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Ignoring the law to buy votes

One of the bits of genius installed by the founders of this country was three co-equal branches of government, each responsible for a different part of the governing turf.  And the function of the three is not only to be the primary governmental institution in its explicit area of control, but to serve as a "check” on the others and provide “balance” by not letting one branch get more powerful than another.

In the area of immigration, to this point, the executive branch, under Barack Obama, has mostly done that with notable exceptions.   But now, it appears, all appearances of following the law as laid down by Congress seems to have been thrown under the bus.   The Obama administration has, for all intents and purposes, decided what how the law will be interpreted whether Congress likes it or not.   After all, there’s an election in the offing, activist groups to be satisfied and votes to be bought:

Bowing to pressure from immigrant rights activists, the Obama administration said Thursday that it will halt deportation proceedings on a case-by-case basis against illegal immigrants who meet certain criteria, such as attending school, having family in the military or having primary responsible for other family members’ care.

The move marks a major step for President Obama, who for months has said he does not have broad categorical authority to halt deportations and said he must follow the laws as Congress has written them.

But in letters to Congress on Thursday, Homeland Security Secretary Janet Napolitano said she does have discretion to focus on “priorities” and that her department and the Justice Department will review all ongoing cases to see who meets the new criteria.

“This case-by-case approach will enhance public safety,” she said. “Immigration judges will be able to more swiftly adjudicate high-priority cases, such as those involving convicted felons.”

Right … and to totally ignore cases against illegal immigrants who meet the arbitrary standards the administration finds to be “acceptable”.

This, of course, makes it clear to any illegal immigrant what the bare minimum is necessary to avoid deportation.  It’s a government sponsored “okay” to stay illegally.  Just meet one of the criteria (or appear too) and we’ll ignore the law for you.

However you feel about illegal immigration, we’ve always featured ourselves as a nation of laws, not men.   A nation of laws is one which follows laws and, if they don’t like the law, feel it is fair, or whatever, go through the process of changing the law or abolishing it.   What a nation of laws doesn’t do is ignore the law or arbitrarily pick and choose the parts it will follow.   Imagine, if you will, deciding that you weren’t going to follow certain laws because you felt they were unfair.  Say, doing 25 in a school zone.  You tell the officer who stops you that doing 25 is not fuel efficient and you’ve chosen to ignore it and do 45.  How far do you think that would get you in terms of avoiding a ticket?

In this case we have an administration that has decided to pick and choose what part of laws it will enforce.  It isn’t the first.  But this sort of blatant disregard for enforcing the law is both dangerous and something which needs to be stopped and stopped now.

If the executive branch finds a law to be something it has concerns or problems with, it’s recourse should be changing it through the legislative body, per the Constitution.   Or taking it to the Judicial branch for a Constitutional check, if that’s appropriate.  What it must not do is precisely what it is doing – ignoring Congress and literally taking the law into its own hands. 

That is the law of men – arbitrary, selective, dangerous and wrong. 

~McQ

Twitter: @McQandO


11th Circuit rules ObamaCare individual mandate "unconstitutional"

Fox news is reporting that the 11th Circuit Court of Appeals has ruled that a provision of the recently passed health care law is unconstitutional.  The court held that Congress exceeded its constitutional authority when it mandated the requirement.

"This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority," the panel said in the majority opinion.

The suit was brought by 26 states and one private group – the National Federation of Independent Businesses, who were pleased with the ruling:

"Small-business owners across the country have been vindicated by the 11th Circuit’s ruling that the individual mandate in the health-care law is unconstitutional," said Karen Harned, executive director of the group’s legal center. "The court reaffirmed what small businesses already knew – there are limits to Congress’ power. And the individual mandate, which compels every American to buy health insurance or pay a fine, is a bridge too far," she said.

The ruling is obviously a set back for the administration and will most likely ensure the Supreme Court will take the case soon.

~McQ

Twitter: @McQandO


What is the political bursting radius of “Operation Fast and Furious”?

Right now it seems that the Mexican/ATF gun running scheme has blown up in the face of the administration and, unless the media tries to ignore it, has the potential of being a very damaging scandal.  The NY Post gives a good summary:

The ATF’s acting director, Kenneth Melson, has been singing like a canary to congressional investigators as he pushes back against administration pressure for him to resign and take the fall for something that, at the very least, had to include the US Attorney’s Office, the FBI, the Drug Enforcement Administration and possibly the Homeland Security Department.

In a letter to Holder released yesterday, Rep. Daryl Issa and Sen. Chuck Grassley accused the Justice Department of blocking their investigation into the burgeoning scandal (which has resulted in the deaths of at least two American agents and countless Mexican civilians), muzzling the ATF and involving other federal agencies, including the FBI and the DEA, in funding the crackpot scheme.

"The evidence we have gathered raises the disturbing possibility that the Justice Department not only allowed criminals to smuggle weapons, but that taxpayer dollars from other agencies may have financed those engaging in such activities," they wrote.

"It is one thing to argue that the ends justify the means in an attempt to defend a policy that puts building a big case ahead of stopping known criminals from getting guns. Yet it is a much more serious matter to conceal from Congress the possible involvement of other agencies in identifying and maybe even working with the same criminals that Operation Fast and Furious was trying to identify."

That’s the key to this mess — and the reason that Operation Fast and Furious might turn out to be the biggest Washington scandal since Iran-Contra.

If all of this is true, then yes, it should be.  Melson had been prohibited by AG Eric Holder from appearing before Congress in his official capacity.  But Holder can’t prohibit private citizen Melson from appearing and that’s how Melson is appearing.  He obviously knows a bad op when he sees one and is refusing to be the fall guy.

The ostensible purpose of “Fast and Furious” was to identify the “higher ups” in the Mexican gun trafficking circles.  But here’s the problem:

As Issa and Grassley note in their letter, had the other agencies shared information — theoretically the goal of the post-9/11 revamp of the intelligence and law-enforcement agencies — "then ATF might have known that gun trafficking ‘higher-ups’ had already been identified."

In fact, inter-agency coordination – something the 9/11 reorganization was supposed to fix – should have revealed those names the ATF sought.  So if that isn’t really the reason for the operation, what is?

Well that’s where the speculation occurs, and the administration doesn’t help itself by stonewalling Congress. 

Melson testified behind closed doors on July 4, but the country needs to hear him speak — loudly and publicly. "Let me be clear," Issa wrote to Melson in April, "we are not conducting a concurrent investigation with the Department of Justice, but rather an independent investigation of the Department of Justice."

So what’s the purpose of the operation then?  If the higher-ups were already known, what is the possible reason for doing this?  Then NY Post throws out a possibility:

Law-abiding gun owners and dealers think they already know. With the Obama administration wedded to the fiction that 90 percent of the guns Mexican cartels use originate here — they don’t — many suspect that "Fast and Furious" was a backdoor attempt to smear domestic gun aficionados as part of its stealth efforts on gun control by executive fiat.

"I just want you to know that we’re working on it," Obama was quoted as saying to gun-control advocate Sarah Brady in March. "We have to go through a few processes, but under the radar."

Unfortunately for the administration, this one’s out in the open now.

Now you may be saying, come on, isn’t that a little far fetched?  Not really.  This is an administration that talks out of both sides of their mouth so anything they’ve said in the past supporting gun rights has to be taken with a grain of salt.  And, you have to remember this is an administration that comes from the Chicago tradition of politics.   So combined with the DoJ stonewalling and refusal to turn over documents to Congress (you know, the “transparent administration), one has to suspect there may be some fire causing the smoke.

As Greyhawk says:

Maybe there’s a better answer – but I haven’t heard it yet. I can understand something like passing traceable funds/"marked bills" to suspects to help expose networks, and even temporarily allowing those suspects freedom of movement to facilitate that. But this – the transfer of weapons – is another matter entirely. Never ascribe to malice that which is adequately explained by incompetence is an axiom especially true of government work, but in this case it’s hard to imagine someone that incompetent. That’s obviously a factor, along with stupidity, ignorance, hubris and a host of other character flaws Americans can only tolerate to a certain extent in government officials (a vague line well crossed here) – but even all of those flaws combined fail to describe motive.

It think his point is well taken.  At the moment, it is the most plausible explanation given the facts we have.   With the fact that the names were known within the law enforcement community, it is up to the administration to explain why doing such a stupid thing.  And as Greyhawk mentions, it is hard just to write this off to incompetence, unless you believe in total incompetence and, in fact, stupidity, all up and down the line of those who would have to approve an operation like that.

So it’s up to the administration to explain this fiasco.  The “plausible” explanation is out there.  And right now it is as good an explanation as any.  If that’s the case, as Confederate Yankee explains, the consequences could be dire:

If it is confirmed that the worst suspicions are true—that the Obama Administration supplied weapons to narco-terrorists, in order to undermine U.S gun laws—there will not be a stonewall big enough for them to hide behind, and both impeachment and jail time must not be just possible, but probable for those involved. They are, after all, accessories before the fact who aided and abetted the murders of two U.S. federal agents, and an estimated 150 law enforcement officers and soldiers, and an unknown number of civilians, in Mexico.

We’ll see what the administration can come forward with a better one, but I think this scandal has the potential to really shake up this bunch and expose the DoJ for the travesty it has become.

~McQ

Twitter: @McQandO


Obama embraces his inner Bush

So how does the left feel about the 3rd term of George Bush – when it comes to prosecuting wars?

The Obama administration, which refuses to send terrorism suspects to the detention center at Guantanamo Bay Naval Base, on Wednesday defended its decision to interrogate a detainee for two months aboard a U.S. Navy ship, outside the reach of American law.

“He was detained lawfully, under the law of war, aboard a Navy ship until his transfer to the U.S. for prosecution,” presidential spokesman Jay Carney said.

Uh, wasn’t that the argument of the Bush administration?  Didn’t they say  that detaining unlawful combatants at Guantanamo was a lawful detention under the “law of war” (or similar words to that effect)?

After all, the only difference here is location.  One place is located on an island outside the US and the other is a ship located outside the US.  However, the very same thing happened in both locations – something Obama argued against most strenuously when but a mere candidate for office.

My, my … you mean George Bush might have been right about all this?  That it is indeed both legal and necessary?  How come we’re not being treated to the usual “Bush did it” this time?

Oh, and so much for Miranda rights, huh?

“Wherever possible, our first priority is and always has been to apprehend terrorism suspects and to preserve the opportunity to elicit the valuable intelligence that can help us protect the American people,”Mr. Carney said. He added that the International Committee of the Red Cross was allowed to visit the Navy vessel “and had an opportunity to interview the detainee aboard the ship.”

I’m sure the Red Cross was able to visit – after our boy had coughed up what he needed to cough up.  I love the expression of the “first priority” too.  To “preserve the opportunity to elicit the valuable intelligence that can help us protect the American people.”  But evil Bush – not so much huh?

Funny how the rules change when you get stuck with the responsibility of prosecuting a war and protecting the nation and everything is fine that you condemned previously.  Ignorance and hypocrisy are the operative terms here.

~McQ

Twitter: @McQandO


Just not good enough for their neighborhood (update–progress)

John Gonsalves, who runs one of the most awesome charities I know of, Homes for Our Troops, has a problem.  And its one that will make your blood boil.

Gonsalves and his folks build specially built homes for disabled war veterans who have special needs.  Such as SFC Sean Gittens.

Army SFC Sean Gittens was left paralyzed and unable to speak or communicate as a result of a battle related traumatic brain injury. Deployed for the third time in his career, SFC Gittens suffered multiple concussive traumas throughout his year-long deployment to Iraq from April 2007-April 2008. Upon returning home, suffering from headaches and other head-injury related symptoms, SFC Gittens suffered an aneurism in his brain and a subsequent stroke which left him with paralyzed and non-communicative. Treated at multiple hospitals, both military and civilian, SFC Gittens now receives care from trained medical personnel in his home.

Homes for Our Troops identified a place for the home they wanted to build SFC Gittens and his family and went to work getting buying the property and getting the necessary approvals.

Building on the 2700 square foot home was to begin this Friday. Homes for Our Troops purchased the land in December and preparations for building the home have been ongoing over the past month. These homes are a reflection of the gratitude of the community and are given mortgage free to the veterans once complete.

Homes for Our Troops received building permits for the project and has been working closely with the Knob Hill Board of Directors, making multiple changes to the plans for the home as requested. The written approval came from Knob Hill BOD President Rick Trump on June 2nd.

Everything is cool, no?

No.

Late last week, a lawyer for the HOA served the contractors on site with a cease and desist letter to stop the preparation of the build site. Facing strong opposition from the Property Owners Association, the Knob Hill Board of Directors and the Property Owners Association met again on June 20th, just four days before the planned kickoff of the home build. Homes for Our Troops was then notified that the house plans do not meet the Knob Hill standards and the original approval was thus rescinded. Homes for Our Troops has now been told that it must begin anew the entire approval process and that the house needs to be at least 3400 square feet and multi-level to even be considered.

"Shockingly, it appears that the Knob Hill community has decided it does not want to welcome SFC Gittens and his family, as we were previously told," said Homes for Our Troops Founder John Gonsalves. "Despite our working closely with the Knob Hill Property Owners Association over the past four months, we find ourselves in an untenable situation. We cannot afford to add 700 square feet to the house, particularly under our special adaptive plans. And our experience in building over 100 homes dictates that severely injured veterans need a specially adapted single level home. Frankly, this late action begun by the Knob Hill Property Owners means we must suspend working on the home. The Knob Hill Property Owners Association has now assured that SFC Gittens and his family will not be able to have the home they so desperately need. We have done everything in our power to try to resolve this situation, but it appears that the community is not willing to accept this home, and SFC Gittens and his family into the community."

According to Gonsalves, the Knob Hill neighborhood covenants state that the minimum size for a house in the subdivision is 2,700 sq ft (see Fox News clip).  He also points out that there are many 2,700 square foot homes in that subdivision.  And, as you might imagine, given that’s the minimum size the covenants allow, that is the size of the proposed Gittens home.   In other words, the Knob Hill Property Owners Association (Evans, GA) are not following their own covenants.  Gonsalves was told the home was “too small” and “didn’t fit in” to the surrounding neighborhood (with some homes as large as 5,000 sq. ft).

I’m sympathetic to property owners rights 99% of the time.  But this is that 1% where I’m totally against them.  And that’s because they’re attempting to void their own covenants and not abide by them. Remember, these are their PUBLISHED covenants.  These are the minimum standards they AGREED too when they built their homes in that subdivision.  It is the document they’d certainly use to legally enforce the standards therein if it was necessary.  But now they simply want to ignore the document and impose arbitrary new standards that simply don’t exist other than in their demands.

I think the Knob Hill Property Owners Association needs to rethink this entire thing, don’t you?  If you’d like to share your opinion concerning their denial of a disabled vet’s opportunity to live in a home that meets all the standards of their covenants you may want to drop them a line.

Please be polite and respectful, but feel free to make your feelings clear about their actions.  Also remember that, per Homes for Our Troops, not all the people living in that subdivision agree with the board’s decision.  The email address for the board is -  bod@knobhill.org

This is not how America should treat its disabled vets.

UPDATE: Just in (1:20 pm).

The president of the Knob Hill Property Owner’s Association says plans are moving forward for the construction of a home for Sgt. First Class Sean Gittens.

The homeowners association and Homes For Our Troops have been talking. A list of items Knob Hill requires is being provided to Homes For Our Troops.

Both organizations said they hope to make a joint announcement on Monday, June 27, in regards to moving forward with the plans.

Keep the pressure on, but please, be polite and respectful.

[HT: upinak]

 

~McQ

Twitter: McQandO


WI Supreme Court reinstates law limiting public union collective bargaining “rights”

At least for now:

Acting with unusual speed, the state Supreme Court on Tuesday ordered the reinstatement of Gov. Scott Walker’s controversial plan to end most collective bargaining for tens of thousands of public workers.

The court found that a committee of lawmakers was not subject to the state’s open meetings law, and so did not violate that law when it hastily approved the collective bargaining measure in March and made it possible for the Senate to take it up. In doing so, the Supreme Court overruled a Dane County judge who had halted the legislation, ending one challenge to the law even as new challenges are likely to emerge.

The changes on collective bargaining will take effect once Secretary of State Doug La Follette arranges for official publication of the stalled bill, and the high court said there was now nothing to preclude him from doing that.

This, however, is not the end to law suits against the bill, it’s just one case which has been settled that had stopped implementation of the law in its tracks.  In fact, this finding was more about how the lower court judge had exceeded her authority:

The court ruled that Dane County Circuit Judge Maryann Sumi’s ruling, which had held up implementation of the collective bargaining law, was in the void ab initio, Latin for invalid from the outset.

"The court’s decision …is not affected by the wisdom or lack thereof evidenced in the act," the majority wrote. "Choices about what laws represent wise public policy for the state of Wisconsin are not within the constitutional purview of the courts. The court’s task in the action for original jurisdiction that we have granted is limited to determining whether the Legislature employed a constitutionally violative process in the enactment of the act. We conclude that the Legislature did not violate the Wisconsin Constitution by the process it used."

The court concluded that Sumi exceeded her jurisdiction, "invaded" the Legislature’s constitutional powers and erred in halting the publication and implementation of the collective bargaining law.

So – the law must now be officially published for it to take effect and according to the court, there’s nothing standing in the way of that happening.

I wonder if we’ll be treated to another spectacle of teachers and the like throwing a collective tantrum.  Oh, wait, it’s summer – they’re on vacation.  With no works stoppage available to them to make their point, probably not.

~McQ

Twitter: @McQandO


Is ObamaCare doomed?

Ihe 11th Circuit Court of Appeals, based in Atlanta, opened its session examining the federal healthcare law recently passed by Congress and derisively known as ObamaCare with these words from its Chief Judge Joel Dubina:

"I can’t find any case like this," Dubina said. "If we uphold this, are there any limits" on the power of the federal government?

That was followed by:

Judge Stanley Marcus chimed in: "I can’t find any case" in the past, he said, where the courts upheld "telling a private person they are compelled to purchase a product in the open market…. Is there anything that suggests Congress can do this?"

Now frankly, I think some people expected a much more receptive audience among the judges since two of the three are Clinton appointees.  Dubina is a George H.W. Bush appointee. What both Dubina and Marcus make clear is this is a case – or at least certain aspects of it are – without precedence.

And we all know how federal justices rely on precedence to guide their rulings.  I’m encouraged by those opening remarks.  The third judge on the e judge panel repeatedly asked the lawyers about the possible effect of striking down the mandate while upholding the rest of the law.

The administration, represented by U.S. Solicitor Gen. Neal Katyal argued the following about the individual mandate:

Katyal argued that healthcare was unique and unlike the purchase of other products, like vegetables in a grocery store.
"You can walk out of this courtroom and be hit by a bus," he said, and if an ill or injured person has no insurance, a hospital and the taxpayers will have to pay the costs of his emergency care.

Katyal argued that Congress could reasonably decide that because everyone will probably need medical care at some time in their lives, everyone who can afford it should pay part of the cost. And he said the courts should uphold the law under Congress’ broad power to regulate commerce in this country.

Congress could clearly require that a person who shows up at a hospital without insurance buy it on the spot, he said, and requiring the purchase in advance should not be the decisive difference.

What, of course, is not reasonable is Congress deciding how one must “pay part of the cost” or compelling them to do so under the auspices of the government.  It is the individual’s responsibility to pay such debt as in all other areas of life.  But, argues the administration:

Parts of the overall law should still survive, said government lawyer Katyal, but he warned the judges they’d make a "deep, deep mistake" if the insurance requirement were found to be unconstitutional. He said Congress had the right to regulate what uninsured Americans must buy because they shift $43 billion each year in medical costs to other taxpayers.

So, the case boils down to $43 billion a year being the reason for a gigantic intrusion in the market by the government which claims it will do a better job of holding down costs via mandating coverage.  This is the same government which suffers $60 billion a year in Medicare and Medicaid fraud (I’d call that some serious “shift[ing]” of costs to other taxpayers, wouldn’t you?

Anyway, back to the story – POLITICO is the only news organization that seemed to find some hope for the administration:

The judges’ questions were mixed enough to give encouragement to both sides in the oral arguments in the multistate lawsuit, the most significant of the legal challenges against Obama’s health care overhaul.

But then, immediately said:

But supporters of the health law cringed as the judges spent a significant amount of time questioning both sides over how much of the law they would have to void if they struck down the most controversial provision at the center of the suit: the requirement to buy insurance.

And that brings us back to our old friend, “severability”:

“The government would obviously be somewhat troubled by the questions about severability, which is something that the court only reaches if it were to invalidate one of the provisions,” said Walter Dellinger, a former acting solicitor general who wrote a brief defending the law for Democratic members of Congress.

This particular case of the many pending is probably the highest profile case as it was brought by a collection of 26 states.

Regardless of how this turns out, however, I think it is pretty clear this one is headed to SCOTUS for final disposition.  However, the rulings of the judges involved will indeed be scrutinized by the justices in Washington DC when the time comes.   If they find against the administration, I think on has to consider such a ruling, if founded on good legal ground, may create the precedent that SCOTUS needs to follow suit and throw the individual mandate (and thus the law for all intents and purposes) out the window.

~McQ

Twitter: @McQandO


Obama’s soon-to-be illegal war–where’s the outrage?

I think we all know what would be the number one story today had we been this close to having this happen on the last president’s watch.

At issue: The 1973 War Powers Act, which says if the president does not get congressional authorization 60 days after military action, the mission must stop within 30 days.

The president formally notified Congress about the mission in Libya with a letter on March 21, which makes Friday the 60-day deadline.

See, here’s how this works … Congress makes the laws and the President signs them into being.  Everyone is obliged to follow them.  And that includes the President.  However, that’s not the case, or so it seems, with Libya.  Today is the last day of the 60 grace period for the President to get Congressional authorization and there has been no move to accomplish that.  Apparently the administration believes they’re above the law.

The irony, of course, is that it was Mr. Bush who was continually accused of waging an illegal war.  Yet it has been the last two Democratic presidents who are guilty of doing so:

But it is virtually unprecedented for a president to continue a mission beyond 60 days without a resolution from Congress.

"Make no mistake: Obama is breaking new ground, moving decisively beyond his predecessors," Yale law professors Bruce Ackerman and Oona Hathaway wrote this week in the Washington Post.

The only thing that comes close is President Clinton’s military effort in Kosovo.

He failed to get congressional approval before the 60-day deadline was up. His administration argued that Congress had effectively authorized the mission by approving money for it, and the Kosovo conflict lasted 78 days.

The Obama administration doesn’t have that option with Libya, because the Pentagon is using existing money. Congress never specifically funded the mission.

Now, the administration is trying to figure out what to do.

“Now?”  Now the administration is “trying to figure out what to do”?   And “what to do” is fairly straight forward – seek congressional approval for the continuation of the “kinetic event” or whatever it is we’re calling it this week, or stop our involvement.

Now.

More irony:

Rep. Brad Sherman, D-California, tells CNN he believes Obama is trying to "bring democracy to Libya while shredding the Constitution of the United States."

"He cannot continue what he is doing in Libya without congressional authorization. When a president defiantly violates the law, that really undercuts our efforts to urge other countries to have the rule of law," Sherman said.

Sen. Rand Paul, R-Kentucky, concurs.

"You could say, ‘Well, we have a good president, he’ll do the right thing.’ Well, someday you may have a president who does the wrong thing, and that’s why you have rules, because you can never count on people being good people," Paul told CNN.

Indeed.  The process and rules are only there for the little people I guess.  The President appears to believe he is above the law.

Finally, where’s the Congressional leadership on this?  Why isn’t Ms. Pelosi and Mr. Reid both banging the drum loudly and persistently while calling the president “incompetent” ?  After all, only an incompetent would just now be trying to figure out what to do, no?  And tomorrow will they declare the war “illegal” like it actually will be?

And where are McConnell and Boehner? 

Time to elevate this and get a little bit of a firestorm going boys.  If it were your side, you can trust that Pelosi and Reid wouldn’t be dawdling in their offices, they’d be attacking the lawlessness of the presidency.

Where are you, Congressional “leaders?”

~McQ

Twitter: @McQandO


More ObamaCare waivers an indication that it is bad law

There’s  a lot being written and said about the latest batch of ObamaCare waivers and the fact that many have gone to companies in Nancy Pelosi’s area.  And, of course, the agency granting them has claimed that Pelosi had absolutely no effect on them being granted.

Okay, that’s not the important point anyway.  Tim Pawlenty actually manages to stumble across it as he claims cronyism in their grant:

"I don’t blame people for trying to get out from underneath it — that it is an awful law," Pawlenty said. "But when you have that many needs for exemptions, it tells you that the law — it is a warning sign that the law is broken and doesn’t work."

Ya think?  You have about 26 or 27 states challenging the Constitutionality of the bill and its individual mandate.   You have hundreds, if not thousands of companies, agencies and businesses seeking waivers.  And obviously, there’s an organization in place to grant those waivers.  Imagine a job where you review and grant waivers to a law.  I don’t know about you, but that would tell me there must be something fundamentally wrong with it.

Pawlenty is also correct about his broader point – those without the ability to appeal for a waiver are stuck with paying the piper:

"Another example of really crony politics or crony capitalism, if you’ve got the right connections, the right lobbyists, the right interest group, you get your special deal, and the rest of us get our wallet out, and that’s in the tax code, it’s in earmarking, and now you see it in ObamaCare.”

Yes, exactly.  His larger point is absolutely correct.  Those without the connections do indeed end up having our wallets looted.  Cronyism is certainly alive and well and very prevalent not only in the treatment of ObamaCare, but in other areas as well.  Which brings up an ironic point – for the party of “fairness” this seems singularly unfair.  Yet Democrats aid and abet it – in fact, just like Republicans, they use this sort of process to gain favor with certain constituencies … at the expense of others.  And by expense, I’m including paying the bill too.

ObamaCare is an obviously wretched law.  What was supposed to be insurance reform ended up being a polyglot of government bureaucracy at a huge and unaffordable price.

Now we hear the House GOP members saying that repealing it is “hard”.  We hear candidates like Romney and Gingrich saying they agree with parts of it, like the individual mandate.  Cronyism is directly linked to power – it’s a give and take process that benefits politicians.  It comes as no surprise to me that both sides are engaged in it up to their necks.  The problem is it is unlikely to ever get fixed since it is the fox guarding the hen house and enjoying the job.

~McQ

Twitter: @McQandO


Stunning court decision in Indiana–Hoosiers have no right to resist illegal police entry into their home

No, you read it right.  That’s what the Indiana Supreme Court decided in what would be a laughable finding if it wasn’t so serious:

Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.

The author of the story reporting this is right – somehow the ISC managed, in one fell swoop, to overturn almost 900 years of precedent, going back to the Magna Carta.

In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer’s entry. [emphasis mine]

Or said another way, your home is no longer your castle. 

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Bzzzzzt.

Wrong – in Indiana

"We believe … a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," David said. "We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest."

David said a person arrested following an unlawful entry by police still can be released on bail and has plenty of opportunities to protest the illegal entry through the court system.

What part of “unlawful” doesn’t Justice David understand?  What part of the right of the people to “be secure… shall not be violated” wasn’t taught to him in law school.

How secure is anyone in their “persons, houses, papers and effects” if, per David, a police officer can waltz in any home he wants to “for any reason or no reason at all?”

The given reason by the so-called Justice is resistance is “against public policy?”  What freakin’ policy is that?  I , for whatever reason, thought our public policy as regards our homes was set by the 4th amendment to the Constitution.  Since when does Indiana’s “public policy” abrogate the Constitutional right to be “secure in our persons, houses, papers and effects”?

And, from where I sit, it is the job of the police not to “escalate the level of violence”, not the homeowner.  You know, like maybe a polite knock on a door to attempt arrest instead of a battering ram and the violent entry of a full SWAT team to arrest a jaywalker.  Maybe a little pre-raid intelligence gathering, or snagging the alleged perp when he leaves the house to go to work, or walk the dog, or go to the store.

I swear, this sort of thing lights a fast fuse in me.

Now we’re to give up our rights because it might “elevate the violence” if we attempt to protect ourselves from unlawful activity.   And check out this pinhead’s “analysis”:

Professor Ivan Bodensteiner, of Valparaiso University School of Law, said the court’s decision is consistent with the idea of preventing violence.

"It’s not surprising that they would say there’s no right to beat the hell out of the officer," Bodensteiner said. "(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."

So we’ll just throw out your 4th amendment right to satisfy the court’s desire to “prevent violence?”

Screw you Justice David (and the other two Justices) and the horse you rode in on. 

I hope your decision is destroyed on appeal and if you’re in an elected office you become very “insecure” in your probability of staying there.

The two dissenting Justices got it mostly right:

Justice Robert Rucker, a Gary native, and Justice Brent Dickson, a Hobart native, dissented from the ruling, saying the court’s decision runs afoul of the Fourth Amendment of the U.S. Constitution.

"In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally — that is, without the necessity of a warrant, consent or exigent circumstances," Rucker said. "I disagree."

Rucker and Dickson suggested if the court had limited its permission for police entry to domestic violence situations they would have supported the ruling.

But Dickson said, "The wholesale abrogation of the historic right of a person to reasonably resist unlawful police entry into his dwelling is unwarranted and unnecessarily broad."

I say mostly right because they indicated that in the case of domestic violence, they too were willing to throw the 4th amendment under the bus. 

How in the freakin’ hell can you say “it runs afoul of the Fourth Amendment” and then agree to a partial abrogation of the 4th under certain circumstances?

Oh, and just to point out that this likely isn’t an outlier for this crew:

This is the second major Indiana Supreme Court ruling this week involving police entry into a home.

On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge’s permission to enter without knocking.

Because, you know, it would be just asking too much to have to have the police actually justify a no-knock entrance to a judge, wouldn’t it?

Amazing.

And you wonder why you have to protect your rights daily from attacks within?

~McQ

Twitter: @McQandO

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