Category Archives: Private Property

AND Libtards Complain About Scott Pruitt? UPDATED (7/5/2018): ‘The Lawless Green Police Unleash A Toxic River’

Environmentalism & Animal Rights, Government, Private Property, Regulation

This statement is immutably true: Were we unencumbered by the Environmental Protection Agency, “three million gallons of toxic slurry” would not now be flowing “down the rivers of the West,” “at a rate of 740 gallons a minute.” The sludge was released by “the E-men” into “a creek that is a tributary of the Animas River.” (WSJ)

The reason similar catastrophes are likely to reoccur courtesy of government is because these stooges of the state legislate themselves the kind of legal immunity denied to private companies.

Naturally, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, known as the Superfund law, gives EPA clean-up crews immunity from the trial bar when they are negligent. Yet the Durango blowout was entirely avoidable.

For the same reason, these lethal idiots were disinclined to “warn state and local officials” for a full 24 hours. Locals “learned about the fiasco when they saw their river become yellow curry.”

And Americans want more government!

… The plume of lead, arsenic, mercury, copper, cadmium and other heavy metals turned the water a memorable shade of yellow-orange chrome. The sludge is so acidic that it stings upon touch. Colorado, New Mexico and the Navajo Indian reservation have declared states of emergency as the contamination empties into Lake Powell in Utah and the San Juan River in New Mexico.

The ecological ramifications are uncertain, though the San Juan is designated as “critical habitat” for the Colorado Pike Minnow and Razorback Sucker fish. The regional economy that depends on recreational tourism like rafting, kayaking and fly fishing has been damaged. Drinking water is potable only because utilities closed their intake gates, but pollution in the water table has deprived farmers and rural residents of a source for wells, livestock and crop irrigation. …

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UPDATE (7/5/2018):

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UPDATED: Disparate-Impact Doctrine: Doing Away With Due Process (Obama’s Race Database)

Constitution, Justice, Law, Private Property, The Courts

Is there any doubt the US Supreme Court is engaged in shameless social engineering, and now regularly exceeds its constitutional appellate jurisdiction? A scandalous example of this is Justice Anthony Kennedy’s swing vote in affirming the disparate-impact doctrine, thus doing away with due process (property rights have long since been sundered).

The Doctrine holds “that the law allows not only claims for intentional discrimination but also, claims that cover practices that have a discriminatory effect, even if they were not motivated by an intent to discriminate.” (CNN)

An example that comes to mind: A property owner (in name only) doesn’t want to sell a residential property in a quaint little town to a developer who’ll erect an apartment block on the small space, currently surrounded by family homes. The government decides that this would impede the ability of poorer minorities to move into this cute little hamlet, and sues the seller.

The SCOTUS Blog:

On June 25, 2015, the Supreme Court, by a five-to-four margin, upheld the application of disparate impact under the Fair Housing Act (“FHA”) in Texas Department of Housing & Community Affairs v. The Inclusive Communities Project, Inc. While upholding the theory, the Court imposed significant limitations on its application in practice. [Yeah, right!]

In a disparate-impact claim, a plaintiff may establish liability, without proof of intentional discrimination, if an identified business practice has a disproportionate effect on certain groups of individuals and if the practice is not grounded in sound business considerations. The Court, however, imposed important limitations on the application of the theory “to protect potential defendants against abusive disparate-impact claims.”

Is there any wonder Attorney General Loretta E. Lynch was so jubilant? She “released the following statement … after the Supreme Court ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project Inc.:

“I am pleased that the Supreme Court has affirmed that the Fair Housing Act encompasses disparate impact claims, which are an essential tool for realizing the Act’s promise of fair and open access to housing opportunities for all Americans. While our nation has made tremendous progress since the Fair Housing Act was passed in 1968, disparate impact claims remain an all-too-necessary mechanism for rooting out discrimination in housing and lending. By recognizing that laws, policies and practices with unjustified discriminatory effects are inconsistent with the Fair Housing Act, today’s decision lends support to hardworking Americans who are attempting to find good housing opportunities for themselves and their families. Bolstered by this important ruling, the Department of Justice will continue to vigorously enforce the Fair Housing Act with every tool at its disposal – including challenges based on unfair and unacceptable discriminatory effects.”

UPDATE (7/25): The link between the affirmation of the disparate-impact doctrine and Obama’s race database is obvious. Have race data will travel.

Paul Sperry:

… Unbeknown to most Americans, Obama’s racial bean counters are furiously mining data on their health, home loans, credit cards, places of work, neighborhoods, even how their kids are disciplined in school — all to document “inequalities” between minorities and whites.

This Orwellian-style stockpile of statistics includes a vast and permanent network of discrimination databases, which Obama already is using to make “disparate impact” cases against: banks that don’t make enough prime loans to minorities; schools that suspend too many blacks; cities that don’t offer enough Section 8 and other low-income housing for minorities; and employers who turn down African-Americans for jobs due to criminal backgrounds.

Big Brother Barack wants the databases operational before he leaves office, and much of the data in them will be posted online.

So civil-rights attorneys and urban activist groups will be able to exploit them to show patterns of “racial disparities” and “segregation,” even if no other evidence of discrimination exists.

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Mosaic Law Was Not Meant For A Pack Of Baboons Or Charlie Mansons

Judaism & Jews, Law, Morality, Private Property

Myron Pauli shares thoughts on the Torah portion “Mishpatim” (about common law in the Book of Exodus), on the occasion of the anniversary of the birth of his late, beloved wife Linda Plotnick and the death of father Felix Pauli

The Torah can be divided into laws specifying the interaction between mankind and God such as prohibiting idol worship, and the interaction between mankind with mankind. Mishpatim contains much of the civil/common/secular laws. I will make some general observations rather than focus on specific laws:

FIRST: The laws should have a moral basis. Thus, laws should not be passed because the city council needs to refurbish the carpet or because a well-heeled businessman pays lawmakers to put his rivals out of business.

SECOND: The laws should be universal – hence they apply for all time and for all people. This is expressed in our own Declaration of Independence that all are equal in their God-given rights. It does not mean that I can slam-dunk equally with LeBron James – it is that we are equal under the law. This is the essence of the Rule of Law. The opposite is the “Law of Rule,” where the Czar or Pharaoh applies harsh laws to his enemies and no restrictions on his friends, or invents new laws or suspends old laws by his own whim.

THIRD: There are roughly 365 negative mitzvot and many of them deal with idolatry and the like. The number of civil-secular ones is smaller, perhaps around 200. Somehow, 200 prohibitions were enough for the ancient Israelites to function and thrive. This is distinct from America in 2015 which has over 80,000 pages in the Federal Register. Presumably some believe that 80,000 pages of laws make us more moral than the ancient Israelites, but I am skeptical.

FOURTH: I would like to consider 3 different philosophical views of property – those of Marx, Rosenbaum, and Moses. Karl Marx believed in communal property – hence, there could be no theft or coveting since everything was commonly owned. Individual property and individual responsibility were replaced by the commune and individual incentives to produce were replaced by communist coercion. Sadly, many people prefer to give up their individual responsibility to the communist whip although this concept of property has caused misery everywhere it has been tried.

Alisa Rosenbaum, better known as Ayn Rand, considered property sacrosanct and even above life itself. Thou shalt not steal, thou shalt not covet, and thou shalt not give thy property away – that is, compassion and altruism were dubious in her view. What you produced is yours and what I produced is mine. This was the perfect world for perfect people. Those who are too young to produce – children – were parasites with no place in her world. Nor did those who were too old, sick, stupid, or lazy. And without either compassion or children, it was a rather cold world with no means of sustainment.

Moses’ Torah recognizes the obligation to have and raise children and for children to love their parents and is thus self-sustaining. It also recognizes property rights and if one plants and cultivate an apple orchard, that orchard belongs to the producer. And those who are moral will be rewarded with rains and abundance. The owner owns all the apples on the trees, but if there is a surplus and apples fall on the ground, they belong to those in need. There is an incentive to own the trees rather than scavenge the leftovers, but there is also provision for the needy. So perhaps those 3000 year old ideas work better than the more modern proposed “improvements.”

FINALLY: I will temporary digress by departing from Mount Sinai for Philadelphia and quote Benjamin Franklin on the day the Constitution was adopted: “I agree to this Constitution … what may be a blessing to the people if well administered …. (however he noted that it) can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other.”

John Adams said that our government was made only for a moral people. Thus it is true with any set of laws that they can only be as good as the people who abide by them. The Torah was not meant for a pack of baboons or Charlie Mansons. Throughout the Torah, Moses admonishes the people that good will happen to them when they follow the word of God and evil will happen when they disobey.

Thus, the needs of a civil society consist of a moral set of laws and a moral people to follow them.

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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.

Sovietizing the Suburbs: Rule By Bureaucracy

Barack Obama, Communism, Liberty, Private Property, Race, Racism, Regulation

A critical media ought to be withering about Barack Obama’s plans to sovietize any American suburb deemed too white (barring his abodes, his vacation spots and the schools his daughters attend). Instead, pages upon pages of a Google search yield zero criticism of this racist, racialist and tyrannical infringement upon freedom of association, property rights and federalism.

What can one expect from a female “writer” at The Atlantic, reporting on the regulation called “Affirmatively Furthering Fair Housing”? A surfeit of affection and approval:

… Obama administration issues a new rule—and a mapping tool—that are designed to help communities address segregation. …

… On Wednesday, HUD took a big step toward fixing its own ineffectiveness, releasing a new rule that requires that cities and regions evaluate the presence of fair housing in their communities, submit reports detailing the presence of segregation and blight, and detail what they plan to do about it. Communities will be required to hold meetings or otherwise solicit public opinion about housing planning and integration every five years, and will have a new trove of resources to assess their progress.

“This important step will give local leaders the tools they need to provide all Americans with access to safe, affordable housing in communities that are rich with opportunity,” said HUD Secretary Julian Castro.

Parts of the new rule will take effect in 30 days.

By law, communities are expected to affirmatively further fair housing through the way they use federal funds, including Community Development Block Grants (used for a variety of development initiatives), public-housing-authority programs such as Housing Choice Vouchers and housing complexes, and HOME grants, which fund the development of affordable housing.

Since our local shysters vie for federal funds; they will be diligent about shattering established communities by busing in problem residents. Once again, middle-class Americans will bear the brunt of Obama’s bureaucracy.

The Atlantic‘s idiot “writer” seems to think that the neighborhood creates the individual, rather than the opposite: Individuals acting together create their neighborhoods. She solicits official vapor about “neighborhoods and communities marked by conditions of slum and blight,” [that] exclude people from well-resourced neighborhoods and communities” …

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