what if?

He Who Laughs Last

My liberal friends and family have been crowing the last couple of days about the Supreme Court decision on Obamacare.  Today, the New York Times admonishes Republicans to start building the infrastructure on which the massive overhaul of American health care would be built.  Conservatives, libertarians and Republicans are wailing and in mourning.

But.  Is all as it seems on the surface?

Over and over, I offer the disclaimer that I am no constitutional scholar.  Offering my own humble opinions seems silly, given that others have spent a lifetime studying this topic.  Nevertheless, I did take one constitutional law course as a grad student (heh) - and my years of logic and philosophical training do assist me now and then.  With that, I offer this opinion:  all may not seem as it is on the surface.

Allahpundit at HotAir has a round up of opinions that gives we lovers of liberty hope.

The business about “new and potentially vast” authority is a fig leaf. This is a substantial rollback of Congress’ regulatory powers, and the chief justice knows it. It is what Roberts has been pursuing ever since he signed up with the Federalist Society. In 2005, Sen. Barack Obama spoke in opposition to Roberts’ nomination, saying he did not trust his political philosophy on tough questions such as “whether the Commerce Clause empowers Congress to speak on those issues of broad national concern that may be only tangentially related to what is easily defined as interstate commerce.” Today, Roberts did what Obama predicted he would do.

Roberts’ genius was in pushing this health care decision through without attaching it to the coattails of an ugly, narrow partisan victory. Obama wins on policy, this time. And Roberts rewrites Congress’ power to regulate, opening the door for countless future challenges. In the long term, supporters of curtailing the federal government should be glad to have made that trade.

And - Neal Katyal, law professor at Georgetown, offers another opinion in the same vein.

This was the first significant loss for the federal government’s spending power in decades. The fancy footwork that the court employed to view the act as coercive could come back in later cases to haunt the federal government. Many programs are built on the government’s spending power, and the existence of an extraconstitutional limit on that power is a worrisome development.

Katyal uses language to indicate that this is "worrisome".  He appears to be liberal, and thus concerned that this case will thus curtail the ever encroaching reach of the federal government.

From what I have read so far, Katyal seems to be correct.  Ergo - those who are laughing now may not be laughing last.  Take solace, lovers of liberty.  All is not as it sometimes seems on the surface.

He who laughs last laughs best.

Right is Right

The big news of yesterday was the Supreme Court ruling on health care.  As I was traveling, however, from 11:30AM until 7PM - I was not able to stay on top of all the coverage and analysis.  So - nothing on that until I educate myself more.

Nevertheless, due to the miracles of our time, I was able to read a bit on one of my flights.  This story popped up on Drudge, and my immediate reaction was:  "Oh, great.  Now the First Lady wants to ban television!"

When I read all of it, however, I couldn't help but think to myself, "Michele Obama is correct about all this."

Free At Last

Yes, racism hasn't died and hate still exists.  Still... this column today from my friend Jeff Jacoby rings true.

I HAVE A DREAM, said Martin Luther King in 1963, that someday “on the red hills of Georgia, the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.” King was a prodigious dreamer, but even he might have found it hard to imagine that thousands of those listening to him that day would live to see a black pastor elected — unanimously and enthusiastically — to lead the Southern Baptist Convention.

Last week, a gifted and charismatic black minister from New Orleans’ Lower Ninth Ward, the Rev. Fred Luter Jr., was chosen by acclamation to lead the Southern Baptist Convention. Luter is not the first African-American to head a largely white Christian denomination in the United States — the Rev. Geoffrey Black has been president of the United Church of Christ since 2009, for example — but he is the first to head a church that was founded in support of African bondage and white racism.

We live at a time, after all, when a black president lives in the White House and a black justice sits on the Supreme Court. When the success of black supermodels and Fortune 500 CEOs is taken for granted. When celebrity magazines and websites routinely chronicle the lives of black athletes, entertainers, and movie stars. America today is nothing like it was in 1963, when King could only dream of black civil equality and the death of Jim Crow. The pervasive racism he confronted is primarily a historical memory now, while King himself is in the American pantheon.

Thank God that most Americans really are free at last.

Boo

When is booing not booing?  Only in the world of politics.

Listen to the video and then - you be the judge.

From a Democrat

One of the best explanations of why we need serious overhaul with our policies on public unions.

Sprung!

Glad to report that Dad is de-lighted to be home!  He's super-pooped and will need some time for his leg to heal.  But - Mom is soooooo very glad to have him here.

No battles to report - as of yet :)

Your Tax Dollars at Work (So to Speak...)

So, while NY Mayor Bloomberg is making it illegal to get a Big Gulp of soda pop, our federal government is doing this.

Americans spend $80 billion each year financing food stamps for the poor, but the country has no idea where or how the money is spent.

Food stamps can be spent on goods ranging from candy to steak and are accepted at retailers from gas stations that primarily sell potato chips to fried-chicken restaurants. And as the amount spent on food stamps has more than doubled in recent years, the amount of food stamps laundered into cash has increased dramatically, government statistics show.

But the government won't say which stores are doing the most business in food stamps, and even it doesn't know what kinds of food those taxpayer dollars buy.

As a result, fraud is hard to track and the efficacy of the massive program is impossible to evaluate.

"We can't release it based on federal rules. If it were up to us, I wouldn't have a problem releasing the information. It's taxpayer money," said Tom Steinhauser with the division of benefit programs for the Virginia Department of Social Services.

Maryland denied The Times' request for data under the Freedom of Information Act, saying the information belonged to the federal government, which instructed states not to release it.

Legislation seemingly designed to protect the industry goes so far as to say that anyone who releases the amount of food stamp dollars paid to a store can be jailed.

Let's see.  In New York, 32 ounces of Pepsi is considered a public hazard.  Yet, food stamp recipients can go to the corner convenience store and purchase whatever expensive junk food desired - and the taxpayer cannot even find out where their dollars are going?  And - let's not even discuss what fraud is involved... (though who could know when so much of the program is secret?!)

I dunno about your definition of government insanity.  This fits with my notion quite adequately.

When, however, are we, the people, going to do something about it?

 

Also Not Perfect, But...

A few months ago, my folks celebrated their 64th anniversary.  It wasn't supposed to happen - at least, not according to the other couples with whom they were close friends when they were first married.  Mom and Dad fought.  And - not just a little.  It was plenty.  Odds on how long they'd remain Mr. and Mrs. Kaplan ranged from under a year, to two or three.

Obviously, the oddsmakers were wrong.

Perfect

Just about nothing in life is.  In politics?  Please; do not make me laugh so hard it hurts.

Apparently, however, the folks who run Planned Parenthood don't understand this principle.

Keeping the President Safe

You think that the Hollywood crowd has to give up their silverware?

It was a quirky day on the road for President Obama. He headed to Florida for a couple of events: a speech to a Latino group in Lake Buena Vista outside Orlando, then a campaign rally in Tampa.

But at the first event, the Secret Service made hundreds of guests give up their forks and knives before the president entered the room.

The Secret Service told Politico that it sometimes asks that cutlery be collected before the president arrives as a security measure. Yet there are certainly plenty of events where that does not happen, and the service did not explain why this would be an exception.

“It’s very important that you use your utensils as soon as possible,” an official of the National Association of Latino Elected and Appointed Officials warned guests as they finished up their chicken lunches on Friday. She added: “I’m not joking.”

Yeah; I'm betting they don't make Meryl Streep or Woody Allen surrender their forks and knives, either.  Wonder how this action wows the National Association of Latino Elected and Appointed Officials...........

New Coalitions

Many of my conservative friends do not share my views about gay marriage.  More and more conservatives, however, are altering long held beliefs on this topic.  One of those conservatives is David Blankenhorn.

Instead of fighting gay marriage, I’d like to help build new coalitions bringing together gays who want to strengthen marriage with straight people who want to do the same. For example, once we accept gay marriage, might we also agree that marrying before having children is a vital cultural value that all of us should do more to embrace? Can we agree that, for all lovers who want their love to last, marriage is preferable to cohabitation?

I know that neither Blankenhorn nor I will ever be able to change all minds.  Still - I hope that more and more people who share my views about small government, fiscal restraint, personal freedoms, commitment and other conservative and libertarian values will perhaps one day see that recognizing gay partnerships and gay marriage is really an extension of such values; not counter to them.

Environmentalists Are Us?

If so - then you ought to applaud capitalism!  Don Boudreaux explains.....

Today’s most lethal pollutants aren’t industrial greenhouse gases
but, rather, pre-industrial dangers – still prominent in developing
countries – like “smoke from inefficient and dirty fuels such as dried
animal dung, crop residues and wood.”  We in the developed world have
cleansed our environment of these most lethal pollutants by relying upon
the very ‘non-green’ technologies that chic environmentalists, ignorant
of history, portray as unprecedentedly horrific sources of pollution.

Indeed, industrial capitalism is history’s greatest anti-pollutant. 
Asphalt and automobiles, for example, combine to cleanse our cities and
towns of the bacteria and insects (and stench) that are inseparable
from animal-powered transportation.  The petroleum used to make asphalt
and to power automobiles is used also to make plastic wraps that keep
our foods unpolluted, and to produce pharmaceuticals that keep our
bodies cleaner and healthier.

To list all of the ways that industrial capitalism depollutes our
environment requires several volumes.  Yet we need only look around our
homes for compelling evidence – evidence in the form of the solid (i.e.,
non-thatched) roofs above our heads and solid (i.e., non-dirt) floors
beneath our feet; potable water running from faucets; indoor plumbing;
antibacterial ointments and antibiotics; refrigerators and freezers and
laundry detergents and automatic washing machines and vacuum cleaners
and light bulbs and gas cooktops and electric heat-pumps….  The list of
ways in which the developed world has been cleaned by capitalism is
practically endless.

 

Fatal Distraction

I'm in Florida with Mom and Dad.  Arrived this afternoon, fresh with a blistering headache.  Whether from stress, fatigue, neck issues or all of the above, I do not know.

So, not able to do much work, but somehow found this few year old article.

I am constantly reminded to remain steadfast in my beliefs - yet not to judge others too harshly. 

I think of all the literally tens of thousands of errors I have made in my life; some minutely insignificant - and, others not so much at all.

Difficult to imagine an "error" any greater than this.  Yet in reality, easy for me to imagine it happening.

 

Life and Death

Suppose you found out that you had a serious health issue; perhaps one that was life threatening.  Then - suppose you found out that a medical device had excellent chances of saving you.  You'd be celebrating; correct?

Well; only if you had access to such a device.  If you lived in Europe, then you might well avail yourself of such innovation, yet in the United States .... well; too bad for you.

Father's Day

Happy Father's Day to all the dads out there!

Especially mine.

Do I know how lucky I am to still have him?  I sure do!!!

These two columns are worth reading, too.

Mr. Walker Goes to Washington

What kind of nation does the governor of Wisconsin imagine?  This.

Last fall, my wife Tonette and I had a chance to visit Independence Hall. It was quite an experience. You see, as a kid, I loved history and thought of our Founders as being well, bigger than life...almost like super heroes...so looking at the desks and the chairs where they sat was really pretty amazing.

Standing there, it dawned on me that those who had assembled in these chambers were ordinary citizens who did something quite extraordinary. They didn't just risk their political careers or their business ventures; they risked their lives for the freedoms we hold dear today.

The President and many of his allies seem to measure success by how many people are dependent on government programs. Those policies have failed. In contrast, I and many other Republicans define success in just the opposite way—by how many people we can free from government dependence by growing the private sector.

We need to confront the powerful special interests in Washington and put the hard working taxpayers back in charge of our government. We need to think more about the next generation than we do about the next election.

That kind of courage may be rare in politics, but I see it every day in the moms and dads I meet at factories and farms and small businesses all across my state. These moms and dads work hard for a living for more than just a pay check. They work hard for the same reason my wife, Tonette, and I do: we want our kids to have a better life.

In one of my favorite movies, another man goes to Washington with similar thoughts......

Overreach

Many people I know - liberal and conservative - are discussing the President's decision to not remove young illegal immigrants in our country who meet certain conditions.  Many of these people, both left and right, agree with the concept.

Including me.

But - there's one small problem.

With our form of government, the President does not have the constitutional authority to do this.

A president cannot claim discretion honestly to say that he will not enforce an entire law — especially where, as here, the executive branch is enforcing the rest of immigration law.

Imagine the precedent this claim would create. President Romney could lower tax rates simply by saying he will not use enforcement resources to prosecute anyone who refuses to pay capital-gains tax. He could repeal Obamacare simply by refusing to fine or prosecute anyone who violates it.

So what we have here is a president who is refusing to carry out federal law simply because he disagrees with Congress’s policy choices. That is an exercise of executive power that even the most stalwart defenders of an energetic executive — not to mention the Framers — cannot support.

In particular, my liberal friends may applaud what Obama did today.  Yet no matter what their beliefs on this particular part of our law, they ought not to at all.  Look at the examples that John Yoo gives above.  If we think it's OK for this president to do this - then it should be OK for any president, irrespective of the issue and his own beliefs.

We have separation of powers and a balance in our government for good reasons.  We do not have a king.

Apparently some of us (ahem) - are not aware of this.  Even if they did once teach constitutional law.....

Kindergarten Graduation

In our nation, we know what kindergarten graduation is like.  After learning some of the basics that will prepare children for first grade, they celebrate and enjoy getting ready for the next step in school.

It's a little different in some other areas of the world.

It's Here

Anyone who reads my blog knows that personal responsibility is a primary issue for me.  Without holding individuals responsible for their actions, ultimately, civilization falls apart. 

Some think that it's a fine idea for government to mandate what is wise for us to do.  And clearly, as I am not someone who thinks a system without laws and regulations would work, in some sense, I agree that we need "mandates."  Yet, they need to be broad based and as timeless as possible, like the concepts embraced in our Declaration of Independence and our Constitution.

I've blogged previously about the ludicrous situations that can develop as we go down the slippery slope of regulation in our personal lives from the government.  Sadly, however, it seems that we are getting closer and closer to having our individual decision making - and our personal responsibility, destroyed.

2300+

We have more than 2300 pages of financial regulations - and it's still not enough?

Rick Santelli has a meltdown that is spot on.