Posts Tagged ‘Power Grab’
Another day, another Obama scandal.
The Internal Revenue Service is now facing a class action lawsuit over allegations that it improperly accessed and stole the health records of some 10 million Americans, including medical records of all California state judges.
According to a report by Courthousenews.com, an unnamed HIPAA-covered entity in California is suing the IRS, alleging that some 60 million medical records from 10 million patients were stolen by 15 IRS agents. The personal health information seized on March 11, 2011, included psychological counseling, gynecological counseling, sexual/drug treatment and other medical treatment data.“This is an action involving the corruption and abuse of power by several Internal Revenue Service agents,” the complaint reads. “No search warrant authorized the seizure of these records; no subpoena authorized the seizure of these records; none of the 10,000,000 Americans were under any kind of known criminal or civil investigation and their medical records had no relevance whatsoever to the IRS search. IT personnel at the scene, a HIPPA facility warning on the building and the IT portion of the searched premises, and the company executives each warned the IRS agents of these privileged records,” it continued.
How much money is on the line in this suit? Oh, a mere $25,000 in compensatory damages. Per violation. Which adds up to “a minimum of $250 billion.”Has Congress begun those emergency sessions to shut down ObamaCare yet? What else do they need to hear?
Earlier today, 7 anti-gun bills were defeated in the senate (2 more remain to be voted on Thursday).
Never one to take defeat graciously, Obama threw a full-blown tantrum in the bully pulpit, using Gabby Giffords and the Newtown families as political props as he declared the Senate vote “shameful” and slammed 2nd Amendment advocates as “liars.”
With the failure of the Democrats’ attempt to exploit the Newtown school shooting to press forward gun control measures, President Obama took to the microphones along with the relatives of Sandy Hook victims to demonize his opposition. This, of course, was his strategy all along: knowing that he did not have 60 votes in the Democrat-controlled Senate to pass his gun control legislation, he pressed forward anyway, hoping to paint Republicans as intransigent, immoral tools of the gun lobby who don’t care about dead children. After demonizing Republicans, Obama hopes, he can press Americans into voting Democrats back into power in the House of Representatives.
On Wednesday afternoon, Obama played his part to perfection. Mark Barden, father of a first-grader murdered in Newtown, introduced him. Flanking Obama were other Newtown victims; Vice President Joe Biden, face creased in supposed emotional agony, his arm around the mother of a Sandy Hook victim; and former Congresswoman Gabby Giffords, who has been one of the lead advocate for gun control on behalf of the administration.
“On behalf of the Sandy Hook parents, I would like to thank President Obama and Vice President Joe Biden,” said Mark Barden, father of a first-grader murdered in Newtown. “We will not be defeated. We are not defeated and we will not be defeated ….. I’d like to end by repeating the words by which the Sandy Hook promise begins: Our hearts are broken. Our spirit is not.”
He then introduced President Obama, who blasted away in a carefully calculated and calibrated assault on gunowners, Republicans, and all those with the temerity to disagree on his gun control proposals. Lashing out with more emotion than he has on any issue of his presidency, Obama played up to the cameras, all the while using gun violence victims as a backdrop.
Obama said that he had acted in response to the shooting of Congresswoman Gabby Giffords and Sandy Hook. “Families that had known unspeakable grief,” Obama said, reached out “to protect the lives of all children …. A few minutes ago, a minority in the Senate decided it wasn’t worth it.” Standing on the graves of the children of Sandy Hook has become rote for this president.
[...] All of this was setup for the coup de grace: a request for more power. Because, after all, Obama was never going to win this debate. He didn’t have the votes, he didn’t have the evidence, and he didn’t have a decent piece of legislation to propose. What he did have was unbridled faux moral indignation and a compliant press.
But he needs more. He needs a majority in the House. And he asked for it. “So all in all, this was a pretty shameful day for Washington. But this effort is not over,” said Obama. “If this Congress refuses to listen … the real impact is going to have to come from the voters.”
“The memories of these children demand [gun control],” Obama concluded.
What he meant was obvious: the memories of dead children in Sandy Hook demands that voters give Obama more Senators and more Congresspeople. How convenient for him.
Neither Obama nor the media are interested in hearing from family members of gun violence victims who opposed his gun control scheme, such as this father from Newtown, and the father of 9-year-old Christina Green, who was shot and killed in the Tuscon attack.
They’re only interested in exploiting those grieving families they can use to forward their own political agenda.
My grandparents sacrificed and saved for years so they could have a comfortable retirement and still leave an inheritance for their children. They succeeded. They live comfortably independent well into their 80′s, and left a legacy to be proud of. We used to call this responsibility.
According to the Obama administration, however, people who make wise retirement choices need to be reigned in. The government should decide how much you can save, and how “comfortable” your retirement lifestyle is permitted to be (keep in mind that with today’s lifespan, an average person can live up to 20 or 30 years after they retire, which means they need to save MORE than previous generations, not less).
As far as the Left is concerned, there is no such thing as private property. There is only what the ruling class “allows” you to keep.
What President Barack Obama has planned in his upcoming budget, while not exactly a Cypriot-style, government-based raid on private savings accounts, comes too close for comfort. As widely reported Monday, the Obama budget document – which is already a month late – will include a new proposal to limit the total amount an individual can put aside in tax deferred retirement savings like 401Ks and IRAs to an amount sufficient to generate an annual income in the golden years of less than $250,000 per year.
Why do it? According to a senior administration official, The Hill reported, “wealthy taxpayers can currently ‘accumulate many millions of dollars in these accounts, substantially more than is needed to fund reasonable levels of retirement saving.’”
Who says? It is true that some people use retirement savings plans as a form of tax avoidance, but tax avoidance was, the last time anyone checked, still legal. Major corporations that have the imprimatur of approval from the Obama administration like General Electric and General Motors do it all the time.
What the White House may propose is not a matter of fairness, as the president and his allies are sure to cast it, but one that strikes at the heart of the right to keep for ourselves the product of our hard work.
To Obama, that idea that some may have saved more than others for their retirement is unfair, So is the idea, apparently, that some people make more than others. It’s class envy at its most ugly, designed to appeal to the more than 40 percent of Americans who pay no income tax and who voted for the president in 2012.
It is not a legitimate function of government to determine when a person has saved enough for retirement. “Enough” is a nebulous word just like “rich.” If a cap is in the offing in the near term, can confiscation, a la Cyprus, be far behind?
It’s theft. Pure and simple.
The foundation for the housing crisis was laid with the Community Reinvestment Act in 1977, where the government took it upon itself to encourage home ownership by pressuring banks to lend to lower-income buyers, often to meet arbitrary racial quotas. Obviously they haven’t learned a thing from where that got us.
Would it surprise anyone to learn that as a lawyer, Obama sued banks to force them to issue subprime loans? He also worked for ACORN, which specialized in using the Community Reinvestment Act to shake down banks and pressure them to loan money to low-income minorities or face “discrimination” charges.
According to the Washington Post, the Obama administration is pushing big banks to make more home loans available to Americans with bad credit – the same kind of government guidance that helped blow up the housing market:
In response, administration officials say they are working to get banks to lend to a wider range of borrowers by taking advantage of taxpayer-backed programs — including those offered by the Federal Housing Administration — that insure home loans against default.
Housing officials are urging the Justice Department to provide assurances to banks, which have become increasingly cautious, that they will not face legal or financial recriminations if they make loans to riskier borrowers who meet government standards but later default.
Think about this statement. The administration is asking banks – banks that Washington bails out; banks that Washington crafts regulations for — to embrace risky policies that put the institution and its investors (not to mention, all of us) in a precarious position. So precarious, in fact, that banks have to ask government if they can be freed of any legal or financial consequences.
What could possibly go wrong?
These types of government policies initially emerged the mid-1970s, when “progressive” Democrats in Congress began a campaign to help low-income minorities become homeowners. This led to the passage, in 1977, of theCommunity Reinvestment Act (CRA), a mandate for banks to make special efforts to seek out and lend to borrowers of meager means. Founded on the premise that government intervention is necessary to counteract the fundamentally racist and inequitable nature of American society and the free market, the CRA was eventually transformed from an outreach effort into a strict quota system by the Clinton administration. Under the new arrangement, if a bank failed to meet its quota for loans to low-income minorities, it ran the risk of getting a low CRA rating from the FDIC. This, in turn, could derail the bank’s efforts to expand, relocate, merge, etc. From a practical standpoint, then, banks had no recourse but to drastically lower their standards on down-payments and underwriting, and to approve many loans even to borrowers with weak credit credentials. As Hoover Institution Fellow Thomas Sowell explains, this led to “skyrocketing rates of mortgage delinquencies and defaults,” and the rest is history.
The CRA was by no means the only mechanism designed by government to impose lending quotas on financial institutions. For instance, the Department of Housing and Urban Development (HUD) developed rules encouraging lenders to dramatically hike their loan-approval rates for minority applicants and began bringing legal actions against mortgage bankers who failed to do so, regardless of the reason. This, too, caused lenders to lower their down-payment and income requirements.
Moreover, HUD pressured the government-sponsored enterprises Fannie Mae and Freddie Mac, the two largest sources of housing finance in the United States, to earmark a steeply rising number of their own loans for low-income borrowers. Many of these were subprime mortgages—loans characterized by higher interest rates and less favorable terms in order to compensate lenders for the high credit risk they were incurring.
Additional pressure toward this end was applied by community organizations like the pro-socialist ACORN. By accusing banks—however frivolously or unjustly—of having engaged in racially discriminatory lending practices that violated the mandates of the CRA, these groups commonly sued banks toprevent them from expanding or merging as they wished. Barack Obama, ACORN’s staunch ally, was strongly in favor of this practice. Indeed, in a 1994 class-action lawsuit against Citibank, Obama represented ACORN in demanding more favorable terms for subprime homebuyer mortgages. After four years of being dragged through the mud, a beleaguered Citibank—anxious to put an end to the incessant smears (charging racism) that Obama and his fellow litigators were hurling in its direction (to say nothing of its mounting legal bills)—agreed to settle the case.
Forbes magazine puts it bluntly: “Obama has been a staunch supporter of the CRA throughout his public life.” In other words, he has long advocated the very policies that already have reduced the real-estate market to rubble. And now he is actively pushing those very same practices again.
NO ONE is exempt from the new federal power-grab over education, which is designed to force all states and schools to teach a government-approved (Marxist?) curriculum.
The CCSS removes education standards from the purview of state and local control to being controlled by unaccountable education policy experts sitting in a board room far removed from the parents, students, and teachers who are most critical to a child’s educational success.
Will the CCSS Affect Homeschools?
The CCSS specifically do not apply to private or homeschools, unless they receive government dollars (online charter school programs have no such protection). However, HSLDA has serious concerns with the rush to adopt the CCSS. HSLDA has fought national education standards for the past two decades. Why? National standards lead to national curriculum and national tests, and subsequent pressure on homeschool students to be taught from the same curricula.
The College Board—the entity that created the PSAT and SAT—has already indicated that its signature college entrance exam will be aligned with the CCSS. And many homeschoolers worry that colleges and universities may look askance at homeschool graduates who apply for admission if their highschool transcripts are not aligned with the CCSS.
The more that I read and study, the more convinced I am of the extreme detriment that the Common Core (CC) poses, not just to our children and our educational system – but to our country.
There are a few questions and comments that I have received this past week, some ranging from fear, and some from outright astonishment that I would even propose that CC presents a risk. I want to, as succintly as possible, answer some of these…
The Common Core is being introduced into the PUBLIC school, so if I’m homeschooling, I don’t need to worry, right?
WRONG. The CC is being adopted by 45 of the 50 states, including the District of Columbia, and it’s goal is NOT educational excellence. One look at the standards and examples that we detailed in our previous post will undeniably confirm that. The goal of Common Core is CONTROL. The government is seeking to Nationalize educational standards, which goes COMPLETELY against that 10th Amendment of the Constitution, which outlines education as being within the scope of the State government, not the Federal government. If the States decide not to adopt CC, they will not be granted federal dollars, so although it’s not a mandate, it’s a mob version of law via monetary coercion.
Furthermore, homeschoolers will eventually need to meet the same educational standard and use CC approved/aligned curricula because the SATs, State tests and GEDs will all be modified to fit the new CC standards.
But homeschoolers traditionally test higher in academics, so I’m not worried. My child will do fine on the tests.
Although it’s true that homeschoolers traditionally, on average, test significantly higher than their publicly educated peers, this is not a safeguard given what is coming down the pipeline in terms of change. Standardized testing is slated to be reformatted and rewritten, so we’re talking about a totally different measure of scope and sequence. For example, math problem, as formed by the CC, are based on mental and verbal math; the emphasis is now on the process, not the answer. Eventually, CC-educated students will be asked to verbally explain their method for solving the problem, regardless of whether or not the answer was correct. If your homeschooled Senior can successfully complete complex mathematical algorithms but he is unable to explain how he got his answer, he will not pass.
Additionally, the literature requirements are changing significantly. Non-fiction manuals are now required to compose 70% of your child’s “literature” by the time they graduate. Here is a sample of the suggested reading within the CC:
- Petroski, Henry. “The Evolution of the Grocery Bag.”
- California Invasive Plant Council. Invasive Plant Inventory
- Kurlansky, Mark. Cod: A Biography of the Fish That Changed the World.
- U.S. Environmental Protection Agency/U.S. Department of Energy. Recommended Levels of Insulation
- FedViews by the Federal Reserve Bank of San Francisco
- Calishain, Tara, and Rael Dornfest. Google Hacks: Tips & Tools for Smarter Searching, 2nd Edition
- Fischetti, Mark. “Working Knowledge: Electronic Stability Control.”
- U.S. General Services Administration. Executive Order 13423: Strengthening Federal Environmental, Energy, and Transportation Management
- Gawande, Atul. “The Cost Conundrum: Health Care Costs in McAllen, Texas.”
As enlightening as they may be, we’ll be tossing out “To Kill A Mockingbird”, “The Scarlet Letter” , Shakespeare and many other classics in lieu of “The Evolution Of The Grocery Bag”. Therefore, as homeschoolers, if we haven’t been reading the above list with our Seniors, they have no hope of passing the SATs or GEDs, because we’re talking about two completely different lists of topics and material.
But as a homeschooler, I get to choose my own curriculum, so it’s my decision what my children will read and study.
True, for now. However, I was disheartened to see that many large homeschool publishers have already, or are planning to, rewrite their curriculum in order to meet CC standards. For a very thorough and growing list, check out the curriculum updates on The Educational Freedom Coalition.
Cyprus is only the first domino.
Cypriot President Nicos Anastasiades has struck a deal with the European Union and International Monetary Fund that will seize up to 40% of uninsured funds from wealthier depositors with over 100,000 euros and will not siphon funds from those below that amount.
The 10 billion euros ($13 billion) bailout plan calls for the Cyprus Popular Bank to be dissolved and all its viable assets transferred to the country’s biggest bank, Bank of Cyprus.
Presently, Cypriot banks have imposed a 100 euros ATM withdraw limit, and Cyprus border officials at air and sea ports have been ordered to confiscate the funds of any traveler attempting to leave with over 10,000 euros.
How dare they try to keep the money they worked so hard for and saved AFTER taxes were already paid on it? Don’t they know that private property is an illusion under Socialism? That the government is free to spend as irresponsibly as it wants, and can steal your money at will to pay the tab? That’s what they’ve been voting for all this time, right? Or didn’t they realize it?
Understandably, Cypriots are desperately trying to get their money out, but it’s too late:
The president of Cyprus assured his people a bailout deal he struck with the European Union was in their best interests, but banks will remain closed until Thursday – and even then subject to capital controls to prevent a run on deposits.
The ruling class insists that stealing money out of their bank accounts is “in their best interests.” Doesn’t that make them feel better? They’ll be patriotic and happy to “share the sacrifice” for the greater good, right? Of course not!
Tyler Durden reports that there is a “Cash Exodus From Cyprus Surges Despite Bank Closures, Capital Controls“:
From FAZ, google translation edited:
Despite the closed banks and a lock for payments in the past week, more money flowed out of Cyprus than in previous weeks, Frankfurter experts report for payments. Prior to the escalation of the crisis in Cyprus accruing on the payment system Target liabilities of Cypriot central bank to the European Central Bank (ECB) had increased daily at approximately 100 to 200 million euros. In recent days was after Parliament the stabilization program initially had to fail, the daily has risen to more than double. Just in the last week so could cash assets have been withdrawn from Cyprus in the billions, although the Cypriot central bank has actually issued a lock.
How is it possible that cash is leaving the country even with a bank halt? It isn’t, unless of course, the banks aren’t really halted, and some outbound wire transfers, which are permitted, are more equal than other wire transfers which are stuck on the island. Of course, that would imply an “Europe Farm” type of arrangement, which in the bastion of fairness, equality and honesty which is Europe, would be absolutely impossible.
On the other hand, if indeed the drain of the Cypriot banking system has continued despite all the enacted halts during the past week, then it’s game over for Cyprus, which will soon have only the ECB to thank for providing liquidity, an arrangement that may not be the best long-term outcome for a nation whose economy has basically been gutted in the span of one week.
It also means game over for the bailout as envisioned, as the EUR17 billion is history, and much more cash will have to be injected to cover for the stealth outflows.
Cyprus won’t be the only one affected, of course. An unusually honest Eurozone official has made it clear that the EU will use the same confiscation tactics as Cyprus if things get worse (which of course they will):
Savings accounts in Spain, Italy and other European countries will be raided if needed to preserve Europe’s single currency by propping up failing banks, a senior eurozone official has announced.
The new policy will alarm hundreds of thousands of British expatriates who live and have transferred their savings, proceeds from house sales and other assets to eurozone bank accounts in countries such as France, Spain and Italy.
The euro fell on global markets after Jeroen Dijsselbloem, the Dutch chairman of the eurozone, told the FT and Reuters that the heavy losses inflicted on depositors in Cyprus would be the template for future banking crises across Europe.
Dijsselbloem tried to retract the statement after investors started panicking, but the damage is already done. Now the cat is out of the bag:
Translation: it now officially sucks to be an unsecured creditor in Europe. In other words: an uninsured depositor.
Why this ad hoc dramatic shift in the European approach to bank solvency, which if anything makes the link between bank and sovereign closer than ever, and crushes all that Draghi achieved in the summer of 2012?
Simple: because what Cyprus allowed was the effective usurpation of democracy - the only reason the Cypriot bailout “passed” (at least so far) is because it was structured as a bank restructuring, a financial system “resolution”, not a tax,and thus not in need of a parliamentary, democratic vote. Because as Cyprus also showed, votes to deprive depositors of cash, whether insured or uninsured, simply won’t fly.
Hence the shift.
However, there is a problem: it means that depositors are now fair game everywhere, and that the ESM or EFSF, with their unlimited scope but “democratic” impleention pathway, are on the backburner.
And now, the scramble to pull uninsured deposits out of banks everywhere begins. Thanks to the new Eurogroup head.
“You ask for miracles, Theo. I give you Diesel-BOOM”
And now, every European depositor is going to their local financial dictionary to look up the definition of General Unsecured Claims, only to see a picture of… themselves.
Simon Black at Sovereign Man blog tells readers to “Expect These Eight Steps From The Government’s Playbook“:
To anyone paying attention, reality is now painfully obvious. These bankrupt, insolvent governments have just about run out of fingers to plug the dikes. And history shows that, once this happens, governments fall back on a very limited playbook:
As Cyprus showed us, bankrupt governments are quite happy to plunder people’s bank accounts, especially if it’s a wealthy minority.
Aside from bank levies, though, this also includes things like seizing retirement accounts (Argentina), increases in civil asset forfeiture (United States), and gold criminalization.
Just another form of confiscation, taxation plunders the hard work and talent of the citizenry. But thanks to decades of brainwashing, it’s more socially acceptable. We’ve come to regard taxes as a ‘necessary evil,’ not realizing that the country existed for decades, even centuries, without an income tax.
Yet when bankrupt governments get desperate enough, they begin imposing new taxes… primarily WEALTH taxes (Argentina) or windfall profits taxes (United States in the 1970s).
This is indirect confiscation– the slow, gradual plundering of people’s savings. Again, governments have been quite successful at inculcating a belief that inflation is also a necessary evil. They’re also adept at fooling people with phony inflation statistics.
Governments can, do, and will restrict the free-flow of capital across borders. They’ll prevent you from moving your own money to a safer jurisdiction, forcing you to keep your hard earned savings at home where it can be plundered and devalued.
We’re seeing this everywhere in the developed world… from withdrawal limits in Europe to cash-sniffing dogs at border checkpoints. And it certainly doesn’t help when everyone from the IMF to Nobel laureate Paul Krugman argue in favor of Capital Controls.
Wage and Price controls
When even the lowest common denominator in society realizes that prices are getting higher, governments step in and ‘fix’ things by imposing price controls.
Occasionally this also includes wage controls… though wage increases tend to be vastly outpaced by price increases.
Of course, as any basic economics textbook can illustrate, price controls never work and typically lead to shortages and massive misallocations.
Wage and Price controls– on STEROIDS
When the first round of price controls don’t work, the next step is to impose severe penalties for not abiding by the terms.
In the days of Diocletian’s Edict on Prices in the 4th century AD, any Roman caught violating the price controls was put to death.
In post-revolutionary France, shopkeepers who violated the “Law of Maximum” were fleeced of their private property… and a national spy system was put into place to enforce the measures.
Despite being completely broke, governments will dramatically expand their ranks in a last desperate gasp to envelop the problem in sheer size.
In the early 1920s, for example, the number of bureaucratic officials in the Weimar Republic increased 242%, even though the country was flat broke from its Great War reparation payments and hyperinflation episode.
The increase in both regulations and government officials criminalizes and/or controls almost every aspect of our existence… from what we can/cannot put in our bodies to how we are allowed to raise our own children.
War and National Emergency
When all else fails, just invade another country. Pick a fight. Keep people distracted by work them into a frenzy over men in caves… or some completely irrelevant island.
It’s not a “tax.” It is government stealing money directly out of people’s bank accounts – money that was deposited AFTER taxes were already paid on it.
Socialism = theft, pure and simple. Christians who support Socialism need to go back study what the Bible has to say about debt, envy, and theft!
An 11th-hour deal with the EU, which has saved the Cypriot economy from the brink, will see investors with more than €100,000 in the nation’s largest banks forfeit a large chunk of their deposits.
The punishing deal – which has been approved by the eurozone finance ministers – will allow the country to receive the €10bn (£8.5bn) bailout it needed before the European Central Bank pulled funding and sent the island on the path to bankruptcy and a possible exit from the single currency.
Under the new agreement, all bank deposits under €100,000 will be secured and guaranteed by the state. The country’s second-biggest bank, The Popular Bank of Cyprus – known as Laiki – will be wound down whilst holders of deposits of more than €100,000 face big losses.
Big Brother Healthcare: Obamacare Includes Random Health ‘Inspections,’ Mandatory Reporting Of Your Health Stats To Gov’t
CVS employees were outraged recently to learn that they will be forced to turn over their weight information and submit to random health “inspections,” or be forced to pay higher premiums:
A new policy for employees of CVS Pharmacy will have them reporting their weight, body fat and other health metrics — or they can pay a fine that could add up to $600 each year. Privacy advocates are not happy about it.
According to the Boston Herald, Dr. Deborah Peel, founder of the advocacy group Patient Privacy Rights, said the increasing cost of health care will only make policies like this more common.
“Rising health care costs are killing the economy, and businesses are terrified,” Peel said. “Now, we’re all in this terrible situation where employers are desperate to get rid of workers who have costly health conditions, like obesity and diabetes.”
To ABC’s Good Morning America, Peel called the practice “technology-enhanced discrimination on steroids.”
According to reports, the new policy requires employees of the pharmacy to have a doctor record their weight, height, body fat, blood pressure, blood glucose and other measurement by May 1, 2014. If the employee opts out of providing this information, they would be fined an additional $50 each month for insurance, adding up to $600 per year. The Boston Herald reported CVS saying it would pay for these evaluations.
What most Americans don’t realize is this is the beginning for the “new normal” under Obamacare. CVS is the first, but they won’t be the last:
Starting in 2014, per the dictates of the federal government, your doctor must record your body mass index (BMI), which measures whether you are overweight, each time he or she treats you and turn it over to the government via your electronic health record, which every patient is required to have. Your BMI will then be tracked by the Health and Human Services Department, the agency rolling out ObamaCare, and a bevy of other state and federal agencies.
Shock and anger ensued this week as CVS employees learned that if they didn’t turn over that information to their insurers, they’d be fined. But CVS is merely rolling out what may become one of the most controversial aspects of ObamaCare a little ahead of schedule.
One needs only to look to Europe to see how our political elites will use ObamaCare, and the BMI weight measure they are so determined to record for each of us, to intrude into and regulate not just our health care, but our lives.
In the U.K., overweight patients or those who smoke are branded “undeserving” and denied treatments like cataract surgery (without which they could eventually go blind) and knee and hip surgery, leaving some who don’t qualify for the surgery in agonizing pain. Some of the U.K.’s “trusts,” which regulate the national health care system for various zones of the country, go farther, denying all operations to those who don’t meet the government’s weight dictates except for lifesaving surgery on their hearts, brains or to remove cancer.
A recent study shows that a majority of the U.K.’s doctors think the national health system should go farther still and deny all non-emergency care to patients who don’t meet certain weight and health criteria. By law, they still must pay for their health care, of course, even though they are denied the ability to get treatment.
Given all of this, it is chilling that the collection of each patient’s BMI was so important to U.S. Health and Human Services that it was one of the first directives the department issued after ObamaCare passed in 2009. There is a reason for that.
It is clear that liberal elites and the Obama administration intend to take Americans down the same path as Europe. The apparatus to handle federally mandated “health interventions” into people’s lives is already being put in place.
The U.S. Preventive Services Task Force recently recommended that all obese adults receive “intensive counseling in an effort to rein in a growing health crisis in America” and that they have “intensive, multicomponent behavioral interventions.” According to the Los Angeles Times, these apparently will involve 12 to 26 counseling sessions a year with a physician or community-based program.
In the new health care regime that is coming under ObamaCare, each citizen will be reduced to a single, all-important series of numbers -height, weight, BMI, glucose levels – that tell the government all it needs to know about whether an individual is practicing a healthy lifestyle.
If we follow Europe’s lead, Americans’ weight will soon become the pretext for the government to intrude into and regulate many aspects of our lives through ObamaCare, regulations, and taxation.
In exchange for “free” healthcare, the government takes away your privacy, your freedom, and your access to any care the ruling class deems you “unfit” for.
This will only end well for those who are prepared to take care of themselves and their families.
The Cyprus central bank decided to keep the banks closed until next Tuesday. The panic is building. This will build it even more.
The British media say the government is looking for Plan B. There is no Plan B.
There will be no tax on bank accounts, says the parliament.
Will there still be a bailout? The European Central Bank has said it will remove the life support tube on Monday. The head of the EuroGroup, which is a no-name committee of the eurozone’s finance ministers, said this: “I’m not sure that this package is completely gone and failed, because I don’t see many alternatives.” In short, “the Parliament had better reconsider.” Or else.
Or else what? Default? Cyprus’ departure from the eurozone? Do the Eurocrats want that? Do they want to risk a poster child for the PIIGS to imitate?
Meanwhile, panic builds. When the banks open their doors next week, they will face a true bank run. People now know: they cannot get their money. They never thought this could happen.
The central bank is playing kick the can. It is buying time. Maybe there will be a Plan B. Problem: if there is a Plan B, maybe the parliament will reject it. Then what?
A nation shuts down economically if its banks shut down. The banks can shut down in two ways: because of bank runs or by decree from the central bank. Today, the banking system has been shut down by decree.
The central bank cannot kick the can much longer. The economy will collapse without banks.
The British media are covering the story.
“We don’t have days or weeks, we have only hours to save our country,” Averof Neophytou, deputy leader of the ruling Democratic Rally party, told reporters as crisis talks in Nicosia dragged on into the evening.
The country’s two main banks – Laiki and the Bank of Cyprus – face potential failure if a bailout is not secured. One official told the Associated Press that Europe and the IMF were pressing for the two banks to be wound down. The Cypriot government was said to be considering the possibility of imposing capital controls amid fears that money would flood out of the country once its banks were reopened.
But if depositors cannot send their digital money out of the country, they can still demand currency. The effect is the same: bankrupt banks.
The central bank cannot print euros. It can bail out the system only if Cyprus pulls out of the eurozone. If it does, this will send a message to the PIIGS: “Get out. We did. Save yourselves. We did.”
Cyprus isn’t the only country facing serious fiscal consequences from unsustainable spending, unfunded liabilities and overwhelming debt.
Robert Romano explains “How the government will steal your savings under Dodd-Frank“:
The people of Cyprus care more about their life savings than propping up financial institutions that lost billions on poor investments in socialist governments’ debts. The idea that somehow they, and not the banks that made those decisions, should bear the brunt of those losses was always disconnected from reality.
Yet that is precisely the presumption the establishment has made — that rather than banks raising substantially more capital to address systemic risk, you and I should pay for bank bailouts — in response to the ongoing financial crisis that began in 2007, and has actually become the basis for such proposals considered all over the world, including the U.S.
In 2009, the G20 asked the International Monetary Fund (IMF) to come up with ways the financial sector might supposedly contribute to its own bailouts.
The IMF study released in 2010 essentially proposed two types of taxes: a levy on financial institutions to create a pool of bailout funds, and a financial transaction tax.
Interestingly, what the IMF came up with as a suggestion had already been implemented a few months earlier by the U.S. Congress in passing the Dodd-Frank so-called financial reform legislation.
Under Dodd-Frank, the Federal Deposit Insurance Corporation (FDIC) is allowed to charge assessments to about 60 bank-holding and insurance companies with $50 billion or more in assets to fund what is called an “orderly liquidation fund.” Really, it’s just a bailout fund allowing the government to take over systemically risky institutions, recapitalize them, and allow them to reenter the market under new management.
The law, as well as the IMF study, presumes that the financial sector will bear these costs. But as a Congressional Budget Office (CBO) analysis of a similar bank tax proposal by the Obama Administration at the time noted, “the ultimate cost of a tax or fee is not necessarily borne by the entity that writes the check to the government. The cost of the proposed fee would ultimately be borne to varying degrees by an institution’s customers, employees, and investors, but the precise incidence among those groups is uncertain.”
Meaning, the assessments would actually be passed on to and paid for by savers and consumers of financial products through the indirect taxation of higher bank fees and other financial transaction costs. Americans for Limited Government warned lawmakers about just such an outcome prior to the legislation’s passage as an affront to private property rights.
[...] At least in Cyprus the people’s representatives there actually had an opportunity to vote against such a levy. Whereas here, those fees are and will continue to be imposed by the banks with the blessing of government agencies — all without any vote in Congress.
It may happen sooner than anyone realizes. U.S. financial institutions are said to have as much $641 billion of exposure to financial institutions in Portugal, Ireland, Italy, Greece and Spain (PIIGS) according to the Congressional Research Service.
Should the Eurozone really break apart, and U.S. banks are caught in the crossfire, with the American people suddenly paying exorbitant fees for the “privilege” of conducting business electronically, they can decide for themselves whether this was a good idea.
That is, for Congress to outsource and give unlimited grant of its taxing authority to faceless bureaucrats acting in concert with an international banking cartel with the goal of bailing itself out of its own foolishness.
Woman Arrested for “Terrorist Threat” for Reading Constitution In Protest of Property Taxes Doubling
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If this can happen to a law-abiding homeschooling mother, it can happen to you. Americans have no idea how many freedoms they’ve lost until they try to exercise them, and face the wrath of an elitist ruling class that seeks to punish those who challenge their unconstitutional abuses of power.
A New Jersey mother was arrested and told to turn over her guns after reading the Constitution and peacefully protesting at a tax dispute forum, she says.
Eileen Hart was with her husband Keith and her 7-year-old daughter on Saturday at the Gloucester Community Center to dispute a mandatory home re-evaluation that would roughly double her property value (and therefore dramatically increase her rates), objecting on multiple grounds. As an Orthodox Jew, she refused to have the inspectors in her home when her husband was away at work. As an American citizen, she objected to the seemingly arbitrary reappraisal, noting that she is not planning on selling her home and hasn’t renovated her kitchen in 30 years.
But at the forum, Hart was allegedly told that since she didn’t let the inspectors into her home, they had a right to “assume” its value under the New Jersey state constitution.
“How could they assume that my value had doubled when there is absolutely no housing market?” she asked TheBlaze rhetorically over the phone. “There is basically no GDP growth.”
After Hart started citing the Constitution, a representative of Appraisal Systems, Inc.– the company contracted by the state to conduct appraisals– started “freaking out,” she said, and called for Gloucester County tax assessor Robyn Glocker-Hammond.
“Sit down and shut up,” Hart said Glocker-Hammond told her, adding that she (Glocker-Hammond) was there to “enforce the law.”
“I didn’t see a badge,” Hart noted. “Her title is tax assessor, not law enforcement officer.”
[...] Glocker-Hammond then told her she had to leave the public forum and threatened to call the authorities, though Hart swears she never cursed or acted inappropriately.
That’s when things got serious.
[...] Much to her surprise, Hart returned home to numerous police cars, the officers asking if they could bring her in for questioning even though they did not have a warrant. She was not allowed to drive behind with her husband, but was forced to ride in the police vehicle.
Colavecchio had apparently told the police that Hart was “yelling and screaming” and threatened to return to the meeting with a gun.
But Hart told TheBlaze: “I did not use one curse word, I didn’t say the word gun, I didn’t swear, none of that. I aired my grievances in a public place to [tell] the government that I did not agree with what they were doing to me or to anybody else.”
Hart said she was doubly surprised when, instead of getting her side of the story, policehandcuffed her to a chair and charged her with “terroristic threats.”
She told TheBlaze with conviction:
“I have a 7-year-old daughter, I homeschool her. I would never risk going to prison for the rest of my life and lose everything. I have no criminal history, I have no history of drug abuse, no history of alcohol abuse, I have no history of mental illness, I have never committed a crime a day in my life. And because I used my First Amendment right I was arrested for it.”
After trying to “coerce” her into making a statement along the lines of “what he thinks happened,” Hart said the police sergeant informed her that if she didn’t turn over her firearms for “safe keeping,” her bail would be set prohibitively high and it was unclear how long she would have to remain in custody.
“[So I] sit in jail and my daughter doesn’t have a mother…?” she asked TheBlaze, implying that she didn’t really have a choice in the matter.
Hart turned over her two firearms and associated equipment, and was told that she’ll get them back “when this is all over.”
Cavuto: What’s happening in Cyprus could happen here
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In 1913, the 16th Amendment gave the federal government the power to tax American’s earnings for the very first time. Originally a 1% tax to pay for the war, it has ballooned into a confiscatory predator which continually siphons away your hard-earned money to feed the appetite of a government spending addiction that is never satisfied.
Since the immoral premise that government has a right to confiscate your earnings has gone unchallenged for the last 100 years, they now claim the right to steal your assets as well – property that you’ve acquired and invested in with after-tax dollars, through your own hard work an initiative. Nowhere is this more apparent than the recently instituted 3.8% Obamacare tax on home sales.
Think what is happening in Cyprus can’t happen here? It already is.
Cypriot lawmakers on Tuesday rejected a critical draft bill that would have seized part of people’s bank deposits in order to qualify for a vital international bailout, with not a single vote in favor.
The rejection leaves Cyprus’s bailout in question. Without external funds, the country’s banks face collapse and the government could go bankrupt. Nicosia will now have to come up with an alternative plan to raise the money: the government could try to offer a compromise bill that would be more palatable to lawmakers.
The bill, which had been amended Tuesday morning to shield small deposit holders from the deposit tax, was rejected with 36 votes against and 19 abstentions. One deputy was absent.
Too late. The threat has already been made. They have officially declared that they believe that the hard-earned money in private citizens’ bank accounts are fair game for the taking, and property rights are easily dispensed with when governments overspend. I wouldn’t trust them as far as I could throw them, and neither will most Cypriots!
The smart people will get their money out before they have another chance to try a scheme like this.
MP Nigel Farage is warning European investors to ”Get Your Money Out While You Can“:
In Nigel Farage’s first TV appearance since the Cypriot wealth tax was announced, the Englishman pulls no punches. In all his years and all his experience of the desperation of the European Union’s leadership “never did [he] think they would resort to stealing money from people’s savings accounts.” The simple fact is that they know they cannot let any country leave, no matter how small, for “once one country goes, the whole deck of cards will come tumbling down.” There is now “clear irreconcilable differences” between the North and the South of Europe and now that they have done this in one country, “they are quite capable of doing it in Italy, Spain and anywhere.” The message that sends to people is ”get your money out while you can.” As far as his British constituents, he strongly recommends George Osborne (UK Chancellor) urge ex-pats to remove all their money and do monthly transfers from home. “Do Not Invest In The Euro-Zone,” he concludes,“you have to be mad to do so - as it is now run by people who do not respect democracy, the rule of law, or the basic principles upon which Western civilization is based.”
“They are propping up a Eurozone that, in the end, will collapse in disastrous failure and they are prepared to do anything to do so.”
As Neil Cavuto points out, what is happening in Cyprus is already happening in America…it’s just that most people don’t realize it.
Katie Pavlich notes that American’s 401K plans already top the list of assets the government is threatening to seize:
As a reminder, the United States government has been eying and researching how Americans use their 401k plans for quite some time now. Recently we saw the U.S. Consumer Financial Protection Bureau suggest the government help “manage” retirement plans.
[...] In February, the Washington Times went so far as to ask “is your 401k about to be nationalized?”
The $19.4 trillion sitting in personal retirement accounts like the 401K may be too tempting an apple for a government that is quite broke, both monetarily and morally. The U.S. Consumer Financial Protection Bureau director Richard Cordray recently mentioned these accounts in a recent interview, stating “That’s one of the things we’ve been exploring and are interested in, in terms of whether and what authority we have.”
This agency, created by the 2010 Dodd-Frank-Act, is very concerned about how safe your retirement savings are. They are apparently concerned that retiring baby boomers may become victims of financial scams.
If the government takes control of retirement accounts, it will not be called “nationalization.” There will most likely be an indecipherable document that provides an opt-out option (initially), but why would you want to do that? The US government only wants to ensure the safety of your retirement funds; they did after all create a new bureaucracy for that specific purpose. And what could be a safer investment than US bonds?
Karl Denninger…cites some reasons for being concerned that this express train intends to flatten the US in the coming years. He lays out whywe may need recourse to something like this.
In two years federal medical spending along with Social Security and interest will, on current paths, reach the total of all tax receipts. At the outside the market will realize that Congress will never address the underlying issue with medical care because they have steadfastly refused to do so…. There is about $20 trillion in US Retirement “assets.” A “small” 10% “one time” tax levy on those assets would fund the US Deficit a couple of years from now, and I will go out on a limb now and predict that exactly that will be done. Of course the “one time” aspect will be a lie too…
He goes on to explain how the test case for this has already been successful. And how the American People have already allowed the legal precedents to allow this to happen to be codified in case histories all the way up to the USSC.
the precedent has already been set, and you, the common American, sat for it.
You allowed the GM bailout to take place where the seniority of bondholders was ignored and they were screwed while the UAW was made whole. You allowed Obamacare to be passed with the Congress denoting it was a “fine” rather than a Tax, because Congress knew that a direct, unapportioned tax was unconstitutional — and then you sat again when Judge Roberts of the USSC rewrote Obamacare to be that very same unconstitutional direct Tax.
Mark my words, Obamacare has very little to do with Health Insurance. This is why nobody in government feels any particular concern over the fact that it screws health insurance up so badly. If you are in government and you want the power to run things by fiat, this law just gave you the keys to a Barchetta with a full tank of petrol.
Now some of you have quaint hang-ups stemming from a silly political dope-deal known as The American Bill of Rights. For those who knit-pick abstruse details, Amendments IV and V get really anal about this property rights jib-jab.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Not to worry Komerade Amerikan. There are apps for this as well. Kelo v. New London is a landmark case that helps put the subjects in their proper place. As long as your bank account can be construed as conferring a public benefit through public use, this lovely piece of jurisprudence would justify its seizure down to the last penny.
Bottom line: The state can steal your property, your wealth and your sustinence at any time they get pissed off enough or desperate enough to do so. You have no recourse to the law against this. The law is pathetically bastardized. Remember how that Arch-Conservative Supreme Court was poised to heroically strike down The AACA? Forget it Jake, we are all Cypriots now.
What on earth is WRONG with these people?! Don’t they know what happens when a legislative body cedes power to the executive? Haven’t they ever read a history book? Haven’t they read the constitution?
With budget sequestration looming and no deal to avert it in sight, Senate Republicans, eager to avoid blame for any cuts, have devised a strategy that is as unconstitutional as it is ill-advised: Let the president decide what to cut.
According to Politico, Senators Pat Toomey (R-Pa.) and Jim Inhofe (R-Okla.), with “the tacit support of Senate GOP leaders,” have been circulating a draft bill that would suspend the $85 billion in spending cuts required by the sequester. Instead, it would give President Barack Obama until March 8 to come up with an alternative that achieves the same level of savings in the same proportions: Fifty percent from domestic discretionary spending and 50 percent from defense spending. Once Obama laid out his plan, Congress could either allow the plan to become law or pass a resolution of disapproval, by simple majority vote of both houses, by March 22.
Congressional disapproval would not, however, be the end of the story. The president could sign the resolution, thereby deep-sixing his own plan in favor of the sequestration. On the other hand, he could veto the resolution, and then the usual two-thirds vote of both houses of Congress would be required to override his veto, restoring the sequestration.
The plan, which Politico aptly describes as an “elaborate, almost Rube Goldberg construct,” is supported by Senate Minority Leader Mitch McConnell, who said, “The goal isn’t to hand over congressional authority. It’s to make sure these cuts actually happen.”
Of course, if McConnell really wants to ensure that the cuts take place, there is a much simpler way of going about it. All Republicans have to do is not offer a plan of their own and then filibuster any bills the Democrats advance. Voila! The sequester takes effect.
Clearly, then, there is more to this move than simply ensuring that budget cuts occur. If Congress does nothing, or if it puts forth its own plan to avoid sequestration, Congress will get the blame for whatever cuts take place. But if the president is given carte blanche to decide what will be cut, he will become the scapegoat.
“It’s a game,” Sen. Bernie Sanders (I-Vt.) told MSNBC’s Jansing & Co. “The president himself becomes the bad guy; he owns the sequestration. He’s the guy who’s blamed for cutting defense or Head Start.”
It’s an incredibly dangerous game to play. Obama will find a way to blame it on Republicans no matter what, and the media will help him. But once granted more powers, he will NEVER give it back.
Sacrificing what few powers the legislative branch has to hold this out-of-control president in check is NOT a solution!
Once upon a time in America, parents – not the state – were recognized as being primarily responsible for their own child’s education, and children were viewed as individuals with hearts and souls, instead of merely cogs in a collective “workforce.”
President Obama announced a major effort to expand government preschool early this afternoon. The plan would create a “continuum of child care for children from birth to age 5.”
Expanding government preschool, particularly federal preschool, is wrought with problems. Any expansion of government preschool, whether state or federal, comes at the expense of private providers, who must compete with “free” government programs. When the private provision of care is pushed out of the market, that ultimately means fewer choices for families.
Moreover, taxpayers and parents already know what big government preschool looks like: the federal Head Start program. Head Start has had no long-term impact on the cognitive abilities of participating children, has failed to improve their access to health care, has failed to improve their behavior and emotional well-being, and has failed to improve the parenting practices of parents. And this is according to scientifically rigorous evaluations by the program’s own administering agency, the Department of Health and Human Services.
Sadly, the limitations of preschool aren’t unique to Head Start. Georgia and Oklahoma—the two states in the nation that currently have the type of expansive preschool President Obama is proposing—have failed to see benefits accrue from the hundreds of millions of dollars their taxpayers spend annually. In Oklahoma, families have actually seen reading scores decline among children after implementing universal preschool.
Morningland Dairy raided and another family business destroyed 01/25/13
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The FDA is notoriously prejudiced against raw dairy products, and if they personally are opposed to consuming them, fine! But what constitutional authority do they have to tell American citizens what they can and cannot eat and drink? Answer: NONE. With the government takeover of health care, however, you can rest assured that tyrannical attempts to control your diet will increase, not decrease.
The FDA, like so many other federal bureaucracies, has become a tyrannical, unelected, unaccountable apparatus for the Nanny State to rule over Americans instead of representing and serving them. Their goal is not to protect citizens from harming one another, but to protect us from our own choices by restricting them and making them for us. But this abuse of government power is not a victimless crime.
This small, family-armed dairy is the latest casualty in a long line of victims of government abuse and over-regulation. Will your business be next?
MOUNTAIN VIEW, Mo. — After a two and a half year legal battle, 15 tons of cheese made and aged near Mountain View was hauled to a dump. To fans of natural foods, it is monumental waste and over-regulation. To Missouri’s Milk Board, it’s merely protecting public health.
“I see the destruction of what my wife and I and family have worked to build,” said Joseph Dixon, owner ofMorningland Dairy.
Dixon and his family aren’t the only ones outraged by the trashing of about 30,000 pounds of cheese produced on the farm in Howell County.
[...] ”They really haven’t found anything, no sicknesses, no illnesses in 30 years. But it’s what-if. And in the United States of America, if what-if now wins, we have no country left,” Dixon said.
Both Howell County Court and the Missouri Court of Appeals sided with the milk board’s decision to destroy all the cheese.
“We asked for trial by jury; we were denied because it was a regulation, not a law. It wasn’t passed by congress,” said Dixon.
A couple of years ago, the Dixons still had hope of someday making cheese again and were milking daily, but now, the milking barn is empty because the dairy herd is gone.
“If I tried to start back up, it would cost so much to get it in the cooler, and then, if they find, quote, one thing they can complain about, one thing, I’m shut down again, and every bit of that has to be destroyed,” said Dixon.
The Milk Board shut down Morningland’s manufacturing operation and ordered all cheese at the facility embargoed on August 26, 2010 after receiving a report from the California Department of Food and Agriculture that Morningland cheese seized in a raid of the Rawesome food club in Venice, California in June 2010 had tested positive for Listeria monocytogenes andStaphyloccocus aureus. Not a single block of cheese in the warehouse had the same batch number as the cheese seized in the Rawesome raid. A Milk Board inspector initially told Joe Dixon that he would only be shut down for a few days—but that changed when FDA stepped up their involvement in the case a short time later and pressured the Milk Board not to let Morningland resume their operations.
On October 1, 2010 the Milk Board sent the Dixons a letter requesting that they destroy the entire inventory of cheese at the facility; when the Dixons refused, the Milk Board filed a petition in the Circuit Court of Howell County to obtain an order for the destruction of the Morningland cheese.
After a two-day trial before Judge David Dunlop, the judge issued a decision on February 23, 2011 ordering the destruction of the cheese. Morningland appealed the decision but on September 27, 2012 the Court of Appeals sided with the Milk Board. A petition to the Missouri Supreme Court to hear the case was rejected onDecember 18, paving the way for the destruction of the cheese to take place.
Neither the Milk Board nor FDA ever tested any of the cheese stored at Morningland. FDA did take 100 environmental swabs at the facility, all of which tested negative for listeria. There was no accusation that any cheese Morningland produced had made anyone sick; there had never been any reported illness from the consumption of Morningland products in the thirty years the farmstead cheese operation had been in business.
The Morningland case was about FDA’s agenda to restrict access to raw dairy products with the eventual goal of banning them. The agency doesn’t hesitate in sacrificing a business like the Dixons’ in order to move its agenda along.
What message does this send to entrepreneurs who are considering starting their own business and creating jobs? Who wants to take the risk of running afoul of busybody bureaucrats with an ax to grind?
Last year, Obama appointed three radical union hacks to the National Labor Relations Board to push a pro-union (and pro-Democrat) agenda. Knowing that they would never pass muster with the Senate, Obama declared that the Senate was in “recess” – when it clearly was not – and appointed them anyway, bypassing the constitutionally required vetting process.
Thanks to Mark Levin, a lower D.C. court has now recognized the unilateral appointments as blatant violations of the constitution and separation of powers:
Four days after President Obama pledged to “protect and defend the Constitution,” the U.S. Court of Appeals ruled that he violated that oath in making several appointments last year.
The court said Obama’s three “recess” appointments to the National Labor Relations Board weren’t recess appointments at all, since the Senate was still in session when he made them.
Assuming the Supreme Court upholds the panel’s ruling, all the decisions the board made over the past year will be nullified, since without those three there weren’t enough members on the board to make any rulings at all.
[...] Thankfully, there are still some judges around who see the virtue of protecting and defending our “messy” system, even if Obama and his sycophants don’t.
But the ruling has even broader constitutional significance, with the judges arguing that the president’s recess appointment powers don’t apply to “intra-session” appointments — those made when Congress has left town for a few days or weeks. They said Mr. Obama erred when he said he could claim the power to determine when he could make appointments.
“Allowing the president to define the scope of his own appointments power would eviscerate the Constitution’s separation of powers,” the judges said in their opinion.
The judges said presidents’ recess powers only apply after Congress has adjourned a session permanently, which in modern times usually means only at the end of a year. If the ruling withstands Supreme Court scrutiny, it would dramatically constrain presidents in the future.
And the court ruled that the only vacancies that the president can use his powers on are ones that arise when the Senate is in one of those end-of-session breaks. That would all but eliminate the list of positions the president could fill with his recess powers.
Still, the appointees refuse to step down, and the NLRB appointees are continuing to push forward their agenda as if the ruling never happened:
Mark Gaston Pearce, chairman of the National Labor Relations Board…indicated that the NLRB will attempt to continue on regardless:
The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted that this order applies to only one specific case, Noel Canning, and that similar questions have been raised in more than a dozen cases pending in other courts of appeals.
In the meantime, the Board has important work to do. The parties who come to us seek and expect careful consideration and resolution of their cases, and for that reason, we will continue to perform our statutory duties and issue decisions.
Pearce, in short, is indicating that the NLRB’s strategy is to act as if the court’s ruling that the appointments were unconstitutional somehow only applies only to the particular case that went before the Appeals Court and hope that the White House can get the Supreme Court to quickly review the case.
Constitution? What constitution? Who needs a constitution or the rule of law, anyway?
The NLRB does not get to disagree with a Federal Appeals Court. It has already overstepped its jurisdiction infinite number of times. Its opinion of an Appeal Court ruling is completely irrelevant. It does not get to narrowly define the meaning of that ruling. It does not get to stay in business and declare that it will go on doing exactly what it was doing before because it is confident that the Supreme Court will rule in its favor.
But in ObamaTime that is exactly how it works. Powers are seized and the propaganda press starts screaming that this is the way it should be. Obama unilaterally declares the Senate in recess and appoints union lawyers to the NLRB. The NLRB ignores an Appeals Court ruling and declares it will go on functioning.
The rule of Obama is in direct conflict with the rule of law.