Tag Archives: Blogging

Contrasts – 第5章 – Wild Spaces

Lodgepole pine forests, alpine meadows, sagebrush steppe, rolling grasslands, massive watersheds and wetlands, 2500 miles of rivers and streams, 600 lakes and ponds, majestic canyons and waterfalls, geyser basins scattered about a giant volcanic caldera, the Continental Divide, and home to a wide diversity of wildlife including endangered species.  Ready?

I’m finally getting to the contrast that inspired this series of blog posts.  Yellowstone.

Why?  The San Diego Zoo, at the start of the series, represented the epitome of a zoo’s potential.  Beautiful grounds.  Botanical paradise.  Humane habitats constructed to be as natural as they could be, considering they are still prisons for the wildlife residing there.

Asphalt pathways.  Directional signs.  Herds of people grazing on hot dogs, candy, and sodas.  The animals scarcely move, except to pace the perimeter of their enclosures.  The mammals lose the luster to their fur.  The color fades from the birds’ plumage.

Depressed.  Spirits broken.  Many lose the ability to reproduce.  Many die early deaths.

Contrast Yellowstone.  It is zoo-like in the number and diversity of wild species, but there are no cages.  People and animals can mingle with no bars, no fences, no nets, no plexiglass, no moats, no enclosure of any type between them.  Nature trails through the middle of it all if you want to hike.

And there is no urban jungle surrounding this pristine landscape.  No smog, no freeways, no towering buildings, no two million human residents.  Although archeological evidence shows people have inhabited this area as long as 11,000 years ago and 26 Native American Tribes have connections with the park.  And there are those four million tourists of modernity that can come and go in a year.

What behavior could we observe there?

I have to tell you it’s a bit strange.  For one, I understand the dilemma that park rangers face.  A lot of people just don’t get it.  These are wild animals.  Beautiful and magnificent.  In the wild.  And the people are in their territory and seem to be unconscious to the fact that they are in the wilderness, the real world.  It’s not a human-made park, and you just can’t walk up to a Grizzly Bear and expect not to be killed.

The animals, having become accustomed to large groups of people who are prohibited from killing them, are not fearful, do not take refuge, do not hide.  Of course, some, like the bear, never would have anyway.  This is their land.

They’re alive, vibrant, free.

They roam where they want.  Raise families.  And balance.  Yes balance.  If you’d like a good vision of that balance check out my post “Of Wolves and Hominids.”

The situation is bound to result in some collisions.  Bumbling people long removed from living in nature, believing food comes from grocery stores, now surrounded by nature. The source of all life.

You can get close, but not that close.

So, bring a camera where you don’t have to get too personal.  Your cell phone camera ain’t going to cut it, except for some landscape shots.   You’re not going to get a selfie with a Bull Elk or a Bison.  Because by the time you’re close enough with your phone to get that great profile shot, you’ll be on your way to the hospital or to your burial.

Next, slow the fuck down.  Please pardon my language.

This isn’t New York City, or any city for that matter.  You’re not driving to work.  There’s no trophy waiting for you when you reach your destination somewhere in the park.  You are surrounded by your destination.  You’re already there 🙂

If you try to hurry, you’re going to miss what’s around you.  And you’ll miss a lot.

If you try to hurry, you’ll find yourself stuck and angry, and you’re not going to enjoy the experience.

The park is huge – 2.2 million acres!  The speed limit is 45 mph at the fastest.  There is a lot of road construction as they try to upgrade to accommodate the crowds.  Tour buses drive 32 mph.  Bison, Bears, Elk and Pronghorns will cause traffic jams.

Chill.  Open your eyes.  Enjoy the beauty.

A great deal of what I witnessed it terms of human behavior was people trying to drive insanely fast just to get to the next pull out.  Then they would pop out of their cars – clown car images :-), snap a few pics, mostly selfies, although admittedly there was a great backdrop, and then pile back into their vehicles and speed to the next pull out and repeat.

Pull in.  Pull out.  Pedal to the floor.  Document.  Record.  But fail to actually see and experience.

Rather, one should breathe in, breathe out.  Stop and appreciate the beauty.  My god, it’s incredible.

Walk around a little and feel the earth beneath your feet.  Touch the tress and lichens.  Listen to the Ravens.  Smell the rivers and streams.  Taste a wild Thimbleberry.

A crowd of stopped vehicles could tip you off to a good wildlife spotting.  But remember the proximity rule.  I saw a crowd of fifty people surround a Grizzly Bear.  One step too close, or too much crowding could have provoked it.  And they can move fast.  I took a couple of shots from a safe distance and moved on.

The day after I left, a man was gored by a Bull Elk.  That’s not a good way to enjoy nature.

Plan enough days to see the many attractions.  I planned a week and I used every minute of it.  I had no idea just how many hydrothermal features there were to see – some 10,000 of them, including 500 geysers.  It would take months to see them all.

In addition to the familiar hot springs and geysers, there are mudpots (springs acidic enough to dissolve the surrounding rock), travertine terraces (hot springs boiling through limestone and depositing the calcite in layers), and fumaroles (steam vents).

Many of these features are rainbow colored by microorganisms called thermophiles.  Microscopic in size, trillions of them amass and produce the varying colors.  The temperature determines what organisms grow and those determine the pigments released.

One of the most spectacular features is the Grand Prismatic Hot Spring in the Midway Geyser Basin.  I did a separate post just on that one because of its intense beauty.

There are some great trails and day-hikes and you should check a couple of them out.  At least hike by the Falls at the Grand Canyon of the Yellowstone.  But also realize you can cover quite a distance just traversing the boardwalks weaving through the geyser basins.  I got in seven miles on one of those days.

And don’t stray off the boardwalk thinking you can sneak a little closer to that hot spring for a better shot.  There have been fatalities where that fragile crust of land gives way and swallows a person in 200 degree, plus or minus, earth, steam, and boiling acidic mud.

If you can, stay in a lodge in the park.  I was 30 miles outside the park and once getting to the entrance, there was another 25 to get to the center loop that links you all of the park’s quadrants.  I averaged driving 200 miles round trip each day I was there.  But it was worth it for all that I took in.

Get out early if you want to see Grizzlies and Elk.  That’s when they’re on the move, and with less people stirring, you have a better chance at getting that once-in-a-lifetime photo.

Accept the fact that you’re not always going to get a pic.  Yes, I saw wolves in the Lamar Valley – with the help of another visitor’s high-power spotting scope.  He was generous. Not everyone will be.

The wolves were way out of range for my 400 mm lens to capture more than a smudge of an imprint.  A few pixels in that high-resolution frame.  But I was thrilled to see them and that image will always remain in my mind.

Well, now I may be getting too touristy in my descriptions and tips, and be wheeling away from the theme of contrasts, but I think you get the idea.

This isn’t the city.  You can’t behave like it is.  This is the real world with a few paved roads running through it.  It’s spectacularly beautiful.  It can kill you if you don’t know what you’re doing.

Enjoy 🙂

***

Prior Chapters of Contrasts:

Contrasts – Kapitel 1

Contrasts – Hoofstuk 2: Which Animals Do You Watch?

Contrasts – κεφάλαιο 3 – Cabrillo National Monument

Contrasts – Chapitre 4 – Two Museums

As I’ve been going through my pics, I realized I have so many that I’ve decided to post a couple of different galleries.  Today, we’ll have a look at some of the wildlife.  Even an amateur like me can get some great shots at Yellowstone 🙂

 

A Few Seconds of Peace

I am currently working on a gallery for an upcoming post, and I didn’t realize just how many pictures I need to sort though.  Yes, one of the pitfalls of digital cameras, I push the button too often 🙂

So while I’m working on that, here are a few of short videos for peaceful reflection.

Something about water  . . .

 

 

 

Feature Photo:  Horseback riding in the Great Northwest.

Echoes of Home

As I’m trying to settle back in from my latest travels, I find myself growing restless.  Every chance to drive somewhere triggers that “highway call.”  That “road fever.”  And a simple trip to the grocery carries with the temptation to just keep on driving.  Doesn’t really matter where.  Just need to be in motion.

So, I headed out to the closest trail to take in some of the sunshine of these ever-shortening days.  Stretch my legs.  Moving meditation.  Mind a drift.  Day dreams of far away places.

There’s only one lengthy trail nearby and it sort of weaves in and out of the countryside while skirting this small Midwestern town.  And as I walk, it occurs to me that I’ve called this place “home” for four years now – to this date exactly.  I had never really intended to stay.

A temporary hold-over while I adjusted to the loss of my prior home.  A marriage destroyed by my partner’s alcoholism.  She refused all attempts at getting help.  It’s not easy watching someone you love self-destruct, but life does go on.  It has to.

In these past four years, I worked a little over a year and half before internal and external backstabbing saw my position handed off to someone else as a political favor. Age discrimination brought the career to an early demise.  All-in-all, though, it’s been ok.  Probably a blessing.

So, I loaded up the car and drove.  And I’ve been on the road now for at least a year of those remaining eighteen months.  Exploring, rediscovering, breathing again.  Stopping back here periodically to rest up, repack, and move on again.

Other places had that homey feeling.  Sort of like you grew up there and fit in.  Like you could stay and be content.  I never bothered to get to know this town.  I hadn’t planned on fitting in.  Still don’t care to.  But here I am.

Today, I diverged from the natural part of the trail that follows a stream through the woods and headed into the heart of this unknown downtown.  What is this place where I’m hanging my hat?  Where I know no one.

It strikes me that there are a number of features that are universal to the places I’ve been.  Of course, there’s a “Main Street.”  But there’s always a Broadway, Euclid, Park, Oak, Maple, Elm, and 1st through 10th streets.   There’s always a Memorial Park and a Veterans Park.  Plaques and signs from the local Chamber of Commerce.  Lion’s Club, VFW, JCs.  Sometimes a local chapter of the Confederate Sons or Daughters.

While there’s going to be a cemetery or two, I was surprised to the see that the street leading through the main cemetery was named “Dyer.”  Some weird twist to that one. Some cemeteries don’t even name the roads running through them.

There’s always a part of town that’s lined with restored Victorian homes, and a part where the same style homes are decaying.  Where you could drop a hammer on the roof and it would fall through every floor to the basement.

There are always some nice people sitting out on old porch swings that will wave and say hello.  And there are a few front porches and alleyways occupied by people who I wouldn’t want to run into at night.  Or maybe even right now in broad daylight.  They eye me as an invader of their turf.  A hush descends.  I keep moving.

Downtown businesses are mostly closed on a day you’d expect them to be open, except for the bars.  And there’s one of those on every corner.   All busy at 2:00 in the afternoon.  Not much else to do around here I guess.

Half of the shops are going out of business.  Booming economy is nowhere near here.  An old antique shop says it’s having a “retirement” sale.  Sixty to seventy percent off.  But it’s closed with no hours posted.

The streets closed for the farmer’s market open again as the last pickup drives off.  I think there will be some type of Halloween parade on these streets next weekend. Parades and high school bands always a staple.

I can always find the courthouse by looking for the flag.  Small town kingdoms where prosecutors and judges rule.

I head through one of the parks on my way back to where I parked the car.  I’ve always enjoyed hearing the happy voices of children playing.  Reminds me of simpler times when days stretched on forever.   When games had no rules.  We made things up as we went along.  Unbound imaginations.

Maybe that’s why I enjoying moving.  Stretching days down the length of the highways.  I guess it doesn’t matter what town I’m in.  Some things seem eternal.  Echoes of the last stop.

Maybe everywhere is home 🙂

***

 

Photo: This Victorian home was restored and converted into a Bed and Breakfast.  Another staple of small town America.

Skeletons in the Closet

I don’t think I have a closet big enough for this skeleton 🙂

This T-Rex cast is on display at the Smithsonian.  But it’s a good way to call attention to my update of yesterday’s post on the contrasts between museums.  I updated that post by adding a small gallery of pics from the San Diego Museum of Natural History.  A great museum in its own right.

I suppose we all have a few skeletons that we may not wish to unearth.  Buried away in those dark recesses.  Those catacombs and ossuaries of the mind.  Sealed over.   Blotted out of our memory.  Perhaps believing we were isolating a contagion.  A virus that could cause madness if inhaled.

But then again, maybe those bones can be unearthed.  An archeological expedition into our own minds.  We can metaphorically expose them in our current atmospheres and learn and grow from that past, even though that history may not be as ancient as museum artifacts.

Self examination.  Introspection.  All part of gaining true wisdom.  For the answers lie within.

Excavations like meditations.  Removing the layers of past years and lifetimes.  Clearing the cobwebs of societal illusions.  Finding that inner essence.  For the awakening of our souls.

Though self-exploration may be difficult, may we all find peace on our inward journeys 🙂

 

How Personal?

I was having a discussion with one of my blogging friends about a general topic and I illustrated my response with an intentionally vague, and brief, recounting of something that had happened in a past relationship.

My friend encouraged me to write a post about what had happened.

While it is an intriguing idea, and it is an interesting topic, I’m not sure how wise it is to get too personal on one’s blog.  I mean once you put it out there, it will be floating around in cyberspace for a long time.

Even if you’re not giving out names, locations, or other specific identifying information, just how personal should one get on their blogs?

What do you think?

***

Photo: This is my buddy Taz.  We were best friends for 12 years, but sadly he had a stroke and passed on.  That’s a bit of personal information I don’t mine sharing.  No harm can come from it.  They say all dogs go to heaven 🙂

Sans Forgetica

As I was waking up with my morning coffee, I stumbled upon an article about a new, scientifically designed font.  The font intentionally makes reading the text a little more difficult.  And the reason it does this so is so you won’t forget the content.

“Sans Forgetica” means, you guessed it, “Without Forgetting.”

The principle behind the design is called “Desirable Difficultly.”  I guess I haven’t been keeping up with the educational research, or I’ve forgotten it, but this concept was credited to Robert Bjork back in 1994.  The basic idea is this: introducing difficulties into the learning process can significantly improve long-term retention of the materials learned.

Some examples of employing this technique in the classroom include: (1) spacing learning sessions apart – I guess that makes one review the material sequentially before the next lesson is given so you’ll know what the teacher is talking about; (2) more testing – although that seems old school; (3) generating – having learners produce the target material through an active process like making a puzzle; (4) varying – switching up learning environments; (5) disorganization – scrambling the material; and (6) fonts – making the material slightly harder to read.  Thus, San Forgetica.

I guess disorganization was part of the secret when I was in law school.  The instructors intentionally played “hide-the-ball” to force us to search out the answers.

Apparently deeper processing of material is better for us, and the long-standing approach to education of reducing material to its simplest form and spoon-feeding it to us has really been to our detriment.  The theorists supporting the theory of desirable difficulty go into a lengthy explanation of the differences between learning versus performance and retrieval strength versus storage strength.

I won’t go into all of that scientific analysis, but if you wish to read more, you can read this short article in Psychology Today – Desirable Difficulties in the Classroom.  And, here is link to a chapter of a book about learning authored by Elizabeth and Robert Bjork – Making Things Hard on Yourself, But in a Good Way: Creating Desirable Difficulties to Enhance Learning.

I guess this theory gives new meaning to the old adage of having to “learn things the hard way.”

And if you would like to download the font, you can find that here: Sans Forgetica.    I downloaded it, but apparently WordPress doesn’t support it so I can’t write this text in that font, but I was able to add it to my photo to give you this example.

Firework - Sans Forgetica

More fun for the world of writing 🙂

***

Photo: This pic is a one-second timed exposure during a fireworks display.  I just kept taking shots with the camera locked on a tripod and I eventually got some goods ones that froze that blink-of-an-eye flare of burning gunpowder 🙂

 

The Many Flames of Life

I love fire.  Always have.

A Passionate Embrace.

Cozy snowy days by the woodstove.

Well, not quite a Haiku’s traditional 5-7-5, but fire is still poetic.  Fire is symbolic of so many things.  Transformation, purification, life force, power, strength, destruction, rebirth, transcendence, inspiration, enlightenment.

Truth and Knowledge.  Light and Heat.  The Intellect and the Emotions.

“Baptism by Fire” restores primordial purity.  An intermediary between the Source and all of us tiny Particles of Awareness.

Fire is a good visual representation of our emotions.  Anger, I believe, is the most destructive – a raging inferno.  Passion, the most inspirational, a slow intense burn.  Love, a steady light.  Life, the precious spark.

The blaze in the feature photo above represents that out-of-control burst of anger.  Hatred.  The stare of death.

While this image . . .

Fire +

the steady, passionate burn of the heart.  That electric heat, tingle of fire, with the brush of a lover’s hand.  A slow, deep delicious kiss.

And there’s another image I truly love, from my background of being a health care provider – The Keeper of the Flame.  I found this pin at a military surplus store.  I was told it was a German medic’s pin.  The hands delicately cradling that life force.

Keeper of the Flame

And here’s one, a story for another day, perhaps, of a long ago camping trip in the mountains of Colorado.  The howling winds channeling through the mountain pass.  Filling our eyes with smoke and ash as we reached for those life-giving flames.

Cold in Them Mountains

But anger.  Yes anger is the most destructive.  A fire that can consume us.  Destroy us physically and mentally.  We might think it’s directed outward, but the amount of negative energy that burns within can kill.  An insidious suicide.

I end with a link to a friend’s blog.   Lucid Being recently posted “Solving the Anger Issues! – Open Leader.” It’s a good read.

As for that spiritual burn in all of us – don’t let that fire go out.

***

 

 

 

 

 

 

 

 

BORING

A few days ago, I posted a piece about attention spans and when people will “bail” from reading additional text.  As a writer, it’s helpful to know what’s happening in the reader’s mind so we can craft ways to capture their attention.  And that Bailer’s Point actually ties in nicely with the fourth “Brain Rule” discussed by John Medina. *

People won’t pay attention to boring things.

It seems that when we encounter any stimulus our brains go through a number of discrete phases to process that information.

Intrinsic Alertness – our ability to detect something.

Phasic Alertness – our ability to focus on that something.

Executive Network – our ability to decide what to do about that something.

And despite what people may think, the brain’s attention spotlight can only focus on one thing at a time.  We process concepts sequentially.  Task shifting, or multi-tasking, delays accomplishment time by 50% and increases errors by 50%.  We’re just not wired well to do multiple things at the same time.  We are also much better at detecting patterns and then extrapolating the meaning of events than we are at registering and remembering the details of those events.

We saw before how readers can check out within seconds if their attention is not corralled, and listeners, it turns out, can only hold on for about 10 minutes before tuning out.

So what enhances or extends attention spans?  How can we reach into the readers’ or listeners’ brains and shake their frontal lobes around without screaming PAY ATTENTION?! !

We can add emotion!

It seems emotion coupled with information not only captures attention, but it significantly improves retention.  People remember personal stories bathing in feelings better than they will rote recitations of facts, no matter how intriguing we might think those facts are.

As writers, we need to try to engage all of our reader’s senses.  So they can taste it, hear it, smell it, feel it, breathe it in.

But it also turns out that we need to give people frequent breaks.  As a lecturer, that may mean switching topics or keeping the presentation short.  As a writer, it means we need to effectively use punctuation.  Let the reader come up for air once and a while.

That’s one reason I like to use sentence fragments.  Even though were not supposed to 🙂

And on that note, I’ll call it quits today.  Except if I can hold your attention a little longer, there are a few more fun pics at the bottom of this virtual page.

***

Feature Photo: An old hotel in an 1800’s mining town has a character all of its own, but by bending the light and showering it with color, we add emotion.  Fire!  It draws in the eye and holds the attention.   With blogging, I’ve found that a great pic can really draw in the reader.  Of course, what I think is great others might find boring.

Past Posts on Brain Rules by John Medina, a developmental molecular biologist.

Move Your Body, Move Your Mind

Writing to Survive

Wired

I hope you all have a day of excitement filled with brain candy.  Here are a few more pics I played with, turning the ordinary into a little something more.

Bisbee - 53 - Castle Rock + CF

 

Ramsey Canyon 25th - 7 - CF13-26

Horseback Riding - 1 +MC100+Enamel

Miller Canyon - 3 +Solarize 245

Sunset from the Little House + Enamel

 

Halcyon Days

You’ve probably heard this expression before – oh those good old “Halcyon Days.”  It’s a phrase filled with the nostalgic remembrance of the endless summer days of our youths.

But I have a few more references for you today.  The first is to an on-line publication of that same title that you really need to check out.  It is absolutely beautifully done, and I’m honored to have had one of my poems picked up in its Autumn issue – “An Oil Painting for the One I Love.

The next is to the original source of the term, which ascribes to days in the depths of winter’s grasp.

Greek legend has it that Aeolus, the ruler of the winds, had a daughter named Alcyone.  Alcyone married Ceyx, the king of Thessaly.  Ceyx suffered the fate of drowning at sea and Alcyone, in her grief, threw herself into the ocean.  But instead of drowning, she was transformed into a bird, the Halcyon, and carried to her husband by the wind.

The Halcyon was said to make a floating nest in the Aegean Sea and, while brooding her eggs, she had the power to calm the waves for fourteen days.  This would occur every year around the Winter Solstice, usually 21st or 22nd of December.  The Halcyon is now commonly linked to European Kingfisher.

As time passed, the association with the brooding time of the Halcyon faded, and the phrase was just associated with the calm days of summer, as was used by Shakespeare in Henry VI:

Assign’d am I to be the English scourge.
This night the siege assuredly I’ll raise:
Expect Saint Martin’s summer, halcyon days,
Since I have entered into these wars.

Somehow, the phrase evolved into its present meaning of those happy endless days of our youth.

So, while I’m looking back in time today, I’ll draw another reference to a few more of my past blog posts that were pleasantly, and excitedly, picked up for publication.  I haven’t reminisced like this since my post 100th!!!

The following articles and poems were picked up by The Urban Howl:

Luminous, published under the title: Release Yourself From Your Thoughts – Be Luminous & Divine.

The Bear, published under the title: Bear Wisdom – Venture, Awaken & Emerge From the Den.

Hiking Through the Rhyolite, published under the title: If Your Soul is Open, Nature’s Spirits Will Speak to You.

Monsoons and Mountains, published under the title: Surrender Control & Let The Wind Take You To A New Adventure.

And,

Torrent, published under the title: The Torrent: Facing Our Greatest Fear & Risking Living.

I hope you have many Halcyon days to remember, and maybe this year around the time of the Winter Solstice, we’ll all have some 🙂

***

Photo: I was perched in these mountains last month.  Definitely a calm and endless day of joy.

Framers, Federalists, and the Reality of the Administrative State

The Framers of the Constitution wanted to avoid the problems of the governments they were all running away from in Europe, so while they wanted a centralized government for certain functions, like taxation, printing a common currency and conducting wars, they also wanted less power in that centralized government to prevent abuses and more power vested in the individual states who theoretically would better be able to determine their specific jurisdictional policies and priorities.

They also wanted to form a Union, and concessions were required to get all of the states on board.

Of course, terminology in law is often stood on its head and “Federalism” has become one of those terms.  Federalism, generically speaks to the relationships between the federal and state governments and the original “Federalists” wanted some form of centralized government as opposed to those who did not.  But the term does not mean more “Federalization” of government, it means less.

The philosophy of the Federalist Society today advocates for a very limited federal government, for a strict constructionist view of the Constitution, and for strong adherence to the separation of powers doctrine.  That doesn’t sound so bad.

Except, “strict construction” and “strong adherence” are just as susceptible to legislative and executive manipulation and to judicial activism as is applying the “spirit” of the Constitution.  And laws and social policy are shaped and changed just the same by “textualists” as they are by “living documentalists.”

It is all a fight over words, definitions, and semantics, and it’s all highly partisan and politicized regardless of any faction claiming otherwise.

And, the reason I bring this up is because how this all intertwines with what has become the modern “Administrative State,” and the massive amount of power being wielded by federal and state agencies that weren’t created in the Constitution.  This seems not to have been contemplated by the Founders and certainly seems opposed to what modern-day Federalists all talk about.  So how did this come to be?

And again, standing language on its head we have the “Non-Delegation” doctrine flowing from Article I and the Separation of Powers doctrine.  So we have three branches of government that are supposed to stay put in their respective arenas, provide checks and balances, and not run around giving their authority away to the other branches or interfering with the authority of the other branches.

For example, Congress can’t pass a law that would allow the executive branch to pass legislation – they can’t delegate that authority away.  But the Non-Delegation doctrine has been stood on its head and has become a means of defining the opposite.  It is used to define just what authority Congress can delegate away and who gets to control that authority.

And while Congress largely gives away authority to the executive branch, it will at times, muck around with the authority of the courts by tinkering with structure and jurisdiction, and by dangling the power of the purse over the heads of the judiciary when they get upset over an unconstitutional law being struck down.

Turns out, the Constitution, over time, probably to the chagrin of the Federalists, has been interpreted to allow Congress to create executive branch level agencies.  They create agencies with what we refer to as “Organic” or “Enabling” statutes and while the agencies’ powers are limited by these statutes, Congress gave agencies a little boost by allowing them to promulgate “rules.”  And, gee whiz, rules, if properly promulgated, have the same force and effect as statutes.  Lawmaking.

When you think about it, Congress expanded the executive branch big time.  They created much more of it than the Constitution originally did and much more of it than people probably like.  And, then they delegated away some of their legislative power to the executive branch (rule-making), but we call this quasi-legislative authority.  And what the Legislature (Big “L”) giveth, it can taketh away.  Although changes may be slow.

This is true at both the Federal and State level and we have Administrative Procedures Acts at both levels to give agencies some guidance and fill in the gaps in the agency-specific Organic statutes.  And these procedures allow agencies to intrude into the Judicial branch too!  They give agencies quasi-judicial powers to hear and decide contested cases, subject to judicial review of course.

And guess what, since the executive branch enforces the law and agencies are by nature regulatory bodies, we naturally have executive prosecutorial functions as well.  So agencies can make the law, prosecute under that law, and convict you (so to speak) under that law, all under one roof.

Agencies do a little more than licensing and maintaining files of annual reports.

Of course, the legislature generally did not delegate any authority to agencies to run around imprisoning people as punishment for any types of violations, so once the agency “convicts” you, the only penalties agencies can implement have to be found in the statutes themselves or you have to go to court for yet another judicial proceeding.  The Sixth Amendment is still alive, for the moment.

Federal and State legislatures can’t be experts in everything and there is so, so much to regulate that we have evolved into a “Administrative State” that has multiple layers of regulation that come from authority delegated out to the Executive Branch by Congress or by State Legislatures.  And the executive agencies’ regulations and decisions are given considerable deference by the Courts because the agencies are the “experts” in their respective fields.

So while many people focus on the acts of the legislature, which is a good thing to do, they should also pay close attention to what’s happening at the state and federal agencies, because there is much more law and social policy setting going on there that has a much more immediate impact on the populous.  You can look at current environmental policies for example.

There, I just kind of laid out the framework for how agencies evolved.  I’m not trying to address how different administrations have used the agencies to implement particular agendas or the merits of specific agendas.  At least not today 🙂

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Photo:  My pocket Constitution.  These things are good little tools to have and it might be wise to read the Document once and a while.  The Constitution is actually pretty short.  And pretty amazingly well done.  The development of the Administrative State has shifted major powers to the executive branch, and that is partly why administrations do receive so much attention – because of the dramatic effect they can have on people’s day-to-day lives.

BTW: On a personal note.  Federal and state agencies have administrative law judges to preside over the quasi-judicial functions and trials at the agencies.  For part of my legal career I was a state Regulatory Law Judge.

About a year and a half ago, I applied to make the registry of qualified applicants for Federal Administrative Law Judges.  My understanding is they get 12,000 applicants when they open the registry, which is only opened about once every five years.  And they whittle that number down to 200 with an objective examination process.

They have been doing this since 1920 to ensure they get qualified applicants and to minimize the politicization of the process.

The competitive application process consisted of a series of examinations conducted by the Office of Personnel Management (OPM).  I made the list, scoring in that top 1.67% of the applicants 🙂 !! This didn’t guarantee me a position, but I could have been selected when there was a vacancy, subject to another interview process.

I recently received an email from the OPM informing me that our president, by executive order, terminated the competitive application process and eliminated the list of qualified applicants, thus doing what no other president has done since the registry’s creation and injecting politics into the selection process.  Selection by one, with no standard for qualifications.

Kind of sad, because the checks and balances set up by the Framers, and even those originally put in place by the independent branches, have been slowly getting whittled away, bit by bit . . .

 

 

Winter Encampment

I arrived at this current depot just in time for the Autumnal Equinox and now we’re upon October’s New Moon.  Harvest Time and New Beginnings.  Great symbolism to start a new season in a familiar location.  I was met by the song of the Owl.

But there is much preparation to be completed before entering the Bear Cave for winter.

The past three weeks have evaporated at a frantic pace.  Environmental remediation.  Attempting to free the area of toxins that my body must avoid.  But I’ve still been trying to maintain posts on the blog, tell stories, share travel.

While I begin work on the fourth chapter of “Contrasts,” I figured this autumn landscape by Wolf Kahn nicely captures the moment.  A German artist, it never ceases to amaze me how universal images are.

Sometimes we forget and our views become narrowed to our immediate surroundings.  We forget the commonality of times, events, planetary movement.  The air we breathe and water we drink.  Our shared evolution from that primordial soup.

So many things to bring people together, if we’ll open our hearts and see the connections.

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