Month: November 2009

Federalism–The Series–Part 4–The Powers

Inkwell Institute

Professor’s Classroom

Subject:  Political Theory/American History/Government

You now have a definition of federalism and you have the types and the whys….now do you know what powers the states have under the federalism cloak?

State Government Powers

As the Tenth Amendment clearly states, those powers not delegated to the national government are reserved to the states. However, the Constitution is almost silent on what these powers might be. The only significant state power specifically mentioned by the Constitution is the ability of the states to call for a constitutional convention and to ratify (or reject) proposed amendments to the Constitution.

Many constitutional scholars have assumed that those powers not mentioned at all in the Constitution were intended to be left to the states. The most significant policy area over which state and local governments have exercised almost complete control has been public education. While the national government has provided hundreds of billions of dollars to help pay for the provision of elementary, secondary and higher education, it has, for the most part, left the details of education policy to the states. Additionally, state and local governments are the exclusive providers (or regulators) of public utilities and services such as water, sewage systems, garbage removal and the maintenance of streets. Most of the other powers traditionally exercised by the states are not exclusively state powers, but rather powers that are shared by both national and state governments (see below).

Limits on State Power

The Constitution includes several prohibitions on state behavior. Most notably, states cannot:

  • Make treaties with foreign governments
  • Print or coin their own money
  • Overrule civil judgments (such as divorce settlements) of courts in other states
  • Treat nonresidents differently from residents (except for charging nonresidents more than residents for tuition to attend state colleges and universities)
  • Refuse extradition requests from other states (if someone is charged with a crime in another state, a state must surrender the suspect to the state where the crime was committed)
  • Wage war against other states or nations

Now the powers that the state governments have is known…but there is more….in 1999 Pres. Bill Clinton issued Executive Order #13132 and defined Federalism thusly:

Fundamental Federalism Principles. In formulating and implementing policies that have federalism implications, agencies shall be guided by the following fundamental federalism principles:      (a) Federalism is rooted in the belief that issues that are not national in scope or significance are most appropriately addressed by the level of government closest to the people.
(b) The people of the States created the national government and delegated to it enumerated governmental powers. All other sovereign powers, save those expressly prohibited the States by the Constitution, are reserved to the States or to the people.
(c) The constitutional relationship among sovereign governments, State and national, is inherent in the very structure of the Constitution and is formalized in and protected by the Tenth Amendment to the Constitution.
(d) The people of the States are free, subject only to restrictions in the Constitution itself or in constitutionally authorized Acts of Congress, to define the moral, political, and legal character of their lives.
(e) The Framers recognized that the States possess unique authorities, qualities, and abilities to meet the needs of the people and should function as laboratories of democracy.
(f) The nature of our constitutional system encourages a healthy diversity in the public policies adopted by the people of the several States according to their own conditions, needs, and desires. In the search for enlightened public policy, individual States and communities are free to experiment with a variety of approaches to public issues. One-size-fits-all approaches to public policy problems can inhibit the creation of effective solutions to those problems.
(g) Acts of the national government–whether legislative, executive, or judicial in nature–that exceed the enumerated powers of that government under the Constitution violate the principle of federalism established by the Framers.
(h) Policies of the national government should recognize the responsibility of–and should encourage opportunities for–individuals, families, neighborhoods, local governments, and private associations to achieve their personal, social, and economic objectives through cooperative effort.
(i) The national government should be deferential to the States when taking action that affects the policymaking discretion of the States and should act only with the greatest caution where State or local governments have identified uncertainties regarding the constitutional or statutory authority of the national government.

The Clinton admin wanted to redefine federalism….and they were very successful and his order can be blamed for a lot of the problems that states are feeling in their financial situations.

The executive order is a way around the pesky congressional process…….

Just Say No To Health Reform Bill

There are some on the Left that say NO to the proposed health reform bill and they do have reasons other than the trash that the Repubs try to throw at the public.

The primary problem with HR 3962 and the Senate proposals is that all of the changes they propose are made within a for-profit system. The House Bill strips the insurance companies of the right to deny coverage based on a pre-existing condition. Yet, it de-links the public option from Medicare reimbursement rates, thereby surrendering
pricing to the private sector. The Bill removes the anti-trust exemption enjoyed by private insurers. However, it simultaneously mandates that all Americans carry some form of health insurance, thereby herding millions into low-coverage high-fee private plans. Each step in a positive direction is coupled with a restructuring that will enrich private insurance companies and pharmaceutical makers.

The bills lost further reform credentials as Democrats cut last minute deals with Republicans.  Immigrants were removed from eligibility for the public option, abortions were written out of the proposal and Medicare funding was cut. The Medicare cuts are particularly cruel, since they will reduce an already compromised plan to bare bones coverage. Some of the cuts will limit private insurance profiteering, but others will slash necessary items such as exercise programs for seniors. Overall, these omissions signal that the reforms are not about providing comprehensive medical coverage, but about political expediency within the establishment political class. The next round of negotiations in the Senate is sure to produce even further regressive measures as campaign-donation driven legislators cut more deals.

The Left of the Dem Party was instrumental in the formation of the whole health reform issue and now with a vote coming soon to a Congressman near you….they are starting to show that they do NOT support a watered down bill just to get a win in the column….they want REAL health reform and not some pale imitation of it.

But the bill will go forward and most likely before the end of the year and yes, we will have a health reform bill for the president to sign….but willit be a good bill or just a bill to say they have a win……in my opinion, it will be anything but a good bill….it will be a win and that is the only good thing that can be said about the new health reform bill….

Guys? Keep Your Johnson In A Safe Place

From time to time there comes to my attention a story that should scare the living Hell out of all those people that frequent the “meat markets” in search of the love of a lifetime….this is just such a story……and Damn!  I am so please to be a old guy and not have to worry about this type of stuff….

As many as one in four U.S. teenage girls have had a sexually transmitted disease (STD), many infected soon after their first sexual encounter, a new government report shows.”The high burden of STDs among teen girls reminds us that we can’t ignore this,” said study author Dr. Sami L. Gottlieb, from the division of sexually transmitted disease prevention at the U.S. Centers for Disease and Prevention.

For the study, Gottlieb’s team collected data on 838 teen girls aged 14 to 19. Using samples provided by the teens, the researchers looked for Neisseria gonorrhoeae, Chlamydia trachomatis, Trichomonas vaginalis, herpes simplex virus type 2 and human papillomavirus (HPV).

The study authors found that 24.1 percent of the girls had one of these STDs and among girls who were sexually experienced, 37.7 percent had an STD. HPV was the most common infection (18.3 percent), followed by chlamydia (3.9 percent).

Moreover, in the year after having their first sexual experience and with only one sex partner, 19.2 percent of the teens developed an STD, Gottlieb’s group found.

To counter these problems, teens need to have early sex education, Gottlieb noted. “The vast majority of people have sex for the first time during their teenage years, so we need them to be prepared,” she said.

This study also makes a strong case for routine vaccination against HPV, as it is the most common sexually transmitted infection, Katz said. “Since HPV is often acquired so soon after the initiation of sexual activity, early vaccination is the way to go. I speak on this as the father of two young teenage daughters, both of whom have received the Gardasil vaccine,” he added.

Another report released by the CDC last week provided more statistics.

Teen girls aged 15 to 19 accounted for the largest number (409,531) of the 1.5 million reported chlamydia and gonorrhea cases in the United States in 2008, followed by women aged 20 to 24, according to the annual federal report.

The researchers also found that black females continue to have a higher rate of STDs than any other racial or ethnic group.

Last year, there were about 1.2 million reported cases of chlamydia and nearly 337,000 reported cases of gonorrhea in the United States, according to the report.

Yep…a lot of this type of stuff could be prevented if there were a “real” program of sex ed in schools….but instead most states want to push some damn silly program like abstinence only….which has been a dismal failure from the get go…..so none of the recommendations will be met and the vicious cycles continues….and we have no one to blame but our own stupidity……the time to do something about this lack of knowledge and education is NOW…not after your Johnson falls off and you pee through a plastic tube……

Info Ink Book Review #3

Everyone that knows me knows that I am a political junkie and therefore they think that I am some sort of genius when it comes to political books…..this review is of a book given to me by a friend because he knows of my efforts to disspell some of the hero worship of our Founding Fathers……

Political Incorrect Guide to The Founding Fathers by Brion McClanahan, Ph. D.

First of all this series is published by Regnery Publishing, Inc….a conservative group at best…..

About the author……is a well learned aficionado of  American History and of course he was born in Virginia…..he went to school in South Carolina, Maryland and now lives and writes from Alabama(a side note:  Phenix City Alabama use to be a huge speed trap town that screwed people with traffic tickets)……at best he is a loyal follower of the guys from Virginia who according to these people the sun rose and set on them and with them there would be NO US of A…..a conservative to say the least……

As a Virginian he made ev ery effort to show the anti-federalists in a bright light, people like Jefferson and Lee and Henry and in doing so took the time to try and paint the New Englanders as the elitists (sounds all too familiar these days)….he attempted to show that the Southern planters as the heroes that only wanted the best for the new country (a position which I do not agree with)…..

I will give him his props…..Dr. McClanahan wrote the book in a style that was easily read….it would give the average American could read and understand…..but with a noticeable conservative lean…if readers would read this book and then a book entitled “American Scripture” then they would have a good base to understand the beginnings of the United States of America……there is always more to the story than the flag waving cheerleading….unfortunately, Dr. McClanahan falls into the same BS that all conservatives fall into…..the Virginians saved the Union….

A Con Will Always Be A Con!

There is always someone that is willing to con the American people….Nigeria is full of them….we also have a bunch of home grown con artists at our disposal…..like the instant weight loss pills or the free anything that costs you money like a phone jack….you get the picture…..

After years of demonizing Latinos, both legal and illegal, Lou Dobbs will try to improve his image…..why?…..since leaving CNN he has been feeling the waters out for a possible run for Congress in the future…..as reported on CNN::

Mr. Dobbs, who left the network last week, has said in recent days that he is considering a third-party run for a New Jersey Senate seat in 2012, or possibly for president. Polls show voters unhappy with both parties, and strategists believe Mr. Dobbs could tap populist anger over economy issues just as Ross Perot did in the 1990s.

First, though, Mr. Dobbs is working to repair what a spokesman conceded is a glaring flaw: His reputation for antipathy toward Latino immigrants. In a little-noticed interview Friday, Mr. Dobbs told Spanish-language network Telemundo he now supports a plan to legalize millions of undocumented workers, a stance he long lambasted as an unfair “amnesty.”

Mr. Dobbs couldn’t be reached Tuesday. Spokesman Bob Dilenschneider said Mr. Dobbs draws a distinction between illegal immigrants who have committed crimes since arriving in the U.S. and those who are “living upright, positive and constructive lives” who should be “integrated” into society. He said Mr. Dobbs recognizes the political importance of Latinos and is “smoothing the water and clearing the air.”

After a career as a broadcaster and Internet entrepreneur, Mr. Dobbs turned himself into a populist firebrand, campaigning against labor outsourcing, free trade and immigration.

People……a con is a con…..if he really actually changes his tone it will be a momentary lull until he can get his foot in the Washington circus and then he will return to his Beck-esque BS…it is a CON…..and nothing but a CON!

I Feel Safe With The FBI On The Case!

Daily Agitator

First of all the title is…….. SARCASM!  Second, the FBI has been nothing but a political tool for decades….other than that…there are some stories in the news that deserve a special post….and this one rates that special thing….

We entrust our security as a people and as a nation to many agencies among which is the FBI….in the past I have said that it is a real shame that an agency like the FBI needs TV shows like “Most Wanted” to their jobs for them.  I mean there was one guy that had been on the lame for 20 years and he just got tired and turned himself in.  A cracker jack team of crime fighters.

But now there is a new “threat” out there and the FBI is hard on the trail of this dastardly criminal:

An elderly, grey-haired man known as the Geezer Bandit is suspected of robbing five California banks beginning in the summer.

The man, who is believed to be in his 70s, has been robbing banks at gunpoint in the San Diego area, FBI investigators say.

He most recently held up a Bank of America branch on Monday, demanding cash and then taking off on foot.

FBI spokesperson Darrel Foxworth said the septuagenarian stick-up artist is believed to have robbed four other banks in the county since Aug. 28.

He often wears a hat or cap, and was seen lugging around an oxygen tank during one of his capers.

Police aren’t saying how much money the man has stolen so far.

There is a $16,000 US reward for information that leads to his arrest and conviction.

Okay….re-read it!  The man is OLD and dragging his oxygen tank while committing the robberies…..

Now let us talk about it……if these idiots cannot catch this robber…..how confident are you that they can protect us from terrorists?  I have my doubts……you?

Do They NOT Know They Are Stupid!

That was not a rhetorical question!  Do they, the Repubs, know that they are stupid?  It is a fair question…..I mean from “death panels” to political theatrics……

This post could go on forever…..but for the sake of brevity I will focus on John Boner……oh crap!……my bad!……John Boehner, the Minority leader of the House of Representatives, he has pulled a wealth of boners in his tenure as the Repub leader….the one that stands out is his holding up the Constitution to make a point and then read the DoI…..or his saying that he is receiving more emails against health care reform and a local poll shows that 60% of his district want that reform…..but the best one is that he and his Repub colleagues keep bashing the spending of the Obama admin saying that if they are returned to power they will hold spending down….that they will once again be a party of less government…HA!….they overlook the fact that while they were doing GW’s dirty work they were the party of SPENDING…..but that they have learnbed their lesson….and will be frugal with the taxpayers money…..

I know you ask, what is wrong with that?  Nothing but is it true?

In a country that is reeling from massive unemployment….no consumerism to speak of…..and an economy that will take years to recovery….the Minority leader is showing his leadership is NO fluke…….the Politico is reporting:

The golf events this year sponsored by Boehner’s Freedom Project political action committee have stretched from April until October, from Florida to Ohio. And the minority leader doesn’t hold his events at worn-out municipal courses. The most recent outing was a $20,921.34 event at the plush Robert Trent Jones track in Gainesville, Va., an invitation-only private club that was once also home to the Professional Golfers Association’s President’s Cup.

By all public estimations, House Minority Leader John Boehner (R-Ohio) is a pretty good golfer.

He should be, given the $82,998 his political action committee has spent on golf outings so far this year, according to Federal Election Commission filings.

He , Boehner, has spent more in the three cases than 20% of the population will make as earnings….Does it make sense to preach to the American people and then go out and spend more money that they will make this year?  It shows two things arrogance and a loss of the plight of the American people, especially those ion the district that he represents ….this will come back to bite him in the ass in his next run for office……that is if the people of his district are paying attention or do they really care?

Are not the Repubs the ones saying that Obama is out of touch with Main Street?  Go figure……

While I pick on Boehner, but he is not alone…Repubs have shown an amazing indifference to the people and the truth….

GOP Parties Like Its 2012

Can you hear it?  Listen closely!  There it is the motor of the GOP revving up for the big push in 2012….who will it be?  Who will carry the standard of conservatism into the battle for the presidency?

The GOP is thumping its chest like a sex starved chimp at the wins in New Jersey and Virginia…..they are determined to make that the quintessential (not to be confused with Quintessential Havoc an avid reader…for that I thank you)  indicator that they will take back the White House and the Congress.  And some how they lost in NewYork 23 but they see that as a win in the end…..optimism is a good thing as long as it is not fed by delusion…..

Anyway….enough chit chat….The GOP has a rising number of wannabes for 2012 and I will talk about them endless, but not now….that is for a later post….I know you will be on the edge of your seat in anticipation……

The Chicago Sun-Times has a good look at the field coming:

A year before 2012 campaigning begins in earnest, here’s a look at the moves some are making:

• Palin, the 2008 vice presidential nominee who resigned as governor of Alaska, is starting a national media tour to promote her book, Going Rogue: An American Life. Eager to show her conservative credentials, she recently endorsed grass-roots-backed conservative Doug Hoffman over the GOP-supported candidate in an upstate New York congressional race. Hoffman lost but Palin told conservative activists, “The cause goes on.”

• Pawlenty, a conservative who was on McCain’s vice presidential short list, decided not to run for a third term as governor. He has been building a political operation with Washington-based campaign veterans while working to raise his national profile and taking on Obama. He has tacked even further right recently, including backing Hoffman.

• Romney, former governor of Massachusetts, has kept a lower profile, but he has reappeared at key times to challenge Obama, primarily on economic policy.

• Barbour, Mississippi’s governor and former national GOP chairman, became chairman of the governors group this summer around the time he visited Iowa and New Hampshire.

• Gingrich, the former House speaker from Georgia, has been traveling the country talking up Republican rebirth. He has emerged as a critic of Obama’s health care and economic policy.

• Huckabee, the former Arkansas governor, has been raising his national profile with a Fox News talk show and radio commentaries.

But these are not the only ones that are feeling out the field for a possible run for the roses…..Former Pennsylvania Sen. Rick Santorum has fueled speculation with a visit to Iowa. South Dakota Sen. John Thune and Indiana Rep. Mike Pence also are trying to raise their national profiles.

These are the majors, for now, and it will be interesting to see who will pop out into the lead for the nomination…..

A Thanksgiving Note

Tis the season to be jolly….ah CRAP!….wrong holiday…..

I spend a lot of time reading, ‘riting and ranting…..so on a couple of occasions I take a day of  ZEN….basically to give my brain a much deserved break…….I shall return on Friday…(we were warned)……I sincerely hope everyone has a great day and would like to say thanx to all those readers that participate…it makes all the hours of reading, ‘riting and ranting worthwhile…..

See you guys in the funny papers……Peace…out………

Will The Purges On The Right Continue?

For months now, possibly years, the GOP and the RNC have been moving more and more to the extreme Right….,in 1994 the neocons got to take over Washington and the Congress and it has continued with GW and on to the present…..

The radical right has declared a war on the middle and the liberals of the party…..calling them RINOs, Republicans In Name Only, and in doing so they are purging as many of these people as possible….looking for a more “pure” conservative…..very few of the GOP have come to the defense of the liberals of the Party….the silence is an indication of the fear within the Party….FEAR?…you mean the GOP is playing the “fear card” on itself?….you betcha (he said with a wink)…..

The radical Right jumped into the election in NY-23 and backed a candidate, not the GOP candidate, but rather one that was on the Far Right……Now they are doing the same thing with Crist in Florida, these neocons are backing a far right candidate Rubio…is this the future of GOP politics?…..

Good question and there is an even better answer……..YES IT IS!

Why would I say that?  The RNC has issued a memo with a “purity” test enclosed and it reads like this:

(1) We support smaller government, smaller national debt, lower deficits and lower taxes by opposing bills like Obama’s “stimulus” bill;

(2) We support market-based health care reform and oppose Obama-style government run health care;

(3) We support market-based energy reforms by opposing cap and trade legislation;

(4) We support workers’ right to secret ballot by opposing card check;

(5) We support legal immigration and assimilation into American society by opposing amnesty for illegal immigrants;

(6) We support victory in Iraq and Afghanistan by supporting military-recommended troop surges;

(7) We support containment of Iran and North Korea, particularly effective action to eliminate their nuclear weapons threat;

(8) We support retention of the Defense of Marriage Act;

(9) We support protecting the lives of vulnerable persons by opposing health care rationing and denial of health care and government funding of abortion; and

(10) We support the right to keep and bear arms by opposing government restrictions on gun ownership.

There you have it…if you want the support of the RNC…you must have eight of the 10 on the checklist…..Jeez!  This is all too familiar….the Left did it back in the 50’s, 60’s and 70’s until they were NOT even close in the elections even though they had some good ideas….they marginalized themselves out of relevance……

With members fleeing the GOP like rats from a sinking ship…is this a way to increase and strengthen the Party?  Sounds like wishful thinking….the GOP is steering the ship of conservatism into the rocks……..