Showing posts with label U.S. Congress. Show all posts
Showing posts with label U.S. Congress. Show all posts

Sunday, March 18, 2018

A Weak Congress Leads to a Tyrannical Judiciary




A weak Congress leads to a tyrannical judiciary. Do you doubt it? How else can a district court judge dictate immigration and foreign policy contrary to established statutes and constitutional prerogatives? Not only can a lowly judge suspend the laws of the land but he can force the president of the United States to go hat in hand before the Supreme Court to overturn his ruling. Whatever happened to checks and balances? Who’s to check and balance the only branch of government that is unelected and therefore unaccountable?


For every problem that this country faces, I can point to a rogue judicial ruling: Plyler v. Doe legitimized illegal aliens by forcing states to educate their children; Reynolds v. Sims diluted the rural vote and attacked the very premise of a republican form of government which has led to secession movements in California and Colorado; Abington School District v. Schempp forbade Bible reading in public schools and without a doubt has a direct correlation to pervasive immorality and school shootings, and how else can an unelected body of activist judges force the citizenry to uphold their dictates? Well in Cooper v. Aaron they bound the states to uphold their decisions. Isn’t that convenient?


The dirty little secret is Congress has the constitutional authority to check a rogue judiciary. Article III Section 2 states the following:


The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.



In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.



The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.


Therefore, Congress can limit the scope on which federal courts can rule. Here is an excerpt from Limiting Judicial Review by Act of Congress written in 1935:


It is well settled that the inferior federal courts are dependent upon Congress for their existence and the powers they exercise. Once in our early history Congress abolished the inferior federal courts altogether, and in our own time, Congress abolished the United States Circuit Courts. Congress frequently has limited the jurisdiction of the inferior federal courts. Since 1867 the inferior federal courts have been prohibited from enjoining the assessment or collection of a federal tax. For twenty five years District Courts have been prohibited, except by a specially constituted court of three judges, from enjoining the action of the Interstate Commerce Commission or of state officers, under state statutes, claimed to be violative of the-Federal Constitution. And a little more than a year ago Congress passed a statute depriving the United States 'District Courts of jurisdiction under certain circumstances to restrain the enforcement of the orders of state or local utilities' commissions under the due process clause of the Constitution of the United States.



Make no mistake about it, Congress has the constitutional authority to check and balance the federal courts. The only problem is weak leadership and/or a complete ignorance of Congress’ constitutional prerogatives.


Source:


https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?referer=https://search.yahoo.com/&httpsredir=1&article=3789&context=californialawreview


https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?referer=https://search.yahoo.com/&httpsredir=1&article=1327&context=facpubs


http://prospect.org/article/overruling-court


https://www.theconstitutionproject.com/portfolio/one-person-one-vote/

Saturday, April 30, 2016

Americans Have Lost Confidence in Washington D.C.




Americans have lost confidence in the federal government.  People are wakening up to the fact that Washington D.C. is the source of all of our problems.  That’s not just me venting.  That’s what former Senator Tom Coburn stated before a Senate committee on Homeland Security.

“I would just tell you a little of my background this last year in 2015 I spent my time in 21 different states,” Coburn told the committee. “And America doesn’t trust you anymore. That’s the truth. Because they don’t see the actions coming out of Congress that should be coming out.”

“And that doesn’t mean that they’re right all the time, but you’ve lost their confidence,” he said. “And that’s not one party, that’s both. And so when you have hundreds of billions of dollars that could be saved and aren’t, and they know it. You know, they actually read your reports. People online, and then they use social media, pass it around.”

“The important thing is to restore the confidence in the country what you’re doing, and why you’re doing it and how you’re doing it,” Coburn said.

“The unfunded liabilities of this country, with its debt, is $142 trillion,” he said. “That’s $1 million per family, or that’s $1 million per taxpayer. Nobody knows what a trillion is but when you’re telling a young family with small kids, ‘Oh, by the way, here’s the debt burden that’s coming to you over the next 25 years, you better be prepared for it.’

Dr. Coburn is leading an effort to convene an Article V convention of states that would amend the constitution.  Because we all know Washington D.C. is incapable of reforming itself.

Source:

Wednesday, July 29, 2015

IRS Thugs Used Instant Messaging to Avert Congress and Watchdogs




Federal bureaucracies are finding ways to avert government watchdogs and congressional oversight.  Thugs, like Lois Learner, are using instant messaging as a means to avoid a paper trail or a digital fingerprint.  Here is an excerpt from Americans for Tax Reform:


The IRS used a “wholly separate” instant messaging system that automatically deleted office communications, according to documentation released by the House Oversight Committee on Monday. The system appears to have been purposefully used by agency officials responsible for the targeting of conservative non-profits, in order to evade public scrutiny.


The system, known as “Office Communication Server” or OCS was used by IRS officials, including many in the Exempt Organizations (EO) Unit, which was headed by Lois Lerner.

As the Oversight Committee report states, the instant messaging system did not archive any communications, so it is not possible to know what employees of the EO unit discussed on it



Source: http://www.atr.org/irs-used-instant-messaging-system-hide-internal-communications#ixzz3hL6YsgQJ 

Rep. Mark Meadows Calls out Speaker Boehner




Rep. Mark Meadows (R-NC) has decided to take the Speaker of the House to the woodshed once again.  The first time Mr. Meadows voted against Boehner which resulted in the loss of his subcommittee chairmanship.  He was reinstated shortly afterwards.  Now, the congressman has filed a motion to kick Boehner from his exalted post.  Here is an excerpt from the Washington Times:


In the resolution, Mr. Meadows says Mr. Boehner, Ohio Republican, “has endeavored to consolidate power and centralize decision-making, bypassing the majority of the 435 Members of Congress and the people they represent.”

He accused the speaker of limiting debate, pushing legislation to the brink to compel votes in a state of crisis, and moving to “punish Members who vote according to their conscience” instead of how he wants.
 The Meadows resolution says Mr. Boehner has caused the Congress to “atrophy,” making it “subservient” to the executive and judicial branches.

If that isn’t the truth!  I don’t believe Congress has been this ineffectual in the history of the republic.  Chances are this resolution won’t pass, but at least Rep. Mark Meadows has publicly stated what the rest of us have been saying.  I’m sure the Potomac potlickers will cower under the table.

Source:

http://www.washingtontimes.com/news/2015/jul/28/john-boehner-coup-mark-meadows-files-motion-oust-h/

Monday, June 15, 2015

Illegal Aliens Affect Electoral College





Illegal immigration is insidious in more ways than one.  Pundits tend to focus on the impact they have on local communities.  What no one talks about is the ramifications these diasporas have on our federal elections and the way politicians pander to non-citizens who have garnered as much representation in the halls of Congress as an American citizen.


The Center for Immigration Studies published a report demonstrating the influence illegal aliens and legal non-citizens have in the distribution of congressional districts and ultimately deciding presidential elections via the Electoral College.  Here is an excerpt:



Non-citizens Have Large Impact. Immigration has a significant effect on the distribution of seats in the U.S. House of Representatives for three reasons. First, seats are apportioned based on each state's total population relative to the rest of the country, including illegal aliens and other non-citizens. This, of course, is the issue at the center of Congresswomen Miller's proposal. Second, congress has chosen to allow in a large number of legal immigrants and to tolerate wide spread illegal immigration. After the 2000 Census, the average congressional district had roughly 650,000 people. Thus, the more than 18 million non-citizens in the 2000 Census were equal to nearly 29 congressional seats. The third reason is that non-citizens are not evenly distributed throughout the country. In 2000, half of all non-citizens lived in just three states and almost 70 percent live in just six states. States with a large non-citizen population will gain at the expense of states comprised mostly of citizens.



Impact of Non-Citizens on Apportionment. In a report entitled, "Remaking the Political Landscape: The Impact of Illegal and Legal Immigration on Congressional Apportionment," published by the Center for Immigration Studies in October of 2003, we calculated the impact of non-citizens on the distribution of seats in the House.5 Overall we found that the presence of non-citizens caused a total of nine seats to change hands. Indiana, Michigan, Mississippi, Oklahoma, Pennsylvania, and Wisconsin each lost a seat that they had prior to the 2000 Census while Montana, Kentucky and Utah each failed to gain a seat they other wise would have gained, but for the presences non-citizens in other states. Of the nine seats redistributed by non-citizens, 6 went to California, while Texas, New York and Florida each gained a seat and New York retained a seat it otherwise would have lost. Analysis of this kind is very straightforward, involving a simple calculation of the apportionment of seats to states with non-citizens included and then without them. Other researchers have come to the same conclusion.6


Impact of Illegal Aliens. In our 2003 apportionment study we also tried to estimate the impact of illegal aliens by themselves. The former INS has estimated the size and state distribution of illegals who responded to the Census, and we used those figures to estimate their impact on the distribution of House seats. We found that of the nine states that lost seats due to non-citizens, four were the result of illegals. This makes perfect sense because 40 to 45 percent of non-citizens are illegal aliens. Indiana, Michigan, and Mississippi each lost one seat in the House and Montana failed to gain a seat it otherwise would have gained because of illegal aliens in other states.


Impact on Electoral College. Immigration and the resulting non-citizen population not only redistributes seats in the House, it has the same effect on presidential elections because the apportionment of the Electoral College is based on the same basic calculations as congressional delegations. Thus immigration policy and the resulting large non-citizen population it produces impacts the distribution of political influence both in Congress and in the Executive.


We need to reform the way congressional districts are apportioned.  States with a high concentration of illegal aliens and legal non-citizen residents will lose their influence, not only in the halls of Congress, but in deciding presidential elections.  Can anyone say California?





Source:







Saturday, May 10, 2014

Dept of Justice Displays Contempt for Congress During IRS Hearing




I have been blogging about the utter contempt the Obama administration, and basically the whole damn federal bureaucracy has for our elected representatives and by extension we the people.  Needless to say, it is astonishing.  The Daily Mail published the following:

The acting deputy U.S. attorney general in charge of overseeing 'public integrity' prosecutions testified Friday that he doesn't know who's in charge of the criminal investigation of Lois Lerner, the former IRS official at the center of the tea-party targeting scandal.


David O'Neil, whose job atop the DOJ's criminal division puts him in charge of public corruption prosecutions, told Ohio Republican Rep. Jim Jordan that he also doesn't know how many prosecutors are assigned to the case, or how many attorneys from his division are working on it.


Asked to identify the lead agent in the Lerner investigation, O'Neil would only answer, 'I'm sure that we can provide that information to you.'


The House has been asking for this information for over a year!  In order to get the full monty of the condescending attitude Mr. O’Neil has for Congress, you need to watch the video below.  It is truly reprehensible.

Thursday, May 8, 2014

Federal Bureaucracies Have Become Monsters



What can Americans do when their elected representatives abdicate their constitutional responsibilities to unelected and unaccountable federal government bureaucrats?  The whole premise of the American Revolution was based on no taxation without representation.  Now, we have punitive rules and regulations that cost Americans $1.86 trillion a year.  These costs are bigger than all of the economies in the world except nine.  And they do it without our consent.

Congress created this monster with the passage of the 1946 Administrative Procedures Act.  And with all monsters, the more powerful they become the more contempt they have for their creators.  We are witnessing this horror story play out before our very eyes. 

House republicans have been trying to get information from these little Frankensteins with little success.  It doesn’t help when these “public servants” invoke the Fifth Amendment, or promise to hand over documents with the intention of never following through.  And what does Congress do?  They stamp their feet and threaten to hold these monsters in contempt.  The only ones who are being held in contempt are the American people and our elected representatives.





Tuesday, March 18, 2014

Crack Down on Businesses That House and Hire Illegal Aliens



The push by business interest to confer amnesty, or a pathway to citizenship for illegal aliens, is not the answer for our immigration problems.  It may in the short term take care of theirs, but it’s not the cure-all.  How convenient for the U.S.  Chamber of Commerce to forget the 1986 Simpson-Mazzoli Act.  Recent history can be a bitch.

There is only one way to curb this invasion and that is to attack the engine that propels it:  an all out assault on those businesses that hire and house illegal aliens.  I’ve blogged about this many times; however, a surprising news source has also picked up the baton.  Here is an excerpt from a Bloomberg News editorial:

What reality? As many as 8 million undocumented immigrants hold jobs in the U.S. In fact, they account for more than 5 percent of the U.S. labor force. Their unemployment rate might even be lower than that of the nation's black citizens.
And, stereotypes aside, the undocumented are hardly relegated to agriculture and domestic service. Construction, manufacturing and retail are among their biggest employers, according to the Migration Policy Institute. So, either quite a few of the nation's 6 million employers have welcomed undocumented workers into their factories and stores, or a smaller number of employers have hired an awful lot of them.
Either way, little is being done to stop the practice. Workplace enforcement is minimal. Fines are small. Amid all the political bellowing about the border, no one in Washington pays much attention to employers' practices.

 Can you imagine the response by the U.S. Chamber of Commerce if there was a crackdown on employers and housing projects?  The squealing would be monumental.  We all know that’s not going to happen.  Our so-called representatives wouldn’t dare betray the money spigot.





Monday, July 29, 2013

Obama Doesn't Need a Stinking Congress



Emperor Obama declared before an obsequious crowd in Illinois, that he will do whatever it takes to shove his agenda down our throats.  By hook or crook, the legislative process will not hold up the Anointed One.  It doesn’t matter what Congress says.  He’ll do whatever he damn well pleases.  Hell, after the election, he instructed his aides to find ways to bypass Congress.  This man is a totalitarian.

Recently, his majesty flipped the finger at our elected representatives.  He, once again, authorized another round of aide to the Palestinian Authority despite restrictions placed by Congress. 

On Friday, President Obama waived congressional restrictions and ordered another $148 million to the Palestinian Authority, claiming it was in the “national security interests” of the United States, the Washington Times said
According to the Times, the move comes as the administration prepares to host direct talks in Washington between Palestinians and Israelis for the first time since 2010.
In March, the Times said, Obama directed about $500 million in aid to the Palestinians, bypassing congressional restrictions.
Secretary of State John F. Kerry said at the time that he was seeking to give another $200 million to the Palestinians.
In late April, Obama did another end-run around Congress and ordered $192 million in aid to the Palestinians.
Congress is nothing but window dressing.  We really don’t have a separation of powers anymore. The House of Representatives has the façade of originating spending bills.  But as we’ve seen, they’re irrelevant.  Laws are supposed to be introduced in Congress; instead, we have federal bureaucracies writing regulations, which have the force of law; hence, another end round of Congress. 
To emphasize the pathetic nature of our elected representatives, here is an excerpt from a Newobserver.com article:
WASHINGTON — U.S. Rep. George Holding introduced his first piece of legislation in Congress this week – a bill that would require federal agencies to publish more information about rules they are planning.
The Raleigh Republican calls the bill the All Economic Regulations are Transparent Act. It would require federal agencies once a month to report on all rules they plan to propose or finalize in the coming year. The federal government would be required to post this information on the Internet each month.
The bill would “help business owners know what’s coming so they can determine what effect the regulations will have on them,” Holding said. It also increases transparency by requiring federal agencies to detail the effects of regulations, he said.
Holding has been a member of Congress since January and was one of the last of 84 freshmen to introduce legislation.
So now, we’re begging these federal bureaucracies to let us know in advance of their legislative intentions.  Isn’t that special?



Sunday, June 24, 2012

Obama Grafters Internationalize Solyndra Scam

The United Nations has once again scammed the American people out of our hard earned money. Secretary of State Hillary Clinton committed $20 million from the United States treasury for specious clean energy programs, all in the name of fighting global warming.

The aid money is part of the United States' contribution to the United Nations Sustainable Energy for All initiative, which was launched last year. United Nations Secretary General Ban Ki-Moon announced during this week's Rio+20 U.N. summit on sustainable development that 50 countries have pledged $50 billion to the effort, which aims to double the share of global renewable energy by 2030.

“This initiative is already mobilizing significant action from all sectors of society,” Ban said at the summit,
according to Reuters. “Working together, we can provide solutions that drive economic growth, expand equity and reduce the risks of climate change.”

The $20 million isn’t all that the Obama administration has committed the United States to. They have promised the United Nations $2 billion in the form of loans, grants and loan guarantees in the naïve belief that this will unlock private investment.

The grafters in the Obama administration have internationalized their Solyndra scam. Where is Congress? Did they approve this? Do we still have a Constitution?



Wednesday, April 18, 2012

National Taxpayer's Union Ranks North Carolina's Congressional Delegates

The National Taxpayer’s Union has released their 2011 rankings for fiscal responsibility, and North Carolina’s congressional delegates have nothing to brag about. The following is their criteria and guidelines:

Every year National Taxpayers Union (NTU) rates U.S. Representatives and Senators on their actual votes--every vote that affects taxes, spending, and debt. Unlike most organizations that publish ratings, we refuse to play the "rating game" of focusing on only a handful of congressional votes on selected issues. The NTU voting study is the fairest and most accurate guide available on congressional spending. It is a completely unbiased accounting of votes.

NTU assigned weights to the votes, reflecting the importance of each vote's effect on federal spending.

NTU has no partisan axe to grind. All members of Congress are treated the same regardless of political affiliation. Our only constituency is the overburdened American taxpayer. Grades are given impartially, based on the Taxpayer Score.



Taxpayer Score

The Taxpayer Score measures the strength of support for reducing spending and opposing higher taxes. In general, a higher score is better because it means a member of Congress vote to spend less money.


Here are the delegates and their rankings:

1st District G.K. Butterfield (D) 11% #424
2nd District Renee Elmers (R) 73% #150
3rd District Walter B. Jones (R) 58% #239
4th District David Price (D) 12% #379
5th District Virginia Foxx (R) 82%
6th District Howard Coble (R) 84%
7th District Mike McIntyre (D) 43% #243
8th District Larry Kissell (D) 21% #269
9th District Sue Myrick (R) 78%
10th District Patrick McHentry (R) 84%
11th District Heath Shuler (D) 28% 258th
12th District Mel Watt (D) 11% 405th




And here are the scores for our two senators:

Senator Richard Burr (R) 87%
Senator Kay Hagan (D) 12%

When is Kay Hagan up for reelection? It can’t be soon enough.


Source: http://www.carolinajournal.com/exclusives/display_exclusive.html?id=8973
http://www.ntu.org/on-capitol-hill/ntu-rates-congress/

Monday, January 23, 2012

Arizona Congressman Proposes Constitutional Amendment to Check Government Spending




Finally, a backlash is beginning to develop against the outrageous spending by the Washington D.C. swamp monsters. An Arizona congressman has introduced a bill that would require majority approval by the states before the debt ceiling could be raised. Here is Rep. David Schweikert’s press release:

Washington, D.C. – On Tuesday, Congressman David Schweikert (R-AZ) introduced H.J.Res 99, the National Debt Relief Amendment (NDRA). This constitutional amendment would require approval from a majority of states before Washington increases the federal debt level:


“Our national debt is more than a mind-blowing $15 trillion, which breaks down to nearly $49,000 for every man, woman, and child in this country.


“Washington has demonstrated an inability to rein in its reliance on debt and continues to mortgage our future with more borrowing, spending, and bailouts.


“This constitutional amendment will change our bailout culture by curbing the growth of our federal debt, creating transparency, and enforcing budget discipline.


“I encourage my colleagues to pass this bipartisan amendment and soon.”


BACKGROUND: The NDRA will take away Congress’ authority to increase the debt limit by requiring approval from a majority of state legislatures to increase the national debt. This will give a voice to all 50 states and create a more accountable and transparent political process by getting Washington out of the way.


The NDRA is policy neutral and does not place any limits on how much the federal government can tax or spend. It allows Congress to request an increase in federal debt when necessary and does not prevent our country from responding to a national crisis.


North Dakota and Louisiana have already adopted the NDRA and 17 more states are poised to do so in their next legislative sessions.

At one time in our history, the states did have a say in federal spending. The progressives put an end to that by passing the 17th Amendment, which calls for direct elections of U.S senators; a task once decided by state legislators. Now, we have populism running amuck, and the states have become tools of the federal government; enslaving us in their socialist programs.

The progressive experiment has been a big failure. Their irresponsible behavior has put our country in peril. I applaud Rep. Schweickert’s efforts, but if the states are to ever shake the federal yoke, then we must repeal the 17th Amendment.

Tuesday, August 2, 2011

Judge Napolitano: Debt Deal Could be Unconstitutional




So now we're to have a super-congress? Judge Napolitano explains how this debt deal could be unconstitutional. That D.C. cesspool is unbelievable.

Monday, January 31, 2011

Senator "Slug" Schumer's Three Branches of Government



I wondered when this slug was going to crawl out from under a rock. Senator Chucky Schumer was absent this past election year. I guess he knows when to shut his mouth. Now that November is over, anyone with a camera had better watch out, or get mugged.


Here he is pontificating on the three branches of the federal government. The problem is he left out the judiciary. And he is on that committee!!

http://schumer.senate.gov/new_website/committeeassignments.cfm

Monday, December 6, 2010

Charlotte Observer Misinterprets Election Day Message

Leave it to a Charlotte Observer editor to completely misinterpret this past election. Mr. Taylor Batten wants us to believe that the spanking the Democrats received in November was due to a lack of bipartisanship in congress:


First, with approval ratings for Congress near historic lows, voters across the country sent a message on Nov. 2. Well, they sent multiple messages, but one of the main ones was this: We're sick and tired of Washington politicians putting party before country. We're fed up with Congress' failure to address the country's urgent challenges, from jobs to deficits to wars to clean energy. We want representatives who can work across the aisle to produce tangible progress, not endless gridlock

He then recommends a book for today’s members of Congress:

Up to a point. Today's members of Congress need to revisit the best-selling book "Getting to YES." Authors Roger Fisher and William Ury urge people in a negotiation to see the other side as partners in problem-solving, not adversaries. They urge negotiators to distinguish demands that are flexible from those that aren't. Washington doesn't do things this way. In Washington, all demands are inflexible, all players adversaries.

Oh and some form of group therapy:

Voters have to call out extremist politicians. A nascent effort around bipartisanship is taking shape. A group called No Labels will meet in New York on Dec. 13. It will bring together people of all persuasions but who share a common goal: Ending the polarization that grips America.


Only then can we get serious about keeping this country great.

I’ve some reading material for today’s Congressman. It’s called the U.S. Constitution, Federalist Paper, Anti-Federalist Papers, and the ratification debates by the original states. And we don’t even have to attend a therapy group.

Mr. Batten did get one part right: we’re fed up. We’re fed up with having legislation shoved down our throat. We’re fed up with legislatures thinking they can create jobs, when in fact they are the ones that have caused this economic disaster i.e. Fannie Mae and Freddie Mac. We’re fed up with the patronage and bailouts. We’re fed up with the power grab by D.C. bureaucrats and politicians. And we’re fed up with this global warming nonsense.


There has been plenty of bipartisanship in D.C. and all of it is about conferring power to the central government. Democrats and Republicans are both guilty of this crap. Mr. Batten seems to have forgotten the number of RINO’s that went down in defeat. God willing, there will be many more bagged in two more years. We’ve seen enough bipartisanship. What we need is statesmanship.

Source: http://www.charlotteobserver.com/2010/12/05/1887613/congress-missing-election-day.html#ixzz17NuY87Ii