Wednesday, February 4, 2015

FIREFOX--HOT HANDS (PAUL HARVEY'S, THE REST OF THE STORY, FROM EARLIER TITLE, NSA STOPPED ME FROM WRITING THE TEXT)--FIRST--HAPPY DAY--AMERICA LIVES, THE CONSTITUTION IS LEGALIZED, FREEDOM TO PEACEFULLY ASSEMBLE IS ALIVE & WELL, IN MISSOULA MONTANA . . . POLICE CHIEF, MIKE BRADY--SUPER COP--WITHDRAWS APPLICATION FOR GRANT TO HOMELAND SECURITY FOR MILITARIZED VEHICLE, TO CONTROL, RAINBOW FAMILY GATHERINGS, ACTUALLY, APOLOGIZED TO THE GROUP, PROMOTING LOVE & PEACE, AND SAID THIS WILL NEVER HAPPEN AGAIN! KUDOS, CHIEF, YOU ARE MY HERO, MORE THAN TOM BRADY, BECAUSE, THIS IS REAL LIFE, SOMETHING AMERICANS, DON'T WANT ON THEIR STREETS. VIA, EMAIL TO THE PUBLIC SAFETY & HEALTH COMMITTEE OF THE CITY, THE ISSUE WAS TAKEN OFF THE AGENDA, BUT THE CHAIR OF THE COMMITTEE, ALLOWED CITIZENS TO VOICE THEIR OPINIONS, AND HE REITERATED, THAT MISSOULA IS NOT FERGUSON, NOR GREAT FALLS, BOZEMAN, OR KALISPELL, AND WE LISTEN TO OUR CITIZENS, VALUE OUR WAY OF LIFE, RIGHTS, AND TRADITIONS, WHILE CONCERNED WITH COMMUNICATION DEVICES, THAT THE VEHICLE MIGHT HAVE PROVIDED, IN CASE OF AN ACCIDENT, THE COMMITTEE, DECIDED, THAT THEY COULD TALK TO THE FIRE DEPARTMENT, TO FIND OUT HOW THEY COMMUNICATE IN THE CASE OF A FIRE--LAST WINTER, THERE WAS AN AVALANCHE THAT, AS I RECALL, KILLED TWO PEOPLE, UP RATTLESNAKE CANYON, MOUNT JUMBO AREA, AND TRAPPED SEVERAL MORE FOR HOURS . . . LET'S GET OUR COPS, THE EQUIPMENT THEY NEED, TO SERVE AND PROTECT US, BUT NOT GO BEYOND THE MARK, GETTING WAY MORE THAN WE BARGINED FOR, BEING FORCED TO USE THE PAPAMILITARIZED VEHICLES, TO JUSTIFY THEIR PURCHASE! THE AMOUNT OF TRUST CITIZENS, GAINED AND THE RESPECT, JUST TRIPLED IN MISSOULA; PEOPLE FELT LISTENED TO, RESPECTED, BOTH AT THE MONDAY MEETING, AND THE ONE THAT JUST LET OUT, THE 12:30 P.M.--THIS IS THE WAY GOVERNMENT SHOULD WORK . . . NOW, I WILL WRITE SOME OF THE STUFF, I MENTIONED THIS MORNING, ON PROPOGANDA MACHINES, SUPER BOWL GRIEVING PROCESS FOR THE SEAHAWKS, THE CKST WATER COMPACT, THE "PURPORTED" PILOT BURNING BY ISIS, AND SOME GREAT COMMENTS, FROM BOSTON'S MAYOR, ABOUT BUILDING TRUST IN YOUR COMMUNITIES . . .

Richard Sherman's Look, After Patriot, Rookie, Malcom Butler, Intercepted Seahawk's Ball, on the 1 Yard Line!  PRICELESS!

FUNNY AS HELL . . . VU LEE, 33-YEAR-OLD VIETNAMESE IMMIGRANT WHO RUNS A SEATTLE NON-PROFIT!

Prior to moving to the Seattle area, Vu, knew nothing about professional sports when he started cheering for the Seahawks during the team's Super Bowl run last year.  On his blog, he tried to draw lessons from the loss for the non-profit world, spelling out what he called Seattle's "stages of grief":
  • Denial
  • Righteous Anger
  • Hot Yoga
  • Organic Juice Cleanse
  • Bargaining at the Farmer's Market
  • Composting
  • Existential Despair
  • Biking to Happy Hour
  • Acceptance of Marijuana
Le said, Tuesday he doesn't regret getting on the Seahawk's bandwagon.  "When you care about something, you risk getting your heart just squashed," he said.  "But when they win, like last year, it was amazing." Great list, and thanks, Missoulian, for printing it . . . we have all lost a time or too, so we know what it feels like to have your heart squashed!  LOL!  And so, Seattle-ish!  LOL!

Propaganda Machine At Work In Montana!

Montana Legislator, Wants to Pay, $55 Million for Passage of the Water Compact, in Violation of the "Compact Clause" of the United States Constitution: Hopefully, Cooler Heads, Will Prevail, Governor Bullock!

You always, wonder, what is up, when someone, totally, is willing to ignore, the United States Constitution, the Montana Constitution, the Montana Code, Water Law, and the Enabling Clause of the state constitution, making Indian Tribes, the sole jurisdiction of the United State government!  Now, I was asked, two years ago, March, to help, a bunch of rancher and farmer's wives, who were fighting the water compact, if I would do a constitutional analysis of the proposed compact.  I willingly did so, without pay, and helped, table the compact, for 2 weeks, so the House Judiciary Committee, could review the compact, and reconsider the merits of the proposed compact.

Sometime around that period, being new to the state and the issue, I found out that a district court judge, ruled the water compact, as it stands, at that time, unconstitutional!  Okay, so we have one branch of the government, the branch in charge of interpreting the law and often the facts, according to the state constitution, that I am not as familiar with, as I should be, being totally ignored, and sent to the legislative branch, for non-legally trained, law makers, to decide, whether to agree to the compact, or not.  All of the members of the legislature, are sworn to uphold, both the United States Constitution, and the Montana Constitution . . . so what is the problem?  Possibly, some place in the law, the water compact, needs to be ratified by the legislative branch, to become law . . . but under what law?  Only the United States has jurisdiction, so what in the hell, is the Montana court, or the legislature doing?

April 20th, 2013 . . . I Recall Seeing 200 Indians vs. 200 Ranchers Up at the Legislature; I Testified Too!

Since I had been asked by rancher and farmer's wives, and concerned citizens of the Flathead County, a county very effected by the compact, I tried from January to April to get up to the session, to see what was going on, but had to keep going back to serve, clients from Utah, suspicious timing, always.  But, luckily, I showed up and saw the masses, that looked like a re-run of the American Indian Wars!  If I recall, the Indians, testified first, followed by the ranchers/farmers, and I distinctly remember, one of the ranchers, furiously state, that he would spend every last cent of his kids inheritance, to fight this compact!  Now, all of the sudden, we have all these grassroots, newly formed organizations of ranchers and farmers, that are now magically, in favor of the water compact, that I think is horrible, in addition to unconstitutional!

There is a great, letter to the editor, in the Missoulian, Wednesday, February 4, 2015--B5 by Dennis Leonard, Missoula, also one of 11 counties, and over 300,000 people the water compact will involve, called, CSKT WATER COMPACT: NAMES CHANGED TO HIDE UGLY TRUTHSAnd the truth is, why in the hell, would Montana, want to waste $55 million dollars of hard earned, tax payer's money, when, under the U.S. Constitution and Montana Constitution, the Enabling Act, or the contract, between the feds and the state, at the time of signing the document, all water's in the state, ground, spring, surface, etc., belong to the state . . . even the Hellgate Treaty, of 1855, is clear, that the Indians, ceded their interest in reservation lands, in favor of peace, money, homes, use and benefit of the water, unlimited fishing in traditional water holes, schools, etc.

A LEOPARD DOESN'T CHANGE ITS SPOTS, SO WHAT IS UP?

We as Montanans, even legislators, are not free, to re-write the law, at will, change the Constitution, to our liking, especially, when doing so, hurts the state, unless, someone paid you more?  We can't scream, foul, when the federal government oversteps its jurisdictional responsibilities and duties, then turn around, and fuck with the 10th amendment ourselves, as in taking away those expressly stated, dealings, of the federal government, assigned, by the states, themselves, and say, we are going to step in and take care of this one, when states are prohibited from having any treaties, alliances, which is just another word for compacts, agreements, or confederations, and specifically mentions, agreements or compacts, with Indians!  

The title of this blog is, The law, is the law, is the law . . . know your rights!  There is a delicate balance of power, between the states and the people, and the federal government.  All laws we pass, water compacts, included, cannot violate the U.S. Constitution, and be considered lawful, legal, constitution, or right.  Consistency is one thing, that we need to commit to!  I am aware that there are 13 to 18 other water compacts that the state has entered into with the Indians.  I am also aware, that Congress has to sign off on the water compacts.  But it is just, not the state's job, to come up with the compact, which is expressly prohibited, in the Constitution!  If the federal government, has sole jurisdiction or power to deal with the Indians, under both documents, then there is no fear, or should be no fear, regardless of the threat of lawsuits, years of drawn out litigation, etc., to have an ordered society, you must have a set of rules, laws, or a constitution, you all agree to follow . . . this has been laid out, long before I came to the state, so this is not about personality, or about favorite JoAnns, or about hidden religious affiliation, and getting rid of a separation of church and state!

Over the last two years, I have seen numerous attempts, to subvert the Constitution and standing law, for what, a shitty water compact, that fucks the farmers and ranchers, and re-writes a treaty that has been in existence for over 160 years?  Does this make sense?  I doesn't to me?  I agree with the letter to the editor, someone is hiding the ugly truth!  You can feel sorry for the Indians, that they got screwed, but, you can't change, the Constitution to right a wrong, or alleged wrong.  Perhaps, we have not done the Indians any favors, by not just integrating them into society, with no separations, like other cultures.  I know that Montana, and the United States have fully offered and it was accepted, that they, Native Americans, be given full Montana citizenship, which is great!  But, that does not mean we change our way of law, determining water use and rights, nor mean we have to give the Indians back, land they ceded for protection and peace with the white man!  

We Can't Hide the Ugly Truth, Either in Montana or Washington!  Propaganda . . . OUT, YOU DAMNED SPOT, to quote from Shakespeare!

Purported facts about pilots being burned to death in a cage, can be verified, certified and authenticated . . . the water compact is just a matter of law, there is not debate needed!  We have to start, as Americans, Montanans, Utahans, and the rest of the world, start to think in terms of the facts, the evidence, proof, and distinguish that from emotions, superstition, fabrications, fear, power and control.  We are distinguished from the animal world, by the fact that we can think, complicated, complex, paradoxical, and allegorical thoughts, that make us higher beings, on any food chain, even on the Bush Agenda 21, survival of the fittest scale!  

You must have guiding principles, documents, tenants, concepts, and agreed upon mandates, to follow . . . our society is not a theocracy, a democracy, but a representative form of government, based on the written laws, codified, in our books, based, first and foremost, on the founding document of the United States Constitution . . . fuck the Patriot Act chaos, the one world order, the Mormon version of a Mormon president of the world . . . not going to happen!  The constitutions are hear to stay, and they are not going anywhere soon, so sit back and enjoy the ride.

Gotta Love This American Ride!

Mayor Menino and the Law as an Instrument of Change: A Reflection on the Legal Legacy of Boston's Retiring Chief Executive

Yesterday, while at the law library at the University of Montana, I guess I ought to memorize the name of the law school, since my daughter will be attending it, in the fall, but I went to throw away the newspaper articles that I had used, and noticed oak, holders on the pillars, holding up the law school, and saw, on entitled, State & Local Law NEWS, put out by the American Bar Association, section of State and Local Government Law.  I first dismissed the law school newsletter, and thought, I could write that thing, since, that was the area, I focused on not only in my law school training, but in my choice of career, working with state and local governments, either on one side or the other.

But, my thoughts, of possibly getting stuck somewhere without something to read, or something to entertain, my active brain, I decided to take it along with me, just in case.  As, I sat drinking my Diet Coke, that I was swearing off, for the last drink, just like an alcoholic, eating the Russel Stover, Snoopy Chocolates, to limit my intact to just three chocolates, in a cute heart shaped box, and eating Lemonheads, that were in the Spot, bargain bin, for $1.00, I decided to take a bit of time and read the newsletter . . . I was particularly impressed with Boston's Mayor Menino, remarks, about state and local governing.  So, here is an abbreviated list of what I thought was great and might help a new mayor, cop, legislator, governor, congressman or woman . . . 

STEERING FREE OF SCANDALS AND CORRUPTION

  • I am skipping tons of acknowledgements and awards, the Mayor got over his 20 year tenure 
    • addressing issues faced by ex-offenders as they transition into the community on release.
      • For Mayor Menino, CORI, reform was not about allowing those who commit serious crimes to escape the consequences of their actions, it was about ensuring that the law was not a permanent barrier to employment, housing, and other opportunities for people deserving of a second chance.
    • Mayor Menino maintained that DOMA, or the Defense of Marriage Act, prevented Boston from treating its employees equally and that federal law should be changed. 
    • Mayors Against Illegal Guns (MAIG) has played a significant role in addressing the problem of illegal gun violence in American cities and has become a bi-partisan rallying point for cities seeking common-sense solutions to the firearms-fueled tragedies on their streets.
    • He allowed Boston Occupiers a forum for their beliefs so long as it did not threaten the public safety and welfare of themselves or other Bostonians.
      • Mayor Menino's deference to the First Amendment probably stems from his personal willingness to avail himself of its protections. 

    BEING AN ADVOCATE . . . BY GAINING THE TRUST OF THE PEOPLE

    • we have become the youngest city in America, bringing families and young professionals out of the suburbs and into our neighborhoods
    • the biggest change I have noticed, and the one I am most proud of, is how Boston has become a more inclusive and tolerant city
    • today, our city is thriving.  Our neighborhoods are ore diverse--we are a minority-majority city.  People of all different backgrounds live and work and play and worship side by side
    • How did all this happen?
      • the secret is simple: my team was able to change Boston's identity, and change the city, by gaining the trust of the people
      • having people's trust is so important.  It gives you the power to make big changes, but it means always paying attention to the little details
      • trust comes from being an advocate for your constituents.  It comes from giving people a voice, being there to listen, and letting them know that you are committed to be their champion, day in and day out 
      • violence among our city's youth had to stop . . . you see a need and you realize you can help
      • I wanted to bring a sense of togetherness, unity and hope
      • in another yearly tradition, my staff and I would go out and perform the homeless census.  On those frigid nights, I wanted to make sure that City Hall served all of its people, especially those who needed help the most
      • I would hold regular coffee hours in Boston's parks, where neighbors could come together and tell me about their communities.
        • they would let me know what the city was doing well, and what needed to improve
        • most importantly, they were reminded that as members of the community, they had a voice.  They were heard.  They had a say in Boston's future
    • I can tell you all of this, because at the end of the day, it is about the people.  It's always about the people . . .
    • that is what government leaders have to remember.  It is what mayors and city councilors, police officers and firefighters, teachers and attorneys have to remember
    • I urge today's leaders to remember what they were elected to do: serve the people.  Be their leader, their advocate, and their biggest champion
      • when you do that, when you do the little things to show the people that you truly care, you will earn their trust
      • and when you earn their trust, you can make amazing things happen
    • you can take a stand for what you believe in, even if it is a politically dangerous thing to do
      • you can defend the causes that make a real difference in people's lives, even if it goes against conventional wisdom
      • you can make your city, your state, and your country a better place, all because you have earned the people's trust  . . . you have earned their respect by being there for them
    • remember the human side of politics
      • earn their trust by being an advocate for them every single day
      • protect the groups that need an ally
      • stand up for people who need a helping hand
    • make sure the little things are taken care of--working streetlights, clean parks, businesses free from graffiti, reliable responses from city services--and the big things will fall into place
    • that is the biggest lesson I can offer from my 30 years in City Hall.  I am proud of all that my team was able to accomplish, and I hope that other cities can learn something from what we have done.  City leaders need a great vision, but they also need a commitment to the little things.  

    Every city deserves an advocate.  Every city deserves a champion.  Thank You, Mayor Menino!

    Thank You, Police Chief, Mike Brady, You are One of Our Quarterbacks, Here in the City . . . You Listened to the Voice of the People, Trust Was Elevated!      


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