Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘Rule of law’

… We are a Nation of Laws …

Posted by paulfromwloh on Monday,January 2nd,2017

.. and we have a right to expect that the Administration enforce the ” body of law ” as a whole .

.. the Federal Government has a need and a right to set priorities and make choices . But , it should be made known that the entire work , the entire ” body of law ” as a whole should be enforce . In that way , our rights and liberties will be safeguarded , and the Government will respect our laws and our system of government …

.. [h/t — RealClearPolitics]..
.. [link] to the commentary ..

.. not treat our system and laws like that of a ” banana republic … “

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… Prosecutorial Discretion is [#what is it]…

Posted by paulfromwloh on Saturday,December 31st,2016

.. what is it ? ..

.. well , it is the act of making choices ..

.. what POTUS is doing is not prosecutorial discretion . It is a blatant , illegal , and lawless powergrab …

.. what prosecutorial discretion is is the willingness to enforce the body of law . It means the ability and choice to do so as a whole , not in pieces …

.. it means setting priorities , but it still means doing your duty . Obama and his cronies are doing no such thing …

.. what POTUS is doing is what I would define as the most certain ” impeachable offense … “

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

… I have Heard of Stupid [#DemoCrap Misconduct]…

Posted by paulfromwloh on Friday,October 7th,2016

.. but this is beyond outrageous …

.. congressional oversight is an important part of Congress ‘ job . Besides the making of law and the changing of law , understanding and investigating what is going on in the government at large is damned important . However , Congress is only one part of a 3 – part system of government …

.. Congress relies on the separation of powers . Congress can issue a subpoena , but it relies on the other two branches to enforce a subpoena . The judicial branch will clearly enforce one , but what about when the executive branch is clearly failing to do its job ….

….Right now , I believe the Executive branch is failing in its duty . They should be acting to enforce a Congressional subpoena . However , right now , they are not doing so . They are actively working to obstruct the work of Congress by failing to do so . Worse is the conduct detailed here …

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

… from Investor ‘ s Business Daily [ and Legal Insurrection.com]…

DOJ Working With Elijah Cummings To Protect The IRS

An aide to the attorney general accidentally calls the office of the House Oversight Committee chairman, asking for help in spinning the defense of the agency whose head just said they obey the law when they can.

We have commented many times of the all-too-cozy relationship between the IRS and Democratic members of the House and Senate, with members writing to the agency demanding that specific conservative groups and political action committees they find particularly irritating be subject to the “special scrutiny” that the Tea Party and other conservative and religious groups were subjected to in the ongoing scandal.

Of particular interest to us has been Rep. Elijah Cummings, D-Md., ranking member on Rep. Darrell Issa’s House Government Reform and Oversight Committee, who has made every effort to keep the committee from finding out the true extent of IRS corruption and abuse of power in its targeting of conservatives…

Now we have Brian Fallon, a former aide to New York Democratic Sen. Chuck Schumer and a communications aide to Attorney General Eric Holder, who mistakenly called Issa’s office thinking it was the office of Cummings and asked for help in leaking documents to selected reporters for the purpose of creating media spin before Issa and his committee could make them public.

As Jonathan Strong reports at Breitbart News, now the subject of an IRS audit, a letter sent by Issa to Holder about the call “describes Fallon as ‘audibly shaken’ when he realizes his request to leak documents to help get ahead of news stories about them was mistakenly made to the very office he was seeking to undermine.”

.. The Executive is actually acting in concert with the House minority to obstruct the investigative acts of the House majority . They are leaking news stories through to the House DemoCraps , who then leak them to so – called ” friendly ” members of the LameStream media . They do it to try to get ahead of a news story in order to manage a news cycle …

.. it is , to say the least , not what they should be doing . They should be co – operating with the House and the Senate , fairly and equally , no matter who runs the place . Conspiring with one side against the other helps to damage our system of government and helps to endanger our rights …

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… The Sad Think with Venezuela [#oil exploration]…

Posted by paulfromwloh on Sunday,September 18th,2016

.. Venezuela is an oil – rich nation , that is no doubt . However , its legacy is being squandered by the Chavistas and now Nicolas Maduro and his gang , with an assist from Cuba …

.. it has an even richer legacy , one that is right now largely going unexplored . It is the Orinoco Basin . Outside of the United States , the Orinoco Basin is one of the largest unexplored areas of shale oil on the planet . Most estimates put the holdings there at about 150 billion barrels to 175 billion barrels of oil . Yes , they are that large . But , right now , nothing . Courtesy of the Chavistas …

.. [h/t — WFB.com]..
.. [link] to the book review …

.. courtesy of the economic insanity that is Venezuela and other countries like it [such as Ecuador] , that are will continue to go largely unexplored . The investment capital that would flow into that area in massive quantities [in a lawful country] is cutoff in a legalistic fantasyland like Maduroland [Venezuela] or Correaland [Ecuador] …

.. In Cuba ‘ s case , it is their lifeline . They receive an extraordinarily generous oil subsidy from Venezuela . They need it , or else , it is bye – bye Communistas …

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… What I think [#POTUS and Exec Amnesty (Immigration)]…

Posted by paulfromwloh on Monday,April 18th,2016

.. you would think that there are no court cases out there . There would be no way in order to reverse POTUS ‘ action , and crack down on his antics on misconduct in office …

.. Wrong ! …

.. there is this little matter of Az Dream Act Coalition (sic) v. Brewer . It is a case out in the loonie land of the judiciary , the 9th Appeals Circuit Court . Yeah , that one . So , what is it about ??

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

.. when POTUS pulled his stunt on D.A.C.A. (for the Dreamers) , Az Gov Jan Brewer retaliated . She made it explicitly clear that under Arizona law , illegal aliens were clearly ineligible to receive documernts such as Az driver licenses . They were not able to , already . Her E.O. made it more explicit . So , the coalition sued …

.. the Federal District Court in Phoenix said no . However , a 3 – judge panel of the 9th Circuit said yes , that Dreamers could get these government documents , such as driver licenses . Even though AZ law was clear on the subject , that they were ineligible , and thus not allowed …

.. I think that the U.S. Supreme Court could reach down to this court , grab the case , and fast – track it for briefs and arguments at the Supreme Court . Boy , would that set off a circus . It would , in addition to the likely impeachment inquiry that would result from such an order . People will think that potus WILL GO SMALL . iN THIS CASE …

.. in for a penny , in for a pound . I think that Obama will go for ” the gusto , ” and supposedly ” legalize ” as many people as he thinks that he can get away with ….

— [update] — well , His Lordship did do it , just but not as much as I expected . Also , now , Arizona has a new GOP governor [Douglas Ducey] who is just as committed to this case . This case is far closer to the US Supreme Court than anything else , so stay tuned …

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… The Issue is ” Disparate Impact ” [#legal theory]…

Posted by paulfromwloh on Saturday,December 5th,2015

.. my home state of Ohio is involved in one honey of a brawl over the management of early voting . It is a doozy . Now the US Supreme Court has gotten involved . They had no choice , to be honest …

.. The political leadership thought that there needed to be ” reform of the reform . ” Early voting is nice , to be sure . But it is too much of a good thing . The Ohio Legislature acted to bring some rhyme and reason , along with some restraint to the process . They pulled back the reins on the Early Voting process , and granted the county boards of election [who , along with the Secretary of State , manage the process in Ohio] more ability to manage their financial and personnel resources …

.. The radical left had a massive hissy fit . So , as usual , they decided to bring a lawsuit . They wanted to find a ” friendly judge . ” Unfortunately , downstate , in the central and southern districts of the state , they found one .  The radical activists sought out a friendly judge in order to get a favourable ruling in their lawsuit . They brought the lawsuit in order to bring back elements of early voting that the state of Ohio does not deseire to have remain in effect …

.. These are things that the State has found are totally unnecessary .One is ” Golden Week , ” where people may register and then vote at the same time . That is outrageous . A county board of elections in my state deserves the right to check databases in order to verify the legitimacy of the registration . Another is evening voting , along with Sunday voting . The BOEs have a right to manage their resources , according to the will of the vovters and the legislature of the State of Ohio . It is not the province of a radical activist judge , whether it be a district court judge , or a group of appeals court judges , to impose their judgement , where their idea of the law has been total rejected by the vast majority of the courts …

.. Theier problem is over what is known in legal circles as ” disparate impact ” legal theory . Generally , you need to have direct impact of evidence of discrimination to interfere with their management of their affairs . What disparate impact does is sinister . It infers discrimination based upon the numerical impact on various ” protected classes , ” such as minorities . Once that happens , then the burden of proof flips to the other party to prove legitimacy , which , usually is next to impossible …

.. The impact of ” disparate impact ” usually ends up leading to greatly enhanced affirmative action . Not just affirmative outreach to affected groups , mind you … It means the adoption of numerial goals , or , in effect , quotas , by class , gender , etc …

.. there you see the problem . The liberals and the radical activists still cling to this outdated and racist legal theory . It has been discredited , time after time after time . Yet , these nutjobs still act to cling to this …

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… No , Mr. Attorney General , You are Grossly Mistaken [#law enforcement]…

Posted by paulfromwloh on Sunday,January 25th,2015

.. AG Eric Holder feels that his biggest failure as Attorney General was the failure to enact gun control . He is grossly mistaken …

.. [h/t — TruthRevolt.org]..
.. [link] to the interview segment ..

.. What is his biggest failure ? My guestimate is that his gross failure to enforce the law . He has failed at that very , very badly . His gross misuse of the tools of his office is a close second …

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… Jan Brewer really Gets It [#imperial POTUS]…

Posted by paulfromwloh on Saturday,September 13th,2014

.. she really does get it .

.. so , Crane v. Napolitano will live on , but in a different cloak .

.. her case is already at the 9th Circuit . It will not be finished there by the time that she leaves office in January . God willing , her successor will be a Republican , and one who understands the fight …

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

.. D.A.C.A. was created by imperial fiat . Now , we as a country are reaping the whirlwind of the results . POTUS really thinks that he is going to get $$ without restrictions ?? No way …

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… Earth to Massachusettes [#pro – life case]…

Posted by paulfromwloh on Wednesday,August 13th,2014

.. haven’t you dummies heard of McCullen v Coakley ? Duh !! ..

.. passing another pro – death anti – speech zones bill ? ..

.. [h/t — theRightScoop]..
.. [link] to the blog news ..

.. Un – Uh … It will be tossed by a court in your local jurisdiction . Well , it sure as hell should be ..

.. if not , it will be by the 1st Circuit Appeals Court , you dummies …

.. the US Supreme Court decision was unanimous . 9 to 0 . Get the point . You can have a ” buffer zone ” law , yes . But having something like was proposed in the new state law ? No , not even close . Something that especially that is content – based …. the Supremes have said that that manuveur is a very very big no – no …

.. [h/t –– MassLive.com]..

.. [link]–to the news piece ..

.. nice try , pro – death crowd …. try again …

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… The N.A.G. Gang wants anti – religious tyranny [#bigotry]…

Posted by paulfromwloh on Monday,July 28th,2014

.. NOW is very , very unhappy with the Hobby Lobby decision . They are so unhappy that they are advising POTUS to go waaaaay over the line with another of his executive orders ….

.. [h/t — Townhall.com/tipsheet]..
.. [link] to the commentary ..

.. basically , NOW wants POTUS to effectively shred the Hobby Lobby decision , by eliminating it where it deals with federal contractors ….

.. Haven’t the NAGs remembered that the law overrules E.O.s (executive orders) , and the Constitution overrules both of them . Even if POTUS wanted to , any court worth a damn would throw his action O-U-T the door as a gross abuse of power …

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… What You are Doing is Immoral and Evil [#defending so-called same – sex marriage]…

Posted by paulfromwloh on Friday,July 18th,2014

.. so – called same – sex marriage is immoral .

.. so – called same – sex marriage is unnatural .

.. even more than that , it is evil .

.. you propose to create same – sex marriage , and do it by judicial fiat .

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

.. new law is created by a Governor and a legislature , or by Congress and a President . It is not created by a judge . Judges interpret the law , as well as the Constitution . They do not create law . To do so is an impeachable offense …

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… the U.A.W. is playing Cute …

Posted by paulfromwloh on Monday,July 14th,2014

.. by trying to establish a ” local ” at the VW plant in Tennessee …

.. they cannot legally do so , unless they have had a certified local formed as the result of an election , or as the result of a ” card check ” certification . They have had neither of these done ….

.. matter of fact , they have just recently just lost a representation election , earlier this year . They certainly cannot force their way into the plant by the back door , either …

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

.. what I think they are trying to do is go for card – check certification , by the back door . The U.A.W. has set up the local to support the effort , and , so far , it is voluntary . Most likely they are soliciting membership cards as a show of support . They will try to do it by hook or crook , especially with a friendly ObamaCrap N.L.R.B. running blocker for them …

.. then , once they have a ” majority ” of the plant , presto , they can go official .

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… An Interesting Court Case [#challenge to obamacrapcare]…

Posted by paulfromwloh on Friday,July 11th,2014

.. Senator Ron Johnson faces a problem .

.. can he establish ” standing ‘ in this court case ?

.. to be honest , I am not sure . But , if he can , then the Government is in very big trouble …

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

.. His Lordship and his minions played fast and loose with the law . So , in theory , their handiwork should be easy to overturn . No , it is not so easy …

.. When ObamaCrapCare was just a bill , Chuck Grasseley was real sneaky . He slipped in a provision into the bill , and it was accepted . Except that the DummyCraps did not exactly read his handiwork .. Why ?

.. Grasseley ‘ s provision forced Members of Congress and their staffs out of their cushy health insurance plans . These items , offered through the Federal Health Insurance BEnefit program , gave the beneficiearies very generous health insurance benefits . also , they were subsidized , to the tune of 75 % …

.. except Grasseley ‘ s handiwork force the denizens of Crapitol Hill out of these plans . Then , the ObamaCraps pulled a fast one , in contravention of the ObamaCrapCare bill , and allowed the denizens to still get their subsidies , even though doing so would be unlawful ..

.. now , you understand Senator Johnson ‘ s problem . Can he win his fight ? I hope so …

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… The Rule of Law and Our Rights are in Danger …

Posted by paulfromwloh on Thursday,May 1st,2014

.. you may wonder why ? …

.. His Lordship and his free – lancing on his executive authority , that is why …

.. [h/t — RealClearPolitics]..
.. [link] to the comments ..

.. the idea is to enforce the body of law ” as a whole . ” You can make choices , and deal with prosecutorial discretion (where it comes to criminal law) .. but , to use the ability to make those choices to turn everything inside out and twist it like a pretzel ….

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… Are We Governed …

Posted by paulfromwloh on Sunday,April 6th,2014

.. by the Rule of law , or by Presidential Decree …

.. I wanted to reproduce and reuse an excellent editorial of National Review , that they entitled ” It ‘ s the Law …”

.. [h/t — NationalReview]..

.. [link] to the editorial..

As the Supreme Court considers whether the Obama administration can force Hobby Lobby to buy morning-after pills under the Affordable Care Act, the very architecture of that law is on trial one mile away at the U.S. Court of Appeals for the District of Columbia. The question is nominally one of a technical issue in the Affordable Care Act but is more deeply one of the nature of the presidency: Is the president bound by law, or can he unilaterally overrule Congress when he deems it prudent?

Will we be governed under law, or under presidential decree?

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–>The Affordable Care Act authorizes the federal government to offer subsidies and tax credits for the purchase of health insurance through the so-called exchanges created by the states under the law. The architects of Obamacare, having richly larded the bill with a variety of financial inducements, expected that every state would create an exchange and thereby make its residents eligible for those subsidies and tax credits. The great majority of the states, 34 of them, in fact, said, “No.” So the federal government stepped in, as the law empowers it to do, and set up its own exchanges in those states that declined to create their own. The problem, which the Democrats might have anticipated if they’d bothered reading the law before passing it, is that the Affordable Care Act distinguishes between those exchanges created by the states and those created by the federal government, and it authorizes tax credits and subsidies only for state-created exchanges, helpfully identified in the text of the law as exchanges created by one of the fifty states or the District of Columbia. On top of that, a key feature of Obamacare’s complex architecture is that employers and certain individuals are subject to penalties only if those tax credits are available.

 

This created both a policy problem and a political problem for the Democrats: Without the subsidies and punitive taxes, those 34 federally created exchanges will collapse. At unsubsidized rates, premiums will exceed 8 percent of income for practically all of the residents of states receiving subsidies through the federal exchanges — which the Affordable Care Act defines as “unaffordable” — triggering exemptions from the individual mandate to purchase insurance. Which is to say, Obamacare would lose its power to bribe and its power to coerce simultaneously.

So the Obama administration has ordered its health-care enforcers at the IRS to ignore the law and offer the subsidies and credits through the federal exchanges as well. The IRS has no legal authority to do so, and Congress has appropriated no funds for the purpose of underwriting those subsidies. The president is ordering agents of the federal government to violate the law.

The text of the Affordable Care Act repeatedly distinguishes between state-created exchanges and federally created exchanges; the two kinds of exchanges are in fact created in entirely separate sections of the law, Section 1311 for the state exchanges and Section 1321 for the federal exchanges. The law authorizes tax credits and subsidies “through an Exchange established by the State under 1311.” It authorizes none for those created under 1321. This was by design: The authors of the law wanted the states rather than the federal government to create exchanges, partly for political purposes and partly for policy purposes. It is not an oversight that there is no authorization of subsidies for the federal exchanges — the law is designed that way intentionally, which is why the qualifier “established by the state” appears repeatedly throughout its discussion of subsidies and tax credits.

Those who have been seeking to force the Obama administration to follow the law have had a rough go of it in the courts, with Judge Paul Friedman of the U.S. District Court for the District of Columbia exercising maximum judicial imagination to uphold the president’s distilling out of thin air new broad powers for the IRS authorized by no law. Judge Friedman’s legal reasoning is faulty, in no small part because, as Jonathan Adler notes at the Volokh Conspiracy, he “seemed not to understand how the PPACA became law.” Among other things, the judge cites House legislation in support of the Obama administration’s case, but the ACA was a Senate creation, and the House legislation was never merged with the Senate bill and therefore never became law. The Senate bill was famously passed through the reconciliation process with limited amendments and is a very different sort of law from what the House bill was.

President Obama is no doubt disappointed and exasperated by the obduracy of the majority of the states in refusing to go along with his signature health-care program. He should remind himself, or be bluntly reminded, that we write down our laws for a reason, that reason being that the rule of law has proved itself infinitely preferable to arbitrary big-man government. Barack Obama was elected and he was reelected, but he has not yet been offered coronation, and is therefore obliged to follow the law like the rest of us — even a law so deformed, unfinished, and sent before its time into this breathing world scarce half made-up as the Affordable Care Act.

As somebody once said: “It’s the law.”

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… Now , Another ObamaCrapCare Delay …

Posted by paulfromwloh on Monday,March 31st,2014

.. yep , they did it again .

.. ObamaCrapCare has been delayed again , for a month .

.. as was put by the Department of H.H.S. , supposedly , ” We do not have the statutory authority … ” .

.. oh , so how do you have the legal ability to give out another one – month extention …

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… Where is the Rule of Law ?? [ObamaCrapCare] …

Posted by paulfromwloh on Monday,March 17th,2014

.. indeed , where is it ?

.. Peggy Noonan put it well …. is there an ObamaCrapCare law still around ??

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

.. as usual , a big thank you to the Media Research Center (and MRCtv) for the TV footage of the sunday show in question [ABC , with This Week with George Stephanopoulos] …

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… Asset Seizure / Forfeiture [#I.R.S.] …

Posted by paulfromwloh on Monday,February 3rd,2014

.. unfortunately , the I.R.S. can pull stunts like this , on very little evidence , or even no evidence at all …

.. the I.R.S. , ideally , should be able to show some sense of illegality involved . They do not have to under the Internal Revenue Code …

.. [h/t — HotAir.com]…
.. [link] to the blog news …

.. you see this a great deal more these days , by many law enforcement agencies . AT least they are supposed to have some legal finding that can be presented in court . The I.R.S. generally does not have to do so …

.. the burden of proof in a proceeding against the I.R.S. is against you . you have to prove that the funds seized were gained as a result of a lawful enterprise . Ditto any non – cash asset seized . They do not have to do so , until you have met the burden of proof …

.. there are times like this that you can fight with a C.P.A. . In order to fight with the I.R.S. in a pissing match like this , you really need a tax specialist who is a lawyer , or , better yet , a tax lawyer ….

.. God Bless , and Good Luck ! …

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… Obamaphobia is …

Posted by paulfromwloh on Tuesday,June 18th,2013

.. standing for the rule of law  , not the rule of one man ..

.. standing for the rights of the individual , not the rights of a group ..

.. traditional judeo – islamic – christian values , which , when practiced the way they are supposed to be , are not mutually exclusive of each other , or to each other ..

.. the proper separation of powers , where the branches support each other , and their roles , not obstruct each other , and intefere with their work ..

.. religious liberty , not atheistic tyranny ..

.. I have more , add your own , please , keep it clean ! ..

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