Tag: unconstitutional

Change I Could Believe In

Post author By David
Post date January 26, 2010
12 Comments on Change I Could Believe In

Warning: Undefined array key "adf" in /home4/hpvcxhmy/public_html/wp-content/plugins/similarity/similarity.php on line 69

Warning: Undefined array key "sim_pages" in /home4/hpvcxhmy/public_html/wp-content/plugins/similarity/similarity.php on line 70

photo credit: jasoneppink

Back in October I wrote about the dangers of a crisis mentality and tried to show that the abuse of crisis was not a one-party trait. I see that Will Wilkinson did a better job of showing that this month in Let the next crisis go to waste:

The Aughts began in crisis when the second plane hit the second tower on Sept. 11, 2001. The Bush administration, loath to let a serious crisis go to waste, managed to parlay the nation’s alarm and credulity into an ill-conceived invasion of an entirely unrelated country, wasting over a trillion dollars and many tens of thousands of lives, all while losing control of the fight in Afghanistan and failing utterly to bring down Osama bin Laden.

Bush’s botched attempts to capitalize on crisis—the ugly aftermath to which Obama is heir—might have made an alert leader wary. But instead, Obama set up shop in the Oval Office and proceeded immediately to use crisis as (Emanuel’s words again) “an opportunity to do things you’d think you could not do.”

Rather than acting as a prudent guardian of the public good in a time of economic turbulence and hardship, Obama and the Democratic Congress have hurried to check the boxes on their partisan wish list precisely when the nation most needed a restorative break from transformative ambition.

Tags change congress, crime, Elevated, government, Haiti, KVNU FTP, Obama, unconstitutional

General

A Real Christmas Gift

President Obama, Harry Reid, Nancy Pelosi, and other congressional leaders among the Democrats hailed the passage of the Senate health “reform” bill as a Christmas gift to the American people. That’s about the equivalent of trying to convince the chief income earner(s) in a home that the real gift of Christmas for them is the increased balance on the credit card (or the reduced balance of their checking and/or saving’s accounts) rather than the presents they got.

In response to the news that the bill had finally passed my wife had a great idea for a real gift that the Senate could give us for Christmas some year (besides repealing that bill). If they have the authority to mandate that we buy insurance that opens up a world of possibilities. First and foremost her suggestion is that they should mandate that everyone in America should get an answering machine. Just imagine and end to:

Ring . . .

Ring . . .

Ring . . .

Ring . . .

Ring . . .

Ring . . .

Ring . . .

Ring . . .

The person you are calling is not available. *click*

I’m quite confident that universal telephone answering machines would have a positive impact on interstate commerce.

Tags Christmas, funny, Harry Reid, health care, Laura, legislation, money, Nancy Pelosi, Obama, unconstitutional

National

No Public Option, No Mandate

Post author By David
Post date December 17, 2009
33 Comments on No Public Option, No Mandate

Over at Fire Dog Lake, Jon Walker challenges those with the “we can fix it later” mentality (which may or may not include enough senators to pass this bill) to hold the individual mandate out of the bill as a hostage to ensure that Congress will have leverage to come back and replace all the things they have compromised away in this bill already.

Progressives should make the rallying cry of “no public option, no mandate” an unmovable demand, now and in the future. Progressives in Congress should refuse to support the individual mandate until it is accompanied by the government guarantee of a decent, cost-effective public health insurance option.

To me that sounds like killing two birds with one stone – we could get a bill without a public option as the Republicans have worked so hard to remove already and we could get a bill without an individual mandate which is the most serious infraction contained in the bill (more serious than the public option ever was).

I would be perfectly content, if the bill passes now without either of those provisions, to never come back and “fix the bill” (at least the way he is thinking of it). But I’d rather gain a temporary victory against the individual mandate and have to come fight against it again in the future, than have the individual mandate pass and face the prospect of having to try and reverse it later.

Tags connections, health care, issues, KVNU FTP, unconstitutional

culture National

The Dangers of a Crisis Mentality

Post author By David
Post date October 30, 2009
16 Comments on The Dangers of a Crisis Mentality

photo credit: paparutzi

Soon after the election last year in the Wall Street Journal, Gerald Seib wrote about the opportunity presented by the financial crisis for Barack Obama. Perhaps he was simply reacting to Rahm Emanuel’s statement that, “you never want a serious crisis to go to waste.” Seib summed up that perspective on crisis by saying that:

The thing about a crisis is that it creates a sense of urgency. Actions that once appeared optional suddenly seem essential.

That really captures the essence of a crisis mentality. Unfortunately it only looks at the silver lining while ignoring the cloud in front of it. The assumption is that we all can see the dangers of the crisis cloud. Unfortunately the only part of the crisis cloud that most people see is the front side – the possibility with any crisis that we will fail. The problem is that right in front of the silver lining he spoke of there is the hidden backside of the crisis cloud which we conveniently forget.

Because of the sense of urgency that tends to accompany a crisis we not only begin to view once optional courses of action as essential, in many cases we go beyond that and begin to view once forbidden courses of action as excusable.

Tags change congress, Elevated, government, health care, issues, liberty, Obama, unconstitutional, Wall Street Journal

National State

Two Good Ideas in One Bad Bill

Post author By David
Post date October 19, 2009
No Comments on Two Good Ideas in One Bad Bill

It’s back – the bill that just won’t die. Let’s first explain why this is such a bad bill that I never pass up an opportunity to oppose it. First, it’s unconstitutional and both sides are compromising the integrity of their ideals in order to produce this bad bill. Second, this is an example of governing by exception which is a long-term recipe for disaster. Having only states be represented in Congress is good, except that we want to treat D.C. more like a state. The current census apportionment process is good, except that Utah felt bad about not getting an extra seat on a technical sliver. Long-term the only people who come out ahead when governing by exception are the exploiters who prefer to live in loopholes rather than being ensnared by the system that they are taking advantage of. These are the same people who rarely if ever actually contribute anything to the society in return for playing the leeches role.

There are two very good ideas in this bill which should be pursued without compromise. The first is giving D.C. a voting representative in the House. Any citizen who is subject to the same federal tax laws as the citizens of the states should have a voting representative in Congress – as far as I know that is only D.C. but that rule would apply to any citizen who did not live in a state whether we started taxing American Samoa or Puerto Rico the same as we do for the 50 states. The privilege of representation in the House should be based on the responsibility to pay taxes because taxation is the primary responsibility of the House. Representation in the Senate should be a privilege limited to full statehood.

The second good idea in the bill is the expansion of the House. This should be much more than two seats. In fact what we need is a bill (probably an amendment) that defines the size of the House as a function of population by setting the maximum number of citizens that a Representative in the House may represent. While I would argue that the size of the house should be multiples of its current size even setting such a ration to such an unmanageable number as 500,000 citizens per representative would be an improvement over this static “435 seats in the House” that we have currently. (That would add somewhere near 100 new representatives – as opposed to the paltry 2 being proposed in this bill.)

While I am not a fan of legislative manipulation tactics (such as the NRA killing the bill previously by attaching an amendment that would curtail the gun laws in D.C.) I have to say that it is better to prevent a law from passing using such tactics than it is to enact a law using such tactics (such as slipping the bill into a “must pass” defense appropriations bill as they are talking about trying now).

The fact that the people pushing this bill have not even proposed an amendment to give D.C. the voting representative they deserve demonstrates that they are more interested int he power grab than they are in actually helping the people of D.C. If they were serious about the issue they would at least be making that kind of proposal even if they also pursued this unconstitutional path.

Tags Deseret News, fourth seat, issues, legislation, unconstitutional, voting

culture

News on the Honduran Coup

Post author By David
Post date June 30, 2009
13 Comments on News on the Honduran Coup

When I first heard about the military coup in Honduras I noticed some reference to the extra-constitutional activities of the ousted president and the attempts by their legislative and judicial branches to check his actions. Soon however I noticed a shift in the news coverage as a party line began to develop. First Hugo Chavez was condemning the coup and then others joined the chorus – including the U.S. Soon the news coverage had been dumbed down to exclude any mention of the real reasons for the coup while focusing on the ideal that “there should be no military coups in the modern world.” (That came from an analyst on NPR.)

[quote]I began to wonder what to do or say as I began to feel that we were being misled but feeling powerless to say anything meaningful because I don’t consider myself to have any expertise on Honduras. Thankfully today I stumbled onto a good analysis at NO QUARTER by Larry Johnson. (Warning – there is one instance of Language I Would Never Use™ in the article.)

Johnson reminds readers of the facts of the case:

For starters the ousted President, Zelaya, had become close buddies with Chavez of Venezuela and was pushing to over turn the Honduran Constitution that limited Presidents to one term. This was not your typical military coup. This had the backing of the legislature and the judiciary. But Zelaya is doing a good job of playing the victim.

My first reaction had been that the United States should not get involved but after reading Johnson’s recommendation that the U.S. needs to engage [quote1]I would clarify my position to say that the U.S. should not get involved internally in Honduras, but that we should also make it very clear that expect others (Chavez and cronies) to not meddle internally in Honduras either. The Hondurans started this on their own and should be allowed to finish it on their own. The only way that any other nation should be involved is if the Honduran’s clearly seek that external assistance.

I was impressed with how accurate Johnson’s assessment seemed to be (and it seemed very consistent with the perceptions of some other people I know who have firsthand experience of living in Honduras), but perhaps I should not be surprised considering that he has intelligence experience specifically in Honduras:

I was the Honduran analyst at the CIA from 1986 thru 1989. I also lived in Honduras running a community development in the campo back in 1978.

Tags current events, Honduras, international, media, military, NPR, unconstitutional

National State

Second Amendment Victory

My appreciation for the second amendment just went up another notch. Opponents of gun ownership rights like to argue that guns kill people (for that matter so do hands, cars, T-bone steaks, and many other things) but they never mentioned that gun rights could also kill an illegal house seat for D.C.:

Fights over gun control in Washington, D.C., may have killed for the year a bill that would give Utah a fourth U.S. House seat and give D.C. a House seat with full voting rights.

House Majority Leader Steny Hoyer, D-Md., delivered that message in his weekly briefing for reporters on Tuesday

Apparently leaders in D.C. would rather keep very strict gun control laws than gain an unconstitutional voting seat in the House. If they want to now pursue a path to full House representation that does not sidestep the Constitution I’ll sign the petition at the first opportunity. Residents of D.C. deserve voting congressional representation as much as anyone else, but that does not justify ignoring the fundamental law of the land.

I still can’t believe that 80% of Utah’s congressional delegation fell for this Washington parlor trick. If the bill comes up again in 2010 I hope they will be smart enough to reject it since Utah would only have 1 possible year of representation before we would get another seat anyway (regardless of what Orrin Hatch would tell you about possibly missing it again).

Tags Bill of Rights, Deseret News, fourth seat, Orrin Hatch, unconstitutional, Utah

National

GM Surprise (or not)

Back at the end of March David Brooks made a prediction for GM in the New York Times that came due today. I have been waiting to check in on that. He started with this background of the situation as it stood that day:

The Bush advisers decided in December that bankruptcy without preparation would be a disaster. They decided what all administrations decide — that the best time for a bankruptcy filing is a few months from now, and it always will be. In the meantime, restructuring would continue, federally subsidized.

Today, G.M. and Chrysler have once again come up with restructuring plans. By an amazing coincidence, the plans are again insufficient. In an extremely precedented move, the Obama administration has decided that the best time for possible bankruptcy is — a few months from now. The restructuring will continue.

But this, President Obama declares, is G.M.’s last chance. Honestly. Really.

No kidding.

With that background, Mr. Brooks’ reactions was this:

The most likely outcome, sad to say, is some semiserious restructuring plan, with or without court involvement, to be followed by long-term government intervention and backdoor subsidies forever.

Looking at the relevant news today (also from the New York Times) we find that the result is a restructuring plan with court involvement and long-term government intervention including continuing subsidies – initially at least the subsidies are anything but backdoor.

American taxpayers will invest an additional $30 billion in the company, atop $20 billion already spent just to keep it solvent as the company bled cash as quickly as Washington could inject it.

The imagery is all too apropos – like Fannie, Freddie, AIG, and the economy in general GM is and has been addicted to shooting up with public money to feel like a real free-market enterprise. Conveniently too many of our elected leaders are equally addicted to intervening in the markets in order to feel like they are performing a real job for the American tax payer.

Mr. Brooks called the President the “Car Dealer in Chief” in his predictive essay, and now that is more true than before:

Mr. Obama is taking several risks under the plan. None may be bigger than the decision that the United States government will take a 60 percent share of the stock in a new G.M., leaving taxpayers vulnerable if the overhaul is not successful. (Canada, for its part, is taking a 12 percent stake.)

“We don’t think that after this next $30 billion, they will need more money,” one senior administration official said. “But the fact is there are things you don’t know — like when the car market will come back, and how much Toyota and Honda and Volkswagen will benefit from the chaos.”

This is G.M.’s last chance. Honestly. Really. We hope.

Tags bailout, economics, government, money, New York Times, Obama, unconstitutional

National

Federalist No. 85

In the last of the Federalist papers, Federalist No. 85, Hamilton concludes by arguing that the preceding papers should demonstrate that the proposed constitution is fundamentally sound, and that it should be ratified regardless of any few faults or reservations that people might have because revision prior to ratification would be more difficult than amendment after ratification.

In making his argument Hamilton made reference to Article V. In light of a recent discussion where Connor argued the potential dangers of a modern constitutional convention I read through Article V again. While there is always the possibility of people organizing their efforts to remake the government the dangers that Conner discusses are in excess of the provisions of Article V. If such a convention were called it under Article V it could do no more than propose amendments to the existing Constitution. Once such a proposal (or proposals) is made the ratification process is the same as for amendments proposed in Congress – they would need to be ratified by ¾ of the state legislatures. Such amendments are also limited in that they cannot propose to deprive any state of equal suffrage or representation in the senate without the consent of that state.

Based on the words of Article V as well as my resolute faith in the principle of agency I no longer have any shred of discomfort with the idea of a modern constitutional convention. The outcome of such a gathering would either be illegal or have limited impact. The risks posed by a legal Article V convention are no greater than the risks we face from Congress every day. As for the risks posed by an unrestrained (illegal) convention – we face those risks from Congress every day as well.

Tags change congress, connections, Constitution, documents, federalist, history, unconstitutional

National

Looking Back

It was interesting to read what Glen Warchol relates today about the first anniverarly of the Texas FLDS raid. Glen gives us the statistics one year later and it is almost identical to what what known weeks before any of the children were returned to their homes. I hope we don’t see such a massive injustice being carried out by the police again – but we probably will even if the FLDS are not the target.

Tags FLDS, government, history, rights, Texas, unconstitutional