Category Archives: Constitution

UPDATED: Banana Obama’s Latest Ex Post Facto Exploits (Idiocracy über alles)

Affirmative Action, Business, Constitution, Healthcare, Law, Taxation, The State

Every self-respecting banana republic, as the US is fast becoming, operates on an unconstitutional ex post facto basis. The victims of its agencies have no way of foreseeing or controlling how vague laws will be bent and charges conjured in the course of seeking desired prosecutorial outcomes.

Wikipedia:

An ex post facto law (Latin for “from after the action” or “after the facts”), also called a retroactive law, is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed.

“Two clauses in the US Constitution prohibit ex post facto laws: Art 1, § 9 and Art. 1 § 10.” But the Constitution—itself no great shakes for lasting liberty—is dead.

Via the indefatigable Betsy McCaughey, who knows Obamacare backwards, comes foreboding news about President Camacho’s latest ex post facto exploits. These entail new Obamacare regs making it “a requirement that employers attest to the IRS, meaning under penalty of perjury, that they have not reduced the number of employees or cut hours to shield themselves from the extra costs of Obamacare.”

More on these “bone chilling intrusion into your freedom to run your business”:

Monday’s announcement is actually a hush money scheme. Under the Affordable Care Act, as written, employers are penalized a whopping $3,000 each time one of their workers goes onto the Obama exchanges and gets a taxpayer subsidized plan. Now the administration is offering to waive that penalty, provided employers stop complaining. Employers who want to take this deal must attest that they haven’t laid off workers or cut hours to squeeze under the 99-worker threshold.

Here’s where Big Brother starts running your business. The IRS will forgive you if you make changes “because of the sale of a division, changes in the economic marketplace in which the employer operates, terminations of employment for poor performance, or other similar changes.” It’s none of Big Brother’s business why you hire or fire. This is a bone chilling intrusion into your freedom to run your business.

UPDATE: Idiocracy über alles. And how can an affirmatively appointed judiciary, members of who “confuse the Constitution for the Declaration of Independence,” know the meaning and prohibition on mischief-making with the law?

Both federal judge Judge Arenda L. Wright Allen and the one-time newspaper of record confused the Constitution for the Declaration of Independence during their haste to celebrate the overturning of Virginia’s gay marriage ban Thursday night.

“Our Constitution declares that ‘all men’ are created equal. Surely this means all of us,” wrote Allen in a tautological pronouncement that cited a unilateral assertion of sovereignty penned in response to 18th-century British abuses of power, rather than the supreme law governing the U.S.

MORE.

MORE Exchanges On Mark Levin

Constitution, Media, Natural Law, Paleolibertarianism, Political Philosophy, Republicans, States' Rights

Contrary to ML, the libertarian reader who was annoyed with me for giving Mark Levin the time of the day (a premise with which I’d agree were Mr. Levin anything like the rest of the radio mouths; the tele-twits and teletwat, but he isn’t)—another reader, a fan of Mr. Levin, is angry that I dared question The Great One.

He quotes this from “Secession, Not Convention, Offers Salvation”:

The healthiest and most intuitive response to deep-seated, irreconcilable unhappiness – political or personal – is not to hold a constitutional convention, Mark Levin, but to leave, to exit the abusive relationship.

The reader then swats me down, as follows:

Ms. Mercer,
Have you even read The Liberty Amendments? Doesn’t appear so and it doesn’t appear that many posters on the WND website have either. Article V is pretty clear and so is the logical and rational arguments made by Mark Levin. Whose credentials, I would put up against all. Your gratuitous remarks about this “radio mouth” are vapid.

You, along with James McClellan portend there is “no mechanism to compel congress to act” (?) Wrong. Both of you need to go back and reread Article V again. It says “shall”. Not maybe, or might, or could, or probably. SHALL. There’s no gray area here and congressional involvement is limited to 1. putting the process in motion and 2. “as the one or the other mode of ratification may be proposed”. That’s IT. Just because the states historically, haven’t exercised this power means nothing. They certainly have the power to do so.

At the Mt. Vernon Assembly back in early December 32 states had representatives in attendance. This assembly was put in motion way before Mr. Levin ever started talking about his book. People are starting to wake up and understand the “real and present danger” this country is in. Mark Levin concisely lays out how the process would work, what the process would include and how it would be enforced. He also proposes amendments that are directly relevant to the runaway government we have today. If the convention devolved into the so called “runaway convention” enough states withdrawing from the convention to breach that 34 state threshold would end it right there. 33 States voting for “something” would mean nothing. Not to mention the 38 state threshold for ratification.

What is inexplicable Ms. Mercer is your wrongful rationale to shelve our Constitution and in turn, OUR country. Perhaps you should rethink the affinity you have for a nation that welcomed you with open arms with rights and freedoms unfamiliar to your homeland of South Africa. And while “the healthiest and most intuitive response to deep seated, irreconcilable unhappiness” may be best for personal reasons, it’s absurd to apply that rationale to this issue. The analogy is useless.

In closing, we don’t have to wait for a runaway convention. We have one NOW. A “coup d’etat”. Without one shot fired. This regime is pushing lawlessness and a quite anarchy so as to bring this nation to the breaking point. Which is exactly what they want. Don’t think for a split second that obama is not frothing at the mouth to implode this society so that he can declare Marshall Law and do away with the rest of the Bill of Rights. What other plausible explanations can there be for this man’s actions and those of his party? Our Constitution is being amended unlawfully on a daily basis and should be abundantly clear to anyone. We can do this the civil, lawful way or the uncivil way. Do you think that BO would just let us walk away? You’re not paying attention if you answered yes.

Mark Levin’s The Liberty Amendments provides the answer and the road map. Not the absolute anarchy that would come about from your solution.

Time constraints being what they are, here are some of the points made in my short answer (I chose to leave unchallenged the silly, quintessentially Republican notion that the unraveling began with Obama):

Dear D.,

I appreciate your passion, if not your emphasis on legalistic, positivist law, as opposed to the natural law. The first has failed us: http://www.ilanamercer.com/phprunner/public_article_list_view.php?editid1=743

It all began with Mr. Levin’s hero, Abe: http://www.ilanamercer.com/phprunner/public_article_list_view.php?editid1=586 & http://www.ilanamercer.com/phprunner/public_article_list_view.php?editid1=31

MORE here.

As to your claims about secession causing “anarchy”: The only reason chaos—which is what I presume you mean by anarchy—could come about when people, peacefully, go their separate ways is because the central government would launch Total War against peaceful separatists. Consider that! You and Levin would argue that such a war is legal. Maybe so, but such a war [like the War of Northern Aggression] is never naturally licit.

The great Yorktown Patriot Dr. James McClellan has long since passed. He was easily and indisputably one of THIS country’s greatest constitutional scholars. More on McClellan’s constitutional take on secession: http://www.ilanamercer.com/phprunner/public_article_list_view.php?editid1=718

Mark would have to agree, however great our disagreement, that this immigrant is a patriot. He should appreciate any immigrant who has fought for the American Creed as this immigrant has for so long.

I appreciate Mark as a potentially powerful anti-establishment force (witness the fact that he is seldom asked to join the Idiocracy on TV), and as the intellectual the rest (Savage, Prager, Medved, Rush, Laura, etc.) are not.

Best,
ILANA Mercer

UPDATED: A Reader Loathes Levin, Prefers Libertarians Who Create Oscillation

Constitution, libertarianism, Liberty, Media, Neoconservatism, Political Philosophy, Republicans

ML is annoyed with me because of the column titled “Secession, Not Convention, Offers Salvation.” He writes:

Based on my contacts, Mark Levin doesn’t have a big following in Ohio. I’m surrounded by conservatives, but nobody mentions Levin. Ever. And I grew up here. The only time I ever hear his name is when Sean Hannity mentions it and I turn the dial. To the people I deal with in Ohio, Levin is parochial New York.

I don’t pretend to understand the media environment on the East coast, but, from my experience, your information resonates with people in southwest Ohio. I don’t care about anybody’s opinion. I care about information. You supply great information.

That’s why I suggest you never promote Levin. He’s an establishment tool. Any time you write about him, you elevate him. I prefer you counter his oppression with libertarian arguments, than promote him by name.

BTW, I’m a big, recent fan. I’ve read mises.org for years and lewrockwell.com for a year or so, but you bring a point of view that sometimes contrasts with both. Nice job!

“Secession, Not Convention, Offers Salvation” takes on Levin for his odd idea that we look to the states, which are hardly bastions of freedom, to initiate a constitutional amendment or demand a constitutional convention, when this has never occurred before, and when there is no mechanism to compel Congress to hold such a convention.

MORE.

UPDATE: FACEBOOK thread: Levin is not as simple as all that. Item: he rails against establishment Republicans, hates Bush and Rove, and is seldom asked to go on TV with the teletwits. Levin is not as simple as say, Medved or Prager who are pure establishment.

UPDATED: Liberals Who Loathe Obama, All Two Of Them (One More…)

Barack Obama, Constitution, Democrats, Left-Liberalism And Progressivisim, Media

Mark Levin would be a powerful force for liberty were he libertarian. In one magnificent rant against the regime, Levin wanted to know why no Democrat had protested Obama’s overweening ways. This is not quite true. As this column often pointed out, the late, great, Democratic Senator Robert Byrd was driven to distraction by Big Man Obama and said as much. Byrd, RIP, was “a stern constitutional scholar who always stood up for the legislative branch in its role in checking the power of the White House.” This old Southern gentleman, whom Republicans continually berated for his past indiscretions, warned about Obama’s executive-branch power grab and the extra-constitutional creation of a number of new White-House fiefdoms: on health reform, urban affairs policy, and energy and climate change.

And in 2009, “Sen. Byrd issued this warning regarding the procedural shenanigans the Democrats tried to deploy to pass the healthscare bill”:

“I oppose using the budget reconciliation process to pass health care reform and climate change legislation…. As one of the authors of the reconciliation process, I can tell you that the ironclad parliamentary procedures it authorizes were never intended for this purpose.”

The frail senator had taken to the floor of the United States Senate on October 14, 2009, “to discuss the situation in Afghanistan and voice his concerns over the possibility of a major increase in U.S. forces into Afghanistan”:

“General McChrystal, our current military commander in Afghanistan, has requested 30,000-40,000 additional American troops to bolster the more than 65,000 American troops already there. I am not clear as to his reasons and I have many, many questions. What does General McChrystal actually aim to achieve?” “So I am compelled to ask: does it really, really take 100,000 U.S. troops to find Osama bin Laden?”

MORE.

Then there is WND columnist Nat Hentoff. I know not whether he is a Democrats, but Hentoff is something of a liberal, who has accused Obama of “an unprecedented abuse of powers,” calling him the “most un-American president in the nation’s history.”

… The journalist said he doesn’t think any other president has acted so lawlessly as a matter of habit.

“So, if this isn’t a reason for at least the start of an independent investigation that would lead to impeachment, what is?”

Hentoff is baffled that Obama should escape such scrutiny when former President Bill Clinton faced impeachment just for being “a lousy liar.”

President Bill Clinton

A big part of the problem, the journalist believes, is what he calls the utter ignorance of a huge portion of the population, which is not outraged at losing its basic right to be self-governing.

And Obama “doesn’t give a damn, because he can get away with whatever he wants.”

That’s why Hentoff called this the worst state the country has ever been in, “Even worse than Woodrow Wilson’s regime, when people could be arrested for speaking German.” …

MORE.

UPDATE: Liberal constitutional scholar Jonathan Turley has also protested the emergence of the Über-Presidency in the person of BHO. MORE.