Thursday, September 30, 2010

Alan Grays Says he Loves ... Satan?

Here a satire done by Townhall on Alan Grayson's dishonest campaign ads:

It would serve Grayson right it this ran for real.  Of course, Daniel Webster is too honorable to do such a thing.  He is not like his opponent at all.

US Constitution Series, Amendment XIV

Amendment XIV. Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection

SECTION. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

SECTION. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

SECTION. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

SECTION. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

SECTION. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Section 1 is the subject of frequent court cases and is at the center of a current illegal immigration controversy. Section 1 contains the "due process" language that has been interpreted to extend the people's fundamental rights recognized in the Bill of Rights (the first ten amendments) to bind the states to recognize those rights. Before this amendment, it was thought that the Bill of Right bound only the national government.

In the recent Supreme Court case of McDonald v. City of Chicago, counsel for Mr. McDonald focused on the "privileges and immunities" language to extend Second Amendment rights to the states, but the decision used the standard "due process" clause reasoning to say that the states had to recognize the Second Amendment right to keep and bear arms.

Books could be and have been written on this amendment alone. Sections two, three and four are not often discussed and relate primarily to issues arising from the Civil War. Section 2 was intended to discourage Southern states from keeping Black citizens from voting.  Section 3 creates a disability from rebels holding office, but only if the person had taken an oath to support the Constitution before the rebellion. This was obviously aimed at members of Congress who supported the Confederacy during the Civil War to prevent them from returning to Congress.

Section 4 forbade the payment of debts of the Confederacy and forbade the questioning of public debt incurred by the Union to fight the war. Today, though, this section may be cited if the debt continues to spiral. It would prevent the government from repudiating debt and simply walking away.

Wednesday, September 29, 2010

Waiting for Superman Trailer

Of course the National Education Association and the American Federation of Teachers have joined with the Communist Party USA on Saturday for a rally in Washington. Those unions are not about educating children to be the best they can be. They are about indoctrinating children to be good ... communists?

On Saturday, I'm ignoring them and watching the Ohio State football game.

National Debt

From the moment George Washington took the oath of office until Obama did, America had borrowed $9 trillion. Under Obama, it has borrowed $3.2 trillion more, in less than two years.
Dick Morris and Eileen McGann writing on National Review Online

Subpoenas to Come

If the House goes Republican in November, expect subpoenas according to Politico:
House Minority Leader John Boehner threw his full support behind Rep. Darrell Issa’s (D-Calif.) plan to bombard the Obama administration with subpoenas if Republicans take back the House in November.

“I think Congress has an appropriate role under the Constitution to provide oversight of the executive branch. And I would pledge that it’s going to happen,” he told reporters Wednesday.
One of the subpoenas should be to Hawaii Department to Health officials for Barack Obama's original birth record, just to put the whole Birther controversy to bed. I have no doubt that the record is there and will prove once and for all that Barack Obama was born in the United States. Let's shut the birthers up about it.

Of course if my theory is correct, the record will show that the religions is listed as Muslim. We all know President Obama's father was a Muslim. So what? President Obama has not been a practicing Muslims for years. He has for many years professed to be a Christian. The point is that the Obama folks should no longer fear that notation on his birth record.

There is plenty to dislike about President Obama's far left leanings. Stop the chatter about the birth record.

Bearded Marxist Christ Coons Promises to Be Harry Reid's Pet

In a fund raising letter to supporters, Bearded Marxist": Chris Coon running for the Senate in Delaware promises to be a reliable Democrat vote for all things Democrat in the lame duck session to follow the mid term election. He us running for the seat vacated by Gaff-a-Day Joe Biden and if he ins, he will be seated immediately after the election. (If Christine O'Donnell wins, there is no telling how long the Democrat leadership will stall seating her.)

Mr. Coons's fund-raising letter is essentially a promise to become Harry Reid's pet, as Harry Reid himself predicted. Chris Coons has denied that he would occupy pet status, but obviously his fundraising letter says otherwise.

Just another Democrat lying to get elected, I guess.

By the way, he denies that he really was a Marxist:
“I'm not a Marxist, I've never held Marxist ideas,” he said. “I believe strongly in the free enterprise system and have worked hard for eight years in one of Delaware's most innovative, private sector manufacturing firms and have a good and strong working relationship with the private sector as county executive.”
Do you believe him? Or is this just another lie to get elected?

The Benefits of a California Public Education


Don't assume YOUR state is any better. And these people may actually vote.

Communist Party USA Event Praised by Obama's Organizing for America

In the unlikely event that any reader of THIS blog is surprised, the so-called One Nation event on Saturday in Washington is co-endorsed (partnered, they say) by the Communist Party USA.  The event has been praised by Obama's Organizing for America.  What a surprise! [heavy sarcasm.]

We should not be surprised that co-endorsers include all manner of labor unions, showing their true colors.AFL-CIO, American Federation of Teachers, Communication Workers of America, SEIU (of course), American Association of University Professors, American Federation of Government Employees, American Federation of Television and Radio Artists, and on and on.

Did I mention the COMMUNIST PARTY USA?

And they want to claim that the tea parties are extremists.  The Communist Party USA?!!

Erik Scott Inquest Concluded; Jury Finds Shooting Justified

I am not surprised at the jury verdict after following the testimony.

The testimony is reasonably consistent that Mr. Scott raised the gun above his waist holding the gun by the handle, but in a cloth holster that he could have shot through. Any CCW permit holder in Nevada (I was trained in Nevada) learned among other:things:

1. Never point the gun at anything you do not intend to destroy.
2. If you are interacting with police, do not touch your gun under any circumstances without asking and receiving permission to do so.

By pointing the gun, the police had a right to assume that Scott was going to shoot.

Scott may have been impaired and not thinking clearly. Scott may not have intended to shoot. Scott's internal intentions do not matter. What matters is what he actually did and what the police reasonably believed as a result.


Of course, as the Scott family will point out, the coroner's inquest tells only one side of the story. It was not an adversary proceeding, where both sides present their conflicting points of view. Mr. Scott's lawyer had no opportunity to question (cross examine) the witnesses. Although from the news reports, it appears that the prosecutor tried to present the case fairly, I am sure that questions remain in the minds of the Scott family and their lawyer. We'll see, but the case right now looks pretty solid for a justifiable homicide by the police.

US Constitution Series, Amendment XIII

Amendment XIII. Slavery and Involuntary Servitude

SECTION 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

SECTION 2. Congress shall have power to enforce this article by appropriate legislation.

Tuesday, September 28, 2010

Federalist Papers

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.

Alexander Hamilton, Federalist No. 62, 1788
Did anyone tell Congress about this?

Old News: Al and Tipper's Divorce Explained


How Cities Attract Job: Lower Taxes and Less Red Tape

Lower taxes and less red tape.  That is how cities attract businesses that produce jobs.  It all seems so simple, but when a city is addicted to more and more revenue, it can lose sight of the simple formula that works.

Drew Carey is trying to save the city that refuses to be saved.

Notice the city council man who is proud of helping a small business owner cut through the red tape.  The small businessman had bee trying for ten years.  The councilman cuts that down to to a year and a half more.  He is proud of that accomplishment.

Contrast that with Houston.  A Belgian company moving into town gets its paperwork done ... in a day.

Will Chris Redfern Be Banned In California?

Chris Redfern, the foul mouthed chairman of the Ohio Democratic Party of Hate had better  avoid California during the first week of March.  Rather than pass an actual budget, the Democrat-controlled California legislature passed a bill making the first week of March "Cuss Free Week."

Wow.  Would you believe it?   California taxpayers are actually paying the members of the legislature pass that sort of landmark legislation.

What a slap in the face to the foul-mouthed Chris Redfern.  Come to think of it,, maybe Ohio needs to pass a cuss free campaign bill.

Alan Grayson "Despicable?" Judge for Yourself

We have previously reported on the apparently mentally ill Congressman, Alan Grayson D-FL here, here, here, and here.  If here were not an elected Congressman acting out his insane delusions, I would say just leave him alone to his personal hell.  But, he  will not simply go quietly to his padded cell.

Hotair calls him despicable.  Here is how Alan Grayson proves Hotair is correct.  First look at Grayson's attack ad on his opponent Daniel Webster.  Then look at the actual clip of Daniel Webster speaking, in context saying exactly the opposite of Grayson's loony out-of-context clip.

I understand that Grayson is a lawyer.  For this bald dishonestly, Grayson should be sanctioned if not disbarred.

Update: Grayson stands by the lies in his ad.

Further Update: It looks to me as if even Contessa Brewer thinks Alan Grayson is nuts. Watch:

Erik Scott Inquest Day Five

Yesterday, two Cosco employees described Erik Scott's demeanor the events leading to clearing the store and the shooting. Both described evidence of inebriation. One said that he stumbled into the conveyor at the cashier's station and commented to his girl friend that he was "F***ed up." According to the investigating detective, the autopsy revealed prescription drugs in Scott's system (but precisely what drugs is not clear to me.  Intoxicating drugs?).

Casings at the scene show that one officer fired four rounds, one fired three rounds and one fired one round. That suggests to me that all three officers assessed the threat as immediate.

The following may be the most significant testimony I read. One of the witnesses was Ronald Montgomery. Mr. Montgomery has worked in law enforcement for Homeland Security for 23 years. He said he felt the officers had no choice and had to shoot Scott. According to Montgomery, he saw Scott raise the gun and holster, holding the gun by the handle ("full grip"). Scott's finger was not on the trigger. Scott raised the gun from his waist to shoulder level. He did not comply with commands.

A gun in a fabric holster is a threat when the business end is pointed at someone. The gun can shoot through the holster.

The coroner dismissed the jury for the day.

US Constitution Series, Amendment XII

Amendment XII. Election of President

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President--The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
This amendment changed the system that allowed, even encouraged persons from different parties becoming President and Vice President.

Monday, September 27, 2010

Message For November


h/t Legal Insurrection

Erik Scott Inquest Days 3 and 4

The Erik Scott inquest continued Friday and Saturday.

On Friday, one witness's testiminy seems to reconciles other discrepant testimony as reported by 13ActionNews:
"I really think he was exasperated with the whole thing and wanted to hand the officer the gun, which is where the mistake was made," says Wentworth Eatherton, who noticed Scott's gun was secured in a holster, which means it couldn't have actually been fired. "After he was shot, as he slowly turned to fall, a triangular-shaped, fabric gun holder with a zipper, fell down about a foot in front of him."
According to this witness, Scott was trying to hand the officers the gun in the holster. The holster sounds like the typical inexpensive fabric holster, perhaps used for inside-the-waistband concealed carry (Scott had a concealed carry permit).

If Scott was trying to hand the police the holstered gun, it seems unlikely that the officer reasonably believed himself of the public in danger when he shot Erik Scott. The officer claims that Scott raised the gun and pointed it. On day 4, the following is reported by 13Action News:
Every one testified they saw Erik move his right hand towards his waist. It gets unclear as a few recall him pulling his gun out; pictures show the gun never left its holster.
If pictures show the gun never left the holster, the pictures support the testimony of Wentworth Etherton, quoted above. It would be tough for the officer to explain how, on a presumably bright, sunny day in Las Vegas, the officer could confuse a holstered gun with a upholstered gun being pointed at him.

Erik Scott is not completely blameless if he was lifting the gun, even holstered. He should have kept his hands empty and in plain sight. Handling the gun at all could result in an officer misinterpreting the action.

Some of the testimony focused on the actions of the police immediately after the shooting, which is probably not relevant to whether the shooting was justifiable. As reported by Fox5News:
"After that, nobody came up to check to see if he had a pulse," witness Edward Fishman said.

The inquest continues on Monday.

US Constitution Series, Amendment XI

Amendment XI. Suits Against States

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
This is a recognition of sovereign immunity of sorts enforced in the federal courts. There is nothing in this amendment prohibiting one state from suing another in the federal courts or prohibiting the federal government from suing a state in the federal court. For that matter, this amendment does not expressly prohibit the citizens of a state from suing their own state in a federal court.

Nothing prevents a state from providing for suits against that state in the state's own courts. Typically states are immune from suit unless they specifically permit the suit. State officers may be subject to suit in federal courts, as long as the suit is not found to be a suit that is really against the state. State officers are not considered to be acting within their lawful state authority if they are acting illegally, e.g. by violating the constitutional rights of a citizen. State officer may be enjoined in the federal court from violating the United States Constitution.

Federal statutes such as 28 USC sec. 1983 authorize suits for damages against state officers acting "under color of law" who violate individual constitutional rights. These are not considered suits against the states, but rather suits against state officer who have forfeited immunity by acting unlawfully. That is the theory anyway.

Friday, September 24, 2010

Redfern Proves: Ohio Democratic Party Officially the Party of Hate

I received another email from Chris Redfern who continues to be defiant about his hate speech in which he used profane language to describe the tea partiers. The email asks for $10 donations to support his hate-filled rhetoric and positions. Link here.

Ohio Democrats should be ashamed of this guy. At lest the Strickland campaign is distincing itslef form Mr. Redfern's foul mouthed, hate filled remarks:
Democratic Gov. Ted Strickland said he didn’t know specifics but called language such as that Redfern used “inappropriate.”

“We can be critical but we can also be respectful,” Strickland said.
Source: Dayton Daily News.

I cold not locate any statements by which Richard Cordray distanced himself form the hate-monger Chris Redfern. Is silence an endorsement of the hate? I hope not. I generally prefer Richard Cordray over the anti-gun Mike Dewine.

Erik Scott Inquest Day Two

Yesterday, the 911 tape was played at the inquest. Of significance, the officers would be heard shoulting for Scott to "Put your hands up, where I can see them. Drop it. Get on the ground. Get on the ground." (Source: 13Action News)

THe officer who did the shooting testified that he shot only after Scott faised his gun "above the plane" (meaning that the gun barrel was raised to horizontal. According to the officer, he was afraid for his life and the safety of the other customers, so he shot center body mass.

According to the account at 8NewsNow:
[Costco's store loss prevention supervisor Shai] Lierley says police were called and the store was evacuated. According to Lierley, he followed Scott and said he noticed he wasn't able to walk straight. Lierley said he saw police confront Scott. He says an officer grabbed Scott by the arm and Scott jerked away, drew his weapon and raised it at officers before being shot.

"When the officer makes first contact, when he puts his hand on Mr. Scott, Mr. Scott immediately pushes the hand off and at that time -- it's all of a sudden -- he came like this and grabbed his firearm," said Lierley.
The Scott Family's attorney Ross Goodman notes that the phyusical evidence after the shooting raises questions about the testimony. He said (apparently outside the jury's hearing since he is not an official participant):
"He was told to drop the gun, and he did exactly that," Goodman said. "You heard from the detective before that. The only evidence on the ground was a BlackBerry phone and a Kimber .45 still within the holster."
So far the news reports are not reporting testimony about the physical conditions at the scene after the shooting. Is it true that Scott's gun was still in its holster?

US Constitution Series, Amendment X

Amendment X. Reserved Powers

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
.In the Supreme Court, this amendment is cited mostly in dissents. This amendment is the linchpin for much of the tea party protests. There is a Tenth Amendment organization fighting to limit the power of the federal government based upon the Tenth Amendment.

Go here for a very interesting and entertaining speech on the need for states to exercise more power and stand up to the United States government, as Northern abolitionist states did in the fight against slavery.

Thursday, September 23, 2010

Cleveland Thinks Its Residents Are Stupid: Drew, Where Are You When We Need You?

The City of Cleveland thinks it has reseidents stupid enough to "voluntarily register" their hand guns. The registry serves no actual public need. No criminals are likely to register.

To make matters worse, the registration process is awkward:
Applicants will need to bring photo identification, specifically a government issued drivers license, passport, Ohio identification card, or military identification.

All applicants should bring all handguns unloaded and securely wrapped to the police district of their choice.

A police officer will verify the applicant's identification, verify the make, model. caliber, and serial number of the weapon and do a record check on the gun.
Why would anyone want to go to all that trouble to tell the City they have firearms for their self protection? Registration is a typical prelude to confiscation. Cleveland Residents, the City thinks you are too stupid to think this through.

The Buckeye firearms Association is organizing a postcard protest discussed here.

Cleveland offers no reason or incentive to register hand guns. Cleveland residents are urged to ignore this "voluntary registration." And vote out of office whoever voted for this dumb ordinance.

Congress Wants Our Homes More Hazardous

My iwfe and I went to the Ohio State Fair. In oone of the buildings, there was a display with a hand generator. Turn the crank and light the bulb. The crank was harder to turn lighting the incandescent bulb than the CFL bulb.

I told the young lady pushing the display that it was too bad the CFL bulbs were so dangerous, containing mercury. I told here that is why I did not want to have those bulbs in my house. Her expression? Clueless. And priceless.

As the Daily Caller reports:
Here’s the problem: CFLs contain mercury, which, in high concentrations, is poisonous. When a bulb is in use, it’s a non-issue, since the mercury is safely contained in the glass tubes. But when a light bulb comes to the end of its life, whether by natural or violent causes, things get tricky.

If a light bulb breaks, as The Daily Caller reported last week, you basically have to call out the HAZMAT team. Sometimes, light bulbs simply fizzle out and die. At which point you probably climb up on a ladder, unscrew the bulb, replace it with another one, and dump the old one in a trash can.
Congress wants us to use hazardous CFL bulbs in our homes? Morons.

Erik Scott Inquest Day One

I cannot attend Erik Scott's inquest and don't have the time to moniter it real time. I wish I could. All I can do is give some links and an outsider's view, as a lawyer myself. I understand that FoxNews5 is streaming the video of the inquest here.

We don't have coroner's inquests in Ohio. Apparently a seven member jury has been impaneled.
"The jury's role is to determine whether the death was justifiable, excusable or criminal. Excusable death is accidental, justifiable is self-defense or defense of another against action that is apparent or dangerous. Anything outside those two is criminal," said prosecutor Chris Owens.
Source: 8News Now, which has excellent print (and video) coverage of the first day. FoxNews5 also has interesting print coverage with some additional information not in the other reports.

Also from 8News Now:
Costco employee Colleen Kullberg took the stand late Wednesday and said she saw Scott as he was confronted by police outside the store. She says she saw Scott pull his gun from his waistband and aim it at officers before being shot.
If that evidence is believed, case closed. The shooting will be found to be justifiable. Even if there is contrary evidence, will the prosecutor present it? The Scott family, as I understand the process, has no opportunity to present witnesses.

There will be no surveillance video showing exactly what happened, because police say the hard drive was corrupted rendering the video unusable.

Other reports: 13Action News

Chris Redfern Spews Hate in Ohio

After the Ohio Democratic Party Chairman dropped the f-bomb to describe tea partiers there was a small media frenzy. Then the Ohio Democratic party sent out an email to its supporters refusing to apologize and spreading hate of the tea parties.

Christ Redfern is an unapologetic, foul-mouthed hater. He hates everything that the tea parties stand for: smaller government and less spending. Not only that, he hates the people who make up the tea parties. He deliberately incites hate of the people who support tea parties in his speech and in his email.

Any Democrat that follows Chris Redfrern's lead deserves to lose in November. This guy is about hating people who disagree with him, pure and simple.

US Constitution Series, Amendment IX

Amendment IX. Unenumerated Rights

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
This is the amendment that allowed the Supreme Court to find a fundamental right to privacy. Unfortunately that right to privacy has been twisted to overcome a an unborn baby's right to life.

Who knows what other unenumerated right may yet be found, such as a fundamental right to self defense?

Wednesday, September 22, 2010

Major Falsehood Media Exposed

Media to the Pubic: Are you going to believe us or your lyin' eyes!

Union Hypocrisy Abounds

From the Daily Show:

Working Stiffed
The Daily Show With Jon StewartMon - Thurs 11p / 10c
Daily Show Full EpisodesPolitical HumorTea Party

US Constitution Series, Amendment VIII

Amendment VIII. Further Guarantees in Criminal Cases

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The death penalty is not cruel or unusual punishment per se, but define "excessive." According to the United States Supreme Court in Industries of Vermont, Inc v. Kelco Disposal, Inc, 492 U.S. 257, 109 S.Ct. 2909, 106 L.Ed.2d 219 (1989), the "excessive fines" clause does not extend to punitive damages in suits between private parties.

Tuesday, September 21, 2010

Gangsta Government

Not my style of music, but I get the message:

Chris Matthews on Obama's Claims About Tax Cuts

Yesterday, I accused the Democrats of lying about tax cuts. Here is Chris Matthews explaining to President Obama that a tax cut is not about giving people money.

The Obamatons seem to think that all money earned by you and me belongs to the government and the government lets us keep some of the money we earn, and that we should be grateful to the government for letting us keep some of it.

These socialist notions slip into their language when they are not careful. That is what the Obamatons in the administration and Congress are really thinking and that is why they have to go. They must be voted out at the first opportunity.

Breitbart Exposes Astroturf Sham Protest

What is the difference between a tea party grass roots rally and an astroturf rally? The people holding the signs know what there signs mean.

There is plenty of humor here as well as Orwellian anti-hate rhetoric.

One of the funniest thing is an astroturfer calling Andrew Breitbart gay. Hmm. liberals calling someone gay is intended as an insult (and ultimately apologized for). If it is an insult to be called gay, if liberals think it is an insult to call someone gay, what does that say about liberals?

If everyone understands that calling someone gay is an insult, what does that say about the efforts to mainstream homosexuality?

More on the astroturf effort here.

Should We Kill All The Mosquitoes?

From the Daily Caller:
Imagine there are no mosquitoes – it isn’t hard to do. No welts to itch or scratch and no malaria too.

An article in the scientific journal Nature has set off a discussion about whether it is advisable or even feasible to kill the world’s mosquitoes.
Those opposed to killing all the mosquitoes,

“It is an ecologically unwise idea to mess with Mother Nature, and wiping out the entirety of any species would almost certainly have negative — and even deadly — repercussions for other species,” said Jaime Zalac, a spokeswoman for People for the Ethical Treatment of Animals.

Another animal rights proponent, Jerry Vlasak, spokesman for the North American Animal Liberation Press Office, went further.

“They would have us believe it’s either the mosquitoes or us. That’s just not the case. For one thing, there are way too many people on the planet,” Vlasak said.
Excuse me? Is he really saying that it is better for mosquitoes to kill us than for us to kill them?

He may be right to some extent. There are way too many animal rights activists and progressives on this planet. Now, if we could get the mosquitoes to target just the right people....

I would settle for killing all of the mosquitoes in my back yard.

Erik Scott Inquest to Begin Tomorrow

Both sides have circled their wagons. But note the following allegedly from the dispatcher's 911 transcript:

2V16: He pulled a 413 and pointed it in my direction. (19:38)
A 413 is a gun.

That statement was apparently made nearly 30 minutes after the "shots fired" report. However, if that statement is true and believed, the coroner will find that the shooting was justified.

Memo to everyone: If you find yourself in a situation where the police are pointing guns at you and yelling, maybe yelling confusing and contradictory instructions (as claimed by the Scott family), put your hands up and empty in plain sight and drop slowly to a passive position on your knees then your stomach, keeping your empty hands visible and away from your body. Do not give the officers any reason to fear for their own safety or the safety of other officers or others who may be nearby. Do not mouth-off at the officers but be obviously compliant and subservient ... for your own safety. Do that no matter how right you may think you are or how unfair you think the officers may be.

You may be dead right, but dead.

US Constitution Series, Amendment VII

Amendment VII. Civil Trials

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
There is no right to trial by jury in all federal civil cases, as explained by the Supreme Court in the case of Granfinanciera v. Norberg, 492 U.S. 33, 109 S., Ct. 2782 (1989). According the cases, the right to trial by jury is civil cases in federal courts only exists where that right existed in the common law. The jury trial exists in cases "at law" meaning where money damages are sought, but not "in equity" cases to force someone to take or not take some action (e.g., injunction). There is no right to jury trial in administrative hearings.

Also, the courts must give the same deference to a jury's factual findings as was given at common law. Thus it is very difficult to overturn a jury verdict in a civil case based upon a disagreement on the greater weight of the evidence.

This amendment is not binding on the state courts. It has never been incorporated into the Fourteenth Amendment bundle of due process rights that are binding on the states.

Monday, September 20, 2010

Buy American

Satire from article on American marijuana growers becoming unionized:

Slate Article Claims Failure to Grant Clemency to Murderess is Inconsistent Act By Governor Who Follows Law on Abortion

According to the Richmond Times Dispatch:
Lewis, then 33, plotted with her then-22-year-old lover, Matthew Shallenberger, and his friend Rodney Fuller to murder her husband and stepson on Oct. 30, 2002. Killed were Julian Lewis, 51, and C.J. Lewis, 25, a soldier visiting the Lewises' mobile home.

She was to be the beneficiary of her stepson's $250,000 life insurance policy should he and her husband die. She left a door unlocked so Shallenberger and Fuller could enter early that morning. The two arrived armed with shotguns paid for by Teresa Lewis. She left the bedroom and waited in the kitchen during the shooting.

The gunfire over and her husband dying, Lewis retrieved his wallet from their bedroom and divided the money with the killers. She waited 45 minutes before calling for help, but Julian Lewis lived long enough to tell a deputy sheriff, "My wife knows who done this to me."

Teresa Lewis, Shallenberger and Fuller pleaded guilty. The judge sentenced Shallenberger and Fuller to life and Lewis, whom he called "the head of this serpent," to death.
According to an opinion piece by William Saleton at Slate, Governor McConnell is hypocritical by refusing clemency to the murderess, because the Governor opposes abortion but does not prosecute mothers who murder the unborn.

The logical need not apply in this debate.

Abortion is unfortunately legal and even constitutionally protected. The governor cannot punish women who get abortions, even if he were so inclined. The illogical argument seems to be: if abortion is protected, then the Governor should not permit execution an admitted murderer. Huh? Sorry, not logical at all.

Mr. Saletan complains that the triggerman and his friend, one of whom was the 22 year old lover of the "head of this serpent" conspirator, merely received sentences of life in prison. Yes, maybe they should have gotten the death penalty as well, but how does that translate in any persuasive argument that the "head of this serpent" should get any sort of leniency?

The wonam's alleged diminished cpacity may be the best argument for leniency, but

In his statement turning down the clemency, McDonnell said, "Numerous psychiatrists and psychologists have analyzed Lewis, both before and after her sentencing. After numerous evaluations, no medical professional has concluded that Teresa Lewis meets the medical or statutory definition of mentally retarded."
The woman may not be intelligent, but she planned a murder and took specific steps to carry it out. She apparently knew right from wrong but chose wrong. She pleaded guilty and admitted her complicity.

I am having a hard time being sympathetic.

President Obama Says Stupid Things About Economics ... Again

The Republicans’ plan to extend tax cuts for the rich is an “irresponsible thing for us to do,” Obama said. “I’m speaking against my own financial interests,” he said. “Those folks are the least likely to spend it.”
They are most likely to invest it rather than spend it, Mr. Obama. That is where jobs come from. Investment. More investment means more jobs.

On economic issues, Mr. Obama is truly a simpleton. His understanding of economics is Marxist-based, which is why he believes such stupid things.

Tea Party Movement Explained -- In Taiwan

More on O'Donnell v. the "Bearded Marxist" Chris Coons

Chris Coons wrote his "bearded Marxist" confession piece in the college newspapaer when he was 21. The beard is gone, but not necessarily the Marxism.

There is a thoughtful piece in The American Thinker by Selwyn Duke, including this:

Of course, Coons' piece was written 25 years ago when he was 21 and will be excused by some as youthful indiscretion. But I'll make two points. First, the ability to profile properly is always necessary when choosing candidates, as the information you will have on them is always limited and managed. A politician certainly wouldn't admit to harboring Marxist passions; thus, in keeping with the maxim "The best predictor of future behavior is past behavior," the best yardstick we have for measuring Coons is actions and pronouncements taken/made before he had a vested interest in lying about his aims. (And wouldn't we instinctively apply this when judging someone with a neo-Nazi or KKK history? Would we give David Duke the benefit of the doubt many would give Coons?) Second, when profiling, know this: People who embrace communism but then truly renounce it generally become passionate rightists. Those who remain leftists usually haven't renounced anything but honesty about their intentions.
Read it all.

Christine O'Donnell may have flaws, but in a race between her and a left-winger, who was an avowed Marxist, I'll take Christine's flaws any time.

Government Logic

I recommend to your attention a fun American Thinker Article by Randall Hoven on Government "logic." Here is a sample:

It is wrong to ask any person for his papers, even after that person has committed a crime and fits the profile of an illegal immigrant, and even though all non-citizens must carry identification papers per federal law. It is OK to ask every citizen in the U.S. to prove he or she has health insurance.

When Spin Becomes a Lie

At what point does spin become a lie?

The culture in Washington accepts spin on many issues. To some extent, spin is inherent in a point of view -- a half full, half empty sort of thing. Racial quotas may be viewed as giving a leg up to the historically downtrodden or as reverse racial discrimination. It is certainly both, but the point of view determines the spin.

At some point, though, spin becomes a lie.

The Democrats on Congress are accusing Republicans of preventing a "middle class tax cut" by insisting that all the previous so-called Bush tax cuts be extended, including those benefiting higher income taxpayers. Calling the refusal to extend current tax policy amounts to a tax increase for all affected taxpayers. The Democrat claim that extending the current policy is a "tax cut for the wealthy" is not just spin anymore. It is a lie.

Extending current policy is not and cannot truthfully be called a "cut." The truth is that taxpayers will suffer an increase if Congress does not act. Democrats want to increase taxes on anyone they can characterize (including mis-characterize) as the wealthy. Democrats want bigger government. Democrats want more money in government coffers to spread to their friends. Democrats will lie to accomplish that end, while perhaps justifying the lie as "spin."

My message to Republicans is simple. You can't cooperate with liars. If you lie down in excrement, you will come up smelling of excrement.

US Constitution Series, Amendment VI

Amendment VI. Rights of Accused in Criminal Prosecutions

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
This amendment covers various important rights in criminal matters. Most of the rights in the Sixth Amendment have been applied to bind the states through the Fourteenth Amendment, but not all. In 2001, the California Supreme Court held that the requirement for a jury drawn from the district in which the crime occurred was not a right that the states had to adopt. Price v. Superior Court, 25 P.3d 618, 25 Cal. 4th 1046, 108 Cal.Rptr.2d 409 (Cal., 2001). [I note in passing for those who care about such things that the reasoning articulated in the opinion appears to be of the "living Constitution" variety rather than the "original meaning" variety.]

All of these rights in the Sixth Amendment can be waived by the accused, except possibly the right to a public trial (which may belong to the public), although I have not researched that issue.

[The purpose of this series is to give everyone the opportunity to read the Constitution one section and amendment at a time. That gives us the opportunity to think about each section before going on to the next. It is easy to miss important points when one read a legal document too fast. Something as important as the United States Constitution deserves thinking time between each section.]

Friday, September 17, 2010

Ted Strickland the Demagogue

I was on the fence about Ted Strickland until I saw this speech. Governor Strickland is good on the issue of guns. John Kasich is a bit unknown on guns: he has apologized for his vote to ban (the badly misnamed) "assault weapons" in 1994. After the speech below, there is no way I can vote for Ted Strickland.

He makes it clear that he is a big-government, union promoting demagogue, and he has no respect for the tea parties. Good-bye, Ted.

Political Ad Season: Bring the Ax to Washington

Hope and Change Cartoon

What will Hope and Change do when Obama gets booted out of office in 2012?

Erik Scott at Pajamas Media

It will be many months before we can truly assess what happened to Erik Scott at the Costco on Las Vegas on July 10, 2010.

Eyewitness accounts are all over the place. The Metro police have circled the wagons. The County has refused to allow the family's attorney to review evidence before the inquest. One commenter on this blog claims to have known Scott on the club scene and claims he was an angry "roider" (steroid user).

Pajamas media has an analysis that states that Scott's girlfriend was present at the shooting, information I did not see in media reports.

The analysis on Pajamas media suspects that the inquest will be a police whitewash. If so, contrary evidence will not emerge until after lawsuits are filed. Lawsuit discovery (depositions and the like) are not normally public and besides, will not take place until long after the public attention span.

O'Donnell versus the "Bearded Marxist" in Delaware

In college in 1985, Christine O'Donnell's opponent Chris Coons wrote a piece for his college newspaper explaining how he had become a "bearded Marxist." Should his college writing be held against him today?

Today there is an awfully thin line between the Democratic party and Marxism, and I think some Democratic officeholders are well across the line. We have a president who was an avowed college Communist and where has that gotten us?

No, the college Marxist has plenty of explaining to do. If he is no longer a Marxist, is he still on the fringe left (as are so many of the Democratic colleagues)?

I think we can consider him still Marxist leaning unless he presets a pretty strong case otherwise. I think the American people are fed up with Marxism in their elected officials. I hope the people of Delaware are too.

I have zero tolerance for Marxists in government. Their understanding of actual real-world economics is nil. They think they can legislate the laws of economics and regularly make worse the problems they attempt to solve.

US Constitution Series, Amendment V

Amendment V. Rights of Persons

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
I say less about the amendment s that have been the subject of a great deal of litigation. There is just too much information available to do justice to a few choice comments.

This amendment prohibits double jeopardy and prohibits the deprivation of life, liberty of property without due process of law. Due process means both a fair procedure and fairness in substance. Of course their can be no taking of property for a "public use" without just compensation.

Thursday, September 16, 2010

Obama's Science Czar's Embarrassingly Dumb Interview

CNS is reporting on a video interview with Obama administration science czar John Holdren. CNS asked him about satements in his 1973 book Human Ecology: Problems and Solutions. He explained.
Holdren: “What we meant by that was stopping the kinds of activities that are destroying the environment and replacing them with activities that would produce both prosperity and environmental quality.”

When asked how this would be achieved, Holdren responded, “Through the free-market economy.”
CNS further reports,

Resources must be diverted from frivolous and wasteful uses in overdeveloped countries to filling the genuine needs of underdeveloped countries,” Holdren and his co-authors wrote. ”This effort must be largely political, especially with regard to our overexploitation of world resources, but the campaign should be strongly supplemented by legal and boycott action against polluters and others whose activities damage the environment. The need for de-development presents our economists with a major challenge. They must design a stable, low-consumption economy in which there is a much more equitable distribution of wealth than in the present one. Redistribution of wealth both within and among nations is absolutely essential, if a decent life is to be provided for every human being.
This guy understands free market economics even less than President Obama does. "De-develop"? Could any goal be dumber?

It is antithetical to free market economics to talk about diverting resources from activities that the elites consider to be "frivolous and wasteful." is to Holdren engages in Orwellian 1984-speak. ("War is peace")

Free market economics orders resources in an economically rational way, only if there is NO outside force (e.g., the government) diverting resources. Any such diversion is, by definition, economically irrational.

Either Holdren is dumb-as-a-rock stupid, or he thinks the American people are.

O'Donnell Tsunami

Wow. The Christine O'Donnell victory in the Delaware Republican primary for the United States Senate seat is having major fall out. It is also creating myths about the tea party and what the tea parties mean.

As for the fall out, Karl Rove's anti-O'Donnell excesses on the Sean Hannity show have caused his stock to drop precipitously. The tea party analyses are everywhere.

Let me add my small contribution.

The tea party is not an organization, it is a movement. It has brought together diverse folk who disagree on some things. Some these folks are truly on the fringe. The tea party folk uniformly see too much government and too much government spending as THE core issue of today. The lovers of big government are trying to divide the tea party based upon the differences on the fringe. They do not get it. Other differences don't matter. Until the excessive government and excessive spending problems appear to be under control, the other differences will not divide the tea partiers.

The tea parties will fall apart if government begins to shrink and spending begins to shrink. That is when they will turn their attentions to their various and diverse issues: abortion, firearms freedom and the like. Until then, the tea parties are united on the core issues and those issue are in the forefront. Until government and spending are reduced, the non-core issues will not tear the tea parties asunder.

The tea parties will be consistently anti-Obama only so long as Obama is the symbol of big government and big spending. If President Obama were to undergo a complete about-face, supporting Obamacare repeal, reducing government programs and reducing government spending, he would enjoy tea party support. Not gonna happen, though. He can't change that much.

Erik Scott: Pre-Inquest Meeting Requested

The Las Vegas Sun is reporting that the lawyer for the Erik Scott family is requesting a meeting in advance of the inquest to review the evidence so the family can submit meaningful questions at the inquest. The request is being made of Judge Tony Abbatangelo. The lawyer's letter represents that the coroner has no objection to the meeting.

I have no experience with inquests, so it is hard for me to assess whether this request is unusual. I have never heard of one being held locally here in Columbus, Ohio, so I cannot comment on the procedure. From the newspaper article, I gather that the family will not have any opportunity to present evidence, but they may submit questions that the coroner may (must?) ask. It is my understanding that inquests are not adversary proceedings, but rather are formal inquiries by the coroner with subpoena power to require he appearance of witnesses.

Originalism v. Living Constitution

As I was growing up, I kept hearing that one of the strengths of the Constitution was that it was a "living document" that could address our changing times.

As an adult, not just as a lawyer, I now realize that the "living document" rhetoric was an excuse to de-vitalize a wonderful set of governmental principles established in the Constitution and its first ten amendments. I am firmly an originalist on the analytical framework to interpret the Constitution today.

What follows is an excellent piece from, with particular focus on the Commerce Clause

Chris Matthews Analyzes DE Vote Correctly, I Think

I don't agree with Chris Matthews on his politics or his demeaning, insulting, way-off-base Sarah Palin comments. I mostly agree with him here:

Visit for breaking news, world news, and news about the economy

Congratulations John Boehner, The White House is Attacking You

The White House is attacking John Boehner (R-OH) the Republican minority leader in the House. That can only help John Boehner, not only because everyone, Democrats included, seems to be running away from the White House, but also because it is immeasurably increasing John Boehner's name recognition in Ohio and across the country.

The White House has so little credibility outside the far left wingers that President Obama's attacks look more like endorsements to the rest of us. n John Boehner was not even on my radar until the White House placed him center stage.

Sure he has a perennial tan. Sure he is a heavy smoker. (So is the President last I heard.) Those things don't matter.

Apparently the White House is promoting Mr. Boehner for higher office. Speaker of the House after the expected November losses? Presidential run in 2012?

It is clear to me that the White House fuels itself on hate. Turning its fire hose of hate on Representative Boehner must signal some inside slight that the rest of us are not privy to. Otherwise the whole attack John Boehner strategy make no sense, logically or politically (recognizing that logic and politics are two very different things).

We live in interesting times.

US Constitution Series, Amendment IV

Amendment IV. Search and Seizure

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This amendment has spawned a tremendous amount of case law. When is a search or seizure unreasonable? When must a warrant be obtained to make an otherwise unreasonable search?

What does the GPS technology do to this?

Wednesday, September 15, 2010

DNC Major Announcement: Big Snooze

Yesterday, the Democratic National Committee titillated the political world saying that today it would make a "major announcement."

And what an announcement it was. The DNC changed its website. Wow. Wake me when its over.

I won't bother with a link. I can't remember what the old website looked like.

Sexual Harassment Complaint: Ines Sainz

The New York Jets are being investigated for the sexual harassment of a female sports reporter, Ines Sainz, covering the game for Azteca.

Here is a Fox News interview with Ms. Sainz:

Is it just me, or does Ms. Sainz invite sexual comment by her provocative manner of dress? It ain't a claim of rape, folks. In her defense, it appears that she did not actually make the complaint. It was made on her behalf by some women's sports writers group after Ms. Sainz reported feeling uncomfortable. Here is her odd statement:

“I personally believe that if (NFL security) find that (Jets players) are very aggressive in the way they speak about me, yes they deserve (punishment),” Sainz said in an appearance on ABC’s Good Morning America.

“But I’m not sure it happened.”

She also said,
“It was an uncomfortable moment because you are in the team’s dressing room and they are obviously changing clothes, showering — doing what they do every day in the locker room,” Sainz said to the AP. “So being a woman, obviously it was a bit uncomfortable.”
Hello. It was a locker room. That is where players change their clothes. A few years back, the forces of political correctness required football teams to open their locker rooms to women reporters. Now, the reporter can claim she was uncomfortable because the players were undressed?

In my view, if you don't want to be treated like a hooker, don't dress like a hooker.

Source: Daily caller.

"They talk about me like a dog."

When President Obama complained in Cleveland about the undefined "they" who talk about him like a dog, my first thought was, "Oh, you mean they same way you talk about George Bush?"

GOP Endorsement and Karl Rove -- Updated

Newt Gingrich tweets a win prediction for Christine O'Donnell in November. In the meantime, Karl Rove on Hannity last night walked off a popularity cliff with those of us who believe that votes for socialism have no place in the Republican party (I refer to Mike Castle's cap-and-tax vote).

The United States has only two viable parties, both of whom to a greater and lesser extent have had roles in expanding government. Of the two, only the Republican party even gives lip service to limiting government. The Republicans seem to feel that tea party supporters must vote Republican as the lesser of two evils.

Well, GOP, here is the deal. The tea partiers want to force you to walk the talk. The time is ripe, now that most of the country has figured out that the Democratic party is the party of socialism.

My assessment is that the Karl Roves of the party are too party obsessed. My-party-right-or-wrong, that sort of thinking. If the GOP did not want its endorsed candidate to lost in Delaware, it should not have endorsed someone who voted for cap-and-tax. That is it in a nut shell.

Memo to GOP: If you want endorsed candidates to win primaries (and Obama-Pelosi-Reid backlash general elections), endorse limited government candidates.

Update: Clever commentary from Matt Welch on's Hit & Run:

One way of interpreting O'Donnell's upset victory is as a sign that insane anti-masturbators are emerging from America's fever swamps and marching toward Capitol Hill, ready to sic ex-gay-ministry counselors on Barney Frank in the unlikely event they can get past Democrats on Nov. 2. And maybe that's true. But I might propose an alternate way of looking at it: Anti-spending and anti-establishment sentiment is running so strong right now that even an obviously flawed, possibly nutsoid political neophyte looks better to a lot of people than just another TARP supporter. While I'm troubled by the former, the latter bothers me very little. But then again, I'm no Republican, and I'm certainly no David Frum.

US Constitution Series, Amendment III

Amendment III. Quartering Soldiers

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
This has not been a problem in modern times.

Tuesday, September 14, 2010

O'Donnell Wins in Delaware

I understand that the GOP establishment favored Mike Castle over Christine O'Donnell. whatever the other issues, I understand that the GOP wants to win in November and saw Castle as the best GOP opportunity for victory against the Democrat.

Castle was a RINO who voted for cap and tax. You can't reward votes like that. You must weed those types of "Republicans" (I use the term loosely) out. I would rather have a Democrat win who must be defeated with a stronger smaller-government, lower taxes candidate later (yes, I know it is six years).

Congratulations to Christine O'Donnell. Congratulations to the tea party supporters. You sent a message. You got rid of a RINO. A pox on all RINOs. They do the movement no good. If the get elected or reelected, the GOP remains stuck with them as a problem. Good riddance. Even if it means a tougher race or even a defeat in November.

Green Beer is Not Just For St. Patrick's Day

I could not resist this one. I don't drink Anheuser Busch beers. They are good for what they are, but I prefer ales to lagers and microbrews that are more flavorful than the general run of AH beers.

Still the big AH is making green beer for every day in Newark.

FBI Report: More Guns, Less Crime

The 2009 FBI report on crime is out. Violent crime is down. Murder declined 7.3 percent, robberies fell 8 percent, aggravated assault dropped by 4.2 percent and forcible rape has declined 2.6 percent.

In 2009 gun sales reached record levels thanks to Gun Salesman of the Year Barack Obama. Concealed carry rights have been expanding steadily.

I am sure the gun-grabbers will argue that the crime statistics are unrelated to the increased ownership and carrying of firearms. Here is what they cannot argue with: Their hysterical predictions of "blood in the streets" with every expansion of concealed carry simply has not come true. (They may deny that they were hysterical, but they surely sounded hysterical to me.)

Here are facts: We have more gun ownership in America. We have less crime. We do not have blood in the streets from concealed carry holders.

Do not expect gun-grabbers to be deterred by facts.

Don Unsworth, Rest in Peace

I did not know Don Unsworth, but I am sad to report that he passed away of cancer last week in Rome, Georgia. Don Unsworth left us a legacy, though, in the family's last request.

In the newspaper obituary, the Unsworth family asks that, instead of flowers, we all honor Don by contributing to the campaign of whoever runs against Barack Obama in 2012.

I did not know Don Unsworth, but I've got to like him.


The Tenth Amendment: Nullification

This is a wonderfully presented speech by bestselling author Thomas E. Woods. It is well worth the time to listen.

Dump the RINOs

The pundits seem to see the tea parties versus the GOP as a struggle between two organizations. I don't see it that way at all.

The tea parties are not organizations. It is a movement of those who want less government, less spending and lower taxes.

I don't know who is going to win the primary in Delaware today. I understand that the GOP wants to protect its candidate, because the GOP wants to win in November. The tea party candidate Christine O'Donnell is clearly more aligned with the tea party principles, however flawed she may be personally. She is not more flawed than the RINO Mike Castle, because Castle is, well a RINO.

The GOP argues quite reasonably that Mr. Castle has a better chance of winning in November. Quite so. But Castle must be punished for his liberal votes by being voted out of Congress. Maybe that lets the Democrat win this race in November. I say, so be it. The next time, the GOP won't be so eager to get behind the RINO. The GOP needs to learn that lesson.

Eliminate All Liquor License Quotas Now!

Unless you think you need Massa Gummint to protect you from yourself and protect you cradle to grave, because you are too stupid or incompetent, you ought to see that ALL liquor licensing is a really bad idea. It raises the cost, not only of liquor, but all restaurant food in establishments that need to sell liquor.

Liquor license are valuable, because they are artificially scarce. Why should liquor licenses be limited by population. Big Brother is not protecting the public, Big Brother is protecting the licensees by limiting your choices.

This is not a tax issues. Or maybe it is, Since Big Brother is taxing sales of all kinds, an increase in restaurants will increase tax revenues. All consumers are better off. The favored few who currently hold licenses would face more competition, of course. Boo hoo.

Here is a related story from Virginia which is looking at privatizing liquor stores:

Porkulus: $800,000 Study to Teach African Men to Wash Their Genitals After Sex

Government waste at its finest. $800,000 of your money has been paid to UCLA for a study on how to teach African men to wash their genitals after sex.

$800,000. What could you YOU have used $800,000 for?

This government is all over the waste issue. This government is for it.

Should we really expect the government to pay for more health care by eliminating waste? Is anyone really dumb enough to believe that?

Source: CNS News

Drew Carey Saves Cleveland: Cleveland Declines to be Saved

Reason, the libertarian organization recently did a series of videos called Reason Saves Cleveland with Drew Carey. There can be little doubt in the minds of Ohioans that Cleveland needs saving. As a result of the videos, members of Cleveleand city council, too their credit, invited Drew Carey and Nick Gillespie of Reason to sit down and discuss the videos. Reason Magazine carries a reports complete with transcript of that meeting. It is well worth reading.

The bottom line is that the members of city council blame Cleveland's problems on everyone else: the federal government, the state government, businesses that leave and people that leave. They don't see that running golf courses and the West Market are really beyond their scope as a unit of government. They think government should do it be cause government is more fair.

Fair? Nothing is more fair that the free market. A free market does not care about the color of skin or the pace of worship. The free market care about cost, demand and efficiency. (This is in the aggregate. Yes, there can be pockets of discrimination, which are always ultimately doomed due to free market pressures.)

These members of Cleveland City Council appear bafflingly dense toward any actual solutions to the Cleveland' economic problems that are well within their grasp, and to some extent within their range of persuasion (e.g. urging more charter schools in the Cleveland City School District).

It is sad really. Their attitude seems to be, "We know what we are doing is not working, so we need to do more of the same."

See if you read their comments as I do, at the link above. Judge for yourself.

US Constitution Series, Amendment II

Amendment II. Bearing Arms

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Of course two recent United Sates Supreme Court cases, Heller v. District of Columbia, __ US __, 128 S.Ct. 2783 (2008) and McDonald v. City of Chicago, ___ U.S. ___, 130 S.Ct. 3020 (2010), have held respectively that the right to keep and bear arms was an individual, not simply a collective right, and that the states were bound to recognize that individual right.

Monday, September 13, 2010

Too Much Government; Our Freedom Continues to Erode

How can it be possible that that United States is still the most free country on the planet with examples like these from "Hit and Run" piece by Matt Welch:

In August, Multnomah County health inspectors in Portland, Oregon, shut down a lemonade stand at an art fair because its 7-year-old proprietor failed to obtain the necessary food distribution license. Days earlier, a Quincy, Illinois, man was arrested via a sting operation (for a second time) for the crime of offering free rides home to inebriated bar patrons; the service conflicted with some new taxi cartel–influenced language in the relevant city ordinance. And all summer long, councilmen in recession-ravaged Los Angeles, who earn higher salaries than any municipal lawmakers in the country, threatened to crack down on one of the few interesting and growing business models left in L.A.—food trucks—despite the fact that the only people complaining about them are nonmobile restaurant owners who don’t like the competition.

On the federal level things get even worse. In July the Department of Labor unveiled new child labor regulations that make it a crime for 17-year-olds to clear brush (a classic summer job in timber-heavy states such as Oregon) or for 15-year-olds to wave signs on the roadside, which the last time I looked was about the only job teenagers could still get in Southern California. ObamaCare requires every single vending machine and restaurant chain with 20 or more outlets in the country to list calorie counts for its products, under threat of federal sanction.
It makes me wonder about the whole "It's a free country" boast. I am not so sure. A "Hit and Run" post suggests that Cuba is becoming more capitalist than the US, which may be a bit of an exaggeration, but think of the implications. Cuba becoming more free than we are?

I am not sure that anywhere else outside the US is an improvement in the freedom category. Find a country that is otherwise free, but allows widespread gun ownership and gun-carrying for personal protection.

But,as oppressive as the big government and enviro-nazis are becoming, we are at risk of losing our distinction of being the world's most free country.

That is what the tea parties are all about.

Know Thy Enemy

Here is what the ethically challenged think about entitlements. It make you wonder whether the psychological source of their alleged unethical conduct is some notion pf theirs that they had rights to entitlements, too.

Is is NOT government's proper role to help the needy. It is our role as members of society, but not through the force of arms that is government.

To paraphrase something I read recently, welfare (and every other government help program) is about A and B getting together deciding to help X and deciding to force C to help pay for it. They (A and B and Maxine and Charlie) commit a deliberate and evil wrong against an unwilling C.

Campaign Ad Attacking Nancy Pelosi

Here is a campaign ad by Nancy Pelosi's opponent, What's-his-name, the sacrificial lamb. Oh yes, John Dennis. I hope his name recognition is betting in San Francisco.

Quixotic quest in the wonderland of San Francisco, but amusing nevertheless.

US Constitution Series, Amendment I

Amendment I. Religion and Expression

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
This may be the most often cited an mis-cited provision of the Constitution. I want to say just one thing. These protections are protection from government, originally just the Federal government. Nothing in the First Amendment gives private organization such as a newspaper or television station the obligation to allow you to make your voice heard.

You have a right to speak, on your own time and at your own cost. You do not have a right to force anyone else to listen to you.

Friday, September 10, 2010

New York Times vs. Wall Street Journal

With helpful subtitles:

New Round of Health Care Lies from Sebelius

To the surprise of no one who is actually rational, health care insurers must raise rates to cover new benefits mandated by the Obamacare Congress.

Democrats are outraged of course. How dare insurers seek to recover their Congressionally mandated increased costs!

Kathleen Sebelius, Secretary of HHS, who apparently hails from some alternate bizzaro universe, said, "There will be zero tolerance for this type of misinformation and unjustified rate increases."

The Democrat response, which is so typical, is a call for regulation of premiums.

Stupid. This sort of plan guarantees that premiums will be artificially INCREASED ultimately. Why? It is highly anti-competitive. Insurers will achieve government enforced price protection thanks to the regulatory folks who, surprise, surprise, will primarily come form the insurance industry.

Democrats refused to allow a real price mechanism to be included in Obamacare: insurance across state lines. That would have provided for MORE competition.

If you think price regulation brings lower prices, you are falling for another government lie. And may the Lord have mercy on your soul.

Source: Wall Street Journal

New Mexico Political Ad

I know we will all get sick of the political ads this season. We always do. That is why I recommend DVR for all television entertainment, so you can skip right past the annoying ads.

But there are some ads worth seeing. Below is an ad in Which Republican gubernatorial candidate Susana Martinez cleverly exploits a dumb attack ad made by her Democratic opponent:

Fish in a barrel, I say.

Gender Silliness