Executive and regulatory over reach, aka trashing the Constitution? Even Lawrence Tribe has problems with the Obama agenda:
As President Obama forges ahead in his fight against climate change, a leading Harvard Law School scholar says a central piece of the president’s strategy is akin to “burning the Constitution” merely to advance an environmental agenda.
In testimony before the House Energy and Commerce Committee on Tuesday, Harvard constitutional law professor Laurence H. Tribe said the Environmental Protection Agency’s plan to limit greenhouse gas emissions from U.S. power plants is built on a shaky legal foundation. The proposal, Mr. Tribe argues, far exceeds EPA’s authority under federal law and strikes a blow to the 10th Amendment by essentially making states subservient to Washington on energy and environmental matters.
Mr. Tribe’s testimony — with which other legal scholars strongly disagreed during Tuesday’s hearing — comes about a month before the D.C. Circuit Court of Appeals will hear arguments in a case that challenges EPA’s so-called “Clean Power Plan,” which would limit pollution from both new and existing power plants and is designed to reduce coal use across the country.
“EPA’s proposal raises grave constitutional questions, exceeds EPA’s statutory authority and violates the Clean Air Act,” said Mr. Tribe, who has argued before the Supreme Court dozens of times and represented Al Gore in the case that ultimately decided the 2000 presidential election.
“EPA is attempting an unconstitutional trifecta — usurping the prerogatives of the states, the Congress and the federal courts all at once,” he continued. “Burning the Constitution of the United States … cannot be a part of our national energy policy.”
On CNN this morning, White House aide David Simas avoided congratulating Prime Minister Benjamin Netanyahu on the Israeli elections. Instead, he would only congratulate the Israeli people on having an election.
“We want to congratulate the Israeli people for the democratic process for the election that they just engaged in with all the parties that engaged in that election. As you know now, the hard work of coalition building begins. Sometimes that takes a couple of weeks. And we’re going to give space to the formation of that coalition government and we’re not going to weigh in one way or another except to say that the United States and Israel have a historic and close relationship and that will continue going forward,” Simas said.
Hillary Clinton continues to be a dominant force heading into the 2016 presidential election, according to a new CNN/ORC poll. The former secretary of state maintains a broad lead over the field of potential Democratic challengers she could face in a nomination contest and sizable advantages over the leading contenders from the Republican side in general election match-ups.
On this week’s podcast we discuss many things. It’s on the Podcast page.
It’s up at the Podcast Page. We learned this week that elderly ladies are surprisingly competent at email gateway administration.
Yes, today I’m going to talk about Hillary Clinton, who does indeed feel entitled and also seems to believe that the law is only for “the little people”. There are others who feel entitled to the presidency (on both sides) that I don’t want anywhere near it as well, but this is one person who would essentially be an Obama third term if she were to win … and her actions prove that.
Right now we have a man in the Oval Office who is, frankly, a scofflaw. If a law is inconvenient, he simply ignores it, or issues his own in the guise of an executive action or, working through his “executive agencies” sees that unelected bureaucrats produce regulations that do his will, all without Congress. Or oversight. Or the Constitution for that matter.
Now we have a contender for his position who has demonstrated the same sort of inclination to ignore the rules and laws that are designed to keep our elected and government officials on the straight and narrow and provide a vital record of their doings.
Hillary Clinton, did, with malice aforethought, conspire to work around the law and the rules that required her to do government business on a government email account. There’s no disputing this. The email server is in her home. It was set up prior to her becoming Secretary of State. And we know, thanks to a hacker, that she received highly sensitive emails from various cronies and State Department personnel on that account. An account that wasn’t at all secure enough for such traffic (that point made obvious by the hack).
Just last week, the Washington Post shocked the public with the news that the Clinton Foundation had “accepted millions of dollars from seven foreign governments” during Hillary’s “tenure as secretary of state, including one donation that violated its ethics agreement with the Obama administration.” In and of themselves, these gifts were highly abnormal.
But, as Charles Cooke continues:
“Rarely, if ever,” the Post noted drily, “has a potential commander in chief been so closely associated with an organization that has solicited financial support from foreign governments.” But the infringement is made even worse when one acknowledges that these donations were never so much as reviewed for eligibility by the powers that be within the State Department. There really is no other way of putting it than to record bluntly that, while she was secretary of state, Hillary Clinton was making private deals with foreign governments via private e-mail, and then declining to request the requisite approval from the U.S. government.
So, let’s see if we have this straight. Private email account, knowingly refusing to use the government one, and soliciting foreign governments for donations while Secretary of State?
That’s definitely, at a minimum unethical and an abuse of office. So who does she think she is?
Cooke answers that:
The answer to that question is as it ever was: She is Hillary Clinton, and she believes, with some justification, that she will get away with anything and everything she tries. “Why,” supporters grumble, “knowing full well how effective the charge of elitism can be during a presidential campaign, does she continue to take $300,000 per speech?” Answer: Because she’s Hillary Clinton. “Why,” others inquire, “when tempers are still hot and nerves are still frayed, does she continue to take money from the outfits that are widely blamed for the financial crisis of 2008?” Answer: Because she’s Hillary Clinton. “How could she possibly believe that her ex-president husband’s temporary inability to buy a multi-million-dollar house rendered her ‘dead broke’”? Because she’s Hillary Clinton, and she has a sense of entitlement that would make Imelda Marcos blush. And so, having been championed and overpraised for years, lionized more for her immutable characteristics than for any concrete achievements, and allowed to pretend that her few successes have been the product of her own ability and not her husband’s uncommon political talent, Clinton has of late fallen disastrously deep into the professional celebrity’s most pernicious trap: She has begun to believe her own hype. How long can it be before her fellow disciples begin to lose faith in more than just the small hours of the night?
Supreme arrogance, and a willingness to take a chance that this will all come to nothing. After all, we’re talking about the era of politics and government where no one is really held accountable for anything. The smartest woman in the world probably also figured we’d never put two and two together (i.e. private email, foreign donations). And if we did? Heh … they tried that out yesterday and it failed miserably:
The strongest argument in favor of this behavior — legally, at least — is that Clinton is a clueless, confused, and out-of-touch old woman who struggles to grasp basic technological concepts, and that she therefore had not the first idea what was expected of her. In the immediate aftermath, this was the first defense offered. It’s “worth remembering,” a former Clinton administration staffer assured me quickly on Twitter, “that Hillary didn’t have email until she was in her forties. She was clueless.” “I just mean,” he added, desperately, that “she’s no dummy — except possibly with computers — where she kinda is.”
Bulltacos. There have been countless stories and battles over the use of official emails that this is a complete non-starter. As Cooke notes, it’s “desperate”. This wasn’t some technodunce-granny completely befuddled by this new age. This was a deliberate and calculated attempt to circumvent the system:
Digging a little into the story today, Business Insider’s Hunter Walker recorded today that Clinton did not so much inadvertently continue to use her previous account as she had her team build and configure an alternative system over which she had full and unadulterated control.
Exactly. And now, she should pay the price.
If anyone can find it in themselves to hold people like Hillary Clinton accountable for her misdeeds.
I certainly have no qualms about doing it. At a minimum, she should be shamed, shunned and dismissed from public life. She’s demonstrated she isn’t fit to hold the highest office in the land. And we certainly don’t need and probably couldn’t survive an Obama 3rd term anyway.
There’s a lot to talk about as we begin this week.
First and foremost, I wanted to note that Word Press found something I wrote in my EPA post to be unpublishable. Try it with the first sentence, nothing. Take out the first sentence and it published. But that was discovered after a long session of trying to figure out if it was a computer problems, internet problem … etc. Here’s hoping this publishes.
Saw an article that said Hillary was looking for a slogan for her run for the presidency. I have a great one: “No more Clintons”. I’d apply the same slogan to the Bush campaign: “No more Bushes”. And Romney … etc. I’m becoming convinced we could leave the office vacant and probably do better. Especially when you consider those who want the job.
If you’re wondering what I thought of the John Kerry/James Taylor attempt at diplomacy last week, I thought is was pathetic and embarrassing. It was like the diplomatic equivalent of the ObamaCare website rollout.
I am thoroughly enjoying the left’s melt-down over the success of Clint Eastwood’s film “American Sniper”. Here’s a typical bit:
But Academy members seem to be paying attention to the criticism that Eastwood and star/producer Bradley Cooper shouldn’t be celebrating a man who wrote that killing hundreds of Iraqis was “fun.”
“He seems like he may be a sociopath,” one Academy member told TheWrap, adding he had not yet seen the film but had read the article, which is being passed around.
“He seems to be a sociopath, uh, but I haven’t seen the film yet …I did read an article however”.
And that made it into the critique of the film because it used a word that apparently found favor with the author – “sociopath”. Because this academy member knows all about sniper operations and how they’re used in warfare and somehow soundly concludes that the guy must be a sociopath. Gee, I wonder what he thinks about, oh, I don’t know, regular infantry guys in the Army and Marine Corps? Would it be too much of a stretch to think he might hold the same thoughts about them?
And the Yahoo who ate Detroit, Michael Moore, felt it necessary to “weigh” in:
Michael Moore, an Oscar voter and former Academy governor from the Documentary Branch, tweeted an anti-sniper comment on Sunday — “My uncle killed by sniper in WW2. We were taught snipers were cowards … Snipers aren’t heroes … ” — but said it wasn’t about “American Sniper.”
Of course its not about “American Sniper” … just a gratuitous out-of-the-blue cowardly shot. What pisses Moore and the other off is you people out in flyover land are making “American Sniper” a box-office success.
And by the way, Michael … why are all the Oscar nominees white?
Yeah, that’s right … that’s the latest Hollywood scandal to rock Tinsel-town these days. Apparently it’s not the perfection of your craft that’s important but the mix of skin color. I wonder if anyone would have said anything if there were no whites nominated? My guess is, “no”.
Finally to Jane Fonda – sorry what you did wasn’t a “huge, huge mistake” anymore than what John Kerry did was a mistake. It was a carefully thought out and pursued strategy that has made you wildly unpopular and despised by a very respected community – veterans. So trying to rewrite history isn’t going to work:
“It hurts me and it will to my grave that I made a huge, huge mistake that made a lot of people think I was against the soldiers. … This famous person goes and does something that looks like I’m against the troops, which wasn’t true, but it looked that way, and I’m a convenient target. So I understand.”
No, you don’t understand … you apparently don’t understand at all. You were against the troops and made it known by your actions. But like much of the left, after a despicable and reprehensible act you think all you have to do is give some sort of apology and all is right with the world. Uh, no.
Short one today (Hagel is gone … meh, no surprise), but so indicative of the leftists we’re most familiar with – in this case Hillary Clinton:
While speaking at a swanky event Friday night in New York City, Hillary Clinton speculated about the immigration status of the people serving food and beverages at the gala.
“This is about people’s lives, people, I would venture to guess, who served us tonight.”
Ah, the “little people.” The people there to serve her highness and her ilk (and to fall in line and vote properly, of course). Can’t have a plantation without a few slaves.
What do you say about something like that? Amazingly disconnected. Absurdly condescending. And, of course, a slap in the face of all those who played by the rules and did it within the law.
But she wants to be your chief law enforcer if you’ll just vote for her.
Please savor the irony of them sticking their heads in the sand to demonstrate their own ignorance, while thinking they are supporting the leftist climate agenda.
Next, Hillary Clinton apparently has worn out her welcome in Iowa, and there continue to be questions about her health.
Oh, sorry, wrong picture. Let me try again.
Yeah, this whole “Hillary is inevitable” thing probably has a sell-by date of about February 1, 2016. Or sooner.
Finally, a feminist sets a world record for demonstrating her own insecurities, all because of this shirt.
Included in this spectacular effort: envy of other women’s bodies, intelligence envy, sexual self-doubt, actual accomplishment envy, imaginary bad motives in her critics, pleasure at causing pain in others, and neediness for attention.
Most notable results of this harpy’s bloviating: 1. The guy in question cried during an apology, making this bint look like a bully and 2. the shirt is sold out. So trying to shame one guy into not wearing it causes a whole bunch of other guys to wear it just to piss off feminists. In other words, about the same results that leftist collectivism usually obtains.
Hope you’ve all had a great weekend.
*** Update 17 Nov 2014 10:30 AM ***
This week, Bruce, Michael, and Dale talk about Ukraine, the Bundy case in Nevada, and the increasing arbitrariness of the Federal government.
The podcast can be found on Stitcher here. Please remember the feed may take a couple of hours to update after this is first posted.
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And coming to a presidential race near you soon:
“Hillary’s Hit List: The Clintons keep a favor file of saints and sinners, according to this excerpt from ‘HRC: State Secrets and the Rebirth of Hillary Clinton,'” out Feb. 11 from Crown, by POLITICO’s Jonathan Allen and The Hill’s Amie Parnes: “There was a special circle of Clinton hell reserved for people who had endorsed Obama or stayed on the fence after Bill and Hillary had raised money for them, appointed them to a political post or written a recommendation to ice their kid’s application to an elite school. On one early draft of the hit list [a post-campaign spreadsheet], each Democratic member of Congress was assigned a numerical grade from 1 to 7, with the most helpful to Hillary earning 1s and the most treacherous drawing 7s. The set of 7s included Sens. John Kerry (D-Mass.), Jay Rockefeller (D-W.Va.), Bob Casey (D-Pa.) and Patrick Leahy (D-Vt.), as well as Reps. Chris Van Hollen (D-Md.), Baron Hill (D-Ind.) and Rob Andrews (D-N.J.). …
“For Hillary, … the spreadsheet was a necessity of modern political warfare, an improvement on what old-school politicians called a “favor file.” It meant that when asks rolled in, she and Bill would have at their fingertips all the information needed to make a quick decision-including extenuating, mitigating and amplifying factors-so that friends could be rewarded and enemies punished.”
Now, Bill and Hill aren’t the first to do this nor will they be the last, but they certainly are an indicator of how awful our politics have become. It is a patronage system which has little at all to do with duty, service or honor and a lot to do with grabbing power and exercising it for the benefit of the politician and the politician’s cronies. The money, time and effort that typically goes into keeping up with this sort of thing is rather interesting in and of itself. Another indicator of the pettiness of politicians and their desire for retributive “justice”.
Of course money is no longer a problem to the former Governor and First Lady of Arkansas. Bill, who wrote off his underwear for tax purposes is now a multi-millionaire. Who says politics doesn’t pay off? And, so is his wife. So they’ve had both the time and money to put together an organization which will be pretty formidable in 2016.
As for the enemies on the Democratic side, well, it will be interesting to see how that plays out, won’t it? Especially if the “enemies” are situated in a strategic area that Hill needs and isn’t doing that well in. Bet that “numerical grade” goes up a bit in situations like that, huh? Bill Clinton is Mr. Pragmatism himself. Hill, yeah, not so much I think – not when it comes to “enemies”.
Anyway, I got a chuckle out of the list. Kerry just can’t win can he?
Camille Paglia is someone I disagree with at times but have always found to be, for the most part, refreshingly honest. I like to read her thoughts on current affairs (don’t really care much about the cultural side of it all) and this week, in an interview in Salon, she answered a couple of questions that I think are worth discussing.
Two words: Anthony Weiner. Your thoughts?
Two words: pathetic dork. How sickeningly debased our politics have become that this jabbering cartoon weasel could be taken seriously for a second as a candidate for mayor of New York. But beyond that, I have been amazed by the almost total absence of psychological critique in news analyses of the silly Weiner saga. For heaven’s sake, Weiner is no randy stud with a sophisticated sex life that we need to respect. The compulsion to exhibit and boast about one’s penis is embarrassingly infantile — the obvious residue of some squalid family psychodrama in childhood that is now being replayed in public.
I assumed at first that Huma Abedin stayed married to Weiner out of noble concern for her unborn child, who deserved a father. But her subsequent behavior as Weiner’s defender and enabler has made me lose respect for her. The Weiners should be permanently bundled off to the luxe Elba of Oscar de la Renta’s villa in the Dominican Republic. I’m sure that Hillary (Huma’s capo) can arrange that.
Her first point is the most important – how debased have our politics have become? Look at the circus we deal with on a seeming daily basis. Look at the people we attract. And consider the fact that Anthony Weiner actually figured he had a legitimate shot at being elected.
Look at this idiot mayor in San Diego. He just can’t imagine why he should shuffle off the stage. There are any number of others that need to take the hint as well.
It’s not just a problem on the left. It is a problem on both sides of the isle. As we have said many times here, we are extraordinarily ill served by our political class today… at all levels and from both parties. And it is we who we have to blame for that problem. The fact that Weiner was indeed taken seriously until his latest nonsense was revealed is the point. Elliot Spitzer is another example. The fact that neither demonstrated any character or integrity previously should tell us we don’t need them anywhere near public office. Yet somehow they get signals that they have a chance at a second try. What those signals are I haven’t a clue, but whatever they are, we need to quit sending them pronto.
Any hopes, fears or predictions for the presidential elections in 2016?
As a registered Democrat, I am praying for a credible presidential candidate to emerge from the younger tier of politicians in their late 40s. A governor with executive experience would be ideal. It’s time to put my baby-boom generation out to pasture! We’ve had our day and managed to muck up a hell of a lot. It remains baffling how anyone would think that Hillary Clinton (born the same year as me) is our party’s best chance. She has more sooty baggage than a 90-car freight train. And what exactly has she ever accomplished — beyond bullishly covering for her philandering husband? She’s certainly busy, busy and ever on the move — with the tunnel-vision workaholism of someone trying to blot out uncomfortable private thoughts.
I for one think it was a very big deal that our ambassador was murdered in Benghazi. In saying “I take responsibility” for it as secretary of state, Hillary should have resigned immediately. The weak response by the Obama administration to that tragedy has given a huge opening to Republicans in the next presidential election. The impression has been amply given that Benghazi was treated as a public relations matter to massage rather than as the major and outrageous attack on the U.S. that it was.
Throughout history, ambassadors have always been symbolic incarnations of the sovereignty of their nations and the dignity of their leaders. It’s even a key motif in “King Lear.” As far as I’m concerned, Hillary disqualified herself for the presidency in that fist-pounding moment at a congressional hearing when she said, “What difference does it make what we knew and when we knew it, Senator?” Democrats have got to shake off the Clinton albatross and find new blood. The escalating instability not just in Egypt but throughout the Mideast is very ominous. There is a clash of cultures brewing in the world that may take a century or more to resolve — and there is no guarantee that the secular West will win.
She nails Hillary and Benghazi on the head. I couldn’t agree any more with her assessment of that particular situation and the response from Clinton and the administration.
Note too that Paglia’s candidate isn’t another senator. She too has had enough of that brand of clueless fools that have no executive experience (although Clinton can claim exec experience with the Dept. of State, as far as I’m concerned she made a dog’s breakfast of her time there). Hopefully the rest of the country is just as tired of it as Paglia is.