American Elephants


Is The Constitution Dead? Did It Die While We Weren’t Paying Attention? by The Elephant's Child

Constitution

This lovely paragraph is in Myron Magnet’s review of Philip Hamburger’s Is Administrative Law Unlawful? in City Journal, the magazine of the Manhattan Institute:

The world-historical accomplishment of the American Revolution, and of the Constitution that came out of it, Hamburger notes, was that they turned upside-down the traditional governmental model of “elite power and popular subservience.” Americans “made themselves masters and made their lawmakers their servants” through a Constitution that they themselves had made. They observed laws that had legitimacy because they themselves had consented to them, through representatives whom they themselves had chosen. And “they made clear that not only their executives but even their legislatures were without absolute power.” Citizens claimed for themselves the liberty to do anything that the laws didn’t expressly forbid, and that freedom richly nourished talent, invention, experimentation, specialization—all the human qualities that are the fuel of progress and modernity.

It struck me that much of what drives the Left is contained in that paragraph. What the Left aims for is elite power and popular subservience. Obama, today, in response to a Republican sweep of the 2014 election, has decided, instead of making an effort to work with Congress in a bipartisan manner, to conduct foreign policy and legislate all on his lonesome. Politicians, by their very nature have a healthy dose of self-esteem, and they choose their rhetoric carefully to place their accomplishments or lack of accomplishments in the best possible light. That’s just natural. But insisting that because you are President of the United States you can do whatever you want to do by executive order, ignoring the tripartite nature of our Constitutional government, is just wrong.

The Constitution lodges all legislative power in Congress, which therefore cannot delegate its lawmaking function. It is, Hamburger says, “forbidden for Congress to pass a law creating an executive branch agency that writes rules legally binding on citizens—for example, to set up an agency charged with making a clean environment and then to let it make rules with the force of law to accomplish that end as it sees fit. The power of the legislative’ as the Founding Fathers’ tutelary political philosopher, John Locke, wrote, is   ‘only to make laws and not to make legislators.’ And if Congress can’t delegate the legislative power that the Constitution gives it, it certainly cannot delegate power that the Constitution doesn’t give it—namely, the power to hand out selective exemption from its laws, which is what agencies do when they grant waivers.”

James Madison, architect of the Constitution saw the separation of powers as an essential bulwark of American liberty. Administrative agencies, however, make rules, carry them out, adjudge and punish infractions of them, and wrap up legislative, executive and judicial powers in one noxious unconstitutional mess. Judicial power cannot be delegated as legislative power, the Constitution puts all of it in the judicial branch. Unlike real judges, administrative judges carry out the policy of their agency, as set and overseen by their department chief or the relevant cabinet secretary who in turn oversees him. This is not a court, and not a law, and not legal. Yet they can and do order  parties to appear before it, and extort millions of dollars in settlements, force companies to allow inspectors to enter their premises without warrants, and impose real criminal penalties. It can even kill a whole industry, as Obama’s EPA is attempting to do to the coal industry and the coal-fired power industry because the President mistakenly believes the carbon dioxide they emit is the cause of global warming.

Elites, particularly Leftist elites, do not like the Constitution which restrains their grasp for power. Many have accused Barack Obama of wanting to be a king. He laughs it off, and tries to pretend that his executive orders and executive notes and memorandums and signing statements are all perfectly constitutional, and adds, of course, that Bush did it.

Constitutional government is by its nature slow, designed to force new laws to be discussed and argued about, which will incline them to be better written and better law. But Congress, at some point got lazy, and felt it would speed things up if they just handed the administrative function in its entirety off to the assorted agencies of the government.

Thanks to Obama, we have a prime example of the failure of that whole endeavor in the Environmental Protection Agency. Good intentions come up against the nature of bureaucracy which is to grow and elaborate their mission and enhance their power. The Clean Water Act has long since accomplished it’s intent, and the EPA is vigilantly attempting to extend its regulating power to the trickles that flow into the ditches that flow into the creeks that flow into the streams that eventually flow into the “navigable waters,” the big rivers, that were originally given into their oversight. That’s pure power grab.

Congress must take back the legislative power assigned to it, agencies must shrink drastically in size, authority, and reach. They are not allowed to make law, administer law, investigate and judge law and assign penalties. Things have gotten so far out of whack that most, if not all, agencies have their own swat teams.

Part of the problem is that judges don’t know or understand the intricacies of the underlying facts of that which the agencies are attempting to regulate. Congress told the EPA that the navigable waters of the United States should be reasonably clean. The courts don’t necessarily understand where the dividing line for “enough” should fall.

Even while adhering to Supreme Court precedents about administrative power, they “remain free—indeed, [the courts] are bound by duty—to expound the unlawfulness of such power.” And at some point, Hamburger expects, the Supreme Court will have to man up and frankly state that what the Constitution says is the supreme law of the land.

And the people are going to have to let their representatives know that we care about the Constitution and our freedom, and are opposed to the administrative state.



There Is No Deal. There Is No “Framework” Deal. There Is No Truth! by The Elephant's Child

The New York Times headline claimed “Iran Agrees to Detailed Nuclear Outline. The Washington Post followed up with: “Iran agrees to nuclear restrictions in framework deal with world powers.” All hogwash. The “historic agreement” that President Obama is trying desperately to sell is pure fantasy. There has been no agreement on any of the fundamental issues that have led to international concern about Iran’s highly secret nuclear activities and have led to 13 years of diplomatic thrusts and talks and six mandatory resolutions by the United Nations Security Council.

What we have is a bunch of contradictory statements by the assorted  participants in the latest round of talks in Switzerland and an ignored deadline. Everybody is trying to make positive statements that spin things in a desirable manner without exceeding the boundaries of reality. So there was a 291 word joint statement in English by Iranian Foreign Minister Muhammad Javad Zarif and the EU foreign policy leader Federica Mogherini who led the so-called P5+1 group of nations including the US in the negotiations.

Then there was the official Iranian text in 512 Persian words, and the text from US Secretary of State John Kerry who has put out a 1,318 word document which acts as if all is a done deal. The three different documents not only do not agree, they are frankly contradictory. The Mogherini and French texts are vague and not even good spin.

The Persian text carefully avoids any words that might in any way give the impression that anything has been agreed by the Iranian side or that the Islamic republic has offered any concessions whatsoever. The Iranian text is labelled as a press statement only. It opens insisting that it has no “legal aspect” and in intended only as a “guideline for drafting future accords.” Last April they were caught cheating on the amount of oil they were allowed to export under the relaxed sanctions.

The American text pretends to spell out “parameters for a Joint Comprehensive Plan of Action” and claims that key points have been “decided” — and what remains to be done is  to work out the “implementation details.” The U.S.version claims that Iran has agreed to certain restraints for example reducing the number of centrifuges from 19,000 to 6,500.

The Iranian text, however, says that Iran “shall be able to …” or “qader khahad boud” in Farsi to do such a thing. The same is true about enrichment in Fordow. The Americans say Iran has agreed to stop enrichment there for 15 years. The Iranian text, however, refers to this as something that Iran “will be able to do,” if it so wished. Sometimes the two texts are diametrically opposed.

The American statement claims that Iran has agreed not to use advanced centrifuges, each of which could do the work of 10 old ones. The Iranian text, however, insists that “on the basis of solutions found, work on advanced centrifuges shall continue on the basis of a 10-year plan.”

The American text claims that Iran has agreed to dismantle the core of the heavy water plutonium plant in Arak. The Iranian text says the opposite. The plant shall remain and be updated and modernized.

The American text talks of “sanctions relief” while Iran claims that the sanctions would be  “immediately terminated.” Which is it? This is not a small matter. Remember that Obama is a fierce competitor and determined to build a legacy, and get his way.

In his Rose Garden statement, Obama said:

Over a year ago, we took the first step towards today’s framework with a deal to stop the progress of Iran’s nuclear program and roll it back in key areas.  And recall that at the time, skeptics argued that Iran would cheat, and that we could not verify their compliance and the interim agreement would fail. Instead, it has succeeded exactly as intended. Iran has met all of its obligations. It eliminated its stockpile of dangerous nuclear material.  Inspections of Iran’s program increased. And we continued negotiations to see if we could achieve a more comprehensive deal.

Today, after many months of tough, principled diplomacy, we have achieved the framework for that deal.  And it is a good deal, a deal that meets our core objectives.  This framework would cut off every pathway that Iran could take to develop a nuclear weapon.  Iran will face strict limitations on its program, and Iran has also agreed to the most robust and intrusive inspections and transparency regime ever negotiated for any nuclear program in history.  So this deal is not based on trust, it’s based on unprecedented verification.

According to the Persians, they have agreed to no such thing. Iran has said clearly that Obama is lying. Iran has cheated on every single restriction ever placed on them. There have been 20 years of nuclear deal-breaking. In 2003, after Iran came clean, inspectors kept finding new and undeclared sites within Iran. In December they were caught shopping for components for its heavy-water reactor which can produce weapons-grade plutonium.

Iran says plainly that they will not shut down a single facility, will not dismantle a single centrifuge, and will not ship it’s stockpile of enriched uranium out of the country. The UN inspections people say they really don’t know just what the Iranians have, and won’t know without being able to do surprise inspections.

But Obama wants you to know that the deal he has not made is a good one. He claimed that the only alternative to his deal was another ground war in the Middle East. Yet anyone who has been paying the slightest attention could come up with several alternatives. Obama is regarded as completely weak. The Arab nations have joined together with Israel to protest the deal he seems so determined on. He says “this is our best bet by far to make sure Iran doesn’t get a nuclear weapon.” But he also says that ” Iran wants to join the community of nations” just at the moment that they are sponsoring genocide in Syria. He seems to think the Iranian people want to be part of that community, without any understanding that Iran is a dictatorial theocracy, and if the people dared to speak out, which they don’t, they would swiftly be executed.

Willful ignorance, and a frightening fantasy. When they shriek “Death to America” and “Death to Israel” — they actually mean it.



Happy Easter! by American Elephant
April 5, 2015, 10:06 am
Filed under: History, News, Religion | Tags: , , ,

Matthew 28:1-10

After the Sabbath, at dawn on the first day of the week, Mary Magdalene and the other Mary went to look at the tomb. There was a violent earthquake, for an angel of the Lord came down from heaven and, going to the tomb, rolled back the stone and sat on it. His appearance was like lightning, and his clothes were white as snow. The guards were so afraid of him that they shook and became like dead men.

The angel said to the women, “Do not be afraid, for I know that you are looking for Jesus, who was crucified. He is not here; he has risen, just as he said. Come and see the place where he lay. Then go quickly and tell his disciples: ‘He has risen from the dead and is going ahead of you into Galilee. There you will see him.’ Now I have told you.”

So the women hurried away from the tomb, afraid yet filled with joy, and ran to tell his disciples. Suddenly Jesus met them. “Greetings,” he said. They came to him, clasped his feet and worshiped him. Then Jesus said to them, “Do not be afraid. Go and tell my brothers to go to Galilee; there they will see me.”



How to Catch The Easter Bunny by The Elephant's Child

Re-posted from last Easter:

You need some preparations first. The Easter bunny comes in the early morning hours, right at dawn, when the sun is just coming up and the dew is still shining on the grass. You have to find a likely spot which seems as if it might be a bunny path. You will require a standard bushel basket, a long straight stick of kindling, and a good strong straight pin or slender nail. And you will need a nice fresh young carrot with its greens still intact.

You must set up the trap the night before Easter, just when it is about to get dark. Turn the bushel basket upside down, and prop up one side with the stick of kindling. Attach the carrot so it hangs on the front of the stick of kindling. You many have to take the kindling out and attach the carrot with a hammer.  It must be well attached, and yet still look enticing. When the Easter bunny comes hopping along, he will spot the carrot right away. Bunnies cannot resist nice fresh carrots. When he takes a bite of the carrot, the stick of kindling will fall and the basket will land on top of the bunny, and he is captured.

Then he needs only love and care.  Bunnies are particularly fond of carrots, of course, and soda crackers, and rabbit chow, grass and clover.

It always worked for me. You can tell if it is the real Easter bunny because he will have a blue ribbon around his neck.



And So It Goes: by The Elephant's Child
RAMclr-022615-negotiations-WS-wide-IBD-Oped-extra-147.gif.cms(click to enlarge)


Another Fine Day in the Middle East. Terror, Killings and Destruction, and a New Civil War in Yemen. by The Elephant's Child

Yemen

To Briefly Sum Up:

On Monday, the Obama White House dismissed the Ayatollah Khamenei’s “Of course Death to America” rhetoric, telling CNN that it was just something “intended for a domestic political audience,” and thus can reasonably be ignored. Josh Earnest had just explained that such rhetoric provided even more reason for negotiating a deal with Iran.

How does that work? Iran has been proclaiming themselves an implacable enemy of America ever since 1979 and the Iranian revolution. If you think that although they are a major oil-producing state, they just want nuclear energy to keep the lights on, ask yourself why they also have been developing intercontinental ballistic missiles.

In spite of every effort made by the White House to prevent Bibi Netanyahu’s reelection, the Israelis gave him a significant vote of confidence and reelected him resoundingly. Obama is furious.

Obama has a bucket list of accomplishments that he expects will prove to the world that he did too deserve that Nobel Peace Prize, and go down in history as one of the greatest presidents. It’s not going too well. Getting the troops out of Iraq was a big one, and that has gone sour. Closing Guantanamo has not gone well, but he’s still determined. He’s just given in a little on getting the troops out of Afghanistan, but only till the end of the year — politely letting the Taliban know just how long they have to wait, with his usual lack of understanding of basic strategy.

He was determined to be the American president who made peace between Israel and Palestine with a two-state solution, forcing Israel to give up their borders, their safety, and their future to a bunch of terrorists supported by the peaceful state of Iran.

And now he’s determined to make a completely worthless deal with Iran, and will obviously give up anything and everything to get a deal, any deal. Iran has no intention of accepting any restraint on their activities. They have refused surprise inspections, or any inspections for which they cannot easily prepare. Since Obama reduced the sanctions, they have no reason to agree to anything. They don’t need to.

We’re told in the meantime that they could probably have a nuclear bomb within 45 days, but the UN nuclear inspectors have said that there is not much that they are actually sure of.

Russian President Vladimir Putin is threatening the Baltic states with Russian submarine activity and a rising cruise-missile threat, Obama has been unable to find the time to meet with NATO’s new Secretary General Jens Stoltenberg. The new idea is that he only has time for our enemies, but not for our allies.

Stoltenberg was twice prime minister of Norway, and is well aware of increasing Russian bomber patrols that include mock attack runs on NATO members’ warships. Our nation is pledged, as a NATO member to defend other NATO members. A meeting with the prime minister might be in order, but then Obama has dumped the eastern Europe missile defense and refused to send lethal weapons to Ukraine. And Stoltenberg might remind him of America’s binding NATO pledge.

Yemen has melted down. We got our people out, but apparently left $500 million worth of advanced weapons for al Qaeda, along with secret files about U.S. counter-terrorism operations. Saudi Arabia has launched military operations against the Iran-backed Houthi Rebels in Yemen. The Royal Saudi Air Force has bombed the positions of Yemen’s Houthi militia and destroyed most of their air defenses. In a joint statement Saudi Arabia, UAE, Bahrain, Qatar and Kuwait will repel Houthi militias, al Qaeda and ISIS as the coup in Yemen represents a major threat to the region’s stability.



American History Lives On In Lexington, Massachusetts by The Elephant's Child

Battle_of_Lexington_DetailApril 19, 1775, some 700 British troops arrived in Lexington and came upon 77 militiamen gathered on the town green. A British major yelled “Throw down your arms! Ye villains,ye rebels!” The vastly outnumbered militiamen had been ordered by their commander to disperse when a shot rang out. No one knows which side fired first, but several British volleys were unleashed before order could be restored. When the smoke cleared, eight militiamen lay dead and nine were wounded, while only one Redcoat was injured. The British troops marched on to Concord to search for rebel arms.

The “shot heard round the world” was fired at Concord Bridge, and nearly 2,000 militiamen harassed the British from behind trees, walls and houses as they returned to Boston, 18 miles away.

Students at Lexington High School are presumably conscious of local history, so the dance committee picked “American Pride” as the theme for their upcoming dance.

Students said the administration canceled an “American Pride” dance because it excluded other nationalities, despite the theme getting the most votes from the dance committee.

School officials defended their decision and added they are willing to tweak the theme in order for everyone to be included.

Well, there you go. Is anyone surprised that a public school would feel that “national pride” would be “more inclusive.” Blah, blah, diverse demography of our community. The idea of America is that people from many nations and many different origins can come to America and become Americans. Supposedly, that is why they are here — to become Americans.

The results were predictable, a little publicity and the school caved, the “National Pride” Dance was rescheduled for late April and students can even wear red, white and blue if they so choose.

This needs more than a sigh, and a “there they go again” response. It is ubiquitous in our school systems. “Diversity” and “social justice” and “inclusiveness” are just a few of the words that indicate a mindset that inflicts the establishment that is supposed to be teaching our children reading with understanding, writing with clarity, mastering mathematics, understanding the basic sciences of biology, chemistry and physics, learning about history and government.

We know from international comparisons that our schools are doing a lousy job of that, and graduating kids who cannot master the basics, but they’re well up on the Left’s touchy-feely pap. We are losing our country, and losing the future because we are not alarmed enough. Most of us can’t yank our kids out of school and afford a private school, or quit our jobs and homeschool. Are you ready to attend some school board meetings and raise hell? Did you actually know anything about the school board members you voted for? Do you read your kids’ textbooks and talk to them about their assignments?

You will notice the little militiaman on the school sign. The kids get it, but the staff doesn’t.

“People consider America to be a melting pot, so the fact that it was even considered offensive is what people are a little surprised about,” said student Sneha Rao.

7207360_G-550x309




Follow

Get every new post delivered to your Inbox.

Join 7,034 other followers

%d bloggers like this: