Labor Day in Camel-Not


Less government union Labor per Day, please

The original meanings of many American national holidays, including tomorrow’s Labor Day (originally celebrated on a Tuesday) with its and others removal to Mondays, have given way to the celebration of leisure, especially of the three-day weekend variety for federal employees.

camelot

Most Americans will be thankful that their Obama Administration rulers will take 24 hours off from promulgating new guidelines to “properly” direct our happiness pursuits, but if idleness defines the day for employed government bureaucrats, then over 25 million underemployed Americans and their families (50 million or 16.7% of Americans impacted directly) have been “celebrating” this day for two years, thus dwarfing even 12 days of Christmas.

Hard work worthy of an American holiday celebration didn’t first occur in 19th Century northern industrial sweatshops.

Its harder to organize and collectively bargain with fellow travelers on the Mayflower or cacti obstructing the way west than it is with New York City factory owners when the whistle blows at quittin’ time. Gotta be some nearby deep pockets to pick before one can avert their gaze from the Scripture-endowed labor required before eating.

No, those that labored to found a nation that would become wealthy enough to indulge Jimmy Hoffas didn’t insist on a day celebrating the work that made non-farm subsistence possible in the first place, much less UAW-GM pensions at age 52 that minimum wage Waffle House employees are now taxed to provide.

Fairness at the heart of the holiday

The labor movement that led to this holiday was, first and foremost, at least in the collective American mind, about fairness. Of course, as my Dad used to say to childish whinings about the cruel facts of life, “the fair comes in October,” but the large numbers of former garden-keepers that moved to cities had to eat, riot or starve, and so the movement began. Keep in mind that employers who became so via hard work away from farms had no movement in hard times except movements back to the farm or six-feet under.

But the same Holy Bible insisting on labor before lunch, also promotes one day of rest out of every seven even for its Creator author, and inspired a Constitution meant to preserve endowed and unalienable rights that include the right of free speech and association. Hence the choice of job-providers to bargain with collectives or go back to mules and plows.

Full disclosure requires that DeVine Law reveal his upbringing was enhanced by the relatively better wages earned by Southern Railway, Carmens union members I addressed as Pop and Daddy. I also represented the union and many members in the 1990s. I also listened to the complaints of Daddy about how union policies hurt the company over time by making it nearly impossible to fire incompetent and slothful employees.

Whose labor owns the day?

Even before Americans discovered the true meaning of John Edwards’ “Two Americas” mantra, I have called for Labor Day to be abolished as a national holiday every year since 2006.

Don’t get me wrong, I am all for allowing most all non-military, not postal employees (I like the 44 cents solution) every second Monday in September (and all other days of the year) off from work.

But I have a problem with the Leftist, Democratic Party, class envy definitions of whose labor is worthy of praise, and so I refuse to participate, except to the extent I celebrate the labors of whoever slaughtered the pigs for my bar-be-que, the hands that cook it and Exxon for drilling the oil that gets me to the pit.

Democratic Party contempt for Reagan and ObamaDem policies reveal their true feelings about labor and fairness

Then FDR-New Dealer-Truman Democrat Ronald Reagan essentially gave up Hollywood super-stardom and his marriage to save the Screen Actors Guild labor union he led as President from Communist infiltration, nearly 30 years before he became President of the United States and led the war against the Evil Empire that employed those agitators (community organizers?, but I digress).

Reagan was shot at twice while SAG leader; only once as leader of the Free World, as he operated within the American Rule of Law that made union organization possible. Yet, when he fired illegally-striking air traffic controllers, he was denounced by the same AFL-CIO division of the Democratic Party that never had an encouraging word for him before he faithfully executed the laws as per his Oath.

By the 1980s you see, privilege, not fairness, defined the “movement” (if you can call it that given its decline from 30% of the private sector in the 50s to less than 10% then and now) so much, that Kremlin conversations were abuzz that this Cold Warrior was cut from stronger cloth than Nixons, Kissingers and Carters, if he had the audacity to fire, much less enforce the law against supposed union masters.

Fast forward 20 years and the majority of union members now being paid by taxpayers not only don’t fear being fired thanks to jobs saved or created by ObamaDem “stimuli”; but if existing laws don’t suit them and and their GM counterparts, and Congress won’t or can’t change the laws due to timid blue dogs, Reagan’s successor will deem the law as he sees fit, so long as it fits the SEIU agenda.

America used to be prosperous and fair. Now its Camel-Not. (h/t Rush caller)

The labor movement of the late 19th and early 20th centuries accomplished a lot of good, most of which has been enacted into law to protect the health, safety and minimum wages of all workers. Many individual unions have been a blessing too many an employee and kept the faith with owners and managers in not killing the goose that made golden eggs possible. UPS comes to mind.

In many ways, the drastic decline in the percentage of private sector union employees is a result of union and American success and unparalleled prosperity over the past 100 years.

I find the existence and recent growth of the government union movement to be insidious ( a subject for another day), but at least before President Barack Obama and super-majorities of Democrats started carving out special privileges for their labor union benefactors both in and out of government, one could say that the battles had been, on the whole, “fair”. Not so at Obama’s un-round table.

In the wake of the assassination of her husband, former First Lady Jackie Kennedy referred wistfully to the 1000 days of America’s romance with JFK as like “Camelot”. Why did she echo the words of the legendary King from Excalibur after the end of the great prosperous fellowship of the Round Table (pictured) and Camelot:

” Let us remember, so that we may have it again.”

It, being a rule of law applying equally to Kings, Lords and Commoners. It, being the rights acknowledged by the Magna Carta. Sounds like America used to be doesn’t it. Sounds like the days before a President could kill prosperity with TRO-violating oil-drilling moratoriums, doesn’t it?

Looking forward to celebrating Labor fairness everyday, but first please, some labor

I believe most unelected Democratic voters care about labor, i.e. people. I also believe that bad dentists care about the patients who suffer from the pain they cause. But given the results of the leftist policies that have failed every time the Democrats had the votes and a President to impose them in the late 60s, late 70s and late 2000 naughts, one would be hard-pressed to gather enough evidence to convict them of caring about labor, jobs, the poor and middle class in a court of law.

Is it fair? Has it “worked”?

ObamaDems taxed non-government individuals and businesses and printed and borrowed trillions over the past 20 months, promising to “save and create”enough jobs to keep unemployment under 8%. Unemployment in the District of Columbia and many blue state capitols where government jobs were saved and created. Jobs that we will have to be taxed to pay for, forever.

Was that fair? Did it “work”?

Well, not if by “work”, you mean achieving the stated goal of less than 8% unemployment. Unemployment in non-Districts of the United States, called “states” (you know, the entities that formed a federal government of limited powers, and who are now slaves to the monster, Dr. Reid Pelosi Obama created, still hovers near double-digits as the underemployment rate approaches Great Depression numbers.

Beyond that is it fair that:

Pitchforks get sicked on companies that dare question pay czars, secured bond holders, doctors and insurance companies?

EPA issues regulations by executive fiat when Congress tires of the three-times-a-charm ObamaCare strategy on how a bill becomes a law?

Federal judges issue orders allowing some of the 25 million American Idles to labor in the Gulf of Mexico, and the Commander-in-Chief puts them out of work the next day with the threat of attacks by the Coast Guard instead of the usual Rahm Emmanuel steam room visit?

What of executive orders giving preference to unionized companies instead of low bids, regardless of unionization?

Where is Edison’s Bulb and Chevy’s Corvette and why isn’t the Ford Mustang also subsidized?

Fannie, Freddie and Dodd bills still impose racial quotas on mortgage lenders despite the bubble as mortgage-paying taxpayers fund the sloth, drinking tea through gritted teeth.

Bailouts for Ye Olde Obama’s union and other pals, but not for Thee, We the People.

And if you don’t like ObamaCare, take a painkiller and go home to die.

Sound fair? Didn’t think so.

So what do we celebrate on Labor Day 2010?

I’ll celebrate the labor of responsible labor unions, with my greatest praise reserved for those that created the jobs and the companies through their unsung labors in the first place.

I’ll celebrate the labors of the founders, the warriors and the slaves that built and eventually built and protected the City on a Hill.

Most of all, I will celebrate the labors of God Almighty, his son Jesus Christ and his followers of the past 2000 years.

Then, I will rest, but not for long, because the only way the City on a Hill will shine again, will be through countless man-hours of mostly, non-union, yet united, labor.

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Life, Daniels and the pursuit of conservative election victories


Why Democrats win elections and why lifeless Daniels truces won’t produce majority reports

mitch daniels

Since his 2008 re-election Governor Mitch Daniels has been, rightly, singularly focused on reducing the size of the Indiana state government; balancing its budget and pursuing policies that would attract business to the Hoosier State.

Ronald Reagan would be proud of Daniels’ successful application of conservative principles at the state level as well as his clarion call that America faces an existential economic, budget and debt crisis that can only be arrested with radical conservative change.

But the Gipper would, rightly, not be pleased with that portion of the clarion call that suggests the economic crisis can only be addressed if fiscal conservatives and social conservatives “call a truce” until our economy is saved.

Democrats have never won elections touting social liberalism

There are a number of false premises behind Daniels’ vague suggestion,which I address below, but the best evidence that such a truce is not only not necessary, but also counterproductive, is provided by the history of the Reagan Administration during the last severe economic crisis.

There would have been no Republican or conservative majorities, nor a President Reagan, absent the social conservative voters Reagan brought into the party. Far from playing down social issues in the midst of a recession with double-digit unemployment, inflation and interest rates; Reagan insisted that the Republican Party platform include support for a pro-life amendment to the Constitution.

False liberal premises that Daniels’ truce assumes as true

Some have suggested that Democrats win elections due to manipulation of so-called “wedge” issues. That is a meme invented by the Left in the media and the Democratic Party to try and scare conservatives into silence when their conservative base is energized over amnesty for illegals, preserving traditional marriage and reversing Roe v Wade.

Yes, many people vote for Democrats because of their social liberalism. They are called liberals. They are no more than 20% of the population. They will always be Democrats and they ensure that the Democratic Party will always be the liberal party in this country.

Most importantly, they don’t enter into truces to be liked by conservatives and you can bet that they won’t honor any truce that moderate Republicans enter into with social conservatives. Their favor, nor that of an even higher proportion of the liberal Democrats than the hard left, can’t be curried no matter what Republicans do unless they denounce conservatism and join MoveOn.org.

Additionally, what would happen during a Mitch-inspired internal-GOP truce? Would liberal Democrats cease their assault on marriage? Of course not. You might as well call a truce between my Carolina Gamecocks’ offense and defense and hope that Georgia Bulldogs don’t try to score, but I digress…

So, why do Democrats win elections and how does that relate to Daniels’ call for a truce between libertarians and social conservatives?

The at-fault party is the Default Party

The main reasons Democrats still win elections in this country, despite their dismal and repeated failed policies, is that they have dominated American politics for most of our history and are, therefore, the “default” party. After all, JFK, Clinton and FDR were Democrats and grandma votes Democrat, so therefore, blah, blah blah…

Well, this is not a Democratic Party filled with JFKs and Bill Clintons.

This fact of the Democratic Party as the default party must change, and may well be in the process of same given recent polling showing the GOP preferred over the Democrats by 10 points.

Ancillary reasons include their pre-Obama, Bill Clinton-enabled subterfuge as a “centrist” party and the tendency over the years for Republicans to be Democrat-lite and the consequent failure to build up larger conservative majorities when they held power.

One can point to no election cycle in which the reason for Democratic Party victories can be traced to support for liberal social policies, nor to any backlash against conservative social policies leading to GOP defeats.

Moreover, the whole premise that compartmentalizes voters is flawed. Most of the social conservatives that Reagan brought in were also ravaged by CarterDem economic and weak on defense and national security policies.

Additionally, Democrats have been given cover over the years from being seen as primarily responsible for their failed policies when both parties were less ideological than today, compromise bills garnered lots of GOP support, and the Reagan Recovery that scared Boll Weevil Dems into voting for tax cuts which some spread credit around for the 25-year boom, especially when Newt tamed Bill in the 90s.

Thankfully, and to the credit of elected Republicans over the past two years, President Barack Obama and the Democratic Party own all policies now in place that have failed to usher in a recovery. Heck, then Senator Obama even voted with the new Dem Congressional majorities of 2007-8.

Everything is as clear to the voters as Luzianne tea, hence, the parties and town halls, Scott Brown and the polls.

The Great Recession (Depression?) and the 2010 Election

Mitch, Obama; failed Dem policies; exposure of the non-Clinton-like majority of Democrats; and empty wallets have already achieved your goal of a singular focus on the economy that will put large conservative majorities back in charge of the House that will repeal ObamaDem laws.

No significant number of Republican voters are going to stay home because the GOP remains the Party of Life, and one can’t point to any election cycle to make that case, much less the current one that will occur during a near economic depression with polls showing pro-lifers on the rise.

There simply is no evidence that splits between libertarians and social conservatives have cost the GOP in the past, when elections were less focused on the economy. To the contrary, the rise of social conservatism within the GOP since the late 60s, through the Reagan 80s, and into the Dubya congressional gains of 2000, 2002 and 2004 have coincided with such gains.

Moreover, social conservatives have been the equal of the most loyal voters within the GOP since the 80s and dwarf in size those libertarians so enamored of internet gambling that they would cut off their bet-picking noses to spite their faces with an ObamaDem economy that leaves them with no money left to wager!

The scare line that the Religious Right wants into your bedroom works even less with ObamaDems having invaded every room in the house.

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Fourth Annual Braves-Gamecock College Football Ode to Leonard’s Losers [Open Thread]


Our annual sports weekly that runs during College Football season returns for its fourth year with weekly prognostications by Braves-Gamecock and occasional oracle-like calls from Cockstradamus, still on sabbatical in The Azores.

braves-gamecock

This year we also launch the season with conference predictions as well as our usual selection of weekly picks at the bottom of the column, but first…

Leonard Postosties

This column has always been dedicated to the late Athens, Georgia native, Leonard “Postosties” Postero, pigskin prognosticator extraordinaire, whose “Leonard’s Losers” radio show was a must listen all during our childhood and until his death in 2001.

We await the opening Kickoff of the College Football season tomorrow, still basking in the glow of the end of the 1801 “chicken curse” as the Fighting Gamecocks won the College World Series over UCLA (the school with the most NCAA national championships) and their first national championship (The Lady Gamecocks broke their “hen curse” with the 2002 Track and Field crown), when USC will tarnish the feathers of the Southern Miss Golden Eagles as Lane Kiffin’s team (for now) has a luau with non-rainbow Warriors in Hawaii.

I am Gamecock. Born one, raised as one and matriculated as one at the Law School.

Braves Nation, America’s Team

But my love for the Atlanta Braves pre-dates my love of the rooster and runs even deeper. I loved them in 1969 when they won the West, only to fall to the Miracle Mets. Loved them in 1974 when Hank passed the Babe. Loved them during the late 70s and early 80s when they regularly threatened to lose 100 games.

Did I mention that unprecedented in all of sports, 14-year division winning streak? How about the 1995 World Series?

Loved them then, and love them now as the J-Hey Kid (Rookie-of-the Year candidate), Brian McCann (Future Hall of Famer- see biopic here) and Martin Prado (NL MVP candidate) lead the team to our pre-season predicted  World Series revenge win over some team from the Bronx!

That is the view from atop the Stone Mountain of Georgia.

Broken Bats

The only possible way the Braves could be denied the crown would be if broken bats impale them. I remember several early 20th Century legal cases we studied in Law School that determined that spectators at baseball games “assumed the risk” of injury from thrown and batted baseballs into the stands and even out on street. Ticket stubs’ fine print document this legal principle.

Impalings akin to those administered by the Huns were not contemplated. Bat handles used to be larger than a pinky finger. We hope MLB will take action soon to prevent a great tragedy. They started the conversation a year ago. Its time to act.

The Smart-Pill Machine

Now, having consulted Leonard’s Smart Pill Machine, the losers:

Southern Miss will lose to South Carolina

Thundering Herd  will lose to Buckeyes

Southern Cal will lose to Hawaii (upset special)

Golden Gophers will lose to Blue Raiders (upset special #2)

Pittsburg will lose to Utah

Commodores will lose to Wildcats

Kentucky will lose to Louisville

Red Hawks will lose to Gators

Rice will lose to Texas

Spartans will lose to Crimson Tide

North Texas will lose to Clemson

Gobblers and Hokies will lose to Broncos

Louisiana-Lafayette will lose to Georgia

Horned Frogs will lose to Beavers (upset special #3)

Utah State Aggies will lose to Oklahoma Sooners

Washington will lose to Brigham Young

Bruins will lose to Wildcats

Connecticut will lose to Michigan

Boilermakers will lose to Fighting Irish

Samford will lose to Florida State

Georgia State will lose their program’s inaugural game to Shorter College

Moccasins will lose to Mountaineers

Massachusetts Minutemen will lose to William & Mary’s Tribe

South Carolina State will lose to Georgia Tech, and from the FBS loses to FCS annals…

Ohio Bobcats will lose to Wofford Terriers (Former Baltimore Colt Jerry Richardson’s alma mater and Spartanburg, S.C. home of his Carolina Panthers’ training camp) at Peden Stadium in Athens, Ohio - (May be an upset special but given that the Terriers have beaten basketball bulldogs in Athens, Ga. the last two tries, we like our luck in its Buckeye State namesake)

wofford

Cockstradamus on FBS conference One-Twos

ACC - Clemson Tigers - Ramblin’ Wreck from Georgia Tech (and a heckuv an engineer) Yellow Jackets

SEC - USC - Alabama

Big 12 - Texas - Oklahoma

Big Ten - Ohio State - Wisconsin

Big East - UCONN - WVA

C-USA - Houston - Tulsa

Mid-American - Central Michigan Chippewas - Buffalo Bulls

Mountain West - Texas Christian University - BYU

Pac 10 - Oregon State - Oregon

Sun Belt - Middle Tennessee - Troy

WAC - Boise State - Fresno State

More losers next week as Nadal breaks through at Flushing Meadows, that 88 car wows NASCAR and Agnes Scott College remains undefeated….Get me out of here, Percy (Peabody) …

[Update Ode to Randy]

Lumberjacks will, of course, lose to the Texas Agricultural & Mechanical Aggies

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com

Category: ,

GOP now owns King’s moral Dream card


Do we now have the guts to use it, since there is no longer any need for whites and conservatives to fear the race card?

The Glenn-Beckoned, conservative multi-racial throngs honoring God, Country, and the Constitution in Washington, D.C. this past weekend, now own Martin Luther King Jr.’s Dream.

Conservatives and Republicans have lived the dream in public and private for decades from the GOP’s birth as the party of slavery abolition; passage of two Civil Rights Acts combating Jim Crow before President Lyndon Johnson; and voting in greater percentages than Democrats for the 1964-5 Civil Rights and Voting Rights Acts, respectively.

Yet, despite that history, it has been the Democrats and their Media branch that have wielded the racial and bigotry moral cards against Republicans for over 40 years, even as they victimized blacks and the poor with their proven failed economic, welfare, and foreign policies

As David Horowitz points out in the “How to Beat Democrats” (also a separate book by that name) chapter of his 2003 Left Illusions, the World’s Oldest Political Party has long understood that:

“…the key to American politics is the romance of the underdog …[as] the cause of the underdog wins American hearts because it resonates with our deepest religious and moral convictions…”

Horowitz goes on to explain how every Democratic Party policy is presented as a program to help victims. When de jure segregation was being torn down, there were many identifiable authentic victims of actual racism and racist laws. But after legal racism was abolished in the late 1960s, the increasing paucity of actual such victims caused the Left to invent “institutional” racism that made every black person in the Lower Forty-Eight a victim based on the presumed racism of all Caucasians.

Meanwhile, as most whites and blacks increasingly got along in actual America as they enjoyed Oprah, Michael Jordan and Colin Powell; the Democratic Party treated us to an ongoing faux American vision of bridges in Selma with tolerance and amens for the sermons of Jesses, Als, Jeremiah Wrights and even Louis Farrakhan.

Southern whites rightly had to purge or reform their kooks. The Democratic Party and the Media protected radical whites like Bill Ayers and all the black kooks on the left, even as they branded Clarence Thomas and Condoleeza Rice as “Uncle Toms.”

Whites indulged this fiction in fits and starts, especially after the Reagan Revolution fixed the economy for 25 years. Then came the recession, a Bush-McCain-damaged GOP brand, and a hear-no-evil indulgence in Hope, Change and the final purging of White Guilt.

Whites got tired of falsely being defamed as racists.

The race cards have were purged from the Left’s political deck of effective cards as Obama has acted out Reverend Wright’s sermons he supposedly never heard.

Who are the underdogs now?

Now we have moral high ground of King’s Dream.

So, what will we do with it?

I hope we do what the Dreaming Preacher did and wield it as a moral club to shame those liberals and Democrats, black and white, and all that have betrayed content of character evaluations according to America’s creed in favor of Jim Crow 3.0 race-based laws and judgments.

Much of the housing bubble can be traced to federal government-forced lending to people that couldn’t dream of paying the mortgages, with much of the prodding done under threat of being charged with racial discrimination; and even the new Fannie-Freddie guidelines have racial quotas.

Republicans and conservatives have long been reluctant to wield the moral card against their opponents, even as it has been wielded against us 24/7/365 for 45 years. The GOP has too often discussed issues such as welfare and economic policy as management issues rather than the moral issues they are.

Our Founders considered themselves as victims of a distant King and Parliament that were denying them their rights to earn a living.

So, who are the victims today?

Well, nearly half a million people don’t seek out sweltering D.C. heat for the joy of the heat. No, majorities of We the People now understand that they are being victimized by failed liberal policies that are hitting their pocketbooks and liberty hard, even while being accused of being racists, bigots and homophobes for daring to preserve marriage, Ground Zero and the border.

One of the more vile characteristics of the Left is that they accuse conservatives of being bad people rather than making reasoned arguments against our policies or for their own. We routinely accept the “goodness” of the intentions of the Left and argue against the wisdom of their policies based on actual results.

I do not want the GOP to mimic the vile demonization characteristic of the Left.

But I do think that we must seize the moral underdog narrative on behalf of the victims of ObamaDems’ policies.

We must point out the immorality of false racism allegations at home; insulting apologies for America on the foreign soil of true tyrants that ignore the sins of aliens that justifiably bring on American wrath; economic policies that demonize job producers at the expense of rewarding political allies in unions, banks and state and local governments; and of policies that rub 911 in our face with “OJ” trials for KSM and a mosque for him to pray in during court breaks.

Captain Ahab Liberals search for the Moby Dick KKK Whale

The Drive-By Media and Democrats have breathlessly reported the overwhelming numbers of Caucasians, especially including notorious white conservatives Glenn Beck and Sarah Palin, at this weekend’s “Restoring Honor” rally at the Linc0ln Memorial, on the 47th anniversary of Martin Luther King Jr.’s “I have a Dream” speech, as if it were a blight on the Christian preacher’s legacy.

Lewsi Grizzard used to write often of the obsession of Yankees with imagining most Southerners having Grand and minor Wizard eye-hole-punched sheets hanging in their closets. Instead, no such sheets were found among the hundreds of thousands with Beck. Rather, they found whites shedding tears of racial-harmony joy while living Martin’s Dream.

Would the Left prefer that significant portions of the 75% majority white population eschew celebrations of honor, faith, hope and charity? “Rev Al” claimed it was an “insult” to King for Glenn Beck’s rally to be held on the anniversary of the March on Washington. Really?

Let’s see: King honored “America’s Creed” (Constitution); was an ordained minister and gave a speech. We wonder, when was the last time Al Sharpton and CNN “reporters” read these lines:

I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.

I have a dream today.

I have a dream that one day, down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of interposition and nullification; one day right there in Alabama, little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.

The character content message anathema to a Democratic Party obsessed with the identity politics of race and sex.

The Pathology IV

Finally, the kooks and pathologies (I, II and III) regarding same in the black community are coming home to roost so that maybe they can finally be purged, thus paving the way for blacks to escape the Democratic Party plantation.

Americans who held their hands over their ears while wanting to like Obama more than McCain, now hear echoes of Wright and Farrakhan in denunciations Cambridge cops protecting the property of a black man and apologies for imams that won;t denounce Hamas.

When welfare changed

In chapter four of John McWhorter’s 2006 Winning the Race, the change in welfare as we knew it before Bill Clinton and Newt Gingrich fixed it, is documented as having begun when LBJ adopted the New York state policies of seeking out recipients. Heretofore, most people that qualified for going on the dole refused to apply due to pride.

The change was immoral. It essentially kicked the black man out the house and made Uncle Sam daddy.

It destroyed the black family and greatly damaged the white family, yet liberals have continually advocated the policies behind that destruction. In fact, in ObamaDems’ first act in 2009, they included the repeal of Clinton-Newt welfare reform in the Stimulus-that-didn’t bill.

Their policies are immoral in their effect and conservatives should get in Democrats faces and say so live on CNN every time they get the chance.

No more need to worry about being called a racist.

You did see the Mall this past Saturday didn’t you?

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Sager knows Texas tea best for Sunshine State


Oil made the sun shine on more than just gators in Florida

Land O’ Lakes  is a long way from New York City. New Yorkers vacationed in the Hamptons when horses and buggies were atop Dow Jones’ transportation index . The beaches Floridians understandably want to protect wouldn’t be an economic engine if oil weren’t drilled somewhere.

Moreover, given the puny effect of the recent “worst oil spill in American history”, and only the third newsworthy oil spill since it first gushed out of a Pennsylvania well in 1859, even “tanning king” George Hamilton couldn’t seriously argue against drill, baby drilling for the substance that fuels the modern world.

Yet, rarely do we find Florida politicians (and Democrats anywhere) who dare utter such obvious truths, even when they are nationally-known tea partier darlings named Marco Rubio. But, after this Gamecock combed the beaches south of our adopted Peach State roost with our DeVine-ing rod, we found a better brand of tea.

Fresh orange juice vs. Frozen-in-cans establishment-endorsed pulp

Political newcomer Jason Sager (CAN-R-FL-05) opposes President Barack Obama’s moratorium on deepwater offshore drilling, and thinks Florida and other Gulf Coast states should chase BP in federal court for damages related to the Deepwater Horizon disaster.

By contrast, Hernando County Sheriff Rich Nugent, endorsed by outgoing incumbent GOP Rep. Ginny Brown-Waite, supported President Obama’s initial job-killing measure, as well as the administration’s Temporary Restraining Order-defying second oil drilling measure.

“Let’s find out what went wrong before we start drilling again,” Nugent said.

Nugent’s timid approach would have banned Model-T manufacturing until the nail was found that caused Great Gatsby’s first flat tire on the way to East Egg.

Who knew that a President could unilateral shut down the Pursuit of Happiness?

The liberty and rule of law promised in our founding documents made our young nation the greatest in the 5000-year recorded history of Earth. The greatest threat to our united trek was exposed by the 1861 firing on Fort Sumter by those intent on preserving the cheapest of all labor via involuntary servitude by rendering the City on a Hill asunder.

This southerner thanks God that President Abraham Lincoln wouldn’t limit the Free World’s defense to a plain fruited with five Canadas instead of a Fruited Lower-Forty-Eight Plain.

Now, we face a great threat to our prosperity not from Palmetto States, but rather from latest successor to the Great Emancipator’s executive office. The problem is that Barack Obama wants only to emancipate government power at the expense of We the People’s power over our own lives.

Obama and the Democrats’ policies bail out banks, states and labor unions populated by their pals, but won’t let Americans bail themselves out, i.e. make money to eat!

Why has no oil company sued Obama for contempt of court?

After the BP oil spill attracted Obama’s attention as a potential crisis not to be wasted that could advance his high-energy tax agenda, he issued an executive order imposing a moratorium on deep-water oil drilling in the Gulf of Mexico.

Federal law imposes strict standards on such draconian action that immediately puts people out of work. One must prove a likelihood of success on the merits when all the evidence is later presented to a trial court and that irreparable harm will result absent an immediate temporary restraining order (TRO).

The Obama Administration failed to meet those standards, resulting in a federal district court order lifting the moratorium. The Rule of Law seemed to have prevailed.

Then came the all-too-familiar-after-GM-CEO-firings and the like, Rule of Obama. Attorney General Holder’s Just-Us Department changed a few insignificant words in the first moratorium and issued a SECOND moratorium the day after they lost an appeal attempting to reimpose the first moratorium.

Significantly, no company harmed by the moratoriums have brought a contempt action against the administration. Instead, drilling companies are streaming out of the Gulf to points south and east. Why would that be?

Because whether the federal courts would stand up to Obama or not, they have seen his pitchforks sicked on other similarly-situated corporations daring to make a profit outside of legal processes, and figure that if they must operate in a world devoid of an American Rule of Law, they would just as soon risk the tender mercies of non-American Rule by Men happy to have the business.

This time, the attack on America is coming from Washington, D.C.

The only way it doesn’t end up requiring nullification, succession and massive reconstruction this time, is if we send people like Republican Jason Sagar to populate a Congress presently dominated by Democrats happy to have Obama impose the liberal will over their heads.

[h/t to Redstate's BigGator5]

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Maximizing happiness pursuits on zoning boards


Property rights, free exercise of religion and the consent of the governed

Bans against smoking Winstons and Salems in Winston-Salem, N.C. restaurants; snail darters’ right to life as they kill jobs; and Kelo-like takings of habitable property deemed a “blight” on municipal tax revenue coffers found DeVine Law zealously advocating expansive private property rights.

Yet, somehow the following Ground Zero Mosque (GZM) construction made by most Republicans (Charles Krauthammer’s version below) sounded like fingernails on gamecock’s blackboard:

No one disputes the right to build; the whole debate is about the propriety, the decency of doing so.

We assume that our most respected conservative sage would also add President Barack Hussein Obama’s “out” concerning compliance with local law and ordinances, given Krauthammer’s seemingly contradictory argument made only a few days earlier, with which we agree:

America is a free country where you can build whatever you want — but not anywhere. That’s why we have zoning laws. No liquor store near a school, no strip malls where they offend local sensibilities, and, if your house doesn’t meet community architectural codes, you cannot build at all.

These restrictions are for reasons of aesthetics. Others are for more profound reasons of common decency and respect for the sacred. No commercial tower over Gettysburg, no convent at Auschwitz — and no mosque at Ground Zero.

We’ll give Charles the benefit of the doubt given the absence of any reference to the right to build “at a particular location” in his first argument,  but many sincere conservatives have made moral and constitutional arguments (property rights, religion and equal protection among other bases) against now denying Imam Faisal Abdul Rauf from developing the Park51 Islamic cultural center and mosque (GZM).

After all, declarers of independence that also wrote the U.S. Constitution considered private property rights so essential to “the pursuit of happiness” that the term “private property” was Thomas Jefferson’s initial companion with life and liberty.

Therefore, given that the Lower Manhattan real estate owners’ parcel is snail darter-free; mosques are not Wal-Marts; Islam is a religion; and the five-times-a-day, sweet-to-ObamaEars Muslim call to prayer reverberates smoke-free, then, ipso facto, they, of course, have the right to build Khalid Sheik Mohammed’s (pictured) preferred place of worship near the graves of his 2700+ victims and yet-to-be-scheduled “OJ” trial.

The assumptions made about the extent and scope of property and religious rights as opposed to the rights of the consent of the governed in their cities and states made by sincere conservatives in favor of Rauf’s “right” are strong and deserve serious consideration.

DeVine law thinks the flaws in the expansive property rights argument are part of a mistake many conservatives make when they seek (or rather don’t seek) to translate the Bill of Rights divorced from the context in which the Constitution was ratified by the States.

Constitutional federalism on the state and local level

The signers of the Declaration of Independence and their ancestors had enjoyed life, liberty and private property rights-driven happiness pursuits for over a century before their King’s decrees and a distant Parliament intolerably usurped the consent of the governed.

The quartering of British troops and the raising of taxes without representation led to a massacre in Boston and eventually a shot heard round the world.

That shot fired at Lexington was not aimed at the local zoning board

Those tired of being a King’s subjects wrote Articles of Confederation, and, later, what has proved the world’s most enduring governing document to prevent a federal government from acting as royalty. The U.S. Constitution sought to preserve the religious and property rights they had enjoyed in their states and was not a suicide pact granting minorities of any kind the right to be their kings in their cities, towns and states.

States retained their broad and expansive police powers to protect the lives, safety, morals and integrity of their communities.

No man is an island; no man ever was an island; and the Bill of Rights wasn’t written to erect individual man as an island. Men live in communities, and the exercise of their rights take place there. This fact remains even with Fourteenth Amendments and incorporation doctrines.

The right of self-government

If private property rights were plenary and unfettered, there would be no zoning boards. Rather, there would be anarchy.

Let us revisit and re-phrase the supposed certitudes with which we began this discussion. I contend that

New York City, of course, has the right allow Muslims that consider the United States to have been an “accessory to the crime” of 911 and who refuse to denounce Hamas as a terrorist group to build a mosque on top of the bones of the victims of that 2001 crime.

No one has the right to use their particular property for any particular purpose at any particular location.

All citizens are entitled to “equal protection” of the laws; free exercise of religion; and just compensation when government takes their property.

Free exercise of religion is not simply the right to “worship”

President Obama’s initial support of the building of the GZM extolled the virtues of America’s freedom of “religion”, rather than the virtues of the mere “freedom of worship” that he and Secretary of State Hillary Clinton have been enunciating at home and abroad over the past two years.

Part of the “reach out” to a Muslim world supposedly traumatized by former President George W. Bush’s liberation of over tens of millions of Muslims from the Taliban and Saddam Hussein, has been to soft-pedal the Liberty Project in favor of tolerance for Sharia which allows only the right to think about Jesus as Lord in one’s head, i.e. worship. No Baptist churches are being erected near Mecca.

Moreover, whenever liberals like Obama, and Supreme Court justices Sonia Sotomayor and Elena Kagan seek to ban bibles, prayer, crosses and nativity scenes from public property, it is useful to reduce the free exercise of religion to unspoken thoughts exercising solely within skulls. But if we want foot baths in airports or mosques as replacements for Twin Towers, then please discern James Madison ’s original intent.

The fact is that the free exercise of religion encompasses much more than mere worship and does include the right of an organized religion to own property and practice their religion thereon as well as certain practices in the public square. But the right to freely exercise one’s religion does not entitle one to wear a burka to first grade or do peyote in one’s church.

Clearly, the First Amendment does not compel Mayor Michael Bloomberg and the NYC Zoning Authorities to grab their ankles when imams demand they bend over.

Private property rights, equal protection and Fifth Amendment “takings”

Yours truly recently lost a crusade against second-hand smoke Nazis in North Carolina. We loathe D.C. Big Brothers that kill jobs supposedly protecting fragile Mother Earth and those creatures that crawl upon it from cow farts and my Certs-enhanced breath.

But, DeVine Law never claimed that property rights demanded the unfettered right to build anything and do anything, so long as one held a fee simple title to a parcel of anywhere on the Fruited Plain.

However, we do admit that we have argued for a very expansive reading of the “just compensation” clause, e.g. lost profits from ordinances banning smoking in bars and numerous other regulations that prohibit the “highest and best use” of one’s property.

Moreover, with respect to equal protection, I came up one vote short in my home state’s supreme court from requiring cities to settle all sewage back-up claims or none!

Post-conservative epiphany, I am glad I lost that case, but I still approach the issue with humility. However, the fact is that too broad a definition of takings of private property, absent requiring a transfer of title, would make “ordered liberty” impossible. The Bill of Rights were not passed to create disorder.

How I would defend a sane New York City zoning board against this mosque or any mosque close to Ground Zero

The Constitution does not require one to check their common sense at the door when considering unique circumstances attendant to building permit requests.

Common sense reveals that not all religions are the same and that equal protection of the laws does not dictate equal application to unequal entities, whether they be liquor stores, strip clubs, Baptist bingo parlors or mosques.

Even the Drive-By Media understands this, apparently, given their singular mission of late to convince Americans that their President is a Christian, even if NASA’s new frontier is the space between Morocco and Indonesia, rather than Outer Space, but I digress.

The police power of the state is empowered to consider that a mosque near Ground Zero, divorced from the views of the owners, would be a threat to public safety and order and that a Greek Orthodox Church would not pose.

There is no question that a zoning board can consider the backgrounds of particular property owners when passing on a building permit and the uses to which a building will be used.

I don’t think that current precedent would require that Imam Rauf be compensated for a reversal of the prior zoning decision, although I certainly think they should be reimbursed any costs incurred in reliance on the prior decision that would only have been incurred for the purpose of operating a mosque at that location, i.e. religious fixtures.

Lilburn, Georgia managed to stop mosque construction while our Christian President wasn’t looking, after all. Jefferson and the founders sought to maximize happiness pursuits via the gatherings of the like-minded in communities.

But those are just the gritty details that would have to be dealt with by a non-leftist, non-cowardly zoning board sans a warped view of tolerance.

NYC has the right to surrender to Osama bin laden, but Osama’s acolytes have no right to desecrate sacred ground and those NY officials that assert that Muslims have such a right, while immediately adding that they oppose the desecration, are the aiders and abettors of the enemies of Liberty that seek to turn more American soil into sacred burial grounds in Fort Hood, Detroit and Times Square.

Weakness invited aggression, and I fear the core of the Big Apple has turned rotten since September 11, 2001.

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Obama’s Ground-Zero-mosque triskaidekaphobial final kiss-off


Just when you thought things couldn’t get any worse, a black cat crosses America’s path

Nearly nine years after radical Muslims killed thousands of innocents in Lower Manhattan, not only has no memorial been erected at their Ground Zero burial ground; but on the contrary, our Commander-in-Chief supports the right of radical Muslims to dance on their graves.

President Barack Hussein Obama is an American by birth, but doesn’t seem to like it very much. The First Lady first had pride in her country when her husband won a majority of Democratic Party voters in the 2008 Iowa Caucuses.

I wonder if August 13, 2010 will mark the day when the President wrote off the 2012 Iowa Caucus and his re-nomination, much less any chances for re-election?

Given the 70-80% opposition of Americans to the New York City’s zoning sacrilege, what to make of a President of the United States/First Citizen of the World  simultaneously intent on serving as Governor of Arizona and Mayor of New York?

After all, at least the Honorable Michael Bloomberg implied that his support for the “Cordoba” Mosque as substitute for the Twin Towers was dependent on mosque organizers showing “special sensitivity to the situation”. Guess NYC’s elected leader missed the sensitivities Imam Feisal Abdul Rauf shows towards Hamas, when refusing to denounce their violence as terrorism, not mention the naming of the proposed structure as an ode to retake Spain, presumably with no future “crusades” allowed for those forced to worship Allah and not draw Mohammed at the point of the sword.

Democrats turned against President Jimmy Carter for so much less cause in 1980 after four years in office than they could justifiably turn from President Obama after less than two, today. But given the apology tours abroad, assault on job producers at home and the latest aid and comfort for Hamas-apologists at home on Bad Luck Day, isn’t it more accurate to say that our Chief Executive has turned his back on We the People of all but the “professional left”?

Despite the policy failures of the late 70s, there was never any doubt of President Carter’s love of America and desire for our country’s well-being. I have more than doubts about whether Obama loves the USA and could win that case before a jury by using only quotes from his books and career and actions and statements in office.

Astoundingly, the most far left president in our history has been attacking the leftist fount from which he sprung and vice versa, but don’t fall for the predictable spin that Friday the 13th marked the latest day of bad luck for Obama. His low stature is all his own doing and was also quite predictable.

Ground Trinity United Mosque

What else to call his Hate-America Church of 20 years when not infrequently inhabited by the man Barack always calls by the honorificMinister” Louis Farrakhan, except the Trinty Ground Mosque? Infidel “Christians” honoring the leader of a church that dubs Christians infidels?

Will Obama’s already low 40s approval rating now reduce to only the professional left? In other words, will significant numbers of Democrats now acknowledge their President’s abandonment of any pretense of representing the will of the people?

The Great Recession that ObamaDems were hired to end but haven’t, had already ensured a 2010 GOP wave before ObamaCare was shoved down 60% of our throats and before his Just-Us Department defied 70% of Americans’ wishes by suing the State of Arizona for daring to try and repel the ongoing invasion.

The final apology?

Tolerance and more tolerance for Mexico, Iran’s mullahs, and scientists intent upon national suicide praying for BP’s oil spill to land on Daytona and Myrtle beaches. No tolerance for private sector job formation, oil drilling or Iran’s freedom fighters.

America’s founding was flawed from the start with a Constitution of only “negative liberties” and a federal government too weak to direct our actions with light bulbs, taking pills and going home to die, and plug-in cars designed to get us to the welfare office and back, but no further.

Was the Thirteenth of August in the 2007th Year of our Lord the day that agent of Hope and Change finally had the Audacity to finally and completely avert his gaze from those he is sworn to serve and turn his face fully and completely to maximizing his own vision of a fundamentally changed America  in HIS and ONLY his image?

I think so.

Obama seems a man roiling with anger at his country and with personal demons. He seems to carry no flag for the original tea partiers, much less those getting sick on his bitter tea. He obviously inherited contempt for Britain from his Kenyan, British subject father.

But given Barack’s accelerating mission to get even with America’s past demons, I wouldn’t be surprised if his final mea culpa will be to apologize to the United Kingdom for denying them the Lower Forty-Eight.

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Handel follows DeVine advice: Rejects automatic recount, concedes race to Deal before Noon [updated]


[update, Noon, August 11, 2010 - from the Political Insider]

The statement just arrived from her campaign:

I want to thank all of my friends, supporters, volunteers and my campaign team for a tremendous effort over the last 16 months. We ran a terrific campaign, beat the odds to come in first place in the Primary, and came so very close in the runoff election.

As of this morning, we are four tenths of a percentage point behind Nathan Deal with absentee ballots and overseas military votes yet to be counted.

We certainly have the option of requesting the automatic statewide recount. But we are not going to do that.

The best thing for our party is to rally around Congressman Deal as our nominee in the fight against Roy Barnes. Barnes would return Georgia to a past that is best kept in our rearview mirror. We must marshal all of our resources to defeat him.

I spoke with Nathan this morning and let him know that I endorse his candidacy and look forward to the fight against Barnes. I have also called on all who were supporting me to give their same commitment and energy to Nathan.

[end update]

Forcing a recount only risks alienating more GOP voters

Karen Handel went negative early and hard and lost her tea partier appeal. That is the Gamecock’s view from his Stone Mountain of Georgia roost (pictured).

That is why she trails by 2489 votes out of 578,671 in the Republican gubernatorial nomination run-off with 99% of precincts reporting. Given the less than 1% margin, Georgia’s Secretary of State is fully aware that she is entitled to a recount.

Handel should reject the recount option and concede defeat.

Why?

Because the only way she could be the GOP’s nominee to face former Governor Roy Barnes in the Fall is as the winner of a recount “reversal”, which would cost her more votes from bitter Deal supporters that stay away from the polls, than she can afford to shed in November.

A recount that somehow found mistakes in the initial counting of over so many votes would seem “fishy” and lessen the enthusiasm even more for a candidate that gave away her tea partier momentum by going negative first with unproven allegations that her opponent is “the most corrupt politician in Washington.”

We bemoaned the ad at the time and continued to support the only candidate with the guts to promise non-teacher education cuts, especially given the equally negative and unproven ads of Deal. But who could blame Deal for defending his good name? (Click here for all our columns on this race)

Handel was on her way to vanquishing three establishment Peach State politicians before Sarah Palin uttered the name “Karen Handel” in public. She was the tea partiers’ favorite. Then, she blew it. Her only chance to make a strong comeback is to show graciousness in defeat. You don’t do that by forcing a recount knowing that a reversal of so many votes would leave her victory tainted and disable her and the party’s chances in the general election.

Election Day 2010 is setting up as a “wave election” for Republicans due to the failure of the ObamaDems in D.C. to get the economy moving and due to federal and executive overreach on bailouts, health care and gargantuan deficits.

But the GOP candidate to succeed their term-limited Republican Sonny Perdue in the State House must face another former governor generally seen as a success in his first term and who is untainted from primary fights.

Now, no matter the outcome of any recount, Barnes opponent will not be one with enthusiastic tea partier support.

Given those dynamics, if Karen Handel wants to maximize the chances of Republican control when post-census re-districting takes place, she should limit the damage she has already wreaked by conceding defeat today and endorse Nathan Deal for Governor.

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


The Tempting of Judge Bolton


Congress cedes power to Obama as King and judges as oligarchs

The problem of judge-made law trumping We the People’s contract with our government is as old as the Supreme Court’s rulings in Dred Scott (1857), Plessey (1896), Roe (1973), and Kelo (2005) and as new as this year’s federal district court rulings on illegal immigration enforcement in Arizona and gay marriage in California, respectively.

The grand canyon, State proper, and between the rule of law and rule (whim) of men

In the Arizona case, DeVine Law searched high and low for an argument justifying the federal government’s claim of having “preempted” the field of immigration law, above and beyond those offered by Judge Susan Bolton. We searched in vain.

The “best” argument having been given tepid acknowledgement by a respected legal scholar, we affirm Andy McCarthy’s evaluation thusly:

Preemption hinges not on theexecutive branch’s enforcement priorities but on congressional statutes. This distinction is accurately framed in Heather’s aforementioned NRO column: “A state law unconstitutionally conflicts with federal if either ‘compliance with both State and federal law is impossible, or . . . the state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.’” (My highlighting, for reasons that will become clear presently.)

The “federal government” has not ignored the illegal alien in question. To the contrary, Congress has enacted an applicable law; the president is simply choosing not to enforce it. Similarly, Arizona has not put itself at odds with the “federal government’s” immigration priorities. It has mirrored Congress’s priorities; it is at odds only with the president’s (non-)enforcement policy. A state law does not run afoul of the Constitution’s Supremacy Clause (which the preemption doctrine vindicates) by colliding with executive branch enforcement priorities. That becomes clear when we apply the preemption test Heather quotes above: (a) compliance with both the state and federal laws is entirely possible, and (b) the state law is no obstacle to the purposes and objectives of Congress, which are evinced by federal statutes.

This gets us to the crucial distinction: Congressional statutes are law, executive branch enforcement policies are politics. Preemption is a legal question, not a political matter.

After Robert Bork (pictured) was “borked” (lied about ambush-style) by the late Ted Kennedy and his Democratic Party-dominated U.S. Senate in the late 1980s, conservatives set about organizing Federalist Societies in American law schools, which have produced a not-insubstantial bench of judges with records of resistance to what Bork calls “the tempting” in his seminal “The Tempting of America: The Political Seduction of the Law“. From this millieu emerged The Chief Justice of the United States, John Roberts and Associate Justice of the Supreme Court, Samuel Alito.

In “The Tempting” and “Slouching Towards Gomorrah“, the greatest legal mind the nation’s highest court would have ever known, describes the politicization of nearly every institution and discipline in America, beginning at least since the late 19th Century, including the global warming “science” institution, but I digress. In the former tome, Bork goes into detail about how judges cloaked in a robe of esteem and presumed objectivity are tempted to impose their will from a “living constitution”, while still couching their arguments in the language of the actual Constitution. Although given the given the brazenness of President Barack Obama’s actions in office and the testimony of his second appointment to the Supreme Court, even this pretense appears to be on the wane.

Checks and Balances reduced to We the People

America’s revered “rule of  law” wasn’t involved in Obama’s firing of GM’s CEO, nor in the the imposition of a second moratorium against deep-water oil drilling instituted in clear violation of a federal judge’s Temporary Restraining Order issued less than 24 hours earlier. Those under the moratorium fear challenging Obama in court lest they have his pitchforks sicked on them via regulation of some other means.

The Democrat Congress doesn’t intervene despite clear violations of federal statutes, giddy with delight that their liberal dreams are being imposed and even go one step further toward the “rule of (liberal) men” with grants of executive discretion in Dodd and ObamaCare bills.

President Obama already signaled the ripping of the blindfold from Lady Justice with the empathizing Justice Sonia Sotomayor as Justice Elena Kagan defends their kind as the “third way” to amend the Constitution.

The Rule of Law seems distant if not dead.

So what of politics? More from McCarthy:

We are a body politicnot a body legal. Federal law is (and is supposed to be) very limited in what it can prevent a sovereign state from doing. Beyond those narrow limitations, the state has discretion to govern itself as its citizens see fit. Similarly, the federal executive branch is vested with vast powers but finite resources, and it has discretion over how it will husband the latter. When a state’s lawful discretionary action conflicts with the president’s lawful discretionary decision not to enforce a congressional statute, that is not a legal issue. It is a politicalissue.

In such a situation, the job of the federal courts is to stay out of it. Then, in the court of public opinion, Arizona gets to demonstrate why illegal immigration is a huge problem, and the Obama administration can try to defend the de facto amnesty it seeks to confer on the illegal immigrant population. Indeed, it is only when the law throws back its veil and politics is allowed to operate, that we actually get to see that de facto amnesty is the president’s objective. That’s why the administration and its Justice Department want you to think of this as a legal case — if it’s politics, they lose . . . big.

It is very important not to permit the Supremacy Clause’s elevation of congressional enactments, which actually constitute federal law and thus the supreme expression of the national will, to devolve into an elevation of presidential priorities, which are not law at all but political choices that can, in fact, frustrate the national will by not enforcing it.

Obama refuses to obey Constitution to defend the states

Article IV, Section 4 of The Constitution of the United States declares:

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Clearly President Barack Obama should be impeached for intentionally not protecting Arizona and the remainder of the Lower Forty-Eight from invasion, and just as clearly has Judge Bolton succumbed to the temptation of re-writing the Constitution and statutes as she wishes them to be. She has succumbed to the tempting of the serpent in Garden, as has President Obama, to be “as gods”.

Bork speaks much of how dependent our system has always been on men and women of character occupying the bench that would exercise self-discipline in faithfully interpreting the law, rather than make law while hiding behind such terms as “equal protection” and “due process”.

Presidents Thomas Jefferson and Abraham Lincoln bemoaned the loss of We the People’s right to self governance  via a judicial oligarchy substitute for King George; and the near impossibility of impeaching those granted robes and power for life.

Yet now, we also have a character problem in a Congress that will not be a check on a shameless, character-less mobster in the White House.

The continued domestic tempting of Justice (Commander-in-Chief) Anthony Kennedy

The American people will most likely have given ObamaDems the boot by the time the Supreme Court reinstates Arizona’s law, but the other bombshell from the Tempted class is on a very different track.

I speak, of course, concerning the striking down of California Proposition 8, which had banned all but opposite-sex marriage (as if) entered into by no more than one man with one woman.

Federal District Judge Vaughn Walker followed Obama-Kagan’s living empathy constitution and declared 5000 years of civilization (much less the Constitution of the United States and 5.5 million voters in the Golden State) null and void with a telegram to Chief Judicial Oligarch Anthony Kennedy toimpose gay marriage on America ASAP.

You remember the replacement for Judge Bork don’t you? He upheld the invented right to kill really small human beings lest BMW payments go unpaid. He joined with like-minded liberals to declare sodomy a fundamental right akin to free speech. Finally, he replaced President George W. Bush as Commander-in-Chief of illegal enemy combatants before Obama ran for Mayor of Gitmo.

Into Kennedy’s hands will fall the issue that spelled the rise of empires Roman and pagan throughout history:

Will Man be God via King-like Obamas and judicial tyrants and re-define civilization’s essential institution of the  family with Uncle Sam as daddy in one fell swoop, or will the United States again return to the Creator and self-governance?

Upon this question and those questions to be asked of We the People at the polls in the next three Novembers, rests the continuing viability of the Hill upon which this City called America has shined.

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Cockstradamus on death (of white guilt) and taxes (as mandates)


Cockstradamus on race, losing the white (guilt) vote, etc

With the N.L. East-leading Atlanta Braves still on track to defeat the New York Yankees in the World Series, it seems a good time for our visionary alter ego to bring his high wire act to bear on correct crowings of the recent past and the immediate future.

The complete lists follow this more in-depth discussion of the in-the-tank-”journolist” media’s obsession with protecting their far left champion from his own failures. The latest iteration follows the recent liberal “reporter” e-mail group scandal that proves  the Drive-By Media conspired to downplay campaign revelations about President Barack Obama’s pastor of 20 years, Rev. Jeremiah “G-D America” Wright.

Now, amidst the ongoing downfall of Obama’s policies and poll popularity, references to his loss of approval “among whites” has become ubiquitous, oftentimes accompanied by inferences, if not outright explicit accusations, that white racism is behind his fall.

The Death of White Guilt

Before exploring the details, can we put the latest liberal Democrat president’s poll numbers in context?

Given all the talk of the growing Hispanic vote and a near-future America in which Caucasians are no longer a majority, one might not realize that approximately 80% of the votes cast in the 2008 Presidential election were by whites.

Obama, like pasty-white past Presidents Jimmy Carter (1980 and 1976) and Bill Clinton (1996 and 1992), failed to win a majority of the white vote, although he did win a higher portion than those liberal Democrats (and also received more than Al Gore and John Kerry in their losing campaigns).

Carter won a post-Watergate razor-close election and Clinton got two assists from a pasty-white Arkansan, but both Carter and Clinton suffered electoral defeats (Carter in 1980 and Clinton in the 1994 mid-term) due to failed liberal policies that alienated all but the most loyal portion of their base: Blacks.

The trend is the same with Obama as with pasty-white liberal Democrats. His race has nothing to do with his fall from Hope, Change and Grace with the majority of Americans, except for one caveat:

A great many of the white voters that made Obama the Commander-in-Chief were independents disgusted with Bush and McCain who decided to purge themselves of white guilt.

Cockstradamus crowed after Obama’s Inauguration, no matter the effect of the election of the first Black president on how liberals continued to play the race card, that the playing of said card would no longer serve as a powerful weapon to silence the critics of liberals.

And so we had the White cops are stupid racists, Gates-gate beer summit as the first illustration. And now, those indies that covered their ears to Wright’s racism have cleaned out their ears to judge Obama’s job non-performance in ending the Great Recession and his “Just-Us” Department, as if he were just a regular pasty-white guy.

The greatest moment in the full integration of Major League Baseball was not Jackie Robinson’s debut as a player, nor Frank Robinson’s as a manager. Rather, it was when Robinson was fired for losing too many games. America seems poised to reach that kind of Nirvana in 2012 when they fire Obama.

Most white Americans long ago shed the vestiges of racism. White racism long ago ceased to be a significant impediment to the achievement of the American Dream by non-whites. And most whites are sick and tired of keeping their tolerant mouths shut to false charges of racism that serve to cover up the real threat to all of us achieving the American Dream, i.e. failed liberal Democrat policies!

My plea to Black Americans: Will you join us in a merit-based, eyes-wide open society of human beings and quit whining about skin color as a crutch?

Biting our lips at the Rev. Wright kooks you trot out was hard even during the Reagan-Clinton salad days, but now, as we have to pass up the Le Sueur peas for the store name-brand peas, it is impossible.

Other dawn announcement vindications

  • During the ObamaCare debate last year, DeVine Law Cockstradamus suggested that the only way the individual mandate to purchase health insurance could be constitutionally enforced would be via the 16th Amendment’s income tax authorization. After insisting for over a year that the mandate was not a tax, President Barack Obama now argues the opposite in court challenges to the law.
  • Congressman Hank Johnson (D-GA-4) defeated former DeKalb County CEO Vernon Jones in the Democratic Party primary in a landslide.
  • Michael Vick still not on track to learn any life-changing lessons from a two-year prison term, and though technically not a subject of the poultry oracle prognostications, we did bemoan his long prison term for animal abuse as draconian and urged others to accept his apologies. We now agree with Jason Whitlock that Vick’s honeymoon is over after the “white linen” birthday party shooting.

Coming vindications:

  • Tea-partier favorite Karen Handel will defeat 28-year Congressman Nathan Deal for the GOP gubernatorial nomination in two weeks and will go on to defeat Roy Democrat-that-won’t-be-seen-with-Obama Barnes in the Fall;
  • Braves win 2010 World Series; and
  • University of South Carolina Fighting Gamecocks, fresh off their College World Series victory (and first men’s national championship since their founding in 1801), will defeat the Georgia Bulldogs in September.

Cockstradamus now returns to his sabbatical in the Azores…

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


99 weeks and Dems don’t care


Sung to the tune of Jimmy Crack Corn, even by crack New York Times, Nobel Prize-winning, liberal Democrat economist, Paul Krugman

[See chart above showing rising unemployment since Krugman's Democrats took over Congress in 2007 and signaled to investors that taxes would not only not be cut, but would be raised.]

The lyrics of the famous song refer to a slave’s faux sorry over the death of his master that may have been caused by the supposed sorrowful slave. I was reminded of the song when recently accused of harboring excessive hatred of my former Democratic Party and upon hearing Democrats attack Republicans as not caring about the poor for insisting that unemployment benefit extensions to 99 weeks be paid for out of unspent stimulus funds.

The above was also accompanied by suggestions that Republican “fiscal conservatives” (including yours truly) want to “eliminate” the safety net for the truly needy, from two Democrat readers of my recent columns about fraudulent, so-called “Blue Dog” fiscal conservative Democrats (see tax raisers to balance a federal deficit quadrupled by those very Democrats and President Barack Obama) and the liberal  Georgia ‘journolist’-manufactured “split” between Karen Handel fiscal conservatives and Nathan Deal moral conservatives.

Caring means favoring Democrat bills

This was the first time in many years that I had heard the 40+ year old canard that Republicans don’t care about the poor, old, disabled weak and infirm since the Reagan days. I was a Democrat then, but always re-coiled from the claim that the GOP wanted to eliminate Social Security, Medicare, Medicaid and Unemployment Compensation.

Hearing that same claim last week, after Republicans have alternately controlled the White House and  Congress, as well as Georgia’s State House and General assembly over the past 30 years was quite shocking given that Republicans have never proposed reductions in the safety nets despite weilding the power to do so.

But the Democrats, when backed into a corner by their failed policies, still sing Jimmy Crack Corn and Republicans don’t care.

Witness for the defense

But now comes the out-of-tune-with-Democrats, Paul Krugman versionsubstituting “ruling elites” for Democrats, so as to lessen the blow to those he voted for:

I’m starting to have a sick feeling about prospects for American workers — but not, or not entirely, for the reasons you might think.

Yes, growth is slowing, and the odds are that unemployment will rise, not fall, in the months ahead. That’s bad. But what’s worse is the growing evidence that our governing elite just doesn’t care — that a once-unthinkable level of economic distress is in the process of becoming the new normal.

And I worry that those in power, rather than taking responsibility for job creation, will soon declare that high unemployment is “structural,” a permanent part of the economic landscape — and that by condemning large numbers of Americans to long-term joblessness, they’ll turn that excuse into dismal reality.

Nobel prize winners can be quite dense, slow learners. Paul, high structural unemployment also means high structural welfare and food stamp victims dependent on Democrats for sustenance.

I realized the intent of my fellow Democrats since at least the early 90s when they opposed continuing Reagan-like tax rate cuts that triggered rising tides of federal revenue and rising tides of the formerly poor into the middle class.

Caring, for me meant leaving Dems for the GOP

I cared about the poor and middle class so much that I finally left the party of dependence (as well weakness on defense and abortion strength against the fetus) for the party that freed the slaves, opposed Jim Crow, defeated the Evil Empire, and saved the U.S. economy for Democrat misery indexes.

Unlike my Democrat friends, the GOP doesn’t judge the hearts of Democrats just because they don’t favor conservative policies, but maybe we should. After all, by the Democrats own present “caring” criteria, one can’t care about the poor unless one favors at least 99 weeks of unemployment compensation. This means that Democrats that kept maximum benefits limited to 26 weeks from the 1930s through 2008 never cared!

For the record, the overwhelming majority of Republicans favor the major programs of the safety net for the truly needy and have, at least since Reagan coined the term in 1980. I favor the 99 week extension whether paid for by the stimulus funds or not.

My question for ObamaDems is why they didn’t care enough for the poor to spend all the flawed stimulus money last year, rather than save some to put up “Recovery Act” signs as part of the get out the vote drive this year while unemployment has risen? The question answers itself.

But let us be clear, even while we judge Republicans and Democrats by their actual actions over the last 40 years, rather than attempt “heart” readings:

One can care about the poor and have been opposed to the creation of the safety net, much less to its exponential expansion since the New Deal.

Heartless Eleanor, Jack and Dick?

Do Democrats know that Eleanor Roosevelt and then Sens. Richard Nixon and John F. Kennedy toured the nation in the 1950s trying to get their colleagues to drastically scale back the Depression era programs given that the Great Depression had been over for nearly a decade?

Did JFK and the feminist former First Lady “care” enough?

I believe that most Democrats I know, care about the poor. I also believe most are economic illiterates, misguided in their policy prescriptions, and useful idiots to their liberal leaders. Their policies cause capital to go on strike, killing existing jobs and those that would have been created absent their assaults on business creation. The misguided policies include those of so-called conservative budget deficit-hawk Democrats that merely seek to raise taxes to support their gargantuan, oppressive government. They seek to cut nothing except job producers’ incomes.

But I also believe that many of the leaders of the ObamaDems care more for garnering power via victim-dependent voters than about actually increasing their prosperity and I agree with David Horowitz that the GOP needs to be willing to wield the moral card against Democrats.

Given Democrats’ continuing advocacy of economic policies that have been proven failures since at least the mid-60s, I consider the burden of proof to be on Democrats to prove they care about the poor and middle class.

Got any evidence Democrats?

Paul Krugman is now a witness for the GOP.

Trial Date: Election Day 2010.

[Originally published at TMR - link below]

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Georgia ‘journolist’ won’t use L-word on Barnes, Obama


Georgia version of protectors of Obama from his Hate-America pastor

Winston Churchill famously said that, “In wartime truth is so precious that she should be attended by a bodyguard of lies.”

Sadly, most of the so-called Mainstream Media uses its First Amendment freedom as that of Drive-By Media bodyguards shooting the messengers to protect Democrats from their own lies and embarrassments.

The long-known reality that we haven’t much of a Press interested in reporting facts that hold both parties equally accountable went public recently in the “Journolist” scandal. It seems that over 400 “reporters” had a “confidential” email group that conspired to play down the significance of then candidate Barack Obama’s Hate-Whitey-America Church and considered falsely planting lies that certain conservatives and Republicans were racists to distract attention.

No one with a pulse should have been shocked given the nearly 50 years of more and less subtle versions of such interference-running for liberal and Democrats by those that order ink by the barrel.

Moreover, no organized O-lists or conspiracies are required for liberal ideologues to do what comes natural: lie.

Covering up lies with superfluous ink

The latest version comes from the Peach State’s “PolitiFact” and the Atlanta Journal-Constitution and their mission to return the former “King Roy” to the Governor’s office as the servant of Georgia’s education lobby.

President Barack Obama is coming here to Atlanta tomorrow for a fundraiser and a speech to Disabled American Veterans.

Obviously, the Administration sent the former Governor an invitation; Barnes received the invitation; and Barnes would have re-scheduled close relatives’ funerals if his party’s president weren’t presiding over the 1930s equivalent of “Hoovervilles” and whose popularity was over 50%.

Barnes denies receiving an invitation and claims a conflict in scheduling with events in South Georgia. Yet, instead of a headline asking,

“Who is lying, Roy or Barack?”,

the July 30 version of the Urinal-Constipation declares that:

Barnes ducks Obama despite invitation

Apparently ducking is better than lying, except when a fellow journalist and shill for Iraqi megalomaniac dictators responsible for murdering over 300,000 innocents, throws a shoe at a Republican president, but I digress.

The story should have been a few paragraphs long. It doesn’t take 28 paragraphs to write a truthful story about a he said/she said on such a simple matter as an invitation. Instead, the story takes such meandering,  labyrinthine routes to avoid the question of which Democrat is lying, that by the end of the story, the reader is more likely to feel they have been invited to be impressed with such Clintonian lying skills.

Moreover, consider this seeming throwaway paragraph:

But why would Democrats not invite Barnes to one of their highest-profile Georgia events of the year? What follows is a story about the state of state politics in Georgia. It’s a saga about the difficulty of being a Democrat running for statewide office in Georgia, a state where Republicans rule.

No, what follows is that a Democrat lied. It is obvious that Barnes lied. But rather than make that deadly sin and the obvious political weakness of a Democrat President the theme of the story, the sin is relegated to comic “pants on fire” relief that is made necessary by GOP rule!

Yes, it is difficult to tell the truth if you are a Democrat and want to fool enough voters to elect you because the truth is that Democratic Party policies fail every time they are tried.

This is why the dethroned King’s first TV ad in his race to regain his old job blamed Georgia job losses on pro-life legislation that failed to pass the General Assembly.  Barnes identified effete with effete Yankee liberals in the ad to laugh at Georgians that are against making babies ripe for embryonic stem cell killings, rather than admit that the failed policies of his Democratic Party allies in D.C. are responsible for the high unemployment rate.

Democrats lie as babies and the truth die.  Have a nice trip below the Gnat line on Monday, Roy; as the “reporters” protect Obama from his lies up here in the Piedmont.

[Originally published at Examiner.com - link below]

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Rangel-ing Obama’s Just-Us Department


A familiar lament of many Blacks about the heavy hand of “justice” being arbitrarily applied that survived long after Jim Crow, was that “just us”, i.e. Blacks, seemed to suffer the consequences of the application of the law.

Of course, Blacks have suffered disproportionately from unjust applications of the law in our history, but not just them and not so disproportionately for many decades. I have visited many white folks in jail, and after all, Oprah, Michael and Barack managed to avoid injustice in a 70-80% white nation to reach heights most non-Blacks never reach.

But it seems from reading Obama’s dreams of his father; listening to his pastor’s hate America and Whitey sermons; and documenting many of his actions since being given control of the nukes, that President Barack Hussein Obama and Attorney General Eric “nation of race cowards” Holder mean to even the score against just us Caucasians.

Apparently, Liberty, and the hundreds of thousands that died to end slavery and de jure segregation, isn’t sufficient.

How else to explain foreign apology tours, KSM’s “OJ” trial in NYC, Fannie and Freddie, typical white grandmas under buses, Dodd Bill quotas, exonerations of billy club-wielding New Black Panther voter intimidators, and the War on Arizona?

Now comes this:

The House Ethics Committee formally unveiled charges yesterday against Representative Charles Rangel after efforts to reach a settlement apparently fell short, setting the stage for a potentially historic trial of the 20-term congressman.

In a preliminary hearing on the case, a subcommittee disclosed 13 charges that lawmakers described as “very serious’’ violations of House rules and federal law.

Isn’t Holder’s job to prosecute violations of federal law? I thought so, but apparently the President that values selective “empathy” over the blindfolded Lady Justice in Supreme Court nominees, extends that concept to old liberal Democrats:

“I think Charlie Rangel served a very long time and served– his constituents very well. But these– allegations are very troubling,” Obama told Harry Smith in an interview to be aired on the “Early Show.” and first broadcast on the CBS Evening News with Katie Couric.

“And he’ll– he’s somebody who’s at the end of his career. Eighty years old. I’m sure that– what he wants is to be able to– end his career with dignity. And my hope is that– it happens. “

Obama deemed it undignified to accept the guilty plea of the architect of 911 and put him to death, yet has no “empathy” for al Qaeda’s victims. Obama has empathy for haters of “crackers”, but cares not for indignities visited upon the crackers. Obama deems renting undignified, but has no empathy for the responsible homeowners that must pay for non-mortgage payers to live above their means. The Dodd Bill includes quotas for new home loans for all but whites.

Obama told us in his first autobiography that he knows what whites think; knows they don’t like blacks (recent Electoral College count be damned); and that even his white grandmother deserves not the dignity nor empathy afforded Rev. Jeremiah Wright, Iran’s mullahs, and the soon-to-be-registered-to-vote-Democrat invaders of the Grand Canyon State and the rest of the Lower Forty-Eight.

Despite Eric Holder’s characterization of America as race cowards,  I do not believe that the Obama Administration is afraid to charge Charlie Rangel, or Treasury Secretary Timothy Geithner [an "Uncle Bill" (Clinton) - see its equivalent in Stowe's seminal slavery novel]  for that matter, with violations of federal law.

No, the issue is not one of fear. Rather, the issue is one of revenge against just us whites that don’t genuflect at the sound of Trinity Church’s most famous member.

We now live under a de facto dictatorship, and if you haven’t yet been dictated to, just wait. It takes time for dictators to get around to 300 million subjects.

The Drive-By media’s latest ploy to run interference for the self-described “mongrel” is to bemoan his loss of popularity among “whites”, as if that reflects poorly on whites as racists. But the fact is that in a nation where 80% of registered voters are Caucasian, every President that loses favor with the electorate does so with the majority of people that live here, as if!

Just ask pasty-white Clintons in 1994, Kerrys in 2004, Carters in 1980 about losing fellow whites. But at least Bill and Jimmy weren’t out for revenge.

Many of the tea partiers are those whose ears were covered to Rev. Wright in 2008, but who hear him clearly now speaking from his audaciously hopeful acolyte.

[Originally published at TMR - link below]

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Harold Hutchison’s Strike Group Reagan


Tired of politically correct characterizations of would-be Christmas Day and Times Square bombers and Fort Hood Shooters? Eyes glazed over from seemingly serious talking heads wondering if Iran is a serious threat to world peace?

Take a candor break to the beach and read Harold Hutchison’s novel, ‘Strike Group Reagan’.

Besides enjoying getting to read and say the name of the aircraft carrier named for the man that defeated the evil empire, eyes-wide open observers of the world will welcome candid and obvious threat assessments from the Muslim world via the lips of U.S. military officers and intelligence agents.

Strike Group Reagan would have been a refreshing take from Pentagon spokesman news conferences even in the midst of the invasion of Iraq, but after nearly two years into the Obama Era of “man-made disasters by extremists”, the back and forth between Navy Fighter Pilot Renee Patterson and her Commander Marissa O’Malley is like a refreshing cool shower on a hot and muggy summer day.

Yes, conservatives and the military practice true merit-based diversity in the choosing of Secretaries of State and novel characters, with Renee and Marissa answering to orders from the USS Ronald Reagan.

The action takes place around the globe with terrorist activity directed mainly in Tunisia where Renee Patterson’s sister is studying archeology when violence breaks out.

Hutchison, the Consulting Senior editor of Soldier of Fortune magazine, is a master of military equipment, logistics and strategy.

Enjoy a spectacular journey inside the US Military during a time of true crisis as competent professionals protect America and the world.

Strike Group Reagan is available here at Amazon.com. Consult Facebook page for details on author and other information.

[Cross-posted at Examiner.com]

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte Observer, The Minority Report and 73Wire Law Factory archives


Mandatory minimum sentences crack-up welcome


Congress narrows gap in cocaine sentencing rules

This former criminal defense trial lawyer saw a lot of lives ruined by crack and cocaine, but we also saw many lives ruined by long mandatory minimum sentences for possessions of small to medium amounts of crack.

Most of those latter lives ruined were those of black men, but I do not believe that the disparately lesser sentences for powder cocaine were motivated by racism.

The fact is that crack cocaine does more harm, more quickly, to more people, in smaller doses, than does powder cocaine.

Nevertheless, we welcome the best news we have heard from this Congress since its 2009 ObamaDem inception:

Congress approved a landmark change Wednesday to the mandatory sentences for cocaine possession that detractors have long alleged had racist effects.

The old law, passed in 1986, meant that a person in possession of crack cocaine would get the same mandatory prison term as someone with 100 times as much of the powder form of the drug. The criticism: Those arrested for crack cocaine possession are far more likely to be black than those arrested for powder cocaine.

The new provision, passed by the House in a voice vote Wednesday, reduces that ratio to 18-to-1. It also repeals a five-year mandatory minimum sentence for first-time possession of crack, making it the first time Congress has eliminated a mandatory minimum sentence since the Nixon administration, according to the Associated Press.

For many years, DeVine Law Factory opposed drug legalization and decriminalization. Now we lean toward same, for many of the same reasons did William F. Buckley and do many tea partiers and libertarians.

But we always opposed draconian mandatory minimum sentences that ruined the lives of so many young black men, many of whom would have been deterred from a life of crime by a reasonable sentence. Instead, they were sent to penitentiary crime school.

We thank the Democratic Party Congress for this change in the law.

[Cross-posted at 73Wire Law Factory]

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Badgering No white man’s bitch’s free speech rights


Wisconsin’s non-whites and non-males also culpable in turning First Amendment on its back

In 1972, the Federal Communications Commission forced Georgia radio and television stations to air a paid political ad by a candidate for the U.S.  Senate which declared: ”[The] main reason why niggers want integration is because niggers want our white women.”

The candidate, J.B. Stoner, was a self-declared “white racist”. I must admit that I find such rare candor in a politician quite useful, especially as a voter making a choice. Surely we are better off under a First Amendment that allows racists to make themselves known, rather than a censorship regime that aids and abets such reprehensible characters to remain incognito.

Yet, in 2010, Wisconsin’s Government Accountability Board has refused to allow a qualified independent running for state office to name her party, “NOT the white man’s bitch”.

GAB spokesman Reid Magney says Ieshuh Griffin was denied because

“Staff determined that her language used on her declaration of candidacy is perjorative (sic) in nature and does not satisfy the requirements of Wisconsin statutes”.

Who knew that the anti-federalist demander of, first Liberty or Death and, having won Liberty, demanded a Bill of Rights to protect We the People from the government just created; eschewed political pejoratives? After all, Patrick Henry (pictured) refused to attend the Constitutional Convention of 1787 after he “smelt a rat in Philadelphia, tending toward the monarchy.”

Rats, bitches and the N-Word

Aren’t rats worse than bitches, but isn’t the better question, who appointed government officials to protect voters from the truth about who would govern We the People?

The Constitution certainly did not, McCain-Feingolds and Badger State “government accountability boards” notwithstanding. Thankfully, the U.S. Supreme Court got the message, even if the word hasn’t yet reached Madison:

As the Court observed in Monitor Patriot Co. v. Roy401 U.S. 265, 272 (1971), `it can hardly be doubted that the constitutional guarantee [of free speech] has its fullest and most urgent application precisely to the conduct of campaigns for political office.’ “ Buckley v. Valeo424 U.S. 1, 14-15 (1976).

Wisconsin law allows each political party to have its name/slogan printed on the ballot under the candidate’s name. Established parties like the Democratic and Republican parties have their party name under their respective candidate’s name. Independent parties are allowed to name their party or be identified as “Independent”.

These parameters are quite similar to those the FCC found dispositive in the white racist political broadcast ad featuring the N-word:

Stations can reject ads for any reason from political groups other than candidates. And they may reject ads from allcandidates for a given office. But if they take ads from one candidate, they can’t legally refuse ads from opponents except for technical reasons (such as being too long or short to fit standard commercial breaks, or if the recording quality is poor) or if they are “obscene.” Rejecting a candidate’s ad because it’s false is simply not allowed.

So, even if anyone had accused Griffin of being “the white man’s bitch”, it would not be grounds for denying her choice of slogans. For the record, the independent candidate claims the alleged pejorative refers to submissive female dogs and not human females, and that: ”Its not racist, its not a slur…its not pointed to a particular person, in my point of view the average politician is a token” Griffin says.

Again, even if it were racist and a slur, free speech demands that voters be allowed to hear their presumed representatives’ political speech.

Brooks Jackson makes the case best here:

The very idea of self-government rests on the idea that voters — given enough uncensored information — can best decide who should be in power and who should not. So free speech applies first and foremost to candidates. As the U.S. Supreme Court said unanimously in a 1971 libel case, “It can hardly be doubted that the constitutional guarantee [of free speech] has its fullest and most urgent application precisely to the conduct of campaigns for political office.”

Griffin, for her part, seems ever the candid conservative critic of President Barack Obama and the Democrats when she declares that: “There currently is…an in-depth corruption within our government… SLAVERY, yes SLAVERY has returned in almost every aspect except name”.

DeVine Law Factory concludes:

Give us the free political speech Liberty of Ieshuh NOT the white man’s bitch Griffin, or give us Death!

[Cross-posted at 73Wire Law Factory]

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Pilgrim corrects Globe: GOP alive in New England


Republicans contest nearly all House Districts in New England

Green Papers reports that at least one Republican candidate is contesting 21 out of 22 congressional districts in the six northeastern states of Maine, New Hampshire, Vermont, Connecticut, Massachusetts and Rhode Island.

It appears that the tea partying that allowed Republican Scott Brown to seize the so-called “Kennedy Seat”, has spread in all directions from the Bay State to all of New England, where Democrats can’t catch a break.

We could only hope that Democrats running for office are as clueless as the Drive-by Media and those that reply upon their “reports”, especially a recent Mark Arsenault story in the Boston Globe brought to our attention by Pilgrim in The Minority Report.

Arsenault relied upon unnamed “political analysts” in his Lullaby to Democrats that only 3 of 22 districts were being seriously contested by Republicans. Arsenault’s “analysts” are the kind that don’t read state election qualification certifications. TMR’s Pilgrim reports:

About the only thing the article [titled, GOP may miss chances in N.E.]has right is that there are 22 US House seats in New England. I checked Green Papers, and found that at least one, and in some districts multiple, GOP candidates are contesting in 21 of these 22 districts. Just the top fundraising candidates alone have collected $5,337,725, and they call this missing an opportunity?

But before my fellow tea partying Republicans get sleepy-eyed, consider some self-voter-suppression efforts by those that like to be quoted:

“You have a weak party system on the Republican side up there,’’ said Davis, now president of the Republican Main Street Partnership, a Washington political group that works to elect centrist Republicans. “You have virtually no legislators or mayors. I mean, that’s where you build your bench.’’

Hasn’t Davis noticed that this is not the year of the usual bench! This is the year of the replacements! Pilgrim lists 21 of them…our kicker also punts…

ME-01 Dean ScontrasTot $152,320; Dsb $84,934
ME-02 Jason Levesque Tot $259,166; Dsb $189,074
CT-01 Ann Brickley Tot $73,681; Dsb $18,358
CT-02 Daria Novak Tot $49,730; Dsb $31,629
CT-03 Jerry Labriola Tot $100,674; Dsb $47,565
CT-04 Dan Debicella Tot $725,608; Dsb $221,485
CT-05 Sam Caligiuri Tot $548,538; Dsb $357,707
VT-AL John Mitchell Tot $14,500; Dsb $15,631
RI-01 John Loughlin Tot $448,299; Dsb $347,801
RI-02 Bill Clegg Tot $138,860; Dsb $27,144
NH-01 Sean Mahoney Tot $927,082; Dsb $485,804
NH-02 Charlie Bass Tot $480,626; Dsb $147,568
MA-01 Bill Gunn Tot $9,451; Dsb $6,605
MA-02 Jay Fleitman Tot $89,484; Dsb $73,583
MA-03 Brian Herr Tot $66,502; Dsb $43,154
MA-04 Sean Bielat Tot $179,479; Dsb $84,403
MA-05 Jon Golnik Tot $205,417; Dsb $92,603
MA-06 Bill Hudak Tot $487,987; Dsb $361,753
MA-07 Gerry Dembrowski Tot $11,792; Dsb $8,550
MA-09 Keith Lepor Tot $7,492; Dsb $2,916
MA-10 Jeff Perry Tot $361,037; Dsb $221,383

[Originally published at 73 Wire Law Factory]

Link for Redstate version of Pilgrim story here.

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Lindsey Graham doesn’t yet hear the screams and…


…Loves the quiche in Meet the Press green room, or

Why Sessions can’t un-Hatch Graham

As a veteran trial lawyer, it was a thing of beauty to watch the former South Carolina prosecutor’s cross-examination of Sonia Sotomayor. The Seneca, S.C. trial lawyer embarrassed her and became so embarrassed himself at having exposed such ignorance and lack of fealty to the U.S. Constitution she would have to swear to uphold, that the Good ‘Ol Boy backed-off near the end of the questioning.

Surely, I thought, if any senator’s vote against President Barack Obama’s first nominee to the nation’s highest court was assured, it was a “no” vote from the senior senator from the Palmetto State.

It was not to be.

Lindsey Graham voted “aye” on the Judiciary Committee and on the floor to replace David Souter with the “Wise Latina”. Now, after a milder, but no less effective questioning exposing Elena Kagan’s lack of qualifications for the U.S. Supreme Court, John McCain’s protege will again vote “aye”, so de minimus does Graham view the consequences of the election of conservative Republican senators.

Ruling Class co-starring roles on Sunday Shows

You see, Graham still follows the old Hatch Comity Rule that values the weight and consequences of the election of liberal Democrats to the Presidency and the value of co-starring roles on the liberal media’s Sunday Shows.

Why hasn’t Lindsey followed Utah’s Orrin in the direction their new Ranking Member Senator, Jeff Sessions (R-AL), has blazed in Advising Presidents to only nominate judges that will honor the Oath to uphold the Constitution, rather than Consent to what passes for cool at Georgetown parties and trial lawyer association seminars?

Could it be that pro-life Senator Hatch has a conscience and could no longer brag on his 80% GOP caucus votes for Bill Clinton’s Stever Breyer and Ruth Bader Ginsburg, while hearing the screams of millions of babies aborted since those two upheld Roe via Casey v Planned Parenthood?

Could it be that as Hatch nears the sunset of his Senate career, appearing with David Gregory on Sunday holds less appeal?

Could it be that Lindsey Graham wants to be able to hold his head higher to approval of his trial lawyer colleagues rather than hold it high among voters that won’t have a shot at his head this election cycle?

Graham obviously doesn’t yet hear the screams

Whittaker Chambers explains in his Witness that communists begin to hear the screams of their victims in the night. I imagine at some point the same would occur to those that enable mass murder in the womb. But clearly Lindsey still sleeps well…

How else to explain his SCOTUS nominee votes, much less his post-discrediting climate-scientist emails push for cap and trade attacks on the poor with lib-Dem pal John Kerry riding shotgun?

Yes, the same Massachusetts Democrat that his mentor John McCain almost joined on a ticket against tax-cutting, Muslim-liberating, America-protecting President George W. Bush.

Rush explains Graham as one of those Republicans that want to be a part of the “ruling class”, as described in Angelo M. Codevilla’s America Spectator treatise. I must admit that the confirmed batchelor’s chances of finding a bride seeking an un-tall man in liberal MSM green rooms, would be enhanced by a reputation for poking conservatives and Republicans in the eye, rather than as the House Manager that got Monica’s beau impeached.

Under Sessions’ leadership, and with Hatch and Senator Tom Coburn (R-OK) lending strong support, the GOP set a record with their “no” votes against Sotomayor; and, current public Republican senators’ commitments ensure a vote against Kagan at least as strong.

It is a shame that the GOP vote is not unanimous and that at least a few Democrats won’t join and make a filibuster viable.

But unless Lindsey drinks some tea real soon, he won’t be viable for re-election as he keeps kicking against the shins of conservatives and his South Carolina constituents who revere the Constitution more than Graham’s readings of nominees hearts and the definition of mainstream:

“If I believed that she had animosity in her heart about those who wear the uniform, I could easily vote no,” Graham said. “I don’t believe that.”

Liberals read hearts. Conservatives read consequences.

It wasn’t enough that Harvard Professor Kagan broke federal law twice in banning ROTC military recruiters from access to students. It wasn’t enough that she approves of five lawyers as the “third way” to amend the Constitution over and above the two ways the document itself provides. It’s not enough that she has practically zero experience as a lawyer and none as a judge. Its not enough that Kagan’s Harvard administration remained lily white.

All that matters to Senator Graham is that Presidential elections have consequences; the nominee hasn’t been convicted of a felony; and she says she adores the military in the nomination hearing, and …VOILA!…please go re-write our constitution while I bask in the glow of liberal admirers at 21 in The Big Apple, far away from Clinton impeachments, the little people in Clemson, and that bothersome Constitution.

Bob Scheiffer’s Face the Nation booking agent may soon laminate Lindsey’s membership card in the Ruling Class.

[Originally published at 73Wire Law Factory]

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Christie-Like Handel in GA GOP run-off for governor


Karen Handel will face Nathan Deal in GOP gubernatorial run-off, after the tea partier and Sarah Palin-favorite garnered a third of the vote in yesterday’s Georgia primary.

Deal, a long-time Congressman backed by former Speaker of the House and fellow Georgian Newt Gingrich, captured 23% of the vote to earn a spot in the run-off to determine who will face the Democratic Party nominee, former Governor Roy Barnes.

Barnes has already established his bona fides as the #1 shill for King Education in the Peach State. So, if Georgia voters want to be taxed to death to fund an infinite number of non-teacher, education workers in perpetuity, Roy is your man.

But what of Deal and Handel on the most prominent part of the Budget?

Former Secretary of State Handel is the ONLY remaining candidate for the state’s highest office to promise non-teacher education cuts:

“…front-line classroom educators need to be the priority. In all likelihood we’ll be looking at some broader work force reduction in the area of non-teacher, non-public safety aspects of government.”

Bravos from DeVine’s Law factory! Finally, a candidate with the Chris (NJ Governor) Christie-like courage to take on the education lobby in Georgia.

Given her opponents’ vague statements on the matter it looks more likely that Deal would make Gov. Sonny Perdue-like deals with the “teachers” lobby and sell-out like the GOP did last session.

[Originally published at 73Wire Law Factory]

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com


Handel won’t let education lobby rule Georgia


Tuesday’s Peach State gubernatorial primaries a turnout test for teachers, tea partiers and the courage to say no

The former governor dubbed “King Roy”, vying for the Democratic Party nomination to return to his old job, surrendered the throne to the education lobby in his first major television ad of the campaign.

Newt Gingrich endorsed Republican Nathan Deal who follows term-limited Governor Sonny Perdue in prioritizing “teacher jobs and small class sizes even in these difficult times”.

When the candidates aren’t sucking up to the education lobby, they stumble over each other promising to “bring jobs” to Georgia and modernize the transportation system of the largest state east of the Mississippi.

Correct me if I’m wrong, but isn’t there a deep recession on? Have they heard about it?

Roy Barnes went off the deep end of denial in his latest ad that blames job losses on pro-life legislation that failed to pass the Georgia legislature rather than the economic policies  of his ObamaDem party in Washington.

Roy forgets that Georgia’s economy boomed during his first term despite howls of laughter at him and the flaggers. Roy wants voters to give him credit for the Reagan Recovery, rather than to Reagan, Clinton and Newt.

It was easy to be governor in a time of plenty made possible by lower tax rates and the rule of law in D.C. It is much harder to govern a state in these times of want, as even the state GOP majorities discovered when they caved to the “teachers” lobby last term when, rather than make the tough education budget choices.

The scare quotes around “teachers” reflects the fact of the past 30+ years that the problems with education have nothing to do with money. Education spending in America and Georgia has increased exponentially for decades as results have fallen. Teacher pay is competitive with private sector jobs.

Ethics complaints concerning private business lobbyists and state legislators dominated the latest term of the General Assembly, but none dare speak a discouraging word against the more accurately-named Non-Teacher Education lobby for “administrative” jobs that a recession-wracked state should have cut rather than raise hospital bed fees.

Barnes and Deal go further and speak encouraging words to those that would have us believe throwing even more money at schools will improve them. Republican Eric Johnson wants a huge regional transportation tax to build a high-speed rail Xanadu…despite economic conditions. Attorney General Thurbert Baker has been all but invisible, but when the Democrat has been spotted, nary a discouraging word is heard that would suggest our pockets aren’t always open to keep that assistant deputy substitute paper-pusher employed at the school district office. Republican John Oxendine talks jobs as if he is running to replace President Barack Obama rather than Sonny Perdue.

And then there is former Secretary of State Karen Handel.

Don’t get me wrong, Handel hasn’t gone on the attack against those that turn out in proportionally higher numbers in mid-term elections, but at least she hasn’t sucked up to them.

Moreover, her message has consistently been about permanently reducing the size of state government and improving education, rather than mere promises to spend more on same.

DeVine Law Factory, along with many tea partiers, will vote for Handel in the July 20 Georgia GOP primary in hopes that we can return Georgia to the rule of law rather than Rule by Education.

[Cross-posted at 73Wire Law Factory]

Mike DeVine

“One man with courage makes a majority.” - Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com

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