Tag Archive: U.S. Constitution


“I’d be safe and warm if I was in L.A; California dreamin’ on such a winter’s day.” — The Mamas, The Papas, 1966

Let’s embark on a little California dreamin.’

What if … California voted to secede from the union?

calexit

The state would inform Donald Trump’s Washington, D.C. that all of its myriad of laws-and-regulations are now-and-forever “null-and-void.” Instead, the world’s sixth largest economy with a $2.42 trillion GDP would be going alone.

Welcome back: California Republic.

The precedent was set when South Carolina, an “S”-state, voted to secede from the union in 1860. Now California, another “S”-state as in “Sanctuary California,” could vote on Calexit next year.

Naturally, constitutional and historical scholars have a habit of getting in the way. They will point to the U.S. Constitution, which would need to be amended by a two-thirds vote of each house of Congress and then approval by three-quarters (38 out-of-50 or more) of state legislatures.

Besides, wasn’t a similar secession program settled at Appomattox Court House in 1865?

appomattox

Details, details, details.

If California votes to leave the union, couldn’t the state’s legion of fighting attorneys simply stipulate, pontificate and bloviate the Golden State is no longer part of the United States? The result would be that all federal laws … including the Constitution … are null, void, not biding and simply not applicable.

Finis. Endo Musico

The ball would then be thrown into Donald Trump’s court. Does he envision himself as the 21st Century comb-over Abraham Lincoln saving the union for the second time?

Would he be willing to go to war with California to save the union?

Trump is already implying a massive loss of funding to the state, if it dares declare itself a “sanctuary state,” defying to not notify federal authorities, when criminal aliens are apprehended.

Let’s say he follows through on his threat; the California Republic responds as suggested by former Speaker Willie Brown by withholding funds from Washington, D.C., and ultimately votes to secede from the union.

What comes next?

The California Republic

“California could very well become an organized non-payer.” – Former Assembly Speaker Willie Brown 

As a former press secretary of the Governor of California (George Deukmejian, 1983-1991), the author of Almost DailyBrett must ask: What would characterize a stand-alone, California Republic?

  1. California would be at least the world’s third-independent, one-party C-state opposing the wishes of the United States of America: California, China, Cuba. Republicans and members of similar subversive political parties would be subject to “extreme vetting” before receiving visas to enter sanctuary California.
  2. California’s highest 13.3 percent income tax rate would be combined with the present federal top income tax rate of 39.6 percent for a total marginal rate of 52.9 percent, all heading to the Franchise Tax Board in Sacramento. Those making less than $60,000 per year (e.g., California definition of wealth) would pay a lower rate on a sliding progressive scale. Each of the state’s 58 counties would be mandated to impose a minimum sales tax rate of 10 percent.

Meg-lev trains are expensive.

  1. Consistent with the California Sanctuary State … err Sanctuary Republic status, there would be no reason for a southern border, let alone a northern border with Oregon or an eastern border with Nevada and Arizona. Anyone could come and go as they please. The words, “contraband,” “illegal” and “undocumented” would be eliminated from the republic’s dictionaries.
  2. In order to avoid any and all unpleasantness with other nations (e.g., USA), California would establish a Department of Peace. The department would then oversee the republic’s Peace Army, Peace Navy, Peace Air Force, Peace Marines and Peace Coast Guard. Peace weapons would never be loaded, let alone fired.
  3. To stop real crime, the republic would establish a Department of Corporate Prosecution taking dead legal aim at those who buy low and sell high, employ tens of thousands, and make the products we need and use on a daily basis. These deep-pocket achievers deserve their just desserts before the Ninth Circuit Court of Appeals.
  4. California’s golden poppy would be replaced by cannabis as the republic’s official flower. These dynamic “flowers” can be used for ornamental, medicinal and recreation purposes. Sorry golden poppy your days in the sun are done. The same is true for childhood immunizations.
  5. The republic’s colleges and universities will replace annoying grading, testing and reading with everyone receiving the highest grade possible. The state would be flooded with 4.0 GPAs. Faculty would be instructed to provide trigger warnings, guarantee safe spaces, and excuse students subjected to opposing points of view.
  6. Hollywierd would dictate California’s culture and would serve as the republic’s propaganda ministry, ultimately controlling all legacy and digital media connections within the republic’s boundaries and beyond. There would be no need for a TMZ.
  7. California would impose strict mortgage and rent controls statewide insuring that no fixer-up bungalow in San Jose could exceed $1.6 million with an outlay of $1,000 per month in property taxes. Glad we got that settled.
  8. And finally all California commuters would be required to use electric, solar, wind or biomass transportation for their five-mile trips that take 45-minutes or more.

Is all of the above, California Dreamin?

“Steve Jobs was on the phone to the editor of Gizmodo, saying, ‘Give me my f…ing (iPhone 4) phone back…Our purpose is to get information out quickly according to our schedule, not according to his (Jobs’) schedule.” – Nick Denton, “Gawker Media” founder and owner.

iphone4

“If you guys (Winklevoss twins) were the inventors of Facebook, you’d have invented Facebook.” – Mark Zuckerberg as played by Jesse Eisenberg in the “The Social Network.”

“I took an oath to support and defend the Constitution. And I saw the Constitution was being violated on a massive scale.” – U.S. fugitive Edward Snowden to the SXSW Interactive Festival.

“Thou Shalt Not Steal. “ – From the 10 Commandments.

If someone broke into your house and stole your hard-earned cell phone, HDTV and precious jewelry with deep-sentimental value, what would be your reaction if certain segments of society actually cheered and applauded the perpetrator?

And would it be totally uncool, if you reported the theft to authorities and shared your suspicions about the culprit(s)?

Or would you just be expected to shake it off, grow a pair (as mumsy-in-law would say) and maybe attend a techy/music conference to cheer-and-hail the thief who stole your intellectual property? Would he now be your personal hero?

Maybe the issue is that certain people truly believe that intellectual property — especially IP researched, developed and safeguarded by government or corporate — doesn’t deserve protection at least in the eyes of those who detest and loathe the “military-industrial complex.” Besides they are way smarter than the rest of us anyway. Just ask them.

Watching the YouTube video and reading media reports of Snowden speaking from autocratic Russia with the U.S. Constitution as his backdrop to hundreds of cheering techies at the South by Southwest Interactive Festival (SXSW) in Austin, one is struck by the irony that Snowden is the ultimate “wanted” man as in wanted for espionage and outright theft of government property.

snowdenSXSW

And yet he is protected in Russia by Vladimir Putin. Yes, the very same Vladimir Putin who helped himself to Crimea. Oops…Almost forgot…Crimea voted overwhelmingly to “voluntarily” join Russia. Let’s see: Snowden steals from America; Putin defies America and many others as well. Got it?

Here is another irony: Steve Jobs is revered, particularly by those who never worked for him, as the greatest technology genius since Albert Einstein. But when the prototype of the iPhone 4 ended up in the hands of Gawker Media’s Gizmodo? Well that’s just tough, Steve. Sorry.

Is this IP-be-damned trend a natural outgrowth of Sean Parker and Napster when it came to music that was written, practiced and recorded, and then heisted, uploaded-to and downloaded-by hundreds of thousands at no cost? The members of Metallica didn’t think it was cool for thousands to pilfer their music, which they regard as their heavy-metal intellectual property.

And now there is even a political movement (die Piraten or the Pirates) in Germany, which basically contends that intellectual property, including the semiconductors, software, search engines, fiber-optic cables, PCs, wireless devices, satellites, which form the basis of the Internet are a basic no-cost human right. Forget about the literally billions that has been poured into governmental and corporate R&D, closing the “digital divide” takes precedence.

pirates

And those 10 Commandments that supposedly were handed down to Moses, including Thou Shalt Not Steal? Well, they are just so yesterday.

Working for a decade as the director of Corporate Public Relations for LSI Logic Corporation, I came to deeply appreciate the proprietary nature of the company’s library of silicon/software intellectual property building blocks (e.g., processors, memory, logic, I/O ports).

We built the first critical processors for Sony’s first two generations of the PlayStation. Without our intellectual property, which either had to be developed, acquired or licensed at great cost and effort, we would not have been in the game. As it turns out, the Sony PlayStation deal was one of the most celebrated design wins for American suppliers, right smack in the middle of a major trade dispute with Japan.

Our legal department constantly reminded us about the need to include the hard-earned ®, ™, and © icons. These are all forms of intellectual property protection, and draw their origins back to Medieval Venice. And today, they are the subject of breathtaking lawsuits and judgments, including Apple winning a $290 million patent infringement judgment against rival, Samsung. Steve Jobs was most likely smiling from heaven.

And speaking of heaven and hell. We were taught to simply don’t steal. And don’t smokescreen theft with deflection discussion of individual liberties and cloaking yourself in the U.S. Constitution. What belongs to you belongs to you. And what belongs to someone else belongs to someone else.

This concept seems so simple and straight forward. Right?

http://www.hark.com/clips/vjljkvbhwl-inventors-of-facebook-you-would-have-invented-facebook

http://en.wikipedia.org/wiki/The_Social_Network

http://www.cnn.com/2014/03/10/tech/web/edward-snowden-sxsw/

http://en.wikipedia.org/wiki/Sean_Parker

http://en.wikipedia.org/wiki/IPhone_4S

http://en.wikipedia.org/wiki/Pirate_Party_Germany

http://en.wikipedia.org/wiki/Ten_Commandments

https://almostdailybrett.wordpress.com/2013/07/11/pr-advice-for-edward-snowden/

http://en.wikipedia.org/wiki/Patent

http://www.uspto.gov/trademarks/basics/definitions.jsp

http://www.usatoday.com/story/tech/2013/11/21/jury-awards-apple-290-million-in-patent-dispute-with-samsung/3644555/

 

 

 

 

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