July 16, 2014
What the Hell is Administrative Law, and Where Did it Come From?
That is the question which is, by every account, answered brilliantly in a new book by Professor Philip Hamburger of the Columbia Law School: Is Administrative Law Unlawful?
Amazon reviewer Ross Huebner wrote last month:
Professor Hamburger outlines the fact that administrative law (outside of very limited circumstances) is not only unconstitutional, but it is anti-constitutional as well. I recommend this book as a worthy legal history of administrative law and state simply that it should be in every serious scholar's library for both historical and legal purposes.
In a radio interview this morning the author explained that administrative law, essentially the rules and regulations of Administrative Branch agencies, crept into our government after its founding as a holdover from the pre-Constitutional era and do not have any justification under the Constitution. To the contrary, Article I Section 1 begins: "All legislative Powers herein granted shall be vested in a Congress of the United States..." therefore any legislative powers exercised outside of Congress are illegal.
And not just legislative, but judicial powers are wrongly exercised under color of "administrative law." Who may lay his finger on the Constitutional passage that enumerates that? Article III Section 1 begins: "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." No mention of EPA or FDA that I could find.
A timely tome it doth seem to be.
February 26, 2014
Fair and Balanced
Dispassionate. Objectively. That is how the following interview is conducted, and how the reader should view it. It is the first non-libelous thing I can remember ever hearing or reading about Margaret Sanger. Perhaps it's the circles I travel in. More likely, it's her association with Planned Parenthood which, like so many well intended organizations, seems to have been taken over by extremist zealots with a single-minded agenda.
From the Reason article: Margaret Sanger was Anti-Abortion?!?!
February 20, 2014
Century-old Injustice Made Right
At least, that's how Van Jones and Ward Churchill would describe it.
In 1905, Congress acted to reduce the size of Wind River by opening it up to homesteading by non-Indians, a decision affirmed in subsequent court rulings. It was determined that towns settled by homesteaders such as Riverton were not part of the reservation. To the EPA, both history and law are irrelevant.
Wyoming isn't sitting still for this.
"My deep concern," [Wyoming Governor Matt] Mead wrote in a statement issued last month, "is about an administrative agency of the federal government altering a state's boundary and going against over 100 years of history and law.
Churchill can almost be heard, "Take that, bitches."
October 7, 2013
Steyn: That Which Shall Not Be Discussed
John Stossel took a peek into Nancy Pelosi's "bare" cupboard last night to see if she was correct in saying there is nothing left to cut. Brilliantly, he placed Social Security, Medicare and military spending on top of the cupboard since "those are so big they don't even fit in the cupboard." Mark Steyn takes on the same issue today saying, Too Much of the Federal Government Can't Be Shut Down.
"Mandatory spending" (Social Security, Medicare et al.) is authorized in perpetuity -- or, at any rate, until total societal collapse. If you throw in the interest payments on the debt, that means two-thirds of the federal budget is beyond the control of Congress' so-called federal budget process.
He segues from there to what passes for a spending prioritization process in the capitol of our national, nee federal, government.
Pace Sen. Reid, Republican proposals to allocate spending through targeted, mere multi-billion-dollar appropriations is not only not "irresponsible" but, in fact, a vast improvement over the "continuing resolution": To modify Lord Acton, power corrupts, but continuing power corrupts continually.
I've been Tweeting and Facebooking that we're witnessing day whatever-it-is of "Essential Government." In reality, what's still steaming ahead full is well beyond what is essential.
May 7, 2013
Otequay of the Ayday
April 25, 2013
"Assault Rifle" Intimidation
Br'er JK mentioned "a new Martial State." This was the Boston P.D. searching for the "little brother bomber" suspect. Some are suggesting a 4th Amendment infringement. I'm still looking.
March 14, 2013
Senator Cruz Strikes Again
I pumped my fist when he said, "And yet at the same time I would note that she chose not to answer the question that I asked."
Robert Laurie explains the "child porn" canard here:
It's a false premise, since the very act of creating underage porn represents a felony. This is not true of manufacturing or owning a gun. Firearms can be used for perfectly legal, ethical, reasons. No crime takes place until someone uses the weapon for a specific criminal purpose. There is no non-criminal purpose behind the manufacture or ownership of child porn, thus its illegality.
March 12, 2013
Colorado is America's Canary
If you care to see what happens when a single political party controls the executive and both houses of the legislative arms of government, just look at what is taking place in Colorado. Editorialist Anthony Martin suggests Colorado Democrats appear determined to start a civil war.
A state that was once friendly to gun rights has now become a hotbed of leftwing political activism that directly challenges citizen rights -- unless that citizen wishes to smoke pot legally.
If you want to read about the "civil war" part you'll have to click through. I'll not be accused of incitement.
February 23, 2012
Among the "gifts" afforded us by the advent of the Obama Administration has been talk of state nullification of federal authority over American citizens. Now there are similar musings at the next closer level of government to the individual - counties.
I could highlight some between-the-lines disdain in author Nancy Lofholm's write up but instead I choose to commend the Denver Post for running the story at all, much less on its February 12, 2012 front page under the headline: Emerging movement encourages sheriffs to act as shield against federal tyranny
The headline tells enough of the story for my purposes here so I won't excerpt. Please click through if you want the details. Unsurprisingly, news of the Arizona Convention that prompted the story has generated controversy. A Denver blogger wrote about it as "Sheriffs for Treason." But is it? Does our nation not operate under the "consent of the governed?"
I wanted to post this as a companion to JK's Craig Colorado vs. Renewable Energy Mandates post last week. The mental image of Moffat County Sheriff Tim Jantz and his deputies meeting briefcase-wielding EPA bureaucrats at the front gate of the Craig power plant is a reassuring prospect. And today's story about the Gibson guitar raid is another case where one starts to wonder, Who is the sheriff in that county and what was he doing that day?
August 14, 2011
First Amendment "Right" to Cell Service
"The idea that we're going to keep people from talking about what they might or might not do, based on the idea that they might all agree to violate the law, is positively Orwellian," he said.
So ends a story on Bay Area Rapid Transit's (BART) decision to temporarily suspend cell repeater service in underground train stations to help thwart a planned flashmob protesting a shooting by Transit Police.
The decision was made after agency officials saw details about the protest on an organizer's website.
OK, what's wrong with that? Lynette Sweet of BART's Board of Directors explains:
"It was almost like an afterthought," Sweet told The Associated Press. "This is a land of free speech and for us to think we can do that shows we've grown well beyond the business of what we're supposed to be doing and that's providing transportation. Not censorship."
Does Ms. Sweet not realize that the phone equipment is owned and operated by BART as a convenience to riders and is beyond the auspices of "transportation?" Does she not see the parallel between disabling a local communications node and setting traffic signals to blink 4-way red? Would she prefer that the fully predictable mob form and become unruly and then see the tear gas and rubber bullets? (Well, maybe not in SF but you get my point.) No, Sweet and her ilk see this as analgous to the Arab Spring.
"BART officials are showing themselves to be of a mind with the former president of Egypt, Hosni Mubarak," the Electronic Frontier Foundation said on its website. Echoing that comparison, vigorous weekend discussion on Twitter was labeled with the hashtag "muBARTek."
People, please. How long until you compare them to Hitler? And what would the same people have said if this "political protest" led to injuries or damage? Anti-authority rallies are loads of fun until someone gets an eye put out.