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Nine Years Later

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Much has changed since my post last 9/11 supporting the Commander-in-Chief’s actions in the War on Terror, but the Voltaire quote remains true:  “Our country is that spot to which our heart is bound.”  In short order, I will no longer legally be held to my oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic.”  This oath does not disappear; indeed, it is supplemented with another oath, found at the closing of the Declaration of Independence: “We mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.”

Do Americans still hold strong to that pledge?  We once did, but today it seems we forget what it actually means to be an American.  Herein, I provide a synopsis of our waning efforts to bring the 9/11 perpetrators to justice, the reasons for our failure, and the havoc certain current events are wreaking on our culture.

Much has happened since our last 9/11 Anniversary, except where it counts, in Pakistan and Afghanistan: the Predator Drone wars continue, combat troop deaths continue, and Osama bin Laden remains at large.  Last month marked the end of combat in Iraq, but we are still in Afghanistan, albeit not under the leadership of Obama’s hand-picked General, Mr. Stanley McChrystal.  He was removed for cause, and replaced by General David Petraeus, the one-time adversary of MoveOn.org, the organization that made the white “Obama ’08″ bumper stickers you see on your nearest Subaru.  But I digress.

As we scale down in our War on Terror, have we gained any clout in the Muslim world?  In other words, is Radical Islam less at war with the West now than it was a year ago?  Let’s look at the past year in review.

On November 5, Major Nidal Hasan went to work at Fort Hood and assassinated 32 of his co-workers.  On Christmas Day, Umar Farouk Abdulmutallab, aka the Panty Bomber, attempted to detonate a homemade diaper full of explosives on an inbound Northwest Airlines flight from Amsterdam over Detroit; luckily, he failed.  On New Year’s Day, in Denmark, an outraged Muslim tried to kill a cartoonist for drawing Muhammad.  He also failed.  Then, on May 1, Pakistani-born American Faisal Shahzad attempted to blow up his Pathfinder in Times Square outside the Viacom, Inc. offices, as a response to a South Park episode that mocked Muhammad.  All of these men were motivated by one Imam, Anwar al-Awlaki, an American-born Yemeni.  All of this, and somehow, the West, and especially Europe, continues to make concessions to the Islamic world.

What’s going on here?  What is with the spike in attacks on American soil?  More pointedly, where are the protests from moderate Muslims?  The lack thereof supposes we are at odds with Islam writ large, even though President George W. Bush affirmed on 9/13/01, “We are not at war with the Afghani people, and we are not at war with Islam, which most Americans respect as a religion of peace.”  Obama reaffirmed yesterday:  “We are not at war with Islam.”  What’s changed since then?

1. Leadership Problem

According to a recent Newsweek poll, 24% of Americans believe Obama is a Muslim.  Now, why would they think that?  As we all know, Obama’s a Christian, in the Reverend Wright tradition.  Believing a myth, that Obama is a Muslim, only diminishes trust in his leadership.  So, what’s with the confusion?

Well, in March 2007, in a New York Times interview, Nicholas Kristof wrote: “Mr. Obama recalled the opening lines of the Arabic call to prayer, reciting them with a first-rate accent. In a remark that seemed delightfully uncalculated (it’ll give Alabama voters heart attacks), Mr. Obama described the call to prayer as ‘one of the prettiest sounds on Earth at sunset.””  OK.  During his presidential campaign, in a July 2007 debate with Senator Clinton, Senator Obama admitted he would sit down with Iran “without preconditions.”  In January 2009, Mr. Obama awarded the first interview of his presidency to the Al-Jazeera network.  On June 4, 2009, Obama’s Cairo Speech announcing “A New Beginning” of outreach to Muslims worldwide, regardless of stripe.  The speech did little but weaken our stance abroad; Muslims still believe the West is at War with Islam.

“What’s so wrong with being a Muslim?” asked the New Yorker magazine, after Obama denounced their famous tasteless cover, deeming it insulting to Muslims.  Obama once answered the question, “Are you a Muslim?” not with a yes or no, but instead, by saying, “Grandfather was,” according to his 1995 autobiography, Dreams from my Father.  More famously, his declaration in his 2006 autobiography, Audacity of Hope, which was named for a Wright sermon – see, I told you he was a Christian – he proclaimed the following, provided in it’s entirety for clarity:

“Of course, not all my conversations in immigrant communities follow this easy pattern.  In the wake of 9/11, my meetings with Arab and Pakistani Americans, for example, have a more urgent quality, for the stories of detentions and FBI questioning and hard stares from neighbors have shaken their sense of security and belonging. They have been reminded that the history of immigration in this country has a dark underbelly; they need specific reassurances that their citizenship really means something, that America has learned the right lessons from the Japanese internments during World War II, and that I will stand with them should the political winds shift in an ugly direction.”

Some see this as an admission that Obama stands with the Muslim world over the West, but it’s larger than that.  I own and have read both of these autobiographies, and I conclude, succinctly, that Obama will always stand for the minority over the majority, with the presumption that minority is always a victim and the majority is always the victimizer.  That belief is the President’s true religion.  This perpetuation has never been more prevelant than with current events this 9/11.

2. Logic Problem

Last month, Imam Feisal Abdul Rauf’s plans for a Islamic Cultural Center, with an associated mosque, two blocks from WTC Ground Zero, came to light.  The construction of a “9/11 Mosque” instantly ignited protest here in America, and now garners 70-30 opposition.  As you know, this did not deter our Commander-in-Chief from backing the effort, saying Muslims “have the same right to practice their religion as everyone else in this country,” even though that’s not the point.

On Larry King Live this week, even the Imam admitted the location of the mosque was a mistake:  “If I knew this would happen, this would cause this kind of pain, I wouldn’t have done it.  My life has been devoted to peacemaking.”  Alternately, he stated the building of the mosque must take place, “Because we have to now make sure that whatever we do actually results in greater peace, not in greater conflict.”  He stresses if we don’t build a mosque within sight of the site, then a national security threat is posed to the United States.  Insomuch, the soft-spoken Imam is actively extorting America.

New Yorkers were outraged.  Debra Burlingame, the sister of one of the 9/11 pilots, found the mosque offensive enough to launch www.stopthe911mosque.com.  Legally, though, Muslims have the right to build the mosque, although they shirk their responsibility not to.  What can we really do in the face of this moral crisis?

Meeting fire with fire, Pastor Terry Jones of Florida vowed to burn Korans on 9/11; at this writing, it is still unclear whether he will go through with it or not.  This despicable stunt was vaulted to prominence firstly by David Petraeus, then the State Department, and then the President himself, saying the idea that “we would burn the sacred texts of someone else’s religion is contrary to what this country stands for.”

It has also incited protest among Muslims in the Middle East, with Afghani President Hamid Karzai saying, “The Koran is in the hearts and minds of all … Muslims but the affront against the holy book is a humiliation to the people.  We are hopeful that he gives up this affront and should not even think about it.”

Not even think about it?  What does America stand for?  Remember, Freedom of Speech (and the Freedom of Religion) in America applies even to those voices with which we disagree.  In fact, our Freedom of Speech under the First Amendment relies on our tolerance of dissenting voices.  This right extends up and to a point, tempered by the Fighting Words Doctrine, upheld as Constitutional, which states that the Freedom of Speech is limited if speech incites violence.  Therefore, Americans recognize a responsibility to check their rights if their application does more harm than good.  Colloquially, just because someone has the right to do something does not mean it is the right thing to do.

Now, however, this sense and sensibility applies only to Muslim interests.  Still, I question the logic of Muslims who demand tolerance, yet have no tolerance for dissenting views.  According to their logic, the burning of Korans is more offensive than the burning of bodies, either yours or their own.  If Allah were indeed almighty, you would suppose He would value human life as greater than paper and cardboard.  This misconception is not Islam’s fault; it is Islamists’ fault.

Time to Buck Up

I believe all of this is the result of some media manipulation on the part of the White House, to defer attention from their inaction on the corruption in Pakistan, the Taliban (which only last week did the Administration admit was a terrorist organization), or the Iranian Regime, which is hastening towards nuclear arms.  Many believe the worst, that this Administration is complicit with radical Islam for reasons stated.  I do not go that far.  I believe this Administration is giving in to extortion by radical Islam.

Afraid of insulting the enemy, the Obama Administration has set out to appease them.  History shows this course leads to further, more pronounced failures.  The Obama Administration also supposes Americans must have some fault in the plight of the Islamic world; somehow, we have failed them, or more specifically, we have victimized them.

This is bogus, and I’m frankly sick of this self-loathing attitude taking root in our once great nation.  It is time we stopped blaming ourselves, and start focusing on the values that have defined America:  our economic stability, our projection abroad, and our culture.  All three are at risk.  Let’s stop being embarrassed of our strengths, for they are rooted in freedom, certain inalienable rights endowed by our Creator, be it God, or Allah, or whomever.  Embrace them, and let’s get back to work.

It’s time we buck up; that goes for the Muslims and Americans alike.

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Sep 11, 2010

Is It Obama’s Economy?

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On his first day back in town, fresh off his sixth vacation of 2010, President Obama met with his economic team to discuss his failed Summer of Recovery.  From the Rose Garden, the President held a press conference to assure us:

“My economic team is hard at work in identifying additional measures that could make a difference in both promoting growth and hiring in the short term, and increasing our economy’s competitiveness in the long term — steps like extending the tax cuts for the middle class that are set to expire this year; redoubling our investment in clean energy and R&D; rebuilding more of our infrastructure for the future; further tax cuts to encourage businesses to put their capital to work creating jobs here in the United States.”   He noted, “Small businesses accounted for more than 60 percent of the job losses in America.  That’s why we’ve passed eight different tax cuts for small businesses and worked to expand credit for them.”

He goes on:  ”But we have to do more.  And there’s currently a jobs bill before Congress that would do two big things for small business owners:  cut more taxes and make available more loans.  It would help them get the credit they need, and eliminate capital gains taxes on key investments so they have more incentive to invest right now.  And it would accelerate $55 billion of tax relief to encourage American businesses, small and large, to expand their investments over the next 14 months.”

This was the second time this month the President evoked this “Jobs Bill,” the first being before his vacation.  In fact, the President found it prescient enough to address the economy in the middle of his Oval Office speech signaling the end of the Iraq War last week:

“Our most urgent task is to restore our economy, and put the millions of Americans who have lost their jobs back to work.  To strengthen our middle class, we must give all our children the education they deserve, and all our workers the skills that they need to compete in a global economy.  We must jumpstart industries that create jobs, and end our dependence on foreign oil.  We must unleash the innovation that allows new products to roll off our assembly lines, and nurture the ideas that spring from our entrepreneurs.  This will be difficult.  But in the days to come, it must be our central mission as a people, and my central responsibility as President.”

Whose Responsibility?

As a central planner, President Obama honestly believes the private sector is incapable of producing favorable economic outcomes on its own.  He believes government must assist the economy for the economy to survive.  In the Keynesian tradition, Obama, while pushing his Stimulus in February 2009, said,”This is not something that we’re just doing to grow government.  We’re doing this because this is what the best minds tell us needs to be done.”  President Obama hubristically believes his Administration are indeed those “best minds,” the “ones we’ve been waiting for” to save us from this economic malaise.  They are astonished – astonished! – their efforts have not produced better performance in the American economy.

Now Obama has launched an eleventh hour effort to ‘save’ the economy.  But it is his for the saving?

At the heart of our current national crisis is this Administration’s inverted understanding of the public-private relationship; he believes government exists to keep businesses employed, when, in fact, government exists due to employed businesses.  To quote Marco Rubio, “Politicians do not create jobs.”  Bailouts and stimuli only delay the inevitable. Evolution occurs in the market, with birth and death within industries; otherwise, we would still be driving Model T’s.

Put simply, try as he might, there are no specific spending actions Obama can take to grow the economy; not a Stimulus, or a Jobs Bill, or a Benefits Package, if it lacks a specific Return on Investment.  This is basic to business investing.  This Administration, however, with no experience in business whatsoever, understands none of this.  They typically view the economy through the lens of academia, and more specifically, through the eyes of Harvard.  I don’t know what they’re teaching there, but it’s not supply-and-demand.

This Administration does not realize government intervention in the marketplace warps normal economic forces with regulations, price ceilings and floors, minimum wages, and taxes.  They must be very careful when tinkering around the edges, or they will kill this American experiment, as wasteful spending adds to our debt and increases the possibility of sovereign default.

We’re All Austrians Now

The 800-pound gorilla in the room are the Bush Tax Cuts; will Obama allow them to expire, or will he extend them?  The answer is complicated; that depends on Congress, and by pushing a $55 billion assistance bill, Obama will want to extend tax relief for some, but not all.  Who will qualify for this tax relief?  That all depends on those writing the legislative language; Senator Baucus, father of the Health Care Bill, recently pointed out that duty now rests with staffers.  Lefties hate the low capital gains tax rate, and are chomping at the bit to tax investments at the same rate as earnings.  President Obama’s comments signals the Administration will push for an increase on both “in further detail in the days and weeks to come.”  Likely, the tax cuts and hikes will be added into another spending bill, being mulled about right now.

Additionally, multiple stimuli, by all measures, have repeatedly failed.  So why is Obama now stumping for $50 billion in infrastructure spending, when $48 billion of the Stimulus Bill was allocated for infrastructure spending only one year ago?

A great article in the Wall Street Journal yesterday entitled “The Obama Economy” lays out how poorly Stimuli efforts have fared, stimulating little more than government itself, and states “the effort itself is a tacit admission his earlier proposals have flopped.”  Out on the road, Obama promotes class warfare, and confusion, by simultaneously declaring yesterday he believes “a rising tide lifts all boats,” and, on Labor Day, “anyone who thinks we can move this economy forward with a few doing well at the top, hoping it’ll trickle down to working folks running faster and faster just to keep up – they just haven’t studied history.”  It seems Labor Day has not only been hijacked from the private sector by the Labor Unions, but by Big Government as well.

This all comes at a time when the market is paralyzed with uncertainty; the private sector is watching and waiting for the next shoe to fall.  They are waiting to hire and invest, based on tax laws.  Insomuch, the Administration cannot create jobs, but it can surely destroy them.

There is good news; Federal Reserve chairman Ben Bernanke, at a meeting with central bankers in Jackson Hole, WY, admitted more “fiscal stimulus… can drive recovery only temporarily,” and the Fed misread the mortgage market; remember, Bernanke initially endorsed Keynesian fiscal drivers, set rates low, printed tons of money, and was thusly named TIME‘s 2009 “Person of the Year.”  Perhaps Bernanke has been baptized by fire and is adaopting a more Austrian, free market view of economic control, but I don’t expect laissez-faire from the Fed any time soon.  I do expect Bernanke to following the meteoric descent of TIME‘s 2008 “Person of the Year” as people become aware of the Fed’s enabling of backdoor loans (discussed in my post “Two Card Monte.”)

The bottom line is, both monetary and policy Stimuli are increasing our national debt.  Raising taxes to pay for these efforts are killing the American economy.  Our manufacturing processes have quickened with technology, or have moved overseas.  The gross effects of these fundamental changes has been a total loss of manufacturing capabilities and employment within the United States.  Raising taxes, binge spending, and cutting the interest rate further at this point in our history may just do us in.

One More Thing

Lastly, let me address this little sound bite about the small business bill from the President:  ”Unfortunately, this bill has been languishing in the Senate for months, held up by a partisan minority that won’t even allow it to go to a vote.  This bill is fully paid for.  It will not add to the deficit.  And there is no reason to block it besides pure partisan politics.”

This is simply idiotic.  I thought the bill cost $55 billion?  Oh, it will pay for itself, and you should believe that, because the White House economic team said so… except for Peter Orszag and Christina Romer, who both quit the Administration last month due to the inaccuracies of the Administration’s economic projections and the mounting debt they caused.  Also, President Obama wants you to believe Republicans are holding up legislation in the Senate… the way they held up the Stimulus Bill and the Health Care Bill, right?  Remember, the Minority has no power right now.  If Obama wanted to pass the bill, he only has to sell it to his Lefty buddies in the Senate.

So, what’s the hold up?  Democrats know if they pass this bill right before election, they’ll lose even more seats in Congress, namely in the Senate.  So I say, do it.  I double-dog dare you.  It is, once again, “A Time for Choosing.”

“You and I have a rendezvous with destiny.  We’ll preserve for our children this, the last best hope of man on earth, or we’ll sentence them to take the last step into a thousand years of darkness.”
~ Ronald Reagan, 1964

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Sep 9, 2010

The Permanent Revolution

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Disclaimer:  This post is a manifesto of sorts, formally titled “Permanent Revolution: The Return of Trotskyism in the Age of Obama.”  Herein I wish to illuminate the imbedded revolutionaries now plaguing this nation. (PRINT)

With even a little study, it becomes evident that revolutionary ideals persist in the hearts of our fellow countrymen.  Resistance, in some form or another, is an inherently American virtue.  Thomas Jefferson codified this ideal with a preemptive warning in the Declaration of Independence, saying, “Whenever any Form of Government becomes destructive of these ends, it is the Right of the people to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

Jefferson even legitimized a continually bloody revolution in his famous 1797 letter:

“What country before ever existed a century and half without a rebellion?  And what country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance?  Let them take arms.  The remedy is to set them right as to facts, pardon and pacify them.  What signify a few lives lost in a century or two?  The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.  It is its natural manure.”

On the heels of the American Revolution, oppressed societies around the globe were inspired to take up arms against their Ruling Class.  This often manifested into internal conflicts, which America faced with the devastation of our Civil War.  In modern times, many now believe we have transcended the threat of another bloody revolution.  Have we really?  It’s hard to say.  Revolutionaries are generally people attempting to overthrow its government; I am unsure what to make of a revolutionary government attempting to overthrow its people.

I.  Imbedded Revolutionaries

We generally refer to this relationship, where government unjustly rules over its people, as tyranny.  We also believe the struggle between liberty and tyranny was something our Founders faced, or a reality posed upon people in foreign countries.  Have we, through the sacrifices of those who came before us, escaped the grasp of tyranny on our own shores?

Since our Founders warned us not to be easily sedated by government, and thusly Americans are cynical of those in power, our government has resorted to remain a hair-trigger “soft tyranny.”   Congress continually usurps their Constitutional powers and delegates responsibility to unelected bureaucrats, with the concurrence of an increasingly political Judicial Branch, revolutionized by justices like Earl Warren, who envisioned a ”living Constitution” that adapted to “the evolving standards of decency that mark the progress of a maturing society.”  This month’s confirmation of Elena Kagan demonstrates how little regard they have for individual liberties.  These imbedded revolutionaries are defined by their unified and profound dislike of America for what it is.  Drawing on the recent legislative examples of health care, student loans, and financial reform, these bureaucratic powers are now ready to pounce on individuals who step out of line, with the backing of law, bestowed upon them by an imprudent populace.  Yes, our hubristic sense of protection allowed this happen.

Yet Ecclesiastes 1:9 reminds us, “There is nothing new under the sun.”  The world has seen its share of usurped powers by illegitimate governments, and its share of revolutionary upheaval.  Emboldened by the Americans, France followed suit in 1789 with its own French Revolution, a ten-year period of political and social turmoil.  Although initially a supporter of the French Revolution, Thomas Jefferson, who had previously “sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man,” revealed in a 1793 letter his dismay over the excesses of bloodshed in France, expressing “too great a sensibility at the partial evil by which it’s object has been accomplished there.”

And bloody it was.  The French Revolution was instigated in part by the Jacobin Maximilien Robespierre, an advocate of the left-wing bourgeoisie during the Reign of Terror.  Robespierre was the chief revolutionary against the royal crown and inspired the French to eventually execute their king, Louis XVI, by guillotine.

Robespierre was known for giving incredible speeches, saying, “Terror is nothing else than swift, severe, indomitable justice; it flows, then, from virtue,” and also, “The government in a revolution is the despotism of liberty against tyranny.”  The French people recognized Robespierre’s ambitions, and he, along with his fellow Jacobins, eventually faced the same guillotine as the bourgeoisie he railed against.  France experienced multiple revolutions until Napoleon entered the void and set the nation on its course to become a social market, and as a free - albeit extraneously regulated - people.

Another agent of revolution, Vladimir Lenin, was leader of the Bolsheviks in Russia in 1917, and was made First Premier of the Soviet Union that same year.  During the Bolshevik Revolution, communists eventually overthrew Tsar Nicholas II, executed him along with his wife and five children, and transformed the Soviet Union into the largest socialist nation the world had ever seen.

Karl Marx’s socialist model became the bulwark movement of Lenin’s Revolution.  Lenin, like Robespierre, became an Imbedded Revolutionary in his battle against capitalism, saying, “Our business is to help get everything possible done to make sure the ‘last’ chance for a peaceful development of the revolution.”  His initial insurrection was followed by permanent class struggle, against the bourgeoisie, at the behest of the proletariat working class.  Accordingly, the Bolsheviks seized and redistributed all private land to the public.  Additionally, all Russian banks were nationalized, private bank accounts were confiscated, control of the factories were handed over to the Soviets, and wages were fixed at higher rates, as a shorter, eight-hour working day was introduced.

Yet, what once was a force for the people turned into a force against the people.  In 1919, a mere two years after the Revolution, Lenin did an about face: “While the State exists, there can be no freedom.  When there is freedom there will be no State.”  Due to its oppression and lack of free market forces, the Russian enterprise quickly sank, relying on corporate espionage for survival, until the movement collapsed in 1989.

Throughout world history, it happens time and again; revolutionaries storm the capital, overthrow the ruling party, only to insert themselves as the new, benevolent rulers.  But as the new wears off, so does the benevolence, for as Lord Acton reminds us, “Power corrupts, and absolute power corrupts absolutely.”  In this, the American Revolution remains an outlier, and as such is exceptional, for it returned natural rights, and the levers of government, to the people.

Now, our basic democratic tenets are being threatened.  Humans are learning organisms, and would-be tyrants have the same access to history you and I have.  They are able to learn what has and has not worked before, and adapt accordingly.  Like a virus, statists find ways to attach themselves to the Body Politic, infesting it and staying there.  These imbedded revolutionaries are managing to stay in control by waging a “Permanent Revolution” from within.

II.  Permanent Revolutionaries

To understand the subsequent upheavals of history, and what we now potentially face, it is important to understand the ideology behind these related movements.  I believe “Permanent Revolution” is now in its third round of global implementation.  This theory was conceived by Karl Marx, further developed by Leon Trotsky, and is currently being deployed by Barack Obama.  Karl Marx first penned the words “Permanent Revolution” in his 1844 book, The Holy Family, discussing the onset of the French Revolution:

“Napoleon, of course, already discerned the essence of the modern state; he understood that it is based on the unhampered development of bourgeois society, on the free movement of private interest, etc.  He decided to recognise and protect this basis.  He was no terrorist with his head in the clouds.  Yet at the same time he still regarded the state as an end in itself and civil life only as a treasurer and his subordinate which must have no will of its own. He perfected the [Reign of] Terror by substituting permanent war for permanent revolution.  He fed the egoism of the French nation to complete satiety but demanded also the sacrifice of bourgeois business, enjoyments, wealth, etc., whenever this was required by the political aim of conquest. If he despotically suppressed the liberalism of bourgeois society — the political idealism of its daily practice — he showed no more consideration for its essential material interests, trade and industry, whenever they conflicted with his political interests.”

In his famous 1850 Address, Marx sought “to make the revolution permanent until all the more or less propertied classes have been driven from their ruling positions, until the proletariat has conquered state power and until the association of the proletarians has progressed sufficiently far – not only in one country but in all the leading countries of the world – that competition between the proletarians of these countries ceases and at least the decisive forces of production are concentrated in the hands of the workers.”

Lenin’s heir apparent, Leon Trotsky, took Marx’s theory and made it his own, commencing his development it as early as 1904.  Trotsky planned the rapid implementation of Permanent Revolution, through the means of social upheaval:

“The permanent revolution, in the sense which Marx attached to this concept, means a revolution which makes no compromise with any single form of class rule, which does not stop at the democratic stage, which goes over to socialist measures and to war against reaction from without; that is, a revolution whose every successive stage is rooted in the preceding one and which can end only in complete liquidation.”

As Lenin succumbed to stroke, Joseph Stalin seized leadership of the Soviet Union, suppressing Permanent Revolution in favor of party purity, through the implementation of ”Purges,” and his dominant theory of isolationism he called “Socialism in One Country,” which completely opposed Permanent Revolution.  Regarding this shift, a retrospective Trotsky wrote in his essay Permanent Revolution, in 1929:

“The perspective of permanent revolution may be summarized in the following way:  the complete victory of the democratic revolution in Russia is conceivable only in the form of the dictatorship of the proletariat, leaning on the peasantry.  The dictatorship of the proletariat, which would inevitably place on the order of the day not only democratic but socialistic tasks as well, would at the same time give a powerful impetus to the international socialist revolution.  Only the victory of the proletariat in the West could protect Russia from bourgeois restoration and assure it the possibility of rounding out the establishment of socialism.”

His status as the castaway leader of “what could have been” solidified, and today, leftists the world over idolize and emulate Trotsky as a hero, forgetting he was a mass murderer himself, responsible for the massacre of hundreds of thousands, and was in fact critical of Stalin for not going “far enough” with his militarization of the state.

Since Trotsky continued arguing from his exile in Mexico that Stalin’s revolution ran counter to the forces that galvanized the Bolsheviks in the October Revolution, an assassin eventually snuffed him out with a pick axe to the head.  Trotsky lamented what he viewed as the Soviet abandonment of Permanent Revolution, and continued to champion the implementation of his strategy in “underdeveloped” nations, particularly in Latin America.  His movement did not end there, however; through the leftist movements in our country in the past century, Permanent Revolution was perfected for use in America, the most developed country in the world.

III.  America Shifts

The American people are beginning to sense the imposition of a “Ruling Class” regulating and controlling more private matters than ever before.  How this came to pass in America depends upon, yet transcends, typical populist politics, because our nation has experienced that before, in varying degrees.  The enabling issue for our Imbedded Revolutionaries is the use of class warfare, as it was in France, and as it was in Russia, discussed herein.  These Revolutionaries, astute as they are, have simply adapted their methods of class warfare to their new environment.

As socialist movements have never had populist support in the United States, and because bold-faced tyrants would have little success in American politics, the statists - that is, those who believe in state control over individual liberties - use the language voters want to hear to imbed themselves in all facets of government.  This is nothing new, as in 1856, America’s famous observer, Alexis de Tocqueville, noted, “Despots themselves don’t deny that freedom is a wonderful thing, they only want to limit it to themselves; they argue that everyone else is unworthy of it.”

The Ruling Class has accumulated power, concentrating it in places outside democratic checks and balances, all while dumping massive entitlements to those at the bottom, rewarding failure at both top and bottom of economic status, depending on their allegiance to the regime.  Thus the Ruling Class has entrenched itself in a codependent symbiosis with the interests of both the rich and poor.  Statist politicians parse us apart into voting blocs with class warfare, so they can implement their agenda without having to defend it for its merit, while wholesale collusion between business and government thrives at our expense.  Like the Soviet Union, innovation falters due to intervention in the market.

The topic is timely; Arthur Brooks of the American Enterprise Institute explores in his book The Battle the fact that, historically, 70% of Americans prefer a free market to a socialist economy “even though there may be severe ups and downs from time to time,” according to Pew Research Center archives.  Brooks then asks the question:  why are the 30% in charge of the rest of us?  Whatever happened to earned success?

Going further, Angelo Codevilla explains in his epic article that the “The Ruling Class” has found its party, and it is Democrat.  Long ago, populism put its roots down in the Democratic Party.  Before Barack Obama, Robert Kennedy launched the most successful populist movement of our time.  In 1968, RFK remade both parties during his presidential campaign; his Democratic Party by Permanent Revolution, and the other, the leftover Republicans, by consequence.

Robert, like his brother John, and like Robespierre, was renowned for his speeches, and relied on the existing undercurrent of Permanent Revolution for political success.  At the time, the Civil Rights struggle was boiling over in the Southern Freedom Movement, organized by the Student Nonviolent Coordinating Committee (SNCC) with the help of college students from Berkeley.  RFK was happy to be the political vehicle for their concerns.  In 1966, RFK warned from the Senate floor:  “A revolution is coming — a revolution which will be peaceful if we are wise enough; compassionate if we care enough; successful if we are fortunate enough — But a revolution which is coming whether we will it or not.  We can affect its character; we cannot alter its inevitability.”

Riding the inevitability of the conflict afoot, Robert Kennedy was astute enough to recognize the folly of tyranny, stating, “The problem of power is how to achieve its responsible use rather than its irresponsible and indulgent use — of how to get men of power to live for the public rather than off the public.”  Accordingly, he was not an advocate for an imbedded bureaucratic revolution, but merely a social and cultural one, noting, “Every dictatorship has ultimately strangled in the web of repression it wove for its people, making mistakes that could not be corrected because criticism was prohibited.”

Like those revolutionaries before him, his life also ended tragically.  Also like the revolutionaries before him, he had learned to modify his movement for the moment, as would the revolutionaries in his wake.  After RFK, Permanent Revolution was methodized again in Saul Alinsky’s 1972 manual Rules for Radicals. Alinsky, a Chicago-based community organizer, thoroughly understood Trotskyism and knew how to adapt it to a changing landscape.  This book is important in recognizing the maturation of Permanent Revolution into bureaucratic entrenchment; as described by the author:  ”The Prince was written by Machiavelli for the Haves on how to hold power. Rules for Radicals is written for the Have-Nots on how to take it away.”  Alinsky elaborated:

“Dostoevski said that taking a new step is what people fear most.  Any revolutionary change must be preceded by a passive, affirmative, non-challenging attitude toward change among the mass of our people.  They must feel so frustrated, so defeated, so lost, so futureless in the prevailing system that they are willing to let go of the past and change the future.  This acceptance is the reformation essential to any revolution.  To bring on this reformation requires that the organizer work inside the system.”

IV.  Postmodern Socialism

No doubt Alinsky had influence on another young community organizer from Chicago, Barack Obama, and his campaign manager, David Axelrod.  Populism is nothing new for Axelrod, one of the most successful political scientists of our time, who, at 13, sold buttons for Robert Kennedy.  Unlike the bourgeois Kennedy, Obama offered a bolder opportunity for Permanent Revolution.  In his Axelrod-reviewed book, Audacity of Hope, Barack Obama wrote, “I serve as a blank screen on which people of vastly different political stripes project their own views.”  As tabla rasa, Obama was elected, portraying himself as a centrist to the centrists, and a leftist to the leftists.

Obama cannot, however, perpetuate this myth for his reelection in 2012.  Obama has revealed his intentions, becoming a beacon of Postmodern Socialism; he is friend of the richest, savior of the poorest, and unconcerned with offending those simpletons that “cling to their guns and religion.”  He has implemented class warfare legislatively with interest-driven stimulus, health care, student loan, and financial reform, and he proposes more.  He understands how to achieve Permanent Revolution, using the Legislative Branch to do most of his bidding for him.  Taking another page from Marx’s playbook, he has developed “Proletariat Internationalism” into his own brand of universalism, steadily recognized as nothing more than the progressive Wilsonian agenda, both in foreign and domestic affairs, wrapped in a populist banner.  It’s dangerous on both fronts.

As is often the case with populism, however, the political sands have shifted, necessitating a change in Obama’s rhetoric.  Consider the differences between these two speeches; first Obama’s “This is our moment” speech given in St. Paul during the campaign, on 3 June 2008:

“If we are willing to work for it, and fight for it, and believe in it, then I am absolutely certain that generations from now, we will be able to look back and tell our children that this was the moment when we began to provide care for the sick and good jobs to the jobless; this was the moment when the rise of the oceans began to slow and our planet began to heal; this was the moment when we ended a war and secured our nation and restored our image as the last, best hope on earth. This was the moment—this was the time—when we came together to remake this great nation so that it may always reflect our very best selves and our highest ideals.”

Averaging a speech a day since inauguration, the President’s rhetoric quickly turned from soaring to sour.  Two years after the St. Paul speech, President Obama, in an interview with Matt Lauer on NBC’s Today Show, on 8 June 2010, let loose the following concerning British Petroleum and the Gulf Oil Spill:

“I was down there a month ago, before most of these talking heads were even paying attention to the gulf.  A month ago, I was meeting with fishermen down there standing in the rain talking about what a potential crisis this would be.  I don’t sit around just talking to experts because this is a college seminar.  We talk to these folks because they, potentially, have the best answers so I know whose ass to kick.”

Insomuch the once charismatic campaign-centric presidency has descended into vulgar threats. Somehow, though, even as BP CEO Tony Hayward leaves his position, some Americans felt sorry for him, sensing he had been “demonized.”  That’s because while the Greeks have proven susceptible to class struggle, most Americans understand the free market is not just about economics, but that their freedom depends upon it.  Both left and right are questioning Keynesian methods, realizing the folly of attempts to stoke aggregate demand.  Moreover, Americans realize maintaining economic freedom is a moral issue.

Not the Administration, though, as Big Business is Barack’s Pariah and certainly not his constituents on the Far Left, who forever want more in the way of class struggle.  To satiate them, the Obama Administration resorts to attacking political enemies, not just Glenn Beck and Rush Limbaugh – totally uncharacteristic of an American president - but bonuses for “Wall Street fat cats,” and, shareholder dividends, charitable donations, and business largesse, all the while, rewarding failure through legislation.  That won’t be enough to stay in power, so another method has recently been implemented to continue Permanent Revolution and, they hope, maintain control of the White House.

V.  The Next Wave

Sensing that their argument against capitalism is not sticking, the Left has decided to switch tactics, preying on American sensitivity to racism.  Americans are petrified of being labeled a racist, because, even when flagrantly false, charges of racism are nearly impossible to repudiate.  A Democratic Congress realizes this:  Why did the Senate shelf energy legislation – which, although faulted for its deleterious economic effects, had some Republican support – in favor of debate over racially-divisive comprehensive immigration reform, which did not?

Enter a news cycle where everyone is calling everyone else a racist, because defending capitalism was easier than defending charges of racism.  This “Left-Wing Conspiracy” is achieved with an affiliate media, a fact verified by the recent “Journolist” scandal.  On the listserv network, reporter Spencer Ackerman was quoted as posting the following:

“If the right forces us all to either defend [Reverend Jeremiah] Wright or tear him down, no matter what we choose, we lose the game they’ve put upon us.  Instead, take one of them — Fred Barnes, Karl Rove, who cares — and call them racists… This makes them ‘sputter’ with rage, which in turn leads to overreaction and self-destruction.”

Our Fourth Estate/Fifth Column is therefore fanning the flames of race-baiting arguments to distract us all from the real issues at hand.  Ask yourself:  Why has race dominated the news cycle for the past three weeks?  From coverage of the Tea Party to the New Black Panther Party, and from the Justice Department to the Arizona immigration law, it appears to be working.

The firing of Shirley Sherrod, former Agriculture Department official, further muddied the struggle, who spoke of her supposed redemption from her own racism against whites, saying: ”That’s when it was revealed to me that, y’all, it’s about poor versus those who have, and not so much about white; it is about white and black, but it’s not.”  Andrew Breitbart, the online mogul who posted the video, was vehemently castigated while Sherrod was canonized in media.  Facing that reality, it’s no wonder nobody questions the relationships that may (or may not) exist between the Justice Department, the NAACP, the New Black Panther Party, and/or Farrakhan’s Nation of Islam.

The Left is capitalizing on these racial fears and slandering opponents not just at the Daily Kos or Huffington Post, but at CNN and the Washington Post as well.  Just this week, Professor Mary Frances Berry confirmed this tactic is being actively deployed by Democrats, writing on a Politico forum:

“Tainting the tea party movement with the charge of racism is proving to be an effective strategy for Democrats.  There is no evidence that tea party adherents are any more racist than other Republicans, and indeed many other Americans.  But getting them to spend their time purging their ranks and having candidates distance themselves should help Democrats win in November.  Having one’s opponent rebut charges of racism is far better than discussing joblessness.”

Racially-motivated class struggle easily fits the DNA of this Administration.  Remember, Barack Obama was surrounded by Black Liberation Theologists like Frank Marshall Davis and Jeremiah Wright for more of his life than not, who reaffirmed the belief that America was a “downright mean” place, in the parlance of his wife, due to the spoils of wealth and the exploitation of cheap labor.  His friends and colleagues advocated class struggle on the basis of race to an eager and ambitious Obama.  It’s not a large leap for him, or his Administration, to go from one argument to the other.  And so it goes.

VI.  Counter Revolution

Two class conflicts are being perpetrated on the American people, and neither is new; one is economic and the other is racial.  Deception on both fronts incites fear and anger among those who seek the truth.  In contrast to revolutionaries abroad, our revolutionaries seek not to do violence, but to instead instigate it.  Race-hustling rhetoric is being deployed not in spite of, but because of our successes in turning popular opinion away from progressivism.

The economic problem answers itself, with a look back at history.  Reagan’s 1982 recession helps negate the assertion that FDR ended the Great Depression by soaking the rich.  Calvin Coolidge’s low taxes – and low misery index - lends merit to laissez-faire.   Re-examining how the Swedes successfully combtted a banking crisis, combined with the miscalculations of outgoing Budget Director, Peter Orszag, reveals the fault in Obama’s use of Keynesian controls.

Whereas faulty economic policies eventually undo themselves with data, the faulty race-baiting politics proves harder to combat, as it is so subjective.  Today, debates over various subjects are won by crying racism, and then arguing their opponents cannot understand how racism fits into the argument because they’re blinded by privilege or worse yet, their own racism.  As Orwell told us, “In a world of universal deceit, telling the truth is a revolutionary act.”

We can study the past to analyze the present, but our future, at this point, is uncertain.  Our political landscape changes so rapidly.  What is certain is the Left is trying to keep race as the central issue.  Doing so in 2008 helped Axelrod vault Obama into the presidency; for them, this strategy is both successful and familiar.

How do we combat charges of racism?

It is up to us to reminding folks that identity politics, where ever it exists, is bigotry.  We must reiterate that conservatives agree with the 13th and 14th Amendments, the Civil Rights Act of 1964, as well as Brown vs. Board of Education. Even as they rolled back parts of the Constitution, these actions were necessary in keeping with the tenets of the Declaration of Independence that all men are created equal, and should be treated thusly.  We also believe in rewarding hard work.  We believe in extending ladders of opportunity to those who are willing to work, regardless of prior or inherited socioeconomic or racial status.  Therein lies the American Dream.

As we work to reclaim our nation, we cannot be goaded into violence by the Left.  The perceived necessity for an actual revolution diminishes if the minority party were to reclaim Congress in 2010.  With three months until the midterms, however, this has potential to get worse before it gets better.  Ours is a civilized nation, with little appreciation for violent upheaval.  The minority party must utilize this logic, as the Left is using it against us.  We must get serious.

We must get serious about these assertions for the 2010 midterm and the 2012 general elections.  If Republicans take Congress, they must guarantee the American people there will be no more bills “we have to pass” in order to “find out what’s in it.”  Even then, however, legislation cannot be repealed, as an Obama veto could not be overridden.  The only logical solution for a Republican Congress, then, is to defund agencies like the EPA that continually usurp their legal authority, and set the stage for 2012.   Then, they can begin to rollback recent legislation that infringes upon our natural rights conferred in the Declaration of Independence.

It is up to us.  I doubt that, years from now, when our indebted children ask, “Why didn’t your generation do something to stop this crisis?” the answer, “I didn’t want to be called a racist,” will suffice.  Nor should it.  We must remain steadfast to the guidance of Martin Luther King, Jr. wrote in his 1968 address, “Remaining Awake Through a Great Revolution:” “On some positions, Cowardice asks the question, “Is it safe?”  Expediency asks the question, “Is it politic?”  And Vanity comes along and asks the question, “Is it popular?”  But Conscience asks the question “Is it right?”  And there comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must do it because Conscience tells him it is right.”

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Aug 2, 2010

Who is Donald Berwick?

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Well, I’ll tell you. On July 7, President Obama appointed Dr. Donald Berwick to be “Administrator of the Center of Medicare and Medicaid Services,” aka, the Medicare Czar. Obama did so while Congress was in recess, thereby bypassing the Senate confirmation hearing, requisite for the position. Now, why would he do that?

President Obama wanted to slide Berwick into his position with little fanfare, as Donald Berwick is a radical leftist with a radical vision for America, with a certain affect for centrally socialized health care.  Berwick, like most leftists these days, has an impressive resume, topped off with a degree from – and subsequent stint at – Harvard University, and as such, is of the President’s ilk. To the dismay of the President, Berwick’s nomination ignited such an uproar within the conservative community that Obama relented and will indeed send Berwick to the Senate for confirmation. I say, let the games begin.

Herein I wish to expose this fellow, Donald Berwick, so you, the reader, can get to know him, because, in any other circumstance of “getting to know him,” it may be too late.

Berwick’s Views

Like the President, Donald Berwick must be smarter than you and me. I mean, just look at his resume!  He must know better than us dummies. So, what do dummies like you and I actually know about Medicare?

Well, we know Medicare comprises 20% of the federal budget.  We know Medicare now constitutes an unfunded liability of $36 trillion.  We also know Medicare has a “high-risk pool” that has been declared “underfunded,” much more than the $5 billion estimated by Congress.

Hmm.  What would Berwick do with the expensive portions of Medicare?  Besides being an accounting trick used to hide the true costs of Medicare, “high-risk pools” are at “high risk” as targets for cutting costs.  As Medicare is mandatory, this surmounts into a sinister scenario, characterized by the term “death panels,” i.e., a board which determines the “metrics” as to whether or not your “pool” will be funded.

“Wait!  Death panels again?!”  Methinks thou doth protest too much.  Fine – allow me to justify my assertion.

For starters, just look abroad; countries where government has complete control of health care inevitably have to ration, particulary when facing tough decisions over debt. In America, conservatives fear rationing in both Medicare and Medicaid due to these impending economic shortfalls due to our enormous unfunded liabilities. Liberals say rationing already occurs, compliments of the insurance companies.  With private health insurance, however, you still have the abilitiy to shop around.  The public sector lacks the profit motive that keeps industries – if not businesses – afloat.  Costs are hidden and neglected for years.  Without these market forces, how will our government pay for Medicare’s inherent inefficiencies?

Enter Comparative Effectiveness.  The definition of this term, provided by Wikipedia, is as follows:  “Comparative Effectiveness Research is the direct comparison of existing health care interventions to determine which work best for which patients and which pose the greatest benefits and harms.”  Thus the interventions deemed unnecessary will be eliminated, regardless of whether the patient wants it or not, or is able to pay for them independently.  Those of you familiar with ethics studies will recognize this as a sort of “health care utilitarianism,” in which the greatest good is sought for the greatest number.

You can call it Comaparative Effectiveness, collectivism, or utilititarianism; it facilitates rationing.  Berwick, said so himself, when he said in an interview about “Comparative Effectiveness Research” with the American National Institute of Health:

Interviewer: “Critics of CER have said that it will lead to the rationing of health care.”

Berwick: “We can make a sensible social decision and say, ‘Well, at this point, to have access to a particular additional benefit [new drug or treatment] is so expensive that our taxpayers have better use for those funds.’ The decision is not whether or not we will ration care—the decision is whether we will ration with our eyes open.”

Berwick’s ambitions for American health care, however, don’t stop with rationing.  Heck, they don’t even stop at health care.  His slobbering – I mean, glowing – speech to Great Britain’s National Health Service (NHS) helped illuminate Dr. Berwick for what he is:

“You (Great Britain) could have protected the wealthy and the well, instead of recognizing that sick people tend to be poorer and that poor people tend to be sicker and that any health care funding plan that is just, equitable, civilized and humane must, MUST redistribute wealth from the richer among us to the poorer and the less fortunate. Excellent health care is, by definition, redistributional.”

Donald Berwick is also a big supporter of ”Patient-Centered Care.”  Sounds good, right?  This term usually deals with palliative, or end-of-life, care.  In Berwick’s world, this care takes place in medical ‘homes,’ deemed appropriate for Medicare payments, therefore minimizing “rehospitalizations” while cutting costs.  Could these, or would these, nursing homes be mandatory for everyone on Medicare?  What kind of quality of life would be expected at these facilities?

Enter QALY.  In his praise for Great Britain’s National Institute of Health and Clinical Excellence (NICE), Berwick commended NICE, who “developed very good and very disciplined, scientifically grounded, policy-connected models for the evaluation of medical treatments from which we ought to learn.”

These “models” Berwick speaks of are controlled by Quality-Adjusted Life Years, or QALYs, and are described on the NICE website:

To ensure our judgements are fair, we use a standard and internationally recognised method to compare different drugs and measure their clinical effectiveness: the quality-adjusted life years measurement (the ‘QALY’)…  A QALY gives an idea of how many extra months or years of life of a reasonable quality a person might gain as a result of treatment (particularly important when considering treatments for chronic conditions)….  A number of factors are considered when measuring someone’s quality of life, in terms of their health.  They include, for example, the level of pain the person is in, their mobility and their general mood.

Cost effectiveness, is in this regard, would be measured in units of “Dollars per QALY.”  This rationing method is implemented in Great Britain, and Dr. Berwick would wish to bring it to America’s palliative care facilities.  But Donald Berwick’s Postmodern Socialist views don’t end with Medicare, or health care, for that matter.  In the same speech to the NHS, he denounced profits as immoral:

“Our insurance companies try to predict who will need care, and then to find ways to exclude them from coverage through underwriting and selective marketing. That increases their profits. Here, you know that that is not just crazy; it is immoral.”

Berwick decided to take his denunciation of the free market a step even furtherBerwick said, “Don’t put your faith in market forces” - instead, trust “leaders with plans.”

Dr. Berwick, as the newest and most ambitious member of America’s Ruling Class, will be calling the shots (or lack of shots) for Medicare.  Then what?  Remember, statists like this are never satisfied with simply a taste of power.  They eventually want it all.  He sees himself as “a leader with a plan,” for you and your family.

What It All Means

If you’re like me, you first heard of Berwick a couple of months ago when Obama nominated him, as he was controversial even waaay back then, four months ago. Like I said, Obama had to use a recess appointment, which is, albeit deceptive, Constitutional (Article II, Section II, Clause 3).  The minority has little power to prevent recess, and no power to prevent recess appointments.  They will have power in the confirmation hearing, though, and it will interesting to watch our new “Rationer-in-Chief,” or as others are calling him, a “One Man Death Panel,” try to defend his stances on health care and socialism.

So, on a macro-level, we know that full implementation of Obama’s agenda for health care would result in the abolition of private health care.  I won’t get into that now.  The fact that he tried to slide Berwick in under our noses – and then had to rescind when both Republicans and Democrats protested – illuminates something greater happening here.

In the wake of Obama’s election, Americans were generally filled with one of three emotions:  Hope on the Left (and in the center); Apathy among some; and Despair on the Right.  As time went on, and as a Progressive wave of legislation is at writing washing over this nation, both Hope and Despair are beginning to be displaced by Cynicism and Apathy.  Nobody believes the Administration anymore, illustrated by the lack of faith in Obama’s Orwellian “Summer of Recovery.”

In his heart, Obama believes he can glorify his Administration and demonize his opponents with carefully leveraged speeches.  Admittedly, combatting Obama’s Trotsky-meets-Alinsky campaign methodology of “Permanent Revolution” will be difficult in both 2010 and 2012.  Systematically, that battle has already begun, at the behest of the wings of the liberal establishment.  More on that later.

Until then, don’t get distracted by their flagrantly false arguments aimed to marginalize your energy.  Remember their plans for America.  Remember their disdain for the tenets of individual freedom.  Remember their incompetence.  Remember their deceptions.

Remember November.

“It is vain to talk of the interest of the community, without understanding what is the interest of the individual.”

~ Jeremy Bentham, early advocate of utilitarianism

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Jul 22, 2010

Kagan v. Independence

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The retirement of liberal Justice John Paul Stevens from the Supreme Court presented an opportunity I now consider lost.  Solicitor General Elena Kagan will be confirmed this week, with little resistance.  President Obama’s nominee is a political operative with little substance to offer in word or action.  Oddly enough, her confirmation as Supreme Court Justice coincides with Independence Day weekend.  Funny, since the woman does not believe in inalienable rights as defined in the Declaration of Independence, our first founding document.

On Independence Day, it is prudent to remember why this country is unique.  As two percent of the world’s populations, Americans have the highest standard of living in the world.  Why?  Why is this the land of opportunity?  The notions that define this country may have began centuries earlier, but culminated on July, 4 1776, with the codification of American freedoms in the Declaration of Independence.  But Elena Kagan has no regard for the tenets bravely espoused by our founders 234 years ago.

Balderdash! you may say, spewing your coffee (or soda, or other beverage) on your monitor.  Well, here’s an exchange from the Hearing this week between Ms. Kagan and Senator Tom Coburn:

COBURN: Do you agree with Blackstone that the natural right of resistance and self-preservation, the right of having and using arms for self-preservation and defense? He didn’t say that was a Constitutional right.  He said that’s a natural right.  And what I’m asking you is do you agree with him?

KAGAN: Senator Coburn, to be honest with you, I don’t have a view of what are natural rights, independent of the Constitution, and my job as a justice will be to enforce and defend the Constitution and other laws of the United States. (emphasis added)


With the retirement of Stevens, some were asking, “Could it get any worse?”  The answer is yes:  Kagan does not believe our rights are ours and ours alone, endowed by our Creator, among them, explicitly listed as Life, Liberty, and the Pursuit of Happiness.  While Stevens is a great man and a patriot, the cause of liberty in the Supreme Court was not aided by his 35 year stay there.  However, unlike Kagan, I do believe Stevens would have found at least some merit in the Declaration of Independence and the rights it secured for us.

Ignoring all the gay stuff and abortion drama, let’s compare and contrast Kagan and Stevens on the issues that matter.

Another Man’s Legacy

When the Court has found it prudent to overturn parts of the U.S. Constitution, it has typically been in favor of the aforementioned natural rights, for which, again, Kagan has no regard.  Though Stevens may respect these liberties, he has a history of ruling against liberties enumerated in the Bill of Rights.  John Paul Stevens authored the 5-4 dissent in the historic Bush v. Gore, which disagreed with the Electoral College, as prescribed in Article II, Section 1, Clause 3 of the U.S. Constitution, and instead suggested we hold the popular vote as the standard for presidential election.  Stevens is quoted in his dissent as follows:

“Although we may never know with complete certainty the identity of the winner of this year’s Presidential election, the identity of the loser is perfectly clear.  It is the Nation’s confidence in the judge as an impartial guardian of the law.”

Steven’s issue with the Constitution is the very fact that it is impartial.  There’s no undoing founder’s intent where it is explicit, as Kagan bemoaned this week.  Where it is implicit, Stevens did his best to unravel original intent and original meaning, notable recently in Citizens United vs. Federal Election Commission. (Regarding this case, I would like to point out my own hesitation with the majority opinion; while the Freedom of Speech should never be abridged, I believe there should be some limits to corporate funding of candidates, and at the least, publish the names and amounts of corporate donors.)

Nevertheless, when we restrict the freedom of speech based on “blank,” we are censoring them.  We must be able to defend such censorship with legal means found in the U.S. Constitution.  This is usually done with the Ninth Amendment, where I believe our inalienable rights are recapitulated, which states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”  We have the right to speak out as long it does not inhibit another’s rights.  No exceptions.

However, in September, as Solicitor General in the Citizens United case, Elena Kagan argued that government had the right to ban certain literature that advocated election or defeat of a candidate for federal office, urging the Supreme Court to “embrace theory of First Amendment that would allow censorship not only of radio and television, but of pamphlets and posters.”

The First Amendment guarantees free speech, the beginning of all other rights.  We cannot muzzle certain voices, no matter how bad it hurts.  The Second Amendment, already shown to be endangered by Kagan in her exchanges with Sens. Coburn and Grassley this week, is the protectorate of the First Amendment.  If we have no natural rights in this regard, we have no rights at all.  Those who would wish to re-enslave us would be quick to dismiss our inalienable rights as outside the Constitution.

Without these rights, the federal government would be allowed to instruct you on when to wake up, what to wear, where to work, how much you could earn, and what you could eat, what you could eat, what you could eat.

In case you missed it, what you could eat.  Since Coburn brought it up…

Let’s Talk About the Commerce Clause

If you didn’t know, I wholly disagree with Obamacare; check my category named “Health” for more information than you’d ever want on the issue.  For one, I do not agree with the ideology that government is to care for the individual from cradle to grave.  Handouts do not create Happiness.  I fear what it will do to the American soul, to American freedoms, and to American business.  The totality of the law has not yet been implemented.  There is a way to stop it, though, and it’s called the Commerce Clause.

Like John Paul Stevens, Elena Kagan believes in a bastardized version of the 16-words in Article 1, Section 8 Clause 3, aka the Commerce Clause.  As I did with regarding the Fifth Amendment in my post “Disappearing Property Rights,” I will include the Clause in its entirety:

“The Congress shall have the Power:  To regulate commerce with foreign Nations, and among the several States, and with the Indian tribes.”

At the outset, note the difference between the words ”among” and “within;” technically, the law allows regulation of INTERstate Commerce, not INTRAstate Commerce.  If you understand that, you’re ahead of the Supreme Court.  You see, liberal Justices are inclined to pair the Commerce Clause with the Necessary and Proper Clause, which states:  “The Congress shall have Power – To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Where would these combined powers end?  Depends on your slant.

Also, for liberal Justices, there’s the Constitution, then there’s judicial precedence.  While both are important, each Justice will have to reason through which ideals are most important to maintain individual freedoms within the law.  Stevens was partial to federal powers, dissenting in United States vs. Lopez (the gun-free school zone case, and the first case to roll back Commerce Clause powers since the New Deal), United States vs. Morrison (which determined that “Violence Against Women” was not Interstate Commerce), and writing the majority opinion in the 6-3 Gonzalez v. Raich, which restricted the state’s rights to legalize marijuana.  If you think the marijuana trade is a criminal matter and not Commerce, you may be right, but only one-third of the Court agrees with you.

“How does this effect me?” you may ask.  “I don’t smoke the ganj.”  Well, Cato Institute’s Ilya Shaprio notes Gonzalez opinion “ratified the most expansive use of government power under the Commerce Clause ever.”  This is an extremely important case for judicial precedence in the fight to repeal Obamacare.  As Newsweek magazine points out:  “The case has major implications for the present health-care reform debate, because health reform depends on the federal government’s powers under the Commerce Clause.”

Kagan has been extremely, and astutely, silent (some might say “elusive“) on the Commerce Clause, but she let one slip past the goalie in her deliberation with Senator Coburn, my Hero of the Week.  (In case you missed it… what you could eat).  Obamacare’s repeal will depend on the interpretation of the last few cases I listed, so if you want to know how all this will go, familiarize yourself with them.

Final Thoughts

Is the cause for liberty diminished with the Stevens-Kagan transition?  Not really, because the ideological balance remains unchanged.  What’s more, Kagan will be a lightning rod for midterm campaigns.  The problem is, she’ll be a Justice for the next 20 to 30 years.  In that amount of time, she could thrust judicial review back to the Stone Age; yabba, dabba doo!  Sorry; I had to throw that in.

The more people are aware of the fact that their liberties are always in danger, though, the more likely we are to stay a free society.  I’m asking you to please stay engaged, no matter how boring or how ugly you may think it is.

“If man in the state of nature be so free, as has been said; if he be absolute lord of his own person and possessions, equal to the greatest, and subject to no body, why will he part with his freedom?”

~ John Locke, Two Treatises of Government, 1689

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Filed under Ideology, News
Jul 2, 2010

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