A friend with a Harvard law degree and a Columbia Ph.D. in the dismal science forwarded me this XPostFactoid link. With all of the horrific things going on with Democratic Party's destruction of health care and freedom, it is easy to overlook other issues. According to XPostFactoid McCain and Lieberman have put forward a bill called "The Enemy Belligerent Interrogation, Detention and Prosecution Act of 2010", which would effectively repeal a wide range of constitutional rights, to include habeas corpus and the presumption of innocence. Based on my brief review the bill does not exclude American citizens from its definition of "belligerent". Hence, any American citizen could be defined as a belligerent unless I am missing something. According to XPostFacto:
>The bill authorizes the President to establish an 'interagency team' to make a 'preliminary determination of the status' of an individual 'suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities.' That team will determine whether the suspect shall be accorded a preliminary designation as a 'high value detainee' (a.k.a. 'unprivileged enemy belligerent' -- the bill makes no coherent distinction between these terms). A final status determination is to be made by the Attorney General and Secretary of Defense; the President can only weigh in if these two disagree. Incredibly, the entire procedure from capture to final status determination is to be completed within 48 hours.
"The provision that removes all discretionary limits to this secret determination of status is in the Criteria for Designation of Individuals as High-Value Detainees. That section creates an initial impression that such "determinations" are subject to the rule of law by laying out specific criteria...But the final criterion (E) zooms to infinity: it is simply "Such other matters as the President considers appropriate...
"Thus any individual, whether a foreign national or a U.S. citizen, can be designated an 'unprivileged enemy belligerent,' forever denied access to civilian courts and subjected to indefinite detention 'without criminal charge and without trial for the duration of hostilities against the United States or its coalition partners' -- that is, forever -- on the basis of such other matters as the President considers appropriate..."
The definition of "unprivileged enemy belligerent" in the bill is as follows:
>UNPRIVILEGED ENEMY BELLIGERENT.—
The term ‘‘unprivileged enemy belligerent’’ means an individual (other than a privileged belligerent) who (A) has engaged in hostilities against the United States or its coalition partners; (B) has purposely and materially supported hostilities against the United States or its coalition partners; or C) was a part of al Qaeda at the time of capture.
Although the bill appears to refer to legitimate terrorists, it could be applied, at the president's discretion, to any US citizen, for instance, anyone who opposes health reform. For example, President Obama could say that anyone opposing health reform is materially supporting hostilities against the United States.
To avoid such a problem, the bill must be limited to non-citizens and illegal resident combatants. Any citizen or legal resident must be given due process. This would limit the authority of the president to military issues, which is appropriate.
It irritates me that I have in the past contributed to both McCain and Lieberman and they now propose a bill that permits the president to rescind citizens' basic legal rights. That is the approach used in China and Cuba. The threat of terrorism, while an important security concern, does not justify repeal of citizens' constitutional rights. At the same time, the president must have the authority to combat foreign terrorists or invaders. This can be accomplished by limiting the president's authority to combat foreign terrorists or invaders to foreigners and illegal residents.
Otherwise, XPostFacto's concerns are legitimate. The bill would open Pandora's box that much wider.
Wednesday, March 10, 2010
Paterson Calls for Cuts (Yay!)
Cindy Johansen just forwarded this e-mail from Governor Paterson. Every New York City newspaper is calling for his resignation. But he is saying things that are almost reasonable. I very much doubt that either of the Republicrat candidates will call for cuts, even teensie weensie ones like Paterson is proposing. With Republicrats like Edward F. Cox and Andrew Cuomo we can count on an ever expanding Waste Mountain in Albany. My chief complaint about Paterson is that the cuts are way too small. There should be a 40% cut in Medicaid, 30% cut in education administration and a 15% across the board cut in state government operations. All "development" spending should be shut down because it does nothing. There should be a moratorium on state construction, repeal of the Wicks law, and review of salary structures of all construction work. Agencies doing construction should be consolidated. All health spending should be reviewed and programs adopted after 1990 terminated, especially those that have been created to institute make work for the Service Employees International Union.
>I have put forward a proposal that includes serious cuts across every area of State government. I am proposing $500 million in cuts to State Agencies, on top of the $1.5 billion in savings we have already achieved at State Agencies over the last two years. That is a total of $2 billion in savings from State Agencies. My proposal also includes a $1.1 billion year-to-year cut to school aid, and a nearly $1 billion cut to base health care spending – because these two areas of spending make up more than 50 percent of our State’s budget.
>Nobody wants to make the cuts that I have proposed – least of all me. I have already had to come up with spending reductions and new revenues to close $33 billion of deficits over the last two years. When we close the current-year deficit, I will have had to close more than $42 billion in total deficits, due to the weak economy.
>I know that many of my proposals are tough to swallow. They are tough, but they are necessary. Other states continue to struggle with the costs of delayed action – some have even had to cut their school week to four days. While I am always open to discussion and to compromise, I will not allow our State to go down that road. We must act responsibly to close our deficit. The fact is that any dollar that we do not cut from education or from health care must be matched by another dollar cut from somewhere else or raised by some other tax.
>We cannot spend what we do not have. Families across New York understand that. It is time that Albany gets with the program. State government needs to live within its means. The revenues that supported decades of overspending are gone. The mistakes of the past – squandering surpluses, papering over deficits, relying on irresponsible fiscal gimmicks to finance unsustainable spending increases – have led us to a financial breaking point.
>I have put forward a proposal that includes serious cuts across every area of State government. I am proposing $500 million in cuts to State Agencies, on top of the $1.5 billion in savings we have already achieved at State Agencies over the last two years. That is a total of $2 billion in savings from State Agencies. My proposal also includes a $1.1 billion year-to-year cut to school aid, and a nearly $1 billion cut to base health care spending – because these two areas of spending make up more than 50 percent of our State’s budget.
>Nobody wants to make the cuts that I have proposed – least of all me. I have already had to come up with spending reductions and new revenues to close $33 billion of deficits over the last two years. When we close the current-year deficit, I will have had to close more than $42 billion in total deficits, due to the weak economy.
>I know that many of my proposals are tough to swallow. They are tough, but they are necessary. Other states continue to struggle with the costs of delayed action – some have even had to cut their school week to four days. While I am always open to discussion and to compromise, I will not allow our State to go down that road. We must act responsibly to close our deficit. The fact is that any dollar that we do not cut from education or from health care must be matched by another dollar cut from somewhere else or raised by some other tax.
>We cannot spend what we do not have. Families across New York understand that. It is time that Albany gets with the program. State government needs to live within its means. The revenues that supported decades of overspending are gone. The mistakes of the past – squandering surpluses, papering over deficits, relying on irresponsible fiscal gimmicks to finance unsustainable spending increases – have led us to a financial breaking point.
Tuesday, March 9, 2010
Scientific News: New Element Discovered
This was posted anonymously on the Republican Liberty Caucus Yahoo! group list:
>Oxford University researchers have discovered the heaviest element yet known to science. The new element, Governmentium (symbol=Gv), has one neutron, 25 assistant neutrons, 88 deputy neutrons and 198 assistant deputy neutrons, giving it an atomic mass of 312.
These 312 particles are held together by forces called morons, which are surrounded by vast quantities of lepton-like particles called pillocks. Since Governmentium has no electrons, it is inert. However, it can be detected, because it impedes every reaction with which it comes into contact.
A tiny amount of Governmentium can cause a reaction that would normally take less than a second, to take from 4 days to 4 years to complete. Governmentium has a normal half-life of 2 to 6 years. It does not decay, but instead undergoes a reorganisation in which a portion of the assistant neutrons and deputy neutrons exchange places.
In fact, Governmentium's mass will actually increase over time, since each reorganisation will cause more morons to become neutrons, forming isodopes. This characteristic of moron promotion leads some scientists to believe that Governmentium is formed whenever morons reach a critical concentration. This hypothetical quantity is referred to as a critical morass. When catalysed with money, Governmentium becomes Administratium (symbol=Ad), an element that radiates just as much energy as Governmentium, since it has half as many pillocks but twice as many morons.
>Oxford University researchers have discovered the heaviest element yet known to science. The new element, Governmentium (symbol=Gv), has one neutron, 25 assistant neutrons, 88 deputy neutrons and 198 assistant deputy neutrons, giving it an atomic mass of 312.
These 312 particles are held together by forces called morons, which are surrounded by vast quantities of lepton-like particles called pillocks. Since Governmentium has no electrons, it is inert. However, it can be detected, because it impedes every reaction with which it comes into contact.
A tiny amount of Governmentium can cause a reaction that would normally take less than a second, to take from 4 days to 4 years to complete. Governmentium has a normal half-life of 2 to 6 years. It does not decay, but instead undergoes a reorganisation in which a portion of the assistant neutrons and deputy neutrons exchange places.
In fact, Governmentium's mass will actually increase over time, since each reorganisation will cause more morons to become neutrons, forming isodopes. This characteristic of moron promotion leads some scientists to believe that Governmentium is formed whenever morons reach a critical concentration. This hypothetical quantity is referred to as a critical morass. When catalysed with money, Governmentium becomes Administratium (symbol=Ad), an element that radiates just as much energy as Governmentium, since it has half as many pillocks but twice as many morons.
Kingston/Rhinebeck Tea Party Meeting a Triumph
Tom Santopietro and his board of directors are doing an excellent job on the Kingston/Rhinebeck Tea Party. The group met for its regular monthly meeting on the second Monday of each month. About 50 people attended. The group is planning several protests and bus trips to Washington, including an April 15 tax day protest.
Don Wise for State Assembly
The highlight of the evening was a talk by a conservative Republican State Assembly candidate, Don Wise. Mr. Wise owns a successful construction firm, Apex Building. He says that he has seen the Ulster-and-Dutchess County economy crumble under the Democratic Party policies of Assemblyman Kevin Cahill. Mr. Cahill claims to have brought jobs to the county economy and someone shouted "Erie County!" I added "Broward County!"
According to a local Democratic Party newspaper, the Kingston Freeman, Wise ran for Town Supervisor in the Town of Ulster three years ago, for State Assembly in the 1980s, and for County legislature. Naturally, when the Democrats report on Republicans they look for ways to slander them, and the articles in the Freeman are no exception.
Mr. Wise is articulate, intelligent and thoughtful. He presents a positive image. Mr. Wise aims to freeze state spending and eliminate waste in fields like education. After the meeting I questioned him as to why he does not advocate cuts in state government. He says that he is still formulating his aims. Kevin Cahill, the incumbent, is in contrast a big government advocate.
A nurse at the meeting who works in a local hospital told me privately that about one half of Medicaid spending in New York is pure waste, and that the percentage of waste in New York's Medicaid system is greater than in other Democratic Party- dominated states. In 2006, according to this source, Medicaid amounted to 23% of spending in the average state budget. According to a 2005 New York Times article, Medicaid abuse in New York is in the billions. The Times does not discuss systemic waste such as the transfer of personal assets in order to obtain Medicaid funding for long term care. According to the Citizens' Budget Commission:
"New York has the highest Medicaid spending among the 50 states, accounting for 15 percent of the national total, although it covers only 8 percent of beneficiaries.
"By comparison, California accounts for 11 percent of national spending while covering 18 percent of the beneficiaries. New York’s cost per person enrolled in the program, program, $7,912 annually, is 75 percent higher than the national average of $4,484, and nearly three times the California average of $2,770."
That was written near the end of the Pataki (R-NY) administration in 2006. In other words, Pataki had held office for 12 years and those facts were true at the end of the 12 years. Has the two party system enabled the voters to choose?
In addition to Medicaid, there is massive waste in state operations. The Department of Social Services not only provides welfare, the Department is itself a welfare program for non-working state employees. All of the agencies massively overspend and over-employ.
We might rename New York "The Emperor Has No Clothes and It's All Waste" state. I wish Mr. Wise all success in his election bid, but with the Democratic Party's strong local propaganda-and-lying machine led by the Kingston Freeman, it will be an uphill battle.
Other Business
Tom Santopietro, the president of the Kingston/Rhinebeck Tea Party, defended Glenn Beck against unnamed attacks (I wonder who the attacker might be) but emphasized that the Tea Party is non-partisan. Tom mentioned that he objects to the GOP's use of the Tea Party name, which it has been doing unethically in some western states. Tom also mentioned that he was frustrated with Sarah Palin but still supports her to a degree.
I raised my hand at three different points and suggested that the Tea Party (a) focus exclusively on state and local candidates and issues (of course, as Chris Johansen mentioned in the car, big issues like Obamacare and cap and trade need to be included); (b) establish an ongoing state legislative bill monitoring process whereby Tea Party members might be alerted to bills about which to contact the state legislature; and (c) that I personally do not think that there is a single national politician, Republican or Democratic, who is fit to be president because they are all tainted by the same special interests that inspired the 2008 bailout. In other words, there is no small government candidate in either party.
Someone in the audience raised his hand and said angrily that he blogs for the American Thinker blog and that he does not trust any organization any more, including the Tea Party. He questioned Mr. Santopietro as to why there is no formal platform. I raised my hand and offered to help Mr. Santopietro put together a platform and offered to include the gentleman who raised the point on the platform committee. A similar proposal was discussed when I attended in January, I recall. No action has been taken.
Concluding Thoughts
The group is inexperienced but is making important progress. Tea Parties around the country need to support local candidates and avoid national ones. National politics is irrelevant at this point because the federal system is corrupt. It will need to be overturned as it has already failed. In place of the current system a more decentralized one with greater emphasis on states' rights (as in the Tenth Amendment) and reduced federal power would be better. Before the Constitution there were the Articles of Confederation. The nation needs to return to its roots. The fact is that about 30 states have a larger population than the entire nation did in 1783, approximately three million. The national population is too large to support a federal democracy. Powers currently granted the federal government, including constitutional interpretation, social security, medicare, labor law, most business regulation (except for unavoidable issues such as true interstate commerce) and monetary policy should be downloaded to regional or state governments. If New York favors massive inflation, for example, that should not force other states to subsist under inflation.
Don Wise for State Assembly
The highlight of the evening was a talk by a conservative Republican State Assembly candidate, Don Wise. Mr. Wise owns a successful construction firm, Apex Building. He says that he has seen the Ulster-and-Dutchess County economy crumble under the Democratic Party policies of Assemblyman Kevin Cahill. Mr. Cahill claims to have brought jobs to the county economy and someone shouted "Erie County!" I added "Broward County!"
According to a local Democratic Party newspaper, the Kingston Freeman, Wise ran for Town Supervisor in the Town of Ulster three years ago, for State Assembly in the 1980s, and for County legislature. Naturally, when the Democrats report on Republicans they look for ways to slander them, and the articles in the Freeman are no exception.
Mr. Wise is articulate, intelligent and thoughtful. He presents a positive image. Mr. Wise aims to freeze state spending and eliminate waste in fields like education. After the meeting I questioned him as to why he does not advocate cuts in state government. He says that he is still formulating his aims. Kevin Cahill, the incumbent, is in contrast a big government advocate.
A nurse at the meeting who works in a local hospital told me privately that about one half of Medicaid spending in New York is pure waste, and that the percentage of waste in New York's Medicaid system is greater than in other Democratic Party- dominated states. In 2006, according to this source, Medicaid amounted to 23% of spending in the average state budget. According to a 2005 New York Times article, Medicaid abuse in New York is in the billions. The Times does not discuss systemic waste such as the transfer of personal assets in order to obtain Medicaid funding for long term care. According to the Citizens' Budget Commission:
"New York has the highest Medicaid spending among the 50 states, accounting for 15 percent of the national total, although it covers only 8 percent of beneficiaries.
"By comparison, California accounts for 11 percent of national spending while covering 18 percent of the beneficiaries. New York’s cost per person enrolled in the program, program, $7,912 annually, is 75 percent higher than the national average of $4,484, and nearly three times the California average of $2,770."
That was written near the end of the Pataki (R-NY) administration in 2006. In other words, Pataki had held office for 12 years and those facts were true at the end of the 12 years. Has the two party system enabled the voters to choose?
In addition to Medicaid, there is massive waste in state operations. The Department of Social Services not only provides welfare, the Department is itself a welfare program for non-working state employees. All of the agencies massively overspend and over-employ.
We might rename New York "The Emperor Has No Clothes and It's All Waste" state. I wish Mr. Wise all success in his election bid, but with the Democratic Party's strong local propaganda-and-lying machine led by the Kingston Freeman, it will be an uphill battle.
Other Business
Tom Santopietro, the president of the Kingston/Rhinebeck Tea Party, defended Glenn Beck against unnamed attacks (I wonder who the attacker might be) but emphasized that the Tea Party is non-partisan. Tom mentioned that he objects to the GOP's use of the Tea Party name, which it has been doing unethically in some western states. Tom also mentioned that he was frustrated with Sarah Palin but still supports her to a degree.
I raised my hand at three different points and suggested that the Tea Party (a) focus exclusively on state and local candidates and issues (of course, as Chris Johansen mentioned in the car, big issues like Obamacare and cap and trade need to be included); (b) establish an ongoing state legislative bill monitoring process whereby Tea Party members might be alerted to bills about which to contact the state legislature; and (c) that I personally do not think that there is a single national politician, Republican or Democratic, who is fit to be president because they are all tainted by the same special interests that inspired the 2008 bailout. In other words, there is no small government candidate in either party.
Someone in the audience raised his hand and said angrily that he blogs for the American Thinker blog and that he does not trust any organization any more, including the Tea Party. He questioned Mr. Santopietro as to why there is no formal platform. I raised my hand and offered to help Mr. Santopietro put together a platform and offered to include the gentleman who raised the point on the platform committee. A similar proposal was discussed when I attended in January, I recall. No action has been taken.
Concluding Thoughts
The group is inexperienced but is making important progress. Tea Parties around the country need to support local candidates and avoid national ones. National politics is irrelevant at this point because the federal system is corrupt. It will need to be overturned as it has already failed. In place of the current system a more decentralized one with greater emphasis on states' rights (as in the Tenth Amendment) and reduced federal power would be better. Before the Constitution there were the Articles of Confederation. The nation needs to return to its roots. The fact is that about 30 states have a larger population than the entire nation did in 1783, approximately three million. The national population is too large to support a federal democracy. Powers currently granted the federal government, including constitutional interpretation, social security, medicare, labor law, most business regulation (except for unavoidable issues such as true interstate commerce) and monetary policy should be downloaded to regional or state governments. If New York favors massive inflation, for example, that should not force other states to subsist under inflation.
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