Do what he says, or else 32

The Constitution was carefully composed to protect Americans from tyranny; to keep them free. The Health Care law which has been upheld by the Supreme Court takes away their freedom. In the name of being true to it, the Court has nullified the Constitution. Its essential purpose has been discarded.

Neal Boortz, as much in anger as in sorrow it would seem, wants to be sure that Americans understand that this is what has happened.

He writes:

Do Americans – do you — really understand the gravity of what happened in the Supreme Court … ? Do you have any idea at all how the power of the Imperial Federal Government of the United States has been exponentially increased?

Answer? No, you probably don’t. You really can’t be faulted for that, I guess. After all, our wonderful government school system was designed to educate you, but only to the point that you don’t become a threat to your political rulers. The American people are a product of those schools, and the American people are, by and large, acting in the manner proscribed by those who “educated” them. …

I think a lot of people are missing something here; missing something very important. The Court’s ruling on ObamaCare grants the Congress of the United States the power to command virtually any action – any action that would not in and of itself constitute a crime – of any individual in this country, and to demand compliance with that command or be penalized. The federal government can now regulate virtually any human activity in which you wish to engage, and to regulate whether or not you will be allowed to refuse to participate in that activity, so long as a penalty is attached to your noncompliance.

This is a sad day indeed for our Constitution.

A sad day for the people of the United States.

Sit back now and try to imagine anything the federal government cannot require of you – just so long as there is a penalty if you say “no.”

Is there no hope then? Is liberty, in the land of the last best hope of mankind, irrecoverably lost?

Perhaps not irrecoverably. But a re-election of Obama in November would signify that a majority of Americans no longer want to be free.

One judge, two identities 19

Zwei Seelen wohnen, ach! in meiner Brust

Die eine will sich von der andern trennen

(Two souls, alas, dwell in my breast

The one would sever itself from the other)

– Goethe: Faust I.

We deplore the ruling of the Supreme Court, issued yesterday, that upholds Obamacare (the Patient Protection and Affordable Care Act).

Why did Chief Justice Roberts, whose vote decided whether the tyrannous law should stand or fall, vote to let it stand?

A plausible – but not consoling – explanation is offered by Charles Krauthammer.

He writes:

Chief Justice John Roberts joins the liberal wing of the Supreme Court and upholds the constitutionality of ObamaCare. How? By pulling off one of the great constitutional finesses of all time. 

He managed to uphold the central conservative argument against ObamaCare, while at the same time finding a narrow definitional dodge to uphold the law — and thus prevented the court from being seen as having overturned, presumably on political grounds, the signature legislation of this administration.

Why did he do it? Because he carries two identities.

Jurisprudentially, he is a constitutional conservative.

Institutionally, he is chief justice and sees himself as uniquely entrusted with the custodianship of the court’s legitimacy, reputation and stature.

As a conservative, he is as appalled as his conservative colleagues by the administration’s central argument that ObamaCare’s individual mandate is a proper exercise of its authority to regulate commerce. That makes congressional power effectively unlimited. Mr. Jones is not a purchaser of health insurance. Mr. Jones has therefore manifestly not entered into any commerce. Yet Congress tells him he must buy health insurance — on the grounds that it is regulating commerce. If government can do that under the Commerce Clause, what can it not do?

But now government can do it not under the Commerce Clause, thanks to the ruling. Mr. Jones can be ordered to do anything, and be fined if he doesn’t, on the grounds that the fine is a tax.

“The Framers … gave Congress the power to regulate commerce, not to compel it,” writes Roberts. Otherwise you “undermine the principle that the Federal Government is a government of limited and enumerated powers.”

That’s Roberts, philosophical conservative.

But he lives in uneasy coexistence with Roberts, custodian of the court, acutely aware that the judiciary’s arrogation of power has eroded the esteem in which it was once held …

National health care has been a liberal dream for a hundred years. It is clearly the most significant piece of social legislation in decades. Roberts’ concern was that the court do everything it could to avoid being seen, rightly or wrongly, as high-handedly overturning sweeping legislation passed by both houses of Congress and signed by the president.

How to reconcile the two imperatives — one philosophical and the other institutional? Assign yourself the task of writing the majority opinion. Find the ultimate finesse that manages to uphold the law, but only on the most narrow of grounds — interpreting the individual mandate as merely a tax, something generally within the power of Congress.

Result? The law stands, thus obviating any charge that a partisan court overturned duly passed legislation. And yet at the same time the Commerce Clause is reined in. By denying that it could justify the imposition of an individual mandate, Roberts draws the line against the inexorable decades-old expansion of congressional power under the Commerce Clause fig leaf. 

Law upheld, Supreme Court’s reputation for neutrality maintained. Commerce Clause contained, constitutional principle of enumerated powers reaffirmed.

That’s not how I would have ruled. I think the “mandate is merely a tax” argument is a dodge, and a flimsy one at that. (The “tax” is obviously punitive, regulatory and intended to compel.) Perhaps that’s not how Roberts would have ruled had he been just an associate justice, and not the chief. But that’s how he did rule.

ObamaCare is now essentially upheld. There’s only one way it can be overturned. The same way it was passed — elect a new president and a new Congress.

So it is up to the voters to decide in November whether they want a government that is their master or their servant.

To choose between tyranny and freedom.

Cold civil war 130

We often hear it said that the coming election is as raw a clash of political philosophies as can be imagined — the most important election since 1860. And in a sense, that’s true. The national divide over the issue of slavery and its expansion into the rapidly settling territories was a constitutional crisis of the first order. It took the Civil War to sort out an issue that the Framers had partially punted, at a dreadful cost of lives and treasure. Now we are engaged in a great Cold Civil War.

So Michael Walsh writes at PJ Media.

The decision American voters will make in November is far more than merely an ideological clash about what the Constitution meant or means. For that supposes that both sides are playing by the same rules, and have a shared interest in the outcome. That presumes that both sides accept the foundational idea of the American experiment, and that the argument is over how best to adhere to it.

That is false.

For some, this is a difficult notion to grasp. … The idea that one party — and you know which one I mean — is actively working against its own country as it was founded seems unbelievable.

But that is true.

Don’t take it from me, take it from Barack Hussein Obama who famously said on the stump in 2008: “We are five days away from fundamentally transforming the United States of America.” …

“Fundamental transformation” is the Holy Grail of the modern Left — I do not say “American Left,” since much of its inspiration and sustenance is most definitely not American — and by “fundamental transformation” they mean the utter destruction of the founding principles of limited government, individual self-reliance and personal freedom. In their place, they bring the poisoned gifts of fascism, central planning and rule by a credentialed aristocracy of like-minded fellow travelers.

And when they say “by any means necessary,” you had better believe they mean it.

Election 2012 is not a clash of political parties but an existential struggle for the soul of America. To treat it as anything but that is both willful blindness and arrant foolishness.

We’ll accept the word “soul” in this context. He means the principles by which this nation lives. They must continue to be freedom and self-reliance, the principles on which this nation was founded, and which served it so well that it became the strongest and most prosperous in all history.

Until everyone on the Right fully grasps this, our country will remain under siege. It’s a siege that’s been ongoing, in one form or another, since the Wilson administration, with one side (and you know which one) “fundamentally” rejecting the Constitution — they’re getting bold enough to admit it now — and explicitly denigrating America’s history in order to prepare the way for their new progressive order.

The long march through the institutions has left a terrible trail of cultural destruction in its wake — which, of course, was precisely the intention.

This is why it’s crucial, when dealing with the Left, to reject the premises of their arguments, since those premises must necessarily posit that there is something “fundamentally” wrong with the American system, and that they are the cure.

By rejecting their premises, you do more than simply level the playing field: you also force them out of hiding and either cause them to flee or, more rarely, actually admit their true intentions — something that is almost impossible for them to do. For they [conceal] their destructive purposes under the rubrics of “Fairness,” “Tolerance,” “Compassion,” etc.

We think his description of the present intense clash between collectivism on the one side and liberty on the other as “cold civil war”  is no exaggeration.

He concludes:

It’s a choice we have to make next November, and we’re only going to have one last chance to get it right.

Yes.

The last days of Europe 267

We are living through the self-extinction of the European civilization that shaped the age we live in.

So writes Giulio Meotti at Front Page. He goes on:

The inquisition against Europe’s “racist” and “Islamophobic” writers and journalists sheds a unique light on this demographic and religious revolution. Cartoonists, novelists, intellectuals, reporters, these are … the new reactionaries … Western intellectuals “guilty” of fighting the stereotypes of the Western elites: multiculturalism, the “droits de l’hommisme”(the human rights turned into a spoiled child), Islam and anti-Semitism. These new witches are demonized in the name of anti-racism, which the French philosopher Alain Finkielkraut called “the communism of XXI century.”

The latest victim of the leftist bien-pensants allied with the Islamic fanatics is Eric Zemmour, Jewish journalist and author of the bestseller “Mélancolie Française.” A few days ago, Zemmour has been dismissed from his radio show for having criticized the new French Minister of Justice, Christiane Taubira, “gentle and compassionate as a mother with her children, the poor children of the suburbs who steal, peddle, torture, rape, and sometimes kill.”

The late Italian writer Oriana Fallaci went to trial …  in France and Italy … The Nobel Prize Laureate for Literature, Wole Soyinka, known as the “Nigerian Joyce,” has been demonized as a “racist” for having called the UK “a cesspit” [of] Islamists. Finkielkraut … has been tried, after he dared to comment on the French suburbs that “if the thugs were white everyone would have evoked fascism, when a school is burned down by an Arab then it’s ‘rebellion’”. …

The writer Michel Houellebecq was on trial for his best-selling novel “Platform” and interviews where he called Islam “the most stupid of all religions”, [and] V S Naipaul, another Nobel Prize Laureate, has been demonized as “racist” and “reactionary” by the liberal press.

In many cases, the journalists became refugees in their own countries. “My house is protected as a bunker with cameras,” Kurt Westergaard [told me], the Danish artist who created the cartoon of the Prophet wearing a bomb in his turban for the Jyllands Posten newspaper. Visiting his paper’s office is like entering a US embassy in an Arab country. The journal had erected a 2.5-metre high, one-kilometer long barbed-wire barrier, complete with electronic surveillance, around its headquarters in Visby. Mail is scanned and newspaper staff members need ID cards to enter the buildings. When Flemming Rose, the cultural editor who took the initiative of publishing the cartoons, attended a conference in Oxford, the British police had to set up “the same protection as for Michael Jackson.”

In the Netherlands, where filmmaker Theo van Gogh was killed by a Muslim for his criticism of Islam and the biggest mosques of Europe frame the luxuriant, wooded, watery countryside, cartoonist Gregorious Nekshot uses… a pseudonym to protect his own identity. At the University of Leiden, Rembrandt’s city, the office of Law Professor Afshin Ellian, who escaped the Iranian religious dictatorship, is protected by bulletproof walls and policemen. …

I recently spoke with Robert Redeker, the philosopher and columnist condemned to death for an article in Le Figaro newspaper. His piece, a response to the controversy over remarks about Islam made a week earlier by Pope Benedict XVI, was titled “What should the free world do in the face of Islamist intimidation?” Redeker was sentenced to death in a posting that, in order to facilitate a potential assassin’s task, provided his address, telephone and a photograph of his home. “I went to Austria for a conference and even there the bodyguards were always with me,” Redeker said. The police did not even allow him to announce his father’s death, because someone could have noted the surname. “I had to bury my father like a criminal,” he said. The marriage of his daughter was also attended by the police. Redeker had to sell his house and buy another one in a secret location. “I cannot go out to buy bread or newspapers or for a glass of wine. I cannot walk in the streets. I cannot take the train, bus or subway. I cannot answer the question of what I can expect from the future. … ”

A few days ago I received another email of threat, saying: “Dear feces eating insect, continue to scratch around the Zionist dung as it’s natural for you, the Israelis will give you thirty coins.” To quote from Walter Laqueur’s masterpiece, these really look like the last days of Europe.

Other honorable names that must be added to the list of Europeans who have spoken out against the advancing conquest of Europe  by Islam are: Geert Wilders, Elisabeth Sabaditsch-Wolff, and Lars Hedegaard. See our posts: The West on trial (December 16, 2009); Freedom versus Islam (January 20, 2010); Civilization on trial (October 11, 2010); An honest confession of hypocrisy (October 23, 2010); The new heresy (January 11, 2011); Darkness descending – again (February 7, 2011); Sharia is the law in Austria (December 25, 2011); Only the gagged may speak freely (December 26, 2011); Darkness imminent (January 8, 2012); The most important struggle of our time (April16, 2012); Marked for death (May 10, 2012).

What will Islamic Europe be called by its conquerors? Al-Andalus, perhaps?

Will European civilization live on in America?

 

Note added June 11, 2012:

Gatestone reports:

Finland’s Supreme Court has found a prominent politician guilty of defaming Islam for “Islamophobic” comments he made on his personal blog. The ruling represents a major setback for free speech in a Europe that is becoming increasingly stifled by politically correct restricions on free speech, particularly on issues related to Islam and Muslim immigration.

Let freedom ring 258

We found this text, extracted from a speech Mitt Romney is to make in Missouri today, at PowerLine, posted by John Hinderaker:

Along with the genius of our Declaration of Independence, our Constitution, and our Bill of Rights, is the equal genius of our economic system. Our Founding Fathers endeavored to create a moral and just society like no other in history, and out of that grew a moral and just economic system the likes of which the world had never seen. Our freedom, what it means to be an American, has been defined and sustained by the liberating power of the free enterprise system.

That same system has helped lift more people out of poverty across the globe than any government program or competing economic system. The success of America’s free enterprise system has been a bright beacon of freedom for the world. It has signaled to oppressed people to rise up against their oppressors, and given hope to the once hopeless. 

It is called the Free Enterprise System because we are both free to engage in enterprises and through those enterprises we ensure our freedom.

But sadly, it has become clear that this President simply doesn’t understand or appreciate these fundamental truths of our system. Over the last three and a half years, record numbers of Americans have lost their jobs or simply disappeared from the work force. Record numbers of Americans are living in poverty today – over 46 million of our fellow Americans are living below the poverty line. …

This is not just a failure of policy; it is a moral failure of tragic proportions. …

John Hinderaker comments:

Conservative economic policies don’t just create more wealth than socialism or liberalism, they are morally superior to socialism and liberalism. Let’s hope that today’s speech is just a small preview of what is to come from the Romney campaign.

Socialism creates no wealth at all. It’s a wealth and prosperity killer. Vide Greece, Spain, Portugal, Italy, Ireland, France …

As to the morality of socialism, we often say that to take money from someone who has earned it and give it to someone who hasn’t is intensely immoral. And that is what socialist governments do.

Walter Williams writes at Townhall:

Benjamin Franklin, statesman and signer of our Declaration of Independence, said: “Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters.” …  Are today’s Americans virtuous and moral, or have we become corrupt and vicious? Let’s think it through with a few questions.

Suppose I saw an elderly woman painfully huddled on a heating grate in the dead of winter. She’s hungry and in need of shelter and medical attention. To help the woman, I walk up to you using intimidation and threats and demand that you give me $200. Having taken your money, I then purchase food, shelter and medical assistance for the woman. Would I be guilty of a crime? A moral person would answer in the affirmative. I’ve committed theft by taking the property of one person to give to another.

Most Americans would agree that it would be theft regardless of what I did with the money. Now comes the hard part. Would it still be theft if I were able to get three people to agree that I should take your money? What if I got 100 people to agree — 100,000 or 200 million people? What if instead of personally taking your money to assist the woman, I got together with other Americans and asked Congress to use Internal Revenue Service agents to take your money? In other words, does an act that’s clearly immoral and illegal when done privately become moral when it is done legally and collectively? Put another way, does legality establish morality? Before you answer, keep in mind that slavery was legal; apartheid was legal; the Nazi’s Nuremberg Laws were legal; and the Stalinist and Maoist purges were legal. Legality alone cannot be the guide for moral people.

The moral question is whether it’s right to take what belongs to one person to give to another to whom it does not belong. 

Don’t get me wrong. I personally believe that assisting one’s fellow man in need by reaching into one’s own pockets is praiseworthy and laudable. Doing the same by reaching into another’s pockets is despicable, dishonest and worthy of condemnation. Some people call governmental handouts charity, but charity and legalized theft are entirely two different things. [And] as far as charity is concerned, James Madison, the acknowledged father of our Constitution, said, “Charity is no part of the legislative duty of the government.” To my knowledge, the Constitution has not been amended to include charity as a legislative duty of Congress.

Our current economic crisis, as well as that of Europe, is a direct result of immoral conduct. Roughly two-thirds to three-quarters of our federal budget can be described as Congress’ taking the property of one American and giving it to another. Social Security, Medicare and Medicaid account for nearly half of federal spending. Then there are corporate welfare and farm subsidies and thousands of other spending programs, such as food stamps, welfare and education. According to a 2009 Census Bureau report, nearly 139 million Americans — 46 percent — receive handouts from one or more federal programs …

Ayn Rand, in her novel “Atlas Shrugged,” reminded us that “when you have made evil the means of survival, do not expect men to remain good.”

Would a President Romney return America to virtue as well as to prosperity?

We know better than to hope that any government would shrink itself to the minimal size of the libertarian-conservative ideal. Or that entitlements such as Social Security will ever be entirely abolished.

But Romney respects the idea of individual liberty as the Founding Fathers did; and he knows that only the free enterprise system opens the way for every individual to become prosperous – by his own endeavors. So Romney would be likely to take steps to restore confidence in business, reduce the number of hampering regulations the Obama administration has imposed, encourage innovation, and generally reward self-reliance.

That would be a good start, and the expectation of it a good reason to support his bid for the presidency.

Touched with fire 3

The generation that carried on the war has been set apart by its experience. Through our great good fortune, in our youth our hearts were touched with fire. It was given to us to learn at the outset that life is a profound and passionate thing.

– from the famous Memorial Day address delivered by Oliver Wendell Holmes for Memorial Day, May 30, 1884, at Keene, NH, before John Sedgwick Post No. 4, Grand Army of the Republic.

Here is another extract from it:

When it was felt so deeply as it was on both sides that a man ought to take part in the war unless some conscientious scruple or strong practical reason made it impossible, was that feeling simply the requirement of a local majority that their neighbors should agree with them? I think not: I think the feeling was right – in the South as in the North. I think that, as life is action and passion, it is required of a man that he should share the passion and action of his time at peril of being judged not to have lived.

If this be so, the use of this day is obvious. It is true that I cannot argue a man into a desire. If he says to me, Why should I seek to know the secrets of philosophy? Why seek to decipher the hidden laws of creation that are graven upon the tablets of the rocks, or to unravel the history of civilization that is woven in the tissue of our jurisprudence, or to do any great work, either of speculation or of practical affairs? I cannot answer him; or at least my answer is as little worth making for any effect it will have upon his wishes if he asked why I should eat this, or drink that. You must begin by wanting to. But although desire cannot be imparted by argument, it can be by contagion. Feeling begets feeling, and great feeling begets great feeling. We can hardly share the emotions that make this day to us the most sacred day of the year, and embody them in ceremonial pomp, without in some degree imparting them to those who come after us. I believe from the bottom of my heart that our memorial halls and statues and tablets, the tattered flags of our regiments gathered in the Statehouses, are worth more to our young men by way of chastening and inspiration than the monuments of another hundred years of peaceful life could be.

But even if I am wrong, even if those who come after us are to forget all that we hold dear, and the future is to teach and kindle its children in ways as yet unrevealed, it is enough for us that this day is dear and sacred.

The word “sacred” is, strictly speaking, inseparable from religious belief. But anything that is revered may be called sacred by analogy. If we hold liberty to be sacred in this way, then to us, atheists and secularists who revere those who died fighting for liberty, this Memorial Day is sacred too.

Posted under History, liberty, United States, War by Jillian Becker on Monday, May 28, 2012

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Global governance 214

To the conservative right (which is to say, us “knuckle-dragging Neanderthals”), the nation-state is a Very Good Thing.

To the collectivist left (if you’ll pardon the tautology) it is an abomination from which in their imaginations they have long since moved on (“Forward!” their slogan commands) to International Collectivism under all-powerful, wealth-redistributing, environment-preserving, energy-rationing, contraceptive-distributing, abortion-enforcing, euthanasia-practicing, dissident-eliminating, (Obama-headed?) global governance.

Don’t say “world government”, even though it means the same as “global governance”.

John Bolton, who should be Secretary of State, explains (in a book review* to be found here):

Global governance, the next new thing in trendy international thought, has been typically portrayed as the nearly inevitable evolution upward from the primitive nation-state and its antiquated notions of constitutionalism and popular sovereignty. Not “world government,” wildly unpopular among knuckle-draggers in America, but a rebranded alternative, more nuanced and sophisticated, would creep in on little cat feet before the Neanderthals knew what was up.

American exceptionalism was on its way to the ash heap. Terms like shared and pooled sovereignty were bandied about like new types of cell phones rather than fundamental shifts in the relationship between citizens and state. Multilateral treaties on an astounding array of issues were in prospect — not just the usual subjects of international relations, but matters heretofore quintessentially decided by nation-states: gun control, abortion, the death penalty, among others.

Barack Obama’s 2009 inauguration was surely the high point of global governance’s advance. Here was a president who saw global warming as the threat it was, promising to stop the seas from rising. This self-proclaimed “citizen of the world” rejected U.S. unilateralism, took the United Nations seriously, and understood that European Union-style institutions were the real future. Not only would America have social democracy domestically, but it would join its like-minded confreres worldwide to celebrate global governance’s emerging transcendence. What could go wrong? …

The United States is the main threat to global governance, with its antiquated attachment to its Constitution rather than to multilateral human rights treaties and institutions. …

For Americans, sovereignty is not an abstract concept of international law and politics, nor was it ever rooted in an actual “sovereign” as head of state. … Americans see themselves as personally vested with sovereignty, an ineluctable attribute of citizenship, and they therefore react with appropriate concern when globalistas insist that “pooled” or “shared” sovereignty will actually benefit them. Since most Americans already believe they have too little control over government, the notion of giving up any authority to unfamiliar peoples and governments whose tangible interests likely bear little relation to our own is decidedly unappealing. …

In considering traditional foreign affairs issues, the laws of war, the ICC [International Criminal Court], and the isolation of Israel are all excellent examples of the globalist approach. They seek to exploit both international law and domestic U.S. law to limit, constrain, and intimidate the United States and its political and military leaders from robustly defending our national interests abroad.

One should begin … with skepticism for the very idea of international law ….

Nonetheless, there is no doubt that the proponents of “lawfare” have used this strategy successfully against Israel, and increasingly against the United States. By threatening U.S. officials with prosecution for alleged war crimes or human rights abuses, asserting jurisdiction over them when they travel abroad, for example, the globalistas seek to impose their version of international law over our own constitutional authorities. The American response should be that we recognize no higher earthly authority than the Constitution, which no valid treaty can supersede or diminish. And we certainly do not accept that “customary international law” which we do not voluntarily follow can bind us, especially today’s variety, formed not by actual custom but by leftist academics who hardly have our best interests at heart. …

He concludes with a warning that “the struggle to preserve our constitutional system of liberty and representative government is a great unfolding political war, and the outcome is far from certain.”

First, the political battle over the future of America, by which will be decided whether it will be a thriving capitalist nation or a stagnant socialist region, has to be won by us Neanderthals this coming November. (Likely.)

Then the United States should withdraw from the UN and send it packing from Turtle Bay – to the Antarctic, for instance.  (Unlikely.)

But the UN must be destroyed.

 

* Sovereignty or Submission:Will Americans Rule Themselves or Be Ruled by Others? by John Fonte, Encounter Books, New York, 2011

World communist government begins 137

– with the implementation of Agenda 21.

No freedom, no private property, no rights, no math, no hope …

Watch, learn, fear – and act?

This video is from 2009.

Agenda 21 is being zealously carried out now in our town. How about yours?

Look for the building of many large blocks of very small apartments  – reminiscent of the kind built by Communist regimes in Eastern Europe between 1950 and 1990 – along railway lines. They are mentioned in the video, and we can see them going up near where we are headquartered. People will be corralled into them. Families will be separated. They provide space for bicycles but not cars. You will cycle or walk in your home town, and be taken to more distant destinations by train or bus, if you are permitted to travel at all.

This is the spread of world government from the tower of evil, the UN.

It is not scare-mongering. It is really happening.

Agenda 21 must be stopped.

The UN must be destroyed.

Change – from democracy through anarchy to tyranny 282

Change? Yes, there is change under the Obama administration.

A free democracy is being turned into a tyranny.

How is this being done?

One way is by unleashing anarchic mobs; tying the hands of the police; criminalizing the victims of mob-violence; and systematically discrediting civilized values, as described in this column by Thomas Sowell on the “Occupy” movement:

The unwillingness of authorities to put a stop to their organized disruptions of other people’s lives, their trespassing, vandalism and violence is a de facto suspension, if not repeal, of the 14th Amendment’s requirement that the government provide “equal protection of the laws” to all its citizens.

How did the “Occupy” movement acquire such immunity from the laws that the rest of us are expected to obey? Simply by shouting politically correct slogans and calling themselves representatives of the 99 percent against the 1 percent. But just when did the 99 percent elect them as their representatives? If in fact 99 percent of the people in the country were like these “Occupy” mobs, we would not have a country. We would have anarchy.

Democracy does not mean mob rule. It means majority rule. If the “Occupy” movement, or any other mob, actually represents a majority, then they already have the votes to accomplish legally whatever they are trying to accomplish by illegal means. Mob rule means imposing what the mob wants, regardless of what the majority of voters want. It is the antithesis of democracy.

In San Francisco, when the mob smashed the plate-glass window of a small business shop, the owner put up some plywood to replace the glass, and the mob wrote graffiti on his plywood. The consequences? None for the mob, but a citation for the shop owner for not removing the graffiti.

When trespassers blocking other people at UC Davis refused to disperse, and locked their arms with one another to prevent the police from being able to physically remove them, the police finally resorted to pepper spray to break up this human logjam. The result? The police have been strongly criticized for enforcing the law. Apparently pepper spray is unpleasant, and people who break the law are not supposed to have unpleasant things done to them. Which is to say, we need to take the “enforcement” out of “law enforcement.”

Everybody is not given these exemptions from paying the consequences of their own illegal acts. Only people who are currently in vogue with the elites of the left – in the media, in politics and in academia.

The 14th Amendment? What is the Constitution or the laws when it comes to ideological soul mates, especially young soul mates who remind the aging 1960s radicals of their youth?

Neither in this or any other issue can the Constitution protect us if we don’t protect the Constitution. When all is said and done, the Constitution is a document, a piece of paper.

If we don’t vote out of office, or impeach, those who violate the Constitution, or who refuse to enforce the law, the steady erosion of Constitutional protections will ultimately render it meaningless. Everything will just become a question of whose ox is gored and what is the political expediency of the moment.

There has been much concern, rightly expressed, about the rusting of bridges around the country, and the crumbling and corrosion of other parts of the physical infrastructure. But the crumbling of the moral infrastructure is no less deadly. …

If everyone takes the path of least resistance – if politicians pander to particular constituencies and judges give only wrist slaps to particular groups or mobs who are currently in vogue, and educators indoctrinate their students with “non-judgmental” attitudes – then the moral infrastructure corrodes and crumbles.

Another way is by criminalizing citizens who are going about their lawful business. This method is as ruthlessly pursued by the Obama administration, in the name of preserving the environment and species, as the promotion of mob-rule.

How it is done is described in this study by Joe Luppino-Esposito, a Visiting Fellow at the the Heritage Foundation:

How did a law originally enacted to target poaching of migratory birds evolve to authorize an armed raid of a guitar factory in search of wooden veneers imported without the proper paperwork? The Lacey Act was the first federal wildlife conservation statute, narrowly targeted at the interstate sale in poached game. But in the century since its enactment, the statute’s scope has been enormously expanded to the point that it now incorporates the wildlife and trade laws of every foreign nation. As a result, it has become a trap for the unwary, placing honest businessmen and businesswomen at risk of criminal liability for unknowing violations of hyper-technical foreign laws and regulations.

In short, the Lacey Act has become the poster child for the phenomenon of overcriminalization and should be at the top of Congress’s list for reform. …

The original Lacey Act was … a modest addition to federal authority. In effect, it promoted federalism by preventing poachers and pot hunters from circumventing the states’ game laws. And it expanded criminal liability hardly at all, making federal crimes out of conduct that was already prohibited under state law rather than creating a new federal mandate. The penalty for a violation was a not-inconsequential $200 fine.

Over time, however, the scope of the Lacey Act expanded as federal legislators became more comfortable with passing broad federal environmental laws. In 1935, Congress increased the penalty for violations to $1,000 with a maximum penalty of six months imprisonment. Congress also empowered Department of Agriculture agents to arrest citizens for violations in their presence and to execute warrants. Most important, Congress also extended the Act’s list of predicate offenses to include foreign laws. This meant that if a bird was “captured, killed, taken, shipped, transported, or carried” in violation of the foreign state from which it originated, the United States could prosecute that individual or organization. …

In 1981 … indigenous plants were added to the list of covered species, including those that are considered endangered under U.S. law and those identified in the appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). …  The Act’s criminal offenses were divided into felonies and misdemeanors, with the former carrying a maximum sentence of five years’ imprisonment and a $20,000 fine and the latter a maximum of one year’s imprisonment and a $10,000 fine. …

The most significant change occurred in 2008, when Congress expanded the statute’s reach once again to criminalize improper marking and labeling of protected plants. As amended, the statute prohibits the “knowing” import or export of a prohibited fish, wildlife, plant or the “knowing” conduct of a sale of prohibited fish, wildlife, or plant. Additionally, anyone who “knowingly engages in conduct prohibited by any provision of this chapter … and in the exercise of due care should know that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty or regulation” may be subjected to criminal punishment.

This amendment was hailed by proponents as the first ban on illegal logging operating across international borders. Critics, however, have explained that tracking wood products back to their sources is incredibly difficult and that the “due care” provision is too vague.

Since the beginning of the debate on the Lacey Act, Congress has been concerned about how the statute may affect legitimate business. The result, one century later, is that individuals who try to act within the law are too often ensnared by the Lacey Act.

David McNab and Abner Schoenwetter, who were engaged in the lobster trade, were convicted under the Lacey Act for importing undersized lobsters in 1999. In addition, some of the lobsters were also egg-bearing, and all of them were shipped in plastic bags instead of cardboard boxes. These were not requirements of American environmental law, but requirements of Honduran law—requirements that Honduran courts later determined were invalid. Nonetheless, McNab and Schoenwetter were sentenced to eight years in prison. Due to the low level of criminal intent required for conviction, it did not matter that the two men were unaware of the Honduran environmental regulations.

More recently, armed federal agents raided Gibson Guitar facilities …

Gibson Guitar Corporation beingthe world’s best known and most respected maker of fretted instruments” …

… to seize imported woods intended for fingerboards, for the second time in two years. Although no formal charges have been filed, Gibson believes that it is being targeted for their importing of ebony from Madagascar in 2009 and from India this past year. The Justice Department has confirmed that a criminal investigation is under way.

The case appears to turn on the thickness of the wood and what constitutes “finished” wood. The Indian tariff code “HS 4407” is meant for wood that exceeds 6 millimeters in thickness, which cannot be exported. Wood thinner than that is identified as “HS 4408” and may be exported. In this case, the Indian export documents labeled the fingerboard blanks as “HS 9209,” which refers to “[p]arts (for example, mechanisms for music boxes) and accessories (for example, cards, discs, and rolls for mechanical instruments) of musical instruments,” which may also be exported. But the import forms identified the wood as “HS 4408.” An affidavit filed by a special agent with the U.S. Fish and Wildlife Service alleges that the Lacey Act declarations incorrectly identified the wood as finished veneers rather than unfinished wood that exceeded 6 millimeters in thickness. …

In effect, Gibson was raided because of an otherwise harmless paperwork error. At worst (although even this is unclear), the company may have violated regulations pertaining to the export of unfinished wood that were intended to protect jobs in India. In any event, neither the law in question nor the pending investigation seems based upon the alleged violation or appears to have anything to do with protecting the environment.

Beyond criminal intent, both of these cases also raise questions regarding the requirements of foreign law. In the lobster case, evidence was presented showing that the Honduran regulations at issue were invalid because the size restriction had never been signed by the President of Honduras. The Honduras Attorney General issued an opinion confirming that without the presidential signature, the law was, in fact, invalid. [But] the U.S. court determined that this testimony by an expert on Honduran law was not sufficient to reverse convictions.

As for Gibson Guitar, the company claims that Indian officials permitted the export of the unfinished wood.

If that claim is correct, it appears that in both cases, the United States government is now attempting to make a federal crime out of foreign conduct that the foreign countries do not hold to be unlawful.

Finally, both cases suggest that enforcement of the Lacey Act has deviated far from the Act’s purpose of respecting existing environmental laws to its current use in enforcing laws concerned with trade protection and economic advantage. The Indian regulation that Gibson stands accused of violating exists only to protect Indian workers from foreign competition …  And McNab and Schoenwetter were victims of an anonymous fax to the Fish and Wildlife Service by a competitor who lost out on the bid for the lobster shipment.

Environmental protection was not even at the heart of either case.

The Lacey Act has now become a casebook example of federal overcriminalization run amok.

The abandonment of law and order along with contemptuous disregard of the Constitution on the one hand, and over-regulation to criminalize the innocent and productive on the other, provide a double-barreled means of bringing free America to its knees. “Change – or else!”

And the change to tyranny is also helped along, of course, by Obamacare, the redistribution of wealth, the growingof the national debt, the corruption of the Department of Justice, the implemention of “Agenda 21″* …

 

* For the evils of Agenda 21, see our posts: Blessed are the slimy, May 5, 2012; Beware “Agenda 21″, June 24, 2011; The once and new religion of earth-worship, October 27, 2011; Agenda 21: the “smart growth” conspiracy, November 21, 2011;Three eees for environmental equalizing economics, December 4, 2011; Prepare to be DICED, March 23, 2012.

Dependency 58

The Obama campaign has created a dependent woman named “Julia”.

It’s a kindergarten presentation, made to woo the votes of the stupid – which in the minds of the Obama clique probably means the entire electorate.

Derek Hunter sums up the story of Julia the Parasite in an article at Townhall:

As a child, Julia is shuttled off to a Head Start program at age 3 that even the government says is a waste of money and makes no difference in the future academic success of children. The site touts President Obama’s commitment to Head Start, which makes sense because it’s a big government failure.

Next we see Julia at age 17, ready to take the SAT and apply to college. It’s not because she’s smart or because of her hard work, it’s because President Obama’s Race to the Top program dumped more cash into the coffers of teachers unions.

There’s nothing about any work put in by Julia to accomplish what she has …

At 18, Julia is ready to suckle the government teat for money for college. Her parents, who finally enter the story, get a $10,000 tax credit, and she gets a Pell Grant. The site says this “puts a college education within reach.” … Missing from this lovely story is any sense Julia plans to pay for any of this herself. Did she qualify for scholarships? Did she work on the side? Did she take any responsibility for herself or just rely on government handouts?

When she’s 22, Julia needs some sort of surgery. They don’t say what kind, but I’m assuming parasites since she’s presumably hanging around Occupy Wall Street camps. The Obama campaign says she’s fine because of Obamacare and the ability to stay on her parents’ insurance until she’s 26. …

The next year, Julia is a web designer and ready to sue her employer under the Lilly Ledbetter law because she thinks a man might be getting paid more than her, regardless of whether he’s better at the job or otherwise a more valuable employee. She made a deal. She agreed to work for a certain wage. But then she caught wind someone else made a better deal, and naturally, that entitles her to the other person’s deal.

This is fiction, of course, because there’s no way Julia finds a job right out of college in Obama’s economy. But saying “Julia is depressed, drinks a lot and moved back home hoping to get a job at McDonald’s so she can have some money beyond her food stamps” doesn’t so much convey the message they’re trying to put out here.

Somehow she graduates at 25 – even though she’s the only college student in the country working in her chosen field since age 23 – and, thanks to her hero, President Obama, is ready to start repaying her student loans. She then becomes the only student in recent history who “makes her payment on time every month.”   …

At 27, Julia is happy again because … “Thanks to Obamacare, her health insurance is required to cover birth control and preventive care, letting Julia focus on her work rather than worry about her health.” Julia is relieved of the burden of spending $9 a month at Wal-Mart to buy her own birth control. This comes in handy if she’s sexually assaulted at an Occupy Wall Street camp, even though progressives and the media tell her the camps are perfectly safe. But don’t worry, Julia. Obamacare will cover your therapy, too!

When she turns 31, she gets pregnant. Who is the father? Who knows? No one in the Obama campaign cares either. Who needs a dad when you’ve got government? …

When her son, Zachary, is old enough to go to kindergarten, he’s shipped off to school and never, ever heard from again. Thanks to President Obama, schools are so awesome you can just give your kids to them and government will take care of the rest. Parenting is for suckers anyway. Well, not for his kids in their elite private school, but for your kids.

At 42 (and apparently childless again), Julia starts a web business with a Small Business Administration loan. Why Julia felt the need to borrow money to start a business millions of people start from home at minimal expense would be a mystery until you recall how she has relied on government to take care of her since the moment she was born. No one sacrifices for success anymore. They’re entitled to it.

The next time we hear from Julia, she is 65 and signing up for Medicare. This is funny because it assumes Medicare will still be around when Julia not only turns 25, but 65.

The real comedy hits when Julia is 67. It says, “After years of contributing to Social Security, she receives monthly benefits that help her retire comfortably, without worrying that she’ll run out of savings.”  … This occurs even though you can’t survive on Social Security alone today. But Julia lives in a world where government takes care of you every step of the way.

Missing from all of this Julia garbage is the fact the country is broke and Julia probably speaks Chinese now since they would own everything.

Never once does it talk about how well Julia does, how successful she becomes. Mostly because she won’t in Obama’s economy, but also because success isn’t really the goal … dependence is. If she becomes wealthy, she could think for herself … she could become the enemy.

Julia lives a lonely life, her son long since gone and forgotten, until she gets cancer at age 71, and the descendents of the bureaucrats Obama empowered to make everyone’s health care decisions for them deem her treatment too expensive and condemn her to death in a government nursing home.

No, of course, that’s not really part of the [Obama campaign] narrative.

You know what else is not part of the narrative? That she never once stood on her own. If Republicans had created Julia, this would be cause for uproar among feminists. But if Obama said she needed to live a life of dependency, who are they to argue?

Julia’s life has replaced what 100 years ago would’ve been “the role of a man in her life” with government. Julia is not a strong woman. She’s a weak stereotype who depends on big brother for everything in her life.

According to polls, this sort of cradle-to-grave government dependency is appealing to a large percentage of women. This should bother those feminists who tell us constantly they don’t need a man; they can take care of themselves. They don’t need a man but only because they have President Obama and his trillions of [borrowed] dollars … to meet their every need.

You’ve come a long way, baby…full circle, in fact, right back to where you started.

Self-reliance is best for everyone; but if a person has to be dependent, it must be better to depend on another individual, on a personal relationship with mutual interests, shared responsibilities, reciprocity of assistance, than on the impersonal State with which no negotiation is possible.

The State has the power to force compliance. It is not concerned with individuals. It makes rules to fit all. If it is allowed to be the chief or sole source of livelihood, it has the power to withhold what it gives and destroy you. That is the nature of the socialist State. Its citizens have traded in their freedom (however involuntarily) for “security” – cradle-to-grave provision of their needs. But that sort of security is an illusion. The only security anyone can rely on is his own ability and determination to provide his (her) wants for himself (and his own) as soon as he is old enough to end his dependency on his parents.

It strikes us that Julia is the antithesis of Sarah Palin, the woman who, with her husband, hunts and fishes and builds her own house, and thinks for herself and succeeds by using her own brains, abilities, energy, and earned money.

Which of course is why leftists, and especially the feminists of the left, hate Sarah Palin.

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