2nd Amendment? Don’t forget Article III, section 3; treason still a crime

August 3, 2017

Constitution Article III section 3; image origin unknown

Constitution Article III section 3; image origin unknown

Second Amendment fanatics (distinguished from Second Amendment scholars) often claim a right to overthrow the U.S. government by force, and use that as justification for complete, unbridled rights to own guns and threaten neighbors, city governments, state governments and federal government with violence.

Regardless the history of the Second Amendment and what it was intended to say, no scholar I can find argues that it vitiates or even touches Article III’s provisions against insurrection and violence against the government and government officers.

It may be good simply to review what that clause says.

Article III, Section 3, of the U.S. Constitution:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

No commentary I can find suggests the Second Amendment confers a right to rebellion, a right to revolution, or any exemption from Article III treason.

What do you think? Comments open.

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Colorado Day 2017! Coloradans fly the flag for statehood

August 1, 2017

U.S. flag on American Flag Mountain, near Taylor Park, Colorado. Photo from Hobo Jeepers.

U.S. flag on American Flag Mountain, near Taylor Park, Colorado. Photo from Hobo Jeepers.

August 1 is Colorado’s statehood day. Unlike many other states, Colorado actually celebrates the day.

More accurately, people of Colorado celebrate the day. It seems most Colorado residents are happy to be there, and take any excuse to celebrate their good fortune.

#ColoradoDay even trended on Twitter for time today.

Under the provisions of the U.S. Flag Code, residents of a state are invited to fly the U.S. flag on their state’s day of statehood. Colorado came into the Union on August 1, at the declaration of President U. S. Grant, in 1876. People of Colorado tend to favor Colorado’s flag for most displays, on Colorado Day.

How are others celebrating? Free admission to Colorado State Parks, for one.

 

 

 

 

 

 

 

 

 

 

 

Well, yes, every other state has a statehood day, but don’t look for this effusive outpouring of state pride for many others, including Texas.

 

 

 

 

 

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July 27, 2017: National Korean War Veterans Armistice Day, go ahead, fly your flag

July 27, 2017

U.S. soldiers and a tank come ashore at Inchon, in the invasion that led to the liberation of Seoul. Though an armistice in the war was achieved, a final resolution has never been negotiated. Image from Pinterest.

U.S. soldiers and a tank come ashore at Inchon, in the invasion that led to the liberation of Seoul. Though an armistice in the war was achieved, a final resolution has never been negotiated. Image from Pinterest.

President Donald Trump issued a proclamation for National Korean War Veterans Armistice Day, though the law Congress passed specified it should run only until 2003. There was no proclamation to urge flag flying, however.

You may fly your flag on any day. Many Americans continue to fly flags to honor Korean War veterans on July 27.

The White House
Office of the Press Secretary

For Immediate Release
July 26, 2017

President Donald J. Trump Proclaims July 27, 2017, as National Korean War Veterans Armistice Day

NATIONAL KOREAN WAR VETERANS ARMISTICE DAY, 2017

– – – – – – –

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

On National Korean War Veterans Armistice Day, we honor the patriots who defended the Korean Peninsula against the spread of Communism in what became the first major conflict of the Cold War.  We remember those who laid down their lives in defense of liberty, in a land far from home, and we vow to preserve their legacy.

Situated between World War II and the Vietnam War, the Korean War has often been labeled as the “Forgotten War,” despite its having claimed the lives of more than 36,000 Americans.  The Korean War began on June 25, 1950, when North Korean forces, backed by the Soviet Union, invaded South Korea.  Shortly thereafter, American troops arrived and pushed back the North Koreans.  For 3 years, alongside fifteen allies and partners, we fought an unrelenting war of attrition.  Through diplomatic engagements led by President Eisenhower, Americans secured peace on the Korean Peninsula.  On July 27, 1953, North Korea, China, and the United Nations signed an armistice suspending all hostilities.

While the armistice stopped the active fighting in the region, North Korea’s ballistic and nuclear weapons programs continue to pose grave threats to the United States and our allies and partners.  At this moment, more than 28,000 American troops maintain a strong allied presence along the 38th parallel, which separates North and South Korea.  These troops, and the rest of our Armed Forces, help me fulfill my unwavering commitment as President to protecting Americans at home and to steadfastly defending our allies abroad.

As we reflect upon our values and pause to remember all those who fight and sacrifice to uphold them, we will never forget our Korean War veterans whose valiant efforts halted the spread of Communism and advanced the cause of freedom.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim July 27, 2017, as National Korean War Veterans Armistice Day.  I call upon all Americans to observe this day with appropriate ceremonies and activities that honor and give thanks to our distinguished Korean War veterans.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of July, in the year of our Lord two thousand seventeen, and of the Independence of the United States of America the two hundred and forty-second.

DONALD J. TRUMP

At this blog, we urge you to remember what is often called “the forgotten war,” and the veterans of the war, and the sacrifices of those veterans and those who did not return. You may fly your flag if you wish.

January 2016 snowfall added another layer of realism to the Korean Veterans War Memorial on the National Mall. Much of the Korean War was fought in bitter cold and snow. National Park Service photo

January 2016 snowfall added another layer of realism to the Korean Veterans War Memorial on the National Mall in Washington, D.C. Much of the Korean War was fought in bitter cold and snow. National Park Service photo

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Annals of DDT: Eagles return to Buffalo, New York, in a big way

July 26, 2017

Caption from the Buffalo News: A bald eagle, one of a pair of eagles raising chicks in a nest on Strawberry Island in the Niagara River, fishes in the river, Saturday, March 9, 2013. (Derek Gee/Buffalo News)

Caption from the Buffalo News: A bald eagle, one of a pair of eagles raising chicks in a nest on Strawberry Island in the Niagara River, fishes in the river, Saturday, March 9, 2013. (Derek Gee/Buffalo News)

Among the greater chunks of powerful evidence for the damage the pesticide DDT did to birds is the dramatic recovery of some species as residual DDT levels drop, after DDT use ended in the U.S.

In 1970 only one nesting pair of bald eagles lived in New York state; I have not found whether they successfully fledged any young that year, but the odds are against it.

47 years later, eagles nest in after-recovery record numbers in New York, according to the venerable Buffalo News.

If you haven’t spotted the stark white head of a bald eagle somewhere in the Buffalo Niagara sky, it might be time to get out of the house more often.

Eagles are back in historically high numbers, according to a recent report by the state Department of Environmental Conservation.

The DEC reported a record-high 442 bald eagle breeding territories statewide in 2016, including 58 spots in six Western New York counties, including Erie, Niagara, Wyoming, Chautauqua, Cattaraugus and Allegany counties. That’s up from 38 spots in the region in 2012.

“It’s an astonishing number,” said Jim Landau, a count coordinator from the Hamburg Hawk Watch.

Recovery of bald eagles, and other endangered raptors including osprey, brown pelicans and peregrine falcons, is a great chapter in the book of successes of the Endangered Species Act and the rising conservation consciousness of the 1970s.

Recovery of all four species waited after EPA’s ban on crop use of DDT, until residual DDT levels in adult birds declined to a point the female birds could once again produce competent shells for the eggs they laid. DDT levels in fish and prey also had to drop to levels that would not poison chicks just hatched.

EPA banned DDT from U.S. farms in 1972, designating all DDT made in the country for export, to fight disease. Though DDT use declined world wide as resistance to the pesticide spread rapidly among mosquitoes and flies that were its target, most diseases DDT fought against declined. I estimate about 100 million fewer people died of malaria alone after the DDT ban. Birds were saved, and so were humans.

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July 26, 2017, New York flies U.S. flags for statehood

July 26, 2017

Flags fly in July at Rockefeller Center, New York City. Photo by Ed Darrell; please use, with attribution.

Flags fly in July 2016 at Rockefeller Center, New York City. Photo by Ed Darrell; please use, with attribution.

New York became a state, historians say, on July 26, 1788, when the Constitution Ratification Convention for the colony approved the U.S. Constitution. Technically the nation did not yet exist, but in flag circles, we use the ratification date as the statehood day for the 18 original states.

Following the guide of the U.S. Flag Code, New Yorkers fly their U.S. flags today in honor of New York’s statehood.

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  • Next date to fly Old Glory: July 27 (tomorrow!) for Korean War Veterans Armistice Day.

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Do you remember when government gave humanity hope for the future? A giant leap for mankind on July 20, 1969

July 20, 2017

It’s a day to remember history.  Do you remember that day, the first time humans set foot on the Moon?

God knows we could use more Americans to have faith in the good intentions of NASA scientists today; we could use more dreams like those NASA gave us then, too.

Southwest Elementary in Burley, Idaho, existed in a world far, far away from the U.S. space program. We watched rocket launches on black and white televisions — the orbital launches were important enough my father let me stay home from school to watch, but when he dropped me off at school, I was in a tiny band of students who actually made it to school. Potato farmers and the merchants who supported them thought the space program was big, big stuff, worth missing school.

By John Glenn’s flight, a three-orbit extravaganza on February 20, 1962, a television would appear in the main vestibule of the school, or in the auditorium, and we’d all watch. There were very few spitballs. Later that year my family moved to Pleasant Grove, Utah.

Earthrise from Apollo 11, before the Moon landing

Moonrise from Apollo 11 prior to Moon landing.

Toward the end of the Gemini series, television news networks stopped providing constant coverage. The launch, the splashdown, a space walk or other mission highlight, but the nation didn’t hold its breath so much for every minute of every mission. Barry McGuire would sing about leaving the planet for four days in space (” . . . but when you return, it’s the same old place.”), then six days, but it was just newspaper headlines.

The Apollo 1 fire grabbed the nation’s attention again. Gus Grissom, one of the three who died, was one of the original space titans; death was always a possibility, but the U.S. program had been so lucky. Apollo’s start with tragedy put it back in the headlines.

The space program and its many successes made Americans hopeful, even in that dark decade when the Vietnam War showed the bloody possibilities of the Cold War. That darkest year of 1968 — see the box below — closed nicely with Apollo 8 orbiting the Moon, and the famous Christmas Eve telecast from the three astronauts, Frank Borman, Jim Lovell, and William A. Anders. The space program kept us hopeful.

By early 1969 many of us looked forward to the flight of Apollo 11 scheduled for July — the space flight that promised to put people on the Moon for the first time in history, the realization of centuries-old dreams.

Then I got my assignment for Scouting for the summer.  Out of nearly 50 nights under the stars, one of the days would include the day of the space walk. Not only was it difficult to get televisions into Maple Dell Scout Camp, a good signal would be virtually impossible. I went to bed Sunday night knowing the next day I’d miss the chance of a lifetime, to watch the first moon landing and walk.

Just after midnight my sister Annette woke me up. NASA decided to do the first walk on the Moon shortly after touchdown, at an ungodly hour. I’d be unrested to check Scouts in, but I’d have seen history.

And so it was that on July 20, 1969, Neil Armstrong became the first human to set foot on the Moon: “A small step for a man, a giant leap for mankind,” was what he meant to say in a transmission that was famously garbled (at least he didn’t say anything about jelly doughnuts).

NASA provided a video compilation for the 40th anniversary of Apollo 11 in 2009:

P. Z. Myers says he remembers a lawnmower going somewhere. It must have been very bright in Seattle. (Thanks for the reminder, P.Z., and a tip of the old scrub brush to you.)

2016 marks the 47th anniversary.

Texas Essential Knowledge and Skills (TEKS) lists 11 dates for U.S. history as the touchstones kids need to have: 1609, the founding of Jamestown; 1776, the Declaration of Independence; 1787, the Constitutional Convention; 1803, the Louisiana Purchase; 1861-1865, the American Civil War; 1877, the end of Reconstruction; 1898, the Spanish American War; 1914-1918, World War I; 1929, the Stock Market Crash and beginning of the Great Depression; 1941-1945, World War II; 1957, the launching of Sputnik by the Soviets. Most teachers add the end of the Cold War, 1981; I usually include Apollo 11 — I think that when space exploration is viewed from a century in the future, manned exploration will be counted greater milestone than orbiting a satellite; my only hesitance on making such a judgment is the utter rejection of such manned exploration after Apollo, which will be posed as a great mystery to future high school students, I think.)

* Why 1968 was such a tough year, in roughly chronological order: 1968 produced a series of disasters that would depress the most hopeful of people, including: the Pueblo incident, the B-52 crash in Greenland, the Tet Offensive in Vietnam, the nerve gas leak at the Army’s facility at Dugway, Utah, that killed thousands of sheep, Lyndon Johnson’s pullout from the presidential race with gathering gloom about Vietnam, the Memphis garbage strike, the assassination of Martin Luther King, Jr., riots, the Black Panther shoot-out in Oakland, the Columbia University student takeover, the French student strikes, the tornadoes in Iowa and Arkansas on May 15, the Catonsville 9 vandalism of the Selective Service office, the sinking of the submarine U.S.S. Scorpion with all hands, the shooting of Andy Warhol, the assassination of Robert F. Kennedy, the Buenos Aires soccer riot that killed 74 people, the Glenville shoot-out in Cleveland, the cynicism of the Republicans and the nomination of Richard Nixon and Spiro Agnew, the Warsaw Pact invasion of Czechoslovakia crushing the “Prague Spring” democratic reforms, the Chicago Democratic Convention and the police riot, the brutal election campaign, the Tlatololco massacre of students in Mexico City, Black Power demonstrations by winning U.S. athletes at the Mexico City Olympics, coup d’etat in Panama. Whew!

More, from Millard Fillmore’s Bathtub:

And even more:

Yes, this is mostly an encore post. Fighting ignorance requires patience.

This is a bit of a traditional July 20 post, and yes, this is mostly an encore post. Fighting ignorance requires patience.


Clouds flow like water at Grand Canyon

July 17, 2017

Screen capture from the film, "Kaibab Elegy," by filmmakers Gavin Heffernan and Harun Mehmedinović, in Grand Canyon National Park.

Screen capture from the film, “Kaibab Elegy,” by filmmakers Gavin Heffernan and Harun Mehmedinović, in Grand Canyon National Park.

It’s beautiful, and it’s a reminder that Earth’s atmosphere is a giant pool of fluids, stuff flowing all the time.

It’s another Gavin Heffernan film, joined this time by Harun Mehmedinović.

MNN, the Mother Nature Network, alerted MFB to the film, and said:

The creators of “SKYGLOW,” a crowd-funded project showing the impact of urban light pollution through time-lapse videos, photos and a book, have another stunning video to share. In “Kaibab Elegy,” filmmakers Gavin Heffernan and Harun Mehmedinović visit Grand Canyon National Park and capture a rare weather event.

In the mesmerizing video, clouds build inside the canyon almost like bubbling water filling a jacuzzi as the sun rises and sets in the background, creating the pinkest sky you’ve ever seen. Those clouds roll like waves in the ocean and crash against the cliffs. This phenomenon is called full cloud inversion, and it happens when cold air is trapped in the canyon and topped by a layer of warm air, which combines with moisture and condensation.

“We were extremely lucky to be there to capture it, and it’s a collection of unique footage not found anywhere else,” Mehmedinović says.

He and Heffernan, who journeyed 150,000 miles around the globe for their new book and video series, work with the International Dark-Sky Association, a nonprofit fighting to preserve the dark skies around the world.

Tip of the old scrub brush to Mother Nature Network’s Twitter feed.

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