Americans supporting candidates other than Donald Trump had 17 months to make the case to America why he shouldn’t be the next President of the United States. Based upon the rules set forth in the Constitution and subsequent election laws passed over the last 220 years that every candidate agreed to when they initiated their campaigns, Trump won the election. This matter is settled with one viable exception.

Before we get to that exception, let’s discuss the things that are not exceptions to the rules. They are relevant because they’re currently being used by the left in an attempted to sabotage Trump’s victory. As a proud member of the new Federalist Party, it disgusts me that so many Democrats are attempting to invoke the safeguards set forth by our founders to subvert the powers of the electoral college and prevent Trump’s ascension to office.

Fear of ridicule, harassment, persecution, or physical harm are not valid exceptions for electors to change their votes. It’s a sad state of affairs that we have to point this one out, but that’s the tactic that many Democrats are using today. Attempting to bully electors isn’t just immoral. It’s against the law, but it’s worse than that. It’s an action that eats away at the foundation of this nation.

Admiration of Hollywood celebrities and their “enlightened” perspectives is not a valid exception for electors to change their votes. The ridiculous video many of them put out in a plea for electors to change their votes is allowable and almost admirable… if you forget that it’s a ridiculous video. While I’m skeptical about its actual core intention, if we take it at face value, it’s still pretty silly. Again, the attempt would be admirable in a way because it’s a protected expression of an opinion, but in this case their opinion is futile. Even if their message succeeded, it wouldn’t change the result of the election.

Lastly, mass media anti-Constitution propaganda pushed from the highest office in the land and spread through the Democrats’ mainstream media minions is not a valid exception for electors to change their votes. We are a constitutional republic with an electoral college safeguard in place to make sure the worst-case scenario doesn’t happen. Trump may be the worst-case scenario in the minds of many Democrats just as President Obama was the worst-case scenario in the minds of many Republicans, but neither represented a true existential threat to America. Obama did damage, but we can recover. Trump will do some good and some bad, but it’s unlikely that he will single-handedly propel us into the abyss.

That brings us to the viable exception. Of the pieces of the Constitution that were debated by both sides, the electoral college was the most agreeable. It was called “excellent if not perfect” for one important reason. Their fear in the 18th century is possibly a relevant fear today. They believed that the electors could have the discernment necessary to make certain the next President wasn’t planted by a foreign power.

In The Federalist #68, Alexander Hamilton wrote:

Nothing was more to be desired than that every practicable obstacle should be opposed to cabal, intrigue, and corruption. These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one querter, but chiefly from the desire in foreign powers to gain an improper ascendant in our councils. How could they better gratify this, than by raising a creature of their own to the chief magistracy of the Union? But the convention have guarded against all danger of this sort, with the most provident and judicious attention. They have not made the appointment of the President to depend on any preexisting bodies of men, who might be tampered with beforehand to prostitute their votes; but they have referred it in the first instance to an immediate act of the people of America, to be exerted in the choice of persons for the temporary and sole purpose of making the appointment. And they have excluded from eligibility to this trust, all those who from situation might be suspected of too great devotion to the President in office. No senator, representative, or other person holding a place of trust or profit under the United States, can be of the numbers of the electors. Thus without corrupting the body of the people, the immediate agents in the election will at least enter upon the task free from any sinister bias.

In short, the founders didn’t simply want to prevent a bad choice for President. They wanted to prevent corruption in any form but specifically corruption by foreign powers. While some might make the case that Trump has too many connections to Russia, it’s hard to imagine that he’s an actual foreign conspirator planted in office to bring down the country. I could easily make a case that Hillary Clinton was even more likely to be influenced by foreign powers had she been elected, but she thankfully was not. With that said, I have called on conservative media to help sort this whole Russia business out.

If electors truly believe that Trump is a Russian plant who will intentionally bring down the nation on orders from Vladimir Putin, they should exercise their rights as electors to prevent it. If they believe the more likely scenario that he’s a patriotic American who wants to forge a good relationship with Russia, then that’s simply not viable grounds to change their vote. For the sake of as smooth of a transition of power as possible, the electors should vote for whoever their state’s voters selected as President. The final tally should be 306 to Trump, 232 to Clinton.

Federal regulations place an enormous burden on our economy.  They are strangling every individual and business with red tape.  Earlier this year the Competitive Enterprise Institute released this report detailing the exact size of this regulatory nightmare.  Here are some highlights from that report.

  • The total cost of regulatory compliance for 2015 alone was $1.885 trillion
  • The cost per household that year was $15000
  • 80000 pages of federal rules and regulations were added to the federal register that year
  • There are about 60 different federal agencies writing regulations

The vast majority of these regulations violate several fundamental clauses of the United States Constitution.

All of these regulations are written by departments of the Executive Branch or by independent agencies.  This violates Article I Section 1 which states:

All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

The legislative branch has been derelict in its constitutional obligations.  For the past several decades both houses of congress have written laws which have delegated legislative power to these regulatory agencies.  Congress does not have the authority to delegate legislative authority to anyone.  They are not granted that power.  John Locke, one of the primary influences of the framers of the Constitution, was quite clear on this when he wrote his Second Treatise on Government:

The Legislative cannot transfer the Power of Making Laws to any other hands. For it being but a delegated Power from the People, they, who have it, cannot pass it over to others. The People alone can appoint the Form of the Commonwealth, which is by Constituting the Legislative, and appointing in whose hands that shall be. And when the People have said, We will submit to rules, and be govern’d by Laws made by such Men, and in such Forms, no Body else can say other Men shall make Laws for them; nor can the people be bound by any Laws but such as are Enacted by those, whom they have Chosen, and Authorised to make Laws for them. The power of the Legislative being derived from the People by a positive voluntary Grant and Institution, can be no other, than what that positive Grant conveyed, which being only to make Laws, and not to make Legislators, the Legislative can have no power to transfer their Authority of making Laws, and place it in other hands.

Regulations written by these regulatory agencies are treated as the law of the land even though they are never passed by both houses and signed by the president.  This is in violation of Article 1 Section 7 of the Constitution, which defines the formal legislative process.

The US Constitution created a limited federal government with only clearly defined powers, which are spelled out in Article 1 Section 8.  All other powers are left to the individual States.  This is declared in the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

These regulations violate the Tenth Amendment because they grant the federal government the authority to regulate in areas not contained in the powers enumerated in Article 1 Section 8.

The federal government treats these regulations as if they are the law of the land, in violation of the Supremacy Clause, which is Article 6 Section 2:

This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.

Because these regulations violate several provisions of the Constitution, they are not in pursuance of the Constitution; therefore they are not the law of the land.

Since all of these regulations already violate several articles of the Constitution, a constitutional amendment preventing the federal government from implementing this regulatory nightmare is not the solution to this constitutional crisis.  Thomas Jefferson proposed the solution to this crisis when he wrote the Kentucky Resolutions of 1798.  The States must refuse to implement these unconstitutional regulations and the States must refuse to help the federal government implement them.

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Contrary to what is taught in colleges and promoted by the media today; the government created by the US Constitution is not a democracy, it is a constitutional republic. About a century ago progressives began systematically transforming this country from a constitutional republic into a European style parliamentary democracy. They accomplished this by elevating laws passed by congress, executive orders, federal regulations, and Supreme Court decisions to the status of the supreme law of the land, while completely ignoring the actual text of the Constitution, which is the supreme law of the land.

In recent decades, progressives have taken this transformation well beyond turning this nation into a parliamentary democracy. They have created a form of government that is more dangerous by greatly increasing the power and scope of the Executive Branch. President Obama now wields almost unlimited legislative power through his unconstitutional use of executive orders.

This fundamental transformation has also included the creation of a fourth branch of the federal government. This branch consists of an army unelected bureaucrats who control virtually every aspect of our lives.

The Constitution created a bottom up government hierarchy, with the federal government as the weakest tier. Local governments were supposed to have the most influence on our daily lives. States were meant to be mostly independent nations tied together by a weak central government. The federal government lacked the power to reach down and affect the lives of those living inside the States. This has now been completely reversed by progressives. Virtually every aspect of our lives is closely regulated by the federal government.

These fundamental transformations, which have been greatly accelerated by President Obama, have produced disastrous results for everyone. To reverse these disastrous transformations, “We the people” must restore our government back to a constitutional republic. Here is my step by step guide to accomplishing this.

We must educate ourselves

I would highly recommend everyone read:

The Notes on the Debates in the Federal Convention
The Federalist Papers
The Anti-federalist Papers
The 5000 Year Leap, by W. Cleon Skousen
The Making of America: The Substance and Meaning of the Constitution, also by Skousen.
The Kentucky Resolutions by Thomas Jefferson
The Virginia Resolutions by James Madison

The Kentucky Resolutions and the Virginia Resolutions are essential reading because they contain the blueprint for restoring our constitutional republic.

We must educate others

Please share this article with as many people and groups as possible thru Facebook, Twitter, and other social media outlets. Please read the texts I mentioned in the previous section and share that knowledge with as many people as possible.

We must educate our State governments.

Most members of State governments are completely oblivious when it comes to the extent of the restorative powers that the States can wield when dealing with a federal government that has exceeded its constitutional limitations. Thomas Jefferson wrote the Kentucky Resolutions in response to the Alien and Seditions Acts,which were passed in 1798. Here is section one:

Resolved, That the several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral part, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

James Madison echoed Thomas Jefferson when he wrote the Virginia Resolutions. The constitutional doctrine laid out in these documents, which is called nullification, is the single most important tool for restoring the federal government to its constitutional boundaries. To implement nullification States need only to declare that a certain action by the federal government violates the Constitution, therefore it is null and void, and the State will not enforce it. States can use nullification on all federal laws, regulations, executive orders, and Supreme Court decisions that violate the Constitution. This process is independent from the Supreme Court.

We must make nullification a major campaign issue.

It is vital that we ask every elected member of State government if they support nullification as a means of restoring our constitutional republic. If they do not, we must find alternative candidates that do, and we must make every effort to get them elected.

I do not believe the Article 5 amendment process is the answer.

The federal government has completely ignored or distorted every single clause of the Constitution and every single amendment. I firmly believe the federal government will do the same with any new amendment that is ratified. The federal government will not reform itself. Under the Constitution, the States were always meant to be the ultimate restorative force.

Please check out my previous articles:

Politically Correct equals Newspeak
The Intoxicating History of Beer
Climate Change Has become a religion
Freedom of Religion not Freedom From Religion
Time to bust some Second Amendment Myths

A note from DaTechGuy: This is the last week of Da Magnificent Tryouts. If you like Jon’s Piece(s) and want him to stay now is the time to hit DaTipJar in his support and share his pieces




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It’s not always fun being a conservative in California. When election day comes around, I’m used to casting my symbolic vote knowing that none of my candidates for national races have a chance of winning. It was the opposite when I lived in Oklahoma. I couldn’t lose. Oh, what fun it would be to live in a swing state. Then again, I would probably be out knocking on doors and making phone calls rather than spending my time reaching an online audience.

There’s a solution that makes total sense, at least for the Presidential vote. Nebraska and Maine have adopted electoral college vote distribution systems that make for a much more interesting scenario. The way the system currently works in the rest of the states, only a handful can have an impact on the election. All of the others are considered safely in the pocket of one party or the other. Only in swing states do the people get the full attention of Presidential candidates. You won’t see Hillary Clinton spending too much time in Texas between now and election day.

In Nebraska and Maine, the winner of the statewide vote gets two electoral votes while the winner in each individual congressional district gets one. This would change the dynamic from having swing states to swing districts. Candidates would be forced to hit nearly every state. It wouldn’t be prudent to ignore entire blocks of the population as it is today.

The Constitution allows states to determine their method of distribution. This is as it should be and I am not an advocate for abolishing the electoral college in favor of using the popular vote. Madison and Hamilton were right in believing that the nation needed to be essentially protected from the potential tyranny of the majority by adopting the tenets of a republic over a pure democracy. If it ever comes down to it, we may have to call on people to change their electoral vote to prevent the wrong move by the majority.

What Nebraska and Maine do is allow for better distribution of attention by the candidates. A Republican would need to come to California for more than fundraising because he or she would have a chance of winning votes in Orange County and a few other congressional districts. President Obama won the only electoral vote from Nebraska cast for a Democrat in the last five decades by picking up the Omaha congressional district. By getting all of the states to adopt this measure, it would be necessary for candidates to spread their message and campaign spending to the whole nation rather than putting all of their focus on the handful of states that could swing in their direction.

Today, my vote for President is absolutely worthless while my friend’s vote in Ohio is crucial. That’s not the way that the founding fathers envisioned it. They never intended for 17% of the population to have all of the power in deciding a Presidential election. They simply wanted to protect against the potential pitfalls of a true democracy. That’s why they put it in the Constitution. That’s also why they left it up to the states to decide how to distribute those electoral college votes.

I won’t say that there are no pitfalls, but the positives clearly outweigh the negatives in my humble opinion. No vote should be worthless and no vote should be crucial. It’s impossible to make them all equal without switching to a democratic system, but a more sensible approach would change the dynamic for the better while staying within the original boundaries laid out in the Constitution.

Some may say that it’s impossible and they are probably right. Others might say that it would disproportionately favor Democrats. We tend to believe that when it comes to Congressional districts, but here’s the reality: if every state and DC had Nebraska’s and Maine’s system in 2012, the electoral college vote would have swung in favor of Mitt Romney. He would have had 274 electoral votes and we wouldn’t be discussing how bad Obama’s second term has been for the country.

A note from DaTechGuy: I hope you enjoyed JD Rucker’s piece. Remember we will be judging the entries in Da Magnificent tryouts by hits both to their post and to DaTipJar. So if you like Mr. Rucker’s work, please consider sharing this post, and if you hit DaTipjar because of it, don’t forget to mention Mr. Rucker’s post is the reason you did so. If you missed his previous pieces they are: The one word to associate with Hillary that would doom her camapign and Trump is Exactly Where He Wants to Be Despite GOP ‘Chaos’




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The_Peacemakers_1868
(L,R) Generals Sherman and Grant, President Lincoln, and Admiral Porter. Linked attribution.

by baldilocks

Originally posted on December 10, 2009.

While hanging out yesterday at Ace’s yesterday [sic; December 9, 2009] as he was flogging racists, I happened to mention that many if not most black Americans view the federal government as beneficial and friendly.  Some other commenters were surprised and I was surprised at their surprise, because it isn’t difficult to figure out why this is.  Whether it’s the Emancipation or the desegregation of the Armed Forces or Brown v. Board or the Civil Rights and Voting Rights Acts, the federal government for the most part had seemed to be on the side of the black American as his constitutional rights were being oppressed by state or local governments.

What needs to be spelled, however is what the federal government did in the above-mentioned areas: it legally removed obstacles to the life, liberty and pursuit of happiness of Americans who are black.  And that is what it was supposed to do.

The present problem in my unlearned opinion is this: the federal government began overstepping its bounds during the Great Depression and did so most infamously in the late sixties via the Great Society programs.  Doing more that getting local racists out of the way, the federal government sought to and succeeded in making itself the suppliers of life, liberty and, putatively, the happiness of many black Americans.  (Try telling a senior of any race that Social Security is sending the country to financial ruin. You’ll get an earful about her “rights”.)

And even many black Americans who do not rely on the federal government still view the fed as our friend because of that history.

What’s needed in order to change this perception is obvious: education–not a new education but the old one, one which contains an objective explanation of the role of government.

Simply put, the role of the American government is to remove obstacles to liberty of the People–even when that obstacle is American government itself.  Supplying all of one’s needs is not government’s role.  That’s God’s purview.

We all remember President Obama’s statement containing the assertion that one of the flaws of the US Constitution was that is only contained a  list of “negative rights,” meaning negative government “rights.”  The idea that a Harvard-trained lawyer thinks that the government has rights or that there was no list of positive responsibilities assigned to government was mockable.  (Hey, you voted for him.)

But what the statement betrayed was a widespread misconception present in those of us who aren’t lawyers of any variety of a friendly fed whose role is to insert itself between God and man’s liberty and to redistribute wealth (aka stealing).  The notion that the founders “forgot” to address this is hilarious.

So when the Democrats came to full power [in 2009], they began to build on the foundation that Democrat Presidents Franklin D. Roosevelt and Lyndon B. Johnson laid.  The good news?  Between Socialized Medicine, Cap and Trade, TARP, etc., the federal government’s active role in overstepping its bounds–in crippling America–is opening the eyes of Americans of all races.  The bad news: there may not be an America left when the federal locusts finish.

Juliette Akinyi Ochieng blogs at baldilocks. (Her older blog is located here.) Her first novel, Tale of the Tigers: Love is Not a Game, was published in 2012. Her second novel will be done in 2016. Follow her on Twitter.

Please contribute to Juliette’s JOB:  Her new novel, her blog, her Internet to keep the latter going and COFFEE to keep her going!

Or hit Da Tech Guy’s Tip Jar in the name of Independent Journalism—->>>>baldilocks

By Steve Eggleston

In case you haven’t heard, the Senate Foreign Relations Committee, chaired by Sen. Bob Corker (R-TN), unanimously reported favorably out of committee a bill that supposedly gives Congress a “right of refusal” on any agreement between the civilized world and Iran on Iran’s nuclear ambitions.

My immediate reaction, in the comments section of the Hot Air post, was that this is the “logical” extension of the 2011 cave on the debt ceiling to foreign policy. To wit, it’s a changing of an active Congressional approval to one of active Congressional disapproval in order to con those of us outside the DC bubble.

Andrew McCarthy has a longer explanation of this. As part of this, he links to the text of the bill itself, and a read of it is quite discouraging. Indeed, it’s nothing more than Kabuki theater.

The big item that is part of Corker’s bill is that it completely accedes to the notion that whatever agreement is reached is not only is an “executive agreement”, but one that requires no actual Congressional approval, much less the 2/3rds approval by the Senate a treaty requires. In fact, the bill explicitly allows for the waiving of all the sanctions against Iran if there is no action taken by Congress. In that respect, it’s worse than the various iterations of the “fast-track” trade negotiation authority that had existed for nearly the last 4 decades. Fast-track at least required the active approval of Congress.

With that said, given there wouldn’t be 2/3rds of Congress willing to override a Presidential veto of a maintenance of sanctions, it really doesn’t matter. According to the Congressional Research Service (courtesy the Federation of American Scientists), all of the statutory sanctions can be waived, and many of them outright terminated, by Presidential authority. In fact, the “prohibition” on those waivers during the Congressional review period specifically doesn’t apply to those made by mid-May, and arguably any made prior to the submission of a final agreement to Congress.

One could point to the fact that Congress would get semi-annual reports on Iran’s compliance with a nuclear deal, with an expedited consideration of a reimposition of sanctions as punishment for non-compliance, as a “positive”. However, given the punishment would require 2/3rds of both houses of Congress (after an Obama veto) to happen, and thus wouldn’t happen, it is equally meaningless.

I was talking with a friend of mine recently about some issues that arise on the nightly news.  Many of these revolve around the Constitution and various things that show up on the nightly news about this document.  The friend was also an Army Veteran and between the two of us have spent enough years in uniform that we like to know what it is we are/were defending.  So this topic does come up.

In particular this conversation revolved around the fifth Amendment.  So for review here is the original text:

Original Text of the Fifth Amendment to the Constitution of the United States

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Discussion

This Amendment is usually not one that is argued terribly often, with one notable exception, however it is invoked in ways that it may not apply, and recently.

It basically tells us that the police (or other government authority) can’t hold a Citizen for an unreasonable amount of time (discussed below) without being charged of a crime.  Being charged with a crime means there will be a trial. But, people will complain, there is a long time while the person is in confinement before their trial. This is due to the gathering of evidence phase, not because of anything else.  You can argue what reasonable length of time is but that is where we must argue, not the validity or invalidity of being held.

In other words, despite what prime time television shows have told us, we can’t be thrown in jail, have the key thrown out, and never see the light of day again.  That is, without being charged with a crime.

As we mentioned this is usually not argued by too many people, as even drug dealers and murders see their day in court.

The notable exception to this is the prisoners from the Global War in Terror that to this day still reside at a prison at Guantanamo Bay Cuba.  These prisoners went a very long time without being charged with anything.  Here is the government argument for that exception.

They are not United States Citizens; they are not inside the United States and therefore not subject to our laws and privileges.  They are, and this is where it gets sticky, on a Military Base.  Those are generally considered US Territory.  We really don’t know exactly how that one is gotten around, but somehow it is.

On top of all of that they are considered to be Prisoners of War. While we are required by the Geneva Convention to treat them with basic human rights, they don’t fall under our judicial system.

Is this government argument correct?

Maybe, but maybe not.

That is beyond the scope of this discussion and could probably fill book after book by itself (if you look on Amazon there may already be one).  However, the Constitution does only apply to Citizens of the United States and really only to the area of the globe inside our borders.

The Constitution, and the rights guaranteed by it don’t extend everywhere.  For instance, in Iran one cannot reasonably expect to have the right to indefinite detainment without being charged with a crime.  There, you can be thrown into a prison for no apparent reason and the Constitution of the United States can’t protect you, even if you are a US Citizen.

Another recent possible Fifth Amendment issue in the recent news cycles concerns the Internal Revenue Service.  There was a controversy of them holding up and allegedly harassing groups with one (and only one) political ideology.  That is the claim.

How true is that claim?

Well…enter the United States Congress doing an investigation (what could possibly go wrong now).  The Congress questioned an IRS official, and that official “took the fifth” and refused to answer questions (presumably so they wouldn’t incriminate themselves).

Here is the interesting bit.

That same official was offered immunity for any wrongdoing then pulled back in front of Congress.  So, this amendment says you can refuse to answer so you don’t incriminate yourself.  This person can’t possibly incriminate themselves in the commission of a crime…they have immunity.

So do Fifth Amendment rights pertain to this?  Can this person officially refuse to answer questions without being held in contempt of Congress (for which they can be thrown in jail)?

It is an interesting Constitutional question.

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Today on Morning Joe came the full court press for Gay Marriage. At the table for the “republican” side is Nicole Wallace & Steve Schmidt architects of the great GOP defeat of 2008 where they don’t bother to have a single person to challenge them on their bias.

The amazingly weak arguments presented were something and Nicole Wallace claim that you could not find young conservatives at CPAC who opposed Gay Marriage was so blatantly false that only a MSNBC audience could fall for it.

The attempt to create rather than report news like the MSM ignoring the vast amounts of young people marching every January for life is independent of the reality of the situation, but while the panel blissfully ignores the consequences of the debate everyone passed over the single most egregious and outrageous statement that was made concerning the upcoming decision.

Walter Isaacson that the Supreme Court justices would make their ruling based not on what the Constitution or the law says, but on what a particular Judge might fear their Wikipedia Entry might look like in a year or two.

Run that through your head for a second, this journalist (journo-list), this acclaimed author and head of a “non-partisan” organization is suggesting that Supreme Court should rule based on the fear of what someone might put in a Wikipedia entry in a few years and not a single person at that table took exception to the concept of justice by Wikipedia Entry

Imagine for a second if things like the 1st amendment or the 2nd amendment or freedom of religion took place were decided not by the written constitution, not by law or precedent, but on the fear that someone might think of them as “not progressive enough”.

If you aren’t horrified by this, then frankly you don’t deserve the right that our forefathers fought for.

As for the inevitability of this issue, there is a wild card to be played, and that card will be deployed from 4000 miles away but that’s a different post….

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Is that a bargain or what?





When the cat’s away, the mice will play.  While Da TechGuy is in Maine with DaWife, I’m running amok on his blog.

In one of my ConConCon posts, a commenter stated that there was a “de facto right to health care” because of the requirement that emergency rooms treat patients.  Now, our intrepid commenter should learn the distinction between de facto and de jure rights, as well as to understand that EMLATA only applies to hospitals which accept funding from Health and Human Services, and only to those who are in the throes of a medical emergency, or women in active labour.  It’s quite a jump from there to free doctor’s visits, liver transplants, contraception, transsexual reassignment surgery, chiropractic work, or prescriptions.

My response to this nonsense about the “right to” something is the same as it has always been: giving people the affirmative, positive right to something means that someone else has to provide that right or face the wrath of the government, via the seizure of his property or freedom.  The reason that the Bill of Rights starts with “Congress shall make no law” (emphasis mine) is that the fundamental basis of our rights is the right to be left alone.

The so-called “right to health care”, as envisioned by the Left, is a “right” which requires physicians to provide their services at the price mandated by other people – physicians who worked themselves to the bone throughout high school, college, medical school, and residency, with piles of student loan debt, who are then told that other people have a “right” to their services.  To put this nonsense into lefty-speak, that’s like saying that someone has a “right” to take Elizabeth Warren’s class, even if that person is a hick from the South who isn’t qualified to be admitted into Harvard.  Likewise, the right to keep and bear arms does not mean that the Brady Bill peeps have to buy guns for any redneck schmuck who can’t afford his own.

The negative right to health care – i.e. the right to seek health care without the interference of the government – is no small matter.  In Bahrain, physicians who treated injuries brought by police officers onto protestors have been sentenced to years in jail:

The official Bahrain News Agency reported that eight people it identified as doctors who worked at a central hospital in the capital, Manama, received 15-year sentences. Other medical personnel at the Salmaniya Medical Complex, Bahrain’s largest public hospital, were given terms of between 5 and 15 years.

That, my friends, is why we have a negative right to health care: the right to seek health care without the government arresting our physicians.  It does not mean that we get to commandeer the services of a doctor, or do so indirectly by taking over a hospital.  When a government gives its citizens the “right to health care”, they are removing the negative rights of physicians to provide health care on their own terms, the negative rights of everyone else to not have to support a stranger without being thrown into prison, and it ignores the reality that our great country was founded upon negative rights.  The sleight-of-hand makes it easier to erode all of our negative rights, including the right to access health care without the government nosing into your business.

Earlier today, Glenn Reynolds gave the “Keynote from the Right” speech; Larry Lessig will be providing the same, from the Left.  The gentleman making the introductions is speaking about how consultants provide a buffer between big-money corporate interests and the general public, such that it can appear to be more grassroots or otherwise not affiliated with the corporation in question.

Josh Silver is advocating for better funding of elections, decrease of special interests, etc.

Larry Lessig: “I’m not in this fight for a constitutional convention for academic reasons.”  It is “essential to solving a critical problem of democracy that we face.”  He promises to fail in being the Left keynote speaker tonight, and that the Right will agree with him.

“There are a thousand hacking at the branches of evil, to the one who is striking at the root.”  ~Henry David Thoreau, 1846.  Hence the genesis of “Rootstrikers.”  “Government is an embarrassment; it has lost the capacity to make even simple decisions.” The view that government doesn’t work is a view shared across the political spectrum.  The only institution with a support of the majority of Americans is the only non-democratically elected one: the Supreme Court.

Heavy use of slides. We now have a sponge on a brain – brainwashing.

Continue reading “Live-Blogging ConConCon: Larry Lessig, from the Left”