Wednesday, September 10, 2008
Jonathan Freedland, The Guardian, U.K.
Yes, we Americans are about to elect John McCain & Sarah Palin.
Thank God!
Barack Hussein Obama is not running for President of the World.
Please keep your pig-headed ideas out of our election. We yankees do not want to be anything like you people in the old, decrepit world which neither produces or accomplishes anything. And then when you get in a pickle you hide and wait for us to come pull your collective chestnuts out of the fire.Your socialist/communist day has passed.
Get the hell out of our way or be rolled over!
Monday, September 08, 2008
It's 3 A.M.--Who is Your President?
Thursday, September 04, 2008
Monday, August 25, 2008
Thinking Can Be Taxing
The rub is that he really knows that I am technically correct, but that to admit so would begin unraveling a huge quilt leading to the undoing of 50 years of progressive chinks (chunks) in the Constitution. The result would be a federal government about 10% of its current size and power. The States’ power would thus grow proportionally. And it’s much easier to control one capital than it is fifty. Also, under this scenario the importance of Presidential, Congressional and Senatorial races would be greatly diminished. The importance of which party controls the federal government is likewise less critical. There would be very little mischief for them to meddle in and much less damage that they could do to our pocketbooks and our freedoms.
What we are rapidly approaching is a return to simple democratic majority rule, which is of course tyranny of the majority over the minority. Since we have strayed so far from the actual text of the Constitution it has become almost meaningless to many politicians. Why not just take out a lighter and finish the job? Without our constitutional moorings the federal government is free to do anything it pleases without repercussion. That is why it does matter so much these days which party is in power and why these national elections matter so much. Conservatives tend to meddle less than liberals in our pocketbooks and freedoms, but it would be far better to remove the ability and temptation altogether.
Let’s return to the actual Constitution as it is written. And at the same time return to the constitutionally required flat-tax rate for all citizens equally under the law; or just pass a Constitutional amendment to institute a national sales tax (not a V.A.T.).
Barack Hussein Obama/Biden
Tuesday, August 19, 2008
Boss, I Demand a Raise!
Monday, August 18, 2008
Obama Bumper Snickers
Monk for McCain
No Change, Never
OCD’s Against Obama:
Because Change is Just Too Scary
Because Change is, Well, Change
Anything but Change
Because Change is Too Unpredictable
Why Would Anyone Ever Change?
Because Change Changes Things
Change is Just Too Much to Bear
Monday, August 11, 2008
The Stated Case for the States
Friday, August 01, 2008
Krispy Kreme Krusade
Monday, July 14, 2008
Don't Shoot Until You See the Whites of Their Eyes
Wednesday, July 09, 2008
It's a Mad, Mad, Mad, Mad World
Tuesday, July 08, 2008
Double-Talk
Monday, July 07, 2008
The Right Rights
Tuesday, June 24, 2008
It's a Race Race!
Monday, June 16, 2008
The Tiger Roars!
Friday, June 13, 2008
Rein in the Robed Renegades!
"U.S. Constitution - Article 3 Section 2
Article 3 - The Judicial Branch
Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction In all the other Cases before mentioned, the supreme Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
Thursday, June 05, 2008
Bumper Snicker
--John Hussein McBama '08
Wednesday, June 04, 2008
Neophyte Neo-Commie
Thursday, May 22, 2008
Subsidize This!
Tuesday, May 20, 2008
Welcome DNC!
Friday, May 16, 2008
Thursday, May 15, 2008
Staying Alive
Oil, Oil Everywhere and Not a Drop to Refine
- Begin drilling in ANWR, off the East and West coasts, in the Gulf of Mexico and anywhere else around the country there is oil or oil-shale.
- Start building refineries.
- Begin extracting payments from Afghanistan, Iraq and Kuwait in oil for the cost of us pulling their chestnuts out of the fire.
- Demand that Mexico send us one barrel of oil every day/week/month (you pick) for every illegal Mexican alien in the United States (about 20 million). This will help defray the costs foisted on the American people to take care of these illegals. If Mexico refuses send in the 82nd Airborne and take it.
Monday, May 12, 2008
Think About It
- Why is there so much misery and poverty in fertile, resource-laden countries around the world?
- Bad Government Ideas
- Bad Economic Ideas
- Bad Religious Ideas
- The only reason that one person or people-group can be angry with another person or people-group is if they will do not what you want them to do, won't stop doing something you want them to stop doing, won't think/believe what you want them to think/believe or won't stop thinking/believing something you want them to stop thinking/believing.
Monday, May 05, 2008
Playing Chicken With Oil
Tuesday, April 08, 2008
Separation of School & State --Selwyn Duke
Tuesday, April 01, 2008
Prescription for Disaster
Monday, March 31, 2008
S.O.S. from the U.S. Constitution!
Wednesday, March 19, 2008
P.T. Barnum Call Your Office
Friday, March 14, 2008
Schoolyard Bullies
Tuesday, March 11, 2008
Like a Dimestore Lawyer
Dedicated to personal injury lawyers, trial lawyers and class action lawyers...
I've been walkin' these halls so long
Singin' the same old song
I know every crack in these dirty hallways and courtrooms
Where hustle's the name of the game
And nice guys get washed away like the snow and the rain
There's been a load of compromisin'
On the road to my horizon
But I'm gonna be where the lights are shinin' on me
Like a dimestore lawyer
Riding out on a Caddy in a star-spangled legal show
Like a dimestore lawyer
Getting checks and letters from people I don't even know
Settlement offers comin' over the phone
Well, I really don't mind the strain
And a frown can fake all the pain
But you're down when you're tryin' the claim that's takin' the long way
And I dream of the things I'll do
With a subpoena and a cervical collar tucked inside my shoe
There'll be a load of compromisin'
On the road to my horizon
But I'm gonna be where the lights are shinin' on me
Like a dimestore lawyer
Riding out on a Caddy in a star-spangled legal show
Dimestore lawyer
Gettin' checks and letters from people I don't even know
Settlement offers comin' over the phone
Like a dimestore lawyer
Riding out on a Caddy in a star-spangled legal show
(FADE)
Like a dimestore lawyer
Gettin' checks and letters from people I don't even know
Wednesday, March 05, 2008
Doing the Luddite Lindy
Saturday, March 01, 2008
The Meaning of Life
Friday, February 29, 2008
William F. Buckley, Jr. RIP
Wednesday, February 20, 2008
It's None of Your Business!
- Provide jobs and benefits for people
- Make the best product possible
- Generate a profit for the owners
- Collect taxes for the government
- Boost the country's economy
- Provide products/services for customers
What is the one best answer?
Comrade Chairperson Hillary's Healthcare Highwaymen
Shuffling noises inside, door opens.
Mr. Workerbee, “Hi, can I help you?”
Agent #1, “Good morning and greetings from your federal government wealthy contributor.”
Mr. W., “Well, I don’t know about the wealthy part. I work for Home Depot, my wife is a school teacher and we have four children. And why are you wearing sidearms?”
Agent #2, “Pay no attention to the guns, they are for your protection citizen. Now trust me, you are wealthy. We are here to collect your contribution for your neighbor’s hip replacement. Mrs. Hap E. Retiree down the street is tired of maneuvering her government-supplied Hoveround power chair around the Cripple Creek casinos and would like a new hip. Could you please get your checkbook.”
Mr. W., “Wait a minute. Why should I pay for her hip replacement? I have four hungry kids to feed. If I contribute to her surgery that’s less milk that I can buy for my family.”
Agent #1, “No problem. When we talk to her we will collect voluntary federal milk program contribution. But I am troubled by your lack of compassion for fellow American.”
Mr. W., “Why can’t she buy private health insurance to cover these things? People who want to participate pay premiums and in return they get benefits. If you don’t want to pay you don’t have to, and you don’t get the benefits either. You take care of your own health needs. It’s a voluntary choice.”
Agent #2, “Sir, you try our patience. If Mrs. Retiree had to pay premiums herself she would have less money to double-down on split 10’s. You have no respect for our venerable senior citizens.”
Mr. W., “Where does the constitutional authority for this program come from?”
Agent #1, “Um, er it comes from the, um new healthcare amendment.”
Mr. W., “I don’t recall hearing of any such amendment.”
Agent #2, “It’s the Smith & Wesson Amendment. You ask too many questions. Now write the check or we go talk to your employer.”
Sounds of hurried scribbling of pen on paper with sound of cold steel locking and loading in background.
Agent #1, (smiling broadly) “Your government and neighbor thank you for your compassionate voluntary contribution. Now please get to work. I will be needing colonoscopy soon.”
Door slams.
Wednesday, February 13, 2008
Government, Mend Thyself?
Undoubtedly the sad state of education over the last 50 years, whether accidental or intentional has led to a pervasive misunderstanding of our nation’s history and governmental structure. While the progression of our founding started with settlements which became colonies which became states which begat the federal government, many people don’t really understand this. I think that there is a belief amongst too many that the states are merely subunits and extensions of the federal government. Nothing could be further from the truth. The states created the federal government to serve them. In fact, the states had to have individual state constitutions before they could draft a federal constitution. The federal government is actually subservient to the states. Well, at least it was originally intended to be that way. That is why U.S. Senators were originally elected by the states, not the people. The President is actually the President of the United States of America, not the people directly. This explains the existence of the Electoral College. The people elect their respective states’ slate of Presidential Electors who meet and select the President. They usually vote the wishes of the people of their state, but are not bound to and on occasion have not. The President, and originally the Senate represented the states, not the people of the country at-large. Truth be told, the election of the President should be a relatively minor event. Given the President’s relatively minor role in the day-to-day running of the federal government, the things that really impact the average citizen’s life on a daily basis; I am amazed at how much time, money and attention is focused on that one election. It’s the state elections that should really be the battleground since the states wield most of the power in the country. After state elections the election of federal Representatives should occupy more of the people’s interest. After all, the House of Representatives was designed to be the People’s House. That is why tax and spending bills must originate there. It is the people’s balance to the states’ representation.
A strict reading of the Constitution and Bill of Rights is a sobering and eye-opening experience. You can’t read those documents and fail to come to the conclusion that probably 80% or more of the meddling of the federal government is simply unauthorized and furthermore expressly prohibited. The Ninth and Tenth Amendments are the most ignored tenets of the lot, while the Fourteenth is one of the most misinterpreted and misapplied. The Founding Fathers had a strong fear of powerful centralized government, a la King George (no, not Washington). Thus, these amendments stipulate that powers not specifically granted to the federal government are reserved to the states and the people. Today it seems that the federal government has the position that it holds all power and grants some limited power at times to the states, and none to the people. And the band played The World Turned Upside Down. For example, look at the metastatic bastardization of the infamous Interstate Commerce Clause. This innocuous little passage has been twisted so as to give cover to the Feds to regulate virtually anything and everything on a whim. The Founders realized that every future situation could not be addressed at the time of the writing of the Constitution so methods of amending it were written into the document. That process has been utilized 26 times since ratification. Sadly, the various branches of the federal government have taken it upon themselves to simply ignore these established legal procedures and in effect ‘amend’ the Constitution anytime following its edicts becomes obstructive to their agendas. The recent Kelo Supreme Court decision granting eminent domain authority for private rather than public use is perhaps the most egregious example of adverse illegal ‘constitutional amendment’ in memory. The protection of private property was a central motivation for the establishment of our nation and the Constitution. I sincerely believe that the five justices who voted in favor of Kelo committed an impeachable offense and rightly should have been impeached and removed from the bench.
So what are we suffering masses to do? Well, I see several possible responses.
The simplest and by default the current state of affairs is to do nothing and tolerate whatever abuse we are handed. This is the response of ignorance and apathy. By taking this course of inaction we will have effectively repealed our Constitution and become a nation ruled by the whim of the government. All of our rights and protections will be null and void for all practical purposes. The federal government will be free to take whatever it wants at any time and to regulate any and every aspect of our lives. This would usher in creeping socialization of many aspects of our lives and ever-increasing taxes and regulations. Productivity will invariably falter and businesses will begin to move off-shore and overseas, with resultant loss of jobs and shrinking tax base. As more and more illegal aliens pour across our non-existent borders, the strain on social services and the shrinking tax base will be disastrous for the economy. The preeminence of the United States on the world stage will decline to no more than the level of the decrepit European socialist states, producing little and providing no incentive to its citizens to achieve more than long vacations and short work weeks.
Another solution that is widely discussed by those actually concerned about our current course is that of trying to recruit and elect better politicians to national office. On the surface it sounds promising but history does not bode well for this fix. We have been doing just this for over 200 years and I believe that the situation is growing worse at an ever-accelerating pace. Even if we can somehow get ‘better’ people to Washington, most of them are devoured by the inside-the-beltway culture and overrun by the perpetual bureaucracy within a short time. This is one argument against term limits. That process does not address the underlying problem of bureaucratic indoctrination. While bad politicians may be thrown out, good ones are given the boot as well. Then, nothing protects newly elected replacements from being quickly corrupted. On first blush I believe that the idea of somehow getter ‘better’ people to Washington is, by itself a very dubious proposition. Keeping them ‘better’ for any period of time in that D.C. cesspool is virtually impossible. The dirty little secret is that so much of our federal government has become entrenched as self-fulfilling bureaucratic behemoths. These agencies and programs have lives of their own that exist for decades as administrations, political parties and legislators come and go. They are not affected by the prevailing political tilt of the day. They are not changed by the politicians, but rather they shape and mold the politicians to suit their ongoing needs. The bureaucrats that run these agencies and programs control huge budgets and will be in their positions long after the President and Congress change hands. They wield great influence over the legislators. By convincing the legislators to perpetuate the bureaucratic status quo, theses bureaucrats provide the illusion of great power and influence via the power of the purse to the egotistical legislators. Furthermore, legislators themselves soon become focused on their own political survival and obtaining territorial power rather than doing what is right for the country and the people that they ostensibly represent. They are unlikely to pass reform that refocuses the federal government on its rather limited constitutional responsibility and turn power (and money) back to the states and the people. Human nature being what it is they are much more inclined to seek to broaden their power and influence, not limit it. Why would they voluntarily relegate themselves to the political sideline and give the States the limelight?
So what legal recourse do ‘We the People’ have over the various branches of the federal government to hold them accountable to the Constitution? They have demonstrated repeatedly that the concept of the balance of power between the three branches has broken down. It has become an unholy triumvirate. Each enables the others so that they will in turn be enabled. With a wink and a nod they turn a blind eye to the abuses of one branch, knowing full well that branch will do the same for them. In this way, each is assured of being able to ram through its unconstitutional agenda unencumbered by any fear of checks and balances. When the police will not police the police, what are we to do? If we sue one of the branches of government for its perceived illegal activity, the case will ultimately wind up before the U.S. Supreme Court, one of the parties to the scam. How can we get justice? The fix is in. What are the penalties for a branch of the federal government violating the Constitution? It is the supreme law of the land, right? Can and would the states step up to the plate and take action? But what action? Some have put forth the idea that county sheriffs evict federal agencies from offices and buildings within their respective counties. We could defund the federal government by withholding federal income tax payments. This would be a gargantuan undertaking given that approximately 95% of income taxes are withheld from paychecks. The cooperation of businesses big and small across the country would be required and probably very difficult to secure. How about a Constitutional Convention to draft amendments to provide enforcement power and real legal sanctions against unconstitutional activity by any of the three federal branches? Do the States have the chutzpah to pull that off?
Could an armed rebellion against the federal government ever occur again here? Texas retains the right to actually legally secede from the United States and factions there have discussed that possibility. How seriously and widespread is anyone’s guess. For historical reference the opening passages of the Declaration of Independence lay out the reasons for the Colonies forceful separation from Great Britain. Similar justifications would certainly be required to convince the world and our citizens of the necessity for such drastic action, following long suffering and other peaceful attempts to redress grievances. While I am not advocating a violent overthrow of our federal government, history teaches that this is a common end to governments gone awry, even to this day. What this nation would look like after such a conflagration and depending upon what faction prevails would be anybody’s guess. The outcome would probably have a lot to do with which side the military allies, which is why many of these coup d’etats are led by generals and result in military dictatorial governments. The interesting twist in this instance is that no new Constitution would need to be drafted. The current constitution would simply be enforced and the government reconstituted according to its specific dictates. In essence, a return to normalcy. A return to the federal government that we used to have and should have. Simply put a civil war to ‘throw the bums out.’ Hopefully, we would get getter bums. We might need a few correctly enacted Constitutional Amendments to avert future similar diversions. One I can think of is William F. Buckley, Jr’s., ‘there are no penumbras or emanations.’
“Is anybody there? Does anybody care? Does anybody see what I see?”
Tuesday, February 12, 2008
Dear, I Think We're Lost...
Senator Salazar, Esq. to the Rescue!?
Greetings Senator (Ken) Salazar, D-Colorado;
Thank you for responding to my question about federal healthcare programs. Out of all of the people I contacted you are the only one to take time to write back. My question went to the root of the constitutional authority for the federal government to implement, run or oversee such programs, whether ‘mandatory’ (such as Medicare) or voluntary. From your letter it seems that you look to the Preamble to empower the federal government in these programs.
“Congress has the right to provide for the general welfare of the people whom they serve and it is clear that the general welfare of children lacking health care coverage is significantly and negatively affected.” -Senator Ken Salazar, January 17, 2008
Is that what they teach in law school classes on constitutional law in Michigan? That the Preamble empowers Congress? Under that theory there would need be no additional substance to the Constitution. The Preamble would empower Congress to do anything it wants relative to the ‘general welfare.’ How convenient. But there is much more to the Constitution than the Preamble. Why so? Perhaps because most (nay, all) constitutional scholars maintain that the Preamble is merely a statement of purpose, an explanation of why the constitution is being offered. It is a prelude to the actual empowering language that is to follow. It authorizes and empowers not a wit. Congress’ powers reside and are limited to Article 2, Section 8.
Pre-am-ble: noun: an introductory statement (as to a contract); especially: the introductory part of a constitution or statute that usually states the reasons for and intent of the law. Note: While preambles do not state law and therefore are not judicially enforceable, they are used to determine legislative intent when interpreting statutes. –Merriam-Webster’s Dictionary of Law
So, upon perusal of Article 2, Section 8 I am still at a loss to find any empowering language for federal healthcare programs. Can you possibly further instruct?
Don't Argue with One Who Commands Lightening
Kooks Unite!
Friday, February 08, 2008
Tradition!
Thursday, February 07, 2008
National Conservative Party
Who's Your Daddy?
Wednesday, February 06, 2008
McCain=McNasty=Perot=NUTS!
Thursday, January 31, 2008
Cheshire Cat
Wednesday, January 30, 2008
Sit Down John!
Sit down John,
For God's sake John, sit down!
John you're a bore,
We've heard this before;
Now for God's sake John,
Sit Down!
(1776)
Bite of the Night
Tuesday, January 29, 2008
The Goose that Laid the Golden Egg
The solution is two-pronged. First, why should governments be in the business of giving tax dollar subsidies to such private organizations? These governments lament that they are chronically short of funds and many run regular deficits. Why not cut out these gifts? Secondly, I believe that private organizations should seriously consider refusing any government handouts. They should live within the means provided privately by citizens who truly support their causes, not those coerced into 'donating' their tax dollars by the government. Furthermore, why should non-profit organizations operate in a tax-free status with regard to say property and sales taxes? Again, along with such gifts can come undesirable constraints imposed by those bestowing the gifts. If we did away with the tax breaks and government subsidies perhaps taxes could be lowered for all thus giving people more money in their wallets to then donate to the charities that they personally support. It would also be a much simpler and more direct system, providing more net funds to the receiving organizations. When government collects taxes and then doles out gifts there is a steep administrative cost that reduces the amount that is ultimately handed out. Cut out the middleman!
The principle at issue here is a launching pad for a much broader discussion of how and why governments treat people and organizations differently. In a nation founded on the idea that all men are created equal, we have certainly come to a place where some men are treated more equally than others. We have government dictated hiring practices that require special consideration be given to certain sexes and ethnic groups. People with different income levels are taxed at different rates. Some businesses and industries are given government subsidies, tax breaks and protection from imports. People who commit 'hate crimes' are treated more harshly than people who merely commit what I suppose are 'love crimes.' And the list goes on. Doesn't the Fourteenth Amendment guarantee all U.S. citizens the equal protection of the laws? Apparently not.
Friday, January 25, 2008
It's mine, no it's mine. No, Mine. MINE!
The people can amend the Constitution; not the President, not the Supreme Court (though heaven knows they in essence have), not the Congress alone. The people created the federal governement and set the constraints, the boundaries within which it must operate and not stray beyond. The people hold all of the power and granted the federal government a small, limited slice of that power for the collective good of all people. They then set a fence around the federal government. Power does not flow from Washington to the people, but rather from the people to Washington.
The rights of the people set out and protected in the Constitution came from God and the natural state of human freedom, not from the federal government. It is not the role of government to confer rights upon people but rather to protect the rights that the people already enjoy. It is the people who tell the federal government what rights it has, not the reverse. And the people can change those rights bestowed upon the government, but the government cannot alter the inalienable rights of the people.
It is not the role of the federal government to interpret the meaning of the Constitution to the people. The people, who wrote the Constitution can interpret it for themselves and to the government. No government entity, particularly the Supreme Court is the final arbiter of what the Constitution says and means.
The challenge for the people is enforcing the Constitution upon the federal government. The various branches and institutions have shown that they clearly have no compunction about flagrantly violating the letter and intent of it. Sadly though, while brazenly ignoring and violating the fundamental and supreme law of the land the very same government expects the people to obey every obscure and obtuse rule and regulation that it promulgates. And beyond the lengthy and difficult amendment process, the people have precious little power to force the government into compliance. After all, the government is the police power, not to mention the tax and spend power. If we try to sue the government we wind up in courts and before judges that are essentially representatives of the people that we are bringing suit against. They are all complicit and in league together, thus enabling and providing cover for the other branches of government. Where is justice?
The people need a sheriff.
Thursday, January 17, 2008
Sanity is not Statistical
--Anatole France
Frosty the Snowman
Monday, January 14, 2008
Last Person to Leave Please Turn Out the Lights
Wednesday, January 02, 2008
Constitutional Amendments
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."
Let's see, can the President amend the Constitution by Executive Order? No.
Can the Congress amend the Constitution by simple legislation? No.
Can the U.S. Supreme Court amend the Constitution? No.
Then who can amend the Constitution? Well what do you know, it's the States. I wonder why that might be...
Friday, December 28, 2007
Department of Education Responds
From: "Freid, Steve"
To: Subject: Response to Inquiry
Date: Tue, 18 Dec 2007 14:42:15 -0500
Dear Sir:
This is in response to your recent electronic message to the Secretary of Education. In your message, you write that "there is no authorizing language in the Constitution for a federal Department of Education, and thus [the Department] is truly illegal" and should be abolished. You further state that "[e]ducation is truly a local function." Thank you for writing to us.
This Department's web site at http://www.ed.gov/about/overview/fed/role.html contains an overview of the Federal role in education, which recognizes that "[e]ducation is primarily a State and local responsibility in the United States" and that "[i]t is States and communities, as well as public and private organizations of all kinds, that establish and schools and colleges, develop curricula, and determine requirements for enrollment and graduation." Because education is primarily the responsibility of State and local governments, the law establishing the Department of Education generally prohibits the Department from interpreting the laws it administers in a manner that would result in exercising "any direction, supervision, or control" over matters such as curriculum and the program of instruction in public elementary and secondary schools. 20 U.S.C. 3403(b).
The Department's web site also notes that the Department's current mission is to "promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access." The Department carries out this mission in two major ways--by playing "a leadership role in the ongoing national dialogue over how to improve the results of our education system for all students" and by administering Federal education programs. As you suggest in your message, there is no one provision in the Constitution that specifically authorizes the establishment of the Department of Education (or any other Federal Department for that matter). However, the Constitution does give Congress the power to lay and collect taxes and provide for the "general Welfare of the United States" (Article 1, Section 8, Clause 1) and "to make all Laws which shall be necessary and proper for carrying into Execution" the other powers enumerated in the Constitution (Article 1, Section 8, Clause 18). These provisions of the Constitution are consistent with the creation and role of the Department. I hope that this information is responsive to your concerns. Sincerely, Stephen H. Freid Assistant General Counsel Division of Elementary, Secondary and Adult Education Office of the General Counsel U.S. Department of Education
Greetings Mr. Freid,
Your explanation in the last paragraph of your note is clever but unconvincing. By your logic there is virtually nothing that the federal government cannot engage in. This is in direct conflict with the intent and words of the Founders in the Constitution. If a duty is not specifically authorized in the Constitution then the federal government is prohibited from engaging in that duty short of an actual amendment. That duty is then reserved to the States. Unfortunately the incorrect and expansive power that you cite has been growing exponentially over the last many decades and has led to a huge, bloated and dangerous federal behemoth. If the people cannot enforce the Constitution upon the federal government we are indeed doomed. The authorized powers of the federal government are specific and yes, quite limited. The true power resides with the States, which created the federal government in the first place. Our current federal government rules by fiat and fear, and is quite illegal and unconstitutional in most actions.
God save the people.
Warmest regards,
December 28, 2007
Thursday, December 06, 2007
"Who says A must say B." --WFB,Jr.
Friday, November 30, 2007
Constitutional Fundamentalists?
Broken Promises
For example, Education Secretary Margaret Spellings was recently interviewed by Human Events reporter Terence Jeffrey, as reported in the November, 2007 edition of Imprimis. “ Mr. Jeffrey asked her is she could ‘point to language in the Constitution that authorized the federal government to have a Department of Education.’ Her reply shows that she knew the bearing of the inquiry: ‘I think we had come to an understanding, at least, of the reality of Washington and the flat world, if you will, that the Department of Education was not going to be abolished, and we were going to invest in our nation’s neediest students.’ Mr. Jeffrey persisted: ‘It is one thing to say that the political reality is we are not going to abolish the federal Department of Education, but can you seriously point to where the Framers actually intended the Constitution to authorize a Department of Education?’ The Secretary replied: ‘I can’t point to it one way or the other. I’m not a constitutional scholar, but I’ll look into it for you, Terry.’ Mr. Jeffrey reports that he did not get his answer. This is the Secretary of Education Margaret Spellings, sworn to uphold the Constitution in the exercise of her office.”
Well, I’m no constitutional scholar either, but I can read it. The beauty of the document is that it is written so that nearly anyone can read and understand it. It means exactly what it says. Let me help you Madam Secretary, there is no authorizing language in the Constitution for a federal Department of Education, and thus your department is truly illegal, short of an amendment. And yes, it may some day be abolished, as it should. Education is truly a local function.
So, if the federal government is not required to abide by the letter of the Constitution are we the people required to abide by laws of the federal government when they exceed its constitutional authority? What power do we have to enforce the Constitution upon the federal government? All three branches are in it together. We can’t elect enough good people fast enough to make any substantive changes.
One if by land, two if by sea.
Monday, November 26, 2007
Follow the Yellow Brick Road
Taking the liberal tack is really the effortless, gutless choice. It requires no intellectual heavy lifting. As long as it feels right and you think that you are helping out the facts are irrelevant. Good intentions, not results are the yardstick for success. Just look at the War on Poverty beginning in the 1960's in the U.S.A. Before this war most black families were intact and pillars of family and faith. With progressive welfare policies and trillions of dollars we succeeded in decimating black society. Thousands of young black men have died in their youth, lying in pools of their own blood on inner-city streets. Millions of babies have been aborted and millions born into impoverished single-mother 'families.' Generations have been locked into this cycle of poverty, misery and death. But these facts don't sway the liberal mind. They meant to help and thought that they were, so they feel oh so good about themselves. The actual results be hanged. Maybe we just need more money and more time. Liberalism is so easy. As Ronald Reagan remarked, it's born of a good heart and a misguided mind. The liberal looks so glamorous in the beginning, but the conservative is not vindicated until the end when no one is watching and no one remembers the liberal way back at the start. The liberal has since moved on to the next popular issue.
So, signing the Kyoto Protocols on global warming and pulling out of Iraq are now the top issues defining the Australian political scene. Well, that puts them in line with all of the other clueless, non-productive countries of the West. If the United States takes that tack next year who will be left to pull our collective chestnuts out of the fire when the insane Muslim throat slashers start pouring over our non-existent borders? Stalin couldn’t have hoped to pull this off so well. Without a shot being fired we go out with a whimper not a bang. Something about giving us enough rope. Ah well, just listen to the wizard and everything will be OK.
Wednesday, November 14, 2007
I Spy
Tuesday, November 06, 2007
Money for Nothin' and Chicks for Free
Monday, October 22, 2007
Clinton Kitty Caper
Monday, October 15, 2007
All Heil Harry (Reid)
Tuesday, October 09, 2007
Dear Doctor Dobson
With Liberty and Health Care For All
Well, first the simple truth. The elephant in the room that no one will notice is that under our Constitutional Republic (not the ‘true democracy’ to which she defers) the federal government has no constitutional power or authority to enact any federal health care or insurance system, mandatory or voluntary. No current Congressman, Senator or prospective Presidential candidate to whom I have made this point has been able to refute it. Short of a Constitutional Amendment such a program is a State prerogative. If our State’s constitution permits such a program then it should be proposed and debated in Denver, not D.C.
Second, socialism is just another name for collectivism which has been foisted upon the world in various forms including communism and fascism. It has never worked. It did not work that first harsh winter in Jamestown and it doesn’t work anywhere today. Socialism is merely the equal sharing of misery. Does she really want us to be more like decrepit, decaying Europe which produces nothing really, except laziness? The fact is most people of means who need specialized medical care come to the U.S.A from Mexico, Canada, Great Britain and most of the world. Most medications and medical treatments are the product of American research and development.
Finally, which successful federal government social program does she want to model this one after? You can hear the pin drop. There really aren’t any. These programs rapidly become bloated, inefficient and counter-productive to their original intent. Let’s leave the federal government to its true responsibilities of defending the borders, coining the money and building the roads on which to deliver the mail. I agree that we can make improvements in our health care delivery and insurance systems, but not the way that she has proposed.
Friday, September 21, 2007
Her Highness Hillary the Hilarious
- Since Hillary has fired the opening salvo by referring to Vice-President Cheney as Darth Vader, name-calling is now the order of the day. Jaba the Hut?
- If she is the Wicked Witch of the West, that would make Bill the general of the flying monkeys.
- How about Nurse Ratched?
- When will Norman Hsu turn up face down in Fort Marcy Park?
- KFC’s new meal combo: The Hillary Special: Two large thighs, two left wings and two small breasts.
Tuesday, September 18, 2007
Health (S)care
Full Disclosure
Thursday, August 30, 2007
Keep It Under Your Hat
The ability to fly in the United States is not a right, it is not enshrined in our Constitution or Bill of Rights.It is a privilege. Just like having a driver's license. With that privilege comes responsibilities and regulations. We who drive are subject to random sobriety check points. When we fly we are subject to searches. It is the price we pay for living in a dangerous world. Checking headwear is no different than being asked to remove coats and place them on the x-ray conveyor belts.With regard to racial or ethnic profiling, that is a time-tested method used by law enforcement for decades. Nearly 100% of all international terrorism is perpetrated by radical Islamic fundamentalists.We who fly have a reasonable expectation that the government and the airlines will use all reasonable methods at their disposal to ensure our safety. This practice is reasonable. I think your ire would be better received if it were directed at denouncing and rooting out those Islamic factions responsible for making this screening necessary in the first place.
Wednesday, August 29, 2007
What Do These People Want?
Which brings us to the question of 9/11. What do these people want? Surely they don't think they will forcefully overthrow the West. Do they believe that they can terrorize us into submission to their desires? Perhaps. But what desires. They are not yearning for individual freedom or Western culture or even wealth. In fact, they claim that these are the very things they vehemently oppose. To the point of suicide. So is this really all about fanatical Islamic militantism? The forcible establishment of universal worldwide Islam? Something seems fundamentally wrong about a religion that seeks to convert unbelievers by killing them. Are prayers prayed with a gun in one's ear really sincere? There is no obvious temporal, earthly benefit to those forcing such a culture upon the West, is there? No doubt they believe that a grand reward awaits them in the next life for fulfilling what they interpret to be Allah's wishes here on planet Earth. But the only thing they stand to gain before that next life begins is simply the raw exercise of power over another person.
Come to think of it though, over the centuries that has been the cause of scores of wars. So this current iteration is not really so different; just megalomania with a spiritual twist.
How, then; do peaceful, rational people deal with irrational murderers on a self-proclaimed religious jihad? Can you reason with someone willing to die for his wicked cause if he truly believes that he is headed for a grand reception in the sky? Probably not. Then what can we do to protect ourselves? First we do all that we can to educate and inform ourselves here at home. We must be vigilant and wise. We must protect our borders and admit immigrants only with scrutiny and caution. Every step must be taken to keep weapons and instruments of destruction out of the hands of those who mean us harm. A coordinated global effort to root out pockets of terror and hatred must be undertaken and sustained. These cells and breeding grounds of murder must be summarily destroyed whenever and wherever they are found. This effort will never end, just as our city police departments never close. Those who provide money, arms, training, food, shelter and safe-harbor to terrorists must be sternly dealt with. The cost of such complicity must be so high that it is absolutely unpalatable to those who do not share the suicidal zeal of the fanatics. We must continue to provide aid to those in need and pursue the peaceful spread of freedom.
Immigration
King for a Day
· Mandatory 2-year public service at graduation from high school or upon turning 18. It could be military or some other paid public service. Don’t tell me that we can’t order people around like that. We did it during the military draft. And we do it every day when we force people to pay mandatory taxes. My money IS my time. Most Americans work for the government through May each year to pay taxes before they can keep a penny for themselves. That’s 4-5 months of involuntary government servitude every year.
· Maybe property ownership to vote.
· Proof of basic civics knowledge to be allowed to vote.
· A 22% Federal Sales Tax, the ‘FairTax’ (NOT a V.A.T.) to replace the Income (Personal and Corporate) Tax, along with abolishing all Capital Gains Taxes and all Estate/Death/Inheritance/Gift Taxes.
· Outlawing all personal consumer credit other than one primary home mortgages for the sole purpose of the home purchase. No 2nd, 3rd home equity loans to finance cars or vacations to Hawaii. No car loans. No further credit card purchases or credit. Cards could still be used for purchases/travel, but only to the amount of cash in the personal bank account backing the card. Current credit payment contracts/rates would be locked and then after 7 years all unpaid balances would be forgiven with no tax implications.
Constitutional Amendments I Would Like to See
Abolish the Department of Education, no Federal funding of education
Enforce borders, deport illegal aliens immediately, no ID cards/Drivers licenses, no medical/education/welfare benefits (life or death emergency only pending deportation), no U.S. Citizenship for children of illegal aliens born on U.S. soil.
English as official and only language of Federal business
No Federal estate tax
No Federal capital gains tax
No Federal income tax on corporations
Abolish Federal Social Security
No Federal unemployment insurance or medical insurance/payment programs
The Interstate Commerce clause refers only to taxes levied by one State on real goods manufactured in another State and then sold in that State. It shall not be broadly interpreted and applied.
Personal income taxes shall be paid quarterly by the individual, not their employer. Move to the FairTax, a national sales tax, NOT a value added tax.
Federal personal taxes of all types, names and intended uses shall not exceed 10% of a person’s total yearly net income.
The powers and authorities of the Federal Government shall be strictly limited to the express and explicit enumerations contained within the Constitution, as amended.
There shall be no Federal Minimum Wage.
Enforce the Ninth and Tenth Amendments, and the First and Second. How about all of them?
There are no penumbras or emanations from the Constitution or Bill of Rights.
Capitalism
50 and Broke?
· Stick with your job; quit jumping from one to another. Get a second job evenings and weekends. Both of you. Put the kids to work. Put the dog to work
· Cut up the credit cards and pay cash for what you really need. Points are for suckers
· No more $4 cups of coffee, $100 sneakers or $3000 TV sets
· Cancel the newspaper and all magazine subscriptions
· Cancel the cable or satellite TV
· Cancel the satellite radio
· Don’t lease cars
· Quit buying new cars
· Quit buying new, big houses and financing them with ARM’s, Interest-Only Loans, and Minimum Payment/Negative Amortization Loans. Refinance now
· Snow skiing is too expensive
· You can’t afford to shop at Whole Foods
· Goodwill and The Salvation Army have great deals on almost-new designer clothing and home furnishings. Swallow your pride, put on some sunglasses and go shop
· No more movies, concerts or sporting events. No more $5 popcorn and $3 sodas
· Find your public library. It’s probably on the way to Barnes & Noble.
· If you have a home mortgage, car note or personal loan/credit card debt you have no business investing. Real investing is for people who fly private jets, drive Bentleys and carry more mad cash in their pockets than the net worth of the company you work for
· When you start having a little extra cash each month (what a concept, huh?) start putting a little into savings. The goal is 10% GROSS, remember?
· Start paying a little extra against the highest rate debt that you have. When that’s paid off just keep going down the list
· Don’t be proud, ask family if they can help (particularly the older ones, they have all the liquid cash)
· You do not have to hire the Ringling Brothers and Barnum & Bailey Circus for you kids’ birthdays. Birthdays and Christmas are great times for new shoes
· Great people have graduated from in-state public universities
· Kids do not have to be in a dozen after-school activities
· Monopoly and chess are much better ways to learn life lessons and thinking skills than Grand Theft Auto. Smart kids get scholarships
· Get rid of the cell phones. They do make emergency-only phones for teens. Cell phones are for investors
· No more fast-food and restaurants. Restaurants are where investors have lunch. Learn to actually cook; it’s fun and nutritious. And cheaper (remember, no shopping at Whole Foods)
· Malls are for people-watching, not shopping
· Massage parlors are not places that nice people go to
· You can do your own nails
· Vacations are for people who can really afford them (Hint)
· Quit running to the doctor every time you sneeze. You’re not really sick and you are driving the doctor crazy. Besides, generic cold medicine at the grocery store is much cheaper (Not Whole Foods)
· The terms ‘all natural’ and ‘organic’ are not in your vocabulary
· The Lottery is not a retirement plan. Quit buying tickets
Now shut up and get to work!
Tuesday, August 28, 2007
Declaration of Independence from Judicial Tyranny
The unanimous Declaration of the People of the United States of America
When in the Course of human events it becomes necessary for one people to dissolve the judicial bands which have connected them with the Federal Courts and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
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, Courts are instituted among Men, deriving their just powers from the consent of the governed,--That whenever any Form of Judiciary becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Courts, laying their foundation on such principles and organizing their powers in such form, as to them shall deem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Courts long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Courts, and to provide new Guards for their future security.—Such has been the patient sufferance of these Americans; and such is now the necessity which constrains them to alter their former Federal Judiciary. The history of the present Courts is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Judicial Tyranny over these States. To prove this, let Facts be submitted to a candid world.
They have conspired with State Courts in Florida to order the brutal torture and murder of mentally handicapped people.
They have denied the same Rights to unborn citizens that are ascribed to Citizens of these States.
They have ordered Legislatures to lay taxes and levies on the People without their consent.
They have illegally amended the Constitution in the Kelo case, eradicating the protection of private property by changing the original intent of public use to that of private use for eminent domain. (added August 28, 2007)
They have found non-existent Penumbras and Emanations from the original text and meaning of the Constitution and Bill of Rights.
They have misinterpreted and misapplied the Commerce Clause.
They have taken for themselves the exclusive right of Judicial Review, thereby usurping this authority from the Executive and Legislative branches.
They have made a mockery of the First Amendment, banning religious ceremonies and displays from all public discourse and failing to enforce the safeguards of Free Exercise.
They have permitted the squashing of Political Speech sixty days prior to an election.
The have systematically ignored the Ninth and Tenth Amendments.
They have intimidated the Senate so as to disallow simple votes on Presidential Judicial Nominees in violation of the intent of Advise and Consent.
They have brought Foreign Ideas and Principles into the adjudication of cases before them.
They have extended the Rights and Benefits of our Nation’s Laws to Aliens.
They have erected a multitude of lesser Courts, and sent hither swarms of Judges to harass our people and eat out their substance.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms; Our repeated Petitions have been answered only by repeated injury. A Judge, whose character is thus marked by every act which may define a Tyrant, is unfit to be the judge of a free people.
Nor have We been wanting in attentions to our legislative brethren. We have warned them from time to time of attempts by their Supremes to extend unwarrantable jurisdiction over us. We have reminded them of the circumstances of our Constitution and Bill of Rights. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and consanguinity. We must, there, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in Elections, in Peace Friends.
We, therefore, the People of the United States of America, in General Distress, Assembled across the land, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the Good People of these States, solemnly publish and declare, That these People are, and of Right ought to be Free and Independent from Judicial Tyranny, that they are Absolved from all Allegiance to the ersatz Federal Judiciary, that they have full Power to read and understand our Laws, engage in Contracts, correctly enforce the Commerce Clause, and to do all other Acts and Things which Independent Citizens may of right do.—And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
