Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘law’

… Voter I.D. is Moving in Ohio [#voter fraud]…

Posted by paulfromwloh on Wednesday,November 30th,2016

.. unfortunately , it will not be in time for this fall ‘ s elections …

.. the state legislature is taking up another election reform bill . Especially since the GOP will still be in control , and Jon Husted [GOP SecState] will likely be the chief elections officer , the legislature does not have to double – time the issue …

.. [h/t —]..
.. [link] to the blog post …

.. the question will likely brought up again in the new edition of the legislature that will take office in January . Kasich will still be around [having been easily re – elected], so getting the bill thru will not be a problem . Setting it up for the early voting period will get interesting , though , to see how they require documentation to be submitted …

.. it will hit me . I have a driver ‘ s license , a state i.d. , and a US passport . It is plenty enough documentation for what will be required …

— [update]– hopefully , it will move in the post – election special session . it is possible , but it is not likely ….

.. a much more likely possibility is that the new legislature will take it up . Amazingly enough , the drubbing that the DemoCraps took at the polls on November 4th , 2014 had the predictable result — the Dems lost even more seats in the legislature , if that were possible . now the Dems are down to only 34 Dems in the State House , and 9 in the State Senate …

.. what that will allow is a provision of the Ohio Constitution , one that allows the Legislature to adopt a bill with a 3/5ths majority . It is usually done to adopt and pass a bill as an emergency [in a big hurry] . In this case , it is not needed . This provision is used to block any possible initiative or referendum that could possibly be mounted by interest groups to try to repeal the bill .  With a 3/5ths vote , un – uh … that move is not allowed …

.. expect a court fight (again) over this one . The NAALCP and the ACLU will go hyper – spastic over it . Knowing the ObamaCraps are still around , the Holder Department of InJustice will probably stick its nose in on their behalf …

.. someone should remind them … by a solid [7 to 2] precedent in Indiana [under the Voting Rights Act] , Voter ID has been found kopasetic by the US Supreme Court , so , enough already …

Posted in accountability, personal opinion, rule of law | Tagged: , , , , , | Leave a Comment »

… I Wonder [#JASTA]…

Posted by paulfromwloh on Monday,October 3rd,2016

.. if JASTA [Justice Against State Sponsors of Terrorism Act] is such a great idea ? ..

.. given our litigious environment , allowing another form of lawsuit is not a great idea . Our country has become notorious for the legal form of warfare , or lawfare . Are you sure that you want to unleash these sharks on a foreign nation ? ..

.. [h/t —]..
.. [link] to the blog post ..

.. the obvious interests are national security and the national interest . We need to protect our nation ‘ s interests , and our nation ‘ s security in this day and age is absolutely critical . The biggest problem is retaliation by another nation ..

.. that potential for retaliation is not limited to the Saudis . Any other nation could pull this stunt , and prosecute legal action in their courts against our interests …

Posted in personal opinion | Tagged: , , , , , , , , | Leave a Comment »

… What I Think : Executive Amnesty [#Presidential Acts]…

Posted by paulfromwloh on Friday,August 26th,2016

.. before , I referred to the Presidential act to eliminate the legal liability ..

.. this post is something else …

.. this adds on to what POTUS is proposing to do with his ” Executive Amnesty ” plan …

.. [h/t —]..
.. [link] to the blog post …

.. what POTUS is proposing to do , in addition to eliminating the legal liability of an individual illegal immigrant , is 1000% illegal and unconstitutional …

.. why ?? ..

.. [-] there is no authorization in the law for the programs that he has created [such as D.A.C.A.] , or others that he wants to create …

.. [-] any funds handled by the government are by definition , federal funds . It does not matter whether they are gathered and collected by taxes or fees …

.. [-] in addition , those fees are also not authorized by law , either …

.. [-] Presidents have explicit and implicit authority in the Constitution . Beyond those powers , however , their powers are extremely limited . Their job is to carry out the laws ” faithfully ” that are passed by Congress and signed by him / her …

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… This Time the Government Got Caught [#sue and settle racket]…

Posted by paulfromwloh on Tuesday,August 23rd,2016

.. yeah , you heard it right .

.. it is fiendishly simple . The US government (currently in the thrall of the radical left) is sued by a so – called friendly interest group . Normally , the Government is required to go thru public comment and evaluation periods before enacting a regulation . Not with this . The ” sue and settle ” technique allows the government to circumvent this process . As a result , they get their desired result under the table , and enrich their interest group friends in the process …

.. [h/t —]..
.. [link] to the article …

.. Neat , huh ?! ..

.. it is unethical , and , I believe , illegal . now thatit is out in the open , it is either useless , or is open to legal challenge , and to destruction …

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… So What is the Fuss [#NC][#HB2]…

Posted by paulfromwloh on Thursday,July 14th,2016

.. NC Gov Pat McCrory is the former Mayor of Charlotte . He knows his hometown very , very well . So when the Charlotte City Council decided to wild on gay and lesbian rights , the NC legislature stepped in and shut things down ..

.. and how !! ..

.. the solution is HB2 . It is really not that complicated or difficult to understand . It does some simple things …

.. [h/t —]..
.. [link] to the blog post ..

.. first , it standardizes gay and lesbian rights in state law . The cities and counties cannot play around with their own laws , as the city of Charlotte had done . The law is uniform throughout the state of N.C. ..

.. second , it allows , in law , transgenders to change their gender indentity on their birth certificate , once they have completed [w. a doctor ‘ s certification] the transgender process . Once its done , then o.k.

.. third , it does not allow transgenders to utilize public facilities [such as public johns and changing facilities] that they identify with their new gender . Charlotte had passed a law to allow this . HB # 2 overturns it .. The rest , see # 2 ..

.. it is tht simple ..

Posted in personal opinion | Tagged: , , , , , , , , , , , , , , , , | Leave a Comment »

… The F.D.A. is Going to Have a Problem with This [#ECig][#FDA][#regulation]…

Posted by paulfromwloh on Wednesday,May 11th,2016

.. yes , the F.D.A. [the Food and Drug Administration] has gained a lot of power . They would still like to have more . In particular , they want to make a powergrab about ecigarettes and ecigars ..

.. they are going to have a slight problem . Both cigarettes and e – cigs are nicotine delivery devices . That is not the basis , though , of the F.D.A. ‘s ability to regulate the latter . They have a different basis ..

.. Tobacco …. oops !! ..

.. [h/t —]..
.. [link] to the blog post ..

.. so the F.D.A. is going to face strong legal challenge in court over this power grab . These dummies have forgot one fundamental truth in U.S. government : A US Government agency may not regulate something without the legal authority to do so ..

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… What is It with Judge Merrick Garland ?? [#judicial activist]…

Posted by paulfromwloh on Monday,March 21st,2016

.. he is a fine lawyer , a top graduate of Harvard Law School ..

.. he was an excellent prosecutor , leading the team that went after Timothy McVeigh and the Oklahoma City bombing case ..

.. he has been a decent judge and appeals court judge ..

.. but ..

.. [h/t —]..
.. [link] to the blog post ..

.. he is a judicial activist . Yes , that is a serious problem ..

.. Yes , he is not as bad a nominee as POTUS could have chosen . There are radical nuts out there , ones such as Patricia Merritt and Goodwin Liu , that POTUS might have chosen . There is also good reason why POTUS did not choose them — they would not have had a whisp of a prayer of getting a hearing , much less getting confirmed to SCOTUS . So POTUS did not nominate them . He went with someone safer , like Garland ..

.. but Garland is still a judicial activist . A moderate , yes , but still a judicial activist by definition . POTUS has poisoned the federal bench enough with these radical activists . it will take months , if not years of impeachment trails and convictions to remove them all . So do allow this guy on the court ..

Posted in judgement (moral), judicial activism, legal theory, personal opinion, stupidity (legal) | Tagged: , , , , , , , , , , | Leave a Comment »

… The Iran Nuclear Sanctions are an Act of Congress [#a law]…

Posted by paulfromwloh on Tuesday,March 15th,2016

.. so , His Lordship has only limited to no authority to waive them …

.. many areas of foreign policy are the exclusive province of the POTUS . Congress does have some role , but it is circumscribed pretty heavily by the Constitution ..

.. [h/t —]..
.. [link] to the news article …

.. in this case , Congress has acted . It has enacted economic sanctions against Iran into law . There is normally a little bit of wiggle room for POTUS to waive those sanctions . That power is usually written into the law . Otherwise , no , it cannot be done …

.. So , if POTUS wants to reduce or eliminate the Iran sanctions , forget it . There is no moral or political support in Congress for the move . He might get some maneuvering room , but not much else other than that …

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… Doesn’t Main InJustice ever Learn [#new gun restrictions]…

Posted by paulfromwloh on Monday,December 7th,2015

.. well , it seems that Main InJustice and the ObamaCraps are at it again …

.. they are coming up with a group of new gun restrictions . Yea , ones such as ones targeted against those convicted of misdemeanor convictions . In particular , they want to target those convicted of domestic violence . Also , they want to target those that are accused of being mentally ill .. It figures …

.. [h/t —]..
.. [link] to the blog post ..

.. if these changes were passed into law as part of a a bill , then there would be a fair bit more legitimacy to them . They might be challenged in court , but that these items were laws , and not regulations , would give them legitimacy . However , they are not > THEY ARE REGULATIONS < BECAUSE THERE IS NOt a chance in hell that the ObamaCraps could get these items passed through Congress in the current climate . In particular , the lack of trust in POTUS and his minions is greatly contributing to the atmosphere of distrust between Congress and the White House …

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… You Have to Be Kidding [#sham marriage suit in Oregon]…

Posted by paulfromwloh on Monday,October 6th,2014

.. yet , here it is …

.. having to deal with a radical activist AG in Oregon is bad enough .

.. in a case in an Appeals Circuit [the 9th Circuit] that is the very worst for radical activism in the U.S. is even worse . This circuit was the home base for the pro – so – called gay marriage case Hollingsworth v Perry , right out of California …

.. [h/t —]..
.. [link] to the case documents …

.. but active collusion betwee the parties ?? … come on ??? …

.. it is clear from the documentation that the National Organization of Marriage has got the State and the opposing parties dead to rights . They were caught in the act of active and open collusion before , during , and after the court case . Even during the appeallate phase …

.. it is clear that this case should be vacated and reversed . It will be brought again , without doubt . However , the private parties should be allowed to fight it out . The state of Oregon should be ordered to stay out of it , and should be severely sanctioned for its misconduct …

Posted in body of law, legal opinion, legal question, legal strategy, personal opinion | Tagged: , , , , , , , | Leave a Comment »

… Jonathan Turley — on Halbig …

Posted by paulfromwloh on Friday,September 5th,2014

.. the Halbig case is an important court case , now at the D.C. Court of Appeals …

.. what Halbig does is to seek to enforce ObamaCrapCare , as it is written . No , not as it has been rewritten by His Lordship and his cronies …

.. [h/t — theRightScoop]..
.. [link] to the interview …

.. Professor Jonathan Turley [Georgetown Law] was interviewed on the Kelly File the other night . He felt that it was clear that the ruling in Halbig made it clear that the stupidity that is ObamaCrapCare could well collapse of its own weight , courtesy of its absurdities …

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… Secure the Damn Border [#National Security]…

Posted by paulfromwloh on Thursday,July 31st,2014

.. yes , it is a national necessity .

.. and His Lordship is not to be trusted ..

.. under normal circumstances , one could reasonably conceive of an immigration bill . Any administration might play some political games , and pull and / or stretch the lines , some , but they know that there is a line that they cannot cross . Right now , the ObamaCraps act as if there is no controlling legal authority , none at all . That sends one hell of a loud message , one that travels in many directions . It also causes a great many problems , and greatly hurts our body politic …

.. right now , POTUS cannot be trusted to enforce the law . He will enforce the parts that he wants , redraw the parts that he desires , and make changes without consulting Congress . That is not how our system of government and laws are supposed to work . Each side , even if they do not like the other , needs to have a certain baseline level of trust in each other . At the moment . Congress does not trust POTUS to do his job ..

.. I think that even the Dems on both sides of Crapitol Hill do not trust POTUS . They do not believe that he has their back …

.. private citizens should not have to be in fear for their property or their lives when they live under threat of violence or worse from the damn coyotes . These coyotes are up to no good …

.. [h/t ––]..
.. [link] to the news report ..

.. it helps to have a lawful Administration , one that you know is working to protect the nation . Right now , we do not have that , and the coyotes know it . Until we do , this problem will continue unabated …

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… Extending the Risk Corridors [ObamaCrapCare] …

Posted by paulfromwloh on Monday,February 24th,2014

.. this one is the insurer bailout provision ,folks .

.. it seems that His Lordship wants to extend it beyond 2016 …

.. with what controlling legal authority one might ask . The risk corridors program expires at the end of 2016 . So that is that …. or with this crowd , is it ? …

.. from HotAir [Allahpundit] …

White House weighing plan to extend ObamaCare’s “risk corridor,” i.e. bailout, program beyond 2016?

posted at 4:41 pm on February 18, 2014 by Allahpundit

The program’s supposed to be transitional, sunsetting in 2016 after the new exchanges have had a few years to launch and then stabilize.

Emphasis on “supposed to be.”

Industry insiders told the Washington Examiner a plan to extend the Affordable Care Act’s “risk corridors” are under discussion, but that administration officials have not made a final decision…

The Obama Administration is now weighing a plan to grant an additional three-year extension for non-complaint plans on the individual market. Such a move would prevent millions of people from losing their policies in the critical weeks and months before the 2014 election.

But it would also allow people on the individual market to keep non-compliant plans beyond the risk corridor’s 2016 expiration date, leaving health insurance companies serving the exchange vulnerable to financial losses as the more healthy customers continue to stay out of the exchanges.

Health insurance companies are looking for something in exchange for the three-year extension, which will make it much harder for them to sign up healthier and younger customers. Extending the risk corridor program is part of that conversation with the White House, industry sources said.

Remember back in November when Obama was eating truckloads of crap for breaking his “if you like your plan” promise? His solution was to let insurers “un-cancel” canceled plans — but lost in the hubbub at the time was the fact that he said he’d allow it for just one year. The obvious problem with that timeline is that it means this issue will bubble up again this fall, just in time for the midterms. New solution, then: Quietly allow insurers to keep un-canceled plans in effect past the midterms, for another three years. That’s how Obama just “solved” his little electoral problem with the employer mandate, isn’t it? Three-year extensions across the board, to minimize the damage to Democrats from his pet boondoggle in November. The problem is, because the old un-canceled plans are typically cheaper than expensive new “comprehensive” ObamaCare exchange plans, the extension means insurers are suddenly looking at less revenue than they counted on all the way through 2017. That’s where the “risk corridors” come in. Assuming the Examiner’s report is true, the White House is going to make this worth the industry’s while by extending the timeline for the bailout program too. Any losses they suffer in 2017 would, presumably, be partly offset by Uncle Sam even though the “risk corridor” is supposed to have terminated by then. Your tax dollars will buy insurers’ complicity in yet another illegal extension.

Bob Laszewski kinda sorta saw this coming, by the way. Last month he published a post arguing that, for all its faults, ObamaCare won’t cause a death spiral in the insurance industry anytime soon. The reason: The “risk corridor” program. Since Uncle Sam’s on the hook for any heavy losses in the industry, insurers are under no immediate pressure to raise premiums, the potential trigger of a death spiral. They can keep premiums artificially low — at least for a few years, until the “risk corridor” sunsets. Laszewski figured insurers would give the White House one more chance next year to get their act together on implementation and to start signing up the uninsured en masse; if they failed, he said, he expected companies to start parachuting out of the exchanges in 2016 before the “risk corridor” program expires. Which is to say, it’s very much in the White House’s interest to keep the program in effect, if it can, to keep insurers from abandoning the exchanges, especially if HHS has reason to think the risk pools they’re projecting will be less young and healthy than they had hoped. (And they do have such a reason at the moment.) The last thing Democrats need in a presidential election year is “Insurers give up on ObamaCare” headlines. Promise them some more sugar and you can avoid that. Maybe.

It seems naive at this point to ask whether the White House could extend the “risk corridor” unilaterally or whether that would be illegal. If they want to do it, they’ll do it regardless. O’s theory in issuing periodic delays or extensions for ObamaCare’s provisions is that, during the law’s transitional phase, he has some latitude legally to tweak implementation to make it go more smoothly. Extending the “risk corridors” past 2016, though, would mean the “transitional” phase had lasted past the end of his own presidency. It’s dubious, but it’s also in character. Here’s a question, though: Why would insurers leak this info now, when Marco Rubio’s trying to build support within the GOP for a bill to repeal the “risk corridor” program? He’s had little luck getting it on the leadership’s radar but his luck could change now that rumors are swirling that the bailout provisions might be extended into 2017 and beyond. The recent CBO numbers that found that the “risk corridor” could actually make money for taxpayers is a problem for the GOP, but (a) CBO’s numbers can be challenged and (b) CBO assumed that the “risk corridor” would be gone by 2016. Even if O decides to unilaterally extend the program, a new Republican Senate next year could join forces with some red-state Dems and Boehner’s House majority to repeal it, forcing Obama to either acquiesce in the repeal or to veto it and be seen as singlehandedly defending indefinite bailouts for insurers. Very strange that insurance industry sources, who stand to benefit, would be blabbing about this now.

… from the Washington Examiner [Susan Ferrechio] …

Obamacare changes may include extension of risk corridors

 Susan Ferrechio                             | FEBRUARY 17, 2014 AT 5:18 AM

The Obama Administration may extend beyond 2016 a federal reimbursement program for health insurance companies that lose money by participating in the newly created health care exchanges.

Industry insiders told the Washington Examiner a plan to extend the Affordable Care Act’s “risk corridors” are under discussion, but that administration officials have not made a final decision.

The risk corridor program was written into the 2,700-page health care bill to help the insurance companies offset losses if they enroll too few healthy customers and sign up too many people with high health care costs.

Risk corridors are aimed at keeping premiums from skyrocketing by requiring the government to “share in the risk associated with the new marketplace,” according to the health care lobbying group America’s Health Insurance Plans (AHIP).

Insurance companies pay into a pool to cover losses for companies that fare poorly but the federal government must step in if there is widespread loss, which some say could happen due to the lack of participation on the health care exchanges from young and healthy individuals.

The program, however is only meant to be short term, AHIP said, to “ease the transition between the old and new marketplace.”

But the disastrous rollout of the law resulted in millions of people on the individual market losing health care policies that did not include the “essential benefits” required under the new health care law, including maternity care and pediatric dentistry. The resulting public outcry prompted President Obama on Nov. 14 to announce that health insurance companies could allow customers to keep their old plans for an extra year.

The Obama Administration is now weighing a plan to grant an additional three-year extension for non-complaint plans on the individual market. Such a move would prevent millions of people from losing their policies in the critical weeks and months before the 2014 election.

But it would also allow people on the individual market to keep non-compliant plans beyond the risk corridor’s 2016 expiration date, leaving health insurance companies serving the exchange vulnerable to financial losses as the more healthy customers continue to stay out of the exchanges.

Health insurance companies are looking for something in exchange for the three-year extension, which will make it much harder for them to sign up healthier and younger customers. Extending the risk corridor program is part of that conversation with the White House, industry sources said.

“If the extension increases adverse selection, premiums will go up and taxpayers will be on the hook for more money through extending the risk corridors,” Mike Tanner, a health care policy scholar at the Cato Institute, a libertarian think tank, said. “The question is, how much? And I don’t think anybody knows because I don’t think anybody knows how many people we are talking about.”

John C. Goodman, the president and CEO of The National Center for Policy Analysis, believes insurance companies participating on the exchanges are headed for significant losses as the sickest and most medically vulnerable get dumped into the exchanges and waivers and delays are granted to the healthy.

In Detroit, for example, city officials are considering pushing onto the health care exchanges municipal retirees who are too young to qualify for Medicare.

“I can understand why they are talking about extending the risk corridors because I think the losses are going to be quite large,” Goodman said.

Health care law supporters point out that the federal government can make money off risk corridor programs. A Congressional Budget Office report last week predicted the federal government won’t lose a dime through the risk corridor program but will end up netting $8 billion.

The CBO based its estimate on the performance of risk corridors established under the Medicare Part D prescription drug benefit program passed by a Republican-led Congress and signed into law by President Bush in 2003.

“The risk corridor program was a good idea during the Bush administration, and it worked,” Rep. Elijah Cummings, D-Md., said during a recent hearing on the program. “Rather than a bailout for insurance companies, the program has resulted in $7 billion in net gains to taxpayers. But now since these same mechanisms are part of the Affordable Care Act, Republicans argue that they are a bailout for insurance companies.”

Critics in and out of Congress want legislation to repeal the risk corridors and warn that Obamacare won’t yield the same kind of results as Medicare Part D because of the much larger size and scope of the new health care law and the potential for a much larger pool of sick and unhealthy on the exchanges.

“Medicare Part D made money, but I don’t think that’s going to be true here,” said Douglas Holtz-Eakin, the former director of the Congressional Budget Office who now runs American Action Forum, which describes itself as a center-right policy institute.

Sen. Marco Rubio, R-Fla. has introduced legislation to repeal the risk corridor provision in the health care law, but Senate Majority Leader Harry Reid, D-Nev., has no plans to take up the bill.

… LEC here again — no controlling legal authority …

Posted in accountability, congressional oversight, constitutional opinion, fraud, illegality, legal opinion, legal strategy, personal opinion, political strategy | Tagged: , , , , , , , , , , , , , , , , , , | Leave a Comment »

… If There is No Legal Basis [for Exec Orders] …

Posted by paulfromwloh on Saturday,February 1st,2014

.. then , what is their legal foundation , if any .

.. this piece frames a substantive question from US Senator Mike Lee [R-UT] that was put forth in an oversight hearing in the Senate Judiciary Committee . AG Holder was , to say the least , on the hot seat . He could not provide any legal basis at all for many of POTUS ‘ EOs , especially his delay of the ObamaCrapCare employer mandate . If there was not any legal basis for them , then how are they legitimate at all …

.. [h/t —Washington Examiner] ..

.. [link] to the Congressional testimony . Watch the AG sizzile as he tries to explain the unexplainable acts …

.. the courts will give the Exec Branch a great deal of what it now known as ” Chevron deference ” in the interpretation and implementation of a law . That deference only goes so far . If it does not confer with Congressional intent , Congressional powers , and / or the explicit or implicit powers of the Executive , then No Soap ..

Posted in constitutional opinion, historical opinion, legal opinion, legal strategy, personal opinion | Tagged: , , , , , , , | Leave a Comment »

… Basically , the Shippers [Bleeped] Up …

Posted by paulfromwloh on Thursday,December 26th,2013

.. why did the packages that were sent via U.P.S. and FedEx end up being late ?

.. what do I think ? I think that FedEx and U.P.S. and the others got caught with their pants down . They misunderestimated both the amount of packages that would be ordered this Christmas season . As it turns out , I think that the total was up . Not waaaay up , but up a fair bit . It was not just that , however .

.. They goofed on the timing . Goofing on both elements means that they did not have the human capital [people] that they needed when they were needed . They also did not have the physical capital [planes , pipeline space] that was substantial enough . Because of it , they got caught with excess shipping in the pipeplines at the wrong time . Guess what the result was ?

.. Some stuff was late . It happens . It was a business mistake . People will have to answer for it , to be sure . It is not a legal action [a tort] which would leave them vulnernable to lawsuits .

.. Some idiots will file , though . They will be dismissed , evetually , but not after the companies incur some legal bills as a result . Oh , Well . That is why we need tort reform …

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… Illegal Immigrants …

Posted by paulfromwloh on Friday,December 20th,2013

.. are not here legally , Congresswitch Pelosi . They will not have documentation . At least they will not have documents that will pass legal muster , Madame …

.. [h/t —] [link]

.. They deserve to be sent packing , if they are caught here . If not , then leave them alone . We need to do something about the problem of all of the millions of people that are here in this country illegally .

.. We also need to update our immigration system and our immigration laws . The current system just does not work . What the DummyCrats are proposing to ram through , though , will not work . A skills – based system , with limited (very limited) family reunification is what I think would work …

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… It is That Simple , POTUS …

Posted by paulfromwloh on Friday,November 15th,2013

.. you screwed up , you abused power , and you did things that you should not have done .

.. You are not a dictator . You are the President , one whose oath mandates that you ” take care that the laws be faithfully executed . ” Changing laws and giving administrative deference is one thing — it is (legally) called Chevron deference — but rewriting laws to make administrative changes , changing their  fundamental character , even in small ways , is wrong , very wrong .

..  Either ObamaCrapCare works , or it does not . My bet , and my evaluation is , that it will not …

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… Amazing , and How Petty [Furlough Instructions] …

Posted by paulfromwloh on Monday,October 7th,2013

.. the bureaucrats seem to have a law and an instruction for everything ..

.. A notice posted on the website of the Small Business Administration (SBA) warns furloughed employees that it is a “criminal offense” to use federal resources during the furlough period, including accessing government email accounts. Although the notice is directed to SBA employees, presumably the directive is applicable to furloughed employees of all government agencies.

The full notice reads as follows :

Please be advised, during the furlough period, non-excepted employees will no longer be permitted to utilize SBA email or other federal resources. Please know that use of federal resources while on furlough status is prohibited by law and is considered a criminal offense. Employees must NOT represent the agency in any formal or informal capacity.

… The Office of Personnel Management (OPM) issued a document on October 4, 2013, entitled “Guidance for Shutdown Furloughs” for all government employees. The guidance does not specifically address the email issue, and makes no mention of “criminal offenses.” The closest the document comes to addressing the issue appears under a section entitled “Working during Furlough” (page 3):

1. May an employee volunteer to do his or her job on a nonpay basis during a shutdown furlough?

A. No. Unless otherwise authorized by law, an agency may not accept the voluntary services of an employee. (See 31 U.S.C. 1342.) [Link added]

.. LEC here — I have heard of petty and ridiculous things , but this is way beyond the pale …

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… These Small Proprietors should Counterattack [Religious Rights being overrun by “Human Rights” laws]

Posted by paulfromwloh on Thursday,September 5th,2013

.. these companies are being set upon by so – called “Human Rights” laws . Basically , these laws are imposing a secular code of humanist justice upon those of us who are believers , and our religious beliefs are being thoroughly trampled upon . This is the height of outrageous .

.. Those local and state bodies should remember that the great mass of the people are those who are religious believers . We are all of different faiths , but of one common set of beliefs . Those beliefs are spelled out in the individual rights set out in the Bill of Rights . They include , but are not limited to , our religious faith . Just because one goes into business in the common public sphere , does not limit one ‘ s ability to practice one ‘ s faith .

.. These so  – called “human rights” laws  have marched waaaaay over the line .  Many folks who are involved in this are pro – family and pro – traditional marriage . They believe that it should be limited to between one man and one woman . They should not and must not have their rights to religious freedom and freedom of property limited because they do not believe in so – called “same – sex marriage . ” These idiots are trying to impose their humanist beliefs on others , and it goes way beyond the pale of constitutionality .

.. The pro – family and pro – marriage forces should counterattack . There are laws limiting the infringement of civil rights , and usually they are put to use to the loonie left . Guess what ? They apply to everyone , and the Loonies are going to have to be made to find that out the hard way . Either there is religious freedom for all , or there is no religious freedom at all . Our constitution and the Bill  of Rights should still mean something .

.. these are links (ironically , to the Huffington Post) about a small local cake bakery who was forced to close because of their religious beliefs . They believe in the traditional  definition of marriage , and do not believe that they should be penalized for doing business in public , and remaining faithful to their religion . They believe that they can do both . They should and hopefully will fight back … [link1] … [link2]

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… I guess that #FreeKate has not gotten the Message …

Posted by paulfromwloh on Tuesday,August 20th,2013

.. it should be #jailKate !

.. for the uninitiated , Kate refers to Katelyn Hunt , who is an 18-yr-old young adult . She was busted for having lesbian sex with a 14-year-old . She did not take an offered plea bargain , instead deciding (along with her family) to turn her cause into a cause celebre . Gross !

..Florida law is clear that anyone 18 or older having sex with someone 15 or younger has committed a crime. This crime is “usually” prosecuted for the same reason that Kate Hunt is being prosecuted: Parents of the minor victim discover that their young teenager is sexually involved with an adult, object to this involvement, and call the cops.

Will anyone argue that this law is unreasonable?

Is it wrong for parents to be empowered, with the law on their side, to say, “Hey, leave my kid alone, you creep, or I’ll call the cops”?

..Let us stipulate that there are probably lots of 18- and 19-year-old guys who may be sexually interested in much younger teenage girls.

.. This is the typical scenario: A girl who is physically mature but not yet 16 becomes involved with a guy in his late teens or early 20s and this involvement is entirely voluntary — indeed, often quite enthusiastic — on the part of the girl who, in the eyes of the law, is the victim of a crime because she is incapable of legal consent.

.. Maybe that seems crazy to you. You may say, “But this girl is willing and eager to have sex at 14 or 15, why criminalize this guy, only four or five years older than her, for giving her what she wants?”

.. The answer is that this is a minor dependent upon, and under the authority of, her parents, who have a duty to supervise her behavior — to make sure she brushes her teeth and does her homework and looks both ways before crossing the street — for her own good. And if the parents of 14-year-old Heather Hotpants don’t want their daughter taking a ride on the one-eyed love monster with 19-year-old Billy the Boner, they are empowered by law to prevent it.

Maybe you think this kind of parental empowerment is a bad thing, but if you don’t have a teenage daughter, well, shut the hell up.

Parents have duties and parents have rights, and if we don’t want total sexual anarchy — horny hoodlums cruising the middle-school parking lot in search of some easy action — we’d better by God stand on the side of parents trying to protect their daughters.

As it is, however, Florida’s age of consent is 16. This law is by no means secret and evidence in this case indicates that Kaitlyn Hunt knew damned well her involvement with a 14-year-old was illegal.

                                                WHY DO YOU THINK THEY CALL IT ‘JAILBAIT’?

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… I can Understand the “Dream”ers [Immigration issue

Posted by paulfromwloh on Saturday,August 17th,2013

.. these young people were brought into the country by their parents , and grew up here , and knew no better . However , they are still “illegals . ”

.. I am going to guess that , with a ne immigration bill bill that may well make it through , these young people will have their status legalized . However , the standards are likely to be tighter . The year of arrival is likely to be mored , in which direction , I do not know . Their age at arrival is likely to be lowered . Basically , they will be able to stay , and achieve amnesty .

.. I am pro – immigraion . However , I am very much pro – legal immigration . If there is to be “amnesty , ” there will be one hell of a price to pay for it . One of the highest is that there should be a great deal more legal immigration , based upon skills and skill level . Also , investors , along with STEM , should be emphasized . Also , family reunification should and must be limited to immediate family only . Not to extended family , Uh – unh .

.. I also do support the idea of the “dreamers . ” It must be done in law , not in regulation . What the ObamaCraps have done in the immigration law enforcement is gross perversion of prosecutorial discretion , as well as decency . Legalization must be done in law , not perverted regs . The ObamaCraps should remember to enforce the body of law “as a whole,” and not in pieces and parts …

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… Immigration should Increase [Legally] …

Posted by paulfromwloh on Sunday,August 11th,2013

.. but , it should be legal immigration , not of the illegal variety . If there is going to be an immigration bill , it should take a multiple of forms . Most of which , they should be able to add skilled immigrants , not the low – skilled kind . As well as investors , and STEM (science , technology , engineering , math) . These folks are far more likely to be from nations that are more accepting of conservative ideas and conservative thought .

.. Doing so would eventually , one would hope , choke off the flow of illegals , and limit the family reunifications to immediate family only . These immigrants would be , hopefully , far more likely to be independents , or , better yet , GOP friendly …

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… Earth to Jay Carney [the World Wonders] …

Posted by paulfromwloh on Wednesday,July 31st,2013

.. about your comments (many different times) about Benghazi , as to :

[-] Benghazi is a “phony ” scandal , when it is very , very real ,

[-] he refers things to the F.B.I. , when the media well knows who is responsible ,

English: Jay Carney giving a press briefing.

English: Jay Carney giving a press briefing. (Photo credit: Wikipedia)

[-] survivors of the attack are being made to sign legally questionable non – disclosure agreements . These NDAs are in vioation of public policy , and are thusly non legal or enforcable . Those forcing them are guilty of conspiracy , and obstruction of justice , to say the least ,

[-] these same survivors are being ordered not to talk to congressional investigators , members of law enforcement , and sitting members of Congress ? See previous ,

[-] What exactly happened with the E.O.P. and the E.O.SecState during the attack ? The World Wonders ?!?!

… to be rather blunt , and honest , LIAR , LIAR , PANTS ON FIRE !!!!

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… Thomas Perez must be Stopped !! …

Posted by paulfromwloh on Monday,May 20th,2013

..  I feel very strongly in this case . This man is patently unqualified to be in public service , or to hold any office of trust or profit in our country . Unfortunately , the Senate committee handling his nomination has voted it out , along party lines , sending it to the full United States Senate for confirmation . Why he merits this step , I will never understand .

.. in an ideal world , people like Thomas Perez would be out on the street . Unfortunately , we do not live in one . He is currently in a high position in Mr Obama ‘ s Department of Injustice , and now has been nominated for another as the Secretary of Labour . Now , it is the GOP’s turn to act , and act forcefully . ..

.. Normally , he should be fired , and kicked to the curb . Republicans in the U.S. Senate and like – minded Dems should stand up for principle , as well as for solid grounds , and completely block Perez ‘ s nomination . ..

[-] refusal to enforce the law on equal grounds — either we are all equal under the

law , or we are not . We are , and the law should be enforced thusly ,

[-] private e – mail accounts are for private business , not government business .

Especially with FOIA laws , use of them is an act to evade FOIA disclosure . What kind

of skullduggery has been going on ? ,

[-] failure to tell the truth , under oath — numerous times , especially when refusing

to comply with  congressional subpoenas ,  and

[-] Senate prerogatives — presidential gross misuse and abuse of power , regarding the

National Labour Relations Board . Allowing Perez to serve would aid and abet the

Obamacraps in their misconduct , and willful flouting of the law .

= = [added] = =

[-] gaming the system in the case Magner v Gallagher , for the preservation of a faulty

legal theory (disparate impact) , by playing around with legal cases , the Supreme

Court ‘ s docket , and the legal system , as a whole .

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… Um , Dan , the Law is Never Irrelevant ! …

Posted by paulfromwloh on Sunday,May 19th,2013

.. Not only is Dan Pfeiffer a lousy liar , he thinks that the law is irrelevant . Well  , Dan , the law is never irrelevant . Bucko , your boss holds the office . You serve him . It is his sworn constitutional duty “to preserve and protect the Constitution of the United States . Also , while he is at it , it is also his sworn constitutional duty to see to “the faithful execution of the law . ” [singular , as well as plural]

[h/t — the Weekly Standard]

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… Do the Democrats understand the Meaning of the Word ” Bribery ” …

Posted by paulfromwloh on Sunday,March 31st,2013

… Do the Democrats understand the meaning of the word “Bribery” …

… the difference between a campaign contribution and an out – an – out bribe is a narrow one … one is given to help support an candidate , or an officeholder ‘ s campaign , the other is given to deliberately subvert the rule of law , and favour one ‘ s self..

.. defined ..Bribery is an act of giving money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black’s Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty.   The bribe is the gift bestowed to influence the recipient’s conduct. It may be any money, good, right in action, property, preferment, privilege, emolument, object of value, advantage, or merely a promise or undertaking to induce or influence the action, vote, or influence of a person in an official or public capacity.[1]   In economics, the bribe has been described as rent. Bribery in bureaucracy has been viewed as a reason for the higher cost of production of goods and services.

.. right now , the Senate Democrats are , or have gone waaay over the line . Byron York is a fantastic writer for the Washington Examiner , and a veteran of the American Spectator , among other publications . He has picked up on two pieces from the liberal blog , “Plum Line , ” written by Washington Post writer Greg Sargent . I link to them [here] and [here] . Campaign contributions are one thing . I support their deregulation , but also their disclosure .

… What Saergant is describing though , is out-and-out Bribery !

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.. the Bully Boys strike again !! …

Posted by paulfromwloh on Thursday,October 11th,2012

… the bullies that I am referring to are the Lawyers Committee for Civil Rights under Law …

… this is the bunch that Ralph Neas used to run , and Nan Aron now runs …

… well , a story from my local newspaper hit , and I think that many of you may well be interested in it . It involves billboards . A somewhat shadowy committee has financed and put up billboards on the near East Side of Cleveland . As one might think , yea , they are for a predominantly minority audience . The area that it was put up in in the city is not all black , but it is mostly black , with some Asians and Latinos mixed in . …

… Now , this is where the Lawyers Cmte is jumping in . They think that minorities cannot act and think for themselves , and they are acting in their stead . They are moving to intimidate the billboard company , Clear Channel Outdoor , to force them to take down the billboards …

… Here is the story , with a sample of the billboard …

Stan Donaldson, The Plain Dealer By Stan Donaldson, The Plain Dealer The Plain Dealer on October 10, 2012 at 8:05 PM, updated October
10, 2012 at 10:05 PM

VOTERBILLBOARD.JPGStan Donaldson, The Plain Dealer Organizers will protest in front this political ad at the intersection of East 35th Street and Cuyahoga Community College Avenue on Thursday. They say the sign discriminates against minority voters.

CLEVELAND, Ohio — A civil rights group has called for a local advertiser to remove signage about voting fraud from dozens of billboards in Cleveland that it says unfairly target minorities.

The Lawyers’ Committee For Civil Rights, a voting advocacy group based in Washington, sent a letter this week to Clear Channel Outdoor in Parma requesting they take down signs that read “voter fraud is a felony.” The signs, which also list potential criminal penalties, have sprouted up in various sections of Cleveland and some suburbs since last week.

The group used census tract data to determine the demographics of the neighborhoods in which the signs were placed. Census tracts are areas that average about 4,000 residents and loosely follow neighborhood boundaries.

In addition to Cleveland, the billboards also have begun to appear in predominately black neighborhoods in Cincinnati and Milwaukee, the group said. The sponsor for the billboards is only listed as a private family foundation.

In its letter to Clear Channel, Lawyers’ Committee said the signs, “stigmatize the African-American community by implying that voter fraud is a more significant problem in African American neighborhoods than elsewhere,” and the billboards “attach an implicit threat of criminal prosecution to the civic act of voting.”

Eric Marshall, who manages legal mobilization for the Washington group, said Clear Channel should remove the signs from neighborhoods in Cleveland.

“These billboards are placed in predominately African American or Latino neighborhoods only,” Marshall said. “They send a pretty strong message, and a very dissuasive message that is not good for our democracy.”

For instance, in a census tract where a billboard was posted at the intersection of Cedar Avenue and East 79th Street, the voting age population was 96 percent black. In the area around a sign at Carnegie Avenue and East 36th Street, the population was 88 percent black.

And black residents accounted for 76 percent of the voting age population in a census tract near a billboard at East 35th Street and Community College Avenue.

Cleveland City Councilwoman Phyllis Cleveland and State Sen. Nina Turner will hold a rally at 11 a.m. Thursday in front of a billboard at the East 35th Street location to discuss their efforts to get the signs removed.

The politicians and some residents said the signs intimidate minority voters, felons and students who may not know their rights.

Rob Frost, chair of the Cuyahoga County Republican Party, said that he considers some political advertisements inflammatory, but that is part of having free speech. He added, though, that he would favor laws requiring full disclosure of who purchases billboard ads.

As for these billboards, he questioned if they target any particular segment of the population.

“It appears to not be a discriminatory effort, but a region wide effort that someone wants to get the word out about voter fraud,” Frost said. “Raising awareness about voter fraud and keeping this election fair helps us all have confidence in the results.”Ultimately, getting the billboards removed before the election may prove to be a tall order.

Jim Cullinan, a spokesman for Clear Channel, said the advertiser for the billboard has a contract for the signs to be posted at those locations.

“The advertisement has nothing to do with Clear Channel Outdoor, it was the advertiser,” Cullinan said.

He said the company understands the sensitivity of the signage and would start a dialogue with political leaders and community activists who have expressed their feelings about the billboards.

Cullinan said it not the company’s normal practice to install signs without naming the sponsor, but that the group, which requested anonymity, was able to get the language in their contract. He said the company now views that as a mistake and will not post signs without naming the official sponsor in the future.

“We prefer to have that disclaimer in any ad,” Cullinan said. “In our minds, it is an error that it was not in there.”

But Marshall, with the Lawyers’ Committee For Civil Rights, said Clear Channel should remove the signage from its billboards.

“Clear Channel has a choice,” Marshall said. “Contract or not, it is not right to be putting intimidating messages up in predominately minority neighborhoods.”

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… the ” Go Around ” …

Posted by paulfromwloh on Monday,August 27th,2012

… about any President ‘ s desire to ” go around Congress ” …

… {from Article 2 , Section 1 , Clause 6} , … he shall take care that the laws be faithfully executed …

laws — those passed by Congress , and signed by the President ; or those enacted over his Veto …

faithfully — in basic , from any dictionary , adhering firmly and devotely …

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… the Constitutional Court

Posted by paulfromwloh on Monday,July 16th,2012

… no , folks , not our U S Supreme Court …

… the German Constitutional Court .

… whatever may happen in Europe will likely start in Germany with their highest court . Why ? a number of their constitutional law professors have challenged the bailouts , as well as the mechanisms that the national governments have been using . and the demand keeps growing . and , they do need Germany , with its deep pockets …

… however , they may not have it . If their court says no , in full , or in part , Germany will effectively be out of the bailout business . I think that this court may well say no , at least in part …

… in Germany , especially , given its recent history (who can forget ,  and no one should) , they need to stick to their rule of law more than anyone , and avoid legal finesse …

… but , the consequences for Germany , Europe , the EU , and for everyone else may be telling ….

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