Archive for the 'Civil Liberties' Category

The Supreme Court will rule on the constitutionality of Obamacare this year. The arguments and the issue which got the most publicity was the individual mandate. I don’t actually care much about this although it may well violate the Constitution. There are far worse things in the legislation and they should be emphatically rejected by the Supreme Court. The worst of the issues is discussed in detail here. This is a really frightening piece of legislation and I cannot imagine that the Court will let it stand. Of course, given the absence of argument, the Court will have to find this hidden provision itself.

Perhaps nothing in the Obamacare legislation embodies the top-down, command-and-control nature of Progressive healthcare more than the Independent Payment Advisory Board (IPAB), a 15-member panel of “experts” to be appointed by the President. There are three particular features of the IPAB that illustrate this fact: The IPAB will control all healthcare spending, public and private. The IPAB has been awarded near-dictatorial power. And the IPAB is designed to be a nearly immutable entity.

How is this accomplished ?

Specifically, Section 10320 (in the Managers’ Amendments portion of the legislation) grants the IPAB, beginning in 2015, the authority to limit all healthcare expenditures, that is, all healthcare expenditures, and not just expenditures by Medicare or government-run programs.

To emphasize this expanded authority, Section 10320 changes the name of the “Independent Medicare Advisory Board” to the “Independent Payment Advisory Board.” It directs the IPAB, at least every two years, to “submit to Congress and the President recommendations to slow the growth in national health expenditures” for private healthcare programs. Furthermore, it designates that these “recommendations” may be implemented by the Secretary of HHS or other Federal agencies “administratively” (that is, without any action by Congress).

Thus the federal government can control, under penalty of criminal prosecution of doctors, private health care spending ! This goes well beyond Medicare and Medicaid. It will prevent, unless stopped, people from spending their own money on health care.

That is not the worst of it. The IPAB cannot be changed or repealed by Congress. This is unprecedented in US law. Even the ill-advised Prohibition Amendment, promoted as another moral obligation by progressives after World War I, could be repealed by another constitutional amendment.

A quick reading of Section 3403 might leave one with the impression that the IPAB is a sort of Mr. Rogers of healthcare – a mild-mannered, friendly, always-helpful, but ultimately undemanding agent for good. This is the impression imparted by the first few paragraphs of the Section, which paint the new entity as an “advisory” board, whose main task is to develop “proposals” and “advisory reports,” which “proposals” and “advisory reports” would solely consist of various “recommendations,” that ought to be “considered” for the purpose of cost reduction.

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KIA in America’s first battle:

John Brown
Samuel Hadley
Caleb Harrington
Jonathon Harrington
Robert Munroe
Isaac Muzzey
Asahel Porter
Jonas Parker

God bless America.

FOR IMMEDIATE RELEASE
April 12, 2012

Contact: Eric Kohn
Communications Director, Chicago Tea Party
eric@chicagoteaparty.org
773-209-3435

TAX DAY TEA PARTY PLANNED FOR CHICAGO

CHICAGO – Concerned citizens are set to gather at noon on Monday, April 16 at Daley Plaza at 50 W. Washington to protest out of control spending, unsustainable deficits and the unprecedented growth of government. People will come together in downtown Chicago, where the tea party movement began, to hold politicians of both parties accountable, stop runaway spending and defend individual liberty and free markets.

“We are concerned with the direction of our country and our state,” said Chicago Tea Party Communications Director Eric Kohn. “The only solutions being offered from politicians in Washington and Springfield are higher taxes, more spending and massive debt. We will continue to fight for less government, more freedom and fiscal responsibility on tax day and every day through the November election.”

EVENT DETAILS

What: Chicago Tax Day Tea Party
Where: Daley Plaza, 50 W. Washington St., Chicago
When: Noon – 2PM, Monday, April 16

FEATURED SPEAKERS:
U.S. Conressman, Joe Walsh, IL-8th District
Wisconsin Lieutenant Governor Rebecca Kleefisch
Dana Loesch, CNN Contributor, Co-Founder St. Louis Tea Party
Denise Cattoni, State Director, Illinois Tea Party
Joel Pollak, Editor-in-Chief, Breitbart.com
Dan Proft, WLS-AM 890 Host
David From, State Director, Americans for Prosperity Illinois
Contact Eric Kohn at 773-209-3435 for press availability with the speakers.

There will be shirts for sale at the 4th annual Tax Day Tea Party Rally, including the above design from Bob Black.

So – the blog kerfuffle du jour is John Derbyshire and the internet essay that he wrote for another obscure blog-magazine, the topic of which has raised such a general ruckus among the right-thinking side of the blogosphere, that it got him dumped over Easter weekend from the National Review and has the Breitbart conglomerate all in a twitter, and many of the rest of us on the libertarian/conservative/free-thinking side of the spectrum seeming to be thinking thoughts pretty much split three ways; cringing and thinking ‘oh, s**t’ or ‘about damn time’ and ‘ ‘OK then – if representatives of the capital ‘B’ Black community can witter all over the print media and the intertubules about their worries about their children running afoul of the 21st century version of the KKK – can those of us from the race of pallor worry frankly and openly about getting lost in certain neighborhoods, the odds on survival when taking the wrong exit off particular interstates in big urban areas, or the wisdom of going to certain sports venues without being armed to the teeth?’
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In Barak Obama’s resume was a statement that he taught constitutional law as an “adjunct professor” at U of Chicago Law School. I have never considered this to be a major achievement since adjunct professors are not paid and the subject he taught was more related to his other interests. Constitutional law was not one of them.

At the school, Mr. Obama taught three courses, ascending to senior lecturer, a title otherwise carried only by a few federal judges. His most traditional course was in the due process and equal protection areas of constitutional law. His voting rights class traced the evolution of election law, from the disenfranchisement of blacks to contemporary debates over districting and campaign finance. Mr. Obama was so interested in the subject that he helped Richard Pildes, a professor at New York University, develop a leading casebook in the field.

Mr. Obama was especially eager for his charges to understand the horrors of the past, students say. He assigned a 1919 catalog of lynching victims, including some who were first raped or stripped of their ears and fingers, others who were pregnant or lynched with their children, and some whose charred bodies were sold off, bone fragment by bone fragment, to gawkers…

Should we be surprised at his knowledge, or lack of it, on the basics of constitutional law ? Even his attempt to correct his clueless comments about judicial review are incoherent

Apparently unaware of the most basic principles of constitutional law, going back to Marbury v. Madison in 1803, he said:

And I — I’d just remind conservative commentators that for years what we’ve heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint; that, uhhh, an unelected, uhhh, group of — of people would somehow overturn, uhhh, a duly constituted and — and passed, uh, law. Uh, well, uh, uh, is a good example. Uhh, and I’m pretty confident that this, — this court will recognize that, uh, and not take that step.

The 5th Circuit Court of Appeals responded

Overturning a law of course would not be unprecedented — since the Supreme Court since 1803 has asserted the power to strike down laws it interprets as unconstitutional. The three-judge appellate court appears to be asking the administration to admit that basic premise — despite the president’s remarks that implied the contrary. The panel ordered the Justice Department to submit a three-page, single-spaced letter by noon Thursday addressing whether the Executive Branch believes courts have such power, the lawyer said.

Marbury vs Madison is one of the oldest and most basic cases that would be studied by a law student interested in Constitutional Law. The fact that our president does not know this ranks with his comments on speaking “Austrian” in Austria and his estimation of the number of US states.

Is he really this dim ? Did Harvard turn out this affirmative action dullard and inflict him on the country ?

There was a shooting in Florida this week that has now accumulated all the “usual suspects” for a racial extravaganza. The bare details are that a Florida neighborhood had had a high number of burglaries in the previous year. The neighbors had instituted a “neighborhood watch.” The watch member on duty saw a black teenager in a “hoodie” sweatshirt acting in a way that he thought was suspicious. He called 911. The 911 call was recorded but the record may not be clear. A new eyewitness has said that the shooting victim was attacking the shooter and was on top of him as the shooter called for help. The shooter was not arrested and now the local police chief has removed himself from the case. The shooter is in hiding, afraid for his life. Was this a terrible mistake ? Surely the shooting was not done in malice. The shooter is Hispanic and a local resident. Local neighborhood watches are common in Florida, which has a “stand your ground” law. Self defense does not require retreat but this was on a public street, not the shooter’s home. I suspect neighborhood watches are about to be disarmed in Florida.

The usual suspects have all appeared, including Barack Obama, who seems to insert himself into every racial incident. Of course, Al Sharpton (MSNBC commentator) is heavily involved. Hopefully, the body count will not reach previous levels in Sharpton’s activities. Sharpton did manage to convince some suckers (sorry, supporters) to pay his debts in the Tawana Brawley hoax I guess that means he can go back to New York for his MSNBC gig.

This may be the substitute for the failed contraception ploy the Democrats attempted. Maybe there really was a crime committed by an excited neighborhood watch member. If so, the magnitude would be voluntary manslaughter, hardly a reason for the attempted lynching now going on in Florida and Washington. It is ironic that the group, which suffered 100 years ago from lynching, now seems to promote it. I think the Republicans would do well to stay away from this case with the exception of the usual sympathy for the victim. It is getting ugly and the facts are far from established.

George Orwell was more right than he knew….

Congress passed a law – by unanimous consent in the Senate and by a suspension of rules in the House – to permit the Federal government to arbitrarily arrest and imprison for up to ten years members of the serf class (formerly known as “American citizens”) whose presence annoys or offends specially designated members of the elite and foreign dignitaries. A list that will no doubt expand greatly in future legislation to include very “special” private citizens.

Think about that, future “Joe the Plumbers” or Cindy Sheehans, before you ask an impertinent question of your betters or wave your handmade cardboard sign. Is ten seconds of glory on your local ABC affiliate news at 5 o’clock worth that felony arrest record and federally funded anal exam?

No? Then kindly shut your mouth, sir. Learn your place.

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Stand Up For Religious Freedom

The Nationwide Rally for Religious Freedom is being held Friday, March 23 at noon, local time, outside federal buildings, Congressional offices and historic sites across the country. The theme for the Rally is “Stand Up for Religious Freedom—Stop the HHS Mandate!”

Nationwide Rally Locations and Info

Chicago: Federal Plaza, 50 W.Adams, Friday, March 23, Noon.

Click on the link to find a location near you.

If you haven’t already purchased the Archdiocesan Directory for 2012, I would suggest you get one as a souvenir. On page L-3, there is a complete list of Catholic hospitals and health care institutions in Cook and Lake counties. Each entry represents much sacrifice on the part of medical personnel, administrators and religious sponsors. Each name signifies the love of Christ to people of all classes and races and religions. Two Lents from now, unless something changes, that page will be blank.

Francis Cardinal George, Archbishop of Chicago, on the HHS Mandate.

RTWT. The column from the Cardinal is very good, though too fatalistic.

This vicious thing can be stopped and rolled back.

I’ve read that the above slogan was prominently displayed at polling places during the “elections” held during the early years of the Nazi regime. While the only definitive links on I can find on this poster are at the search summary screen here, it is clear that these elections (in 1933, 1936, and 1938) were marked by a climate of extreme intimidation, as well as the banning of opposition parties. This link suggests that to the extent people were still able to choose to vote by secret ballot, surreptitious means were used to identify those who had voted “incorrectly.”

In Venezuela, in 2003, dictator-in-waiting Hugo Chavez asserted that “those who sign against Chavez are signing against their country and against the future”, and added, “whoever signs against Chavez, there will remain his name recorded for history.

And in the United States in 2012, a tweet sent out under the name of and with the evident approval of Barack Obama said:

Add your name to demand that the Koch brothers make their donors public: http://OFA.BO/mfLtZX

(The reference is to the organization Americans for Prosperity, to which the Kochs have contributed but of which they are not officers or directors.)

Pressuring a political organization to make the names of its donors public is intimidation, pure and simple. Should Obama win a second term, you can expect the level of intimidation directed against American citizens not in his camp to rise to levels which are now almost unimaginable.

via Ricochet

Also see PowerLine: Why can’t the Obama administration make its case without disseminating hate?

I knew that Fanny Kemble was a 19th-century British actress, but that’s about all I knew about her prior to encountering her description of an 1830 train ride and thoughts about the contrasting attributes and social values of George Stephenson the engineer and Lord Alvanley the aristocrat. Fanny seemed like an astute observer and a good thinker, and one of the first things I did after getting my Kindle was to download her very extensive memoirs. She was born in 1809 to a noted theatrical family, achieved fame as an actress in both Britain and America, wrote two plays and a novel, married an American plantation owner and lived in coastal Georgia, and throughout her life recorded her thoughts and observations in her journal and in letters to friends. Publication of her impressions of America (in 1835) created quite a stir, as did the 1863 publication of her plantation journal, with its searing observations about the realities of slavery.

Fanny’s writing is a valuable source for anyone interested in the social history of Britain and America during her era; she also has many thoughts about the theater and especially about the plays of Shakespeare; her writing is vivid, intelligent, and often quirky. She can quickly segue from an aesthetic observation of a railway journey to thoughts about governance and religion:

The road from Birmingham here is quite pretty; the country in a most exquisite state of leaf and blossom; the crops look extremely well along this route; and the little cottage gardens, which delight my heart with their tidy cheerfulness, are so many nosegays of laburnum, honeysuckle, and lilac.

I suppose the railroad men get fond of their particular engine, though they can’t pat and stroke it, as sailors do of their ship. Speculate upon that form of human love. I take it there is nothing which, being the object of a man’s occupation, may not be made also that of his affection, pride, and solicitude, too. Were we—people in general, I mean—Christians, forms of government would be matters of quite secondary importance; in fact, of mere expediency. A republic, such as the American, being the slightest possible form of government, seems to me the best adapted to an enlightened, civilized Christian community, a community who deserve that name; and, you know, the theory of making people what they should be is to treat them better than they deserve—an axiom that holds good in all moral questions, of which political government should be one.

Fanny’s father Charles, himself a noted Shakespearean actor, unfortunately took an investment and management interest in the Covent Garden Theater–which position carried personal liability for the theater’s debts and kept the family in scary financial straits for many years. It was largely in the hope of creating a new star who would bring in ticket revenues and head off financial disaster that Fanny was first put on stage, in the role of Juliet, in 1829. She quickly achieved great popular acclaim, but the bottomless quicksand of Covent Garden’s finances led Charles to organize a theatrical tour in the United States for himself and his daughter.

The decision to publish Fanny’s journal describing her impressions of America was driven by the need to generate money for the care of a beloved aunt who had suffered a serious carriage accident. The publishing project was vehemently opposed by Fanny’s new American husband, Pierce Butler, whom she married in 1834, and the conflict set the tone for what was to be a disastrous marriage.

The “Journal of a Residence in America” got a lot of attention, much of it negative. Edgar Allan Poe objected to Fanny’s “dictatorial manner” and felt that the self-confident tone of the book was contrary to “American notions of the retiring delicacy of the female character”…yet he went on to speak of the “sound sense and unwelcome truth” of much of her comment and the book’s “vivacity of style” and “beautiful descriptions.” On the other side of the Atlantic, soon-to-be Queen Victoria told her diary that the book was “very pertly and oddly written…not well bred”…”full of trash and nonsense which could only do harm”….yet a few days later she was admitting that there were “some very fine feelings in it.”

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Link

As I was working over a hot computer this afternoon, with the local classical music station on, I heard a reader for this little excursion. Oh, my – I wondered if Texas Public Radio just wants us to get a good look at what happens when a prosperous state undergoes a revolution of the proletariat, and have received a full ration of social justice, as well as management by the modern version of the philosopher kings … yep, get a good long hard look at the itinerary. It includes a stop at the Bay of Pigs Museum. Lots of lovely pre-revolution buildings – at least, that is what the TPR website page about the tour displays.
Gee, I guess they couldn’t wrangle a tour to Syria – I gather that it’s lovely, this time of year. Or maybe to another civil-rights hellhole like Burma, or Iran; so many lovely historic buildings and pleasing vistas, for the delectation of the culturally-sensitive and well-heeled visitors. I am just gob-smacked by this – and the timing for this particular tour offering, as well as the community that it has been offered to. San Antonio is a fairly conservative town, full of former military – and many of whom are sponsors and contributors to public radio – or at least, we were, back in the day.
I used to work at this place, as a part-time announcer; until they decided to let all the local part-timers go, and manage the station with a combination of full-time professionals and automation. I used to think that TPR was one of those intersections where a lot of different circles in San Antonio intersected. Now, my daughter is wondering – Did Sean Penn and Michael Moore go halfsies on corporate-sponsoring Texas Public Radio?

Government lunchbox inspectors in North Carolina

The shooting of James King – political murder disguised as a justifiable response to a personal insult – inflamed the city of San Francisco immediately. King, shot in the chest but still clinging to life was taken to his house. Meanwhile, an enormous mob gathered at the police station, and the police realized almost at once that the accused James Casey could not be kept secure. He was removed under guard to the county jail. The indignant mob was not appeased, not even when the mayor of San Francisco attempted to address the crowd, pleading for them to disperse and assuring them that the law would run its proper course and justice would be done. The crowd jeered, “What about Richardson? Where is the law in Cora’s case?” The mayor hastily retreated, as the square – already guarded by armed marshals, soon filled with armed soldiers. The angry mob dispersed, still frustrated and furious. No doubt everyone in authority in the city breathed a sigh of relief, confident that this matter would blow over. After all, they controlled the political apparatus of the city, at least one newspaper, as well as the adjudicators and enforcers of the law … little comprehending that this shooting represented the last, the very last straw.
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A 16-year-old girl in Florida parked in the wrong space, had her car keyed, suspected another girl, and posted on her own Facebook page the following:

oh so you keyed my car? well your karmas gonna be a wholeee lot worse that that

The next day, school officials suspended her for three days–and a criminal charge of “stalking” was brought against her by the Pinellas County Sheriff’s Department

As Scott Greenfield says:

To call the arrest of Allie Scott crazy is to state the obvious. That both a school district and a sheriff’s office would nonetheless indulge in such insanity is the piece that would make a good subject for Kafka.

Other incidents of Kafkaesque abuse of authority by public school officials and local police departments are easy to find.

For most of history, in most places in the world, people have lived in fear of The Authorities. For a couple of centuries, that fear was largely lifted (with certain obvious exceptions) in the territory of The United States of America. Now, as a result of the endless expansion of governmental powers and the political and administrative arrogance which have inevitably followed, it is returning. The American populace is being collectively cowed.

See my related posts zero tolerance-zero judgment-zero compassion and Philip Queeg Public High School.

Tim Berners-Lee, the inventor of the World Wide Web, writes:

This week, a bill that would create America’s first Internet censorship system is going to a full committee for a vote, and is likely to pass.

He is referring to the “Stop Online Piracy” act and the related “Protect IP” act. Links to information and analysis concerning these bills, for which heavy lobbying activities are underway, here.

This is dangerous stuff, and, as Tim notes, people need to be contacting their CongressCreatures now.

Anyone who values American freedom of speech, and anyone who values American economic vitality, should be worried about the so-called “Stop Internet Piracy Act” which is now being considered by Congress. While Internet-based intellectual property theft is indeed a problem, the proposed remedies seem to me, and to many others, to be quite dangerous. If you’re not familiar with this issue, please familiarize yourself with it–and if the bill bothers you, contact your Congressman. Apparently, this bill is going into markup tomorrow (Thursday).

Some resources:

–Wikipedia summary of SOPA

–A statement by the Electronic Frontier Foundation

–A statement by Google chairman Eric Schmidt

–A summary of lobbying efforts for and against this bill

A later realization – I suppose I have sensed it most of my life, but I have understood it philosophically only during the preparation of this talk – has been the beauty of the idea of the pursuit of happiness. Familiar words, easy to take for granted; easy to misconstrue. The idea of the pursuit of happiness is at the heart of the attractiveness of the civilization to so many outside it or on its periphery. I find it marvelous to contemplate to what an extent, after two centuries, and after the terrible history of the earlier part of this century, the idea has come to a kind of fruition. It is an elastic idea; it fits all men. It implies a certain kind of society, a certain kind of awakened spirit. I don’t imagine my father’s parents would have been able to understand this idea. So much is contained in it; the idea of the individual, responsibility, choice, the life of the intellect, the idea of a vocation and perfectibility and achievement. It is an immense human idea. It cannot be reduced to a fixed system. It cannot generate fanaticism. But it is known to exist; and because of that, other more rigid systems in the end blow away.

V.S. Naipaul, “Our Universal Civilization” (1992) in The Writer and the World.

[Cross-posted from zenpundit.com]

[NEW! Incoming link from Outside the Beltway - see addendum below]

There has been much ado about Dr. Anne-Marie Slaughter’s enunciation of “Responsibility to Protect” as a justification for the Obama administration’s unusually executed intervention (or assistance to primarily British and French intervention) in Libya in support of rebels seeking to oust their lunatic dictator, Colonel Moammar Gaddafi. In “R2P” the Obama administration, intentionally or not, has found its own Bush Doctrine, and unsurprisingly, the magnitude of such claims – essentially a declaration of jihad against what is left of the Westphalian state system by progressive elite intellectuals – are beginning to draw fire for implications that stretch far beyond Libya.

People in the strategic studies, IR and national security communities have a parlor game of wistfully reminiscing about the moral clarity of Containment and the wisdom of George Kennan. They have been issuing tendentiously self-important “Mr. Z” papers for so long that they failed to notice that if anyone has really written the 21st Century’s answer to Kennan’s X article, it was Anne-Marie Slaughter’s battle cry in the pages of The Atlantic.

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