Federal Legislative Criteria

This is a idea I’ve been kicking around for a while. Has anyone here ever asked his or her Congressman or Senators what criteria they rely on when they write a bill, co-sponsor a bill or vote on a bill? If you’ve ever read a House or Senate bill, particularly one of the uber-long and complicated ones like The Affordable Care Act or Dodd-Frank, you’ve probably wondered if there are any criteria at all, other than to make it so long and complicated that no one will or can read it. I’ll bet, without a great deal of effort, we here at B4V can come up with a comprehensive list of criteria that we could forward to Congress in the form of an open letter.

Number one, IMO, would be, what is the goal of the legislation, and is the means to achieve that goal allowed by the Constitution?

Second: do the projected benefits outweigh the projected costs? (ie. can we afford it?)

Third: Has the issue been addressed before, and, if so, what was faulty about previous legislation that prevented it from solving the problem? IOW, is it a new idea, or has it been tried before?

Fourth: will the proposed legislation duplicate any existing program/s (think the dozens of federal jobs and job training programs currently in existence)?

Fifth: is there a sunset provision in the bill in the event that (a) it doesn’t achieve the stated goal, or (b) it does achieve the stated goal?

Well, I think you get the idea. Everyone feel free to chip in. I have a feeling we can come up with a very long list, most of which will come as a complete and utter surprise to our lawmakers.

A Couple Months Too Late, But People are Waking Up…

From Pew via Hot Air:

As Barack Obama begins his second term in office, trust in the federal government remains mired near a historic low, while frustration with government remains high. And for the first time, a majority of the public says that the federal government threatens their personal rights and freedoms.

The latest national survey by the Pew Research Center for the People & the Press, conducted Jan. 9-13 among 1,502 adults, finds that 53% think that the federal government threatens their own personal rights and freedoms while 43% disagree…

Perhaps it took the way Obama has become increasingly arrogant since re-election to get people to understand what is going on?  I don’t know of a re-elected President who went with more of a “my way or the highway” attitude upon being re-elected.  The general run of things is at least some sort of attempt to bridge the partisan divide and extend some sort of olive branch to the defeated…all we’ve got from Obama is demands that GOPers cave in, and, also, accept blame for everything that is going wrong.  Not exactly the way to appeal to us…

For the longer term, this poll encourages me greatly in thinking that our future battles should be fought out over personal liberty – even if it means we have to engage in tactical retreats on some issues.  If our strategy is to restore America then key must be re-energizing the spirit of ’76…that one-time ardent American desire to just live free or die.  It is the basis for reducing the size of government, creating a genuinely free economic market and, of course, allow us in our localities to run our own affairs without let or hindrance from the federal government.  This is not necessarily the time to emphasize what we are against but, instead, to emphasize our commitment to personal liberty…after all, if we believe that freedom is best and that our ideas are true (and I answer “yes” to both) then we must believe that if given a genuinely free and fair debate – impossible under current, tyrannical conditions – people will come over to our side.  That is, people will come to understand that freedom really is the freedom to choose to do the right thing – and that, in the end, wins for us all down the line.

But, meanwhile, we’ve got a government more and more out of control – remember, we have a Raisin Administrative Committee – and ever more determined to curtail our rights.  Unless all of us who believe in freedom unite – and that includes uniting with people who have widely divergent views – then we’re doomed.

The Second Amendment

Guns

The 2nd Amendment to the U.S. Constitution:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

There is one irrefutable fact, supported by contemporary writings of a number of the Founders: the 2nd amendment was written to enable the individual people of this nation, as a last resort, to overthrow a tyrannical government. Self-protection, hunting and shooting were well received by-products; however the original intent has never changed. The Founders themselves armed for war with smooth bore muskets, which at four shots per minute, were the commonly issued assault rifles of their day.

Contemporary rifled bore flintlock rifles, while having more far range in the hands of elite marksman only fired one shot per minute, and some took far longer to load. Hand grenades had been in military use in the United Kingdom as early as the Battle of Holt Bridge in 1643, and had been in widespread use for 100 years. Artillery, from swivel guns to cannon, howitzers, and mortars, were in common use and owed by private citizens and communities.

Warships, the most powerful weapons of the day, were often privately owned; in fact, the eight frigates of the Continental Navy performed pitifully, and were all sunk by 1781. The only real naval successes enjoyed by the rebellious Americans were from privateers, who made the best of the 1,697 letters of marque issued by Congress. (1)

This posting will cover the original intent of the second amendment as well as an introduction to a few of the many legislative attempts to place limitations on it. This document relies on vetted on-line information, books, and other available materials from institutes of higher education. Credit will be given to the best of the ability of this writer. Spelling will contain the spelling of the time of publication. I can only hope this post can lead to further discussion of the subject matter. Continue reading →

Term Limits Back in the Public Square

It came and then it faded away – mostly because a court decision absurdly ruled that the States cannot limit their federal office holders terms.  But the American people do seem to want it – according to Gallup, 75% of Americans want term limits on members of Congress.  This is broadly supported by Democrats, Republicans and Independents and all age groups are in favor.  Gallup didn’t break it down by ethnicity, but I doubt the measurements would come out much different if they had.

Term limits are, in my view, a vital aspect of ensuring that government is responsive to the will of the people.  To arguments that we need experienced legislators I answer:  like the ones we have now?  To arguments that staff will take control if legislators are rapidly overturned I answer:  why in heck do we even have large staffs for each legislator?  They are supposed to be writing the laws (and these days we know they don’t even read them before they vote on them…seems like the staffs are already in control in our non-term limited legislature).  Three terms for House members, two terms for Senators, that is my ideal.  If I thought I could get it in there, I’d also forbid sitting office holders from seeking a different office until at least two years after they left office.  We’re not supposed to have a professional, political class but, instead, have citizen legislators who serve for a time and then go back home to live under the laws they wrote (no elected official should have a pension, nor should they have their health care provided by government…they are there to serve, darn it!).

There is a mood to change things for real in America – and whomever taps in to it first and best will win everything.

 

Is it Time for a Left/Right Alliance?

The other day Legal Insurrection had a post about a meeting – pleasant and mutually enriching – between TEA Party and MoveOn activists.  Today, Pajamas Media had an announcement from the Hacktivist group, Anonymous:

…“Obama has been working hard to try and ban semi-automatic weapons and shotguns while at the same time increasing the weapons and firepower that police and government agencies have. Within minutes of the Connecticut shooting, politicians were on the state run media saying it was time to get rid of the guns and they will be talking about it for weeks to come,” Anonymous wrote on its blog. “The Obama administration and his government funded media have been promoting this idea for months. Every time there is a shooting performed by a crazy person the media talks about it non-stop for weeks or months. But when there is an illegal or unlawful shooting by police that does not fit Obama’s agenda the story is barely mentioned.”

Anonymous notes that not only do police shootings barely get any attention, but cases where slaying are committed without guns or where guns are used to save lives also fly under the radar.

“Mr. Obama the 2nd amendment of the US Constitution does not talk about an army, that is covered elsewhere in the constitution. It does talk about a well regulated militia which is made of civilians with their own weapons. The second amendment of the US Constitution does not talk about protecting government or government resources, but it does talk about being necessary for the security of a free state. The second amendment of the US constitution does not say a single word about hunting or sport. But it does say ‘The peoples right to keep and bear arms shall not be infringed’.”…

To be sure, be wary!  Gentle as lambs but wise as serpents, as one bit of wisdom commanded.  The left is, in its leadership, made up of junior-league Leninists who crave control because they honestly believe they are smarter than the rest of us and have an innate right to command.  But, still, this is interesting – I haven’t seen any better exposition of the 2nd Amendment from right wing groups since the Newtown Massacre.

Clearly, there is something going on here which doesn’t fit the narrative.  The goal of those who are wrecking our nation is to keep us all divided – as I’ve said before, I say the Lord’s Prayer in the same pew as a black man, but because of the narrative he and I are supposed to mistrust each other and each turn to government to protect us from each other.  There could be a growing separation between the leadership of the left and the rank and file, just as we rank and file GOPers/conservatives/libertarians are increasingly alienated from those who allegedly lead us.  While the left and right will never agree on most things, we might all agree on this, at least:  that individual liberty, at this moment, trumps all and we’d better ensure we’ve got that.  Once we’ve got our liberty secured, we can set about each other for all we’re worth as we determine relative trivialities like tax rates and spending levels.

It is something to weigh in our minds.

 

The General Welfare Clause

The “General Welfare” clause
Article I, Section 8 of the Constitution
The 10th Amendment to the Constitution

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
– Preamble to the U.S. Constitution.

This posting covers many areas spanning from the original institution through the beginning of the subversion of the US Constitution and the Bill of Rights. This document relies on vetted on-line information, books, and other available materials from institutes of higher education. Credit will be given to the best of the ability of this writer. Spelling will contain the spelling of the time of publication. I can only hope this post can lead to further discussion of the subject matter.

Article 1 [Legislative Branch] Section 8 [Powers of Congress] of the US Constitution defines what the enumerated duties of the Federal Government are while Amendment 10 [ratified December 15, 1791], which is also known as the States’ Rights Amendment, reinforces what is inside and outside the purview of the Federal government. The Constitution was written and ratified to both authorize and limit the powers of the Federal government listing those enumerated duties which, in part, were reaffirmed with the Tenth amendment of the Bill of Rights two years later.

Renderings of the exact enumerated duties are commonplace in the age of the internet; however, this post will look at what the men who wrote the Constitution had to say about the Constitution in general and the “general welfare clause” in particular. James Madison, the father of the Constitution, said, “If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one …” Madison also said, “With respect to the two words “general welfare,” I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.” Reiterating, Thomas Jefferson said, “Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.”

Reaffirmation comes as part of the Bill of Rights, and in particular, the 10th Amendment which embodies the general principles of Federalism in a republican form of government. The Constitution specifies the parameters of authority that may be exercised by the three branches of the federal government: executive, legislative, and judicial while the Tenth Amendment reserves to the states all powers that are not granted to the federal government by the Constitution, except for those powers that states are constitutionally forbidden from exercising.

With consideration that the Framers were wary of a centralized government, they created a novel system of mixed sovereignty between duties of the national (Federal) government and those of the States. Noted in The Federalist No. 39, the new government was “in strictness, neither a national nor a federal Constitution, but a composition of both.” Critical to this system was the enumerated federal powers, which allows the federal government to operate only within defined areas where the States individually could not. Federalist No. 33 states that a congressional act beyond its enumerated powers is “merely [an] act of usurpation” which “deserves to be treated as such.” Additionally, in Federalist No. 45, Madison explained: “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”

Governments control people–constitutions control governments

Continue reading →

With a Measure of Disgust…

Oath of Office
“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.” -Oath of office for Congress.

Just words– without one iota of consideration as to what those words mean.

I’m just getting more and more nauseated every time I think of this whole damned bunch of traitors, liars, opportunists, and career criminals.

I’ve lost every iota of optimism and faith in government.

They are no longer public servants, placed in a position of trust.

They–the lot of them– are self-serving, egotistical leeches who are in it for no one but themselves.

The inmates have taken over the asylum.

God have mercy on our nation, and please, drain the swamp, once and for all.

I’m so disgusted.

When the Law Becomes Tyrannical

Mark Steyn writes up the story of David Gregory illegally waving a 10-round magazine under the nose of the NRA President and, in pointing out the rationale for arresting Gregory, hits a sore point I have these days:

…To Howard Kurtz & Co., it’s “obvious” that Gregory didn’t intend to commit a crime. But, in a land choked with laws, “obviousness” is one of the first casualties — and “obviously” innocent citizens have their “obviously” well-intentioned actions criminalized every minute of the day. Not far away from David Gregory, across the Virginia border, eleven-year-old Skylar Capo made the mistake of rescuing a woodpecker from the jaws of a cat and nursing him back to health for a couple of days. For her pains, a federal Fish & Wildlife gauleiter accompanied by state troopers descended on her house, charged her with illegal transportation of a protected species, issued her a $535 fine, and made her cry. Why is it so “obvious” that David Gregory deserves to be treated more leniently than a sixth grader? Because he’s got a TV show and she hasn’t?…

We have so many law these days – local, State and federal – that is almost a certainty that each of us, at one point or another, is in violation of one or more.  Steyn lists more examples of this and points out that when laws become capricious – such as when a little girl can be fined $535 for doing what little girls will always do – then we are no longer living in a nation ruled by law, but a nation ruled by tyranny.  Remember, there’s no way they can actually arrest all of us but the laws are so numerous that we’re all going to violate at least one of them at some point…so whether or not any one of us will be punished for our transgression really rests upon the whim of police and prosecutor.  Tick off a cop and he might haul you in on some bizarre charge; get a prosecutor with a burr up his rear and you might find the full weight of the law directed against you…or, you might not.  All depends.  And since it depends not on what you do but on what the authorities decide, you are living under tyranny.

And another aspect of tyranny is when the well-connected are let off – not just Gregory not being prosecuted for something which would have resulted in a world of trouble for any of us, but in the repeated stories we see in the news of the rich and/or famous getting off because they had the money or the connections.  We are no longer living in a nation where any of us can be certain of how things will come out – work hard, stay out of trouble and play by the rules…and you can still be fined, jailed, place on “no fly” lists…all at the whim of a government official and then its up to you to prove your innocence.

While we are living in the Error of Obama, not much will be able to be done about this, but if we do win back power (hopefully no later than 2016) one of the main aspects of government reform must be the massive repeal of laws and regulations.  Perhaps a commission could be set up to review each law and regulation and determine if it should remain, be repealed or be folded in with other laws or regulations for simplicity.  At bottom, as a citizen, it shouldn’t take me more than one day’s reading to find out everything which is illegal under federal law, and less than a day further reading to know everything that is illegal under State and local law.  If it takes a person longer than that to get through the law code (and I’ll bet no one could get through it these days in less than a period of months), then it is no longer a code of laws, but a license to oppress.

And a lesson to be learned here is to stop demanding that government “do something” each time some sort of crisis or problem develops.  That is the root of this – for about a century now we’ve turned to government to fix things and now we’ve got a government which is tyrannical.  High time when a problem comes up that each of us decides to roll up the sleeves and get a little dirty fixing it, ourselves.

The Liberals Have Really Stepped in it This Time…

Judge finds NC ‘Choose Life’ plates unconstitutional

myfox8.com

RALEIGH, N.C. – A federal judge has ruled it is unconstitutional for North Carolina to issue pro-life license plates unless…

 

Here is the takeaway line…
“This is a great victory for the free speech rights of all North Carolinians, regardless of their point of view on reproductive freedom,” said Chris Brook, legal director of the ACLU-NCLF.

Brook said the government cannot create an avenue to express one side of a political issue while denying an equal opportunity to citizens with an opposing view.”

This is quite interesting… and at once damning to all the government-sanctioned intellectual monopolies held by the Left.

Given the Federal Court’s decision, for instance,

Should the taxpayers support Darwinism exclusively being taught in schools, while at the same time denying equal opportunity and access for those who espouse Intelligent Design theory?”

Given the Federal Court’s decision, why should the taxpayers be forced to support Planned Parenthood, and at the same time not be forced to support Pro-Life organizations?

In their zeal to utilize the courts to push their agenda, it appears that ‘progressives’ have really stuck it to themselves this time.

Bishop Jenky’s Letter to His Parishoners

Bishop Jenky of Peoria has ordered this letter read in all his parishes this weekend:

Dear Catholic Believers,

Since the foundation of the American Republic and the adoption of the Bill of Rights, I do not think there has ever been a time more threatening to our religious liberty than the present. Neither the president of the United States nor the current majority of the Federal Senate have been willing to even consider the Catholic community’s grave objections to those HHS mandates that would require all Catholic institutions, exempting only our church buildings, to fund abortion, sterilization, and artificial contraception. This assault upon our religious freedom is simply without precedent in the American political and legal system. Contrary to the guarantees embedded in the First Amendment, the HHS mandates attempt to now narrowly define and thereby drastically limit our traditional religious works. They grossly and intentionally intrude upon the deeply held moral convictions that have always guided our Catholic schools, hospitals, and other apostolic ministries.

Nearly two thousand years ago, after our Savior had been bound, beaten, scourged, mocked, and crowned with thorns, a pagan Roman Procurator displayed Jesus to a hostile crowd by sarcastically declaring: “Behold your King.” The mob roared back: “We have no king but Caesar.” Today, Catholic politicians, bureaucrats, and their electoral supporters who callously enable the destruction of innocent human life in the womb also thereby reject Jesus as their Lord. They are objectively guilty of grave sin. For those who hope for salvation, no political loyalty can ever take precedence over loyalty to the Lord Jesus Christ and to his Gospel of Life. God is not mocked, and as the Bible clearly teaches, after this passing instant of life on earth, God’s great mercy in time will give way to God’s perfect judgment in eternity.

I therefore call upon every practicing Catholic in this Diocese to vote. Be faithful to Christ and to your Catholic Faith. May God guide and protect His Holy Church, and may God bless America.

Most Reverend Daniel R. Jenky, CSC
Catholic Bishop of Peoria