Archive for the ‘Stupid is as Stupid Does’ Category

Climate Change This Week: Blizzard Disrupts Bureaucracy

February 13, 2010

Granted, in Wyoming, we call it winter…

The Obama administration announced this week that it will unveil yet another bureaucratic brainchild: another new agency to study and disperse information about climate change to both the public and policy makers. Interestingly enough, the press conference announcing the agency was disrupted by the blizzard in Washington, DC, and had to be conducted via telephone.

The agency, which will be headquartered in DC, will have six directors throughout the country and will work with the National Oceanic and Atmospheric Administration. NOAA head Jane Lubchenco claims that its creation is crucial to making informed decisions regarding wind power, fishing industries and coastal community planning. But NOAA is known to be in the tank for envirofascists, and there is little reason to believe that this information will be accurate.

There is humor to be found in almost any situation, however, and Republican Senator James Inhofe (R-OK) certainly found it in the snow-covered streets of Washington. He and his family used some of the 32 inches of snow that fell on the city to make an igloo. The structure, placed strategically near the Capitol, was then fitted with a sign reading “Al Gore’s New Home.”

Meanwhile, the Department of Public Works is running out of places to put the snow, settling on an empty parking lot at the edge of town where they’re building a “snow mountain.” How appropriate — things have been piling higher and deeper in the Swamp for some time now.

Naturally, warmists such as those at Time magazine are blaming global warming for the snow, though they correctly point out that “Weather is what will happen next weekend; climate is what will happen over the next decades and centuries.” But then, curiously, the mag admits that “while our ability to predict the former has become reasonably reliable, scientists are still a long way from being able to make accurate projections about the future of the global climate.” And here we thought it was settled science.

Wall Street Journal columnist James Taranto concludes, “It’s true that cold weather, while providing an occasion to mock global warming, does not disprove it. But the mocking would be far less effective had global warmists not spent the past quarter-century making a mockery of the scientific method.”

SOURCE

Tax Increases Out the Wazoo‏

January 28, 2010
Thanks to Lakewood activist Natalie Menten for alerting us about these debilitating tax increases to be heard very soon…
“On Wednesday, January 27, multiple bills raising taxes (through eliminating tax exemptions) will be heard in the House Finance committee. I’ve listed the worst bills below. Click on the bill number to read the text.

These bills are being fast tracked and would become effective almost immediately. Please e-mail or phone the committee members to voice opposition to these tax increases. This is the BEST opportunity we have to kill these bills before they go to the House floor.

Alternaitvely, you can attend the committee meeting to voice opposition. The Finance committee will meet at 1:30 pm, in the Legislative Service Building at 14th & Sherman, room LSB-A, across the street from the capitol (Note that the “House Calendar” incorrectly reflects different meeting information).

HB 10-1189

Elimates Sales Tax Exemption on Direct Mail

HB 10-1190
Temporarily eliminates the sales tax exemption on storage, use or consumption of electricity, fuel and other energy products.

HB 10-1191
Eliminates the sales tax exemption on candy and pop.  By the definition included in this bill, even honey roasted nuts are candy.

HB 10-1192
Eliminates sales tax exemption on some software products.

HB 10-1193
Requires out of state retailers to collect sales tax on Coloradan’s purchases.

HB 10-1194
Eliminates sales tax exemption on non-essential items such as plastic ware, condiments, napkins, bags and other items.

HB 10-1195
Suspends sales tax exemption on products used to care for livestock and crops.

HB 10-1198
Suspends the Alternative Minimum Tax credit.

HB 10-1199
Reduces net operating loss carryover to $250,000 for businesses.

To contact the House Finance Committee, e-mail them using the e-mail address strings I’ve provided below. Just copy them into your e-mail address box:

repjoeljudd@joeljudd.com,debbie@debbiebenefield.org,
kjerryfrangas@earthlink.net,cheri.gerou@gmail.com,
repkagan@gmail.com,john.kefalas.house@state.co.us,
replabuda@yahoo.com,ellen.roberts.house@state.co.us,
ken.summers.house@state.co.us,spencer.swalm.house@state.co.us,
brian@briandelgrosso.com

Alternatively, you can call the committee members:
Rep. Joel Judd (D) 303-866-2925
Rep. Debbie Benefield (D) 303-866-2950
Rep. Jerry Frangas (D) 303-866-2954
Rep. Cheri Gerou (R) 303-866-2582
Rep. Daniel Kagan (D) 303-866-2921
Rep. John Kefalas (D) 303-866-4569
Rep. Jeanne Labuda (D) 303-866-2966
Rep. Ellen Roberts (R) 303-866-2914
Rep. Ken Summers (R) 303-866-2927
Rep. Spencer Swalm (R) 303-866-5510
Rep. Brian Delgrosso (R) 303-866-2947″

Please contact the members of the House Finance Committee and express your concern over these crippling tax increases.  Even John Hickenlooper said raising taxes during a recession “counter-intuitive.”  I on the other hand, would call it plain DUMB.
Thanks for listening,
Justin Longo
Legislative Director, Libertarian Party of Colorado
“Whoever wishes peace among peoples must fight statism.” -Mises
==============================================
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Phone: (703) 994-7104

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Do you want bureaucrats to rewrite laws?‏

November 24, 2009

The whack job moon bats are at it again, or maybe they never stopped. The global warming scandal reported on recently should be a real heads up for anyone that still believes in man made global warming. Nevertheless, people that should know better are still at it.

Here’s my take on this: SAVE THE POLAR BEARS! At least long enough for me to make Boone and Crockett with one!

The Environmental Protection Agency is rewriting the Clean Air Act, without Congressional involvement! Our Write the Laws Act would prevent this kind of unconstitutional rule-making by Executive Branch bureaucrats. Please send Congress a letter telling them to pass the Write the Laws Act.

You can copy or borrow from my letter to Congress . . .

Here’s a perfect example of why I want you to introduce the Write the Laws Act.

The Supreme Court ruled in Massachusetts v. EPA that . . .

The EPA (Environmental Protection Agency) must regulate greenhouse gases under the CAA (Clean Air Act).

But the CAA says nothing about greenhouse gases!

The CAA must be changed by Congress, NOT by the Judicial Branch, or by Executive Branch bureaucrats.

Only Congress has the Constitutional power to make rules that control my life. The Write the Laws Act would help you to obey this Constitutional requirement. But — as it stands now — the EPA is rewriting the law to . . .

* Classify greenhouse gases as pollutants
* Raise the trigger-point for regulatory control of this new class of “pollutants”
* Create a legal double-standard between big and small emitters of greenhouse gases

All of this contradicts the CAA as written by Congress. This unconstitutional legislating by unelected bureaucrats is going to create a legal and economic mess. The result will be . . .

* Years of litigation by large emitters challenging the special treatment given to small emitters
* Stunted economic growth as businesses cope with legal uncertainty during the litigation process

The Write the Laws Act would prevent this kind of mess by . . .

* Prohibiting the Judicial and Executive branches from making-up rules on their own
* Preserving the checks and balances required for Constitutional rule-making
* Protecting the right of the people to elect or un-elect the people who make their rules

If the people’s representatives in Congress were in charge of regulatory policy . . .

* There would be fewer legal challenges against bureaucratic overreach
* Businesses could rely on settled laws passed by Congress, instead of constantly adjusting to ever-changing bureaucratic dictates

The Supreme Court has no Constitutional authority to tell the Executive Branch to rewrite laws passed by Congress. Bureaucratic rule-making is both unconstitutional and impractical. Only Congress should have legislative authority. Show me you take your oath to support and defend the Constitution seriously. Introduce DownsizeDC.org’s Write the Laws Act.

END LETTER

You can send your letter using DownsizeDC.org’s Educate the Powerful System.

Remember that the more people who read this message, the more likely we will be victorious.

* For social bookmarkers and networkers, here’s a tinyurl for this message: http://tinyurl.com/ykqy9v4
* A monthly pledge or generous one-time contribution furthers DownsizeDC.org’s reach, and Congress feels it. You can make a difference on our secure contribution page.

Let’s Downsize DC!

Jim Babka
President
DownsizeDC.org, Inc.

http://www.DownsizeDC.org is sponsored by DownsizeDC.org, Inc. — a non-profit educational organization promoting the ideas of individual liberty, personal responsibility, free markets, and small government.  Operations office: 1931 15th St. Cuyahoga Falls, OH 44223, 202.521.1200

HOTCHKISS MAN PLEADS GUILTY TO POACHING DEER AND SELLING MEAT

September 5, 2009

HOTCHKISS, Colo.–A tip from an observant citizen resulted in a felony conviction for a Hotchkiss poacher who offered big-game meat for sale in classified advertisements published in a local newspaper earlier this year.

Cody Hopkins, 23, pleaded guilty to illegal sale of wildlife, illegal possession of a deer and hunting deer without a license in Colorado District Court in Delta on July 27, 2009. Hopkins was given a one-year deferred sentence and fined $2,002.50.

A hearing examiner for the Colorado Wildlife Commission will also review the facts of the case. As a result, Hopkins may face a suspension of his hunting and fishing privileges in Colorado and 30 other states.

Hopkins was originally charged with four felonies. In addition to a conviction on the felony count of illegal sale of wildlife, Hopkins was convicted of one misdemeanor count of illegal take of a deer and one misdemeanor count of hunting deer without a license.

The investigation into Hopkins’ activities began in late January, when the Colorado Division of Wildlife received a call through Operation Game Thief from a concerned citizen who saw a classified ad in the High Country Shopper offering big-game meat for sale.

DOW investigators called the number in February and arranged to meet Hopkins in Hotchkiss where Hopkins sold about 50 pounds of meat to an undercover officer. At the meeting, Hopkins told investigators that the package included deer meat and meat from a cow elk that had been killed the previous weekend.  Hopkins also sold deer and elk meat to undercover investigators on a couple of other occasions.

Hopkins was arrested in April.

Doug Homan, district wildlife officer in Hotchkiss, said that the crimes might have gone unnoticed if not for the concerned citizen.

“We can never emphasize enough how much we rely on citizens to help us by reporting suspected crimes against wildlife,” Homan said. “People who take wildlife illegally are stealing from licensed sportsmen and women and from all the citizens of Colorado.”

Suspected wildlife crimes can be reported to Operation Game Thief at 1-877-265-6648. Tips can be given anonymously and rewards are often provided for information leading to convictions.

###

For more information about Division of Wildlife go to: http://wildlife.state.co.us.

Another stupid is as stupid does redux: Gun Control California style

September 5, 2009

Despite California’s bans on “assault weapons,” “unsafe” handguns, private gun sales, and sales of two handguns in a 30-day period; its 10-day waiting period on all gun sales; and its denial of carry permits to people who don’t have the right connections, the Golden State’s murder and robbery rates are 12 and 20 percent higher, respectively, than in the rest of the country.

Nevertheless, the Brady Campaign calls California’s “assault weapon” ban “a model for the nation,” and gives the state a high “grade” just for having more gun control than other states. Washington, D.C.’s city council adopted California’s “assault weapon” ban and “unsafe handgun” ban whole cloth in January, backtracking on handguns this summer only in the face of court challenges.

And then there’s Garen Wintemute, of the University of California (Davis), who in September released another of his “studies” in favor of gun control. His new piece is called “Inside Gun Shows: What Goes On When Everybody Thinks Nobody’s Watching.”

“Gun shows” are just the hook, however. While repeating gun control supporters’ mantra about the need to run instant background checks on people who buy guns from private parties at gun shows, Wintemute admits important factors that undercut his goal. First, he notes that straw purchases—the very purpose of which is to thwart the background checks he pretends to be concerned about—”are a major source of crime guns.” Second, he admits that “The proportion of all gun sales nationwide that occurs at gun shows is relatively small” and that “most sales at gun shows involve licensed retailers,” who are already required to perform background checks.

As you probably have already deduced, Wintemute has his sights on something more than just requiring background checks on all gun sales at shows. Eventually getting to the bottom line, he concludes that “Regulating private party sales just at gun shows will not end the problems associated with these anonymous and undocumented transactions. Most of them occur elsewhere already. … It would be preferable to regulate private party gun sales generally.” That’s the law in California, where private sales are prohibited, transfers of firearms are delayed by a 10-day waiting period, and sales are permanently recorded by the government.

If you think you’ve heard it before, you’re right. In 1976, the Brady Campaign, then named National Council to Control Handguns, advocated delaying handgun sales and registering handguns, before banning the possession of handguns altogether. Let’s hope Wintemute is as successful today as the Brady Campaign was a generation ago.

SOURCE

Ted Kennedy: This is no puff piece

August 27, 2009

Between the blogs and MSM one might think that Christ had risen again, and once again been crucified. I’m not one of those people, not by a long shot. I call the shots as I see them when it comes down to the wire, and Ted Kennedy came down to the proverbial wire. Still, I wanted to do so in an honest and forthright manner. While still recognizing the man’s numerous faults.

Once again, Mark Alexander beat me to the essay. (Punch being inappropriate phraseology at this time, at least in my thinking.) Also, for the left wing preacher that lam-blasted me when I opined about the now late Senator? I’m not a Christian in your sense, I am a cold blooded Libertarian with Conservative tendencies. I refuse to speak well of a man that caused so much pain and death while he lived a life of opulence, and depravity.

Alexander’s Essay – August 27, 2009

Lion of the Left

“The foundation of national morality must be laid in private families. … Public virtue cannot exist in a nation without private, and public virtue is the only foundation of republics.” –John Adams

Teddy Kennedy

Have you ever attended a funeral service out of respect for a friend or colleague, and left perplexed as to whom the eulogy was referring? Just once, I would like to go to a service for some disreputable rogue and have a clergyman deliver a eulogy that was faithful to the facts rather than full of fiction. (Hopefully, that won’t be my own!)

I am certainly not suggesting that we should stand in judgment of any man, for that is the exclusive domain of our Creator. However, we should never abandon our responsibility to discern right from wrong.

On that note, Edward “Teddy” Kennedy (22 February 1932 — 25 August 2009) died this week at age 77.

Kennedy spent the last 47 of his years as a senator, having been perpetually re-elected by the people of Massachusetts. This made him the third-longest serving senator — behind Robert Byrd (D-WV) and Strom Thurmond (R-SC) — in that chamber’s august history.

Of course, a fawning Leftmedia will inundate us with non-stop coverage of Kennedy’s life, featuring interviews with his political sycophants up to, and probably well after, his interment at National Cemetery. The airways and printed pages are already sodden with accolades, mostly framing the senator’s life as one of great personal tragedy but great public success.

Let’s take a look at both.

Kennedy was born into great wealth, privilege and political influence, the fourth son and ninth child of Joseph and Rose Kennedy. He never worked a day in a private-sector job, and like his brothers before him, he owed his political career to his father’s considerable political machinations.

But, the mainstream media’s reference to TK’s life as one punctuated by personal tragedy is an understatement.

Before the age of 16, he had suffered through the death of his brother Joseph Kennedy Jr. (his father’s heir apparent), who died when his B-24 bomber exploded over Surrey, England, during World War II, and the death of his sister Kathleen Agnes Kennedy, who died in an airplane crash in France.

In 1941 his father ordered a lobotomy for Ted’s sister, Rosemary Kennedy, then age 23, because of “mood swings that the family found difficult to handle at home.” The procedure failed and left Rose mentally incapacitated until her death in January 2005 at age 87.

Ted, like his brother John, developed a reputation as a serial womanizer in college. Unlike his Ivy League brothers, however, Ted was kicked out of Harvard for cheating, though allowed to return a few years later to complete his undergraduate degree.

Thanks to some election-night manipulation of returns by Old Joe, JFK was elected president in the closest race of the 20th century (49.7 percent to Richard Nixon’s 49.5 percent). That paved the way for TK’s victory in a 1962 U.S. Senate special election in Massachusetts.

The thrill of victory was brief, however. On 22 November 1963, during a political visit to Dallas, President John F. Kennedy was assassinated.

In June 1964, Ted Kennedy was flying with friends on a private plane that crashed on a landing approach, killing the pilot and a Kennedy staffer. Kennedy survived but suffered severe injuries.

On 4 June 1968, Robert Kennedy, then a candidate for the Democrat Party’s nomination for president, was assassinated after a Los Angeles political event. The political baton then went to Teddy, the last of the four Kennedy brothers, but his alcohol abuse and philandering would keep the presidency out of reach.

In 1969, on one of his infamous junkets to “the island” (Martha’s Vineyard and Chappaquiddick), Kennedy’s moral lapse would cost a young staffer her life, and would cost him any chance of becoming president.

On the night of 18 July, Kennedy left a party with an attractive young intern en route to a private secluded beach on the far side of Dike Bridge. Kennedy lost control on the single-lane bridge and his vehicle overturned in the shallow tidal water. (Note: I drove across this bridge in a large 4×4 truck a few years after this incident, and it was not difficult to keep it out of the water — but then, I was not intoxicated.)

Kennedy freed himself from the vehicle leaving his passenger, 28-year-old Mary Jo Kopechne to suffocate in an air pocket inside the overturned car. After resting at the water’s edge, he walked back to the party house, and one of his political hacks took him back to his hotel.

Mary Jo Kopechne

Nine hours later, after sobering up and conferring with political advisors and lawyers, Kennedy called authorities to report the incident. Kopechne’s body had already been discovered.

With the help of Father Joe’s connections, Kennedy was charged only with leaving the scene of an accident. In his testimony, he claimed, “I almost tossed and turned… I had not given up hope all night long that, by some miracle, Mary Jo would have escaped from the car.” He pleaded guilty and was sentenced to serve two months in jail — sentence suspended.

With Joan, his pregnant wife of 10 years, and their three children by his side, he claimed that charges of “immoral conduct and drunk driving” were false and he was promptly re-elected to his second full Senate term with a landslide 62 percent of the vote. However, his responsibility for the death of Kopechne would all but disqualify him from ever holding national office. Indeed, the moral composure of the nation differs significantly from that of his Massachusetts supporters and defenders.

Kennedy’s political advocacy swung evermore to the left in the years that followed, and his personal conduct led the way.

In January 1981, Joan announced she had had enough, and they divorced.

Two Senate terms later, Kennedy was partying at the family’s Palm Beach compound with his nephew, William Kennedy Smith, who was charged with the rape of Patricia Bowman during that evening. The Kennedy machine was able to undermine Bowman’s charges by assassinating her character ahead of the trial.

Not surprisingly, Kennedy was an ardent backer of his friend Bill Clinton after the latter lied about sexual encounters with a subordinate White House intern in 1998.

In turn, Clinton awarded Kennedy the Presidential Medal of Freedom, which, along with the Congressional Gold Medal, is the highest civilian award in the U.S. It is designated for individuals who have made “an especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors.”

Setting aside all of his personal tragedies, what about the tributes and rave reviews of Kennedy’s public life, his success as a legislator?

According to Barack Obama, “Our country has lost a great leader, who picked up the torch of his fallen brothers and became the greatest United States Senator of our time.”

House Speaker Nancy Pelosi insists, “No one has done more than Senator Kennedy to educate our children, care for our seniors and ensure equality for all Americans. Ted Kennedy’s dream of quality health care for all Americans will be made real this year because of his leadership and his inspiration.”

Senate Majority Leader Harry Reid adds, “Ted Kennedy’s dream was the one for which the Founding Fathers fought and for which his brothers sought to realize. The Liberal Lion’s mighty roar may now fall silent, but his dream shall never die.”

Oh, really?

Kennedy has a very long legacy of legislative accomplishments, but not one of them is expressly authorized by our Constitution, that venerable old document he has repeatedly pledged by oath “to support and defend.”

Kennedy’s long Senate tenure was, in fact, defined by hypocrisy.

For example, consider that this fine Catholic boy’s advocacy for abortion and homosexuality was second to none.

In regard to Operation Iraqi Freedom, consider his claim during the Clinton years: “We have known for many years that Saddam Hussein is seeking and developing weapons of mass destruction.” A few years later, with his cadre of traitorous leftists at his side, Kennedy claimed, “The Bush administration misrepresented and distorted the intelligence to justify a war that America should never have fought.”

Who can forget Kennedy’s outrageous 2006 inquisition into the integrity of then Supreme Court nominee Samuel Alito? In 1987 when Ronald Reagan nominated Alito to be a U.S. District Attorney, Kennedy’s vote was among the Senate’s unanimous consent. And when Sam Alito was nominated for the Third Circuit Court of Appeals in 1990, he again received Kennedy’s vote and unanimous consent from the Senate. But after impugning Alito’s character in his Supreme Court hearings, Kennedy blustered, “If confirmed, Alito could very well fundamentally alter the balance of the court and push it dangerously to the right.”

Of course, Kennedy was an expert at “borking” judicial nominees. Indeed, he is responsible for the coining of the term. In 1987, President Ronald Reagan nominated an exceptional jurist, Robert Bork, to the Supreme Court. During Bork’s confirmation hearings, Kennedy proclaimed, “Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens.” Despicable.

No agenda was more sacred to Kennedy than opposing Constitutional Constructionists in order to convert the Judiciary into what Thomas Jefferson called the “Despotic Branch” stacked with jurists who subscribe to the notion of a so-called “Living Constitution”.

But among über-leftists like Kennedy, there is perhaps no greater hypocrisy than the fact that they are among the wealthiest of Americans but pretend to be advocates for the poor. Of course, they never give up their opulent trappings and lifestyles while pontificating what is best for the masses. (I have written on the pathology associated with this hypocrisy under the label “Inheritance Welfare Liberalism, or “rich guilt” if you will.)

And there is a long list of Kennedy legislation that has proven disastrous.

Second only to the looming disaster of his pet nationalized health care promotion, Kennedy led the charge for the Immigration and Nationality Act of 1965, ending quotas based on national origin. He argued, “[O]ur cities will not be flooded with a million immigrants annually. The ethnic mix of our country will not be upset. …[T]he bill will not inundate America with immigrants from any one country or area…”

How did that one turn out?

Kennedy also had some dangerous dalliances with the Soviets in 1983, endeavoring to undermine Ronald Reagan’s hard line with the USSR. Fortunately, his efforts did not prevail.

But Kennedy did have one thing in common with his older brothers: He had powerful oratorical skills.

At the 2004 Democrat Convention to elect his lap dog, John Kerry, Kennedy, who wrote the book on political disunity, declared to delegates, “There are those who seek to divide us. … America needs a genuine uniter — not a divider. [Republicans] divide and try to conquer.”

Fortunately, the American people weren’t buying his rhetoric — at least not until the 2008 convention, when Kennedy joined Barack Obama’s “hope ‘n’ change” chorus: “I have come here tonight to stand with you to change America…. For me this is a season of hope — new hope for a justice and fair prosperity for the many, and not just for the few — new hope. And this is the cause of my life — new hope that we will break the old gridlock and guarantee that every American — north, south, east, west, young, old — will have decent, quality health care as a fundamental right and not a privilege.”

Predictably, and before the man has even been laid to rest, there is already a rallying cry from Ted Kennedy’s grave: The Left and their mainstream media talkingheads are exhorting us to fulfill the late senator’s misguided mission to nationalize health care. (I checked, and the Constitution doesn’t authorize this either.)

As I contemplate the life of Ted Kennedy, I am left with two primary conclusions.

First, Ted Kennedy was no JFK.

In his 1961 Inaugural Address, John Kennedy said famously, “My fellow Americans: ask not what your country can do for you — ask what you can do for your country.” Ted Kennedy inverted that phrase to read, “Ask not what you can do for your country, ask what your country can do for you,” and in the process, turned the once-noble Democrat Party on end.

Second, a man who can’t govern his own life should never be entrusted with the government of others.

One of our most astute Founders, Noah Webster, wrote, “The virtues of men are of more consequence to society than their abilities. … In selecting men for office, let principle be your guide. Regard not the particular sect or denomination of the candidate — look to his character.”

In Webster’s 1828 American Dictionary of the English Language, the first use of “government” is defined in terms of self-government, not the body of those who govern.

Despite the Left’s insistence that private virtue and morality should not be a consideration when assessing those in “public service” (unless, of course, they are Republicans), the fact is that the two are irrevocably linked.

Finally, in 1968, when Ted Kennedy delivered the eulogy for his brother, Robert, he said, “My brother need not be idealized, or enlarged in death beyond what he was in life…”

I would hope that whoever is slated to deliver Ted Kennedy’s eulogy follows that advice because we do a disservice to him and our country to suggest Kennedy was anything more than he was.

I do not know who will bestow his final tribute, but I do know it will not be Mary Jo Kopechne.

Semper Vigilo, Fortis, Paratus et Fidelis!

Mark Alexander
Publisher, PatriotPost.US

Incorporation: Beast or Blessing?

August 25, 2009

Incorporation used in this context will apply to legal terminology.

First, I suppose that I will need to go pee in the various swelled headed Lawyers morning bowl of oatmeal. I believe that you simply do not have to be a Lawyer in order to understand the difference between what is right and wrong. Moral, or immoral. Lawyers write really neat briefs and such. However, as I pointed out to a Jury once. They are disconnected all to often with reality.

Now, on to the point that I intend to make. The Supreme Court, and in all the downstream Courts there is a hierarchy. The Supreme Court of the United States is above, or has authority over the Courts of Appeals, which have authority over United State District Courts, which can over rule State Courts, and so on down the line. My terminology may be a bit off here, but, after all I’m not in the business of Law. I am a retired Paramedic, and the son of a dead Marine. So, if any corrections are needed as to the chain of command I will accept them.

The point here is that within the legal community there are big dogs, and then there are bigger dogs, and so on. I was taught that Law operates in the same manner. As in, there is the highest Law in the land the United States Constitution, including the Bill of Rights. All this is pretty logical so far. There is indeed a clear cut chain of command. Not to tough for a kid that attended High Schools in Southern California to understand. Or anywhere else as far as that goes.

However, it seems that some people just can’t figure out that simple principle. Those people are called Lawyers, or at least that is how it appears. No, not all Lawyers. Some actually can think like normal people do. Others though, simply can’t understand normal thinking as an old Scot saying goes…

So now, as a result of illogical and quite possibly immoral action we the American people are about to be Lorded over yet again by a bunch of blithering nincompoops that probably should be tarred and feathered! Oh, I forgot, that they had that made “illegal” so that they can’t be held accountable…

Read on folks, and warm up some tar as you send you children off to the barn for Great grandma’s old feather bed.

A federal appeals court on September 24 will hear a high-profile gun rights case that’s a leading candidate to end up before the U.S. Supreme Court.

The U.S. Ninth Circuit Court of Appeals is likely to decide whether the Second Amendment’s guarantee of a right to “keep and bear arms” restricts only the federal government — the current state of affairs — or whether it can be used to strike down intrusive state and local laws too.

A three-judge panel ruled that the Second Amendment does apply to the states. But now a larger Ninth Circuit panel will rehear the case, a procedure reserved only for issues of exceptional importance, which means the earlier decision could be upheld or overruled.

Two other circuits have said the Second Amendment does not apply to the states, a legal term known as “incorporation.” If the Ninth Circuit’s en banc panel continues to disagree with its peers, the Supreme Court almost certainly would step in.

The Ninth Circuit case involves Russell and Sallie Nordyke, who run a gun show business that would like to rent Alameda County’s fairgrounds (the county includes Oakland and is across the bay from San Francisco). After being blocked, they sued. The author of the ordinance in question, then-county supervisor Mary King, actually claimed such shows are nothing but “a place for people to display guns for worship as deities for the collectors who treat them as icons of patriotism.”

The hearing is set for 10 a.m. PT in the federal courthouse at 95 Seventh Street in San Francisco.

A few other items:

California Update: I wrote an article three months ago about a lawsuit filed by the Second Amendment Foundation and the Calguns Foundation saying routine denials of concealed carry permits violate the Second Amendment’s right to bear arms. Oral arguments on a preliminary motion in that case are scheduled for the same day — September 24 — at 2 p.m. in Sacramento.

In a brief filed on Monday, Sacramento (one of the counties sued) says it wants more time to question the gun owners who filed the case to verify that they’re in a position to sue. “Defendants seek to depose the individual plaintiffs on these issues to determine the basis of their alleged ‘undisputed facts,’ what process each plaintiff has engaged in to the end of obtaining a carry concealed permit in Sacramento County,” it says.

Some Guns Are More Equal Than Others: Nobody has been hurt by the protesters who have legally carried guns to events where the president has been speaking, and I know of no evidence that they were even close enough to see the man.

Nevertheless, Eleanor Holmes Norton, the District of Columbia’s non-voting Democratic rep in the U.S. House of Representatives, wants mandatory “gun-free zones around the president, his cabinet and other top federal officials,” according to a report by the local Fox affiliate. Similarly, the Brady Campaign told CBS News that guns have no place at such an event.

It’s Official: Congratulations to the Calguns Foundation for being awarded non-profit status by the IRS. Gene Hoffman, chairman of the Calguns Foundation, told me on Monday evening that the group is now officially a 501(c)(3) non-profit; previously, the non-profit status had been pending.

Montana Update: You may remember that a Montana state law seeks to challenge the federal government on the manufacture and sale of guns made entirely within the state. It takes effect on October 1. As soon that happens, according to Montana Shooting Sports Association president Gary Marbut, gun-rights types will have a lawsuit ready to file to prevent federal prosecution of local would-be gunsmiths.

“We have some strong arguments to make, including some that have never been argued before about the (U.S. Constitution’s) Commerce Clause and the Tenth Amendment, as far as I know,” Marbut told me on Monday.

Paging The Ninth Circuit: I just noticed yet another case in which a judge has declined to extend the Second Amendment to state or local laws. The case is called Slough v. Telb and arose out of a gun seizure in Ohio.

U.S. District Judge David Katz ruled on August 14: “The United States Supreme Court has never held that the Second Amendment is enforceable against the states by incorporation into the Due Process Clause of the Fourteenth Amendment. Courts in other circuits have held that Second Amendment rights are not enforceable against the states under (civil rights laws). As the weight of authority holds that the individual right to bear arms may not be enforceable against the states, the constitutional right to do so is anything but clearly established.”


Declan McCullagh is a correspondent for CBSNews.com. He can be reached at declan@cbsnews.com. You can bookmark the Taking Liberties site here, or subscribe to the RSS feed.

Bill Ritter 180 sanity revisited?

July 3, 2009

What does it take to restore fiscal sanity when RINO’s and Democrats get a free hand with tax and spend policy? Colorado has over the past few years been somewhat protected by The Taxpayer Bill of Rights, more commonly known by the acronym TABOR. This past session of the legislature saw TABOR pretty much gutted. It also saw the advent of special interest legislation reaching new heights of recklessness. Not to even bother mentioning the use of “fees” to circumvent TABOR restrictions. Before leaving Colorado I briefly thought of using the initiative process to re-define the word taxation in that any charge by government at any level would be deemed a “tax.” That went nowhere. Now, the Colorado legislature, and the state of Colorado are also going nowhere. I have often had disagreements with Governor Bill Ritter about issues that span the entire realm of politics. Now, in a perfect example of broken clock economics the Governor like a broken clock that exhibits the correct time twice on a daily basis he get’s the correct answer.

Hat tip, and thanks to Senator Ted Harvey for this.

For Immediate Release                                         Contact: Ted Harvey
Ted@tedharvey.com

Bill Ritter 180


The day has come.  The numbers are in.  With only one week remaining in the 08/09 fiscal year, the Colorado budget is $250 million in the red.  Once again Governor Ritter and the Democrat legislative leadership misjudged the depth of our economic downturn.  Despite Republican warnings and objections during the last legislative session, the Democrats chose to approve the largest budget in state history.

At a time when small businesses were cutting budgets, reducing expenses, laying off staff or closing their doors altogether, the Democrat legislature grew the Colorado budget by 4% more than the previous year and hired 250 new employees.
While Colorado families were struggling through these tough economic times, the Democrats increased taxes and fees on all Coloradoans by $1 billion, raided the state’s trust funds and emergency reserves – and even tried unsuccessfully to seize $500 million in assets from the Pinnacol Assurance Company, Colorado’s largest provider of workers compensation insurance.  They also took advantage of their majority to remove the 6% spending cap that has controlled government growth for over three decades – a mechanism that has protected Colorado from the kind of out-of-control spending that has pushed states like California to the brink of bankruptcy.

Adding insult to injury, last month the Democrats handed out $30,000 in staff bonuses and spent nearly $4,000 in public funds on a “team-building” retreat.
The 2009 legislative session was a prime example of unchecked Democrat power on parade.

When actual revenues came in $250 million short of expectations, one would have expected Colorado taxpayers to receive an apology from the Governor and the Democrat leadership for their fiscal mismanagement.  Sadly, there were no apologies. Instead, taxpayers were treated to another serving of the Democrats’ brand of faith-based budgeting.

On the day the actual budget numbers came out, the Governor held a press conference explaining that the state would balance the $250 million shortfall by utilizing federal stimulus funding and pushing off payment of the state’s payroll from June 30 (the last day of 2008-2009 fiscal year), until July 1 (the first day of the new fiscal year).  Of course the only thing this did was add $250 million to the already anticipated $140 million shortfall for the new fiscal year-making the state $390 million in the hole from day one! This was simply Enron bookkeeping to avoid making the tough choices and leaving Colorado taxpayers to pick up the tab.
The Governor then rebuffed any media questions regarding an immediate special legislative session to balance our growing deficit.  He continued to insist that the problem could wait until the legislature reconvened in January.  Unfortunately, the Governor failed to admit that delaying for another six months until the start of the 2010 session would only magnify the impact any impending cuts would have on the state budget.

Sadly, the Democrat legislative response was no better.  The only suggestion from the Chairman of the Joint Budget Committee was to extend a property tax increase on senior citizens for another year, and remove tax credits from business owners.
The truth is, on the Day of Reckoning, when the actual budget numbers came out, our Colorado Democrat leadership revealed their true soul and proved once and for all that they were incapable of cutting even one government service or one state employee.

Predictably, the public was outraged.  The lack of Democrat leadership was undeniable.  Faced with an economic reality and voter rebellion, Governor Ritter quickly realized that it was time for government to tighten its belt.
On Thursday, only two days after his initial response, the Governor held another press conference…one that I have dubbed “Bill Ritter 180.”  Surprisingly, he announced what Republicans had been demanding for over two years, that he was directing each of his department heads to review their budgets and cut 10% across the board.  Hallelujah, the leader of our state finally showed leadership! And may God bless him for it. He may have just saved our great state from following California’s lead…straight off the cliff.
Indeed it has been our Republican legislators who have led the charge for fiscal sanity over the last 24 months while pushing for across-the-board cuts…but this week we must give credit to whom credit is due.  Bill Ritter has finally taken a stand and come out against many members of his own party.  Good for him and good for Colorado!
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For more information on Senator Ted Harvey please visit his website at www.tedharvey.com

Ken Salazar: Stupid is as stupid does redux

May 7, 2009

Ken Salazar is a nice guy. That said he is a near total incompetent in the realm of public service in mine, and the opinions of many others. It is beyond me why on earth he was selected by the impostor in chief for the position that he currently holds. His only true claim to fame in public service is the Great Outdoors Colorado Amendment, and that, by all accounts was suggested to him, no initiative  there. Some point to his service as State Attorney General with pride. What I saw was mysandry, and later siding with Ex Governor Roy Romer in pardoning a woman that put an axe through her sleeping husbands head. That woman should still be in prison, just like every man that has murdered his wife and been convicted has. I am perhaps being too harsh on him, after all, he had the good sense to oppose listing grass rats that infest the state as “endangered” after all. Perhaps my biggest problem with him is what I see as a lack of courage in refusing to go on air with people like Gunny Bob, or even soft ball pitchers Caplis and Silverman.

Then he goes and does this…

Gov reacts strongly to Salazar’s wind power comment

CHEYENNE — Depending on where you stand, Interior Secretary Ken Salazar’s comment this week that wind energy could replace coal-fired power in the United States was either welcome news, or so much hot air.

“The idea that wind energy has the potential to replace most of our coal-burning power today is a very real possibility,” Salazar said, according to The Associated Press. “It is not technology that is pie-in-the sky; it is here and now.”

Here in Wyoming, the nation’s No. 1 coal-producing state, Salazar’s comments drew a mix of responses.

Marion Loomis, executive director of the Wyoming Mining Association, said it’s important to look carefully at what Salazar actually said.

The key word in the secretary’s comments, Loomis said, was “potential.”

“To say that the potential is there is true,” Loomis said. “Just like it’s true with nuclear or oil shale. It’s another thing to say you’re going to switch from the traditional sources to something that would be impossible.”

That said, Loomis agrees that wind energy will doubtless play a larger role in the nation’s energy generation.

“But it will be difficult to approach anything close to what coal is providing in any realistic foreseeable time frame,” Loomis said. “Coal is going to be around for a long time.”

Gov. Dave Freudenthal put it even more bluntly.

“Ain’t going to happen,” Freudenthal told reporters at an impromptu new conference Wednesday that mostly focused on other topics.

Freudenthal said Salazar’s comments were a “dumb thing to say,” and may provide a teachable moment in which the new interior secretary will learn the wisdom of “not making gratuitous statements.”

Freudenthal added that the importance of coal in the nation’s energy mix is a reality, despite any creative hypotheticals by those in the Beltway.

“That potential (for wind energy to replace coal) is never going to be realized,” said Freudenthal, adding that Salazar’s comment was out of step with other messages from the Obama Administration.

For example, Freudenthal said, the federal economic stimulus package includes millions of dollars to develop technology for clean coal and carbon capture and sequestration.

He also pointed out that the administration has signaled its desire to restart the FutureGen clean coal initiative, a $1 billion project to install cutting-edge carbon capture systems on new coal-fired power plants.

“It’s kind of an interesting comment” by Salazar, Freudenthal said. “But it’s inaccurate; ain’t going to happen.”

Laurie Milford, executive director the Wyoming Outdoor Council, a Lander-based conservation group, had a slightly different take.

Milford praised Salazar for “looking seriously at renewable sources of energy.� But she also accepted that coal is a major part of the nation’s energy future.

“We have to be realistic about that,” Milford said. “It’s an important bridge fuel for decades to come. And yet while we’re still using coal to make energy, we need to be working to make coal less dirty.”

Milford also praised efforts by the state to develop more environmentally friendly coal-based energy, including efforts to perfect underground carbon storage methods, and the General Electric-University of Wyoming partnership to develop coal-to-fuels technology.

“I really think that everything the state of Wyoming is doing to make coal viable in a carbon-constrained economy is important,” Milford added. “We’ve got a long ways to go, but Wyoming is getting quite serious about it and I’m encouraged.”

Salazar, who hails from Colorado, made the comments at a public hearing in Atlantic City, N.J., on how the nation’s offshore areas can be tapped to meet America’s energy needs.

Salazar said ocean winds along the East Coast can generate 1 million megawatts of power, roughly the equivalent of 3,000 medium-sized coal-fired power plants, or nearly five times the number of coal plants now operating in the nation.

One wind power company official estimated it would take hundreds of thousands of windmills to harness that volume of energy. Efforts to develop even small-scale wind projects off the East Coast have met considerable resistance from those who live there.

A spokesman for Salazar said Monday that the secretary does not expect wind power to be fully developed, but was speaking of its total potential if it were, according to the AP.

Wyoming coal mines produced more than 450 million tons of coal in 2007, or nearly 40 percent of the nation’s coal, according to the Wyoming Mining Association.

SOURCE

Misinformation…

May 7, 2009

Misinformation, or deliberately misleading the public with an agenda driven policy? You decide.

Nothing to see here, move along: “The fact that Obama is essentially replacing — and I’m going to use these terms loosely — but a more liberal judge with what will eventually probably be a liberal judge doesn’t really change things a lot, but if John McCain were the president of the United States today, this court would be changing in extreme ways, wouldn’t it?” –CNN anchor Rick Sanchez

Misdiagnosis: “They’re very comfortable, the core of the Republican Party, with their message of skepticism about government. … Cut taxes, shrink government. … But it doesn’t sell with, with people outside of their base demographic which are white males. There’s something about that message that turns off families, that turns off women, that turns off people who think that caring matters about other — I know that this sounds silly, but caring about other people.” –Newsweek’s Howard Fineman ++ “Can they get past the cacophony of Rush Limbaugh, Dick Cheney, Newt Gingrich? These are sort of trollish figures. These aren’t the caring people, are they?” –MSNBC’s Chris Matthews in response

Stranger than fiction: “Barack Obama is a truly flabbergasting President. And in a good way — not the way some of his predecessors were. He’s not flabberghastly…. His verbiage is a melting pot that’s always bubbling.” –Washington Post TV critic Tom Shales

From the sycophants: “Let me just say, I thought that in terms of mastery of the issues, we have rarely had a president who is as well briefed and speaks in as articulate a way as this president does.” –CNN political analyst David Gergen

Uh, no: “Everybody, including Republicans, would have to say that his first 100 days have been great.” –CBS News executive producer Rick Kaplan

Reporting the important stuff: “The first couple took full advantage of the cool spring night. After a date night out on Saturday evening, President Barack Obama and first lady Michelle Obama decided to take a stroll when their motorcade arrived back at the White House.” –Associated Press writer Christine Simmons

And then we have…

He Was Hoping to Remake the Whole Universe!: “Obama, on 100th Day, Says He Is ‘Remaking’ America” –Bloomberg ++ “President Obama ‘Humbled’ by Limits of Job” –USA Today

We All Have to Make Sacrifices: “First Lady Michelle Obama Steps Out in Lanvin Sneakers and They’re Only $540!” –Daily News (New York)

Everything Seemingly Is Spinning Out of Control: “Woman Steals Ambulance, Tears Up Grass Doing ‘Donuts’ in Millennium Park” –Chicago Sun-Times

News of the Tautological: “Flushing Government Stimulus Cash Down the Toilet?” –Associated Press

News You Can Use: “Airline Seats to Mexico Easy to Come By” –Associated Press

Bottom Stories of the Day: “Two Men Ordered to Stay Away From Britney Spears” –Reuters

(Thanks to The Wall Street Journal’s James Taranto)

Batting clean up…

Another misdiagnosis: “The Republican Party is in deep trouble. Americans do want to pay taxes for services. Americans are looking for more government in their life, not less.” –former secretary of state Colin Powell

From the Clintonistas: “It’s their best issue that these tea baggers, they turned everybody off. There were a bunch of, like, 75-year-old cranky white guys mad at everything. It just couldn’t have been a better event for the Democratic Party. I hope they come back and tea bag some more. … I think that the Democrats are going to be smart enough to- when this recession is over and it will be over, to jump back on top of the spending issue like President Clinton did back in the ’90s. … Republicans shouldn’t be worried. They should be in agony. They should be throwing up. Republicans had better get a better policy on prescription drugs and quickly they’re going to need a lot more Prozac.” –CNN analyst James Carville

Europeanness envy: “I really hope that every citizen of the United States would imitate the rest of the world because they’re all for Obama. Every other country adores what happened, in our great country, to have him as president. … I love everything he’s done and everything he’s doing. I think we should give him all-out support for anything he wants to do. We should all help. He’s giving our country back to us.” –singer Tony Bennett

“Under Obama’s reasoning, the judge’s job isn’t to interpret the law: the judge should walk a mile in the appellant’s Birkenstocks.” –Human Events editor Jed Babbin

“It seems the Hog Producers have squealed a bit about their product getting a bad name so, according to the NY Times, it will no longer be called the Swine Flu. Henceforth it will be called Influenza A(H1N1). … I have a better idea for a new name. How about Montezuma’s Revenge?” –political analyst Rich Galen

“President Obama’s strongest talent is not his speechifying, which is frankly a bit of a snoozeroo. In Europe, he left ’em wanting less pretty much every time (headline from Britain’s Daily Telegraph: ‘Barack Obama Really Does Go On A Bit’). That uptilted chin combined with the left-right teleprompter neck swivel you can set your watch by makes him look like an emaciated Mussolini umpiring an endless rally of high lobs on Centre Court at Wimbledon. Each to his own, but I don’t think those who routinely hail him as the greatest orator since Socrates actually sit through many of his speeches.” –columnist Mark Steyn

“Segway’s inventor revealed plans to make a hybrid electric car powered by an engine which uses cow manure for fuel, and then use that engine to light Third World homes. Imagine generators that run on manure. Every time President Obama says he doesn’t want to run private industry a third of the planet could be electrocuted by the power surge.” –comedian Argus Hamilton

Jay Leno had to add hit two bits…

Sixty-nine-year-old Supreme Court Justice David Souter said he’s going to retire next month. Why’s he retiring? I mean, he’s a senior citizen. What’s he going to do? He’s going to sit around the house all day in his robe being judgmental, right? He might as well just stay on the job.

As a replacement for Judge Souter, they say President Obama is looking for a woman, and the rumor is Hillary Clinton is on the short list. Yeah. That’s got to be Bill’s worst nightmare, huh? A woman who can rule on the death penalty.

Well, as you know, Supreme Court judge is a job for life. There’s only one other job in Washington that’s a job for life. That’s on the Joe Biden Clarification and Apology Unit. And that’s 24/7. That’s very hectic.

In fact, just a day after saying he wouldn’t go anywhere in confined places like an aircraft or a subway because of the swine flu, Vice President Biden rode a train from Washington to Delaware. You know what that means? Not even Joe Biden listens to Joe Biden.

SOURCE