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Constitution Tag

Happy Constitutions Day! Today marks the day our illustrious government contract was signed and later adopted, effectively nullifying the Articles of Confederation. To wish our Constitution a proper happy birthday, here's Senator Cruz:

No one will ever accuse Mark Levin of not getting to the point. The top-tier national radio host has several best selling books, including The Liberty Amendments, which I reviewed in 2013. Levin described his project as follows:
"I undertook this project not because I believe the Constitution, as originally structured, is outdated and outmoded, thereby requiring modernization through amendments, but because of the opposite — that is, the necessity and urgency of restoring constitutional republicanism and preserving the civil society from the growing authoritarianism of a federal Leviathon. This is not doomsaying or fearmongering but an acknowledgment of facgt. The Statists have been successful in their century-long march to disfigure and mangle the constitutional order and undo the social compact."
If The Liberty Amendments framed one answer, Plunder and Deceit clarifies and documents the problem. The problem is a problem Levin has been focused on for years -- Progressive Plunder. In this audio addressing teachers' unions opposition to Scott Walker's public sector union reforms, Levin is blunt: "It's plunder! Plunder! That's what progressivism is." Like I said, Levin doesn't waste time. The very first sentence of Plunder and Deceit asks:
Can we simultaneously love our children but betray their generation and generations yet born?
Mark Levin Plunder and Deceit opening sentence In that seemingly simple question, Levin hits on the essence of what is happening to our country.

A New York State Judge recently denied an attempt by a group acting for Tommy the Chimp to obtain habeas corpus relief. (Full embed at bottom of post.) But in so denying relief, the judge predicted possible future change citing the U.S. Supreme Court's decision in the same-sex marriage case. #Seriously. Now we have covered the slippery slope as much as anyone in the area of polygamy and polyamorous clusters, including in light of the recent Supreme Court ruling on same-sex marriage: But there's the slippery slope, and then there's this slippery slope as reported by Slate: https://twitter.com/Slate/status/627600511492063232 Don't worry, it's not as bad as the tweet makes it sound, depending on what the definition of "bad" is:

On July 4, 2015, 22 year-old Lane Pittman decided to take his electric guitar and play the Star Spangled Banner on the street outside his friend's house in Neptune Beach, near Jacksonville. Pittman says that after a police officer asked him to stop, he asked if it was okay to play on the sidewalk, and was told that was okay. And play he did:
"I don't think I ever played that song as good in my life as I did on that day. It felt right. It was an emotional roller coaster."
The crowd topped 200 people, spilling onto the street around him: Then Pittman was, to his surprise, arrested for breaching the peace:

The Obama administration thinks it outsmarted opponents of the Iran deal by running to the U.N. Security Council for international approval before Congress's review period even started. It was a typical Obama F-U to his domestic opponents. Since Congress now needs a super-majority to block the deal, the outcome is uncertain. The Obama team is going all out to pressure Democrats to pledge their loyalty to Obama above all else. Loyalty to Obama is likely to win, though it's possible Congress will grow some backbone before it comes to a vote. Obama even is complaining about Israel Lobby money (hint, hint), while John Kerry for the umpteenth time makes implied threats against Israel. Kerry even is on a trip to the Middle East conspicuously not visiting Israel. Meanwhile, the Ahyatollah and his minions are laughing at Obama, Kerry and the U.S. Not just laughing, mocking and gloating, all the while renewing their vows of death to the U.S. and Israel. Since the federal goverment appears hapless and hopeless, is there anything the states can do to stop this deal? Obama Iran Nuke Deal Announcement Joel Pollak at Breitbart.com was the first, that I'm aware of, to advance a theory of how states can play a crucial role. A reader forwarded the post to me last week while I was in crazyland San Diego, SURPRISE! THE STATES CAN REJECT THE IRAN DEAL:

A group called Disarm NYPD plans to celebrate the 4th of July with an July 1 event featuring the burning of American flags. It started as an event to burn the Confederate Flag. But other groups around the country turned such events into burning both the Confederate and American flags, so the Disarm NYPD group changed the name of the event, as announced on a Facebook Event page:
We changed the name of this event to "Burn the American Flag." We did this for several reasons, all of which are hopefully obvious, and should ring true to everyone with a conscious. The Confederate flag has long been a symbol of white supremacy, slavery, and Jim Crow. However, the Confederacy lost the war the American flag has unceasingly, from the first day it was ever hung, represented the exact same thing.

There's a simple explanation for why civil asset forfeiture laws are coming under fire---they ruin lives. Not in the way a hefty speeding ticket or 7 am-on-the-dot tow "ruins lives," but in a real, "my life savings are gone and I don't know how I'm going to pay for my next meal" kind of way. Take Philadelphia, for example. From 2002 to 2012, the City of Philadelphia raked in $64 million in forfeiture funds. Licensed marijuana growers in Michigan have had their homes, property, and assets seized, contributing to a 10 year, $250 million payout to law enforcement. New Mexico took in $4 million in one year based on single sniff tests by drug dogs. The kicker? Much of what is seized by law enforcement is held without any evidence that the property owner has committed a crime. Last year, 24 year-old Charles Clark became just one more victim of a system that benefits law enforcement at the expense of everyday citizens. He lost $11,000 after officials decided that carrying cash in an airport should be treated as a crime---even though there's nothing unlawful about it. The Institute for Justice has the details:

It's often said that the Second Amendment makes all the others possible. Let's take a step back. The Second Amendment is good, I'll admit.  But as readers know, the Third Amendment is just as -- if not more -- important:
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
What's more, what good is the First Amendment if a soldier is quartered at your desk while you try to blog? So I was glad to see Prof. Glenn Reynolds highlight a symposium at U. Tennessee Law School on the Third Amendment:

(This post is just an excuse to gloat over the Patriots' victory, but please read on, there's a point here someplace.) Has there ever been a more exciting Super Bowl final quarter than the one we saw during the Patriots' latest win? First, there was the improbable, amazing, super-stupendous "what the **** just happened" catch to put the Seahawks on the verge of victory: Then, there was Bill Belichek playing mind games with Pete Carroll by not calling a time out, which caused "the call" and "the interception":

This day in 1919 was irrefutably one of the darkest days in American history -- the day the 18th amendment to the Constitution was ratified, making Prohibition the law of the land. Forever the hallmark of nanny-statism run amok, Prohibition was a progressive dream come true -- an amendment to the Constitution that limited freedoms rather than securing them. Interestingly enough, the 16th amendment paved the way for the 18th amendment. With the income tax in place, the federal government was no longer reliant upon taxes from alcohol producers. In his documentary Prohibition (which I highly recommend), Ken Burns explains:

John Boehner gave a speech today that I could have written for him about Obama's lawless immigration actions. The speech hit all the right notes in connection with passage of a House funding bill for the Department of Homeland Security which blocks using funds for Obama's executive immigration plan. That plan, devised by the White House, unilaterally creates a new class of people effectively exempt from being penalized for immigration violations by inventing a process to obtain legal status found nowhere in the immigration laws. It is not executive or prosecutorial discretion as to better implementing current law---it is a rejection of current law.

Back in August, the City of Philadelphia made headlines after their police department was busted using asset forfeiture procedures to pad city coffers. Now, officers in Michigan are under fire for targeting private citizens for forfeiture---without ever accusing those people of a crime. Southwest Michigan residents and medical marijuana license holders Wally Kowalski and Thomas Williams both had their property ransacked and assets seized by officers over a year ago; neither men have been charged with a crime, but the police departments refuse to return their cash or belongings.
Kowalski has a license to grow and distribute medical pot to several low-income people who depend on the drug. He grows the plants in a garden area enclosed by a barbed wire fence. But whether or not Kowalski had a legal right to grow mattered little to the state police, who seized his power generator—even though it had nothing to do with his marijuana plants—and some expensive equipment. They also destroyed the plants. ... The police froze his accounts, rendering him unable to make payments on his student loans or other bills. And he could no longer complete the immigration process for his wife, a resident of Africa. ... Thomas Williams, another southwest Michigan resident, suffered a similar ordeal. His medical marijuana activities prompted police to ransack his property while they left him handcuffed for 10 hours. The cops took his car, phone, TV, and cash. Afterward, he had no means of getting to the grocery store or even contacting another human being for days. Like Kowalski, he hasn't been charged with a crime.
Fun fact: police officers ransacked Kowalski's house for what we can only assume is evidence of his participation in a high-power midwestern drug cartel---but they didn't confiscate his marijuana license.

Thanks to many for making this Thanksgiving so meaningful. This is not an exhaustive list, but it's a good start:
  • The Wife. We celebrated our 30th wedding anniversary earlier this year.
  • The Kids. Three great ones.
  • Health, and Mandy's recovery.
  • The U.S. of A. Still the place to be.
  • The Constitution and Bill of Rights. Beats any alternative I've seen.
  • Those who defend us against enemies, foreign and domestic.
  • Israel. The canary in freedom's coal mine.
  • The Readers. Seriously. Not joking.
  • The Authors, past and present. You helped build that.
  • The blogs and websites that link to us. The continued kindness of strangers is appreciated.
  • Fellow Ithaca conservatives, all ten of you.
  • The hope that the part of the human spirit that yearns to be free can prevail over evil, in Iran and elsewhere. (video h/t Caroline Glick)(original here)

Wow. It's not often that I can say it but this new video from the GOP is really powerful. Whoever made this video deserves a promotion. The ad uses an audio track of Hillary Clinton criticizing George W. Bush's so-called "imperial presidency." Via the Washington Free Beacon:
An Imperial Presidency A new video released by the GOP on Friday calls out former Democratic presidential hopeful Hillary Clinton for her hypocrisy on the issue of executive action. In 2008, Clinton said the George W. Bush administration was transforming the executive branch into an “imperial presidency.” In 2014, Clinton said she supported President Obama’s decision to grant citizenship to more than four million illegal immigrants. Clinton unknowingly provided the narration for the GOP’s newest video. “Unfortunately our current president does not seem to understand the basic character of the office he holds,” Clinton said of Bush in April 2008. “Rather than faithfully execute the laws, he has rewritten them through signing statements, ignored them through secret legal opinions, undermined them by elevating ideology over facts. Rather than defending the constitution, he has defied its principles and traditions.”
Check it out:
“This administration’s unbridled ambition to transform the executive into an imperial presidency in an attempt to strengthen the office has weakened our nation.”
But that was then. This is now:

One of the most frequent questions I get is "How can we stop Obama from ...." The ellipses reflects that there are a variety of issues on which people want Obama stopped. The answer to most of those questions is, as Obama himself suggested, to go out and win some elections. And that is exactly what just happened earlier this month. In what appropriately could be termed a legal insurrection, voters around the country rejected the Party of Obama and his policies. So much so that Republicans in the House have a historic majority even beyond what the 2010 wave brought in, and Republicans regained control of the Senate by a comfortable margin. That will go a long way towards stopping Obama, but only if Obama respects the boundaries of his constitutional power. By tradition, a President respects the constitutional powers of the other branches of government, although there always is tension. When that respect is breached, there is precious little constitutional enforcement power. Congress can write laws, but it cannot execute those laws; for that Congress depends on the Executive Branch, which is given some level of enforcement discretion since no legislation can be so specific as to delineate who does what and when. Similarly, the Courts are loathe to get involved in refereeing political disputes between Congress and the President, and there even are questions as to whether Congress has "standing" to sue to demand enforcement. The Supreme Court has no army, other than the public expectation that its decisions will be respected. On the flip side, Congress has no power, for example, to conduct its own foreign policy, appoint its own ambassadors and operate its own embassies. The bonds that keep our constitutional system working are not through the barrel of a gun, but through the core good faith of each branch respecting constitutional boundaries.