Tag Archives: constitutional

‘Overheated Hysteria’: New York Times Editorial Goes All-Out to Attack Arizona Immigration Law

per·ni·cious pər-‘ni-shəs adj .: highly injurious or destructive : deadly Sounds like a pretty harsh word to describe something, right? So whatever the word pernicious is describing must be pretty bad. But leave it to The New York Times editorial board to throw this lingo around like it’s no big deal. In a July 8 over-the-top editorial , the Times ripped the Arizona anti-illegal immigration law over its constitutionality. “The Obama administration has not always been completely clear about its immigration agenda, but it was forthright Tuesday when it challenged the pernicious Arizona law that allows the police to question the immigration status of people they detain for local violations,” the editorial said. “Only the federal government can set or enforce immigration policy, the government said in its lawsuit against the state, and ‘Arizona has crossed this constitutional line.'” Video Below Fold The editorial goes on to whine that the Arizona legislation interferes with the federal government’s ability to enforce immigration law, as if everything is operating so swimmingly under the Obama administration’s direction. But a July 7 post from the Heritage Foundation’s The Foundry blog explains the unconstitutionality claim “nonsense”: First, the Justice Department claims that Arizona is unconstitutionally interfering with the federal government’s authority to set immigration policy. This claim is nonsense. Arizona is not interfering with the federal government’s immigration policy as it is set in the laws passed by Congress. Arizona is simply complementing and helping the federal government enforce its immigration laws. On the other hand, states that give illegal aliens drivers licenses and sanctuary cities like San Francisco that help illegal aliens violate immigration laws do interfere with federal law, but, as evidenced by the lack of federal lawsuits in those cases, this Administration has no interest in suing to stop that kind of interference. The Obama Administration thus appears to only be interested in stopping enforcement of federal law, not its violation. But the Times editorial suggests the Obama administration act against the Arizona government by restricting their ability to enforce the new law. “In the meantime, there are steps President Obama can take,” the editorial said. “He can deny Arizona access to federal databases of immigration status and refuse to allow the Immigration and Customs Enforcement agency to cooperate with state officials in handling people detained under the law. The government should end the misguided program allowing local deputies to enforce immigration law after taking an educational course.” On the Fox Business Network’s July 8 broadcast of “Imus in the Morning,” Newsweek and National Journal contributing editor Stuart Taylor, of all people even criticized the Times for its “overheated hysteria.” ” It struck me the exact same way when I read The New York Times as usual this morning and yeah, that word [pernicious] jumped off the page at me and it is typical of The New York Times, overheated hysteria, I think ,” Taylor said. “I tend to agree the law has got problems and is troublesome and that it may be unconstitutional and I think it’s going to be a close call how the courts handle it. But it’s also, a law where you can certainly understand why the people of Arizona think it is a good idea. They’re being overrun by illegal immigrants and their hospitals are full of them. Their schools are full of them. They’re drug dealers in the house next door sometimes. And so the state decided they needed to do something about it. The federal government is not doing much about it but, there are problems with how the state’s law would operate and there are problems of what you call federal preemption that would interfere with federal immigration law. But pernicious is overkill. ”

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‘Overheated Hysteria’: New York Times Editorial Goes All-Out to Attack Arizona Immigration Law

Dems Inaccurately Claim GOP Blocked Berwick Nomination, Media Happy to Play Along

The GOP as the party of obstructionism: it’s a tried and true media meme, but very often falls a tad short of the truth. Yet on occasion, even stubborn facts are not enough to dispel such accusations. Some in the media have taken President Obama’s recess appointment of Donald Berwick to the head of the Centers for Medicare and Medicaid Services as an occasion to bash purportedly obstructionist congressional Republicans. Just one problem: the GOP didn’t hold up the nomination. In fact, Sen. Chuck Grassley, R-Iowa, ranking Republican on the Senate Finance Committee, which would have had jurisdiction over Berwick’s appointment, said he “requested that a hearing take place two weeks ago, before this recess.” Presumably, Grassley wanted to shine light on some of Berwick’s more controversial positions, such as support for the rationing of care and his advocacy of the use of the health care system to redistribute wealth. President Obama apparently did not want those views examined. He issued a statement on Wednesday accusing “many in Congress” of “delay[ing] critical nominations for political purposes.” Sen. John Kerry, D-Mass., echoed this sentiment, claiming in a statement that “Republican lockstep stalling of Don’s nomination was a case study in cynicism and one awful example of how not to govern.” Of course we know, courtesy of a stellar fact-checking job by Jake Tapper, that these claims are bogus. But inaccuracies in political statements from leading partisans are nothing to write home about. But some media outlets simply parroted these claims without bothering to check whether they were, you know, accurate. So while ABCBSNBC chose to all but ignore the story the day after the President made his recess appointments, the New York Times, the Boston Globe, and the New York Daily News all went one step further, and gave an unchallenging megaphone to Obama’s and Kerry’s inaccurate claims. The Times reported : Dan Pfeiffer, the White House communications director, said the “recess appointment” was needed to carry out the new health care law. The law calls for huge changes in the two programs, which together insure nearly one-third of all Americans. Mr. Pfeiffer said the president would appoint Dr. Berwick on Wednesday. Mr. Obama decided to act because “many Republicans in Congress have made it clear in recent weeks that they were going to stall the nomination as long as they could, solely to score political points,” Mr. Pfeiffer said. The Daily News echoed : Berwick supporters scoffed at GOP complaints and accused them of stonewalling. “Republican lockstep stalling of Don’s nomination was a case study in cynicism and one awful example of how not to govern,” said Sen. John Kerry (D-Mass.). “Republicans screamed that these federal programs were in trouble, then tried to deny the Administration the capable guy the President had chosen to oversee them.” The Globe printed Kerry’s statement, and noted that “Obama…blamed Republicans for forcing his hand.” But as Tapper noted yesterday, …Republicans were not delaying or stalling Berwick’s nomination. Indeed, they were eager for his hearing, hoping to assail Berwick’s past statements about health care rationing and his praise for the British health care system… White House officials and Senate Democrats argue that Republicans weren’t acting in good faith, that they were hoping to use Berwick’s nomination to demagogue the career of a widely-respected pediatrician praised by myriad medical organizations as well as President George W. Bush’s CMS administrators. Democrats say that the GOP was planning to use this confirmation fight to re-litigate the health care legislation battle, a fight they lost. Is the desire to avoid that debate enough of a justification for a recess appointment? Does using the Constitutional recess appointment prerogative so as to avoid having to expend political energy and capital on a fight one doesn’t want to wage – does that live up to the president’s stated promise of transparency? For many Democrats, the answer is yes. They argue that GOP obstructionism and the desire of certain Republican senators to unfairly assail Berwick as a sort of death panel advocate drove the President to make the recess appointment. In other words, the recess appointment had nothing to do with “obstructionism” and everything to do with Democrats’ fears that the GOP would “re-litigate the health care legislation battle,” and raise the specter of health care rationing, which, contrary to many media claims, is quite real . If those are the reasons for Obama’s choice, the media should report it as such, rather than trumpeting inaccurate claims meant to shield unpopular policies from criticism.

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Dems Inaccurately Claim GOP Blocked Berwick Nomination, Media Happy to Play Along

gayray on the steve Q show

gayray on the steve Q show. his frist hiv test added by: steveQ

8-Year-Old Accidentally Exercises Second Amendment Rights

NORFOLK, VA—Gun owners nationwide are applauding the patriotic, though accidental, exercise of Second Amendment rights by 8-year-old Timothy Cummings Tuesday. “Timothy is a symbol of American heroism,” said NRA executive vice president Wayne LaPierre from Cummings' bedside at Norfolk General Hospital, where the boy is in serious but stable condition from a self-inflicted gunshot wound. “While praying for his recovery, we should all thank God that his inalienable right to keep and bear arms has not been infringed.” The incident occurred shortly after Cummings returned from school and found that his parents were absent from the house. Displaying what Second Amendment-rights groups are calling “good old-fashioned American ingenuity,” Cummings placed a pair of phone books on a stool to retrieve his father's loaded .38-caliber revolver from its hiding place on a closet shelf. After a preliminary backyard investigation of his constitutional rights claimed the life of Pepper, the family's cocker spaniel, Cummings fell on the weapon, causing it to discharge into his left thigh. “The framers of the Constitution would be so proud of what my boy did yesterday,” said Cummings' father Randall, 44, who originally purchased the handgun for home defense. “If 8-year-old boys discharging loaded firearms into their own legs isn't necessary to the maintenance of a well-regulated militia, I don't know what is.” Doctors worked for six hours to reconstruct Timothy Cummings' femur, which shattered from the impact of the high-velocity teflon-coated slugs, and to graft his remaining muscular and circulatory tissue over the fist-sized exit wound below his left buttock. Although the boy lost a great deal of blood, attending physicians say they are confident that he will recover sufficiently to resume active use of firearms, though his chances of walking again are slim. “For years, the people who want to take away our freedoms have said that we're not smart enough or responsible enough to own handguns,” Randall added. “Timothy is proof that even a child is capable of using a handgun for its intended purpose.” Enlarge ImageNRA executive vice president Wayne LaPierre praising Cummings' “commitment to the American way.” Gun owners nationwide have flooded Cummings' hospital room with flowers, letters of congratulations and invitations to “come shooting.” Area firearms enthusiast and family friend Lloyd Stone showed his support by donating 18 inches of vascular material to help rebuild Cummings' left femoral artery. “He may be just a boy, but this use of the Second Amendment was a man-sized undertaking,” Stone said. “Timothy may need a wheelchair for the rest of his life, but with every step he doesn't take, he'll realize what the Constitution really means.” Although Cummings has yet to deliver an official statement on the incident, he regained consciousness long enough to discuss his immediate plans. “Please, I want to run and play again,” Cummings told doctors Tuesday night. “My leg hurts bad. Please make it stop.” Although gun-control advocates have criticized the boy's gun use, the NRA was quick to respond, calling Cummings' use of much-protested, teflon-coated “cop-killer” bullets “a victory for America.” “Timothy should be held up as an example to people who think we don't need these bullets—or fully automatic assault weapons, or concealable handguns which are impervious to metal detectors, for that matter,” said NRA president Charlton Heston, who plans to congratulate Cummings in person as soon as he is through lobbying for Senate repeal of recently passed legislation mandating background checks for gun buyers. “If we ban teflon-coated bullets, automatic weapons would be next,” Heston said. “Then all handguns. Next thing you know, the law would deny our citizens' children the personal freedom to blow holes through their own legs.” NRA lobbyist Tom Korologos agreed. “Timothy's heroic accident happened because we live in the greatest country in the world,” he said. “Had he grown up in Japan, England or Russia, he wouldn't be where he is today.” “Restrictive laws would have kept him 'safe' at home—and they would have justified it by telling us it was for his own good,” Korologos added. “That's not the type of country I'd want my children to grow up walking normally in.” “Timothy is a shining example to gun-owning families everywhere,” Cummings' mother Suzanne told reporters. “I am proud that my boy has followed in the footsteps of the many thousands of patriotic children who have already demonstrated their commitment of the U.S. Constitution in this same way.” http://www.theonion.com/articles/8yearold-accidentally-exercises-second-amendmen… added by: cclark_productions

Atheist billboard on Billy Graham Parkway: One Nation Indivisible (not under God)

The billboard features an American flag background and quotes the original phrase from the Pledge of Allegiance, before “under God” was inserted after “one nation,” in 1954. That was at the height of the Cold War and the addition was meant to distinguish the United States from the Soviet Union, which officially embraced atheism. Set to be up for four weeks, the billboards – costing a total of $15,000 – are a July 4 project of the N.C. Secular Association, a coalition of groups such as Charlotte Atheists & Agnostics, the Ethical Humanist Society of the Triangle and Western North Carolina Atheists. Their message: non-religious North Carolinians are patriots, too. “We’re doing this to raise the consciousness of the people of North Carolina,” said Warren, 29, an electronic technician who served in the Marines from 1999-2004. “We want to let them know that not everybody here is religious. There are atheists in North Carolina and we expect to be recognized and treated like everybody else.” The Pledge of Allegiance was penned in 1892 by a Baptist minister who left out any mention of religion. For generations, the Pledge has been recited by schoolchildren as they gazed at the American flag with their right hands over their hearts. President Eisenhower signed the “under God” addition into law on Flag Day, June 14, 1954. Over the years, the courts have been asked to rule on the constitutionality of the Pledge. Jehovah’s Witnesses, who swear loyalty to no other power but God, challenged the requirement that kids deliver the oath. And atheists have said that adding “under God” amounted to a violation of the constitutional ban on government endorsement of a particular religion. “When the words ‘under God’ were inserted into the Pledge of Allegiance between ‘one nation’ and ‘indivisible,’ they made a lie out of both those ideals,” Joseph McDaniel Stewart, vice president of FreeThoughtAction and one of the N.C. coalition founders, said in an e-mail. “You can’t have an indivisible nation if you draw a line between the godly and godless. We all belong here.” The billboard project is the latest sign that atheists – nationally and in North Carolina – are trying to boost their visibility and challenge conservative Christians in public forums. A recent series of assertive books by atheist authors such as Christopher Hitchens, Sam Harris and British biologist Richard Dawkins have climbed national bestseller lists. And when Dawkins came to Charlotte this year to speak at Queens University, local atheists sponsored a fundraiser for the Richard Dawkins Foundation. Warren said more than 600 people have signed up on his group’s Web site ( www.charlotteatheists.com ). And its monthly gatherings usually attract about 50 people. The Charlotte-based Billy Graham Evangelistic Association declined to comment. The Rev. Mark Harris, senior pastor at First Baptist Church in uptown Charlotte, said he was grateful that the local atheists’ financial resources “are so limited” that they could afford only one billboard here. He called the decision to place that one on Billy Graham Parkway “at best, in poor taste and, at worst, a disgrace.” Harris, who’s a leader in the Baptist State Convention of North Carolina, also quoted Psalm 33 – “Blessed is the nation whose God is the Lord.” “Anybody who looks at the United States or looks at countries like Great Britain, which have been governed by a succession of godly (officials), will see why I personally believe that that’s why these nations have been so blessed,” Harris added. “And any decline of Great Britain and America will be in step with a growing independence from God.” http://www.thestate.com/2010/06/24/1348246/charlotte-atheist-groups-billboard.ht… added by: Stoneyroad

University of Colorado bans Nerf Guns; Zombies and Humans disappointed

“DENVER | It was a rough week for gun rights in Colorado. First, Colorado State University voted to ban concealed firearms on campus. Then the University of Colorado went a few steps further and cracked down on another nefarious threat: Nerf guns.

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University of Colorado bans Nerf Guns; Zombies and Humans disappointed

Judge grants injunction against Congressional defunding of ACORN.

A US District Court judge has granted a preliminary injunction against last September's defunding of anti-poverty group ACORN by a vote of Congress. ACORN had filed a lawsuit claiming that Congress's action violated the explicit Constitutional prohibition against bills of attainder — punishments handed out to an isolated individual or group by legislative proceedings rather than through the courts.

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Judge grants injunction against Congressional defunding of ACORN.

Did Texas’ Gay Marriage Ban Accidentally Ban Straight Marriage, Too?

A Houston lawyer says her state made a “massive mistake” in their Constitutional amendment to ban gay marriage (you know, the one that was supposed to protect straight marriage) and now everyone in Texas is divorced. McClatchy reports that Barbara Ann Radnofsky is a Democratic candidate for attorney general who thinks Texas’ 2005 ban on gay marriage inadvertently “eliminates marriage in Texas,” every single one. The amendment, approved by the Legislature and overwhelmingly ratified by voters, declares that “marriage in this state shall consist only of the union of one man and one woman.” But the troublemaking phrase, as Radnofsky sees it, is Subsection B, which declares: “This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.” Uh, whoops

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Did Texas’ Gay Marriage Ban Accidentally Ban Straight Marriage, Too?

The roots of rage at a town hall meeting

A compelling article on the misleading town hall protesters, the surprising courage of Arlen Specter on the issue of health reform and the underlying, rage of the conservative fringers. LEBANON, Pa.

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The roots of rage at a town hall meeting

Is Elizabeth Wurtzel Breaking the Law By Calling Herself a Lawyer?

As we’ve noted before , Elizabeth Wurtzel , the Prozac Nation author who graduated from Yale Law School last year, hasn’t passed the bar exam yet. But that hasn’t stop her from pretending to be a lawyer! Which might be illegal. Wurtzel granted an interview recently to Bitter Lawyer , talking about how much she loves the law and how awesome it is being a lawyer and working at David Boies ‘ law firm.

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Is Elizabeth Wurtzel Breaking the Law By Calling Herself a Lawyer?