Tag Archives: government

A Thought on Iron Curtains

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Shortly after World War II, Winston Churchill spoke of an Iron Curtain descended across Europe. The curtain was made concrete with the erection by the Soviets of the Berlin Wall in 1961. The purpose of that wall was more than simply to divide the USSR and its occupied territories from the rest of Europe; it was to keep the people inside that wall—inside the USSR or those occupied territories—from leaving for a better place, for a place where freedom and individual choice could be had.

Shortly after our Revolutionary War, our Founders wrote, and We the People ratified, our Constitution and its attendant Bill of Rights, which include the 10th 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.

So was born a Federation and ultimately 50 laboratories of democracy, particularly as described by Supreme Court Justice Louis Brandeis in New State Ice Co v Liebmann when he wrote in his dissent how a:

state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.

Now keep in mind the concern of John Jay who, while the Constitution was being drafted in those fateful summer days, considered that, in contrast to the failing Articles of Confederation, the States should be reduced to the same relationship to the proposed central government as counties then had relative to their States (although, in the event, he strongly advocated ratification of the Constitution itself):

merely as districts to facilitate the purposes of domestic order and good government.

Next, consider these activities of our Federal government:

  • it terminated the democratic discussion in progress among and within the several states concerning abortion and when it might be appropriate or inappropriate, nationalizing the thing in Roe.
  • it terminated the discussion in progress among and within the several states concerning the nature of marriage, nationalizing the thing in Obergefell.
  • it terminated the democratic discussion in progress among and within the several states concerning the provision of health care and of health insurance, nationalizing the thing with the Affordable Care Act.
  • it terminated the democratic discussion in progress among and within the several states concerning the market behavior of private enterprise, nationalizing the thing with Dodd-Frank.
  • it removed from all possibility of local discussion the relationship between private enterprise and private citizens with the creation of the wholly unaccountable Consumer Financial Protection Bureau.

The list goes on.

The USSR’s physical iron curtain was designed to keep people from leaving in an era when they had a place to go to. There is another kind of iron curtain, though.

Our government is no longer requiring—as the Constitution above it does in Article IV, Section 1—that every state honor the decisions of every other state. Rather, it’s demanding that every state behave the same as every other state.

With the reduction of our 50 laboratories of democracy to mere districts to facilitate the purposes of the Federal government, this government is erecting a legalist iron curtain by deprecating the 10th Amendment, and so denying Americans a place to go to, denying us any place more compatible with our individual views, needs, moral imperatives.

Personal Servers are Secure

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Sure they are. They were inside Hillary Clinton’s house, which itself was guarded by the Secret Service. Furthermore, we have it on the highest authority that there was nothing untoward on those servers. Clinton has said, after all,

I did not email any classified material to anyone on my email. There is no classified material. I’m certainly well-aware of the classification requirements and did not send classified material.

Ex-UN Ambassador John Bolton had some thoughts on one thread of emails, and he disagreed with the UNCLASSIFIED marking at the bottom of the first email in the thread.

I think the information in the email is clearly classified. If I were engaged in the negotiation on that subject reporting back to Washington, my reporting cable would be classified.

They’re dealing with the possible US military operation, sensitive negotiations among NATO partners, talking about US objectives and political arrangements and possible objections to the deal from key partners so all of these at secretary of state level is extraordinarily sensitive.

Apart from hackers, the security of an email server is only as good as the security of the users of the email server. When folks send classified email, the server(s) handling it become classified, whether that was the intent or not.

Clinton is mistaken in claiming her personal server did not handle classified emails.

Gun Control

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Or just control.

One guy, Cody Wilson, worked out a way to make pistols out of plastic and a 3-D printer, posted the information on the Internet, and tried to start a business out of the thing. Nothing secretive here; he wasn’t trying to hide anything.

The technology will break gun control. I stand for freedom[,]

he said.

But

…Wilson’s invention also caught the attention of the State Department, which came after him with both barrels blazing. The feds claimed Wilson violated the International Traffic in Arms Regulations, which “requires advance government authorization to export technical data,” and as a result, could spend up to 20 years in prison and be fined as much as $1 million per violation.

Wilson was ordered to remove the blueprints for The Liberator from his web site. The government also told him they were claiming ownership of his intellectual property.

Never mind that the “international arms trafficking” beef has no basis, unless simply identifying where firearms can be obtained and how to obtain them are somehow trafficking. Never mind that the “technical data” are old technology: 3-D printing is years old, and anyone can write a printing program. Nor is there anything magic about the plastic that is the printer’s ink. Indeed, that’s a major drawback for these 3-D weapons: they wear out quickly.

No, this is just an overreaching government trying to control for control’s sake. Nothing else.

A Proper Ruling

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And by Article III judges….

The Second Circuit appellate court has ruled in favor of individual liberty, privacy, and free speech all in one ruling.

[The Second Circuit] ruled Thursday the National Security Agency’s controversial collection of millions of Americans’ phone records isn’t authorized by the Patriot Act, as the Bush and Obama administrations have long maintained.

The Court held, in part,

…we hold that the text of [the law in question] cannot bear the weight the government asks us to assign to it, and that it does not authorize the telephone metadata program. We do so comfortably in the full understanding that if Congress chooses to authorize such a far‐reaching and unprecedented program, it has every opportunity to do so, and to do so unambiguously. Until such time as it does so, however, we decline to deviate from widely accepted interpretations of well‐established legal standards.

Indeed. The question is a political one and not a judicial one. It may be that Congress will screw this up and authorize the thing, but in that event we have recourse: we can fire the blackguards in an upcoming election and select, instead, representatives who understand our rights as free men.

The court’s ruling was based on one of the core questions regarding this law:

[T]he government takes the position that the metadata collected—a vast amount of which does not contain directly “relevant” information, as the government concedes—are nevertheless “relevant” because they may allow the NSA, at some unknown time in the future, utilizing its ability to sift through the trove of irrelevant data it has collected up to that point, to identify information that is relevant. We agree with appellants that such an expansive concept of “relevance” is unprecedented and unwarranted.

Sorry guys—no fishing expeditions, either.

The Second Circuit’s ruling can be read here.

Embarrassingly Dysfunctional

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To coin a phrase, this is embarrassing, a Department like this.

Ignored claims, manipulated records, cost overruns and even one facility infested with insects and rodents are among the latest issues uncovered by a blistering VA Inspector General’s report. The auditor’s probe found that more than 31,000 inquiries placed by veterans to the Philadelphia Regional VA office call center went ignored for more than 312 days, even though they were supposed to be answered in five. Perhaps even worse, claim dates were manipulated to hide delays, $2.2 million in improper payments were made because of duplicate records, 22,000 pieces of returned mail went ignored, and some 16,600 documents involving patient records and dating back to 2011 were never scanned into the system.

This is a year after the Veterans Administration promised, to Congress and to us, that they were cleaning up their act.

Disband the Veterans Administration; it’s an affront to our veterans and an embarrassment to our nation. Use the VA budget for vouchers for vets. No more delay. Our vets can’t wait.