Patrick Leahy (D-VT) introduces extension of Patriot Act sunset

GovTrack: S. 1692: Text of Legislation, Introduced in Senate.

With the bill linked above, Patrick Leahy is attempting to move the end date of the USA Patriot Act from December 31st 2009 to December 31 2013. On October 8th the bill was read twice and submitted to the Senate Judiciary Committee, of which Leahy is chair.

Specifically what S. 1692 will do is amend the USA Patriot Improvement and Re-authorization Act of 2005 by changing ‘2009’ to ‘2013’ in various sections of the law which reference the bill’s “sunset”, a fail-safe date placed into the law in order to make it more palatable to its detractors. The next step for Leahy’s bill is for it to leave the Judiciary Committee and enter debate on the floor of the senate.

If Leahy’s amendment goes through, the USA Patriot act and all that it allows will stay with this country for another four years. This law needs to run its course and end this December.

For eight years now we’ve lived in a shadow of fear brought on by first the destruction of the World Trade Center, the fall-out caused by the invasions of Afghanistan and Iraq and — not the least — the fear-mongering actions of our representatives in congress, of which the Patriot Act is one.

The structure of the United States is such that we can either entertain personal and civil liberties, or we can give all of that up for the illusion of perfect safety. We can’t have both. The Patriot Act represents the latter. It’s time for the former. There is still time for us to contact our senators and representatives and let them know that we’re done with the Patriot Act and the fear it represents.

Mass. House approves “Pandemic” bill

Mass. House approves bill allowing quarantines – Boston.com.

The article written by an AP journalist and published by the Boston Globe doesn’t mention when the vote took place on this bill or what the bill is. That lack of information is unacceptable since this bill has been around some time. Below is a brief history of the bill passed today with links to appropriate texts published by the Massachusetts government.

The two bills that make up this discussion are Senate bill number 2028 — nee, Senate 18 — and House bill number 108. In looking at the history of the Senate bill, you can see that the number was changed to House 4271 after it left the Committee on Ways and Means and was voted on today.

The next step is for the disagreements in the Senate and House versions of the bills to be hammered out, voted on and then sent to the Governor for signing. At this point, my guess is that it will go through with very little debate as the Senate and House bills are very very similar.

If you don’t want this to pass, this is your last chance to do something about it. Call your local representative and tell them why you don’t want this bill to go through. Make your argument very clear, though, and stay away from the “it’s unconstitutional” thing. There is a clause in the Massachusetts Constitution in the article on property rights that reads thusly (emphasis mine):

Article X. Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty and property, according to standing laws. He is obliged, consequently, to contribute his share to the expense of this protection; to give his personal service, or an equivalent, when necessary: but no part of the property of any individual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. In fine, the people of this commonwealth are not controllable by any other laws than those to which their constitutional representative body have given their consent. And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor. [See Amendments, Arts. XXXIX, XLIII, XLVII, XLVIII, The Initiative, II, sec. 2, XLIX, L, LI and XCVII.]

As you can see, as long as Massachusetts citizens’ representatives give permission, the Constitution of this “Commonwealth” allows the removing of one’s property by the government. This bill is, in fact, constitutional according to the rules of the state. It may be unconstitutional at the federal level, but since it only affects state residents that’s a moot point.

You want my advice? Appeal to the more Libertarian nature of your representative and/or senator. Ask them whether they relish the idea of family members being forced to be vaccinated against their will. As them whether they trust future governors to understand exactly what a “statewide health emergency” entails. Is it the flu? An outbreak of the common cold? What about the vastly under-powered “Swine-flu”?

This bill only goes into effect as long as there’s a state of emergency. The logical question, then, is exactly what constitutes that state, and do we trust a single person — Governor — to declare it?

Follow up:

On further reading, the Massachusetts Constitution does allow for protections from search and seizure, however (Article XIV). That said, there is also a clause that allows for declarations of emergency (Article XX). There’s some fodder in there for an argument of unconstitutionality, I suppose, but I still say that the best arguments lie on other paths.

Respiratory infection …

So, it turns out being dizzy is an interesting side-effect of having an upper respiratory infection. I’ve never had one of these, so that’s new to me!

Here’s a picture of where I’m sick.

Doctor’s orders? Stay home, get rest, drink fluids (I imagine that coffee and/or mead don’t count), and otherwise live a boring life until I feel better. Good times.

So what do I do? Play Bejeweled over on Facebook, try to come up with things about which I can write — this being one of the only topics I can handle right now.

I’m supposed to be back in action tomorrow morning, so we’ll see what happens.

FreeBSD up and running

freebsd_on_vista

FreeBSD is now installed into VMWare on my Windows Vista Install. It’s not a big deal, nor was it terribly complicated, but it makes me happy. The question some might ask, of course, is why I would want to have FreeBSD on my PC machine. I don’t really know. All I know is that I love FreeBSD, and every once in awhile a man needs to geek out.

Feeling kind of oogy …

I caught some kind of awfully disgusting thing or something. Light-headed and woozy, I’m sitting here trying to get myself to make supper. While that’s bubbling, I figured I’d geek out a bit and try to get FreeBSD installed under VMWare on my Vista machine. I’ll post how that goes at some point.

It turns out I’ve also got a lot of writing to catch up on. Over a year ago I promised to post up my philosophy on interpreting the United States Constitution. I got as far the preamble and left it there. During the next few weeks I will continue that project, as I feel that a really solid understanding of our country’s foundation is becoming more and more necessary as time creeps forward.