Saturday, December 18, 2010
Friday, December 17, 2010
Congressman Paul Ryan vs. Congressman Mike Pence On The GOP/White House Tax Deal That Just Passed The House
Paul Ryan on why he voted for the bill:
Mike Pence on why he was going to vote against the bill:
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GOP To Recommend The Adoption Of A Rule Requiring Lawmakers To Provide Constitutional Authority For Every Bill
The Hill reports that "Rep. Rob Bishop (R-Utah), the head of the House Rules Working Group, on Thursday said the GOP transition team will recommend the adoption of a rule requiring lawmakers to provide constitutional authority for every bill."
“The Constitution is not that long. The operating manual for a Toyota Camry is more than five times longer, so it should not be that difficult,” Bishop said.
This is a good symbolic move that will show that the GOP Congress is serious about Constitutional conservatism. However, the GOP must make clear that it is the original meaning of the Constitution's provisions that will serve as the basis for any piece of legislation passed by Congress. If this is not to serve as the basis, the Democrats will simply point to the Commerce Clause as encompassing just about everything. The Obamacare mandate makes it clear that judges and politicians have absolutely no problem stretching the Constitution passed any logical limitation. The elastic, living, evolving interpretation given to the Constitution by liberals who in reality have no loyalty to what the Constitution demands, and by Supreme Court precedent itself, makes it all too easy to abuse the Constitution by linking a piece of legislation to a provision of the Constitution that in reality was never intended to provide the basis for the bill. However, insofar as the Constitution is part of the debate in Congress and will help make it part of the public debate, it is a worthwhile effort.
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Thursday, December 16, 2010
Wednesday, December 15, 2010
Arab Countries To Turn To UN Security Council For Resolution Against Israeli Settlements
The Jerusalem Post reports that Arab League foreign ministers have "agreed to go to the UN Security Council for a resolution against settlement construction... The statement put out after the meeting also urged the US, which has used its veto many times to block anti- Israel Security Council resolutions, not to block the move." Tweet
Marine Corps Commandant Suggests Repealing "Don't Ask, Don't Tell" Could Lead To Casualties
The Washington Post reports that the "Marine Corps' top general suggested Tuesday that allowing gays to serve openly in the military could result in more casualties because their presence on the battlefield would pose "a distraction."
"When your life hangs on the line," said Gen. James F. Amos, the commandant of the Marine Corps, "you don't want anything distracting... Mistakes and inattention or distractions cost Marines' lives."
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California State Senator Proposes Law That Would Mandate Gay History Lessons In California Schools
Fox News reports that California "State Sen. Mark Leno, a San Francisco Democrat, introduced legislation this week that would amend the state education code, mandating that LGBT history be included in the curriculum of public schools. The bill - dubbed the Fair, Accurate, Inclusive and Respectful Education Act - calls for accurate and fair portrayal of LGBT historical figures who have contributed to shaping social and political issues across the nation." Tweet
Germany Using Anti-Nazi Laws Against Islamofascists
The Christian Science Monitor reports that "German authorities hardened a crackdown on Islamic groups yesterday, raiding homes and schools that reportedly belong to adherents of fundamentalist Salafi Islam. German officials said the preemptive raids, conducted under German anti-Nazi laws of association, were aimed at uncovering unconstitutional or separatist acts and not part of an international terror hunt. The raids targeted the Islamic Cultural Center of Bremen, on the North Sea, along with a group calling itself Invitation to Paradise in two small northwest German cities. Invitation to Paradise's leader has called for sharia, or Islamic law, to prevail one day but has specifically opposed using violence to impose it." Tweet
Tuesday, December 14, 2010
Georgetown Law Professor Randy Barnett Responds To Judge Hudson's Ruling Declaring Obamacare Individual Mandate Unconstitutional
Randy Barnett wrote in the New York Times:
The days of calling the constitutional challenges to the Affordable Care Act “frivolous” and “political” are now officially over. Judge Hudson’s ruling that the individual insurance mandate is unconstitutional is a milestone in the legal process of deciding whether Congress has the power to command every person in the United States to enter into an economic relationship with a private company. Until 2010, the only mandates ever imposed on American citizens pertained to their citizenship: register for the draft and serve if called, sit on a jury, file a tax return, respond to the census. In the U.S., one cannot even be commanded to vote. If economic mandates like this one are allowed, however, Americans will be demoted from citizens to subjects. They will have to obey any commands that Congress deems convenient to its regulation of interstate commerce. No more expensive tax credits and subsidies to raise taxes to pay for; Congress can just command you to buy its favored products. Forget cash for clunkers; just make Americans buy cars from G.M. Or make them undergo medical exams to save on health care costs. Gone will be a federal government of limited and enumerated powers established by the Constitution and repeatedly affirmed by the Supreme Court. In his ruling today, Judge Hudson recognized that such an unprecedented claim of power had never been sanctioned by the Supreme Court.
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Monday, December 13, 2010
Virginia Federal Judge Rules Obamacare Mandate Is Unconstitutional: "Exceeds The Commerce Clause Powers Vested In Congress Under Article I"
U.S. District Judge Henry E. Hudson wrote that no court had expanded the Commerce Clause of the Constitution to allow the government to regulate a person's decision not to buy a product. "At its core, this dispute is not simply about regulating the business of insurance — or crafting a scheme of universal health insurance coverage — it's about an individual's right to choose to participate," Hudson wrote.
"The outcome of this case has significant public policy implications," Hudson wrote. "And the final word will undoubtedly reside with a higher court."
Hudson sided with Virginia Attorney General Kenneth Cuccinelli, who argued the mandate overstepped the bounds of the Constitution.
"The ruling is extremely positive for anyone who believes in the system of Federalism created by our founding fathers," Cuccinelli said. "It underscores that the Constitution's limitations on federal power really do mean something."
Judge Hudson correctly wrote that "[a] thorough survey of pertinent constitutional case law has yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce or role in a global regulatory scheme. The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers."
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Sunday, December 12, 2010
10th Anniversay: Updating The "Icons Of Evolution"
The author, Jonathan Wells, on the Miller-Urey experiment:
Homology in vertebrate limbs:
Darwin's Tree of Life:
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Soldier Sings: Merry Christmas, From Afghanistan
Merry Christmas from Afghanistan, oh man, it's that time of year, and the birth of Jesus doesn't seem to please the terrorists down here; I'd like to take a moment for you folks at home to make it clear; Merry Christmas from the Eastern Hemisphere.
Merry Christmas from Afghanistan, way back in the USA, You've got mistletoe and falling snow, we've got sandstorms and grenades But what the hell, it's just as well we celebrate it anyway, Merry Christmas from 5,000 miles away.
And I remember many Decembers, sitting 'round that tree, And now I'm in an outer cordon sitting 'round an IED, I've traded yams and roasted ham for a chicken noodle MRE, Merry Christmas from out here in the middle east.
So merry Christmas from Afghanistan, from our AO to yours, I'll be watching illegal DVDs and defecating out of doors, Put my pedal to the metal man, I'll settle for that medal of honor when I when the war, Single-handedly from my armored drivers door.
Yuletide salutations from our vacation in the sand, from this E-3 Lance Coolie and up the whole chain of command Between Al Qaeda, Al Jazeera, Mujahadeen, and the Taliban, It's a very merry Christmas in Afghanistan.
From south Montana, to northwest Indiana, to the shores of North Caroline, From NYC to LA's beaches and down the Mason-Dixon Line, It's that season where we're freezing, but all in all, we're doing fine, So merry Christmas from Afghanistan tonight. It's that season where we're freezing, but all in all, we're doing fine, So Merry Christmas down the Final Protection Line!
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David Frum: Wikileaks Cables Reveal The Release Of The Lockerbie Bomber As "The Scandal Of The Decade"
David Frum writes about how the WikiLeaks cables offer more evidence the British government was complicit in the release of the Pan Am bomber. To read the article visit http://theweek.com/bullpen/column/210291/lockerbie-the-scandal-of-the-decade. Tweet