Category Archives: Constitution

UPDATED: Trump Vs. The Banana Republicans

Conservatism, Constitution, Donald Trump, Republicans, Ron Paul

“Trump Vs. The Banana Republicans” is the current column, now on WND. An excerpt:

There’s a difference between (small r) republican principles and the Republican Party’s rules of procedure. But National Review neoconservative Jonah Goldberg doesn’t see it.

Or, maybe Goldberg is using America’s founding, governing principles to piggyback the Republican Party’s oft revised and rigged rules to respectability.

Conservatives who harbor the quaint expectation that voters, not party operatives, would choose the nominee stand accused by Goldberg of fetishizing unfiltered democracy.

“America is a republic not a simple democracy,” says Goldberg, in motivating for Grand Old Party chicanery.

Goldberg’s argument is a cunning but poor one. It confuses bureaucratic rules with higher principles: the republicanism of America’s Constitution makers.

Through a Bill of Rights and a scheme that divides authority between autonomous states and a national government, American federalism aimed to secure the rights of the individual by imposing strict limits on the power of thumping majorities and a central government.

The Goldberg variations on republicanism won’t wash. The Republican Party’s arbitrary rules relate to the Founding Founders’ republicanism as the Romney Rule relates to veracity.

The Romney initiated Rule 40(b) is a recent addition to the Republican Party rule book. It stipulates that in order to win the nomination, a candidate must demonstrate he has earned a majority of delegates from at least eight different states. Rule 40 (b) was passed post-haste to thwart libertarian candidate Ron Paul.

Party crooks and their lawyers now find themselves in a pickle, because Governor John Kasich, candidate for the establishment (including the New York Times and the Huffington Post), has yet to meet the Republican rule du jour.

So, what do The Rulers do? They plan to change the rules. Again.

Pledged delegates are not supposed to act as autonomous agents. Their voting has to be tethered to the candidate whom voters have overwhelmingly chosen. But not when The Party parts company with The Voters. Then, delegates might find themselves unmoored from representing the voters.

Republican National Committee Chairman Reince Priebus has hinted at allowing pledged delegates the freedom to betray their pledge. …

… READ the rest. “Trump Vs. The Banana Republicans” is the current column, now on WND.

UPDATE: Two people noticed the “Goldberg Variations” Bach reference. Via Facebook:

Joshua Jennings: Love the Bach reference!

Ilana Mercer Love the folks who noticed, all 2 of you, Joshua Jennings.

Ilana Mercer: The other was my editor.

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UPDATED: Traitors Ted Cruz & John Kasich Use Orwellian Speak To Tarnish Trump

Constitution, Donald Trump, Elections, Free Speech, Gender, Individual Rights, Race, Republicans

The presidential aspirations of Ted Cruz and John Kasich ought to be sealed, OVER, after both blamed Donald Trump, using the “toxic environment” Orwellian Speak, for Chicago mob violence, the kind that burnt down Ferguson and will burn down this country. (Related “Ferguson: Thankful For The Founding Fathers’ Legal Legacy.”)

Said Kasich (Dr. Phil of politics):

Before Trump spoke in Dayton on Saturday, Ohio Gov. John Kasich said the real estate mogul had created a “toxic environment.”
“There is no place for this,” he said. “There is no place for a national leader to prey on the fears of the people who live in our country.”

Said traitor Ted Cruz, via The Conservative Treehouse:

The responsibility starts at the top. The candidate is responsible for the culture of the campaign. Trump disrespects voters, encourages violence and assaults the press.

There you have it. Like little liberals, Republicans capitulate to and psychologize about mob violence and mob rule.

UPDATE (3/13):

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Conservatism Is An Empty Election Slogan

Conservatism, Constitution, Economy, GUNS, Left-Liberalism, Republicans, Taxation

In which Barely A Blog’s resident physicist, Myron Robert Pauli*, reminds believers and dreamers that a Republican congress has never balanced a budget and that a Republican president that balances a budget is as elusive as Big Foot:

In reaction to the “Dime Store New Deal” of Dwight Eisenhower, Barry Goldwater and L. Brent Bozell Jr. penned a compact book called “The Conscience of a Conservative.” This became the basis of Goldwater’s 1964 campaign and Reagan’s 1964 “Time for Choosing” speech. It birthed the Reagan “conservative triumph” of 1980, the reshaping of the modern Republican Party, and the “conservative movement.” (Bernie Sanders could argue that the “progressive” economic leanings of the Democratic Party withered after Lyndon Johnson but this column will stick to Republicans.)

Modern Reagan conservatism was a four-legged chair hinging on four basic tenets. But how are those tenets holding up in 2016?

[1] LIBERTARIANISM: Always the weakest of the legs, most Republican respect for the Bill of Rights starts and ends with the Second Amendment. Even repealing the “regulating interstate commerce” aspects of the War on Drugs is beyond the scope of the GOP. Just this week, there is the clamoring to force Apple to remove encryption on personal phones. But for proof of the dearth of libertarianism and the Bill of Rights, one need not go any farther than to ask Jose Padilla.

[2] SOCIAL CONSERVATISM: While the “moral” rhetoric bellows periodically, the moral train pulled out of Leave-It-To-Beaver land a long time ago and has passed by Miley Cyrus’s twerking. Only 1 of 9 blacks are born in wedlock; among whites it’s a slightly better 1 in 2. One can denounce the trends or howl at the phases of the moon but pre-marital sex, booze, drugs, abortions and gay marriages show no sign of ever disappearing. The leading 2016 GOP candidate among “evangelical Christians” is a publicly vulgar serial adulterer. The military is a Global Force for Transgenderism. As was said long ago, the Kingdom of God is “not of this world.” The million fetuses terminated each year neither know nor care who the president is.

[3] FISCAL CONSERVATISM: Please name me a major program ever terminated by the Republicans – OK, the A-12 Navy Bomber. For every cut, Republicans have been expanding Medicare, inventing Obamacare (as Romneycare with the help of Professor Gruber), Leaving No Child Behind, subsidizing ethanol, pushing American Dream Downpayments, as well as bailing out banks and auto companies. This includes issuing driver’s licenses and preferential tuition to criminal trespassers (a.k.a. “undocumented” aliens).

Most Republicans run out of the room when asked to name a budget cut. To his credit, Ted Cruz has listed several “small” cuts (such as the National Endowment for the Humanities and Housing & Urban Development), but they are more than offset by proposed increases in Defense. Even without bloating up the Defense Department, Social Security and Medicare/Medicaid is the 800 lb. gorilla of spending, sucking up 10% of GDP and always growing.

Cutting taxes on “the filthy rich” increases the deficit. Most Republicans cite the tired canard “cut waste, fraud, and abuse,” or the silly nonsense of passing a “Balanced Budget Amendment.” The Republican Congress never balances a budget, the Republican President never balances a budget so let’s send the problem on to Sonia Sotomayor and the Supreme Court. By the way, as reference, the Federal Budget under “liberal” Harry Truman in 1948 was $35.6 billion, with a $6 billion SURPLUS. If you believe that Republicans are fiscal Conservatives, I have a bridge in Brooklyn to sell you.

[4] ANTI-COMMUNISM: Since the fall of the Berlin Wall, the government has spent well over $20 trillion on “defense” with never ending undeclared wars bringing “democracy” to the Third World and arming both Shiite and Sunni nutcases. It is far from clear that either Goldwater or Reagan would have gone for this neocon vision of perpetual warfare. The commies are gone but the defense budget in constant dollars $$ is larger now than during Vietnam, Korea, or the Reagan buildup! And Republicans clamor for MORE $$$! Republicans attack “liberals” for “throwing money at a problem,” but still keep troops in Italy in case Mussolini rises from the grave! Even here, Trump has served a purpose in chewing off some of the rot from the last surviving leg of the old conservative coalition.

Conservatism is long since over – dead as Yogi Berra!

Barely a Blog (BAB) contributor *Myron Pauli grew up in Sunnyside Queens, went off to college in Cleveland and then spent time in a mental institution in Cambridge MA (MIT) with Benjamin Netanyahu (did not know him), and others until he was released with the “hostages” and Jimmy Carter on January 20, 1981, having defended his dissertation in nuclear physics. Most of the time since, he has worked on infrared sensors, mainly at Naval Research Laboratory in Washington DC. He was NOT named after Ron Paul but is distantly related to physicist Wolftgang Pauli; unfortunately, only the “good looks” were handed down and not the brains. He writes assorted song lyrics and essays reflecting his cynicism and classical liberalism. Click on the “BAB’s A List” category to access the Pauli archive.

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UPDATED : Feds Have No Right To Conscript APPLE (Big Gov. Guy Gates)

Business, Constitution, Jihad, Private Property, Technology, Terrorism

It’s one thing for the federal government to subpoena “the data on the iPhone 5C” of jihadi murderers Rizwan Farook and wife Tashfeen Malik. It’s quite another for the FBI and prosecutors to demand “Apple produce software that would give investigators access to the iPhone at issue.”

A warrant for the information of the killers is perfectly reasonable. For this, the Fourth Amendment to the US Constitution provides:

The Fourth Amendment requires the government to present to a judge evidence of wrongdoing on the part of a specific target of the warrant, and it requires that the warrant specifically describe the place to be searched or the person or thing to be seized. The whole purpose of the Fourth Amendment is to protect the right to be left alone — privacy — by preventing general warrants.

In the case of the Fockers, I mean the Farooks, there is ample probable cause.

Probable cause is a level of evidence sufficient to induce a neutral judge to conclude that it is more likely than not that the government will find what it is looking for in the place it wants to search, and that what it is looking for will be evidence of criminal behavior.

But for a magistrate to order that Apple make an application to assist the Feds in doing their work: That’s tantamount to conscripting the company to involuntarily work for the feds. There is no warrant in the Constitution for that!

In fact, the involuntary conscription of someone’s labor, the 13th Amendment to the U.S. Constitution abolished in 1865.

This is why I get frustrated when people waffle about the need for someone to enforce the US Constitution. What Constitution? Surely it’s time to realize the Constitution is, for the most, a dead letter? Alas, in the fullness of time, a provision will be found for this new violation. Allusions will be made to our “changing, dangerous world.”

UPDATE (2/23):

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