Fundamentally Transform THISThe whole post is truth, and pretty much describes how I live my life as well. I think most minarchist libertarians (formerly known as classic liberals) feel the same way. Go read the whole thing.
Newbius
The small output of a small mind in a small corner of a very large world. Or, maybe the exact opposite...
Fundamentally Transform THISThe whole post is truth, and pretty much describes how I live my life as well. I think most minarchist libertarians (formerly known as classic liberals) feel the same way. Go read the whole thing.
"Mr. Gura, what would you like your injunction to say?"7th Circuit Court of Appeals, oral arguments, Ezell v. City of Chicago.
Over at the Newbius Papers, the idea is advanced that because hippies want to register your guns, then hippies should have to... register their compact florescent light bulbs. Because CFLs contain mercury, get it? So they're dangerous, like guns!My reply began to approach post length, so I am instead going to put it here:
First, I like CFLs for a lot of applications, such as any light you basically want to leave burning. They're the berries for a back porch light. More importantly, though, I like freedom, so I don't like the idea of registering anything. Not guns, not CFLs, not even filthy hippies or nosy statists.
Telling people what kind of light bulbs they have to buy is for commies.
Tam, for the record: I find the idea of registering my light bulbs as repugnant as the idea of registering my firearms, and for the same reason. Further, the fact that our government even thinks it has the authority to regulate what type of light bulb I am allowed to purchase offends my Wookie-suiter sensibilities. That I must engage them, and ask for their permission, in order to exercise my Constitutional right to purchase (4473), keep (MA Licenses anyone?), and bear (CCW permit) Arms is beyond the pale.Thanks for the link, Miss Tam.
The comment that I quoted is "sauce for the gander", and hopefully caused some of the hippie-statists to wince. Especially as it Gores (pun intended) one of their pet oxen (Anthropogenic Global Warming).
"We are vulnerable, and the bad people want to kill us and destroy our way of life."Remember what you did on 9/11/01?
..."We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.
That to secure these rights, governments are instituted among Men, deriving their just powers from the consent of the governed.
That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness"...
Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
To borrow Money on the credit of the United StatesNo mention of the Federal Reserve and its actions recently in purchasing the debts of private companies and sovereign nations to preserve "too big to fail" entities.
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;This means normalizing trade and tariffs, and ensuring that each State doesn't blockade or embargo a neighbor (Like California is trying to do to Arizona right now). This does NOT mean that the "Commerce Clause" is a blank check to commit acts and actions not enumerated here in Article 1 Section 8.
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;This does not mean that illegal aliens should be granted amnesty and citizenship because a political party wants more
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;Our official, Constitutional Dollar, is a fixed amount of silver, and the value of Gold is relative to this. Any other paper "fiat" currency not redeemable in Silver is government-sanctioned theft of the People's wealth and is a violation of trust with the People. Under the next clause, the Federal Reserve should be prosecuted:
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;Enough said.
US Postal Service (and I will even accept the Interstate Highway system as "post Roads"), and the Patent and Trademark Office. Check.
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;Federal District Courts are authorized, check.
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;This charter of authorization (which defines the scope of the Navy authorization below) means the our Government has written into its charter the duty to ensure safe passage on the open ocean of its citizens. Unlike the next clause, no formal declaration of war is required after "piracy" has been defined. Why we need to do the Presidential kabuki dance every time a Maersk Alabama-like incident occurs is beyond my comprehension.
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;As in Colonial times, the Congress has the authority to engage "privateers" with Letters of Marque, in order that they could become a force-multiplier against acts of piracy and other offenses against the citizens. This also means that, if the Congress so desired, privateers could act to defend our borders, and local militias (see "militia", below) were obligated to act to defend their communities and also to deter invasion.
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;Standing armies were heavily frowned upon by the Founders, and the appropriation limitation of funding for 2 year cycles was designed as a check against the entrenching of power by the military. A standing Navy posed much less threat to Liberty, and provided a significant defensive deterrent to aggression, so no such funding prohibition is listed in Section 8.
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;The military was to be under the control of the civilian government.
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"You cannot invade the mainland United States. There would be a rifle behind every blade of grass" Admiral Isoroku Yamamoto, Imperial Japanese Navy, World War 2.
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.In short, every citizen is the militia with preference towards able-bodied males of draft age. In this light, civilian arms, as guaranteed by the Second Amendment, are necessary for the defense of the nation and their possession shall not be infringed. Further: "Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom? Congress shall have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American ... The unlimited power of the sword is not in the hands of either the federal or state governments, but where I trust in God it will ever remain, in the hands of the People."— Tench Coxe, 1788. (Suck it, BradyBunch)
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;The District of Columbia is the Federal seat of Power, and Congress has the control over the laws therein. Any land designated for Federal use shall be purchased from the States and such purchase shall be agreed-to by the State Legislatures. Federal eminent domain land-grabs are unconstitutional if not agreed-to by the states and appropriately compensated.
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.The Congress is authorized to legislate only in the areas where Federal power is enumerated. It is time we reminded them of that.
The Virginia General Assembly session is underway in Richmond and this is to up date you on on its progress. If you do not want to receive these updates, please reply to this email with DELETE in the subject line. In this update:
- New Governor
- Legislation
- Open House February 15th in Richmond
NEW GOVERNOR
Virginia inaugurated a new governor, Bob McDonnell. Not surprisingly, he got to work very quickly. In an address to a joint session of the General Assembly on Martin Luther King Day, he laid out his priorities; making it clear that job creation and economic growth would be the chief focus of his new administration for the year ahead.
Specifically, Governor McDonnell is asking the General Assembly to pass measures and changes to the budget that will strengthen Virginia ’s economy. He also made clear that he will not support tax increases, pledging to veto bills that raised taxes or a budget based on higher taxes. This marks a significant change from the previous administration. The budget proposed by former Governor Kaine included a large hike in the income tax. Last week, the House voted on that plan.
Most delegates, myself included, had already indicated they would not support higher taxes. So, it wasn’t entirely surprising that the House rejected former Governor Kaine’s plan to raise the income tax. What was somewhat surprising was the margin, as the House rejected the tax hike by a vote of 97 to 0. Not a single member of the House of Delegates voted to raise the income tax.
While the Senate has yet to weigh in on the issue of taxes, it is clear that the House and Governor McDonnell will not support higher taxes. For people already struggling to make ends meet in the current economy, this is very good news.
LEGISLATION
While the state’s budget will receive most of the attention in news pages during this session, we’re considering a lot of other legislation as well. Among the hundreds of bills that will be considered by the General Assembly are several that I am submitting. Here is an overview of some of the legislation I am sponsoring:
House Bill (HB) 576 is in response to the Federal government’s plans to force individuals to buy health insurance. It simply states that residents of Virginia shall not be required to obtain a health insurance policy. It is similar to Delegate Bob Marshall’s HB 10 and I would expect these two bills to be combined.
House Joint Resolution (HJ) 88 is a resolution asking the US Congress to adopt an amendment to U.S. Constitution to require a balanced Federal budget. The Federal budget deficit has just ballooned in the last few years and I believe threatens our long term economic stability.
HB 18 Provides that goods and services made, sold, and retained in Virginia , shall be the jurisdiction of the Commonwealth and not the Federal government. The US Constitution gives the Federal government the ability to regulate interstate commerce, commerce that crosses state boundaries. The original intent was that states would regulate commerce within their borders. Over the years Congress and the Courts have expanded Federal reach to all commerce whether it crosses a state boundary or not. It is time for the states to begin pushing back and restrict the Federal government to its original mission. The states are perfectly capable of regulating commerce within their boundaries without Federal intrusion.
HB 50 would tighten the requirements to process absentee ballots in a timely manner. In recent years some localities have had problems sending out absentee ballots and the previous administration even argued in Federal court that they had no obligation to process absentee ballots in accordance with regulations. This legislation will make it clear that absentee ballots must be handled in a timely fashion.
HB 57 would freeze the Business, professional, and occupational license (BPOL) tax on businesses. Localities that have not imposed the tax would not be permitted to impose it in the future and localities that do impose the tax could not increase their rate. The BPOL tax is a very unfair tax on businesses because it is based on their gross receipts and not on profits or income. So a company could be losing money and still have to pay the tax. The BPOL tax was originally imposed to pay for the War of 1812. I think all the bills from that war were paid off a long time ago.
HJ 11 and HB 16 would place an amendment to the Virginia Constitution on the ballot that would give localities great flexibility in granting property tax relief to senior citizens and the disabled.
HB 17 reduces period of limitation for collection of delinquent state taxes from 20 to 10 years. Currently the Virginia Department of Taxation can go back 20 years to collect taxes. I think this is excessive and it is unreasonable to expect individuals and businesses to retain records for 20 years in order to defend themselves from an accusation that they may owe back taxes.
HB 55 would limit the amount of money that the Virginia Railway Express (VRE) can assess member localities to not more than the localities collection from the 2 percent gas tax that they impose to pay for VRE. This would keep member localities from having to use their general fund to pay the VRE subsidy and provide some incentive for VRE to control costs.
HB 106 would repeal the restaurant ban for concealed handgun permit holders and clarify that a permit holder could carry in a church with the church’s permission. The current law is confusing and open to interpretation. Guns are banned in church unless someone has a good reason to carry in church. But it never states what a good reason might be. What might be a good reason to one judge or Commonwealth Attorney might not be a good reason for another.
HB 107 corrects an oversight in the code. Currently school superintendents are supposed to be informed whenever one of their minor students is arrested or charged with a crime; this is so that the school may take action to protect other students in the school. However, the notification does not apply if the student is 18 or older. Some high school students are 18 or older and this bill would require that the superintendent be notified if they are arrested or charged as well.
HB 110 is another bill dealing with the BPOL tax. It would allow localities to decide to impose on business's gross receipts or its State taxable income, making the tax a little fairer.
HB 575 would give school systems flexibility in meeting specific state education mandates when their state funding is being reduced. This would give local school boards greater flexibility in dealing with state budget cuts.
HB 577 would extend the time to appeal real estate property assessments.
HB 580 Allows localities to exempt long time members of the sheriff's volunteer citizen support units from local vehicle license fees.
OPEN HOUSE
I would like to invite you, your family and your neighbors to spend the day with us at the General Assembly for our “Richmond Open House” on Monday, February 15th (President’s Day). There will be coffee and doughnuts in the morning along with an explanation of how the General Assembly works. Depending on your schedule, you are welcome to sit in on committee meetings and attend Session. We will be gathering from 9:30am to 11:00am in 8th Floor West Conference Room of the General Assembly Building, which is located at the corner of 9th and Broad Streets in Richmond . If you will be attending and have not already replied, please call my office at (804) 698-1088 or email us at Delegate@MarkLCole.com. If you are not able to attend on February 15th, but would like to visit on another day, please give us a call.
If you have any questions about anything mentioned in this email or an issue before the General Assembly, please feel free to reply to this email or contact me.
Thanks,
Mark
Mark L. Cole
Delegate, 88th District
Stafford, Spotsylvania, and Fauquier Counties
Web page: www.MarkLCole.com
Authorized and Paid for by Mark Cole for Delegate