Drumwaster's Rants

March 2007
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The jury has the right to determine both the law and the facts. -- Samuel Chase, Associate Justice of the Supreme Court, 1796


Thursday, March 29, 2007


Something to think about

Sithmonkey has a tale to tell.

Well worth the read, so waste no more time…

Posted by Drumwaster at 08:01 PM |

I gotta say this

It’s about time

Posted by Drumwaster at 07:15 PM |

Wednesday, March 28, 2007


I only got 8 out of 10

Coincidentally, those were the numbers I missed - 8 and 10.

How did you do?

Posted by Drumwaster at 10:59 AM |

Sunday, March 25, 2007


Those who ignore History

are doomed to repeat it.

Gee, thanks, Nancy!

Posted by Drumwaster at 10:46 AM |

Is there a Constitutional Attorney in the House?

I just ran across an interesting interpretation of the Fourteenth Amendment and I’d like some input…

Basically, this site is arguing that most Americans are considered “nationals”, rather than citizens, and the distinction is whether you were born in one of the 50 States (or any of the territories or outlying areas), or on Federal Land, over which Congress has “exclusive jurisdiction”. (Federal Land is Constitutionally defined as, “such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and ... all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings”.)

That particular description and strict definition of what qualifies as “Federal Land” changes the definition of what would qualify as a citizen of the United States, as opposed to being a citizen of one of the 46 states, 4 full commonwealths, 2 partial commonwealths, 3 territories, 5 minor outlying islands, 3 atolls, or the tropical coral reef. Only if the child is born in The Federal District (Washington, DC), inside a Federal Building or Courthouse, or at a vast number of military bases around the world does he or she qualify as being a “citizen of the United States”. The rest of us are “Nationals”.

It is that distinction that they allege gives them immunity from the IRS, since the IRS only has jurisdiction over ”US Citizens”, and not U.S. Nationals (those who are citizens of one of the States).

And because the Fourteenth Amendment specifically defines a US citizen as “born or naturalized in the [federal] United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” This dual nature of citizenship makes for an awkward argument.

But I have to admit, it sounds plausible.

Update: Reading further, it seems that much of their argument is of this hair-splitting type, including one that since “person” isn’t specifically and exclusively defined as “natural person”, the requirement that such termed be exactly defined means that natural persons are not subject to IRS regulations. If you wish to test their methods, feel free, but you do so at your own risk.

Posted by Drumwaster at 09:05 AM |

Saturday, March 24, 2007


How do you say

... “Please bomb the everliving shit out of us” in Farsi?

Well, however it is said, it seems to be a common statement in the halls of power in Teheran.

How else to explain away the deliberate provocation by Iran seizing 15 British sailors, and not only refusing to return them to the UK, but actually putting them on trial for espionage?

What’s worse, this is clearly a transparent ploy to gain bargaining chips after soldiers from Iran’s ‘Revolutionary Guards’ were captured in Iraq aiding the Al Qaeda insurgents, and they openly admit it:

Al-Sharq al-Awsat, a Saudi-owned newspaper based in London, quoted an Iranian military source as saying that the aim was to trade the Royal Marines and sailors for these Guards.

The claim was backed by other sources in Tehran. “As soon as the corps’s five members are released, the Britons can go home,” said one source close to the Guards.

He said the tactic had been approved by Ayatollah Khamenei, Iran’s supreme leader, who warned last week that Tehran would take “illegal actions” if necessary to maintain its right to develop a nuclear programme.

I think we could spare a few dozen Tomahawks and a spread of Harpoons against what little remains of the Iranian Navy - war games or no. They may be training hard to be the best that they can be, but they are still a “very good” junior varsity team coming up against the world-class standard. The ancient Persians may have been the first to create a serious naval power, but if they are still banking on what-used-to-be, they will be sorely - and unpleasantly - surprised.

“War is the remedy that our enemies have chosen, and I say let us give them all they want.”—General William Tecumseh Sherman

Posted by Drumwaster at 06:39 PM |

Thursday, March 22, 2007


I know some of you out there are cops or lawyers

Hell, both John Cross and Helo are law enforcement types.

But I have a question for the rest of us, too…

Should the Judicial System be set up more to punish criminals or to deter/prevent crime from happening? To punish wrongdoers or make it impossible for there to ever be wrongdoers?

Should jails be unpleasant hellholes that any sane person would avoid at all costs, or rehab/therapy centers where the penitent can learn how to properly interact in society?

And why?

Posted by Drumwaster at 04:26 PM |

Tuesday, March 20, 2007


Requiescat En Pace

Been a rough week-and-a-half, folks, and it is finally coming to an end.

So to speak.

I speak of the daughters as ”our daughters” and their wonderful offspring as ”our grandkids”, but only because I detest the designator “step-”. They are my wife’s daughters and grandchildren, and I just got really lucky - luckier than most lottery winners and probably more than I have deserved in this lifetime. (Obviously, I must have been REALLY good in previous lives.) But their pain is mine, and I would die for any of them. Or kill to protect them.

Bad news and something I can’t protect them from: the daughters’ uncle - their deceased father’s elder brother - just died. He was old, in ill health and in pain most of the time, so it wasn’t really a shock, but death is still distressing even when it can be seen as a blessing.

He and I spoke politely to each other, but we were never friendly. Hey, let’s face it - I was married to his (deceased) baby brother’s ex-wife, and it probably pissed him off quite a bit when the younger grandkids were calling me “Grandpa” (a greater shock to me, but we’re not talking about me).

Anyhow, the daughters are struck by this rather hard, since he was always kind to them. Keep them in your prayers, folks, they’ve been through a lot. And a kind thought or two for him probably wouldn’t go amiss, either. 

Posted by Drumwaster at 04:57 PM |

Monday, March 19, 2007


I made the New York Times!!

Unnamed, but I was the guy on the bar, leading the cheers and telling the band not to play during the overtime period.

I’ll do my best to get some pics...as a matter of fact, I’ll send a bleg to some of the big-time people in the blogging community:  If you were at O’Shaughnessy’s, and got a picture of us at the bar, could you send it to me, please?

Thanks.  More details when I have more time.

Posted by John Cross at 07:19 AM |

Thursday, March 15, 2007


When are these criminals going to be held accountable?

There is ONE person in the United States who is responsible for deciding foreign policy for the United States, defined by the Constitution - the President of the United States (Article II, Section 2). The President is currently George W. Bush, no matter what the Nutroots might want to claim, harking back to November, 2000.

And so when someone OTHER than the President (or his personally appointed - and Senate-approved - spokesperson, the Secretary of State) starts meeting with foreign governments in an attempt to speak for the United States on foreign policy, we have a violation of Federal Law (Title 18, Part I, Chapter 45§953):

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

So I’m wondering why Howard Dean hasn’t been arrested for this little stunt.

Democratic Party Chairman Howard Dean has been meeting with world leaders to repair “the extraordinary damage” that the Bush administration has done to America’s image and to prepare the way for a new Democratic president.

“I am trying to build relationships with other governments in preparation for a Democratic takeover,” Dean told me. “I want to make clear that there is an opposition in America and that we are ready to take power and that when we do, we are going to have much better relationships with them.”

He’s admitting to a clear violation of Federal Law. Just as Bill Clinton did a few months ago.

How long before any indictments are issued?

{crickets}

Yeah, I thought so. Color me surprised. Except, y’know, not.

Posted by Drumwaster at 03:34 PM |

St. Patrick’s Day….again

UPDATE:  For a picture of the band, click here.

Well...here we are.  Again. 

I remember posting about this before...here, here, and here, to be exact.  However, this year is a bit different.

This is my 25th St. Patrick’s Day in the bagpipe band...from the age of 13, I have played in the band.  I have marched with one piper and no other drummers, and I have marched with 15 pipers and 16 drummers.  I have marched in snow, rain, ice, wind, and beautiful sunshine that could have only come from the smiling face of God.  I have marched with good friends, then had to bury them as death claimed them.  I have marched with firemen, policemen, accountants, factory workers, printers, doctors, and an FBI agent that worked the fields of Pennsylvania one dark and foreboding September.

I have marched with tears streaming down my face as we played a salute to my father.  I have marched when we couldn’t play at all.  I have marched cold, warm, drunk, sober, and with a broken ankle.  I have marched with 6 different drums, an unknown number of drumsticks, and behind a whole herd of horses. 

All these things...and more...but two constants:

My little brother, who will celebrate his birthday on The Day (as we call it in my house) has marched in 17 of these parades, and though The Day revolves around St. Patrick, I never forget my baby brother.  Happy Birthday, Mick. 

And....a friend of mine that has marched even longer than I have, making his 27th stroll to Broad and High.  Patrick....no matter what they say about me, you are The Iron Man. 

Now...down to business. 

Under the fold, I’ll put our schedule.  It covers tomorrow and Saturday (The Day)....if you live in or near Columbus, Ohio, come and give us a listen.  Forgive the formatting...I’ll fix it later, should time permit.  And, yes, the band is splitting into two ensembles, hence the multiple performances at the same time.


Posted by John Cross at 09:18 AM |

Sunday, March 11, 2007


Like I said…..

I think that President Bush and Secretary of State Dr. Rice have a plan:

In their first direct talks since the Iraq war began, U.S. and Iranian envoys traded harsh words and blamed each other for the country’s crisis Saturday at a one-day international conference that some hoped would help end their 27-year diplomatic freeze. ...

During the talks, U.S. envoy David Satterfield pointed to his briefcase which he said contained documents proving Iran was arming Shiite Muslim militias in Iraq.

“Your accusations are merely a cover for your failures in Iraq,” Iran’s chief envoy Abbas Araghchi shot back, according to an official familiar to the discussions who spoke on condition of anonymity because he was not authorized to release the information.

Captain Ed’s take on this is spot-on, and I hold to my commentary that Bush is only doing this to show the futility of it, and to show the real point of view of his political adversaries. 

What I am now waiting for is someone on the Left to say that these talks were “...not in good faith...” or blame Bush for the futility of the attempt. 

If you hear of such a reaction on our side, post it in the comments. 

Posted by John Cross at 06:09 AM |

Friday, March 09, 2007


As a bit of indulgence

And no, I’m not selling them to myself… tongue wink

I just got this in the e-mailbox, and thought it would be interesting to see how many would be willing to answer this meme in public.

So… here goes.

If there are any questions you feel uncomfortable answering, by all means, don’t. This is entirely voluntary, and no one will condemn you for not answering.

Except for me, of course. I demand 100% cooperation and compliance!  mad

(I decided to drop the “What is your name” question, since your name would automatically be included when you leave the comment, and substitute the “earliest memory” question. I also deleted a few near the middle.)


Posted by Drumwaster at 08:57 PM |

Hot diggity!

It’s about time!

To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad). In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Antifederalist opponents. The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty. Despite the importance of the Second Amendment’s civic purpose, however, the activities it protects are not limited to militia service, nor is an individual’s enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.

And there are strong indications (although not guaranteed) that the ruling will:

1) be upheld by the full en banc Circuit Court
2) be immediately appealed to the Supreme Court
3) be granted certiorari by the Supremes (which only takes four affirmative votes of the nine)
4) be upheld (since the COTUS - aka “Law Of The Land” - trumps local and state and Federal legislation)

And all, just in time for next fall’s election, too! grin

Posted by Drumwaster at 01:04 PM |

Wednesday, March 07, 2007


I’m back!

Except for the hobo out back who keeps pestering me for a ride back to his favorite sewer grate, the place doesn’t look too bad… tongue rolleye

Are my insurance rates going to be going up again?

(PS to John Cross: I have some stuff for you, so e-mail me a meatspace addy where you can receive packages… Nothing illegal or explosive, I promise smile )

Posted by Drumwaster at 04:05 PM |
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