Tag Archives: politics

An Activist Judge Gets It Wrong

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DC District Senior Judge Amy Berman Jackson has ruled that

the Trump administration is legally required to secure funding for the US Consumer Financial Protection Bureau (CFPB), and that failing to do so would violate a prior court order barring the government from dismantling or shutting down the agency[.]

However.

Leave aside the fact that the question of the Trump administration funding of the Consumer Financial Protection Bureau and the question of the Trump administration dismantling or shutting down the agency are distinctly separate questions.

The fact of interest here is Jackson’s mistaken ruling that Trump must fund the CFPB. He cannot. By the statute that created the CFPB, that agency is funded solely by the penalties it exacts via its enforcement actions (pay no attention to the conflict of interest behind the curtain) and from the Federal Reserve Bank, the latter which the CFPB draws from according to CFPB-determined needs (pay no attention to the doings behind this curtain, either).

The Trump administration has no control over and no capacity to produce CFPB funding. This is the sort of shenanigan in which activist judges engage, causing increased cost and delay in cleaning up prior messes.

Tension?

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The Supreme Court has taken up the question of whether Louisiana’s redistricting effort for its Federal Congressional representation is legitimate, or not. The Just the News‘ news writer, the unusually (for JtN) anonymous “Just the News Contributor,” posed the central question before the Supreme Court:

In Louisiana v Callais, the Supreme Court is confronted with a direct tension between two legal commands: the VRA’s mandate to protect minority voting rights and the Constitution’s limits on race-based decision-making by the state.

There is—or should be—no tension here. Our Constitution says this in Art 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….

In Marbury v Madison, the Supreme Court made clear that conflicts between statute and Constitution must be resolved strictly and solely in favor of what our Constitution says, and every Supreme Court decision since has hewed to the ultimate supremacy of our Constitution. Any tension can exist only in the minds of activists and activist judges and Justices.

Nor can there be any half-measure wherein some level of race-based discrimination is OK. Any race-based discrimination or “preference” in political gerrymandering is too much and a violation of our Constitution. Here’s the 14th Amendment on the matter:

No State shall…deny to any person within its jurisdiction the equal protection of the laws.

The clause does not say No State shall…deny to any person within its jurisdiction the equal protection of the laws, except when it’s convenient to do otherwise.

Full stop.

There’s a Lesson Here

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Recall that the Federal government last summer canceled a $4 billion grant to California’s slower-than-a-sick-snail-in-January bullet train project over that thing’s huge cost overruns and delays that kept the train not far from its drawing board. California’s Progressive-Democrat governor Gavin Newsom had filed suit over the Trump administration’s effrontery in declining to fund, further, this California waste management project. Now we get this:

California dropped its lawsuit against the Trump administration after it pulled roughly $4 billion in federal funding for the state’s high-speed rail project.

The bleats of the California High-Speed Rail Authority in explaining its decision to drop the lawsuit notwithstanding, Transportation Secretary Sean Duffy explained the reason for cancelation.

Governor Newsom and the complicit Democrats have enabled this waste for years. Federal dollars are not a blank check—they come with a promise to deliver results. After over a decade of failures, CHSRA’s mismanagement and incompetence has proven it cannot build its train to nowhere on time or on budget[.]

The lesson: don’t do upfront Federal grants to States for projects. Don’t do grants after the fact without hardy strings attached. Make all grants conditional on the States having let the contracts; construction having begun; and significant, serious construction progress having been underway for six months. Then release the grant money a month at a time, after the State has released its funding for the month, with the granted funds matching, not exceeding, the State’s funding for each month. If the State misses funding its project for two consecutive months, or for any three months out of five consecutive months, the rest of the grant must be canceled. The grant could then be renewed, or funding resumed, conditioned on the State having relet its project contract; construction having been resumed; and significant, serious construction progress having been underway for six months. The month-to-month grant funds then could be released as above.

CHSRA’s CEO Ian Choudri had this in the alternative:

Interest from the private sector in investing in California’s high-speed rail project is strong and continues to grow[.]

Even better. If the private sector really is willing to fund this, then go for it. Just don’t expect the Federal government, or the taxpayers of the other 49 States who are the source of Federal dollars, to pay for it.

The Racism of the Mayor

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And the straightforwardness of one recruit. Progressive-Democrat Mayor Karen Bass is upset that so many Americans of Latino background are enlisting in the Customs and Border Patrol along our southern border. Bass responded to a report that [a]pplications up 70% from last year as over half of southern border agents are now Hispanic.

Well, in a way, I think it’s sad. I think that those Border Patrol agents are going to have a difficult time when they’re out in the field and they see what actually happens in real life separate from their training.

Not so much. Maybe Bass ought to travel along the border without her entourage screening her and see for herself.

On the other hand, here’s a young recent recruit to the CBP:

Juan Peralta, a 20-year-old who said friends back home were surprised that he’d joined up and would say things like, “How do you feel about arresting your own kind?”
“And how do you answer that when you hear that?” [CNN‘s David] Culver asked.
Peralta responded, “They didn‘t come in the right way. So, they aren‘t my kind.”

Deterring the PRC

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Deterring the PRC

The editors at The Wall Street Journal are correct in one respect regarding convincing the People’s Republic of China that it cannot successfully fight us at sea, but the editors fall woefully short of what’s truly necessary. And so does the Trump administration, although it is taking more serious steps regarding our national defense and our national security than has any administration since Reagan.

Today’s 296-ship Navy isn’t large or capable enough to prevent a war in the Pacific while deterring bad actors elsewhere. China is amassing military power with one adversary in mind: the US. This threat demands a diverse mix of firepower, including more stealthy submarines, longer-range aircraft, a deep cache of long-range missiles spread across more ships, and an unmanned fleet to deter an invasion across the Taiwan Strait.

Our Navy badly needs that, but it needs much more than that. It needs more combat ships, building rapidly to at least a 500 combat ship fleet, it needs more cargo ships capable of replenishing at sea those combat ships of everything from ammunition of all types, fuel, and such consumables as potable water and food. It needs better ship- and fleet-wide defenses capable of much earlier detection of incoming fires and countering those fires, including the PRC’s ship-, air-, and ground-launched hypersonic missiles. It needs hardening against EMP attacks and cyber attacks against shipborne software. It needs improved capability against PRC ECM measures. It needs its own ECM capability to isolate PRC shipping—surface and subsurface—from its command centers and from each other. It needs countermeasures capable of blinding PRC aircraft and missiles. It needs longer range and better detection systems against the PRC’s growing and increasingly capable submarine fleet.

Our Navy needs also to be backstopped by other services and measures, especially in cyber warfare and in space. When the PRC attacks our fleet, we need to be able to counter those attacks, at least in part, from space, kinetically and electronically. We need to fragment with cyber measures the PRC’s onshore energy distribution infrastructure. We need, with cyber measures, to isolate the PRC government from the PLA, and we need fragment the PRC government, preventing the several branches from talking to each other electronically.

And one more major improvement.

New battleships for the US Navy will “help maintain American military supremacy, revive the American shipbuilding industry, and inspire fear in America’s enemies all over the world,” Mr Trump said Monday. “We’re going to start with two” ships and “quickly morph into 10,” he said, with lasers, guns, missiles, and more.

We need all those things, but we need them now, not in 10 or 15 years. We need to get rid of the development and acquisition bureaucracy that infests DoD and replace it with personnel and procedures that streamline the process and get systems from the drawing board into production much faster than that. In conjunction, design and mission creep must be put to an end, with both frozen early rather than being allowed to continue past laying down keels.

2027 is two years off, and that’s when PRC President Xi Jinping intends to begin his war of conquest against the Republic of China, and in support of that, that’s when he will have the PLA attack our Navy. Nor will his attack be limited to that. His announced goal is to dominate us, and the PLA’s doctrine is total war across the entire spectrum. This has been clear for more than 20 years, since publication of Qiao Liang and Wang Xiangsui’s Unrestricted Warfare, China’s Master Plan to Destroy America in 2002.

Time’s a-wasting, and our freedom, every bit as much as the RoC’s, is in the wind since what we have in being is not much deterrence.