Trickle-Down Federal Power

From Tenther Radio, Episode 116

If we are tucked away safe inside, we don’t tend to worry much about a major rain storm. Sure, we live in a low lying area we might have some concern about flooding, or maybe a mud slide. But in general, we sit inside safe and dry, and go on about our business.

But sometimes, major rain can cause major problems that we aren’t even aware of until it’s too late. Imagine if you have a little leak in your roof – say just the size of a nail. Water trickles in, but nothing you would ever notice. Just a steady little flow. The water puddles in your ceiling. The puddle grows. But you are blissfully unaware until…

WOOOOOOSH! The ceiling gives way under the weight of the pooling water and all of a sudden you have a deluge in your bedroom.

Trickle down can cause big problems.

Well, we have a trickle down problem when it comes to overreaching federal power.

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Unconstitutional Federal Prohibition is Ending

The END is near for federal marijuana “laws” (which have no constitutional authority),whether or not they choose to admit it.  In fact, bringing in the banksters is admitting it. These guys will surely want to expand business. “The Justice Department and federal banking regulators will help clear the way for financial institutions to transact business…

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The Supreme Court as Accomplice: Judicial Backing for Executive Power

Lecture presented by Marshall DeRosa at the Ludwig von Mises Institute’s “Reassessing the Presidency” seminar. This lecture series addresses the much neglected reality that the executive department of the U.S. government has always been the sum total of the American welfare-warfare state. Event held at the Mises Institute in Auburn, Alabama, October 16-17, 1998. http://mises.org

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Ignoring Constitutional Constraints

By Jon N. Hall, Originally published at the American Thinker

When the law no longer commands respect, one can pretty well write off a nation that pretends to be a constitutional republic.  How can The People respect the law when the government doesn’t? President Obama seems to regard the law as a mere inconvenience.

In his must-read August 5 article “The Front Man” at National Review, Kevin Williamson sums up our Harvard Law School president’s taste for lawlessness. “He has spent the past five years methodically testing the limits of what he can get away with, like one of those crafty velociraptors testing the electric fence in Jurassic Park.”

With a compliant Congress in his first two years, and a divided, gridlocked Congress thereafter, Mr. Obama has been able to “get away with” an awful lot. One of ways the president flouts the law is by not enforcing it, such as in his recent “decision” to delay enforcing the employer mandate of ObamaCare. Where does the president get off thinking he has the authority to refuse to enforce a law? The president doesn’t seem to understand his job.

Also, under Obama the executive branch just makes up law, a task generally reserved for the legislative branch. Williamson reports that “although the IRS has no statutory power to collect Affordable Care Act–related fines in states that have not voluntarily set up health-care exchanges, Obama’s managers there have announced that they will do so anyway.”

That announcement brings to mind a provision in the ACA concerning enforcement of the individual mandate: “In the case of any failure by a taxpayer to timely pay any penalty imposed by this section, such taxpayer shall not be subject to any criminal prosecution or penalty with respect to such failure. [Sec. 5000A(g)(2)(A), page 249]” With regard to this prohibition, it remains to be seen whether Obama’s minions at the IRS will announce “that they will do so anyway”?

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Feds Instruct Law Enforcement to Cover Up Investigations of Americans

Agencies of the federal government are sharing the massive database of personal information being obtained by surveillance, and police are being taught how to hide the details from judges and lawyers, a Reuters report reveals.

The documents obtained by Reuters:

show that federal agents are trained to “recreate” the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant’s Constitutional right to a fair trial. If defendants don’t know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence — information that could reveal entrapment, mistakes or biased witnesses.

There is nothing more fundamental to the pursuit of justice than due process, and there is no principle suffering from more sustained attacks from all fronts.

From unwarranted wiretaps to the indefinite detention under the National Defense Authorization Act (NDAA), the federal government is consistently depriving Americans of the right of due process guaranteed by the Constitution.

The Fifth Amendment to the Constitution mandates that “no person shall be deprived of life, liberty, or property without due process of law.”

This amendment is a protection of a timeless principle of liberty and justice. In fact, due process as a check on monarchical power was included in the Magna Carta of 1215. This list of grievances and demands codified the king’s obligation to obey written laws or be punished by his subjects. Article 39 of the Magna Carta says: “No freemen shall be taken or imprisoned or disseised [dispossessed] or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.”



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Lie of the Century: NSA Director Claims to “Stand for Freedom”

We stand for freedom.

Those words were spoken by National Security Agency Director, Keith Alexander at a speech given during the annual Black Hat conference in Las Vegas, Nevada this week.

A little while later, he also responded to a heckler in the audience who told him to “read the Constitution,” with; “I have, and so should you.”

If that doesn’t qualify as the lie of the century, I don’t know what does.

I guess his version of the 4th amendment says this:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated unless the government feels it’s necessary, and no Warrants shall issue, because the government doesn’t need them.”

In an effort to show complete truthfulness, Alexander claimed that he would “answer every question to the fullest extent possible.” This because he welcomed dialog on this issue, and wanted to “put the facts on the table.”  He then assured another questioner in the audience that he had not lied to congress. Although, whether he was speaking only for himself or the entire NSA, is anyone’s guess.  He reaffirmed his stance that the NSA isn’t really doing any information collecting that we should worry about, because they are only collecting metadata.

Interestingly, the ACLU posted a great article yesterday on the truth regarding the intimacy of metadata. MIT media lab has developed a great tool called Immersion which “analyzes the metadata–From, To, Cc and Timestamp fields– from a volunteer’s Gmail account and visualizes it.” It illustrates what a huge repository of information exists as “metadata,” and why we have great reason to be concerned.

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Feds Creating ‘Nudge Squad’ To Manipulate Your Behavior

Think you know how others should run their lives better than they do? Fancy yourself one of the intellectual elite tasked with molding the world into your own image? Love lording power over people?

You can serve on a federal “nudge squad!”

According to a document obtained by FoxNews.com, the federal government has positions open in a newly created “Behavioral Insights Team.” These behavioral scientists will work with a large array of federal agencies molding public policy to help “nudge” Americans toward government-approved behaviors.

“Behavioral sciences can be used to help design public policies that work better, cost less, and help people to achieve their goals,” according to the feds.

Essentially, the team will study ways to manipulate Americans into buying into prescribed federal behaviors, such as paying taxes on time, adopting energy efficiency measures and eating the “right foods. The document lists several examples of U.S. and international policy initiatives already benefiting from the implementation of behavioral insights.

Increasing adoption of energy efficient measures: Offering an attic-clearance service (at full cost) to people led to a five-fold increase in their subsequent adoption of attic-insulation. Interestingly, providing additional government subsidies on attic insulation services had no such effect.

Former Obama regulatory czar  Cass Sunstein and Chicago Booth School of Business professor Richard Thaler coined the term “nudge” in a book by that title back in 2008. The duo “offers a new perspective on preventing the countless mistakes we make—ill-advised personal investments, consumption of unhealthy foods, neglect of our natural resources—and show us how sensible ‘choice architecture’ can successfully nudge people toward the best decisions.”

Thaler can’t imagine why anybody would oppose this idea.

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Constitutional Voodoo from Marco Rubio

Sen. Marco Rubio apparently has gotten himself into a little pickle.

You see, the Florida Senator was one of the Republicans who signed onto a bill requiring lawmakers to provide constitutional justification for any legislation filed in Congress. That sounded like a really cool idea at the time. “Conservatives” LOVE that stuff!

Yay Constitution!

But what happens when you want to do something and no constitutional justification exists?

Well, you do what politicians have done since the beginning of time. You make crap up.

That doesn’t always prove easy, as Rubio is finding out. It takes time to conjure up a convincing lie out of thin air. Of course, that never stopped any politician practicing constitutional voodoo to further his agenda through the exercise of federal power – even if that authority doesn’t actually exist. They just call lack of constitutional authority an “inconvenience.”

It seems the Tea Party darling from Florida has a little “inconvenience” on his hands. He needs to reestablish his conservative creds, tattered by his support for immigration reform. What better way to rekindle conservative romance than to play the pro-life card? So, Rubio announced earlier this month that he wants to serve as the lead sponsor on a bill banning abortions after 20 weeks.

But three weeks later…no bill. Why? Well, it seems the Republicans are having a little difficulty agreeing on the enumerated power that authorizes the federal government to legislate on abortion. And I can tell you exactly why they are having this problem.

THE POWER DOESN’T FREAKING EXIST!!!

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