American Elephants


The Tyranny of the Administrative State by The Elephant's Child

wy-pond-550x309You will be hearing a lot more about “the administrative state” in the coming days and weeks. The name sounds way too bureaucratty to be of interest, but phrased a little differently, more like—the Progressives are a bunch of control freaks and want to ruin your life and your freedom with a constant flow of regulation to satisfy their own egos.   That’s much clearer, and unfortunately true.

This seems especially clear because I’m just back from a trip to Home Depot for lightbulbs. If you have recently faced the lightbulb display at Home Depot or any similar store, you know what I mean. The federal government decided that the fear of global warming justified banning our dependable, cheap, incandescent bulbs and thrusting upon us all sorts of unsatisfactory junk from China—twisty bulbs, 40 watt bulbs that are now supposed to light as well as 75 watt but don’t use up so much energy and so on. What was once a simple shopping trip has turned into a confusing nightmare. Besides, I personally believe that this has nothing to do with “saving energy” and everything to do with the fact that the lighting companies would make a lot more money if they could force us to use the noxious new bulbs made in China, that being why they have all those lobbyists in D.C. (crony capitalism).

Conservatives talk a lot about Liberty and the Constitution, but I’m afraid that that just passes millennials by. Our founding fathers were only recently subjects of England, and they had revolted and fought  a war to escape what they considered tyranny and a far too administrative state. When they were writing a new constitution for the country, Liberty was paramount in their minds. How could they insure that generations hence would not lightly lose all that they had fought for? They were deeply familiar with ambition and greed, power-seeking, and all the other flaws of humanity. So they devised a system of three equal branches, so that no one branch could exert control over the others—and in general, it has worked pretty well.

When the European Union was being devised to prevent the continual wars that had plagued the continent, Valery Giscard d’ Estang, a former French President, was elected to the commission to devise a constitution for the EU. The commission looked at the U.S. Constitution, but could not imagine devolving so much power to the people. So the EU became the unaccountable body to which much of Europe is revolting and considering leaving, as Britain is now doing.

Here’s an example of how the modern administrative state tramples all over the separation of powers from Steven Hayward’s new book: Patriotism Is Not Enough. A classic paragraph from Boston University law professor Gary Lawson, in his 1994 Harvard Law Review article “The Rise and Rise of the Administrative State.”

The [Federal Trade] Commission promulgates substantive rules of conduct. The Commission then considers whether to authorize investigations into whether the Commission’s rules have been violated. If the Commission authorizes an investigation, the investigation is conducted by the Commission, which reports its findings to the Commission. If the Commission thinks that the Commission’s findings warrant an enforcement action, the Commission issues a complaint. The Commission’s complaint that a Commission rule has been violated is then prosecuted by the Commission and adjudicated by the Commission. This Commission adjudication can either take place before the full Commission or before a semi-autonomous Commission administrative law judge. If the Commission chooses to adjudicate before an administrative law judge rather than before the Commission and the decision is adverse to the Commission, the Commission can appeal to the Commission. If the Commission ultimately finds a violation, then, and only then, the affected private party can appeal to an Article III court. But the agency decision, even before the bona fide Article III tribunal, possesses a very strong presumption of correctness on matters both of fact and of law.

It’s only funny until they start coming after you. We’ve reported on Gibson Guitars, and the Sacketts case in Northern Idaho, and rancher Andy Johnson building a stock pond  (above) on his property, but those are only a few of the big ones. Notable because they were so outrageous and so stupid. But excellent examples of the administrative state at work. How do you fight fines of $35,000 a day? How about telling all the school kids in the country what they have to eat for lunch? Or how about ordering all the bathrooms and locker rooms to be open to anyone who wants to come in?



The Laws of the United States of America Are Going to be Enforced. by The Elephant's Child

john-kelly-testifies-1500-20-jan-2017-ts600John Kelly, Secretary of the Department of Homeland Security, has issued two memoranda directed to the federal agencies that are involved in implementing executive orders or immigration. The memoranda are clearly intended to tell ICE and the Border Patrol and other agencies that the United States laws on immigration are now going to be enforced.

It’s not all going to happen overnight, new resources will be required including the hiring of 10,000 new ICE officers and agents. The memorandum titled “Enforcement of the Immigration Laws to Serve the National Interest” makes it explicitly clear that it is the president’s constitutional duty to take care that the laws be faithfully executed. We have a president who takes his oath of office seriously. This should not be news, but in the wake of Barack Obama’s abdication, it is. Kelly’s memoranda reads, in part:

Except as specifically noted above, the Department no longer will exempt classes or categories of removable aliens from potential enforcement. In faithfully executing the immigration laws, Department personnel should take enforcement actions in accordance with applicable law. In order to achieve this goal, as noted below, I have directed ICE to hire 10,000 officers and agents expeditiously, subject to available resources, and to take enforcement actions consistent with available resources. However, in order to maximize the benefit to public safety, to stem unlawful migration and to prevent fraud and misrepresentation, Department personnel should prioritize for removal those aliens described by Congress in Sections 212(a)(2), (a)(3), and (a)(6)(C), 235(b) and (c), and 237(a)(2) and (4) of the Immigration and Nationality Act (INA).

Victor Davis Hanson points out the complications. Activists portray illegal immigration as a tale of the desperately poor from south of the border seeking a new productive life in the U.S., but the Mexican government keeps taxes low on their elites by exporting their own poor citizens who will send remittances back to Mexico—some $25 billion from Mexican citizens working in America—to support the Mexican economy. Mexico’s approach to immigration enforcement on their own southern border is sterner, and perhaps you remember the U.S. military member who got confused at the border crossing into Mexico, got into the wrong line and ended up in a Mexican prison for his error. And of course the Mexican government is having fits at President Trump’s tweets.

Secretary of State Rex Tillerson and Secretary of Homeland Security John Kelly were in Mexico today to meet with the Mexican government. The current initiative is focused  primarily on those illegal aliens who threaten national security, border security or public safety. But being here illegally is unlawful.

President Obama wanted to use illegal immigrants’ numbers to change the demographics in districts currently unfavorable to Democrats. Which makes the attempts to conflate illegal aliens and illegal immigrants and legal immigrants in the public mind clearer. If most people don’t understand the difference between the popular vote and the electoral college vote, that makes it easier to change the vote by changing the population of a district. Thus, most of those who violated our immigration laws got a pass.

That is coming to a halt. “DHS no longer will exempt classes or categories of removable aliens from potential enforcement. Any illegal immigrant encountered in the course of normal law -enforcement  operations will be subject to deportation.” In other words, our laws will be enforced. It is only in America that deporting aliens or those who have overstayed their visas is a big deal. In virtually every other country immigration enforcement is an uncontroversial part of national life. Canada deports about 13,000 people annually. Australia deports 10,000 people annually, and they intercept illegal boat migrants by denying them any claim to refugee status by not allowing them to land.

The vast majority of Americans oppose the idea of sanctuary cities. A new Harris poll shows that 89% of voters say local authorities should have to comply with the law by reporting illegal immigrants, and the president has broad public support for cracking down on sanctuary cities. American Hispanic citizens are no more favorable to illegal aliens than the rest of us.

Is it possible that the Democrats are on the wrong track here? It would seem so, but if they have a death wish for their party, who am I to interfere?



Tucker Carlson Interviews Leader of Berkeley Protests by The Elephant's Child

Published on Feb 13, 2017

Yvette Felarca, a middle school teacher and “By Any Means Necessary” leader explains to Fox News’ Tucker Carlson her definition of fascism and why gay immigrant Milo Yiannopoulos shouldn’t be allowed to speak anywhere at any time.

Fascism seems to be any view that conflicts with her own, and she is quite sure of her diagnosis of all things fascist. Might be described as sheer venom. You may not disagree. Parents with a child in middle school might want to consider homeschooling.



Notable and Quotable by The Elephant's Child

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Daniel Hannan, Member of the European Parliament:

I have struggled for years to explain that politicians who cant about fairness don’t mean equal treatment or justice, or indeed, any practical outcome whatsoever. What they really mean is that they’re nice people. and they’re prepared to prove how nice they are with your money.

John Steele Gordon: An Empire of Wealth

This willingness to accept present discomfort and risk for the hope of future riches that so characterized these immigrants, and the millions who would follow over the next two centuries, has made a profound, if immeasurable effect on the history of the American economy. Just as those who saw no conflict between worshiping God and seeking earthly success in the seventeenth century, those who sought economic independence in the eighteenth had a powerful impact on the emerging American culture.

John Steele Gordon: ibid

Masterpieces created by a committee are notably few in number, but the United States Constitution is certainly one of them. Amended only twenty-seven times in 215 years, it came into being just as the world was about to undergo the most profound—and continuing—period of economic change the human race has known. The locus of power in the American economy has shifted from sector to sector as that economy has developed. Whole sections of the country have risen and fallen in economic importance. New methods of doing business and economic institutions undreamed of by the Founding Fathers have come into existence in that time, while others have vanished. Fortunes beyond the imagination of anyone living in the pre-industrial world have been built and destroyed. And yet the Constitution endures, and the country continues to flourish under it.



As I Was Saying: Human Nature 101. A Required Course. by The Elephant's Child

If you accept or tolerate bad behavior you will get more of it.

Headline from Breitbart: “Exclusive—Women Nationwide Cut Up Nordstrom’s Cards, Plan Boycotts After Political Decision to Drop Ivanka Trump Line.”  It would have been cheaper to hire some extra guards.

This is a strange political season. Democrats were absolutely confident that they could expect another four or eight years in charge of the government and the country, with Hillary. Because people seemed to like President Obama they thought it was a home run. They didn’t pay attention to the vast numbers of people who believed the country was going in the wrong direction. Democrats lost not just the White House, but straight down the line to city councils. And they lost to a man with an orange complexion and funny hair who often said rude things.

The latter is probably more important to Progressives because they are more superficial in their thinking. They are unconcerned about the threat from Islamic terrorism, and had no problem with the Obama administration’s refusal to use the term. They are unconcerned with graft and Hillary’s use of an illegal private email server that left top-secret State Department communications open to any enemy who cared to look. Progressives care about control. It is essential that they remain in charge, and they were gobsmacked by the loss of power. They have no bench of promising, well known young candidates.

The University of California, still mopping up after an estimated $100,000 damage, already has one of the organizers speaking out to call the Berkeley Riot “Stunningly Successful” and warns of a repeat if Milo returns to the college. “We are happy with the results,” Ronald Cruz, a former student,  told the Chronicle. “We were able to meet Mr Yiannopoulos’ fascist message with massive resistance.”

I would be surprised if he tries to after his humiliating defeat,” he declared. “But if he wants to be defeated again, he will be if he tries.”

The San Francisco Chronicle reported that the damage to downtown Berkeley was around  $400,000 – $500,000. Pre-orders for Milo’s book Dangerous were soaring at Amazon.

Following the riot in Berkeley, Mayor Jesse Arreguin repeatedly smeared MILO as a “white nationalist” and declared that he would not be welcome back in the city, while several celebrities and news outlets expressed support for the riot, including Hollywood director Judd Apatow, who deleted his tweet shortly after, and Fusion, who smeared MILO as a “Nazi” and praised rioters before also deleting their tweet.

So rioters are welcome in any American city, will not be disturbed in their vandalism. Free speech is not permitted. The usual epithets of Nazi, fascist, Hitler etc. are applied to a speaker, not to the criminal behavior which is completely tolerated—because they’re mad that they lost the election.

Janet Napolitano might take notice that the University of Missouri  lost so many prospective students because of protests and rioting on campus that they have had to shut down dorms and struggle with sharply declining revenue. Parents took their kids and their money elsewhere.

Americans are not accustomed to major businesses playing politics. Donations by participants are expected.  But corporations encouraging their workers to demonstrate or protest against the president? Refusing to do business with the daughter of the President of the United States? Surrendering to political threats? Unacceptable.

When there is a riot and no one stops it, rioters are not put in jail for disturbing the peace — you have given power to the rioters. Next time it will be worse.



The Spontaneous Demonstrations at Our Airports Were Carefully Planned. by The Elephant's Child

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Those “Spontaneous Anti-Trump Airport protests weren’t Spontaneous at all,” reports Investors Business Daily. They were carefully planned by hard-core left-wing activist groups. Professional organizers have been waiting for, and planning for Trump’s orders on deportations, bans and detentions. Trump made it clear early that he planned ‘on day one’ to issue a temporary ban on visas and refugees from countries where terrorism was rampant. All these groups had to do was be ready when he made good on his campaign promise.

The news media was astonished, and rushed to report every last sign, shout, shouter, bullhorn and count the crowds. Yet the groups planning the “spontaneous” protests had been eager to share , and claimed to be in “constant contact with lawyers’ associations, lawmakers and reporters.” So how much was fact and how much was made up or wildly exaggerated? How many times did you hear that it was a “Muslim Ban?” It was not. There was no Muslim Ban.

The protests are absurd. Trump’s orders are clearly within his executive powers. The Washington State judge who granted a federal stay suggesting that the executive orders were unconstitutional was out of line, and his suggestions that the orders were harming the people of Washington, silly.

The executive order instituted a 90 day suspension (not ban) of immigrants from countries listed by the Obama administration as having a significant presence of foreign terrorist organizations. It also suspended the U.S. Refugee Admissions Program for 120 days to give Homeland Security and the DNI time to determine how to make sure that terrorists weren’t slipping in as refugees—something ISIS has said they are doing. It also sets a slightly lower cap on refugees this year  than has been the norm for the past decade.

The countries concerned were listed by the Obama administration, not by Trump. President Obama barred large groups of immigrants at least six times out of national security concerns. But then his most recent executive order was to ban any refugees from Cuba—sending them back to the Castros’ communist Cuba.

Catholic Archbishop Bashar Warda of Irbil in Iraq plaintively asked:

“Where were all those protesters when ISIS came to kill Christians and Yazidis and other minority groups? They were not protesting when the tens of thousands of displaced Christians my archdiocese has cared for since 2014 received no financial assistance from the U.S. government or the U.N. There were no protests when Syrian Christians were only let in at a rate that was 20 times less than the percentage of their population in Syria.

I do not understand why some Americans are now upset that the many minority communities that faced a horrible genocide will finally get a degree of priority in some manner.

The Center for Immigration Studies suggests that we can help far more refugees if we help to settle them close to home, where they can more easily return home when the current danger passes. Most refugees don’t really want to move to a new country and an unknown new life. but would rather remain at home where everyone speaks their language and their relatives live, if it was safe.



Understanding the Madness of the Left by The Elephant's Child

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My favorite pastime is not trying to figure out why Democrats, the Left, are doing whatever it is that they are currently doing. I have better things to do, and more pleasant  things to pursue. But clear explanations seem important as they continue to go bat s##t crazy. It would seem that the current antics would drive any sane person into Republican arms permanently, but “sane” seems to be the key word.

The idea of requiring every citizen to vote comes up every once in a while, but is dropped because we really don’t want those who do not pay attention, and have no clue about events, to vote. We believe in an informed citizenry, but for the last eight years we have had a press wallowing in their slobbering devotion to the first black president. Even Barack Obama told them in his last days that they weren’t supposed to be sycophants. That’s not how it’s supposed to work.

Victor Davis Hanson says “Everything is in flux in a way not seen since the election of 1932 in which Franklin D. Roosevelt defeated Herbert Hoofer. Mainstream Democrats are infuriated. Even Republicans are vexed over the outsider Trump.”

Polls, political pundits and “wise” people, guilty of past partisan-driven false prognostications, remain discredited. Their new creased-brow prophesies of doom for President Trump are about as credible as their past insistence that a “blue wall” would keep him out of the White House.

There. The first explains  why they are doing what they are doing, and the second one explains clearly why Donald Trump is insisting on a wall. You’ll be able to explain to your angry family and friends, but they probably won’t be able to hear you, and that’s explained as well.




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