Monthly Archives: February 2014

The Talented Mr. Turley

Constitution, Federalism, History, Law, libertarianism

I find myself having to often defend against libertarian critique of my interest in the U.S. Constitution and the history of the republic. (Yes, imagine making excuses for intellectual curiosity.) I’m fascinated by it all. The disdain for American constitutional history among some libertarians seems to stem from laziness, which has invariably fed an attitude that treats the non-aggression axiom as if it materialized magically, and was handed down to the faithful at a Mount-Sinai like event, rather than from “the nit and the grit of the history and culture from which it emerged,” in the words of Jack Kerwick, Ph.D.

It’s pitiful that one should have to defend against an incurious, ahistorical mindset. Nevertheless, I plead guilty of an interest in Jonathan Turley’s February 26, 2014 remarks to the Committee on the Judiciary, of the United States House of Representatives, even though, as a libertarian, I most certainly do not identify with their impetus: “Enforcing the President’s Constitutional Duty to Faithfully Execute the Laws.”

Most of what the government does is either naturally illicit, immoral or both. If a president arose who refused to enforce MOST of our laws; I’d cheer him on. And one can hardly accuse the Judiciary of not doing much, as Turley does. The opposite is the case: there are no means to punish the Bench for its infractions (such as Zero Care).

Still and all, Turley is interesting (I apologized for my interest, did I not?), and he writes beautifully, using some marvelous analogies:

… We are in the midst of a constitutional crisis with sweeping implications for our system of government. There has been a massive gravitational shift of authority to the Executive Branch that threatens
the stability and functionality of our tripartite system. To be sure, this shift did not begin with President Obama. However, it has accelerated at an alarming rate under this Administration. These changes are occurring in a political environment with seemingly little oxygen for dialogue, let alone compromise. Indeed, the current
anaerobic conditions are breaking down the muscle of the constitutional
system that protects us all. Of even greater concern is the fact that the other two branches appear passive, if not inert, as the Executive Branch has assumed such power. As someone who voted for President Obama and agrees with many of his policies, it is often hard to separate the ends from the means of presidential action. Indeed, despite decades of thinking and writing about the separation of powers, I have had momentary lapses where I privately rejoiced in seeing actions on goals that I share, even though they
were done in the circumvention of Congress.

There is no license in our system to act, as President Obama has promised, “with or without Congress” in these areas. During periods of political division, compromise is clearly often hard to come by. That reflects a divided country as a whole. Such opposition cannot be the justification for circumvention of the legislative branch. Otherwise, the separation of powers would only be respected to the extent that it
serves to ratify the wishes of a president …

MORE.

UPDATED: The Empire’s ‘Mad Meddlers’ And Even Madder Heroes

Democracy, Foreign Aid, Foreign Policy, Military, Neoconservatism

Our friend, historian Nebojsa Malic, updates us as to the status of the “the supposedly ‘independent’ and ‘popular’ leaders of the Maydan rebellion,” in the Ukraine:

Not two weeks after Imperial diplomats were caught in flagranti trying to order them around, the supposedly “independent” and “popular” leaders of the Maydan rebellion have responded to a general amnesty by the government with – armed rebellion. A number of government buildings were stormed by “peaceful protesters”, including an armory in Lvov (Lwow, Lviv, Lemberg) near the Polish border.

So, according to the Empire, armed neo-Nazis, soccer hooligans, a variety of militant separatists, looters, arsonists and cop-killers are “peaceful protesters”, whose demands for the government’s unconditional surrender and a rewriting of the Constitution are a desire for more “democracy.” Meanwhile, the president who has tried every form of appeasement towards the protesters, including a general amnesty, is a “despot… abolishing democracy.”

This is absurd. There is not a shred of logic in any of it, aside from the “who-whom” relativistic logic, according to which the designated villain can do no right, while the designated victim can do no wrong.

Malevolent Spite

The simmering resentment of the Imperial press against Russia over the past decade or so has flat-out exploded in 2014. As Chronicles’ Eugene Girin dared notice, the US media (though the Brits and the Canadians haven’t been far behind) have begun to write about Russia with hate:

“As if on cue from the White House, the American media started an anti-Russian campaign the sheer malevolence of which was only rivaled by the orgy of Serbophobia in the 1990s.”

In a follow-up article, he noted that, “unlike the old Soviet Union, which was treated respectfully, if not reverently by the mainstream networks, Russia is portrayed as an object of scorn and ridicule: a failed, menacing, disagreeably exotic country.”

Menacing to whom? Georgia, which attacked first? Ukraine, which Russia bailed out and subsidizes with cheap gas? Latvia, where SS veterans march proudly every year? The globalist banksters, who lost the ability to loot Russia they had under Yeltsin? …

MORE.

UPDATE: “Ukraine, Crimea, and Washington’s Pointless Geo-Political Contest With Russia” by John Glaser:

… telling Russia to behave itself has about zero chance of helping the situation. “Russian leaders believe, rightly or wrongly, that the West drove events in Ukraine to the brink of collapse to secure geopolitical advantage over Moscow,” Trenin and Weiss say. “Thus, Western appeals for Russian restraint in the event of a crisis over Crimea are unlikely to resonate.”

But the eagerness in Washington to steer events in Ukraine and beat out Russia in some pointless geopolitical game has not yielded. In this Daily Beast report, Republican leaders Buck McKeon and James Inhofe berate Obama for being too soft on Russia; they both express a deep longing for the Cold War era when it was easier to justify any reckless military action abroad on the grounds of opposing Soviet designs.

David Rhodes, a Reuters columnist, quoted former Romney adviser Nile Gardiner as reiterating Romney’s 2012 line that Russia is America’s greatest geo-political foe and arguing that “an ‘ideological war’ was underway and Putin is winning.”

Gardiner then worries that Washington’s inability to force Russia to lay prostrate at the feet of American power is encouraging other countries to defy their American master: “Putin is viewed by American adversaries and competitors as someone who has stood up to American influence and gotten away with outflanking the United States. Adversaries take note of this and they sense weakness and that’s dangerous. Dissidents also take note. …”

Continued.

UPDATED: How Do I Hate Thee, Barack Hussein Obama? Let Me Count The Ways

Barack Obama, English, Healthcare, Literature, South-Africa

As some of you know, I’ve been waylaid by a diabolical flu, now in its 5th week. Recovery is glacial. Today came a setback dealt by a bill for $307! The bill, for a meager chest X-Ray, is one I never imagined I’d get. Something as elementary as ruling out pneumonia in a patient is no longer covered in full, thanks to fuckface Obama. And I enjoyed a good insurance plan before fuckface’s distribution scheme went into effect. I can’t imagine the costs shouldered by those of you who did not have as comprehensive a plan as I had.

So How Do I Hate Thee, Barack Hussein Obama?

How do I hate thee? Let me count the ways.
I hate thee to the depth and breadth and height
My soul can reach, when feeling out of sight
For the ends of Being and ideal Grace.
I hate thee to the level of every day’s
Most quiet need, by sun and candlelight.
I hate thee freely, as men strive for Right;
I hate thee purely, as they turn from Praise.
I hate with a passion put to use
In my old griefs, and with my childhood’s faith.
I hate thee with a hate I seemed to lose
With my lost saints, — I hate thee with the breath,
Smiles, tears, of all my life! — and, if God choose,
I shall but hate thee better after death.

With apologies to Elizabeth Barrett Browning.

UPDATE: “Not even in South Africa would we pay so much for an X-ray..!! R3300.25 No way… what the hell is happening there??” Brian James Smith via Facebook.

The Con-stitution And The Power To Confiscate

Constitution, Founding Fathers, History, Private Property

“The Con-stitution And The Power To Confiscate” is the current column, now on WND. An excerpt:

Bolstered by the U S. Forest Service, Summit County authorities, in Colo., are scheming on seizing 10 acres of verdant land that belongs to Andy and Ceil Barrie.

The parcel of land is situated within the White River National Forest. The authorities claim the couple’s use of a motorized vehicle on the preserved land risks “damaging the alpine tundra and streams and the habitat of the endangered lynx.”

Since it is the nature of government to “turn a wormhole into a loophole,” the solution sought by the county’s commissioners and attorney general is to confiscate private property under the guise of “open-space” conservation.

On their side—and against the right of private property—the knaves of this Colorado county have a thing even more formidable than the U S. Forest Service: the U. S. Constitution.

Or, dare I say the Con-stitution?

Any discussion about the plight of the Barrie couple must be prefaced by noting the following:

There is no dispute as to the right of government grandees to grab private property.

What remains of some dispute is whether the county has exceeded its authority to steal. For the Constitution gives authorities the right to seize private property for the “common good—that catch-all constitutional concept. Has not the General Welfare Clause, in Article I, authorized all three branches of colluding quislings to do just about anything which in their judgment will tend to provide for the general welfare?

The term for state-sanctioned theft of private property is “eminent domain.” A section of The Fifth Amendment to the Constitution reads as follows: “nor shall private property be taken for public use, without just compensation.”

Understand: Compensating the individual if and when government confiscates his land for the ostensible greater good: that is not what’s so wicked here. Rather, it is that implicit in the Bill-of-Rights clause mandating “just compensation” is the acknowledgement that government has the right to confiscate private property, in the first place. …

Read on. The complete column is “The Con-stitution And The Power To Confiscate,” now on WND.

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