Government Archives

Friday Link Wrap-up

"The nation’s Social Security and Medicare programs are sliding closer to insolvency, the federal government warned Monday in a new report underscoring the fiscal challenges facing the two mammoth retirement programs as baby boomers begin to retire." (And some think that making Medicare required for everyone is the solution. Only in Washington is failing on an even larger scale considered success.)

FALSANI:
What is sin?
OBAMA:
Being out of alignment with my values.
FALSANI:
What happens if you have sin in your life?
OBAMA:
I think it’s the same thing as the question about heaven. In the same way that if I’m true to myself and my faith that that is its own reward, when I’m not true to it, it’s its own punishment.
(What brand of Christianity does this represent?  Honestly, I have no idea. Read the whole interview.)

“Nice work, occupiers,” tweeted Jeremy Tooker, owner of the popular Four Barrel Coffee. “You made me leave my sick kid at home to go clean paint bombs off my windows. That’ll show Wall Street, fellas.” (More May Day Occupy Wall Street madness at Yourish.com.)

"For activists and Christians opposed to the so-called Israeli occupation, two key votes by the United Methodists will certainly serve as a discouragement. On Wed., May 2, the denomination twice voted to reject resolutions that called for a divestment from companies accused of assisting Israel in the ongoing dispute over Middle Eastern lands." (The UMC cares for both the Jews and the Palestinians, and won’t blame one side for violence from both. Good for them.) (Oh, and on May 1st, "A Qassam rocket was fired from the Gaza Strip and exploded in an open area in Ashkelon Coast Regional Council.")

And finally, Economics 101, from Chuck Asay. (Click for a larger version.)

North Carolina will be voting on an amendment to the state constitution that will define marriage as one man and one woman. It’s too bad that something so engrained in cultures worldwide must now have its obvious definition written into the overarching legal document for states, but since there are those that now wish to redefine it legally, it’s something that must be done.

In Georgia, we saw how, even though there were already laws against same-sex marriage, the same-sex marriage proponents sought to get around this by using the courts to declare the law unconstitutional. To preempt that here, a constitutional amendment was proposed and passed. Now North Carolina is doing the same thing, but those against the amendment are arguing…well, not arguing, really, just casting aspersions. Mark Duffy, writing for Buzzfeed says this:

The state already doesn’t "recognize" same-sex unions. That apparently isn’t a strong enough statement for North Carolina lawmakers.

This is not about statements or posturing. It’s because those promoting same-sex marriage have changed the battlefield from the legislature to the courts. And each time they get met on that battlefield, they whine about it and make assumptions about their opponents. These are not the actions of people appealing to your mind or reason, but to your emotions and, ironically, to hate of those they disagree with.

This is further exhibited by the commenters on the page. I noted the legal reasoning that the NC lawmakers might have, paralleling it with what I had seen here, and was immediately accused of deliberately twisting the facts. Except that the facts are historically verifiable. Nothing was twisted. Check out the comment thread. A very eye-opening read.

Defending the Indefensible

That’s what Byron York thinks is the job of the Obama administration’s solicitor general, Donald Verrilli. First it was ObamaCare, now it’s the Arizona illegal immigrant laws. John Hinderaker notes some of the disconnects that Mr. Verrilli is desperately trying to connect.

Justice Sotomayor was commenting here on an extraordinary aspect of the Obama administration’s position, to the effect that it is OK if individual Arizona law enforcement officers decide to cooperate with federal immigration authorities, but if the state directs them all to cooperate, it is somehow unconstitutional. The Obama administration literally argued that for a state to engage in “systematic cooperation” with the federal government on immigration is unlawful. We can’t blame Mr. Verrilli for his inability to sell that bizarre argument. We do blame Barack Obama and Eric Holder for trying to assert it.

Of course, what is going on here is that the Obama administration doesn’t want to enforce the immigration laws that Congress has enacted. The essence of its position in the Arizona case is that the federal government has the right to decide not to enforce the law, and if it so decides, then no state has the power, under the Constitution, to do anything that would tend to enforce those federal laws. So if the Obama administration decides that it will gain political advantage by ignoring federal laws against illegal immigration, states like Arizona just have to take the consequences without complaining.

Mr. Verrilli has to twist himself in knots to try to defend the indefensible; a government that chooses which laws to enforce and which to ignore, and which want to force states to tow their particular line. The states will have none of that, and this case will determine whether the federal government can, indeed, actually legislate by ignoring laws it doesn’t like.

An End Run Around the Constitution

Remember when George W. Bush was "shredding the Constitution"?

As a senator and presidential candidate, [President Obama] had criticized George W. Bush for flouting the role of Congress. And during his first two years in the White House, when Democrats controlled Congress, Mr. Obama largely worked through the legislative process to achieve his domestic policy goals.

But increasingly in recent months, the administration has been seeking ways to act without Congress. Branding its unilateral efforts “We Can’t Wait,” a slogan that aides said Mr. Obama coined at that strategy meeting, the White House has rolled out dozens of new policies — on creating jobs for veterans, preventing drug shortages, raising fuel economy standards, curbing domestic violence and more.

Each time, Mr. Obama has emphasized the fact that he is bypassing lawmakers. When he announced a cut in refinancing fees for federally insured mortgages last month, for example, he said: “If Congress refuses to act, I’ve said that I’ll continue to do everything in my power to act without them.”

Aides say many more such moves are coming. Not just a short-term shift in governing style and a re-election strategy, Mr. Obama’s increasingly assertive use of executive action could foreshadow pitched battles over the separation of powers in his second term, should he win and Republicans consolidate their power in Congress.

Congress is as much a part of the Constitution as is freedom of speech and the Commerce Clause. Yet Obama is willing to do an end-run around the representatives of the people. Isn’t that what Democrats have accused corporate interests of doing? Bribing Congress and ignoring it both result in a less representative government. But since he’s a Democrat, then it’s OK with those Occupy Wall Street types.

And the media, predictably, are defending him.

Mr. Obama got fed up, finally, last fall, according to Mr. Savage’s article, and the result was the “We Can’t Wait” project, which has led to dozens of executive actions on a range of issues, including jobs for veterans and fuel economy standards.

Unlike the Bush/Cheney team, Mr. Obama did not take office with the explicit goal of creating new powers for the presidency. That was not part of his agenda. Moreover, his executive actions often are more modest in their effect than the White House’s public relations team might admit.

Government by executive order is not sustainable in the long-term. Nor is it desirable, whether you agree or disagree with those orders. But in this particular case, there may be no alternative.

"He didn’t mean to, but this nasty ol’ Congress just won’t bow down and do his bidding, so there may be no alternative." I would remind Democrats that there are more Republicans in Congress precisely because he got his way so much when Democrats had bigger majorities. By doing an end-run around Congress, he’s trying to nullify the results of the last mid-term election; your votes.

For the Left, it’s not so much about principle as it is about politics.

Friday (well, Monday) Link Wrap-up

Being on a business trip for a week makes it hard to keep up with blogging. And being on the US west coast helps with the realization that the world doesn’t revolve around Eastern time.

On with the links.

Obama is invoking Reagan a lot these days, trying to promote his agenda. But as Steven Hayward notes, Obama takes Reagan’s words out of the context of the politics and the times in which they were spoken.

Just prior to Reagan, Jimmy Carter worked with the dictatorship of North Korea to send food in return for not pursuing  nukes. In light of the recent (failed) N. Korea missile launch, you have to wonder why we thought it was a good idea to strike bargains with megalomaniacs.

The Hillary Rosen remarks, condemning Anne Romney for being a stay-at-home mom tipped the hand of the Democrats as to what they really think of women who make that choice. (Because, as with everything else from the Left, it’s not about the principle so much as it is the politics). On the Right, some were suggesting that we don’t need to worry about this because it means stooping to their level to respond to "Rosen-gate". But Ben Howe points out that, yes, this issue is worth our time and effort to respond to.

Irony Alert: For the third year in a row, Democrats punt on the budget, while at the same time accusing the Paul Ryan budget of being irresponsible.

Abortion as religion, with Planned Parenthood writing the prayer book.

Friday Link Wrap-up

A federal government out of control. Without any evidence, Attorney General Eric Holder took a woman to court for obstructing the entrance to an abortion clinic. The judge threw out the case and ordered the government to pay $120,000 to the woman. Yes, it’s good that the woman was compensated, but this case should have never gone to court.

I think Julian Assange has been irresponsible for dumping secret data that, in many cases, has put lives at risk or tipped our hand to enemies. Still, it’s nice to know that, in all that, George W. Bush has been vindicated in his handling of the Iraq/WMD situation.

I agree with the sentiment that the teen’s shirt said, "Jesus Is Not A Homophobe". However, I also think that the folks he thinks need that message aren’t, for the most part, homophobes either, if, by "homophobe" you mean "someone who agrees with 2000 years of Christian teaching".

Global Warming Update: "The number of [polar] bears along the western shore of Hudson Bay, believed to be among the most threatened bear subpopulations, stands at 1,013 and could be even higher, according to the results of an aerial survey released Wednesday by the Government of Nunavut. That’s 66 per cent higher than estimates by other researchers who forecasted the numbers would fall to as low as 610 because of warming temperatures that melt ice faster and ruin bears’ ability to hunt."

James O’Keefe is at it again. He, a white guy, to prove that voter fraud really is simple, something that Attorney General Eric Holder denies, was able to (almost) vote in the primary as Eric Holder himself, a black guy. Extremely easy.

An atheist who threatened to sue over a Nativity scene, was helped in his time of need by the very Christians he had threatened. Result: He’s now a Christian preparing to enter the  ministry.

John Stossel, libertarian and (when he was at ABC News) a contrarian in the media, describes the liberal bias at his old network.

Ever since Jimmy Carter got snookered by giving food to North Korea in exchange for an empty promise not to pursue nukes, we keep hoping that they’ll change their mind about belligerence if we bribe them well enough. It hasn’t worked, and it won’t work. A dictator that will spend who knows how many millions on a missile program while his country starves is patently not concerned about his people. Period. No amount of appealing to his better nature will change that. Now that N. Korea has test launched (what Rick Moore calls) a "three-stage artificial reef", now we’re serious. Now we mean business. Well, I’ll believe it when I see it.

Civility Watch: "Moderate Caucus" chairman, a Democrat, tweets, "Cheney deserves same final end he gave Saddam. Hope there are cell cams."

Everyone’s Going To Need ___

"Everyone’s going to need healthcare, so Congress can force you to buy it", or so says President Obama in defense of the individual mandate. So my question is: what else is everyone going to need, such that he can force certain choices on you?

I’ll start:

  • Everyone’s going to need food.
  • Everyone’s going to need a casket.

Post yours in the comments.

President Barack Obama vs. History

The President said something yesterday that just goes against 200+ years of American history, including the notion of the separation of powers and the responsibility of the judiciary. But first, some of that history.

The famous Supreme Court case Marbury v. Madison set up what was the primary purpose of the US Supreme Court. From Wikipedia:

Marbury v. Madison, 5 U.S. 137 (1803) is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring it "unconstitutional". The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.

To repeat, this was the "the first time in Western history a court invalidated a law by declaring it ‘unconstitutional’." Pretty big deal. And it’s one that the Court has exercised many times in the past. From Answers.com:

Unconstitutional and Preempted Laws 1789-2002
According to the GPO (Government Printing Office Database):

1789-2002 Acts of Congress Held as Unconstitutional…………………………158

1789-2002 State Statutes held unconstitutional………………………………..935

1789-2002 City Ordinances held unconstitutional………………………………222

1789-2002 State and City laws preempted by Federal laws…………………..224

Total State, Local and Federal Laws Declared Unconstitutional…………….1,315

Total State and Local Law Preempted by Federal Laws…………………………224

Total Laws Overturned, all governments……………………………………….1,539

Now, this table of figures is being quoted all over the Internet today, with the source being Answers.com, and the Answers.com page does not have a link back to its source information, so take these figures with a grain of salt. But regardless of the specific numbers, we do know that the Supreme Court has struck down laws as unconstitutional before. That is, after all, the purpose that Marbury v. Madison gave it 209 years ago.

With that in mind, let’s listen in on a statement made to the press yesterday regarding the ObamaCare case before the Supreme Court.

"I am confident the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically-elected congress," President Obama said at a White House event in the Rose Garden today.

"I just remind conservative commentators that for years we have heard the biggest problem on the bench was judicial activism or a lack of judicial restraint. That an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example and I am pretty confident that this Court will recognize that and not take that step," Obama said to the White House press.

"Unprecedented." Really? "Extraordinary." Is that so? Even if we did not have that table of numbers above, few of us would really believe that, until now, the court has never struck down a law because it is unconstitutional.

And Dave Kopel at the Volokh Conspiracy blog has an answer for those sticklers who would say that the President was speaking specifically about "a law that was passed by a strong majority of a democratically-elected congress".

President Obama can call legislation enacted by a vote of 219 to 212 a “strong” majority if he wishes. But there is nothing in the Constitution suggesting that a bill which garners the votes of 50.3% of the House of Representatives has such a “strong” majority that it therefore becomes exempt from judicial review. To the contrary, almost all of the 165 federal statutes which the Court has ruled unconstitutional had much larger majorities, most of them attracted votes from both Democrats and Republicans, and some of them were enacted nearly unanimously.

[Note: His number of 165 is through 2010, and comes from a GPO document that he does link to, but it doesn’t have a nice table of figures to show that. Kopel’s post is worth reading the whole thing. Also, I honestly titled my blog post before reading his entry. Really.]

The striking down of ObamaCare would not, as the President claims, be a case of "judicial activism"; a term I think he is just employing to try to get a dig in at conservatives and throw some red meat to his supporters. In striking down this law, the justices would not be finding new rights in the Constitution; they would be establishing that the Constitution says only what it says and nothing more. In fact, it is Congress and the President being unprecedented here, insisting that the power to regulate commerce between the States includes the right to compel someone to enter into a contract. "Compulsory contract" is an oxymoron, and the court ought to hold Congress at least to what makes logical sense.

Further, the President already knows that the Supreme Court strikes down laws, because he’s lobbied for it before. From Kopel:

It would not be unfair to charge President Obama with hypocrisy given his strong complaints when the Court did not strike down the federal ban on partial birth abortions, and given his approval of the Supreme Court decision (Boumediene v. Bush) striking down a congressional statute restricting habeas corpus rights of Guantanamo detainees…. The federal ban on abortion, and the federal restriction on habeas corpus were each passed with more than a “strong” 50.3% majority of a democratically elected Congress.

The President is trying to intimidate the Court and garner some modicum of public support by lying about history. This from a guy who was a Constitutional law professor senior lecturer. It’s incredibly disingenuous and outright dishonest. But will anyone on his side of the aisle call him on it?

Friday Link Wrap-up

It has been said that we’ve not had global warming on the scale that we have it now, and therefor this time around it must be human-induced. The Medieval Warming Period, it is said (and reiterated by the IPCC), was merely localized and therefore can’t be compared with today. New evidence, however, shows that indeed the MWP was felt as far away as Antarctica. Not exactly localized.

Taxing the rich rarely lives up to expectations of the amount it will bring in. That’s because the rich have many options of where to put their money. Cause pain in one place, the cash moves to another place. (Some on the Left will inevitably say that this makes the case for a global tax. Well, when our government can’t get by on $4 trillion a year, it’s not the fault of the rich.)

A crowd larger than any OWS gathering protested in San Francisco, but the media ignored it. Why? (Wait for it…) Because they were religious people protesting Obama. Some news is clearly more newsworthy than others. Oh, that liberal media.

Liberals were so absolutely sure that their view of the "living" Constitution was right, they were predicting a near-slam-dunk for them in the Supreme Court over ObamaCare. But exhibit A of how they simply failed to take seriously the arguments against it is Jeffrey Tubin of CNN. He was sure it would be 7-2 or even 8-1 in favor of the ACA, and was just gobsmacked after day 2. Why? The very same arguments used against ACA had been out there for months. But the news wouldn’t give it adequate coverage. Mr. Tubin, you could blame CNN for your ignorance. But then, that would mean you have no responsibility as a journalist to find it out for yourself. Oh, that liberal media.

And finally, something for the "separation of church and state" crowd. A US Army issued New Testament with a letter from the President recommending that soldiers should read it.

Does Expediency Trump Constitutionality?

Josh Marshall, big time blogger of the Left, seems to think so. In his short summary of yesterday’s SOCTUS proceedings, he complains thusly.

But what struck me more was how the the critical questions from the conservative bloc on the Court grappled so little with the actual economic role of health care provisions in society and the systemic market failure. These would seem to be precisely the issues the Commerce Clause is meant to address. Simply because the problem is serious doesn’t mean every possible solution is constitutional. But again, no real grappling with the practical issues the law was meant to address but rather a hyper-focus on academic and ideological points.

Does the Left really think that constitutionality can be overlooked if we really, really want the law? If so, then we have no Constitution. These concerns he calls "academic and ideological". When did keeping with the law, and the foundation of our laws, become merely academic and ideological?

Friday Link Wrap-up

If celibacy is to blame for the sexual abuse in the Catholic church, how does that explain the continuing abuses in the public schools? (Hint: it doesn’t.)

Here are 4 hard truths of health care reform. (Hint: if they promised something, it’s generally not going to happen.)

"[I]f you come down hard on Limbaugh because he has crossed a line, you must come down hard on Schultz and Maher because they have crossed the same line…." (Hint: Schultz and Maher supporters haven’t.)

New York City Mayor Bloomberg, not content with nannying the well-off on what they can and can’t eat at restaurants, now is denying food to the homeless because it might be too salty. (Hint: That’s not compassion.)

If they had been Republicans, this would have been racist. (Hint: They’re Democrats.)

Is Zionism humanitarianism? (Hint: Yes.)

The "Buffett Rule" is a Ruse

Even with Warren Buffett’s new tax policy idea, wherein he’d pay a higher tax rate, the continuing deficit dwarfs it.

Once again, the issue is not that we’re taking in too little in taxes. We can’t take in enough to cover the deficits. We must start cutting spending in a serious way.

If Bush had said it…

From HotAir, apparently President Obama thinks the price of oil is hovering around $1.25 a barrel. Per his speech to Sempra Energy,

We have subsidized oil companies for a century. We want to encourage production of oil and gas, and make sure that wherever we’ve got American resources, we are tapping into them. But they don’t need an additional incentive when gas is $3.75 a gallon, when oil is $1.20 a barrel, $1.25 a barrel. They don’t need additional incentives. They are doing fine.

Yet this snip from oil-price.net shows the price to be hovering about 100 times that amount.

Honest mistake or intentional gaffe that leaves the impression that oil companies are gouging and, consequently, do not need government subsidies?

No, US Health Care Isn’t Broken

I’ve heard these statistics elsewhere, but not all in one place. So here’s an article doing just that. It tackles the myths about health care in the United States that ObamaCare was so necessary to fix.

  • The U.S. spends too much compared to other countries.
  • Other countries are doing better at controlling health spending growth.
  • The U.S. has abysmal infant mortality rates.
  • The U.S. has abysmal average life expectancy.
  • The U.S. has worse health outcomes.

The stats have been manipulated to make the US sound far worse than it really it. In most cases its standing is better rather than worse, and in the rest it on par, if slightly lower, than other countries when comparing apples to apples. And in one case — life expectancy — the numbers used include issues that don’t relate to health care at all.

Read the whole thing. (It’s short.)

Links for Thursday, 8 March 2012

October Baby
“Every life is beautiful”

From Brett Kunkle,

Mark your calendars for March 23. That’s when a new movie, October Baby, will hit movie screens. I was able to preview the film last week and suggest you go see this one in the theater. I’ll be up front, it is a strong pro-life movie dealing head-on with abortion. But it was powerful and compelling, without being preachy. The message comes through loud and clear, but in a way that stirred my soul (yes, yes…I cried like 4 times — it was intense). And ultimately, the message is hopeful.

Trailer here.

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Tatts for Jesus! Except…
these are done FOR Lent.

From Joe Carter,

Although Christians have been getting inked for centuries, the recent rise in popularity and mainstream acceptance of tattoos is leading many Christians to reflect on the meaning and prudence of the practice.

“Nearly 40 percent of young adults aged 18-28 have tattoos now, which is more than four times the number in the Baby Boom generation,” noted Matthew Lee Anderson in his book Earthen Vessels: Why our Bodies Matter for our Faith. “While tattoos mark a desire for significance within a destabilized world, they are a live option for most young people precisely because we have not escaped the clutches of the consumerism and the individualism that are so often criticized.”

From CNN,

In a hip, artsy, area of Houston, a hip, artsy pastor is taking an unorthodox approach to Lent.

He asked them to get tattoos. Specifically, he asked congregants to get a tattoo corresponding with one of the Stations of the Cross, the collection of images that depict scenes in Jesus’ journey to his crucifixion.

Another member of Ecclesia, Joyce O’Connor, channeled her family when she was deciding what station of the cross to get tattooed onto her body. O’Connor, who has one biological child and two stepchildren, connected with the fourth station, Jesus meeting his mother.

“I am a mother and in just a minuscule way can relate to how Mary must have felt,” O’Conner said.

“The tattoo captured me and I love it,” she continued. “When I think of that image, I don’t feel tragedy or sadness because I know how the story ends and it makes me smile.”

Permanent images on your body using Biblical imagery as a metaphor for what has happened in your life?

It seems to me that this is nothing more than a carnal attempt at personalizing scripture or, in these cases, Biblical notions.

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Could this be an Introvert’s weapon of choice for fighting smalltalk?
From Engadget,

Silence is golden, so there are plenty of times when it’d be awfully convenient to mute those around us, and a couple of Japanese researchers have created a gadget that can do just that. Called the SpeechJammer, it’s able to “disturb remote people’s speech without any physical discomfort” by recording and replaying what you say a fraction of a second after you say it. Why would that shut up the chatty Cathy next to you? Delayed auditory feedback (DAF) is based on an established psychological principle that it’s well-nigh impossible for folks to speak when their words are played back to them just after they’ve been uttered.

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Postscript to the Open Letter to Praise Bands
Excerpts,

1. Worship is not only expressive, it is also formative. It is not only how we express our devotion to God, it is also how the Spirit shapes and forms us to bear God’s image to the world. This is why the form of worship needs to be intentional: worship isn’t just something that we do; it does something to us. And this is why worship in a congregational setting is a communal practice of a congregation by which the Spirit grabs hold of us. How we worship shapes us, and how we worship collectively is an important way of learning to be the body of Christ…

2. Because worship is formative, and not merely expressive, that means other cultural practices actually function as “competing” liturgies, rivals to Christian worship. …The point is that such loaded cultural practices are actually shaping our loves and desires by the very form of the practice, not merely by the “content” they offer. If we aren’t aware of this, we can unwittingly adopt what seem to be “neutral” or benign practices without recognizing that they are liturgies that come loaded with a rival vision of “the good life.” If we adopt such practices uncritically, it won’t matter what “content” we convey by them, the practices themselves are ordered to another kingdom. And insofar as we are immersed in them, we are unwittingly mis-shaped by the practices.

Read it all.

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Yes, conservative women do get more of the “Rush-treatment”

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Heh. Funny. Very funny.

030612
© Day by Day

I would have never thought of this, but then, I have a difficult time understanding the entitlement mentality.

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