Friday, December 28, 2007

Wrap-up of the 17th Amendment on the Web, 28 December 2007

Since the last wrap-up the number of hits on the internet has fallen. Notable are the first four. The first Compromise and utopianism highlights the march for “more” democracy; the second Congress should nix the Electoral College, is a call for further dismantling of our founders efforts; the third Senate Passes $555-Billion Spending Bill, is from me, highlighting the $555 billion Omnibus spending bill, which should be cause for alarm for all Americans. The fourth, Contingent Freedom, provides a historical examination of the 16th and 17th Amendment, and the Federal Reserve Act, and how these measures affect our freedom.

Best regards,

BD

Compromise and utopianism
By Sandy Levinson(JB)
After all, the 17th Amendment finally got through the Senate in part because of a fear that enough states would call for a constitutional convention on the issue of popular election. Can the American political system really not run and ...
Balkinization - http://balkin.blogspot.com/

Congress should nix the Electoral College
Cherry Hill Courier Post - Cherry Hill,NJ,USA
In 1913, Congress passed the 17th Amendment, allowing voters to elect US senators. The New Jersey Assembly earlier this month approved a compact that would ...
See all stories on this topic

Senate Passes $555-Billion Spending Bill
By Brian
Senate passes $555-billion spending bill; By Noam N. Levey, Los Angeles Times; December 19, 2007. Congressional Democrats' yearlong campaign to bring the war in Iraq to an end concluded with a whimper Tuesday as the Senate failed again ...
Repeal the 17th Amendment - http://repealthe17thamendment.blogspot.com/

Contingent Freedom
The Conservative Voice - Kernersville,NC,USA
During the period that the Federal Reserve Act was passed, so too was the 16th and 17th Amendment to the Constitution. Of course, many people tend to ...

Institutionally protected federalism under Direct Representation
By jsalvati
... a form of proportional representation, and the institutional protection of federalism by having state governments at least partially elect the national government, as was the case in the US before the 17th Amendment. ...
Good Morning, Economics - http://goodmorningeconomics.wordpress.com

Repeal The 17th Amendment
By SeanW
But the 17th Amendment changed that. Now, as we know, Senators are elected by popular vote. They no longer must answer to their own state government. And they have FAR too much power because of it. read more.
Ron Paul 2008 Revolution - Ron... - http://www.dailypaul.com/taxonomy/term/177/0

We the People
By Patrick Fisher
AMENDMENT XVII Passed by Congress May 13, 1912. Ratified April 8, 1913. Note: Article I, section 3, of the Constitution was modified by the 17th amendment. The Senate of the United States shall be composed of two Senators from each ...
One Love - http://xpfishx.livejournal.com/

The Senate According to the Constitution
By To Be in America
From the beginning, senators were divided into three groups for staggered elections, so that one-third of the seats are filled every two years. The italicized parts, regarding the filling of vacancies, were altered by the 17th amendment ...
To Be in America - http://tobeinamerica.blogspot.com/


Lott Says Lobbying Is A New Career Possibility; What a Surprise!

Lott says lobbying is a new career possibility; By Emily Wagster Pettus; AP; 22 December 2007.


U.S. Sen. Trent Lott, R-Miss., resigned late Tuesday after 35 years in elected office - 19 in the Senate and 16 in the House. Here are excerpts from Lott's interview Wednesday with The Associated Press in Jackson. He spoke by telephone from his Washington office:

AP: Is lobbying one of the options for you?

Lott: "Yes, it is, although you have to carefully comply with all of the rules. I think the truth of the matter is, not a lot of senators do what you would call the traditional lobbying. They do more in terms of strategy or consulting on what's going on in the Congress or in the government and give advice about how to deal with that. I guess that's possible."

Read the rest of the article here.

Comment: Should we expect anything less from a man that helped make the federal government bigger?


Thursday, December 27, 2007

Senate Passes $555-Billion Spending Bill

Senate passes $555-billion spending bill; By Noam N. Levey, Los Angeles Times; December 19, 2007.

Congressional Democrats' yearlong campaign to bring the war in Iraq to an end concluded with a whimper Tuesday as the Senate failed again to pass a timeline for withdrawing U.S. troops from the conflict.

As they have all year, Senate Republicans prevented the move to set dates by which the president would have to begin and complete bringing American forces home.

And Democratic leaders gave in to demands from the Bush administration for more money for the war without any congressionally imposed restrictions. The latest $70 billion in war funding was incorporated into a $555-billion omnibus spending bill that will fund most of the federal government next year.

"In the end, we had very little leverage to do anything," Sen. Bill Nelson (D-Fla.) said as the once-heated war debate closed with little suspense and no drama.

Senators spent as much time Tuesday delivering tributes to retiring Mississippi Sen. Trent Lott -- the chamber's No. 2 Republican, who is leaving in the middle of his term -- as they did debating the war.

The four senators seeking the Democratic presidential nomination -- Joseph R. Biden Jr. of Delaware, Hillary Rodham Clinton of New York, Christopher J. Dodd of Connecticut and Barack Obama of Illinois -- missed the debate.

And even the most fervent antiwar groups seemed resigned to defeat. Tuesday afternoon, a pair of Code Pink protesters, members of a group that all year has disrupted congressional hearings and committee meetings on the war, stood quietly in a corridor connecting the Capitol with a Senate office building.

House and Senate Democratic leaders, who have been laboring for months on the long-overdue spending measure, had pledged this fall to resist White House pressure to approve unrestricted funding for the war in Iraq, as they did earlier this year.

Democrats dismissed Pentagon warnings that the lack of funding would create massive disruptions for the military.

And on Monday, the House passed a $516-billion version of the omnibus spending bill that did not include Iraq funding; House leaders limited war-related money to use in Afghanistan.

But that approach didn't stand a chance in the closely divided Senate, where the 49-member Republican caucus has been able to block Democratic restrictions on the war all year.


Tuesday was no different.

Sen. Russell D. Feingold (D-Wis.), backed by Senate Majority Leader Harry Reid (D-Nev.) pushed a proposal to require the withdrawal of most U.S. troops within nine months.

It won just 24 votes, far shy of the 60-vote supermajority required for amending the spending bill. Not a single Republican voted for it.

In a separate bid to get more GOP support, Senate Armed Services Committee Chairman Carl Levin (D-Mich.), who has helped lead the Senate Democratic legislative campaign on the war, backed away from his yearlong effort to push for a withdrawal timeline.

Instead, he offered a nonbinding measure that simply urged the president to begin limiting the mission of U.S. troops in Iraq to protecting American personnel, training Iraqis and conducting counterterrorism operations.

The proposal, which closely resembled a compromise proposal that had been pushed all year by Sens. Susan Collins (R-Maine) and Ben Nelson (D-Neb.), set a goal of completing the transition by the end of 2008.

Sen. George Voinovich (R-Ohio), who has not previously voted for legislation challenging the president's war strategy, agreed to cosponsor the amendment. But Levin's proposal still attracted just six Republican votes and fell 10 short of the 60-vote threshold.

By contrast, the move by Senate Minority Leader Mitch McConnell (R-Ky.) to attach additional Iraq war funding to the spending bill got 70 votes, as 21 Democrats and an independent joined 48 Republicans in backing the proposal.

"Attacks on American troops are down. Civilian casualties around Baghdad are down," McConnell said. "A lot has changed in Iraq. And here in Washington, we should take notice. . . . We must not impose an arbitrary timeline for withdrawal."

Sen. John McCain of Arizona, the only GOP presidential contender in the Senate, spoke passionately in favor of additional funding for the war and voted against the Levin and Feingold measures.

The omnibus bill, including the war funding, passed the Senate 76-17. It will now go back to the House, where a coalition of Republicans and centrist Democrats are expected to provide enough votes to send it to President Bush. The White House has indicated he will sign a measure that provides unrestricted money for the war.

Feingold, who has pushed his Democratic colleagues all year to take on the president more aggressively, struck a defiant tone in the face of the latest defeat on Capitol Hill for war opponents.

"We have a lot of important priorities here, but nothing is more important to me or my constituents than ending this disastrous war," Feingold said on the Senate floor.

"As I do every year, I held a town hall meeting in every county in Wisconsin this year," he said. "They weren't asking us to give the president more time for his so-called surge. Like Americans all across the country, they want an end to this war, and they want to know what's stopping us."

But the tumult that gripped the Capitol earlier this year when congressional Democrats began their push against the president's troop escalation was notably missing Tuesday.

And the vote tallies underscored how little progress Democrats have made in the face of Republican opposition this year. With only 50 votes, the Levin measure fared no better than earlier proposals that failed in July and November. Feingold's proposal -- though it had a record 17 cosponsors, including California Democrat Barbara Boxer -- attracted five fewer votes than it did in May.

Comment: One of the central arguments for repealing the 17th Amendment is preventing the abusive pork spending such as occurred in this bill. Certainly having the rightful authority restored to each State would provide greater accountability, but until the brain numb general pubic wakes up to the unbelievable growth of the national and federal governments, and changes their perspective toward “hand outs” at the expense of running up the national debt, this country will continue to suffer under the likes of these folks in the Senate.

Security Verses Privacy in Senate

Security vs. privacy in Senate; Vote on phone tap rules put off till January; FREE PRESS NEWS SERVICES; December 18, 2007.

After hours of debate over whether the need to eavesdrop on potential terrorists outweighs citizens' expectations that private communications remain private, the Senate late Monday delayed a vote on an eavesdropping bill until January.

Majority Leader Harry Reid said more than a dozen amendments were planned, without enough time to manage them.

At issue is an update to the 1978 Foreign Intelligence Surveillance Act, which dictates when federal agents must get court permission before tapping phone and computer lines in the United States to gather intelligence on possible foreign threats. Lines outside the country can be tapped without court permission.

The question is what to do with telecommunications companies that helped with government phone taps after the 9/11 attacks. The surveillance was done without permission from the secret court created 30 years ago to protect Americans from unwarranted government intrusions on their privacy.

"For the last six years, our largest telecom companies have been spying on their own American customers," said Sen. Christopher Dodd, D-Conn., a presidential candidate.

About 40 lawsuits are pending against the companies -- AT&T Inc., Sprint Nextel Corp. and others -- alleging violations of communications and wiretapping laws.

The suits claim that millions of records of Americans' phone calls and e-mails were analyzed. The amounts sought by the suits add up in the billions.

The White House threatened a veto of any bill that doesn't provide retroactive immunity, saying that if the cases proceed they could reveal information that would compromise national security.

The Senate Intelligence Committee's version of the bill provides it; a competing version from the Judiciary Committee does not.

Among the potential amendments is one by Sen. Arlen Specter, R-Pa., who wants the government to stand in for telecommunications companies as the defendant in the cases. The Judiciary Committee didn't put such a provision in its version.

Sen. Dianne Feinstein, D-Calif., introduced an immunity amendment that would leave it to the 15 judges on the special court to decide whether the companies merit protection from lawsuits.

The new bill would replace a temporary eavesdropping law Congress passed in August. That law, which expanded the government's authority to listen in on U.S. communications without court permission, expires Feb. 1.

The White House wants permanent new legislation, contending that changes in technology have made the 1978 law an obstacle to intelligence gathering.

It requires the government to get court approval before conducting electronic surveillance on U.S. soil, even if the target is a foreign citizen in a foreign country. But many international communications are now routed through fiber-optic cables and computers in the United States.

The White House wants authority to monitor foreign communications involving Americans without first getting court approval, as long as the American isn't the intended target of surveillance.

Thursday, December 20, 2007

Gun Owners Get Stabbed In The Back

Veterans Disarmament Act on its way to the President

From Gun Owners of America:

Gun Owners of America and its supporters took a knife in the back yesterday, as Senator Chuck Schumer (D-NY) out-smarted his congressional opposition into agreeing on a so-called "compromise" on HR 2640 -- a bill which now goes to the President's desk.

The bill -- known as the Veterans Disarmament Act to its opponents -- is being praised by the National Rifle Association and the Brady Campaign.

The Brady Bunch crowed "Victory! U.S. Congress Strengthens Brady Background Check System." The NRA stated that last minute changes to the McCarthy bill made a "good bill even better [and that] the end product is a win for American gun owners."

But Gun Owners of America has issued public statements decrying this legislation.

The core of the bill's problems is section 101(c)(1)(C), which makes you a "prohibited person" on the basis of a "medical finding of disability," so long as a veteran had an "opportunity" for some sort of "hearing" before some "lawful authority" (other than a court). Presumably, this "lawful authority" could even be the psychiatrist himself.

Note that unlike with an accused murderer, the hearing doesn't have to occur. The "lawful authority" doesn't have to be unbiased. The veteran is not necessarily entitled to an attorney -- much less an attorney financed by the government.

So what do the proponents have to say about this?

ARGUMENT: The Veterans Disarmament Act creates new avenues for prohibited persons to seek restoration of their gun rights.

ANSWER: What the bill does is to lock in -- statutorily -- huge numbers of additional law-abiding Americans who will now be denied the right to own a firearm.

And then it "graciously" allows these newly disarmed Americans to spend tens of thousands of dollars for a long-shot chance to regain the gun rights this very bill takes away from them.

More to the point, what minimal gains were granted by the "right hand" are taken away by the "left." Section 105 provides a process for some Americans diagnosed with so-called mental disabilities to get their rights restored in the state where they live. But then, in subsection (a)(2), the bill stipulates that such relief may occur only if "the person will not be likely to act in a manner dangerous to public safety and that the GRANTING OF THE RELIEF WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST." (Emphasis added.)

Um, doesn't this language sound similar to those state codes (like California's) that have "may issue" concealed carry laws -- where citizens "technically" have the right to carry, but state law only says that sheriffs MAY ISSUE them a permit to carry? When given such leeway, those sheriffs usually don't grant the permits!

Prediction: liberal states -- the same states that took these people's rights away -- will treat almost every person who has been illegitimately denied as a danger to society and claim that granting relief would be "contrary to the public interest."

Let's make one thing clear: the efforts begun during the Clinton Presidency to disarm battle-scarred veterans -- promoted by the Brady Anti-Gun Campaign -- is illegal and morally reprehensible.

But section 101(c)(1)(C) of HR 2640 would rubber-stamp those illegal actions. Over 140,000 law-abiding veterans would be statutorily barred from possessing firearms.

True, they can hire a lawyer and beg the agency that took their rights away to voluntarily give them back. But the agency doesn't have to do anything but sit on its hands. And, after 365 days of inaction, guess what happens? The newly disarmed veteran can spend thousands of additional dollars to sue. And, as the plaintiff, the wrongly disarmed veteran has the burden of proof.

Language proposed by GOA would have automatically restored a veteran's gun rights if the agency sat on its hands for a year. Unfortunately, the GOA amendment was not included.

The Veterans Disarmament Act passed the Senate and the House yesterday -- both times WITHOUT A RECORDED VOTE. That is, the bill passed by Unanimous Consent, and was then transmitted to the White House.

Long-time GOA activists will remember that a similar "compromise" deal helped the original Brady Law get passed. In 1993, there were only two or three senators on the floor of that chamber who used a Unanimous Consent agreement (with no recorded vote) to send the Brady bill to President Clinton -- at a time when most legislators had already left town for their Thanksgiving Break.

Gun owners can go to http://www.gunowners.org/news/nws9402.htm to read about how this betrayal occurred 14 years ago.

With your help, Gun Owners of America has done a yeoman's job of fighting gun control over the years, considering the limited resources that we have. Together, we were able to buck the Brady Campaign/NRA coalition in 1999 (after the Columbine massacre) and were able to defeat the gun control that was proposed in the wake of that shooting.

Yesterday, we were not so lucky. But we are not going to go away. GOA wants to repeal the gun-free zones that disarm law-abiding Americans and repeal the other gun restrictions that are on the books. That is the answer to Virginia Tech. Unfortunately, the House and Senate chose the path of imposing more gun control.

Comment: Sure you have the right to bear arms, but Congress is slowly legislating who can bear the arms.

Also remember the NRA (National Riflemen Association) assisted Congress in writing this law. Sure the NRA is there to protect the 2nd Amendment…right!

Senator Rock Star

Illinois Senator Barack Obama travels to Africa in this 2007 documentary for an examination of social situations on the continent as well as a personal exploration of his heritage. Highlights include visits to the South African prison where Nelson Mandela was held for 27 years and the Kenyan town where Obama's father was raised.



Comment: Yep Rock Star Senator Obama! Obama is going to solve all problems of a continent, and just maybe folks, the world! Maybe he should start with the State of Illinois, this is who he was elected to represent.

Grapevine-based Benny Hinn Ministries defies U.S. Senate

Grapevine-based Benny Hinn Ministries defies U.S. Senate; By Pegasus News wire; 8 December 2007.

Benny Hinn of Benny Hinn Ministries in Grapevine, recently announced that he will not respond to a Senate inquiry into preachers' salaries, perks and travel until next year. The Senate is investigating six Word of Faith ministries, only one of which, Joyce Meyer Ministries, has cooperated with the investigation.

Senator Charles Grassley, a Republican from Iowa who has spent the past half-decade investigating non-profits and who is also the ranking member of the Senate Finance Committee, sent lengthy questionnaires a month ago to six "Word of Faith" ministries to ensure that pastors were complying with IRS rules that bar excessive personal gain through tax-exempt work.

Several of the ministries are not cooperating with the Senator because, they claim, the IRS already keeps tabs on the pastors' finances. Grassley has responded by saying his previous investigations have unearthed lodes of information the IRS knew nothing about.

Comment: Is this really something the Senate should be involved with; really come on Grassley.

Bush Legal Docs Declare Him King, Senator Says

Bush Legal Docs Declare Him King, Senator Says – Updated; By Ryan Singel; Wired; December 07, 2007.

The Bush Administration issued legal opinions related to its warrantless wiretapping which said the president can violate his own executive orders and that the Justice Department must obey the President's legal decisions, according to a speech from Senator Sheldon Whitehouse (D-Rhode Island) on the Senate floor Friday. Whitehouse, along with senators on the Intelligence and Judiciary committee were granted access to the Justice Department's Office of Legal Counsel opinions in November after key senators agreed to push for amnesty for telecoms being sued for privacy violations.

Whitehouse's speech was the first to reveal the contents of those documents, which he pushed to get unclassified after viewing them in November. Whitehouse described the contents of three of the opinions as:

1. An executive order cannot limit a President. There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order. Rather than violate an executive order, the President has instead modified or waived it.

2. The President, exercising his constitutional authority under Article II, can determine whether an action is a lawful exercise of the President’s authority under Article II.

3. The Department of Justice is bound by the President’s legal determinations.

The executive order override opinion (if it is how Whitehouse describes it) would let the president override, without telling anyone, orders such as Executive Order 12333. That's the order that tells the nation's intelligence services what they can do in terms of intelligence, outside of laws passed by Congress. So for instance, in the past, those rules determined what how surveillance overseas affects Americans.

But Whitehouse says the documents he saw and took notes on in a secret room shows that the White House believes it is not bound by those rules, if it so chooses.

But what does this administration say about executive orders?

An executive order cannot limit a President. There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order. Rather than violate an executive order, the President has instead modified or waived it.

“Whenever (the President) wishes to depart from the terms of a previous executive order,” he may do so because “an executive order cannot limit a President.” And he doesn’t have to change the executive order, or give notice that he’s violating it, because by “depart(ing) from the executive order,” the President “has instead modified or waived it.”

So unless Congress acts, here is what legally prevents this President from wiretapping Americans traveling abroad at will: nothing. Nothing.


I for one, would really like to see the opinions for myself and to see what Balkinization's Marty Lederman (a former OLC lawyer) has to say (UPDATE: See Lederman below.).

But Whitehouse is no legal lightweight. He's a former U.S. attorney and Rhode Island Attorney General.

In a nutshell, these three Bush administration legal propositions boil down to this:

1. “I don’t have to follow my own rules, and I don’t have to tell you when I’m breaking them.”

2. “I get to determine what my own powers are.”

3. “The Department of Justice doesn’t tell me what the law is, I tell the Department of Justice what the law is.”

That said, the real meaning in these documents aren't so much the revelation that this Administration believes it is Kingly (especially in wartime).

The remaining questions are what did the Administration do with its royal powers, how does one roll them back and why is the Senate letting the King's sycophants in the telcom industry escape from the courts?

UPDATE: Marty Lederman, a fomer lawyer in the Justice Department's Office of Legal Counsel, sifted through Whitehouse's remarks and finds most of them overblown, except for the revelation that Bush likely did not follow Executive Order 12333 - the one that binds the intelligence community's spying on Americans.

That, according to Lederman, is huge:

Apparently -- and this is real news of the Whitehouse statement -- the President decided to secretly ignore Executive Order 12333, which, among other things, has long been the only real source (other than Fourth Amendment) of legal protection of the privacy rights of U.S. persons overseas vis-a-vis surveillance by the federal government. This is a gap in FISA that the 1978 Congress said it would get around to closing -- but it never did. And so the only thing standing between U.S. persons overseas and their own government snooping on them has been E.O. 12333.

If the President publicly rescinded 12333, there would be a huge outcry. It would prompt Congress to act immediately.

Which is presumably why he didn't do so in public. Whitehouse suggests that the President secretly transgressed 12333. If so -- if in fact the President chose to ignore 12333 without notifying the public or Congress, it's quite outrageous -- constitutional bad faith, really, to announce to the world that you are acting one way (in large part to deter the legislature from acting), while in fact doing exactly the opposite. It might even mean that the Administration allowed executive branch officials to mislead Congress by assuring them in testimony that 12333 remained a serious limitation on government surveillance. (Now that's something worth investigating.)

So Senator Whitehouse is basically correct when he characterizes the President as saying "I don’t have to follow my own rules, and I don’t have to tell you when I’m breaking them."

This might not be unconstitutional -- it might not even be illegal -- but it is a serious breach of faith, and a severe threat to the operation of checks and balances, if, indeed, the President has been secrecy authorizing violations of E.O. 12333.

Note: Bold font used by this blogger.

Comment: Here we sit following the days after 9-11 and our civil liberties are slowing and quietly being taken away from us by Congress, and the President is too frequently turning his back on the Constitution. While we can be assured that Senator Whitehouse is an opportunist and a partisan, his allegations do have merit. But where is the rest of the Senate? Well, looking the other way because they are not beholding to their state or the citizenry, but to the special interest lobbies that are intertwined with our leaders in DC. Truly there is a lack of balance in our government, but it’s we the people that are paying the price.

Senator Nanny Pushes Toy Reform

Senator pushes toy reform, tests find more lead; By Karey Wutkowski; Reuters; 5 December 2007.

A Senate leader said on Wednesday the U.S. agency in charge of toy safety needed to take immediate steps to restore consumer confidence, including improving recall information and ending industry-paid travel.

Democratic Sen. Dick Durbin, chairman of the subcommittee that oversees funding for the U.S. Consumer Product Safety Commission, also voiced hoped the Senate could approve a toy safety bill before the end of the year.

"We know the consumer safety system in America is broken," said Durbin of Illinois, also assistant Senate majority leader.


Comment: More nanny BS from Dick Durbin, and only he can save us.

Senator Proposes Substituting Feds for Spying Telcos in Wiretapping Cases

Senator Proposes Substituting Feds for Spying Telcos in Wiretapping Cases; By Ryan Singel; Wired: December 05, 2007.

As the Senate approaches debate on how much new access the government's spies should have to America's communication infrastructure, senators are still searching for ways to free the nation's telecoms from lawsuits accusing them of illegally helping the government spy on Americans, without giving them complete amnesty.

The Senate Intelligence committee's bill includes full amnesty that would halt the suits, while the Senate Judiciary committee couldn't decide and left it out entirely. Some are suggesting the fines be capped, others that the government pay any damages (indemnification).

On Monday, Senator Arlen Specter (R-Pennsylvania) announced a bill (.pdf) that would substitute the government for the companies in the suit so long as all of the wiretapping help done by the telcos happened after a written request from the government. The government would still get to play its state secrets card under Specter's proposal, which has successfully squashed almost every lawsuit filed directly against the government for its warrantless wiretapping program.

The Electronic Frontier Foundation issued a statement Wednesday, proposing that immunity be handled separately from the larger bill expanding the government's traditional surveillance powers.

"While EFF appreciates the attempt by Senator Specter to craft a compromise to save the litigation, the bill contains serious flaws that undermine the goal of allowing the courts to decide whether the carriers and the president broke the law when they engaged in over five years of warrantless surveillance of millions of ordinary Americans," said EFF Legal Director Cindy Cohn. "Given the gravity and unprecedented complexities of the issues raised by the carriers' demand for amnesty, Congress should not be rushed into action by an arbitrary deadline and should instead take the time to carefully consider Senator Specter's proposal as well as others."

Greg Nojeim of the Center for Democracy and Technology says the substitution isn't new and is constitutional.

Nojeim said the government made a similar substitution of itself for private corporate defendants when citizens sued some private companies involved in atmospheric nuclear tests.

It's unclear however why the Senate feels it necessary to interfere with the cases that are slowly working through federal courts. The Ninth Circuit has yet to even rule whether to toss all the suits because of the state secrets privilege or affirm a lower court ruling allowing some of the cases to proceed despite the state secrets claim.

But one can assume that the well-paid and well-connected telecom lobbyists are telling them that the cozy relationship between the nation's intelligence services and the telecoms will end unless Congress grants them amnesty for their law breaking.

Read the rest of the article here.



Comment: We are allowing these jokers in Congress to take away our freedom all because of FEAR. These folks are slaughtering the Constitution all for the fear of 50 or so radical Muslims. Think about it.

Sunday, December 16, 2007

Let It Bleed: Restoring the Republican Party

This is a very interesting speech given by U.S. Representative Thaddeus G. McCotter (11-MI). The Congressman draws heavily upon Russell Kirk and Wilhelm Ropke.

The critique is harsh, yet something that needs to be discussed among Republicans who care about the future of the party.

For Immediate Release
Wednesday, December 12, 2007
Let It Bleed: Restoring the Republican Party
U.S. Representative Thaddeus G. McCotter, Chair
House Republican Policy Committee
U.S. House Floor Special Order
December 12, 2007

Mister/Madam Speaker,

As my Republican party completes its first year in the minority since 1994, we find ourselves held in historically low regard by the sovereign American people.

To end this trend, Republicans must accurately assess our party’s past and present failings; and its future prospects of again providing Americans a meaningful choice between the major parties. This remains, after all, a party’s duty to the citizenry.

For my GOP to fulfill it, first we must bury our ideological dead.

Aftermath

Safely on this side of the cleansing mists of memory, it is chic to eulogize the late Republican majority. From the chattering class few insights emerge, for in the aftermath, only poetry is an apt epitaph:

The world is too much with us,
Late and soon;
Getting and spending we lay waste our powers;
Little we see in nature that is ours;
We have given our hearts away –
A sordid boon!

Such was the Republican bathos: a transformational majority sinned and slipped into a transactional “Cashocracy” – promises, policies, principles, all bartered, even honor. The majority now is of the ages, may it rest in peace…

And be redeemed.

Dirty Work

Once, George Santayana cautioned: “Those who do not learn the lessons of history are condemned to repeat them.” If our current Republican minority guilefully refutes or gutlessly refuses to admit, accept, and atone for the bitter fruits of its lapsed majority, it will continue to decline in the eyes of the American electorate. Thus, for the sake of our nation in this time of transformation, we must fully and frankly examine and understand the cardinal causes of the Republican majority’s recent demise; and, sadder but wiser, commence our Republican minority’s restoration as a transformation political movement serving the sovereign citizens of our free republic.

Through the Past Darkly Big Hits and Fazed Cookies

To begin, we must retrace our steps down a darkened alley of broken hopes to glean the essence of our party’s headier times, big hits and fazed cookies.

Though many of its legislative leaders may moot the point, two Presidents caused the 1994 Republican Revolution: Ronald Reagan and Bill Clinton.

The members of 1995’s new Republican Majority were Ronald Regan’s political children. From President Reagan, Republican Congressional revolutionaries inherited a philosophy of “politics as the art of the possible.” Cogently expressed by conservative intellectuals ranging from Edmund Burke to Russell Kirk, this philosophy’s central tenets held:

1. Men and women are transcendent children of God endowed by their Creator with inalienable rights.
2. Government was instituted to defend citizens’ inalienable rights and facilitate citizens’ pursuit of the good and of true happiness.
3. Over the generations, Divine Providence has established and revealed through tradition, prescriptive rights and custom within communities how order, justice, and freedom – each essential, co-equal and mutually reinforcing – are best arranged and nurtured for humanity to pursue the good and true happiness.
4. Human happiness is endangered by every political ideology, for each is premised upon abstract ideas; each claims a superior insight into human nature not revealed through historical experience; each proffers a secular utopia unobtainable by an imperfect humanity; and, each demands an omnipotent, centralized government to forcefully impose its vision upon an “unenlightened” and unwilling population.

This is the political philosophy and resulting public policies a once impoverished youth from Dixon, Illinois, Ronald Reagan, engagingly articulated to America throughout his Presidency in the 1980s. By 1994, the American people who, having taken Reagan at Russell Kirk’s word that “conservatism is the negation of ideology” and remembering its beneficent impact upon their daily lives, yearned for its return. For self-described Congressional Republican revolutionaries, this formed fertile electoral ground (one shaped as well, it must be admitted, by a host of unheralded and immensely talented GOP redistricting attorneys). But like all revolutions, the piece required a villain.

Enter President Clinton.

Exuberant at having defeated an incumbent President George H. W. Bush, Clinton mistook a mandate against his predecessor as a mandate for his own craftily concealed liberalism. In his first two years in the oval office, this mistake led Clinton to over-reach on “kitchen table” issues, such as raising taxes and socializing medicine. Daily, the four-decade old Democratic Congressional majority abetted Clinton’s radical policies; and across the political spectrum voters seethed.

Congressional Republicans bided their time, planned their revolution, and seized their moment. Led by their spell-binding and abrasive guru from Georgia, Congressional Republicans unveiled their “Contract with America” to much popular – if not pundit – acclaim.

Though much mythologized, if it is to prove instructive for the present Republican minority, this Contract can and must be placed in its proper perspective. A musical analogy is most elucidating.

When a reporter once praised the Beatles for producing Rock’s first “concept album,” Sergeant Pepper’s Lonely Hearts Club Band, John Lennon curtly corrected him: “It was a concept album because we said it was.” Lennon’s point was this: yes, the Beatles had originally set out to produce a concept album; but early in their sessions the band dropped any conceits to creating a concept album and recorded whatever songs were on hand. Recognizing their failure, the Beatles tacked on a final song, Sgt. Pepper’s Lonely Hearts Club Band (Reprise), to engender the illusion they had, after all, created a “concept album.” Importantly, when the band later tried to produce a true “concept album” and accompanying film, Magical Mystery Tour, the lackluster result was one of the Beatles’ few failed artistic ventures.

Similarly, Congressional Republicans’ “Contract with America” was a collection of specific policy proposals and concrete grievances against the incumbent Democratic President and his legislative allies. It possessed merely an implicit philosophy (one obviously harkening back to Reagan). Even less than Sergeant Pepper, the individual tracks of which have (mostly) stood the test of time, today many of the Contract’s specific proposals sound dated. But like Sergeant Pepper, what endures about the Contract is the fact it was marketed as a revolutionary “concept” in governance. Of course, it is not. The Contract was a suitable period piece which served its purpose – the election of Congressional Republicans in sufficient numbers to attain our party’s first majority in forty years. Nevertheless the Contact’s lack of a clearly enunciated political philosophy with immutable principles sowed the seeds of the subsequent Republican Devolution.

Therefore, if the current Republican minority buys into the myth and makes the Contract the basis of a derivative “concept” agenda, the GOP will be condemned to another forty-year Magical Mystery Tour through the political wilderness.

Out of Our Heads

This is not to say the members of 1995’s new Republican majority lacked a political philosophy or immutable principles. Quite the contrary: these members were steeped in the Reagan tradition. But after an initial rush of laudable accomplishments, the members found themselves trapped by the Contract’s inherent pragmatism and particularity. Absent a philosophical anchor in the Contract, members drifted into the grind of governance, which distorted Reagan’s philosophical principles for public policy into non-binding precedents for political popularity. Exacerbating this process, the new majority’s leaders, exuberant at having defeated an incumbent Democratic Congressional majority, mistook a mandate against their predecessors as a mandate for their own finitely posited conservatism. In its first two years in control of the House, this led the majority’s leaders to erroneously conclude it could govern as a parliament, rather than as a Congress equivalent in power to the executive branch; and they over-reached on key issues, most notably in the shut down of the United States government over the issue of spending. Artfully framed by President Clinton with sufficient plausibility as an irresponsible Republican ideological attack on good government, this moment marked the beginning of the Republican majority’s end - in point of fact, from the government shutdown to the present the House GOP Conference has never had as many members as it did in 1995.

Some persist in too facilely dismissing this Republican debacle as being due to Clinton’s superior messaging of the issue from his bully pulpit. This analysis is errant. The reason Clinton succeeded is the kernel of truth he wielded on this issue: House Republican leaders had stopped governing prudently in accordance with Reagan’s political philosophy of politics being the art of the possible and, instead, started acting belligerently in an ideological manner against the public’s interest. It is no an accident this battle fundamentally affected Clinton’s thinking and spurred his reinvention from a liberal ideologue into a pragmatic problem-solver and proponent of “good government.” Unfortunately, Clinton’s publicly applauded posturing as a “centrist” incensed the Republican majority; and accelerated their efforts to differentiate themselves from an unprincipled President by being increasingly ideological, which they confuted with being principled.

As this ideological fever progressed through 1996, too late did the new majority’s members intuit the political cost to candidates considered “ideologues.” The Republicans’ majority did survive the partisan carnage of Clinton’s overwhelming 1996 re-election, but the cycle’s cumulative effect was lasting and damning. Without gawking at the gruesome minutia of each ensuing GOP ideological purge and internal coup instigated by this election, we can note it spawned the unseemly political perversion of the House Republicans’ transformational majority into a transactional “Cashocracy.”

Beggars Banquet

Hubristically deemed by its leading denizens as a “Permanent Majority,” the GOP Cashocracy was a Beggars’ Banquet at taxpayers’ expense. The Cashocracy’s sole goal was its own perpetuation; and its Cashocrats and High Priests of Money-theism myopically chased this aim through pragmatic corporatism and political machinations.

Obviously, the Cashocracy’s cardinal vice was its conviction to survive for its own sake. Curiously, this is not the height of arrogance; it is the height of insecurity. Aware it stood for nothing but election, the Cashocracy knew anything could topple it. This fear cancerously compelled the poll-driven Cashocrats to grope for ephemeral popularity by abandoning immutable principles. Materialist to their core and devoid of empathy, the Cashocrats routinely ignored the centrality to governmental policies of transcendent human beings.

A Bigger Bang

This Cashocracy’s first cardinal facilitated its second: pragmatic corporatism. Ensconced in insular power, the GOP Leadership lived the lives of the rich and famous, despite their middling personal means, due to their new-found friends in the corporate and lobbying community. Cut off from Main Street, these GOP leaders embraced “K Street.” The desire was mutual, and the corporatists’ influence grew gradually but ineluctably. Closed within a corporatist echo chamber, the GOP majority became deadened to the tribulations and aspirations of real Americans, and came to measure the “success” of its pragmatic policies by their reception on K Street. Reams of measures spewed forth prioritizing the interests of multi-national corporations over the needs of middle class Americans.

In fairness, even without the Cashocrats’ incessant inducements, blandishments and bullying, the majority of GOP members truly did feel they were promoting the interests of their constituents. This belief was insidiously sustained by the Cashocrats grafting their pragmatic corporatism onto the philosophy of economic determinism. It was not an unforeseeable development. Akin to their conservative brethren who after the fall of the Soviet Union proclaimed the “End of History,” House Republicans convinced themselves the ideology of democratic capitalism was an unstoppable deterministic force predestined to conquer the world; and, on their part, they viewed their job as hastening its triumph and preparing Americans to cope with its consequences. Combined with the Cashocracy’s insatiable need of corporate contributions for its sustenance, this adherence to ideological democratic capitalism reveals how the Republican House majority helped President Clinton (whom they had unknowingly come to emulate and, likely loathe ever more because of it) grant the Permanent Normalization of Trade Relations to Communist China. With this enact of this legislation, the Cashocracy reached its political zenith and moral nadir, for it did not shape globalization to suit Americans’ interests; it had shaped Americans’ interests to suit globalization.

Sticky Fingers

The handsome rewards for such “courageous” legislation fueled the Cashocracy’s third vice, avarice. The process was both seductive and simple, especially in a materialistic town forsaking the qualitative measurement of virtue for the quantitative measurement of money. While this temptation is to be expected in a city where politicians “prove” their moral superiority by spending other people’s money, it was equally to be expected Republicans would collectively resist it.

They didn’t.

Earmarks, which began as a cost-saving reform to prevent federal bureaucrats from controlling and wasting taxpayers’ money in contravention of express Congressional intent, spiraled out of control once the Cashocrats and their K-Street cronies realized the process could be manipulated to direct any appropriation, however undeserving, to any client, however questionable. In turn, political contributions materialized from the recipients of these earmarks for the members on both sides of the aisle who dropped them into legislation, often times without the knowledge of or the appropriate review by their peers. The passage of policy bills, too, increasingly mirrored the earmark process, as special interest provisions were slipped into the dimmer recesses of bills in the dead of night. The outcome of this fiscal chicanery was an escalation of the K-Street contributions the Cashocracy required to attain its aim of perpetuating itself in power; and of the illegal perks required to sate the more venal tastes of some morally challenged members who are now paying their debts to society.

Black and Blue

Cumulatively, in addition to rendering it morally bankrupt, these three vices left the Cashocracy intellectually impotent. Tellingly, within this less than subtle and manifestly sinister system of earmarks and contributions, the Cashocrats’ greased the skids for their legislative “favors” by relegating the majority’s younger members to voting rather than legislating; ignoring these members’ qualitative virtues, ideals and talents; measuring these members by the quantitative standard of how much money they raised; and, thereby, condemning these members to the status of highly paid telemarketers. Having squandered this infusion of youthful energy and insight, the Cashocrats hailed the election of Republican President George W. Bush and handed him the nation’s legislative agenda.

At first, the Cashocrats’ subordination of their separate, equal branch of government to the executive branch bore dividends. But by 2006, when the failures of the Iraq War’s reconstruction policy and Hurricane Katrina’s emergency relief torpedoed Bush’s popularity, the latent danger to the Cashocrats of hitching their SUVs to the fortunes of a President was evident. Precluded from tying its vicarious popularity to Bush’s coat tails, the Cashocracy teetered beneath the gale force invective of the Democrats’ campaign mantra the Congressional Republican majority was “a culture of corruption” slothfully content to “rubber stamp” the failed policies of an unpopular President. Panic stricken, the politically tone-deaf Cashocrats urged GOP members to tout America’s “robust economy” and attack Democrats on national security issues. The innately materialist economic argument was doomed to fail, because the “robust” economy was not to be found in regions like the Northeast and Midwest. The latter argument proved unconvincing to an electorate convinced Iraq and New Orleans were GOP national security fiascos. And, finally, nothing could persuade an outraged electorate to return a Republican majority which, in the interests of perpetuating itself in power, failed to protect House pages from predatory members of Congress.

By election day the public had concluded the Republican majority cared more about corporations than Americans; and, when the tsunami hit, the Cashocracy crumbled down upon many now former GOP members, who became the last, blameless victims of its stolid cupidity.

In hindsight, the Cashocracy would best have heeded President Theodore Roosevelt’s warning:

“The things that will destroy America are prosperity-at-any-price, peace-at-any-price, safety-first instead of duty-first, the love of soft living, and the get-rich-quick theory of life.”

Exile on Main Street

December’s Children

Straggling back to Washington for the Republican Revolution’s death vigil, the 2006 election’s surviving GOP members bid anguished goodbyes to defeated friends and struggled to make sense of it all. Dazed and confused, some members managed to grasp the reality of their newly minted minority, while some still grapple with it. Out of this former group, a distinct vision has emerged concerning how House Republicans can revitalize and redeem themselves in the estimation of their fellow Americans.

Got Live if You Want It

“Restoration Republicans” are best considered Reagan’s grandchildren. Like their Reagan-Democratic parents, Restoration Republicans were attracted to our party by the intellectual, cultural, and moral components and proven practical benefits of philosophical conservatism. Transcending talking points and political cant, these Restoration Republicans’ are devoted to restoring human soul’s centrality to public policy decisions; and focusing these policies on preserving and perpetuating the permanent things of our evanescent earthly existence which surpass all politics in importance.

The enduring ideals of Restoration Republicans are succinctly enumerated by Russell Kirk in his book, The Politics of Prudence:

1. The conservative believes that there exists an enduring moral order.
2. The conservative adheres to custom, convention, and continuity.
3. Conservatives believe in what may be called the principle of prescription – that is, of things established by immemorial usage.
4. Conservatives are guided by the principle of prudence.
5. Conservatives pay attention to the principle of variety.
6. Conservatives are chastened by their principle of imperfectability.
7. Conservatives are persuaded that freedom and property are closely linked.
8. Conservatives uphold voluntary community, quite as they oppose involuntary collectivism.
9. The Conservative perceives the need for prudent restraints upon power and upon human passion.
10. The thinking conservative understands that permanence and change must be recognized and reconciled in a vigorous society.

Given how the Cashocracy repeatedly violated these principles during its descent into oblivion, and how the Democrats’ 2006 consequent rallying cry was “change,” this tenth ideal merits deeper contemplation. For to understand it fully is to fully understand why Restoration Republicans, who are convinced we live amidst a crucible of liberty, proclaim our minority must emulate and implement the philosophical conservatism of Ronald Reagan and the fiery integrity of Theodore Roosevelt in the cause of empowering Americans and strengthening their eternal institutions of faith, family, community and country. Again, Kirk:

“Therefore the intelligent conservative endeavors to reconcile the claims of Permanence and the claims of Progression. He [or she] thinks that the liberal and the radical, blind to the just claims of Permanence, would endanger the heritage bequeathed to us, in an endeavor to hurry us into some dubious Terrestrial Paradise. The conservative, in short, favors reasoned and temperate progress; he [or she] is opposed to the cult of Progress, whose votaries believe that everything new necessarily is superior to everything old.

“Change is essential to the body social, the conservative reasons, just as it is essential to the human body. A body that has ceases to renew itself has begun to die. But if that body is to be vigorous, the change must occur in a regular manner, harmonizing with the form and nature of that body; otherwise change produces a monstrous growth, a cancer, which devours its host. The conservative takes care that nothing in a society should ever be wholly old, and that nothing should ever be wholly new. This is the means of the conservation of a nation, quite as it is the means of conservation of a living organism. Just how much change a society requires, and what sort of change, depend upon the circumstances of an age and a nation.”

Love You Live

Kirk’s words compelled Restoration Republicans to empathetically assess our nation’s age and circumstances; and ponder the direction and scope of the changes our American community requires.

In making these determinations, Restoration Republicans draw parallels between and inspiration from America’s “Greatest Generation.”

Our Greatest Generation faced and surmounted a quartet of generational challenges born of industrialization:

1. Economic, social, and political upheavals;
2. A second world war against abject evil;
3. The rise of the Soviet “super-state” as a strategic threat and rival model of governance; and
4. The civil rights movement’s moral struggle to equally ensure the God given and constitutionally recognized rights of all Americans.

Today, our generation of Americans must confront and transcend a quartet of generational challenges born of globalization:

1. Economic, social and political upheavals;
2. A third world war against abject evil;
3. The rise of the communist Chinese “super-state” as a strategic threat and rival model of governance; and
4. Moral relativism’s erosion of our nation’s foundational, self-evident truths.

The critical difference between the challenges conquered by the Greatest Generation and the challenges crises confronting our generation of Americans is this: they faced their crises consecutively; we face our crises simultaneously.

In response to these generational challenges to our free republic, Restoration Republicans have drawn upon the roots of their philosophical conservatism to affirm the truth America does not exist to emulate others, America exists to inspire the world; and to advance the policy paradigm of American Excellence, which rests upon a foundation of liberty, and the four cornerstones of sovereignty, security, prosperity and verities.

Individually and collectively, American Excellence’s foundation and four cornerstones are reinforced by these policy principles:

1. Our liberty is granted not by the pen of a government bureaucrat, but is authored by the hand of almighty God.
2. Our sovereignty rests not in our soil, but in our souls.
3. Our security is guaranteed not by the thin hopes of appeasement, but by the moral and physical courage of our troops defending us in hours of maximum danger;
4. Our prosperity is produced not by the tax hikes and spending sprees of politicians, but by the innovation and perspiration of free people engaged in free enterprise.
5. Our cherished truths and communal virtues are preserved and observed not by a coerced political correctness, but by our reverent citizenry’s voluntary celebration of the culture of life.

Restoration Republicans conclude, therefore, we must be Champions of American Freedom in challenging new millennium to keep our America a community of destiny inspired and guided by the virtuous genius of our free people; and forever blessed by the unfathomable grace of God.


Metamorphosis

It will not be easy, given the root public policy question of our times. In the Age of Industrialization, President Theodore Roosevelt empathized with Americans’ feelings of powerlessness in the face of the economic, social and political forces radically altering or terminating their traditional, typically agrarian, lives. Writing years later in his book A Humane Economy, the economist Wilhelm Ropke examined the impacts upon human beings by these forces, which he collectively termed “mass society”:

“(T)he disintegration of the social structure (generates) a profound upheaval in the outward conditions of each individual’s life, thought, and work. Independence is smothered; men are uprooted and taken out of the close-woven social texture in which they were secure; true communities are broken up in favor of more universal but impersonal collectivities in which the individual is no longer a person in this own right; the inward, spontaneous social fabric is loosened in favor of mechanical, soulless organization, with its outward compulsion; all individuality is reduced to one plane of uniform normality; the area of individual action, decision, and responsibility shrinks in favor of collective planning and decision; the whole of life becomes uniform and standard mass life, ever more subject to party politics, ‘nationalization,’ and ‘socialization.’”

In that epoch, the root public policy question was how to protect Americans’ traditional rights to order, justice, and freedom from being usurped by corporate or governmental centralization. Aware of this quandary, T.R. responded by taming an emerging capitalist oligarchy which considered itself above the laws and, thereby, soothing the economic, social, and political anxieties of urban industrial workers which threatened the stability of our free republic. Over time, from T.R.’s seminal efforts arose the industrial-welfare state which, in a tenuous detente, divided solutions to Americans’ economic and social upheavals between and within both centralized corporations and government.

No Security

In this Age of Globalization, however, while Americans are vexed by their seeming inability to influence the potent economic, social and political forces radically reshaping their lives, American corporations are busy decentralizing into “virtual corporations” reliant upon the outsourcing of jobs to other nations to obtain lower labor costs and evade cumbersome domestic laws and regulations. Such “rootless capital” being sent around the world in a keystroke to more “competitive markets” has cost Americans their livelihoods; reduced their wages and employer provided benefits; diminished their unions’ memberships; eclipsed their optimism regarding our economy’s continued vitality; and, in cases of extreme economic distress and angst, destroyed their marriages and dreams for their children.

The failure to realize the seismic ramifications to normal Americans of this tectonic economic shift was a primary cause of the Cashocracy’s collapse. As rising corporate profits and Wall Street bull markets became increasingly divorced from working Americans’ prosperity, the Cashocrats clung ever more tightly to their corporate benefactors without grasping Americans had concluded what is “good for GM” is no longer necessarily good for them.

The advent of virtual corporations and transient international capital has ended the old industrial-welfare state model of governance, wherein solutions to Americans’ economic and social anxieties were the shared burdens of centralized corporations and government. The stark choice is now between increasing the centralized power of the federal government or decentralization power into the hands of individuals, families and communities.

Steel Wheels

In their urgency to replace their lost or slashed corporate benefits, Americans will be sorely tempted to further centralize federal government to do it. But expanding the authority and compulsory powers of the federal government will be injurious to the American people. Big government doesn’t stop chaos; big government is chaos. By usurping the rightful powers of individuals beneath its bureaucracy’s steel wheels, highly centralized government alienates individuals and atomizes communities. Once more, Ropke speaks to the heart of the matter:

“The temptation of centrism has been great at all times, as regards both theory and political action. It is the temptation of mechanical perfection and of uniformity at the expense of freedom. Perhaps Montesquieu was right when he said that it is the small minds, above all, which succumb to this temptation. Once the mania of uniformity and centralization spreads and once the centrists begin to lay down the law of the land, then we are in the presence of one of the most serious danger signals warning us of the impending loss of freedom, humanity, and the health of society.”

Only liberty unleashes Americans to establish the true roots of a holistic American order – the voluntary and virtuous individual, familial, and communal associations which invigorate and instruct a free people conquering challenges. In contrast, centralized and, thus, inherently unaccountable government suffocates liberty, order and justice by smothering and severing citizens’ voluntary bonds within mediating, non-governmental institutions; and, thereby, stifles our free people’s individual and collective solutions to challenges. In consequence, the temptation for more centralized government must be fought to prevent turning sovereign Americans from the masters of their destiny into the serfs of governmental dependency.

Hot Rocks

Fully versed in this verity, Restoration Republicans have made their decision – power to the people. Thus, in this Age of Globalization, Restoration Republicans vow to:

1. Empower the sovereign American people to protect and promote their God-given and constitutionally recognized and protected rights.
2. Promote the decentralization of federal governmental powers to the American people or to their most appropriate and closest unit of government.
3. Defend Americans’ enduring moral order of faith, family, community and country from all enemies.
4. Foster a dynamic market economy of entrepreneurial opportunity for all Americans.
5. Honor and nurture a “humanity of scale” in Americans’ relations and endeavors.

Further, while these Restoration Republicans will be releasing a more detailed program in the future, the above will form the basis of their concrete policy proposals.

Get Your Ya-Ya’s Out

Mister/Madam Speaker,

My constituents are honest, hard-working, and intelligent people who are bearing the brunt of the generational challenges facing our nation. They have lost manufacturing and every manner of jobs due to globalization and, especially, the predatory trade practices of communist China. Throughout these economically anxious times, they spend sleepless nights wondering if they will be able to afford to keep their jobs; their houses; their health care; their hopes for their children. In the War for Freedom, they have buried, mourned, and honored their loved ones lost in the battle against our nation and all of civilization’s barbaric enemies. And, every day, they struggle to make sense of an increasingly perverse culture disdainful of and destructive to faith, truths, virtue and beauty, if the existence of these permanent things is even admitted.

True, they differ on specific solutions to their pressing issues. But they do agree Washington isn’t serving their concerns. They agree this storied representative institution is increasingly detached from the daily realities of their lives. And they remind me that when we enter this House – Their House – we enter as guests, who must honor the leap of faith they took in letting us in and allowing us to serve them.

With my constituents, I utterly agree. While it is not my purpose here to discuss the majority party, let me be clear as to my own: House Republicans have no business practicing business as usual. My constituents, our country, and this Congress deserve better.

And we will provide it!

Our Republican minority has members who know America isn’t an economy, America is a country.

Our Republican minority has members who know the only thing worth measuring in money is greed.

Our Republican minority has members with the heart to put individuals ahead of abstractions; people ahead of politics; souls ahead of systems.

Our Republican minority has members who have seen sorrow seep down a widow’s cheek and joy shine from a child’s eyes.

Yes, our Republican minority has members who know our deeds on behalf of our sovereign constituents must accord with Wordsworth’s poetic prayer:

“And then a wish: my best and favorite aspiration mounts with yearning toward some higher song of philosophic truth which cherishes our daily lives.”

It is these Republicans whose service in this Congress will redeem our party by honoring the sacred trust of the majestic American people who, in their virtuous genius, will transcend these transformational times and strengthen our exceptional nation’s revolutionary experiment in human freedom.

With these Republicans, I hereby throw in my lot and pledge my best efforts on behalf of my constituents and our country.

May God continue to grace, guard, guide and bless our community of destiny, the United States of America.

Wednesday, December 12, 2007

Senate Republicans Face Leadership Choice

Senate Republicans Face Leadership Choice; Capitol Briefing; Paul Kane Reports on Congress; Washington Post; 5 December 2007.

In less than 48 hours the Senate Republicans will gather in an ornate room just off the chamber floor to hold their secretive internal caucus leadership elections. Though incredibly arcane to outsiders, these races are the congressional equivalent of papal elections -- intramural affairs that often define the future direction of a party.

This week's gathering is unlike regularly scheduled leadership elections, which are held every two years shortly after the midterm and presidential elections. But Sen. Trent Lott's decision to quit just one year into his six-year term has created an unusual mid-session opening at the leadership table. Sen. Jon Kyl (R-Ariz.) is now running unopposed to succeed Lott as minority whip, the No. 2 spot.

Kyl's ascension has set up a battle for the No. 3 post, Republican conference chairman, shaping up along generational, stylistic and ideological battle lines. This position is responsible for shaping the message for Senate Republicans, arranging press conferences and pushing GOP senators onto TV and radio talk shows. In the previous decade the post was held by smiling firebrands, former Sens. Connie Mack (R-Fla.) and Rick Santorum (R-Pa.), both of whom loved to take rhetorical jabs at Democrats.

Three different Republicans have jostled for votes: Lamar Alexander (Tenn.), Richard Burr (N.C.) and Kay Bailey Hutchison (Texas). Rumors have circulated since late last week that Hutchison was getting cold feet, and Capitol Briefing's alma mater, Roll Call, reported this morning that she has begun telling colleagues she would bow out of the race and remain in the No. 4 leadership post, chairwoman of the Policy Committee. (Subscription required)

If Hutchison does stay out of the Conference chairman race, that means there will be no other leadership races, leaving her in place at Policy and Sen. John Cornyn (R-Texas) in place at the No. 5 position of vice-chairman of the conference.

Considering the appeals made by the trio of candidates, Thursday's vote in the Mansfield Room may say a lot about Senate Republicans and how they view their life in the minority right now.

Read the rest here.

Senate Panel Votes To Delay FCC Ownership Issue

Senate panel votes to delay FCC ownership issue; By Peter Kaplan; Reuters; 4 December 2007.

A Senate committee endorsed bipartisan legislation on Tuesday that would stop the U.S. Federal Communications Commission from easing restrictions on media ownership for six months.

The Senate Commerce Committee voted without opposition to approve a bill that would postpone an FCC vote scheduled for December 18 and force the agency to study the media ownership issue further.

"The last thing we need in the world is more concentration in the media," said Sen. Byron Dorgan, a Democrat from North Dakota who is one of the bill's chief sponsors.

The bill was co-sponsored by Republican Sen. Trent Lott, of Mississippi. After the vote, the committee's chairman, Sen. Daniel Inouye, a Democrat from Hawaii, said he hoped the bill would reach the Senate floor for a vote within the next two weeks.

Senate Demands More from Food Safety Plan

Senate demands more from food safety plan; By Missy Ryan; Reuters; 4 December 2007.

Senators and food safety experts on Tuesday criticized the Bush administration's new blueprint for food safety, saying the proposed changes do not go far enough to repair a deeply dysfunctional system.

"The FDA's promise to protect American families is too often an empty one, because of the starvation budgets and absent leadership that FDA has endured in recent years," Sen. Edward Kennedy said in opening remarks.

Kennedy, chairman of the Senate Health, Education, Labor and Pensions Committee, and fellow skeptical lawmakers had sharp questions for Health and Human Services Secretary Mike Leavitt, who oversees the Food and Drug Administration, as he defended last month's twin food and import safety plans.

They seemed reluctant to believe the Bush administration's new approach, the product of months of field visits and agency probes, would do enough to restore consumers' confidence after a wave of dangerous spinach, peanut butter and other goods.

The task is a formidable one, with $2 trillion in U.S. imports in 2006, from 825,000 separate importers. But as food imports grow 15 percent a year, the FDA inspected about 1 percent of the goods under its purview in fiscal 2006.