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Posts Tagged ‘Judicial Activism’

1.  Getting up early and being informed is for suckers.
The nice thing about being President is that your daily calendar is published for God and the whole world to see.  The bad part is that everyone can see that the current occupant of the West Wing doesn’t do that much.  Maybe everything George W. Bush’s fault six years into the new administration because he actually started his day before 10 am, and actually attended security briefings.

2.  At no time was anyone in the Obama Administration actually aware of what the Obama Administration was actually doing.
It doesn’t matter what the issue is.  Gun running to narco-terrorists south of the border?  Nope, they knew Nussink! One-size-fits-none “health care” in the VA being rationed to the point of death? Thank you television news for bringing it to our attention.  IRS targeting of groups with opposing political affiliation? The Devil you say! (These aren’t the emails leading to the White House that you’re looking for) An ambassador and his defenders attacked and a President MIA while those brave Americans died calling for help?  Damn that film maker for posting a movie that the jhadis probably didn’t have any means to watch anyway!  We took over a car maker in bankruptcy, but at no time were we aware of any mammoth manufacturing defect for which we fined the car company a record fine for attempting to cover up, while we were the ones owning the company.

3.  Every situation and scenario can be adequately addressed with a furrowed brow and a stern condemnation.
No matter the crisis, no matter the problem, no matter the failure of the person who asked us for the job twice, the answer is the same.  Words of outrage, a furrowed brow, an empty gesture.  I’d pay real money to hear someone, anyone in the White House Presstitute Corpse ask Spokesclown Jay Carney why the empty suit who keeps saying “I will not rest until…” has to take so many vacations and starts his day so close to Noon every day.  What would be better is if that is followed by another member of the Presstitute Corpse following up by channeling Inego Montoya by saying “He keeps saying “I will not rest until…”, but I don’t think that phrase means what he thinks it means.  I don’t see bags under his eyes, and they don’t appear to be bloodshot, either.”

4.  If a problem isn’t solved by throwing money at it, then the only answer is to throw more money at it.
The pResident who campaigned on fixing the problems with the VA made sure that more money got put into the VA, and in the face of some questions from the Presstitute Corpse on the continuing failure of the VA, his spokesidiots are quick to point out that he’s made more spending on the VA a priority throughout his tenure.  That’s it.  The only tools in their toolbox are to say that they are “Mad as hell” and throw more money at the problem.

5.  Accountability is a word to be spoken when campaigning and in front of microphones when your failure can no longer be concealed.
But at no time does it ever mean that someone should actually lose their job because things went wrong and people died on their watch.   Because if such a thing were to happen, someone might get the idea that the buck should actually stop with the occupant of the Oval Office, and then he’d have to pay for his family’s extravagant lifestyle.   But as a famous member of this administration once famously asked “What difference does it make?”

6.  There is no lie too big, too stupid, or too insulting to say in an attempt to deflect deserved criticism and anger.
At no time has this administration ever acknowledged the first rule of being in charge, which is that EVERYTHING is your fault.  In the magical world of the Obama Administration, government is the answer to every question, and when government fails, it is:

(a) George W. Bush’s fault;

(b) Your fault, because you have some misguided notion that government’s authority is actually limited because it cannot hope to do many of the things it attempts in a responsible and efficient manner;

(c) ATM’s;

(d) George W. Bush’s fault; and

(e) Someone, anyone else’s fault…be it a film maker, or 1/2 of 1/3 of government…anyone but the person who asked to sit in the big chair and be the chief executive.

7.  Laws are for other people.
I’ve written extensively about the lawlessness of this administration, and how we are only a nation of laws when they can be applied to opponents, not members of the administration, and their own ultra vires activities…a legacy that is corrosive to society, because it correctly creates the impression of selective enforcement and punishment, and because it fosters a contempt for the law and legal processes as a means of peaceful dispute resolution.  These are hallmarks of a banana republic, not a constitutional republic.

8.  You don’t have to deliver results.
All that matters is that you convince people that you just care more than the other guy.  Which is why this administration doesn’t deliver results (well, that and the fact that they have no idea how to do so), but they do a hashtag selfie better than any other government in the world.

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With a government based on the rule of law becoming increasingly lawless with every passing day, I find the subject of rebellion on my mind more and more.  I don’t mean rebellion in the sense of the contumacious response that many of our forebears reserved for those who disregarded the notions of individual rights and liberty in favor of a distant sovereign.  I mean a deliberate and conscious effort to hinder the designs of those who “rule” without understanding, and who turn the notion of consent of the governed around so that the governed must seek the consent of the government.  Indeed, when we are burdened with a President who has voiced criticism of the Constitution that characterizes it as a “charter of Negative Liberties”, and laments the fact that it has in the past prevented government from working a top down, fundamental change, including redistribution of wealth, as a means to work “social justice” upon the country, and without a trace of understanding that this has been a feature and not a bug, reasonable men and women will observe that these are not normal times.

It is hard to maintain a fealty and respect for the offices of government when its scrutiny and muscle render so little of it those it was intended to serve.  And as the single biggest usurpation of power ever devised by man, the cruelly and ironically titled “Affordable Care Act” continues to harm Americans in greater numbers than it “helps”, despite the Administration’s near constant extra-Constitutional efforts to delay implementation of some of its more onerous provisions, I suspect that I am not the only one considering rebellion, in a myriad degrees.

I fear the disruption and chaos that would come with an open insurrection.  But with a government that disregards any semblance of limitation upon its power, or any regard for ours, I find it difficult to believe that things will improve of their own accord.  As corruption becomes the norm, and as government wears less tolerant of competitors and critics, I suspect that acts of rebellion, large and small, will become commonplace.  Lawlessness begets lawlessness.  Selective enforcement is no different from arbitrary and capricious fiat, save for the window dressing of legitimacy conferred by the fact that what is being selectively enforce having actually once been enacted by a legislature.  Without a common moral compass to act as a moderating influence, I have little faith that once contempt for the rule of law is shared equally by those charged with enforcing it, and those meant to live under it, that bloody retribution will not be a fatiguing fixture of daily life.  And still, it comes, along with the day when each person will have to decide how far is too far, what trespasses are too offensive, and what intrusions are intolerable.  As that decision is arrived at, the legitimacy of government will evaporate like morning fog on a summer lake, because once those charged with maintaining the peace have abrogated the birthright of our citizens, the social compact will be swept away, leaving those with no understanding of the philosophy and history of our legal tradition to make the laws.

25 In those days there was no king in Israel; everyone did what was right in his own eyes.
Judges 21:25

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What a great week.

We get a Supreme Court ruling on DOMA that WILL be used to attack the exercise of the First Amendment in a “historic” and “unprecedented” way, thanks to a remarkably intemperate ruling written by Justice Kennedy, who decided in his ruling in the DOMA case (United States v. Windsor) that the only purpose in opposing same-sex marriage MUST be malicious, which will be used against churches and religious organizations by a cabal of Christian Derangement Syndrome sufferers and the pink swastika wearing rainbow warriors of “tolerance”. Not content with this decision, the court also issued a ruling on the Prop 8 case (Hollingsworth v. Perry), in which the court came to the rather curious conclusion that you can have standing to be sued, but not have standing to defend against a suit. Such legal alchemy is no longer shocking to me, but the bigger implication of this suit is far more stunning. The net effect of this ruling is that the people of a state can use the initiative process to make laws that their elected officials WON’T, and if their governor and their attorney general refuse to defend against legal challenges, then the proponents of the initiative don’t have standing to defend against those same legal challenges. The silence from the usual defenders of “democracy” is disappointing, but predictable.

After the ruling was released, I was sure I heard the sound of hands rubbing together in Olympia, as the Governor and the Democrats in Olympia are making plans for the next session when the Senate can’t stop them, and they can tax to their grubby little hearts’ content, and then fail to defend a trumped-up lawsuit against an initiative telling them “No.” It will be even less trouble than having the courts do them a solid on overturning our $30.00 license tabs…again, and again, and again.

Then we have the “Tale of Two Apologies”. The first is Paula Deen, a southern cook, with a show on the Food Network and various franchises and a pending cookbook, who admitted in a deposition to having used a racist slur 30 years ago, driving the grievance pimp and race hustling industry into overdrive. Within a week, she lost her show, every business relationship she had, and her publisher dumped her on the cusp of publishing her latest cookbook, despite having given an unnecessary apology for the sin of saying a word frequently used and glorified by members of the supposedly aggrieved class. Incidents like this, and the now infamous Imus incident are proof that Eric Holder was right about us being unable to have an honest conversation about race in this country. When words are only off-limits to one class of persons, and the ones who aren’t restricted are allowed to destroy the careers of those restricted class if they admit to uttering “Voldemort” in the distant past, no honest conversation about race is possible. But at least Jesse Jackson got a few extra moments in the limelight when he offered to help Deen with her “rehabilitation”, so at least his lucrative franchise preserving this perverse status quo will be maintained.

On the other hand, we have Noted Thoughtless Pig, Alec Baldwin, once again launching himself on a gay-slur (I refuse to say “homophobic”, as it would indicate fear, and given what he said, I don’t think he fears gays, I think he holds them in contempt) laden Twitter tirade against a Guardian reporter who made some unflattering allegations about Baldwin’s wife’s behavior at James Gandolfini’s funeral. This isn’t the first time that Baldwin’s Tweeting thumbs have caused him trouble, as he’s tweeted racist slurs before. However, unlike Deen, who said “Voldemort” 30 years ago, when I last checked, Baldwin still had a cushy gig with Capital One, and hasn’t been fired by any of his other employers. While Anderson Cooper and Andrew Sullivan noted the apparent lack of outrage for Baldwin’s rhetorical diarrhea, he seems largely to have gotten a pass, despite the apology which makes claims that are incongruous with his tweets.

I’m not in favor of people having their lives and careers ruined over things they say. That doesn’t mean I’m adverse to speaking out when I think what they say is wrong, dangerous, stupid, etc. I do think that DEMANDING that people being cut off from their means of making a living because they said something that offended someone smacks just a little too much of thought policing for me to be comfortable with. It’s one thing to have no truck with people who offend you (or those who employ them), but it’s quite another to have the expectation that others must share your outrage, and participate in a particularly brutal (and arbitrary) form of collective punishment, which is to be arbitrarily and selectively applied by those who set themselves up as the judge and jury of such socially criminal acts. My contempt is reserved for the deciders who pretend to be guided by such principles as “civility” and a cockeyed notion of “fairness” that only they can mystically discern, according to a subjective standard that we mere mortals are terminally incapable of recognizing, let alone grokking. This contempt is also reserved for the mindless numbers who surrender their own discernment with nary a taxed brain cell to these morally bankrupt clods who have usurped an authority that they prove themselves too hypocritical to objectively wield when they allow such a disparity of outcome in two such similar public faux pas. I could be crass, and suggest that the lesson here is the same one more artfully demonstrated by George Orwell so many years ago in the classic “Animal Farm”, when he observed that “Some animals are more equal than others.”, a concept that seems to have escaped (I hate myself for even using this terminology) “the gay community”, which has struggled so long to enact a dubious and dishonest notion of “equality”, and was given a major victory in this campaign this week by the courts. Instead, I will say that an apology IS owed to someone, and in the great progressive tradition of claiming authority not conferred upon me, I will speak for America when I say:

“I am sorry, Paula Deen. I’m sorry that you believed in the notion of a “post-racial America”, uttered by a President that you voted for, when what he, and many in his party meant was a “Reverse-racial America”, where only white people can be racist, and any excuse to render such a verdict and execute sentence will be pursued by our “betters” in the media, and where your celebrity won’t be enough to protect you, since you failed to write checks to the “right” interest groups. Welcome to Bizzaro World.”

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