A Test

In South Dakota v Dole, the Supreme Court ruled that the Federal government could not withhold already committed funds from States in amounts that could coerce the States into obeying Federal diktats, such withholdings were legal but only in amounts that would be persuasive rather than coercive (as an aside, the Court did not get around to identifying a threshold or a threshold region that would separate the coercive from the merely persuasive).

Attorney General Jeff Sessions said Monday that he was reaffirming a[n]…Obama-era policy that threatened to pull grants from jurisdictions that bar officials from communicating with federal agencies about immigration, and implied that more sweeping rules were coming. He also said the Justice Department would try to take back previously granted funding from places that don’t comply with the communications law.

Sessions’ rationale seems entirely reasonable, on one plane.

When cities and states refuse to help enforce immigration laws, our nation is less safe.  I strongly urge our nation’s states and cities and counties to consider carefully the harm they are doing to their citizens by refusing to enforce our immigration laws and to rethink these policies.

There are, though, a couple of problems with this, one legal and one political (and political philosophical).  The legal problem stems from that Supreme Court ruling.  While the inability to coerce was applied in a matter involving coercion of States, the extension of the principle to jurisdictions below States is straightforward.  If the Federal government cannot coerce States, it cannot bypass the State governments to coerce lesser jurisdictions within (and generally bound by) a State government.

The political problem is this—and it’s the larger problem in my view, since Court rulings can be overruled by later Courts.  Just how much do we want, in our federated form of governance—the 10th Amendment—and the sovereignty of We the People—our Constitution’s Preamble and the 9th Amendment—the Federal government to be able to coerce the States and lesser jurisdictions?

It seems entirely legitimate to prevent coercively a State or lower jurisdiction from flouting federal law, from disobeying it.  Forcing it to actively enforce federal law seems a different matter.  Where is the threshold?

If this level of coercion is appropriate or legitimate, how about that level of coercion?  If coercing States, et al., regarding immigration questions is OK, what about coercing States, et al., regarding gun (control) rights?  Speech?  Drinking ages (that South Dakota thing again)?  And on and on?

Where would it stop?  What is Sessions’ limiting principle?  What is the Federal government’s?

Distractions

Congressman Adam Schiff (D, CA), Ranking Member of the House Intelligence Committee, wants them.  He’s so anxious to have them that he’s insisting that Committee Chairman Devin Nunes (R, CA) to stop being Chairman.

Mr Nunes should step aside from any congressional investigation pertaining to Russia or to the “incidental” collection of intelligence information, like what Mr Nunes said occurred to Mr Trump’s transition team.

Mr Schiff said in a statement it was “not a recommendation I make lightly…. I believe the public cannot have the necessary confidence that matters involving the president’s campaign or transition team can be objectively investigated or overseen by the chairman.”

Never mind that his latest call was triggered by Nunes’ meeting with an official in a secure facility to review classified information regarding just that “incidental” collection against the Trump transition team by the Obama administration.

Never mind that Nunes has said through his spokesman, Jack Langer, that he

met with his source at the White House grounds in order to have proximity to a secure location where he could view the information provided by the source.

And that Langer also said,

The chairman is extremely concerned by the possible improper unmasking of names of US citizens, and he began looking into this issue even before President Trump tweeted his assertion that Trump Tower had been wiretapped.

Why does Schiff keep trying to shift the subject away from that unmasking—and who authorized it, who did it, who leaked it—which unmasking is a felony, to focus solely on the method used to look at some information?

Why does Schiff want so badly to bury those questions and their answers?

Satisfaction

No, this isn’t a Rolling Stones reference.  It’s a reference to Kevin Williamson’s opening line in his National Review piece, On the Outside, Looking Out.

This is the great paradox of our time: in 2017, it has never been easier for us to satisfy our wants, but we seldom have been more dissatisfied.

Indeed.  Perhaps because our wants being so easily satisfied, there’s no satisfaction in their satisfaction.

Perhaps because our wants being so easily satisfied, so many of them are so trivial.

Perhaps both.

Perhaps it’s time to refocus on what’s truly important.

A Plan for Rigorous Enforcement

Mark Dubowitz, Chief Eecutive of the Foundation for Defense of Democracies,  writing in The Wall Street Journal, had some thoughts regarding strict enforcement of the Iran nuclear weapons agreement and some thoughts on an alternative path for dealing with Iran and its nuclear weapons.  I’m focusing on the latter.

First, Mr Trump must address the Iranian threat the way Ronald Reagan treated the Soviet one. … The Trump NSC needs a similar plan, one that uses both covert and overt economic, financial, political, diplomatic, cyber, and military power to subvert and roll back the Iranian threat.

Second, the Trump administration, with an assist from Congress, needs to reinvigorate the sanctions regime aimed at Iran’s support for terrorism, ballistic-missile development, human-rights abuses, war crimes, and destabilizing activities in the Middle East.

The Trump administration also needs to put Iran on notice that the US will use force to counter Iranian aggression. Sanctions without the credible threat of military action will always be insufficient to change the regime’s calculus.

With regard to that last, “notice” by itself is just talk.  President Donald Trump will need to act, as well—having the Navy sink Iran’s fast boats that charge in provocatively and too close or other Iranian naval shipping that fire live weapons from too close will be necessary to give force to the rhetoric as well as to the sanctions.

My questions are these.  Do the Republicans in Congress have the stomach for this?  Do the Democrats in Congress have the integrity?

Now It’s Overt

The Left has, for quite a number of years, quietly harbored contempt for those who disagree with them, believing those on the center-right and points further to be stupid, narrow, and venal, constantly voting as those unfortunates do, against their self-interest (which is to so not voting for those things the Left deems appropriate).

It’s no longer quiet or sub rosa.

This mad-as-hell view has been galvanized by reports that many Trump voters may lose their health insurance if the House version of ObamaCare repeal passes. The liberal gloaters say it serves them right.

From this perspective, those voters are too dumb to vote in their own economic self-interest and they’re probably gone for good. So it’s better to energize the Bernie Sanders base than to struggle to understand why many blue-collar Americans feel alienated from the Obama/Clinton party.

And from Frank Rich, of New York Magazine,  as cited by Howard Kurtz at the above link:

Rather than feeling everyone’s pain, “might the time have at last come for Democrats to weaponize their anger instead of swallowing it?

“…a fool’s errand for Democrats to fudge or abandon their own values to cater to the white-identity politics of the hard-core, often self-sabotaging Trump voters who helped drive the country into a ditch on Election Day. If we are free to loathe Trump, we are free to loathe his most loyal voters, who have put the rest of us at risk.”

This is nothing but the Progressive’s long-standing contempt for their fellow Americans, made as plain today as their BFF Herb Croly had it 100 years ago.