Wednesday, 31 August 2016

SCOTS ARE THE ULTIMATE POWER

This morning, Sky News reported a claim by a Law professor from Durham University that argued the UK Government must vote on whether or not Britain should leave the European Union.

The professor stated that 'we' have “parliamentary sovereignty in the UK”, which, he said, means the recent referendum decision is not the final word on EU membership. The UK Parliament exercises sovereign (ultimate) power on behalf of the Sovereign (the Queen), which means that only the UK Parliament can take a decision – in or out – in terms of EU membership.

The professor's statement is wrong in one very important matter: parliamentary sovereignty exists only in England, not across the whole United Kingdom. This issue is crucial in relation to the decision taken by Scots to remain within the European Union.

In Scots law the people are the sovereign power, not the monarch. Dating back to the Declaration of Arbroath (The Letter of the Barons of Scotland to Pope John XXII) in 1320, it has been established that no monarch can ascend the throne of Scotland without “the expressed will and wishes of the people of Scotland”. The Declaration also makes clear that if a King did not act in accordance with the will of the Scottish people, then the 'sovereign power' – the people - would depose the monarch and elect another.

The Declaration of Arbroath, enshrining Scotland's right to exist as an independent nation – and the crucial clause confirming the people as the sovereign power – was accepted by Pope John XXII. In 1320 the Pope was essentially the United Nations, which means that Scotland is one of the oldest-recognised nations in the world.

The difference, then, between Scots law and English law is that, in Scotland, parliament is not sovereign. No parliament – Scottish or UK – needs to ratify a decision of the Scottish people. In fact, neither of those parliaments has the power or authority to overrule a decision of the Scottish people.

In June's EU Referendum, the people of Scotland overwhelmingly voted to remain within the European Union. According to Scots law, this is the end of the matter. The sovereign power in the land – the people – has spoken. Scots must not be dragged-out of the EU against their will.

Now, some British Unionists will no doubt argue that a position adopted in 1320 cannot be held as still determining Scots' legal status as the sovereign power, particularly as the Declaration of Arbroath was superseded by the Act of Union in 1707, which 'united' the parliaments of England and Scotland.

However, in April 1689, the Scots Parliament passed 'The Claim of Right', which reiterated the established rights of the Scots Parliament in relation to the Crown – the role of the monarch is to reign, parliament legislates and the people of Scotland are the supreme constitutional authority.

The Claim of Right was not affected, in any way, by the Act of Union of 1707, and therefore remains legally in force today. Both English and Scots law were specifically excluded from the Treaty of Union that established the British Parliament.

This position was reconfirmed in 1953, in the case of 'McCormick V The Lord Advocate', where Lord Cooper of Cardross, Lord President of the Court of Session, stated unequivocally: “The unlimited sovereignty of Parliament [the English legal position] has no counterpart in Scottish Constitutional Law.”

The ultimate legal power in Scotland is the people, and the people spoke last June when they decided by a significant majority to remain within the European Union.

Thursday, 4 August 2016

DONALD TRUMP IS A COWARD



Donald Trump is a very stupid person.  He is not bright.  If he hadn’t inherited millions-of-dollars from his dad, the likelihood is he would, today, be struggling in a minimum-wage job.  His very limited intelligence would have offered little alternative.

The successes he’s had in business are down to him having his father’s money to hire intelligent and skilled people to do the work.  He has reaped the financial benefit of others’ labour.

There is also a long list of Trump business-failures, where workers and creditors went unpaid, while he washed his hands of responsibility by declaring his companies bankrupt.  Presumably these were the ventures where ‘Dimwit Donald’ thought he knew best and overruled the advice of staff.

Of course, Trump’s stupidity screams from him every time he opens his mouth on a public platform.  During his run for the presidency of the United States of America, one of his most ignorant and offensive ideas has been to ban all Muslims from entering the US “until we know what’s going on”.  The clear implication being that Mr Trump doesn’t “know what’s going on”, and believes barring entry to millions of followers of Islam would, in some way, stop whatever actually is going on.

Had Trump’s insane and unworkable ban on Muslims already been US policy, decent, hard-working people like Khizr and Ghazala Khan would not have been allowed to emigrate from their home country to the US and become American citizens.  It would also have meant that the Khan’s son, Humayun, would not have grown-up in the States and would not have answered his country’s call by joining the military and fighting in the ill-fated and illegal war in Iraq.

In 2004, Humayun, then aged 24, was killed when an improvised-explosive-device detonated under the vehicle in which he was travelling with fellow US soldiers.

Last week, Humayun’s mum and dad attended the Democratic National Convention, where Mr Khan publicly, and rightly, noted his son’s bravery and commitment, before questioning what “sacrifice” Donald Trump had ever made for the United States.

In response, Trump mocked Mrs Khan because she had not contributed from the convention stage: “She had nothing to say,” argued Trump, before suggesting that she might not have been allowed to speak because she is a Muslim.

The Republican presidential candidate also indicated he had “sacrificed a lot”, because he had built businesses, created thousands of jobs and “been successful”.

As previously stated, Donald Trump is a very stupid person.  He is also a coward.

Unlike Humayun Khan, Donald Trump did not serve his country – the United States of America. 

Trump was at college during the 1960s, while the Vietnam war raged and thousands of young Americans fought and died in the killing fields of Vietnam and Cambodia.  As a student – studying Real Estate – Trump received four deferments from military service to allow him to complete his course.

However, in 1968, as Trump completed his studies, the Viet Cong were inflicting extremely heavy casualties on American forces.  The US was desperate for more young men to join the fight.

Donald Trump, though, discovered he had a medical condition – bone spurs in his heels – which secured for him another deferment, meaning he could join his daddy’s real estate company rather than fighting for his country.

According to the American Academy of Orthopedic Surgeons, ‘spurs’ are a growth of calcium that can develop on bones.  The condition causes pain in only half of those who suffer from the condition.  

Generally, doctors recommend a change of footwear for people who have bone spurs on their heels.  Dr John G Kennedy, a foot and ankle surgeon at New York’s Hospital for Special Surgery, advised, “If people wear the right shoes, most heel spurs will stop causing pain, even though the spurs themselves don’t go away.”

While attending college, Donald Trump played football, tennis, squash and golf, apparently without his heel spurs causing any problems. 

Last December, Trump’s longtime personal physician, Dr Harold N Bonstein, stated that, over forty-years, his patient had “no significant medical problems”.  Dr Bonstein made no mention of bone spurs.

When challenged this week by the New York Times about the bone spurs that exempted him from having to serve his country, Trump said they had been “temporary”, adding, “over a period of time, it healed up”.  He described visiting a doctor who gave him a letter, granting him exemption from military service, but Trump could not remember the doctor’s name.

Donald Trump – idiot and coward.