Tuesday, June 30, 2015

Cruz Has the Solution

Let's face it:  the "Constitutional Amendment" route is foo-foo-dust.  It won't happen.  Thus, the Walker proposal is just that:  foo-foo-dust.  No surprise, as Walker is running as the 'credible moderate-rightist' candidate, which distinguishes him from Bush, Graham, Jindal, and certainly, The Donald, who is barely credible but a helluva lot of fun to watch.

Cruz, on the other hand, has an idea which WILL work:  strip the Federal Courts of authority on certain matters.

...Article III, Section 2, Clause 2 of the Constitution explicitly grants Congress the authority to regulate and limit the appellate jurisdiction of the Supreme Court....it is clear as day that Congress can banish the courts from specific issues and regulate the scope of their jurisdiction....

(The reaction of the State of Texas shows that Jindal's 'bend over and take it' position is a bit limp, too.)

Unlike the "amendment" solution, stripping the Fed Courts of jurisdiction is eminently do-able, and in a much shorter time-frame.  And as the linked essay demonstrates, there is urgency.  Lower courts are even more Leftist than SCOTUS and actually have more impact on the country.





Vos, 60% Man

The idea is that only itsy-bitsy public projects are exempt from artificial wage inflation.

Uh-huh.

Monday, June 29, 2015

John Chisholm, Stasi

Nice.

A December 2012 affidavit reveals that Milwaukee County prosecutors sought and received secret subpoenas or warrants to seize the email, phone, and text records of 17 people. The subpoenas and warrants were served on a multitude of Internet service providers and cellular phone providers, including AT&T, Google and Yahoo.

With the assistance of the service providers, investigators confiscated 19 months of communications, from Jan. 1, 2011 through July 31, 2012.

Maybe you were in communication with one of those 17?

Then you're in the Stasi's little black book.

Sunday, June 28, 2015

Scott, We Already Have This

We all know that calling for an amendment is pure bullshit politics.

Wisconsin Gov. Scott Walker (R) is calling for a Constitutional amendment to allow states to define marriage and strip the Supreme Court of its authority over the issue after the justices legalized same-sex marriage nationwide.

Aside from the BS factor, we already have the 10th Amendment, Scott.  States--like Wisconsin--should simply ignore SCOTUS.  You think that decrepit bunch is going to step up and MAKE us do something?

Better than either of those is an Article V convention of the States.  

Lincoln v. SCOTUS

Interesting historical information here, the gist of which is that SCOTUS really isn't all that 'supreme.' 

Neither Andy Jackson nor Abe Lincoln thought so, anyway.  This distinguishes them from Rubio, who has  rolled over on Obergefell, and Walker, who advocates for an Amendment (as though *that* will ever happen.)  Other (R) candidates have mumbled about amendments--they are also blowing foo-foo dust up your southern orifice. 

Better to treat the decision as erroneous and govern accordingly, following Lincoln.

...Jackson expressed what is known as the “departmental theory” of constitutional interpretation: i.e., that all three departments of the national government have an equal power to interpret the Constitution....

...Abraham Lincoln expressed the departmental principle in his first inaugural, denying that the Court’s interpretation of the Constitution in the Dred Scott case was the last word. Lincoln did not dispute that the Court’s decisions in particular cases must be obeyed, and he admitted that such decisions were “entitled to very high respect and consideration, in all parallel cases, by all other departments of the government.” Nevertheless, the political branches and ultimately the people still had a constitutional role to play. “The candid citizen must confess that if the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having, to that extent, practically resigned their government into the hands of that eminent tribunal.”

To that end, the Lincoln administration and Congress acted as if Dred Scott had been erroneous....

(Which it was, just as was Roe, SCOTUScare, and Obergefell.)

Things sat there, more or less, until Warren showed up.

...Under Chief Justice Earl Warren, the Court went on to ever bolder exercises of judicial power....The justices claimed that Marbury v. Madison had “declared the basic principle that the federal judiciary is supreme in its exposition of the law of the Constitution, and that principle has ever since been respected by this court and the country as a permanent and indispensable feature of our constitutional system.

Well, neither of those statements is true.  As shown above, Presidents (and Congresses, for that matter) had simply ignored SCOTUS when grave matters were at stake.  As to Marbury:

...In fact, Marbury was quite a modest decision, in which Marshall held that Congress could not extend the jurisdiction of the Court beyond what the Constitution had provided....

So we can infer that Marbury did not void the 10th Amendment, nor the 9th.  And we can further infer that Marbury did NOT authorize the Court to either legislate OR manufacture social policy.

For those who still think that The Supremes are "supreme," which is a legend in their own minds and that of their sycophant camp-followers and groupies,  I remind you of the absolute incoherence of Roberts, who on one day opined that the Court can and should legislate, and on the next day complained that the Court was legislating.   If that's what you consider 'supreme,' well, you'll get what's coming to you.

However, the next President should follow Lincoln.  Be nice, but ignore the stupid stuff.

Saturday, June 27, 2015

USCC, "Catholic" Health Ass'n: Thanks a Lot!

When USCC was first organized as the National Catholic Welfare Conference, it was a smaller player in charity, using Catholic money to "do good." 

But because it was headquartered in Washington DC, it acquired the social disease which infects most organizations (and lots of the people) living there.  As a result, the now-USCC and its offspring, including the "Catholic" Health Association and "Catholic" Relief Services are Big Players in Organizational Charity, paying officers hundreds of thousands of dollars annually, and having a hive or three of program directors, project managers, finance staffers, and general office-types.

That requires Large Dollars, which USCC (et al) have been taking from Uncle Sam, in larger and larger doses, since the 1960's.

And USCC (et. al.) have been strenuously advocating for Mo' Gummint.  In the case of the "Catholic" Health Ass'n, it has been both strenuous and utterly shameful.

Heads will not roll, of course.  The Establishment is the same no matter the party or denomination.

Anyhow, that has led one rather frustrated AOSHQ post.

...stop protecting people from the big government they support. Too many people who have spent years and decades advocating for bigger and bigger government have to be made to enjoy it as much as we have been.
For me it starts with the Catholic Church. They and any other church that discriminates against gay couples will find up being sued and forced to perform ceremonies or will lose their tax status.

My reaction: Oh well.

US bishops have spent decades advocating liberal big government programs (ObamaCare, as long as they are exempted and amnesty spring to mind) all while enjoying an exemption from its effects or sharing in the burden of the costs via their tax exemption.

Well they are going to get a taste of what they've been building and they aren't going to like it one bit. ...

He (later) includes synagogues and mosques in his program.  I would nominate every mainstream Prot church--the Methodists and some Lut'rans have been joined at the hip with USCC on this stuff, too.

Think that's a bit extreme?  I'm not so sure, and I'm Catholic.  On the one hand, the tax burden will fall onto the people in the pews, not the Bishops (or the Hives in DC.)  On the other hand, the cold slap of reality may, ah, *encourage* the Bishops to RIF about 90% of the staffers and move the HQ to South Dakota.

So it's a mixed blessing.

Friday, June 26, 2015

Scalia Unleashed

Other blogs have posted short, pithy, pull-quotes.  PowerLine goes a bit deeper into Scalia's dissent.

Happy for us!

...The five Justices who compose today’s majority are entirely comfortable concluding that every State violated the Constitution for all of the 135 years between the Fourteenth Amendment’s ratification and Massachusetts’ permitting of same-sex marriages in 2003. They have discovered in the Fourteenth Amendment a “fundamental right” overlooked by every person alive at the time of ratification, and almost everyone else in the time since. They see what lesser legal minds—minds like Thomas Cooley, John Marshall Harlan, Oliver Wendell Holmes, Jr., Learned Hand, Louis Brandeis, William Howard Taft, Benjamin Cardozo, Hugo Black, Felix Frankfurter, Robert Jackson, and Henry Friendly—could not.....

There's a proof of something about evolution and natural selection in that, no?

Then an exercise in turgidity from Kennedy, with exasperation growing from Scalia:

...Rights, we are told, can “rise . . . from a better informed understanding of how constitutional imperatives define a liberty that remains urgent in our own era.” (Huh? How can a better informed understanding of how constitutional imperatives [whatever that means] define [whatever that means] an urgent liberty [never mind], give birth to a right?) And we are told that, “[i]n any particular case,” either the Equal Protection or Due Process Clause “may be thought to capture the essence of [a] right in a more accurate and comprehensive way,” than the other, “even as the two Clauses may converge in the identification and definition of the right.”

Verily, as Roberts' Rule tells us:  words mean nothing.  And more of them mean less and less, Kennedy, you simpering twit.

Finally, the Quote to Beat All:

...The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie....

Well, for what it's worth, Justice Scalia, out here in reality-land, we have no doubt that Mystical Aphorisms are the inevitable product of sausage squeezed through a sphincter; and since Warren, that sphincter has been, more and more, SCOTUS.

(Added:  Althouse, another somewhat confused lawyer, agrees with Kennedy.  But at least Althouse can write with clarity in her error.)

Rubio Goes Limp

Rubio bromides the assault on nature and nature's God.

While I disagree with this decision, we live in a republic and must abide by the law. As we look ahead, it must be a priority of the next president to nominate judges and justices committed to applying the Constitution as written and originally understood…

Truly courageous, Marco.  Your father--who resisted fascists and then launched into the unknown--would puke.

Roberts' Rule

Yesterday, CJ Roberts (may he lie in dogshit) opined that words no longer mean anything.

Today, the Supreme Court has said gay marriage is a not just a right, but a fundamental right.

What if Roberts' Rule is correct?  (Never thought of that, did they?)

From The Establishment to You

The Establishment's message to all of you:







HT:  Zippers

Thursday, June 25, 2015

Sotomayor: The Police State Is Just Fine!!

Think that Los Angeles v. Patel was a victory for the 4th Amendment?  Think again.

...Justice Sotomayor’s promising start then goes south with dicta promoting the use of “administrative subpoenas,” which are issued by bureaucrats, not judges, and absent probable cause required by the Fourth Amendment....

...What’s additionally disturbing is Justice Sotomayor’s suggestion about using judge-less administrative subpoenas in the context of police searches. This seems to suggest that at least five justices would consent to police departments issuing their own administrative subpoenas. Warrants are judicial acts, wrote Sir Matthew Hale in his 1736 book History of Pleas of the Crown, and not in the Founders’ wildest dreams would police be able to issue their own search warrants....
 
 
And as we all know, the Queen of Hearts is the Chief Justice, so maybe nothing means anything any more.

Or something like that.

RoJo Saved by the Court!!

Nice twist on the story to the effect that RoJo will not have to whine and twist over ObozoCare any more.

His Failure Theatre act now comes to an end.  

Culling the Herd of (R) Candidates

This author is correct.  Next week, SCOTUS will declare that Queer "Marriage" is a mandate of the Constitution.

...For it is direct confrontation that draws clear lines, as opposed to the faint distinctions without a difference we often prefer in our convenience-driven cowardice. As Winston Churchill once said, “I have every confidence the Americans will do the right thing—right after they finish exhausting all their other options.”

All of our other options of faux coexistence and kicking the can down the road are over. The age of feigned tolerance is at an end and – behold! – the age of forced compliance is now at hand....

...If you are one of those folks who are concerned there are too many GOP presidential candidates to choose from right now, the Supreme Court is here to help cull the herd. By this time next week a bunch of fake Christian leaders, fake conservative leaders, and fake libertarians are going to be outed by the U.S. Supreme Court once and for all. All their fig leaves – as in the excuses many of us chose to believe rather than admitting these people were frauds all along – will be instantly removed, and their shameful nakedness exposed to true patriots everywhere....

*Cough* 

Scott Walker, as you recall, punted on the question, saying that 'it's up to the courts.'  Think he'll have the balls to openly and loudly campaign against the ruling if it goes as expected?

Bets taken at this window.

SCOTUS Gone Wild, ObozoCare Edition II

Roberts and Kennedy are clearly hell-bent on re-writing laws (not judging them, which is their alleged charter.)

Thus the progress of the Leviathan Government.

F.U, Justice Roberts.

Buy more ammo.

Yes, El Rushbo, "Family Separation" Can Be Moral Imperative

It is true that Pope Francis is something of a controversialist.  As a result, knee-jerk 'conservative' pundits have had a field day attempting to rip the Church.  That is not surprising, by the way; the Kapital Uber Alles crowd really dislikes all that eschatology stuff.

But I digress.

The very latest is the AFP partial-quote trumpeted by Limbaugh:

Pope Francis said Wednesday that it may be "morally necessary" for some families to split up, marking a change of tone in the Catholic Church's attitude to troubled marriages.

Really?  A "change in tone"?  Let's examine the rest of the story.

"Sometimes, [separation] can even be morally necessary, when it's about shielding the weaker spouse or young children from the more serious wounds caused by intimidation and violence, humiliation and exploitation," he said....

This is NOT "new," nor is it a "change of tone."  It is what we call Common Sense, and yes, common sense actually has a moral dimension.  

Or maybe El Rushbo thinks that wives have a 'moral duty' to stay with the husband who beats them?

RoJo Votes With Obama

As expected, Ron Johnson (who has completely abandoned his "fight" against ObozoCare) voted to give Obozo fast-track authority on treaties for the duration of Obozo's term.

This includes a "free trade" treaty--which RoJo has not read--for the Pacific area and some sort of "services" treaty with Europe.  And whatever else Obozo can dream up in the next 24 months, by the way.

Reasonable men can disagree about the value of "free trade" to US citizens.  I happen to think that it is NOT a blessing; RoJo does.

But it is impossible for any Conservative to give Obozo a free hand in negotiating treaties.  Obozo's track record of pure spite and hatred for the Declaration, the Constitution, nature and nature's God, and right order in general should have been a clarion call for opposition to anything he does.

RoJo, you're a failure.  Go back to your father-in-law's business.

Wednesday, June 24, 2015

Have a Pal in Gummint? Say Hello to the ChiComs!

25 years ago, I was a reference for a fellow who obtained a high-level security clearance from the Feds.

In all likelihood, the ChiComs now have my name and (former) address and phone number.

I also have a few friends who were (and are) Gummint employees with clearances.  The ChiComs have their addresses, too.

Nothing like the Federal Gummint to make your day, eh?

...Perhaps the biggest issue of all is that the government had centralized the collection of that data into a single web-based system, e-QIP, which means that all this data was collected in one place.

I would bet money that each of these decisions came down to someone saying: “Oh, that’s too hard,” “Hiring offshore workers is cheaper,” “That’s too inconvenient.”

At each of those steps, some security was lost because someone decided it was easier to relax the requirements than to get the more expensive and annoying solution. And while the inspector general was calling out the hazards, no one was willing to rock the boat....

This is The Gummint which "defends the shores."

Buy.  More.  Ammo.

Jobs Americans Won't GET

It is said that we have illegal immigration because the illegals 'do jobs that Americans won't do.'

Uh-huh.

So Ford Motor Company is offsetting that problem by creating jobs that Americans won't GET!!

"Ford has 11,300 employees in Mexico," said the statement. "The Ford Fiesta, Fusion and Lincoln MKZ as well as the hybrid versions of both are manufactured in Mexico. Ford also has established an Engineering Center in Mexico, which employs more than 1,100 engineers who support global projects."

That just set the foundation.

"... Ford today announced a $2.5 billion investment in two new facilities building a new generation of engines and transmissions in the states of Chihuahua and Guanjuato, respectively," the statement said.

This investment, it said, "will bring 3,800 direct new jobs plus additional indirect jobs to Mexico.
"

I guess that what's good for Ford is good for Mexico, eh?

Tuesday, June 23, 2015

Concrete Spend-a-Holics, Part Two

Earlier, we gave kudos to Owen, whose research on the RoadBuilders machine is enlightening.

He did it again!

Wisconsin spends almost $65k more per mile than the average. Why?

Hint:  lotsa sloshing dollars.  But even more basic:

...Wisconsin spends below the average for maintenance – $17,816 per mile as compared to a weighted average of $26,079 per mile. But Wisconsin spends 50% more than the weighted average on administrative costs per mile ($15,709 compared to $10,579) and 42% more for new roads and bridges ($122,272 as compared to $86,153).

Anyone with common sense--which apparently excludes Wisconsin DOT and their leggie enablers--knows that if you buy a new car, you CHANGE THE OIL every so often, or your new car will go *boom*.  We can also infer that "administration" does not preserve roads, nor does it do a good job of "building" them in the first damn place.

...if Wisconsin spent the same amount on roads per mile as Iowa – a state with similar weather and economic needs – Wisconsin would spend $1,098,967,932 less PER YEAR for the same amount of infrastructure...

A billion here, a billion there--pretty soon that adds up to real money--which is being taken from YOUR pocket.

Maybe it's time to start primary-ing a few Republicans here, eh?

Saturday, June 20, 2015

The Donald, Part Two

This is why The Donald's campaign is valuable.

...Donald Trump is the Godzilla we all wanted Sarah Palin to be. He is the real renegade. He is the businessman we wanted Mitt Romney to be. He is the straight-talker that George W. Bush was on good days.

Another way you know that Mr. Trump is manna from heaven for America is to hear all the clowns in media and politics who were perfectly horrified by the spectacle of Mr. Trump’s announcement....

Yes. Instead of the Paul Ryan Shuffle and the Ron Johnson Disappearing Act, (as only two examples), we will have someone who says to the DC crowd of Intellectualoid Grifters "Enough of your BS!!"

The Donald is disrupting their OODA-loops.

Excellent.

Friday, June 19, 2015

Brian Fraley, Fabulist

It's the season of fabulism.  Bruce Jenner says he's a woman.  A white woman in Washington State says she's a black. 

And Brian Fraley says an Article V convention will "jeopardize our First and Second Amendment rights as well as all othe[r rights] enshrined in the Constitution."

That's really going to help Dorow, Brian.