Quote of the Day
Love is patient,
love is kind.
It does not envy,
it does not boast,
it is not proud.
It is not rude,
it is not self-seeking,
it is not easily angered,
it keeps no record of wrongs
1 Corinthians 13:4-5
Nina Gershon: Poster Child of Judicial Arrogance
As I wrote back on Dec. 12, District Judge Nina Gershon ruled that the Congress' defunding of ACORN, the community organizing organization which has been the focus of voter fraud charges in a number of states and notoriously the subject of an amateur sting, with DC area employees giving advice on camera to a self-described pimp on how to skirt the law (ACORN management, of course, promptly scapegoated its employees) was an unconstitutional bill of attainder. In essence, the basic idea behind a bill of attainder is to single out a particular party for punishment, without due process. Yesterday Gershon reaffirmed and finalized her ruling, rejecting the government's argument that ACORN management was too thin and inadequate to exercise proper controls as stewards of federal funds.
I think the arguments provided by von Spakovsky, which I've paraphrased in the first post, are compelling, and his subsequent critique of the original Gershon decision in the National Review Online is instructive. Basically, I would argue the point as follows: there is no right to current or future access to the people's money. As von Sakovsky points out, any federal budgetary outlays are contingent on annual Congressional approval, and that is true of any government contract, including multi-year contracts. Congress itself decides the nature of its rules and regulations, and it has a compelling interest in the prudent management of the people's money. The Congress need not give a reason for its funding criteria and decisions. (Even if a Republican lawmaker said he wanted to send a message, the fact of the matter is that the action in question had strong bipartisan support.) No, the Congress is not taking away ACORN's assets or judging whether in fact ACORN had engaged in criminal behavior. It was ACORN's responsibility to ensure the people's money was not at risk, potentially being used to subsidize illegal enterprises; whether what ACORN did was an isolated incident (yeah, right), the people through the Congress don't need to explain their actions. Von Sakovsky points out that Gershon is setting an unconscionable precedent of any disgruntled vendor using an end run to an unfavorable contract award.
The Obama Administration should abide by the will of the people and appeal the ruling. In the meanwhile, Congress needs to properly execute its oversight function and ensure federal agencies are exercising prudent controls, including anti-fraud and related measures, when the people's money is at stake.
The Emperor is Wearing No Clothes
No, I'm not talking about Obama Chief of Staff Rahm Emanuel's alleged attempts (re: "Tickle Me Eric" Massa) in the buff trying to persuade lawmakers in the House gym locker room or showers, soliciting for "yes" votes on the Senate Democratic Party Health Care Bill.
What we already know is that if Nancy Pelosi had the votes to pass the bill, she would have scheduled the vote already. The squabbles among House Democrats are at the core. Under normal circumstances, the House, with its public option, "soak the rich" tax increases, and more restrictive abortion language would iron out differences with the Senate bill, which includes limiting tax-exempt status on Cadillac health insurance plans as a financing measure. The problem is that the Senate 60-vote coalition was very fragile, and since the Senate bill passed, Scott Brown was elected, dooming the filibuster-proof majority for a traditionally reconciled bill. Thus, for the House (as made clear by the Senate Parliamentarian, whom recently ruled that the bill must become law before budget reconciliation could be used), it must accept the Senate bill as is.
The Senate bill might result in a different coalition of Democrats (for and against). For instance, some centrist Democrats who opposed the original bill may prefer the Senate bill without the public option, while pro-life Democrats who supported the original bill are dissatisfied with how the Senate bill. There was some talk about embittered liberals protest-voting against the no-public-option Senate bill, although I believe Pelosi is holding onto all the liberal voters on a half-full glass basis. Fox News Channel has a running daily total; they now have an estimate of pro-Senate reform votes at a minus-4. It looked for a while that Pelosi was trying to negotiate something where a separate "fix-it" bill and the Senate health care bill would be conditioned on both pieces passing. In essence, this would be a workaround to normal bill reconciliation without having to maintain a filibuster-proof majority for the reconciled bill, which the GOP now can block.
There are current reports that the Dems have given up on this dual-track/rule-modification approach allowing a resolution of the abortion language objection. At the same time, Pelosi is projecting a sense of confidence that the measure will carry. I do not underestimate Pelosi's ability to twist arms; the climate change legislation was behind in votes heading down the stretch, and Pelosi pulled it out. I don't see how she does it without flipping the pro-life Democrats in this case; it seems like a political game of chicken, where she is daring them to vote against reform based on the issue of abortion.
Whatever happens, let's be very clear: the American people have already rejected this bill. The fact that the House is trying to pass a Senate health care bill two months after Scott Brown won the Senate seat running against the Senate bill with its corrupt bargains, e.g., the Cornhusker Kickback, Gator-Aid, the Louisiana Purchase, the union concessions, etc. It is not lost on the American people that Pelosi is having a hard time trying to hold onto Democratic votes given a huge House majority.
No, Virginia: there's no such thing as "free health care". And just like Obama chose to scapegoat bankers, when the issues were more with the GSE's, AIG, and the car companies, trying to scapegoat the health insurance industry, which consumes only 4 cents on the health care dollar, is disingenuous. You cannot promise to hold down costs by adding millions of newly insured on a system with limited slack and existing inflationary pressures. You don't resolve a $38T unfunded Medicare mandate by peeling off program cuts to fund an entirely new entitlement. You don't help a fragile economy by creating a load of new taxes or penalties on employers and workers without health insurance. You don't solve health care sector issues by increasing the relevant government footprint and costs, and you don't fool the people by saying you cut the deficit using unrealistic Medicare reimbursement cuts and 10 years of taxes to pay 6 years of benefits.
Political Cartoon
IBD cartoonist Michael Ramirez takes advantage of the current #1 move, Disney's 3-D version of Alice in Wonderland, to poke fun at Nancy Pelosi's description of the 2700-page Senate health care "reform" she is trying to muscle through (plus subsequent reconciliation): "We have to pass the health care bill so that you can find out what is in it." I personally think the Speaker has eaten too many magic mushrooms... But to quote the immortal Meat Loaf: "But there ain't no Coupe de Ville hiding at the bottom of a Cracker Jack box."
Musical Interlude: Spoken Word Recordings
Richard Harris, "Too Many Saviours On My Cross"
Byron MacGregor (Canadian broadcaster), "The Americans" (original essay by Gordon Sinclair)
Gordon Sinclair, "The Americans"
(From Ken Burns' "The Civil War"): Sullivan Ballou's Letter to His Wife Sarah
July the 14th, 1861
Washington DC
My very dear Sarah:
The indications are very strong that we shall move in a few days - perhaps tomorrow. Lest I should not be able to write you again, I feel impelled to write lines that may fall under your eye when I shall be no more.
Our movement may be one of a few days duration and full of pleasure - and it may be one of severe conflict and death to me. Not my will, but thine 0 God, be done. If it is necessary that I should fall on the battlefield for my country, I am ready. I have no misgivings about, or lack of confidence in, the cause in which I am engaged, and my courage does not halt or falter. I know how strongly American Civilization now leans upon the triumph of the Government, and how great a debt we owe to those who went before us through the blood and suffering of the Revolution. And I am willing - perfectly willing - to lay down all my joys in this life, to help maintain this Government, and to pay that debt.
But, my dear wife, when I know that with my own joys I lay down nearly all of yours, and replace them in this life with cares and sorrows - when, after having eaten for long years the bitter fruit of orphanage myself, I must offer it as their only sustenance to my dear little children - is it weak or dishonorable, while the banner of my purpose floats calmly and proudly in the breeze, that my unbounded love for you, my darling wife and children, should struggle in fierce, though useless, contest with my love of country?
I cannot describe to you my feelings on this calm summer night, when two thousand men are sleeping around me, many of them enjoying the last, perhaps, before that of death -- and I, suspicious that Death is creeping behind me with his fatal dart, am communing with God, my country, and thee.
I have sought most closely and diligently, and often in my breast, for a wrong motive in thus hazarding the happiness of those I loved and I could not find one. A pure love of my country and of the principles have often advocated before the people and "the name of honor that I love more than I fear death" have called upon me, and I have obeyed.
Sarah, my love for you is deathless, it seems to bind me to you with mighty cables that nothing but Omnipotence could break; and yet my love of Country comes over me like a strong wind and bears me irresistibly on with all these chains to the battlefield.
The memories of the blissful moments I have spent with you come creeping over me, and I feel most gratified to God and to you that I have enjoyed them so long. And hard it is for me to give them up and burn to ashes the hopes of future years, when God willing, we might still have lived and loved together and seen our sons grow up to honorable manhood around us. I have, I know, but few and small claims upon Divine Providence, but something whispers to me - perhaps it is the wafted prayer of my little Edgar -- that I shall return to my loved ones unharmed. If I do not, my dear Sarah, never forget how much I love you, and when my last breath escapes me on the battlefield, it will whisper your name.
Forgive my many faults, and the many pains I have caused you. How thoughtless and foolish I have oftentimes been! How gladly would I wash out with my tears every little spot upon your happiness, and struggle with all the misfortune of this world, to shield you and my children from harm. But I cannot. I must watch you from the spirit land and hover near you, while you buffet the storms with your precious little freight, and wait with sad patience till we meet to part no more.
But, O Sarah! If the dead can come back to this earth and flit unseen around those they loved, I shall always be near you; in the garish day and in the darkest night -- amidst your happiest scenes and gloomiest hours - always, always; and if there be a soft breeze upon your cheek, it shall be my breath; or the cool air fans your throbbing temple, it shall be my spirit passing by.
Sarah, do not mourn me dead; think I am gone and wait for thee, for we shall meet again.
As for my little boys, they will grow as I have done, and never know a father's love and care. Little Willie is too young to remember me long, and my blue eyed Edgar will keep my frolics with him among the dimmest memories of his childhood. Sarah, I have unlimited confidence in your maternal care and your development of their characters. Tell my two mothers his and hers I call God's blessing upon them. O Sarah, I wait for you there! Come to me, and lead thither my children.
Sullivan
