America the Right Way-Staying Vigilant! 34 months left Mar. 22-26, 2010[Remember 9-11]

STAND BY! THERE WILL BE AN IMPORTANT COMMENTARY ON THE STATE OF THE UNION POSTED BY A HIGH RANKING OFFICIAL IN THE PENTAGON. BE PREPARED TO GIVE IT YOUR MOST THOUGHTFUL CONSIDERATION.

It is being crafted now and will be posted soon. That is all.

Let me know.....

Sorry, Lysie.

{{{Lysie}}}

so sorry about the loss of your precious furbaby...

Well...

I suppose I should start by saying "welcome, to the United Socialist Amerika." But that would probably understate the current state of affairs.

If you had asked me when I was growing up in the 60s and 70s if I would ever see such a day as now - my response would have been what a lot of us here, and in my home town, might have said: "No way, man, this is America."

But, here we are.

Or, are we.

I would like to spend a while - warning, I will tell you now, this is a long post, so stick with me, please - laying out EXACTLY where we are. What are the constitutional constructs everyone is playing with and MOST IMPORTANTLY, a little "inside baseball" as to what the current legal regime is, and frankly is not.

First - the obvious. The Intolerable Act was passed by the Communists (and that IS what they are - everyone tries to be nice with "statists," "socialists," what not - NO, the word is "Communist"--use it, don't shy from it) on Sunday and signed by the President (you can detest all you want about capitalization, whether the guy is worthy, etc., but he is, detestably, still the President, so I'll stick with formality, but understand that's all it is here)... signed by the President on Tuesday.

First of all - what did he sign? Cutting through all the rhetoric and noise and bluster, what was signed was what we here is the Washington area call an "authorization" bill. Except for six types of taxes, NOTHING has actually changed (with repsect to health care, sorry but the student loan program was Nationalized)...yet. What is still required is the APPROPRITATION bills to ACTUALLY FUND all the new agencies, the IRS agents, the commissions, the new positions in Health and Human Services, and so on. Not a single one of those has, as of yet, been actually funded.

So, it is POSSIBLE (don't go placing a bet on this, sorry--just too many ways to tie appropriation bills to things that are hot buttons such as vet care to hold 41 opponents in the Senate, not with the Maine contingent [they have to go, but that's another thread]) that the bill could be what we call here "shelled". There's authority to do something, but without funding nothing actually occurs. Not believing this can be stopped; but it WILL allow us to keep the issue front and center for more than a bit longer!

Besides, I no longer view that as the clear and present danger.

But I will come back to the Intolerable Act in a moment.

Here's the real threat.

IMMIGRATION REFORM!

That's next. It has to be next. The Communists have no choice.

They are a lot of things, but they are NOT stupid. Do NOT EVER underestimate your enemy (and they are enemies of the State). They REALIZE, yes they do, that they have totally pissed off the country.

But it doesn't matter.

Imagine, just let the mind wander for a moment.

How many illegal aliens do we have? Fifteen million, twenty? Just imagine an amnesty being crammed down our throats come say around July? And what if that amnesty contained a "path to citizenship" that if someone could "document" (and I use the term loosely, after all, we're talking about the crowd who cannot figure out how to ask for a driver's license at the polling place to prove identity...) being in the country for, oh, say, seven (nah, five, oh, what the heck, let's be real sports here, three) years - presto, citizen.

Now, how many does that hit? Ten million, fifteen? And where? Arizona, New Mexico, TEXAS(!)? Maybe some other places--Virginia (not kidding)? You're on your way to neutralizing many blood red states there. And you thought Hoyer was kidding when he smuggly said he didn't worry about losing their majority. That's the scheme folks!

Do NOT kid yourselves - I fully believe they have thought this through. After all, I have - I just wrote it down. I would not have done so if I didn't think our enemy did.

All right, lots of bad news. Any good?

Yes, actually. Quite a bit. That will take longer to play out, I'm afraid. And again, not sure I believe that our enemy hasn't thought this through.

First - back to the Intollerable Act. Some 2,200 pages of stuff BUT the Communists (yes, there is a SMALL sliver of sunlight shining through here, but the Virginia Attorney General FOUND that sunbeam!--so, again, I'm not divulging something that hasn't already been published), unbelievably, FAILED to put any severability clause in there. Yes - 2,200 pages of rules, taxes, new organizations, but not a single severability clause.

For the uninitiated - what is a severability clause and why is that important?

Severability, for legislation, is a clause that allows the court to deem a portion of legislation as void (that is, unconstitutional) without trashing the entire Act.

WITHOUT A SEVERABILITY CLAUSE, IF ANY PORTION OF THE INTOLLERABLE ACT IS FOUND UNCONSTITUTIONAL - EVEN ONE SENTENCE OR WORD - THE ENTIRE ACT IS UNCONSTITUTIONAL!

So - their hubris got the best of them! In this case, they really internalized the notion that the law would stand up to the Courts.

But will it?

I don't share their optimism. And that is not just my opinion - but the opinion of the Virginia Attorney General, as well as many legal scholars, such as from Landmark Legal, Heritage Foundation, and others.

The premise of the Intollerable Act, Constitutionally, is the Commerce Clause as extended by the Elastic ("Necessary and Proper" clause). But WHERE is the commerce?

Here's the logic.

The Intolerable Act requires you to buy insurance, thus commerce exists, therefore it can be regulated.

Once again, but a little different - Since the Congress requried you to engage in commerce, that commerce must be regulated.

Come again? All right - it's true you're not necessarily engaging in commerce today, but Congress will make sure that you are tomorrow, so that commerce of tomorrow will, and must be, regulated today so that we are ready tomorrow.

Ok, I give up. The logic doesn't work.

It cannot. (For a real straightforward lesson in why, pull down the Virginia Attorney General's filing in Richmond District Court from the Virginia AG webpage.)

The reason the logic fails is that an individual simply exists. If the person isn't today engaging in the interstaet commerce act of buying insurance, that person just exists. A benign state - the person is just there. No commerce at all. Yet the Congress is claiming to regulate that person's POTENTIAL commerce! If that's so, then where, exactly, does the police power of the Federal Government end? Exactly - it doesn't. After all - ANYTHING could be POTENTIAL commerce and thus subject regulation. The concept of American states, even the individual, is gone. The concept of a servant Government is destroyed.

That is an affront, an insult to the Constitution. It does severe damage to the concept of limited Government - indeed, it flips our common understanding that we are in charge of the Government and places us as its servants (so much for the 13th Amendment!).

So there is fodder for the Courts to chew on, and seemilngly plenty for an unconstitutional overreach finding on the Congress and President. And if anything in the Intollerable Act is unconstitutional - because of the lack of a severability clause - it's ALL flushed!

But that takes time (I'm back into bad news again, sorry). There are taxes that kick in now. Tanning salons (they think they are only for the rich - well, we rent space to one and we are predicting they will go belly up with this law and we'll be holding vacant store space!), and, most notoriously, the 3.8% surtax on "passive" income when family AGI exceeds $250K/year. Passive includes capital gains - which includes THE SALE OF HOMES (way to help the housing/mortgage crisis!). Hard, very hard, to keep your annual income under $250K per household when that total includes a house sale! This law laid a tax on virtually every home sale that will occur from now on - but you just won't see it on your HUD-1, you'll resolve it on your 1040!

Then there's a curious thing - it's cheaper to not buy insurance (either indivudally or as a company) and pay the fine and wait until you're sick and buy the policy then (remember that "no pre-existing conditions" thingy?). How are insurance companies going to stay in business? Answer - most aren't, but whoever "plays" today you can bet will be the contracting agents when the Government "bails out" the failed insurance industry with the public option (it's coming folks - no choice, unless you forget economics 101!). Basically, the public option will work this way--the Government will contract with two or three big insurance firms to dole out the insurance benefits. That's how the executive branch works (it's also why the stimulus COULD NOT work--the only way the executive branch can spend discretionary budget dollars is through contractors or payroll to civil servents--that's it, that's the only two ways!).

So, bottom line...

The Intollerable Act is law.
The Intollerable Act is very likely unconstitutional.
Six taxes are collectable now.
Virtually all home sales will get taxed.
The insurance industry will be bankrupted.
Single payer to bail out what few insurance firms remain.
But, Federal bureaucracy still needs funding.
MOST IMPORANTLY - Though...

MUST KEEP IMMIGRATION REFORM - VITAL, VITAL, VITAL TO THE DEFENSE OF THE REPUBLIC!!! - FROM HAPPENING. This is the most desparate battle. (I'm NOT convinced one Senator Graham from South Carolina sees this - he must be convinced of the way, the truth, and the light on this!)

Other areas of interest.

Article II, Section 4, US Constitution reads:

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. [Emphasis Added.]

I seem to recall a judgeship being offered to one Congress-critter's brother by the President...

DING - we have a winner! Let's not lose sight of this one folks.

Let's NOT forget that the Founding Fathers (yes, Mr. President, they really are that, not "so called" as you might believe) obviously took bribery seriously enough that it is only one of two, one of two, named offenses for Impeachment in the Constitution. And the Constitution is silent as to direction - so it is safe to presume the Constitution was talking about the engagement of bribery, the actual commission of the act, regardless of whether you are the committer or the receiver. The Constituion is aggravated regardless of which side of the deal you are on, Mr. President.

Let's also not forget the Government has NO AUTHORITY to own anything of value except as it might be for the public good. After all, Amendment V reads in pertinent part:

nor shall private property be taken for public use, without just compensation.

GM is private property. Where's the public use? None. It's unconstitutional. It was done solely by the President - and without legislative authority. He used TARP money - that was for banks.

Sounds like a "high crime." Count two.

The Intollerable Act, how does that square with the equal protection clause of the 14th Amendment (which has been interpretted as necessarily requring the United States to behave as the several states in equal treatment before the law)? Answer - it doesn't. (Yet another constitutional problem for the Intolerable Act, by the way!). But the President signed it anyway. He stated that the Cornhusker Kickback was unacceptable, but he signed it anyway! Sounds like a Constitutional "misdemeanor." Count three.

So, he's a bad boy. What do WE do?

First - there is no longer a Democratic Party in the United States. There are only Communists. Anyone who associates with them is a Communist. They can choose to leave that party - if they don't, they acquiesce. They are then also Communists.

Second - NO, repeat, not a single, Republican should associate him or herself in political discourse with the Communists. THEY have declared open war on the Republic. It must be returned.

Third - we MUST focus on taking back the Legislature, and then the Presidency.

If the above fails - well, I don't want to talk about that now. (I TRULY hope I'm wrong on where things might head after 2012 if the Communists haven't been sacked.)

To quote Sir Winston Churchill: This is not the end. It is not even the beginning of the end. It might, quite possibly, just be the end of the beginning.

And that is where our hope lies.

Because, whatever else the Communist enemy might come to believe, he must understand this: We will fight in every town, every village, every corner. He must not reckon on our surrender anywhere, because we will not. We will work tirelessly and endeavor whatever we may to break his will.

We will not tire, we will not falter - AND WE MUST NOT FAIL!

This is America. There is no where else to go.

Wow! Thank you for your spot-on analysis. You have summed up the situation as it is, given us a glimmer of hope, and focused our energies on what we must now do. Excellent.

Everyone: please see Chairman’s post in #145 above.

Thank God for you, dear Chairman_December_19th_Society!

I am saving your post right now.

Thank God for you too, Jemian and for your alert.
It sure caught my attention and I was stand-by.

As I said a few days ago, each one of us contributes and when one is absent, we all feel the loss. Thank you, again, Chair, for your commentary and you, Onyx, for your encouragement to me.

We will not falter, we will not fall, we MUST NOT FAIL!

BUMP!

We fight on. We’re Americans. This is our Republic.

We will keep it!

I did not realize it wasn’t even funded. Very good catch and the Severalbility clause.

I am soooo sorry to hear that you lost your pup today. I truly believe that taking care of animals makes us more human. Haven’t had a pet since my pet rabbit, Coco, in the 90s, who was litter-trained and everything...need a bigger place if I want to get a dog...;-))

Hey Chair!!!

Not sure we needed all of the words, but the one thing I do know is that you are needed in this movement NOW!!!! Get your behind back to ATRW stat!!!!

(Or, at least, let us know what is going on with you every now and then, would be nice ;-))

Concur with everything you said, esp. Imigration Watch...;-))

Would be nice if you were around here more...;-))

Allright, let's get into it, now that the battle is joined...

Michelle Obama was what? A lawyer in Chicago. In fact, she, thought she was a lawyer who didn't get the cases she thought she should. So why did she get this big, 300,000 a year job doing what??? At a hospital?

Now, am I to expect that Michelle Obama was a) an expert at hospital protool; b) an expert on affirmative action (probably right) or c) the wife of a State Senator who could cause all kinds of $$$ to rain down on the said hospital????

I think this is the Post-Investigative President -- nobody wants to hear about how bad he is...;-))

I am reading story after story about this ammendment or that parliamentary rule are being debated in the House (I think). But, since the Senate and the House both affirmed the same bill and since Caligula signed it, what is it that they are debating? Isn't it right now the law of the land? What are they doing?

Just ... hello.

found it -—on the floor of the taxi 1!!

good to see you. Thank you for your input & hope that things are going well for the chair family!

YIPPEE! THAT IS SUCH GOOD NEWS.

Having to replace one is such a nightmare of paperwork. I’m glad you didn’t have to do that.

I learned that the Narita airport has “day beds” for those of us on a red-eye and w/ a long lay-over. That will be a life-saver.

This photo was planned by a man in Great Britain who sent his camera in the air 22 miles. There is a thread on the news side w/more about these amazing photos. In making his device, he used duct tape.