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News should not be made by the FCC and EPA

Major changes in government policy should only be made by clearly written statutes passed by Congress

I sat at rapt attention as the announcer of the on-the-half-hour radio news began his broadcast with an announcement of a just-completed “important vote” on internet “neutrality” regulation policy. Naturally, I assumed that the morally-illegitimate Lame Duck Congress had passed more Don’t Ask, Don’t Tell-like legislation that We the People thought we had protected us from on Election Day. But, the 20th Amendment notwithstanding, at least even a Lame Duck is an elected duck.

But, to my surprise, the important vote was not even by an elected duck, but rather a Federal Communications Commission, acting under a vague statute that courts had already deemed not sufficient to allow regulation of free speech on the World Wide Web.

I felt like a helpless Russian in 1970 hearing of an edict from an unelected Kremlin, rather than a free American, circa. 21st Century.

Didn’t we defeat Orwell’s 1984 when the Berlin Wall fell in the late 20th Century after a Reagan, Thatcher, Pope push?

We defeated ObamaCare three times, only to have Bill Clinton lobby a fourth time and have it forced upon us. We have the greatest wave election and repudiation of a Dem Party since the 1940s, only to have 2010 Lame Duck Dems cram thru a treaty favoring Russia and essentially ensuring that Gay marriage is imposed by judicial fiat by making it legal for same-sex sequestered soldiers to occupy submarines. It seems a disconnect has developed between We the People and those we elect represent us.

Now comes an FCC defying the courts and inventing a “law” that would trump the First Amendment on the Internet. We also hear that the EPA will defy the defeat of cap and trade attacks on the poor via higher energy prices at the hands of congressional lawmakers in the Senate, and insist upon imposing same on Texas and the rest of us thru regulatory fiat.

This is not the self government that patriots died to secure from a King and maintain from socialist, fascist, Islamist and communist threats.

The new GOP-majority House has many first priorities, especially including reining in excessive government spending that is threatening our currency and our overall prosperity with crushing debt.

But another of their first priorities must be to nullify such FCC and EPA rulings or the States will have no choice but to revisit the musings of John C. Calhoun. We cannot let Oligarchs and Czars replace King George. Regulation without representation cannot stand. Americans have a right to freely speak and use the resources of this nation to pursue happiness, and that includes the right to drill for our own oil and not have taxes on energy and food that crush the poor and middle class.

Mike DeVine

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

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com

COMMENTS

  • http://dreamsfrommyforefathers.com RoguePolitics
  • Scope

    was just blowing smoke when he said he would go after the EPA.

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
  • http://908StraightSt.wordpress.com/ mbecker908

    and no specific spending authority beyond the last continuing resolution. This foolishness CAN be stopped, the question is “Will it?” and I don’t have the answer to that one.

  • ladyimpactohio

    Let’s see if she can pull it off.

    http://blog.heritage.org/2010/12/22/rep-marsha-blackburn-promises-to-undo-fccs-internet-regulations/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+FoundryConservativePolicyNews+%28The+Foundry%3A+Conservative+Policy+News.%29

  • bobmontgomery

    …at George Mason named Lovejoy asserts that when Congress RESISTS, regulation is there to provide a way forward. As if Article One of the Constitution said “Regulation” and Congress was an afterthought and Congress had better not resist.
    Not only ….should…..policy not be made unless by statute, it is unfathomable why policy is enforceable unless if by statute. The abdication of responsibility by a Congress, or by individual Congresspersons, should be a violation of oath of office, or misfeasance, or something.
    Add to Mike’s list above Ken Salazar’s impounding of more land within the borders of several states.
    We applaud Michele Bachman’s organizing Constitutional lectures for those incoming in the new Congress and hope that they are given the instruction that the articles and amendments are not suggestions.
    Thanks Mike for a very strong and unambiguous piece.

  • E Pluribus Unum

    OK , tonights scores:

    Bosox 4
    Detroit 1

    Rangers 5
    Angels 4

    FCC fascists 3
    America 2

    Not a single bit of editorial curiosity as long as it’s the Left that is perpetrating.

  • bobmontgomery

    …that is the real problem. We heard about Halliburton almost every day from 2001-2009, but hardly a peep since. Did the government stop giving them contracts? The media could’ve cared less about Halliburton, just like they care less about GE today. Ditto Blackwater. I heard they changed their name, but aren’t they still providing security in the Obama administration?
    All this is the complete and utter abdication of responsibility, and there are Conservative lawyers who could be in court helping to get some of this stuff overturned if they weren’t too busy out in California trying to get Proposition 8 overturned.

  • http://www.hakubi.us/ Neil Stevens

    I have to disagree. I wish the press *would* stick to reporting just the facts as a rule.

    But no, the reporting on this and most other public policy issues tends to include biased ‘context’ and ‘analysis’ driving their side.

  • qixlqatl
  • redneck_hippie

    Obama’s dog was subject to all kinds of obstacles in his way of joining the King and his family in Hawaii. The regulations (oh JOY) were overcome at last. Thank G_d Bo was not prevented from sunning himself and shagging the Kings ciggie butts from the mansion lawn.

    The nation can relax. Bo can move freely between the Kremlin West and The King’s playground.

  • conservativecurmudgeon

    “Regulation without Representation cannot stand…”

  • renny

    the 40+ czars are up to. Congress needs to run an investigating machine for the next two years.

  • conservativecurmudgeon

    … to be called “Czars”. Czars were laws unto themselves, and utterly foreign to American tradition. And, I remember the Leftist Media Complex in the early 1980′s referred to Bill Bennett as a “czar” only as a pejorative.

    Lordy, this crowd makes me sick.

  • http://impudent.edublogs.org/ kyle8

    is that they have been disbanded.

  • http://www.defeatobama.com DefeatObama.com

    By and large I prefer the government, like most of us on this site, no stick it’s nose into any area of enterprise. However this issue with Level One-Netflix is something that sort of throws a kink into the current model of how the internet works. My fear is that companies will collude to block a product like that.

    Of course I also believe Level One needs to pony up for it’s excessive data packet push.

  • antisocial

    I am hoping Gov. Perry can lead a successful campaign against the over reach.

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
  • edintexas

    Will Rogers was proud to proclaim himself “a Democrat”. He did so in his radio programs, his newspaper column and in at least one or two of his movies (I guess just in case people hadn’t gotten the point that he was a Progressive who supported Roosevelt).

    For those who are unaware of his actual politics, just for grins here’s the Huffpo commemoration of the 75th anniversary of his death:

    http://www.huffingtonpost.com/greg-mitchell/tragic-day-for-america-wh_b_683284.html

  • edintexas

    Apparently you don’t believe in the ability of the Net to evolve responses to problems and we probably need the government to solve the problem of Level One.

    Further you worry that the companies involved, if left to their own (and the marketplace’s) devices, will collude to eliminate the bandwidth hogging company. Such a course might happen, but it would run afoul of restraint of trade restrictions which have been in place since before the FCC was established. Not to mention conspiracy statutes in all states plus the Feds. What AG would pass up a chance to haul AT&T or TWC into court?

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

    cutting spending back to at least 2008 levels; repealing or impeding ObamaCare; and taking votes on repealing/impeding Dodd Bill ect.

    Actually, I think we need a list of priorities, with particular care given to strategy that anticipates arguments and prepares…more to come

    Great points gal

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
  • http://dreamsfrommyforefathers.com RoguePolitics

    Politics aside.