Category Archives: Law

Libertarians Looking For Trump To Reverse Or Nullify Bad Law

Constitution, Donald Trump, Law, libertarianism, Liberty, Regulation

Trump has signed 15 resolutions reversing Obama-era regulations. Kate’s Law—very important—has passed in Congress. Alas, the so-called Muslim ban is insignificant, unless followed up with something much more meaty.

The media are looking for “major pieces of legislation” from Donald Trump to properly asses him. To take the measure of the man as a president, I was looking for him to nullify lots of laws via Executive Orders. As said in “The Trump Revolution: The Donald’s Creative Destruction Deconstructed” (June 29, 2016):

“Should Mr. Trump deliver on his promises, consider nullification his political power tool, used by a benevolent Executive to pry the people free. Nullification should be properly considered as Justice’s Jaws of Life. As I said in the Opening, in this post-constitutional era, correctives to the corrosive actions of the State will reduce to action and reaction, force and counterforce.” (The Trump Revolution, p. 233, By ilana Mercer.)

In any case, when you read the convoluted and impenetrable legalese in which legislation is written, you wonder whether implementing change The People want is at all possible in post-constitutional American (a question asked and answered in the book aforementioned). You realize, too, that dismantling any aspect of the Administrative State is pie-in-the-sky (a thing for which the book mentioned had hoped).

Here’s a list of Trump laws, so far, courtesy of NPR. The words “Disapproving the rule” seem very musical, but who knows?

  • H.J.Res. 67: “Disapproving the rule submitted by the Department of Labor relating to savings arrangements established by qualified State political subdivisions for non-governmental employees”
  • H.J.Res. 43: “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by Secretary of Health and Human Services relating to compliance with title X requirements by project recipients in selecting subrecipients”
  • H.J.Res. 69: “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Department of the Interior relating to ‘Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska’ “
  • H.J.Res. 83: “Disapproving the rule submitted by the Department of Labor relating to ‘Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness'”
  • S.J.Res. 34: “A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to ‘Protecting the Privacy of Customers of Broadband and Other Telecommunications Services’ “
  • H.J.Res. 42: “Disapproving the rule submitted by the Department of Labor relating to drug testing of unemployment compensation applicants”
  • H.J.Res. 57: “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to accountability and State plans under the Elementary and Secondary Education Act of 1965”
  • H.J.Res. 58: “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to teacher preparation issues”
  • H.J.Res. 37: “Disapproving the rule submitted by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration relating to the Federal Acquisition Regulation”
  • H.J.Res. 44: “Disapproving the rule submitted by the Department of the Interior relating to Bureau of Land Management regulations that establish the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act of 1976”
  • H.J.Res. 40: “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Social Security Administration relating to Implementation of the NICS Improvement Amendments Act of 2007”
  • H.J.Res. 38: “Disapproving the rule submitted by the Department of the Interior known as the Stream Protection Rule”
  • H.J.Res. 41: “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Securities and Exchange Commission relating to ‘Disclosure of Payments by Resource Extraction Issuers’ “
  • S. 496: “A bill to repeal the rule issued by the Federal Highway Administration and the Federal Transit Administration entitled ‘Metropolitan Planning Organization Coordination and Planning Area Reform.’ “
  • H.J.Res. 66: “Disapproving the rule submitted by the Department of Labor relating to savings arrangements established by States for non-governmental employees.”

Modifying Existing Programs (6)

  • H.R. 353: “Weather Research and Forecasting Innovation Act of 2017”
  • S. 442: “National Aeronautics and Space Administration Transition Authorization Act of 2017”
  • H.R. 72: “GAO Access and Oversight Act of 2017”
  • S. 419: “Public Safety Officers’ Benefits Improvement Act of 2017”
  • S. 583: “American Law Enforcement Heroes Act of 2017”
  • H.R. 657 “Follow the Rules Act”

Encouraging An Agency To Try Something New (5)

  • H.R. 321: “Inspiring the Next Space Pioneers, Innovators, Researchers, and Explorers (INSPIRE) Women Act”
  • H.R. 255: “Promoting Women in Entrepreneurship Act”
  • H.R. 534: “U.S. Wants to Compete for a World Expo Act”
  • H.R. 274: “Modernizing Government Travel Act”
  • H.R. 366: “DHS SAVE Act”

Naming Something/Siting A Memorial/Encouraging Flag Flying (5)

  • S.J. Res. 1: “A joint resolution approving the location of a memorial to commemorate and honor the members of the Armed Forces who served on active duty in support of Operation Desert Storm or Operation Desert Shield”
  • H.R. 1362: “To name the Department of Veterans Affairs community-based outpatient clinic in Pago Pago, American Samoa, the Faleomavaega Eni Fa’aua’a Hunkin VA Clinic”
  • H.R. 609: “To designate the Department of Veterans Affairs health care center in Center Township, Butler County, Pennsylvania, as the ‘Abie Abraham VA Clinic'”
  • S. 305: “Vietnam War Veterans Recognition Act of 2017”
  • H.R. 375: “To designate the Federal building and United States courthouse located at 719 Church Street in Nashville, Tennessee, as the ‘Fred D. Thompson Federal Building and United States Courthouse.'”

Personnel-Related (5)

  • S.J.Res. 30: “A joint resolution providing for the reappointment of Steve Case as a citizen regent of the Board of Regents of the Smithsonian Institution”
  • S.J.Res. 36: “A joint resolution providing for the appointment of Roger W. Ferguson as a citizen regent of the Board of Regents of the Smithsonian Institution”
  • S.J.Res. 35: “A joint resolution providing for the appointment of Michael Govan as a citizen regent of the Board of Regents of the Smithsonian Institution”
  • H.R. 1228: “To provide for the appointment of members of the Board of Directors of the Office of Compliance to replace members whose terms expire during 2017, and for other purposes”
  • S. 84: “A bill to provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces”

Extending Obama-Era Policy (2)

  • S. 544: “A bill to amend the Veterans Access, Choice, and Accountability Act of 2014 to modify the termination date for the Veterans Choice Program, and for other purposes.”
  • H.J.Res. 99: “Making further continuing appropriations for fiscal year 2017, and for other purposes.”

Omnibus Appropriations Bill (1)

  • H.R. 244: “Consolidated Appropriations Act, 2017”

New Policy (1)

  • S. 1094: “Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017”

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SOURCE.

On The Deep State (Damn Straight!), Comey’s Memo To Self & Ongoing Media Cadenza

BAB's A List, Conservatism, Donald Trump, Intelligence, Law, Media, Neoconservatism, Russia, The State

By Dr. Boyd D. Cathey. (Warning to the congenitally dour: humor and Southern idiom and imagery ahead.)

Some pundits and writers on the Left and within the Deep State political and cultural pentagon deny that there is such a thing as the “Deep State.” In recent days I’ve read a couple of Mainstream Media [MSM] columnists who simply dismiss such an idea. “No,” they say with mock seriousness, “what you see—those of us self-erected ‘big shots’ in the political class and the self-perpetuating bureaucracy in Washington, the financial globalists, the Hollywood elites, the educational establishment—we aren’t really a ‘state-within-a state’. You just need to be quiet, go back to your workaday professions, and leave governing, educating your children, and producing your entertainment, to us. It’s above your pay grade.”

Let me translate, “we are your masters and you are the sheep—shut up and don’t ask questions and don’t even think about any real influence in the destiny of this nation.” And even more simply stated: “We are the managerial elite, you are the deplorables.” Seems we have heard that word before….

But only a few minutes watching the hysterical MSM yesterday, in addition to occasioning a severe case of nausea, would have convinced even the most casual and uninterested viewer that the “chattering class” of this nation had literally gone berserk, in ideological and linguistic lock-step—almost as if some hidden “Wizard of Oz,” behind the curtain, had given the punditry a strict talking points memo. The non-existent “Deep State” had once again bared its teeth, and the unmistakable reality of its suffocating presence sank in.

Over on CNN, leftist wing nut Chris Cilizza jumped, like a tick on a freshly-bathed dog, on the purported “news” that back in February, during a private meeting between President Trump and former FBI head James Comey, the president urged Comey to “let the [Michael] Flynn investigation go.” Then, according to—as always—an “unnamed” source who telephoned The News York Times right after that, Comey drafted a “memo to self,” more or less, recounting this his version of what happened. “Obstruction of justice!” Cilizza screamed. “Impeachment moment!” echoed the other programmed automatons in the MSM. “The end of the Trump presidency!” shrieked ABC, MSNBC, CBS, ad nauseum.

“Obstruction of Justice?” First, the White House has pushed back hard on this convenient “after-thought” by Comey. If he thought it were an attempted “obstruction of justice” way back in February, why wasn’t it made public way back then? Why weren’t the appropriate congressional committees notified? Additionally, when the president and Comey met, Flynn had already been cleared by the FBI of any criminal action. Even if President Trump had suggested that Comey try to “move on,” how in any sense, legally or otherwise, can this be considered “obstruction”? That term, legally, implies action to prevent, to hinder, or to subvert an investigation or process. So, even if Comey’s “recollection” has any truth to it—and that is debatable—the only thing that has happened here is that the MSM has had another cardiac moment, another “impeachment moment” day dream.

The mind-numbing programmed MSM and their Democratic allies remind me of disjointed Bloodhounds who race frantically from deceptive scented clue to deceptive scented clue, but without ever catching their prey… because there is nothing there, there. The “Russians did it” template is fake and false, made up out of whole cloth by the Clintonistas after Hillary’s loss. And very likely, as we now know, the theft of over 44,000 Democratic National Committee emails was committed by Seth Rich, a disaffected DNC staffer who had access, who was enraged by the pro-Hillary sandbagging of Bernie Sanders. Of course, just a few days after Rich did that, he wound up murdered. And despite the fact that nothing was taken from him—not his wallet full of cash or his expensive necklace—the DC police department (with orders from up high) and FBI (and the Clinton folks) continue to say it was an attempted robbery and refuse to cooperate in any further investigation.

Just the same old Washington DC, the same old politics. And they want us to think that the “Deep State” doesn’t really exist? And too many Republicans and so-called “conservatives” either buy into that template, serving as fifth columnists, or, at a minimum, go along to prevent that kind of full-fledged assault on them that is now being inflicted on Donald Trump, his administration, and his agenda.

One of the most notorious fellow-traveler apologists for the Deep State is neoconservative head honcho and Weekly Standard founder and editor, Bill Kristol. Kristol is one of the fiercest and most intransigent NeverTrumpers, and much like columnist George Will, he continues his ferocious opposition. Most recently Kristol granted an interview to the left wing web site, “Mediaite.” Nothing unusual about that, since the candidacy of Donald Trump has brought dozens of supposedly “conservative” pundits and writers “out of the closet” and revealed what we have known all along: they are, in fact, raving leftists at heart in their basic precepts, and they will do practically anything, work with anybody, even if much further to the left, if they can “get back” at The Donald for his “sin” of challenging their leadership and control of the decadent and dying “Conservative Movement.”

To conclude, I have suggested that we are living now in a hollow, geographical entity officially titled “the United States of America,” but which is definitely NOT united, and where the very concept of “America” has no common acceptance. And the question, then, remains: how is it possible, how can there be a real future for a country where one half wants to literally suppress and obliterate the other half? And, then, those of us scheduled for such suppression—why do we permit so many of our elected representatives to take a dive and go along, and even enable this potentially fatal infection?

Why aren’t millions of us “deplorables” organizing nationally and in each state to challenge the GOP wimp-outs, like Dave Bratt did with Eric Cantor in Virginia? Why aren’t we making our presence known at meetings of leftist congressmen and on campuses? The Deep State—the establishment “swamp”—is in full attack mode. Either we respond, or we disappear as a people, with our traditions, our history, and our faith.

************************

~ Dr. Boyd D. Cathey is an Unz Review columnist, as well as a Barely a Blog contributor, whose work is easily located on this site under the “BAB’s A List” search category.

Arrested For Reciting Churchill, In Today’s England

Britain, Canada, Constitution, Free Speech, Individual Rights, Islam, Law, Liberty

How dare Europeans call themselves free citizens! The UK and, for the matter, France, Germany and the rest of EU controlled Europe, have no right to claim their societies are free. (Or that elections are in furtherance of freedom, which they lack and don’t seem eager to rediscover.)

“[Paul] Weston, a candidate for English member of the European Parliament, was arrested [three] years ago for reading aloud a passage” from a novel, The River War (1899), by Winston Churchill. These are the words that can get you arrested in Europe:

How dreadful are the curses which Mohammedanism lays on its votaries! Besides the fanatical frenzy, which is as dangerous in a man as hydrophobia in a dog, there is this fearful fatalistic apathy. The effects are apparent in many countries. Improvident habits, slovenly systems of agriculture, sluggish methods of commerce, and insecurity of property exist wherever the followers of the Prophet rule or live. A degraded sensualism deprives this life of its grace and refinement; the next of its dignity and sanctity. (“Churchill in Africa,” APRIL 6, 2017, Chronicles magazine.)

Canada is similar.

Berkley is an intellectual cesspool. Defund it. Definitely privatize it. Sack it, for all I care. But if Berkley is anything to go by, the US is inching toward the criminalization of so-called offensive speech. Academics enforce speech codes they invent. Police refuse to uphold the rights of speakers to speak unmolested. It’s coming. (See “The Battle Of Berkeley 4: Peace And Another Victory For The Deplorables.”)

Africa BC And AC (Before And After Colonialism)

Africa, Law, Private Property, Propaganda, Technology, The West

“Africa BC And AC (Before And After Colonialism)” is the latest column, now on The Daily Caller.

From their plush apartments, over groaning dinner tables, pseudo-intellectuals have the luxury of depicting squalor and sickness as idyllic, primordially peaceful and harmonious. After all, when the affluent relinquish their earthly possessions to return to the simple life, it is always with aid of sophisticated technology and the option to be air-lifted to a hospital if the need arises. Is there any wonder, then, that “the stereotype of colonial history” has been perpetuated by the relatively well-to-do intellectual elite? Theories of exploitation, Marxism for one, originated with Western intellectuals, not with African peasants. It is this clique alone that could afford to pile myth upon myth about a system that had benefited ordinary people.

What is meant by “benefited”? Naturally, the premise here is that development, so long as it’s not coerced, is desirable and material progress good. British colonists in Africa reduced the state of squalor, disease and death associated with lack of development. To the extent that this is condemned, the Rousseauist myth of the noble, happy savage is condoned. Granted, Africa’s poor did not elect to have these conditions, good and bad, foisted on them. However, once introduced to potable water, sanitation, transportation, and primary healthcare, few Africans wish to do without them. Fewer Africans still would wish to return to Native Customary Law once introduced to the idea that their lives were no longer the property of the Supreme Chief to do with as he pleased. …

… When all is said and done, the West is what it is due to human capital—people of superior ideas and abilities, capable of innovation, exploration, science, philosophy. Human action is the ultimate adjudicator of a human being’s worth; the aggregate action of many human beings acting in concert makes or breaks a society. Overall, American society is superior to assorted African and Arab societies because America is still inhabited by the kind of individuals who make possible a thriving civil society. …

… Read the rest. “Africa BC And AC (Before And After Colonialism)” is now on The Daily Caller.