American Elephants


Good Intentions: Really Stupid Regulations. by The Elephant's Child
May 26, 2012, 10:33 pm
Filed under: Capitalism, Economy, Law, Sports | Tags: ,

The Justice Department promised on Thursday to be “flexible” in enforcing the new rules that force public pools to buy and install lifts or ramps for the disabled, Pool operators has said this was an invitation to a flood of lawsuits against small business.

This marked a possible retreat for the department which earlier had ruled that under the Americans With Disabilities Act, all pools open to the public would  have to invest in elevators, ramps or lifts to accommodate the disabled.  Members of Congress threatened action, and earlier this month Justice extended the stay into next year. On Thursday, the department went further, saying the rules apply chiefly to new pools, while existing pools will only need to comply if it’s easy and cheap to do so.

“Readily achievable means that it is easily accomplishable without much difficulty or expense” the department said.  “This is a flexible, case-by-case analysis, with the goal of ensuring that ADA requirements are not unduly burdensome, including to small business.”

The reprieve comes just before the Memorial Day weekend, which marks the traditional opening day for many outdoor pools. So they can cross their fingers and open?

“It is obvious that the Obama administration is quickly backtracking after giving little thought to the real-world impact of this one-size-fits-all mandate,” said Sen. Jim DeMint (R-SC) who had tried to pass legislation halting the mandate.

There is as yet no amendment removing the language, which means it is still an active part of the bill. As usual, people with good intentions make silly regulations, because they cannot allow free people to make their own business decisions.

Steny Hoyer (D-MD), Minority Whip burbled: “For many Americans with disabilities, swimming pools are an important source of physical activity and emotional comfort.” Rolling back the rules, he said”would constitute a serious setback to American with disabilities, including many of our veterans —and I want you to think about this— many of our veterans were wounded while serving our nation overseas.”

And just think about it, many public pools have no disabled people among their customers, nor in their districts. It is a characteristic of the left that they believe themselves so clever that they can make wise rules for a huge country of some 330,000,000 people. Their intentions are so good, and the results of their hubris make such a mess of things.



The Left is Threatening The Supreme Court! by The Elephant's Child

The Obama administration has just signed a deal with Public Relations firm Porter Novelli to promote ObamaCare. The Democrats were just sure that everybody would love it once it passed and they “found out what’s in it.” The people did find out what’s in it, and want no part of it. So naturally we must be made to change our minds. It’s an election year, and another $20 million should buy some more votes for Obama.

According to the news accounts, the multimedia campaign is a way to educate the public about how to stay healthy and prevent illnesses.  No thank you. A HHS official told Roll Call that the PR effort is meant “to inform the American people about the many preventive benefits now available …as a result of the Affordable Care Act.

Wasted effort. The administration has been trying to sell it to the public relentlessly since the day it was passed. HHS pushed Congress to quadruple its public affairs budget. HHS spent $1.4 million  for an online search ad campaign designed to drive traffic to the ObamaCare website.

More than two-thirds of the public, including half of the Democrats surveyed — want the Supreme Court to kill at least the individual mandate, according to a recent IBD/TIPP poll.

The bill is a disaster. It was written with a complete lack of understanding of the American people. Americans don’t much believe in their lives being run by experts in Washington. We don’t believe in their experts, nor do we believe that they are experts. We’re an independent lot. We want to talk over our own health concerns with our own doctor. We don’t believe that our doctor should be told what treatment we can have by some faceless know-nothing bureaucrat in Washington.

Obama has been sending messages to the Supreme Court to let them know that it is not acceptable for them to rule ObamaCare unconstitutional. After all, it’s an election year. The left is trying to intimidate the Supreme Court.

Senate Judiciary Chairman Pat Leahy recently took the extraordinary step of publicly lobbying the Chief Justice after oral argument but before its ruling. “I trust that he will be a Chief Justice for all of us and that he has a strong institutional sense of the proper role of the judicial branch” the far left Democrat declared on the Senate floor. “The conservative activism of recent years has not been good for the Court.” The Senator does not seem to have a strong institutional sense of the proper role of a senator in regard to the Supreme Court.

He added that “Given the ideological challenge to the Affordable Care Act and the extensive, supportive precedent, it would be extraordinary for the Supreme Court not to defer to Congress in this matter that so clearly affects interstate commerce.” That one doesn’t pass the laugh test. How embarrassing, and how disgusting that a Chairman of the Justice Committee should forget his place and the fact that the Supreme Court is an equal branch, not subject to the partisan bullying of an old-time  liberal hack.

They are threatening John Roberts with being portrayed a radical who wants to repeal the New Deal and a century of precedent. Such attacks on the court and the Chief Justice are really appalling.

 



Forty-three Catholic Institutions File Lawsuits over HHS Mandate. by The Elephant's Child

Twelve legal challenges have been filed today by 43 plaintiffs against the ObamaCare regulation that requires health care plans to include abortion-inducing drugs, contraceptives, and sterilization procedures. The University of Notre Dame was prominent among the  challengers. Many religious institutions object on religious or moral grounds to providing, paying for and facilitating coverage for such procedures.

In addition there are several other institutions that have already filed lawsuits, with the Becket Fund for religious Liberty: Belmont Abbey College, Colorado Christian University, Eternal Word Television Network and Ave Maria University. Hercules Industries has filed suit as a family owned business that would be forced to violate its religious beliefs in February in Newland v. Sebelius in the U.S. District Court for Colorado.

The United States Conference of Catholic Bishops has called the ObamaCare mandate an “unprecedented” violation of religious freedom by the federal government.

The case seems very strong  that the mandate is in direct conflict with the freedom of religion guaranteed by the First Amendment.

Aside from that ObamaCare does grant religious exemptions to the mandate to Muslims, the Amish, American Indians and Christian Scientists. Then there is the famous Supreme Court decision in Youngstown Steel &Tube v. Sawyer in 1952.  The Court held that “the president may not rule by decree, conscripting private industry to carry out his commands.  The chief executive may only execute laws passed by Congress, according to their terms.  He may not make up laws of his own and then enforce them.” That would seem to squash  this particular mandate, and Obama’s personal revision of it, quite thoroughly.

The plaintiffs have a lot to complain about.  Freedom to practice one’s own religion is one of America’s most cherished freedoms. It is not about contraception, abortion-inducing drugs , or sterilization. These services are widely available in the United States, and nothing prevents the government from making them available. But Barack Obama may not decree that religious institutions must violate their beliefs. The first phrase of the First Amendment to the U.S. Constitution, the Bill of Rights, reads “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” And only Congress gets to make laws. That is not a power of the Executive Branch.

The administration clearly thought that this fit right into their silly “War on Women” theme. They assumed that the Catholics would fall in line, and claims that conservatives were trying to deny women the right to contraceptives because they objected to taxpayers being forced to pay for something that women should pay for themselves at $9 a month or less, would emphasize how conservatives were against women’s health.

Notre Dame’s president Fr. John Jenkins stated firmly:

Many of our faculty, staff and students — both Catholic and non-Catholic — have made conscientious decisions to use contraceptives.  As we assert the right to follow our conscience, we respect their right to follow theirs.  And we believe that, if the Government wishes to provide such services, means are available that do not compel religious organizations to serve as its agents.  We do not seek to impose our religious beliefs on others; we simply ask that the Government not impose its values on the University when those values conflict with our religious teachings. We have engaged in conversations to find a resolution that respects the consciences of all and we will continue to do so.

This filing is about the freedom of a religious organization to live its mission, and its significance goes well beyond any debate about contraceptives.  For if we concede that the Government can decide which religious organizations are sufficiently religious to be awarded the freedom to follow the principles that define their mission, then we have begun to walk down a path that ultimately leads to the undermining of those institutions.  For if one Presidential Administration can override our religious purpose and use religious organizations to advance policies that undercut our values, then surely another Administration will do the same for another very different set of policies, each time invoking some concept of popular will or the public good, with the result these religious organizations become mere tools for the exercise of government power, morally subservient to the state, and not free from its infringements.  If that happens, it will be the end of genuinely religious organizations in all but name.

If this case winds up before the Supreme Court, Solicitor General Donald Verrilli will have his hands full trying to defend this governmental usurpation of powers.



Are the Feds Going to Confiscate Musicians Guitars? by The Elephant's Child

Tennessee Senator Lamar Alexander is concerned about the summer concert season. Nashville is home to one of Gibson Guitar’s factories, and to many of the famed bands and stars  who use Gibson Guitars. According to the Examiner.federal agents are poised to seize the instruments made by Gibson Guitars, theoretically because the wood used in Guitar frets may not meet Indian and Madagascar environmental law, although the governments of India and Madagascar insist that they do.

Gibson Guitar factories in Nashville and Memphis were raided by armed federal agents nine months ago supposedly for violating the Lacey Act; and though they have been operating in a sort of legal limbo since last August, no formal charges have been forthcoming.  The Justice Department’s Environment and Natural Resources Division (whose career staff is notorious for pursuing a green agenda)  and senators are working to solve the situation. Alexander and Senator Ron Wyden (D-OR) met with representatives from the music industry, the wood import business and environmental and conservation groups on Thursday to settle on a solution. Alexander said:

“We held this roundtable because instrument makers like Gibson Guitars in Tennessee are an important part of our music industry, and if the Lacey Act as written is keeping them from being able to get the wood they need to make instruments, we need to make every effort to fix the regulation,” said Alexander.

“The law was intended to prevent illegal logging and protect U.S. jobs that are threatened by illegal logging, it was never intended to seize instruments or wood products that were obtained prior to the passage of the Lacey Act amendments in May 2008 because they were made from imported wood—and when laws have unintended consequences, Congress has a responsibility to promptly make changes,” he added.

This is a very odd case. It seems like an example of government gone wild, or at least government asserting their power— because they can. The Justice Department is already in difficult territory with their failure to prosecute the voter intimidation case of the Black Panthers, and Congress is pursing the Fast and Furious gun-running case. There is a significant amount of over criminalization going on.  We have a number of departments in the Executive Branch that seem to be out-of-control, and acting illegally. I don’t know how this will play out, but it is very worrying.



Here’s How Obama Destroys American Jobs by The Elephant's Child

This video was made back in October of last year, when Henry Juszkiewicz , CEO of Gibson Guitar Company testified before Congress.  Gibson Guitars has been accused by the Obama Administration of running afoul of the Lacey Ace — one of the oldest U.S. environmental regulations. Gibson’s violations were deemed so severe that armed federal marshals entered its facilities in Nashville and Memphis in August 2011 and seized millions of dollars worth of guitars, which the government alleges may have been constructed of wood illegally harvested in Madagascar and India.

Under the Lacey Act, it is a federal offense “to import fish, wildlife or plants” in violation of any foreign law.” Congress passed the law in 1900 to protect states against poachers who fled with their goods to another state. It thus runs afoul of fundamental tenets of Anglo-American common law: that “men of common intelligence” must be able to understand what a law means. Good luck with that.

It has been nine months since the Gibson raid, and as yet they have not been charged with anything. Gibson was set up. The story here, according to Kim Strassel of the Wall Street Journal says:

The story here is about how a toxic alliance of ideological activists and trade protectionists deliberately set about creating a vague law, one designed to make an example out of companies (like Gibson) and thus chill imports—even legal ones.

The Lacey Act was passed in 1900 to stop trade in illegal wild game. Over the years it has expanded, and today it encompasses a range of endangered species. It requires American businesses to follow both U.S. and foreign law, though with most Lacey goods, this has been relatively clear. Think elephant tusks, tiger pelts or tropical birds.

That changed in 2007, when an alliance of environmentalists, labor unions and industry groups began pushing for Lacey to cover “plant and plant products” and related items. Congress had previously resisted such a broad definition for the simple reason that it would encompass timber products. Trees are ubiquitous, are transformed into thousands of byproducts, and pass through dozens of countries. Whereas even a small U.S. importer would know not to import a tiger skin, tracking a sliver of wood (now transformed into a toy, or an umbrella) through this maze of countries and manufacturing laws back to the tree it came from, would be impossible.

The drive to expand the Lacey Act was headed by” a murky British green outfit called tje Environmental Investigation Agency. The EIA is anti-logging, and understands that the best way to force developing countries to “preserve” their natural resources is to dry up the market for their products. They would prefer that wood be sourced from the US. and Europe where green groups have more influence over rules.”

Gibson has been trapped, as intended. The company is not accused of importing banned wood. The ebony it bought for frets is legal and documented.”The issue is whether Gibson ran afoul of a technical Indian law governing the export of finished wood products.  The U.S. government’s interpretation of Indian law suggests that the wood Gibson imported wasn’t finished enough.”

If you wondered why more jobs are not being created in our economy, you only have to look at Gibson, to see why businessmen might be scared and huddling down to wait Obama out. And Gibson is not alone. There are other companies suffering under the loony expansion of the Lacey Act. But there are Congressmen trying to amend the Lacey Act to see that criminal enforcement of the Lacey Act is unnecessary, and leads to miscarriages of justice. Laws should be clear so that people can understand what they must do to follow it.

The solution, of course is deregulation. According to Iain Murray of CEI , if deregulation were implemented correctly, it would provide an almost cost-free stimulus of a trillion dollars or more.  According to the Small business Administration, the regulatory burden on our economy is a staggering $1.74 trillion annually. The Obama administration is in full denial, and Cass Sunstein, who heads up the “Office of Information and Regulatory Affairs, calls it an “urban myth.”

In Wayne Crews annual report on the growth of the regulatory state Ten Thousand Commandments, notes that the number of pages in the Federal Register has grown from 67,000 to 81,405.  Each page delineates a rule that imposes costs on businesses while creating more jobs for bureaucrats. The costs of compliance with regulations average $10,585 per employee.  No wonder small businesses, th e usual engine of growth in the economy, have stalled. Over 60 percent of small businesses have no plans to hire in the next year.

Obama’s standard statement is “Private sector employment rose by 130,000 jobs in April. The economy has added private sector jobs for 26 straight months for a total of more than 4,25 million jobs over that period.” Those 130,000 jobs don’t sound like such a big deal when you realize that the economy would h ave to create 125,000 jobs each month just to keep up with population growth. But Mr. Obama has some trouble with math.



Everybody Playing by the Same Rules? Nah. by The Elephant's Child

You remember, the huge disagreement between the Obama administration and the Catholic Church. HHS Secretary Kathleen Sebelius issued a ruling that all organizations would have to pay for health  insurance  that covered contraceptives, sterilization and abortifacient drugs for all their employees or students. Ms. Sebelius is Catholic, so you would assume that she would understand the Church’s position.

When Catholic Bishops made the Church position clear, the Administration rewrote the mandate to say that the insurers would have to pay for the drugs and contraceptive, but this was merely a matter of words, not fact, as the Church would still be paying the bill. The administration obviously wasn’t taking the Catholic position seriously.

Franciscan University has announced that they will no longer cover health-insurance at all. Before, the Catholic institution required all students to carry health insurance, those who did not have insurance were required to buy it through the school. PPACA additionally increased the mandated maximum coverage amount for student policies to $100,000 for the next school year. Dozens of Catholic institutions have insisted that they will not comply, but the Obama administration has not been concerned, figuring that they would fall in line.

Here’s where it gets interesting. ObamaCare uses Social Security’s language of the Internal Revenue Code to determine who is eligible for “religious conscience” objection to the insurance mandate. The law provides exemptions for adherents of “recognized religious sects” that are “conscientiously opposed” to accepting benefits from any insurance, public or private.

So—Muslims may claim a religious exemption that is denied to Christians and Jews. Islam believes insurance is haraam (forbidden) and likens insurance to gambling, so the religion is excluded from requirements, mandates, or penalties set forth in the bill. Others who fall into the same category are the Amish, American Indians, and Christian Scientists. But not Catholics nor Jews. Although the U.S. Constitution grants all Americans equal protection of the law — some Americans are more equal than others.

Max Baucus (D-MT),Chairman of the Senate Finance Committee indicated that the purpose of ObamaCare is as much about redistributing income as it is about reforming health care. Another fine example of the iron fist of leftist government putting income distribution and religious discrimination in the hands of ‘wise’ government bureaucrats.

ObamaCare has soared off on its own, completely unrestrained by the Constitution, logic, or common sense. The young are to support he elderly, non-Muslims are to support Muslims, and the Obama mantra of  everyone having a fair shot, doing their fair share, and everybody playing by the same rules was just words, and thrown under the bus when not convenient — as is the norm for this administration.



The Antidote to Pessimism: The Free Market Works! by The Elephant's Child

Over the weekend, 230,000 unemployed people lost their benefits, they just ran out. The recession continues, prices climb  at the grocery store, crisis in Europe, class warfare; this seems like a time of unrelenting pessimism. In his book The Rational Optimist: How Prosperity Evolves, Matt Ridley took a comprehensive look at all of human history through the lens of the awesome power of trade: trade in goods, resources, services, and above all in ideas.

Mr.Ridley says as he writes (in 2010) “it is nine o’clock in the morning. In the two hours since I got out of bed I have showered in water heated by North Sea gas, shaved using an American razor running on electricity mae from British cola, eaten a slice of bread made from French wheat, spread with New Zealand butter and Spanish marmalade, then brewed a cup of tea using leaves grown in Sri Lanka, dressed myself in clothes of Indian cotton and Australian wool, with shoes of Chinese leather and Malaysian rubber, and read a newspaper made from Finnish wood pulp and Chinese ink.” He continues, but the point is the worldwide trade that is part of every object we use. Free trade.

For from the earliest man, a trade involved a willing purchaser and a willing seller who agreed on the exchange. The Occupy people are in the streets carrying signs objecting in (often) vile language to capitalism and the free market. Socialism, they are sure, would be much better — then somebody else would pay their college bills. But socialism too has a history. And it has been a disastrous failure everywhere it has been tried. And this time will not be different — it never is. and they are sure, always, that they can fix things with more central planning, more regulation by wise government experts.

Last April 27, one of the worst tornadoes in American history ripped through Tuscaloosa Ala., killing 52 people and wrecking or destroying  2,000 buildings. It took only 6 minutes to put almost one tenth of the city’s population into the unemployment line.  Only a month later, Joplin, Mo., suffered an even more devastating blow— in a city with half the population of Tuscaloosa, a tornado killed 161 people and damaged or destroyed more than 6,000 buildings.

More than 100,000 volunteers mobilized to help the stricken cities. A year later, that spirit lives on in Joplin, where eight of 10 affected businesses have reopened, while fewer than half in Tuscaloosa have even applied for building permits, and vacant lots abound. In Tuscaloosa, officials sought to remake the urban landscape top-down, imposing a redevelopment plan on business, while Joplin took a bottom-up approach, allowing businesses to take the lead in their own recovery. Evidence.

From Small Dead Animals: Wells Fargo Bank is taking steps toward repossessing Stockton, California’s new City Hall, a eight-story high-rise. City government has never moved into the $40.7 million building. City officials in America’s most miserable city still take in over $50,000 in processing and other fees on each new home built, and has been fining homeowners for not painting their yellowing lawns green. Ninety-four retired city union employees receive pensions of over $100,000 a year and free healthcare for life. Big spenders, bankrupt city. Evidence.

Well, that’s California. Governor Brown is raising taxes on the wealthy, who are moving out of the state in droves, as are businesses. Governor Jerry Brown also says that California is facing a higher-than-expected $16 billion budget shortfall, but they are still not ready to call a halt to their ambitious high-speed rail programs. They get lots of Obama money for rail, but California will bear the brunt of the escalating cost, and the shortfall when nobody rides. California has had a net loss of four million residents to other states, and yes, this is evidence as well.

Economist Daniel Mitchell notes that:

President Obama’s fiscal policy is a dismal mixture. On spending, he wants a European-style welfare state. On taxes, he is fixated on class-warfare tax policy.

If we want to know the consequences of that approach, we can look at the ongoing collapse of Greece. Or, if we don’t like overseas examples, we can look at California. If the (formerly) Golden State is any example, it turns out that having high tax rates doesn’t necessarily translate into high tax revenues.

It seems that across the nation, the states with the greatest outflow of citizens and businesses are the states that are trying to recoup their financial standing by raising taxes and increasing regulation — after California, there is Illinois, New York, Connecticut, Massachusetts, and their businesses and their people  are moving to low tax states, with less regulation and even right-to-work rules as governors cut costs and regulations, and rein in out of control benefits. Evidence.

As California is a bad example in the United States, so it is with the ongoing crisis in Greece. Obama wants us to be more like the European welfare states, but Europe is in crisis, and the big questions are whether the European Union can survive at all. The political left has long wanted America to be more like a Scandinavian nation. But while we weren’t paying attention, Sweden has changed with the election of Fredrik Reinfeldt as prime minister in 2006.

Mr. Reinfeldt took office in October of that year, and by January of 2007, tax cutting had begun. They cut welfare spending and began to deregulate the economy. These steps not only did not harm Sweden’s economy, but improved it. Sweden pulled strongly out of the decline of 2008 and 2009, posting GDP gains of 6.1% in 2010 and 3.9% last year, when it ranked at the top of Europe’s fastest growing economies.

While most European countries borrowed heavily, Finance Minister Anders Borg pared back government. His ‘stimulus’ was a permanent tax cut. Borg strongly opposed the Keynesian solution which the left has continued to advance while it rejects an austerity that has yet to be implemented.  Evidence.

These are just a few examples of the free market at work. The free market starts with an agreeable exchange between two people. It’s not all that different if it is an early man trading a bearskin for some shells or you plunking down the money for a new laptop. The exchange will take place only if each feels that they are getting a good deal. Multiply that exchange by the 330 million people in the United States, and attempt to explain how the heavy hand of government, high taxes and heavy regulation can improve upon that trade. Everywhere you look, you will see the free market at work,  — or not working because of government interference.

And do read Matt Ridley’s The Rational Optimist or John Steele Gordon’s An Empire of Wealth. Perfect antidotes for a pessimistic time.  They are not only an optimistic view of the world, but a clear and incisive portrayal of what works.  Beside that, they are just good reads.

 



Something to Keep in Mind, Now and in November. by The Elephant's Child

An Embarrassed Massachusetts Legislature Backs Down. by The Elephant's Child

Common sense triumphs. Massachusetts state lawmakers overturned the ban on school bake sales. The controversial ban’s guidelines also prohibited pizza, white bread and 2 percent milk. Legislators heard plenty from outraged parents.

The theory is an “epidemic” of childhood obesity is threatening the lives of the country’s youngest generation —and that government bureaucrats must decide what foods children should eat and when. Hardly a day goes by without a new article about some bureaucrats somewhere telling people how to live their lives, or parents how to raise their children.



The Attack of the Regulators. They Just Can’t Leave You Alone. by The Elephant's Child

The Stamp Act of 1765 was a was a tax that the British Parliament imposed on their colonies in British America. Printed materials such as magazines, legal documents, newspapers had to be produced on stamped paper made in London that carried an embossed revenue stamp. The tax had to be paid in valid British currency, not in Colonial paper money, and its purpose was to help pay for the British troops stationed in America.

The British government thought that the colonies were the prime beneficiaries of the military presence and should pay at least a portion of the expense.  It was a last-straw of sorts, and both colonists and British Parliament got their respective backs up. Protests, opposition, even from British merchants and manufacturers. The Act was repealed, but Parliament emphasized their power in a series of new taxes and regulations also opposed  by the colonists. Well, we know where that led.

Massachusetts, unfamiliar with their own history, has decided to outlaw school bake sales. Out with the cupcakes and  cookies.  No selling tasty goodies to make a bit of money for the benefit of the kids. Some bureaucrat thinks there are too many calories. No holiday parties, no celebrations, no door-to-door candy sales, and no goodies at football games. Parents are angry.

New York City’s Nanny Bloomberg has ordered homeless shelters to refuse any donated food that isn’t nutritionally “assessed.” He would rather see the homeless go hungry than eat officially unapproved food. City hall says that it cannot analyze food that organizations have been donating for years, so the shelters must turn the food away. A new document from the bureaucracy dictates serving sized, salt, fat and calorie limits, fiber minimums and condiment recommendations. Many of the city’s churches and synagogues would drop off freshly cooked surplus food from church events.

Bloomberg has already banned smoking in all commercial locales and the serving of trans fats in all city restaurants — though no one has found trans fats unhealthy.

The Federal Trade Commission (FTC) has been tasked with devising stricter regulation of appliance labels. The agency intends to prohibit manufacturers from hanging yellow EnergyGuide labels from clothes washers, dishwashers and refrigerators. Instead adhesive labels will be required. The labels must be attached by the manufacturer, be easily removable with just water, but of significant adhesive so they will stick until the purchases removes them (size, adhesiveness, paper weight, and peel adhesion capacity are all specified). They haven’t decided whether to require “QR” codes that can be read by a smartphone.

This is all because the Government Accountability Office conducted  surveillance at 30 stores in 2007, and 26% of the products had no EnergyGuide label. I believe I have read elsewhere that the EnergyGuide labels are largely hooey, but the labels must be there. U.S. Customs and Border Protection are proposing to turn away imports of any consumer products and industrial equipment that do not have the proper labeling.

Governor Christine Gregoire (D-WA) has decided that physicians should be required to prescribe generic drugs, and if they wanted to prescribe brand name drugs would have to go through a lengthy procedure to get permission.She does, I believe, have a law degree — she was Attorney General before winning the governor’s office, but as far as I know, no medical training whatsoever.

Liberals do these things for your own good, you see. They know what is best. They don’t think you are very smart or you would be doing these good things for yourself. It’s compulsive. When they give you all the good things that they bestow in order to win your vote, those things cost money. So in order to cut costs, they have to force you to follow their guidelines.

If you look at Obama’s “Life of Julia” and consider all the “beneficial things” that Obama has done for Julia in that light, Julia’s life doesn’t look quite so attractive — if you found it attractive in any way. If Julia doesn’t take advantage of the good works, you can bet that some bureaucrat will see that she does.

Democrats are perpetually discontented. They don’t like things the way they are, they want something different. They form their committees and Non-Governmental Organizations (NGOs) so they have a larger voice in order to try to fix everything according to their lights. Liberty is not on their agenda. For Obama, leaving the individual citizen alone —without government help —is inconceivable. Yet this is a deep misunderstanding of the American people. America was founded by people trying to escape government regulation and government interference in their lives. We are a people hostile to committees and bureaus and bureaucrats.

The first thing a bunch of Democrats do is form a committee.



Successful Reform in Wisconsin: Sullen, Angry Unions! by The Elephant's Child

EAGnews.org has produced an exclusive video report titled “Anarchy 101: How Wisconsin’s Left Embraces Chaos” disclosing who and what were behind the massive demonstrations, the occupation of the Capitol in Madison, and extreme tactics employed to stop Walker’s reforms from being enacted.

Remember the riots and the drums, the signs and the screaming mobs in the Capitol building? Lawmakers  fled to Illinois to avoid voting on Governor Scott Walker’s collective bargaining law last year. The unions were enraged that government workers and union members were to pay 5.8% of their paychecks toward pensions and 12.6% of their health insurance premiums— a pittance compared to the average in private business.

Since Governor Walker’s reforms went into effect, the doom and gloom scenarios failed to materialize. Property taxes in the state were down 0.4% in 2011, the first decline since 1998. Wisconsin moved up four more places in an annual CEO survey of the best states to do business, after jumping 17 spots last year. The Governor’s office estimated that altogether the reforms have saved state taxpayers more than $1 billion, including $65 million in changes in health-care plans, and some $543 million in local savings documented by the media.

The school board president says the district saved $4 million as a result of last year’s reforms, including $2 million from pension reforms. Schools across the state saved an average of $220 per student because of the ability to introduce competitive building for health insurance. Unexpectedly, only 12% of Wisconsin voters say “restoring collective bargaining rights” is their priority.

The May 8 Democratic recall primary will determine who will run against Mr. Walker in the recall election on June 5. Milwaukee Mayor Tom Barrett, the front runner, is focusing his campaign on jobs, education, the environment and safer communities. No mention of collective bargaining.  Former Dane County Executive Kathleen Falk is heavily supported by unions, but her she has made only passing reference to collective bargaining.

The union reaction was so ferocious because the reforms reduced the clout of Big Labor over state and local taxpayers and the lost ability to milk taxpayers year after year, unchallenged.

Democrats and unions liked to claim that Gov. Walker’s recall campaign was funded by a few wealthy donors.  The head of the Democratic Party of Wisconsin claimed that Mr. Walker’s “shady, under-handed and even downright criminal dirty tricks to deny democracy” are funded by “extremist groups.” The language doesn’t vary much across the country, does it?

“Unexpectedly” according to receipts filed by the campaign, the governor received contributions from more than 89,000 donors, and 87% of those individuals gave $100 or less.  22.000 of the donations were from Wisconsinites., but people all over the country sent in contributions. You can join them at ScottWalker.org  Political courage is all too rare, and should be honored.  Governor Scott Walker is a courageous man.



Just Ordinary Happenings in an Ordinary Day. by The Elephant's Child

— Aurora, Colorado. A six-year-old boy was suspended from school for sexual harassment. First-grader D’Avonte Meadows apparently said the line “I’m sexy and I know it” to a female while he was standing in the lunch line. He didn’t even sing it —”I only said the song,” he told the reporter.

His mother was not pleased. She said she sees things like “fondling, looking up her skirt” as sexual harassment, not quoting an MTV line. “They’re going to look at him like he’s a pervert. And it’s like, that’s not fair to him.” Sable Elementary issued a statement saying it couldn’t discuss the case; but they pointed out a school board policy that defines sexual harassment as any unwelcome sexual advance. There is no age limit.

— Newark, N.J. TSA failed to properly screen a baby for weapons when it was handed from one parent to another during a metal detector walk through. Both parents were screened before leaving for their gate.  A TSA official said that police were told that the slip up was  a “low-risk factor” given the circumstances of the incident. A short the e later, the TSA personnel realized that the baby had no been checked and began searching for the family.

Port Authority police unilaterally made the decision to evacuate the terminal, sweep the terminal for explosives and re-screen all of the passengers. This, of course, inconvenienced hundreds of passengers and  delayed many flights, said the official who was not authorized to discuss the issue by name because of its delicacy.

Is the country being run by a committee? This seems like the work of a committee, they always mess everything up. Terrorist babies indeed.




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