The Esau Effect

As I sat reading Genesis 25 and 26 — the story of Esau and Jacob — a tiny thought crept its way into my brain and lodge itself there so it could fester. I went to bed thinking of the two brothers and their life-long struggle over birthrights and blessings and I awoke to the same come the next day.

There was a lesson in the story, but I had to find it before I could share it. I had to understand it before I could find the lesson and why the story had become so overwhelming to me.

It took me a week to winnow things out. In the end it came down to Esau, who also in the end lost both his birthright, first through stupidity and then secondly, his father’s blessing through trickery.

I’ve boiled it down to this: Have we lost our birthright because of our stupidity and are we about to lose our blessings from our Father due to trickery?

Since childhood, I’ve watched as the American people have given up their God-given rights without so much as a fuss or a whimper. In that same time I’ve witnessed our Constitutional Republic slip closer and closer to a democracy – which in the end is the greatest wish of the Anarchists.

(Democracy with a lower case ‘d’ is a social condition of classlessness and equality; Anarchy is a state of disorder due to the absence or non-recognition of authority. Thus democracy eventually falls away into anarchy due to the human condition.)

And every four years I’ve watched as candidates come and go, many providing pledges and services that they cannot hope to provide. Yet, the people fall for the trickery because of their stupidity.

As I see the juggernaut that is the Donald Trump campaign, I can’t help but see the pattern Esau fell for twice. First is the taking of our birthright, and then comes the taking of all our blessings.

Here is why I see it the way I do: Trump is not a part of the ‘establishment,’ an outsider to the Republican electoral processes and thus hated for his current success. However the people love him for his brash-outspokenness and ability to channel their anger from what they see as an injustice done to the nation they love.

Yet they are blind in my opinion to the back room deals being made to keep the king from the throne. Yes, I’m claiming that the Progressive Democratic Party and the Progressive Republican Party are working hand in hand with one another to prevent Trump from winning the presidency, because he’ll upset the ‘things as they are’ way of Washington D.C. politics and not in a good way.

Many people have mistaken Trump’s tough-talking rhetoric for strong American leadership, when in fact it is far from that of a leader. Plainly stated, Trump is an angry, narcissistic, bully of a man as shown by these selected comments:

• “I could stand in the middle of 5th Avenue and shoot somebody and I wouldn’t lose voters,” Trump told Iowa supporters.

• “I mean I had a rating – 68-percent would not leave under any circumstance. I think that means murder, I think it means anything, OK?” Trump said of his supporters during a rally in Sparks, Nevada.

• “I’d like to punch him in the face,” Trump said, about a man disrupting his rally the eve before the Nevada caucuses.

I cannot help think that anyone, big or small, who has ever crossed him in the slightest – especially during this campaign season — will be a target for his wrath should he be elected.

It isn’t hard to look back into the recent past of the 20th century to find a similar situation and to learn how it unfolded. Lutheran Preacher Dietrich Bonhoeffer comes to mind was a Lutheran Pastor who was an influential critic of Adolf Hitler and Nazism.

He publicly spoke against the Nazi policy of euthanasia and the murder of Jews. The day Hitler became the Fuehrer, he had Bonhoeffer arrested and imprisoned and eventually executed in May 1945.

And before you accuse me of claiming Trump is the next Hitler, let me go on record to say that I do not believe for a second. I am simply using this historical reference to make my point that we are going down a road that can have no good outcome for America or her people.

Lastly, I’m not advocating voting for Hillary Clinton or Bernie Sanders. On the contrary as they are the antithesis of what America’s values are about: on the one hand you have a woman whose plagued by her own egotistical dishonesty while on the other you have a man who is an avowed Socialist, a believer in a system of governance that has led to the death of millions around the world.

Neither is a Constitutional candidate. But then again neither is Trump.

So how does the story of Esau turn out? Esau’s attitude is too common today as far too many cry out, “Give me what I want. I want it now. I want it regardless of its cost. Give me my indulgences — I do not care about the consequences!”

We are Esau and we’re about to suffer a horrible trick.

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Progressive Politician Calls for Restricting Free Speech

Former Republican presidential candidate Jim Gilmore is criticizing the compliant media for giving free air time to Donald Trump. Gilmore also accused the Republican National Committee of outsourcing the debates to the networks, resulting in “a food fight that looks like the Jerry Springer show.”

“He also by the way said he didn’t have to spend any money because he gets all free broadcasting. And that’s what we’re doing right now. We’re giving him free time right now. And that’s an issue that has to be addressed in the future, as the FCC needs to address this problem of the free advertising they’re giving to selected candidates like Donald Trump,” Gilmore said.

As of February 20, the network evening shows of ABC, CBS and NBC have devoted 51 percent of all their coverage of Republican candidates to Trump. Comparatively, the next two most covered candidates, Ted Cruz and Marco Rubio, received 25 and 10 percent of the coverage, respectively.

He also said he would support the eventual Republican nominee to avoid another Democrat in the White House.

“I intend to endorse and support the Republican candidate for president because the alternative is either Hillary Clinton or Bernie Sanders,” she said, adding, “They’re both talking about giving away everything and not doing anything to grow the economy.”

Gilmore, a former governor of Virginia, ended his presidential campaign on February 12 after poor showings in Iowa and New Hampshire, which is a good thing, seeing how he wants to restrict the First Amendment. It’s amazing how Progressive eventually show their true colors, isn’t it?

Arizona Fights Back Against Federal Gun Control

The Arizona House approved a measure on February 16 prohibiting the state from using resources, including people and funds, to enforce federal gun control laws. House Bill 2300 forbids state and local agencies from carrying out of any federal regulation restricting the right to own a personal firearm, a firearm accessory, or ammunition.

Any federal action would be considered unconstitutional if it “infringes the right to keep and bear arms guaranteed by the Second Amendment of the United States Constitution or that impairs that right in violation of Article 2, Section 26 of the Arizona constitution. It also bans the use of state assets or money in the enforcement of any forthcoming federal gun restrictions.

The bill has a provision designed to make sure local law enforcement doesn’t ignore it. It would bar state payments to cities and towns that don’t follow the enforcement ban and imposes civil and criminal penalties on violators.

Similarly, Senate Bill 1452, introduced on February 2, declares that “Any executive order or action that limits the rights guaranteed to a citizen of this state by the Second Amendment to the United States Constitution and that is not consistent with the constitutions of the United States and this state is an unlawful executive order or action and is not recognized in this state.”

Two other gun bills saw introduction,  including HB 2524 which allows Arizona to agree with other states not to put new restrictions on firearms transfers and HB 2338, which bars schools or universities from banning gun owners from carrying concealed weapons in their vehicles on public roads going through school property.

The legislation rests on the legal principle known as the anti-commandeering doctrine, based on four Supreme Court cases dating back to 1842 with Printz v. U.S. serving as the cornerstone. Simply put, the federal government cannot force states to help carry out or enforce any federal act or program.

The federal government relies heavily on state cooperation to carry out and enforce its regulations and by withdrawing the necessary cooperation, states can nullify many federal actions.

Death in a Debtor’s Prison Cell

He died in a Box Elder County, Utah jail cell shortly after being taken into custody, but Rex Iverson, 45, wasn’t there for a criminal act. He was there on a civil judgment — not paying an ambulance bill.

On Christmas Eve 2013, Iverson had to be taken to the hospital via ambulance. Unfortunately, because he was unemployed he couldn’t pay and in September 2014 a justice court small claims judgment against Iverson said had to pay the $2,376.92 bill.

When he couldn’t pay, he was arrested and jailed. The next day he was found dead in a holding cell.

At 1:10 pm, January 22, 2016, a deputy spoke with Iverson to find out if he would be able to post bail on the offense. When the deputy returned half an hour later to begin the booking process, Iverson was found unresponsive in the cell.

Iverson’s death is under investigation by the Northern Utah Critical Incident Investigative Team. So far foul play is not suspected.

Imprisoning someone because he or she cannot afford to pay a court-imposed fine or fee violates the Fourteenth Amendment of due process and equal protection under the law.

Section 1 reads in part:

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

And because Iverson and other people like him are unemployed or don’t have the money to hire an attorney, and since “justice court” isn’t considered a “criminal court,” defendants are often left to the ‘mercy’ of the system and with our proper legal representation. This is clearly a violation of the Sixth amendment, which clearly states:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

Like the late musician Frank Zappa asked in a 1991 Spin Magazine interview, “If you don’t know what your rights are, how can you stand up for them?”

The So-called Missing 13th

The 13th Amendment to the U.S. Constitution is far different than the one originally proposed. The current amendment abolishes slavery and involuntary servitude.

It was passed by the Senate on April 8, 1864, and by the House on January 31, 1865 and ratified by the states on December 6, 1865 and reads as follows:

Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.
Congress shall have power to enforce this article by appropriate legislation.

However, 36-years before the following note appeared on page 23, Vol. 1 of the ‘New York Revised Statutes:

“In the edition of the Laws of the U.S. before referred to, there is an amendment printed as article 13, prohibiting citizens from accepting titles of nobility or honor, or presents, offices, &c. from foreign nations. But, by a message of the president of the United States of the 4th of February, 1818, in answer to a resolution of the house of representatives, it appears that this amendment had been ratified only by 12 states, and therefore had not been adopted.

See Vol. IV of the printed papers of the 1st session of the 15th congress, No. 76.” In 1854, a similar note appeared in the Oregon Statutes. Both notes refer to the Laws of the United States, 1st vol. p. 73 (or 74).”

This so-called “missing” 13th Amendment reads as follows:

“If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.”

What a different nation the U.S. might be had it been ratified.

Martin

There was something about the thin-armed, beer-bellied man as he walked along the sidewalk and passed the house. He had a thin, stringy beard and a severely receding hair line with the unkempt ends hanging over his tee-shirt collar.

“Good afternoon,” I called out.

“Good afternoon,” he replied as he continued up the street.

Yes. There was something that was vaguely familiar about the guy, but I couldn’t put my finger on it at the moment.

That night as I lay in bed hoping for sleep to overtake me, I thought about him again. Perhaps I’d seen him at the local Walmart or maybe the Save Mart – I couldn’t remember – but I knew I’d seen him someplace as I tend to recall faces all the time.

Then it hit me like a bolt out of the blue, a jarring memory that sent me sitting upright and absolved of all thought or want of sleep at that very moment. It was a stinging memory that I’d laid to rest years ago – but was suddenly walking through my neighborhood like a real Zombie.

“Martin,” I gasped.

He and I first crossed paths in early 1986. I’d been living in a boarding-house on Tripp Drive in Reno for a several months when Martin rented the room directly across from mine.

Martin was five years younger than me and because of this, his lack of body mass and extraordinarily hairless moustache on his upper lip, I considered him a kid. And as first impressions go, he set my alarm bell off as being a sneak.

And it didn’t take too long for my impression to prove itself out.

One Monday morning as I was leaving for work, I noticed my VW Bug’s front end pushed away from the curb. Furthermore, it had a nasty crack in the newly purchased fiberglass wheel well I’d recently installed.

Rushing back inside, I asked the landlord if she knew anything about what had happened to my car. She didn’t have a clue.

So, I went up stairs and knocked on Martin’s door. I told him about my car and he swore he had no knowledge of what had happened to cause the body damage.

Not wanting to be late for work, I drove off. However, I didn’t stop puzzling over the fact that my car was moved a good eight-inches from the curb and there was hefty crack in the body.

After work I drove home and parked in my usual spot. As I sat there it occurred to me that the landlord’s big old 1972 Chevy station wagon was recently moved.

Since she no longer drove, and the only time the ‘Beast’ as she called it moved was when I took her to the market to do her weekly shopping on Friday’s, I knew it had been driven. I had to find out by who, because I concluded that person had run the Beast’s bumper into my car.

“Did you take the car out?” I asked Ethel.

“No,” she answered, “You know I’m not allowed to drive anymore.”

“I know,” I replied, “But I had to ask. Anyone else drive your car since Friday evening?”

“No one,” she returned, “The keys are in my purse like always.”

Two days later, as I came in the front door and headed for the stairs, Ethel stopped me and in a near whisper told me, “Patsy from next door told me she saw someone she didn’t recognize driving the car late Sunday night. She described Martin.”

“So, do you want him out, because I’ll kick his ass down the stairs and out the front door, right now?” I asked.

“No. You can’t do that,” she countered, “I can’t very well simply accuse him of taking my car with proof. But do keep an eye on him.”

By now my rage was seething slightly below explosive. All I need was an excuse to pop him up along side of the head and drag him outside and give him a real smack down. I didn’t have to wait very long.

One evening I returned home from working overtime to discover my door unsecured. Every morning before I left the house I pulled it hard and rattled the knob to make certain it was locked.

As I pushed the door open, I looked around the room, but could find nothing missing. This caused me to question my recollection – perhaps I failed to double-check my door after all.

But that doubt was put to rest the next day as I realized a pocket knife I’d had in a desk drawer was missing. I searched high and low and never found it.

Then that evening, I was putting away my skivvies when I discovered both my birth certificate and my expired passport missing. They had been neatly tucked under the paper drawer-liner for safe keeping.

That seething rage became an explosive inferno as I stepped across the hall and pounded on Martin’s door. There was no answer, yet I felt certain he was inside cowering, so I pushed the door in by force.

I was wrong – Martin wasn’t in his room – but I wasn’t about to let an opportunity to search his room slip by me.

After trashing the place, I found absolutely nothing. He either had it so well hidden that it would take a team of detectives to find my stuff or he had taken it with him to wherever he disappeared.

Quietly, I sat up throughout much of the night waiting for the little asshole to return. He never did and eventually, Ethel had me clean out his room and repair the door so she could rent the space out to another boarder.

A few weeks later, with Mary moving to the area, we rented an apartment on Sutro Street where we would live for the next 12 years. As I was moving my stuff out of the boarding house I learned than Martin had also robbed me of a 20-dollar gold piece that I’d had hidden in my shaking kit and tucked under my bed.

There was nothing that could be done about any of it, so I resolved to let it go and move forward. Then about four-years later, as I pulled into the nearby Albertston’s on Oddie Blvd., I saw Martin coming out of the store with several grocery bags in his arms.

“Here, let me help you with those,” I offered with happiness in my voice.

Martin, not recognizing me at all, gladly allowed me to take five of the bags from him as he fished out his car keys out of his pocket. Behind him trailed a woman, a baby carrier in her arms.

Joyfully, I helped him load the truck with his groceries as his wife buckled the carrier into the back seat. That’s when I surprised him, saying, “I’d really like to have my birth certificate and passport back, Martin.”

His head snapped back and his face went pale as he knew instantly who I was and what I was talking about. Still a scrawny, stick figure of a man, he must have sensed I was more than willing to kick his ass if he got smart-mouthed or resisted me in anyway.

A fast as a ground-squirrel, he hoping behind the wheel and slammed his door shut; slapping the button lock down to make certain I couldn’t open the door and yank him out. I heard him yell at his wife to forget strapping the car seat down and to get in quick.

She had to scramble to get in the passenger seat as he had the car in gear and was pulling away within seconds of learning my identity. Martin nearly hit a mother and daughter as they came out of the grocery store and headed across the parking lot.

Yes, I could have followed him – but I decided not too. Instead I savored the fear of god I had jus’ put into the little man as he disappeared down the road.

That was the last time I saw Martin, that is until he walked by my home a few days ago.

The funny thing is that for years I’ve been trying to get a certified copy of my birth certificate from the federal government since I was born overseas as a military dependent, but to no avail, because I don’t have the hospital registry number. Then about a month ago, I accidentally stumbled on a copy that my parents placed in a ‘school record’s book,’ they started when I was baby – so now I have the necessary number.

Maybe it’s time I invite Martin over for cup of coffee. The whole idea makes me laugh.

Taking a Bite Out of Apple

In September 2013, Apple CEO Tim Cook joined first lady Michelle Obama during President Obama’s State of the Union address. Ironic how fast the tables turned from favor to opposition.

That’s because the Department of Justice and its law enforcement arm, the FBI are trying to force Apple to create a custom software application that will help the agency break into a seized phone. Apple doesn’t want to do that, because it would be creating a security flaw in its own privacy protections, which could then be exploited, both lawfully and unlawfully.

And the DOJ/FBI are using a 227-year-old statute known as the ‘All Writ’s Act of 1789.’ So what is this All Writs Act?

  • (a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
  • (b) An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction.
  • (June 25, 1948, ch. 646, 62 Stat. 944; May 24, 1949, ch. 139, § 90, 63 Stat. 102.)

(A ‘nisi’ or ‘rule nisi’ is a court order that does not have any force unless a particular condition’s met. Once met the ruling becomes absolute and is binding.)

It was part of the Judiciary Act of 1789, which created the federal court system and George Washington signed it into law. In essence it gives the court power to issue orders that do not fall under a pre-existing law.

It serves as a procedural tool for courts dealing with odd and miscellaneous issues that haven’t been covered by other laws yet. And if interpreted broadly, it could undermine the Fourth Amendment of the U.S. Constitution, which reads in part: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”

If U.S. Magistrate Judge Sheri Pym decides in favor of the government, she’ll set a precedent making it easier for any agencies to force a company (or individual) to comply no matter the reason or outcome.  As stated by Thomas Jefferson, “Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.”