Jul 27 2014

Out of control federal government brings chaos

When the feds give us what we don’t want there is trouble!

July 22, 2014 4:29 PM

Halbig Is Not About a ‘Drafting Error’

By Andrew C. McCarthy

Re-Post from NATIONAL REVIEW ONLINE www.nationalreview.com

The Left frequently misreads the public, projecting its attitudes on everyone else. That is the story of the Halbig ruling and the media reaction to it.

Like a number of commentators, I observed (in Faithless Execution) that the president was violating the Patient Protection and Affordable Care Act (PPACA) by imposing the Obamacare regime of subsidies and taxes on states that declined to establish health care exchanges. I have to say I “observed” this fact, rather than that I “argued” this point, because it is not a contention. The PPACA makes it crystal clear.

The Left now claims that this was the result of a drafting error. Even if that were true, Obamacare advocates would lose, assuming we are still governed by the rule of law. Only Congress can fix Congress’s drafting errors — judges, much less presidents and executive branch agencies, do not get to do this.

But this was not a drafting error at all. The point was to coerce the states into setting up exchanges, and the Left’s premise in structuring Obamacare as it did was its assessment that Obamacare, and especially its subsidies, would be popular. Obamacare turned out to be unpopular, however, and state governors and legislators did not suffer any political blow-back for refusing to help implement it. There was no ministerial drafting mistake; there was a mistaken assumption that the public would rally behind the policy, creating political pressure on state governments. Because statists think Obamacare is a good idea, they figured everyone would be brought around to that conclusion.

I think this happens a lot. About three weeks ago, the Left made much of the fact that the people of Murrieta, Calif., surrounded and turned back busloads of illegal immigrants that the federal government was attempting to process with an eye toward resettling them in the United States. The point of the media attention was obvious: the Left was offended by the reaction of the Murrieta residents, rather than by the government’s abetting of illegal immigration, and calculated that most other people would share that view. As it happens, most people sympathized with Murrieta. So the coverage of this aspect of the border crisis has stopped. The resettlement project is still ongoing, but it is now happening without much press coverage about the outrage of various American communities.

Wouldn’t it be refreshing it progressives would come clean about the drastic changes they’d make in the Constitution’s procedure for enacting law? Statutes would be sweeping, open-ended licenses to achieve one or more of the Left’s agenda items—e.g., everyone must have health care coverage—and it would then be left to the selfless, professional bureaucratic experts to work out the details. There would be no court review and no need to seek legislative modifications from Congress; everything would be done by administrative regulation and executive discretion … as long as the executive was a bien-pensant lefty like Obama.

We don’t have that system—not yet, anyway. So we’re told Halbig is about a “drafting error” and subjected to similar blather about “ambiguity” (where there is none), “plausible constructions” (that are implausible), etc. Obama partisans will continue trying to snow courts into ruling that the PPACA says something it clearly does not say—blather that may well work in the end since the judiciary, too, has become very politicized and party loyalty often counts for more than what Congress has written.

I’d wager, though, that the Left will fail when the case ultimately ends up in the Supreme Court. On the last Obamacare go-round, Chief Justice Roberts behaved abysmally both in shrinking from the Court’s duty to pronounce that an unconstitutional law is unconstitutional and in upholding that law on a theory — it’s a tax — that President Obama, the law’s principal proponent, had expressly disavowed. There was, however, some appeal in Roberts’s main point: Big policy questions in a democracy should be resolved by the political branches, and courts should bend over backwards to resist finding constitutional flaws that overturn these resolutions.

This time around, the Supremes need only do what they did the last time, and what the D.C. Circuit did today: Uphold the law as Congress has written it and explain that if the public wants it changed, it is for their representatives in Congress to change it.

Jul 27 2014

Obama decides to take the next two years off!

Barack Obama has already checked out of his job

The degree to which Barack Obama is now phoning it in – sleepwalking perfunctorily through his second term, amid golf rounds and dinner parties – is astonishing

Re-Post from the Telegraph by By Matt K Lewis 12:04PM BST 26 Jul 2014

US President Barack Obama enjoys a round of golf in Hawaii, January 2014

US President Barack Obama enjoys a round of golf in Hawaii Photo: EPA

By Matt K Lewis

12:04PM BST 26 Jul 2014

2573 Comments

President Obama has emotionally checked out of his job a couple of years early, it seems. How can one tell?

Candidates for president who brazenly assume they are the inevitable victor are sometimes accused of “measuring the drapes” for the White House.

Obama, conversely, seems to be prematurely packing his bags in hopes for an early departure.

^{Top priority? Barack Obama greets people in Delaware (AFP/Getty)}

Just last week, for example, the Los Angeles Times reported that “The First Family is believed to be in escrow on a contemporary home in a gated community where entertainers Frank Sinatra, Bob Hope and Bing Crosby once maintained estates”.

George Santayana observed that “Americans don’t solve problems, they leave them behind”. Perhaps the president is taking this to heart.

For rumours to catch fire, an element of truth must typically be involved.

The fact that the press would find relevance in speculating on Obama’s post-White House residence – and identify California as the kind of scene the future ex-president would want to hang out in when he leaves office – is perhaps telling.

And, indeed, this comes on the heels of multiple reports from outlets such as The New York Times and Politico, detailing how Obama has increasingly been spending his time at trendy restaurants and fancy, late-night dinner parties with celebrities and various intellectuals.

Rubbing elbows with the rich and elite is fine enough. Unfortunately, the work suffers. The degree to which he is now phoning it in – sleepwalking perfunctorily through his second term – is astonishing.

And based on his recent handling of situations much more serious than a possible post-presidential move to sunny California, it seems as if “No Drama Obama” is no longer even worried about keeping up appearances; he doesn’t care enough to fake it.

Consider this: In recent days, a) Malaysia Airlines Flight 17 was shot down, apparently by Russian separatists in Ukraine, b) In the Gaza strip, the numbers killed continued to mount as Israelis and Palestinians exchange rocket fire, c) a huge influx of children fleeing Central American poverty and gang warfare swamped America’s southern border, creating a humanitarian crisis. And, oh yeah, d) Christians living in Mosul were given the choice to either convert to Islam or flee the area they have inhabited for nearly two thousand years.

You know what else has happened during this time? a) Obama played many rounds of golf, b) he attended numerous fund-raisers, c) he dined on barbecue in Texas and burgers in Delaware, and d) he almost appeared on the comedian Jimmy Kimmel’s late-night television show in Hollywood.

I say “almost” because the White House finally relented. “We ultimately elected not to have the president do that interview over the course of this trip,” the White House press secretary, Josh Earnest, conceded. “And that is at least in part related to the challenges of doing a comedy show in the midst of some of these other more serious matters that the president’s dealing with in the international scene.”

The irony is that Obama won election in 2008, partly based on his ability to demonstrate leadership (at least, rhetorically).

And, despite a less-than-perfect first term, the public believed enough in his “hope and change” mantra to return him to office – a move reminiscent of Samuel Johnson’s observation about second marriages being “a triumph of hope over experience”.

But today, one wonders if Obama even has the energy left to summon some of the old magic that got him elected. A souffle, as they say, doesn’t rise twice.

While we tend to think of them as polar opposites, Obama’s predecessor had been similarly excoriated for similarly botching a few big moments where he should have been on the job. For President George W Bush, the images of Hurricane Katrina continue to haunt his legacy. He later regretted not going to there immediately after the hurricane hit.

“I should have touched down in Baton Rouge, met with the governor, and walked out and said, ‘I hear you. We understand. And we’re going to help the state and help the local governments with as much resources as needed’,” he confessed in 2010.

Woody Allen famously said, 80 per cent of life is just showing up. He wasn’t wrong. But, in lieu of showing up, there is an even easier way to avoid looking quite so out of touch. If Obama were worried about bad optics – about appearing out of touch – he might play a bit less golf (another lesson he could have learned from his predecessor).

During one unfortunate event caught on tape, and featured in the Fahrenheit 9/11 film trailer, the then President Bush was unfortunately filmed saying: “I call upon all nations to do everything they can to stop these terrorist killers. Thank you.” Then, holding up a golf club, he added: “Now, watch this drive.”

This was a brutal blow. Fair or not, playing golf has a way of making one look simultaneously elitist and aloof. Obama tends to dismiss such cautionary tales.

For example, the suggestion that while in Texas he should have gone to the border and addressed the growing humanitarian crisis (instead of attending fund-raisers) was dismissed as the suggestion he do a theatrical “photo-op”.

This is at best unromantic, and, at worst, cynical. Words matter.

Showing up matters. Was it a “photo-op” when Ronald Reagan spoke in front of the Brandenburg Gate and declared: “Tear down this wall!”?

I suppose one could have made that argument.

Obama’s not dumb, and he’s clearly capable of marshalling an effective propaganda campaign when he wants to. So what explains this series of bad optics, which might be described by PR professionals as political malpractice?

The only thing that makes sense is that he is exhausted and, perhaps, has checked out of the job early.

If Nero fiddled while Rome burned, then Obama is dining out, golfing, and raising money while the world collapses.

Matt K Lewis is a senior contributor at The Daily Caller website in Washington, DC

Jul 27 2014

America is under attack from enemies both foreign and domestic!

Will America Die On Her Feet, or Will We Continue to Bend Over?

Re-posted from The Resistance United Posted by Mary W. on July 27, 2014

The Spartan King Leonidas hand-selected a force of 300 of the most courageous warriors in Sparta to defend the pass at Thermopylae. It was an impossible task, but the self-sacrificing action bought time for Sparta to mount a successful defense. As far as the 300, there were no survivors. However, there actions slowed down the Persian advance to the point that they could actually be stopped.

The approximate 180 defenders of the Alamo crossed the infamous line in the sand and sacrificed their lives at the Alamo in order that Sam Houston had time to organize a strong Texas Army in their revolution against Santa Anna .

One of the least discussed of the World War II battles, but one of the more significant, took place on Wake Island following the Japanese bombing of Pearl Harbor. The Japanese were ready for war, the Americans were not and needed time to prepare. The gallantry of the troops at Wake, bought some much needed time, which aided in American preparations for war, as they held out much longer than expected. The service academies and their military history courses revere the men who died at Wake Island.

In all three of these classic battles, the defenders knew they were going to die. However, they knew they were fighting for a higher purpose. Words like duty, honor and integrity meant something in regard to these aforementioned sacrifices. In America, today, where do we find our duty, honor and integrity?

America’s Day of Reckoning

America’s day of reckoning is nearly here. We are besieged by enemies both foreign and domestic. We are facing the gradual unveiling of the UN occupation forces, soon to be exposed under the umbrella of a completely preventable coming pandemic. With MS-13 and the Sinaloa cartel, and their Hamas terrorist connections, we have Fifth Column insurgency forces streaming into our country and all of this follows their paramilitary training outside of San Salvador. We are soon going to learn what it means to live in a narco-terrorist state.

We have the well-publicized presence of both Russian and Chinese soldiers training with FEMA on our soil during an era in which they have threatened the United States with nuclear attack over Syria and Iran. These are future UN martial law troops which will emerge when our challenges turn into a series of insurmountable crises.

On Friday, I exposed the readers to the fact that we even have a good portion of our naval forces on a permanent state of readiness stationed off of every coastline because they fear being disabled by an EMP attack.

We are facing the daunting task of going to war with Russia over Ukraine, or Syria, or wherever. And this is occurring at a time when we cannot even manage our domestic affairs. Further, our military leadership has been gutted by Obama’s firing of over 260 command leadership personnel, thus, leaving our fighting force in a weakened state.

Through the bailouts, Wall Street and the Federal Reserve have sucked the life out of our economy. Half of the country is on welfare as MSNBC reminds us daily how good we have it in America. And we continue to labor under a President who rules this country by autocratic decree through the executive orders process which has totally destroyed our Constitutional process. Can anyone reading this article name ONE thing that this President has done to improve any aspect of the middle class?

There is no one enemy that the American people can defeat in a vain attempt to remain free. We face impossible odds and a number challenges which I am not sure we can even accurately count. We, as Americans, have an endless supply of enemies and challenges, all of which are crushing the life right out of this country.

We have even been abandoned by many of our so-called religious leaders who have subverted their message to their flock in homage to the IRS policies which prevent political views from coming out of our church pulpits in order to maintain their church’s tax exempt status by sacrificing the true message of God. Where are most of the pastors? My Bible tells me I have to keep fighting until Jesus shows up again. I haven’t seen him, yet, have you?

I scoff at the people who talk about the 2014 election cycle and how things are going to change. It is too late. The enemy is not at the gate, they are inside your front room in the form of the corrupt CPS workers who steal children from honorable parents for the federal remuneration monies they receive for committing such heinous acts (e.g. Stacy Lynne, Justina Pelletier, Monica Wesolowski).

Just like the defenders at Thermopylae, the Alamo and Wake Island, we have a choice on how we fall. Yes, it is likely that we are going to fall. Are you surprised? All institutions fall, as do nations. America is going to fall. You are going to fall. You have little to no control over what is coming. What you have control over is the degree of courage, honor and integrity that you display while you meet your greatest challenges.

The Choice Is Ours

Will you die on your feet defending your family and sanctity as a human being? Or, will you renounce your God in order to survive a few more days? Will you continue to give your children over to the New World Order and their satanic ways? Or, will you stand up against the usurpation of your parental rights? When the time comes, will you face starvation like a man, or take the mark of the beast? Finally, will you do what Christ did for his bride, the church?

As America approaches her final setting sun, what do we want our epitaph to be? In what spiritual shape do we want to face our maker? What do you want God to remember about your final days on the earth?

You are not going to have to wait long to decide. Soon, even the sheep will have nowhere to call home. Simply being quiet will no longer guarantee the anonymity associated with “survival by acquiescence”.

Prior to the execution of the events which will threaten our very existence, there is a great and last garage sale coming. Prior to an EMP, martial law or World War III, there are forces aligning to take one last shot at everything you own and I think you ought to know about it. Knowing what is on the immediate horizon, might help you discover your backbone before we slide into the annals of history. Knowing what is coming may help you depart with honor and a chance for a better existence on the other side. This will be the topic of the next part in this series.

“Do not conform to the pattern of this world…”

Romans 12:2

By David Hodges who is the Editor and Host of The Common Sense Show .

Jul 26 2014

LIBERALISM, GLOBAL WARMING, ISLAM, AND THE OBAMA ADMINISTRATION

That sums it up — can;t say much more!

Jul 26 2014

Americans are getting poorer, but Obama means to overwhelm welfare state with amnesty for 5M illegals

Obama just doesn’t care now — he is just going to do what ever he wants to do!

Jul 26 2014

The Reason Americans Will Not Fight Back Against the Corruption and Criminality

Its never to late as long as the change as not been completed!

Jul 24 2014

Obama: ‘It’s Pretty Hard To Find An Economic Measure Where We’re Not Significantly Better Off’

Barack aka POTUS, aka the bear (cub) aka Barry aka Pinocchio aka the tin man ,,, etc.

Jul 24 2014

President Obama To Press: Drop Dead

With Barry the bear its simple he is dyslexic and always say the opposite of what he means or intends to do! transparent means opaque, folks means slaves laser focus means I’ll get to it sometime … etc

pundit from another planet

obama-press Obama has attended three super PAC events in the past week. | AP Photo

The most transparent administration in history…

SAN FRANCISCO —For POLITICO.com, Dward-Isaac Dovere and Josh Gerstein report: President Barack Obama went to the West Coast to meet donors from two top Democratic super PACs, but the press wasn’t invited.

“We think these fundraisers ought to be open to at least some scrutiny, because the president’s participation in them is fundamentally public in nature.”

— Christi Parsons, the new president of the White House Correspondents’ Association

Tuesday, the reporters and photographers traveling with the president on Air Force One and in his motorcade were left on the gravel path not even within sight of former Costco CEO Jim Sinegal’s house in the Seattle suburbs where Obama sat for a Senate Majority PAC fundraiser with a $25,000 entrance fee.

“Denying access to him in that setting undermines the public’s…

View original post 356 more words

Jul 24 2014

Feds Urge Paramedics, Firefighters to Help Find “Extremists”

There is no end to the governments wish to control every second of our lives — we must take back the country starting in November and finish the work two years later. The tea party rules!

Jul 24 2014

The 10th Amendment

This is mostly a re post from the Tenth Amendment Center.

Most of us know about the 10th Amendment to the constitution but to put it in context as St. George Tucker does in this post shows exactly what the framers intended in the separation of powers between the federal government and the several states. The politicians have clearly over stepped the bounds that were established. It took them a long time but what he have now is clearly something very different than what we had up until only a few decades ago.

EDITOR’S NOTE: St. George Tucker was one of the most influential legal scholars of the early American republic. His View of the Constitution of the United States was the first extended, systematic commentary on the Constitution after it had been ratified by the people of the several states and amended by the Bill of Rights. And his Blackstone’s Commentaries, from which the following excerpt originates, was the major treatise on American law in the early 19th century. Lawyers arguing before the Supreme Court of the United States would frequently cite to Tucker’s Blackstone – more often than any other commentator until 1827.

The twelfth article of the amendments to the constitution of the United States, declares, that the powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. This became the 10th amendment as after two amendments were not approved.

The powers absolutely prohibited to the states by the constitution, are, shortly, contained in article 1. section 10. viz.

1. No state shall enter into any treaty, alliance or confederation.

2. Nor grant letters of marque and reprisal.

3. Nor coin money.

4. Nor emit bills of credit.

5. Nor make any thing but gold and silver coin a tender in payment of debts.

6. Nor pass any bill of attainder.

7. Nor any expost facto law.

8. Nor any law impairing the obligation of contracts.

9. Nor grant any title of nobility. . . . Concerning all which, we shall make some few observations hereafter.

All other powers of government whatsoever, except these, and such as fall properly under the first or third heads above-mentioned, consistent with the fundamental laws, nature, and principle of a democratic state, are therefore reserved to the state governments.

From this view of the powers delegated to the federal government, it will clearly appear, that those exclusively granted to it have no relation to the domestic economy of the state. The right of property, with all it’s train of incidents, except in the case of authors, and inventors, seems to have been left exclusively to the state regulations; and the rights of persons appear to be no further subject to the control of the federal government, than may be necessary to support the dignity and faith of the nation in it’s federal or foreign engagements, and obligations; or it’s existence and unity as the depositary and administrator of the political councils and measures of the united republics. . . . Crimes and misdemeanors, if they affect not the existence of the federal government; or those objects to which it’s jurisdiction expressly extends, however heinous in a moral light, are not cognizable by the federal courts; unless committed within certain fixed and determinate territorial limits, to which the exclusive legislative power granted to congress, expressly extends. Their punishment, in all other cases, exclusively, belongs to the state jurisprudence.

The federal government then, appears to be the organ through which the united republics communicate with foreign nations, and with each other. Their submission to it’s operation is voluntary: it’s councils, it’s engagements, it’s authority are theirs, modified, and united. It’s sovereignty is an emanation from theirs, not a flame by which they have been consumed, nor a vortex in which they are swallowed up. Each is still a perfect state, still sovereign, still independent, and still capable, should the occasion require, to resume the exercise of it’s functions, as such, in the most unlimited extent.

Centinel2012

De Oppresso Liber

Tag Archives: administrative law

Out of control federal government brings chaos

Obama decides to take the next two years off!

Barack Obama has already checked out of his job

The degree to which Barack Obama is now phoning it in – sleepwalking perfunctorily through his second term, amid golf rounds and dinner parties – is astonishing

America is under attack from enemies both foreign and domestic!

America’s Day of Reckoning

The Choice Is Ours

LIBERALISM, GLOBAL WARMING, ISLAM, AND THE OBAMA ADMINISTRATION

Americans are getting poorer, but Obama means to overwhelm welfare state with amnesty for 5M illegals

The Reason Americans Will Not Fight Back Against the Corruption and Criminality

Obama: ‘It’s Pretty Hard To Find An Economic Measure Where We’re Not Significantly Better Off’

President Obama To Press: Drop Dead

“We think these fundraisers ought to be open to at least some scrutiny, because the president’s participation in them is fundamentally public in nature.”

“Denying access to him in that setting undermines the public’s…

Feds Urge Paramedics, Firefighters to Help Find “Extremists”

The 10th Amendment

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Barack Obama has already checked out of his job

The degree to which Barack Obama is now phoning it in – sleepwalking perfunctorily through his second term, amid golf rounds and dinner parties – is astonishing

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America’s Day of Reckoning

The Choice Is Ours

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“We think these fundraisers ought to be open to at least some scrutiny, because the president’s participation in them is fundamentally public in nature.”

“Denying access to him in that setting undermines the public’s…

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