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      "body": "Congratulations @cdcrenshaw! You received a personal award!\n\n<table><tr><td>https://steemitimages.com/70x70/http://steemitboard.com/@cdcrenshaw/birthday1.png</td><td>Happy Birthday! - You are on the Steem blockchain for 1 year!</td></tr></table>\n\n<sub>_You can view [your badges on your Steem Board](https://steemitboard.com/@cdcrenshaw) and compare to others on the [Steem Ranking](http://steemitboard.com/ranking/index.php?name=cdcrenshaw)_</sub>\n\n\n###### [Vote for @Steemitboard as a witness](https://v2.steemconnect.com/sign/account-witness-vote?witness=steemitboard&approve=1) to get one more award and increased upvotes!",
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      "permlink": "state-s-secession-rights",
      "title": "State's Secession Rights",
      "body": "![126_0062 (2).JPG](https://cdn.steemitimages.com/DQmcKVQRFm7qB3mVSiopBzrnyCDm2jc6z3M4Beyss91X1bn/126_0062%20(2).JPG)\n\nAfter the British referendum to leave the European Union narrowly passed in June of 2016, the idea of state secession has been revived. In Texas especially, have secessionist movements recently become more vocal. Although Britain's’ decision to leave the E.U. cannot exactly be compared to a state leaving the Union, we do have relatively recent history and experience with this issue.  The most serious attempt at secession was the 1860s Civil War, which resulted in the creation of the Confederate States of America, and later its defeat and “rejoining” of  the South and the North. Ever since, many politicians have argued for a constitutional amendment to specifically allow a state to separate from the Union, but none have succeeded. Many courts have debated this issue, garnering responses from multiple Supreme and District court Justice throughout American history. \n\nFrom the founding fathers and their extensive work on the Constitution to the Civil War and through court cases such as Texas v. White, many guarantees to the state have been created. Pattani’s article in the Texas Tribune sums up how the Civil War impacted the state’s rights to secede, “The war played a very big role in establishing the power of the federal government and cementing that the federal government has the final say in these issues”. But, even before the war, the constitution was very specific that the union be indestructible.\n\nOur constitution guarantees, “a state may be neither divided nor combined with another state without the consent of Congress and state legislatures. Each state is guaranteed a representative government, two federal level senators, and at least one federal representative” (Brown et. al. 2016).  Many have argued that from the beginnings of the country, states have not had a legal basis to leave the Union. But, that obviously didn’t stop Texas and ten other states from forming the Confederate States of America in the early 1860s or stop recent movements from spreading the “legend [that Texas] retains its own special secession clause” (Wile 2016). \n\nTexas is unique in its history of secession movements, having successfully left two countries: Mexico and the United States. Both times were never immediately recognized by the respective governments. Mexico only gave up claim on Texas after fighting a bloody war with the U.S. Texas only rejoined the Union after agreeing to surrender and going through the lengthy annexation process. Texas, however, reserved a few rights. For instance, it is the only state to have the power to divide itself into as many as five states (Brown et. al. 2016). This process of partitioning the state is much different than secession.  In other states, some movements have attempted to partition and add states, which both have legal processes set in the fourth Article of the Constitution, but no other state has the right that Texas does. Again, Pattani’s article summed this up perfectly by stating, “the U.S. Constitution contains procedures for admitting new states into the nation, but none for a state to leave (2016). \n\nTexas is also unique in that it has had more than its fair share of legal battles over the legality of the issue.  Texas v. White resulted in the Court finding individual states could not secede from the Union and that the acts of the then current Texas Legislature to fight certain federal annexation requirements, “ even if ratified by a majority of Texans — were absolutely null\" (Pattani 2016). The case went all the way to the Supreme Court, where  Justice Salmon P. Chase was author of the majority opinion, writing:\n\n“When Texas became one of the United States, she entered into an \tindissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final” (Wile 2016). \n\nMany historians believe that when the Confederacy surrendered in 1865, the idea of secession was also defeated. The North’s victory set a precedent that states could not legally secede. However, that hasn’t stopped attempts throughout the country and especially in Texas to leave the Union. The State of Texas is the only state where secession and survival of a theoretical new nation would possibly survive. Bob Smiley’s Business Insider article summarized the legitimate reasons why Texas could survive leaving the Union: historical precedence, defense reasons, access to natural resources, utilities, and the powerhouse that is the Texas economy. Texas not only has the economy comparable to “Canada”, but it has the resources to support and drive it (Smiley 2016). The state’s utilities are also separate from every other state. For example, the Texas power system isn’t completely connected to any of the nation’s other grids. Another aspect of Texas’ unique rights is its ability to maintain its own ability to maintain and operate four different state military outfits, not to mention the many military bases on Texas soil. Although there are many reasons why Texas could succeed in seceding, the chances of it actually happening are very low. \n\nBump’s article on Business Insider’s website weighed the odds that states gain the right to secede. He theorizes that “ask[ing] politely” and “withdrawing by force” have zero chance of happening, while rating the chance of amending the constitution as “low”. Most importantly, he observes that there may be a one hundred percent chance that the experiment that is America will come to an end in the future, just as every major empire in human history has.\nEven with all of the history our nation has had with this issue, it still will remain a heated discussion for perhaps centuries to come. At the moment, secession cannot legally happen for any state, but as we’ve seen with the Civil War, sometimes legality is the last thing these governments and citizens can or will care about. In the future, secession may be necessary, or even legally possible, but as of this moment all of the discussion is just talk.",
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      "permlink": "order-number-3915-2017-of-the-office-of-the-deputy-attorney-general-the-appointment-of-special-counsel-to-investigate-russian",
      "title": "Order Number 3915-2017 of the Office of the Deputy Attorney General, the Appointment of Special Counsel to Investigate Russian Interference with the 2016 Presidential Election and Related Matters.",
      "body": "![3182556796_a55295c9ba_o.jpg](https://cdn.steemitimages.com/DQmZubu2ahFCgS85vueejPfjFCXJ97DcKz1rNez7yQedjXe/3182556796_a55295c9ba_o.jpg)\nThe National Archives and Records Administration’s publication “One Hundred Milestone Documents” in United States history lists various public laws, court cases, treaties, speeches, and other documents that reflect the American commitment to continue work towards the formation of a more perfect Union. The first document included is the Lee Resolution of 1776, with the list wrapping up in 1965 with the Voting Rights Act. The Administration purposefully does not list documents after 1965 in acknowledgement that historians are rarely objective when dealing with recent events. \n\nOne document with the potential to be placed on a future milestone document list is Order Number 3915-2017 of the Office of the Deputy Attorney General, the Appointment of Special Counsel to Investigate Russian Interference with the 2016 Presidential Election and Related Matters. The order was executed on May 15, 2017 by Acting Attorney General Rod Jay Rosenstein.  In this document, Rod Rosenstein appointed Robert Swan Mueller, III to serve as Special Counsel for the Department of Justice and authorized the Special Counsel to conduct the inquiry the Federal Bureau of Investigation’s Director James Comey had confirmed in Congressional testimony. The authorized scope of the investigation included determining whether any links and coordination existed between the Russian government and associates of the campaign of Donald Trump, any matters that arose or arise from the investigation, and other matters that are within the scope of Title 28, Part 600, Section 4 of the Code of Federal Regulations. The Special Counsel’s mandate includes in ‘Section C’ power of the Special Counsel to prosecute federal crimes that were discovered during the investigation and a declaration of the section of the Code of Federal Regulations that are applicable to Mueller. \n\nSection 1 of Title 28 states a Special Counsel should be appointed by the Attorney General, or in cases of recusal, the Acting or Deputy Attorney General to oversee an investigation or prosecution of individuals and matters where a conflict of interest in the Department of Justice exists so great that it would be in the interest of the public for an outside person to lead the inquiry (28 C.F.R. § 600.1).  Section 3 of Tile 28 details that no ordinary individual should be appointed Special Counsel, requiring a lawyer, “with a reputation for integrity and impartial decision making, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly” (28 C.F.R. § 600.3).  Robert Mueller certainly meets these requirements as a Juris Doctor, Assistant Attorney General for the Criminal Division, Attorney for the Northern District of California, Acting Deputy Attorney General, and 6th Director of the Federal Bureau of Investigation, let alone a highly decorated Vietnam War. Section 4 of Title 28 gives authority to the Special Counsel to investigate and prosecute federal crimes, “in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses” (28 C.F.R. § 600.4).   \n\nSections One, Three, and Four of Title 28 are pertinent to the ongoing investigation and relate to current news and events in which details of an ever-growing effort to obstruct the Special Counsel’s investigation have come to light. A conflict of interest existed between the President as chief administrator of the Executive Branch and the Attorney General Jefferson Sessions, III, who as a Trump campaign executive met with Russian foreign nationals and government officials and had knowledge of communications between those Russians and other Trump campaign employees. With the Attorney General’s involvement and subsequent recusal, Rod Rosenstein was fully within his authority under Section One to appoint Robert Mueller top oversee any investigation into the conspiracy. Currently, a coordinated campaign to impugn the integrity of Mueller is ongoing, with various attempts to declare he has conflicts of interest concerning donations to certain campaigns and a spat over membership at a Trump owned golf course. More perturbing though, are attempts by President Trump himself to keep the investigation “down” (Shear), including his firing of numerous Department of Justice Officials including two F.B.I. directors. More recently, it has been disclosed that President Trump has attempted to fire Robert Mueller and is considering firing Rod Rosenstein as well as Jeff Sessions and the latest Trump appointed FBI director, Christopher Wray. These attempts, among others, to obstruct and delay the investigations fall under the authority granted in Section 4 of Mueller to examine.\n \nIn less than one year, the Special Counsel has produced multiple grand jury indictments of Trump associates, Russian nationals and business entities, as well as Americans not associated with the President, guilty pleas, and at least one prison sentence so far. The Trump presidency has broken records in terms of fastest special counsel appointment but more importantly has broken several government institutions, the law, and the trust of the American voters and global community. The Special Counsel must be allowed to continue his investigation for the benefit of our election system, the public, and the rule of law. \n\nReferences\nGeneral Powers of Special Counsel, Title 28 C.F.R., Chapter VI, § § 600.1-601.10\n\nRosenstein, R. J., Deputy Attorney General of the United States. (2017). Order Number 3915 -\n2017 - Appointment of Special Counsel to Investigate Russian Interference with the 2016\nPresidential Election and Related Matters. https://www.justice.gov/opa/pressrelease/file/967231/download\n\nShear, Michael D. “Trump Reacts to Cohen Raid, Syria and More: An Annotated Transcript.”",
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      "parent_permlink": "american",
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      "permlink": "the-american-voter-s-conflict-between-passion-and-reason",
      "title": "The American Voter’s Conflict Between Passion and Reason",
      "body": "![3460098364_e06b8ddc19_o.jpg](https://cdn.steemitimages.com/DQmasmfrp7ZNCpYPwYSpucQJo8hqMXjKYdvCzpakNgq3dxf/3460098364_e06b8ddc19_o.jpg)\nThe American democratic system is based on compromises made to the Virginia Plan of the Constitutional Convention in 1787. The Virginia Plan called on Congress to elect the President. Among many of the committee members there was fear that if the president were elected by a select group of regularly meeting men, the independence of the president could falter. The initial legislators recognized what can be called the “paradox of democracy”. That is, classes of passionate citizens are more politically active, yet may not make the best voting decisions for the welfare of the democracy, whereas more rational voters are less likely to voice their opinions. When voters are engaged only with similar viewpoints, they fail to compromise with the beliefs of others. While passionate citizens have made decisions at the will of their collective mind, deliberative citizens have not voted or voiced opinions in similar numbers. Those that are more capable of making rational decisions have allowed passionate, irrational citizens, classes, or parties decide the outcome of democracies for millennia. No democracy is the same, just as no individual’s idea of a perfect democracy is to another. \n\tTo Diana Mutz, an ideal participatory democracy was, “a throng of highly politically active citizens carrying signs, shouting slogans, and cheering at speeches of their political leaders, who possessed an unparalleled level of enthusiasm and passion borne out of shared purpose and a camaraderie that emerged from the sheer amount of time spent together” (Mutz 16). Participation in groups with similar political goals and ideologies motivated others to even high levels of action or lifted spirits in times of trouble, “convincing [voters] that win or lose, promoting the candidate or cause was truly worth their time and efforts” (Mutz 16). Contrary to participatory democracies, deliberative democracies have consisted of citizens who debate with and listen to groups with different political ideologies. Deliberative voters listen to the other side’s reasonings, and allow these new ideas to influence old, deeply held beliefs. Unfortunately, it is easier for many voters to fall in line with like minded ideas, especially when guided by authoritarian leaders and systems. In other words, it is easier to be passionate about ideas when reinforced by the collective action of those with similar viewpoints, than to sympathize with different perspectives and further update individual belief. Voters in deliberative democracies have not been as politically active as those more participatory voters, but tended to be the more rational deciders. Rational citizens take time to control their actions rather than run about and shout slogans at every passerby on the street. Previous conceptions of democracy, “blend[ed] participatory democracy with deliberative democracy in a seamless fashion” (Mutz 3). Those theories argued that deliberation was a subset of political participation. The passion involved in participatory democracies, however, did not appear to Mutz to be as seamlessly compatible with the rational in more deliberative individuals. \n\tThis compatibility issue between deliberation and participation has been discussed by philosophers and political scientists for millennia, with the original argument based in the conflict between passion and reason.  The incompatibilities between participatory citizens and deliberative citizens are rooted in the fundamental conflict of passion and reason. To understand what causes the conflict between passion and reason and therefore participation and deliberation, one must look deep into the human mind. The nature of human thought and action can be described as a dual process of sorts. Our brains appraise sensory inputs in preconscious thought, which we then use to deliberate upon and rationalize in conscious thought, comparing the new information to prior experiences and innate tendencies. Although the difference between preconscious and conscious thought may only last approximately five hundred milliseconds, passion and reason may not be compatible because of this delay. Humans rationalize only after they have acted or felt emotionally. Because of this, it is unlikely an exceedingly activist political culture can be a highly deliberative environment, thus creating the paradox of democracy. \n\tDeliberate democracies foster diverse, decentralized, political networks where citizens are more aware of the multitude of perspectives on issues that exist. These democracies are more tolerant to differing ideologies, but individuals who are more averse to conflict are less likely to participate. Mutz argued, “those with diverse networks refrain from participation in part because of the social awkwardness that accompanies publicly taking a stand that friends or associates oppose”, (Mutz 3). She was intrigued with the idea of discovering where people encountered political ideas they disliked, how they handled the situation, and what kind of effects it had when it occurred. She wrote of her father who always had much more thoughtful political debate with his dentist than with her family. In daily relationships, Mutz argued discussion was influenced by the desire of the participants to “get along with another on a day to day basis” (Mutz 3). These relationships do not easily allow for the type of deliberation required to foster a healthy democracy because no one will truly voice their opinions, or will align themselves with likeminded others, ignoring diverse ideas. According to prior social theories, democracy can only survive if “citizens come out of their bunkers and start talking” (Mutz 7). The issue in this lies in the incompatibility between passion and reason as well as the social conflicts in domestic relationships. Not only should the quantity of political discussions be a standard for the success of a democracy, but so should the quality. Democracy then will not survive if citizens just come out of their safe space and start yelling at others on the streets, or talking solely with those of mutual ideologies and obligations. A successful democracy will have citizens that have vibrant discussions over opposing views, who then take a moment to reflect and even allow differing views to influence deeply held beliefs. \n\tThe internal struggle between passion and reason could not have been more evident in the 2016 elections. The Republican Party was extremely passionate about beating whoever the Democratic Candidate was, but more so when it was officially declared Hillary Clinton was to be the nominee. Republican and even a close majority of democratic voters were united in their front against Hillary Clinton from the primary to the general and even today. These passionate voters in some cases did not think clearly. Take for example the single-issue voters who elected Republican legislators and President Donald Trump to repeal and replace the Affordable Care Act, or the blue-collar voters who were promised manufacturing jobs in return for a vote, all who are experiencing voter’s remorse as evidenced by wide swings towards the democratic candidates in districts Trump overwhelmingly won. American voters elected a candidate who had no prior experience in government except the inside of courtrooms, over a candidate who could easily have been the most well qualified candidate who had worked in high level positions from being First Lady to Senator and then Secretary of State. \n\tThis irrational choice by passionate voters has not served American democracy well. The entire 2016 election has been called into question regarding the influence a foreign government had on Trump’s associates and employees. The Special Counsel investigation into such matter has resulted in numerous felony indictments and guilty pleas, from members of the Trump campaign, only a year into the Presidency (Bump). Moreover, a Federal Judge has allowed the State Attorneys General of Maryland and the District of Columbia to proceed with a case that alleges violation of the emoluments clause in the constitution since Trump’s first day in office (Braun). \n\tLooking forward to the elections in November 2018 and 2020, the American populace will be better served by reason over passion. In the past year of the Trump Presidency, Americans have had a chance to reflect and be more rational voters. These deliberations have led to a debate across political parties, where even members of the Republican party have spoken against some of Trump’s key campaign promises. Regardless of what happens between now and November 2018 and November 2020, Americans will benefit from the debate that is ongoing in society, so long as all sides are heard, all individuals can form their own opinions, and all are just passionate enough to make it to the ballot box. Voters should not however just reflect on the man who won the office or the next man or woman to do so, but should also consider that the American electoral system failed to elect a candidate who won the popular vote, for the fifth time since the twelfth amendment.   If American democracy is to survive, today’s voters must acknowledge the conflict between passion and reason, and recognize the paradox of democracy just as ancient philosophers and the American founding fathers had.",
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      "title": "Privacy is a Global Issue",
      "body": "![17765606909_dd920932a4_o.jpg](https://cdn.steemitimages.com/DQmNM7L7aXKWNjJsUdY8LiWtFdETgai5jvVAtzNb7gp8ZaK/17765606909_dd920932a4_o.jpg)\n     The privacy rights of United States citizens are in no way explicitly guaranteed by the country’s Constitution. However, certain clauses in the document reflect the founding fathers’ “concern” for citizens’ and their right to privacy (Linder). In the United States, the privacy of beliefs, home, person and possessions, and personal information by the first, second, fifth, and other amendments. The constitution, though, is far from the only law that affects the day to day lives of ordinary civilians, and perhaps non citizens as well (Kedmey). As new technologies and devices are created and new laws are written, more people are watched, more communications are collected, more movements tracked, and more data is collected, examined, and used. An average United States citizen can be added to watch lists, have phone data, internet history, location data, travel data, and personal information collected by many different corporate and government agencies. Data and metadata are shared between these groups, sold even, and in some cases used to prevent crime. In today’s highly connected, fast paced society, very few people are not being tracked in some fashion, leading to terabytes of data collected. Privacy concerns arise from not only this data collection but the methods and legality of it all. Terrorism, drones, healthcare, private information regarding lifestyles, from same sex marriages to the legalization of marijuana are all influential topics of the times, but the concern of privacy factors into all of these widely debated issues and more. The right of a private life, although only implied in the Constitution, is of grave concern and importance to many in the country, and around the globe. \n\tThere are many major laws that affect the day to day life of a U.S. citizens, from health care laws such as HIPPA, student privacy laws, wiretap and investigatory laws, to defense laws such as the National Defense Authorization Act and the Patriot Act, and finally to the ‘law of the land’, the Constitution. Many corporations play a role in privacy through their terms of service and the data they collect from applications, devices, and the user. These business and government agencies take advantage of billions of dollars in defense industry spending, their own new technologies, devices and methods to practically spy on their target or customer. This has become more apparent after leaks from government officials and journalists such as Edward Snowden, Julian Assange, among other whistleblowers (Nakashima). Edward Snowden, the most well known figure of those three, leaked the United States’ National Security Agency’s mass surveillance programs to the public. Even though the leaks are well known, the true extent of the eavesdropping is unknown, with new leaks coming out every few months. What is even less well known is how long the N.S.A. has ran these domestic surveillance programs. Congressional investigations uncovered warrantless interception of telegrams and other communications during World War Two through the 70s (Lee). We now know the N.S.A. has grown their number of interception programs, especially with the advent and spread of the internet, cell phones, and computers. Their reach is truly global with, “virtually no foreign government off-limits for the National Security Agency, which has been authorized to intercept information “concerning” all but four countries, according to top-secret documents,” wrote Ellen Nakashima, of the Washington Post. \n\tAll of the N.S.A.’s powers (that we know about) were granted by the Foreign Intelligence Surveillance Courts and congress. Lawmakers and other government officials insist privacy is a concern, and that “in short, there must be a particular intelligence need, policy approval and legal authorization,” for all investigations, said Vanne Vines, an N.S.A. Spokeswoman. Other than the Foreign Intelligence Courts and congressional committees, there is little oversight, and almost unlimited access to citizen's data to certain government officials. There have been many lawsuits targeting these programs (E.F.F.). Many unions, such as the American Civil Liberties Union, as well as private citizens, and companies have sued, spoken out against, and highlighted these collection actions by the government, resulting in some of the N.S.A.’s powers stripped, and certain laws rewritten. Major cases such as Jewel v. N.S.A., Wilner vs. N.S.A., A.C.L.U v. Clapper, among many others have been taken up by Federal Courts, yet have been declined to be heard by the Supreme Court (C.C.R.). The security departments of the government have fought these cases, lost some, but overall have gained powers as fast as technology has advanced. From the 1970s with phone data collection, to today’s wide variety of bugging, intercepting, and investigating abilities, new laws have been created to allow domestic and foreign spying. There are many reasons these laws and programs have been used, such as terrorism, wars, corporate and industry espionage. Certain events, such as the September 11th attacks, have forced congress to pass laws such as the Patriot Act in 2001. All of those factors have influenced state and federal legislation, court decisions, and criminal trials. There are differences though between state and federal laws regarding every aspect of this issue. A good example of a fight between states and the federal government would be Texas’ attempt to pass state bill HB 3916 in May of 2015, which would cut off electricity and water to the Texas Cryptologic Center in San Antonio Texas (Wilonsky) This is just the tip of the iceberg, with a massive fight looming for privacy rights in the country, and globally. Not only is the United States spying on people around the world, in many ways, other countries and corporations are doing the same. \nTherefore, the fight for privacy will not be just an American issue, but a global issue because many countries have similar surveillance organizations, such as Britain’s G.C.H.Q, China’s corporations, or even North Korea’s “army of hackers” (Tamblyn) who all take part in information collection every day. As more people buy new devices and communicate more, laws will be adapted and new laws written to govern and watch over and ‘protect’ society. In the future,  there will be many more privacy issues and legal fights that stem from advances in technology and events that some say will require a sacrifice of privacy in the pursuit for security.  A balance between security and privacy should be found, especially when everyone who owns a phone, uses the internet, goes out in public, and travels are  impacted by mass surveillance. If anything could change how the information is collected, or if it should be at all,  will be voters and the officials they elect in the coming generation. \n\n\n\n\n\n\n\n\nWorks Cited\n\nKedmey, Dan. \"Report: NSA Authorized to Spy on 193 Countries.\" Time. Time, n.d. Web. 27 Nov. 2015.\n\nLee, Timothy. \"In the 1970s, Congress Investigated Intelligence Abuses. Time to Do It Again?\" Washington Post. The Washington Post, 27 June 2013. Web. 27 Nov. 2015.\n\nLinder, Doug. \"The Right of Privacy: Is It Protected by the Constitution?\" The Right of Privacy: Is It Protected by the Constitution? University of Missouri, n.d. Web. 27 Nov. 2015.\n\nNakashima, Ellen, and Barton Gellman. \"Court Gave NSA Broad Leeway in Surveillance, \tDocuments Show.\" Washington Post. The Washington Post, 30 Jun. 2015. Web. 27 Nov. 2015.\n\nTamblyn, Thomas. \"North Korea Could 'Destroy A City' Using The Internet.\"The Huffington Post UK. The Huffington Post, 29 May 2015. Web. 27 Nov. 2015.\n\n\"Timeline of NSA Domestic Spying.\" Electronic Frontier Foundation, n.d. Web.\n\n\"Wilner v. National Security Agency (NSA).\" Center for Constitutional Rights. C.C.R., n.d. Web. 27 Nov. 2015.\n\nWilonsky, Robert. \"State Rep. Stickland Wants to Pull the Plug on the National Security Agency Texas. Literally.\" Trail Blazers Blog. Dallas Morning News, 13 Mar. 2015. Web. 27 Nov. 2015.",
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