American Elephants


Social Justice, The Attack on Freedom, and The Drive for Control. by The Elephant's Child

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— Under the United States Constitution, laws are supposed to be made and changed by the legislature, not by the president and his unelected bureaus and agencies and departments. They call laws issued by the president or one of his minions “administrative law,” which sounds innocuous unless you really stop and think about it.

Most presidents, facing defeat at the polls, make an effort to  try for  bipartisanship. Obama does not operate that way. He despises Republicans, and has set all his legal people to work trying to find ways to pass everything he wants on his own authority.

So here we go again. A proposed rule from the Department of Labor would compel businesses to reveal the names of outside attorneys or labor relations consulting firms with whom they contract. Then the consultants and attorneys contracted would be required to publicly disclose all other similar clients and how much they were paid for their services. George Leef says:

There is nothing illegal in contracting with attorneys and consultants who advise management on the legalities of and tactics relating to fending off unionization. But with time running out in the Obama administration to do favors for Big Labor, the Labor Department wants to do as much as it can to deter companies from dealing with such specialists.

The applicable federal law is the Labor Management Reporting and Disclosure Act. That law was catalyzed by the explosive McClellan Committee hearings in 1957-8, which disclosed, as the statute recites, “a number of instances of breach of trust, corruption, disregard for the rights of individual employees, and other failures to observe high standards of responsibility and ethical conduct….” The thrust of the law, therefore, was to increase transparency on the part of both companies and unions.

One provision of the LMRDA requires employers to name consultants they hired who directly spoke to workers, to solve the supposed problem of workers not realizing when they were being sweet-talked by management allies. But the law also includes an exception (Section 203c) for those who simply give advice to the company.

— If you can’t confiscate America’s guns because the public and the Congress won’t approve, there must be another way:  It’s called “Operation Choke Point” which is a Justice Department effort to require, through the FDIC — forcing banks to stop providing financial services to certain industries.

The businesses in ill favor are lawful firearms dealers, payday lenders, escort services and other companies. Justice has encouraged banks to provide services to others like illegal marijuana sales, marijuana shops, abortion clinics, or radical environmental organizations.

Banks find the restrictions onerous, and require extraordinary amounts of due diligence and excessive paperwork. The government  hasn’t been successful at ammunition restrictions, or with false claims about gun shows, so they’re trying a more oblique attack. Congress has passed a bill attempting to end this improper, illegal run-around.

— The Equal Employment Opportunity Commission (EEOC) wants to know just how much you are getting paid. The administration is chasing “Income Inequality” not to make sure that some people are being treated unfairly, but for control.

‘The EEOC announced changes to its required EEO-1 report requiring employers to submit employee W-2 earnings and hours worked. All employers with at least 100 employees would be required to comply. EEOC and the Office of Federal Contract Compliance Programs (OFCCP) would jointly have access to the data for enforcement purposes.”

“Pay data will be reported in 12 pay bands (e.g. pay band 5 is $39,000 – $49,000) and by race, ethnicity, sex and job category (e.g. 13 black female professionals in pay band 5).”

The Obama Progressives talk equality, but they mean equality for the hoi-polloi  (which is you and me). They don’t mean themselves — such a big mass of hoi-polloi would require skilled administrators and executives and rulers to whom such pedestrian social justice laws do not apply.

Republicans talk about Big Government, and this is what they mean, but they are quite guilty themselves in sending their laws on to agencies and bureaus and commissions to administer. It will take a very able and experienced president who understands the problem of administrative law, and is willing to fight to do something about it.

You mostly don’t slip into Socialism and lose your freedom and autonomy overnight, it’s a long process, and you wake up one morning and it’s gone.


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