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There are Wolves and there are Sheep, I am Sheepdog

Election Law Blog

Ever wonder what is the truth?

I post this blog as another source of information and as always will let the Universe decide.

https://electionlawblog.org

Technology and Tort

What does the Universe say:

Should a company be held accountable under the 'General Tort Law', if they knowing withhold their services to the general public, which leads to sickness and or death?

 

There are four (4) elements by a preponderance of the evidence required to win a negligence case:

  1. A duty of due care exists
  2. The defendant breached the duty 
  3. The defendant’s conduct caused the injury 
  4. The injury produced actual damages

What say you Amazon?


Hypokrisis

 "So convenient a thing is it to be a reasonable creature, since it enables one to find or make a reason for everything one has a mind to do."

- Benjamin Franklin

In The Federalist , No. 65, Alexander Hamilton wrote that impeachment is "a method of national inquest into the conduct of public men" accused of violating the “public trust.”

 

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any -

Office of honor

Trust

Profit

- under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

 

A New Day

On this day, the 20th of January, 2021, we the People are reminded continuously of a tradition known as "The Peaceful Transition of Power". 

But how did this come about and why?

We will today hear over and over that President Trump in some fashion, though his decision to not attend the inauguration of Joe Biden, is diminishing this tradition. But on the contrary, as this tradition of transition is grounded in an act on the date of March 4, 1801. On this date in our history, the then out going president John Adams would awake in the early hours on this day and leave Washington, D.C.. Choosing to not attend the inauguration of Thomas Jefferson. 

The attending of the inauguration in no part indicates a peaceful transition of power. Just as in the history of old, so has it repeated itself in the actions of two political parties, both of which have brought our country to the brink of disaster. It is incumbent of actors on both sides to stand stead fast in their beliefs but to remove the mantels of hate and discord derived from personal ideologies and again look first to the care of this nation and the People, not to their own personal agendas. Thomas Jefferson in his inauguration speak provided us words to ponder: 

“But every difference of opinion is not a difference of principle. We have called by different names brethren of the same principle. We are all republicans. We are all federalists.”

Thomas Jefferson First Inaugural Address, March 4, 1801

Let us on this day not forget that with this transition of power, it is for the People of the People, or history will again repeat itself;

 "Away with the idea of getting independence first, and looking for liberty afterwards... Our liberties, once lost, may be lost forever. " 

Alexander H Stephens







What we are not being shared

 I felt it necessary to provide some facts about what President Trump did say...

You be the judge:

"Now, it is up to Congress to confront this egregious assault on our democracy. And after this, we’re going to walk down, and I’ll be there with you, we’re going to walk down, we’re going to walk down.

Anyone you want, but I think right here, we’re going to walk down to the Capitol, and we’re going to cheer on our brave senators and congressmen and women, and we’re probably not going to be cheering so much for some of them.

Because you’ll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated, lawfully slated.

I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard."


"Our brightest days are before us. Our greatest achievements, still away.

I think one of our great achievements will be election security. Because nobody until I came along had any idea how corrupt our elections were.

And again, most people would stand there at 9 o’clock in the evening and say I want to thank you very much, and they go off to some other life. But I said something’s wrong here, something is really wrong, can have happened.

And we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore.

Our exciting adventures and boldest endeavors have not yet begun. My fellow Americans, for our movement, for our children, and for our beloved country.

And I say this despite all that’s happened. The best is yet to come.

So we’re going to, we’re going to walk down Pennsylvania Avenue. I love Pennsylvania Avenue. And we’re going to the Capitol, and we’re going to try and give.

The Democrats are hopeless, they never vote for anything. Not even one vote. But we’re going to try and give our Republicans, the weak ones because the strong ones don’t need any of our help. We’re going to try and give them the kind of pride and boldness that they need to take back our country.

So let’s walk down Pennsylvania Avenue.

I want to thank you all. God bless you and God Bless America.

Thank you all for being here. This is incredible. Thank you very much. Thank you."

 

To Be or not To Be

Does Technology define who we are, not only as a person but also as a society?

This is at the center of many conversations today, although we may not hear this as such from the very technologies being used as tools to enforce the will of some people over all the people.

The use of tools as a mechanism by which to define a society is no new. Whether we look to how fire or stick and stones helped to progress a society, through force and exclusion. Or through the tools of law and social status stemmed the growth and off spring of many of the cultures and societies through out the history of mankind as well as even the whole of the animal kingdom.

I pose the question today - Has technology the tool moved beyond just being a means to an end, and now become rather who we are, and are we then the tools of technology?

Are we turning over the foundational elements of what makes us who we are to technology and allowing technology drive us in our daily activities, as well the voice within us driving our decision making processes?

Do we intake knowledge for the purpose of formulating our own thoughts or do we take in knowledge for the purpose of knowing not thinking?

Much of my earlier research (Everett M. Rogers published the diffusion of innovation (DoI) model) lends to a understanding that if left to its own accord social media (technology) will eventually define what is a society. 

I end with this: To Be or Not to Be..... should this be left in the hands of the few and their technological influences or do we as an individual still have the fortitude to make this call for our self as well as the society we wish to be associated with? 


"Mobile communications and pervasive computing technologies, together with social contracts that were never possible before, are already beginning to change the way people meet, mate, work, war, buy, sell, govern and create." 

Howard Rheingold - an influential writer and thinker on social media, is the author of Tools for Thought: The History and Future of Mind-Expanding Technology, The Virtual Community: Homesteading on the Electronic Frontier (both published by the MIT Press), and Smart Mobs: The Next Social Revolution.

1 - https://www.pewresearch.org/internet/2020/06/30/tech-is-just-a-tool/

Silence of the Lambs (not the sheeple)

 "It does not take a majority to prevail.. but rather an irate, tireless minority, keen on setting brush-fires of freedom in the minds of men." Samuel Adams (Politician of the American Revolution, leader of the Massachusetts “radicals,” - delegate to the Continental Congress (1774–81) and signer of the Declaration of Independence.)

What does freedom of speech mean in the United States?

First Amendment - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

What is a monopoly as it pertains to Business within the United States?

 

The three major Federal antitrust laws are:

  • The Sherman Antitrust Act
  • The Clayton Act
  • The Federal Trade Commission Act.

The Sherman Antitrust Act

An unlawful monopoly exists when one firm controls the market for a product or service, and it has obtained that market power, not because its product or service is superior to others, but by suppressing competition with anti-competitive conduct.

The Clayton Act

This Act is a civil statute (carrying no criminal penalties) that prohibits mergers or acquisitions that are likely to lessen competition. Under this Act, the Government challenges those mergers that are likely to increase prices to consumers. All persons considering a merger or acquisition above a certain size must notify both the Antitrust Division and the Federal Trade Commission. The Act also prohibits other business practices that may harm competition under certain circumstances.

The Federal Trade Commission Act

This Act prohibits unfair methods of competition in interstate commerce, but carries no criminal penalties. It also created the Federal Trade Commission to police violations of the Act.

ref https://www.justice.gov/atr/antitrust-laws-and-you

 

What does this mean in the wake of what we are seeing today as large tech companies enforce their political voice through monitoring and the suppressing of individuals voices, both on their social platforms and through the restriction of other platforms they feel are not aligned with their views.

Is this against the First Amendment or perhaps illustrate how a monopoly can disrupt competition?

Unfortunately NO  in both cases. It does though illustrate the darkest concerns of our founding fathers.


“When people talk of the freedom of writing, speaking or thinking I cannot choose but laugh. No such thing ever existed. No such thing now exists: but I hope it will exist. But it must be hundreds of years after you and I shall write and speak no more.”

 

“Let us dare to read, think, speak and write.”

“I will now add what I do not like. First, the omission of a bill of rights, providing clearly, and without the aid of sophism, for freedom of religion, freedom of the press, protection against standing armies, restriction of monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury, in all matters of fact triable by the law of the land, and not by the laws of nations.”

 

“Where liberty dwells, there is my country.”

 
 

“Liberty must at all hazards be supported. We have a right to it, derived from our Maker. But if we had not, our fathers have earned and bought it for us, at the expense of their ease, their estates, their pleasure, and their blood.”

John Adams, A Dissertation on the Canon and Feudal Law, 1765

“But a Constitution of Government once changed from Freedom, can never be restored. Liberty once lost is lost forever.”

 
 

“Liberty and order will never be perfectly safe, until a trespass on the constitutional provisions for either, shall be felt with the same keenness that resents an invasion of the dearest rights, until every citizen shall be an Argus to espy, and an Aegeon to avenge, the unhallowed deed.”

These are but a few excerpts to provide food for thought.

Each of you must decide for yourself where the line is to be drawn and at what cost.

 

Of the People by the People

Hello All,

I as well as many others were surprised at what occurred at the U.S. Capitol building. But let me me frank, the building is nothing more then just that a building, Our Republic does not live in some sacred or hollowed halls, it resides in the people of this great country.

What is more appalling is that we are being told this is some act of treason because American citizens broke into U.S. Capitol building, which let me remind everyone belongs to the people of the U.S. not those elected folks that work there.

Once again in this ever stranger universe we find again that the narrative being pushed completely misses the voice of the people. Both the President elect and vice-President elect made this evident in their rhetoric to the people in response when again they decided to make this about color and race rather then about unity and transparency. Which is what the people of the United States is demanding. 

Let us not forget that all of the Founding Fathers, which included 4 U.S. Presidents lead a revolution against a tyrannical Government that suppressed the voice of the people. With the purpose of freedom and equality for all. Albeit as we have viewed over time, this vision was not in all instance true to all the people of this great country, And as such we the people have demanded ratification to undo these injustices. 

What though we are seeing today is a backsliding, not a progression towards equality but rather in an attempt to right the wrongs of many of our past aggression, towards a oppressive cultural shift to again place the voice of the people not from unity but based on ones skin color or race. True equality requires equal representation of all the people for the people. Not of one party for one party.

Let us also not forget that this very thing was from the onset of this great republic a concern, and as such the "Federalist Papers," were published to bring to light how allowing the Government to reside in the set of power over the people would in the end be the end of this country and destroy the bedrock built upon the belief that the people should hold the power, and that the voice of the people would be the voice of the nation.

 

1 - https://constitutioncenter.org/learn/educational-resources/historical-documents/perspectives-on-the-constitution-a-republic-if-you-can-keep-it 

2 - https://www.nationalgeographic.org/article/founding-fathers/

3 - https://www.theatlantic.com/ideas/archive/2020/02/a-republic-if-we-can-keep-it/605887/