Search This Blog

Showing posts with label IRS. Show all posts
Showing posts with label IRS. Show all posts

Tuesday, July 9, 2013

Let’s Repeal Two Constitutional Amendments

“A hand from Washington will be stretched out and placed upon every man’s business; the eye of the Federal inspector will be in every man’s counting house.” — Richard E. Byrd, Speaker of the Virginia House of Delegates during the Ratification Debate for the 16th Amendment.

On June 5, 2013 I posted an essay on the tyranny the passage and ratification of the 16th Amendment has caused entitled “How Did We Get Into This IRS Mess?

When our Constitution was written and adopted it contained two specific enumerations as to how Congress could raise money from the citizens.

The first was Article I, Section 8.1 that states:

“The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States.”

The second can be found in Article I, Section 9.4 that states:

“No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.”

This clause basically refers to a tax on property, such as a tax based on the value of land, as well as a capitation — a poll tax; an imposition which is yearly laid on each person according to his estate and ability. One must also realize that “property” in the eyes of our Founders included everything from land and the realization of your labor, i.e. money to one’s opinions. In other words our Founders did not want the federal government to be able to take any of your property in taxes. They wanted to pay for the cost of maintaining all of the items enumerated in Article I, Section 8 through the collection of duties, imposts, and excise taxes.

When our Founders wrote the Constitution they divided the federal government into three branches; legislative, executive, and judiciary. The purpose of this was to impose checks and balances on the powers that could be exercised by any one branch of government. Our founders also wanted the legislative branch to be the more powerful of the three branches so they set forth additional checks on this branch by dividing it into two chambers. It was their intent to make the lower chamber — the House of Representatives — the chamber most responsive to the people and the passions of the day. This is why members of this chamber are subject to a two-year term and can be easily replaced by the citizens of their respective districts. The also wanted all spending bills to originate in this house. In essence they wanted the House of Representative to control the purse strings of the federal government. All of this is laid out in Article I, Sections 1 and 2 of the Constitution.

The upper chamber — the Senate — is defined in Section 3 of Article I. It grants separate powers to the Senate not granted to the House and gives senators a term of six years with a one-third turnover of the Senate every two years:

“The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.

Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.”

It was the intent of the Founders to make the Senate a more deliberative body less influenced by the passions and factions of the day and more responsible to the will of their respective state legislatures. This is why they wanted senators appointed by the various state legislatures and not elected by popular vote.

As noted above Article I, Section 3 states:

“The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.”

This was a carryover from the Articles of Confederation and the fear that the individual states would relinquish too much power to the central government under the concept of “Federalism.”

This was changed by the passage and ratification of the 17th Amendment in 1912-1913:

“The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.

When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.”

Article I, Section 7 spells out how revenue shall be raised:

“All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.

Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.”

In order to convince the states (former colonies) to ratify the new constitution Alexander Hamilton, James Madison, and John Jay authored a series of 85 essays that were published in the newspapers of the day. These essays became known as the Federalist Papers and set forth the arguments for ratification of the new constitution along with explanations that were designed to allay the fears of the states.

In one of the most famous of the essays, Federalist 10, James Madison make the argument for the adoption of a republican form of government rather than a direct democracy based on his fear of “factions” that could impose a a tyranny of either the majority of minority where he states:

“By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community.”

Madison continues his argument:

“Hence, it clearly appears, that the same advantage which a republic has over a democracy, in controlling the effects of faction, is enjoyed by a large over a small republic,--is enjoyed by theJames_Madison Union over the States composing it. Does the advantage consist in the substitution of representatives whose enlightened views and virtuous sentiments render them superior to local prejudices and schemes of injustice? It will not be denied that the representation of the Union will be most likely to possess these requisite endowments. Does it consist in the greater security afforded by a greater variety of parties, against the event of any one party being able to outnumber and oppress the rest? In an equal degree does the increased variety of parties comprised within the Union, increase this security. Does it, in fine, consist in the greater obstacles opposed to the concert and accomplishment of the secret wishes of an unjust and interested majority? Here, again, the extent of the Union gives it the most palpable advantage.”

In Federalist 51 where Madison argues that the structure of the government must furnish the proper checks and balances between the different departments:

“The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. This policy of supplying, by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public. We see it particularly displayed in all the subordinate distributions of power, where the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other that the private interest of every individual may be a sentinel over the public rights.”

“Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger; and as, in the latter state, even the stronger individuals are prompted, by the uncertainty of their condition, to submit to a government which may protect the weak as well as themselves; so, in the former state, will the more powerful factions or parties be gradually induced, by a like motive, to wish for a government which will protect all parties, the weaker as well as the more powerful.”

Today we have the situation where massive and complicated laws, like ObamaCare (over 3,000 pages) are passed without having been read or debated by the legislators themselves, let alone discussed in the press and by the people. When this sad state has been reached, the law itself, as Madison eloquently says, “poisons the blessings of liberty.” James Madison stated in Federalist No. 62 where he writes about the power, duties, and responsibilities of the Senate:

“The mutability in the public councils arising from a rapid succession of new members, however qualified they may be, points out, in the strongest manner, the necessity of some stable institution in the government. Every new election in the States is found to change one half of the representatives. From this change of men must proceed a change of opinions; and from a change of opinions, a change of measures. But a continual change even of good measures is inconsistent with every rule of prudence and every prospect of success. The remark is verified in private life, and becomes more just, as well as more important, in national transactions.

To trace the mischievous effects of a mutable government would fill a volume. I will hint a few only, each of which will be perceived to be a source of innumerable others.

In the first place, it forfeits the respect and confidence of other nations, and all the advantages connected with national character. An individual who is observed to be inconstant to his plans, or perhaps to carry on his affairs without any plan at all, is marked at once, by all prudent people, as a speedy victim to his own unsteadiness and folly. His more friendly neighbors may pity him, but all will decline to connect their fortunes with his; and not a few will seize the opportunity of making their fortunes out of his. One nation is to another what one individual is to another; with this melancholy distinction perhaps, that the former, with fewer of the benevolent emotions than the latter, are under fewer restraints also from taking undue advantage from the indiscretions of each other. Every nation, consequently, whose affairs betray a want of wisdom and stability, may calculate on every loss which can be sustained from the more systematic policy of their wiser neighbors. But the best instruction on this subject is unhappily conveyed to America by the example of her own situation. She finds that she is held in no respect by her friends; that she is the derision of her enemies; and that she is a prey to every nation which has an interest in speculating on her fluctuating councils and embarrassed affairs.

The internal effects of a mutable policy are still more calamitous. It poisons the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

Another effect of public instability is the unreasonable advantage it gives to the sagacious, the enterprising, and the moneyed few over the industrious and uniformed mass of the people. Every new regulation concerning commerce or revenue, or in any way affecting the value of the different species of property, presents a new harvest to those who watch the change, and can trace its consequences; a harvest, reared not by themselves, but by the toils and cares of the great body of their fellow-citizens. This is a state of things in which it may be said with some truth that laws are made for the FEW, not for the MANY.

In another point of view, great injury results from an unstable government. The want of confidence in the public councils damps every useful undertaking, the success and profit of which may depend on a continuance of existing arrangements. What prudent merchant will hazard his fortunes in any new branch of commerce when he knows not but that his plans may be rendered unlawful before they can be executed? What farmer or manufacturer will lay himself out for the encouragement given to any particular cultivation or establishment, when he can have no assurance that his preparatory labors and advances will not render him a victim to an inconstant government? In a word, no great improvement or laudable enterprise can go forward which requires the auspices of a steady system of national policy.

But the most deplorable effect of all is that diminution of attachment and reverence which steals into the hearts of the people, towards a political system which betrays so many marks of infirmity, and disappoints so many of their flattering hopes. No government, any more than an individual, will long be respected without being truly respectable; nor be truly respectable, without possessing a certain portion of order and stability.”

Americans may be able to regain control over their federal government by moving their respective individual state legislatures to invalidate the 16th and 17th Amendments to the United States Constitution. Essentially, this is a vote to reverse ratification of an Amendment without a Constitutional Convention.

Repeal of the 16th Amendment starves the federal beast by depriving it of its consumption of money from the states and the taxpayers through income taxes. States could exercise better control over how or even if their money is spent.

Repeal of the 17th Amendment makes United States senators directly appointed by the state legislatures, as they were at our nation's founding, and representative of the will of each state and its citizens. This action would check the federal government's proclivity to pass laws binding the states to unfunded mandates. It would increase the sovereignty of the several states and restore true federalism back into our system of government.

The states can do this by individual vote; this way, a Constitutional Convention and the subsequent dangers presents to liberty can be avoided. According to Article V of the Constitution three-fourths of the state legislatures would have to vote to repeal each or any Amendment.

“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.” [Emphasis added]

Once each state votes to invalidate an Amendment, the vote is sent to the Archivist of the National Archives. The result would be a return to the Constitution as it existed before the now repealed Amendments were included.

The United States of America was founded as a representative republic, where several sovereign states voluntarily joined under a common federal sovereign to better guarantee the unalienable rights of "We the People." This federal government was to be strictly limited to the enumerated powers given to it under the Constitution of the United States by the sovereignty of the several states and the people, who themselves are sovereign individuals. This is why we have the Ninth and Tenth Amendments.

The federal government is supposed to be strictly limited in power to only those things authorized in the Constitution. The several states were to always enjoy plenary power — that is, power over everything not specifically given over to the federal government. Any powers not delegated to the several states were to be with the people as individuals.

Today, the federal government has been allowed to grow in size and scope of authority where it now imposes its will in every way over our individual daily lives. It has usurped the plenary powers of the several states. Every issue making news today seems to have a federal solution proposed or enacted instead of allowing the states, which are closer to the people within them, to address those issues.

The root of the current problem is that the federal government bends and contorts and stretches the plain meaning of the U.S. Constitution. It is allowed to do this, in part, by its taxing authority. The federal government taxes almost everything, taking the wealth of each state and of every individual for its own use.

The federal government redistributes this wealth as it sees fit to enact controls over the several states and the people through various administrative agencies, policies, and programs. The purported original need for an administrative agency, policy, or program is rarely, if ever, met.

In fact, the original need becomes modified with other causes and objectives requiring these agencies to grow; new policies and programs must be promulgated to better meet real or imagined demands.

Thus, the system is self-perpetuating. Without proper checks by the Congress, the administrative state becomes all-encompassing, oppressive, and in some respects, tyrannical.

But Congress has repeatedly failed to act. It benefits as an institution because the money the government gets is first distributed by its own members. This is properly so if each respective branch of our government works according to separation of powers as intended by the Framers.

Too often, the "separate powers" of the federal government seem to work in unison against the will of the American people. It is in those times that the Framers asserted the American people must respectfully move to regain control and place each house in proper order.

An effective method of dealing with this is for the several states to "starve" the federal Leviathan by reducing or denying its lifeblood of money. Prior to the enactment of the 16th Amendment to the United States Constitution, taxes were paid to the federal government by apportionment based on population, and through certain direct fees (taxes) on customs, alcohol, and other select commodities.

The 16th Amendment allows the federal government the authority to directly tax the incomes of all individuals by whatever type and means necessary. Repeal of this amendment is necessary for the several states to regain financial control over federal spending. Cutting the money tap will in effect reduce or eliminate federal borrowing and annual debt. It will also bring the power that comes with distributing that money back to the influence of the states, closer to the people.

With monies reduced, administrative bureaucracy, unnecessary policies, and unneeded programs will also reduce. Some, like the Department of Education and EPA, may be eliminated. A strictly limited federal government exercising only its constitutionally permitted powers restores trust and is beneficial to the American people.

Likewise, the 17th Amendment to the United States Constitution now allows for the direct election of United States senators. The Senate was originally the part of Congress that represented the several states and their respective state's interests.

The House of Representatives originally, as today, were the part of Congress elected directly by the people. With the Senate directly elected by the people instead of appointed by each state's legislature, the Senate has become a de facto extended-term of the House of Representatives.

Senators rarely represent the interests of their home state today, as demonstrated by their voting for huge indebtedness as a national issue and voting for unfunded mandates adversely affecting the state they purport to represent, among many other self-interest issues.

The United States Constitution can have amendments added to it via two methods: the first is by a proposed amendment approved by two-thirds of the House of Representatives and approved by two-thirds of the Senate. The proposed amendment then goes before each state's legislature for majority approval. When three fourths of all states (38) ratify the proposed amendment, the amendment then becomes part of the United States Constitution, the Supreme Law of the Land. The votes of each of the legislatures of the several states submit their letter of decision to the Archivist of the United States, in the National Archives. This method has been used exclusively since the first Constitutional Convention, and it includes all amendments (27) in existence today.

The second method is for two thirds of the states (33) to call a Constitutional Convention, propose an amendment, and then have it successfully ratified by a minimum of three fourths of the several states (38). The amendment then becomes part of the United States Constitution. The votes of each of the legislatures of the several states submit their letter of decision to the Archivist of the United States, in the National Archives.

The problem with the second method is the lack of control that might be exhibited by the delegates to the Constitutional Convention. A group intent on radically changing our Constitution could do away with many protections we enjoy today or grant certain offices or persons in government additional powers and authority never intended. Even though any proposed amendment proceeding forth would still have to be ratified by three-fourths of all the states to become part of the constitution, the danger to this republic is unknown.

A unique consideration would cause the legislatures of the several states to vote to de-ratify or nullify the 16th and then 17th Amendments. This should be accomplished with little danger to the republic in that once three fourths of the several states (38) vote to de-ratify an amendment, the Constitution would return to its former status as to law.

Since the action would not involve a Constitutional Convention, there would be no new amendment(s). Any changes would be perceived by the legislatures of the several states and would be close to the people for comment and redress of grievances.

Tuesday, June 25, 2013

The Tyranny of our Ever Expanding Government

“Law is defined to be a rule of action; but how can that be a rule, which is little known and less fixed?” — James Madison, Federalist No. 62 — 1788

When writing about the tyranny of a mutable government and the legislature passing long and complicated laws of which no one could comprehend and obey James Madison raises the very forceful point. He stated that citizens will find it very difficult to obey the law if it is constantly changing (“mutable government”), either by growing enormously in size to be beyond the grasp ordinary people, or by being incoherent, or being repealed or revised before they are promulgated.

Today we have the situation where massive and complicated laws, like ObamaCare (over 3,000 pages) are passed without having been read or debated by the legislators themselves, let alone discussed in the press and by the people. When this sad state has been reached, the law itself, as Madison eloquently says, “poisons the blessings of liberty.” James Madison stated in Federalist No. 62:

“To trace the mischievous effects of a mutable government would fill a volume. I will hint a few only, each of which will be perceived to be a source of innumerable others.

In the first place, it forfeits the respect and confidence of otherJames_Madison nations, and all the advantages connected with national character. An individual who is observed to be inconstant to his plans, or perhaps to carry on his affairs without any plan at all, is marked at once by all prudent people, as a speedy victim to his own unsteadiness and folly. His more friendly neighbors may pity him, but all will decline to connect their fortunes with his: and not a few will seize the opportunity of making their fortunes out of his. One nation is to another, what one individual is to another; with this melancholy distinction perhaps, that the former, with fewer of the benevolent emotions than the latter, are under fewer restraints also from taking undue advantage of the indiscretions of each other. Every nation, consequently, whose affairs betray a want of wisdom and stability, may calculate on every loss which can be sustained from the more systematic policy of its wiser neighbors. But the best instruction on this subject is unhappily conveyed to America by the example of her own situation. She finds that she is held in no respect by her friends; that she is the derision of her enemies; and that she is a prey to every nation which has an interest in speculating on her fluctuating councils and embarrassed affairs.

The internal effects of a mutable policy are still more calamitous. It poisons the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

Another effect of public instability is the unreasonable advantage it gives to the sagacious, the enterprising, and the moneyed few over the industrious and uniformed mass of the people. Every new regulation concerning commerce or revenue, or in any way affecting the value of the different species of property, presents a new harvest to those who watch the change, and can trace its consequences; a harvest, reared not by themselves, but by the toils and cares of the great body of their fellow-citizens. This is a state of things in which it may be said with some truth that laws are made for the FEW, not for the MANY.

In another point of view, great injury results from an unstable government. The want of confidence in the public councils damps every useful undertaking, the success and profit of which may depend on a continuance of existing arrangements. What prudent merchant will hazard his fortunes in any new branch of commerce when he knows not but that his plans may be rendered unlawful before they can be executed? What farmer or manufacturer will lay himself out for the encouragement given to any particular cultivation or establishment, when he can have no assurance that his preparatory labors and advances will not render him a victim to an inconstant government? In a word, no great improvement or laudable enterprise can go forward which requires the auspices of a steady system of national policy.

But the most deplorable effect of all is that diminution of attachment and reverence which steals into the hearts of the people, towards a political system which betrays so many marks of infirmity, and disappoints so many of their flattering hopes. No government, any more than an individual, will long be respected without being truly respectable; nor be truly respectable, without possessing a certain portion of order and stability.”

In Federalist Paper 10, probably the most important of the Federalist Papers, James Madison, writing as Publius, addresses the Tyranny of the Majority trough Factions.

“Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith and of public and personal liberty, that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority. However anxiously we may wish that these complaints had no foundation, the evidence of known facts will not permit us to deny that they are in some degree true.”

As I have stated in previous blogs in 2007, Congress enacted 138 public laws, while federal agencies finalized 2,926 rules, including 61 major regulations.” In this context, it is irrelevant who resides in the White House or holds the House speaker’s gavel. America is not a nation of laws, but of rules. Only a renewed cultural will to true reform, coupled with political leadership, can correct that.

Today we are experiences the worst of our Founder’s fears. An unfettered executive branch coupled with a legislative branch that is so encumbered with factions that it no longer serves the will of the people. This combination of ills has formed a fourth branch of government — the administrative state.

I have written numerous times about the history and tyrannical effects of the administrative state and how it is slowly destroying the republic our Founders envisioned. The latest egregious example is the Senate passed 1,200 page immigration bill that contains so much pork a pig farmer would have problems weighing it. It contains cars for immigrants to placate Senator Barry Sanders of New Hampshire and subsidies for the Alaskan fishing industry. It states that the counterfeiting of no more than three U.S. passports is not a crime. While allowing for the hiring of 20,000 additional border patrol agents and building a fence along the entire border it gives the Department of Homeland Security the power to cancel the fence construction at any time at their discretion.

Today a landmark Supreme Court ruling that struck down a key part of the Voting Rights Act has set up a stand-off between Republican-led states and the Obama administration over controversial voting laws that until now had been stalled.

The 5-4 ruling on Tuesday addressed a 1960s-era provision that largely singled out states and districts in the South — those with a history of discrimination — and required them to seek federal permission to change their voting laws.

The court ruled that the formula determining which states are affected was unconstitutional.

In doing so, the court potentially opened the door for certain states to proceed with voter ID laws and other efforts that to date had been held up because of the Voting Rights Act. Prominent among those are voter identification laws in Alabama and Mississippi.

Yet Attorney General Eric Holder has claimed that he does not agree with theWas7541345 ruling and will continue to do all he can to force states to abide by his edicts

Attorney General Eric Holder warned states against going too far. He said the Justice Department would not hesitate to take "swift" action against states looking to "take advantage" of the ruling.

He, like President Obama, said he was "deeply disappointed" in the decision, saying discriminatory practices live on and need to be addressed.

"These problems have not been consigned to history," Holder said.

Holder and Obama urged Congress to create a new formula.

"Today's decision invalidating one of its core provisions upsets decades of well-established practices that help make sure voting is fair, especially in places where voting discrimination has been historically prevalent," Obama said.

To read more on this decision click here.

In another example of the power of the administrative state today Obama declared his war on coal even though throughout the 2012 election campaigned he denied such a war on coal or guns.

So much for the denials. An administration that throughout its 2012 election campaign denied it was waging a War on Coal has now come out and publicly declared its intention to shut down coal-fired power plants – putting hundreds of thousands of Americans out of work and sending electricity prices skyrocketing.

This is not what the American people voted for.

Responding to a White House petition to end the War on Coal, the administration said: “The President has made clear that he understands that coal has played a critical role in our country’s energy portfolio for decades and will continue to be an important source of energy in the future.”

Sycophantic liberal media outlets (like The Nation and the Associated Press) went further, repeatedly claiming that the War on Coal was a myth. The Obama campaign even ran a TV ad in Ohio claiming that Mitt Romney would be bad for coal – and trotted out former Democratic Gov. Ted Strickland to deny there was a war on coal and echo the attacks on Romney.

Yet today Obama political consultant David Plouffe took to Twitter to bang his chest: “Today's climate announcement underscores that elections matter greatly” – as if Obama had campaigned on shutting down coal plants instead of on denying his intention to do so.

Such denials are no longer necessary. Today a top Obama global warming adviser told The New York Times the denials were just election-year politics. Daniel Schrag said: “Politically, the White House is hesitant to say they’re having a war on coal. On the other hand, a war on coal is exactly what’s needed.

And Obama delivered. It’s right there on page 19 of his Climate Action Plan: “Going forward, we will promote fuel-switching from coal to gas for electricity production.”

Indeed, Obama made clear in his speech that he intends to impose regulations on existing coal plants that can only be met through carbon capture and storage (technology that doesn’t exist on a commercial scale), switching to natural gas, or shutting down completely.

Coal still produces 37 percent of U.S. electricity. A Heritage Foundation analysis found that implementing Obama’s proposed regulation on existing coal plants would destroy more than 500,000 jobs, slash the income of a typical family of four more than $1,400 a year, and increase electricity prices at least 20 percent. Price spikes could be much higher in states that depend heavily on coal-fired power plants, especially in the Midwest. President Obama once famously explained that he intended to make electricity prices “necessarily skyrocket.”

Obama intends to fight his War on Coal by issuing a PresidentialAP401450731793 Memorandum to the EPA to issue regulations under the 1970 Clean Air Act. This is despite the fact that the law’s principal author, Democrat John Dingell of Michigan, famously said: “This is not what was intended by the Congress and by those of us who wrote the Clean Air Act. We are beginning to look at a wonderfully complex world, which has the potential for shutting down or slowing down virtually all industry and all economic activity and growth.”

And there is zero global warming benefit to go with all the economic costs, because even if all United States greenhouse gas emissions were shut down to zero tomorrow, the rest of the world would keep on puffing. Paul Knappenberger recently calculated, based on standard assumptions, that getting to zero emissions in the U.S. immediately would only reduce global average temperatures an imperceptible 0.08 degrees Celsius by 2050. Moreover, the rest of the world would replace all U.S. emissions within seven years.

So it’s all pain and no gain — by legally dubious means — to accomplish the opposite of what Obama promised on the campaign trail. Congress should take exception to being circumvented and step in to stop Obama’s (now-declared) War on Coal.

Once again it is plain to see that complex laws passed by a willing legislature leave the door open for the executive branch to do just about anything it wants under the color of law. This is truly a feature of the administrative state where the masterminds call the shots and self-government is a thing of the past. So much for the Republic Mr. Franklin.

On the other hand 62 Tea Party representatives dealt a blow to the Republican leadership of the House of Representatives when they gather enough support to defeat an overblown Farm Bill on June 20th.

The GOP leadership suffered a stunning defeat as 62 Republicans voted against the 5-year farm bill (H.R. 1947), which locks in the record baseline of food stamp spending and creates multiple new agriculture subsidy programs. A handful of them voted against it because it cut too much spending, and others like Bill Shuster voted no because they are facing potential primary challenges (Shuster voted for the 2008 bill). But this is a strong showing, as it is a dynamic none of us would have ever predicted several years ago.

Some Republicans are complaining that because of the conservative revolt we will now continue on the status quo with direct farm subsidies. But they fail to understand that the new price support programs and shallow loss coverage that were created by this bill would have been more expensive and represent worse market distortions than direct subsidies. It’s better to reauthorize the status quo than to pass a long-term bill that creates even more problems and precludes real reforms for another 5 years.

Other Republicans complain that now we will face the so-called milk cliff. Pursuant to a silly 1949 act of Congress, every time we fail to renew expiring farm programs, the government must begin imposing Soviet-style price controls on milk by decreasing supplies through massive purchases of milk, butter, cheese, and other dairy products. Under permanent law, the USDA would begin purchasing dairy products at a rate of $38.54 per hundredweight; more than double the current price ($18 per hundredweight). This market manipulation could double the price of milk, dairy products, and everything else up the food chain.

clip_image001But instead of avoiding the deleterious effects of the Agriculture Act of 1949 by growing government, why don’t we just repeal the damn law?

In a sane world, both houses of Congress would convene and repeal this inane and outdated law within a few minutes by unanimous consent. That way we could debate a long-term farm bill without having the sword of the 1949 law brandished over our necks and forcing Congress to rush through bad legislation.

However, Congress is not sane, and they have no plans to repeal the law. In fact, Paul Broun introduced an amendment to do just that, but all the Democrats and more than half of Republicans voted it down.

The latest ephemeral trend in Washington is to create a contrived crisis for the purpose of growing government, increasing spending, or raising taxes. The new “milk cliff” is just the latest in the bag of tricks held by the permanent statist class.

Moving forward, we must split up the farm bill into two components; food stamps and agriculture programs. Food stamps must be devolved to the states and most agricultural subsidies need to be means-tested and charted on a gradual course towards elimination. And most of all, the dairy supply control system must be repealed once and for all in a standalone piece of legislation.

That would represent responsible conservative reform that is becoming of a GOP-controlled House. Working harder to buy off Democrats with more spending increases is not the way forward. If Kevin McCarthy and Eric Cantor desire to grow government with Democrat support, maybe they should run for the Pelosi whip team.

The American people elected a Republican House to provide a bold contrast to the Obama-Pelosi agenda, not to work behind the scenes to help grow government with their support.

You can read more about the defeat of the trillion dollar food stamp and farm bill by clicking here.

One of the things all tyrannical regimes such as the administrative state does is to compile a list of enemies. These enemies are defined as those who do not agree with their policies and could pose a threat to their agenda.

The vast majority of the annual shooting homicides are committed by inner-city and minority youths below the age of 30. Handguns are involved in 80% of all murders. Rifles and shotguns account for less than 10% of homicides.

No matter; the National Rifle Association is now blamed for generic gun violence, especially the mass shootings at schools, even though usually no one knows of any proposed gun law — barring outright confiscation of previously purchased firearms, bullets, and clips — that would have prevented the shooters at Sandy Hook and Columbine. Gun merchants are blamed by the president while in Mexico for selling lethal semi-automatic weapons to drug cartels. But so far, the only identifiable purveyor of illegal weaponry is the president’s own attorney general, whose subordinates in the Fast and Furious operation sold hundreds of guns illegally to Mexican drug lords.

Suggestions to encourage greater incarceration of the mentally unstable, to jawbone Hollywood about its profitable (and gratuitous) gun violence, to regulate extremely violent — and extremely well-selling — video games usually fall on deaf liberal ears. In short, the stereotyped camouflaged, weekend gun enthusiast is not the problem that leads to Columbine, or the nearly 532 murders last year in Chicago. But because we can’t or won’t address the causes of the latter, we go after the former. He is not the unhinged sort that shoots a Gabby Giffords or innocents in an Aurora, Colorado, theater; but somehow is the supposed red-neck yokel that a journalist like ABC’s Brian Ross assumes does.

If the Department of Homeland Security, as is rumored, really did wish to stockpile hundreds of millions of rounds of ammunition, then why did it begin such repository buying right in the middle of a hysterical national debate about limiting access to various rifles and semi-automatic weapons? Was it not to create a climate of fear and panic buying that has emptied America’s shelves of the most popular types of ammunition? If the homicide rate in Philadelphia and Chicago is any indication, murderers still have plenty of access to bullets. Those who want to target practice or shoot a varmint on their property do not.

The CIA and FBI knew of the suspicious activity of the Boston bombers, of Major Hasan, and of Anwar al-Awlaki. And they did nothing to preempt their violence. The FBI is said to be carefully avoiding monitoring mosques, although all of the above terrorists were known by many fellow Muslim worshipers to be either disturbed or extremist or both. In contrast, the NSA monitors, we are told, nearly everyone’s communications rather than focusing on Middle Eastern male Muslims, even though Middle Eastern male Muslims have been involved in the vast majority of post-9/11 terrorist plots. The NSA is the electronic version of the TSA, which feels it is noble and liberal to stop an octogenarian in a wheel chair for special frisking as proper compensation for every focused look at a West Bank resident or Pakistani visitor on his way into the United States.

The words “Tea Party” and “patriot” in a non-profit’s name would more likely earn a negative appraisal from the IRS than would “Islam” or “Muslim.” One wonders how Lois Lerner’s IRS division would treat a hypothetical “Sarah Palin Foundation” versus “The Dr. Zawahiri Charity.”

The IRS is not worried at all about 47% of the nation who pay no federal income taxes. The vast majority of those whom it focuses on are instead the 10% who pay over 70% of all taxes. These are the would-be proverbial “fat cats” who did not build their own businesses. They are reluctant to spread their wealth. They certainly did not know either when to stop making money or when the age of profit altogether had passed. Sometime around 2009 success was deemed failure, and failure success — at least if we collate the president fat-cat rhetoric with the vast expansion in the disability, food-stamp, and unemployment-insurance rolls.

Note that the IRS is not interested in leaking to Democrat senators or former administration official rumors about George Soros’s income or the details of the tax returns of Warren Buffett, Steven Spielberg, or Bill Gates. Instead, the Democratic majority leader in the Senate bragged that he knew (falsely as it turned out) that Mitt Romney paid no income taxes. And former high administration official Austan Goolsbee claimed (also falsely as it turned out) that he too knew that the Koch brothers were shorting the IRS.

Note that only liberal groups like ProPublica leak information about the confidential donor lists of conservative activists, apparently given their familiar arrangement with the IRS. So far IRS chiefs are not looking at prominent Democrat politicians for tax violations, although for a time — cf. Tim Geithner, Tom Daschle, Hilda Solis — that might have been a fruitful profile for inquiry. (One encouraging side note: if you are a suspect white, mature, well-off, conservative, heterosexual, Christian male, you can still obtain exemption from federal suspicion by loudly announcing that you also are enthralled by Barack Obama.)

We know who was not an administration suspect in the killing of four Americans in Benghazi — hard-core, al Qaeda-related Islamic terrorists. Instead a supposedly right-wing unhinged video-maker was the object of vitriol from the secretary of state, the UN ambassador, and the president of the United States. He currently sits in jail. The known perpetrators of the murders walk free. In contrast, Lisa Jackson, the former EPA director, just got a fat inside job from Apple, despite creating not just a fictitious name (e.g., “Richard Windsor”) to avoid scrutiny when she communicated official business, but also an entirely made-up alter ego: “Richard Windsor” became an ideal employee lauded by the unethical EPA for his supposedly “ethical behavior.”

We also know who in the media is not a target. Not the CBS or ABC News presidents who have siblings working in the White House. Not ABC’s Good Morning America, given that one of its stalwarts is married to Press Secretary Jay Carney. Instead, there are two sorts of suspicious reporters that are considered hostile to the administration and worthy of having their communications monitored. One group are those journalists who leak information that the administration wished to preempt and leak first or who refuse to only leak favorable classified information — the bin Laden trove, the cyber war against Iran, the drone targeting protocol — that makes the president look as if he were a competent commander in chief.

The other target, of course, is Fox News, whose staff, in a variety of ways and on a number of occasions, the Obama administration has previously attacked as in some way illegitimate.

Again, who fits these profiles that our current, vastly expanding big government does not like? If you are an operator of a coal plant that creates needed energy at a profit, then beware that the EPA is after you. If you are a shady insider who wants tens of millions of government dollars to subsidize a money-losing wind and solar plant, you hit the jackpot. Ditto the suspect people who build guitars, loan money to Chrysler, or wish to locate a jet airliner plant in South Carolina. Profits create suspicion; failures earn subsidies.

Then there are the clingers, whom the president long ago blasted as religious zealots and gun-toting xenophobes. These are the sorts whom the attorney general calls “cowards” (not “my people”) — the “enemies” whom the president advises Latino activists to “punish” at the polls, the sorts that the president apologizes for abroad as guilty of sundry sorts of past class, race, and gender oppression.

In contrast, who is not so worried about government surveillance or audit? The New Black Panthers who turned up at a polling station in Philadelphia to intimidate voters; the “farmers” who, according to the New York Times, filed bogus claims to cash in on the government’s ill-advised and poorly administered Pigford settlement; the Secret Service agents who routinely visited prostitutes while on duty protecting high government officials abroad; and the assistant to Secretary of State Hillary Clinton who used her office to enhance her private consulting business.

Americans wonder whom would the immigration services more likely wish to deport: the German Romeike family that was “guilty” of homeschooling their children; Obama’s aunt Zeituni, who lied about her immigration status to illegally obtain state and federal subsidies; or Onyango Obama, who likewise is here illegally (for 21 years) and was recently charged with ramming a police car while driving intoxicated? Is the U.S. so short of DUI offenders and frauds that we must deport homeschoolers to make room for them?

There is currently a climate of fear growing throughout the United States. Millions of Americans are terrified of the IRS, the Department of Justice, the EPA, U.S. Immigration and Customs Enforcement, and even perhaps the FBI, CIA, and State Department.

Why?

These government agencies have never been bigger, more powerful, and more ideologically driven. Citizens fear them for understandable reasons: those who do nothing wrong, whether in filing tax forms or trying to buy a rifle, are considered suspect and deserving to be the target of either federal scrutiny or presidential slurs. But those who do a great deal of wrong, either by illegally entering the country, disrupting polling, trafficking in weapons in Mexico, eavesdropping on American citizens, pulling tax information for partisan purposes, subverting a government agency, or lying to the public about government activity, seem exempt from punishment — and, more chillingly, sense that they are so exempt.

Ask who now is sitting in prison — a shyster video-maker who had nothing to do with the deaths of four Americans, or their five known terrorist killers lounging about in North Africa? Apparently, Nakoula Basseley Nakoula, like EPA director Lisa Jackson, was guilty of creating a fake persona. Like Labor Secretary Hilda Solis, he had a lien on her business. Like former Treasury Secretary Timothy Geithner, he had some unpaid taxes. Like Tamerlan Tsarnaev, he had been visited by government investigators. Like Attorney General Eric Holder and Director of National Intelligence James Clapper, he lied to federal authorities — although they were not quite as high as those in the U.S. Congress. And unlike all of the above, he was therefore jailed.

Of all the legacies of Barack Obama, the most pernicious will be the creation of a rogue government that has cut off and terrified half the population — and for no other reason than that they seem to represent things that Mr. Obama simply does not seem to understand.

The truth is that governments are always like pitchers trying to pitch out of a jam with all the bases loaded. We the people want a little free stuff. The ruling class wants to seize and hold political power. Promising free stuff is how you get elected. This what James Madison knew when he authored Federalist No. 10.

Usually, those vote-buying promises result in policies that damage the economy. President Obama has been worse than most. The result is that politicians and their officials are always involved in trying to Band-Aid over the distortions and the wounds they have inflicted on the economy and our freedoms in their crude bid for power.

Friday, June 14, 2013

Obama, The Liar In Chief

“The truth is incontrovertible. Malice may attack it, ignorance may deride it, but in the end, there it is.” — Winston Churchill

President Obama and his people deserve at least one accolade: they have perfected lying into an art form.

Is anyone in Obama's closest orbit a truth-teller?

Jay Carney, press secretary, lied about the Benghazi talking points, the effects of the federal budget sequestration, and Eric Holder;

Hillary Clinton, Secretary of State, a "congenital liar" according to the late William Safire in a 1996 NY Times column, lied to Congress about her role in the Benghazi security breach, and subsequent cover-up;

Susan Rice, US Ambassador to the UN, lied to the American people on five successive TV news-interview shows about a video provoking the Benghazi attacks; Eric Holder, Attorney General, lied to Congress and to federal judges about his role and intentions in obtaining the surveillance and wiretapping authorization for journalist James Rosen;

Douglas Schulman, IRS Commissioner, lied to Congress about the IRS not targeting opponents and political enemies of the Obama administration;

James Clapper, Director of National Intelligence, lied to Congress about NSA not eavesdropping and collecting phone records and emails from millions of Americans;

Lisa Jackson, EPA Administrator, used at least one alias to avoid scrutiny by Congress;

Kathleen Sebelius, Secretary of Health and Human Services lied about her secret government email accounts, and lied about her soliciting health insurance companies for illegal fund-raising, (and has lied about nearly every major provision in ObamaCare);

Arnie Duncan Secretary of Education, lied about the federal budget sequestration causing mass layoffs of teachers;

Janet Napolitano Director of Homeland Security and Ray LaHood, Secretary of Transportation both lied about sequestration causing massive air travel delays;

Nancy Pelosi, previous Speaker of the House, lied about provisions in ObamaCare and about whether she was briefed about water boarding;

Harry Reid, US Senate Majority Leader, lied about deficit reduction provisions embedded in non-existent budget resolutions and about Mitt Romney's tax returns.

Ken Salazar, Secretary of the Interior and his Energy Czar Carol Browner lied about and used fraudulent claims to impose an offshore drilling ban in the wake of the BP oil spill, then were rebuked by a federal judge.

If others in Obama's cabinet or inner circle haven't been caught lying, it may be only because they've kept their mouths shut.

Yet none of Obama's apprentices can match the master. Obama is an incontinent bladder of lies, deceptions, and red herrings gushing virtually non-stop whether in press conferences, campaign speeches, the State of the Union addresses, or remarks to foreign dignitaries.

Stig Severinsen, who holds the world record for holding his breath under water for 22 minutes, couldn't endure long enough for the time needed to recite all of Obama's lies. Obama's catalog of lies is truly astonishing:

Obama's lying about the Supreme Court decision in Citizens United , about Al Qaeda "on the run," about "deficits shrinking," about Republicans initiating sequestration, about the Benghazi attacks incited by a video, about "you can keep your health plan and your doctor," about private sales of hand guns, and the latest about "we believe in the free market; we believe in a light touch when it comes to regulations," is more than political rhetoric or partisan posturing. Lying is a way of life; truth seems untouchable, toxic, red hot radioactive to Obama and his minions.

Do you remember in 2009 when South Carolina Congressman Joe Wilson shouted "You lie!" as Obama declared in a major address to Congress that illegal aliens wouldn't get government paid health care? When in modern history has a president's lying provoked such a spontaneous outburst in real time? And barely months into his first term?

Lying has many shades; Obama has perfected the bald-faced type, the most jarring, with a repetition that files down the senses, grinds away at outrage.

Obama isn't the only occupant of the White House to have incorporated brazen lying into his daily habits. Bill Clinton was an accomplished liar, notably in denial of his own personal transgressions. For Clinton lying to a grand jury was just like any other conversation. LBJ lied about Vietnam; yet Johnson the ultimate political manipulator knew he had misled the American people thus stood down from re-election.

No one likes to be called a liar; it is such a crude Saxon label, and so dispositive; dissembler only a slightly more graceful epithet. Instead, being called an artful dodger would be far more becoming; even better to acquire a more sophisticated Latinate derivative, prevaricator.

More elusive variations on the straight-up unadorned and unvarnished lie have now become the norm, from subtle inflections to translucent mutations. Untruths, partial truths, prevarications, sleights-of-hand, obfuscations, fabrications, distortions, misrepresentations, mistaken attributions, convenient amnesia, and contingent truths, all forms of dishonesty that seem to be accepted political discourse. They all define Obama's culture of deceit and betrayal of the American people.

I suppose serial lying, the pathological sort, is a form of sustained self-deception and insecurity sometimes accompanied by identity theft and fabrication of one's resume. When lying becomes commonplace, truth telling is hard to recognize, and then so exceptional as impossible to be authentic. And when lying is the norm, greeted not only with impunity, but affection, why tell the truth?

When Obama or any of his minions speak, do you expect impartial information, an honest appraisal, or objective analysis? No, when Obama speaks, fact-checkers are forced into overdrive.

As lying becomes the default font, the most egregious practitioners collect the highest rewards. To wit: Susan Rice, a spectacular fivefold liar as US Ambassador to the UN, has now been rewarded by the president to be National Security Advisor, for her laying down the scent to divert the beagles and hounds in hot pursuit of the truth about Benghazi.

One explanation for Obama's compulsive lying comes from the accounts of military deception in WWII written in 1975 by Anthony Cave Brown about Winston Churchill, who remarked to Stalin at Yalta: "In wartime, truth is so precious, she should be attended by a bodyguard of lies." Obama, the reparations crusader, sees himself at war. At war with a litany of oppressors in his own nation who have seized his imagination since he was a small boy. Yet what core of truth is he protecting? Well, it is the truth about himself and his agenda that dare not be exposed, much less admitted.

Enablers and apologists have enthusiastically embraced Obama's culture of deceit. Yet when they realize that they too are the enemy, will they discover a bodyguard of lies protects no one?

The Obama Administration has presented such an array of botched domestic and foreign policies that an observer can become disoriented. Seeing a blur of so many negative events is like watching a Jason Bourne movie, with the camera on high speed. Each alleged malfeasance or scandal is worthy in itself of deliberate scrutiny, yet as we start to examine each one, others suddenly compete for our attention. It is a dazzling tapestry of mismanagement at best. But there is one theme that connects it all: contempt.

First, we have a rogue agency named the Internal Revenue Service interfering in the lives of ordinary folks with views that are conservative or at odds with the Administration. This contemptuous act against Americans who have committed no apparent wrongdoing or financial legerdemain is heavy-handedness reminiscent of banana republics or authoritarian regimes of yesteryear.

Testifying on Capitol Hill about his reportedly 157 visits to the White House, former IRS Commissioner Douglas Shulman dismissively cited “the Easter Egg roll with my kids” among the reasons for such an astonishing number of169246665 meetings. Lois Lerner, Director of the IRS Exempt Organizations pleaded the Fifth Amendment, and Steven Miller, Acting Commissioner referred to the debacle as “horrible customer service” in his apology. To make it worse, the IRS will judge whether Americans are in compliance with ObamaCare, not supported by a majority of the American people and railroaded into existence by the President. And it is the same IRS, which investigates U.S. companies for excessive corporate entertainment expenses that are reported as income tax deductions, that spent $50 million on conferences over a recent three-year period, with certain IRS officials staying in $3,500 hotel suites, according to findings of the Treasury Department’s inspector general. Indeed, the IRS has shown itself to be unworthy in its principal role as the instrument of revenue collection from American people and companies.

Further, the Department of Justice that has shown contempt for the First Amendment through highly unusual surveillance of journalists of the AP who like those harassed by the IRS, are seen to be a threat to the Administration’s narratives. In a disingenuous and cynical act, Attorney Justice HolderGeneral Eric Holder invited journalists to an “off the record meeting,” again evidencing contempt for openness and the principle of transparency which the Administration has piously affirmed. All this comes from an Attorney General already held in contempt by the House of Representatives for not presenting documents relating to the mismanaged Mexican Fast and Furious gun tracking operation, the first such a sanction of a Cabinet official in American history. Moreover, it has been revealed that an anti-abortion group in Iowa was directed to commit to the IRS that it would not demonstrate in front of Planned Parenthood, a crudely repressive action by the Department of Justice that seems at odds with the First Amendment.

The same contempt prevails in foreign policy. Benghazi is enshrouded in fog and allegations of deception by the Obama Administration, which before the November election desperately put out the story that the massacre of U.S. foreign service staff was the result of a video offensive to Muslims produced in California, and not a concerted ambush by Al Qaeda or its affiliates — to avoid the inference that America had not successfully broken the back of Islamist jihadism.

To this day, we do not know who denied requests for security at the American mission; who ordered a Special Forces unit in Tripoli to stand down, as charged by Gregory Hicks, formerly deputy chief of mission; who directed Susan Rice, ambassador to the United Nations, to take to the air waves and Hillary-Clinton-at-senate-015call it a reaction to a video offensive to Muslims; and who ordered that this misrepresentation be maintained for seventeen days until President Obama finally acknowledged that it was a terrorist attack. Further, we do not know exactly what Secretary of State Hillary Clinton and President Obama were doing during all seven hours of the siege of the U.S. consulate. And now, the controversial and highly criticized Susan Rice has been named national security advisor.

Perhaps the Administration hopes that Americans have attention deficit disorder — absorbed with buying and selling, family problems, and the distractions of a consumer economy — making them unable to assimilate and concentrate on so many issues of incompetence, or worse, illegality if proved.

What we have is a matrix of contempt — contempt for the American people, or at least about half of them; contempt for the principles of transparency and stewardship; and contempt for the pursuit of truth. Let us hope the electorate will speak out and make its will known; resignations of shameless senior U.S. officials could be too much to hope for.

Who knows — we might even get to hear Jay Carney, White House Press Secretary, state that in an era of moral relativism, we must make allowances for our government.

No administration in the history of this Republic has spread so many lies and half-truths as the Obama administration and his minions in Congress. What makes this situation worse is the enabling of these lies by the media so anxious to see their anointed one to be successful.

Each day new polls shows show a growing distrust of government. Even though the mainstream media and Obama sycophants keep trying to insulate Obama from the egregious untruthfulness and outright criminality of his administration the truth is slowly trickling its way out each day. It’s like a faulty dam in one of those earthquake disaster films when you see a trickle of water begin seeping out of the face of the dam. Then as the film progresses the trickle becomes a stream and finally the dam bursts sending a wall of water destroying everything in the valley.

Obama in his incompetence and lack of any leadership skills has allowed thisFrowrning Obama condition to grow in the past five years. He is great at making speeches reading words from a teleprompter that one of his subordinates have written for him. He smiles a lot as he turns his head from the teleprompter on the right to one on he left. He uses hand gestures to emphasize the points he wants to make — all of this against a background of avid followers that have been carefully selected to surround him. It’s pure Mussolinian.

Yet 52% of the American public has bought into Obama’s lies because they want to believe him. They are dazzled by his charismatic appearance and the words they want to hear — especially when he espouses things they want to hear like tax the rich and his doctrine of “fairness” and class warfare. Just look what he told the people in the Texas town of West when he made one of his photo-op visits telling the assembled crowd that they would not be forgotten. Then after he flies away on Air Force One FEMA denies any help for the beleaguered town. Obama didn’t give a tinker’s damn about the town of West. It was in Texas — a red state. Obama’s comments were not intended for the citizens of West, they were put forth for the national media where he could show his faux compassion. In essence he lied for political gain.

While I am not a fan of FEMA and the vast amounts of federal aid it hands out each year I use this issue to point out the duplicity of our liar-in-chief.

As Winston Churchill said: “The truth is incontrovertible. Malice may attack it, ignorance may deride it, but in the end, there it is.”

Wednesday, June 12, 2013

Too Many Scandals

"Arbitrary power is most easily established on the ruins of liberty abused to licentiousness." — George Washington

With all the scandals it’s getting hard for the average American to keep up. First we had Benghazi. Then the Justice Department’s snooping into the e-mails of the AP and James Rosen of Fox News. Then came the IRS’ overt bias against conservative groups requesting 501c(3) tax exempt status. Now we have the bombshell of the National Security Agency’s data mining of millions of Americans. And we will soon have the exposé of the EPA’s illegal actions of going after conservative groups by loading them with onerous regulations and the looming sex scandal involving the State Department.

Most Americans spend their time working and supporting their families. They don’t have much time to focus on all of these scandals every day. Most get their news from the nightly TV news shows or the late night comedians. Unless they are dedicated listeners to talk radio of the cable news channels they just can’t keep up.

The beauty of the 1973 Watergate Scandal is that it was the only scandal to focus on. The American people were able to watch replays of the hearings each night on the three major TV networks. Most of the anchors on these networks were fairly unbiased reporters who did a reasonable job of reporting the news and not getting into opinions. That was left to the Sunday shows like Meet the Press and Face the Nation.

This overload of scandals is in a way a blessing for the Obama administration. It creates a cloud of obfuscation over all of the scandals with the exception of the most current one. In this case it’s the NSA and Edward250px-Elijahcummings Snowden. The Benghazi attack of 9/11/2012 and the issue of gun-running to Syria has taken the rear most seat in the media. The DOJ’s illegal snooping is growing dim. The IRS scandal according to Representative Elijah Cummings (D MD) is over and the case is closed yet the reports and law suits continue to mount. Now it’s all about the NSA.

It’s difficult for the mainstream media to walk and chew gum at the same time. In fact it’s difficult for some of the MSM’s publications and outlets to walk at all. This is good news for President Obama and the worst Attorney General since Congress passed the Judiciary Act of 1789 and the Federalist and former Secretary of State Edmund Jennings Randolph was appointed as the first Attorney General.

The United States Attorney General (AG) is the head of the United States Department of Justice (see 28 U.S.C. § 503) concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government. The attorney general serves as a member of the president's cabinet, and is the only cabinet department head who is not given the title secretary.

The attorney general is nominated by the President of the United States and takes office after confirmation by the United States Senate. He or she serves at the pleasure of the president and can be removed by the president at any time; the attorney general is also subject to impeachment by the House of Representatives and trial in the Senate for "treason, bribery, and other high crimes and misdemeanors."

The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments." Only in 1870 was the Department of Justice established to support the attorney general in the discharge of his responsibilities.

Since AG Randolph was appointed we have had 81 Attorney Generals — some good, some bad, some charismatic, but most unknown to most of us today. If I were to ask who Edward Bates or Richard Olney were I would venture you would not know. On the other hand if I asked if you knew who Edwin M. Stanton, Alexander Mitchell Palmer, Francis Biddle, Robert F. Kennedy, or John Mitchel were most educated Americans would get that question correct of Jeopardy.

Three of the worst AGs in American history come to mind: Alexander Palmer (Wilson), Janet Reno (Clinton), and the worst being our current Attorney General Eric Holder.

Prominent voices from both sides of the aisle are calling for embattledturleyjfisa Attorney General Eric Holder to resign as America’s chief law enforcement officer. Even those on the left have abandoned him. Holder has presided over a “comprehensive erosion of privacy rights, press freedom and due process,” according to liberal professor Jonathan Turley

In his May 29th column in USA Today Turley said:

“Recently, Attorney General Eric Holder appeared before the House Judiciary Committee to answer questions about the administration's sweeping surveillance of journalists with the Associated Press. In the greatest attack on the free press in decades, the Justice Department seized phone records for reporters and editors in at least three AP offices as well as its office in the House of Representatives. Holder, however, proceeded to claim absolute and blissful ignorance of the investigation, even failing to recall when or how he recused himself.

Yet, this was only the latest attack on the news media under Holder's leadership. Despite his record, he expressed surprise at the hearing that the head of the Republican National Committee had called for his resignation. After all, Holder pointed out, he did nothing. That is, of course, precisely the point. Unlike the head of the RNC, I am neither a Republican nor conservative, and I believe Holder should be fired.”

While Prof. Turley makes a case for Obama firing Holder I think it’s a liberal’s way of brushing the issue of government overreach and abuse of power under the rug in the Oval Office and a way for Holder to eat Obama’s sins.

Here are a few reasons why Holder should not be fired:

(1) If Holder is culpable, let him face investigation and the legal consequences for his actions. If he is not, let him keep his job. Resignation is an unsatisfying compromise that leaves the American public without the answers we deserve.

(2) This is no time for him to ride off into the sunset. Resignation wouldJustice Holder allow him to disappear over the horizon and return to private life. The press will move on to the next kerfuffle du jour, and the American people will lose interest in what he may or may not have done while serving as attorney general.

(3) Resigning would immediately reduce his accountability. Resignation would make it easier for Holder to claim he no longer has access to key information. When congressional committees seek answers to the many unanswered questions, Holder can claim that he doesn’t know and that he no longer has access to relevant information.

4) We don’t need any more obfuscation. Holder’s resignation would give political cover to the administration’s erosion of privacy rights, press freedom and due process. The federal leviathan now has unprecedented access to health information, thanks to the behemoth of bad legislation known as ObamaCare.

Freedom of the press goes the way of individual privacy. Outrageous incursions — obtaining phone records of editors and reporters at The Associated Press, the electronic monitoring of Fox News reporter James Rosen — together with Holder’s denials before the House Judiciary Committee that he was not involved in either incident prompted Obama to ask Holder to investigate himself.

And remember that bit in the Fifth Amendment about no person being “deprived of life” without “due process of law”? I missed the part where it says “except in the case of drone strikes.” Waterboarding non-citizen, enemy-combatant Jihadis makes the president evil, whereas vaporizing U.S. citizens from the sky makes the president a hero.

5) Atonement requires more than just a sacrificial lamb. Holder should not resign because that will allow the left to claim that he was a rogue attorney general and that his boss bears no responsibility for his misdeeds. It will allow Obama to escape making the tough public decision to fire him for cause, and it would give Obama an easy way out.

Obama faces a watershed moment in his presidency. From Benghazi to the IRS scandal to the AP and James Rosen investigations to the NSA’s surveillance of the entire population, the American people have innumerable unanswered questions about this administration’s approach to the rule of law.

Obama promised the most transparent administration ever. He claimed he would bring “an unprecedented level of openness in government” that would “work together to ensure the public trust and establish a system of transparency.”

He promised transparency. He delivers opacity, blocking investigations of wrongdoing. He promised “a review of government regulations” to find and “fix” rules unnecessarily burdening business. He delivers a one-way ratchet on federal governmental expansion at the inevitable expense of individual freedom.

The issues posed by the current epidemic of current and developing scandals cannot be solved by the resignation of Eric Holder, Lois Lerner, Cheryl Mills, Michael Morell or anyone else. We need to keep the public spotlight shinning on these dark corners of our administrative state.

Barack Obama wasn't an average citizen before moving into 1600 Pennsylvania Avenue. He was a senator. He was on the Foreign Relations Committee and had access to classified information — all the more reason to believe that he knew that the terror threat was not cynical “fear mongering' by President Bush. When Bush engaged in data mining, he was “undermining our constitution and our freedoms.” When Obama does it, he is “striking the right balance” between security and freedom.

The president assures us that “no one is listening to our phone calls,” and that may be true. But this administration also assured us that no sweeping data collection on American citizens was going on, that the IRS was not unfairly singling out conservatives, that the Justice Department had not attempted to prosecute journalists, and that the Benghazi attack was the response to a video.

According to the latest Fox News poll two-thirds of American voters (66 percent) think the Internal Revenue Service targeted conservative groups as part of a high-level operation to punish political opponents. Far fewer — 23 percent — think it was a mistake by a handful of lower-level IRS employees.

More than three-quarters of voters (78 percent) want Congress to continue to investigate the IRS. That’s a bit higher than the number that thinks Congress should continue to investigate the Justice Department seizing journalists’ records (76 percent) and the Obama administration handling of the attacks in Benghazi (73 percent).

Holder’s resignation would make things easier on this administration. And that’s the last thing we need if we want to return to constitutional government.