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November 15, 2011

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Janet

Alas these middle age days I look more like a 6'0" bowling pin.

I'm a 5'4" bowling pin. How can we get that to be the "in" look, NK? If marketing can sell kids pants that hang around the mid thigh...then it seems like they could work on popularizing the bowling pin look. :(

daddy

Praising activists who stand up for something or other. Praising activism and bloggers.

Says God Bless everybody.

Big applause.

narciso

Ah yes, that brings the latest wisdom for Mr. Cable, sort of Unthawed lefty from the Point 4 era, without the charm;

http://www.dailymail.co.uk/news/article-2061945/Vince-Cable-We-afford-cut-fuel-tax-motion-approved-vote.html

Sara (Pal2Pal)

Happy Birthday, TM.

Cupcakes for everyone. :)

JM Hanes

DoT:

"Only if they drive on public roads (as opposed to a farm or ranch). And no one is forced to own a car; many people do not."

I'm suggesting that given the trajectory of SCOTUS opinion, those distinctions are unlikely to matter nearly as much as you think they should.

"The issue is whether that power extends so far as to require every individual to purchase a product simply as a consequence of being alive."

It's hard to require a dead guy to buy a product, of course, but given the fact that the government regulates something new every time they pass a law, I don't think a novelty argument is going to get very far. So, while you've stated the "issue," the question you have to answer is why the power to require a purchase does not extend that far, which means establishing/defining the line where prohibition begins. Not an easy task in legalese, I wager!

"The argument that has given the law's supporters the most trouble is the one that says if the congress has the power to do this, then it must have the power to require everyone to buy an American automobile (or broccoli)"

IIRC, the law's supporters have pretty forthrightly agreed that yes, Congress could, but since Healthcare is sui generis, there's really no reason they would (and no reason to entertain that question until they did?). While the broccoli argument has been very popular with the law's detractors, I'd note that it's had mixed results in court.

narciso

Hey, the coffee and pastries are that good, so
I'll excuse it;


http://sayanythingblog.com/entry/how-do-you-say-delicious-in-cuban/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+SayAnything+%28Say+Anything%29

glasater

Happy Birthday, Tom Maguire! What an education you've provided over the years. Many thanks!

Danube of Thought

"It is s not because owning a car involves you in 'commerce among the several states'"

States don't have the power to regulate interstate commerce anyway, and they have a number of general police powers that the federal gov't does not.

If jimmyk's characterization of the law prof's argument is correct, the prof is simply a fool. Medicare does not mandate that you buy insurance, it mandates that you pay a tax. As has been discussed at interminable length, if the congress had levied a tax to finance this damfool scheme, it could have got away with it under its undoubted power to tax income. For political reasons it chose not to do so, and the courts have laughed the government out of court when it has tried to claim that this is, after all, just a tax.

daddy

All those test pix I posted earlier were trying to get a post up about flying with a new guy, but it wouldn't take, and now it's disappeared into the ether. We are hiring about 400 new guys this year and I got a new hire yesterday for his 1st trip after finishing training. We are on a 10 dayer starting in Asia, and all those pix were meant to show the places I was dragging him around Osaka on his first day here to drink beer and eat weird but delicious stuff. Thats what that was all about. Its fun to have a new guy because you get to see yourself from 30 years ago. Very much fun.

Happy Birthday TM.

Thanks for many years of a wonderful Blog.

Sara (Pal2Pal)

If you are a country doctor and take baskets of apples or peaches, a couple loaves of homemade bread, or a chicken as payment for services, can you send the government, say, a chicken as payment? What about those who go to or run free clinics. Seems to me there are lots of areas in which money does not change hands.

MJW

JMH:

Much as it pains me to say it, I think that commerce clause arguments, in and of themselves, will fail because they really aren't all that distinguishable from the established trajectory of SCOTUS opinion. It's simply a matter of incremental degree.

That's certainly the position of knowledgeable people like Orin Kerr on The Volokh Conspiracy. I don't think it's quite that simple. If each decision extending the Commerce Clause (along with the Necessary and Proper) clause provides the justification for extending it a little further, then it has no limits. Those who argue that the mandate is constitutional say the limits are set by Lopez and Morrison. But the only reason they acknowledge those limitations is because the court has already ruled that that's so. Before those cases were decided, they vigorously maintained that they really weren't all that distinguishable from the established trajectory of SCOTUS opinion. The dissents in those 5-4 decisions said exactly that. For instance, Beyer said in Lopez:

The issue in this case is whether the Commerce Clause authorizes Congress to enact a statute that makes it a crime to possess a gun in, or near, a school. In my view, the statute falls well within the scope of the commerce power as this Court has understood that power over the last half-century.
narciso

Yes the good professor was absorbed by the pods;

http://jurist.org/forum/2011/06/charles-fried-health-care-ruling.php

Benjamin Franklin

Hearings on insider trading by Congress, er uh, excuse me,,,,,

PELOSI !!!!!!!!


http://bigjournalism.com/pjsalvatore/2011/11/16/washingtons-crony-correspondents-devastated-as-senate-calls-hearings-on-congressional-insider-trading/


"The hearing, requested by Committee Member Scott Brown, R-Mass., and sparked by a 60 Minutes report, is intended to clarify the laws and rules that govern members of Congress who may profit personally from non-public information they learn in the course of their work."

Ignatz

--I've gone over to Volkh and tried to get the brains over there explain this mandate and how it fits consitutionally.--

Don't waste your time. There are some excellent comments at Volokh but it's comment section is also inhabited by an inordinate number of useless trolls and liberal snots.

Neo

President John F. Kennedy’s nephew, Robert Kennedy, Jr., netted a $1.4 billion bailout for his company, BrightSource, through a loan guarantee issued by a former employee-turned Department of Energy official.

Ralph L

My wife and I cannot be separated from our iPads
WD40 might work, if you can find the little red straw.

Janet

WD40 might work, if you can find the little red straw.

Hahahaha...Ralph L! Ah, that elusive little red straw!

narciso

So the joke was on us, after all;


http://blog.heritage.org/2011/11/16/kennedy-jr-gets-taxpayer-cash-for-green-company/

Benjamin Franklin


Snottiness, aside....


http://motherjones.com/kevin-drum

"Alaska, for example, stopped fluoridating its water this year:

Are they right? I doubt it. The Centers for Disease Control and Prevention and the American Dental Assn. continue to recommend water fluoridation, which they say reduces tooth decay by 25%. And I'm inclined to follow the lead of the leading professional organizations on matters involving their own vocations.

But I'm also glad that the anti-fluoridators are resting their case on science, which provides a shared framework for dialogue and understanding. And that makes them very different from the nation's first critics who were — to put it mildly — paranoid kooks.

This provides Zimmerman with an opportunity to regale us with the history of these kooks, which is certainly good clean fun. Unfortunately, I think he's off base on his wider point. Fluoride aside, it's true that most crackpot arguments these days take on the veneer of science. Creationism has become Intelligent Design. Global warming deniers write lengthy statistical critiques of climate change research. Tax cutters produce Greek-letter-laden academic papers demonstrating that lower rates on rich people will supercharge the economy. Toxin manufacturers of all kinds rely, as they always have, on blizzards of industry-supported research showing that their products are safe. Even abortion activists turn to science to "prove" that human life begins at conception.

There's no question about it: science reigns supreme today. Unfortunately, this doesn't mean that we collectively take empirical evidence more seriously than we used to. What it means is that science has become increasingly debased, just another partisan tool that an increasing number of people take no more seriously than advertising claims about who has the best pizza. Scientists have their version of science and everyone else has theirs. And that version is decidedly not the same as the "elitist" version practiced by the guys in white lab coats."

JM Hanes

ThomasCollins:

"Your commerce clause analysis finds support from folks who would hardly be classified as progs. "

I was really depressed about where I ended up, but perhaps it was a salutary exercise in disguise.

The fact that the Supreme Court, itself, has put us behind the Commerce Clause 8 Ball, ultimately speaks to Republican cynicism about judicial resolutions. Even with conservative intellectual firepower on the highest bench, I'm realizing what a mistake it is to put any eggs in that SCOTUS basket when it comes to rectifying constitutional blunders -- including their own, whether it's Kelo or Roe v. Wade.

So, where does that leave us? I'll take the liberty of using an editorial "we" "you" and "they" to proffer up a mini-Manifesto:

We must repeal Obamacare lock, stock and barrel, no matter what the Court decides. Even if it goes down, we must root out the bureaucracies already semi-cemented in place and the regulations which can easily survive their demise. We must replace it with something better, which does, in fact, address many legitimate concerns without imposing one size fits all solutions and subsuming individual autonomy into the whole [See Manifesto, Paragraph 2]. Congress must staunch the commerce clause bleeding with legislation, but that's just the beginning. Law & order Republicans must reexamine their cavalier acceptance of things like the Patriot Act tools, whose almost entirely unconstrained use has transformed the State's policing powers exponentially on every front, not just national security. Ditto for sitting by while even petty crimes are turned into federal offenses, further increasing the reach of federal force, and while the whole notion of intent is being stricken from the law as we know it. Fill in your own manifest blanks.

Conservatives must also begin to devote more concentrated attention to their own backyards, not just Washington. There's only so much we can accomplish with a Congress which, like the Supreme Court, is also the locus of the problems we are trying to solve. We must exert unflagging pressure our state governments to push back against the feds, and also press for innovative problem solving at the state level. Every state-based success which excludes federal involvement actually ends up pushing the national needle to the right too. The Tea Parties seem to understand that, and the high profile example being set in states like Wisconsin is encouraging. Every failure offers a cautionary tale to other states, instead of sucking us down the collective rabbit hole of nationally instituted imperatives.

The left has lessons to teach us too. We are looking at the same long march through our institutions that brought us, incrementally, to our current sorry pass. It won't be the end of the world if SCOTUS gives Obamacare a pass, or if Obama gets reelected, unless we treat it as a defeat instead of a stumbling block. The left never does that, no matter how loud they whine. If they can't get a bill through Congress, they just keep coming back with it, or pass a smaller bill with an innocuous name, for someone else to build on down the road. Contrast that with regular conservative cry that, "We've been patient long enough," and ask yourself who's been winning.

Benjamin Franklin


""The hearing, requested by Committee Member Scott Brown, R-Mass"

I am shocked, SHOCKED, to hear that there;s gambling going on here".

Sara (Pal2Pal)

Ah, that elusive little red straw!

LOL. I just found one under my mousepad, where I put it for safekeeping 6 mo. ago and then promptly forgot where I put it the next time I wanted to use the can of compressed air for getting pretzel salt out of my keyboard. It was like Christmas. :)

Benjamin Franklin

"We must repeal Obamacare lock, stock and barrel, no matter what the Court decides"

Hell hath no fury ......

narciso

I beg to differ with you, JM, take the British example, every Prime Minister from
Churchill to Heath, did not fundamentally the Beveridge Act, Thatcher, now being savaged by Dame Meryl, is the exception, but as Daniel
Hannan, puts it, the NHS is the third largest
employer on the planet, along with the Chinese
Army and the Indian Railways, what has the right rolled back since the 50s,

Sara (Pal2Pal)

JMH: My experience with "conservatives" is they get active for an issue, if they lose, they take their ball and go home. To this very day, I still don't think most of them understand how important it is to have control in Congress, even if it means electing someone in their own District who isn't as pure as they think they should be.

MayBee

You could make life perfect by duct-taping the red straw to the WD-40 can.

Sara (Pal2Pal)

But first you have to find the duct tape, Maybee.

sbw

I keep the duct tape next to my collection of little red straws...

Now, if I could remember where I put the red straws, I'd find my duct tape.

Jim Rhoads a/k/a vnjagvet

The McCarren-Ferguson Act creates an interesting twist to the health care debate according to the above link from the Cornell Legal Information Institute. This part of the article is particularly instructive:

Up until 1944, insurance was not considered "commerce" and not subject to federal regulation. But in United States v. South-Eastern Underwriters Association, the Supreme Court held that Congress could regulate insurance transactions that were truly interstate. Congress then enacted the McCarran-Ferguson Act (15 U.S.C. § 1011) which provided that the laws of the several states should control the insurance business, but that the Sherman Act, the Clayton Act, and the Federal Trade Commission Act were applicable to the insurance business to the extent that it was unregulated by state law.

The McCarran-Ferguson Act, broadly speaking, gives states the power to regulate the insurance industry. While state insurance statutes override most federal laws, some portions of federal law (like federal tax laws) are always commanding. Therefore, when researching whether a particular law governs, a good rule of thumb is to ask whether the inquiry is related to the "business of insurance" (where state law governs), or whether it is related to peripherals of the industry (labor, tax law, securities - where federal law governs).

pagar

Janet, From this morning NCRC link, if you want a study in strange money spending by the govt on the left look at the entry above the National Community Reinvestment
Coalition (which is #255 in the link). Number 254 which is the YWCA-Kalamazoo got even more of a million plus dollars.

sbw

Rather than Obamacare being illegal, it ought to be argued as unworkable and, more to the point, repellent.

Benjamin Franklin

Hubris, like stupidity, has no limits.

http://motherjones.com/mojo/2011/11/newt-gingrich-most-expensive-historian-world

Newt Gingrich: The World's Most Expensive Historian

When Newt Gingrich was asked by CNBC's John Harwood why Freddie Mac paid him $300,000 in 2006, he played his wild card: He was hired, he said, for his analysis as an "historian." We called baloney—and sure enough Bloomberg reported on Tuesday that Gingrich more or less did the opposite of what he said he did. And now they have a follow-up, with the full price tag: Over eight years, Gingrich was paid $1.6 million, or approximately 100,000 $16 muffins, for his

Janet

Here is the illustration -

Ignatz

--You could make life perfect by duct-taping the red straw to the WD-40 can.--

Don't know if anyone has bought WD-40 in the last five years or so, but the cans now come with a flip up spout with the little red tube permanently attached.

Benjamin Franklin

StudMuffin....

Sara (Pal2Pal)

He was hired, he said, for his analysis as an "historian." We called baloney—and sure enough Bloomberg reported on Tuesday that Gingrich more or less did the opposite of what he said he did.

BF: What is the opposite to historian, if you are a recognized historian, which Gingrich is? Just askin'?

The only word I can think of is prognosticator, but even they usually base their prognostications on the historical record as a jump off point.

Janet

I know, pagar. Some of those organizations even join each other. So A gets $ and B gets $...then A joins B and B joins A.
'Look how big we are...we represent so many poor Americans! Give us more tax money!!'
Just insanity.

sbw

Obamacare is repellent because it is a vehicle for control trying to pass instead as a vehicle for coverage.

Obamacare resorts to the most intrusive approach when, in practice, federal interventions affecting states rights and individual liberties have traditionally sought to be least intrusive.

narciso

I've read enough of these stories to know that 'sources familiar with the arrangement' mean nothing, Freddie Mac does file disclosure
statement, why isnt there a link,

In addition, we have the results of the world's most expensive constitutional law lecturer, and they are not edifying.

Boatbuilder

The opposite of a historian is an NYT editorial writer.

narciso

What happened here, all of a sudden

Frau Genug-ist-genug

"If the law is overtuned you may rest assured that I will find his e-mail again and taunt him without mercy, as is my wont."

Hubba,hubaa!

Extraneus

BrightSource? Ivanpah? Whaddya know. In a former life, I worked with those guys on a technology deal. (Ivanpah is a giant array of mirrors directed at a boiler on a tower in a CA desert.) They were all about stimulus funds, but I'd never heard about the Kennedy spawn's involvement.

Good to know the progs are still able to do business with Israelis, I guess.

narciso

While the other side of the family through Citizen Energy, took Angolan and Venezuelan
petrol;

Extraneus

House Approves Concealed Firearm Permit Bill

WASHINGTON – A state permit to carry a concealed firearm would be valid in almost every other state in the country under legislation the House passed Wednesday.

The first pro-gun bill the House has taken up this year and the first since Rep. Gabrielle Giffords, D-Ariz., was severely injured in a gun attack in January, it had the National Rifle Association's backing and passed by a comfortable margin. The vote was 272-154, with only seven Republicans voting against it and 43 Democrats supporting it.

Danube of Thought

"It's hard to require a dead guy to buy a product, of course"

The issue isn't whether you can impose the requirement on dead guys. It is whether you can impose it on every single person who is living, without regard to anything else about him. And of course, if the "trajectory" is followed and extended, we are screwed. But it it is a lot easier to put a halt to a trjectory than to intrude upon stare decisis by overruling an earlier opinion (which I believe has only been done a couple dozen times).

OL, I have a lot going on right now (wife's birthday), but if you Google "affecting interstate coomerce" you will find a Wikipedia entry that lays out the way all common-sense notions of the meaning of regulating commerce among the states has been read right out of the law in the past 75 years.

Janet

While the other side of the family through Citizen Energy, took Angolan and Venezuelan
petrol;

narciso, I watched a video of John Taylor from NCRC saying it was Joe Kennedy II that started NCRC. It was Kennedy hooking up individual community activist groups in CHICAGO & putting them in an umbrella group to advocate for CRA.

Sara (Pal2Pal)

Via Drudge:

People attending a Rick Perry presidential campaign event [in NH] are being asked to prove they are American citizens.
narciso

Happy birthday's Mrs. Danube, I read up on your family's bio, and I was even more impressed than before

Old Lurker

Thanks DoT. Tell Mrs. DoT HB from us.

Clarice

HM, Mrs, DoT.

centralcal

Happy Birthday Mrs. DoT.

narciso

THery're pretty proud of that fact;

http://www.crahandbook.com/preface.htm

Sara (Pal2Pal)

First ringworm, now scabies. A coworker of mine and her children all got scabies from a used couch she bought at a yard sale. Our employer would not allow her to come to work until they were cleared up and her chair, desk, keyboard, etc. were removed.

hit and run

Happy Birthday Mrs. DoT!!!

narciso

Here's a little background, how does one clean up the link;

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&ved=0CCkQFjAC&url=http%3A%2F%2Fwww.community-wealth.org%2F_pdfs%2Fnews%2Frecent-articles%2F10-10%2Finterview-taylor.pdf&ei=J2rETvazJpTDgAeFhZ3kDg&usg=AFQjCNHZ-9V8nco_nB0qVas0uvyERshtiA

Benjamin Franklin

"In addition, we have the results of the world's most expensive constitutional law lecturer, and they are not edifying."

I assume your pig-headedness is a function of your poor upringing.

Fossils are fragile.

JM Hanes

MJW:

"Those who argue that the mandate is constitutional say the limits are set by Lopez and Morrison. But the only reason they acknowledge those limitations is because the court has already ruled that that's so."

I'm sure hoping that this Court will see fit to impose further limits. I'm just afraid we're already so far down the slippery slope, notwithstanding a few bright lights, that hanging any commerce clause hats on a case of this unprecedented complexity seems incredibly risky, doesn't it? I'm out of my depth when it comes to specific cases, but Lopez sounds much more straightforward, with far fewer constitutional questions at issue, which would make drawing lines much easier. I appreciate your caveat on trajectories, though.

I wonder if your own comment on state requirements and police powers, doesn't suggest that the 10th Amendment division really might be fertile ground on which to make a stand, if challenging the commerce clause, per se, is not the raison d'etre of these complaints? Especially since, no precedent setting cases on that point have ever crossed my radar, at least, which would presumably free the Court up to draw conclusions entirely their own?

The whole thing is clearly going to be a paradigm shifting constitutional cliff hanger worth watching. I just wish I felt more optimistic about the outcome.

sbw

Here's your cleaned up pdf link, Narciso.

Sara (Pal2Pal)

This is one reason I like Romney. I like simple tests like this one:

Asked whether and how he would cut the Education Department and its programs, Romney said, "What I would do is look at each program and say, 'Is this program so essential to America that it is worth borrowing money from China to pay for it?'"

Read more: http://politics.blogs.foxnews.com/2011/11/15/hangouts-mitt-romney#ixzz1dvRzOawG

narciso

Thanks sbw, looking at Morrison, which neutered the efforts of another constitutional
scholar, in the Greater DC area, sarc, one can see how the overreach attempted, was one step too far, as with Lopez

JM Hanes

DoT:

"But it it is a lot easier to put a halt to a trjectory than to intrude upon stare decisis by overruling an earlier opinion"

Perhaps I'm misunderstanding, but I'd have assumed that a trajectory was essentially determined by the accumulation of earlier opinion, not independent of it.

The dead guy wasn't meant to be a serious comment. :-)

JM Hanes

narciso:

"I beg to differ with you, JM, take the British example, ..."

I'm afraid I have to admit that I'm not really sure where it is that you suggest we're disagreeing.

Clarice

It will be great fun to discuss the briefs as they are filed. Until then I'm afraid we lack the skill and discipline to search thru the records of all three cases and all of the material relevant to the issues in those cases/

For sure, most of the reportage will be by journalism majors who do not know shinola from the other stuff and will be promoting the views of the DoJ which is manipulating them with carp.

Sara (Pal2Pal)

ObamaCare killing small medical practices

Health care reform needs to encourage innovation and flexibility. The rise of enormous, super-empowered HMOs closely tied to government regulations suggests we are headed further in the direction of building a corporatist, medico-industrial complex whose powerful lobbies will fight reforms, abuse monopoly powers and further congeal the American health care system into an unmanageable and unaffordable form that will undermine living standards while providing ever-less-satisfactory care.

Don't think many lawyers/justices will care, just more bucks in their pockets for the lawyers.

Ignatz

In case we have any old movie buffs here the great To Be or Not To Be with Jack Benny and Carole Lombard is on TCM.
Can't watch a Jack Benny movie too many times IMO.

Smackwater Jack

Catching up from earlier and I ran across henry's "malaka" comment. What a great insult. In Greek it means "soft one" or in slang it is used to describe the individual in a homosexual relationship that takes on the female role.

Ignatz

--This is one reason I like Romney.--

That's why he worries me. The proper question is 'what the hell is the federal government doing in education' not 'is this program essential'.
Somebody can always bend a pol's ear to let him know their latest gee-whiz idea is "essential".

Sara (Pal2Pal)

For those who may still harbor doubts about the media:

Newspaper Guild Endorses Occupy Movement's Thursday 'Day of Mass Action' at Its Home Page

jimmyk

That's why he worries me.

Precisely. The only way the DoEd budget will even get cut is if the Prez wants to eliminate the department entirely. If he just wants to "look at each program" then maybe the budget won't grow quite as fast as it would otherwise. That won't do.

There's also the China bugaboo meme. Like somehow it's so much worse to borrow from China than to tax ourselves. If Romney is such a whiz-bang business guy he ought to know about the separation of sources and uses of funds.

Having said that, I'll take Romney over Obama in a heartbeat.

Sara (Pal2Pal)

Somebody can always bend a pol's ear to let him know their latest gee-whiz idea is "essential".

That's why we need a businessman rather than a pol. Romney thinks in terms of profit and loss, viability and necessity vs. some political side's wish lists. But, hey, you are in the "piece of shit" list where Romney is concerned, so even though I know you know what I mean, you will turn a blind eye.

Sara (Pal2Pal)

That won't do.

Same ol' Same ol' conservative line. It has to be all or nothing. No inbetween. That is just so naive.

And if you think it is worse to finance ourselves than sell our soul to China, that's just dangerous, IMHO.

jimmyk

It has to be all or nothing.

Sara, I said I'd vote for him in a heartbeat. That doesn't mean I have to agree with everything he stands for. I'm with Iggy: The starting point is the proper role of government, not profit and loss.

Sara (Pal2Pal)

The starting point is the proper role of government, not profit and loss.

We will have to agree to disagree. The whole problem with government is they think there is no consequence to spending money until it is all gone.

My feeling is that you go in and get rid of as much of the dead weight you possibly can and then restructure the rest so that it must live within its means.

JM Hanes

What's Newt's plan for the DEdu?

Ignatz

--But, hey, you are in the "piece of shit" list where Romney is concerned, so even though I know you know what I mean, you will turn a blind eye.--

Gee thanks for putting words, particularly foul ones, in my mouth.
I like Romney personally, seems like an honorable, competent guy. I like to hope he could be held to small government principles if elected.
But his inconsistencies concern me. They don't concern you for some reason, which makes me wonder about who is turning the blind eye.

Ignatz

--What's Newt's plan for the DEdu?--

Take a walk through the joint and see if he can spot a prospective new wife?

Pofarmer

My feeling is that you go in and get rid of as much of the dead weight you possibly can and then restructure the rest so that it must live within its means.

And then the next administration comes along. Better to ax something entirely, than to leave it's zombie corpse to be resurrected.

jimmyk

FWIW, Romney is at 70.1% at Intrade for the nomination. Barry is at 51.5% for winning reelection. That seems about right (maybe a bit high) for Romney, and way to high for Barry. But I've lost every bet I've made on Intrade, so what do I know. (Not that I've actually bet on Intrade, as that would be, ahem, illegal.)

jimmyk

to=too, obviously.

Dave (in MA)
What's Newt's plan for the DEdu?
In the run-up to the ceremonial reelection of '96, the GOP platform promised to abolish the DofEdu. I recall a TV ad that was running here that featured a New talking about his and then the narrator reading in an astonished voice "ABOLISH the Department of EDUCATION!?!?!?" as though learning could not take place in this country without Jimmeh's cabinet level department.
 Ann

Speaking of wives, you know how important I think they are, anyways:
Photobucket
Callista

Photobucket
Ann

I am not taking sides here, just reporting!
:)

Dave (in MA)

("a New?") Should be Newt.

jimmyk

My feeling is that you go in and get rid of as much of the dead weight you possibly can and then restructure the rest so that it must live within its means.

Why not zero-based budgeting? That's a reasonable interpretation of "proper role of government." The burden of proof should be on the spending, not the cutting.

Sara (Pal2Pal)

I like Romney personally, seems like an honorable, competent guy.

I apologize then, although this is a major change from what you had to say the last time around.

I am not as concerned, but then I've spent many hours listening to him in casual appearances and answering questions and read just about everything I know of what he has written. I think that gives me a broader view of what he is saying than anyone can get listening to the media report on what he is saying. Also, from what I've read, I believe he approaches problem-solving much the way I do, especially when it comes to business, so there is an affinity there too.

Sara (Pal2Pal)

Why not zero-based budgeting? That's a reasonable interpretation of "proper role of government." The burden of proof should be on the spending, not the cutting.

I don't know enough to say yes or no, but I'm all for the burden of proof being on the spending, not the cutting. That's why I said, get rid of the dead weight, that that can not be proved or justified, and then restructure the rest so it does put the proof where it belongs.

Frau Keller Kind

Happy Birthday TM from another of your uninvited and appreciative crashers. Your tolerance has been praised throughout the galaxy. The basement has been decorated for your special day, and the virtual drinks are cool and frosty and on "us."

Hoch soll er leben, dreimal hoch!

Sara (Pal2Pal)

Obama’s new fuel standards to add $2,000 to car prices, cost $157B, agencies say

The House Oversight and Government Reform Committee has launched an investigation into how the standards were crafted. California Republican Rep. Darrell Issa, who chairs the oversight committee, has questioned whether the rules were rushed and could jeopardize safety by reducing the weight of cars.

“Beyond jobs that would be lost as a result of this rule, there are concerns that these new regulations were crafted in a manner inconsistent with laws and basic standards of transparency that had the effect of hiding special interest agendas,” Issa said in a statement Wednesday. “The Oversight Committee will continue to conduct its investigation into the process that developed these standards and will continue to press the administration for answers on the impact this rule will have on jobs and vehicle safety.”

In July, when the rules were first drafted, House Majority Leader Eric Cantor’s spokesman wrote on Cantor’s blog that such rules “further tie the hands of job creators and add yet another hurdle to getting the economy up and running.”


JM Hanes

I just saw an amusing bit on the tube about unfriending folks on Facebook which reminded me of something I've been meaning to mention (although an expiring thread in the early AM is probably not the best time for it!).

If anybody has sent me a Facebook friend request and hasn't heard back from me, it's just because I don't really keep up to date with it or with the email account I've used for it. It's been something of an electronic bridge too far, and I have to admit to some confusion between requests and suggestions, etc.

Please feel free to send another request (or another!) if I've neglected you, and if I recognize your name, I'll try to friend you back -- for what it's worth! I mostly use FB to check out the photos that my kids post.

Sara (Pal2Pal)

Health care law threatens to cripple medical device companies

President Barack Obama’s health care reform law is already bleeding jobs from the nation’s high-tech, high-wage medical device industry, but Senate Democrats aren’t trying to close the wound, says Minnesota Republican Rep. Erik Paulsen.

The 2010 law imposed a crippling 10-year, $20 billion tax on revenues — not on profits — earned by companies that make medical devices, such as catheters, artery-clearing stents, scalpels and pacemakers.

The tax is prompting American companies to shed jobs, move factories overseas and reconsider niche-market research projects, said Paulson, whose district include medical device companies.

JM Hanes

Thought y'all might like to see a satellite photo of that mother-of-all daddy's storms that hit Alaska last week.

daddy

Brrrrrrrrrrrr.

Sara (Pal2Pal)

In yet another midnight police raid, Occupy Dallas eviction under way

MJW

JMH:

I wonder if your own comment on state requirements and police powers, doesn't suggest that the 10th Amendment division really might be fertile ground on which to make a stand, if challenging the commerce clause, per se, is not the raison d'etre of these complaints?

Yes, if the mandate is found to be unconstitutional, I think it will likely be for more or less 10th Amendment reasons. Or put another way, it will be held to be contrary to the spirit of the Constitution.

The basis for overturning the law in Lopez was that the relationship between school violence and commerce is too indirect to justify its regulation under the Commerce Clause. At a deeper level, though, it was that allowing such an attenuated relationship is inconsistent with the Framer's intention that "the powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite." Those are, of course, Madison's words, as quoted in the Lopez opinion.

It seems to me that the power to compel almost every citizen to engage in activity as long as Congress can reasonably link it to some economic purpose is likewise inconsistent with a government of few and defined powers.

Many mandate proponents claim Congress can do anything and long as it's rationally related to interstate commerce, and not otherwise specifically forbidden by the Constitution. That is, however, contradicted by New York v. United States, in which the court overturned a law requiring states to regulate nuclear wastes according to Congress's instructions. The court held that requirement violated the federalist principles embodied in the Constitution, rather than some particular prohibition. It cited the 10th Amendment, but the 10th Amendment doesn't say what powers should be reserved to the states, so they must be determined by the structure of the Constitution.

MJW

Many mandate proponents claim Congress can do anything as long as . . .

daddy

More good news: Another private Corp is working to get a Jack up Drill Rig to Cook Inlet for drilling come next spring.

I have to think this is a consequence of Escopeta's persistence and our Governor's State Tax incentives to lure drillers north. Thankfully the Fed's efforts to stifle Escopeta failed in the long run.

Jack is Back!

Good Morning JOMO Tribe,

I am on iPad which makes it difficult to upload photos, but go to Drudge to see the new Benneton unHate ad. My problem with it is that the 2 photos it shows of Obama kissing Chavez and Wu are anything but unhate and rather represent today's reality of true love.

peter

Count on Benetton to produce an advert that makes no sense whatsoever.

Captain Hate

The latest Duke and Duke strategy: http://online.wsj.com/article/SB10001424052970204190504577038072720745902.html

Jack is Back!

Anybody watching the mass protest to shut down wall street? So far, there are tens of tens trying to figure out where to go and what to do. Last count at Jammie Wearing Fool was 50 but I have no TV (DirectTV) since we are being hit with heavy rain and thunderstorms.

OT: Tomorrow in Jacksonville, there is a big Standup for America rally in which Neal Boortz, Karl Rove and Herman Cain are together on stage discussing, speaking and taking questions. I wish I could go up to just watch the Rove-Cain dynamic.

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Wilson/Plame