Wednesday, May 27, 2009

Answering Mark T

Mark T. left a comment at Electric City which was his usual tripe, and I noted how it was as usual, essentially inane. Mark replied
Oh, please, elucidate. Enlighten and inspire me all at once!

While I know that this was phrased in a sarcastic mien, I am still willing to take his challenge. Let's take these a bite at a time. First:
It was “activist” judges who installed Bush as president.
Sorry Mark, but you are a victim of the corporate newsrooms who hide the real information from you in order to obey their masters who control all of our information. Your statement is partly true, in that it was the "activist" Florida Supreme Court that ruled that a statute governing when the election was to be declared didn't mean what it said. If they would have followed the clear law, there would not have been a need to go to the SCOTUS. Even there, the original ruling was 7-2 that the method of counting votes used by Florida was unconstitutional. The 5-4 ruling was whether or not to stop the unconstitutional counting. Your example demonstrated your point, but not in the way that you meant. It was the rejection of activism that disregarded the law that allowed Bush to retain his majority.
Next you said:
This notion that the constitution is a static document that spells out how cases should be determined is utter fantasy. The constitution is a broad outline with a great deal of room for nuance and legitimate disagreement.
The Constitution is the framework under which we have agreed to organize limited government for assistance in our affairs. To call it a living document is the same as saying that the wood that makes up the frame of a house is "living." Law provides its benefit by giving us a sense of certainty. If you go to a lawyer for advice, he or she may tell you that the law is clear, and that you will prevail or not. But if the law is nothing but nuance, everything becomes subject to litigation. And even if you lose, applying nuance would get you into the Supreme Court where the adverse ruling could be overturned. Of course, if you win, the other side could also apply nuance which would get you into the Supreme Court where the adverse ruling could be overturned. In other words, everything has to go to the Supreme Court for final determination, which just bogs down the Supreme Court, and provides no guidance on what the state of the law is except moment to moment.
Applyng Obama's criteria of "empathy" to judging reduces all of the cases to passion plays. And with your background, I am surprised that you don't realize that the wealthy litigants would have the better supply of assets to sway the judge with emotional tugs at their heartstrings.
Next you said:
Furthermore the founders were far from infallible (slavery, women voting, electoral college, appointment of senators).
You are right that the Founders were far from perfect. No human endeavor is ever perfect. But what the Founding Fathers were was incredible. They managed to take 18th Century concepts and used them to create the most incredible document for self governance ever devised. And the most amazing thing is that they created the ability to modify it (slavery, women voting, appointment of senators for example). If you demand perfection, you will achieve it in that you will be perfectly disappointed.
Finally:
On top of that, societal values change - people are more accepting of gays now than ever before in history, and that should be reflected in court rulings.
Yes, American societal values change, but that doesn't mean that the courts are the way to affect change. In fact, the activism of the California Supreme Court led to Proposition 8, which has set back acceptance of gay marriage by at least 15 years. Your lack of willingness to consider the legislative route to societal change reflects poorly on your belief in the essential ability of citizens to respond to societal changes.
I hope that you will consider these points, and if I am wrong, I am willing to listen. But don't rely on common leftist dogma, use facts and real argument.

Sunday, May 24, 2009

I'm So Dizzy, My Head is Spinning

Watching Meet the Press this morning, I saw Sen. Richard Durbin debating Newt Gingrich about Guantanamo. You have to give the Senator credit, he is an ardent partisan who skillfully avoids answering questions that are unpleasant for him, while focusing on niggling differences to justify his position. Watch it here:

What I came away from this interview was that for Democrats, Republicans are a bigger threat to the country than terrorists.

Wednesday, May 20, 2009

The Voters Have Spoken - The Bast**ds

At least, that is what I am sure that the political leadership in California is saying right now, what with their plebiscite on further confiscatory taxation being rejected so heartily. According to the old adage, "As goes California, so goes the Nation. That was certainly true in the '70s when Proposition 13 started a real revolt on taxes that swept across the country. You could even argue that they have paved the way for the mess we are about to enter with overspending and overtaxing. But it took California quite a while to get into this mess, and it was driven by politicians who promised all sorts of wonderful and happy programs that were all going to do so much good. I suppose the next step is for the wise solons of Sacramento to start slashing everything, which will then present the voters with the reality that there is no such a thing as a free lunch. You can't control spending and taxes and get every little nicety that appeals to you. Adults have to make choices, and the choices are often hard, but that is why they get to make them. Maybe the voters of California have realized that the promised Nirvana if they would just pay more is not going to come about. Just like we probably will realize in less than a year and a half on the national level.
The problem to me though, is this a well thought out assessment of their situation, or a gut reaction to the idiots in Sacramento? Don't get me wrong, I concur with the results, but when you match up the sort of initiatives that get passed, you wonder if people really do understand them. For instance, in Montana we have passed an increase in the minimum wage that is paired with the CPI for increases, and expanded SCHIP to children of families making $50,000 a year. Leaving aside the merits of these proposals, fiscally speaking they are a disaster. Businesses are raising prices to make up the increase in wages, thereby reducing the value of the wage increases and children are being dropped from family health care plans to become covered by the state.
I don't know what the answer is to my fellow citizen's inability to understand the complications of their choices. But maybe for a cynic, the answer is clear: Appeal to emotion and get your way (at least temporarily) and deal with the consequences later.
Oh wait, that's just what is happening now.

Friday, May 15, 2009

No Kidding!

From Bloomberg.com:
President Barack Obama, calling current deficit spending “unsustainable,” warned of skyrocketing interest rates for consumers if the U.S. continues to finance government by borrowing from other countries.

“We can’t keep on just borrowing from China,” Obama said at a town-hall meeting in Rio Rancho, New Mexico, outside Albuquerque. “We have to pay interest on that debt, and that means we are mortgaging our children’s future with more and more debt.”

Holders of U.S. debt will eventually “get tired” of buying it, causing interest rates on everything from auto loans to home mortgages to increase, Obama said. “It will have a dampening effect on our economy.”

Now, what is he going to do about it, except make it worse?

Wednesday, May 13, 2009

Nancy, You Got Some 'Splainin To Do

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This is not about the morality of "torture." This is about the cynical manipulation of the Left by politicians who are only interested in power, not the truth.

Tuesday, May 12, 2009

What Will They Think of Next?

Sen. Baucus' Finance committee is looking to remove the tax deduction that businesses get for providing health care in order to expand the Medicare\Medicaid provisions to more who are uninsured. What a wonderful idea, and I am sure that they have thought this all the way through of course. While I agree that giving employers a tax break has skewed the system to its present day unworkable mess, I think that their solution is going to make the situation even worse. If that is possible.
If a business will lose the deduction that they get, less of them will offer health care. First off, it's expensive, and at a time like right now, it's not needed as an incentive to get workers to come and work for you. Second, if they tax the workers for the received benefit, how many are going to ask for the contribution in cash instead of insurance, and then not buy the insurance. Thereby raising the number of uninsured. That would be my personal preference of course, since I am covered by two plans that I don't pay for, nor do I use. Give the money to me, let me invest or save it, and when the time comes that I go to a doctor, I will negotiate the price I am willing to pay. But I know that the majority of people are not going to save it and instead will be showing up on the Emergency Room door with no insurance at all (the present situation, but there are going to be a heck of a lot more of them).
So, what is the answer to the problem? Darned if I know, short of repealing the XIII amendment and forcing doctors to work for free. We have contrived such a monstrosity that the only answer may be to scrap the whole deal and start over. No insurance for anyone. Not much of a campaign motto though.
Any other bright ideas?

Friday, May 08, 2009

This is Cool

While I realize that this is not much different from the old player pianos, this is still pretty cool. And I think that the graphic depictions of the notes makes more sense than standard musical notation.

Wednesday, May 06, 2009

A Nation of Laws, or a Nation of Courts?

President Obama makes much hay out of the idea that he is restoring us to a "Nation of Laws" at least in regards to how we treat those who are trying to kill us. All well and good of course, but apparently, that is the only place that laws would apply. If law gets in the way of a greater public good, well, we'll just get a judge to get around that problem.
Consider his declaration of who he is looking for to replace Justice Souter on the Supreme Court. He
wants “someone who understands justice is not just about some abstract legal theory,” he said, but someone who has “empathy.”
In other words, judges should decide cases not on the legal merits, but on the desired outcome. Kind of makes you wonder why we should even have any legislative bodies to pass laws doesn't it?
But as with so much of the Obama administration, they see an immediate and precise solution to a problem, but don't look for the unintended consequences. As Michael Barone notes in this piece,
who is going to buy bonds from unionized companies if the government is going to take their money away and give it to the union? We have just seen an episode of Gangster Government. It is likely to be part of a continuing series.

Following it out to its logical conclusion, our entire governmental apparatus is going to be turned over to our wise jurists who will only use their enormous power for good, at least as they see it. Forum shopping just became a lot more attractive. Add in that if you are a private investor looking for a safe but low yield return for your retirement, are you going to invest in anything that the government will now say is not in the greater good? But in the auto case, by trying to reward the unions for all of their good and dutiful service in getting him elected, he may have just sown the seeds of their own destruction.

Monday, May 04, 2009

Feces, Fan Collision

Something very interesting is going on regarding the Chrysler bankruptcy. Apparently, a very well respected bankruptcy lawyer has claimed that the "Car Czar" (fresh off from his latest pay to play meeting) told his firm that they had to accede to the agreement that gave majority control of the remnants of Chrysler to the unions. The White House has supposedly threatened to unleash their lap poodles (the White House Press) if the little old ladies who had invested in Chrysler bonds to fund their retirement didn't agree to accept basically ten cents on the dollar. (Why is it that Obama hates poor old retired people?) The White House of course has denied any such allegations in total. Which may have been the end of it, but the lawyer's client won't confirm or deny the allegation. Now, if it's just plain untrue, why not deny it? On the other hand, if it is true, wouldn't that invite the ankle biting press in anyway? It would seem to fit the expected pattern of using the courts to reward the Democratic constituencies that elected "The One." Very suspicious, but not yet beyond a reasonable doubt.
But the lawyer has just filed a motion in bankruptcy court to stay the agreement since it is in essence an unconstitutional taking under the V Amendment.
As Hot Air points out, you would think that our constitutional scholar/President would know that sort of thing.

Sunday, May 03, 2009

A Simple Question

The current mantra espoused in the astroturf generated letters to the editor all seem to proclaim the general failure of capitalism. My question is, what would they replace it with?
Socialism as a precursor to communism leavens the masses more effectively than capitalism, but does so by limiting individual performance. It restricts innovation and inventiveness and replaces it with government mandated rules and procedures. It still maintains an elite that get to decide who is rewarded or punished. And since these "elites" are human, they are just as vulnerable to human failings as capitalists, but they have much more power than capitalists have.
Communism fails to answer the basic question of who will clean the sewers? If all labor has its dignity, who would prefer to muck out sewage instead of working in a clean lab?
What model reduces inequality while allowing for individual excellence and fulfillment and at the same time maximizes individual freedom? There are no historical examples that I can think of that would accomplish this.

Friday, May 01, 2009

Coals to Newcastle

PETA is going to stage a demonstration (if they get the permits) of a complete pig farm in front of the Capitol.
I am sure that the irony escapes them.

Thursday, April 30, 2009

We Should All Be Glad

That Barak Obama is in good health. As noted here, Joe Biden should be kept in an undisclosed location for his own protection from exhibiting his stupidity. His statement's impact on the airline business is just what they needed right now.
Joe Biden - The poorly trained labrador puppy of politics.

Thursday, April 23, 2009

Proof That A little Bit of Knowledge is a Dangerous Thing

Nita Lowey (D-FairyTale Land) has a posting on the Hill's Congress Blog that originated from the Huffington Post (at least that part makes sense) which addresses Global Warming. In it, she makes some astounding assertions.
1. The Earth is warming;
2. Human activity plays large role in that warming;
3. Congress can mitigate the risks through legislation.


While each of these is individually disputable, the best part is where the esteemed member of the House of Representatives declares that the first two have been proven. It is always amusing to listen to those who think that if Exxon funds a study it not to be believed, but if the EPA funds a study it is imminently credible. Never mind that the word has already gone out that anyone trying to disprove global warming receives absolutely no funding from the EPA. Why is that? Is it because it would be wasted money? Or is it that it would interrupt the orderly progression to taking over the economy through carbon cap and trade regulations?
I would be interested to know if any of the computer models that are predicting global warming have been tested against historical data. You would think that since we know the temperatures that have existed we could plug in the data and the outcome should be exactly what it is today. Except that no computer model has ever done this. When tried apparently, they generated much warmer temperatures than what we are experiencing. Now why is that? Couldn't be a problem with the model now could it?
But let's destroy our way of life just to do that. That way we will all feel better about ourselves while we freeze.

Tuesday, April 21, 2009

And People Wonder Why I Don't Think the Government Has Our Best Interests

According to this article Billings is rushing to pass red-light cameras before the Legislature outlaws them. What is really interesting is the notion proposed by the Chief of Police to reduce the amount of time that the light stays yellow. From the article:
"Changes in the yellow times after red light camera systems are in place and operational will affect the number of photographed violations, increasing the number of violations...," said St. John in a recent memo. While cutting one second from the yellow light may boost ticket income by 110 percent (according to a 2004 Texas Transportation Institute study), it may also increase crashes by up to 225 percent, according to the same study.

Let's cut down on those people running red lights by having more accidents!

TANSTAAFL

Dave Budge is now posting on Electric City Weblog, (what is it with all the guest posters Greg? Taking a break?) and has a piece about Tea Parties and herding cats that is well worth the read. Dave calls for a new Jefferson or Adams to define what the purposes of the movement should be.
While I am no Jefferson, I might be an Adams, simply because he was such an obnoxious sort, but I think that the first things that we need to do is to try and get a grip on what it is that the Tea Parties are protesting, and where to go from there. The interesting thing about the protests are not the numbers, which compared to other protests are not that impressive, but that the people protesting don’t usually protest. To rouse this group that is not part of the usual rent-a-mob, indicates that there is something unsettling about the direction that the country is headed that has inspired them. As I said below, there is a general consensus that the Tea Party movement is more an action against things, rather than for anything in particular. The contradictions among the various members are ignored for the moment, but this won’t last if the Tea Party is to be more than a one off. At the least, there is a certain unease with the dramatic increase in usurpation of power and authority by the federal government.
The frequent questions by the Left of why now there is a protest, ignores the outrageous growth of interference by the government in all aspects of what had previously been private activities, especially in the last ninety days. And it is not limited to just being against Obama. The problems obviously started with Bush and the bank bailouts. Whether it was necessary or not won’t be determined for quite a while. I am tempted to give Paulson the benefit of the doubt for the moment that some action was necessary. However, the way he went about it, starting with a three page document and using the number of $750 billion simply because he wanted an amount that would make people take the situation seriously does not inspire confidence.
Then General Motors and Chrysler came to Congress for bailouts. The reason that their requests were even listened to had more to do with the electoral counts of Michigan and Ohio than any real economic issues. While much is made of the 250,000 jobs that would be lost if GM or Chrysler were to go under, that ignores the inherent value of the plants, facilities and people that would remain after a bankruptcy. Bankrupting GM would not mean an end to domestic auto production, it would simply change the company in the same way that United Airlines was changed when it went bankrupt. In fact, the cheapest way to save the auto companies is to give the bailout money to the Pension Resolution Trust fund and separate the retirees from the manufacturer’s obligation. It would result in lower costs to the car manufacturers and constrain the growth of the retiree benefits. Instead, the government gave money to a losing proposition that only has delayed the inevitable, while at the same time giving Obama authority over the management decisions of a somewhat private company. No matter how many times I read my copy of the Constitution, I can’t figure any approach that can justify the actions that have been taken.
From there, we had a $787 Billion dollar “stimulus” package, which really was nothing but a spending list that would never have been passed if Congress had exercised due diligence. In fact, there was no diligence at all, with panic being used to force the bill through both houses without debate, or for that matter even comprehension of what was in the bill. Our Congress at work! Sheesh.
Many on the Left seem confused about the idea of protesting what they see as individual benefits from the actions that the government is taking. For instance, the CNN infobabe who wanted to know why the Chicago Tea Party protests ignored the $8 per week in tax cuts that the Obama administration had handed out. Never mind that they weren’t real tax cuts, but reductions in withholding, she along with the Left and most of the major media outlets ignored the latent effects of those actions. The acceleration of debt that has to be repaid by someone is not something to be ignored. Sure, Obama promised tax cuts for 95% of the population while raising it on the top earners. Of course, for about half the country, these are not tax cuts, but tax credits which are not a reduction of taxes paid, but a transfer of wealth. Even assuming you tax the top 5% at 100% of their earnings, there is not enough money there to pay for the debt that he has decided to burden the country with.
Which brings me to the title of this piece. TANSTAAFL is an acronym for There Ain’t No Such Thing As A Free Lunch. Every action that the government takes, even if it is a perceived individual benefit, comes with strings. Take money from the wealthiest and transfer it to the poorest sounds noble. Unfortunately, it ignores what would have been done with the money if it hadn’t been transferred. Short of hiding money in a mattress, wealth has a worth beyond its immediate face value. What do rich people do with their money? They buy things, build things and invest it to make even more wealth. When they do any of these actions, they create demand, which creates jobs, which spreads the wealth around. Couple this with innovation and initiative and the potential for growth increases as someone makes a better, cheaper whatever. I know that this concept has been rejected as “trickle down economics” but if the separation of the differing economic classes was as total as some claimed, the poor and middle class would have been completely immune to this recession. Instead, the fact that everyone is losing money or jobs show that the economy is so intertwined that trickle down does work. But when the government takes the money, there is less wealth created.
For instance, take $100 held in the possession of a wealthy person. Let’s have that person spend it on a widget. That means that there has to be a salesperson, a business and a manufacturing capability for widgets. The purchase stimulates the need for a replacement widget on the shelf for future sales keeping everyone in the system engaged in business.
Take the same $100 and give it to the government. The government cannot just hand it to some deserving poor person. Instead, it has to be logged, accounted for, rules have to be made and enforced to make sure only the right person gets the money. Regulations have to be promulgated, compliance officers will have to ensure that the rules are followed, and the net result is not $100 but more like $80 (and even this might be a best case scenario). So, the difference is a $100 paycheck versus an $80 welfare check for the same amount.
Everything that the government does comes with a cost. Many times, these costs are reasonable, such as the construction of the Interstate Highway system. The costs are spread about fairly and evenly through the gas tax which incurs a heavier burden on high users than it does on those whose only means of transportation is a bicycle, even if they are using the same roads paid for by cars.
With every action that the government does for us or to us, it comes with a cost. Whether increased debt, or reduction in personal liberties. Think that universal health care is a great idea? Sure it is, but what happens when you get it? Do you trade the greedy corporate HMO for the parsimonious accountant from the government that determines that your life is not cost effective enough to save? Why is that better? The almost childlike belief that the government can do a better job of allocating resources has never been shown to work. But just like children waiting for Santa Claus, they know that if they truly believe, that Santa will bring them just what they want.
It’s time for the adults to take control of the government. To assume responsibility needs to be more than a meaningless slogan and a call to action.
Aux Armes Citoyens!

Thursday, April 16, 2009

Hiding the Truth

Remember when John Ashcroft had the statue of Lady Justice draped with a cloth because it showed her bare (stone) breast? The hue and cry from across the land was addressed to the fanatical Christianists who had taken over the administration. Personally, I thought it was a dumb thing for Ashcroft to get involved in, but he did. The resultant media maelstorm helped to reduce his credibility even more.
Now, we have an amazingly similar circumstance but because it was done at the request of "The One" I doubt that it will get the wide play like the Ashcroft kerfluffle.
Not that this sort of double standard makes me angry anymore. Nope, the Left has sold their soul, and have no credibility at all. As a result, they just provide many hours of comedic entertainment.
Even if they don't mean to.

Wednesday, April 15, 2009

Tea Party Review

I left work at 5:30 and thought that I would swing by the Polson Tea Party that was scheduled from 4-6. As I neared the intersection, I saw three people holding signs supporting the Tea Party, and I was disappointed, thinking that they were all that cared. I honked and waved, and started to drive by, when I looked down on the park and saw close to 200 people there. In Polson. On a Wednesday afternoon. With the wind howling off the lake. So I parked when I found a spot and went to join in. Old, young, middle aged, and the future inheritors of our unbelievable debt were there.
Rick Jore was speaking when I got there, and I have to hand it to him, that he knows his Constitutional history. His comments about what is happening to our country were very inspiring, and right in line with my own musings on the subject.
I know that many on the Left are working overtime to try and lessen the significance of the Tea Parties. This is both disappointing, and predictable. The Left, (yes, I know this is a generalization, but it has enough anecdotal evidence to make some hard data) are quite pleased with themselves and their government. The Right is of course in opposition, although it could be argued that the politicians are Johnny Come Latelys to the idea of fiscal responsibility. What is interesting, and important, are the uncommitted middle. This middle is starting to realize that there is going to be a cost to the outrageous spending/borrowing/taxing binge that our "leaders" have embarked upon.
So, why now, why this issue especially after George Bush ran up the debt with Medicare Part D and the TARP I bailouts and their effect on the debt? I was thinking about what the source is and I think that it started last Spring, with the stimulus rebate checks, which may have alleviated the recession somewhat, but only delayed what was coming. Combining the downturn with the unexplained jump in oil prices which triggered the housing finance crisis (a house of cards that was waiting on the puff of wind to destroy it) which was tied to the Credit Default Swaps and the economy was doomed.
Then came Hank Paulson with his emergency that required the TARP funds, with no plan or idea except to throw the equivalent of the deficit at the banks. There still is no real accounting of where the money went to for those funds, and if I remember right, they haven't even spent it all. Then TARP II came along, and the 1000 page pork laden, municipal park buillding, and a mag lev train to take Harry Reid to LA "stimulus" that none of the people who voted for it had even read. Banks were sued under the aegis of community organizers to force them to loan to unqualified borrowers, and then the banks got greedy because some smart people figured out a formula that said they could never lose money. Throw in Freddie Mac and Fannie Mae, with their incestuous relationship with the Democrat Party and Bernie Madoff, and what little trust in our institutions has evaporated.
The cure, according to our friends on the Left, is more of the same. Banks were regulated when they failed, so we need more regulations. Bernie Madoff was supervised by the SEC, but we need more regulations. Medicare loses approximately 15-20% to fraud, and we will solve it by creating a single payer system. And let us not forget about wealth disparity. The Left relies on the mythology that the richest people all unjustly inherited their wealth or stole it from the hard working people below them. Sure, they may find an example or two, just look at where Bill Gates jr. would be if his dad hadn't given him all of his wealth. Or all those people who worked 80-100 hours a week instead of the minimum amounts. They must have been stealing the wealth of those who only put in 40 hours a week when they were off.
What the Tea Party represents more than taxes or spending, is the complete loss of faith in the institutions of this country. What the cure is, I am not sure, but I do know that the government is not going to be the source of the solution. The only thing that is going to restore trust is to remove those who have violated that trust.
We need to return to shaming people when they need it. And there are a whole lot of people who need it right now.

Are You Now, or Have You Ever Been . . .

A Right Wing Extremist? According to Obama's Department of Homeland Security report you might be if you
reject federal authority in favor of state or local authority.
So, those of us who believe in limited government, and the sovereignty of the People over the government are probably included in this number. Throw in the fact that you might be a veteran, and you rise even higher on the threat charts.
Of course, the poor research by DHS means that they probably couldn't find out where we live anyway. One good thing, the Obama administration has finally got up the cajones to call someone a terrorist.
Fear this woman!