We Have a Serious Problem
When I saw this tweet the other night, it got the ol’ gears a-turnin’, as my grandfather would say. John Podhoretz was making a point about one particularly one decidedly unserious lawyer promoting a seriously insincere story based on an even more insincere allegation. It’s the kind of nonsense that never would have seen the light of day, other than on some anonymously written blog, not that long ago.
But I contend the problem runs much deeper than a one ambulance chaser engaged in some shameless self promotion. No, the problem is we have a whole bunch of unserious people filling serious positions.
For instance, the entire “Russia collusion” narrative was driven by the campaign staff of a presidential candidate, who contacted a Washington legal firm, who contracted a former spy to write up a salacious “dossier.” And there the story might have ended, except a US senator then was passed this dossier, who took the absurd revelations in the dossier and gave it to the career prosecutors at the Justice Department. Those prosecutors then gave the dossier to the career investigators at the FBI, who used it to gain a “secret warrant” to spy on the other presidential campaign (and after the election, the President of the United States – elect).
So, people in serious positions who got snookered by this bit of legerdemain:
- Hillary Clinton, Presidential candidate; former Secretary of State, US Senator and First Lady
- James Clapper, Director of National Intelligence; former Director of the Defense Intelligence Agency
- Loretta Lynch, US Attorney General
- James Comey, FBI Director
- Andrew McCabe, former Deputy Director of the FBI
- Peter Strzok, Asst. Director of the FBI for Counter-Intelligence
- Rod Rosenstein, Deputy Attorney General; former US Attorney for Maryland
- Lisa Page, Federal prosecutor, assigned by the FBI to assist Special Counsel Robert Mueller
- Glenn Simpson, Fusion GPS co-founder; former investigative reporter for the Wall Street Journal and Roll Call
- Marc Elias, lead elections attorney for Perkins Cole; formerly the lead counsel for Mrs. Clinton’s presidential campaign
- Rosemary Collyer, current FISA court presiding judge
- Michael Mosman, FISA court judge who approved the first Carter Page warrant
That’s a dozen very well paid people in positions that at one time were considered some of the most important and prestigious in government, the legal profession, the courts and the media. These were positions that once would have been filled with people who understood how serious those positions were to maintaining the apparatus that is the US government, from both inside and out. Instead of people. Those serious positions would have been held by serious people.
Not any longer. It is the crux of the problem Americans see all around us. Is it any wonder we’ve lost our collective trust in these institutions? We have some very unserious people filling positions that are still vital to the nation. It isn’t confined to those dozen people listed above. It is a plague, infecting every level of government, of business, religious life, media and science. The institutions that I and millions of my fellow Americans were taught to admire and respect as youngsters, have spent the past two decades proving that they are filled with people who do not deserve that respect.
I hate tossing out problems without having solutions ready to propose, but I honestly can’t find any to this problem. I learned early on in my career that the best person for the job understood the nature of it, had the skills to perform it and was trustworthy. Obviously, the more senior the positions become, the skills required change, but the person filling the role should still have the first and third qualities. But as we’re witnessing, there aren’t a whole lot of those people around right now.
America: Land of the Restricted, Home of the Coward
Now that I have your attention…
You’ll have to excuse me, but it looks to me like the liberal loony bin that’s been in charge of things for the last quarter century has finally blown their last gasket. The saddest part of it is that so many of you out there are buying the idiocy they’re selling.
I’m referring to the argument they’ve put forth that we need to willingly rescind our rights in exchange for the presumption of safety. Never mind that there is no way to be “safe” in a world where there are close to a billion people who want you dead simply because you breathe. I’m not even going to bother shooting that argument full of holes. Anyone who thinks safety can be purchased by compliant subjugation should probably be killed, anyway. They’re already brain dead.
The latest attempt at subverting the Constitution (and, not so incidentally, the very principles the Nation was founded upon) comes in the wake of the terrorist attack in San Bernardino, CA. Before the smoke had cleared, the liberal vanguard was literally yelling about restricting gun rights. Never mind the facts – which as the hours wore on, made it increasingly clear it was a terrorist attack – the only thing the left saw was an opportunity to play on the understandable fear and revulsion the attack created. And the drumbeat has only intensified in the days since. Indeed, the quasi-communists in the media and government have hardly acknowledged the fact that it was a pair of Muslim jihadists who shot up that conference room. Instead, we get the President lecturing us about “common sense gun safety laws.” We get the flagship of liberal bias in the media, the NY Times, running their first page 1 editorial in 95 years, demanding that Americans voluntarily ignore the 2nd Amendment.
Perhaps no line in that op-ed better summed up the liberals derision of the idea of inalienable rights than this:
“No right is unlimited and immune from reasonable regulation.”
When I read that, I nearly puked. I’m serious. It made me physically ill. No right is unlimited? Rights can – and in the Times’ view, should – be regulated? Excuse me , but WHAT THE ACTUAL FUCK, over? This is still the United States, right? Is this still the country who fought for independence over the idea that rights are immutable and the entire purpose of government is to ensure they are neither limited nor regulated?
There is nonsense, and then there is dangerous nonsense. This type of misinformation is not only dangerous, but seditious. Don’t think so? Which other rights should be regulated and limited? Of course, we’ve seen other manifestations of this thinking since 9/11. There is the Patriot Act, subverting the 4th and 7th Amendments. We’ve had the Department of Justice arguing before the Supreme Court that 1st Amendment protections of religious practice should be subsumed to the greater good. Likewise, The DoJ has filed arguments against the free exercise of political speech. We’ve had this very President argue that the right to life doesn’t exist – he has the authority to launch drone strikes on unarmed Americans.
Enough is enough. A gun is nothing more than a machine built of metal, wood and plastic. A right is a permanent gift from God. If either of those concepts fill you with enough fear that you’re willing to become a midless drone, then you have no business calling yourself an American. You are nothing more than a lilly-livered communist wannabe and I am asking you – nicely – to get the fuck out of my country. Because quite frankly, if you’re that afraid of inanimate objects, you’re going to be too much of a coward to fight in the war that was thrust upon us. And if you’ve lost sight of the very principles that separate Americans from the rest of humanity, then you’ve lost the privilege of calling yourself an American.
What the Farm Bill Defeat Really Means
From the ICYMI file: on Thursday, the House failed to pass a Farm Bill. Why is this significant? Because ordinarily, the Farm Bill passes both chambers easily. For instance, the Senate passed it’s version of the Farm Bill by a 66-27 vote. The last Farm Bill, in 2008, passed 316-117.
So why could this version of what is normally as uncontroversial a piece of legislation as possible garner only 195 “ayes” – and only 24 votes from Democrats? To hear the Democrat House leadership, it was a failure of the Republican leadership to round up their caucus, pointing to the 62 Republicans who voted against the bill. The Republican leadership casts the vote as pure partisan politics by the Democrats, who had promised 40-60 votes for passage and then reneged. According to the political press, the bill failed because it was too draconian in the way it slashed subsidies for everything from direct payments to farmers to the food stamp program.
All of them are wrong.
The problem with all of this prattling is that nobody is paying attention to a new dynamic that is appearing in the legislative process. The legislative institutions are creatures of habit. The rules they play by are built on decades of two-party primacy in American politics. As such, they’ve become a sort of hodge-podge of American Constitutionalism and parliamentary rulings, with very clear delineations of authority. There are majority and minority party leaders, deputies and whips. These party leaders are expected to round up the overwhelming of their party members into voting blocs. In a strict two-party system, these rules have worked well. Both parties have made use of the “Hastert Rule,” even before it was declared by former Speaker Dennis Hastert. (For the politically uninitiated, that particular rule says no bill can come to the floor unless it has support from more than half of the majority party). Likewise, both parties have made use of patronage and privilege to obtain votes and threats of retaliation to punish wayward caucus members.
But the system breaks down and becomes ineffective when there are three or more parties involved in legislating. While there may be only two official parties recognized in Congress, there is a stark reality that isn’t being faced by any of the DC proletariat: when they weren’t looking, a de facto third party stormed the gates. This party is not beholden to established party dictums or the existing rules. In fact, most of these members consider it their sworn duty to upend the apple cart. While most carry the “Republican” label, they are really much more broad than that narrow definition. Moreover, their power may be felt primarily in the House right now, but there are a small number in the Senate who are making life difficult for their caucus leaders.
I’m speaking, of course, about the Tea Party.
It is a loose coalition of libertarians and social conservatives, who ordinarily could not agree on the time of day. But in the current political climate, they do agree on one important point: the federal government is too big, too bloated and too intrusive. They see the issue not as one in which government practices must be reformed, but completely eviscerated. The reason they voted against the Farm Bill was not that it didn’t cut enough (as opined virtually everywhere), but that it spent $940 billion over 5 years – a figure that wasn’t offset anywhere else. For them, it represented further government growth, which is the ultimate sin. Their nays were virtually assured.
So what is the Republican leadership to do? In the Senate, the establishment Republicans are being faced with fierce resistance by the likes of Rand Paul, Ted Cruz and Mike Lee. These members have already employed their own version of the nuclear option to gum up the works on legislation. In the house, Speaker John Boehner and Majority Leader Eric Cantor are faced with a large bloc (perhaps as much as 35% of their caucus) who simply cannot be cajoled or threatened into following them.
The answer is, the Republican establishment needs to understand that the “party line” no longer exists as they know it. If they really want to survive as a viable party, then they need to reclaim their party – and realize they cannot reclaim the Tea Party caucus. The two groups, currently defined as factions within the media, are in fact two separate parties, pursuing disparate goals.
Legislatively, the “loony birds” (as described establishment figure John McCain) are successful strictly because they can sow havoc within the Republican caucus. While they may not have the power to pursue their own legislative agenda, they do have enough clout to prevent bills they dislike from becoming law. It is the root of the “do-nothing” Congress.
Of course, expelling the Tea Party members from the Republican caucus would present two problems for the establishment part of the party. First, in a practical sense, it would mean losing their majority status in the House and being further diminished in the Senate. Second, while the establishment still represents the majority of the Republican brand, there is little doubt that the real energy in the party is coming from the Tea Party faction – and real fear among Republican leaders that crossing swords with Tea Party candidates would lead to decimating losses for establishment types.
For the Tea Party itself, such an expulsion would have immediate consequences, in that there isn’t a national Tea Party infrastructure. This would mean to survive, it would need to build one immediately. Fundraising (always critical in political campaigns), identifying candidates, getting on state ballots – all of these operations would need to get up-and-running within months, if not weeks. Undoubtedly, groups like FreedomWorks and Heritage would be willing to jump in on their behalf. And a skeletal effort could be gleaned from former Rep. Ron Paul’s presidential campaign organizations. It’s even likely the libertarian Koch brothers, much reviled by the political left, would be willing to switch allegiances.
In the short-term, however, the Republican party is facing a question over how to proceed. It seems likely that the compromises hammered out in the Senate stand virtually no chance of passing the House without significant buy-in from Democrats. On budget matters, the Republican Establishment is still more closely aligned with their Tea Party members than with liberal Democrats – meaning repeats of the Farm Bill fiasco are more likely unless the leadership crafts legislation that reduces overall spending. Think about it: the sequester, reviled publicly by liberals and privately by establishment conservatives, was never supposed to happen. The political calculus was nobody would want to see across the board spending cuts. But none of the main players counted on a strong Tea Party bloc that wanted exactly that outcome. And sequester-type bills are the only thing Tea Party members will approve on appropriations.
So, what happens now? Expelling the Tea Party from the Republican caucus would smooth the passage of legislation that bloc finds offensive. But it would cost the establishment Republicans their power and potentially their seats in 2014 or 2016, an unfathomable idea to the Washington mindset. Moving further to the right on budgetary matters would allow them to preserve their majority, but would likely lead to a legislative stalemate with the Senate. That’s also considered a political loser for the establishment. My bet is on the latter, though, if for no other reason that it leaves battle lines as drawn between Republicans and Democrats. It is a version of kabuki theater with which both parties are familiar.
But looming in the background will be the Tea Party. At the moment, it is much more prominent on the national stage than in local and state government. But if more Tea Party type candidates find themselves in elective office on those levels and the establishment Republicans are perceived to only pay lip-service to Tea Party ideals, then watch out. There may be a sudden explosion of legislators and governors, mayors and council members, displaying a T after their name to show party affiliation.
ObamaCare Constitutional (Sort of)!
The Supreme Court issued their ruling on the Patient Protection and Affordability Care Act earlier this morning. The short story is, the act stands. But there is much in the ruling that I can see making the President and entire Federal government wishing they had never taken this up to begin with.
For staters, the Individual Mandate is completely unconstitutional. No ifs, ands, or buts.
“Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress’s power to “regulate Commerce.'”
Instead, the Court ruled that Congress can impose a “health tax” as part of the individual tax code, but again, it cannot apply a penalty to persons who refuse to participate in the insurance market. They can only impose the tax uniformly – on everyone – and then refund or credit people who do buy insurance.
But the biggest bombshell coming from this ruling is the Court’s take on unfunded federal mandates. They’ve basically eviscerated one of Washington’s favorite ploys – requiring the states to do something, but not paying for it. In this instance, it is the expansion of Medicaid to cover all persons up to 133% of the federal poverty line. Although Congress offers short-term relief for the increased expenditure, that ends in 2017 and the states eventually pick up most of the tab – or face losing all of their federal funding for Medicaid. The Court ruled that if the Feds want to expand Medicaid that way, they need to pick up the full tab – permanently.
“The Medicaid expansion thus violates the Constitution by threatening States with the loss of their existing Medicaid funding if they decline to comply with the expansion. The constitutional violation is fully remedied by precluding the Secretary from applying §1396c to withdraw existing Medicaid funds for failure to comply with the requirements set out in the expansion.”
Taken broadly, this opens a Pandora’s box of mandates to legal challenges, in everything from education (“No Child Left Behind”) to transportation (Federal Highway Funding). Fun times lie ahead, I’m sure.
I’ll have more in a few days, once I’ve fully digested all 193 pages of the decision. If interested, you can read the full thing here.