress to pass, sweeping immigration reform and updating the naturalization process, with needed changes, to address some of the pressing issues, with the large number of Hispanics, who have crossed the borders, fleeing corruption in the government and police in Mexico, and seeking a better future for their children, have risked life and limb, to cross the borders, to get to America.  Many have had children, after coming to America, making the children of many illegals, legal naturalized citizens, entitled to all the rights and privileges you and I deserve as citizens!  The problem is, as ICE, the alphabet soup agency, who is in charge of checking the legal status of people, they may suspect of being in the country, illegally, Immigrations, Customs & Enforcement, cops, may find that a parent is in the country illegally, but the wife and children, or just the children, are actually citizens.  They are suppose to deport all illegal aliens, and send them back to their country, especially, if they commit a crime, a big time stereotype, racial profiling, lack of uniformity in the laws . . . so creating one hell of a problem!  

President Obama, gets petitioned by the family members and children, to pass legislation, or create some laws that would help the nearly 5 million people, in families, who are subject to deportation.  The process to become a naturalized citizen, takes, at best about 7 years, and I have heard of people trying for 20 years, so it is not an easy overnight process.  The President, is not proposing, or taking action, that would grant these people citizenship, he is just offering them work permits to stay in the country, starting the naturalization process, going from (1) work permits to (2) residency and (3) citizenship, which means taking a test of knowledge of the country--I think they ought to make all citizens take it, because those who jump through the hoops, to become a citizen, have to actually know what the hell this country is about!  And, by doing so, become even more grateful for their precious rights of being citizens, protected by the United States Constitution, while people like President Bush, who blew the Constitution out his ass, by passing the Patriot Act, don't give a rat's ass about rights, freedom, liberties, and protection, as long as they are part of the covered or elite class of individuals, like cops, of all flavors, and chosen people, much like Hitler's SS men and their Frauleins!

Are Deportations Good Public Policy and Good Public Health?  NO!  Splitting up Families, is NEVER a GOOD Idea!

Deportations, cost the American tax payers, as shit load of money, plus the law enforcement officers, who have to track down the illegals, and split up their families, leaving many languishing in federal immigration detention centers, around the country for months and years, waiting to get a hearing before a special, federal immigration judge, who will determine, whether to deport them or not!  Often this takes the soul bread winner out of the family unit, forcing the mother to go back to work, leaving the children, unattended, or under-attended, just to put food on the table.  Many or them men and families are hard working, people who contribute to the economy, the military, and society at large.  I have heard of Hispanics, who have saved the money to get an INS attorney, or a specialist, who deals with immigration, trying to make the move to America legal, and the attorney, takes their money, and calls in ICE to arrest them for immigration violations!  This is not a easy issue, nor are there simple solutions, but Congress, after refusing to act for 6 years, was stepped on, and the President, seeing the critical nature of the issue and the tearing apart of families, made an executive order, giving them WORK PERMITS, NOT CITIZENSHIP, and limiting their automatic deportation, yeah, airline tickets back to Mexico at OUR expense!

I was happy, to see, that several national police and sheriff's organizations, are backing the President's move and order, and are in favor of the new policy for naturalization, and start these people on the right path to citizenship, not just prolonging the inevitable, and the hardships that come with that process, and it can be arduous!  GOOD JOB!  So, looking at this through, our two prong test, we are doing all that we promised to do, come up with uniform naturalization and immigration policies, alleviating some of the pressure, and making things easier on our law enforcement, who gets, often caught in the middle of the feds trying to check on legal status and the state and local cops, trying to take care of their own jobs, and real crimes.  They mentioned, if I remember through my skimming the newspaper, that they wanted to work closer with the community, and didn't want these people going into to hiding to avoid being deported!  And I won't forget to mention the tax benefits and social security contributors, replacing, children, like my own son, Elliot, but he is not married yet--SO I DON'T WANT TO PUSH BABIES YET, but is sure the world is overpopulated, and for right now, doesn't think he will have children--PASSAGES!

Interesting that Republicans Are Holding Immigration Hostage, Saying They are Not Going to Fund Homeland Security

You have to remember, one thing, government does not create money, they don't bring in taxes, they just spend our money and our taxes.  I would say, that if President Obama's executive order, is let stand, and a federal judge, is saying that it violates the separations clause of the Constitution, with the Obama administration, and their cadre of attorneys in the Justice Department, saying it is okay, executive orders are fine, and they are, within reason . . . question is, did he cross the line . . . given the, do nothing Congress, NO!  And, if the executive order is allowed to stand, and Congress gets off their asses, and makes a bill, to make the order law, we don't need to fund a ton of ICE officers, because, Hispanics or others, having a work permit, are now here legally, and we save money on deportation also . . . SMART MOVE! 

Oh, what a relief it is . . .  5 million people, ICE doesn't have to lean on employers, factories, the hospitality industry, who needs the workers, and you solve all kinds of problems, clean up the country, in one fell swoop, fathers, are not in fear of being deported, they get that first step to citizenship, taken care of, taking away the fear of going to INS attorneys, who just might keep the money, not saying all of them do, I know some in Utah, and they are great attorneys, but I also know some real shysters!  So, the immediate terror of being in the country is gone!  We have restored, good public policy, marriage, and not breaking up families, and mothers being able to stay at home, while children are young, and need hands on help, or until the parents figure a mother can go back to work, so from a policy standpoint, which is a big part of legislative actions, this is fucking good thing to do!  Plus state and local cops, can go back to doing what they do best, keep the real bad guys off the streets, whatever their color, and stop worrying about, who has papers or not!

And by making the executive order law, we have satisfied the second prong of the basics of the Constitutions, don't infringe on others persons or property!  Cops want Hispanic, Black, White, Italian, Chinese, community leaders to be able to work with them in community policing.  An illegal or migrant worker, as in Caesar Chavez--I don't know if he was a citizen or not, status is a question, but a good example of someone who is a mover and shaker for a cause, may just be the voice of that community, and is hung up on some aspect of the naturalization process, and may be a huge benefit to the community, to stopping crime, or activating that segment of society . . . they can just relax and live, contribute and work, paying taxes!  Many illegals are paid under the table, even with e-verify!  Would it not be better to just give them work permits, so they can work above the table, employers and employees alike, can just relax and carry on business like the rest of us.

STATE

Montana State, Not Montana Nation, Confederated Salish-Kootenai Water Compact--Only U.S.A., of Nation Status Can Deal with Another Nation!  States Cannot, Even if Congress is Involved!

As a disclaimer, I have written on this issue, TO THE POINT OF EXHAUSTION, and I am sick of it . . . the state of Montana, is either going to abide by the founding and controlling documents or not!  This compact, as well as the other 13, that were extra-constitutionally agreed to violate, the United States Constitution, the Montana Constitution, Montana Law, Water Law, Treaties Law--Hellgate Treaty, of 1855 and I can't see that they have a leg to stand on, regardless of the fact that they have wasted tax payers money and are looking at wasting more, for nothing, whether they have fought over this for 15 years or not, if it is unconstitutional, as not only seen by me, but by a district judge, who ruled last year or the year before, the same way . . . unless, people just want to fight!

Neither the Alien and Sedition Act, the Patriot Act, nor the Salish-Kootenai Water Compact, Can Re-Write the Constitution, Which is the SUPREME LAW OF THE LAND!  In God's Name, What Are You Thinking?  Same With the Public Land Swap . . . Seriously, You are Sounding More and More Like Utah, Thinking the Utah and Montana Legislatures, Trump the Constitution, and if You Do, it--That Action, Becomes, the Law of the Land! What in the Hell, Do You Think the Civil War Was Fought Over?  It Wasn't Just About Slavery, But a Strong Federal Government, That the STATES CREATED!  You Don't Get to Fucking Change the Whole Fabric of the Nation, Because You Want to!

• just like the British, with an American colony, lost the Revolutionary War to us, and we became our own country, sovereign, and able to make our own rules, the Indians, lost the American Indian Wars, they ceded their lands, just like any other nation, who loses a war . . . we allowed them to be a nation within a nation, but they still have to answer to the United States, thus making them subject to the Constitution!  They don't get to go into the legislature, re-write the history of this state and country, and demand water rights they never, never, never, had, under the controlling document, the Hellgate Treaty . . . they, the Indian Nation, while separate to some extent, are still under the jurisdiction of the United States, they are not first in time, after ceding their lands!  I guess we could have continued to fight for the next few centuries, but we are much more civilized, and peace loving than the Mid-East!  We decided a better way to handle our problems, than continuing to kill each other, was to make a treaty, which under the Constitution, only nations can do, states can't . . . so rather than extinction, which was becoming inevitable, the Indians, ceded their lands . . . they only get the use and benefit of the land, and the water needed for that use and benefit, in fact, water is not even mentioned, and the right to fish is not a water right!  Period! 
• I don't know where the attorneys, get this, we are going to "call" in Indian water rights from?  In, 1973, the Montana Legislature in all their wisdom, wanted this issues settled, once and for all.  So, they did what is constitutionally required of them, they gave due process, notice and hearing, and said, that farmers, ranchers, whites and Indians alike, including those represented by the United States Government, or under the Bureau of Indian Affairs, all, had to "call" in their water rights, and record them with the county recorders office, in each of the 11 counties effected, or statewide, with no exceptions!  The first in time, doesn't start with the aboriginal state, back in the beginning of time, or the nation, it just means, that if there is conflict, the person, who had the water, first, gets a priority . . . people killed each other over water rights, are you kidding, this doesn't mean, before the Constitution, everything changed, after the Indians ceded their lands, Reclamation efforts, are buying back some of that land, and the water rights apurture to the land.  But, let's by way of example, say, that back between 1973 and 1983, two people came in claiming the same water rights, and I am very sure that happened, the county recorder, would go back in time, or look at personal records of sales of property, and what not, and find out who was the first in time, to actually have a right to that water right!  This was a means of conflict resolution, not giving Indians back their aboriginal waters, before the nation and state were formed!  Sounds like the thinking of Israel, they leave what had become Palestine for 2,000 years, and decide to come back, thinking they have every right, to take all the land!  Bull shit, they left. Even property concepts, like adverse possession and easements, show that you can't sit on your property rights, you have to act, and if the property right, of water rights, being connected to the land, is not recorded, during the time specified by the Montana Legislature, when they passed, that particular section of the law, TOUGH SHIT!  You lose that right!
• My, most educated guess, is that first, the federal government, probably didn't take the Montana Legislature serious, and failed to quantify the water needs of the reservation, which is an implied contract, or because the United States gave the Indians, use and benefit of the ceded lands, the water necessary to use that land is implied, as well as any growth that might take place.  But, in the reverse of the 10th amendment, the federal government, the BIA, or the Bureau of Indian Affairs, attorneys, or employees, just scoffed at the "call" to claim and record, all existing water rights!  And now they are trying to cover their asses, and protect the Indians, so they don't sue them, as they have in the past, for being negligent in protecting their rights, by not claiming and quantifying what they needed to run the reservation!
• that, as stated in the Montana Enabling Act, the very first page of the state constitution, before you actually get to the Constitution, which by the way, gives all water in the state to the state, without any mention of the reservation, and it clearly, susinctly states, that the federal government, has sole jurisdiction over the Indians!
• why would any Montanan, fight for the compact, that is going to cost them $55 million dollars, they don't have to spend?  Bribes?  Do what you want, as for me and my house, we will follow the Constitution!

DO THE RIGHT THING!  THE COMPACT IS UNCONSTITUTIONAL . . . THE LAW, IS THE LAW, IS LAW . . . KNOW YOUR WATER RIGHTS!

 Just By Way of Parting, I Want to Recommend, a Couple of Monuments, to You, if You are Visiting Montana, This Summer . . . One, Talking About the Indians, is Where Custard Had His Last Stand . . . I Think It is Called, Sitting Bull and there is One in the Great Falls Area, the Gateway Town to Great Scenery and this Monument . . . Sorry, I am a New Comer to Montana, and Don't Know the Names, but there was an Article in the Missoulian, Sunday, February 15, 2015, One for Each Monument, Wanting More Exposure and Tourists . . . This is a Public Service Announcement, I Haven't Been There YET!