You know how it is

If you are a reader of my blog, you know how I get sometimes. Too much work all at once, new stuff going on, general ennui at the State of the Union...make Newbius an unhappy boy. Hence the light posting.

Good news? Pizza is doing well.

Bad news? Japan is glowing like an iridescent fish tank under a black light. Oh, and ObeyMe now wants to talk about guns. Bully for him. Maybe he can get hisself down to the range and get edumacated about the subject before he does something stupid.

Never mind...who am I kidding. Cass Sunstein is going to 'nudge' us into a less-than-civil war instead.

I think I am going to pour myself a bourbon...

Newbius

QOTD: Judge Roger Vinson

From Florida v. United States HHS (Obamacare)

"It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place."

There are people (whose view of the world says it is OK to force people to engage in acts that they would not choose to do) who believe that this ruling is a nasty piece of judicial activism. Those of us who believe that this ruling is just, view things differently.

The act of engaging in commerce (or refraining from doing so) is foundationally one of Association. The government has no more authority to force an individual to purchase a product proffered by another, than it has to require couples to engage in pre-marital sex. Meaning, none. Because, obviously, refusing to engage in pre-marital sex affects the sex trade and the cost of same, right? And, eventually, everyone is a user of those services, right? And, we have an obligation to keep the cost of those services affordable to government, right? (Insert politician/prostitute joke here.)

Isn't this is the same government that lost money operating a brothel? And yet, they will save untold trillions by monopolizing the health care industry? Really? Go ahead...pull the other one.

Bravo Judge Vinson. Regardless what the academics and professors over on Volokh may say, the essence of your ruling is in accord with our Constitution.

Newbius

Whither the 3rd Amendment?

The Text:

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

The purpose was to Constitutionally prevent the then-common practice of bankrupting the citizenry by quartering troops in their houses and forcing their direct support upon the homeowners. In times of war or peace this is a tremendous burden for a family to bear, and forced the family to suffer privation by implied threat of the force of arms.

The corresponding grievances in the Declaration of Independence were:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

In my opinion, these grievances should be considered under this as well:

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

I wonder if the Scholars among us can make a case for rampant bureaucracy and the application of foreign laws in our jurisprudence as being in violation of the Constitutional limits imposed under the 3rd Amendment. While we are not directly supporting Troops in our homes, there is ample evidence to support the theory that the "multitude of New Offices" with their "swarms of Officers" do indeed "harass our People and eat out their substance"; and, they do so under implied threat of Force of Arms.

Don't believe me? Try and resist... After the State's thugs murder you, your heirs will get to watch a mock trial protecting the thug from punishment, "Only Ones" style.

Pax,

Newbius

Amazing Essay 2

“All laws which are repugnant to the Constitution are null and void.”

— SCOTUS Chief Justice John Marshall, Marbury v. Madison, 1803

Coordinated Illumination hits another one out of the park in an essay entitled "When the Gov't is Repugnant to the Constitution". An excerpt:

"The communist take over of my country, "the Coup", is now complete. Having "won", the commisars expect and demand that we accept their Coup and lick their boots and follow their laws. Laws repugnant to our Constitution and our way of life. The attack on America continues and accelerates. Every month brings new amazing outrages. The aim of a communist takeover is a defeated people dependent upon the state. Taxes and regulations that kill our businesses and reduce us and our children to poverty.
They Won, they say. Their laws and bureacracies are in place and will not be repealed within the current system. Modified and adjusted, maybe; enlarged and expanded, probably. But we will never go back to being America. The "change" that was promised; it's better pronounced "chains"."

Go. RTWT.

Newbius
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Freedom's death knell?

I am watching C-SPAN2 right now.

The Senate is bloviating towards a 1:00 AM Showdown with the American Taxpayer. At issue is whether the Democrats will be able to muster 60 arm-twisted, bought, bribed, threatened, and cowed Senators to vote to end debate on the Health Care monstrosity.

It appears that Sen. Reid and the President have successfully bullied enough Senators to pass this bill. This bill, which will hand over to FedGov unconstitutional control over the populace, and take over 1/6th of the economy.

The most recent polls show at least 57% of the populace is opposed to this reform. So, in their rush to consolidate their power, the Democrats have declared that the citizen's voice doesn't matter any longer. They are just doing something for their own good, don't you know... The citizen is the least important part of this process. The citizen, who pays the bills through taxes, is only a nuisance to be ignored and/or controlled.

"Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience."
-- John Locke, 1690

I believe that I will stand Absolved. The legislature has declared war on Liberty and Freedom and the citizens who believe in these ideals. It is now only a matter of time before this symbolic war on the citizens and taxpayers becomes a real war.

May God have mercy on our Country and our souls.

Newbius
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More FTC

OK...

In the interest of full disclosure, there are companies whose products I use and recommend. So far (hint, hint) none of them have deigned to give me a freebie...

I use Red Star yeast; Con-Agra and King Arthur flours; Kirkland (Costco) cheeses; Trader Joe's Salts, spices, and pasta; Contadina canned tomato products; Bertoni pasta; Land-o-Lakes dairy products; McCormick spices; Hormel sausages and pepperoni; and various fresh produce vendors.

Pizza is every Friday starting around 1800.

I use Winchester, Remington, CCI, Black Hills, Prvi Partizan, Federal, Norma, PMC, Lake City (Surplus), and RCBS ammunition. I could use a case from each manufacturer, in various calibers. (HINT HINT! FREE AMMUNITION FOR EVALUATION IS IN SHORT SUPPLY AT THE NEWBIUS HOUSEHOLD!)

I use Hoppes and Break Free. More than I should...

I have firearms by several manufacturers, all of which were either purchased with my own money or inherited, and which I will not detail here, except for the DPMS LR-308 STRIPPED LOWER which I recently acquired. (DPMS, you make amazing guns. Send me a free sample next time, will ya? Your stuff rocks the socks!)

I use Leupold scopes. Nothing better for the price. Yeah, I could use Swarovski...but I would rather spend the money elsewhere. Ditto Trijicon. (Swarovski, Trijicon: I might change my mind if you sent me a sample...No, Really!).

I like A.Fuente cigars, and will happily smoke Cohiba, Macanudo, Hoyo y Monterrey, Romeo y Julieta, and a few other brands...Ship to the house please.

I drink Smirnoff Vodka, Jim Beam or Ezra Brooks Bourbon, Bombay Gin, Cuervo Gold Tequila, and Bacardi rum. Most wines-red or white- are fine too. And I love champagne. Crystal could send me a case and I would heartily endorse it to my 9 readers.

Western Digital gets the nod on hard drives. ATi gets the nod for video cards, although nVidia could make me an offer and I would consider it. Chips? Intel or AMD...just as long as it is stable. Microsoft, Apple, or Linux? Depends on the system. I have all three. Logitech makes a lot of my peripherals, and Microsoft makes the rest. Wanna send me more stuff to review? I will take all offers.

Cameras? Canon right now, but Nikon runs a close second. Try and persuade me to use your stuff instead. Let me play with a sample for a year or so.

Cars? Honda, Acura (Honda), Chevy, and Geo. And, all were built in the USA. I have owned Toyotas too and would not hesitate to encourage someone to buy any one of the cars I have owned. Good products, all of them.

And so on...ad nauseum.

My point? None of this is any of the government's business. These are all personal choices made from an evaluation of the best products on the market at the time of purchase, representing the best value for the money I was willing to pay. The government is trying to use arcane laws to stifle people they perceive as threatening to their tyranny, using vague rules enforced by partisan bureaucrats.

Screw them. Stand up for Liberty, or perish trying.

Newbius
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I can't say something nice

So I am not going to say anything at all about the passing of Edward Kennedy.

Newbius
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Still no supply

Still no supply

Every day I stop into the local Wal-Mart to see if their supply of ammunition has improved. Sadly, it has not. Instead, a sign appeared recently which likely shows the true state of affairs in the industry. Namely, that we are still experiencing extremely tight supply, and now rationing is being imposed.

Rationing is a reasonable response from a seller's point of view, if your goal is to spread available supplies to a wider audience. From a Liberty perspective though, rationing ignores the truth that those who are prepared and can pay for an item or service should be able to reap the reward of their preparation.

Please think about rationing of goods and services for a moment. Whenever there is scarcity of a good or service, whether through true market forces or artificial interference into a market, the laws of supply and demand should allow the price of an item to rise until the new market value is established and market forces are once again in equilibrium. Whenever rationing is imposed, the market is distorted because the value of the good or service is never allowed to establish itself. Thus, competition is stifled and scarcity will continue.

If we apply this thought to the Mortgage market, or to Health care, or to Automobile manufacturing, we can see that whenever undue outside influence (IE, not market forces) are brought into the equation, the natural market adjustments of supply and demand are disrupted.

In the Mortgage market, an outside agent (FNMA and FHLMC-acting on behalf of the US Government and under the cover of the Community reinvestment Act) forced lenders to make loans which were not sound, at prices far below the true risk that they represented to the lenders. Lenders responded by figuring out a way to shift that risk to others in the form of diluted shares of the risk, spread about many different security vehicles. The investors of these securities were never the wiser, until the house of cards collapsed.

In the Health Care industry, we see an outside agent (The US Government, acting through the FDA, Medicare, and insurance regulations; and the AMA acting as a trade guild to limit entry to the market by additional providers) causing distortions in the provision of health care by constraining product development, limiting access, and forcing companies to forgo profits by capping fees, after requiring that the service providers give care to people who are unable to pay for the services. Combine these forces with rampant tort exposure from an out of control legal system and you have a situation where the care is either going to get very expensive (rational market reaction in a free market), or care will get rationed (the case today). Government created the same problem that they are about to "solve", through nationalization of an industry that they crippled through regulation and legal extortion.

The Auto industry: General Motors' demise and takeover, at the hands of the very people who enabled the cause of their destruction, was inevitable. The US Federal Government leviathan rigged the system in favor of the UAW and SEIU, siding with the workers almost every time that a labor dispute went to mediation and in at least one case that went to the Supreme Court. The UAW and SEIU are wonderful examples of looter organizations sucking a company dry through legalized extortion and wage-benefit concessions. Shame on GM, Ford, and Chrysler for signing those suicide pacts, but a great deal of the problem rests at the feet of the enablers in the Labor Department and the Congress.

If you value your life and liberty, learn the lesson that the looters have shown us so far with these three major industries. It is not a matter of if, rather of when, they come for your industry or company next. The leviathan is all about aggrandizing power unto itself now, and is doing so nakedly, openly, and without any pretense any longer. If you have not prepared yourself or family for survival in the event of a natural disaster, you need to do so NOW. The system is no longer going to come to your aid. You need to be prepared to take care of yourself and your family when services are disrupted. And, if the services are disrupted due to man-made events, then you need to be prepared for that too.

There are storm clouds gathering on the horizon. Take action now.

Pax,

Newbius
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Let them fail, and why the Feds won't

Buddhists call it Karma.

The Bible says "as you sow, so shall you reap"

The rest of us call it Justice. At least those of us who still understand Cause and Effect. Yes, I am talking about the end game of the Slow-Motion Suicide called the American Auto Industry, and their personal "Dr. Death" - the United Auto Workers union.

I think that the workers, who blindly believed that their union bosses would take care of their needs, are in for a big disappointment. For some of them, the death of these companies will mean the end of life-long careers. Working at the auto plants is a family tradition for an awful lot of very good people. And, many families are devastated by this tragic failure. But, these workers trusted a group of players who sold them out for personal power and political gain. And the car makers played along.

Let them fail.

The Big Three say they cannot make it in today's economic environment. That their legacy costs, which they failed to streamline, are too high. That their pension obligations, which they agreed to, are crippling them. That their labor costs, which they agreed to, are unreasonable. That too many workers, which they agreed to carry even if plants close, will be displaced if their companies go under. That foreign competition, which they lobby for protection from, places an unfair burden on them. Blah, blah, blah, blah, blah. Enough!

Let them fail.

The Unions, with considerable help from sympathetic lawmakers (supported by campaign contributions funded by union dues) throughout the years, played bully-boy with the companies when times were fat. The companies, with short-sighted Boards of Directors, waged a retreat of incrementalism in conceding corporate power to their workforce and the unions. Both of them went to Congress and whined about the rest of the world throughout the years, to try and keep their scheme protected from outside influence and competition. Now, they are reaping what they have sown.

Let them fail.

In the news today, federal lawmakers are pleading with the President to slow down on his "reform" of General Motors. Fiat, mostly state-owned by Italy I might add, is having issues with Chrysler's financial structure.

Other than Bankruptcy Court, why is this even a Federal matter? Answer: Because "Oh-Barry" can't control the means of production in the US without this trial balloon succeeding. Once the auto makers are under control (and "Card Check" is passed), then the next large industries in line will become the targets of centralization.

He already has the banks.

Remember the 10 pillars of Communism? Here is a link for those who have forgotten. I posted about this right after the inauguration, predicting that we would see a return to the Statist policies that feeds the virulent Left in America today. I also posted a comparison to the Democrat Party platform here (along with a contrast to the Objectivist or Capitalist position as described by Ayn Rand). The D-Party platform is populist in approach, but their underlying means to achieve them bear a striking resemblance to the 10 Pillars. (No, I am not saying that the Democrat Party is really the Communist Party. They have different voter rolls. Same agenda at the top though. And "Brand R" is darned near as bad...)

We are not even six months into this administration and have seen proposals for nationalizing the Press, the auto makers, the banks, the Internet, and Health Care. That is nearly half of the economy, including supporting industries and businesses, and including the Defense Contractors who are at the mercy of the Fed already.

For review:

1. Abolition of property in land and application of all rents of land to public purposes. (See Kelo v. New London, and any regulation by other means which amounts to a taking without just compensation)

2. A heavy progressive or graduated income tax. (Ah..Yup)

3. Abolition of all right of inheritance. (Let's start with the Inheritance, or "Death", Tax, and go from there, shall we?)

4. Confiscation of the property of all emigrants and rebels.
(Special note on this one: Obama has proposed a policy to the legislators for figuring out a way to punish banks who allow US depositors to shelter their foreign capital from US taxation. The goal here is to confiscate through taxation that capital which has emigrated, even if the owner of the capital is still under US jurisdiction. Expect to see Seizure laws expanded to include people accused of "Domestic Terrorism"...).

5. Centralisation of credit in the hands of the State, by means of a national bank with State capital and an exclusive monopoly. (Anybody who still believes that the Banks are independent is naive).

6. Centralisation of the means of communication and transport in the hands of the State. (Communication is more important than transport, but both are heavily regulated by the Fed currently. Obama has also proposed to have legislation drafted allowing him to shut off the Internet in the US "in the event of Emergency").

7. Extension of factories and instruments of production owned by the State; the bringing into cultivation of waste-lands, and the improvement of the soil generally in accordance with a common plan. (Nationalizing General Motors looks like it is Step One).

8. Equal liability of all to labour. Establishment of industrial armies, especially for agriculture. (See Obama Youth Corps and the text of H.R.1388. See also Card Check...the Unions LOVE this one).

9. Combination of agriculture with manufacturing industries; gradual abolition of the distinction between town and country, by a more equal distribution of the population over the country. (I am not sure that this one even matters in our decentralized economy...)

10. Free education for all children in public schools. Abolition of children's factory labour in its present form. Combination of education with industrial production. (We have State-run schools and Child Labor laws, and our schools do not teach our history but do produce marginally-effective sales clerks for a consumerist economy to utilise).

Whenever a "solution" is proposed to any "problem", always ask yourself: "Who Wins?"

As a Patriot, I see the above and shake my head in disbelief that we have strayed so far from the Liberty ideal. The yoke of slavery is indeed willingly donned if placed lightly enough initially. The takeover of the United States by the forces of Statism - Communism or Fascism (depending on the amount of private property is left)- is nearly complete. The creation of "zero-liability voters" by Government has assured a constant power base of recipients who will feed on whatever life blood is still left to consume, as long as the Elites stay in power to supply them. Woe betide those welfare-voters when they discover how fragile that system truly is. And, that they are just lower on the food chain, but not off of it altogether.

For those of you who can see, keep them oiled...

Pax,

Newbius
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Stimulate my economy...

I have a point, stick with me for a bit...

The recently-passed Stimulus bill amounts to about $3,000 in spending for every man, woman, and child in the US. If you look at households, it amounts to roughly $12,000 per family. No surprises there.

Civil unrest in Mexico threatens to spill across the border in a much bigger way than it is currently. So much so, that the people in the border states are arming themselves and pleading for the Feds to uphold their duty to defend the borders.

Crime in the inner-cities is unacceptable. In South-east DC, and just across the Maryland border in Prince George's County, the violent crime rate is astonishingly high, with minorities as the primary victims. Drugs and a culture of apathy towards traditional values are contributing factors, but there are a great many families doing the right thing and trying to make it there in those harsh environments.

As a firm proponent of the Second Amendment Right to Keep and Bear arms, and as someone who thinks that more government spending means loss of liberty, I had a flash thought that I want to share. I realize that this idea will shock some people and offend others. Good! At least they will be thinking about it! Perhaps a program like this would mean more liberty as a result of the spending...

Here goes: Offer every qualifying person of legal age in America a voucher, good for one long gun (ugly and black, please), one hand gun (high-capacity magazine included!), and training in the proper handling of the weapons AND the laws of self-defense in their state. Figure $2,000 for the guns, and $1,000 for training, per person. The vouchers for the guns are not redeemable until the training is completed. The recipient chooses the gun on the last day and MUST spend range time with an instructor to ensure reasonable proficiency. Cost of ammunition to be included in the cost of the training class. A certificate would be issued at the end for use when applying to receive a concealed-carry permit. Focus advertising of the program on the inner-cities to ensure that they are reached by the program.

Since it has been proven (Lott, Kleck) that more guns equals less crime, this idea would put more legally-owned firearms into the places they would do the most good, while serving notice to the criminal element that they are likely to face a tougher time ripping off their neighbor of her grocery money.

Hmmm....a program which might actually reduce crime, empower minorities, and promulgate liberty, while at the same time preparing our nation for response if when Mexico ever blows up. Also, think what this would do for manufacturing jobs in America!

Sounds good to me. How could any politician who is interested in minority rights and in reducing crime in the inner-city oppose such a plan?

Pax,

Newbius