Tuesday, June 30, 2009

California DREAMING

When I woke up this morning the LAST thing I had planned to do was write anything of a political nature. I was working on a nice blog article about the passing of Farrah Fawcett, which has all but disappeared from the public notice in the media tsunami over the equally untimely and tragic passing of Michael Jackson. So there I was writing my little personal tribute to the woman whose face and figure helped get me through the "awkward" phase of adolecense when I heard President Obama's dulcet tones telling us that we should model our national energy policy after that of the State of California, and that we as a country should be more like California. So much for the Farrah piece because I can't let a man with such a large microphone spew out inaccurate, false, and deliberately misleading statements without challenging them. This is supposed to be the job of the press, but since they are too busy obsequiously fawning over their hand-picked and annointed messianic symbol to do their JOBS, I guess it will be up to people like me, so here goes. I lived in California in the Reagan 80's and even then, California had a serious pollution problem. I remember in Los Angeles, we got daily smog reports with the morning weather and traffic, and as long as I can remember, California cars have had significantly stricter requirements for automotive emissions than the rest of the country. Despite all this, you could still see a brown smog cloud hanging over Los Angeles, especially in the summer months and it made being outside, nearly unbearable at times. Clearly some reforms were needed, and they were being undertaken by the last good Republican governor to run the Golden State, Pete Wilson. When Californians elected liberal democrat George Dukmejian, the enviornmentalists where pretty much given the keys to the kingdom and free reign over the Sunshine State. I'm glad I got out of there before that happened, especially in light of what followed. To be fair to the environmentalists, the Golden State of California was a mess in many ways. We're all familiar with the story of Erin Brockovich, thanks to her book, movie, and portrayal by academy award winning actress Julia Roberts. She took on the largest power company in the state over the issue of toxic waste coming from a power plant. When Dukmejian was elected, he targeted the largest power companies in the state, forcing them to close a number of power plants deemed hazardous to the environment. This is all well and good, but if you take power plants off line, what happens to the power they generate? Do we stop using less just because we're making less? In the case of California, the power companies tried to make up the shortfall by rehabilitating some of the closed plantsto bring them back online. This was rejected by the government. The utility companies then wanted to build a nuclear power plant as nuclear power is cheaper and less polluting than coal or oil run plants, but thanks to the specters of 3 Mile Island, Chernobyl, and The China Syndrome, the state refused to allow nuclear power. The companies attempted to increase output from the remaining plants, but consumption was too high. This forced the power companies to make up the shortfall by buying electricity from out of state companies at a premium. As businesses do, they pass their cost increases down to their customers, and California residents saw their power bills increase exponentially. This is something we might ALL be able to relate to soon, if Cap n' Trade passes in the Senate and gets signed into law by The ONE, himself. When people are unhappy the complain to their representatives and the unhappy Californians were no different. The problem is, that when you ask politicians to solve a business problem you get a political rather than an effective solution. The same held true in California, and instead of allowing the power companies to create more power by opening a plant or easing environmental restrictions, the government of California decided to regulate the rates utility companies could charge their customers, regardless of the costs those utility companies incurred to produce that energy. This created an inbalance which the government then offset by paying subsidies for the power purchased from out of state. All was well for a time. The people were happy because their utility bills were leveled off, the government was happy because the people were happy, and the power companies were not quite as happy, but they weren't hemorrhaging money so they weren't unhappy. This would have gone on smoothly, but as i pointed out earlier, the state was being overrun by the enivronmentalists and their lobbyists. This resulted in more and more regulation and restrictions on the power plants, which in turn resulted in decreased power production and increased purchasing of power from outside the state and premium rates. The subsidies in place were no longer adequate and the State of California refused to either increase the subsidies, or relax the regulations to allow the power companies to generate more of its own power. The power companies then made the decision produce as much of its own power as it could given the regulations, purchase only as much additional power as the subsidies would cover, and if that weren't sufficient, then there would be blackouts. To minimize the discomfort to the residents, the blackouts were allowed to roll from one end of the st ate to the other keeping the outages to a minimum, and the inconvenience to the residents to a minimum. These rolling blackouts earned then Governor Grey Davis the less-than-flattering nickname of "Grey-Out Davis." They also got California's legilslators costituents calling their representatives again. Consequently, Governor Davis and the legislature decided to increase the subsidies to the power company to stop the blackouts, but then decided to announce an increase in the state's property taxes to help pay for it. That tax increase announcement was the straw that broke the camel's back and caused the citizens of California to rise up, recall, and replace Gov. Grey-Out with Arnold Schwarzenegger, a.k.a the Governator. Whether that was a good thing or not is a matter of public debate. I won't get into that issue here. In conclusion Mr. President, if we're going to emulate any policy of California, it should NOT be an economic or ENERGY one. We don't need skyrocketing utility bills or rolling blackouts on a national level. We also don't need to be swimming in a sea of red ink that makes the Red Sea look like a kiddie pool by comparison. If there is ANY policy of California we might WANT to emulate on a national level, I vote for the ability to recall and ineffective or downright dangerous chief executive. THAT policy I could support with a clear conscience.

Wednesday, June 3, 2009

His-PANIC!

When Barak Obama was elected, I PRAYED that his term would pass without any of the nine Supreme Court Justices retiring or passing on.  I only asked for a four year moritorium because I believed then, as I believe even more NOW, that he will be a one-term President.  I also believed that he would, at some time, overreach his authority as President and perform some act that he was not constitutially empowered to do and, in this area, he did NOT disappoint me.  Thanks to his unprecendent seizures of banks and auto companies and, his forcing salary caps and bonus restrictions on private companies, as well as his firing of General Motors' CEO Rick Wagner; and, his strong-arming of a bankruptcy court judge to deprive Chrysler and General Motors' bondholders and shareholders of their rights under federal laws, he has opened himself and his administration up to legal and political drama.

 Clearly, there are numerous grounds for legal challanges against this administration.  In our entire history there has only been one attempt to nationalize a private enterprise and that occurred when Harry Truman attempted to nationalize the steel industry during the Korean war.  Now granted, this was about settling a strike that was hurting our war effort, but notwithstanding this, the courts struck this down as unconstitutional and that case is controlling to date.  A legal challenge against these actions is the only recourse we have to protect our private property rights.  As voters, we can do nothing against this administration before November, 2012. However, the bondholders and shareholders can take the administration to court to seek injunctive relief.  Due to the unprecendented nature of events, any such challenge would likely reach the Court of Appeals, or even the Supreme Court.

Into this muddled morass of facts and circumstances comes the Hon. Sonya Sotomayor, the nominee for the position of Associate Justice of the United States Supreme Court being vacated by the current Justice, the Hon. David Souter.  Justice Souter was appointed to the bench by President George H.W. Bush, and was believed to be a conservative leaning Judge at the time of his appointment.  Contrary to this belief, Justice Souter has ruled with the liberal justices more the sixty-five percent of his time on the bench.  Clearly, replacing him with an equally liberal justice does nothing to change the balance on the court at this time.  Still, every prospective justice should receive proper vetting by the United Sates Senate prior to his or her confirmation, and this is where we find outselves.

Sadly, there is more to this story because the liberal Democrats of the Senate, as well as the White House Press Secretary are playing traditional identity politics with this nomination.  They are doing the typical quota-filling tokenism with this nomination, and they are daring those on the right to "proceed at their peril" when it comes to the vetting process required by law.  They are betting that any challenge to this nominee will cost the Republican party any propect of support from the Hispanic community in upcoming elections.   Where was this concern for THEIR support from the Hispanic community when THEY were ripping into Alberto Gonzales? The simple answer is that is was nowhere to be found.  This is probably because it is all a load of BULL.

What the press may not want you to remember is that the senate democrats demonstrated the very bigotry then now warn the republicans not to display when it came to the nomination of the  Honorable Miguel Estrada, to the Court of Appeals.  Miguel Estrada is a judge with an American story every bit as impressive as Judge Sotomayor's is.  Why then, you may ask, is there not an Appellate Court Judge named Miguel Estrada?  The answer is a bit more complicated.  Liberal democrats have this "token" mentatlity when it comes to minorities.  They like to be the first to put a "first" in a position of authority or responsibility.  That would not have been a bar here as there were already Hispanic judges at the Appellate Court level, namely Judge Sonya Sotomayor.  And what was their excuse for the treatment shown to Alberto Gonzales when he was nominated for Attorney General.  He, too had a very compelling American story, but that didn't seem to matter to the senate democrats, including the self-righteous Senator from New York, Charles Schumer, and the junior Sentaor from New York, Hillary Rodham Clinton.

The actual reason there is no Justice Estrada on the Court of Appeals has nothing to do with his being an Hispanic, and EVERYTHING to do with the fact that he believes the role of a Judge is to take the laws written and enacted by the legistlature (i.e. the Constitution), and apply it, as written, to the fact pattern of the case at bar.  This is the mark of a CONSERVATIVE judge.  Now in contrast to this, the liberal democratis believe that it is the role of the judge to write new legistlation from the bench if the laws on the books do not comply with said judge's political ideology.  This is the mark of a LIBERAL judge, or judicial activist as they are sometimes called.  This is the contrast between what liberal democrats want in a Supreme Court Justice and what conservative republicans want in a Supreme Court Justice.  Clearlly there are maked differences between the two, and it is those differences that need to be fully exposed during the confirmation hearings. 

Barak Obama is a liberal democrat, and notwithstanding the fact that his is himself a constitutional scholar, clearly favors the liberal activist judge model.  He would not have nominated Judge Sotomayor if he did not belive she shares his belief that it is the role of the judge to make law from the bench, a function NOT intended for judges by our founding fathers when they penned the Constitution.   The founding fathers built in a system of checks and balances to keep any one branch of the government from becoming more powerful than any other.  The founding fathers intended for elected legistlators ALONE to write laws, and for the President alone to be able to approve or veto them.  This is because these officials are the only ones accountable to the voting public. 

 The role of the Supreme Court and the federal judiciary is to safeguard the Constiution and ensure that neither legislators nor Presidents would enact laws that were contrary to the tenets of the Constitution.   They did this to ensure that neither political expedience or popular prejudices would upset the balance of power and emperil the rights of American citizens.  The founding fathers intended the rule of law to be sacrosanct and for the government to honor contracts and respect private property rights and individual freedoms of all citizens, except under such circumstances as conviction of a crime or enforcement of a civil judgment.  The conduct of this administration flys in the face of these protections and clearly warrants a judicial review.

In the hearing for Judge Sotomayor, you will not hear a peep from the democratic senators about the role of the judge, judicial activism, or anything else that could be perceived as a negative against this Judge.  Just like President Obama, the liberal democrats in the Senate believe this nominee is EXACTLY what they want, an activist judge who legislates from the bench, and they will do NOTHING to expose this and emperil their nominee.  It is left to the republicans in the senate to actually do their jobs and show the American people what kind of judge this nominee actually is, and to further illustrate to the American public the contrast between what democrats want in judges and what republicans want in judges so that the people can decide for themselves who best represents their interests in these and and other matters.

It is these distinctions between republicans and democrats that have been sorely lacking in the past eight years.  Ive often posed the question: "Are congressional republicans transvestite or transsexuals?"  Now before the gay rights types go nuts on me, it should be clearly understood that the vast majority of transvestites are HETEROSEXUALS, so there is no homophobic intent here.  I merely pose the metaphor because I can't decide if congressional republicans are merely dressing and acting like democrats, e.g. transvestite, or if they've had full gender reassignment surgery to become democrats, e.g. transsexuals.  In the case of Senator Arlen Specter, this is no longer a question.  He's CLEARLY a post-op democrat.  The jury's still out on Senators Susan Collins, and Olympia Snow.  I'm reasonably secure in declaring John McCain a transvestite in this metaphor.

While the republicans clearly must distinguish themselves from their democratic counterparts and actually DO their jobs vetting this candidate, they must also beware and avoid falling into the trap set for them by those very democrats.  To do this, they need to avoid the Rush Limbaugh example of comparing Judge Sotomayor to David Duke.  To be fair, Rush never actually did this, but the facts are irrelevant to the liberal media and he's been widely reported as having done this.  While Rush can defend himself, quite ably, the example is very real.  Republican Senators and political pundits alike must avoid the race issue altogether.  In the first place, it's irrelevant.  Nobody, including Rush Limbaugh and Ann Coulter, thinks that Judge Sonya Sotomayor is anything like David Duke.  The comparison is ludicrous at best and to make it puts the republican party at real risk of coming off to the Hispanic voters as being either racist or xenophobic.   

The way to avoid this trap is simple.  Treat Judge Sotomayor first and foremost as a qualified judge with an inspirational American story and an equally impressive ciriculum vitae, as well as a seventeen year history that reveals how she interprets and applies existing laws to the fact patterns of her various cases.  Use the facts and judgments in these cases to show clearly how she interprets the role of a judge in constitutional questions and bring out facts that support her comment that it is actually the appellate court judge that makes law and sets policy.  Also, bring out the fact that she has been reversed three out of her six times on appeal to higher courts, including the Supreme Court to which she now apires to sit.  Lastly, show her the deference and respect you would show any woman in her position.  Do that and you will not antagonize or alienate the Hispanic community,  Most importantly, you must give people a choice if you wish them to make one so the differences between senate republicans and democrats must be clearly illustrated.

The worst thing republican senators can do is try to play to the media.  This is a losing proposition from the very start.  For a republican, you will be about as successful in appeasing the press as Prime Minister Neville Chamberlain was in trying to appease Adolf Hitler.  It's NOT gonna happen, because neither Hitler, nor the press, come to the table with honest intent.  No matter what republicans do, they're gonna be shredded in the press.  If they go soft on Judge Sotomayor, theyre going to be portrayed as weak and innefectual, a judgment that will be SHARED by their voting constituents.  If they do their jobs and bring out the truth about the judge, they will be portrayed as racist, sexist, and mean spirited for sure, but this is irrelevant because regardless of any spin applied by reporters or pundits, the viewing public will also see the tape of the hearings themselves and no one will doubt the evidence of their own eyes, especially if the press reports to the contrary.  No one trusts the media anymore, so don't worry about that audience.

As for the Hispanic community, if you don't disrespect the judge personally or make any derrogatory statements about her race or anything personal to her as a woman, you won't have a problem there, either.  Trust that our fellow Americans are not blind to liberal hypocrisy, which is about the only thing that is transparent about them.  In this, they are as transparent as Saran Wrap.  Contrary to the liberals world view, Hispanics are a proud and diverse group.  They do not see themselves as "victims" and will not forgive the liberals for their condescension and hypocrisy when it comes to their treatment of minorites.  It is pure hubris on the part of the liberal democrats to think that any minority group "needs" their largesse in this day and age.  No one, least of all Hispanic Americans, wants to dine on government cheese.   We tried that for the three decades between the 1960s and the 1990s.  It was called welfare and it was a liberal democrat named Bill Clinton that ended it.  

In summation, the gauntlet has been thrown down by the evil Sir Charles of Schumer. Republican senators must now do what medievil knights have always done in this situation.  They must pick up the gauntlet, slap the said Sir Charles of Schumer across the face, forcefully (figuratively speaking, of course), draw their swords, and engage the challanger in combat.  Retreat is not an option, because then as now, if you retreat, you will lose your honor, integrity, and in all likelihood, your jobs.  Accordingly, I say this to the senate republicans: "DO your jobs and vet this judicial nominee thoroughly and respectfully if you want to KEEP your jobs in the next elections; and, most of all, do not PANIC,