Tag Archives: government

“That’s Unconstitutional”

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Many politicians, primarily but not exclusively of the Progressive-Democratic Party, when they decry the actions of President Donald Trump (R) loudly declaim that whatever it is that he’s doing is “unconstitutional.”

It’s instructive that these worthies usually omit to cite the clause of our Constitution that’s supposedly being violated, but when they do cite something, they center their claim on the 10th Amendment.

Here is what that Amendment says:

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.

Article I, Section 10, lays out specific powers prohibited to the States:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Included in the powers not delegated is this one from Article II, Section 3:

…he shall take Care that the Laws be faithfully executed….

Here is what the Supremacy Clause of our Constitution says, from Article VI:

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.

There is nothing in the supreme Law of the Land  that has been delegated to the States or to the people. That supremacy has been retained by the Federal government, and that supremacy includes actions of Federal law enforcement agencies and their personnel in the course of their enforcement of Federal laws in Progressive-Democrat-run “sanctuary” jurisdictions; the latter’s protestations to the contrary are irrelevant.

No part of a President’s authority or obligation to enforce the Laws are reserved to the States. Nor does the 10th Amendment’s delegations include any State-level authority to block or otherwise interfere with Federal law enforcement actions.

So Much for Liberty

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Contempt for ordinary citizens is the order of the day in the United Kingdom, which has fallen and can’t seem to get up.

[T]he [British] government is moving to allow jury trials for “indictable only” offenses such as murder and “either way” offenses with likely sentences of more than three years in prison. Judge-only “swift” courts will hear cases ranging from burglary and theft to sexual assault and stalking. Judges will also sit without a jury in fraud and financial cases deemed too complex for jurors.

This is…disappointing. It’s also a revival of the 350-year-old Bushell’s Case but with the addendum of eliminating the case’s question altogether. Bushell’s Case was a trial of a couple of government-defined religious miscreants during which the presiding judge refused to accept the jury’s acquittal verdict and jailed the ringleader, Edward Bushell, until he voted for the judge-approved verdict. That case was resolved on appeal in favor of Bushell and British commoners generally, extending as the appeal finally ruled habeas corpus to those commoners as well as the nobility.

Now the British government is moving to go beyond that presiding judge’s position and eliminate juries altogether in a vast number of cases. No juries, no verdicts that run counter to the government’s position.

This revival also is a clear expression of the contempt with which British government men and women hold their subjects: commoners are just too grindingly stupid to understand many kinds of cases, and so they must be led away so their Betters can handle them without any pesky commoner interference.

Juries? We ain’t got no juries. We don’t need no juries! We don’t have to show you any stinkin’ juries!

A Brief Thought on Politics and Government

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It’s necessary to keep in mind a fundamental fact of government: government does absolutely nothing; it’s purely a hypothetical construct.

That hypothetical aspect, though, is made concretely extant by the men and women who populate a government and occupy the various positions within it. In our American case, our government is given a framework and the positions within it by our Constitution and the statutes within our Constitution that create specific Departments and Agencies and their structure. Our government—this construction—still does absolutely nothing. It’s the men and women who occupy those positions within our government who do the things vernacularly attributed to “government.”

Politics is what those men and women do. It’s politics that those men and women employ to do things, to enact statutes, execute or rescind regulations, generate legal cases for our government’s courts, and issue court decisions (yes, politics is involved in judges’ and Justices’ development of their decisions, especially at the appellate levels where groups of judges and Justices must agree at least more or less on a ruling).

Those politics center on trading off support or obstruction of this or that position in return for support or obstruction of that or this position. Every politician or court official has something to gain or lose or trade in these tradeoffs. At bottom—because we humans at bottom are venal creatures—these political tradeoffs are as much for personal gain—generally in political power, sometimes for explicit financial—as they are for the nation’s good.

And that’s the danger of politics in government: the men and women who are the real actors, in the name of government, tend to act for their own weal first and the weal of our nation, the weal of us citizens, second.

Against that framework, it’s important to consider the philosophies underlying our two major political parties. In broad strokes, one of the parties holds the position that government can solve most, if not all, of the problems us citizens face, whether as groups of us or individually. This leads to this party moving to constantly expand the role of government in us citizens’ lives.

The other party holds the position that government is necessary because some problems are best worked, or can only be worked, by government, and so statutes should be kept simple and regulations to a minimum. This leads to moves to limit government power and intrusion into our lives.

Thus, one party moves to expand its politicians’ own political power and financial gain, while the other party moves to limit those gains or at least expand them at a much slower rate.

While the two parties tend to converge, they’re not there yet, and elections still have consequences.

Two Short Steps

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The IRS has moved to cancel its “experimental” Direct File program. This is the Progressive-Democratic Party’s…exceedingly pleasurable fantasy…of the IRS online platform that lets filers prepare their taxes for free and submit them through the state.

Aside from the program’s cost ($138 per tax return, which is more than many tax software sellers charge) the editors of The Wall Street Journal noted,

The bigger problem with the program is its threat to the norm of taxpayer autonomy. The push to cut out the tax “middle man,” meaning private services, would have resulted in millions of filers letting the IRS make both the first and final determination of their tax liability and connect to their checking accounts.

Notice that: the IRS gets to connect to our private checking accounts. With Direct File, that’s a deeper connection than simply allowing the IRS to direct deposit a refund. With Direct File, the IRS has been able to extract the tax due from a tax payer’s bank account.

With the cancelation of Direct File, us tax payers, us average Americans, avoided a two-step sequence of events. The first step would have been making Direct File no longer a trial being tested in 24 of our nation’s States, but instead rolling it out nation-wide.

The second step would have been mandating Direct File for all of us.

It wouldn’t have stopped there, though. It wouldn’t be even a short step, more like a small shuffle, after that to alter Direct File to have employers “Direct File” all employees’ pay checks to the IRS instead of sending them to the employees. With that, the IRS would extract the taxes it deemed appropriate and remit to the putative employee the remainder—the amount the IRS would deem appropriate for each tax payer to have.

We dodged a terrible pas-de-deux—that dance for the two performers of tax payer and Government—for the time being, but the Progressive-Democratic Party will return to power eventually, and dangerously sooner than us average Americans want.

What Will She Do with that Intelligence?

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Mexico’s President Claudia Scheinbaum doesn’t want to deal with Mexico’s cartels (mostly drug, but they’re into sex- and child-trafficking, also, and a few other…industries) violently. Her predecessor also swore off hard-style confrontations, insisting on dealing with them with hugs. Scheinbaum wants to increase intelligence efforts in dealing with them, even including a willingness to receive intelligence from the US government. But no more help than that.

Sheinbaum said her government had accepted the US offer for help in obtaining information and intelligence, but she rejected US intervention in Mexico’s affairs. “Intervention isn’t justice,” she said.

That “intervention” was an offer to assist—not to do for or to do instead—Mexico in dealing with the cartels kinetically, which is to say, violently.

Last week, Carlos Manzo, the anti-cartel mayor of Uruapan, the largest city in the state of Michoachan, the state immediately west of Mexico City, was hugged several times, fatally so, by the cartels. Even so,

[Sheinbaum] pledged to continue with her policy of strengthening Mexico’s National Guard, concentrating on the use of police intelligence to take down violent criminals while addressing the social causes of crime.
Sheinbaum criticized political opponents who she said were taking advantage of Manzo’s killing to attack the government, and said she had ordered an investigation into the surge in antigovernment posts on social media.

When those violent criminals and/or their cartel supporters resist being “taken down?” Will she continue to answer their violence with her own hugs? So far, her response is limited to inflicting lawfare violence on those impudent enough to criticize her government’s handling of the cartels. Why not hug them, too, instead?

Scheinbaum apparently has no serious use for that intelligence, American or her own nation’s.

This is what a failing narco- and trafficking-centric nation looks like.