Category Archives: Law

President, Or King?

SCOTUS is going to review the “take care” clause. This is huge, and a potential opportunity to finally rein in a tyrannical executive.

[Update a couple minutes later]

More at the WaPo from Fred Barbash:

In the view of Texas and others, Obama admitted both that he had no power under the law and that he thus, in his words, “changed the law” while pretending that he wasn’t. Bad faith.

“There generally wouldn’t be any evidence of bad faith,” Georgetown University Law Professor Randy Barnett, who formulated the winning Commerce Clause argument in the Supreme Court challenge to the Affordable Care Act, said in an interview. “But here we have public declarations [from Obama] that ‘I don’t have the authority, I don’t have the authority, I don’t have the authority’ and that ‘Congress won’t act, Congress won’t act, Congress won’t act’ and then you also have the enactment of what looks like legal rules, not just discretion, but whole classes of people who are exempt from the law, the very same law the president was urging Congress to pass….it suggests that he’s not acting in good faith.”

You don’t say.

Hillary’s Server

..had emails on it containing information beyond top secret.

After what happened to Petraeus (and is currently happening), if she isn’t indicted for this, it will be beyond a travesty. And the end of the rule of law in this country.

[Update a few minutes later]

And the State Department has “found” thousands of new documents under FOIA from Judicial Watch.

[Update a while later]

Good lord, the IG had to be read into the program in order to read the emails.

I’m sure that the media is thrilled that Sarah Palin is endorsing Trump today, so they don’t have to report on this.

[Friday-morning update]

Michael Mukasey’s take: A criminal charge is justified. More than one, I’d say.

[Bumped]

[Afternoon update]

Hillary’s unsecured server may have exposed a human intelligence asset.

Political Poison

My home town, Flint, Michigan, has been in the news recently, and it’s been many decades since good news has come out of that city. Kevin Williamson notes the word that is rarely used in reporting on the story: “Democrat“:

We have a special problem in the United States, which is that the Democratic party is more of a crime syndicate than a political party, and it is deeply embedded in institutions ranging from the universities (where manufactured hate crimes and phony rape cases are used as political weapons) to the prosecutors’ offices (which bully law-enforcement personnel and file specious felony charges against politicians for such ordinary actions as vetoing legislation) to the unions (see California) and the schools. It doesn’t matter how many laws Hillary Rodham Clinton breaks, or how often she lies about it — the attorney general is a Democrat, and that’s that. Tom DeLay can be brought up on felony charges for allegedly having broken a law that wasn’t even on the books at the time he was said to have broken it (the case was eventually laughed out of court, after it had ended his political career, which was the point) but IRS criminal conspirator Lois Lerner is going to spend the rest of her days enjoying a fat pension at your expense.

And the media is complicit.

[Update a couple minutes later]

Blame the Chicago policy-shooting cover up on one-party rule.

Writing A Constitution

for Mars.

They seem to be a little confused about positive versus negative rights. You may have a right to leave, but you can’t demand that someone else pay for it. A “right to oxygen”? Not obvious how to handle that one. The solution to how to overthrow a tyrannical government is, of course, a Second Amendment.

[Wednesday-morning update]

Can a democracy exist on Mars?

…naive, wish­ful think­ing seems to under­pin all of the very hard ques­tions about what gov­er­nance and daily life on Mars might pos­si­bly look like. One rea­son could be the par­tic­i­pants: the orga­nizer of these events is an astro­bi­ol­o­gist, and they seem to have got­ten their insight into pol­i­tics from writ­ers like Stephen Bax­ter. This is not a dig against either men — astro­bi­ol­ogy is an incred­i­bly inter­est­ing sub­ject, and I love Baxter’s books — but they are not experts in gov­er­nance or nation-building (which is what a colony will be). There is, luck­ily, an entire field of aca­d­e­mic study devoted to these ques­tions: aca­d­e­mics who have spent decades under­stand­ing how and why regimes can be resisted, how to build new nations, and so on. They don’t seem to have been included in this discussion.

Instead it looks like most other efforts at imag­in­ing space colonies: well mean­ing but ulti­mately naive tech­nocrats imag­in­ing a west­ern tech­no­cratic soci­ety as the best struc­ture. And just like with Musk’s con­cept of a Mars colony, the seri­ous eco­nomic issues at play here, which are a big deal in design­ing any soci­ety, are ignored. They assume it will be a mostly-deregulated lib­er­tar­ian eco­nomic sys­tem, again despite the inescapable fact that any space colony will have to con­cern itself pri­mary with gen­er­at­ing enough air and water to keep every­one alive. It is utterly baffling.

As he notes, tech people aren’t necessarily the best people to design a functional society.