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Don’t Be Complacent. Get Your Liberty On

Labor Day is traditionally when the regular folks start to become interested in the upcoming elections. The larger than usual turnout in the GOP primaries makes me think this interest about the upcoming elections started earlier this year. We can’t get complacent and let the enthusiasm wane before November 2. There are no foregone conclusions, and nothing is really won or lost until after the votes are tallied on Nov. 2. We also have to do things in the right sequence. Before we work on changing the leadership of the GOP establishment Republican candidates need to win in the General Election. You are really putting a GOP candidate in an untenable spot when you demand of him to denounce the current GOP leadership. Please wait until December to talk about any of that stuff. The Democrat incumbents are going to fight to hold on to the reins of power, and they are going to try to project themselves as outstanding servants to their constituents. Do not allow them to lie about their voting records. Show people the grade each of them received from Liberty Central.

Liberty Central just completed a video contest, Get Your Liberty On, on Sept. 1. Below are the grand prize winner and runnerup. Below that is an awesome video by C&W duo, Tichenor Clark. So enjoy Labor Day, don’t be complacent, and get your liberty on.

Liberty Central grand prize winner was submitted by AJ Roach, of Pleasant Grove, Alabama:
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Are you inspired yet? If not, check out this moving reflection from a veteran, and resident of Liberty Nebraska, Ralph Bodie.
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One more video created by Jamie Teachenor and Ben Clark for a new song, Never Gonna Stand For This:
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By pilgrim | 06 September 2010 | 2010 Elections,Congress,Diaries,Politics | | View Comments   

Days of Labor in Camel-Not

Less government union Labor per Day, please

The original meanings of many American national holidays, including tomorrow’s Labor Day (originally celebrated on a Tuesday) with its and others removal to Mondays, have given way to the celebration of leisure, especially of the three-day weekend variety for federal employees.

camelot

Most Americans will be thankful that their Obama Administration rulers will take 24 hours off from promulgating new guidelines to “properly” direct our happiness pursuits, but if idleness defines the day for employed government bureaucrats, then over 25 million underemployed Americans and their families (50 million or 16.7% of Americans impacted directly) have been “celebrating” this day for two years, thus dwarfing even 12 days of Christmas.

Hard work worthy of an American holiday celebration didn’t first occur in 19th Century northern industrial sweatshops.

Its harder to organize and collectively bargain with fellow travelers on the Mayflower or cacti obstructing the way west than it is with New York City factory owners when the whistle blows at quittin’ time. Gotta be some nearby deep pockets to pick before one can avert their gaze from the Scripture-endowed labor required before eating.

No, those that labored to found a nation that would become wealthy enough to indulge Jimmy Hoffas didn’t insist on a day celebrating the work that made non-farm subsistence possible in the first place, much less UAW-GM pensions at age 52 that minimum wage Waffle House employees are now taxed to provide.

Fairness at the heart of the holiday

The labor movement that led to this holiday was, first and foremost, at least in the collective American mind, about fairness. Of course, as my Dad used to say to childish whinings about the cruel facts of life, “the fair comes in October,” but the large numbers of former garden-keepers that moved to cities had to eat, riot or starve, and so the movement began. Keep in mind that employers who became so via hard work away from farms had no movement in hard times except movements back to the farm or six-feet under.

But the same Holy Bible insisting on labor before lunch, also promotes one day of rest out of every seven even for its Creator author, and inspired a Constitution meant to preserve endowed and unalienable rights that include the right of free speech and association. Hence the choice of job-providers to bargain with collectives or go back to mules and plows.

Full disclosure requires that DeVine Law reveal his upbringing was enhanced by the relatively better wages earned by Southern Railway, Carmens union members I addressed as Pop and Daddy. I also represented the union and many members in the 1990s. I also listened to the complaints of Daddy about how union policies hurt the company over time by making it nearly impossible to fire incompetent and slothful employees.

Whose labor owns the day?

Even before Americans discovered the true meaning of John Edwards’ “Two Americas” mantra, I have called for Labor Day to be abolished as a national holiday every year since 2006.

Don’t get me wrong, I am all for allowing most all non-military, not postal employees (I like the 44 cents solution) every second Monday in September (and all other days of the year) off from work.

But I have a problem with the Leftist, Democratic Party, class envy definitions of whose labor is worthy of praise, and so I refuse to participate, except to the extent I celebrate the labors of whoever slaughtered the pigs for my bar-be-que, the hands that cook it and Exxon for drilling the oil that gets me to the pit.

Democratic Party contempt for Reagan and ObamaDem policies reveal their true feelings about labor and fairness

Then FDR-New Dealer-Truman Democrat Ronald Reagan essentially gave up Hollywood super-stardom and his marriage to save the Screen Actors Guild labor union he led as President from Communist infiltration, nearly 30 years before he became President of the United States and led the war against the Evil Empire that employed those agitators (community organizers?, but I digress).

Reagan was shot at twice while SAG leader; only once as leader of the Free World, as he operated within the American Rule of Law that made union organization possible. Yet, when he fired illegally-striking air traffic controllers, he was denounced by the same AFL-CIO division of the Democratic Party that never had an encouraging word for him before he faithfully executed the laws as per his Oath.

By the 1980s you see, privilege, not fairness, defined the “movement” (if you can call it that given its decline from 30% of the private sector in the 50s to less than 10% then and now) so much, that Kremlin conversations were abuzz that this Cold Warrior was cut from stronger cloth than Nixons, Kissingers and Carters, if he had the audacity to fire, much less enforce the law against supposed union masters.

Fast forward 20 years and the majority of union members now being paid by taxpayers not only don’t fear being fired thanks to jobs saved or created by ObamaDem “stimuli”; but if existing laws don’t suit them and and their GM counterparts, and Congress won’t or can’t change the laws due to timid blue dogs, Reagan’s successor will deem the law as he sees fit, so long as it fits the SEIU agenda.

America used to be prosperous and fair. Now its Camel-Not. (h/t Rush caller)

The labor movement of the late 19th and early 20th centuries accomplished a lot of good, most of which has been enacted into law to protect the health, safety and minimum wages of all workers. Many individual unions have been a blessing too many an employee and kept the faith with owners and managers in not killing the goose that made golden eggs possible. UPS comes to mind.

In many ways, the drastic decline in the percentage of private sector union employees is a result of union and American success and unparalleled prosperity over the past 100 years.

I find the existence and recent growth of the government union movement to be insidious ( a subject for another day), but at least before President Barack Obama and super-majorities of Democrats started carving out special privileges for their labor union benefactors both in and out of government, one could say that the battles had been, on the whole, “fair”. Not so at Obama’s un-round table.

In the wake of the assassination of her husband, former First Lady Jackie Kennedy referred wistfully to the 1000 days of America’s romance with JFK as like “Camelot”. Why did she echo the words of the legendary King from Excalibur after the end of the great prosperous fellowship of the Round Table (pictured) and Camelot:

” Let us remember, so that we may have it again.”

It, being a rule of law applying equally to Kings, Lords and Commoners. It, being the rights acknowledged by the Magna Carta. Sounds like America used to be doesn’t it. Sounds like the days before a President could kill prosperity with TRO-violating oil-drilling moratoriums, doesn’t it?

Looking forward to celebrating Labor fairness everyday, but first please, some labor

I believe most unelected Democratic voters care about labor, i.e. people. I also believe that bad dentists care about the patients who suffer from the pain they cause. But given the results of the leftist policies that have failed every time the Democrats had the votes and a President to impose them in the late 60s, late 70s and late 2000 naughts, one would be hard-pressed to gather enough evidence to convict them of caring about labor, jobs, the poor and middle class in a court of law.

Is it fair? Has it “worked”?

ObamaDems taxed non-government individuals and businesses and printed and borrowed trillions over the past 20 months, promising to “save and create”enough jobs to keep unemployment under 8%. Unemployment in the District of Columbia and many blue state capitols where government jobs were saved and created. Jobs that we will have to be taxed to pay for, forever.

Was that fair? Did it “work”?

Well, not if by “work”, you mean achieving the stated goal of less than 8% unemployment. Unemployment in non-Districts of the United States, called “states” (you know, the entities that formed a federal government of limited powers, and who are now slaves to the monster, Dr. Reid Pelosi Obama created, still hovers near double-digits as the underemployment rate approaches Great Depression numbers.

Beyond that is it fair that:

Pitchforks get sicked on companies that dare question pay czars, secured bond holders, doctors and insurance companies?

EPA issues regulations by executive fiat when Congress tires of the three-times-a-charm ObamaCare strategy on how a bill becomes a law?

Federal judges issue orders allowing some of the 25 million American Idles to labor in the Gulf of Mexico, and the Commander-in-Chief puts them out of work the next day with the threat of attacks by the Coast Guard instead of the usual Rahm Emmanuel steam room visit?

What of executive orders giving preference to unionized companies instead of low bids, regardless of unionization?

Where is Edison’s Bulb and Chevy’s Corvette and why isn’t the Ford Mustang also subsidized?

Fannie, Freddie and Dodd bills still impose racial quotas on mortgage lenders despite the bubble as mortgage-paying taxpayers fund the sloth, drinking tea through gritted teeth.

Bailouts for Ye Olde Obama’s union and other pals, but not for Thee, We the People.

And if you don’t like ObamaCare, take a painkiller and go home to die.

Sound fair? Didn’t think so.

So what do we celebrate on Labor Day 2010?

I’ll celebrate the labor of responsible labor unions, with my greatest praise reserved for those that created the jobs and the companies through their unsung labors in the first place.

I’ll celebrate the labors of the founders, the warriors and the slaves that built and eventually built and protected the City on a Hill.

Most of all, I will celebrate the labors of God Almighty, his son Jesus Christ and his followers of the past 2000 years.

Then, I will rest, but not for long, because the only way the City on a Hill will shine again, will be through countless man-hours of mostly, non-union, yet united, labor.

Mike DeVine

“One man with courage makes a majority.” – Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com

By Mike gamecock DeVine | 05 September 2010 | Diaries,Economic Policy | | View Comments   

Liberty Central Grades the 111th Congress

I love the Liberty Central website as an excellent place for me to use for political research. I especially like the legislative scorecards they did for the 111th Congress. All 535 members of the US House and US Senate received a grade from A to F. They based the grades on 12 House votes and 14 Senate votes that they decided had the most effect on their five principles of liberty. These grades make so much more sense to me than any scorecard I have seen by ACU, CFG, or NTU. I like it so much that I crunched some numbers from it to create this diary. I took the results for 5 incumbent Dem Senators and 27 incumbent Dems in the US House that the experts are calling toss-ups. The grades they have received do not provide a reason to call these races toss-ups for anyone except possibly Bobby Bright. We need to remember these important votes, and not allow anyone to distract us from the fact that the votes are really what matters most. When a Susan Estrich opines that that there are fissures and divisions in the Republican Party what she is actually saying is that she will be less bummed about a Democrat losing to a liberal Republican. I say let her be bummed. Let's nominate and elect Republicans who can earn an A from Liberty Central instead of an F. We can do this as long as we GOTV and don't allow our enemies to distract us. They will be trying. They are very trying.

Liberty Central compiled scores for all Senators, in order to determine which Senators have the most respect for five principles: limited government, individual liberty, personalresponsibility, free enterprise, and national security.

The 14 Senate votes measured

Dodd-Frank Conference Report*
Murkowski Resolution*
Border Fence*
Financial Reform*
Earmark Moratorium*
Health Care*
SERVE/Americorps*
Stimulus*
Sanctuary Cities*
Terrorist Trials in Civilian Courts*
Lilly Ledbetter*
Repeal DC Gun Ban*
TARP Rescission*
School Choice*

Scores were calculated as follows.

1 point for each vote that contradicted our five principles (e.g., growing the size of government, weakening our national defense, or taking measures against the free market).

1 additional point for sponsoring or co-sponsoring one of the aforementioned bills, since the Senator proudly attached his or her name to that measure.

1 point for opposing legislation that supports the five principles.

In other words, the higher the score, the worse the Senator. Tallied points for each Senator and assigned grades based on the following scale: A=0 to 1 points, B=2-3 points, C=4-6 points, D=7-8 points, F=9 and above.

Incumbent                                         Grade         Score
Bennett, Michael (D-CO)                       F               12
Boxer, Barbara (D-CA)                          F                15
Feingold, Russ (D-WI)                          F                15
Murray, Patty (D-WA)                            F                15
Reid, Harry (D-NV)                                F                15

Liberty Central compiled scores for all Representatives, in order to determine whichRepresentatives have the most respect for five principles: limited government, individual liberty, personal responsibility, free enterprise, and national security.

The 12 House votes measured

Don't Ask Don't Tell*
Financial Reform*
Student Loan Takeover*
Cap and Trade*
Health Care*
Stimulus*
SERVE/Americorps*
Lilly Ledbetter*
Hate Crimes*
DISCLOSE*
TARP Rescission*
Missile Defense*

Scores were calculated as follows.

1 point for each vote that contradicted the five principles (e.g., growing the size of government, weakening our national defense, or taking measures against the free market).

1 additional point for sponsoring or co-sponsoring one of the aforementioned bills, since the Representative proudly attached his or her name to that measure.

1 point for opposing legislation that supports the five principles.

In other words, the higher the score, the worse the Representative. Tallied points for each Representative and assigned grades based on the following scale: A=0 to 1 points, B=2-3 points, C=4-6 points, D=7-8 points, F=9 and above.

Incumbent                                         Grade         Score
Arcuri, Mike (D-NY24)                            F                12
Bishop, Timothy (D-NY01)                     F                 15
Boucher, Rick (D-VA09)                        D                  8
Bright, Bobby (D-AL02)                         B                  2
Carney, Christopher P. (D-PA10)          D                  8
Connolly, Gerald E. "Gerry" (D-VA11)   F                14
Foster, Bill (D-IL14)                               F                12
Giffords, Gabrielle (D-AZ08)                  F                15
Hall, John (D-NY19)                             F                 15
Heinrich, Martin T. (D-NM01)                 F                15
Hill, Baron (D-IN09)                               F                  9
Kagen, Steve (D-WI08)                          F                13
Kirkpatrick, Ann (D-AZ01)                      F                  9
Klein, Ron (D-FL22)                              F                14
Marshall, James (D-GA08)                    D                  8
McMahon, Mike (D-NY13)                      F                11
McNerney, Jerry (D-CA11)                    F                 12
Mitchell, Harry (D-AZ05)                       F                   9
Murphy, Patrick J. (D-PA08)                 F                 16
Nye, Glenn C. (D-VA02)                       F                   9
Rodriguez, Ciro (D-TX23)                     F                  12
Schrader, Kurt (D-OR05)                      F                 12
Shuler, Heath (D-NC11)                       D                   8
Skelton, Ike (D-MO04)                          F                  11
Space, Zachary T. (D-OH18)                F                  10
Spratt, John (D-SC05)                          F                  12
Sutton, Betty (D-OH13)                        F                   15

By pilgrim | 04 September 2010 | 2010 Elections,Congress,Diaries,Politics | | View Comments   

GOP should wield King Dream as moral weapon

No longer any need for whites and conservatives to fear the race card

The Glenn-Beckoned, conservative multi-racial throngs honoring God, Country, and the Constitution in Washington, D.C. this past weekend, now own Martin Luther King Jr.’s Dream.

Conservatives and Republicans have lived the dream in public and private for decades from the GOP’s birth as the party of slavery abolition; passage of two Civil Rights Acts combating Jim Crow before President Lyndon Johnson; and voting in greater percentages than Democrats for the 1964-5 Civil Rights and Voting Rights Acts, respectively.

Yet, despite that history, it has been the Democrats and their Media branch that have wielded the racial and bigotry moral cards against Republicans for over 40 years, even as they victimized blacks and the poor with their proven failed economic, welfare, and foreign policies

As David Horowitz points out in the “How to Beat Democrats” (also a separate book by that name) chapter in his 2003 Left Illusions, the World’s Oldest Political Party has long understood that:

“…the key to American politics is the romance of the underdog …[as] the cause of the underdog wins American hearts because it resonates with our deepest religious and moral convictions…”

Horowitz goes on to explain how every Democratic Party policy is presented as a program to help victims. When de jure segregation was being torn down, there were many identifiable authentic victims of actual racism and racist laws. But after legal racism was abolished in the late 1960s, the increasing paucity of actual such victims caused the Left to invent “institutional” racism that made every black person in the Lower Forty-Eight a victim based on the presumed racism of all Caucasians.

Meanwhile, as most whites and blacks increasingly got along in the actual America as they enjoyed Oprah, Michael Jordan and Colin Powell; the Democratic Party treated us to an ongoing vision of bridges in Selma with tolerance and amens for the sermons of Jesses, Als, Jeremiah Wrights and even Louis Farrakhan.

Southern whites rightly had to purge or reform their kooks. The Democratic Party and the Media protected radical whites like Bill Ayers and all the black kooks on the left, even as they branded Clarence Thomas and Condoleeza Rice as “Uncle Toms.”

Whites indulged this fiction in fits and starts, especially after the Reagan Revolution fixed the economy for 25 years. Then came the recession, a Bush-McCain-damaged GOP brand, and a hear-no-evil indulgence in Hope, Change and the final purging of White Guilt.

The race cards have were purged from the Left’s political deck of effective cards as Obama has acted out Reverend Wright’s sermons he supposedly never heard.

Who are the underdogs now?

Now we have moral high ground of King’s Dream.

So, what will we do with it?

I hope we do what the Dreaming Preacher did and wield it as a moral club to shame those liberals and Democrats, black and white, and all that have betrayed content of character evaluations according to America’s creed in favor of Jim Crow 3.0 race-based laws and judgments.

Much of the housing bubble can be traced to federal government-forced lending to people that couldn’t dream of paying the mortgages, with much of the prodding done under threat of being charged with racial discrimination; and even the new Fannie-Freddie guidelines have racial quotas.

Republicans and conservatives have long been reluctant to wield the moral card against their opponents, even as it has been wielded against us 24/7/365 for 45 years. The GOP has too often discussed issues such as welfare and economic policy as management issues rather than the moral issues they are.

Our Founders considered themselves as victims of a distant King and Parliament that were denying them their rights to earn a living.

So, who are the victims today?

Well, nearly half a million people don’t seek out sweltering D.C. heat for the joy of the heat. No, majorities of We the People now understand that they are being victimized by failed liberal policies that are hitting their pocketbooks and liberty hard, even while being accused of being racists, bigots and homophobes for daring to preserve marriage, Ground Zero and the border.

One of the more vile characteristics of the Left is that they accuse conservatives of being bad people rather than making reasoned arguments against our policies or for their own. We routinely accept the “goodness” of the intentions of the Left and argue against the wisdom of their policies based on actual results.

I do not want the GOP to mimic the vile demonization characteristic of the Left.

But I do think that we must seize the moral underdog narrative on behalf of the victims of ObamaDems’ policies.

We must point out the immorality of false racism allegations at home; insulting apologies for America on the foreign soil of true tyrants that ignore the sins of aliens that justifiably bring on American wrath; economic policies that demonize job producers at the expense of rewarding political allies in unions, banks and state and local governments; and of policies that rub 911 in our face with “OJ” trials for KSM and a mosque for him to pray in during court breaks.

Captain Ahab Liberals search for the Moby Dick KKK Whale

The Drive-By Media and Democrats have breathlessly reported the overwhelming numbers of Caucasians, especially including notorious white conservatives Glenn Beck and Sarah Palin, at this weekend’s “Restoring Honor” rally at the Linc0ln Memorial, on the 47th anniversary of Martin Luther King Jr.’s “I have a Dream” speech, as if it were a blight on the Christian preacher’s legacy.

Lewsi Grizzard used to write often of the obsession of Yankees with imagining most Southerners having Grand and minor Wizard eye-hole-punched sheets hanging in their closets. Instead, no such sheets were found among the hundreds of thousands with Beck. Rather, they found whites shedding tears of racial-harmony joy while living Martin’s Dream.

Would the Left prefer that significant portions of the 75% majority white population eschew celebrations of honor, faith, hope and charity? “Rev Al” claimed it was an “insult” to King for Glenn Beck’s rally to be held on the anniversary of the March on Washington. Really?

Let’s see, King honored “America’s Creed” (Constitution); was an ordained minister and gave a speech. We wonder, when was the last time Al Sharpton and CNN “reporters” read these lines:

I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.

I have a dream today.

I have a dream that one day, down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of interposition and nullification; one day right there in Alabama, little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.

The character content message anathema to a Democratic Party obsessed with the identity politics of race and sex.

The Pathology IV

Finally, the kooks and pathologies (I, II and III) regarding same in the black community are coming home to roost so that maybe they can finally be purged, thus paving the way for blacks to escape the Democratic Party plantation.

Americans who held their hands over their ears while wanting to like Obama more than McCain, now hear echoes of Wright and Farrakhan in denunciations Cambridge cops protecting the property of a black man and apologies for imams that won;t denounce Hamas.

When welfare changed

In chapter four of John McWhorter’s 2006 Winning the Race, the change in welfare as we knew it before Bill Clinton and Newt Gingrich fixed it, is documented as having begun when LBJ adopted the New York state policies of seeking out recipients. Heretofore, most people that qualified for going on the dole refused to apply due to pride.

The change was immoral. It essentially kicked the black man out the house and made Uncle Sam daddy.

It destroyed the black family and greatly damaged the white family, yet liberals have continually advocated the policies behind that destruction. In fact, in ObamaDems’ first act in 2009, they included the repeal of Clinton-Newt welfare reform in the Stimulus-that-didn’t bill.

Their policies are immoral in their effect and conservatives should get in Democrats faces and say so live on CNN every time they get the chance.

No more need to worry about being called a racist.

You did see the Mall this past Saturday didn’t you?

Mike DeVine

“One man with courage makes a majority.” – Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com

The Curse of Arrowhead and the Death of Good American Education

NFL junkies like myself are aware of an old curse that has afflicted the fortunes of Kansas City Chiefs football teams ever since they tore down their old complex and built Arrowhead Stadium. This curse, The Curse of Arrowhead, is perhaps not as virulently toxic as having Dan Snyder LBO your favorite team. However, it supposedly explains why the team stopped being competitive in Super Bowls after building the new stadium in which to play their games.

The year was 1985, Kansas City Schools had been taken to court and a Federal Judge, with the customary modesty that befits the modern judiciary, decided that he would do a much better job of running the organization than a bunch of people who, you know, had formerly taught or something. Like the alien invaders at the end of Rush’s 2112 Suite, Judge Russell Clark assumed control. Since, the Curse of Judge Clark has laid low the fortunes of Kansas City Schools.

Using Civil Rights Act jurisprudence as a legal gravamen, he imposed a $2B, 12 year mandate on The State of Missouri. Kansas City proceeded to massively upgrade its physical capital and institute a forced integration program. The latter proved challenging, owing to the paucity of non-minority students attending school in the district, but Judge Clark plowed ahead.

To fund this ambitious project in civic fascism, Judge Clark raised property taxes by 150%, and imposed a 1.5% income tax surcharge. When the taxpayers of Missouri could no longer pony up the rest, he went to the state government and hit them up for the balance. The results remind the objective reader more of The Recovery Summer than the Platonic Academy. Paul Ciotti writes of the experiment below.

For more than a decade, the Kansas City district got more money per pupil than any other of the 280 major school districts in the country. Yet in spite of having perhaps the finest facilities of any school district its size in the country, nothing changed. Test scores stayed put, the three-grade-level achievement gap between blacks and whites did not change, and the dropout rate went up, not down.

(HT: The Cato Institute)

We fast-forward to the present and see an even more tragic and human result from the feckless, arrogant and fascist enstupidation of Federal Judge Russell Clark’s unmitigated Progressive hubris. Today, 10 years after the mega-funded educational fiasco, Kansas City still struggles. The billions of dollars have been dissipated in a manner reminiscent of a drunkard leaning over a urinal. The schools still fail, the money has long gone, and the new generation of children stand there and eat the unintended consequences of unmitigated big-government hubris.

Like many who compete for good grades, Micah Chaney imagined this moment in her life to be different. She envisioned a “rise to the top,” where the finest colleges waited to be wowed. Now with her education in the Kansas City School District nearly complete, can she still see it? “No,” Micah, 16, told the school board last month. The auditorium fell silent. “I just don’t think I’m that prepared.”

(HT: Rick Montgomery, The Kansas City Star)

Montgomery continues to describe the woeful management that occurred both with and without enlightened Federal Judges to make all the trains run on time.

In fatter fiscal times, the budget pie was portioned, by and large, to feed grown-ups or fulfill judges’ orders. Some slices were carved to fight social ills related to gangs, drugs and homelessness. Or to take advantage of federal grants awarded to groups promoting, say, sexual abstinence. Student achievement? In many classrooms, success was just the cherry on top, if success occurred at all.

That so many of the neediest kids were seen as commodities was an open secret. Their economic needs and learning issues meant more public dollars and grants for the city schools. Yet the district’s overall scores in math and communications seldom reached half the levels targeted in recent years by the state of Missouri.

(HT: Rick Montgomery as cited above).

Now, with yet another Superintendant, their 26th in the last 40 years, Kansas City, Mo faces all the same problems that Judge Russell Clark came to save them from. Only now, they have no money to solve them with and no Federal Judge to Shanghai taxpayers into forking over more loot. Schools have been closed, teachers have been laid off. If I had to guess, this new superintendant will last about 1.5 years as well. Roman Barracks Emperors had better prospects during the 3rd Century AD. Cives on the Roman sportulary had better future prospects than the citizens sending their kids to Kansas City Schools.

Some would read this blog cynically, accuse me of being a San Diego Chargers fan or something, and just write all of this off as bias. Except that the failures in Kansas City can teach an object lesson and the idiotic philosophies from whence these terrible spending initiatives sprung still dominate the policy conversations involving education in America. John Derbyshire describes how the public school system his children attend plans to abuse a $700M government grant.

$219.7 million: New standards and assessments, revised curriculum. $177 million: Programs still to be determined that comply with federal education reform priorities. $113.6 million: Improvements at failing schools. $110.3 million: Training of teachers and school principals. $64.2 million: New data systems to track student performance.

(HT:NRO)

Given that description of expenditures, I see no possible way to insure this money will be spent wisely or in a manner consistent to the needs of children. Yet education gets funded without oversight and everyone assumes that the tooth-fairy will make these officials use it for the children. In Los Angeles, CA the LAUSD opens a $578M “Taj Mahal” school; The Robert F. Kennedy Community Schools. Reactions predictably differ.

“There’s no more of the old, windowless cinderblock schools of the ’70s where kids felt, ‘Oh, back to jail,’” said Joe Agron, editor-in-chief of American School & University, a school construction journal. “Districts want a showpiece for the community, a really impressive environment for learning.”

However, parent groups want to know if this big, impressive building will actually help their children learn.

“New buildings are nice, but when they’re run by the same people who’ve given us a 50 percent dropout rate, they’re a big waste of taxpayer money,” said Ben Austin, executive director of Parent Revolution who sits on the California Board of Education. “Parents aren’t fooled.”

Thus educational spending has been and still remains a completely unaccountable government spending piggy-trough. Nobody tells the education lobby no. They can’t ever seem to make it passed all the “underprivileged” children serving as human shields. This hits at the true tragedy of our soul-sucking educational establishment.

These children will never stop being underprivileged or having special needs. If their needs ever got fed, and the children could truly stand on their own, this would be a loss to the American educational bureaucracy. Kids that read, write, have goals and don’t take Ritalin just don’t justify a big enough budget…

By Knight of the Mind | 27 August 2010 | Diaries,Domestic Policy,Policy | , , | View Comments   

For Slandering Americans and Ignoring the Plight of Muslim Women, The New York Times Deserves to Wear the Cone of Shame

OK–it’s time to just come out and say it. Liberals must be desperate, because–with regard to the Ground Zero mosque (as with so many other past cultural issues)–Barack Obama has sided against the American people–again. How do I know this to be true? Well, let’s just look at the steady stream of hysterical op-eds coming out of The New York Times slandering the American people as racist, Islamaphobic, unpatriotic dumb-dumbs. (Yes, I know, liberals must be pretty desperate to play the patriotism card–I thought they thought that patriotism was gauche.)

For instance, last weekend, TV entertainer, Dick Cavett, wrote a column titled, Real Americans, Please Stand Up. (Did you get that? If you disagree with him about the Ground Zero mosque, you aren’t a “real American”.) In this op-ed, Cavett goes on to lament how “ashamed of us” he is, and he even goes so far as to write the following insanity–

As a war kid, I also heard an uncle of mine endorse a sentiment attributed to our Admiral “Bull” Halsey: “If I met a pregnant Japanese woman, I’d kick her in the belly.”

So now, not only am I not a “real American”, but I want to kick pregnant Japanese women in the belly.

Oh, but Mr. Cavett is not alone in his inane ramblings. On Sunday, theater critic, Frank Rich, wrote a column titled, How Fox Betrayed Petraeus, and on Monday cultural writer, Nicholas Kristof, wrote a column titled, Taking bin Laden’s Side.

Now, just from the titles of these op-eds alone, it should be painfully obvious what The New York Times is trying to do–i.e., “otherize” all opponents of the Ground Zero mosque as bigoted, anti-American rednecks with the worst possible motives. However, all of these columns were rich in over the top rhetoric, but deeply lacking in any information about the previous troubling, statements from Imam Feisal Abdul Rauf (the man behind the mosque), or the fact that that Iman Rauf has not been at all transparent about where the money’s coming from to build this mosque at Ground Zero. So, for flat out slandering the American people as anti-American bigots–and being disingenuous as to why they are really upset about the Ground Zero mosque–The New York Times deserves to wear “The Cone of Shame”.

Speaking of Imam Rauf, I would very much like to take a closer look at him before going much farther. To be specific, soon after 9/11, Imam Rauf called America “an accessory to the crime” (in reference to 9/11–see embed below), has refused to condemn Hamas as a terrorist organization, has stated that, “The US has more Muslim blood on it’s hands than Al Queada”, and has refused to swear off money from Iran or Saudi Arabia for the one hundred million dollar Ground Zero mosque (that could very well be terrorist/blood money).

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Second of all, it seems to me that Imam Rauf is being deliberately provocative by calling the Ground Zero mosque “The Cordoba Mosque”, which would be named after The Cordoba Mosque in Spain built by the Moors when they conquered the Christians in 600 AD. (It is a well-known fact that Muslims build a mosque on ground after they conquer it. Why don’t they just call the Ground Zero mosque the “We Conquered Your Ass/Who’s Your Daddy?” mosque and get it over with?)

Furthermore, I find the sheer size of the mosque–or the fact that it looks like a skyscraper or a giant monument to Islam, rather than a house of prayer–to be deliberately provocative as well. Now, in his recent column, Nicholas Kristof shamefully compared the Ground Zero mosque to a YMCA. However, how many YMCAs look like the image below? I rest my case.

[FYI, my husband and I went to Egypt on our honeymoon and we toured a slew of Medieval era mosques--NONE OF THEM looked like that, but I digress.]

By the way, it’s not just me who feels like this. Real moderate Muslims–you know, the ones who don’t blame America for 9/11 and who have no problem calling Hamas a terrorist organization–have stated that the Ground Zero mosque is in poor taste and is deliberately provocative. To be specific, on The O’Reilly Factor, moderate Muslim, Raheel Raza, called the Ground Zero mosque “confrontational, in bad faith, and a slap in the face to all Americans” (see embed below). (Ms. Raza has since received a threatening phone call from the property owner of the Ground Zero mosque for speaking out against it.)

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Moreover, a secular/moderate Muslim, named Neda Bolourchi whose mother was killed on 9/11, wrote a column for The Washington Post titled, Build Your Mosque Somewhere Else. Specifically, she wrote the following with regard to the Ground Zero mosque–

From the first memorial ceremonies I attended at Ground Zero, I have always been moved by the site; it means something to be close to where my mother may be buried, it brings some peace. That is why the prospect of a mosque near Ground Zero — or a church or a synagogue or any religious or nationalistic monument or symbol — troubles me.

I do not like harboring resentment or anger, but I do not want the death of my mother — my best friend, my hero, my strength, my love — to become even more politicized than it already is. To the supporters of this new Islamic cultural center, I must ask: Build your ideological monument somewhere else, far from my mother’s grave, and let her rest. “

Oh, but silly me. I forgot. According to Dick Cavett and The New York Times, Ms. Bolourchi is just an Islamaphobic bigot who wants to kick pregnant Japanese women in their bellies.

However, what I find to be the most troublesome feature of the whole Ground Zero mosque brouhaha, is the fact the Imam Rauf has referred to America as “A Sharia compliant state”.

Now, why is calling America a “Sharia complaint state” so troubling? Well, to understand why that statement is so troubling, one has to first understand what exactly Sharia Law is and what it entails/allows for.

Sharia Law is a particular type of fundamentalist Islamic law that dates back to the time of Muhammed, and deals specifically with many topics addressed by secular law, including crime, politics and economics, as well as personal matters such as sexuality, hygiene, diet, prayer, and fasting. Classic Sharia Law is most famously practiced in Iran and Saudi Arabia (two places that Imam Rauf won’t swear off taking money from). For instance, under Sharia Law, hanging homosexuals is perfectly OK (warning–Allahphundit has the photos of this happening in Iran in this link and they are disturbing)–which is why Greg Gutfeld has called for a Muslim gay bar to be built right next to the Ground Zero mosque. Furthermore, strong adherents to Sharia Law have absolutely no problem with beating women, or even disfiguring them, if they disobey their husband. (For example, we’ve all seen the, now, infamous image below of the woman whose nose and ears were cut off by the Taliban. However, The New York Times was mad at Time magazine for running the image–they called it “war porn”–instead of the Taliban and Sharia adherents for cutting her face up in the first place.)

However, I would say that the worst part about Sharia Law is that it condones honor killings of women (which have recently been on the rise in America)–and, in particular, stoning them to death. Below is an embed of an exert of a film called The Stoning of Soraya M that NewsReal’s own Chris Yogerst has written about in great detail. It is extremely painful to watch (it, literally, gave me nightmares), but it is important that we don’t turn away and avert out eyes from this horror simply because it makes us uncomfortable.

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Now, after gazing into the horrible face of Sharia Law, I can’t help but be reminded of David Horowitz’s chilling exchange with a member of the Muslim Student’s Association when he asked her if she would condemn Hamas (who also condones Sharia Law).

Here is a piece of the exchange (see embed below for the entire exchange)–

Horowitz:

If you don’t condemn Hamas, obviously you support it. Case closed. I have had this experience at UC Santa Barbara, where there were 50 members of the Muslim Students Association sitting right in the rows there. And throughout my hour talk I kept asking them, will you condemn Hizbollah and Hamas. And none of them would. And then when the question period came, the president of the Muslim Students Association was the first person to ask a question. And I said, ‘Before you start, will you condemn Hizbollah?’ And he said, ‘Well, that question is too complicated for a yes or no answer.’ So I said, ‘Okay, I’ll put it to you this way. I am a Jew. The head of Hizbollah has said that he hopes that we will gather in Israel so he doesn’t have to hunt us down globally. For or Against it?

MSA member:

For it.

Horowitz:

Thank you for coming and showing everybody what’s here.

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So, in conclusion, I would like to ask all of the liberals at The New York Times who are in support of the infamous Ground Zero mosque–”Are you for it or against it?”, with regard to the US becoming “a Sharia compliant state”, as well as Imam Rauf’s refusal to condemn Hamas. These are not issues that you can sit back and shamelessly sip your latte while you try to morally equivocate by uttering idiocies such as, “Radical Christianity is as big a threat as radical Islam!” or, “But, George Bush!!”. You are either for honor killings, or you are against them. You are either for hanging homosexuals, or you are against it. You are either for stoning women, or you are against it. You are either for mutilating women, or against it. You are either for rounding up all of the Jews and killing them, or you are against it. There is no middle ground on these issues or wiggle room for a nuanced position. And, if you take money from countries who support these kinds of activities in order to build a mosque at Ground Zero, refuse to call out Hamas as a terrorist organization, or support the building of a mosque by someone who thinks that “America is a Sharia compliant country”, then that is the same thing as being “for it” in most sane people’s book, who don’t want any part of America to be “Sharia compliant”, much less Ground Zero.

Moreover, it’s quite obvious to me what happened here–or rather, how The New York Times (and liberals in general, not to mention President Obama) found themselves on the wrong side of this issue and siding with an Imam who actually praised the 1979 Iranian Revolution. The New York Times, as well as many of it’s readers, reflexively and shamefully side against the majority of Americans and always assume that they are racist or have bad intentions. (One only need to look to the fact that Frank Rich wrote an entire column bashing America on The Fourth of July as evidence of this unfortunate fact.) In other words, if the bitter, gun-clingers in Middle America are against the Ground Zero mosque, then The New York Times is reflexively for it, without even looking into it, or asking any hard questions about the project. They, blindly, took this Imam at his word that he was a “moderate”. (By the way, I went to medical school with several moderate/secular Muslims, and they would be insulted if you lumped them in the same category with this Imam.) And now that they got caught with their pants down not having done their homework, they are screaming “Raacist!!” in order to shut people up and distract from their own incompetence. I think that Mark Hemingway put it best when he wrote the following–

It reminded me a of a joke from last season’s “30 Rock,” where Alec Baldwin’s character was being told that in order to protect the feelings of a co-worker, he needed to “lie to her, coddle her, protect her from the real world.”

Baldwin’s retort? “I get it. Treat her like the New York Times treats its readers.”

The media seem to think they must reflexively defend any minority thrust into the public square from intolerant hordes throwing nooses around lampposts. But since 9/11 there’s been almost no violence or concerted oppression of America’s peaceful Muslim community.

At the same time, Americans remain clear-eyed about the fact certain Muslim attitudes are on a collision course with Western society. The mosque’s backers may be tolerant relative to the Taliban and other Muslim extremists. However, their refusal to condemn Hamas and the fact that they won’t rule out taking money from Iran cannot be considered tolerant by any enlightened standard.

Furthermore, Dick Cavett’s shameful ignorance was on full display for all to see when he wrote the following–

“What other churches might be objectionable because of the horrific acts of some of its members? Maybe we shouldn’t have Christian churches in the South wherever the Ku Klux Klan operated because years ago proclaimed white Christians lynched blacks. How close to Hickam Field, at Pearl Harbor, should a Shinto shrine be allowed? I wonder how many of our young people — notorious, we are told, for their ignorance of American history — would be surprised that Japanese-Americans had lives and livelihoods destroyed when they were rounded up during World War II? Should all World War II service memorials, therefore, be moved away from the sites of these internment camps? Where does one draw the line?”

My response would be if that Christian church was funded in part by white supremacists, and refused to call out the KKK, then no, they should not be allowed to build next to a monument where blacks were lynched by whites. Not to mention, if Fred Phelps–you know, the “God hates F*gs” guy–wanted to build a church next to a military base (or even next to a gay bar in San Fransisco), I would say no to that idea as well. And finally, I think that Charles Krauthammer explained it beautifully when he wrote the following–

“That’s why Disney’s 1993 proposal to build an American history theme park near Manassas Battlefield was defeated by a broad coalition that feared vulgarization of the Civil War (and that was wiser than me; at the time I obtusely saw little harm in the venture). It’s why the commercial viewing tower built right on the border of Gettysburg was taken down by the Park Service. It’s why, while no one objects to Japanese cultural centers, the idea of putting one up at Pearl Harbor would be offensive.

And why Pope John Paul II ordered the Carmelite nuns to leave the convent they had established at Auschwitz. He was in no way devaluing their heartfelt mission to pray for the souls of the dead. He was teaching them a lesson in respect: This is not your place; it belongs to others. However pure your voice, better to let silence reign. “

Now, I realize that it’s a lot more fun for liberals at The New York Times to use this issue to look down their noses at Sarah Palin and Middle America, than it is for them to actually, you know, look into this issue and do some real reporting on it. However, their inability to recognize real evil here when it is, literally, throwing rocks at their face, is shameful–and it’s actually quite racist. Why? Because they are sacrificing these Muslim women (and gay Muslim men) on the alter of multiculturalism just so that they can pat themselves on the backs about how “tolerant” they are.

[By the way, The New York Times couldn't even bother to report on a recent would be stoning in Iran that we here at NewsReal covered for days. David Swindle, our managing editor, even put up a petition in order to stop the woman from being stoned to death. Full disclosure--I signed the petition.]

I mean, suppose some small town in Middle America decided to try to pass laws allowing for the stoning of adulterous women or the hanging of gay men? I guarantee you that The New York Times would be up in arms over it–and rightfully so (especially Nicholas Kristof who fancies himself as a spokesmen for women’s rights). However, now an Imam–who would take money from countries who participate in this kind of evil, who praised Sharia Law and the Iranian Revolution, who says that the US has more blood on its hands than Al-Qaeda, and who won’t condemn Hamas–wants to build a mosque at Ground Zero, and they are attacking his critics as “anti-American”?! Please! The New York Times would never turn a blind eye like this to the plight of Western women, but they are totally ignoring the plight Middle Eastern women, just so they–initially–could shout, “I’m more multicultural than thou are!”. And now, so they don’t have to admit a mistake.

So for refusing to do any honest reporting with regard to Imam Rauf, and then for calling the critics of the Ground Zero mosque “anti-American raaaaacits!!”, The New York Times ought to be ashamed of itself.

Put them in the Cone of Shame!

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This diary was cross-posted from NewsReal, and it is also posted on 73 Wire, Many Faces of Barack and Hillbillypolitics.

Sager knows Texas tea best for Florida-05

Oil made the sun shine on more than just gators in the Sunshine State

Land O’ Lakes  is a long way from New York City. New Yorkers vacationed in the Hamptons when horses and buggies were atop Dow Jones’ transportation index . The beaches Floridians understandably want to protect wouldn’t be an economic engine if oil weren’t drilled somewhere.

Moreover, given the puny effect of the recent “worst oil spill in American history”, and only the third newsworthy oil spill since it first gushed out of a Pennsylvania well in 1859, even “tanning king” George Hamilton couldn’t seriously argue against drill, baby drilling for the substance that fuels the modern world.

Yet, rarely do we find Florida politicians (and Democrats anywhere) who dare utter such obvious truths, even when they are nationally-known tea partier darlings named Marco Rubio. But, after this Gamecock combed the beaches south of our adopted Peach State roost with our DeVine-ing rod, we found a better brand of tea.

Fresh orange juice vs. Frozen-in-cans establishment-endorsed pulp

Political newcomer Jason Sager (CAN-R-FL-05) opposes President Barack Obama’s moratorium on deepwater offshore drilling, and thinks Florida and other Gulf Coast states should chase BP in federal court for damages related to the Deepwater Horizon disaster.

By contrast, Hernando County Sheriff Rich Nugent, endorsed by outgoing incumbent GOP Rep. Ginny Brown-Waite, supported President Obama’s initial job-killing measure, as well as the administration’s Temporary Restraining Order-defying second oil drilling measure.

“Let’s find out what went wrong before we start drilling again,” Nugent said.

Nugent’s timid approach would have banned Model-T manufacturing until the nail was found that caused Great Gatsby’s first flat tire on the way to East Egg.

Who knew that a President could unilateral shut down the Pursuit of Happiness?

The liberty and rule of law promised in our founding documents made our young nation the greatest in the 5000-year recorded history of Earth. The greatest threat to our united trek was exposed by the 1861 firing on Fort Sumter by those intent on preserving the cheapest of all labor via involuntary servitude by rendering the City on a Hill asunder.

This southerner thanks God that President Abraham Lincoln wouldn’t limit the Free World’s defense to a plain fruited with five Canadas instead of a Fruited Lower-Forty-Eight Plain.

Now, we face a great threat to our prosperity not from Palmetto States, but rather from latest successor to the Great Emancipator’s executive office. The problem is that Barack Obama wants only to emancipate government power at the expense of We the People’s power over our own lives.

Obama and the Democrats’ policies bail out banks, states and labor unions populated by their pals, but won’t let Americans bail themselves out, i.e. make money to eat!

Why has no oil company sued Obama for contempt of court?

After the BP oil spill attracted Obama’s attention as a potential crisis not to be wasted that could advance his high-energy tax agenda, he issued an executive order imposing a moratorium on deep-water oil drilling in the Gulf of Mexico.

Federal law imposes strict standards on such draconian action that immediately puts people out of work. One must prove a likelihood of success on the merits when all the evidence is later presented to a trial court and that irreparable harm will result absent an immediate temporary restraining order (TRO).

The Obama Administration failed to meet those standards, resulting in a federal district court order lifting the moratorium. The Rule of Law seemed to have prevailed.

Then came the all-too-familiar-after-GM-CEO-firings and the like, Rule of Obama. Attorney General Holder’s Just-Us Department changed a few insignificant words in the first moratorium and issued a SECOND moratorium the day after they lost an appeal attempting to reimpose the first moratorium.

Significantly, no company harmed by the moratoriums have brought a contempt action against the administration. Instead, drilling companies are streaming out of the Gulf to points south and east. Why would that be?

Because whether the federal courts would stand up to Obama or not, they have seen his pitchforks sicked on other similarly-situated corporations daring to make a profit outside of legal processes, and figure that if they must operate in a world devoid of an American Rule of Law, they would just as soon risk the tender mercies of non-American Rule by Men happy to have the business.

This time, the attack on America is coming from Washington, D.C.

The only way it doesn’t end up requiring nullification, succession and massive reconstruction this time, is if we send people like Republican Jason Sagar to populate a Congress presently dominated by Democrats happy to have Obama impose the liberal will over their heads.

[h/t to Redstate's BigGator5]

Mike DeVine

“One man with courage makes a majority.” – Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com

Maximizing happiness pursuits via zoning boards

Property rights, free exercise of religion and the consent of the governed

Bans against smoking Winstons and Salems in Winston-Salem, N.C. restaurants; snail darters’ right to life as they kill jobs; and Kelo-like takings of habitable property deemed a “blight” on municipal tax revenue coffers found DeVine Law zealously advocating expansive private property rights.

Yet, somehow the following Ground Zero Mosque (GZM) construction made by most Republicans (Charles Krauthammer’s version below) sounded like fingernails on gamecock’s blackboard:

No one disputes the right to build; the whole debate is about the propriety, the decency of doing so.

We assume that our most respected conservative sage would also add President Barack Hussein Obama’s “out” concerning compliance with local law and ordinances, given Krauthammer’s seemingly contradictory argument made only a few days earlier, with which we agree:

America is a free country where you can build whatever you want — but not anywhere. That’s why we have zoning laws. No liquor store near a school, no strip malls where they offend local sensibilities, and, if your house doesn’t meet community architectural codes, you cannot build at all.

These restrictions are for reasons of aesthetics. Others are for more profound reasons of common decency and respect for the sacred. No commercial tower over Gettysburg, no convent at Auschwitz — and no mosque at Ground Zero.

We’ll give Charles the benefit of the doubt given the absence of any reference to the right to build “at a particular location” in his first argument,  but many sincere conservatives have made moral and constitutional arguments (property rights, religion and equal protection among other bases) against now denying Imam Faisal Abdul Rauf from developing the Park51 Islamic cultural center and mosque (GZM).

After all, declarers of independence that also wrote the U.S. Constitution considered private property rights so essential to “the pursuit of happiness” that the term “private property” was Thomas Jefferson’s initial companion with life and liberty.

Therefore, given that the Lower Manhattan real estate owners’ parcel is snail darter-free; mosques are not Wal-Marts; Islam is a religion; and the five-times-a-day, sweet-to-ObamaEars Muslim call to prayer reverberates smoke-free, then, ipso facto, they, of course, have the right to build Khalid Sheik Mohammed’s (pictured) preferred place of worship near the graves of his 2700+ victims and yet-to-be-scheduled “OJ” trial.

The assumptions made about the extent and scope of property and religious rights as opposed to the rights of the consent of the governed in their cities and states made by sincere conservatives in favor of Rauf’s “right” are strong and deserve serious consideration.

DeVine law thinks the flaws in the expansive property rights argument are part of a mistake many conservatives make when they seek (or rather don’t seek) to translate the Bill of Rights divorced from the context in which the Constitution was ratified by the States.

Constitutional federalism on the state and local level

The signers of the Declaration of Independence and their ancestors had enjoyed life, liberty and private property rights-driven happiness pursuits for over a century before their King’s decrees and a distant Parliament intolerably usurped the consent of the governed.

The quartering of British troops and the raising of taxes without representation led to a massacre in Boston and eventually a shot heard round the world.

That shot fired at Lexington was not aimed at the local zoning board

Those tired of being a King’s subjects wrote Articles of Confederation, and, later, what has proved the world’s most enduring governing document to prevent a federal government from acting as royalty. The U.S. Constitution sought to preserve the religious and property rights they had enjoyed in their states and was not a suicide pact granting minorities of any kind the right to be their kings in their cities, towns and states.

States retained their broad and expansive police powers to protect the lives, safety, morals and integrity of their communities.

No man is an island; no man ever was an island; and the Bill of Rights wasn’t written to erect individual man as an island. Men live in communities, and the exercise of their rights take place there. This fact remains even with Fourteenth Amendments and incorporation doctrines.

The right of self-government

If private property rights were plenary and unfettered, there would be no zoning boards. Rather, there would be anarchy.

Let us revisit and re-phrase the supposed certitudes with which we began this discussion. I contend that

New York City, of course, has the right allow Muslims that consider the United States to have been an “accessory to the crime” of 911 and who refuse to denounce Hamas as a terrorist group to build a mosque on top of the bones of the victims of that 2001 crime.

No one has the right to use their particular property for any particular purpose at any particular location.

All citizens are entitled to “equal protection” of the laws; free exercise of religion; and just compensation when government takes their property.

Free exercise of religion is not simply the right to “worship”

President Obama’s initial support of the building of the GZM extolled the virtues of America’s freedom of “religion”, rather than the virtues of the “freedom of worship” that he and Secretary of State Hillary Clinton have been enunciating at home and abroad over the past two years.

Part of the “reach out” to a Muslim world supposedly traumatized by former President George W. Bush’s liberation of over tens of millions of Muslims from the Taliban and Saddam Hussein, has been to soft-pedal the Liberty Project in favor of tolerance for Sharia which allows only the right to think about Jesus as Lord in one’s head, i.e. worship. No Baptist churches are being erected near Mecca.

Moreover, whenever liberals like Obama, and Supreme Court justices Sonia Sotomayor and Elena Kagan seek to ban bibles, prayer, crosses and nativity scenes from public property, it is useful to reduce the free exercise of religion to unspoken thoughts exercising solely within skulls. But if we want foot baths in airports or mosques as replacements for Twin Towers, then please discern James Madison ‘s original intent.

The fact is that the free exercise of religion encompasses much more than mere worship and does include the right of an organized religion to own property and practice their religion thereon as well as certain practices in the public square. But the right to freely exercise one’s religion does not entitle one to wear a burka to first grade or do peyote in one’s church.

Clearly, the First Amendment does not compel Mayor Michael Bloomberg and the NYC Zoning Authorities to grab their ankles when imams demand they bend over.

Private property rights, equal protection and Fifth Amendment “takings”

Yours truly recently lost a crusade against second-hand smoke Nazis in North Carolina. We loathe D.C. Big Brothers that kill jobs supposedly protecting fragile Mother Earth and those creatures that crawl upon it from cow farts and my Certs-enhanced breath.

But, DeVine Law never claimed that property rights demanded the unfettered right to build anything and do anything, so long as one held a fee simple title to a parcel of anywhere on the Fruited Plain.

However, we do admit that we have argued for a very expansive reading of the “just compensation” clause, e.g. lost profits from ordinances banning smoking in bars and numerous other regulations that prohibit the “highest and best use” of one’s property.

Moreover, with respect to equal protection, I came up one vote short in my home state’s supreme court from requiring cities to settle all sewage back-up claims or none!

Post-conservative epiphany, I am glad I lost that case, but I still approach the issue with humility. However, the fact is that too broad a definition of takings of private property, absent requiring a transfer of title, would make “ordered liberty” impossible. The Bill of Rights were not passed to create disorder.

How I would defend a sane New York City zoning board against this mosque or any mosque close to Ground Zero

The Constitution does not require one to check their common sense at the door when considering unique circumstances attendant to building permit requests.

Common sense reveals that not all religions are the same and that equal protection of the laws does not dictate equal application to unequal entities, whether they be liquor stores, strip clubs, Baptist bingo parlors or mosques.

Even the Drive-By Media understands this, apparently, given their singular mission of late to convince Americans that their President is a Christian, even if NASA’s new frontier is the space between Morocco and Indonesia, rather than Outer Space, but I digress.

The police power of the state is empowered to consider that a mosque near Ground Zero, divorced from the views of the owners, would be a threat to public safety and order and that a Greek Orthodox Church would not pose.

There is no question that a zoning board can consider the backgrounds of particular property owners when passing on a building permit and the uses to which a building will be used.

I don’t think that current precedent would require that Imam Rauf be compensated for a reversal of the prior zoning decision, although I certainly think they should be reimbursed any costs incurred in reliance on the prior decision that would only have been incurred for the purpose of operating a mosque at that location, i.e. religious fixtures.

Lilburn, Georgia managed to stop mosque construction while our Christian President wasn’t looking, after all. Jefferson and the founders sought to maximize happiness pursuits via the gatherings of the like-minded in communities.

But those are just the gritty details that would have to be dealt with by a non-leftist, non-cowardly zoning board sans a warped view of tolerance.

NYC has the right to surrender to Osama bin laden, but Osama’s acolytes have no right to desecrate sacred ground and those NY officials that assert that Muslims have such a right, while immediately adding that they oppose the desecration, are the aiders and abettors of the enemies of Liberty that seek to turn more American soil into sacred burial grounds in Fort Hood, Detroit and Times Square.

Weakness invited aggression, and I fear the core of the Big Apple has turned rotten since September 11, 2001.

Mike DeVine

“One man with courage makes a majority.” – Andrew Jackson

Charlotte ObserverThe Minority Report and Examiner.com archives

www.devinelawvista.com

Location! Location! Location!

New York City Mayor Bloomberg and President Obama have really messed up and created turmoil where it is not needed when they talk about a constitutional freedom of religion right. Why start their statements with something that is not questioned? What statists like Bloomberg and Obama are completely clueless about is popular sovereignty. This issue was never about whether residents in the US have a constitutional right, freedom of religion. They do. The issue is whether the majority of local concerned citizens have a right to decide what types of buildings and structures are permitted to be built at what location. A majority of New Yorkers do not want a huge mosque to be built in the financial district near where the World Trade Center once stood. It can be built in another location with the consent of the governed.

Buddhist Meditation Temple                           St. John Cathedral
Buddhist Meditation Temple  cathedral-church-of-st-john-the-divine-1047-amsterdam-avenue-nyc-manhattan-new-york-city-usa-dscn8585

Staten Island Hindu Temple                            Temple Emanue-El
SIHinduTemple_Image  Jewish synagogue

Masjid Malcolm Shabazz Mosque
Masjid Manhattan mosque

The pictures are of religious structures that have been built in New York. Nobody is calling for these buildings to come down. None of these building are located in New York City’s financial district. Obama just made matters worse the day after he said they had a right to build. On Saturday when reporters questioned him he said that he had nothing to say about whether they should build. Why does he have nothing to say? Why do his and Hilary’s speeches now have the line freedom of worship instead of freedom of religion? I think anybody has a right to practice their religion, and this practicing includes erecting buildings. I also think a local community has a right to have guidelines and laws on where particular types of buildings are going to be erected. I don’t see any pork BBQ pit eateries and gay bars getting built beside a mosque. I also don’t see gambling casinos and adult bookstores getting built beside an elementary school. I guess common sense and statism just don’t go hand in hand.

By pilgrim | 19 August 2010 | Diaries,Domestic Policy,Policy | | View Comments   

Oval Office Reversals

by Lance Thompson

President Obama must be frustrated. No matter what position he takes on the
13-story mega-mosque to be built next to the hallowed ground of the 9/11
terrorist attack (and he’s taken as many positions as possible), none of
them seems to satisfy everyone.

Obama first came out four-square behind the mosque and the rights of the
radical imam who wishes to build a monument to radical islam at the site of
its greatest desecration. Later, Obama clarified that he was only defending
the constitutional right to freedom of religion, not the wisdom of building
the mosque. Then White House Deputy Press Secretary Bill Burton, in a
Saturday evening statement, said that this backpedaling should not be seen
as backpedaling. Now even Harry Reid, a man desperately in need of
political allies, has broken with the president’s position (whatever it
currently is) to say that no mosque should be built at Ground Zero.

It prompts one to wonder what might have happened if all our presidents
possessed Obama’s unwavering commitment to a principle.

Ronald Reagan hastened the end of Soviet domination of Europe with his
challenge, “Mr. Gorbachev, tear down this wall.” Obama’s version might have
added, “And we’ll use American taxpayer money to help you build a better
wall.”

John F. Kennedy challenged a generation with, “We shall pay any price, bear
any burden, meet any hardship, support any friend, oppose any foe in order
to assure the survival and success of liberty.” Obama’s version might have
added, “unless that means irritating state sponsors of terrorism or radical
islamists, in which case we will roll over and abandon our long time
allies.”

Franklin Roosevelt, to help Great Britain during the harrowing, early days
of World War II, established the Lend-Lease program to supply aid to the
Brits in their struggle against Nazi Germany. FDR said America must become
“the great arsenal of democracy.” Obama might have added, “unless the Nazis
win another battle, in which case we’ll plan a summit with Hitler and
discuss plans for redecorating Buckingham Palace.”

Abraham Lincoln identified the purpose of the Civil War as ensuring that
“this government of the people, by the people and for the people shall not
perish from this earth.” Obama’s version would have added, “But we’d settle
for a socialist utopia that will plunge us into unsustainable debt and
worldwide ridicule.”

These amendments to famous presidential pronouncements are unthinkable to
Americans who treasure their heritage and take pride in what this country
stands for. President Obama will never understand such feelings, for he
does not share them. He will never understand such people, for he is not
one of them. And he will not be re-elected by such people, because,
increasingly, they understand him all too well.

By lowdowncentral | 17 August 2010 | Domestic Policy,Policy,Politics,War on Terror | , | View Comments   
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