Sunday, April 14, 2013

Fundamental

Fundamental
1
a : serving as an original or generating source 
b : serving as a basis supporting existence or determining essential structure or function 
2
: of or relating to essential structure, function, or facts ; also : of or dealing with general principles rather than practical application 
3
: of central importance 
4
: belonging to one's innate or ingrained characteristics : deep-rooted

Those are straight-forward definitions of what the word means. I'd like to look at each definition as it relates to the founding of our country. 

This country was formally founded by the Declaration of Independence. A document declaring our natural rights as human beings ,giving the reasons for our desire and right to separate ourselves from the tyrannical rule of King George III of England and finally, the declaration of our country as independent among the nations of the earth. This established the people living in the colonies as the United States of America. This was no small thing, as the last words of the document state:
 And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
Soon, the realization that the Articles of Confederation were not up to the task of being the supreme law of this newly formed great nation, the leaders met again to draft what would live up to that task. The Constitution of the United States was soon ratified and included the first ten amendments as was declared necessary for the ratification. The Constitution is the fundamental bedrock for the way this nation was supposed to operate. With that, let's take a look at what fundamental means in relation to this document.

The constitution is the original document laying out how this country should operate. It was not the first document to govern life in the colonies, but it was the first post-independence document that had authority over all of the states. It was the origin and source that generated our laws. As the basis supporting our existence(our Declaration of Independence) it works to establish the essential structure and function of our government in the way that the founders envisioned. We declared our existence and then said this is how it will work.

It deals with the essential structure and function of our government. Essential, as in, absolutely necessary. If we take away the constitution, we are left with nothing. The meaning of central importance can't describe any better what the constitution means to our country, not only the founding, but the basic survival. No law, agency, politician, position or party even comes close to being as important as the Constitution is to the US.

It is the life-blood of America. It is a written representation of what our founders saw as the characteristics of what a country steeped in liberty should be. It literally mirrors the characteristics of the founders at large. They fought and died for the belief that we, as human beings deserved to live by our God given rights that are described in the Declaration and defined and expounded upon in the Constitution. Not only they, but many more since have taken an oath to uphold the Constitution and many have done so to the point of death in defense of it.

When you think of America and apply the word fundamental to it, you are left with these two documents. They are bound to each other. They cannot be separated without taking away part of the other. They function together as the reason and capacity for our existence as a nation. They are the cornerstone of this great United States of America. Without them, we as a nation, are doomed to become but a memory of what once was.

With this in mind, I want you to think back to October 30, 2008, when Barack Obama said "we are five days away from fundamentally transforming the United States of America".
Looking back on the last 5 years, there can be little doubt what he meant when he said that. If has kept any campaign promise, it was this one.

The presidential oath of office as spelled out in Article II, Section I, Clause VIII of the Constitution of the United States of America says this:
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Clause VI speaks of the president's inability to discharge his duties. As far as I can tell, that would be his only defense of his gross dereliction of duties to uphold and defend the Constitution. In that defense, I would not argue with him at all. He seems supremely in-able.

Any questions?

Thursday, April 11, 2013

First They Came...

There was a Lutheran pastor named Martin Niemöller that lived in nazi Germany. He suffered greatly at the hands of Hitler after believing the lies Hitler told him regarding potential persecution of the church and of the Jews. Hitler was a fantastic liar. He got an entire country to believe him. He convinced them of mighty things and better ways of life, and they believed him. They voted for him. They followed him. Then, when he had all the power he needed, he showed them who he really was. That whole episode didn't really turn out that well for a whole bunch of people.

Mr. Niemöller wrote this little verse at some point, presumably after everything fell apart.
First they came for the communists,
and I didn't speak out because I wasn't a communist.
Then they came for the socialists,
and I didn't speak out because I wasn't a socialist.
Then they came for the trade unionists,
and I didn't speak out because I wasn't a trade unionist.
Then they came for the Jews,
and I didn't speak out because I wasn't a Jew.
Then they came for the Catholics,
and I didn't speak out because I wasn't a Catholic.
Then they came for me,
and there was no one left to speak for me.

We Americans are in the cross hairs of a very similar "they" referred to in his poem. They aren't nazis. They are best described as statists, as defined by Mark Levin. They are those who want state, or government control of everything. Every aspect of our lives would be controlled and limited as they see fit. These statists aren't limited to liberal or conservative, democrat or republican, left or right, young or old, no, they are a disgusting mixture of everything. Labels like those are merely hiding places for these would be tyrants.

They aren't rounding people up, putting them on trains and sending them off to camps, or worse. They aren't that bold yet. Hitler worked fairly quickly. Stalin wasn't much of a dawdler either. Mao made quick work of his people. America's statists have been very determined and have been working for well over 100 years. Woodrow Wilson could rightly be called the modern father of progressivism. FDR took the ball and ran. LBJ continued and modern liberals have been the main group for the last 40 years or so.

What has been the main tools they use in this creeping tyrannical oppression? The two I contend that have had the biggest impact are the administrative state and judges that have legislated from the bench by way of the decisions they made. The examples are many in both instances. Some examples of the administrative state gone wild are the multitudinous regulations forced upon us by the likes of the FDA, EPA, IRS and countless other agencies that are accountable to no one. I could post specific examples, but the number of pages of law they have created was well over 75,000 last time I looked at it. Meanwhile the federal courts at all levels have been acting as lawmakers with very little oversight for over 200 years. If you don't know how Roe v Wade came into being for example, it's a fascinating, yet maddening read. It has far less to do with abortion than you would imagine. It is just one example of how judges have picked out a word or phrase here and inserted a word or phrase there in order to change meanings and open up door that had been shut either legislatively or by popular vote.

So, back to Mr. Niemöller. How are "they" coming for us? I believe they are coming one freedom at a time. His poem could be re-worded to fit our time.

First, they came for the guns,
I didn't speak because I wasn't a gun owner.
Then they came for the gas-guzzling cars,
I didn't speak because I drove a Prius.
Then they came for the right to speak against the government,
I didn't speak because I said no such things.
Then they came for the right to vote,
I didn't speak because I wasn't registered.
Then they came for the churches,
I didn't speak because I'm not religious.
Then they came for me...
There is no time to wait. This is no time to be silent. They have been and continue to get more bold as they come for our rights as American citizens.Our constitution was written to be the law of the land. There are provisions within the document that lay out, very clearly, how to amend it. The back door to the constitution has been left open for too long now. We can not afford to let progressive statism run rampant any longer. This is a critical point in the history of this great nation. Should we let our freedom be taken away, like John Adams said, it will be gone forever.

I enjoy what freedom I have by virtue of being born an American. If you sit silent and watch me lose my freedoms and wind up in the same train car, rest assured, I'm going to punch you in the throat.

Wake up America. Be responsible with the liberty you still have.


Thursday, April 4, 2013

Target Corporation and Your Personal Information

I recently read an article about a gentleman who encountered Target's policy of "swiping" your driver's license in order to purchase nicotine patches for his son[1]. The story contains links to several other instances of related experiences at Target. I became very interested in what they are doing and why.

Last week I had the occasion to visit Target in order purchase a bottle of NyQuil. I had the story in the back of my mind when I reached the check-out line. Sure enough, upon scanning the single 12 oz bottle of NyQuil, the computer informed the cashier(who was brand new) that she needed to scan my ID. She asked to see my ID, and I opened my wallet to the window where it is and showed it to her. She then informed me that she needed for me to give it to her in order to scan it. I told her(as I had read in the story) that she could do a manual check and have a manager override the computer. Being new, she seemed reluctant. I told her just type in the birth date and it will ask for a supervisor. She did and it did as well.

When the manager came over and saw the screen prompting her for a password, without asking me or the cashier anything, she blindly typed it in, thereby giving the system approval to sell me the NyQuil. Only at that point did she realize why she was being asked for a password. She never addressed me or even made eye contact with me. She told the cashier, "oh, its because it is medicine, we have to swipe the ID, I'll show you how later". With that, she turned and walked away. The cashier apologized for the time it took to get that done and finished the transaction. I assured her that there was no problem and that I appreciated her taking care of my request.

When I got home, I wrote Target Corp. an email asking why they require an ID to be swiped when purchasing NyQuil as I had done. It was a simple request to see if they would let me know what their policy is in this matter. A couple of days later, I received the following response. (Emphasis mine)
Dear Chad,

If a guest approaches checkout with an age restricted-item, cashiers are prompted to check ID and scan the guest's driver's license. Scanning an ID provides a more accurate way to verify date of birth and creates a quick and efficient checkout experience for our guests. The personal information collected is solely for legal compliance and fraud detection.When scanning an ID for this purpose, the systems only capture the same data that would be captured in a manual check: first name, middle initial, last name; ID type, ID number, ID state of issue; address, country; date of birth. The data is stored in a secure environment and is deleted at the end of the standard retention period that we have established for that data.
Sincerely,

Beth
Target Guest Relations

Oh. Well, that explains nothing. So I responded to "Beth" with the following:
Beth,

Thank you for responding. I do, based on your response, have a few more questions about this policy. If the sole reason for scanning an ID is for legal compliance and fraud detection, why is ANY information other than that legally required to purchase a product(age) scanned? My address or middle initial or drivers license number is not required to determine my age. You state the system only captures the same data that would be captured in a manual check. Again, what manual check would ever look at anything besides date of birth?

I'm also curious what the "standard retention period" is for this information. What secure measures do you have in place? As far as I can tell, the consumer never signs or agrees to any sort of privacy policy before submitting this information via the license swipe.

I am a regular shopper at your store. We, in fact, do most of our shopping there. This policy troubles me greatly, however. There are many other stores in our area that do not practice this policy of information gathering for purchases of the same products. The law does not require it.

I look forward to further answers in regards to this matter.

Thank you
Chad 
I eagerly awaited for "Beth" to answer my questions. I was sure there had to be a reasonable explanation for all of this. Like I said in the above, no one else around here requires this in order to purchase NyQuil. Two days later "Beth" responded, or at least I assumed it was her... (emphasis mine)

Dear Chad,

Thanks for taking the time to ask us about your purchase of Nyquil. 

Here is some helpful information for over the counter items containing Pseudoephedrine.

The driver’s license (or other ID) number and guest information are used only to tie the sale of PSE to an individual purchaser in order to comply with local and state laws surrounding the purchase of PSE and is not used for any other purpose. We share information only when required with authorized entities in compliance with legal requirements. Many states have additional limits in place and Target follows whichever law is most restrictive: federal, state or local. We use a national database that tracks your purchases at all retailers

Thanks for writing.
Sincerely,
Nancy
Target Guest Relations
Well, what happened to "Beth"? Anyway, "Nancy" had taken over with much more official sounding information. More sinister as well. A national database that tracks my purchases at all retailers? Even the ones that don't require any sort of information scanning? I just had to know more... I was using my full name in the emails, for the record.
Nancy,

Was this in response to the email I sent to "Beth", the first person to respond to me? If so, why didn't she respond? Why doesn't anyone use a last name? If this is in response to the follow-up inquiry I sent to Beth, it failed to answer a single question that I asked. Can you tell me which SPECIFIC law you are following that requires you to swipe my ID(as opposed to simply verifying my age) and store the information contained therein? I have a hard time believing that Target is the only retailer in this area that complies with this law.

Any help in understanding this would be appreciated.
Chad
That seemed to be a simple enough request. Surely if they were complying with the law, they would know which law it was that they were, in fact, complying with. I eagerly awaited "Nancy's" response. Again, with my emphasis.

Dear Chad,

Thanks for taking the time to write again. The emails you have received from Guest Relations are in response to your emails.

Here is some additional information your requested. Federal law limits purchase of PSE products to 3.6 grams per 24 hours and 9 grams per 30 days. Many states have additional limits in place and Target follows whichever law is most restrictive: federal, state or local.
We use a national database that tracks your purchases at all retailers.
We'll do our best to help you find what you're looking for at Target.
Sincerely,

Nancy
Target Guest Relations
Finally, one answer. They were in fact responding to emails that I had sent. I asked that question only to be sure multiple people weren't responding to the same email. At least this time, "Nancy" was the respondent. I felt like we were developing some sort of relationship at this point. So I decided to dig deeper. This led me to research what law she was talking about. Also to research what Proctor & Gamble is actually putting in this, what seems to be, highly-regulated drug sitting on store shelves around the country.

What I found was that the PSE restrictions were in an amendment that attached to the Patriot Act of all things. So all of this was George Bush's fault apparently(I kid). There were quite a few restrictions surrounding products containing PSEs. Most of them however, would require you to buy around 400 bottles of NyQuil in order to sound the alarms. 400 bottles in one single day. Somewhere around 1000 bottles in a month. Now seriously, who besides a meth producer would ever purchase such quantities of NyQuil? As far as I could tell, in the bill, there was no such restriction, but a lot of retailers will only allow you to purchase 2 separate medicines in a single purchase. I don;t like that policy, but I can see where they are just trying to protect themselves completely.

So back to Proctor & Gamble. How much were they actually putting into NyQuil? Turns out, none. Only one variety of NyQuil used PSE, NyQuil D, and that had been discontinued in 2010. This changed everything. I wrote "Nancy" with my findings.

Dear Nancy,

That is informative. Thank you. However, Nyquil Cough contains NO PSE products. The only form of Nyquil that contains any PSE products is Nyquil D, which according to the manufacturer, Proctor & Gamble, they discontinued in 2010.

There are other aspects of that law which don't seem consistent with your policy of scanning and storing consumer information either.

So, why would Target require such information for the purchase of a product which does not require it?

Thank You
Chad

You would think "Nancy" would have known that before sending me that email, wouldn't you? I was beginning to suspect Nancy and Beth were probably used to responding to people who thought dog toys should be on aisle 17 close to the dog food, instead of on aisle 19 closer to the bird and cat toys. But I admired their effort... The next response I got from Target was as follows:

Dear Chad ,

I believe Nyquil Cough contains Dextromethorphan, or DEX, is an intoxicating substance used in some cold medicines. It suppresses coughs safely, but in large amounts it produces a chemical imbalance in the brain that causes hallucinations, vivid dreams and a feeling of being outside of one's body.
Various media sources have described how teenagers use cold medication which contains DEX as an intoxicant.
Retailers are taking various steps to control how the product is sold in their stores.
Guests may also refer to Dextromethorphan as “DXM.”
Sincerely, 
Katherine
Target Guest Relations
So my illusions about my relationship with "Nancy" were premature. "Katherine" sent me researching again. I found that there were a small amount of state laws dealing with DMX, mostly very similar to the laws surrounding PSE. The only Federal regulations on DMX are from the FDA and they involve nothing more than labeling restrictions and requirements. Senator Durbin introduced legislation that read almost identical to the Patriot Act provision, but it died in committee with no action in 2009.

I decide, since "Katherine" mentioned only media reporting on kids misusing the product and "retailers" taking steps to control it, that I wouldn't bring up any laws surrounding the product. She didn't appear to know any such laws exist and why should I be the one to fan her flames. I saw her response as more of a brush-off than any of the others so far. It kind of angered me that they were unwilling to engage in a real conversation about why they have a policy to swipe and store personal information when the law didn't require them to do so. So, I responded to them again with the following:
Hi Katherine, welcome to the conversation.

This is all in regards to Target's apparent policy of requiring the swiping and subsequent storing of personal information in order to purchase a bottle of Nyquil. First, I was told it was for legal compliance and fraud detection and was done to make my experience quick and efficient. Then I was told of all the information gathered(which goes well beyond age verification) and that it would be stored securely for a standard retention period(of which my inquiry as to how secure and for how long was ignored).

Then I was told the purpose was,
"only to tie the sale of PSE to an individual purchaser in order to comply with local and state laws surrounding the purchase of PSE and is not used for any other purpose". When I asked which law Target was complying with, I was only given "Federal law limits purchase of PSE products to 3.6 grams per 24 hours and 9 grams per 30 days".

After researching and finding out that Nyquil doesn't even use PSE in it's product(something you would think retailers should know in order to be in compliance with federal law), I again asked why I was being asked to provide extensive information to be stored in a national database for the purchase of said product. Now you tell me that you "believe" Nyquil contains DMX and that various media has described how teenagers use it and that "retailers" are taking steps to control the sale of it.

Does Target have a written policy regarding age restricted products?
Does Target have a written policy regarding the sale of PSE products?
Does Target have a written policy regarding the sale of DMX products?
Does Target have a written policy regarding the way it confirms the age of the consumer?

I have read in other national media outlets that one can request that their info not be swiped/stored, that instead a manager can override the system and manually input the age verification data. Is this true?

Can you please answer the questions I have asked so that I can finally know what Target's policies are?
I have been a Target customer for many years and have spent a LOT of money in your stores. I think you owe me at least the courtesy of answering those questions.

Respectfully
Chad
I laid out, in full, how they had been avoiding my questions and summed it up with several direct questions. I told my wife that expected their next response to either refer me to their legal department or to tell me that they would no longer respond to my emails. This is what I got:
Dear Chad Y,

Thanks for taking the time to share your additional thoughts. I'm sorry we aren't able to help with this further.

We have sent you our information regarding PSE, DEX and the reasons why we scan your driver's license.

 I've shared your comments with the appropriate team.

Sincerely,

Katherine
Target Guest Relations
So, in the end, what have we learned? We have learned that they mine personal information for arbitrary reasons. They store and share this information with whom they see fit. They will not be forthcoming or honest in their responses. And, in previous documented cases, they have given altogether different answers than they gave me.

It is no secret that Target Corporation is very liberal. You can see this by who they regularly support. What troubles me the most is what we don;t yet know about them. What is this national database? Who has access to it? What will it be used for once the (un)Affordable Heath Care Act goes into full swing?

Once you establish a customer ID at Target, everything you purchase is tracked. It is tracked every time you use a credit or debit card or when you allow them to scan your ID. Target has come under a little bit of fire for this, and that is good. What is bad, though, is the number of other businesses that are doing the exact same thing that have been able to fly under the radar so far. Call me a kook if you will, but then research it for yourself. It is happening and it will continue to happen on a much larger scale.

What can be done about it? Well, you could always just use cash. Lots less convenient and some have even suggested doing that will land you on a watch list. I've heard the term "potential terrorist" associated with the practice. Big Brother is watching folks. But the scary part is we are opening up our windows, in most cases, for him to stick his head into. Government as we know it wants to be involved in every aspect of our lives. This is one way they are succeeding. Be careful out there...