You cannot rewrite laws to achieve your political agenda

The EPA was directed to set standards for radi...

The EPA was directed to set standards for radioactive materials under Reorganization Plan No. 3 (Photo credit: Wikipedia)

We feature Marita Noon here fairly often, she is one of the best on energy affairs, and I have found her point to be correct almost always, and her conclusions are just as trustworthy. This comes via RedState. a site I like although do not always agree with (depends on the contributor, mostly). Here’s Marita.

 

Now that the dust has settled on the Supreme Court’s 2014 session, we can look at the decisions and conclude that the Administration received a serious smack down. Two big cases got most of the news coverage: Hobby Lobby and the National Labor Relations Board’s (NLRB) recess appointments. In both cases, the Administration lost. At the core of both, is the issue of the Administration’s overreach.

Within the cases the Supreme Court heard, one had to do with energy—and it, too, offered a rebuke.

You likely haven’t heard about Utility Air Regulatory Group (UARG) v. Environmental Protection Agency (EPA)—and may think you don’t care. But with the session over, UARG v. EPA makes clear the Court’s trend to trim overreach.

The UARG v. EPA decision came down on June 23. None of the major news networks covered it. Reviews of the 2014 cases, since the end of the session, haven’t mentioned it either. The decision was mixed—with both sides claiming victory. Looking closely, there is cause for optimism from all who question the president’s authority to rewrite laws.

A portion of the UARG v. EPA case was about the EPA’s “Tailoring Rule” in which it “tailored” a statutory provision in the Clean Air Act—designed to regulate traditional pollutants such as particulate matter—to make it work for CO2. In effect, the EPA wanted to rewrite the law to achieve its goals. The decision, written by Justice Antonin Scalia for the majority, stated:

“Were we to recognize the authority claimed by EPA in the Tailoring Rule, we would deal a severe blow to the Constitution’s separation of powers… The power of executing laws…does not include a power to revise clear statutory terms that turn out not to work in practice.”

Emphasis mine and via Marita Noon: You cannot rewrite laws to achieve your political agenda | RedState.

 

What she says here is correct. valid , and beyond a doubt completely true, in point of its effects, both allowed and disallowed.

 

But there is a wider point here as well. We have talked a good bit about how ‘administrative law’ is simply unlawful and unconstitutional. The main article is here, there are others here as well, and there are more coming.

 

This is important, folks. The use of so-called administrative law, which is really the old prerogative power of king’s which drove both the English and American Revolutions come back again, in slightly new camouflage. It is just as pernicious to the ‘Rule of Law’ now, as when it was used by the Stuarts or the Hanoverians. Or indeed by King John, leading to Magna Charta, itself.

 

It’s an unlawful practice that has grown because we have neglected the lessons of history, and the price of correction is getting higher constantly.

 

Capitalism and the Making of the Market

Texas Barnett Shale gas drilling rig near Alva...

Texas Barnett Shale gas drilling rig near Alvarado, Texas (Photo credit: Wikipedia)

Isn’t it amazing that the US is now the largest producer (again) of oil and gas in the world. Particularly in the face of a drilling ban on federal lands (a large percentage of the west) the unalterable ill wishes of the government and its EPA, and vocal opposition from the so-called progressives. Who should be really called regressives because they want to live in the pre-industrial world, where a percentage of the lower classes starved even in the good years.

Yay! For the free-market (or what’s left of it) It may save us yet.

U.S. is now world’s biggest oil producer – Herald and News: Nation/World News

LONDON — The U.S. will remain the world’s biggest oil producer this year after overtaking Saudi Arabia and Russia as extraction of energy from shale rock spurs the nation’s economic recovery, Bank of America Corp. said.

U.S. production of crude oil, along with liquids separated from natural gas, surpassed all other countries this year with daily output exceeding 11 million barrels in the first quarter, the bank said in a report Friday. The country became the world’s largest natural gas producer in 2010. The International Energy Agency said in June that the U.S. was the biggest producer of oil and natural gas liquids.

“The U.S. increase in supply is a very meaningful chunk of oil,” Francisco Blanch, the bank’s head of commodities research, said by phone from New York. “The shale boom is playing a key role in the U.S. recovery. If the U.S. didn’t have this energy supply, prices at the pump would be completely unaffordable.

”Oil extraction is soaring at shale formations in Texas and North Dakota as companies split rocks using high-pressure liquid, a process known as hydraulic fracturing, or fracking. [...]

via U.S. is now world’s biggest oil producer – Herald and News: Nation/World News.

Mad Dogs and Englishmen

Noel Coward wrote

Mad dogs and Englishmen go out in the midday sun.
The Japanese don’t care to, the Chinese wouldn’t dare to,
Hindus and Argentines sleep firmly from twelve to one,
But Englishmen detest a siesta,
In the Philippines there are lovely screens,
to protect you from the glare,
In the Malay states there are hats like plates,
which the Britishers won’t wear,
At twelve noon the natives swoon, and
no further work is done -
But Mad Dogs and Englishmen go out in the midday sun.,

But it seems that when they are watching tennis, they get heat stroke when a sunny day gets into they 80s. Speaking as one who has carried 142 pound gearboxes a quarter-mile into a 12 foot high corn in ankle-deep mud on a 100°F day with matching humidity, (no, I didn’t volunteer!) it seems a bit silly. But I suppose no one told them that alcohol is not the proper drink for those conditions–that’s why we invented Gatorade, after all.

Still Richard Littlejohn’s point is very valid and well taken, so enjoy.

So far, so typical. Last week spectators at Wimbledon were being treated for sunstroke as temperatures soared into the 80s. On Saturday the heavens opened, as they usually do after a heatwave, soaking the motor racing at Silverstone and Henley Regatta.By the end of this week, the Met Office is predicting it will be Phew, What A Scorcher! time again. It’s called the British summer.+4Not according to the Government, it isn’t. Officially, we don’t have weather any more. We have ‘climate change’, a catch-all excuse for everything from raising taxes and refusing to empty the bins to exploding manhole covers.

via The sun has got his hat on – break out the Bacofoil! | Mail Online.

 

And here

The Rhymes of History

This is going to be a two or three-part series, and it’s not going to have many laughs in it. What we are going to talk about is the manifest overreach of the federal government, in especially the last few years. We are also going to dispassionately (mostly) compare it to a similar time some 240 years ago, in the 1770s. We’ll start this morning with some discussion about what the Founders were thinking in those days. So, let’s begin.

And so, Sen. Harry Reid thinks that Cliven Bundy and those with him the other week are domestic terrorists. I suppose he is entitled to his opinion, and we’ll come back to that.

It seems to me that we are starting to tread on ground that we haven’t covered in about 240 years. Yes it may be that serious. And so we need to review the basics. America was founded above all to reclaim the liberties afforded to all freeborn Englishmen, and because of when the settlement happened, we inherited them at their zenith. In fact, in 1775, Edmund Burke said this:

Let the colonies always keep the idea of their civil rights associated with your government-they will cling and grapple to you, and no force under heaven will be of power to tear them from their allegiance. But let it be once understood that your government may be one thing and their privileges another, that these two things may exist without any mutual relation – the cement is gone, the cohesion is loosened, and everything hastens to decay and dissolution. As long as you have the wisdom to keep the sovereign authority of this country as the sanctuary of liberty, the sacred temple consecrated to our common faith, wherever the chosen race and sons of England worship freedom, they will turn their faces towards you. The more they multiply, the more friends you will have, the more ardently they love liberty, the more perfect will be their obedience. Slavery they can have anywhere. It is a weed that grows in every soil. They may have it from Spain, they may have it from Prussia. But until you become lost to all feeling of your true interest and your natural dignity, freedom they can have from none but you. This is the commodity of price, of which you have the monopoly. This is the true Act of Navigation, which binds to you the commerce of the -colonies, and through them secures to you the wealth of the world. Deny them this participation of freedom, and you break that sole bond which originally made, and must still preserve, the unity of the empire. Do not entertain so weak an imagination as that your registers and your bonds, your affidavits and your sufferances, your cockets and your clearances, are what form the great securities of your commerce. Do not dream that your Letters of office, and your instructions, and your suspending clauses are the things that hold together the great contexture of this mysterious whole. These things do not make your government. Dead instruments, passive tools as they are, it is the spirit of the English communion that gives all their life and efficacy to them. It is the spirit of the English constitution which, infused through the mighty mass, pervades, feeds, unites, invigorates, vivffles every part of the empire, even down to the minutest member.

And it seems that history does at least rhyme, because we may have come again to that point.

And so, we find ourselves doing the same things as the founders did, studying the writing of the great philosophers of antiquity as we attempt to discern the way forward. And inevitable after watching the confrontation in the Nevada desert, we gravitate to St. Thomas Aquinas, and his just war theory, in Summa Theologica, he writes of the just causes of war, to wit.

  • First, war must occur for a good and just purpose rather than the pursuit of wealth or power.

  • Second, just war must be waged by a properly instituted authority such as the state.

  • Third, peace must be a central motive even in the midst of violence.

Which is all very well, but leaves us with the conundrum of the “properly instituted authority, such as the state”.

The School of Salamanca expanded on his work in this area thusly:

  • In self-defense, as long as there is a reasonable possibility of success. If failure is a foregone conclusion, then it is just a wasteful spilling of blood.

  • Preventive war against a tyrant who is about to attack.

  • War to punish a guilty enemy.

Which sheds a bit more light, with the introduction the term tyrant.

We often have trouble when arguing in the English-speaking world when we work from sources connected with the Catholic church, for all their learning which is immense and very useful, there is also a dichotomy. The Church is properly called The Roman Catholic Church, and it is no misnomer. That is in no way meant to be a disparagement of the church, but since the empire itself, Roman law has always had the principle that the state is the giver, the top of the pyramid, if you will.

In the English-speaking world, which developed from the old north German tribes (Angles, Saxons, Jutes, and others) who migrated to England after the Roman period and never owed allegiance to the empire we have another model. In our history the government has always been the creation of the people, and the government, the servant of the people. This is the thread of which we have spoken so many times that runs from King Alfred’s Charter to, Magna Charta, on to the English Civil War and the Glorious Revolution and the English Bill of Rights, and continued on this side of the Atlantic with the American Revolution (which many see as a reprise of the English Civil War) and finally the Constitution and its attendant Bill of Rights.

That is a very long way of saying that the people are sovereign and may set up their government as they please. And that gives us the properly instituted authority, that Aquinas demands, the people are the highest authority, in our world.

Even the law codes reflect this, in the Roman world we hear such terms as the Justinian Code and the Code Napoleon, which signify law written from scratch by the ruler and imposed on the populace. But in our world we have the Law of the Land, by which we usually mean the Common Law, and it reflects what we have said, instead of being imposed by the ruler, it has been built one case at a time over the centuries, by the people themselves, and their needs.

The clearest manifestation of the difference is in this. In most of Europe it is assumed that you can do most anything if you get the permission of the government. In the UK and even more in America it is assumed you can do anything you please unless it is specifically prohibited by law. It is a very big difference, isn’t it?

That’s all fine and good, but do we have the individual right to resist the government. In some ways that is a question that you have to answer for yourself, but if we go back to St. Augustine we’ll find that while he considered self-defense to be a bit sub-optimal, he did recognize it and further recognized a right to defend the weak and/or defenseless. He recognized that one could be faithful to God and still be a soldier, although it could at times present a decided dichotomy between obedience to God and obedience to the state. In the last analysis, you’re going to have to talk it over with God.

That’s the general background that supported the Revolution, and would have to be satisfied to justify another one. Echoing everyone who ever thought about this Thomas Jefferson said this in the Declaration of Independence:

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security..

So we need to think long and hard before doing anything like that, and make sure we can’t do it peacefully. But of course, it’s not entirely up to us either.“

In our next post, we will analyze the confrontation between Cliven Bundy and the BLM.

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Cooked Books and Corrupt Government

English: Three-quarter length portrait of Rudy...

English: Three-quarter length portrait of Rudyard Kipling, photographic postcard, by Bourne & Shepherd. Image courtesy of the Beinecke Rare Book & Manuscript Library, Yale University.http://beinecke.library.yale.edu/dl_crosscollex/brbldl/oneITEM.asp?pid=2022961&iid=1088883&srchtype=VCG (Photo credit: Wikipedia)

And so, as I imagine most of you know, the administration has decided to cook the census books to get ‘better’ numbers for Obamacare. I wasn’t particularly surprised, they’ve cooked all the other books, why not these? Apparently, Megan McCardle was surprised. She had this to say:

I’m speechless. Shocked. Stunned. Horrified. Befuddled. Aghast, appalled, thunderstruck, perplexed, baffled, bewildered and dumbfounded. It’s not that I am opposed to the changes: Everyone understands that the census reports probably overstate the true number of the uninsured, because the number they report is supposed to be “people who lacked insurance for the entire previous year,” but people tend to answer with their insurance status right now.

But why, dear God, oh, why, would you change it in the one year in the entire history of the republic that it is most important for policy makers, researchers and voters to be able to compare the number of uninsured to those in prior years? The answers would seem to range from “total incompetence on the part of every level of this administration” to something worse

But I fail to see why we would expect anything else, we passed beyond the “Rule of Law” sometime late in the Bush presidency, or early in Obama’s, it hardly matters anymore. And if you’d like to know why there is no inflation, it’s mostly because we don’t count food, and fuel, anymore. Been to the grocery store lately? As usual Kipling said it best:

As it will be in the future, it was at the birth of Man
There are only four things certain since Social Progress began.
That the Dog returns to his Vomit and the Sow returns to her Mire,
And the burnt Fool’s bandaged finger goes wabbling back to the Fire;

It’s all a sham, the corrupt books passed cooked to the apathetic. Nobody knows what is going on because the reports are, quite simply, lies. Nobody knows, not even the corrupt kleptocrats who perpetrated it. Why can’t anything be saved? Because the laws don’t work, especially the corporate bankruptcy laws, anymore. The housing bubble and the GM and Chrysler bailouts ruined all confidence in the market. Why do we have illegal aliens? Because unless you can afford the disguised bribes, or you work for an employer that wants cheap labor, you cannot immigrate legally.

But that’s all water over the dam, it simply doesn’t matter anymore. Why? because a huge majority of the citizens simply don’t give a damn, haven’t in years. They don’t care if they earn a living. Eat the Rich! What they’ll do when there are no rich except their masters in Washington never enters their minds.

That’s too much like cause and effect for their simple minds, so never mind.

And so Kipling again applies:

Recessional

God of our fathers, known of old,

   Lord of our far-flung battle-line,

Beneath whose awful Hand we hold

   Dominion over palm and pine—

Lord God of Hosts, be with us yet,

Lest we forget—lest we forget!

The tumult and the shouting dies;

   The Captains and the Kings depart:

Still stands Thine ancient sacrifice,

   An humble and a contrite heart.

Lord God of Hosts, be with us yet,

Lest we forget—lest we forget!

Far-called, our navies melt away;

   On dune and headland sinks the fire:

Lo, all our pomp of yesterday

   Is one with Nineveh and Tyre!

Judge of the Nations, spare us yet,

Lest we forget—lest we forget!

If, drunk with sight of power, we loose

   Wild tongues that have not Thee in awe,

Such boastings as the Gentiles use,

   Or lesser breeds without the Law—

Lord God of Hosts, be with us yet,

Lest we forget—lest we forget!

For heathen heart that puts her trust

   In reeking tube and iron shard,

All valiant dust that builds on dust,

   And guarding, calls not Thee to guard,

For frantic boast and foolish word—

Thy mercy on Thy People, Lord!

 

Well, you know what,it’sMaundy Thursday, and it’s my birthday, another year closer to getting worthless (by then) Social Security. In my lifetime, I’ve watched my country consistently hold the line on freedom, and win the cold war, and then gone from that triumph, on to become a lawless, rogue regime, that couldn’t find enough leadership to lead a horse to water. And so, I’ve nothing particularly important to do today, so I think I’ll go find a bottle of whisky, and get drunk as a lord.


After all, Who is John Galt?

 

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50 Years Ago This Week

Fifty years ago this week, Ford Motor Company, including a guy in marketing by the name of Lee Iacocca, brought to market a car that sold reasonably well, and still does: The Mustang.

In those halcyon days of proper American companies, I was a Dodge truck guy and a Buick (I still love the 63-65 Rivieras) and Chevy car guy but, it was a pretty cute car. My buddies tended to refer to it as a “Muskrat” in derision as we really prefered things like Impala SS’s and such but it wasn’t a bad car, by any means.

1966_red_Ford_Mustang_convertible_front_side

1966

Although they expected it to sell about 125,000 units, Ford’s bean counting types weren’t very excited, they thought it would pull sales from their other lines, and probably it did. It pulled sales from nearly everywhere else as well, it sold 418,812 units in the first year, for a profit of over $1 billion dollars (yes, with a ‘B’).

The 1969 Mach 1 may have been the best of the early models it was sure a looker at any rate, and it moved along, if not quite Mach 1, still it was pretty quick.

 It would pass most things, other than a gas station of course.

MINOLTA DIGITAL CAMERA

1969 Mach 1

And that brings up an interesting point, that ’69 above put more pollution into the air, sitting in the driveway turned off, than this one does at 60 miles per hour.

2015 Mustang

2015 Mustang

One of the neat things is that for 50 years, the Mustang has stayed pretty much true to its original vision, and not turned into something else. And you know, the last 6 years or so has turned me into a Ford guy, simply because they’re still an American company, not owned by the government or the Italians or something.

Happy Birthday Mustang!

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