Free Markets, Free People

Michael Wade

Podcast for 19 Jul 09

In this podcast, Bruce, Michael, Bryan, and Dale engage in the usual libertarian carping about government, and whether or not we “owe” the GOP something.  We don’t, by the way.

The direct link to the podcast can be found here.


The intro and outro music is Vena Cava by 50 Foot Wave, and is available for free download here.

As a reminder, if you are an iTunes user, don’t forget to subscribe to the QandO podcast, Observations, through iTunes. For those of you who don’t have iTunes, you can subscribe at Podcast Alley. And, of course, for you newsreader subscriber types, our podcast RSS Feed is here. For podcasts from 2005 to 2007, they can be accessed through the RSS Archive Feed.

The Recession is Racist (Updated)

Just thought you should know:

While unemployment rose steadily for white New Yorkers from the first quarter of 2008 through the first three months of this year, the number of unemployed blacks in the city rose four times as fast, according to a report to be released on Monday by the city comptroller’s office. By the end of March, there were about 80,000 more unemployed blacks than whites, according to the report, even though there are roughly 1.5 million more whites than blacks here.

Across the nation, the surge in unemployment has cut across all demographic lines, and the gap between blacks and whites has risen, but at a much slower rate than in New York.

Economists said they were not certain why so many more blacks were losing their jobs in New York, especially when a large share of the layoffs in the city have been in fields where they are not well represented, like finance and professional services. But in those sectors, the economists suggested that blacks may have had less seniority when layoffs occurred. And black workers hold an outsize share of the jobs in retailing and other service industries that have been shrinking as consumers curtail their spending.

Hmm, so maybe it’s just NYC that’s racist?

“Low-wage workers and workers who lack skills are really getting hit hard,” he said. “These are the workers who are sort of fungible. They lose their jobs very quickly, particularly in retail, the people who move boxes and do unskilled work. There are large numbers of African-Americans in that sector.”

Manufacturing, which has shed more jobs than any other sector of the city’s economy, had become a mainstay for black workers, Mr. Jones said. Government jobs had also become a prime source of solid, stable work for many blacks in the city, he added. But lately there have been cutbacks there, too, as falling tax revenue has forced the paring back of budgets.

So it’s those who hire unskilled workers who are racist? This theme is confusing.

Still, Mr. Parrott’s analysis painted a stark picture of how uneven the effects have been for whites, blacks and members of other minorities. His figures show that whites gained about 130,000 jobs in the year that ended April 30 over the previous 12 months, but blacks, Hispanics and Asians all lost jobs during that period. Employment fell by about 17,000 jobs for blacks, 26,000 jobs for Hispanics and 18,000 for Asians and other ethnic groups, the data show.

“That’s a black-and-white employment picture,” Mr. Parrott said. “It’s like night and day over the 12 months. “There’s a real racial shift taking place in the city’s labor market in the past year.”

Okay, I’ve got it now. It’s white New Yorkers who are racist. Or maybe its the high-skilled labor market that’s racist? Again, I’m not sure.

But the article seems to imply pretty strongly that racism is at the bottom of this problem. Otherwise, why not mention how many of the unemployed are men, or of prime-age, or well-educated? Heck, why not mention that of the 108,000 [139,100 newly] unemployed workers in NYC [over the 12 month period between April 2008 and 2009], 61,000 [92,000] (or a little more than 56% [66%]) are white (which really makes you wonder where the 130,000 jobs figure came from)?* Obviously, the story is intended to tell us that somebody is being racist, and that’s why the “black-white gap in joblessness” is being discussed at all.

Welcome to post-racial Obamaland. If you don’t know whose fault it is, then it’s probably yours, racist.

UPDATE: Those numbers (in the sentence marked above with the *) were really bothering me. I went back and looked at the Bureau of Labor Statistics figures for New York City’s unemployment and discovered that the NYT article is way off. The number of jobs lost between April 2008 and April 2009 was 139,100, of which (according to the article) 17,000 were lost by blacks, 26,000 were lost by Hispanics, and 18,000 were lost by Asians and other races. Somehow or another, Mr. Parrott, who the article cites for the numbers, came up with 130,000 jobs gained by whites in this period. Of course, that makes absolutely no sense because, if it were true, then there would have been an increase in employment during that period, and the unemployment rate would have fallen, not skyrocketed. Instead, 139,100 people became unemployed, only 47,000 of whom were non-white. Ergo, instead of whites gaining 130,000 jobs, they lost 92,000.

There are other problems with the article as well, some of which you can discover by reading the NYT (in fact, the stories are written by the same person). For example, the story above cites low-wage, manufacturing and government workers as hardest hit, but last month the picture was just the opposite (emphasis added):

In the private work force, the weakness in May was concentrated in the fields of communications media, advertising and other information services, as well as in finance and education, according to James Brown, an analyst with the state’s Labor Department.

Those losses offset employment gains in tourism-related businesses and construction, Mr. Brown said. He said that aggressive price-cutting by hotels had kept tourists visiting and saved jobs. Construction benefited from the flow of federal stimulus funds, he added.

The latest numbers, Mr. Brown said, illustrate that New York’s economy is still contracting, despite recent fluctuations in the city’s unemployment rate, which was 8 percent in April.

“Although the unemployment rate actually dipped slightly in three of the last five months, the trend is still strongly upward,” he said. “Despite some positive notes, the city’s job market is still weak and the weakest areas — financial activities and professional and business services — will not resume growth until after the national economy improves.”

I’m sure there’s other stuff that’s wrong as well, but it doesn’t change the fact that you are a racist.

Podcast for 12 Jul 09

In this podcast, Bruce, Michael, and Dale discuss the health care bill that will presented on the House floor.

The direct link to the podcast can be found here.


The intro and outro music is Vena Cava by 50 Foot Wave, and is available for free download here.

As a reminder, if you are an iTunes user, don’t forget to subscribe to the QandO podcast, Observations, through iTunes. For those of you who don’t have iTunes, you can subscribe at Podcast Alley. And, of course, for you newsreader subscriber types, our podcast RSS Feed is here. For podcasts from 2005 to 2007, they can be accessed through the RSS Archive Feed.

Paranoia, The Destroyer

Obviously, as one with a severe bent towards freedom, I think it is always advisable to keep a close eye on what our government is doing. Especially when it comes to said government granting itself extraordinary powers over the conduct of our lives, and/or over our liberty, in light of particular opinions we might hold, or because of the people we hang around with. The danger in allowing the government latitude to impinge upon our liberty in such cases should be apparent. However, sometimes people start seeing a red under their bed, or a little yellow man in their head, and act just a wee bit paranoid about actions that the government has proposed.

And it goes like this:

… legislation quietly making its way through Congress would give the White House power to categorize political opponents as hate groups and even send Americans to detention centers on abandoned military bases.

Rep. Alcee Hastings – the impeached Florida judge Nancy Pelosi tried to install as chairman of the House Intelligence Committee until her own party members rebelled – introduced an amendment to the defense authorization bill that gives Attorney General Eric Holder sole discretion to label groups that oppose government policy on guns, abortion, immigration, states’ rights, or a host of other issues. In a June 25 speech on the House floor, Rep. Trent Franks, R-AZ, blasted the idea: “This sounds an alarm for many of us because of the recent shocking and offensive report released by the Department of Homeland Security which labeled, arguably, a majority of Americans as ‘extremists.'”

Another Hastings bill (HR 645) authorizes $360 million in 2009 and 2010 to set up “not fewer than six national emergency centers on military installations” capable of housing “a large number of individuals affected by an emergency or major disaster.” But Section 2 (b) 4 allows the Secretary of Homeland Security to use the camps “to meet other appropriate needs” – none of which are specified. This is the kind of blank check that Congress should never, ever sign.

It’s not paranoid to be extremely wary of legislation that would give two unelected government officials power to legally declare someone a “domestic terrorist” and send them to a government-run camp.

(my emphasis)

In support of author Mark Tapscott’s ipse dixit argument that this isn’t paranoia, he points to the internment of Japanese-Americans during WWII. That’s a fair enough point (i.e. it has happened before here), but the analogy between Hastings’ amendment and the WWII internment camps is still pretty weak. For one thing, the internments were not done on the sly, as Tapscott suggests is being done now, and secondly, rounding up a relatively small number of people during WWII, is a lot more plausible than attempting to imprison half the country.

Ed Morrissey also pours some cold water on Tapscott’s theory:

To be fair on the second point, most legislation includes phrases similar to the “meet other appropriate needs” as a means of allowing flexibility in using facilities commissioned by Congress. Under unforeseen circumstances even apart from creating concentration camps for abortion opponents, the six national emergency centers might need to get some use other than housing military personnel or civilians evacuated from a disaster area. That language allows the Pentagon and Homeland Security leeway to adapt for other issues without having to worry that lawyers will descend upon them like locusts for not strictly limiting use to the statutes.

Nevertheless, I decided to delve into the Hastings amendment that Tapscott referred to, and which can be read in its entirety here (pdf). This is the pertinent language that woke some people up feelin’ kinda queer:

‘(2) DEFINITION OF HATE GROUP.—In this subsection, the terms ‘group associated with hate-related violence’ or ‘hate group’ mean the following: …

(G) Other groups or organizations that are determined by the Attorney General to be of a violent, extremist nature.

First of all, note the qualifier “violent” in that definition. Just being pro-life or anti-tax would not bring one under the aegis of this provision unless you also advocated violence in support of the cause.

The other part that seems to have been missed by some, is that this entire amendment is aimed at rooting out hate-group supporters from the military:

(1) PROHIBITION.—A person associated or affiliated with a group associated with hate-related violence against groups or persons or the United States Government, as determined by the Attorney General, may not be recruited, enlisted, or retained in the armed forces.

In other words, the worst thing that can happen as a result of this bill is that someone could be unfairly kept out of the military. I don’t want that any more than I expect anyone else does, but it’s sure a far cry from rounding up Republicans and throwing them in gulags.

That’s not to say that there aren’t problems with the amendment. As many of you probably already know, the military already has several provisions on the books prohibiting associations with extremist hate groups. Moreover, as Rep. Franks noted in arguing against the amendment, when viewed in light of the recent DHS report, allowing unelected and unaccountable officials to determine on their own who is an extremist or not seems like a pretty bad idea:

I take extreme offense that the federal government – through a report issued under the authority of a Cabinet-level official – would dare to categorize people who are “dedicated to a single issue, such as opposition or abortion or immigration” as “right-wing extremists” and it begs the question of whether the Attorney General, under Mr. Hastings’ Amendment, can look to the Napolitano report to decide who is an extremist, or can make the same categorization of the majority of Americans as extremists who may then be kept from joining the military, or who may be discharged.

The desire to risk one’s life on foreign soil for one’s country may well be considered “extreme.” To spill blood on a foreign battlefield in the name of freedom requires extreme devotion.

This amendment could have been written in a way that is more consistent with current DOD policy, which prohibits military personnel from participating in “organizations that espouse supremacist causes; or attempt to create illegal discrimination based on race, creed, color, sex, religion, or national origin…”

So, not only is Hastings’ amendment redundant, it’s also an undesirable (and perhaps unconstitutional) grant of power to the Attorney General. Clearly the amendment as drafted could use some work, and it should be watched and commented upon. However, none of it suggests that Hastings is planning on helping the Obama Administration to unilaterally declare “groups that oppose government policy on guns, abortion, immigration, states’ rights, or a host of other issues” hate groups and then have them carted off to Guantanamo-on-the-Mainland.

heck, even Franks didn’t go so far as to suggest that Democrats want to literally wall off their political rivals. Instead, he claimed that the real intentions of the House were not being reflected in the amendment:

The military has many laws and regulations in place to counter racism and the enlistment of racist militants. Recruits must be thoroughly vetted, and must even explain the symbolism behind their tattoos, body markings and writings. I understand that there is concern that the rules and regulations governing vetting of recruits are not being followed as vigilantly as they could be, and this is a legitimate cause for concern. At the same time, this is a call for better enforcement of the laws in place, rather than a sweeping categorization of persons as “extremists,” as we saw in Janet Napolitano’s agency’s report.

I want to state unequivocally that I believe that it is not the intent of this Congress to label pro-lifers, federalism proponents, and pro-immigration enforcement groups and their affiliates as extremists under the bill. My colleagues on the other side of the aisle should make a strong effort to assuage these concerns and make our intentions clear.

(my emphasis)

Is this an example of poor legislative drafting? Sure. Is the Hastings amendment really necessary in light of existing military rules and regulations? Probably not. Is it a good idea to give unaccountable officials the power to label groups of Americans as extremists simply because of some opinions that they might hold? No, no it isn’t. Does this amendment represent an empowerment of the federal government to intern a large swath of conservative America? Don’t be so paranoid.

Calling the government to account for straying outside it’s bounds of power is always a good idea, but being paranoid about it doesn’t help your cause, and may in fact hurt it. You’re blowing it all with paranoia. You may be feelin’ guilty, feelin’ scared, seeing hidden cameras everywhere, but you’ve got to Stop! Hold on. Stay in control.

‘Cuz paranoia is the destroyer.

Cap-and-Trade Bill: The Home Invasion

One of the single most important reasons we’ve been railing against the push for universal health care around here is because, at bottom, it will result in a massive loss of individual freedom. Aside from the physicians who will be treated like slaves (the only possibility if their services are considered a “right”), government will have every reason to control how we live our lives since, after all, if its paying for our health care then it has a vested interest in how we live our lives. Too much sugar, Tylenol or cigarettes? Well you’ll just have to quit or pay heavy fines or even go without health care altogether. Indeed, this is how virtually all bureaucracy works — i.e. once the state has responsibility for some part of your life, it starts taking over greater and greater portions thereof. As it turns out, cap-and-trade will be no different:

Let me introduce you to a little section of the Waxman-Markey cap-and-trade bill called the “Building Energy Performance Labeling Program”. It’s section 304 [ed. – It’s actually Section 204] of the bill and it says, basically, that your house belongs to the state. See, the Federal Government really wants a country full of energy-efficient homes, so much so that the bill mandates that new homes be 30 percent more energy efficient than the current building code on the very day the law is signed. That efficiency goes up to 50 percent by 2014 and only goes higher from there, all the way to 2030. That, by the way, is not merely a target but a requirement of the law. New homes must reach those efficiency targets no matter what.

But what does that have to do with current homeowners like you? Well, I’m glad you asked. You’re certainly not off the hook, no way, no how. Here’s what the Democrats have planned for you. The program requires that states label their buildings so that we can all know how efficient every building (that includes residential and non-residential buildings) is and it requires that the information be made public.

First, a couple of corrections: (1) The “Building Energy Performance Labeling Program” is in Section 204 of the bill; (2) Section 304 of the Energy Conservation and Production Act (42 U.S.C. 6833) is amended by Section 201 of this bill to mandate the efficiency standards set forth above.

Taking these in order, the labeling program essentially coerces the states into adopting the federal standards set forth in the bill for identifying and reporting the energy efficiency of each structure, whether residential or commercial. Essentially this means that Uncle Sam will get all the information it wants about your energy use in the home by strong-arming the states into gathering it for them.

That’s bad enough, but it’s the amendment to Section 304 of the Energy Conservation and Production Act that really inserts the feds into your life. That’s where the efficiency mandates are laid out in Congress’ attempt to create a national building code:

(c) State Adoption of Energy Efficiency Building Codes-

‘(1) REQUIREMENT- Not later than 1 year after a national energy efficiency building code for residential or commercial buildings is established or revised under subsection (b), each State–

‘(A) shall–

‘(i) review and update the provisions of its building code regarding energy efficiency to meet or exceed the target met in the new national code, to achieve equivalent or greater energy savings;

‘(ii) document, where local governments establish building codes, that local governments representing not less than 80 percent of the State’s urban population have adopted the new national code, or have adopted local codes that meet or exceed the target met in the new national code to achieve equivalent or greater energy savings; or

‘(iii) adopt the new national code; and

‘(B) shall provide a certification to the Secretary demonstrating that energy efficiency building code provisions that apply throughout the State meet or exceed the target met by the new national code, to achieve equivalent or greater energy savings.

If states or localities fail to adopt measures implementing or exceeding the efficiency standards promulgated under this bill, then the federal standards simply become the law of that land:

(d) Application of National Code to State and Local Jurisdictions-

‘(1) IN GENERAL- Upon the expiration of 1 year after a national energy efficiency building code is established under subsection (b), in any jurisdiction where the State has not had a certification relating to that code accepted by the Secretary under subsection (c)(2)(B), and the local government has not had a certification relating to that code accepted by the Secretary under subsection (e)(6)(B), the national code shall become the applicable energy efficiency building code for such jurisdiction.

This is a massive arrogation of power to the federal government, and an intolerable invasion of individual property rights. In order to avoid a fairly blatant exercise of unconstitutional authority, the bill essentially denies federal funds to states that do not comply. However, it also leaves wide open just how compliance will be enforced:

‘(f) Federal Enforcement- Where a State fails and local governments in that State also fail to enforce the applicable State or national energy efficiency building codes, the Secretary shall enforce such codes, as follows:

‘(1) The Secretary shall establish, by rule, within 2 years after the date of enactment of the American Clean Energy and Security Act of 2009, an energy efficiency building code enforcement capability.

‘(2) Such enforcement capability shall be designed to achieve 90 percent compliance with such code in any State within 1 year after the date of the Secretary’s determination that such State is out of compliance with this section.

‘(3) The Secretary may set and collect reasonable inspection fees to cover the costs of inspections required for such enforcement. Revenue from fees collected shall be available to the Secretary to carry out the requirements of this section upon appropriation.

‘(g) Enforcement Procedures- (1) The Secretary shall assess a civil penalty for violations of this section, pursuant to subsection (d)(3), in accordance with the procedures described in section 333(d) of the Energy Policy and Conservation Act (42 U.S.C. 6303). The United States district courts shall also have jurisdiction to restrain any violation of this section or rules adopted thereunder, in accordance with the procedures described in section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304).‘(2) Each day of unlawful occupancy shall be considered a separate violation.‘(3) In the event a building constructed out of compliance with the applicable code has been conveyed by a knowing builder or knowing seller to an unknowing purchaser, the builder or seller shall be the violator. The Secretary shall propose and, not later than three years after the date of enactment of the American Clean Energy and Security Act of 2009, shall determine and adopt by rule what shall constitute violations of the energy efficiency building codes to be enforced pursuant to this section, and the penalties that shall apply to violators. To the extent that the Secretary determines that the authority to adopt and impose such violations and penalties by rule requires further statutory authority, the Secretary shall report such determination to Congress as soon as such determination is made, but not later than one year after the enactment of the American Clean Energy and Security Act of 2009.

Subsection g above appears to empower the Secretary to assess civil penalties against individuals for noncompliance. I say “appears” because the italicized portion does not actually show up when you view the bill, only when you cut and paste it as I’ve done here (I never considered the idea that “transparency” in law-making meant “making the law transparent”). Of course, even without that italicized section, it’s pretty easy to see where this is going. If your home isn’t as efficient as the federal government wants it to be, then you will probably be facing some sort of civil penalty. How that could possibly be constitutional I have no idea.

In addition to the outrageous invasion of our homes represented by this bill, the mandates set forth are sure to drive up the costs of new homes in ways that will probably make them unaffordable for a great many people. For example, I would guess that if homes are to be 30% more efficient in just a few years, then they will likely be roughly 30% more expensive. It may be less, it may be more, but either way those prices are going up. That’s not exactly the best prescription for an ailing home market.

The bottom line of all this is that you had better be sure to tidy up your home because the federal government is coming to stay awhile and it’s bringing an awful lot of demands with it. It’s going to make having your mother-in-law over for a spell seem like a Bahamian resort vacation.

Rep. Waxman: Against the President = Traitor

Funny how the same people who threw hissy fits when challenged on actually rooting for the War in Iraq to fail, now find it perfectly acceptable to question anyone’s patriotism who doesn’t step in line with a hearty “Jawohl!” Well, more sad than funny really:

Rep. Henry Waxman (D-Calif.), who has had an eventful couple of weeks to say the least, believes House Republican opposition to climate change legislation and the stimulus indicates they’re cheering against the good ol’ US of A.

“It appears that the Republican Party leadership in the Congress has made a decision that they want to deny President Obama success, which means, in my mind, they are rooting against the country, as well,” the powerful House Energy and Commerce Committee chairman told WAMU radio host Diane Rehm on Tuesday morning, promoting his new book, “The Waxman Report.”

Just to be clear, opposition to the President’s agenda means that you also oppose America, according to Waxman. Doesn’t that mean that Waxman and most of the rest of his Democratic allies, including our current President, were “against America” for not supporting Bush’s agenda?

Ah well. That was a different time, I guess. Things are so completely different now that questioning one’s patriotism is absolutely justified. At least that’s what Steve Benen seems to think:

This sounds like intemperate rhetoric, but under the circumstances, it’s hardly over the top.

It’s not immediately clear what “circumstances” we’re under that render such accusations perfectly acceptable to Benen, but one can’t help but recall Obama’s famous call to bi-partisanship: “I won.”

Pontiff Pontificates On Economics … Badly

When it comes to economics, the Pope should stick to poping. While it’s not uncommon for the papacy to issue decrees and opinions vaguely in line with common socialist principles (e.g. love thy neighbor, etc.), it is somewhat rare for the Pope to outright call for one-world government:

Pope Benedict XVI on Tuesday called for a radical rethinking of the global economy, criticizing a growing divide between rich and poor and urging the establishment of a “world political authority” to oversee the economy and work for the “common good.”

He criticized the current economic system, “where the pernicious effects of sin are evident,” and urged financiers in particular to “rediscover the genuinely ethical foundation of their activity.”

He also called for “greater social responsibility” on the part of business. “Once profit becomes the exclusive goal, if it is produced by improper means and without the common good as its ultimate end, it risks destroying wealth and creating poverty,” Benedict wrote in his new encyclical, which the Vatican released on Tuesday.

I wonder what happened to leave to Caesar what is Caesar’s and to God what is God’s? Or how about that whole concept of “free will”; you know the very basis and foundation of our religious “faith” (which, of course, can only come from choice and not from force)? That seems to be under indictment with Pope Benedict’s latest encyclical.

Leaving aside world governance for the moment, the Pope really goes off the rails when he gets into economic policy. For example, at one point he decries “globalization” and “outsourcing” as little more than the rich preying on the poor:

Indeed, sometimes Benedict sounds like an old-school European socialist, lamenting the decline of the social welfare state and praising the “importance” of labor unions to protect workers. Without stable work, he notes, people lose hope and tend not to get married and have children.

But he also wrote that “The so-called outsourcing of production can weaken the company’s sense of responsibility towards the stakeholders — namely the workers, the suppliers, the consumers, the natural environment and broader society — in favor of the shareholders.”

In short, managers should run their companies for the benefit of those who whine about the common good rather than for those who actually paid for the company (i.e. the shareholders). I’m guessing this is the “squeaky wheel” part of the sermon.

Yet, while outsourcing is deemed “bad”, the Pope also laments that poor countries aren’t better taken care of by richer ones. Towards that end

Benedict also called for a reform of the United Nations so that there could be a unified “global political body” that allowed the less powerful of the earth to have a voice, and he called on rich nations to help less fortunate ones.

“In the search for solutions to the current economic crisis, development aid for poor countries must be considered a valid means of creating wealth for all,” he wrote.

Except for the fact that “development aid” is not wealth. Wealth is created through productivity, not handouts. Indeed, the surest and simplest way to aid development in poor countries to give them jobs … a.k.a “outsourcing.” Doesn’t that whole give a man a fish/teach a man to fish thing ring any bells, your Holiness? Moreover, the more things like outsourcing happen, then the greater wealth there is in the world, and the more work/wealth/happiness there is for everyone to enjoy. Again, I’m pretty sure that was something about loaves and fishes in the Bible that would help illustrate this point.

So much for Papal infallibility.

Just to be clear, I say all of this as a practicing Catholic who is raising his own children in the same tradition. I have great respect for the Pontif when it comes to matters of the spirit. I just wish he’d leave the day-to-day management to the rest of us.

Honduras: Will the Rule of Law Prevail?

Watching the events unfold in Central America over the past week has been an infuriating and dismaying exercise. Too many people, either sadly uninformed or maliciously misinforming, have referred to the ouster of Mel Zelaya by the unified government of Honduras as a “military coup” and an illegal transfer of power. Not only are such castigations dead wrong, they are made without any justification and completely against the actual Honduran Constitution.

Hello, Triple A?  I seem to have locked my presidency inside my country.  Can you help?

Hello, Locks-R-Us? I seem to have locked my presidency inside my country. Can you help?

To understand just how far off base these accusations of illegality are, ask yourself what law is alleged to have been broken. Has anyone cited an actual provision of the Constitution or a statute that’s been violated? Of course not, because there is none. In fact, if any of those who have been so quick to condemn the Honduran government had actually done just a smidgeon of research, they would have found the ouster of Zelaya to be self-perpetuated and entirely within the rule of law.

To wit, here is Title II, Chapter 4, Article 239 of the Honduran Constitution, first in Spanish:

ARTICULO 239.- El ciudadano que haya desempeñado la titularidad del Poder Ejecutivo no podrá ser Presidente o Vicepresidente de la República.

El que quebrante esta disposición o proponga su reforma, así como aquellos que lo apoyen directa o indirectamente, cesarán de inmediato en el desempeño de sus respectivos cargos y quedarán inhabilitados por diez (10) años para el ejercicio de toda función pública.

And in English#:

Article 239 — No citizen that has already served as head of the Executive Branch can be President or Vice-President.

Whoever violates this law or proposes its reform, as well as those that support such violation directly or indirectly, will immediately cease in their functions and will be unable to hold any public office for a period of 10 years.

The plain text of Article 239 quite clearly states that Zelaya, through his own actions, ended his presidency. By seeking to hold a referendum on whether Hondurans should consider changing the term-limits portion of the Constitution, Zelaya’s official duties were ended “immediately” and he was further barred from participating in public office for a period of ten years. Period, the end.

Some may try to argue that Zelaya did not receive any due process in his ouster, but that argument must fail. Even under U.S. jurisprudence, due process is simply all the process that is due. In this case, once Zelaya was determined to have violated the term-limits provision of Article 239 by proposing its reform, which Zelaya has basically admitted and which the Honduran Supreme Court derivatively found, then he received his due process. Despite the decisions against him, Zelaya decided to go ahead with his illegal referendum, gathered a mob together, and invaded the military compound where the (Venezuelan-created) ballot boxes were being kept. He fully intended to hold the referendum on Sunday June 28th had he not been stopped.

These, among other actions, were what led the Congress to pursue impeachment, the Attorney General to issue an arrest warrant on Saturday June 25, 2009, and the Supreme Court to issue its own arrest warrant on Sunday resulting in Zelaya’s removal from the country:

Honduras’s military acted under judicial orders in deposing President Manuel Zelaya, Supreme Court Justice Rosalinda Cruz said, rejecting the view of President Barack Obama and other leaders that he was toppled in a coup.

“The only thing the armed forces did was carry out an arrest order,” Cruz, 55, said in a telephone interview from the capital, Tegucigalpa. “There’s no doubt he was preparing his own coup by conspiring to shut down the congress and courts.”

Cruz said the court issued a sealed arrest order for Zelaya on June 26, charging him with treason and abuse of power, among other offenses. Zelaya had repeatedly breached the constitution by pushing ahead with a vote about rewriting the nation’s charter that the court ruled illegal, and which opponents contend would have paved the way for a prohibited second term.


The arrest order she cited, approved unanimously by the court’s 15 justices, was released this afternoon along with documents pertaining to a secret investigation that went on for weeks under the high court’s supervision.


Cruz said the military decided to shuttle Zelaya out of the country for his safety and that of other Hondurans because riots would’ve erupted had he been held for trial.

“If he had been allowed to stay in the country, there would’ve been blood on the streets,” she said.

To recap, Zelaya violated Art. 239 by proposing and then attempting to hold a referendum to change his term limits, which referendum was declared illegal by the Supreme Court and the Congress, and then he tried to go ahead with it anyway. In the meantime, aside from the secret, court-approved investigation going on for some time behind the scenes, the Attorney General and the Congress sought Zelaya’s impeachment, and the Supreme Court and the Attorney General each issued arrest warrants when Zelaya pressed ahead with his illegal referendum. The military responded to the court-ordered arrest and took Zelaya into custody on June 28th.

But what about the deportation to Costa Rica? Surely that was an illegal action? Heck, even a top Honduran military official is saying so:

The military officers who rushed deposed Honduran President Manuel Zelaya out of the country Sunday committed a crime but will be exonerated for saving the country from mob violence, the army’s top lawyer said.

In an interview with The Miami Herald and El Salvador’s, army attorney Col. Herberth Bayardo Inestroza acknowledged that top military brass made the call to forcibly remove Zelaya — and they circumvented laws when they did it.

It was the first time any participant in Sunday’s overthrow admitted committing an offense and the first time a Honduran authority revealed who made the decision that has been denounced worldwide.

”We know there was a crime there,” said Inestroza, the top legal advisor for the Honduran armed forces. “In the moment that we took him out of the country, in the way that he was taken out, there is a crime. Because of the circumstances of the moment this crime occurred, there is going to be a justification and cause for acquittal that will protect us.”

Of course, it wasn’t the first time anyone took credit for the decision (the Supreme Court has been saying for days that it order Zelaya’s capture), and Inestroza also declares that whatever “crime” may have been committed against Zelaya would be absolved anyway:

“What was more beneficial, remove this gentleman from Honduras or present him to prosecutors and have a mob assault and burn and destroy and for us to have to shoot?” he said. “If we had left him here, right now we would be burying a pile of people.”

This week, Deputy Attorney General Roy David Urtecho told reporters that he launched an investigation into why Zelaya was removed by force instead of taken to court. Article 24 of Honduras’ penal code will exonerate the joint chiefs of staff who made the decision, because it allows for making tough decisions based on the good of the state, Inestroza said.

Another provision to keep in mind is Title II, Chapter 3, Article 42:

Article 42: The legal rights of any citizen is lost:

5) If the citizen incites, promotes, or supports the continuance or the re-election of the President of the Republic;

Accordingly, not only has Zelaya lost his ability to continue in office through his own actions, he has also lost his rights as a citizen, among those which would presumably be the right to remain in the country. In the end, that all spells a one-way ticket to anywhere but Honduras for the would-be Chavista dictator. Moreover, Zelaya should be very thankful that he wasn’t ousted in the old-fashioned way which was much more permanent and painful.

The only question remaining is, why would our President, as leader of a country founded on the rule of law over the rule of men, opt to side with flouter of constitutional democracy instead of the leaders who took great pains to ensure that the country’s constitution was adhered to? Unfortunately, I’m afraid that there are no good answers to that question, and that our President is helping to precipitate a major crisis in Central America. Was this the change we were hoping for?

[General HT to Fausta for many of the above links]
# I’ve checked the translation against some Spanish to English translators and it appears to be essentially correct to me. Any suggested changes are welcome.

Welcome To One-Party Rule (Updated)

It’s now official: only one party has the reins to power in Washington, DC:

The Minnesota Supreme Court on Tuesday unanimously ruled Al Franken the winner of last November’s Senate race, putting the former “Saturday Night Live” star on the brink of becoming a United States senator and Democrats on the cusp of holding a dominant 60-vote supermajority in the Senate.

In a unanimous 5-0 decision, the court upheld a three-judge panel’s April 14 ruling that Franken defeated Republican Norm Coleman in the race by 312 votes out of 2.9 million cast. The 32-page was remarkably decisive, picking apart and rejecting one Coleman legal claim after another.


If Franken is seated, Democrats would hold a 60-40 majority in the Senate, the largest the party has enjoyed in a generation. Sixty votes are needed to break filibusters, ensuring that if Democrats stay united they would be able to cleave the GOP’s last lever of power in Washington. A Franken “yes” vote on health reform, climate change legislation and Supreme Court nominee Sonia Sotomayor gives Senate Majority Leader Harry Reid (D-Nev.) even more of a margin for error on these major votes.

Democrats were already celebrating the result.

Gov. Tim Pawlenty already stated that he would sign the election certificate for Franken if directed to do so by the Supreme Court, so this is pretty much a done deal. Coleman has not indicated whether he would appeal the decision to the U.S. Supreme Court, and the Minnesota Republican Party doesn’t seem to sanguine about pushing further:

Even Minnestoa Republicans – highly disappointed by the ruling – weren’t ready to call for a federal legal challenge.

The Minnesota Republican Party issued a strongly worded statement, saying the ruling “wrongly disenfranchised thousands of Minnesotans who deserve to have their votes counted.”

But the chairman-elect of the party, Tony Sutton, made no mention of next steps, only saying, “As we move forward, our deeply flawed election system must be dramatically improved to ensure our state’s elections are fair, accurate and reliable.”

Assuming that Coleman doesn’t seek cert., or if he does that no stay of the decision is put into place, then Franken will be seated as early as next week. With a vetofilibuster-proof majority in the Senate, the Democrats won’t need to play parliamentary games like using reconciliation bills, or the like, and instead will simply shove legislation down the throats of the minority. So get ready for cap-and-trade, government health care, huge tax increases, and a host of other government programs that don’t need and can’t pay for.

The only downside for Democrats is that they can’t credibly blame the fiscal and economic woes on Bush anymore as they will have cornered the political market. I say “credibly” because they will continue to do so, and the media mostly won’t call them on it, but such claims will be laughably false. The real question is, how and when will this come back to haunt them?

UPDATE: Coleman concedes.

Podcast for 28 Jun 09

In this podcast, Bruce, Michael, and Dale discuss the situations in Honduras and Iran, and the cap-and-trade energy bill.

The direct link to the podcast can be found here.


The intro and outro music is Vena Cava by 50 Foot Wave, and is available for free download here.

As a reminder, if you are an iTunes user, don’t forget to subscribe to the QandO podcast, Observations, through iTunes. For those of you who don’t have iTunes, you can subscribe at Podcast Alley. And, of course, for you newsreader subscriber types, our podcast RSS Feed is here. For podcasts from 2005 to 2007, they can be accessed through the RSS Archive Feed.