I admit it, I’m an addict and I need help. I can’t kick this by myself. I’ve tried, time and time again; it’s just so easy to get a fix. I’m a hypocrisy junkie, no matter how hard I try, it’s everywhere!
Remember New York 23!
Dede is gone, throwing her support behind the Democrat in the final proof of her worth as a Republican. This race was advertised as our “Hill To Die On”, it is only fitting to continue in a military venue. On the eve of the election in NY 23 Doug Hoffman finds himself as our modern day William Travis, standing on the walls of the Alamo. Newt Gingrich showed just enough disdain for American Conservatives for me to cast him as Santa Anna, the NRC, and NRCC as the Mexican Army. (It makes the video above even better doesn’t it?)
If NY 23 is our 21st Century Alamo, the 2010 election is our Battle of San Jacinto. As the early morning silence of April 21st, 1836 was shattered by cries of “Remember the Alamo!” the decisive battle of the Texas Revolution was begun. 18 minutes later it was over, Texas was its own Nation.
Hoffman’s chances are much better than those faced by Travis and should he win it is a win for every American who agrees it is time to reassert the “consent of the governed” over our beltway aristocracy. The momentum of this and other promising early elections will provide the momentum to take us forward to 2010.
If Hoffman loses, the blame lies squarely on the doorstep of the NRC, NRCC, the DC GOP establishment and the $900,000 they gave to Bill Owens (D), via Dede Scozzafava. And it is still a victory for conservative Americans as our cry of “Remember New York 23!” carries us to San Jacinto.
For anyone about to accuse me of forgetting the real enemy, the Rinos in the GOP have long been a fifth column for the progressive agenda, their current support of global warming legislation, their long record of growing government, and if nothing else, the evidence of last year’s pitiful abortive attempt at a Presidential campaign should prove my point. Antigonus Monophthalmus, caught up in the Wars of the Diadochi (successors) after Alexander’s death, once called for a sacrifice beseeching the Gods to protect him from his friends explaining, “From my enemies I can protect myself, but not from my friends.”
Now our “friends” have been warned, each cry of “Remember NY 23!” will remind them which side we are on, they can make their choices accordingly.
Crossposted at The Minority Report
The Government Goes a-Viking
It is always a temptation to a rich and lazy nation,
To puff and look important and to say:
“Though we know we should defeat you, we have not the time to meet you.
We will therefore pay you cash to go away.”And that is called paying the Dane-geld;
But we’ve proved it again and again,
That if once you have paid him the Dane-geld
You never get rid of the Dane.It is wrong to put temptation in the path of any nation,
For fear they should succumb and go astray,
So when you are requested to pay up or be molested,
You will find it better policy to say:“We never pay any one Dane-geld,
No matter how trifling the cost,
For the end of that game is oppression and shame,
And the nation that plays it is lost!”
Recent news of the White House’s “offended values” via the TARP laden Bank bonuses reminded me of Kipling’s poem, the lessons that should have been learned from the oft-quoted Danegeld apply to individuals and businesses as well as nations. If they were familiar with more than just the quote, that is.
England had endured Viking raids since 793, when the Scandinavian Raiders from Norway, Sweden and Denmark (the term Viking comes from the phrase fara í víking or going a-raiding) destroyed the Abby at Lindisfarne, carrying off the church treasures and making slaves of the monks that were not killed or drowned at the scene. By 991 the situation had worsened to see the raids being conducted by organized Danish Armies. After the disastrous Battle of Malden, the earliest known Democratic politician, King Æthelred the Unræd (noble-council; no-counsel) of England found a solution. He paid the Danes 10,000 roman pounds of silver. Not having the Chinese to borrow from, Æthelred laid one of the planks of the Democrat Party Platform which survives to this day, tax and spend. Both his ineffective tribute and the land tax that supported it became known as “Danegeld” (Danish Tax).
Small raids continued, in 994 another 22,000 pounds of gold and silver was paid, the taxes were raised, payments were made again in 997, 1000, 1001, and 1002, each time seeing the taxes increased accordingly. The Danes invaded in 1004, were paid off again in 1007, 36,000 pounds this time, guess what happened to the taxes! 1009 saw the largest invasion yet which was bought off in 1012 with a payment of 48,000 pounds of gold and silver.
In 1014 King Sweyn of Denmark decided to eliminate the middleman, that being King Æthelred, and collect the taxes himself. By 1016, Sweyn’s son Canute ruled England and paid his victorious army from the collected Danegeld.
Much like Æthelred the Unræd and his plague of Danish raiders, American Banks found themselves plagued by Democrat Politicians. Ever increasing numbers of risky loans, new markets in defaulting loans, the looming recession and the collapse of the entire house of cards is a familiar story. But then, rather than fail, as our capitalist system demands, the banks paid the Danegeld. This time it wasn’t silver pennies the banks paid in tribute, but power and control. Playing the part of the Danes in our modern day bit of history re-dux is the Federal Government, now controlled by those same Democrat Politicians. The banks paid the Danegeld again in March and are going to make another payment soon, as the Federal Government and its Pay Czar demand still more tribute.
While it’s tempting to point out that they paid the Danegeld, effectively asking for whatever they get, the Danegeld also strengthened the Danes. Politics recently blocked Rush Limbaugh, a private citizen and member of the White House “Enemies List” from minority ownership in an NFL Team. The White House recently felt strong enough to declare war on Fox News. How long and how many tributes will be demanded before the Federal Government “eliminates the middle man” as Canute did to Æthelred? How can our 21st century raiders “gone a-viking” threaten private industry that didn’t take the TARP funds?
While I can’t predict the future, I can give you more history of the Danegeld.
The Danegeld funded Canute’s later war with Scandinavia, in 1026 he declared himself Cnut the Great, “King of all England and Denmark and the Norwegians and of some of the Swedes.” William the Conqueror used it to fund his continental wars, his descendants coming to rely on it more and more, doubling and re-doubling the rates. By 1130 King Henry collected £23,000, roughly 100 million current USD. The Danegeld continued until 1162.
The effectiveness of the early democrat tax and spend philosophy is proven by archaeologists. English silver pennies were the most common coinage paid as Danegeld and more silver pennies from the time period are to be found in Scandinavia than in England. The recorded amounts of the Danegeld paid by Æthelred and Canute combined, total approximately £250,000, its purchasing power at that time is estimated to have been roughly £1,000,000,000 (1.635 Billion USD).
Contributor to The Minority Report
The American Aristocracy: Those Favored Few, Booted and Spurred
America is about to lose its republican form of government, the once vaunted phrases in the Declaration of Independence, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…” have been forgotten, thrown on the trash heap of history alongside the American Exceptionalism they spawned. Americans have awakened to find themselves ruled, as they were prior to 1776, by an aristocracy. An aristocracy requires superiority, superiority need not stoop to receiving consent from the lesser class, they are, by their own superiority endowed with the just powers to rule. It is their divine right.
Merriam Webster’s Dictionary defines aristocracy as:
1 : government by the best individuals or by a small privileged class
2 a : a government in which power is vested in a minority consisting of those believed to be best qualified b : a state with such a government
3 : a governing body or upper class usually made up of a hereditary nobility
4 : the aggregate of those believed to be superior
One of the triumphs the Founding Fathers saw in their design of the American government was the elimination of the aristocracy. Jefferson defined its successor as “natural aristocracy” based on virtue and talent, not, as the “artificial aristocracy” is based on hereditary privilege. In an 1813 letter to John Adams he said, “May we not even say that that form of government is the best which provides the most effectually for a pure selection of these natural aristoi into the offices of government? The artificial aristocracy is a mischievous ingredient in government, and provision should be made to prevent its ascendancy.”
A few years later, in a letter written shortly before his death, Jefferson wrote of the Declaration of Independence and the rights of man which that document recognized, once again making reference to the elimination of the aristocracy (in bold).
“May it be to the world, what I believe it will be, (to some parts sooner, to others later, but finally to all,) the signal of arousing men to burst the chains under which monkish ignorance and superstition had persuaded them to bind themselves, and to assume the blessings and security of self-government. That form which we have substituted, restores the free right to the unbounded exercise of reason and freedom of opinion. All eyes are opened, or opening, to the rights of man. The general spread of the light of science has already laid open to every view the palpable truth, that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately, by the grace of God.”
His reference to the hereditary relationship between the aristocracy and the citizens was itself a quote from another. Appropriately enough, owing to Jefferson’s authoring of the Declaration of Independence, he was quoting Richard Rumbold’s “Speech on the Scaffold”, delivered in 1685, just before he was hung for treason.
“I may say this is a deluded generation, veiled with ignorance, that tho popery and slavery be riding in upon them, do not perceive it; tho I am sure there was no man born marked of God above another, for none comes into the world with a saddle on his back, neither any booted and spurred to ride him.”
Americans may not find themselves saddled quite yet, but we have been gentled and calmed by years of Progressive Incrementalism as surely as a horseman calms and soothes a wary stallion before slipping the bit between his teeth. 206 current members of the House have been in office since 1999 or earlier, with the inestimable Duke Dingell having held office since 1955, when he inherited his seat from his father. The Senate counts 52 members who have held their seats since 1999 and earlier, led by one of the few Senators to have earned a title outside the aristocracy, the Exalted Cyclops of the Ku Klux Klan Robert Byrd, first elected to the House in 1952 and serving in the Senate since 1958. The eldest inheritor of his divine right to a Senate Seat is the Ard Tiarna Chris Dodd, holding his title since 1981. In the manner of the landed gentry since the dawn of time, the members of American aristocracy have steadily enriched themselves through the toils and tribulations of their serfs, the American taxpayers. In 1952, when the Exalted Cyclops first took office his annual congressional salary was $12,500, with the aid of the Seneschal of Ways and Means, Charlie Rangel (in office since 1971) it is now $193,400. The nobility has also enriched their knights and retainers during this time. Nancy the Grand Duchess of Pelosi, for example, paid her staff $1,194,089 from the federal coffers in 2008.
Occasionally those who style themselves our betters let their views of us, their serfs and peasants, slip. Comments made among their peers in the intelligentsia denigrating the “gun and bible clingers” in fly over country would slip into the media. These were quickly explained away. The more comfortable they grow in their divine right to rule the less need there is to explain these slips of the tongue or to even expend the effort to hide their true opinions.
The reactions of La Noblesse to the Tea Parties and their well documented reaction to their constituents during the August Recess’ Town Halls, echo Marie Antoinette’s “let them eat cake”, or Mel Brooks’, “Sire, the peasants are revolting!” “You said it, they stink on ice!” The only difference being that Mel Brooks was funny, this is both heart wrenching and terrifying.
As the Dauphin de Amerique bickers about the definition of “tax”, the peers devise new ways to confiscate our earnings and property to pay for their spending. What we desire is of no consequence, as long as it is named something other than tax they can slip it past us. Their own bards tell them we are too stupid to know what we need and should be dragged to it by force. When asked to share the burden of governance with the American serfdom by posting bills online, the barons and baronesses refuse to allow us to even see it, refusing at the same time to entertain our questions and concerns over the pending legislation.
That the government of the people, by the people and for the people has been supplanted, and our ruling elites now govern without any semblance of the consent of the governed is about to be proven beyond any doubt. When Harry le Vicomte de Sénat Reid uses parliamentary sleight of hand to force the passage of the Baucus Bill, it will be undeniable. The willingness to force the passage of a bill nearing 60% opposition among the populace shows the ultimate in contempt for both the American people and the need for our consent to govern. The combination of the passage of Healthcare and the subsequent passage of Crap and Tax, Card Check and the resumption of funding to ACORN, will see the aristocracy’s payments to their military caste, their knights of the realm, completed. The bit will be firmly in our mouths and the saddle cinched tight. Those of us intrepid enough to voice our opinions will find a modern day Sheriff of Nottingham wearing an SEIU t-shirt, forcing us into submission. Even if we flock to the polls in 2010 to retake our liberty, the aristocracy is confident that ACORN can negate our efforts. And there is still Grand Inquisitor Holder to be considered.
Still, bitted and saddled is a long way from ridden, our new aristocracy may find their new steed is not what they expected. They may find it something more purely American than a common horse.
I think it was Chris LeDoux who said “You’re never ready to ride the bull; it just becomes your turn.”
Go ahead Harry, pass healthcare.
It just became your turn.
Cross posted on The Minority Report
The “New” Intolerable Acts
“Those who cannot remember the past are condemned to repeat it.” George Santayana
The Seven Years War, the French and Indian War in the American Colonies, had left the British Monarchy with a debt of £133 million. In an attempt to repay this deficit the British Parliament began to levy additional taxes on the Colonies. For ten years following the war, 1764-1774, a succession of Acts were passed intended to increase revenues from the Colonies. 1764 saw the Sugar Act which, in addition to raising duties and fees from the import of sugar into the colonies also brought the Royal Navy into customs enforcement. The Stamp Act, also in 1764, was nothing more than a huge tax increase, intended to “further defraying the expenses of defending, protecting, and securing the same; and for amending such parts of the several acts of parliament relating to the trade and revenues of the said colonies and plantations, as direct the manner of determining and recovering the penalties and forfeitures therein mentioned.” These were followed by the Quartering Act which allowed British Soldiers to be housed in the “unoccupied” homes of the American Colonists. These Acts, coupled with abuses by the Royal Navy in its customs enforcement mission, were seen as increasingly restrictive and grew in unpopularity.
In reaction to these Acts, the Virginia House of Burgesses passed the Stamp Act Resolutions, which had been offered by, then 29 year old, Patrick Henry. The resolutions proposed several now familiar claims:
· American colonists had transported British rights to North America at the time of their immigration.
· Those rights had twice been confirmed in Virginia’s royal charters.
· The right to be taxed by representatives of one’s own choosing was one of the most fundamental British liberties.
Henry included one unforeseen idea as well:
· Only colonial assemblies had the right to impose taxes on their constituents and that right could not be assigned to any other body.
On May 30th, 1765, Henry gave his first speech as a member of the House of Burgesses defending his resolutions. It has come to be known as his “If This be Treason” speech. Nearing the end of his oratory, he said, “Caesar had his Brutus, Charles the First his Cromwell and George the Third…” At that point he was interrupted by cries of “Treason!” from delegates who easily recognized the reference to assassinated leaders. Henry paused briefly, and then calmly finished his sentence: “…may profit by their example. If this be treason, make the most of it.”
The popularity of these resolutions and the ideas contained in them spread like wildfire, stories on the Virginia Resolutions were carried by the newspapers of the day and similar resolutions were passed by groups in other Colonies.
In 1765, Parliament reacted to the Virginia Resolutions and the growing sedition in the Colonies with the Declaratory Act which was intended to further bind the colonies to Great Britain and stated “resolutions, votes, orders, and proceedings, in any of the said colonies or plantations, whereby the power and authority of the parliament of Great Britain, to make laws and statutes as aforesaid, is denied, or drawn into question, are, and are hereby declared to be, utterly null and void to all intents and purposes whatsoever.” The popular idea of being governed by their fellow Colonists would not be realized, local governance could now be declared null and void if it were anything other than a rubber stamp for the Crown’s policies.
1767 saw the Townshend Act, intended to provide additional revenue (£40,000 a year) to the Crown by levying several new taxes and raising duties for the importation of British goods. The Act revived the anti-British reaction to the Stamp Act, Colonists reacted in 1768 with the Boston Non-Importation Agreement, basically a boycott of British goods, resulting in the occupation of Boston by British Troops. The boycott worked, in 1773 the Townshend Act raised just half of the expected revenue, tensions were high, the Colonies had already seen the Boston Massacre, not actually a massacre but effectively sold under that description to the Colonists. The Gaspee Affair, in 1772, saw a British Naval vessel burned by colonists after it had run aground chasing a colonial smuggler.
By this time the British East India Company was on the brink of financial collapse, in an attempt to prop up the struggling company and mollify the Colonies, the East India Company was given a trading monopoly with the colonies with teh passage of the Tea Act. The tax on tea would remain in place but with the monopoly the price could be significantly lowered. Parliament hoped the Colonists would be happy to receive the cheaper tea and therefore comply with the still present tax on it. While most activists once again advocated boycott, some went further. When Massachusetts Governor Thomas Hutchinson allowed three tea laden ships to enter Boston Harbor, before the taxes could be collected, a group of Bostonians stormed the ships and threw 342 chests of tea into Boston Harbor. The tea lost was valued at over $750,000 in current American dollars.
1774 saw the British reaction to the Boston Tea Party, another series of Acts, these earning the name “The Intolerable Acts” in the Colonies. The Boston Port Act blockaded the Boston Harbor, the Administration of Justice Act granted a change of venue to trials conducted in Massachusetts to any other British Colony or to Great Britain itself. The Massachusetts Government Act abrogated the colony’s charter and provided for a greater amount of royal control. As Lord North explained to Parliament, the purpose of the act was “to take the executive power from the hands of the democratic part of government.” The Quartering Act was little changed from the Act of 1764 but did provide the American activists with additional fuel for their fires. Finally the Quebec Act established the Colony of Quebec, cutting off the Colonies westward expansion by including Ohio, which was comprised of what is now Illinois, Indiana, Michigan, Ohio, Wisconsin and part of Minnesota, to the province of Quebec. The combination of these repressive acts and the utter disdain they demonstrated for the Colonists desires for self governance and a return to productive British citizenship were the last straw.
Local elections, Colonial Legislatures and Committees of Correspondence sent delegates from all the Colonies except Georgia, to the First Continental Congress in September of 1774. The task was unclear at first, but the leadership present in the First Continental Congress decided to, one last time, attempt to plead the Colonies case to King and Parliament. On October 14th, 1774 they issued the Declaration and Resolves, a statement of principles common to all the Colonies. Congress voted to meet again the following year if these grievances were not attended to by England. The Declarations and Resolves were strongly worded and did not offer the King and Parliament much choice but it was a choice. Many were beyond attempting reconciliation yet again but thoughts of treason were sobering and one last attempt was made.
We find ourselves today awaiting the formation of our “Conservative Congress” and the issuance of our Declarations and Resolves. Our deficit began, not with a War but years ago with Social Security and the progressive camel getting its nose under the tent. Social Security was followed by “The Great Society”, “The War on Poverty”, and the thousands of bureaucracies necessary for the government to manage them. Incrementalism has allowed a slow but steady increase in the size of the Federal Government, expansion of social programs and entitlements to the point where nearly 50% of the American people do not pay the taxes upon which these programs depend. It has changed both our political parties, one to a fanatic leftist organization not even recognizable as the mutant spawn of its previous self, the other to a cringing, frightened collection of lost souls whose only desire is to hear something nice about themselves from the leftist controlled media, most without enough spine to stand erect much less actually represent the large portion of the citizenry who now find themselves at odds with the administration.
A year ago, thousands of Americans were dissatisfied with our elected leadership. The minority of those dissatisfied individuals held their noses and voted for the cringing candidate of compromise and aisle crossing, the majority were swept up in “Hope and Change”. That hope and change has brought about the New Intolerable Acts, resulting in the same reaction the original acts brought from American Colonists 235 years ago.
The first of these New Intolerable Acts was TARP and its $700+ Billion expenditure. The next was the Stimulus, or the American Reinvestment and Recovery Act, passed in a rush to avoid “catastrophe”, unread. As time wears on the reasons for passing it prove the lies the American people were told about its necessity and its planned effects. As of September, less than $94 Billion has actually been spent, and word is leaking that the money authorized for “shovel ready” projects was always planned to be with held until 2010, an election year in which the majority party will need to be seen as accomplishing something. Unemployment still climbs above the promised cap that the stimulus would provide and only clever games with the numbers keep it below 10%. So the American people were lied to, the rush necessary to pass this Act without even reading it was actually to hide its details from us, not due to any pending catastrophe.
Another of the New Intolerable Acts still lingers in congress after having been passed by the House, Cap and Trade. The longer it lingers the more Americans see it for what it truly is as well, a power grab by the Federal Government and a money machine for the progressive Congress, funneling money into their social policies by raping and pillaging every citizen and private business in America at the cost of our entire economy.
Nearly every other action taken by the Obama administration adds into these Intolerable Acts, from the order to close Gitmo to the plethora of Czars found in the White House. With holding funds from our democratic neighbor after Honduras lawfully and in accordance with their democratic Constitution expelled the “no longer” President who violated that Constitution. The only budget that finds itself cut in Washington is Defense, and that in a time when America is sending its best and brightest into harms way.
The Tea Parties that began to voice our dismay with the progressive, statist policies were met with derision from our elected officials. When leftist sponsored anti-war protesters disrupted Senate Hearings or camped outside the President’s home the protesters were praised for “speaking truth to power” and being patriotic, when we protest the leftist’s actions we are racist, nazi tea-baggers. Obama’s Department of Homeland Security continues to warn about “right wing extremists” while left wing extremists murder pro-life supporters and even failed Presidents feel empowered to call Americans racist.
The American people and the progressive agenda collided in the issue of Health Care. Another thousand plus page bill stalled and could not be passed in reaction to some perceived calamity, leaving the American people with the entire August Recess to get a jump on our elected legislators and read it for themselves. The naked government power grab which is HR 3200, and every other liberal bill for health care, has been seen, and seen through, by the American people. Even after hearing it from our own mouths at town halls across the country, the statist legislators maneuver to force the bill through against our will. As their own pundits proclaim the American people “too stupid” to know what is good for us, the Senate flirts with a seldom used budgetary measure which would allow them to pass it with a simple majority rather than the 60 votes actually required. They may as well issue their own Declaratory Act and justify ignoring their constituents.
While the leftists ranks in Congress swell with tax cheats and corruption they drop everything and attack the one Representative of the People who dared to tell the truth, one elected official who dared tell the Nation that the President was a liar was censured by the same tax cheats and corrupt officials who sell their votes and legislation for campaign contributions.
Ladies and Gentlemen of Washington DC, the Conservative Congress is in session. We grow weary of your disdain and your failure to Represent us, we shall issue our Declarations and Resolves, at which time you will have one year to attend our grievances. The next step we take is up to you.
Contributor to The Minority Report
Cass Sunstein: The Second Bill Of Rights and the Death of “Government By the Consent of the Governed”
Glen Beck and Fox News have been publicizing more information about Cass Sunstein since their success in the ouster of Van Jones. Of course, that had no effect on our elected representatives who voted 57-40 to confirm Sunstein as the head of the Office of Information and Regulatory Affairs. Beck has been concentrating on Sunstein’s stance on Animal Rights and a 2007 call for the banning of hunting. That is only the tip of the iceberg of Sunstein’s progressive, statist agenda.
In 2004 Sunstein authored a book entitled “The Second Bill of Rights: FDR’s Unfinished Revolution and Why We Need It More than Ever”. The Second Bill of Rights was laid out by FDR in his 11th State of the Union Address in 1944 as a means to “assure us equality in the pursuit of happiness.” Equal outcomes, or as liberal newspeak has it, “level the playing field.” FDR listed these state guaranteed “rights” as:
“The right to a useful and remunerative job in the industries or shops or farms or mines of the nation;
The right to earn enough to provide adequate food and clothing and recreation;
The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;
The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;
The right of every family to a decent home;
The right to adequate medical care and the opportunity to achieve and enjoy good health;
The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment;
The right to a good education.”
Each of these is a goal, something to strive for; the original Bill of Rights ensures we are able to strive for them, without the interference of government. Americans were the first people in the history of mankind to recognize that a higher power, our Creator and NOT our government, or our King, has endowed each of us with the liberties necessary to pursue these worthy goals. According to Sunstein, that is where we went wrong:
“…there are no “natural” rights - all rights are the product of government, defined by government, enforced by government, and protected by government. The “right” to ownership of property, for example, which most people think of as a primal right inherent to all who are born into society, is actually a product of law.”
According to Sunstein rights are a product of law, or more correctly, of the government that writes the law. Rather than being “endowed by our Creator” with liberties beyond the reach of government, we are endowed with our rights by our government. Sunstein would have us, to borrow from Thomas Jefferson, endowed by those “favored few booted and spurred, ready to ride them [the mass of mankind] legitimately, by the grace of God.” Sunstein has even higher aspirations for his tyrannical theories on the origin of rights.
The Cato Institute’s Tom G. Palmer reviewed the book for National Review and described Sunstein’s constitutional desires for his government granted rights…
“The mere assertion of those rights isn’t enough for Sunstein; he wants to endow them with constitutional status, like the rights that are actually mentioned in the Constitution. He admits that “the founding document does not refer to them, and it is not seriously argued that they are encompassed by anything in the Constitution” — yet on the next page he states that “if the nation becomes committed to certain rights, they may migrate into the Constitution itself”. Later on, he asserts that “at a minimum, the second bill should be seen as part and parcel of America’s constitutive commitments. Roosevelt’s speech proposing the second bill deserves a place among the great documents in the nation’s history. Indeed, it can be seen as occupying a place akin to the Declaration of Independence, or perhaps somewhere between the Declaration and the Constitution.” (emphasis added)
With views like these it is no wonder Cass Sunstein is described as Obama’s close personal friend”, Obama himself describes the Constitution as “too restrictive” and “a charter of negative rights.” This is yet another glimpse of Obama’s goals concerning the Constitution for the United States.
Providing these state guaranteed rights will provide the ultimate power to the Statist government, placing the reins in our mouths and Obama and his radical statist ilk firmly upon our backs. Imagining how the government will meet the requirements entailed in all of these new rights is something straight out of “1984”, “Brave New World” or “Soylent Green”. Sunstein even telegraphs the first things our new, all powerful government will have to take away, for the good of all, of course. Property rights, how will government pay for everyone’s “remunerative” job if you are allowed to retain your money as property? How will the government provide guaranteed “decent homes” if you are allowed to maintain your home as property?
Palmer closed his book review with this:
“The Second Bill of Rights may rest on a logical fallacy, a primitive economic theory, and a silly ethical claim, but it is instructive nonetheless. Sunstein’s treatment of the problem of how to use the judiciary to enforce welfare rights shows what a radical departure they are from the rule of law, how they introduce arbitrariness into government policy, and how, ultimately, the contradictions and incompatibilities generated by welfare rights undermine the very idea of rights itself — for when “rights” conflict, the state must decide whose “rights” are to be respected, but, since it has been stipulated that both of the conflicting parties are in the right, the state’s decisions must be on the basis of something other than right.
Sunstein’s work represents a return to the governmental theories of absolutism — of power, rather than of right. Welfare rights are incompatible, not only with property rights, but with law and with the very concept of rights. Professor Sunstein, meet Louis XIV.”
Once our government, rather than our Creator, is recognized as providing all our rights it will no longer derive it’s just powers from the consent of the governed, rather using its divine powers to provide its “just” consent to the governed for our every action.
Or as Obama will be able to say, “It’s good to be da king.”
Contributor to The Minority Report
White House Readies For Reconciliation Roulette
A piece on The Hill today speculates on White House maneuvering setting the stage to use reconciliation to pass Obamacare. From Sam Youngman: (emphasis mine throughout)
“By offering Republicans olive branches during his address to Congress on Wednesday, Obama has set up a win-win situation. If GOP lawmakers embrace compromise, a healthcare bill would pass Congress easily. But the more likely scenario is that Republicans will continue to oppose Obama’s plan, and the president later this fall will be able to note he tried to strike a deal with the GOP but could not. That will set up a Democratic argument that Senate leaders have been forced to use a partisan budget tool known as reconciliation to pass a health bill through the Senate by a simple majority, instead of 60 votes. Under the budget plan they passed earlier this year, Democrats could invoke the reconciliation process on Oct. 15.”
As Obama preps the battlefield calling for action…
“The time for bickering is over. The time for games has passed. Now is the season for action.”
Senior Administration officials begin to manufacture the crisis…
“I think getting something done is paramount here. We want to bring along everyone who’s willing to come with us, but the fact that not everyone is willing to come with us is not an excuse to fail in dealing with what is really a fundamental issue that has to be done.”
The lefts intimacy, history and reliance on astroturfed protests does not allow them to believe that the American people’s indignation is real, its Glenn Beck, Fox News, Rush Limbaugh, someone manufacturing this discontent. It is that incapacity to believe the American people can look to something beyond their next government handout that makes them believe they can force Obamacare down our throats. The people in DC today and the people who have been filling Town Halls across the Country won’t stand for it.
Russian Roulette is played with a revolver, Obama, Rhambo, Pelosi and Reid don’t realize they are loading a semi auto. Once you spin the cylinder, a revolver offers an 83% chance for survival. The semi auto? Go ahead, pull the slide back, lock and load…
…your odds aren’t quite so good.
Contributor to The Minority Report
Censure Joe Wilson? Do They Really Want To Go There?
Article I, Section 5 of the Constitution states that, “Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.” Censure is a less severe form of disciplinary action that does not remove a Senator or Congressman from office but is a serious black mark on their standing and career. A vote for censure requires a simple majority to pass.
The Rules adopted by the House Committee on Standards of Official Conduct provide simply that:
“With respect to the sanctions that the Committee may recommend, reprimand is appropriate for serious violations, censure is appropriate for more serious violations, and expulsion of a Member or dismissal of an officer or employee is appropriate for the most serious violations. A recommendation of a fine is appropriate in a case in which it is likely that the violation was committed to secure a personal financial benefit; and a recommendation of a denial or limitation of a right, power, privilege, or immunity of a Member is appropriate when the violation bears upon the exercise or holding of such right, power, privilege, or immunity.”
In the history of the United States there have been 31 censured Members of Congress, 22 in the House and 9 in the Senate. Senator Timothy Pickering (Federalist MA) was the first to be censured in 1811, when he read correspondence which had been submitted to the Senate by President Jefferson but never been made public, in violation of standing Senate rules and guidelines. Pickering remained unrepentant but his fate was sealed by Senator Henry Clay (Republican KY) and the Senate voted 20/7 in favor of the censure.
Since then there have been censures for insulting the Speaker of the House (Rep. William Stanberry, 1832), assaulting another member or brawling on the floor of the House or Senate (Rep. Lawrence Keitt, 1856; Rep. Lovell Rousseau, 1866; Sen. Benjamin Tillman and Sen. John McLaurin, 1902) introducing legislation proposing that a group of slaves had a natural right to liberty (Rep. Joshua Giddings, 1842), using unparliamentary language either in a speech or in legislation (6 members, 4 incidents), selling military academy appointments and bribery (two instances, two separate members) and two members for treasonous conduct by recommending the recognition of the Confederacy and failing to support the subjugation of the South (17 members were expelled). In 1879 two Members of the House, Oakes Ames (R MA) and James Brooks (D NY) were censured for bribery in the “Credit Mobilier” scandal.
This list brings us to the 20th Century and some notable censures. Sen. Hiram Bingaman (R CT) was censured in 1929 for employing an assistant who was simultaneously employed by the Manufacturer’s Association of Connecticut. In 1956 Sen. Joseph McCarthy (R WI) was censured for abuse and non-cooperation with the Subcommittee on Privileges and Elections during an investigation into his conduct.
In 1967, Sen. Thomas Dodd (D CT) was censured for using his congressional office to convert campaign funds for his personal benefit. Perhaps graft and corruption is genetic considering the performance of Thomas’ son, Christopher, also a Senator from Connecticut.
1979 saw Rep. Charles Diggs (D MI)for being convicted of payroll fraud and Sen. Herman Talmadge (D GA) for improper financial conduct and improper reporting of campaign receipts and expenditures.
1980 brought Rep. Charles H. Wilson (D CA) for receiving improper gifts; “ghost employees”; and improper use of campaign funds and 1983 Rep. Gerry Studds (D MA) and Rep. Daniel Crane (R IL) for sexual misconduct with House pages.
We end the list in 1990 when Sen. David Durenberger (R MN) was censured for unethical conduct including acceptance of prohibited gifts, converting campaign contributions to personal use, illegal use of a condominium, and the structuring of a real estate deal.
The latter 20th Century seems to have brought about a change in the reasons for censure. Gone are the minor infractions of “unparliamentary language” and brawling on the floor of the Senate only to replace them with graft, bribes, misuse of funds, and sweetheart real estate deals. Until now that is. Now the calls to censure Rep Joe Wilson (R SC) are coming from the likes of Benedict Arlen, Rep. Jim Clyburn (D SC), Rep. Steny Hoyer (D MD) and the Progressive Change Campaign has reportedly collected 30.000 signatures and $10,000 as well. Benedict Arlen had this to say on the Bill Press radio show:
“I’m not saying the guy should be kicked out of the House. … But there ought to be some rebuke, reprimand, censure — something that will discourage that kind of conduct in the future. If you do that to the president, it’s open season.” (emphasis mine)
Even George LeMieux (Rino placeholder FL), the “junior to even that Franken idiot” Senator, found time to run his mouth, suggesting censure. (You can help close his mouth here.)
I guess the open season that Democrats opened in 2004 when they boo’d President Bush over the Patriot Act and continued in 2005 when the Dems again boo’d and shouted “NO” when President Bush mentioned Social Security Reform during the State of the Union Address, is now closed. In any season you are only allowed to boo a Republican President and that season was only open to Democrats, kind of like the lottery for a “doe tag” in deer hunting or only shooting the male mallards (greenheads) while duck hunting.
The season the Democrats are opening now allows graft, corruption, tax evasion, sweetheart mortgage deals, bribery, influence peddling, and earmarking for your favorite DOD contractor, once again only if you are a Democrat and apparently without a bag limit. Nancy Pelosi has been touted by the lame stream media for her attempts to quash the calls for censure, but considering her announcement that Charlie Rangel (D Tax Evader) will keep his Chairmanship in the House Ways and Means Committee, her acts can hardly be viewed a magnanimous. William “The Freezer” Jefferson (D “you can’t buy a politician, but you can rent them”) was defended by his party until finally losing to Joseph Cao, Chris Dodd (D Countrywide), following his own family tradition, is remaining the Senate Banking Committee Chairman, John “F the Marines” Murtha (D Earmarker Extraordinaire) still sits in the Chair of the House Appropriations Defense Subcommittee while he and many of his friends (Moran and Visclosky among most of the other members of the committee), from both parties, await the conclusion of an FBI probe involving earmarks to PMA Group and campaign contributions back to themselves. Dianne Feinstein (D Contract Profiteer) steered $25 billion to the FDIC just in time for her husband’s company to win a contract to sell foreclosed homes for the FDIC. Don’t forget Jesse Jackson Jr. (D How much for that Senate Seat in the window?) and Jane Harmon (D spies go free for a Committee Chair). Five members of the Black Caucus are under investigation for privately sponsored trips to the Caribbean and a few more investigations of unknown house members are still being conducted by the slow coach House Office of Congressional Ethics.
Representative Wilson has raised over $700,000 since shouting to the Nation a cleaned up version of what I had shouted 30 times at my AM Radio that very night. He should take a cue from Obama’s speech and go all in. Take the floor of the House and tell the defenders of corruption he has issued his one and only apology. Dare them to do their best and serve notice that he will not be censured alone. Debate the questionable ethics of the Democrat Party for all of America to see and hear. Debate his wrongdoing and contrast it with tax evasion, sweetheart real estate deals and the current pay to play wheeling, dealing and earmarking that has become business as usual for the most morally and ethically corrupt Congress in the history of The United States. Worst case scenario, he is censured and can wear it as a badge of honor when he welcomes the new GOP majority to Congress in 2010.
Go for it Joe, I’ll donate again.
Contributor to The Minority Report
Unconstitutional, So What?
Accusations of “unconstitutionality” have not been uncommon; but they are heard with increasing frequency of late. Czars, Obamacare, Crap and Tax, the “fishy” email collection, the 2010 census, Obama is batting .500 against the Constitution. When I hear these accusations the first thing I think of is the Supreme Court, aren’t they the final arbiter of constitutionality?
One of the walls of the Supreme Court Building is inscribed with the phrase:
It is emphatically the province and duty of the Judicial Department to say what the law is.
Doesn’t the SCOTUS decide what the law is or what is unconstitutional? Actually, and in typical lawyer fashion, the answer is yes and no.
Even the Supreme Court’s authority to decide issues of constitutionality is in some amount of question. There is no power of “judicial review” included in the Constitution for the United States. In an 1803 case, William Marbury, who had been appointed Justice of the Peace by President John Adams (one of the “Midnight Judges” appointed as the Adams administration was leaving office after losing to Jefferson), asked the Supreme Court to force Secretary of State James Madison to provide his commission, which had never been delivered. The court declined, finding that the Judiciary Act of 1789 was unconstitutional. Chief Justice John Marshall wrote in his decision:
“It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each.
So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the Court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the Court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the Courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the Legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.
Those, then, who controvert the principle that the Constitution is to be considered in court as a paramount law are reduced to the necessity of maintaining that courts must close their eyes on the Constitution, and see only the law .
This doctrine would subvert the very foundation of all written constitutions.”
Reminding you of the vast number of lawyers involved in this over the years, and of the fact that Obama is himself considered, by at least some of them, to be an expert in constitutional law, it will come as no surprise that the Supreme Court’s decision in Marbury v. Maidson has been called unconstitutional. One of its original opponents was President Thomas Jefferson. Their objections never got much traction and judicial review has been the accepted law of the land since 1803.
The Supreme Court has, over the years, developed a set of rules for judicial review. One of these is the “Doctrine of Strict Necessity.” The Supreme court will decide these cases only when absolutely necessary, there are other branches of the government, all swearing allegiance to the constitution, who are capable of deciding the constitutionality of a proposed law or action. If the court has to step in and make a ruling it will only decide on factors that apply to that particular case.
Another is the “Doctrine of Clear Mistake”, Professor James Bradley Thayer explained this as “a statute could be voided as unconstitutional only when those who have the right to make laws have not merely made a mistake, but have made a very clear one,–so clear that it is not open to rational question’’ or, in more familiar terms, if it is unconstitutional beyond a reasonable doubt.
The “Exclusion of Extra Constitutional Tests” states that the court will only rule on legislation, not on policy, motives or wisdom. A face saving precaution for the legislature, they may feel stupid after the court finds their law unconstitutional but at least the court won’t call them stupid.
“Presumption of Constitutionality” is described by Justice Bushrod Washington as ”It is but a decent respect to the wisdom, integrity, and patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the Constitution is proved beyond a reasonable doubt.” Think of this as considering the legislators innocent (competent?) until proven guilty (incompetent?).
“Disallowance by Statutory Interpretation” if it is possible to construe a certain law in a certain way to avoid a constitutional question it will be construed in this fashion.
“Stare Decisis in Constitutional Law”, Stare Decisis is a portion of a latin phrase, Stare decisis et non quieta movere, or “Maintain what has been decided and do not alter that which has been established”. Precedent is the lowest priority in constitutional law or, as the court put it, “[W]hen convinced of former error, this Court has never felt constrained to follow precedent. In constitutional questions, where correction depends upon amendment, and not upon legislative action, this Court throughout its history has freely exercised its power to reexamine the basis of its constitutional decisions.” This explains the SCOTUS reversing its former decisions 130 times between 1946 and 1992.
Justice Brandeis (SCOTUS 1916 -1939) described these rules this way:
“The Court developed, for its own governance in the cases confessedly within its jurisdiction, a series of rules under which it has avoided passing upon a large part of all the constitutional questions pressed upon it for decision. They are:
1. The Court will not pass upon the constitutionality of legislation in a friendly, non-adversary, proceeding, declining because to decide such questions is legitimate only in the last resort, and as a necessity in the determination of real, earnest, and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act.
2. The Court will not anticipate a question of constitutional law in advance of the necessity of deciding it. It is not the habit of the court to decide questions of a constitutional nature unless absolutely necessary to a decision of the case.
3. The Court will not formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.
4. The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of… If a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter.
5. The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation.
6. The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits.
7. When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.”
All of these rules, while giving the SCOTUS the power to “say what the law is” also provide us with protection from usurpation of powers by the SCOTUS. It is interesting to note that these rules, while based on some ancient legal principles, are self imposed by the SCOTUS. By making themselves the last resort for constitutional questions they preserve the checks and balances built into the constitution and force our elected lawmakers to bear a portion of the responsibility to uphold the Constitution.
This information leaves us well short of the last resort in our accusations of unconstitutionality. Even Marbury had to wait three years to have his case heard, if Obamacare or Crap and Tax are passed, three years will see the damage done, possibly irrevocably. Even if the SCOTUS hears the case we are guaranteed it will focus on the narrowest possible effects and details, in the case of a thousand plus page law, there is little chance the entire act will be struck down, only portions of it.
We cannot pin our hopes on the SCOTUS, they are not the only people in our government who have sworn to support and defend the Constitution. Each and every Representative, Senator and the President himself have taken that oath, they need to be reminded of it, and to know that we understand the Constitution and will not stand for their forsaking that oath. Obama has disparaged the Constitution as:
“a charter of negative liberties. It says what the states can’t do to you. Says what the federal government can’t do to you but doesn’t say what the federal government or state government must do on your behalf.”
The men who wrote the Constitution saw government as the greatest threat to our liberty. History proves their opinion as does our lawmaker’s current behavior and pending legislation, without a list of “negative liberties” what would our current crop of legislators have done already? A list of what the government must do for Americans is very short, leave us alone and get out of our way!
Contributor to The Minority Report
Of Thousand Page Bills
The Porkulus was 1,073 pages, Crap and Tax was 1,201 pages but does that include the 300 page, 3:00 AM amendments? I’m not sure but what are a few hundred pages between friends? Now Obamacare weighs in at 1,017 pages. Our elected representatives assure us that bills such as this are necessary to ensure the laws resulting from these monstrosities are enforced as planned. Somehow, the recent disaster of “Cash for Clunkers” doesn’t reassure me.
Of course, these were all absolutely vital bills, not just your run of the mill legislation. The Porkulus was supposed to save us from utter catastrophe and the collapse of the American, if not the world’s economy. Crap and Tax is going to save the world, from that dreaded pollutant and natural bi-product of life, carbon dioxide. And of course, Obamacare is going to provide medical treatment for the 45 million uninsured who can’t get it, unless of course they go to any emergency room anywhere in the United States.
1,000 page bills wasn’t always the norm, a man who knew a thing or two about government and legislation once said…
“It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.” James Madison
A comparison of legislation Madison was closely involved in and what passes for legislation today doesn’t shine a favorable light on our current crop of elected leaders.
“May it be to the world, what I believe it will be, (to some parts sooner, to others later, but finally to all,) the signal of arousing men to burst the chains under which monkish ignorance and superstition had persuaded them to bind themselves, and to assume the blessings and security of self-government. That form which we have substituted, restores the free right to the unbounded exercise of reason and freedom of opinion. All eyes are opened, or opening, to the rights of man. The general spread of the light of science has already laid open to every view the palpable truth, that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately, by the grace of God. These are grounds of hope for others.” Thomas Jefferson, June 24, 1826
Thomas Jefferson wrote this in a letter to Roger C. Weightman, then Mayor of Washington DC. Jefferson’s health forced him to decline Weightman’s invitation to share in the 4th of July celebration honoring the 50th Anniversary of the Declaration of Independence. While America celebrated that 50th Independence Day, Thomas Jefferson passed away at the age of 83.
Jefferson, serving as the Minister to France from 1785-1789, missed the Philadelphia Convention and the creation of the Constitution for the United States. His friend, James Madison is considered the primary author, the “Father of the Constitution”, and kept Jefferson abreast of the proceedings. Madison described the Constitution in this fashion:
“The happy Union of these States is a wonder; their Constitution a miracle; their example the hope of Liberty throughout the world”
Jefferson witnessed the effects of our “inalienable rights” during the French Revolution, even providing a draft “Charter of Rights” to his friend the Marquis de Lafayette, one of the leaders of the National Constituent Assembly.
There is no denying the effect these two documents have had on America and the world, but by the standard of our current elected leaders these documents are all but useless.
The Declaration of Independence is one page, roughly 1,300 words. The Constitution is four pages, albeit each is 28 ¾ inches by 23 5/8 inches. Counting all 27 amendments it is comprised of 7,591 words. The horror! Surely something so short and unspecific must be riddled with unintended consequences, where is Madison’s “Cash for Clunkers” style failure?
I’ve read the Declaration of Independence and the Constitution for the United States, several times. The first time was while I was in High School; even then I found it easily understood. It was obviously written to be clear and concise and didn’t require “legalese”. I recently presented my daughter with a pocket copy for her High School graduation, she found it completely understandable. Though it was mentioned in her American History class, it wasn’t studied or discussed beyond the general facts and dates. Thanks to the August recess I had time to read HR 3200, all 1,017 pages. The same clear and concise style isn’t there. The primary language is legalese but even then, its text and the underlying meaning is murky, as if it’s hiding something. It establishes bureaucracies but doesn’t explain their function; it references other documents and laws but does not explain how that affects the bill itself.
Here are the opening statements…
Constitution: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
HR 3200: To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.
HR 3200 comes out a little lackluster, but it is only a bill intent on controlling a major portion of the American Economy, not intended to control the workings of the government of an entire nation. Of course, the first term of congress, 1789-1791, our legislators spent an entire $4.3 million dollars, with HR 3200 coming in at $1 Trillion plus, maybe we could expect a little more.
Contrast the creation of Congress with the creation of the Center for Comparative Effectiveness Research (pg 502).
The Constitution clearly delineates what the House and Senate can and cannot do. The Center for Effective Comparative Effectiveness is established to “establish and periodically update, not less frequently than triennially, national priorities for performance improvement.” What is done with these recommendations is not clearly mentioned but it involves a lot of concern with “high cost chronic diseases”, and “end of life care”. It goes on to define quality measures as those that “assess outcomes and functional status of patients, to assess the continuity and coordination of care and care transitions for patients across providers and health care settings, including end of life care, and to assess the safety, effectiveness, and timeliness of care.” That’s a lot of what it can and will do, but where are the limitations? With similar organizations, such as NICE in the UK, already well known for rationing available healthcare, where is the statement “the Center for Effective Comparative Effectiveness will not limit available treatment for patients, regardless of age or current health condition, including chronic diseases and end of life care? The Constitution would have included such a line, and many more. There are no limitations listed, no chains upon this particular government entity.
These observations hold true throughout HR 3200, it creates but does not limit. The bill itself does not address Americans concerns; we are left to trust our elected officials’ blithe answers to our questions about those concerns. They tell us we are being misinformed, there are no “death panels” they tell us we can keep our own insurance and our own doctors, the bill doesn’t say abortions will be paid for by our tax dollars, but they refuse to write these things into the bill. We are instead told we must trust them; they are trying to take care of us! I have no trust for government OR our elected leaders. The Constitution was written to eliminate the need for trust, as Jefferson described:
“In questions of power…let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”
Our government and our elected leaders are wriggling free of the chains that bind them, hiding their efforts behind thousand page bills. It’s time to check the locks, tighten the cuffs till they pinch and chafe, they’ve done enough mischief already.
Contributor to The Minority Report
