American Elephants


A Strong Rebuke to the President of the United States by The Elephant's Child

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On Tuesday the Supreme Court issued a stay that blocked the federal government from implementing a series of far-reaching environmental regulations that essentially crippled the entire coal industry. The rules were issued by the Environmental Protection Agency as part of President Obama’s attempt to force America’s energy sector to reduce their carbon emissions to conform to the administration’s demands.

Once again acting on his “presidential authority,” the president was making laws that would close hundreds of coal-fired power plants, because the president believes that CO2 is a pollutant (it is not) and that CO2 is the cause of global warming (it is not). Mr. Obama was trying to set an example for other countries to do the same, to comply with the unenforceable agreement that came out of the Paris Climate Talks—COP21.

Because of a 5-4 majority on the court, nothing will be done to implement those changes until an appeals court can formally rule on a challenge brought by 27 states, and corporate and industry groups against the EPA. What the Supreme Court has done is to restore some sense of accountability to an agency that has attempted to become a legislative body without any authority to do so.

The appellate courts will now have to give the 27 states the opportunity to make their case. The Supreme Court is not just saving the jobs of coal miners and the economy in several states, but calls attention to the rule of law at a time when the president of the United States has come to believe that he doesn’t have to bother with the consent of Congress. He just rewrites the law and dares the critics to stop him.

That stay will remain in effect through the end of Mr. Obama’s presidency, until the Supreme Court has a chance to hear the case—in 2017 at the earliest. The stay sends the strongest possible signal that the court is prepared to strike down the Clean Power Plan on the merits, assuming the next president doesn’t revoke it.

Not since the court blocked President Harry Truman’s seizure of the steel industry has it so severely rebuked a president’s abuse of power. …

In a ruling two years ago the court held that the EPA couldn’t conjure up authority to make “decisions of vast economic and political significance” absent a clear statement from Congress. Thus, the EPA may have the authority to require power plants to operate more efficiently and to install reasonable emissions-reduction technologies. But nothing authorizes the agency to pick winners (solar, wind) and losers (coal) and order generation to be shifted from one to the other, disrupting billion-dollar industries in the process.

The EPA has been rebuked by the courts repeatedly. In January the House joined the Senate in trying to stop another of Obama’s “power grabs” — the EPA’s attempt to seize control of virtually all waterways across the country. The federal government has used the EPA as its proxy and the Clean Water Act to enact its ideas about controlling privately owned land through the regulation of waterways. This year they extended, without congressional input, their authority through the 1972  Clean Water Act.

The Obama administration excused this attempted appropriation as nothing more than an effort to save the nation’s streams, headwaters, creeks and wetlands from “pollution and degradation.” In reality, the EPA simply wanted to expand its command over such near-waterless features as dry creeks, potholes and puddles . Under this regime, private individuals or businesses would need government permission to do anything on their property that is even remotely related to water — such as digging a drainage ditch — giving Washington sweeping powers over private lands.

A federal judge told the EPA last August that they had gone too far, but they just shrugged and said they would enforce the rule in the 37 states that were not part of the lawsuit. “Administrative Law” is one of those innocuous phrases in which the Left excels, like the substitution of  “extremist” for “terrorist.” But you must pay attention to the real meaning — which is the substitution of agency regulation and presidential orders or directions or memos  for the lawful actions of Congress. As Jonathan Turley, professor of Law at George Washington University said:

“What the president is doing is not one of the dangers
the Framers were concerned about; it is the danger
the Framers were concerned about.”



What do College Students Know? by The Elephant's Child

I’m passionate about history. I think it’s imperative for our young people to get a thorough grounding in our history. If we are granting them the privilege of voting, they should know something about our nation and the world. That said, I think most of my own knowledge of history came after I’d graduated from college.

Of course we read reports of kids who can’t find Florida on a map, or who simply have never been taught anything about history. So I shouldn’t be too ready to cast aspersions on ignorant college kids now. If they don’t know anything, it’s not their fault. They have never been taught.

But this video made me cry. If young people know nothing else, they should know what World War II was about, and why it matters. This woman is the daughter of a Holocaust survivor. and she is deeply concerned that students are ill-equipped to understand that there is genocide going on  right now. I’m not even Jewish, though I don’t know what that has to do with anything. Five states require specific education about the Holocaust. There should be more. Unfortunately kids are more apt to be taught about “social justice.” A favorite phrase of the Left — meaningless.

There aren’t all that many survivors left, nor many of those who witnessed it. How can you understand the story of the “Force of the Sun Ladies” in the last post if you do not understand the depths to which humans can descend when radicalized by politics, or religion, or simple greed.

We have a presidential election campaign going on, and so far, voters seem determined to nominate those least equipped to deal with the current problems of the world. It’s a very scary world out there, and the current president has, through his own ignorance of history, weakened America, weakened our military, destroyed relations with our most dependable allies, and increased the chances that we will be attacked here at home with great loss of life.

Edmund Burke said “Those who don’t know history are doomed to repeat it” back in the 1700s, and it has been repeated over and over. Think of it as a plea to learn from history. Teach your kids at home. If you don’t know your own history — study up.



You Want to Be a Little Careful When You Mess Around With Women! by The Elephant's Child

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But they are refugees — we owe them empathy and compassion, we have to help them, don’t we? German Chancellor Angela Merkel saw the desperate bombed out cities and towns in Syria on television, and invited the refugees to come to Germany, because they needed more workers, and owed them compassion. The politicos seem to line up with Chancellor Merkel, but the people are not so sure.

During the New Years celebration in Cologne, Germany at least a thousand North African refugees groped women, there were allegations of two rapes, and the mayor of the city requested that women monitor their “code of conduct.” (Look what she was wearing, she was asking for it) The authorities are dedicated to tolerance, which trumps both survival and personal safety.

In Russia, 51 Muslim refugees expelled from Norway go to a nightclub in Murmansk, grope and molest women, and wake up in the hospital. Russians don’t have all that much tolerance when it comes to sexual assault on local women, in the manner that women were attacked in Cologne. A group of Russian men took them aside to teach them a lesson. and gave them a beating they would remember. Police arrived to break up the fight, but threw a few punches at the refugees before arresting 33 of them. Eighteen were in such bloody condition they had to be taken to the hospital.

The police decided not to file a report, but they did confirm that there was a “mass brawl involving refugees.”

There were various reports about from where the Muslim Refugees were expelled. some said Cologne, others said they were expelled from Norway for “bad behavior.” What seems to be fairly universal is the tolerance expressed and enforced in Western Europe. Herbert London described the situation:

Much of the chaos Germany now endures was predictable. After all, many Muslim men treat woman as inferior, mere objects for their sexual delectation. The Koran endorses the proposition that a woman has half the rights of a man in any legal proceeding. Nonetheless, the compassion crusade goes on.

Common sense would suggest that those who cannot assimilate should never be allowed in and those whose behavior violates German law should be thrown out. But that isn’t the conversation in political councils; it is the conversation on the street. The authorities generally stand with Merkel.

We are suffering from the same tolerance delusion here. The president recoils from calling anyone a “terrorist” — they are “extremists,” but then so is anyone in this country who has a concealed carry permit or holds up a Gadsden flag, or resides in one of those odd states like Texas or Oklahoma or Idaho.  It’s all very strange, and requires careful use of language.

In Erbil, Iraq, “some 2.000 Yazidi women who were captured in the brutal August 2014 attack on their mountain stronghold — have escaped and taken up arms against their former tormentors.They witnessed the slaughter of their families on Mount Sinjar and then were forced into sexual slavery.” They call themselves the ‘Force of the Sun Ladies’ and are ready to fight for vengeance. They have been trained and are ready to fight alongside the Kurdish Peshmerga forces. They range in age from 17 to 37  and there are 500 more waiting to be trained.

The Ladies are reportedly killing about ten ISIS fighters every day.



Willful Ignorance In The White House, Rising Danger in the World. by The Elephant's Child

barack-obama

This is the time of year when President Obama has to come up with his 2017 budget request. Reports have said that the president is planning to ask Congress for billions and billions more to spend on controlling the uncontrollable natural warming and cooling of the earth.

In his weekly address on Saturday, Obama repeated once again his belief that climate change is one of the greatest challenges of our time, which he has said repeatedly, at least 22 times, insisting that it ranks higher on the danger list than terrorism, which he plans to defeat with windmills. Last week he proposed a $10 a barrel tax on oil production, since the price of gas at the pump has dropped and you probably won’t notice if it goes right back up.

His formal request is for $5.2 billion for Department of Energy Green programs — like all the ones that have already gone bankrupt like Solyndra. $1.8 billion would go to making green energy storage more economical. DOE would also get $880 million to make green transportation more affordable and push green fuels. The big drop in the price of gasoline is playing hob with the sales of electric cars, which aren’t all that green anyway if you consider where they get the electricity from.

The EPA’s budget is supposed to get a 50% increase, while 20 states are asking the Supreme Court to challenge their climate rule, which the states say “would cause “irreparable harm” were it allowed to be implemented.”

The National Science Foundation would get $512 million to study green energy. and the USDA would get $105 million for “competitive and intramural research funding to support development of bio-based energy sources that range from sustainable and economical forest systems and farm products to increased production of biofuels.”Even HUD gets more money to get more low-carbon energy into residential homes.

Biofuels don’t work, ethanol should be banned, and Obama wants to put more wood products or anything at all that could replace fossil fuels into your gas tanks. He believes that carbon dioxide is a pollutant (which it isn’t) that it is the cause of the tiny rise in the temperature of the Earth over the last century (it isn’t). We need more CO2 in the atmosphere, because it is a natural fertilizer for plants and is greening the world.

The EPA has released a finding that aircraft (except for Air Force One) carbon emissions contribute to climate change. This will be coordinated with “the International Civil-Aviation Organization, a branch of the United Nations, which is drafting a global standard for airline carbon emissions.”

And terrorism? The bigger threat to America’s security is that the military has not made climate change its number one priority.” A new Pentagon directive says that climate change must be a part of all Defense Department “programs, plans and policies.”

A huge new defense climate bureaucracy is being born after years of defense cutbacks. Our Army is the smallest since 1940. The Navy is the smallest since 1915. Willful stupidity. Obama’s former CIA deputy director Mike Morell told PBS’s Charlie Rose “We didn’t go after oil wells…that ISIS controls, because we didn’t want to do environmental damage.” ISIS just cut their fighter’s salaries in half, because of the drop in the price of the oil that supports their activities.

In the meantime, North Korea just conducted a test of a three stage Taepodong that could potentially carry a nuclear weapon to the U.S. just a month after they said they had detonated a hydrogen bomb. Iran is working on a “Mysterious new installation that’s tied to its nuclear weapons program.” Iran is using North Korea to develop their nuclear program and are cooperating on their missile program. North Korea calls it a “satellite launch” which doesn’t fool anybody but Obama.

Investors says: “Closer to home, there have been at least 81 major terrorist threats against the U .S. since 9/11, the most recent just last month, according to the Heritage Foundation.” The administration tries to palm off their passivity with the term “strategic patience.” Obama has always hidden behind a carefully constructed web of clever words. Sometimes it works.



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.



How Democrats Lie and Mislead About the American Economy by The Elephant's Child

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—The correct minimum wage is $0.00. If you want to hire your neighbor’s 11 year old kid to mow your lawn or pull weeds, you should be able to offer him something under the current minimum wage.

The goofy Democrat line is “But you can’t raise a family on the minimum wage.” Well, no you can’t, but by the time you have a family, you should have some skills that are more useful than those of a pure beginner. We forget that employment, like everything else in the economy, depends on supply and demand. The supply of people who can do a simple minimum wage job successfully is very, very large. The supply of those who can run a giant corporation with 20 divisions, 20,000 employees and country-wide or international reach is significantly much, much smaller. The average tenure for a CEO as head of a corporation is only six years.

—Wal-Mart, America’s largest employer just announced that they will close more than 150 US stores — which will mean that 10,000 employees will lose their jobs. Shutting down underperforming stores will help to move the company back to health, when it can create more permanent jobs. Wal-Mart voluntarily raised its base wage to $9 an hour last April, but this resulted in a 10% drop in earnings. A Union backed group that has heckled the retailer to raise it’s entry level wage, was astonished. But the job losses are the direct result of the changes made at Wal-Mart.

—Here’s Economist Mark Perry at AEI with a list of ten reasons why economists object to the minimum wage.

Obama and Hillary are still pretending that women are paid less than men because America’s employers discriminate against female workers. The Left needs women to be victims, and Hillary is running on her qualifications as a woman. “Today, women account for almost half of the workforce,” Obama huffed. “But the typical woman who works full time still earns 79 cents for every dollar that the typical man does.” Bogus statistic, and Obama knows it, for it simply depends on comparing all women to all men. It has been against the law to pay women and men who do the same job differently since 1963.

Unless women stop getting married and having children, and start abandoning careers in childhood education for naval architecture, this huge gap in wages will almost certainly persist. Democrats thus can keep bringing it up every two years.

—Income inequality, the basis of the entire Democrat campaign, is a factor of demographics. Kids starting out have little income and may have big student loans, or renting an apartment or buying a used car are big expenses. There are more middle-age and old people now than there used to be, and older people tend to have more money than their younger counterparts simply because they have been earning money much longer.

A 70 year old man has been saving most of his life. He owns his home. his children are  grown, he gets Social Security on retirement, and has benefited from a life-long buildup of career skills and connections and is apt to have far more money than a 30 year old. There is a clear relationship between age and the median net worth of people in every quintile. There are more old people as the baby boomers reach retirement age, and the birth rate has dropped so there are fewer young people. Do not let the Democrats fool you with their whining about Income Inequality. Sheer Demographics.

—In his remarks to the Press on Friday, when he bragged about the wonderfulness of his economy, Obama mentioned the drop in the cost of gasoline as one of his beneficial outcomes. That happened in spite of Obama, not because of Obama, as a result of the glut of oil based on Fracking. Obama’s instinctive response is to try to slap a $10 a barrel tax on oil so he can raise the cost of gasoline at the pump — while having more taxes to invest in “clean energy” which is pure waste. Obama’s wind and solar investment, in spite of the huge subsidies and grants, provide a resounding 0.3 percent of America’s energy.

(additional sentence added about equal pay for women)



A Brief Comment on Obama’s Rose Colored Glasses by The Elephant's Child

President Obama: press briefing, Friday, February 5, 2016, on the just released jobs report:

TGIF, everybody.  I wanted to stop by, because as you’re aware by now, America’s businesses created another 158,000 jobs last month.  After reaching 10 percent in 2009, the unemployment rate has now fallen to 4.9 percent — even as more Americans joined the job market last month.  So this is the first time that the unemployment rate has dipped below 5 percent in almost eight years.  Americans are working.

All told, over the past six years, our businesses have added 14 million new jobs.  Seventy-one straight months of private-sector job growth extends the longest streak on record.  Over the past two years, 2014 and 2015, our businesses added more jobs than any time since the 1990s. …

So, as I said at my State of the Union address, the United States of America, right now, has the strongest, most durable economy in the world.  I know that’s still inconvenient for Republican stump speeches as their doom and despair tour plays in New Hampshire.  I guess you cannot please everybody.

Zero Hedge: 02/05/2016, 10;14 a.m.
Headline : “70% Of Jobs Added in January Were Minimum Wage Waiters and Retail Workers”

For those curious where the big jump in earnings came from, the answer appears rather simple: the reason, according to the BLS’ breakdown of jobs added in January (per the Establishment survey), of the 151,000 jobs added in the past month, retail trade added 58,000 jobs in January, while employment in food services and drinking places, aka waiters and bartenders, rose by 47,000 in January.

Simple: state regulations demanding higher wages for minimum wage workers starting January 1, which as discussed previously will promptly lead to employers passing on wage hikes costs to consumers in the form of 10% higher food prices starting in NYC and soon everywhere else.

This is the full breakdown of January job gains:

  • Retail Trade: +58K
  • Leisure and Hospitality, which includes food workers: +44K
  • Professional and business service workers, excluding temp workers: +34K
  • Manufacturing workers posted a curious rebound, rising by +29K. We are confident this number will be revised promptly lower.
  • Construction +18K
  • Wholesale Trade: +9K
  • Education and Health saw a big and unexplained drop from 54K to 6K
  • Information services added just 1K workers
  • As for sectors losing workers included Temp Help workers, Transportation and Warehousing (courtesy of the truck and train recession), Mining and Logging, and Government workers.



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