Pandora’s Box of Lawlessness

From the Constitution to Pandora’s Box 

By  Mario Loyola 
 
During the presidency of Barack Obama, we’ve learned something about our Constitution that we did not know: The president can simply refuse to enforce whatever laws he doesn’t like. Not as a matter of prosecutorial discretion, mind you, but in general, as to whole categories of people.
First it was DOMA, in a sop to the gay lobby. Then it was the immigration laws, which the president has decided not to enforce against young illegal immigrants. Now it’s the crucial employer-insurance mandate in Obamacare, which is “suspended” for a year, because the president feels like it. I say “crucial” because, absent the employer mandate, the official estimate of how much Obamacare is going to cost, and how it’s going to affect the number of uninsured, is no longer valid.
Employers shouldn’t have to provide health insurance at all. But without it, more people will go on the state insurance exchanges, where their health insurance is subsidized. That subsidy is the single-payer essence of Obamacare. Hence, suspending the employer mandate just brings us one step closer to the single-payer system that liberals wanted all along.
Others are busy fleshing out the vast implications for the nation’s health-care market. But let’s focus on the constitutional implications for a moment.
The Constitution states that the president “shall take care that the laws be faithfully executed.”  Not “shall take care that the laws be faithfully executed if he feels like it,” which is how the Obama administration apparently reads the provision. Rather, he must see that the laws are faithfully executed, period. Otherwise, there’s no point to the veto power. The president can simply decide, by his sole imprimatur, to nullify any law he doesn’t like.
Alas, there is no way to enforce the president’s obligation to see that the laws are faithfully executed. The courts will not issue a mandamus — it is a “political question.” It’s probably not a “crime or misdemeanor” for him to fail to enforce a law, so he probably can’t be impeached for it. The reason presidents have enforced the rule of law is, generally, the people’s expectation that they will. But if the president simply ignores the Constitution, and the people cheer him on (as happened during the administration of Franklin D. Roosevelt), then where does that leave us?
In the middle of a wide-open Pandora’s box, that’s where.
The Obama administration’s approach to executive power makes a mockery of constitutional process. His supporters appear totally oblivious to the precedent they’ve set, and to how sorry they could be one day.
What if future presidents do exactly the same thing? What if a future president announces that he will no longer enforce any aspect of the Fair Labor Standards Act and that the minimum wage will no longer be enforced?  What if a future president decides to stop collecting income taxes on his supporters?
If a conservative president did anything like that, liberals would be crying “Dictatorship!” Yet they cheer when Obama does it. By establishing the precedent that the president can ignore the law whenever it suits him, the Obama administration has struck a grievous blow against the Constitution he is sworn to defend.

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The Left’s Central Delusion by Thomas Sowell


Its devotion to central planning has endured from the French Revolution to Obamacare.
 
By  Thomas Sowell 
The fundamental problem of the political Left seems to be that the real world does not fit their preconceptions. Therefore they see the real world as what is wrong, and what needs to be changed, since apparently their preconceptions cannot be wrong.
A never-ending source of grievances for the Left is the fact that some groups are “over-represented” in desirable occupations, institutions, and income brackets, while other groups are “under-represented.” From all the indignation and outrage about this expressed on the left, you might think that it was impossible that different groups are simply better at different things. Yet runners from Kenya continue to win a disproportionate share of marathons in the United States, and children whose parents or grandparents came from India have won most of the American spelling bees in the past 15 years. And has anyone failed to notice that the leading professional basketball players have for years been black, in a country where most of the population is white? Most of the leading photographic lenses in the world have — for generations — been designed by people who were either Japanese or German. Most of the leading diamond-cutters in the world have been either India’s Jains or Jews from Israel or elsewhere.
Not only people but things have been grossly unequal. More than two-thirds of all the tornadoes in the entire world occur in the middle of the United States. Asia has more than 70 mountain peaks that are higher than 20,000 feet and Africa has none. Is it news that a disproportionate share of all the oil in the world is in the Middle East?
Whole books could be filled with the unequal behavior or performances of people, or the unequal geographic settings in which whole races, nations, and civilizations have developed. Yet the preconceptions of the political Left march on undaunted, loudly proclaiming sinister reasons why outcomes are not equal within nations or between nations.
All this moral melodrama has served as a background for the political agenda of the Left, which has claimed to be able to lift the poor out of poverty, and in general make the world a better place. This claim has been made for centuries and in countries around the world. And it has failed for centuries in countries around the world.
Some of the most sweeping and spectacular rhetoric of the Left occurred in 18th-century France, where the very concept of the Left originated in the fact that people with certain views sat on the left side of the National Assembly.
The French Revolution was their chance to show what they could do when they got the power they sought. In contrast to what they promised — “liberty, equality, fraternity” — what they actually produced were food shortages, mob violence, and dictatorial powers that included arbitrary executions, extending even to their own leaders, such as Robespierre, who died under the guillotine.
In the 20th century, the most sweeping vision of the Left — Communism — spread over vast regions of the world and encompassed well over a billion human beings. Of these, millions died of starvation in the Soviet Union under Stalin and tens of millions in China under Mao.
Milder versions of socialism, with central planning of national economies, took root in India and in various European democracies.
If the preconceptions of the Left were correct, central planning by educated elites who had vast amounts of statistical data at their fingertips and expertise readily available, and were backed by the power of government, should have been more successful than market economies where millions of individuals pursued their own individual interests willy-nilly.
But, by the end of the 20th century, even socialist and communist governments began abandoning central planning and allowing more market competition. Yet this quiet capitulation to inescapable realities did not end the noisy claims of the Left.
In the United States, those claims and policies have reached new heights, epitomized by government takeovers of whole sectors of the economy and unprecedented intrusions into the lives of Americans, of which Obamacare has been only the most obvious example.

Seventy-two Killed Resisting Gun Confiscation In Boston

National Guard units seeking to confiscate a cache of recently banned assault weapons were ambushed by elements of a paramilitary extremist faction. Military and law enforcement sources estimate that 72 were killed and more than 200 injured before government forces were compelled to withdraw.

Speaking after the clash, Massachusetts Governor declared that the extremist faction, which was made up of local citizens, has links to the radical right-wing tax protest movement. The governor blamed the extremists for recent incidents of vandalism directed against internal revenue offices. The governor, who described the group's organizers as "criminals”, issued an executive order authorizing the summary arrest of any individual who has interfered with the government's efforts to secure law and order. The military raid on the extremist arsenal followed widespread refusal by the local citizenry to turn over recently outlawed assault weapons.

The governor issued a ban on military-style assault weapons and ammunition earlier in the week. This decision followed a meeting early this month between government and military leaders at which the governor authorized the forcible confiscation of illegal arms.

One government official, speaking on condition of anonymity, pointed out that "...none of these people would have been killed had the extremists obeyed the law and turned over their weapons voluntarily." Government troops initially succeeded in confiscating a large supply of outlawed weapons and ammunition.

However, troops attempting to seize arms and ammunition in Lexington met with resistance from heavily armed extremists who had been tipped off regarding the government's plans. During a tense standoff in Lexingtonís town park, National Guard Colonel Francis Smith, commander of the government operation, ordered the armed group to surrender and return to their homes. The impasse was broken by a single shot, which was reportedly fired by one of the right-wing extremists. Eight civilians were killed in the ensuing exchange.

Ironically, the local citizenry blamed government forces rather than the radical extremists for the civilian deaths. Before order could be restored, armed citizens from surrounding areas had descended upon the guard units. Colonel Smith, finding his forces over-matched by the armed mob, ordered a retreat.

The governor has called upon citizens to support the state/national joint task force in its effort to restore law and order. The governor also demanded the surrender of those responsible for planning and leading the attack against the government troops. Samuel Adams, Paul Revere, and John Hancock, who have been identified as "ringleaders" of the extremist faction, remain at large. The governor was Thomas Gage.

And this, people, is how the American Revolution began on April 20, 1775.

Guilty of Being Southern


Media and academic elites prefer to focus on the old South while a new one marches on. 
 
By  Lee Habeeb 
 
Over the years, my African-American friends have shared with me stories of the senseless traffic stops they’ve endured for nothing more than driving while black. There’s an acronym for it: DWB. They admit it happens less than it used to, but it’s wrong, it’s bad, and Americans should not face a presumption of guilt for being who they are.
Which is why Paula Deen and the recent U.S. Supreme Court case involving the Voting Rights Act make for an interesting counterpoint. Both stories involve what’s perhaps the last socially acceptable form of bigotry left in America: bigotry against the South. It’s a brand of bigotry reinforced by our nation’s biggest media outlets — and by justices on the Supreme Court.
Let’s start with Paula Deen, who admitted to having used the “n” word — 30 years ago. If it had been, let’s say, Alec Baldwin instead, the media would have quickly given him a pass, because, after all, he’s one of them. Alec is a media guy. He’s smart and talented and thinks what they think about life. He’s also a northerner. He was born on Long Island! And my God, there’s no racism there. Racism is a disease people catch when they cross the Mason-Dixon line.
Paula is from Georgia, and from that one slip, which she admitted and for which she apologized, was imputed all kinds of guilt. She was guilty of being born Southern, plain and simple. And the punishment she’s facing is so disproportionate to her three-decade-old lapse that it cries for someone in the media to defend her. No one has. No one will.
The Food Network will soon learn that their knee-jerk decision to fire her without any proof of discrimination, any proof of a racist past or present, will backfire. And fans who know she was fired, and canned by sponsors, for being born in the South, and for being proud of it — they’ll be waiting for her return, and will reward the network that hires her.
That brings me to the ruling in Shelby County v. Holder. What the Supreme Court essentially told the nation in that case was this: The states in the South used to do some really bad things a long time ago when it comes to elections, but they don’t anymore, so we are taking them out of the penalty box and treating them like any other state. As Justice Roberts said succinctly for the majority, “History did not end in 1965.”
It turns out that the decision by the court last week came less than a year after an African American was reelected president for a second term, an election in which African-American turnout in the southern states was well above the national average. Moreover, African Americans in the southern states registered at higher rates than did white people in those same states.
Mississippi, my home state and once the worst of the Jim Crow offenders, had the highest rate of African-American turnout in the nation. And Mississippi has more elected black officials than any other state. Not just more per capita — more, period.
Judging from the hysterical reports in the media, and from the headlines of the lead editorials in America’s biggest newspapers, someone could have easily concluded that the court had overturned the entire Voting Rights Act, not just one provision — and that it was now open season for white racists in the South to bring back poll taxes and literacy tests and to make a push to return not to the 1950s but to the 1850s, to slavery itself.
“An Assault on the Voting Rights Act,” shouted the headline of the New York Times editorial.
“A setback for voting rights,” declared the Los Angeles Times.
Where did the media elite’s sense of outrage come from? It’s simple, actually. To admit that the South had changed would mean letting go of their own cultural and moral superiority, of their sense of regional superiority with respect to the issue of race. Media and academic elites believe that, but for proper adult supervision, the South will return to its racist roots and that they alone can protect helpless black southerners from the perfidy rooted in white southerners’ DNA.
In his questioning from the bench back in February, as George Will pointed out, Justice Breyer revealed not only his distrust of southerners, but his disdain: “Imagine a State has a plant disease, and in 1965 you can recognize the presence of that disease. . . . Now, it’s evolved. . . . But we know one thing: The disease is still there.” Breyer’s disease metaphor was not only crude and condescending, it was rank regional bigotry — and from a sitting Supreme Court justice, no less.
That the southern states had now surpassed many northern states on the issue of electoral fairness did not matter to Breyer. That’s the thing about progressives: They don’t really care for progress, or facts. And here’s a fact that Justice Breyer didn’t care about: Massachusetts, as Chief Justice Roberts noted, now has “the worst ratio of white-voter turnout to African-American turnout.” Can it possibly be that northerners are more racist than Southerners?
Does Breyer not remember the Boston busing riots in the 1960’s? Or Newark’s? Some of the Irish and Italian racism in northern cities was especially ugly. But from Breyer’s lofty perch, only the South is still susceptible to this virulent “disease” called racism, so much so that it still needs a great big regional timeout.
Perhaps someone should send Justice Breyer a link to Joel Kotkin’s piece in The Daily Beast on the rise of the South, which included facts media elites either refuse to believe or willfully ignore. Over the past five decades, he reported, the South has seen dramatic gains in population. It was once a major exporter of people to the northern states. Today, Kotkin noted, the migration tide is flowing the other way. “The hegira to the sunbelt continues, as last year the South accounted for six of the top eight states attracting domestic migrants,” he reported. Those six states, Justice Breyer might want to know, were red states: Texas, Florida, North Carolina, Tennessee, South Carolina, and Georgia. The top four losers? Blue states named New York, Illinois, New Jersey, and California.
And it wasn’t just white folks heading South. The nation’s African-American population grew 1.7 million over the past decade — and 75 percent of that growth occurred in the South. The percentage of the nation’s African-American population living in the South hit its highest point in half a century, as more black people moved out of declining cities in the Midwest and Northeast.
If the South is such a racially backward place, Justice Breyer, why are so many African Americans moving here?
In response to the latest census figures showing that Texas was home to eight — eight! — of the 15 fastest-growing cities in America, did media types commission some reporting on the subject? No. What you instead got was snide commentary like this from Gawker: “What is it that makes Texas so attractive? Is it the prisons? The racism? The deadly weather? The deadly animals? The deadly crime? The deadly political leadership?”
It would be funny if it wasn’t so willfully ignorant — and so emblematic of how liberal thought leaders think about the South. They refuse to acknowledge that the region has changed, let alone that it has become an economic powerhouse. Alabama and Kentucky are two of the top auto-manufacturing states in the country. The Gulf Coast corridor between Louisiana and Florida is now the fourth-largest aerospace hub in the world. Boeing’s Dreamliner is being assembled in South Carolina.
It’s quite a story. Black and white Americans are moving in record numbers to a part of the country that liberal elites think of as backward, where taxes are low, unions are irrelevant, and the locals cling to their guns and their faith.
And yet Americans heard almost nothing about this great migration. We know why. The ideological prejudices of our media and academic elites won’t permit them to admit the obvious. They’d prefer to focus, as Breyer did, on the old South because they are more comfortable with that narrative and more invested in it, while a new one marches on right under their upturned noses.
In the downtown of my hometown of Oxford, Miss., sits a statue of our local hero, William Faulkner. “The past is never dead,” he once opined. “In fact, it’s not even past.”
The line has some truth. But if I had told Faulkner in his time that Mississippi would soon have more African-American elected officials than any other state in the nation, he would have laughed me off.
If I had told him that a Japanese auto company would be making American cars in Tupelo and employing thousands of locals, he would have thought I was crazy. And yet there a new Toyota plant sits, near the birthplace of Elvis, less than an hour’s drive from Faulkner’s home.
The fact is, white Yankees migrants like me (I moved from Jersey), and African-American migrants from Chicago, and businesses from all over America — and the world — are investing in the South, and investing with our most precious capital: our lives. We are moving South because we see something here that academics, media types, and our most progressive Supreme Court justices can’t.
The future.