The Foundation

“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.” –James Madison, Federalist No. 45

Government & Politics

It Depends on What the Definition of ‘Flexibility’ Is

ObamaCare remains so unpopular with the American people that even Barack Obama and other Democrats are signaling their willingness to change things about the law. From repeal of certain provisions to the granting of nearly 1,000 waivers, Democrats are beginning to realize the albatross around their own necks and are appearing to respond with concessions. The trouble is, they’re still Democrats, and they still remind us of that great Richard Jordan quote from “The Hunt for Red October”: “I’m a politician, which means I’m a cheat and a liar, and when I’m not kissing babies I’m stealing their lollipops. But it also means I keep my options open.”

To our knowledge, Obama hasn’t overtly stolen any lollipops (they probably wouldn’t pass the First Lady’s health food test), but he has kept his options open. Addressing the National Governors Association Winter Meeting earlier this week, the president announced that he was willing to support a bill in Congress that gives states the option to “opt out” of ObamaCare – if they offer a viable alternative that achieves the same thing.

In supporting the bill by Sens. Ron Wyden (D-OR) and Scott Brown (R?-MA), Obama claimed, “It will give you flexibility more quickly while still guaranteeing the American people reform.” However, Stuart Butler, director of the Heritage Foundation Center for Policy Innovation, explains why that sounds too good to be true: “[Wyden-Brown] still locks the states into guaranteeing a generous and costly level of benefits. True, a state could propose alternative benefit requirements if they had the same actuarial value as those in the [health care bill]. But the requirements go well beyond basic coverage, and the HHS secretary is the one who defines ‘at least as comprehensive’ benefits.”

Butler continued, “Another major problem with the bill is that since ultimate waiver authority rests with the HHS secretary, the waivers granted would probably reflect the administration’s preferences. Senator Wyden claims that his legislation would allow conservative states to opt out of much of the [bill] and implement consumer-driven coverage. But he admits that the secretary, not the state, has the final word over what is permitted.” That doesn’t sound like flexibility to us.

While half the states are suing to overturn the law completely, the pending bill would give Democrat-controlled states the option to implement single-payer government control even faster. According to an unnamed White House insider, “They are trying to split the baby here: on one hand tell supporters this is good for their pet issues, versus a message for the general public that the POTUS is responding to what he is hearing and that he is being sensible.”

Read that “Red October” quote again. Obama wants to appear as if he’s hearing and responding to the concerns of the American people. In reality, he’s merely keeping his options open for expanding government health care – and maybe even stealing a few lollipops on the side.

From the Leftjudiciary: Judge Upholds ObamaCare

U.S. District Judge Gladys Kessler, a Clinton appointee for the District of Columbia, has joined the ranks of judicial despots in ruling in favor of ObamaCare, in stark contrast to January’s utter rejection by U.S. District Court Judge Roger Vinson, a Reagan appointee for the Northern District of Florida. Judge Vinson distinguished prior cases that allowed Congress to regulate even private activity with the current proposal to regulate inactivity: not buying insurance. For Judge Kessler, however, the “mental activity” of choosing to forego insurance is also an activity. She obtusely wrote that deciding “to do something or not do something … are two sides of the same coin.” She concluded that Congress could compel buying insurance because the uninsured will create costs for everyone else, as the uninsured will become free riders on public medical care.

Many of the judge’s points, however, were already examined, and rejected, by Judge Vinson. If Congress could require people to buy insurance for the societal benefits, he observed, it could likewise “require that people buy and consume broccoli at regular intervals, not only because [it] will positively impact interstate commerce, but also because people who eat healthier … put less of a strain on the health care system.” Broccoli consumption, however wise, is not constitutionally subject to congressional command. Judge Vinson noted the absurdity of claiming a nation that began protesting a “tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.”

On a broader level, Judge Kessler’s contemptible denigration of those who choose to “rely on … their own resources” for medical care resembles the arguments against homeschooling or private firearm ownership: Citizens should not be allowed to take care of themselves when there’s a government agency that can do so. The underlying debate concerns not just the reach of the Constitution, but also the nature of the citizenry it covers.

As for Judge Vinson, the administration sought a “motion to clarify” his ruling, asking whether he meant for it to be an injunction. It was a delay tactic by the White House, and Vinson saw through it. In his Jan. 31 ruling, Vinson declared the entire law unconstitutional and wrote that his ruling was the functional equivalent of an injunction. Of the administration’s ensuing action, Vinson wrote, “It was not expected that they would effectively ignore the order and declaratory judgment for two and one-half weeks, continue to implement the Act, and only then file a belated motion to ‘clarify.’”

Thursday, the judge issued a stay on his ruling but gave the administration seven days to file an expedited appeal. It was a clever move – one that will force the government to speed up the appeals process. The Justice Department responded that it will appeal to the Eleventh Circuit Court.

New & Notable Legislation

The House voted 314-112 Thursday to repeal the 1099 filing requirements of ObamaCare. Under the original law, businesses would have been required to file 1099s for any goods or services purchased in excess of $600 per year. The stated goal was to bring in $25 billion in tax revenue over 10 years, but the actual effect would have been a crushing burden on business. The 112 Democrats who opposed the repeal cited the “lost revenue” as the reason. As if they care about fiscal responsibility. The Senate has already passed a similar repeal, but the two chambers must reconcile a few sticking points.

News From the Swamp: Continuing Resolution Continues Debate

Congress narrowly averted a government shutdown this week by passing a continuing spending resolution that cuts a paltry $4 billion in spending and will carry the federal government through March 18, but the larger budget battle continues. Congressional Democrats and the White House are still opposing the broader cuts passed by the House in February, and if no agreement can be reached by March 18, shutdown still awaits. Fears of such an event may be a bit overstated, however, because much of the government would still operate. Federal employees doing work considered vital to national security would still go to work, as would 600,000 postal workers, the FBI, and many other federal agencies. In fact, only a quarter of the 2.1 million-strong federal workforce might stay home during a shutdown; they would be paid later anyway. Shutdowns are not uncommon either. Jimmy Carter had four of them, and Ronald Reagan had two before the famous clashes between House Republicans and Bill Clinton in 1995 and ‘96. Republicans took a big political hit on the latter, and Clinton gained momentum for re-election. Democrats are hoping history will repeat itself, and they’re playing the race card for emphasis.

The membership of the Congressional Black Caucus closed out Black History Month with a statement that claims the Republican budget cuts will fall disproportionately on blacks and the poor. Rep. Barbara Lee (D-CA) and Assistant Minority Leader James Clyburn (D-SC) accused Republicans of undermining civil rights. When they can’t win the argument, they shout “racism!” and run. The level of the cuts that are currently on the table, though, wouldn’t put much of a dent in all the government programs that the CBC is worried about. A Government Accountability Office study released this week noted that there are currently 82 federal programs to improve teacher quality, 47 for job training and employment, and 80 to help disadvantaged people with transportation.

All these and other overlapping agencies and programs in the federal government add up to $100-200 billion in redundant spending. It’s a sad statement on the wasteful size of the federal government, which also includes more than 100 Department of Transportation programs and 18 programs for food and nutrition assistance that cost $62.5 billion. There’s a lot of trimming to be done. The administration is proposing to trim $6.5 billion. Talk about sacrifices!

Hope 'n’ Change: Presidential Fitness

Barack Obama continuously encourages us to make due with a little less, tighten up the belt, and carpool. We all have to make sacrifices – unless, of course, we need to fly our personal trainer in from Chicago to Washington every week. Obama’s trainer, Cornell McClellan, does just that. The president recently allowed 40,000 federal workers to telecommute for a week to cut down on emissions. Perhaps that’s the carbon offset for flying in someone to count presidential pushups.

It’s All About Her (Still)

For the cult of personality that is Nancy Pelosi, being in the minority doesn’t mean she’s any less important in her own eyes. On the occasion of the Democratic National Committee writing a resolution to honor Madam Speaker’s years of tenure, daughter Christine Pelosi felt she had to amend it to add a few more of her mom’s “accomplishments” to the mix – at the behest of mother Nancy. The two sought to add such items as Pelosi’s fight against HIV/AIDS and repeal of “Don’t Ask, Don’t Tell.” Of course, the trillions she helped add to our national debt and the ramming through of ObamaCare were omitted.

Needless to say, the resolution was passed as amended. Yet we think Wall Street Journal columnist James Taranto summed it up best: “We hear the Republican National Committee is also considering an award honoring Pelosi for the help she gave the GOP in winning back a majority in the House last year.”

From the ‘Non Compos Mentis’ File

We recently noted the work on the Edward M. Kennedy Institute and its massive cost to taxpayers. This week, we found word of one exhibit that won’t be in the EMKI. Fox News reports, “The late Sen. Ted Kennedy arranged to ‘rent’ a brothel for a night while on a visit to Chile and other Latin American countries decades ago, according to a 1961 State Department memo obtained and published by the watchdog group Judicial Watch.”

Kennedy was making his first run for the Senate at the time, and, if this information had been available back then, we doubt that even Massachusetts voters would have elected him. We would say the post mortem is better late than never, but 40 years of damage is hard to overcome.

Racism at the Department of Injustice

As has been well documented by The Patriot Post, the Obama Justice Department shirked its duty to prosecute members of the New Black Panther Party for blatant voter intimidation in Philadelphia in 2008. The lack of enthusiasm on the part of Justice was almost certainly due to the race of the perpetrators. Now, Attorney General Eric Holder is finally fed up. With critics.

After former Democrat activist Bartle Bull said the incident was the most serious act of voter intimidation he had witnessed in his career, Holder angrily retorted, “Think about that. When you compare what people endured in the South in the 60s to try to get the right to vote for African-Americans, and to compare what people were subjected to there to what happened in Philadelphia – which was inappropriate, certainly that … to describe it in those terms I think does a great disservice to people who put their lives on the line, who risked all, for my people” [emphasis added].

Holder is black, but imagine if a white attorney general had said something similar. This comment hardly inspires confidence that Holder can apply justice equally.

National Security

U.S. Prepares for Possible Action in Libya

Given the virtual civil war that has broken out in Libya between rebels and Moammar Gadhafi’s regime, the USS Kearsarge and USS Ponce, two-thirds of the deployed Expeditionary Strike Group in the CENTCOM Area of Responsibility (AOR), passed through the Suez Canal earlier this week to position themselves for a mass evacuation from Libya, humanitarian relief, and possibly even combat operations. USS Enterprise, one of the two aircraft carriers currently in the CENTCOM AOR, is standing by in the Red Sea in case her air assets are needed in the Mediterranean. There has been discussion among the NATO nations this week of enforcing a no-fly zone for the Libyan military after its jets flew repeated bombing missions against Libyan civilians.

Meanwhile, the United Nations has been busy doing what it can always be counted on to do – issuing statements and resolutions, declaring that it has “sent a strong message” to Gadhafi and his thugs, and generally patting itself on the back while doing nothing useful. The Security Council found time to issue Resolution 1970 last weekend, in which it said it was shocked – shocked – to discover that Gadhafi’s regime has been committing “gross and systematic violations of human rights.” To avoid potentially embarrassing questions, the UN finally had to suspend Libya from, of all things, the UN Human Rights Council, where Libya had been a member in “good standing” since early 2010. Somehow the UN had overlooked a 40-year track record of “gross and systemic violations of human rights.”

With Gadhafi and his last circle of dead-enders holding out in Tripoli and a swath of desert in central Libya, and the Libyan rebels holding most of the rest of the country, it appears ever more likely that another Arab dictatorship will be toppled by a “popular revolt.” The primary question is this: Will what comes after the uprising be preferable to the current regime?

Immigration Front: Violence in Juárez Eclipses That in Afghanistan

If one were to think about the most violent places on earth, Afghanistan would no doubt come to mind, but a city, just a single city on the southern border of the U.S. is far more violent than the entire country of Afghanistan. Last year in Ciudad Juárez, the Mexican city across from El Paso, some 3,111 civilians were murdered while in all of Afghanistan 2,421 civilians were killed. On a per capita basis, a civilian was 30 times more likely to be murdered last year in Juárez, a city of 1.3 million people, than in Afghanistan, with its 29.1 million people. Facts such as these make the government’s malfeasance at securing our borders even more troubling.

While the majority of civilian deaths in Afghanistan were caused by members of the Taliban and other groups battling the Afghan government and U.S. and international troops, the violence in Juárez is almost completely committed by drug lords battling each other for control of the major smuggling corridors into the United States. With our open southern border, there is little doubt that the Mexican violence will eventually spill over into Texas, resulting in innocent American deaths on American soil. How much longer can the federal government shirk its duty to protect U.S. citizens by ignoring the security along our southern border?

Two U.S. Servicemen Killed by Jihadi in Germany

Arif Uka, a 21-year-old Kosovar Muslim, opened fire on U.S. service personnel on a bus in Frankfurt Wednesday, killing U.S. Air Force Senior Airman Nicholas Alden, 25, of South Carolina and Airman First Class Zachary Cuddeback, 21, of Virginia. Two others were wounded. Uka apparently talked with the airmen to determine who they were before the attack. Witnesses reported that he yelled “Allahu Akbar” as he opened fire. This was puzzling to AOL News, which headlined, “What Was the Motive in Shooting Deaths of 2 US Airmen?” It seems like there is a religion whose adherents yell “Allahu Akbar” as they kill innocent victims. If only we could remember its name…

Profiles of Valor: Frank Buckles (1901-2011)

Frank W. Buckles was not “big” enough to be a Marine and too flat-footed to be a Sailor, and at age 16 he was also too young to legally join the Armed Forces. So in August 1917, at the height of America’s involvement in World War I, he decided that since several recruiters had not believed he was 18, he would tell an “even bigger whopper,” and the Army recruiter signed him up as a 21-year-old. Buckles’ death this week at the age of 110 marks the end of an era in American military lore: Buckles was the last U.S. veteran of “The War to End All Wars,” in which he served as an ambulance driver and dispatch rider in France, service that later earned him the French Légion d'honneur.

As a civilian working in the Philippines at the start of World War II, Buckles was captured and held at the Japanese prison camp at Los Banos. The abuse and suffering at the hands of the Japanese Army of all POW’s is beyond comprehension to most Americans. Civilian internee Buckles weighed less than 100 pounds when finally freed three-and-a-half years later. “We have lost a living link to an important era in our nation’s history,” said Veterans Affairs Secretary Eric K. Shinseki. “But we have also lost a man of quiet dignity who dedicated his final years to ensuring the sacrifices of his fellow doughboys are appropriately commemorated.” Buckles once joked, “I feel like an endangered species.” Sadly, that species is now gone.

Department of Military Correctness: USS Murtha

Benedict Arnold was quite the hero for the American Revolution – until he wasn’t. The U.S. Navy has no ships named the Benedict Arnold, and there are no Infantry Fighting Vehicles carrying his name either. So why is Navy Secretary Ray Mabus insisting on naming a new amphibious ship the John Murtha? Murtha may have served honorably as a Marine Reservist and may have even done some good things for the Navy and Marine Corps during his time in Congress. However, the underlying stench of graft, not to mention his appalling statements about the so-called “Haditha Massacre” that besmirched the reputation and honor of his Corps, have left thousands of Marines and Sailors furious with this decision. Despite that sentiment, plans are moving ahead. For our part, we think the USS Wesley Fox or Michael P. Murphy would be far better names for any American vessel.

Business & Economy

Income Redistribution: Mortgage Program Troubles

Sometimes you don’t know if you should gloat or grimace. It was reported this week that only 25 percent of the applicants for the Home Affordable Modification Program (HAMP) – the administration’s $75 billion signature debt relief program – have completed the program successfully. While the Leftmedia will bemoan this performance as a failure to promote a program that would have helped many struggling families, we have to give a small salute to those who developed the restrictions that limited the exposure of public funds to just $1 billion for borrowers with a reasonable probability of success. Had Fannie and Freddie exhibited such leadership and forethought, we wouldn’t be experiencing the economic mess we’re in.

Wisely, Republicans in Congress want to defund and discontinue the program before it can dispose of the remaining $74 billion. This is a definite step in the right direction to rectify our budget woes.

However, there is still cause for concern, as the administration continues to misdiagnose the problem. Andrea Risotto, speaking for the Treasury Department, claimed that Republican legislation on the matter “would close the door to struggling homeowners seeking relief in the face of the worst housing crisis in generations.” To the contrary, the federal government is not constitutionally permitted to ensure that homeowners don’t struggle. That’s what got us here in the first place.

This Week’s ‘Alpha Jackass’ Award

“[W]e’ve allowed a vast majority of … cash to be concentrated in the hands of just a few people. … That’s not theirs, that’s a national resource, that’s ours.” –filmmaker Michael Moore, who is quite wealthy himself, chiding the country for not stealing more from the rich

See the video and comment here.

Federal Deficit Concerns Economists

The National Association of Business Economists (NABE) announced that its 47-member panel has identified the federal deficit as America’s greatest fiscal problem – ahead of both unemployment (now below 9 percent for the first time in nearly two years) and inflation. According to a NABE survey conducted from Jan. 25 to Feb. 9, its 47-member panel of fiscal forecasters placed the 2011 deficit at $1.4 trillion, up from its $1.1 trillion estimate in November. This is still lower than the White House’s estimate of $1.65 trillion for this fiscal year.

What makes matters worse is that China holds more U.S. debt – $270 billon more – than previously thought. Current reports from the government reveal that, as of the end of December, China held $1.16 trillion in U.S. bonds, making it our largest debtor. The Chinese hold more than 26 percent of the total $4.44 trillion in U.S. debt held by foreigners. Japan and Britain are a distant second and third.

Consumer Reports Pulls the Plug on the Volt

The $40,000 Chevy Volt may have landed the April cover of Consumer Reports, but the attention is anything but flattering. The magazine, in its initial assessment of the “Government Motors” vehicle, has concluded that it “doesn’t really make a lot of sense.”

David Champion, senior director at the Consumer Reports testing center, said the Volt is “not particularly efficient,” noting that the fuel economy is not as good as a gas vehicle. He also called the five hours it takes to charge the Volt “annoying” and said the heating system didn’t keep his hands and feet warm. As an alternative, Champion suggests the Toyota Prius hybrid, which costs only about half as much.

GM spokesperson Greg Martin blamed the harsh winter for the Volt’s less-than-stellar performance, and Consumer Reports will reserve official judgment until it has collected reliable data for a year, including that of 100 subscribers. If the final report is anything like this statement, the Volt might find itself out in the cold. For one thing, GM will have to sell more than 281 cars in a month to justify its existence.

Culture & Policy

Second Amendment: ‘Project Gunrunner’

CBS News reveals a disturbing problem with Mexico, guns, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE). “‘Project Gunrunner’ deployed new teams of agents to the southwest border,” reports CBS. “The idea: to stop the flow of weapons from the US to Mexico’s drug cartels. But in practice, sources tell CBS News, ATF’s actions had the opposite result: they allegedly facilitated the delivery of thousands of guns into criminal hands.”

Established in 2007, “Project Gunrunner” was supposed to expand BATFE’s ability to address weapons trafficking to Mexico. Yet it seems that the agency was allowing numerous suspicious buyers to purchase hundreds of semi-automatic rifles despite the concerns of the gun shop owners, and then permitting those rifles to “hit the streets” so intelligence could be gathered. Several unnamed agents claimed that thousands of rifles, including some 50-caliber ones, made it to Mexico uninhibited.

Jaime Avila was one such buyer. He was put in the BATFE database in January 2010, and he purchased hundreds of rifles over the next year. Hours after Border Patrol Agent Brian Terry was murdered in December 2010, Avila was arrested when two rifles he had purchased under the nose of BATFE were found at the scene. Thirty-four other gunrunners in the same group have been indicted, but the indictment makes no mention of Terry’s murder. This gives us great pause considering that BATFE has requested expanded authority to track 8,500 firearm dealers in the Southwest.

Judicial Benchmarks: Court Rules in Favor of Westboro Protesters

The U.S. Supreme Court ruled Wednesday that members of the Westboro Baptist Church are protected by the First Amendment when they protest military funerals, even though they do so with hateful and vile speech.

“Speech is powerful,” Chief Justice John Roberts wrote for the majority. “It can stir people to action, move them to tears of both joy and sorrow, and – as it did here – inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker.”

Margie Phelps, the lead legal counsel for the church and daughter of “pastor” Fred Phelps, responded to criticism by saying, “Shut up all that talk about infliction of emotional distress. When you’re standing there with your young child’s body bits and pieces in a coffin you’ve been dealt some emotional distress by the Lord your God.” The group vows to “quadruple” protests after the ruling.

The price of liberty is sometimes dear indeed.

Read more and comment here.

Faith and Family: Abortion Billboard Attacked

Cowardice? Political correctness? Or just flat out censorship? No doubt all three played a role in the recent removal of a pro-life billboard in Manhattan. The billboard depicted a young black girl along with the caption, “The most dangerous place for an African-American is in the womb.”

“The message of this billboard is totally accurate,” says Alveda King, a Christian minister, pro-life activist and the niece of Martin Luther King Jr. “It should provoke outrage in the African-American community – not because it is racist, but because of the truth it reveals; the truth that is being kept from the African-American community.” King is right: According to a report by the Centers for Disease Control and Prevention (CDC), of the 87,527 abortions performed in 2007 in New York City, 43,568 – or 49.8 percent – of the victims were black. Blacks make up just 25 percent of New York City’s population.

Yet, far from decrying the plight of these babies, one black New York City council member called the billboard “highly offensive” because it was unveiled during Black History Month. As always, the “Reverend” Al Sharpton joined the “offended,” even planning a protest at the billboard’s site. Planned Parenthood called the billboard an “offensive and condescending effort to stigmatize and shame African-American woman.” Of course, this response by the nation’s largest abortion mill – and its decades’ long cover-up of the truth of the billboard – comes as no surprise. After all, Planned Parenthood founder and eugenicist Margaret Sanger herself wanted blacks and other “inferior” humans aborted. That’s another truth being swept under the rug.

Hollywood Uses ‘McVeigh’ Name to Tarnish Tea Party

It’s a stretch to say Hollywood has any principles, but if Tinseltown does have a standard, it’s a double one. Hence, the reason we heard hardly a peep from the Left Coast when CBS’s “The Good Wife” named one of its characters – a Tea Party member and Sarah Palin fan – “Kurt McVeigh,” in obvious reference to Oklahoma City bomber Timothy McVeigh. Rejecting the argument that the character’s name was meant to disparage Tea Party members, however, the show’s executive producer and co-creator, Robert King, claimed, “The Kurt McVeigh character was introduced mid-season our first year, and at that time, he was given a name that was intended to play into the anti-conservative prejudices of the more liberal partner, Diane.” King added, “The point was to satirize Diane’s prejudice against [McVeigh’s] name.”

The intention was to expose the prejudice of the Left? We’re not buying it. Unfortunately, this sort of thing has become an overplayed re-run. Given the comedy/tragedy masks that typically denote theatre, perhaps Hollywood is just living up to its true two-faced nature.

And Last…

Former House Speaker Nancy Pelosi isn’t the only one having a problem with being number two. Apparently, the environmentally friendly low-flush toilets in her beloved San Francisco aren’t doing the job. The toilets skimp on water and have succeeded in reducing the city’s annual water use by 20 million gallons, but the unintended consequence is sludge backing up in the sewer pipes. The city has already spent $100 million in the last five years to upgrade its sewer systems and reduce the smell, but to no avail. The rotten-egg stench lingers near AT&T Park (home of the World Series champion Giants) and in several other areas downtown.

So the city’s, uh, backup plan is a $14 million, three-year supply of bleach to disinfect the city’s treated water, combat the odor and also sanitize drinking water. According to the San Francisco Chronicle, “That translates into 8.5 million pounds of bleach either being poured down city drains or into the drinking water supply every year.” As the city’s population is one of the nuttier collections of leftists in the country, we’ve often wondered if there was something in the water. Now we know.