This Pandemic and The Ridiculous Debate of Constitutionality

Posted on February 26, 2021 by mestengobooks

Pulling My Hair Out (Almost)

I can’t take it anymore. If I hear one more idiot or ignorant MAGA supporter scream about the “unconstitutionality” of COVID quarantines, wearing of masks, closing of businesses, etc. in protection of the people, I’m gonna scream. I’ve tried on several occasions, unsuccessfully, to explain to some folks that nothing about how this pandemic is being handled by both state and federal governments is unconstitutional.

I’m not a lawyer or a legal expert but let me try to elaborate:

the tenth amendment says it all

First and foremost, public health falls under police powers of each of the states. It was written into our federal constitution in the Tenth Amendment, in our Bill of Rights:

“The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.”

In other words, “the Tenth Amendment reserves to the states all powers that are not granted to the federal government by the Constitution, except for those powers that states are constitutionally forbidden from exercising.” (The Free Dictionary)

Nowhere in the federal constitution does Congress have the authority to regulate any local matters (individual states) in regards to health and safety.

With isolation and/or quarantine, however, that falls within the purview of the U.S. Surgeon General (with permission from the Health and Human Services Secretary):

isolation and quarantine

Source: https://www.ncsl.org/research/health/public-health-chart.aspx

Police powers were reserved by the federal constitution for states to use when it was necessary to preserve the common good. States are constitutionally allowed to pass and enforce the following: “isolation, quarantine, health, and inspections laws to interrupt or prevent the spread of disease.” (See source referral above.)

So that’s it in a constitutional nutshell. While people in other countries are plodding along in survival mode without all the whining and griping, Americans continue to piss and moan about individual freedoms being more important than the health of our communities.

Only healthy individuals can make up a healthy community. This is but a short-term sacrifice for long-term success. Viruses have been around longer than man and will be here when we’re gone. In the meantime, let’s make a promise to ourselves, our families, our communities: to do whatever is necessary to get us past this pandemic darkness to the light at the end of the tunnel.

#staysafe #coronavirus #tenthamendment #billofrights #publichealth #livestrong

Writers: In These Covid Times, Are You Prepared For The Unthinkable?

Posted on November 19, 2020 by mestengobooks

Thinking of the Unthinkable

It’s a topic I’ve covered on two other occasions (first post; second post); now we’re in a pandemic and I’m once again compelled to share important information for all the writers out there. We’re living in unpredictable times and no one can afford to be arrogant or in denial about the unthinkable: not surviving a Covid infection. I won’t bore or scare you with statistics, or with probabilities. Covid is a real infection, a real threat. Writers, you must get your Digital Assets/DA (aka intellectual property/IP) in order.

So I ask you:

If It Comes Down to It, What Will Your Writer Legacy Be?

Is this a conversation you’ve even had with loved ones or yourself? Procrastination will only draw out what could become a painful situation for your family. It’s vital you prepare for what may come. Just in case.

I wrote this in the second post on DA: “In this new digital world, our lives are complicated by our dependence on many devices, each with its own password and accessible only by you.” Your first step is to take inventory of all your intellectual property, both completed and unfinished works. Are your files backed up and easy for others to locate in online folders or another organized system? Now is a good time to get it all organized.

Your Legacy To-Do List

The following is a reiteration of a list (that is by no means finite) from a previous post; while it may be time-consuming at first, you’ll probably be glad to do it because it’s also an opportunity to clean out any works you know you won’t finish.

Do you have a Paypal, Google Pay, or any account, in addition to personal banking, with monetary value? Who will have access if you die? What happens to the money? Whom will you designate as your beneficiary? Who will you appoint as your Literary Executor?
What about personal and business email accounts, blogs, and podcasts? Personal and business websites? Do you want them up and running for people to read your when-you-were-a-breathing-starving-artist work?
Do you keep a list of logins and passwords to all of your online accounts? Make sure your designated Estate attorney has the most recent copy on file or at least your computer password so s/he can access the document.
What electronic devices do you own that need a password for access? Do you have a laptop, smartphone, tablet, DVR/Tivo, Ring, or a home burglary system? How many apps do you access from your phone? Does anyone else have the access code for your phone so they can access the apps?
Do you bank online? What about mortgage payments, investment banking, utilities, airline, or other memberships? Which memberships automatically renew online? You’ll need to spell out which to cancel and which to keep active for your heirs/estate.
Do you have any Social Media accounts like Facebook, LinkedIn, or YouTube? Any accounts with e-commerce sites like Amazon, Netflix, Hulu, Ebay, etc.? Check the policies of these companies regarding access by another person. You’ll need to legally designate someone if you want that person to clean up your online life.
How much of your work is unfinished? Do you want someone else to finish it? Or would you prefer your Executor/Executrix just heave every incomplete project, every potential novel/poetry book/best-selling short story into a shredder? What will you do with the work you have completed? Who gets the royalties? Who will do the marketing to keep the sales going?
Do you have translations of your book? Movie deals? Audio books? Who will oversee these if they become options after your death? Who will make the decisions about maintaining and growing your work after you’re gone?
Will you leave the option to own, sell, or operate your business and control your intellectual property up to your heirs? Or will you decide so your heirs don’t have to? One option is to designate a micro-publisher to oversee your work so that royalties will be properly paid to your heirs.
What about cleaning up your personal information collected by those data-mining companies? If you think it won’t matter once you’re gone, you’re wrong. Someone could use your identity and gain access to your intellectual property and online life, and then your hard-earned money. This can affect any heirs you designate and their ability to oversee your IP or pay any monies owed. Many sites mine all sorts of personal information; you will likely need to join now to have access to your personal information and request they delete it.
You need to be concerned with writer scams popping up all over the web offering unauthorized copies of authors’ books or scamming writers out of money. Writer Beware is one of many sites that track predatory sites and unscrupulous people trying to steal our IP. Make sure all is good before passing it on to the heirs.

“It’s a sobering experience to think of your life in these terms, but in the long run you’re doing your family or loved ones a favor by setting it down on paper.” A Writer’s Legacy, Part 2, January 15, 2019

#covid19 #coronavirus #intellectual property #digitalassets #bookAholic #storytellers #writersoninstagram #writer #amwriting #author #writerbeware

Live Small, Live Well

Posted on June 10, 2020 by mestengobooks

old Italian windows_Milan

After watching a PBS Frontline report on coronavirus in Italy , I had an idea about people living smaller lives, and not just during a pandemic. What if we chose to live this way on a daily basis? Ideas led to writing and writing led me to creating this post – even though it’s not really about writing… but ends up that way, I guess.

In other words, when something moves you, write about it.

Small and Close Is a Good Thing…Usually

Smaller living spaces bring people closer together. There’s plenty of room for everything you need using smarter design, smarter placements, living with less stuff. Simpler lives are happier lives. People are then able to focus on what really matters: relationships and community – look at Italians, they seem to have perfected it.

Europeans have lived this way for a long time out of necessity because there’s no room for the multitudes of sprawling American McMansions or penthouse-sized apartments in most European cities. Americans seem to think they need more open living space, so they purchase bigger homes and more material items, like furniture and art and expensive kitchen toys. But is it all really necessary in order to feel fulfilled? Or is it a nod to some internal need to “keep up with the Joneses?”

Or perhaps it’s the result of an overblown sense of entitlement; that what we want we deserve simply because we work for it or can afford it. That seems more like an individual-oriented mindset.

What’s Really Important

Watching the video, seeing the small spaces Italian families share, it’s no wonder they’re as close as they are. Normally, that’s a good thing but during a pandemic that kind of intimacy, sadly, has had a deleterious effect on their lives. But I doubt they’ll change their ways because those very connections are the lifeline of Italian life.

Smaller apartment homes force people to share the whole living space, including common and private areas (in Europe, brothers and sisters routinely share bedrooms). This type of living also provides lessons in conflict resolution since we’re not going to get along well all of the time. This is a community-oriented approach.

Smaller is Better for Everyone

Tiny houses are all the rage here in America but what we need is to reduce overall apartment living space (square footage) to make room for more people in each building. With burgeoning populations across the globe, it makes sense for us to adopt more of a European style of living. We’ve been spoon fed the ideal that the “American Dream” is to own a single family home, which requires more land space and finite natural resources (and equates to a much larger individual environmental footprint). For some reason, in America, living with others in apartment or multi-family (aka tenement) housing is perceived as inferior to owning your own home (which actually owns you for 20-30 years until the deed is in your hands). The benefits of community living can far outweigh life in the suburbs.

European style refrigerators, for example, which are much smaller than their American counterparts, force people to think about what to eat, how much, and how often. Shopping becomes a daily responsibility or at least every 2-3 days, depending on how many one is shopping for and feeding. Smaller fridges force people to choose foods that are most important: what is fresh and made daily, rather than something with a 6-month or more shelf life; that’s hoarding for a future that may or may not come. This pandemic has certainly reminded us of that.

Living smaller means living well today, within our community. Tomorrow will come when it comes.

Finding Peace in Chaos

Posted on April 9, 2020 by mestengobooks

Yin Yang with Light3 (3)

Universal Law

The Law of Unity of Opposites (theory of Yin and Yang) states that nothing in the Universe is totally Yin or totally Yang. Yin and Yang are in opposition and are interdependent – each is necessary for the other’s existence (The 5-Element Guide to Healing with Whole Foods, 2016). In our current situation, it’s necessary to find the Yin/peace within the Yang/chaos. With external avenues closed to so many (e.g., fitness centers, yoga and tai chi classes, meditations, etc.), going inward is our only salvation if we’re to survive this viral onslaught.

Finding Your Peace

All over Instagram (and other SM sites), people are gathering together in solidarity (and solitude) to find that peace. Meditation and other spiritual services are readily available online to help us maintain equilibrium. Another road inward is writing: expressing those emotions, telling those stories, that must be felt and heard. Out of chaos (erratic) comes peace (consistency), it’s the natural order of things. People all over the world are finding ways to cope and, hopefully, to survive.

The TCM View

Naturally, I can’t help but think how many will be affected so deeply that physical health becomes an issue at some point. Traditional Chinese medicine practitioners know that emotional distress can contribute to the development of disease (imbalances). Learning to control emotions is a major step in preventing these imbalances. The Huang Di Nei Jing, also known as The Yellow Emperor’s Classic, the bible of TCM medicine, recognized that emotional and psychological factors are important causes of illness. The Nei Jing indicated that excessive emotions impair the internal organs of the human body: Anger hurts the liver, joy hurts the heart, brooding hurts the spleen, and melancholy hurts the lungs. Hence, the Nei Jing proposes regulating the emotions by keeping the heart calm and cheerful and the mind free of worries:

“Do not be weighed down by perplexing thoughts; strive to be calm and optimistic; be complacent; keep sound in body and mind.”

Let It Out

In other words, get writing! Use your writing as a catharsis, if you will, to free yourself of pent up stress and emotions brought on by this viral pandemic.

After my mother died I wrote my first book, a creative nonfiction, in four and a half months. Tears and words poured out of me and by the time I was done writing the book, I was pretty much done grieving her death. Use this downtime wisely; don’t squander the opportunity to find your peace in the chaos, no matter what it is.

#coronavirus #findpeaceinchaos #Chinesemedicine #writing #storyteller #yinyang #meditation #yoga #acupressure #acupuncture #fictionwriters #

Below is a chart you can follow for applying acupressure to various points if you’re feeling stressed/depressed (please share it with as many people as possible):

Source: Acupuncture Media Works

Stuck At Home? Make Lemonade From Those Lemons!

Posted on March 26, 2020 by mestengobooks

Source: Pixabay

Lots of folks stuck at home right now, including writers. That may be a good thing – for writers, anyway. Sheltering-in-place is providing us all with much needed down time and an opportunity for writers to catch up on writing projects. Some folks might think it rude to market one’s book during such a serious time. I say business is business and this outbreak will eventually subside (hopefully sooner rather than later) but your business won’t. A lapse in marketing now can have negative effects later on.

Marketing Your Book During a Crisis

Sure, some people are home because they’re sick, but many are home as a preventive. And with the Internet, we can maintain connections with loved ones as well as fans/readers. It’s a great time to reach out to others, whether for a well-check or for marketing your book/s. Use this down time as an opportunity to reach out to people but haven’t had the time. Cuz now you do.

Acknowledge But Don’t Apologize

Don’t apologize for continuing to put your book out there in front of potential readers. Sure, you can acknowledge the current atmosphere. Maybe your book is relevant to this viral outbreak: science/clinical; nutrition; ways to stay safe in a crisis (i.e., how to put together Go Bag), etc. Here are a few suggestions from an article at booklaunch.com on how to tie your book/marketing into what’s going on:

Start a social distancing book club with people (that includes your book). You can have daily/weekly meetings on Zoom or Skype to discuss. This will give isolated people a way to connect.
Run a “boredom promotion” where people can get your books at a discount.
Partner with other authors to promote a box set of all of your books.

I’m running a ‘stuck at home’ deep discount for readers who want to shop smarter in the grocery aisles. Personally, I like the idea of a ‘boredom promotion’; takes their focus off the negative and puts it on something positive. You’re helping people through your book.

Something New

This is also a great time to start a new marketing angle like podcasting. You can host your own show or be a guest on another podcast. Check out radioguestlist.com if you need guests to interview or wish to be interviewed. Great way to get the word out on you and your book and it won’t cost you a dime.

Yeah, we’re all cooped up in our homes but there are ways to invite the world in so it doesn’t feel so lonely. Remember the old saying: “when life gives you lemons, make lemonade.”

Are All Your Eggs in One (Amazon) Basket?

Posted on March 18, 2020 by mestengobooks

Source: Google Images

New Priorities

In case you don’t already know, Publishers Weekly sent an email titled “Amazon Deprioritizes Book Sales Amid Coronavirus Crisis.” Amazon is working diligently to prioritize “the surge in demand for household staples, medical supplies, and other high demand products.” Publishers (self and otherwise) are one of the suppliers whose goods (meaning books) will receive a low priority in shipping until at least April 5th. This makes sense; a good decision on their part, I believe.

So if you have your books self-published only through Amazon, this will pose a problem of lost or delayed sales. Hopefully you have listed your books (eBooks and hard copies) with other publishing sites like Lulu, Smashwords, Ingram, and the like. Because my book is published via Lulu Press and distributed to Amazon (and other retail sites), readers can still access my book here. Not a good idea to have your works all at one location, not at anytime but certainly not in this current climate.

Amazon is aware of the negative trickle-down effect of this decision and is working diligently to add 100K new positions in fulfillment centers across the U.S. The good news is that many of those folks out of work (restaurant servers, retail jobs, etc.) will have an opportunity to earn instead of falling into financial ruin or bankruptcy while waiting for businesses to reopen.

Plenty of Options

Which is why I’m glad I’m with Lulu Press. So far, I don’t see any announcements on their site re shipment issues. Not yet, anyway. But I’ll keep watching.

In times such as this, it’s best not to put all your eggs in one publishing basket. While sales may droop overall, it’s not the end of the world (despite what some preppers may believe). There are plenty of self-publishing sites to list your work on; make a list of which ones would best benefit your genre/s. Widen your net, keep your options open. Put a few eggs in many different baskets.

The Viral Effect

Posted on March 12, 2020 by mestengobooks

Chinese herbs

A Shift in Focus

Okay, so this is going to be one of those occasional, off-topic blog posts I mentioned in my previous post. You know, the one where I discuss something other than writing.

Coronavirus, aka COVID-19, is making its way around the globe. In the wake of this pandemic (per the CDC), irrational fears about this virus are just as prevalent. So I wanted to take this opportunity to help ‘clear the air’ on some fears that have gone ‘viral’, especially regarding certain items coming from China – Chinese herbal medicines.

A Long History

Chinese herbs are the most studied herbs on the planet. There exists over 2500 years of empirical evidence (patient-centered treatments and responses) and Western evidence-based trials, though inherently flawed, are increasingly showing the efficacy of many herbs in our pharmacopoeia. Outbreaks of SARS and H1N1 were successfully treated with herbs in some Chinese/TCM hospitals. Chapter 2 of a popular medical text (that got me through four years of herb classes and clinics), Chinese Medical Herbology and Pharmacology (Chen, 2001), is Heat-Clearing and Toxin-Eliminating Herbs. Subsections of this chapter contain many herbs that have either antiviral or antibacterial properties, or both. Several have been tested and show effects stronger than some pharmaceuticals (and without side effects).

There is an irrational fear that anything coming out of China, especially medicinal herbs, is contaminated with the virus. Let me clarify: 1) these herbs must pass muster at customs when arriving in the U.S.; 2) once they arrive at either a manufacturing facility or a large retail operation (in both cases, Kamwo Herbs, located in NYC’s Chinatown, and one of my finest herb sources), the herbs go through a rigorous testing process required by the FDA. These companies are in regular contact with either the CDC and WHO to continue providing safe, efficacious medicines.

Extra Precautions

According to several emails I’ve received from some of my professional accounts, herb companies are currently taking extra precautions when it comes to testing. They’re also reassuring customers that there are no health concerns at this time for the transmission of COVID-19 on packaged goods (traveling far, changes in temperature, etc.). Even the CDC advises that because of poor survivability on hard surfaces there’s a low risk of the virus spreading from packages shipped over days or weeks due to ambient temperatures.

Seek Out a Professional

One of my concerns is people rushing to order herbs online to treat this virus without first consulting a TCM physician. Another is if you don’t know what you’re ordering or aren’t familiar with the company you’re ordering from, my recommendation is don’t do it. In school, we’re taught to look for specific certifications, such as GMP standards (Good Manufacturing Process) and other certifications. Certain companies (like MinShan) follow GMP standards, while some in China do not (and their formulas may contain questionable substances, including Western meds). It’s important to know the difference.

Also, if you’re not familiar with medicinal herbs, you may inadvertently buy herbs or a formula that is incorrect for your symptoms. This may lead to unnecessary side effects (i.e., loose bowels due to Cold nature of antiviral herbs), no effect (because they’re not the herbs you need), or an interaction (positive/potentiate or negative/inhibit) with other medicines you’re taking, whether plant-based or pharmaceutical.

If you’re interested in going the holistic/plant-based route, seek out a licensed, trained professional. Individual diagnosis is paramount to prescribing the correct herbs in the correct dosages, all in one formula. This will save you money and give you peace of mind, knowing that the herbs you’re taking are safe.

Be careful, and be well.