Climate Change Decisions

Posted in Climate change on September 12, 2017 by alg0rhythm

So, with 3 hurricanes having hit the united states, in the last week, after 3 consecutive hottest years ever there is absolutely no reason we are not now proceeding with haste towards a rapid shift in our energy systems. By haste, I mean, aiming to cut GHG’s by 80% over the next 5 years, missing and getting it done in 8 at worst. I intend, that you will put forth significant effort- in words, and in deeds, to make this happen, now.

Though it should be obvious to be people who are actively seeking information that will best serve to keep themselves and their children alive through the future, I will explain my way of thinking on the subject because it is a topic of great value to all people, in this sea of disinformation and people regurgitating without processing critically the information given to them by members of their tribes- ethnic or adopted.

I’ve actually considered the possibility, in fairly decent depth, whether or not it is all a hoax, or over exaggerated by the admittedly much smaller and insular circle of experts in the necessary subject matter, and come to the conclusion- it doesn’t matter. In the military, the concept for making decisions on impartial information- always present, as your enemies rarely email their battle plans- is the term “actionable intelligence” You have to make a decision, it’s life or death based upon your decisions.

Risks of inaction? Literally everything- the lives of our children, the knowledge and infrastructures built by our fore fathers. Risks of action? Feeling a bit sheepish- not being sure whether you preserved mankind or just really hurried something that should have been done anyway, since pollution kills more people than 9/11 every year. Rewards of inaction- Really really rich people get richer, and certain really useful and skilled people will continue to be employed. Rewards of action- millions of jobs, better homes for Americans, building together to incorporate all that we know about living well, conserving the most of our resources.

1. Consensus of experts… some wise acres, like to quibble with 97% of scientists. Don’t care, doesn’t matter. If it was 72.5, in agreement or 37% with really strong agreement and 27% agreement. People argue a lot. Scientist argue, a lot, though much of it is incomprehensible to most people, they, like Muslims, Jews and American citizens, cannot be accurately represented under a single umbrella. Anything over 50% and considerably less agreement, of the experts, is worth a really good listen, to see if they are right, rather than looking for opinions to see if they are wrong. Because their years of study usually add up to more than your quick looks at something. I will question a profession- the law- in just such a manner but I will explain to you the difference.

2. Scientists, more so than any other profession is about getting it right. Because lying doesn’t help much- in order for you to get any lab cred, somebody else has to take your work and recreate it, usually in a different country, and also confirm you ain’t full of it to get any long term notice. Even then, you’ll probably be dead before you get the award. See- a Nobel Peace Prize, they give you on the off chance you might try to do something good for some group of people at sometime, even if you might help with Genocide somewhere else, and they don’t wait for the actual accomplishments. (see Henry Kissenger)The prize for Watson and Crick (found the structure of DNA) took 11 years, and that was fast. Scientists find out stuff by checking it re checking and then re checking it again, and then having other people question it for years before it is accepted. They should be questioned, but with the presumption that rightly or wrongly, there’s been a real careful look at those things, and real good reasons for what is being said.

3. If a person suggests that a politician or an oil salesman is more reputable than most scientists put together, that person is actually saying, stop listening to me.

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#MAGA America has always been great, and sometimes great comes with some terrible

Posted in Uncategorized on September 2, 2017 by alg0rhythm

Make America great again. America has never not been great. It would be hard, in this vast and rich in resources land not to have greatness. Oil, coal, natural gas, sun, wind, minerals, forests, oceans, lakes, plains, mountains. Our country has a lot of things figured out, running water, mass transportation, highways roads . Lots of things have been figured out in a way that many and most know a pretty opulent lifestyle. The problem is, a lot of it was from the past, and we as a nation are running on the fumes of the post war booms in our physical infrastructure, as a mighty, ambitious engine of building seems to have gone quiet. And in these economic surges there was America’s dirt and dark, whipping black folks into producing the cotton surplus that fed this nation, if we wish to skip over the legally recorded history of double dealing, and straight up genocide of the Americans who were the native Americans when the Europeans got here as illegal immigrants. THere’s two demographics that are far and the way the least wealthy in this country, and there’s reasons for that; the reasons are that those groups were systematically ground into the soil to make it more fertile. Added benefit that those people would not claim their share of the magnificent bounty that is here. Chattel slavery is one of those sins which on their own take generations- and there’s still plenty of racist behavior in this country. I do not agree that only whites can be racist, but it is only whites who can inflict economic racism. Racial discrimination has been proven in Supreme and Appellate Court benches, in some pretty conservative districts. In truth some are not aware; and believe the opposite to be true. This doesn’t make all people bad people, people do as what is around them. That is true of all people, all races. It does not make them entirely wrong either; still have to keep it moving, and work hard, know what you want and keep moving toward it.
There is something stirring it up worse, and the political system, its dysfunction is causing many things to go off the wires; despite a well written script. Legal code is software for government, and it’s a bit buggy, might need a fresh install.
The people themselves are not participating with the discernible eye necessary to champion the causes; a Republic requires great education, and it is sad to say, America as a whole falls far short. In Europe, school children have multiple languages, and a knowledge of American geography as part of their knowledge of the whole World’s.. Despite a lifetime of study of a wide array of science, law, and business operations, I know my education is far short of recent graduates from college in other nations, in many ways. It was a tough thing to swallow, but fuel for the intellectual fires to burn brighter. I’m getting back to Confucius and a goal for 3 languages learned in my lifetime, (room to smash that one) and my science, data and management game is going to be on point, a life time of learning and growing with people who want to do the same.

On Confucius _K’ung Fu-tzu

Posted in Confucius before Rectification of Names, Uncategorized with tags , on August 21, 2017 by alg0rhythm

Sometimes you gotta rock back to leap forward

Sacred Texts

1. Introduction to Textual Resources

The acknowledged founder of the Confucian tradition was the sage-teacher K’ung Fu-tzu (551-479 BCE) whose name was latinized by Jesuit missionaries as Confucius. Born into a time of rapid social change, Confucius devoted his life to reestablishing order through rectification of the individual and the state. This involved a program embracing moral, political, and religious components. As a creative transmitter of earlier Chinese traditions, Confucius is said, according to legend, to have compiled the Five Classics, namely, the Book of History, Poetry, Changes, Rites, and the Spring and Autumn Annals.

The principal teachings of Confucius, as contained in the Analects, emphasize the practice of moral virtues, especially humaneness or love (jen) and filiality (hsiao). These were exemplified by the “noble person” (chun tzu), particularly with the five relations, namely, between parent and child, ruler and minister, husband and wife, older and younger siblings, and friend and friend.

Confucian thought was further developed in the writings of Mencius (372-289 BCE) and Hsun tzu (298-238 BCE). It culminated in a Neo-Confucian revival in the eleventh and twelfth centuries which resulted in a new synthesis of the earlier teachings. Chu Hsi (1130-1200), a major Neo-Confucian thinker, designated four texts as containing the central ideas of Confucian thought: two chapters from the Book of Rites, namely, the Great Learning, the Doctrine of the Mean; the Analects, and Mencius. He elevated these texts to a position of prime importance over the Five Classics mentioned earlier. In 1315 these texts, and Chu His’s commentaries on these texts, became the basis of the Chinese civil examination system, a system that endured for nearly six hundred years (1315-1905).

Neo-Confucian thought and practice spread to Korea, Japan, and Vietnam where it had a profound effect on their respective cultures. Since 1949 the government of the People’s Republic of China has ostensibly repudiated the Confucian heritage. However, the Confucian tradition is currently being reexamined on the mainland, often relying on new publications of European and American scholars.

2. Classic Resources

Confucius, Analects
Tzu Kung asked: “Is there any one word that can serve as a principle for the conduct of life?” Confucius said: “Perhaps the word ‘reciprocity’: Do not do to others what you would not want others to do to you” (XV: 23)1

Tzu Chang asked Confucius about humanity. Confucius said: “To be able to practice five virtues everywhere in the world constitutes humanity.” Tzu Chang begged to know what these were. Confucius said: “Courtesy, magnanimity, good faith, diligence, and kindness. He who is courteous is not humiliated, he who is magnanimous wins the multitude, he who is of good faith is trusted by the people, he who is diligent attains his objective, and he who is kind can get service from the people” [XVII:6].2

Ta Hs-eh, The Great Learning from The Book of Ritual [Li Chi]
The Great Learning summarizes the essential role of humans: to cultivate themselves through both their sincere intentions and their clear examination of things. In so doing a person can help to establish order in both the family and the state. The image here is the power of illustrious virtue to spread to others like ripples in a pond.

The ancients who wished clearly to exemplify illustrious virtue throughout the world would first set up good government in their states. Wishing to govern well their states, they would first regulate their families. Wishing to regulate their families, they would first cultivate their persons. Wishing to cultivate their persons, they would first rectify their minds. Wishing to rectify their minds, they would first seek sincerity in their thoughts. Wishing for sincerity in their thoughts, they would first extend their knowledge. The extension of knowledge lay in the investigation of things.3

Chung Yung, The Doctrine of the Mean from The Book of Ritual [Li Chi ]
The Doctrine of the Mean describes the power of sincerity which emanates outward from humans to the cosmos itself. When a person cultivates their authentic nature they are said to affect the rejuvenating forces in the natural world. Through the process of realizing one’s authentic self, a person forms a triad with heaven and earth.

Only he who possesses absolute sincerity can give full development to his nature. Able to give full development to his own nature, he can give full development to the nature of other men. Able to give full development to others, they can give full development to the nature of other men. Able to give full development to the nature of men, he can give full development to the nature of all beings. Able to give full development to the nature of all beings, he can assist the transforming and nourishing powers of Heaven and earth. Capable of assisting the transforming and nourishing powers of Heaven and earth, he may, with Heaven and earth, form a triad.4

Chang Tsai, Western Inscription
Chang Tsai’s Western Inscription (eleventh century) was inscribed on the western wall of Chang Tsai’s study and was enormously influential in Neo-Confucian thought. Describing the essential kinship of all beings with heaven and earth, it maintains that compassion is the highest expression of kinship.

Heaven is my father and earth is my mother, and even such a small creature as I finds an intimate place in their midst.

Therefore, that which extends throughout the universe I regard as my body and that which directs the universe I consider as my nature.

All people are my brothers and sisters, and all things are my
companions. . . .

Respect the aged. . . . Show affection toward the orphaned and the weak. . . . The sage identifies his character with that of Heaven and earth, and the virtuous man is the best [among the children of Heaven and earth]. Even those who are tired and infirm, crippled or sick, those who have no brothers or children, wives or husbands, are all my brothers who are in distress and have no one to turn to.5

Chu Tzu wen-chi and Chu Hsi
The most comprehensive virtue in the Confucian tradition is jen or humaneness which is like a vital energy in human beings and in the natural world as well. It is a creative virtue which nourishes the life force in all things.

For jen as constituting the Way (Tao), consists of the fact that the mind of Heaven and Earth to produce things is present in everything (Chu Hsi [twelfth century]).6

Wang Yang-ming, Inquiry on the Great Learning
Wang Yang-ming (sixteenth century) emphasized (as had Mencius) the innate goodness of the human mind-and-heart. He underscored the feeling of commiseration in the human which would naturally flourish in the practice of humaneness (jen) extended to other humans and toward all living and non-living things.

Master Wang said: The great man regards Heaven and Earth and the myriad things as one body. He regards the world as one family and the country as one person. . . . Therefore when he sees a child about to fall into a well, he cannot help a feeling of alarm and commiseration. This shows that his humanity (jen) forms one body with the child. It may be objected that the child belongs to the same species. Again, when he observes the pitiful cries and frightened appearance of birds and animals about to be slaughtered, he cannot help feeling an “inability to bear” their suffering. This shows that his humanity forms one body with birds and animals. It may be objected that birds and animals are sentient beings as he is. But when he sees plants broken and destroyed, he cannot help a feeling of pity. This shows that his humanity forms one body with plants. It may be said that plants are living things as he is. Yet even when he sees tiles and stones shattered and crushed, he cannot help a feeling of regret. This shows that his humanity forms one body with tiles and stones.7

3. Contemporary Resources

Philip Ivanhoe, “Early Confucianism and Environmental Ethics”
In both the Analects and the Mencius we find important themes and ideas that both influenced later Confucian views on the environment and that are of value in the contemporary effort to develop an adequate environmental ethic. Perhaps the most characteristic feature of the early Confucian views about nature to be found in these texts are their “human-nature analogues.” I mean by this the tendency to regard certain natural phenomena as emblematic of ethically good people or particular human excellences. For example, in Analects, 2:1, the ideal king, one who rules through the power of moral charisma, is likened to the polestar, which maintains its august position at the apex of the heavens while all the lesser stars pay homage by revolving around it in a stately and orderly fashion. In Analects, 6:23, we are told that those who are wise, being active, flexible, and wide-ranging, are thought to have a natural correspondence with and delight in flowing water, while those who are jen, “perfectly good,” being still, stable, and immovable, are thought to have a natural correspondence with and delight in mountains. We are also told, in Analects, 9:17, that Confucius took special delight in watching the unceasing movement of a flowing stream, seeing it perhaps as a symbol of the unceasing operation of the Tao, or the steady and uninterrupted effort needed to master the Way. In these and other examples, we see Confucius’s belief that nature exemplifies and provides us with models of important ethical virtues. At the same time, they show that Confucius also saw nature as a source of aesthetic pleasure and what, in other work, I have called “metaphysical comfort.” For him and other early Confucians, human beings are very much at home in nature; they find ethical inspiration, delight, and comfort in many of its features. . . .

We see these same characteristics and more in the Mencius. In one of the most memorable and moving passages in the text, the deforested Ox Mountain serves as one of Mencius’s most important and informative illustrations. The image of the denuded mountain is used to show, among other things, that we cannot infer that human nature is without moral tendencies just because we encounter some who manifest no evidence of such tendencies. Human nature can be ground down and effaced just as Ox Mountain was systematically stripped of its once lush vegetation. The story also illustrates the tenaciousness of both our moral sprouts and the mountain’s vegetation; both continue to put forth new growth – shoot and buds – despite the sustained harsh treatment each receives.8

Endnotes

[1] Wm. Theodore de Bary, et al., Sources of Chinese Tradition, vol. 1 (New York: Columbia University Press, 1960) 27.

[2] Ibid., 28.

[3] Ibid., 129.

[4] Ibid., 134-35.

[5] Ibid., 524.

[6] Chu Tzu wen-chi, CTTC, 67:20a, translated by Wing-tsit Chan in Source Book in Chinese Philosophy (Princeton: Princeton University Press, 1963) 594.

[7] Ibid., 659-60.

[8] Philip J. Ivanhoe. “Early Confucianism and Environmental Ethics.” In Confucianism and Ecology: The Interrelation of Heaven, Earth, and Humans, eds. Mary Evelyn Tucker and John Berthrong (Cambridge, Mass.: Harvard University Press, 1998) 67-68.

Reprint Permissions

Classic Resources
Wm. Theodore de Bary, et al., Sources of Chinese Tradition vol. 1 (New York: Columbia University Press, 1960). Excerpts from Sources of Chinese Tradition edited by de Bary, Chan, and Watson Copyright © 1960 Columbia University Press are reprinted by permission of the publisher. All rights reserved.

Chu Tzu wen-chi, CTTC, 67:20a, translated by Wing-tsit Chan in Source Book in Chinese Philosophy (Princeton, N.J.: Princeton University Press, 1963). Excerpts from the Source Book in Chinese Philosophy translated by Wing-tsit Chan Copyright © 1963 Princeton University Press is reprinted with the permission of the publisher. You may read and browse this materials at this website. However, no further copying, downloading, or linking is permitted. No part of this material may be further reproduced in any form by any electronic or mechanical means (including photocopying, recording, or information storage and retrieval) without permission in writing from the publisher. Users are not permitted to mount this file on any network servers. For permission requests and to search our online catalog, please see the Princeton University Press website.

Contemporary Resources
Philip J. Ivanhoe. “Early Confucianism and Environmental Ethics.” In Confucianism and Ecology: The Interrelation of Heaven, Earth, and Humans, eds. Mary Evelyn Tucker and John Berthrong (Cambridge, Mass.: Harvard University Press, 1998). Excerpt from “Early Confucianism and Environmental Ethics” by Philip Ivanhoe in Confucianism and Ecology Copyright © Center for the Study of World Religions at Harvard University is reprinted with the permission of the Center for the Study of World Religions at Harvard University.

Copyright © 2001 Forum on Religion and Ecology.

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Motion for Emergency Relief via Climate Change

Posted in Uncategorized on January 3, 2017 by alg0rhythm

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DARRELL PRINCE,
Plaintiff,
vs.
UNITED STATES GOVERNMENT

MOTION FOR EMERGENCY INJUNCTIVE RELIEF AND ACCOMPANYING MEMORANDUM OF LAW
COME NOW Plantiff Darrell Prince, pursuant to Constitutional law here move this Honorable Court for emergency injunctive relief, and in support would state as follows:

1. FACTUAL BACKGROUND
1. The federal government of the United States of America, has been aware of a massive threat to the Republic for nearly 40 years- dating back to the Nixon administration, there were memos about losing cities. The observations, and theoretical framework have been built upon since before the Civil War, by scientific founding fathers like Tyndale, Fourier, and early 20th century Arrhenius(Nobel prize laureate)
2. CO2 levels have increased by 43% over the last 50 years- the US, just from oil, puts 15 billion pounds of CO2 into the atmosphere, every day. Methane has increased by similar amounts, and is 86 times more powerful a greenhouse gas.
3. Global warming is, the heating of the Earth, because of fossil fuel burning, releasing heat, and CO2, and methane, which act as insulation for the earth. It is the insulation due to gases that allows temperatures on the earth to support life on it. Currently and for the forseeable future because of the sheer scale- global warming is irreversible
4. Global warming is a man-made acknowledged threat, to the stability of life in the United States, currently, by the US government, the President, EPA, NOAA, NASA, DOE and DoD, as well as the UN, and every major scientific organization on the planet, and the subject of remarkable consensus in the field of study of >90%
5. In the Northeastern United States, evidence of a clear and unmistakable shift have occurred, in the form of two consecutive 60 degree Christmases, in the third consecutive hottest global year on record.(NOAA)
6. There are several likely feedback loops, from albedo, to permafrost, methane clathrates, that would make the rate of global warming increase exponentially faster- in other words, the more it warms, the faster it would warm, because at a certain temperature- more methane and CO2 than is currently in the atmosphere could be released.(Clathrate Gun)
7. Nature estimates the potential threat at 60 trillion dollars
8. To date, there have been no scale significant expenditures to deal with this threat-other than nuclear war, or internal strife, the only credible threat to US soverignity- for scale size we would look to the Iraq War and subsequent Occupation- 100+ billion per year on what was a dubi

11. BASIS FOR EMERGENCY RELIEF

IMMEDIATE INJUNCTIVE RELIEF IS APPROPRIATE
(1) Plaintiff claims have a substantial likelihood of success on merits because the role of government in protecting natural resources, and the lives of the people (American interests) is well established, the threat is nearly universally accepted by appropriate and near appropriate scientific bodies. Similar to a satellite detection of foriegn troop ships setting sail for America, the onus should be on Congress, and the President to demonstrate why with such a dire threat to American prosperity, they would risk inaction.
(2) Plaintiff has no adequate remedy at law because no money damages are involved; though money for corrective actions are sought if appropriate bodies cannot be compelled to acknowledge and deal with a threat well established.
(3) Irreparable harm will occur unless immediate injunctive relief is granted; all emissions at present time must be considered irreversible. We cannot know the tipping point for runaway change occurs- much like radiation sickness, by the time the symptoms make you sick, you are likely already dead but still walking. Currently the trend is clear, that warming is happening is clear.
(4) The relief will serve the public interest; long term societal stability is obviously in the public interest. In addition- the rapid deployment of energy resources, upgrade and the necessary retrofits to every single American structure, would act to bring millions of non-outsourceable jobs to every town, city, state in the United States, and primarily the sorts of hands on work that is currently the cause of low workforce participation rate.

WHEREFORE, Plaintiff respectfully request this Court to enter a writ of mandamus or order to show cause for failure to address these issues in a public forum, and failing the ability of the government to come to a decision/ plan to address this at an appropriate scale we ask to help develop 250 billion in programs to be directed towards appropriate actions. The US has been proactive with much less official consensus threats, than 95% of the appropriate bodies concurring, and directed $100 billion per year, and over a Trillion to the Iraq War and subsequent Occupation. Were China or Russia to be sending troop ships towards the United States, and Congress or the President refused to address them, I would expect there to be a demonstration of the reasons for ignoring the safety of the public announced.
Contingent upon the Defendants willingness to develop and implement a plan that has a chance of addressing these pressing issues, we seek 250 billion dollars in budget (5 billion per state, mitigated somewhat by population size) to begin the process of developing the projects and plans capable of
ramping to a level that could address the threat, and make the US a leader (currently lagging China, Germany, Sweden and France in renewables development and energy usage.) Plantiff will confer with other appropriate bodies as to other appropriate items for relief than sought in this and the original petition (enclosed)
Plantiff also seeks to hold in all current government staff in place to deal with climate change- as well as any data to be held in perpetuity the incoming administration has demonstrated hostility to Climate Change science, but not cause or credible disagreement with such science.
Plantiff also seeks a hold on the incoming cabinent members as ineligible, for domestic entanglements via emoluments clause
Plantiff asks leave to present other forms of relief sought at the time of hearing.
Plaintiff further seeks all such other relief as the Court deems just and appropriate.

Respectfully submitted this 30th day of December 2016 by:

Darrell Prince
(347)286-8248
Prince.darrell@gmail.com

Case I filed vs US Federal govt re: Black lives matter

Posted in Uncategorized on August 28, 2016 by alg0rhythm

Prince v. USG
Posted on February 15, 2016

United States District Court for the Eastern District of New York

Case Reference:

U.S. District Court, Eastern District of Pennsylvania

Civil Action No.15-1917

Priority:

Highest- Declarational and Constitutional violations killing Americans

As the issue of rampant police violence and extralegal use of force clearly is part of a national set of patterns and practices, violating Constitutional amendments, and is, according to the Declaration (aka THE founding document) literally cause for legally abolishing the government, we ask for an immediate consideration and action.

Court Action sought, Immediate:

A national, and immediate injunction against single officer use of force(wait for back up in danger situations), especially deadly force without specific cause such as the immediate threat to citizens or a firearm.

Immediate and consistent documentation of use of force at all levels, (including prisons) to be reported in a consistent format, in less than 12 hours, open to public with perhaps officers names substituted for an identification number. While the final system may take longer, a simple 10 entry database system scalable to several million entries should take less than a week for qualified professionals to build out. This should include immediate supervisors, witnesses,

Immediate process tracking of any cases that arise involving agents of law including judges, court employees, as well as police, but especially regarding police use of force cases, and the development of a rubric to identify and track current methodologies, best and worst examples of same, and the noting of any irregularities, that may arise due to conflict of interest.

Review of all cases pending trial for “speedy trial” violations

Opening note:

It is important to note that in no way is this specifically a criticism of the individuals named in this suit- largely, in my opinion the men and women do their best to make sure there is as much justice as they can. in a system, we do our best, working with those around us, and shiny new parts get tarnished by soot and poor function of a system long ago in need of an audit and update. The greatest criticism, is one of human behavior; there are law enforcement, lawyers, judges, who perpetuate the worst of behaviors, that go on, unchallenged despite evidence that would trigger jail sentences or even death penalties in any other profession, but, people are not prone to outing their own, whistle blowing is usually frowned upon, understanding

Introduction:

This document calls for a full Rebranding of America, legally, the formal re-swearing of the oaths and the principles to which this country was founded, and the elevation of the execution of the law to scientific precision, by reigniting the flame of national, legal debate, and re-engaging the consent of the governed, expired long before any still living, culminating, in a new Constitutional Convention, and a government better suited to the future of our nation using means already provided to us by the Founding Fathers.

Scope:

The scope of this case is expanded twice. First from the individual to the national, as the problem to be properly understood, and fixed, must be dealt with as part of a systemic, national issue- similar to how doctors rarely treat individual bumps of chicken pox. Second, from use of force by law officers to a greater malady, the gap between defacto and dejure law, as a common thread running through out our systems of government.

Standing invoked:

As noted in the PA case, as a person who has been attacked by police officers without cause, I am a member of a class of people who have been adversely affected by the failure to address a serious concern with how many police officers in this country behave.

I would note that 1st amendment, Congress shall make no laws prohibiting the right to petition for redress of grievances, suggests that standing should be applied liberally at best and at worst, any notion of rejection of a clear Constitutional violation by the government, could be construed as one of the Declaration’s legitimate reasons for revolution, “In every stage of these Oppressions We have Petitioned for Redress in the most humble terms, our repeated Petitions have been answered only by repeated injury.”

Venue Shift Rationale:

An issue of this magnitude, addressing as it does the foundation of American law, supersedes regional district conventions; and requires examination by courts in every state.

Relevant Statutes and Case Laws:

14th amendment (due process and equal protection)

8th amendment (cruel and unusual punishment)

Declaration of Independence(repeated violations of right to life as reason for altering or abolishing government, refusing assent to laws, for protecting them (military) by mock trial from punishments for murders they commit on inhabitants)

Harris v. City of Canton(deliberate indifference)

Spell v. McDaniel (Municipal liability)

Walker v. City of New York (Failure to Train)

Vann v. City of New York (deliberate indifference)

Standing invoked:

As noted in the PA case, as a person who has been attacked by police officers without cause, I am a member of a class of people who have been adversely affected by the failure to address a serious concern with how many police officers in this country behave.

I would note that 1st amendment, Congress shall make no laws prohibiting the right to petition for redress of grievances, suggests that standing should be applied liberally at best and at worst, any notion of rejection of a clear Constitutional violation by the government, could be construed as equivalent to refusing assent to laws, “In every stage of these Oppressions We have Petitioned for Redress in the most humble terms, our repeated Petitions have been answered only by repeated injury.”

Legal Theory Advanced:

That the ultimate responsibility for enforcement of US code, is the US federal government, and that the code of conduct, that stems from US code is applicable to law enforcement at ALL levels.

2.That when an issue, becomes national in scope, particularly in regards to Constitutional issues that it is the duty of the federal government to act, and to set up such safeguards as to disarm the threat, regardless of the source, and provide for safe guards, structurally. (equal protection under,and from the law.) Expansion of scope, but similar concept as municipal responsibility. The courts have consistently held, that municipalities can be held liable for the actions of their actions of their employees, especially when “deliberate indifference” has been shown or acquiescence in unconstitutional practices.

The current problem with police brutality, is not in fact, a problem at the city level, and seems to be the same nationally, from New York, to Philadelphia, to Denver, Oklahoma, San Francisco and LA. What happened to me was symptomatic as a single bump of chicken pox; treating it individually makes as much sense as sending the child to a different doctor for each chicken pox bump.

The total number of excessive use of force cases is unknown as it is not currently tracked. Police in the United States kill 1400 people per year, (killedbypolice.net, the guardian) by contrast, the next highest country for citizen deaths by police is Canada with 25, making the US death by police rate 70 times that of the next highest country. It is reasonable and perhaps conservative to say that for every death, there are likely 20+ brutality cases. Since physical abuse is a crime, no matter who commits it.

Given that there is 99% indictment rate for citizens; <5% for police officers it is safe to say clemency for extra legal killing, and brutality have become a de facto part of the American Justice system. These cases involve a violation of due process, cruel and unusual punishment and equal protection under the law as well as simple murder, and conflict of interest issues will prevent proper legal advancement of cases as we see from the numbers involved hence the responsibility o the failure to correct systemic issues by the federal government represents responsibility via Haynesworth V Miller, and Owen v. City of Independence. this also looks similar to “For protecting them, by mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these states“

Further, as prosecution of police officers requires the buy in from co-workers (other police and prosecutors), it is unlikely that there would ever be a reasonable or fair proceeding with regards to police. Thus is in need of a change of venue, and likely a permanent community review board because nearly any one involved in a legal system at the city or state level is going to have a conflict of interest, and indeed, that is seen in the prosecution rates of police, nearly non-existent, despite the relative eruption of such cases in our mass media. In fact, even with a prosecutor outside the direct sphere of the officer, professional mindset, or cultural mindset is likely to still be a significant factor.

The more radical part of the legal theory put forward, is that the Constitution’s Supreme legality is in stare decisis Declaration’s legality, and that the official definition, scope, and use of government as it relates to individuals in the United States is given in that documentation, and is always, a valid petition for redress of grievances as per the 1st Amendment.

There is little doubt in the historical record; the precedent for the Constitutions Supreme legality comes from the ratification methodology used with the Declaration. The divorce from one set of laws, the definition of what government is and should be, and the creation of said government can be defined as the most legal of acts. Further, the treatise duly voted upon by every district in a new country, and the reasons, paid for with the blood of

the citizenry, for said change in government and founding of a new one, and signed by 4 of the 5 first presidents, the designated date of a new country can hardly be said to have no legal weight.

It was referenced by Abraham Lincoln during the Civil War, and ironically enough in the secession letters of the Southern states, though blatantly failing the test of legitimate government’s duty to protect the liberty of people. According to a Constitutional scholar and current President of the United States, Barack Obama “The Declaration is the lens through which the Constitution should be viewed”(needs citation).

In this particular case; it is useful, because if the core of responsibility of government is to protect 1 life 2 liberty and 3 the pursuit of happiness, being the largest jailer in human history is a problem, having the largest death by police rate in the civilized world is cause for a rapid and immediate change, and the focus on ensuring the pursuit of happiness for the individual, may have a startling effect on the current crisis of shootings, and mental health in this country.

A republic will be stronger if the constituents hold a strong image of the law in their collective understanding, supplemented by a stronger image by those who enforce it.

The general principles around the Declaration can be more simply and easily explained and taught than the relative specifics of the Constitution, and out of alignment outcomes are more glaring when viewed from a Declarational framework.

Restitution sought:

Is that the responsibility for Constitutional conduct be proactive, creating a framework, training, and data collection methodologies for the expectation of federal audits of practices, defining, standardizing and broadening conflict of interest standards for police, prosecution, prison, and the courts. Review of legal practices; courtroom technologies, wait times, and processes, also kept, transparently as part of a national database, and an experiment begun with the states to establish new court room norms for speedy trials. Also as the adaptation of a framework that is lighter and simpler for both enforcement agents and citizens to understand, the basics, the Declaration of Independence, which contains the official definition of government in US code, as well as it’s core functions with regards to the rights of the individual, to be trained and oath sworn at any level of employment or engagement in government activities, with the urgency being with law enforcement.

Further, the larger gap between de facto and de jure law needs to be addressed in such a manner as is not currently proscribed in our frame works.

Particularly right to a speedy trial, (people waiting 2+ years for non violent offenses?)and the 4th amendment – civil forfeiture seems to be a clear violation this., and the mass incarceration that has literally millions imprisoned for non violent crimes while the financial felonies of the past 10 years have been formally waived, creating 14th amendment conflicts. While rights to life and liberty have been specifically addressed though poorly enforced by later documents like the Constitution and the Bill of Rights, and case law, the pursuit of happiness has never been formally explored or examined by government; and it is likely that a happier per capita populace would not lead the world in mass shootings.

Is it strictly legally necessary to address these case by case, or can it be addressed by actions addressed to the heart of the issue- which is the de facto, de jure gap that has expanded until members of the US governmental system can be seen to be an obnoxious and painfully obvious call to action to change and the failure to have expressly written frameworks for what acceptable actions are or are not according to guidelines, i.e. how many days is a “speedy trial” what is cruel and unusual punishment (waterboarding, etc.) According to the decision to found this country, the answer was clear; NO. Their methodology was to abolish the government that disobeyed, flagrantly it’s own rules and create an entirely new one, and sometimes just a mostly new one. We are at another such time,

While it is understood that this court cannot provide all of the answers sought in this case, it is clear that these deficiencies in the current de facto set up threatens the bedrock of Union to slow decay.

It would serve the American people and it’s legal system to recognize formally the Declaration, the Constitution, and the US Code as successively more detailed from principles to ruling frameworks, simplifying the overall code, and making it easier to address and prevent further unhealthy dissonant gaps between de jure and defacto law.

Likely, it would be best also to re-engage the consent of the governed, as no one alive consented to this government, and that can only be done through Constitutional Convention.

Court Action sought, as part of full restitution:

Recommendations from this court on correcting the de jure vs de facto chasm in American law, including civil forfeiture, mass incarceration, multi year weights and other clearly deviant outcomes from the intent.

A national Constitutional minimums set up, clearly defining the current best practices for law enforcement as a minimum for standards of officer behavior, to Constitutional training, to what a speedy trial entails, what cruel and unusual punishment entails.

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REvisiting Tamir Rice’s murder
Posted on November 21, 2015

As we approach the one year anniversary of 12 year old Tamir Rice’s death at the hands of the Cleveland police, there are two ways we must examine this for the need for change. At a time when 1400 people per year are killed in the United States by agents of government at some level, by a factor of 70 x the worst record for police killings in any first world country, to go with the highest number and rate of incarcerated citizens, there is clearly a national problem with our systems of enforcement. The first is the purely human, emotional, or Judeo-Christian, Muslim Buddhist, humanist, Constitutional or Declarational value systems. A 12 year old was killed by the people whose job it is to protect him. If you don’t know that his mother has trouble sleeping at night for the loss of her baby boy, perhaps you should talk to a mother about how she feels about her children and really understand the term mother from their perspectives. That this is something that must never be allowed to happen again is something to which you must agree to honestly say you subscribe to any of the prior belief systems.

The second, and the one I will focus on here, because this part seems less obvious, is what an astonishing, and downright frightening collapse of purpose- demonstrating extreme weakness in response operations, security and problem that occurs here.

A call comes in that there is a person with a gun- which MAY be a toy- the call taker does not disseminate this information to the dispatcher, or to the responding officers.

The officers ordered to a scene where there is potentially a live gun are a pair of ROOKIES. Why rookies would ever be first to a scene, and first to engage- unless there was an immediate public threat- something to first be determined from a distance and approached with a speed determined after the initial observation, is unexplainable.

These rookies drive up to point blank range. As in, before they get out of the vehicle, had they been responding to a genuine psychopath, or someone who was mentally disturbed, they both could have very easily been shot dead without even exiting the vehicle. He then jumps out of the vehicle with his gun drawn; enough again, to startle someone into shooting, if in fact they had a real gun.

It seems to me that procedure in this situation would be to get an assessment first from a safe, and preferably unobservable position to assess threat level, and relative level of public safety, and relay this information to a more experienced officer, before deciding to close in. Likely, without that immediate threat to public safety, it would almost certainly be best to wait for back up, and go in with overwhelming force, which often can pre-empt attempts at fighting their out of situation- 2 cops can be handled, 6 cannot, so surrender would be more likely.

We later find out that this rookie officer was dismissed from another department as unstable, and he is armed, and put out into dangerous situations, with only another rookie for guidance. Municipal and senior officer liability is assured.

Beyond the fact that a government officer of a part of the United States is now responsible for the death of an American, one of the causus belli for the American Revolution, and firmly contradicting the Constitution, it is a frightening look at how unprepared our officers would be to deal with real threats- sophisticated and highly trained operatives of foreign or malignant domestic entity. The training for these sorts of interactions are all Constitutional, and thus, ultimately – we must use each case to develop and sharpen templates to avoid this kind of behavior from a couple of aspects. It also means, that at the end of the day; that as a national problem has emerged, it is not simply up to the individual departments to fix, but that a new, methodology for Constitutional enforcement minimums must be established, including provision to ensure that the conflict of interests that are now causing a 99% indictment rate for citizens and a <5% indictment rate for police- even as we see being moved towards in this case, in the Eric Garner case, are not a factor in achieving justice.
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Stopping the whitewash of the death of Tamir Rice on the one year anniversary

Posted in Uncategorized on October 28, 2015 by alg0rhythm

As we approach the one year anniversary of 12 year old Tamir Rice’s death at the hands of the Cleveland police, there are two ways we must examine this for the need for change.  At a time when 1400 people per year are killed in the United States by agents of government at some level, by a factor of 70 x the worst record for police killings in any first world country, to go with the highest number and rate of incarcerated citizens, there is clearly  a national problem with our systems of enforcement. The first is the purely human,  emotional, or Judeo-Christian, Muslim Buddhist, humanist, Constitutional or Declarational value systems. A 12 year old was killed by the people whose job it is to protect him. If you don’t know that his mother has trouble sleeping at night for the loss of her baby boy, perhaps  you should talk to a mother about how she feels about her children and really understand the term mother from their perspectives.  That this is something that must never be allowed to happen again is something  to which you must agree to honestly say you subscribe to any of the prior belief systems.

The second, and the one I will focus on here, because this part seems less obvious, is what an astonishing, and downright frightening collapse of purpose- demonstrating extreme weakness in response operations, security and  problem that occurs here.

A call comes in that there is a person with a gun- which MAY be a toy- the call taker does not disseminate this information to the dispatcher, or to the responding officers.

The officers ordered to a scene where there is potentially a live gun are a pair of ROOKIES. Why rookies would ever be first to a scene, and first to engage- unless there was an immediate public threat- something to first be determined from a distance and approached with a speed determined after the initial observation, is unexplainable.

These rookies drive up to point blank range. As in, before they get out of the vehicle, had they been responding to a genuine psychopath, or someone who was mentally disturbed, they both could have very easily been shot dead without even exiting the vehicle.  He then jumps out of the vehicle with his gun drawn; enough again, to startle someone into shooting, if in fact they had a real gun.

It seems to me that procedure in this situation would be to get an assessment first from a safe, and preferably unobservable position to assess threat level, and relative level of public safety, and relay this information to a more experienced officer, before deciding to close in. Likely, without that immediate threat to public safety, it would almost certainly be best to wait for back up, and go in with overwhelming force, which often can pre-empt attempts at fighting their out of situation- 2 cops can be handled,  6 cannot, so surrender would be more likely.

We later find out that this rookie officer was dismissed from another department as unstable, and he is armed, and put out into dangerous situations, with only another rookie for guidance. Municipal and senior officer liability is assured.

Beyond the fact that a government officer of a part of the United States is now responsible for the death of an American, one of the causus belli for the American Revolution, and firmly contradicting the Constitution, it is a frightening look at how unprepared our officers would be to deal with real threats- sophisticated and highly trained operatives of foreign or malignant domestic entity.  The training for these sorts of interactions are all Constitutional, and thus, ultimately – we must use each case to develop and sharpen templates to avoid this kind of behavior from a couple of aspects. It also means, that at the end of the day; that as a national problem has emerged, it is not simply up to the individual departments to fix, but that a new, methodology for Constitutional enforcement minimums must be established, including provision to ensure that the conflict of interests that are now causing a 99% indictment rate for citizens and a <5% indictment rate for police- even as we see being moved towards  in this case, in the Eric Garner case, are not a factor in achieving justice.

Rebuilding America

Posted in Uncategorized on April 24, 2015 by alg0rhythm

energyREBUILDING AMERICA, Clean and Green

3 Million new jobs, 100 billion+ in additional tax revenue, 1st year 12.5 GDP

growth, with an average of 6% over 5 years, and 25 % cut to GHG (with

more after testing begins), unemployment down below 3%, better, long

lasting products, more money in consumer’s pockets

Year 1 (Building envelope and housing focused)

Inputs

(in B$$)

0      National building code, with penalties, and hold on sale/rental based on energy efficiency

as well as energy usage meters on cords of devices, phase in 2020, which is also the

payout year on the lend loss insurance. National recycling standards bill, requiring 2

weekly pick up, and 90% material reusability for electronics

-25 Training program –

{Treasury} Turn out 2 million qualified energy experts,  priority for recent  fossil fuel employees

levels, minimum energy efficiency of windows, doors and building envelopes,

Land grant colleges

20,000 teachers @65k (includes overhead) @ to teach Energy audit HVAC and

insulation

Stipends for 1 million low income/ hardship grants for 6 months @12,500

1 million no tuition scholarships

+100 Green bond issues-

{Public sales} Lend loss fund for 1 Trillion(assuming a very conservative 10% fail rate) in gov backed

conservation bonds for efficiency(up to 50% deal size), generation (20%), cosmetic(max

30%)

Outputs

Savings increase, nationally as the bonds become savings currency at high yield 4%

(in B$$)

1000 Retrofits and upgrades–

10 Million buildings being upgraded, building material sales, labor

+100 Revenue increase

Assumes a very low Income tax collection of 10% on the trillion spent