Nom de plume: Rivrdog

Eric Holder remembered Day One of Constitutional Law 101

...and for that, we should thank the Attorney General.

Thank you, sir.

Marbury vs. Madison, which even this poor scholar has read, was all about defining the role of the Supreme Court, and it's majority opinion was a firm statement of the enumerated power of that Court.

Now, why didn't President Obama remember Marbury vs. Madison before he opened his yap last week? I'm sure he had to have taken the same course, and by most accounts, he was a bright law student with a good memory.

Could our President have deliberately ignored Marbury vs. Madison in order to inflame his under-educated "base" to step up their ignorant screeching in support of the soon-to-be-declared-Unconstitutional Health Care Reform Act? Would a REAL Constitutional scholar have swtooped that low? Would a REAL Constitutional Scholar have put his USAG into the position of having to hold out his knuckles for the Fifth Circuit to smack them with their ruler of law?

Is this President worth re-electing with this and all his other FUBARs?

We ask the questions, you decide the answers, dear readers.

Genocide by Malaria?

Fifty years ago, Rachel Carson wrote "Silent Spring", the book which claimed that the widespread use of DDT was going to eliminate all the songbirds from the Earth (and eagles and all other birds). The world believed her, and followed her suggestion, which was to ban the manufacture and use of the chemical almost everywhere.

The problem was, that with the then-widespread use of DDT and long-range aircraft to spray it with, we had just about eliminated the most deadly pest in the world fifty years ago, the malaria-carrying mosquito. Once the ban went into place, the mosquito rebounded rapidly, and since then, untold millions of tropical-world residents have died of malaria, borne almost exclusively by the mosquito, with most of the victims being babies and children.

Now, if any one person, under any other circumstances at all, could be directly linked to the killing of millions of innocent babies and children, the entire civilized world (and most of the less-civilized world as well) would howl for their head.

To my knowledge, no one ever linked Rachel Carson to this form of intentional genocide.

Why not?

Answer below the fold...

The Fourth Amendment lives!

In a scant two weeks, statism has been dealt two sharp kicks to it's collective groin by the Fourth Amendment, which is apparently still alive, thanks to the SCOTUS and the US District Court in Eugene, OR.

The SCOTUS case, the Supremes ruled, unanimously, that the police may not attach a GPS (Global Positioning Satellite) tracker to a suspect's vehicle without first obtaining a warrant.

In the Eugene, OR case, the civil jury empaneled to hear the civil damages case of an arrested enviro-nut returned a verdict in favor of the enviro (but not much money damages, the lawyer got almost all of those), but more importantly, the jury found that the arresting officer had improperly seized the video camera of the protester, which the protester had used to record the initiation of the arrest sequence. The video probably didn't survive the concrete face-plant which ended the arrest sequence, but we don't get to see it, so we don't know.

There are two victories here for the Fourth Amendment, which says that no unreasonable search or seizure may be made, and that persons arrested may expect that warrants will be obtained before seizures of property.

This second case may be one of a less-then-brilliant cop underperforming the standards set by everyone, including his own Department. There IS an Oregon law on "intercepting communications", and it DOES say that both parties of a recorded conversation must agree to be recorded, but there are some exceptions. Being a cop is not, by itself, one of those exceptions.

The other thing the arresting officer could have done is make sure the prisoner's property was protected. The prisoner has a right to expect that. The video camera should have been carefully handled, and after the arrest, during the 5 hours the prisoner remained in jail prior to bailing out, it would have been easy for the officer to consult with a District Attorney, make a case to the DA that he needed a search warrant to examine the recordings of the camera for evidence of his arrest contained thereon (there should have been some such evidence), get the warrant and keep the camera when the suspect made bail, issuing a proper evidence receipt for it to the bailed-out suspect.

The arresting officer did NOT follow that extremely standard procedure which is taught at the Oregon Police Academy, and his penalty for not following it is to lose his case.

The counterculture's vast unwashed street mobs will now fire up an extra spliff or two in celebration, or drain a short dog of Maddog, but they really ought not to celebrate so much. It is the Constitution of the producers which the SCOTUS and the Judge in Eugene have protected, and in the Eugene case, the Judge was simply pointing out some sloppy police work. If I'm a Sheriff or a Chief of Police, I don't lose any sleep over this, I simply call in my Training Division people and remind them to highlight the procedures on treating evidence properly when next they give my officers an update on court decisions, and I might blast a memo to everyone on that advice in meanwhile.

I'm going to celebrate myself, because the Statists have just been told, twice now, that they must encourage their police officers to actually USE the smarts they were supposedly hired with and for. I'm not cheering for the enviro-nuts. They didn't win a thing here, and they ought to remind themselves that while MY Constitution protects their right to assemble and call for the destruction of MY society, that when they actually take STEPS to destroy that society, they WILL be opposed, and that wrapping themselves in that Constitution at that point does not make them bulletproof.

Whack-a-mole

If you go to Chuck-e-Cheese's, or whatever is the awful pizza and game arcade place in your burg, you'll usually find a full-size game of Whack-a-Mole that you can play. You can work up quite a lather swinging that mallet at those mole-heads which keep popping out of those holes.

The game is meant to not have any satisfying ending, unless your own sweat and body odor counts as a plus. Oh, I suppose you get points for mole-heads struck, and if you get enough points, a free game token, but it's not like you can win the game.

Life imitates games. In our case today, the Democratic Party has brought up a game of political whack-a-mole, and those tokens have been rolling into their slots (coffers) since summer, and those GOP mole-heads have just kept popping up to be whacked back down by the (D)onks and their willing partners on the Left, the MSM.

I blame the GOP for this stupid game, not the Democrats. It's the GOP who puts their candidates through this sort of idiocy, and it's the GOP who could put and end to the game, pull the plug on it, tomorrow, if they wanted to.

If you just got off the slow shuttle from Planet Zargon, having missed the first part of the election cycle, the game works like this: there are almost weekly "debates", held by the MSM and other orgs for the GOP candidates. After each one of these "debates" (not really debates, they are just talking-point exchanges, with no winner ever declared, just assumed), a "poll" is taken, almost always resulting in a new "front-runner" from among the 8 or so candidates. When that "front-runner" (the new "Mole") is announced, the MSM opens a salvo of light artillery, followed by the heavy artillery of the Obama war-machine. That's the "whack" in the Whack-a-Mole game. The Mole-du-jour is struck on the head, falls back down into the hole, and a new "poll" a few days later begins to show that "mole" slipping backwards in the polling. Then, another "debate" is held....and the cycle starts all over again.

Who gains what from the Game? Obama gains the most, his machine showing, time after time, that the GOP doesn't have its shit in one sock, to use an old military expression. Obama also gains from the Stupid Party being in the spotlight instead of him, since he can't stand close scruitiny. The "Mole-head" candidates get some increased exposure, brief as it may be, which usually boosts their campaign donations, but only for a brief time. The MSM gains almost as much as Obama, showing once again that their assumption of Kingmaker status is closer to the truth than not.

Let's be frank: much as we hate to think of it, the MSM, with all their apparatus for lying to us in place, is fully capable of steering this election to Obama, despite his sagging poll numbers. Therefore, if the GOP has it's head screwed on straight, it would see the MSM as it's main enemy, not Obama, and it would properly conclude that its main job as a political party is to prevent the MSM from being Kingmaker (again).

The GOP will never control the MSM, so they give up zero future gain by cutting the MSM off at the pass, to use a term that any Reagan-esque cowboys left in the GOP could understand. There's nothing to gain for the GOP in any of the MSM's propaganda apparat. In no measure would the MSM ever support a GOP political goal, at least not before claiming that they invented that goal first.

To fight the MSM properly (and thereby win the election), the GOP must make a point of denying "news" sources and political fodder to them.

That means that the GOP must leave the game parlor, having cut the cord that plugs in and powers the Whack-a-Mole game.

Yes, politics is really just that simple.

Teh ghey sportz?

I had no clue that there were gay sports leagues. This article about a falling out between one gay team and it's league Commission, is an eye-opener not just about sportz fever, but about the working of the fanatical gay mind.

Read the article, then come back and tell me that this sports league does not constitute a religious cult and nothing more, if you can. While your're at it, answer the question this brings up of why gay sportspeople don't think that they can compete with heteros in established leagues, but have to have their own leagues.

This is the proof we have sought for years that "special rights" are not Constitutional, but, when enshrined in the Constitution by mistaken Courts, make a laughingstock of the idea that we are a Nation of Laws under our Constitution, for when Law is invoked to enshrine ANY religion in the Constitution, the Constitution is dead and gone, and should be replaced.

I'm sworn to protect the Constitution, but this particular conflict between flavors of the sexually obscure, masquerading as protected classes, give me pause to reflect on my oath.

The Founders did not write this Constitution we have now, that being the Constitution I am sworn to protect with my life.

Does my oath then still bind me, if the Constitution has changed beneath the oath?

Or, am I free to assume I am not still bound, and may support conflict to end the travesty that is our present Constitution and restore it to it's former tone and former strength?

Win list for the GOP

The GOP needs to adopt a "win list", a list of positions that will resonate with voters, especially the Uncommitted Middle voters.

The list can be started by saying what shouldn't be on it.

Not a word on abortion, unless it says abortion is not preferred as a birth control choice, because all further codification of anti-abortion dogma fails the Establishment Clause. This has nothing to do with Roe v. Wade, it is all about the intent of the Founders to NOT allow ANY establishment of religion in Federal law.

Not a word on any gummint debt solution, unless it is a plan for a set-aside to pay down the debt.

Not a word on any environmental issue, period, unless it is about de-regulating the energy industry as to new sources and supplies of energy.

OK, what goes ON the list?

• Dump the TSA, in all it's missions. On January 20, 2013, the TSA ceases to exist. Period. End of discussion. Any further airport protection will be at the discretion of the States, and will be done by the National Guard of the States. The Feds may compensate the States via support of those National Guards. TSA personnel will be offered enlistment in the US military, depending on their age and qualification for such service.   
• Dump the BATFE. All of it's missions cross over into other agencies, anyway.
• Dump the policing powers of every Federal agency that isn't the FBI, GSA Police or US Marshal's Service. Period. They're done. The above three agencies can handle the required Federal missions. The Feds do not need any policing authority for NOAA or the IRS, just to name two with present missions. The States can handle everything that begins as a State crime, they used to, and can resume that responsibility. Federal Park Rangers might be armed for proper defense, but they don't need to be "tactical" with a policing plan.
• Dump Obamacare. Gone, finished. Finito.
• A new definition of "marriage" goes on the list. "Marriage" should be defined according to the civil responsibilities of domestic partners ONLY. There is NO religious aspect of marriage that the Feds may properly "bless", and that means that the Feds may NOT define "marriage" except under those civil terms, except that marriage may only be between humans.
• Support for the Constitution, including mandating total knowledge of it as a condition of high school graduation, if the diploma is to be accepted beyond a State's borders. No concept of a "living constitution" may be taught in any educational institution which receives any Federal dollars, the subject may ONLY be taught by having students LEARN the document, in it's original (and ONLY) context.
• Support of the Bill of Rights, including a new Oath for Congress to make no law, etc, and such Oath be strictly interpreted, with de-certification of any Member of Congress who dares propose or support legislation that denies any part of the Bill of Rights. This concept would REQUIRE the de-funding of any improper Federal agency or program.

The list might get bigger, but it would be MY choice for a start on a 2012 Platform. Some items under further consideration:

• Possibly dumping the Federal Reserve. The Mint can handle the currency supply, and the House of Representatives can set up everything else with the Secretary of the Treasury.
• Possibly offering a change to the Constitution dumping the lifetime Federal appointments of Federal Judges. There is no reason that they should not stand for election in terms, with term limitations, or even maybe use the Missouri system for choosing the judiciary.
• Congressional Term Limits. This is a tricky subject, as the liberal Judiciary (the "living constitution one) seems to think that term limits are a violation of Free Speech guaranteed under the 1A. I'm not persuaded that anyone but the PEOPLE have Free Speech rights. Institutions don't have it, as I see the Founders creating the balance of powers concept.

OK, have at my list. You know you want to. Bandwidth is on me, so if you want to support your argument with documents, be my guest.

Breaking Flea Party News

...the Portland Flea Party was gifted by a do-gooder group, "Sunshine Pantry", with a small truckload of food yesterday. That made the evening news lead on KATU, the ABC affiliate here.

Now, it turns out that quite a few folks are unhappy with that move. BTW, I was one of the ones who emailed the lady who runs that food bank. Ironically, that food bank is supported by many of those in Portland's Jewish diaspora. Ironic because some feel that Jewish Bankers are the root of all evil in the 1% clan.

Sic Semper Ignorati.

H/T to Easy Ed, out in Iggle Crik. Put that Harley away for the Winter, Ed, I don't want to have to visit you in the hospital.

If walls could talk...

Oh wait! Some do. Facebook walls, that is...

Mel has a nice short rant from a Facebook Wall.

I might have to get a FB account if I keep hearing of such wisdom writ large upon those walls.

More Glow-Bull Warming alarmism

...firmly debunked.

Fox News points out the latest faux-pas by the glow-bull warming alarmists...this time it's the Greenland Ice Cap, which some yo-yo, neither a glaciologist or climatologist, said had lost 15% of it's volume in the past 12 years. "New satellite data" was given as the reason for the revision of the ice-loss rate. Make that misinterpretation of satellite data.

The actual loss is zero point one percent (0.1%) of the ice volume, probably slow rate not a fast one, considering that the Greenland Ice Cap is a left-over from the last Ice Age, which ended 13,000 years ago when normal-rate warming back to the mean planetary temperature regime started up again.

It would be easy to laugh off this sort of alarmism, if it weren't for the fact that it is being taught as fact to our children and grandchildren in our public school system, so that they will grow up thinking that Man is ruining the planet.

Do you want to get to the truth in the Glow-Bull Warming controversy? If so, learn Russian. The Russians are the only great power which takes climate study seriously, with a passion for the facts and not for the hype of the Left, which has completely hijacked climate science to use as a tool for wealth redistribution in the Socialist style.

"Never Forget"

You'll see that a lot today, and you should.

It's incomplete though, and incomplete deliberately.

While most of the so-called "leaders" of this Nation, some elected to posts of temporal authority, some poseurs who seized moral authority, will mouth the words, "Never Forget" today, you'll never get them to say what is on their mind, that we should give up the battle against Islam.

Here's what "Never Forget" means to me:

I'll never forget that it was a twisted religious creed that drove the attacks on 9-11-01, and many before it and since.

I'll never forget that while our fine fighting men and women have killed these twisted believers in the tens of thousands, we have never even planned to kill their "religious" leaders, so we will never win this contest.

I'll never forget how quickly after 9-11 OUR "leaders" steered us away from blaming the extremist "religious" leaders of that that most foul creed, Islam. Yes, I also won't forget that many of Islam's adherents would never take up the sword to force conversions to their belief, but I also haven't forgotten that such a "moderate" majority of Islam's followers STILL REFUSES to cleanse their "peaceful" creed of the extremists.

I've not forgotten, so I must continue to fight Islam as I can, in MY time and place.

How are YOU fighting Islam today?