Category Archives: Constitution

A Very Judicial Coup

We’ve now entered the Alice in Wonderland phase of America — specifically its judiciary arm.

The Ninth Circuit Court of Appeals has just handed down its decision concerning the Trump “Travel Ban.” Surprise! It affirmed the remarkably daft and erroneous lower court decision concluding that Pres. Trump did not have the authority to restrict immigration — especially immigration from places that produce dangerous people.

The statute in question is one of the more straightforward statutes out there. Not written in typical double-negative bureaucratese, it’s actually understandable to a human being (i.e. not a lawyer). Here’s the important bit.

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

Pretty clearly the president can make most any decision he wants concerning immigration. If he does something squirrely, he can answer to Congress or the people.

However, the Ninth, according to this summary from Law Newz, decided that the president did not have exclusive domain over immigration. In fact, the court seems to have decided to insert itself immigration policy by dismissing the president’s reasons because, well, the court doesn’t approve of restricting immigration.

Well, glad that’s settled.

Actually, you would be hard-pressed to find a decision that was more perfectly wrong than this one. Almost every reason the court uses is spectacularly wrong and misunderstands the law and the Constitution.

For instance, the court decided that the president doesn’t have the power to proclaim the details of policy because he was discriminating against select people.

Wow, imagine that, a law that discriminates.

Oh, wait, that’s what laws do. They discriminate. Murder laws discriminate against murderers — crimping their style, so to say. Theft laws discriminate against thieves. Speed limits discriminate against speeders, etc. And immigration laws in the past discriminated against specific countries such as Eastern Bloc countries or limited the amount of immigrants from countries.

Funny how those laws work…

The court complained that the “travel ban” was breaking up families — declaring a new right that anyone related to an American may enter the country at will.

Now, a federal court ruled that the president doesn’t have the power that a statute clearly delegates to him. Well, then what’s the point of a president if courts can simply insert themselves into policy whenever they wish?

Maybe they think they should be in charge — unelected courts assuming a power they do not have in the Constitution. Judges that cannot be easily removed. Sitting in judgment of Congressionally passed laws, presidential Constitutional duties. No longer satisfied to be blindfolded and follow the law unequivocally, they now offer their thumbs up or thumbs down, like the Roman emperors of old; or maybe the Red Queen.The law means what she says it means.

It is time that these arrogant robed tyrants have their wings clipped. As the Virginia flag says, “Sic Semper Tyrannis.”

Can a Businessman Learn?

Donald Trump was a successful businessman (not that he didn’t have some failures) but his ascendancy to the presidency validates the point that the presidency isn’t a business position — at least as far as the current situation defines it.

No doubt before he became president Trump thought he could handle the Washington denizens. He figured that he knew a lot of Democrats in the past, had given to their campaigns and had worked with them in development projects.

I think that the the viciousness of the Washington national Democrats and their media auxiliaries ha stunned him.

A case in point — this whole Comey “memo” and Trump “obstruction of justice.”

Here’s what I suspect and think. We’ve only been treated to a highly edited, one-sided, possibly fictional version of what happened. I suspect that Trump did say to Comey at the meeting, when they were alone, that he should consider letting go of the Flynn matter. I also suspect there’s more to it. Something along the line of “You got your scalp. Flynn’s out. You know he didn’t do anything. You can call off the dogs.”

Trump’s mistake is that he thought Comey, and the Democrats in general, were honorable and were merely chasing Flynn to mark their territory and let the new president know that they are not to be trifled with. That they should be consulted with on big matters.

Trump the businessman has a grasp of such behavior. The county and city councils that he dealt with along with unions and the occasional Mafiosi behaved in a similar manner, until they were bought off with money, flattery and some choice jobs. In Trump’s experience, as an urban property developer, generally people want things developed so agreements can be reached, it’s just a matter of how much or who to employ or kowtow to. As corrupt as urban Democrats often are, they usually do want that eyesore redeveloped and they want the glory of being involved in such projects.

Washington Democrats do not operate that way.

They have one goal and one goal only — the accrual of power, total power. Everything is in service of that acquisition and anything in the way must be and will be destroyed. They are devoting their lives and the treasure (along with lots of other people’s treasure) to that goal.

Trump incorrectly thought that the taking down of Flynn was merely some muscle-flexing on the beach. Some letting the new guy in town know how things work if he wants to do business in the town.

It wasn’t. The Democrats deployed their knights and troops along with activating their media skirmishers to destroy Flynn. They will destroy everybody Trump sends out.

This whole “Russia Collusion” story is the pure distillation of that process.

Trump might think it will go away when he bribes the right people, appoints some Democrats or Democrat-approved people or compromises on the right issues. Not going to happen. Trump might think that the story will go away when the absurdity of it becomes apparent to a certain number of people and the media reports it honestly. Neither of those points mean a thing and the media will never report the story honestly. They are an arm of the Democratic party and can not operate separately of that brain any more than your arm can take on a life of its own.

There is currently one main short-term goal of the Democratic party and its disparate elements and allies in that quest for power — that is the destruction of Pres. Donald J. Trump. There will be no deviation or compromise of that goal. None.

The sooner Trump understands that, the sooner he can come up with a strategy for survival (and coincidentally, the United States as a free country rather than the totalitarian socialist state the Dems yearn for).

One leg, possibly the most important strategic long-term leg, is to Drain the Swamp.

While the Democrats and their generic allies in Hollywood, academia and business have other sources of income, influence and power, they ultimately depend on Washington in a way that a plant needs the sun. All the fertilizer and water mean nothing if there is no sun. Washington is that sun to the socialist campaign.

Start knocking the supports down and Democrat power lessens. The Dems are very weak at the state and county level so much of their lifeblood comes from two sources — very rich people (Hollywood, Silicon Valley and Wall Street) and Washington handouts. These handouts can come in the form of direct cash and/or influence.

They have an additional leg, not as wealthy, but it provides young, enthusiastic shock troops and serious cultural propaganda value — academia (K-12 and college).

Trump (AND THE DAMN CONGRESSIONAL GOP) need to start reducing numerous programs, agencies and departments.

There are so many targets of opportunity.

Start with the federalization of the student loan program. Kick it back to the private sector and states and make it clear that no one has a right to a federal government-funded education. It’s not in the Constitution.

National Labor Relations Board — Oh, Hell, yeah. Bulldoze it and salt the Earth that where it stood.

Eliminate the Dept. of Labor. It serves no purpose other than being a paid union and socialist clearinghouse. Anything that has to survive can be ported over to the Dept. of Commerce.

Eliminate the Dept. of Commerce. It serves no purpose other than being a pork barrel for select politically-connected business while also being a great place for socialists to make connections for better employment in the private sector. Anything that we just can’t live without can be reformulated in an agency.

The Dept. of Energy is a liberal pork barrel, increasingly being working against legitimate energy sources while funding green silliness. It’s legit functions with the nuclear energy industry can be put back into an agency like it was before or turned over to the U.S. Navy.

Seriously trim the Dept. of Interior. It was Ground Zero during the last government shutdown, revealing itself being staffed with hardcore liberals who viewed their fellow Americans (their actual employers) with disdain. They felt they owned the properties under their observation and that they, and only they, should be able to visit the parks and monuments.

Chase down every “green” program at every federal operation and shut it down. Chase down every “affirmative action,” “minority,” “diversity” or “inclusion” program at every agency and shut it down. You cannot believe the hundreds of millions, probably billions, of dollars these two liberal-stuffed rackets shake out of the federal government each year in the form of cash grants, conferences, giveaways and guaranteed contracts; every dollar of which goes to a liberal. The absurdity of the federal government “fighting” discrimination by openly discriminating is typical of the upside down world we live in.

There are so many liberal, anti-American, socialist NGOs and nonprofits wholly dependent upon federal funding or the imprimatur it carries. Hundreds, thousands of them. The mere threat to the Corporation for Public Broadcasting demonstrated this and how these people will cling to their taxpayer funds with every breath. They feel entitled to that money and feel it is theirs. They need to be apprised that this is wrong.

A bonus is that with the feds moving against these programs, states and counties would feel empowered to shut down their Mini-Me versions of these programs. Collateral damage would hit academia with devastating affect.

Put all these Democrat socialist soldiers out of a job. Get a real job with your NGO grievance-mongering experience. Or stock shelves at a 7-11.

Restore the Hatch Act to curtail open liberal intimidation in the agencies.Start with places like the IRS and Dept. of Justice. (And shut down any department or agency office with the words ‘Civil Rights’ or ‘Diversity’ in their title — these are fountains of mischief and vexation; they are not concerned about real ‘civil rights’ merely projecting their fascist power over their fellow citizens whom they view as backward).

Work with Congress to rein-in the out-of-control judiciary. Trim its powers — it is a Constitutional violation to have “inferior” judges sitting in judgment like a Roman emperor of Congressionally-passed laws or presidential actions. It might help to publicly depose several of the worst actors.

There’s more, sadly much more, but this would be a good start.

Pres. Trump needs to understand that, ultimately, swamp creatures will eat you. It’s what they do. They see you as an invader and a threat. Stop feeding them!

Hillary’s “Right” to Admission

I’m belatedly getting around to this great Power Line post, “Hillary: The Third World Has a ‘Right’ to Move to the United States.

This piece commenting on her declaration that everyone on the planet has the right to not only come to the United States, but must be admitted. The illegal part of illegal immigration completely disappears.

I suspect that this policy position probably even makes some liberals nervous and that it is why immigration was not brought up at this week’s Clinton-Trump debate.

It’s an extraordinarily radical position to take. It would have likely put Clinton into a bad light and the media doesn’t want that to happen. It would have also possibly given Trump a strong issue and the media dang sure doesn’t want that to happen in a public forum watched by millions of undecided voters.

To “conservatives” unsure of whether to vote for Trump, this position alone should concentrate your mind.

I’ll also point back to my post “The Madness of the Liberal,” wherein I question the sanity of allowing in people who clearly hate the United States and will clearly, upon admission, work to undermine them.

I am pro-immigration for high-quality people who come here to help, work hard and be free but our current immigration policy, under the control of the liberal mindset, actually seems to seek out the opposite — lower-quality third worlders from cultures hostile to the concepts of free markets, democracy, Western Judeo-Christian civilization and toleration.

As I said before, Hillary Clinton delenda est.

Why We Can’t Have Nice Things #53745

Check this out – FCC’s Wheeler Proposing Set-Top Standards Enforcer.

Yes, the chairman of the Federal Communications Communications, the the increasingly ambitious and increasingly dictatorial federal government overseer of all things communication, wants to set up a whole bureaucratic authority to oversee set-top boxes, i.e. your cable box (and don’t be surprised when they decide to include your Roku or Sling Box).

WTF?

Despite somehow inventing and delivering perfectly functional cable boxes for decades, this overweening federal agency is edging towards a decision that somehow the cable box industry can’t work without the federali’s guidance.

The real gist of this is that the bureaucrats behind this want to control the content that goes through that box.

They may bray about “access,” as if it’s okay for people who don’t want to pay for the box have “rights’ to a box, but they are moving towards making the box just another “free” (subsidized and paid for by other people) “right” like an Obamaphone. Maybe it will be called a “Hillarybox.”

And the Hillarybox will have to distribute, under penalty of law, propaganda from liberal groups, free of charge because those groups (euphemistically called ‘stakeholders’) don’t want to pay to have their propaganda carried and many outlets don’t want to voluntarily  carry that propaganda.

Laugh all you want at my paranoia, this will happen if the feds get control of cable boxes.

There simply is no Constitutional reason for the federal government to have any say whatsoever in the hardware used in our private cable systems.

As I’ve said before, given their way, liberals will politicize everything, every minute of our life and every thing we do in life. They see Orwell’s “1984” not as a warning but as a manual and as a goal.

Is Trump “Unqualified” to Be President?

That Donald Trump is “unqualified” to be president is the latest meme peddled by Democrats, their Republican allies and, of course, the Democratic parrots known as the mainstream media.

So is Donald Trump “unqualified” to be president?

Here’s the relevant language from a document called the United States Constitution. You might have heard of it.

Article II Section 1 Clause 5:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Amendment XIV Section 1:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Trump meets all those criteria so he is qualified to be president.

I’m sure there are some very clever folks, many of them with Ivy League degrees, who will play the semantics game. “That’s ‘eligibility’ not ‘qualified,’” they’ll cluck.

These will be the same people who voted for a wet-behind-the-ears senator with a nonexistent record as a state legislator, an undistinguished career as a part-time contract lecturer at a university, a checkered past as a “community organizer” and an even sketchier academic career. His only success looked to have been to write an autobiography before he had done anything. He was also good at guilting white liberals with his black skin.

These people are also backing a woman who should be on trial; should be disbarred; who has a past of numerous legal violations; has aided and abetted numerous other crimes of accomplices; had a disastrous period as Secretary of State; had an undistinguished career as a senator; lies with a rare abandon; has lived off the taxpayer much of her life; and enabled her husband’s numerous crimes and misdemeanors as president.

On the other hand, Trump can point to successfully building things, employing people and working with large corporations and local governments. One can also point to failing on some of his projects as well.

The semantictarians are using the rubric that Trump is not “temperamentally” suited to be president.

Again these are the same people who voted for a two-faced narcissist who kept much of his past hidden (with the able aid of the American news media’s willingness to turn a blind eye).

There is no cuddle factor requirement for the presidency. As for insulting various people and groups, Trump is not much more insulting than Obama. The difference is that Obama insults the right groups while Trump goes after politically and socially correct groups.

As for other elements of of disqualification, that he doesn’t know the name of some obscure foreign politician, well, Obama thought we had 57 states… Trump has also threatened to push around some nations while Obama cowers and apologizes. Bellicosity is not a disqualifier for the presidency. Until King Barry the Apologetic, many presidential candidates had made a strong foreign policy part of their campaign.

What I think is really the point is that Trump, for all his faults (and they are not insubstantial), is not part of the professional political coterie that populates the upper levels of both parties. To narrow this down further, it is a group of (often Ivy League-educated) lawyers and people who have done nothing in their life but live off of the taxpayer in a series of governmental and elected jobs. They have little to no experience in the private sector and what little they have is tied to the government in some way. They have done little to nothing in the way creating jobs, businesses or economic activity (they would vehemently disagree with that, thinking that government is the source of all). They have, in many ways, been parasites living off of the public all of their lives.

These are the so-called “political elites.”

Trump offers a stark contrast to these people. Say what you want, by and large, Trump has had to work with people to get his projects done. Unlike the professional politicians he has usually not been able to simply demand that something be done and it gets done through the power of the government hammer.

I actually like the idea of having someone outside of the cushy, comfortable political ecosphere occupy the White House for a little while. The elites need to be humbled and reminded of what they have and what they should be grateful for (rather than demand as an entitlement).

One last point. During the reign of King Barry the Malignant, people have, perhaps more than with any other president, absorbed the idea of the president as omnipowerful king. That’s one reason they are so edgy about a Trump presidency.

But a Trump presidency will not be the way they fear. He will be constrained, as a president should be. Perhaps he might even, in a case of opposite day, remind people of how limited and small the presidency can and should be.

Gun Grab — Power Grab

John Hinderaker of Power Line does a nice summation of the idiocy, strawman arguments and evil behind the modern antigun movement in “Wear Orange to Stop Gun Violence?

The simple-mindedness of the modern liberal would almost be amusing if it didn’t mask the darker, far more sinister true goal, the removal of firearms from private, law-abiding citizens. The idea that wearing orange will somehow engineer a magic “solution” that would render “gun violence” a thing of the past displays typical liberal dimwittery and wishful-thinking.

It also belies a “Baptists and bootleggers” coalition between totalitarian liberals wanting to disarm those that might resist their endless march to omnipotent power and criminals who find a disarmed citizenry to be a happy hunting ground. Both agree that a cowed population is in their best interests.

Is Trump “Unfit” to Be President?

I do enjoy greatly the roil that Trump has brought to the political landscape.

Half of me wants Donald Trump to win just to put a thumb into the eye of the Republican establishment and possibly, finally, drive a stake through the heart of the Clinton vampire criminal syndicate.

The other half would like to see Trump lose just to shut the mindless, iconoclastic, ultra-annoying Trump-supporting barbarians up.

A third half of me laments that we are in this choice of two people — one of whom will be a terrible president, possibly Obama-level awful and the other might be almost as bad. Wake me up when it’s over!

Daniel Hannan has an interesting piece, “The Real Reason Donald Trump Is Unfit to Be President.” He makes many valid points about Trump. I express a skepticism here.

But even if Trump is “unfit” to be president, is there a “fit” alternative?

Hillary Clinton is even less fit to be president. She’s a serial liar. She’s likely committed one or more felonies and that’s not including the email imbroglio. She was stunningly incompetent as Secretary of State and did nothing as Americans were killed in Benghazi.  If she were a Republican she’d have been declared a greater criminal than Nixon by now (and by the American media).

This has led me to a “Eureka!” moment.

I’ve often thought that we put too much into the presidency. The president has gotten too big (and I’m not just saying that because of the fool occupying it now). The presidency is too powerful (and that is especially aimed at the fool) and needs to be whittled down. The trappings of the president have gotten too large. The streets in front of the White House have been blocked off. Whenever the president wants to go anywhere even more roads get blocked off. I know this from living about a mile or so as the crow flies from it.

This president, King Barry I, travels with an entourage of several armored vehicles and when he travels abroad a small air force is involved and over a hundred vehicles can be transported across the ocean. He’s protected by an army of handlers and Secret Service agents.

Yes, he’s being protected from assassination but is that what we really want to do?

When one makes a fetish of protecting someone, doesn’t it make it an even more tempting target?

I say we should knock this effort down. Make the White Hose the people’s house once again.

Make all our enemies know that the president is a replaceable person. Kill him (or her) and another will step in. We’ll continue on. We are not dependent upon a particular leader.

We could, of course, help this transition along by shrinking the size of the federal government elephant that he rides. If Washington did not command so much power over our lives, fewer people would be interested in controlling it or fighting it.

So, to bring this back around to Trump. I like that Trump is shaking up the establishments of both professional parties. A President Trump might (that’s a big ‘might’) fire some people. That scares the Washington professional class because they all believe they are unfireable. Or a Pres. Trump might be isolated from the bureaucracy that he putatively heads. In which case it would lumber along on autopilot, proving that we don’t need a president (and that the federal bureaucracy is out of control and lives only for itself — a secret they do not want you to know).

Finally, President Trump could do a little to make real that fantasy that anyone in America can become president. That you don’t have to be a lifelong politician with a lot of connections to get there. I like that idea.

We idolize the presidency too much. Maybe it’s time to bring it back to Earth. I’m sure if there is a Pres. Trump Democrats will be reminding us of how little power the president really does have. Heck, they might even unpack the Tenth Amendment!

Catch me while I swoon.