Thursday, August 13, 2015

Scalia Dissent in King v. Burwell

___"This Court’s two decisions on the Act will surely be remembered through the years. The somersaults of statutory interpretation they have performed (“penalty” means tax … “established by the State” means not established by the State) will be cited by liti­gants endlessly, to the confusion of honest jurisprudence. And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites."

___Now the PPACA is being challenged again because SCOTUS has determined that it is a "tax" bill, but the LAW states:

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

___H.R. 3590, the bill that became Obamacare, was originally titled “Service Members Home Ownership Tax Act of 2009” and had nothing to do with health care.

___But to secure passage of Obamacare, the Senate decided to take this bill, which had passed the House, and gut it entirely, replacing the entire text of that bill with the Obamacare title and text and keeping only the bill number. After it passed the Senate, the House then approved the new Senate-drafted bill through a reconciliation bill. The House made no changes to the text, which, because of the Senate’s obscure procedural rules, meant that when the bill went back to the Senate, it was not subject to a filibuster. This was significant because, in the interim, Sen. Ted Kennedy, D-Mass., had died and been replaced by Scott Brown, R-Mass., thereby depriving the Democrats of the 60 votes they would need to defeat an otherwise inevitable Republican filibuster.

Sunday, August 9, 2015

Can an American Lose Her/His Citizenship?

___”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.” My citizenship is due to my birth in Alabama. My father's citizenship is due to his birth in North Carolina. My mother's citizenship is due to her birth in Alabama. My wife was born in Scotland to a Polish father and a Scottish mother. They came to the United States when she was several months old. Persons not born in the United States may become citizens by rejecting allegiance to the country of their birth and swearing allegiance to the United States. In my wife's case she recited the pledge of allegiance daily in elementary school in Hawaii. All citizens must be subject to the jurisdiction of the United States.

___If an American citizen travels to another country with the intent of giving allegiance to the country or training to harm the United States, then her/his passport should be seized and destroyed. As enemies they should be rejected from ever entering the United States.

Sunday, July 12, 2015

SCotUS Decision on Same-Sex Marriage is Bizarre!

___Even if the Justices supported same-sex marriage, to extend it to ALL states is bizarre. May a prostitute from Nevada - where prostitution is legal - practice her/his trade in a state where prostitution is illegal? What is the difference in the sin of sodomy being legalized and the sin of prostitution being legalized? What about marijuana use and sales? Will the states that currently prohibit this be forced to allow use and sales by people from states where this is legal?

___To make this decision the five Justices appealed to the 14th Amendment while ignoring the 10th Amendment. This is bizarre since the 10th was a part of the original Bill of Rights and the 14th was ratified in 1868 to protect the rights of freed slaves! Note that the 14th is a favorite of "legislators from the bench" for birthright citizenship, legalizing abortion, overturning the vote of Florida, etc. Two of the five Justices had performed same-sex marriages and should have recused themselves.

___In the 1800s, Wisconsin refused to honor the illegal Dred Scott (blacks are not human) decision. Current-day legal authorities should follow this precedent!

Friday, July 10, 2015

Enforce the Laws or Be Tried as an Accessory!

___The California case involved 32 year old Kathryn Steinle, who was walking with her father on a pier in the “sanctuary city” of San Francisco. An illegal immigrant who had been deported five times prior killed her. The Texas case involved an illegal immigrant who had been deported four times prior. Police say the man admitted to murdering his wife with a hammer.

___The legal authorities responsible for these tragedies should be arrested and tried as accessories to murder. There must be penalties for allowing crimes to be committed. It is called a rule of law. Otherwise we are no different from a third-world country.

___This includes automatically giving "citizenship" to babies born in the United States. The much abused 14th Amendment has a second condition: subject to the jurisdiction thereof. Babies could get "conditional citizenship" until it becomes evident that they are not subject to the Constitution. At that point, they should be stripped of their birthright citizenship and deported. Citizenship should always be a privilege.

___San Francisco is directly violating federal law, as are all of the other sanctuary cities. Under Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. §1373), it is a violation of federal law for any state or local government to “prohibit, or in any way restrict” law enforcement or other government officials from sending or receiving information from the federal government on the “citizenship or immigration status, lawful or unlawful, of any individual.”

___Three murders (Tony Bologna and his two teenage sons) occurred in 2008. The Mayor and City Council of San Francisco are accessories. The Steinle and Bologna families need to bring a civil suit against them regardless of an criminal action. A multimillion dollar judgement against city officials might get their attention!

Tuesday, June 23, 2015

The Flag on the South Carolina Capitol

___The Confederate flag over the South Carolina Capitol is an historic symbol standing for the war that the Confederate States of America (CSA) had to fight for independence from the United States of America (USA).

___Yankee historians have blamed the war on slavery. This is a revision of the facts. The Emancipation Proclamation became effective 1 January 1863. This was almost two full years into the war, and it only freed the slaves in the CSA. Slavery was still legal in five states in the USA. Slavery was not abolished in the USA until the 13th Amendment was ratified after the war.

___The situation in 1860 was similar to the situation in 1770. Northern states had the population, manufacturing and navy as did England in 1770, and controlled trade with tariff policy. The southern states had a basically agrarian society. When Lincoln was elected, the southern states had no choice – just as the colonies had no choice in 1770. The southern states seceded and formed the CSA before Lincoln took office. Lincoln and the Radical Republicans refused to accept secession and give up subjugation of the southern states - just as King George did in 1776 with the colonies. The USA sent three ships to resupply the Federal fort in Charleston harbor. This was as unacceptable to the CSA as was Russia sending ships with missiles for Cuba in 1962. Fort Sumter was forced to surrender. At this point the USA invaded the CSA.

___The CSA would never have gone to war with the USA. The USA had about 3 times the population, most of the manufacturing and weapons technology, and a navy. The CSA was fighting an invader for its very existence! Most of the war was fought on southern soil. Lee lost the war when he became overconfident and invaded Pennsylvania without Stonewall Jackson. The USA lost at least 65,000 more men than the CSA, but, with 3 times the population, it could sustain the loss. The CSA lost a far greater percentage of men. At the time Lee surrendered he was outnumbered 10-to-1, had few supplies and little ammunition to sustain a defense.

___It was a real tragedy that Lincoln was assassinated because his policy toward the southern states would have been much more lenient than the Radical Republicans, the “carpetbaggers” and the “scalawags.” The injustices of the Reconstruction era solidified a hatred of the blacks being manipulated. It was similar to the tragedy that Martin Luther King Jr was assassinated in 1968. He had called for “color blindness” instead of “affirmative action.” The racist and divisive policies of the government have seeded the hatred of today.

___The flag should be taken down only if government schools teach the truth about America's Second War for Independence.

___The northern and far western (blue) states have imposed progressive socialism and immorality on America. Professor Gruber says we are stupid and apathetic. Is he right?

Tuesday, June 16, 2015

Obamanomics - Why Our Economy is Not Growing

___The goal of the Obama administration is to redistribute income. This is Karl Marx' idea to take from those who have excess in order to give to those who have less. The poverty level is defined by the Commerce Department for EBT cards, rent and health subsidies, free cell phones etc. It is defined by the Agriculture Department for free food (milk, cheese, etc purchased by DA to keep prices high). There are about 44 million living in "poverty" per USDebtClock.org

___Much of the burden on small business is regulations created by the Executive branch. Congress has relegated its power to Executive agencies like IRS, EPA, etc. To overrule a regulation requires a majority of Congress, but with thousands of regulations created each year, Congress allows most to become "law." An example is carbon regulation (tax) to "mitigate global climate change." If an American manufacturer makes widgets, then part of the cost/price of the widget will be compliance with regulations. China has no obligation to follow these regulations and incur a cost, so their widgets will sell at a lower price.

___Under Kyoto and Copenhagen climate agreements, "developed" countries must clean up their acts. "Developing" countries are not obligated to do so, although it is encouraged if "developed" countries provide the technology and funding to do so! With the Paris meeting in December, PoTUS has gotten the Pope to make the same argument. The problem with a global policy is that the 200 countries are very different. A one-size-fits-all policy is stupid when applied to apples and oranges!

___It is obviously stupid to exempt China from environmental costs since it has the second largest economy of all countries on the planet! Since China is growing at three times or more than the United States, it will have the planet's largest economy of any country very soon.

___Both Japan and China each hold more than $1 trillion in U.S. debt. This gives them enormous control of world finance. They may demand that the dollar can no longer be the reference currency. Think of all prices in Special Drawing Rights of the International Monetary Fund with 1/5 the value determined by dollar, pound, euro, yen and yuan each! Americans could not accept the metric system!

Thursday, June 11, 2015

Bill of Non-Rights

'We the sensible people of the United States, in an attempt to help everyone get along, restore some semblance of justice, avoid more riots, keep our nation safe, promote positive behavior, and secure the blessings of debt-free liberty to ourselves and our great-great-great-grandchildren, hereby try one more time to ordain and establish some common sense guidelines for the terminally whiny, guilt ridden, delusional. We hold these truths to be self evident: that a whole lot of people are confused by the Bill of Rights and are so dim they require a Bill of NON-Rights.'

ARTICLE I:

You do not have the right to a new car, big screen TV, or any other form of wealth. More power to you if you can legally acquire them, but no one is guaranteeing anything.

ARTICLE II:

You do not have the right to never be offended. This country is based on freedom, and that means freedom for everyone -- not just you! You may leave the room, turn the channel, express a different opinion, etc.; but the world is full of dummies, and probably always will be.

ARTICLE III:

You do not have the right to be free from harm. If you stick a screwdriver in your eye, learn to be more careful; do not expect the tool manufacturer to make you and all your relatives independently wealthy.

ARTICLE IV:

You do not have the right to free food and housing. Americans are the most charitable people to be found, and will gladly help anyone in need, but we are quickly growing weary of subsidizing generation after generation of professional couch potatoes who achieve nothing more than the creation of another generation of professional couch potatoes.

ARTICLE V:

You do not have the right to free health care. That would be nice, but from the looks of public housing, we're just not interested in public health care.

ARTICLE VI:

You do not have the right to physically harm other people. If you kidnap, rape, intentionally maim or kill someone, don't be surprised if the rest of us want to see you get the blue juice.

ARTICLE VII:

You do not have the right to the possessions of others. If you rob, cheat, or coerce away the goods or services of other citizens, don't be surprised if the rest of us get together and lock you away in a place where you still won't have the right to a big screen color TV or a life of leisure.

ARTICLE VIII:

You do not have the right to a job. All of us surely want you to have a job, and will gladly help you along in hard times, but we expect you to take advantage of the opportunities of education and vocational training laid before you to make yourself useful.

ARTICLE IX:

You do not have the right to happiness. Being an American means that you have the right to PURSUE happiness, which by the way, is a lot easier if you are unencumbered by an over abundance of idiotic laws created by those of you who were confused by the Bill of Rights.

ARTICLE X:

This is an English speaking country. We don't care where you came from, English is our language. Learn it!

ARTICLE XI:

You do not have the right to change our country's history or heritage. This country was founded on the belief in one true God. And yet, you are given the freedom to believe in any religion, any faith, or no faith at all; with no fear of persecution. The phrase IN GOD WE TRUST is part of our heritage and history, sorry if you are uncomfortable with it.