America

America
Showing posts with label role of government. Show all posts
Showing posts with label role of government. Show all posts

Saturday, May 15, 2010

The Original Meaning of the Commerce Clause


The Original Meaning of the Commerce Clause

"What has been established here is that those who have claimed that the original meaning of the Commerce Clause was narrow are right and their critics are wrong"
- Randy E. Barnett, J.D.

The Original Meaning of the Commerce Clause (PDF)
68 University of Chicago Law Review 101 (2001)

Wednesday, May 5, 2010

News Flash: The Constitution Means What It Says



News Flash: The Constitution Means What It Says

Quote:
By RANDY E. BARNETT

Justice Antonin Scalia's majority opinion in yesterday's Supreme Court decision in District of Columbia v. Heller is historic in its implications and exemplary in its reasoning.


A federal ban on an entire class of guns in ordinary use for self-defense – such as the handgun ban adopted by the District of Columbia – is now off the table. Every gun controller's fondest desire has become a constitutional pipe dream.




Two important practical issues remain. First, will this ruling also apply to states and municipalities? That will depend on whether the Supreme Court decides to "incorporate" the right to keep and bear arms into the 14th Amendment. But in the middle of his opinion Justice Scalia acknowledges that the 39th Congress that enacted the 14th Amendment did so, in part, to protect the individual right to arms of freedmen and Southern Republicans so they might defend themselves from violence.
My prediction: This ruling will eventually be extended to the states.

http://online.wsj.com/article/SB121452412614009067.html


Quote:
So what larger lessons does Heller teach? First, the differing methods of interpretation employed by the majority and the dissent demonstrate why appointments to the Supreme Court are so important. In the future, we should be vetting Supreme Court nominees to see if they understand how Justice Scalia reasoned in Heller and if they are committed to doing the same.


We should also seek to get a majority of the Supreme Court to reconsider its previous decisions or "precedents" that are inconsistent with the original public meaning of the text. This shows why elections matter – especially presidential elections – and why we should vet our politicians to see if they appreciate how the Constitution ought to be interpreted.


Good legal scholarship was absolutely crucial to this outcome. No justice is capable of producing the historical research and analysis upon which Justice Scalia relied. Brilliant as it was in its execution, his opinion rested on the work of many scholars of the Second Amendment, as I am sure he would be the first to acknowledge. (Disclosure: I joined a brief by Academics for the Second Amendment supporting the individual rights interpretation; one of my articles was cited by Justice Scalia and another by Justice Breyer in his dissent.)

Thursday, March 18, 2010

Dem Health Plan Proposal has some Issues....

 
 
Dem Health Plan Proposal has some Issues....

Lets see, some problems....

# Riddled with Taxes: This legislation is riddled with tax hikes. They start by taxing those earning over $10,831 year who don’t buy health insurance $750—a tax that escalates to $3,800 as income rises. Health insurance, health care devices and drugs are also taxed, adding to the cost of health care, and decreasing the competitiveness of these businesses.

# Medicare Cuts: The bill cuts $500 billion in Medicare spending, including over $130 billion in cuts to Medicare Advantage and nearly $120 billion in Medicare cuts for hospitals that care for seniors. The Congressional Budget Office (CBO) says they “expected the Medicare Advantage plans to lose 2.7 million enrollees over the next decade” as a result.... See More

# Raises Insurance Prices: CBO also finds “premiums in the new insurance exchanges would tend to be higher than the average premiums in the current-law individual market…”

# Force, Not Choice: This legislation includes an “individual mandate” forcing all Americans to purchase health insurance, like the Massachusetts law. Taxpayer subsidies will be given to those earning up to three times the federal poverty level. Those not qualifying for subsides will be taxed up to $3,800 if they do not buy insurance, and the Joint Tax Committee has confirmed failure to pay your fine could result in jail time. The experience in Massachusetts has left those caught in between unable to afford insurance and having to pay the tax.

# Big Insurance Boondoggle: Forcing all the uninsured into insurance could bring as much as $200 billion a year in new premiums to insurance companies, including $465 billion in subsidies over 10 years.

# Privacy Violation: This legislation would allow law enforcement agencies such as the FBI and the Department of Justice unprecedented unfettered access to medical records.

Could a Liberal who supports this Bill please refute these talking points?

If this goes through:
- Your taxes WILL go up.
- Your insurance premiums WILL go up.
- The Deficit WILL go up.
- Small Businesses WILL close.

With more people impoverished, more people unemployed, and more people dependent on the Government for their existence....how is this an improvement? 
 
More at http://www.martialtalk.com/forum/showthread.php?t=85339

Tuesday, March 16, 2010

US Vs Toyota


US Vs Toyota

For years, Japanese auto giant Toyota enjoyed a reputation as a builder of reliable vehicles. The public view of Toyota's cars were that they were more reliable, and more fuel efficient than American-Owned auto makers GM and Ford.

Now Toyota finds themselves under attack in the US over safety issues.

Things do not look good.

Quote:
Former Toyota Lawyer Turns Whistleblower
Attorney claims automaker hid safety concerns from public
But, is it really public safety concerns driving this hunt, or is it something else?

Greed?
Conflicts of interest between the government owned and unionized GM and the senators and representatives they own remain hanging as Congress investigates foriegn owned and non-union Toyota.

Quote:
GM Using Taxpayer Money to Prey on Toyota ?
Chairman of Toyota National Dealer Council thinks competitor is out of line


What is known is this.
* There are legitimate questions concerning Toyota not handing over all information requested of it.
* They have issued a huge recall and are looking for fixes.
* The number of actual injury and deaths attributed to these issues (54) is low, and far less than the number of deaths per day in auto accidents. (100 people on average die each day in the US in car accidents)


Toyota's still seem to be safe vehicles, at least, if you believe the folks at Edmunds.

If you own a Toyota, what should you do? Check with your local dealership for information on recalls for your model, and get the work done as soon as possible. In fact, all car owners should do this as every brand has issues and recalls. People are going on about an 8.5 million vehicle recall here, but GM and Ford both have about the same amount of cars under recall for various issues. So be informed and get your transport fixed. 
 
Read More

Monday, March 15, 2010

What I believe



What I believe

A statement of facts on positions taken.


Through out years of debate comments have been made that misstate, misinterpret or misunderstand my views and positions. This is an attempt to set the record straight. Do not expect to find solutions to stated issues as this is not a solution statement, but a belief statement.


Taxes.
Taxes are a fee accessed by a government on various activities. Without taxes government is incapable of functioning. Tariffs are a form of tax. My view is that business oriented taxes such as taxes on sales of items, as well as importation fees are acceptable as part of the responsibility of members of a higher society. These are optional "dues" if you will and I can opt out by not purchasing those items. I object to taxes on property and income and associate them to theft at gun point for if you refuse to hand them over you suffer. I am non-committed on such things as school taxes. While I recognize the need to fund education, it seems unfair that people without children are forced to pay, however that is balanced by the idea that they may have benefited from the same public education so I can see it as your parents paid some for you and you pay some for you and yours. Registration and Licensing fees are simply an income stream for government and I'm against those. While I am against certain things, unlike some I pay my fair share regardless. I do it because it is the law, but I do so under objection.

Voting
I believe it is the duty of every citizen to educate themselves on the issues and make an informed decision at the voting booth. I believe that if you didn't vote, you don't have the right to complain as you chose to accept whatever result by your inaction. I believe that the duty of the citizen is to elect educated individuals who will do what is right for the people, and be open to listening to the people. I believe it is wrong to vote on party lines, or for the lesser of evils, but that you should vote for the candidate who represents you best. Not the one most likely to win. I believe voting should be mandatory, even if all the person does is show up and check the "refused" box.

Role of Federal Government.
I believe in a strict interpretation of the US Constitution, similar to that of President Jefferson's. I believe the Federal government should not be involved in the day to day lives of the people, that it should be greatly downsized back into part time status. I believe that it should do little more than guard the borders and deliver the mail.

Role of Local Government.
I believe the State to be the dominant government level, with a strict belief in States Rights as put forth through the US Constitution. The good of the State, not the Nation is key. Social services if any should work from this level, not the Federal.

Social Services.
I do not believe in them. Given the 60%+ fraud rate I believe the existing systems should be scrapped and a new one that actively fights fraud instituted. Too much money is wasted on overhead and corruption resulting in those most in need not receiving what they could. This is wrong. I do not believe in welfare, but workfare. A system where unemployed are put to work in exchange for a warm bed and square meals and some cash is better than handing someone a debit card of other people money. I have refused to accept government money for gas, electric or food despite at times qualifying for it. I accepted a state issued voluntary health insurance plan as I am a tax payer and it helped. If it was not available, I would have funded my care out of pocket as needed through shopping around for the best affordable care as I did before.

Health Reform.
The current system does little but drive prices up, while diluting quality of service. A new system that resolves the problem of high prices, high cost to taxpayers and increasing need for services in a fiscally responsible and humane manner needs to be created. I believe this is possible. I believe we can provide the best quality health care to the poor and lower income levels without putting people out of work, creating shortages or bankrupting the nation. I believe it is crucial that people realize that, that Congress consider it, and that to do neither is criminal.

Direction of country
I do not believe the nation is heading in the right direction, but is instead as a ship locked on course for the rocks. The government has become deaf, and refuses to listen to the people. Instead they pass unreadable and often unread bills in the tens of thousands of pages, robbing from the people to fund feel good projects that only shore p future campaign contributions for themselves. I do not believe the United States should be involved in waging foreign wars, aiding other nations especially the ones who hate us, or acting as World Policeman. I believe it's time to come home, bring our troops back, and fortify our own borders against the enemy. I believe rather than building new homes in Iraq that we should be building those homes here, for our people.

Gay Marriage / Marriage
I believe than any 2 adults who are of sound mind who wish to commit, should be allowed to. I believe that short of a Constitutional amendment however the Federal government should stay out of the marriage defining business. States can make their own laws, however they need to recognize their obligations under the US Constitution and I believe the USSC needs to remind them of that fact. I believe that any group of like minded adults who wish to enter a partnership should be allowed to do so, with rights and responsibilities. I don't believe the Federal government should decide that matter however.

Police Misbehavior
I believe that the majority of cops are honest, hard working individuals who do an often thankless job and see the worst of people too often. Those who violate their oaths and disgrace their uniforms should be prosecuted and punished under the law without exception.

The Concept and Institute of "Slavery"
I am opposed to the concept of slavery. I believe to hold people in bondage is wrong. I also believe however that some people are incapable of handling freedom and are better kept as slaves. Most enter this state willingly and become slaves to addictions, or give control over to others freely. I pity them and believe that only by education and love can they eventually be freed. Regarding the system as practiced in the United States prior to it's end under President Johnson in December 1865 I find that system abhorrent and deserving of end. I believe however that such an end could have come peacefully without the illusion of a war fought over it.

US Civil War
I believe that war was illegal, that under the law and the Constitution that States can exit the Union as they entered it, in peace, by vote. That the difference between a rebellion and a secession is that a rebellion seeks to over throw the government, while the succeeding states wanted to be left along and NOT change the Federal government by force of arms. I believe that those who state the war was a forgone conclusion from the start are correct. I believe that the popular myth of the war being fought over slavery to be a discredit to history and fact, and that the lead up and reasons are much more complicated than those presented in popular official history. I believe that as more facts emerge that the views will change.

American Dream
I believe in this. That through hard work, good character and providing value in service that one can get ahead and win the game. I believe that one can work for themselves and get ahead. I believe that there is plenty of wealth available, that we live in a world of abundance, that it is ours for the asking, if we simply do what we have to do to obtain it. I believe you can have everything you ask for in life, if you just help enough other people get there too. I do not believe there is a vast conspiracy to keep me poor, that the deck is stacked against me, that I cannot win.

Responsibility
I believe one must accept the responsibility for their actions and non actions. I do not believe I am responsible for anyone else, unless I accept that responsibility (ie kids, pets, marriage, be an employer) You made the decisions that brought you to where ever it is you are. You should accept that fact, then make more decisions to change that place if it's not acceptable to you. Life is a journey through the unknown, you picked and planned the route, even if that plan was to wander aimlessly around. Accept responsibility for that, and change your plan if you do not like where it got you.

Respect
Respect is earned, not freely given. All beings deserve the opportunity for basic respect, however not all beings keep it. I will hold a door open, but do not make me wait forever while you gab. Respect at it's basics is courtesy. Respect is not free handouts, free food and free housing.

Winning the Game
I believe that people rise or sink on their efforts, merits and self images. That one strong in all three will rise farther than one lacking all three. I do not believe that one lacking ambition, drive, determination and dedication should be given a hand out or a boost above those who have them. I believe that those who do have them, deserve to keep what they earn and do with the fruits of their labors as they see fit. I do not believe that if I grow 2 apples and you have none that I should be forced to give you any apples.

Differences of Opinion/Fact
I respect others difference of opinion or fact in controversial matters. Everyone has the right to disagree with me. I have more respect for those who can validate their positions with fact. I am open to changing my positions and views based on new facts and information. My position is rarely solidly fixed, but will evolve over time based on the input and advice of others and the influx of new data from reputable sources.


This has been a statement of belief. An absence of citation, lack of solution or even a proposed solution does not negate nor validate any comment. If you wish to change my mind on these matters you must first open yours to change as well. I reserve the right to change my mind at a later date, and I warn that this list while a list is far from a complete one, that any omission should not indicate I do not have a belief in a particular matter, nor should it indicate I do.

Sunday, March 14, 2010

Virginia passes bill banning mandated health care.


Virginia passes bill banning mandated health care.

March 13, 2010
State Stands Up Against Obama-Care

Virginia OKs first bill banning mandated health care


http://video.foxnews.com/v/4104280/s...nst-obama-care

http://www.washingtonpost.com/wp-dyn...031003908.html

http://www.msnbc.msn.com/id/35801644...more_politics/


Nice to see Virginia finding a pair again.

Thursday, March 4, 2010

A Letter to NY Senators Gillibrand & Schumer and NY Rep. Brian Higgins.



Senator,
  I am writing in opposition to the unconstitutional health care bill and the attempt by this Congress to force this unwanted legislation on the American People.  As a small business owner I am against this. As an American I am against this.

This act is little more than an unethical cash cow for the insurance industry who continues to raise premiums and subsidize insane gouging by the drug companies.

I oppose the increase in taxes this will bring.

I oppose the invasion of my privacy that this will result in.

I resent being forced to purchase something I can not afford or face jail time.

I resent the fact that should this happen, members of my family will see their benefits through Medicare cut.

Rather than force a subsidy out of already cash strapped Americans to aid the insurance lobby, you need to do something that will actually help the American People.

- Support educational aid to aspiring doctors and nurses and other medical specialists so that we can put more qualified Americans into the medical field.
- Support the creation of clinics and other medical support in poor neighborhoods so that people have care close at hand.
- Deal with the gouging of drug companies who charge $100 for a pill that cost them .01 to make.

Consider a program for providing aspiring medical professionals with tuition and a paycheck in exchange for a 10 year hitch in a Federal Hospital system, similar to civil service programs of the past.

The people of this country do not want this disaster that is being proposed. This is too important to push through and try to "fix" later.  Do it right the first time.

I will not support, nor will my friends or family support any Senator or Representative who votes for this current bill, or who pushes it through by the reconciliation process.

Vote NO on the current health care bill.

Push for real reform.

Thank you.

Bob Hubbard.

====

NY Senators
Gillibrand, Kirsten E. - (D - NY) Class I
478 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4451
Web Form: gillibrand.senate.gov/contact/
horizontal line
Schumer, Charles E. - (D - NY) Class III
313 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6542
Web Form: schumer.senate.gov/new_website/contact.cfm
NY Representatives

New York

Tuesday, December 29, 2009

Is aviation security mostly for show? By Bruce Schneier



Bruce Schneier pens a brilliant piece on the issues with our approach to Airplane and air port security. I highly recommend you read it.

Fragment:
"
Once a society starts circumventing its own laws, the risks to its future stability are much greater than terrorism.

Despite fearful rhetoric to the contrary, terrorism is not a transcendent threat. A terrorist attack cannot possibly destroy a country's way of life; it's only our reaction to that attack that can do that kind of damage. The more we undermine our own laws, the more we convert our buildings into fortresses, the more we reduce the freedoms and liberties at the foundation of our societies, the more we're doing the terrorists' job for them.

Today, we can project indomitability by rolling back all the fear-based post-9/11 security measures. Our leaders have lost credibility; getting it back requires a decrease in hyperbole. Ditch the invasive mass surveillance systems and new police state-like powers. Return airport security to pre-9/11 levels. Remove swagger from our foreign policies. Show the world that our legal system is up to the challenge of terrorism. Stop telling people to report all suspicious activity; it does little but make us suspicious of each other, increasing both fear and helplessness."

"http://www.cnn.com/2009/OPINION/12/29/schneier.air.travel.security.theater/index.html

Sunday, December 27, 2009

Health Plan? Naw, just more stroking off by Congress rather than a real fix.



How about a system that pushes for individual responsibility, doesn't subsidize mediocrity nor create an ineffective and bloated bureaucracy, and actually solves problems? I've yet to see that one on the table.

The "Uh, lets create some offices, raise some taxes, and work in some rewards for our buddies" answer is what got the US where it's at now, in deep ****.

Current plan:
- Everyone must BUY a policy.
- If you make under X, we will give you free cash to do so.
- If you make more than Y, or have a health plan that really works, you will pay extra to cover the poor people.
- If you do not buy a plan or otherwise prove you have a plan, you will pay a fine and face jail time.
- We get lots of free money tacked on in exchange for our votes.

That's the current plan in a nut shell.

Here's a real plan
- If you make less than X, you get free care
- From X to Y you get graduated care
- Over Y you're on your own.
- 1-2% tax increase on everyone making more than X to cover costs.
- drugs and tests and hospital bills carefully controled.
- doctors allowed to opt out of program.

There's a plan. Not as sexy, wouldn't take 6,000 pages, and not much room for self rewarding pork.

But, it would actually provide care, and not a feel good. That's the problem, we stopped living in the United States, and all somehow moved to the United Strokes. I for one am tired of being stroked off by the government.

Friday, December 25, 2009

Constitutionality of Federal Health Plan in Doubt



Despite the Democrats ignorance of the Constitution, and refusal to answer questions concerning their invasive pork and graft filled "Health" plan's Constitutionality and even legality, others are questioning it and some are preparing to take this matter to court and fight it.

Constitutionality of Federal Health Plan.
When Asked Where the Constitution Authorizes Congress to Order Americans To Buy Health Insurance, Pelosi Says: 'Are You Serious?'
Friday, October 23, 2009

Rep. Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Order Americans to Buy Health Insurance
Wednesday, October 21, 2009

Senate Judiciary Chairman Unable to Say Where Constitution Authorizes Congress to Order Americans to Buy Health Insurance
Thursday, October 22, 2009

Sen. Akaka Says ‘I’m Not Aware’ of Constitution Giving Congress Authority to Make Individuals Buy Health Insurance
Thursday, November 26, 2009

Sen. Landrieu Declines to Say Where Constitution Authorizes Congress to Force Americans to Buy Health Insurance, Saying She'll Let 'Constitutional Lawyers on Our Staff' Handle That
Friday, December 11, 2009

Democrats’ Health Care Plan Will ‘Shred Constitution,’ Hoekstra Says
Tuesday, November 10, 2009

Sen. Burris Cites Unwritten Constitutional 'Health' Provision to Justify Forcing Americans to Buy Health Insurance
Thursday, November 26, 2009

Sen. Mark Warner: ‘No Place In Constitution That Says Health Care’
Friday, September 04, 2009

Sen. Merkley: Authority to Force People to Buy Health Insurance is Part of Congress's 'Very First Enumerated Power'
Thursday, November 26, 2009

Sen. Hatch Questions Constitutionality of Obamacare: If Feds Can Force Us to Buy Health Insurance ‘Then There’s Literally Nothing the Federal Government Can’t Force Us to Do’
Thursday, November 26, 2009

Sen. Lincoln: Congress Can Force Americans to Buy Health Insurance Because Constitution ‘Charges Congress With the Health’ of the People
Wednesday, December 16, 2009

Sen. Ben Nelson: ‘I’m Not Going to Be Able to Answer That Question’ of Where Constitution Authorizes Congress to Force Americans to Buy Health Insurance
Wednesday, November 11, 2009

McCain Says Health Care Bill Would Face Constitutional Challenge
Friday, November 06, 2009

Sen. Reed: Forcing People to Buy Health Insurance is Constitutionally Justified Because It’s Like Making People ‘Sign Up for the Draft’
Thursday, November 26, 2009

Sen. Warner: 'No Place in Constitution Says Health Care'
Friday, September 04, 2009 EST
Copyright © 2009 Bob Hubbard. All rights reserved.