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Energy, Taxes, and Obama's Exodus

On energy, I am a proponent of many things, including: more drilling, nuclear power, wind power, solar, natural gas, ect.....
An op-ed in the Wall Street Journal today by oil man T. BOONE PICKENS includes many of these things.
What a real energy plan would look like.


Sadly, Barack Obama has decided against drilling for any more oil or nuclear plants and will just "invest in green jobs" and solar, wind, ect. Even worse, both candidates support a "cap and trade" system for regulating carbon emissions. Which by any standards should really be called "Cap and Tax".

From the WSJ op-ed:

In fact, if we don't do anything about this problem, over the next 10 years we will spend around $10 trillion importing foreign oil. That is $10 trillion leaving the U.S. and going to foreign nations, making it what I certainly believe will be the single largest transfer of wealth in human history.

How will we do it? We'll start with wind power. Wind is 100% domestic, it is 100% renewable and it is 100% clean. Did you know that the midsection of this country, that stretch of land that starts in West Texas and reaches all the way up to the border with Canada, is called the "Saudi Arabia of the Wind"? It gets that name because we have the greatest wind reserves in the world. In 2008, the Department of Energy issued a study that stated that the U.S. has the capacity to generate 20% of its electricity supply from wind by 2030. I think we can do this or even more, but we must do it quicker.

My plan calls for taking the energy generated by wind and using it to replace a significant percentage of the natural gas that is now being used to fuel our power plants. Today, natural gas accounts for about 22% of our electricity generation in the U.S. We can use new wind capacity to free up the natural gas for use as a transportation fuel. That would displace more than one-third of our foreign oil imports. Natural gas is the only domestic energy of size that can be used to replace oil used for transportation, and it is abundant in the U.S. It is cheap and it is clean..........

I believe this plan will be the perfect bridge to the future, affording us the time to develop new technologies and a new perspective on our energy use. In addition to the plan I have proposed, I also want to see us explore all avenues and every energy alternative, from more R&D into batteries and fuel cells to development of solar, ethanol and biomass to more conservation. Drilling in the outer continental shelf should be considered as well, as we need to look at all options, recognizing that there is no silver bullet.


Obama and "Soaking the Rich"



A year ago, a New York Times article examined the effect of the tax cuts. Ironically, the article is named: "Tax Cuts Offer Most for Very Rich, Study Says" Here's what it reveals in the last couple of paragraphs:

The report shows that a comparatively small number of very wealthy households account for a very big share of total tax payments, and their share increased in the first four years after Mr. Bush’s tax cuts.

The top 1 percent of income earners paid about 36.7 percent of federal income taxes and 25.3 percent of all federal taxes in 2004. The top 20 percent of income earners paid 67.1 percent of all federal taxes, up from 66.1 percent in 2000, according to the budget office.

By contrast, families in the bottom 40 percent of income earners, those with incomes below $36,300, typically paid no federal income tax and received money back from the government. That so-called negative income tax stemmed mainly from the earned-income tax credit, a program that benefits low-income parents who are employed.

Put another way: rich families were the undisputed winners from President Bush’s tax cuts, but people in the bottom half of the earnings scale were not paying much in taxes anyway.


New data on how much taxes the rich are paying are coming out soon. Stephen Moore of the WSJ has an article today about Barack Obama's plan to "Reviving Redistributionism ".

Emphasis is mine.
New data from the IRS will be out in a few weeks on who pays how much in taxes. My contacts at the Treasury Department tell me that for the first time in decades, and perhaps ever, the richest 1% of tax filers will have paid more than 40% of the income tax burden. The top 50% will account for 97% of all federal income taxes, while the bottom 50% will have paid just 3%.
[Barack Obama]

But Barack Obama has decided the rich still don't pay enough. He would redistribute the tax burden even more heavily on small business owners and the entrepreneurial class (two-thirds of the tax filers in the highest income tax bracket are small-business owners.) The nonpartisan Tax Foundation's Scott Hodge has just crunched the numbers on the Obama plan and concludes that "more than $131 billion would be redistributed from the top 1 percent of taxpayers to all other taxpayers.".........

Economist Glenn Hubbard of Columbia University has shown that in 1970, when the highest tax rate was 70%, the top 1% shouldered 16.7% of the income tax burden. Today the top tax rate is 35% and the same class of taxpayers pays a whopping 39% of the burden. The worst way to "soak the rich," Mr. Hubbard finds, is to raise tax rates.

Somebody needs to give the Obama campaign a refresher on all this. The Tax Foundation's Mr. Hodge wonders: "Can a tax system so focused on redistribution be compatible with economic growth?" Probably not but the Obama brain trust wants to give it a try anyway.


The tax rate of 35% for individuals/small businesses is equal to the top corporate rate of 35%. Obama wants to raise it back to 38% (possibly more?). Is it fair that the top bracket for small business pay a higher percentage than the top bracket for corporations?

Obama's exodus


Charles Krauthammer and Bob Herbert have chronicled Obama's abandonment of principles and the lefty nutroots pretty well here.

Charles Krauthammer on Obama's FISA flip:
"To be clear: Barack will support a filibuster of any bill that includes retroactive immunity for telecommunications companies. — Obama spokesman Bill Burton, Oct. 24, 2007

That was then: Democratic primaries to be won, netroot lefties to be seduced. With all that (and Hillary Clinton) out of the way, Obama now says he’ll vote in favor of the new FISA bill that gives the telecom companies blanket immunity for post-9/11 eavesdropping."

NAFTA
Obama told Fortune magazine
"Sometimes during campaigns the rhetoric gets overheated and amplified," he conceded, after I reminded him that he had called NAFTA "devastating" and "a big mistake," despite nonpartisan studies concluding that the trade zone has had a mild, positive effect on the U.S. economy.

Does that mean his rhetoric was overheated and amplified? "Politicians are always guilty of that, and I don't exempt myself," he answered.

Obama says he believes in "opening up a dialogue" with trading partners Canada and Mexico "and figuring to how we can make this work for all people."


The most interesting one has been on Public Financing.

Obama claims he did this because of those scary Republican 527s. Problem is, that there are no anti-Obama 527s as of right now. Ironically, the same day he pulled out, there was a MoveOn ad against John McCain running nationally. The weird part of this is that the right that disliked public financing are actually glad that Obama might have finally killed it. At the same time, they get to criticize Obama for this expedient route to an election victory over principle. Just as curiously, many liberals are defending his decisions by saying that he must win at any cost.

Gun control
"Last week, when the Supreme Court declared unconstitutional the District of Columbia’s ban on handguns, Obama immediately declared that he agreed with the decision. This is after his campaign explicitly told the Chicago Tribune last November that he believes the D.C. gun ban is constitutional."
Krauthammer

Liberal NYTimes columnist Bob Herbert is dismayed by Obama lately.
But Senator Obama is not just tacking gently toward the center. He’s lurching right when it suits him, and he’s zigging with the kind of reckless abandon that’s guaranteed to cause disillusion, if not whiplash.

So there he was in Zanesville, Ohio, pandering to evangelicals by promising not just to maintain the Bush program of investing taxpayer dollars in religious-based initiatives, but to expand it. Separation of church and state? Forget about it.

And there he was, in the midst of an election campaign in which the makeup of the Supreme Court is as important as it has ever been, agreeing with Justices Antonin Scalia and Clarence Thomas that the death penalty could be imposed for crimes other than murder. What was the man thinking?......

There’s even concern that he’s doing the Obama two-step on the issue that has been the cornerstone of his campaign: his opposition to the war in Iraq. But the senator denied that any significant change should be inferred from his comment that he would “continue to refine” his policy on the war.


Are those who support Obama suprised by these developments? Do they bother you? I've been predicting this for some time in the pages of the KSU Sentinel here and here.

Obama visited Cobb County yesterday and said this:
“I don’t understand when people are going around worrying about, we need to have English only. They want to pass a law, we just, we want English only,” Obama told supporters in Powder Springs, Georgia on Tuesday. “Now, I agree that immigrants should learn English, I agree with this. But understand this, instead of worrying about whether immigrants can learn English, they’ll learn English, you need to make sure your child can speak Spanish.” “You should be thinking about how can your child become bilingual,” he said. “We should have every child speaking more than one language. It’s embarrassing when Europeans come over here, they all speak English, they speak French, they speak German. And then we go over to Europe and all we can say is merci beacoup, right?”


Don't even know where to start with that. Perhaps he's suggesting middle America should cling to it's bible, guns, religion, and bilingual education.

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Transportation in Metro Atlanta

We have options to relieve congestion

By Kevin Schmidt

 

            Forbes magazine ranked Atlanta its number one worst city for commuters this year. It cited the fact that “commuters spend 60 hours a year stuck in traffic, second only to those in Los Angeles. If that weren't bad enough, Atlanta is so spread out that only 29% of drivers get to and from work in less than 20 minutes, the third worst rate in the country, and 13% spend more than an hour getting to work, the fourth worst rate in the country.” During peak hours, it takes 46% longer to get somewhere than during non-peak hours. By 2030, it is estimated to take 67% longer.

That such traffic is a positive sign of a thriving economy is overlooked amid the hair-pulling congestion and rising cost of fuel. Metro Atlantans are coping by switching to alternatives such as telecommuting, flex schedules, carpooling, express buses and MARTA in record numbers. The anxiety was compounded by the failed 1% regional sales tax initiative this past legislative session, and ensured transportation will remain a key issue in 2009.

Taxpayers should be prudent in supporting a transportation plan that will fit the unique situation of metro Atlanta. While many of us wish Atlanta were dense enough for commuter or light rail to be viable, they just can’t compete with the car. According to the 2000 Census data, the mean travel time for driving alone was 26.8 minutes; transit took 47.4 minutes. Atlanta only has six people per hectacre, compared to 19 in San Francisco, 40 in New York City, and 367 in Hong Kong. Also, most work trip flows go from suburb to suburb, instead of to the central city. For rail to become viable, Atlanta would have to increase density while increasing the flow of work trips into a central part of the city. To accomplish this, land use would have to be intensely regulated to increase density and limit sprawl.

A better incentive is to eliminate the subsidies that encourage sprawl. Developers, instead of taxpayers, should have to bear the cost of connecting water and sewer along with the necessary changes to roads and traffic lights. Also, regulations need to be reduced so that low-density mandates don’t limit innovative developments.

            The Georgia Association of Railroad Passengers, a commuter rail advocate, answers the density problem by noting: “A check of the 44 metro areas with more density than Atlanta shows that 29 currently have commuter rail service* and six more are building or considering commuter rail lines. Of the 14 top metro areas with LESS density than Atlanta, six have commuter rail service*, and four more are considering commuter rail service.” In their eyes, since other cities have commuter rail, we need more commuter rail. Regardless of whether or not they worked for those cities they cite, their one-track mind is that “if you build it they will come” and therefore it will work for metro Atlanta.

            There are many improvements possible (and some are in the process) right now to lessen congestion. During the next year, GDOT is installing about 100 more ramp meters at selected interstate interchanges throughout Metro Atlanta. Mark Demidovich, Assistant State Traffic Operations Engineer for Georgia DOT is enthused by the early progress of the recent ramp meters. "Preliminarily the results have been real promising, and I don’t anticipate them changing for the worse," he says. Estimates differ, but most studies show that ramp metering reduces congestion and vehicle crashes.

            The expansion of Highway Emergency Response Operators (HERO) coverage called for by Governor Sonny Perdue’s Fast Forward Congestion Relief program is critical to reducing congestion. Approximately 52% of total delay is caused by non-recurring incidents such as crashes, disabled vehicles or debris. A Reason Foundation study estimated that a $211 million expansion of HERO could reduce peak hour delays by 30%.

            Replacing HOV with High Occupancy Toll (HOT) lanes would be a welcome addition to the long-term transportation plan. HOV lanes have lost their benefit as a managed lane from heavy congestion; only value pricing lanes can ensure reliable trip times. If priced correctly, HOT lanes can provide relatively congestion free travel for those individuals willing to pay, but the lanes would remain free for carpools of at least three. It would also help in allowing Xpress buses and vanpools to move faster than general traffic, thus making them competitive with driving alone.

            Another type of managed lanes, truck only toll (TOT) lanes are currently being studied. A 2005 State Road and Tollway Authority study found that TOT lanes could improve traveling time for trucks, lessen congestion in general purpose lanes, and raise a “respectable amount of revenue.”

            There are many relatively cheap options that can help improve transportation in metro Atlanta. Synchronizing lights, building more roundabouts, and encouraging telecommuting would have a positive impact on congestion. From 1980-2000, telecommuting in Atlanta grew 192%. As we continue in the internet age, expect telecommuting growth to continue, and commuters to benefit from fewer cars on the road.

            GDOT commissioner Gena Abraham is on track with prioritizing and reforming the DOT, but more funding will be needed for future projects. Currently only 3 % of the 4% pre paid sales tax on gas goes to GDOT. That remaining 1% should go to GDOT before tax increases are considered.

            Non-traditional funding sources such as public-private partnerships can be effective for paying for projects without a tax hike. Any proposal for a tax increase should tell taxpayers were the money will go. The funds should go towards a specific priority, rather than into a group of funds were its destination will be forgotten.

            An alternative route around metro Atlanta should be studied. Traffic that only needs to go through Atlanta, rather than having Atlanta as its destination, should be given a viable option to bypass Atlanta without entering the city or packing the perimeter. A big picture idea would be to develop a highway outside of Atlanta that goes in the same direction as I-75, and use tolls to pay for the bypass. Investing in highway where it is cheaper and still deliver congestion relief would be smarter than paying for the expensive land use rights in Atlanta.

            The plentiful options to relieve congestion should have citizens optimistic about the future of metro Atlanta, but taxpayers need to remain vigilant to ensure that their money is being spent on projects that fit the metro area.

 

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The Burden of Pork Spending

You can also find this article here.

When Governor Sonny Perdue signed Georgia’s $21.1 billion budget for fiscal 2009, it contained $6 million for Local Assistance Grants (LAG), funds appropriated and allocated to a specific recipient or local government for a specific purpose. Lawmakers try to use the fact that these handouts are a relatively small part of the state budget – about 0.03 percent the ’09 budget – to defend the spending. 

 

The size notwithstanding, taxpayers need to question these appropriations. Does the specified program constitute a legitimate function of government? Is this program a local, rather than state, responsibility? Does it pose an undue burden on the local government’s budget? 

 

The evidence shows that a vast majority of these special projects to which the funds are allocated pose no undue burden on the local government’s budget. Of the 224 cities allotted grants, only 16 of the grants were larger than 5 percent of their fiscal 2006 budget. None of the grants for county government projects would have cost more than 1.75 percent of their budget. If the projects are of such minimal cost to the local government and the projects are so important, why wouldn’t the local government pay for it? 

 

This year, DeKalb County received a $5,000 grant for materials and supplies to help Park Pride-Druid Hills Civic Association construct a low activity neighborhood pocket park. One could reasonably assume it to be a legitimate function of government. The questions, however, are whether it should have been a local responsibility and whether it put an undue burden on DeKalb’s budget.

  

This project could have been paid in full, without assistance by the state, without even blinking. At $5,000, it was just 0.0008 percent of the county’s fiscal 2006 budget. The conclusion? The grant was not based on any financial need by DeKalb government. And it’s only one of many examples of money wasted on Local Assistance Grants. 

 

Among some of the projects grant money went to: $15,000 for replacing water heaters and retrofit for water conservation for the QLS Apartments in Fulton County; $20,000 for renovating the Baxley Livestock Barn and Arena in Appling County, and $10,000 on new football uniforms for Pebblebrook High School in Cobb County.  

 

These projects can be correctly called “pork.” The fact that these projects could be paid for easily at the local level shows how state lawmakers are using the grants as gifts to constituents.  

 

Despite the wasted money, there are some Local Assistance Grants being used for legitimate functions of state government. For example, the City of Fargo is getting $10,000 to purchase a used fire truck. This would have been 10 percent of Fargo’s $97,163 budget. The City of Payne received $7,500 to help buy fire hydrants and leak detection and prevention equipment.  The cost would have been 30 percent of Payne’s budget. These grants were allocated to important health and safety projects whose funding would have put an undue burden on the local governments.  

 

The larger problem with Local Assistance Grants isn’t the cost (though it is a problem), but rather the corruption that goes along with them Want a LAG for your district? Keep the powers that be happy and vote for their bills. If you don’t you could lose your grants. Want to get someone to vote for your bills? Persuade them with the offer of some hefty grants. It happens time and again. At the federal level, the Medicare prescription drug bill in 2003 was short of votes in the House, but it passed after those who wanted votes threatened to take away the pork of naysayers.  

 

Georgia lawmakers insist the grants go through an evaluation process and the money goes to the places it’s needed. Given the grants’ diversity, it’s impossible to decipher any sort of evaluation process or find out how grants are being prioritized. Relatively rich counties could afford all the projects they are getting grants to pay for. A close look at the 470 Local Assistance Grants clarifies that most of the allocation is based on politics, not good public policy.  

 

Pork spending has become so engrained in politics that a longtime senator suggested that taking away his highway money was like slapping his wife. Based on all the wasted money, a slapping might be necessary.



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Was Fascism "Right-wing"?

This is the spectrum widely used to place ideologies. Notice that is places fascism on the far right.

But what is "right-wing" about the National Socialist German Workers Party?

First I need to clarify "right-wing". I'm comparing the National Socialists to Classical Liberalism. That is, "a doctrine stressing individual freedom and limited government. This includes the importance of human rationality, individual property rights, natural rights, the protection of civil liberties, constitutional limitations of government, free markets, and individual freedom." For the purposes of this note, I'm going to stick mostly with economics for the sake of brevity.

Now, when I describe the economic system in Nazi Germany you should ask yourself whether or not a conservative/libertarian/classical liberal would be advocating that in this country. The best example of the classical liberal ideology would be Milton Friedman.

As Sean astutely noted in an earlier note, Hitler and the Nazis hated communism, Marxism, and Bolshevism. Hitler's problems with Marxism were 3 fold:
1. Marxists were more concerned with the international call of communism (workers of the world unite!) than with the German State, which of course was Hitler's passion.
From Mein Kampf:
The lasting war against German 'heavy industry' was the visible beginning of the internationalization of German economy toward which Marxism was striving, though this could not be carried to its ultimate end until the victory of Marxism and the revolution.

Hitler decries the "internationalization" of the German industry. Hitler doesn't think communism is necessarily bad economics, but it should serve the German state instead of the world.

2. Many of the Marxists in Germany at that time were pacifists and opposed the first World War. Hitler saw this as treasonous (stabbed in the back).
From Mein Kampf:
While the Jews in their Marxist and democratic press proclaimed to the whole world the lie about 'German militarism' and sought to incriminate Germany by all means, the Marxist and democratic parties were obstructing any comprehensive training of the German national man-power


3. Based on my contention that the Nazis were on the left side of the political spectrum, the reds and Nazis were competing for the same support and votes during the Weimar Republic. In "Mein Kampf", Hitler demonizes Marx as a jew and when talking about the decline of German industry said this: "it, too, fell a victim to the united attack of greedy finance capital which carried on this fight, with the special help of its most faithful comrade, the Marxist movement." Like the Jews, Hitler scapegoated Marxists for his own gain.

Nazi Economics



Too reiterate, an American conservative/libertarian would advocate a limited government with little state intervention in the free-market economy. Low taxes and regulations would be the devices by which it would be achieved. Some contend that because conservatives want to do things such as cut business taxes and regulations, we are supporting a sort of state corporatism. I would contend that the opposite would be more truthful. Big corporations can afford increased taxes and regulations. It is the small-businessman that cannot afford such barriers to entry. This lessens competition for the corporation.

"While communism is the control of business by government, fascism is the control of government by business," says Robert F. Kennedy Jr. This was distinctly not the case for Nazi Germany and Fascist Italy. It was the government controlling business under fascism. Corporations did not control Hitler, Hitler controlled them. This is why Hitler outlawed "war-profiteering".

My textbook Comparative Politicsby Michael Sodaro describes it better than I can:
The fascists of Italy and Germany also used state mechanisms to secure their control over the economy. Unlike communists and social democrats of that era, who favored abolishing private enterprise, the fascists were willing to permit prive firms to do business and make profts. These businesses were subject to all sorts of state regulations, however. To ensure that privately owned companies conducted their operations in accordance with the government's priorities........This system of state corporatism served the central purposes of facilitating the state's supervision of the economy...of organizing the economy for war.


What effectively is the difference between LEGAL ownership of the means of production (communism/socialism) and controlling what the corporations/businesses do for your interests. The only difference is the allowance of profit.

Sodaro also notes that (in Germany) they:
addressed the unemployment problem by hiring people for public works projects.....The Nazis also introduced a series of welfare measures to assist the most vulnerable parts of the population. The Nazi economy represented a kind of militarized Keynesian welfare state.


To conclude, I will throw in the Nazi Party platform. Emphasis on numbers 9-13,19,21, and 23. The evidence suggests that has much more parallel with the American progressive movement of the 20s and 30s than anything to do with being "right-wing".

This is summarized. Go to the link for the complete description of each point.

Combines extreme nationalism, racism and some socialist concepts.

1. Unification of Greater Germany (Austria + Germany)
2. Land + expansion
3. Anti-Versailles - abrogation of the Treaty.
4. Land and territory - lebensraum.
5. Only a "member of the race" can be a citizen.
6. Anti-semitism - No Jew can be a member of the race.
7. Anti-foreigner - only citizens can live in Germany.
8. No immigration - ref. to Jews fleeing pograms.
9. Everyone must work.
10. Abolition of unearned income - "no rent-slavery".
11. Nationalisation of industry
12. Divison of profits
13. Extension of old age welfare.
14. Land reform
15. Death to all criminals
16. German law, not Roman law (anti- French Rev.)
17. Education to teach "the German Way"
18. Education of gifted children
19. Protection of mother and child by outlawing child labour.
20. Encouraging gymnastics and swimming
21. Formation a national army.
22. Duty of the state to provide for its volk.
23. Duty of individuals to the state
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Boumediene v. Bush "warps our Constitution"

5-4 Decision gives unprecedented rights to alien enemy combatants


"Today, for the first time in our Nation’s history, the Court confers a constitutional right to habeas corpus on alien enemies detained abroad by our military forces in
the course of an ongoing war."
Justice Scalia in his Dissent


There are many things to consider here.
The fifth amendment to the U.S. Constitution reads (emphasis mine):

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
"

Also,
Article 1, Section 9, Clause 2 of the United States Constitution is known as the Suspension Clause. It states:
“ The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. ”

The case that that was used as precedent for the administration is Johnson v. Eisentrager. Wikipedia says it "was a major decision of the U.S. Supreme Court, where it decided that U.S. courts had no jurisdiction over German war criminals held in a U.S.-administered German prison. The prisoners had at no time been on American sovereign territory."

Reading through the majority opinion, I was open-minded (it's easier to be when you aren't as knowledgeable about the legal limbo). I will admit that they had made some good points (although I thought others such as the sovereignty question were silly). That is until I read Robert's and Scalia's scathing dissents.
So to start, Here is the AP story. Here are the opinions and dissents.

There is 134 pages of opinions, so I hope to break it down to follow it. The majority believes that since we kind of have sovereignty (but not really) over Guantanamo Bay, Cuba the prisoners should have the right to habeas corpus. They admit that we don't actually have the final say when it comes to sovereignty.
Guantanamo Bay is not formally part of the United States. And under the terms of the lease between the United States and Cuba, Cuba retains “ultimate sovereignty” over the territory while the United States exercises “complete jurisdiction and control.” We therefore do not question the Government’s position that Cuba, not the United States, maintains sovereignty, in the legal and technical sense of the term, over Guantanamo Bay. But this does not end the analysis. Our cases do not hold it is improper for us to inquire into the objective degree of control the Nation asserts over foreign territory.

In his dissent Scalia notes the irony: "The Court admits that it cannot determine whether the writ historically extended to aliens held abroad, and it concedes (necessarily) that Guantanamo Bay lies outside the sovereign territory of the United States"

The most important disagree is over the precedent (Johnson v. Eisentrager). The Majority believes it was a different situation. They note that because of being accountable by the allied powers in the American zone of West Germany we did not then have sovereignty like they say we do in Cuba. Scalia responds:
The category of prisoner comparable to these detainees are not the Eisentrager criminal defendants, but the more than 400,000 prisoners of war detained in the United States alone during World War II. Not a single one was accorded the right to have his detention validated by a habeas corpus action in federal court—and that despite the fact that they were present on U. S. soil.


The Majority writes about Habeas corpus proceedings:
"As to the third factor, we recognize, as the Court did in Eisentrager, that there are costs to holding the Suspension Clause applicable in a case of military detention abroad. Habeas corpus proceedings may require expenditure of funds by the Government and may divert the attention of military personnel from other pressing tasks. While we are sensitive to these concerns, we do not find them dispositive."

Given how long Brian Nichols trial is taking, you don't mind paying for the many extensive trials it would take to finally execute Khalid Shaikh Mohammed would you?

Chief Justice Roberts goes about his dissent much different that Scalia. He contends that a habeas corpus proceeding is unnecessary, because detainees can already appeal their status as enemy combatants put upon them from the executive branch.
The majority rests its decision on abstract and hypothetical concerns. Step back and consider what, in the
real world, Congress and the Executive have actually granted aliens captured by our Armed Forces overseas and found to be enemy combatants:
-The right to hear the bases of the charges against them, including a summary of any classified evidence.
-The ability to challenge the bases of their detention before military tribunals modeled after Geneva Convention procedures. Some 38 detainees have been released as a result of this process. Brief for
Federal Respondents 57, 60.
-The right, before the CSRT, to testify, introduce evidence, call witnesses, question those the Government calls, and secure release, if and when appropriate.
??The right to the aid of a personal representative in arranging and presenting their cases before a CSRT.
-Before the D. C. Circuit, the right to employ counsel, challenge the factual record, contest the lower tribunal’s legal determinations, ensure compliance with the Constitution and laws, and secure release,
if any errors below establish their entitlement to such relief.
In sum, the DTA satisfies the majority’s own criteria for assessing adequacy. This statutory scheme provides the combatants held at Guantanamo greater procedural protections than have ever been afforded alleged enemy detainees—whether citizens or aliens—in our national history.

I could go on and on, but I figure unless a discussion starts I can save my energy. I will end with some notes and questions.

-Why does the U.S. Constitution apply to foreign enemy combatants when it has never before?
-From Hot Air :"It seems absurd to apply criminal law to unlawful combatants captured during hostilities abroad. Will they require a Miranda reading, too? Do we have to bring the soldiers and Marines who captured them to the trial? In our 232-year history, when have we ever allowed that kind of access to enemy combatants not captured inside the US itself?"
-From the Corner
Mark Levin wonders "whether all POWs will now have access to our civilian courts? After all, you would think lawful enemy combatants have a better claim in this regard than unlawful enemy combatants. And if POWs have access to our civilian courts, how do our courts plan to handle the thousands, if not tens of thousands of cases, that will be brought to them in future conflicts?"
-Which state wants the prison with the terrorists?

The Supreme Court has yet again overruled the Congress and the President to impose its unelected will onto the people. By doing so, it has disregarded precedent and warped our constitution so that it covers those who do not either reside or have citizenship in our country. They are treating the terrorist threat to this country the way Bill Clinton did in the 90s. This is WAR. We cannot keep treating the threat like criminals that need law enforcement. It would be a safe assessment to say that if more terrorists get into the U.S. civilian justice system more of our troops will die overseas (from being released, as we have seen before). I don't think Scalia is off-base with that claim whatsoever. I do think it might have been misplaced to put in his dissent though.


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The Essential Veep List

We have our nominees and all we need is some veeps so we can head down the final stretch to November. There are plenty of prospects for McCain and Obama to choose from. I'll start with McCain.

Mitt Romney
Former Massachusetts Governor and Businessman made a strong run to the nomination and showed himself to be a formidable campaigner.


Pros
-Great fundraising prowess, although it still wouldn't stack up to Obama. Tapping Mitt's wealth would help.
-Performed well on television and in the debates
-Right or otherwise, he is given credit of having vast knowledge of economics and business.
-Executive experience
-Could help further pacify an uneasy conservative base who failed to rally around Mitt fast enough
Cons
-Squishy on past flipping on social issues
-Mormonism scares some
-Doesn't help geographically (Massachusetts won't be in play)
-It's obvious he wants the Presidency. Bush picked Cheney because he knew he didn't desire the Presidency. Whether McCain cares about that or not is yet to be seen.

Charlie Crist

Popular governor of Florida who help McCain take the state in the primaries.


Pros
-Fairly conservative and a popular figure in Florida
-Does put an incredibly important state in play
-seems warm, friendly, and down to earth (have a beer with kind of thing)
Cons
-Drank the Kool-Aid on emissions controls and not drilling off the cost of Florida
-Supports federally backed insurance for those on Florida coast lines

Sarah Palin

Most popular governor in America with 90% approval in Alaska.

Some people think she would make a great Veep. I'm not so sure.
A Jack Kelly article makes the case for Palin along with a "draft Palin"website.

Pros
-She's hot
-She's a woman
-She took on corruption and wasteful spending in the Alaskan Republic Party
-She's pro life and conservative
Cons
-Only in her second year as governor after two terms as Mayor of Wasilla. Would completely undercut McCain's argument that Obama is naive and inexperience when he has Palin a heartbeat away from Presidency
-At this point, I cannot tell how much knowledge she has on foreign policy and her views on the War on Terror.
-I think she's severely inexperienced and not ready for this. Give her another Gubernatorial term and she'll be ready for primetime.

Tom Ridge

Former U.S. Representative, Pennsylvania Governor, and first Secretary of Homeland Security is a strong choice for Veep.


Pros
-Legislative, Executive, and National Security experience all in one.
-Wouldn't be seeking the Presidency (I think)
-Vietnam Vet with the medals to show for it
-Pennsylvania in play. Huge toss up state.
Cons
-Close ties to the Bush administration
-He's pro choice. Not all that bad, but if you remember what the press did to Giuliani for being pro-choice you can see the drawbacks. It will be a huge distraction for McCain.

Ridge seems like a good choice. Marc Ambinder of The Atlantic has a full letter to the McCain campaign about the pros and cons of Ridge here
if you want to read further.

Tim Pawlenty

Governor of Minnesota who has downplayed any national ambition.


Pros
-Popular Governor of a battleground state
-A solid conservative.
-With two Gubernatorial terms coming to a close, he has the right experience.
Cons
-Supported a 20% mandate for ethanol mixing into gasoline in his state.
-Being a strong foe of illegal immigration would help conservatives back McCain, but could alienate Hispanics and McCain's position on the issue.
-As with many of the governors on the list, it's hard to tell to what extent they are knowledgeable on foreign affairs and the wars we are in.


Mark Sanford

3 Term member of the Republican Revolution and in his second term as Governor of South Carolina, many have called Sanford somewhat of a "Libertarian".


Pros
-Like McCain, he's a vicious opponent of wasteful spending. This led him to bring pigs into the South Carolina legislature after they put excessive pork in the budget.
-The GOP could use some more "libertarian".
-Kept his promise on term limits in the House
-He's eloquent and fairly young (48)
Cons
-South Carolina isn't a battleground state

Not a whole lot not to like about Sanford really. He's one of my top picks.

And last but not least......

Bobby Jindal

At 36 with more experience than Obama, Jindal has many conservatives excited.


Pros
-Reliable conservative reformer
-Eloquent
-Despite having less than a year as governor, he still has extensive experience and an impressive resume.
-Young
Cons
-Young. Although his resume is better than Obama's, he needs more time as Governor before he hits the national scene again.
-Louisiana needs him pretty badly at the moment.

Would I love to see Jindal as President of VP in the future? Sure. I'm just not sure if now is the best time.

So to wrap up I would rank them in this order:
1. Mark Sanford
2. Tom Ridge
3. Tim Pawlenty
4. Mitt Romney
5. Bobby Jindal
6. Sarah Palin
7. Charlie Crist

If you disagree with my rankings or think I have missed a potential Veep, please let me know.
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Obama, earmarks, and radical pastors

Guess who gave Father Pfleger $100,000?

Black Racism, White Racism?



Everyone remembers Reverend Wright's sermons that include U.S. of KKKa among others. Apparently, Obama has close connections to another racist, loud mouthed priest. Oddly enough, this one is white. Here's what he said about Hilary Clinton:

"I really don't believe it was a put-on. I always thought she felt 'This is mine. I'm Bill's wife. I'm white. And this is mine. I just got to get up and step into the plate,'" he said. "And then out of nowhere came, 'Hey, I'm Barack Obama.' And she said, 'Oh damn, where did you come from? I'm white. I'm entitled. There's a black man stealing my show."


Obama, after the fact of course, denounced the comments. "I am deeply disappointed in Father Pfleger's divisive, backward-looking rhetoric, which doesn't reflect the country I see or the desire of people across America to come together in common cause," Obama said.

Father Pfleger is one of Obama's religious leaders who has a "faith testimonial" on Obama's website. The New York Times shows the connection in this
long piece.

"Now, Mr. Obama more eagerly met the demands for spending earmarks for churches and community groups in his district, said State Senator Donne E. Trotter, then the ranking Democrat on the Senate Appropriations Committee. “I know this firsthand, because the community groups in his district stopped coming to me,” Mr. Trotter said.

Typical of Mr. Obama’s earmarks was a $100,000 grant for a youth center at a Catholic church run by the Rev. Michael Pfleger, a controversial priest who was one of the few South Side clergymen to back Mr. Obama against Mr. Rush.

Father Pfleger has long worked with South Side political leaders to reduce crime and improve the community. But he has drawn fire from some quarters for defending the Nation of Islam leader Louis Farrakhan and inviting him to speak at his church. Father Pfleger, who did not return calls for comment, is one of the religious leaders whose “faith testimonials” Mr. Obama has posted on his presidential campaign Web site."


Pfleger is (WSJ) "a strong supporter of Louis Farrakhan and has been described as a "spiritual adviser" to Obama. He also publicly threatened the life of a Chicago businessman and, according to one report, "is known for climbing ladders to deface liquor billboards."

Pfleger also believes that whites should surrender their assets, because he believes they belong to blacks.

"Well, don't hold me responsible [gesticulating] for what my ancestors did." But you have enjoyed the benefits of what your ancestors did and unless you are ready to give up the benefits [voice rising], throw away your 401 fund, throw away your trust fund, throw away all the money you put into the company you walked into because yo' daddy and yo' granddaddy and yo' greatgranddaddy--[screaming at the top of his lungs]--unless you're willing to give up the benefits, then you must be responsible for what was done in your generation 'cuz you are the beneficiary of this insurance policy!"


Empty Suit....Filled with earmarks.


So not only is this another radical pastor/spiritual adviser for Obama, but it's one whom he earmarked federal money to. Anyone still think earmarks are worth it now? Should the U.S. taxpayer have to pay for Father Pfleger's youth center? Sounds to me like he was out trying to win votes in the constituencies of these churches if he doesn't believe what his "spiritual advisers" are saying.

It seems that the farther we are getting into the campaign, the more Obama is being shown for the run of the mill liberal politician he really is. Expect McCain to rightly blast Obama on earmarks down the road of this campaign. Obama has shown he's more a part of Washington, and McCain is better suited to call himself the "Washington Outsider".
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Why are we Losing Iraq asks.....Al Qaeda?

Story Here

Al Qaeda sites have been abuzz about how "their collapse in Iraq was steep and catastrophic."

Today, al Qaeda has been shattered, with most of its leadership and foot soldiers dead, captured or moved from Iraq. As a result, al Qaeda attacks have declined more than 90 percent. Worse, most of their Iraqi Sunni Arab allies have turned on them, or simply quit. This "betrayal" is handled carefully on the terrorist web sites, for it is seen as both shameful, and perhaps recoverable.


Lately the trend has been going in our favor. The New Republic magazine does an excellent job of chronicling the "jihadist revolt against bin Laden".

These new critics, in concert with mainstream Muslim leaders, have created a powerful coalition countering Al Qaeda's ideology. According to Pew polls, support for Al Qaeda has been dropping around the Muslim world in recent years. The numbers supporting suicide bombings in Indonesia, Lebanon, and Bangladesh, for instance, have dropped by half or more in the last five years. In Saudi Arabia, only 10 percent now have a favorable view of Al Qaeda, according to a December poll by Terror Free Tomorrow, a Washington-based think tank.


Has the War on Terror made the world less safe and caused more terrorist attacks? Not according to the United Nation's study.

UNITED NATIONS (Reuters) - A study released on Wednesday reports a decline in fatal attacks of terrorism worldwide and says U.S. think-tank data showing sharp increases were distorted due to the inclusion of killings in Iraq.

"Even if the Iraq 'terrorism' data are included, there has still been a substantial decline in the global terrorism toll," said the 2007 Human Security Brief, an annual report funded by the governments of Canada, Norway, Switzerland, Sweden and Britain.


The evidence is beginning to mount that we are winning the War on Terror and the War in Iraq. Should the trend continue, I could possibly see what Bush is predicting. The war in Iraq and terror in general will make or break how history views his Presidency, and if we get more news like this, he could just be vindicated. With Maliki taking Basra, Sadr City, and in the process of finishing off Al Qaeda in Mosul, the future looks bright. If Obama would go to those places or talk to Petraeus (without preconditions of course), he might see that we're winning.

An Iraqi soldier takes a rest during a joint mopping-up operation with U.S. soldiers from Bravo Company, 1-22 Infantry Battalion on the edge of Shiite dominated Baghdad's neighbourhood of Shulla, May 20, 2008.
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Would Obama consider "socializing" the oil companies?

Would Obama consider "socializing" the oil companies?
"And guess what this liberal would be all about? This liberal would be all about socialize -- uh, uh, would be about basically taking over and the government running all of your companies."

How does Obama feel about this?


Barack Obama has decided that "It isn't right that oil companies are making record profits at a time when ordinary Americans are going into debt. ... That's why we'll put a windfall profits tax on oil companies...".

Why stop at a windfall profits tax? Why not just "take over" the oil companies and have the government run them? Obama needs to answer that question.

Regardless of his feelings about Waters' idiotic suggestion, how did Obama come up with over $80 a barrel needs a windfall tax? Why not $70 or $100? John Stossel describes it well in today's column http://townhall.com/columnists/JohnStossel/2008/05/28/windfall-profit_nonsense.
Oil companies make about 8.3 cents on the dollar. Soft drink and chemical companies make upwards of 15 cents on the dollar. Profits differ from PROFIT MARGINS.

One can only hope that Obama is just pandering and doesn't really have less knowledge of economics than John McCain (although I think he does). How does taxing "excess" profits lower the price at the pump? Economics 101 on supply and demand would tell Obama that supply is constrained while demand in skyrocketing. OPEC countries are restricting the supply to keep prices high. There is no empirical evidence linking American oil companies in price fixing. Nation-states control a majority of the oil in the world and the oil companies have to pay them royalties to drill for it in those countries, and in the case of Venezuela they were kicked out.

The Next Herbert Hoover?



Hoover is normally given the label as the laissez faire president who let the Great Depression happen without government interference. This is not the case. Herbert Hoover had denounced laissez faire and was a "progressive".
Via Wikipedia- These are the actions Hoover took
# Raised tariffs, in accordance with his election-year promise, by signing the Smoot-Hawley Tariff Act.
# Increased subsidies to the nation's farmers with the Agricultural Marketing Act.
# Signed the Emergency Relief and Construction Act, the nation's first Federal unemployment assistance.
# Increased public works spending. Some of Hoover's efforts to stimulate the economy through public works are as follows

"In order to pay for these and other government programs, Hoover agreed to one of the largest tax increases in American history."

Sound Familiar? Sounds exactly like something an Obama presidency would consider. Statist policies of tax hikes, protectionism, market-distorting subsides, and increased government spending. Obama is the most anti-business and anti-free trade in recent history. This has led Kyle-Ann Shiver to claim Obama as "To these rabid Marxist radicals, Obama is the One, because he’s probably their last chance to see socialism triumph on our own soil. They have grasped the reality of their own mortality." http://article.nationalreview.com/?q=NTNkNTU5MjE2MjUwNmQ2MWQ3YWRlYjhmNzQ4OTQyOGU=
This is based on the many endorsements and swooning from the old, radical left from the 60s and 70s.

Those who support Obama should explain how raising taxes and cutting off free trade benefits the economy (especially during a slowdown, though not quite recession). Based on policy prescriptions Obama is the reincarnation of Herbert Hoover and Jimmy Carter.

Replace Carter with Obama and choose Chavez, Ahmadinejad, Kim Jong Il, or Bashar al-Assad.
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From Last week's KSU Sentinel

Let’s Meet at Starbucks and Discuss Killing Capitalism

By Kevin Schmidt

 

            “Kill capitalism before It kills you”. That was the headline of many fliers posted around campus, and around the Social Science building. It was followed by facts on income inequality and certain readings that should be read like Marx and Engels (although I applaud whoever wrote in John Locke).

            Socialism means government ownership (instead of private) of the means of production. It has been implemented in many different ways. The Soviet Union used central planning (instead of market forces: supply and demand) to “plan” their economy, and Great Britain and much of Europe nationalized many of their large industries after World War II. The latter being dubbed the “mixed” economy.

            With the collapse of the Berlin Wall, many figured that communism/socialism would die out. From walking around campus this is not the case. Before the wall fell, many prominent economists and intellectuals also believed the Soviet system to be a success. In 1981, Nobel Laureate and MIT professor of economics Paul Samuelson said: “It is a vulgar mistake to think that most people in Eastern Europe are miserable”. Apparently abandoning their comfort, the East Germans rushed to West Germany when the wall fell, and Solidarity risked their lives in Poland to get rid of the Soviet-supported Communists.

            If Al Gore was talking about whether or not market economies are better than planned economies he would say: “the debate is over”. The 20th century has seen countries that have adopted a capitalist approach achieve political and economic freedom. Why hasn’t opening up to be more capitalist oriented (especially trade) killed China, Japan, South Korea, and Thailand as socialists would like you to believe? The fact of the matter is that free markets and trade have brought prosperity in terms of economic growth, employment, and a higher standard of living than those living under socialism.

            During the 1980s in Britain, Margaret Thatcher took Britain down the path of privatization of previously government owned sections of the economy. The coal industry was losing vast amounts of money and was barely surviving with 1.3 billion dollars of subsidies a year. Without privatization, the whole industry would have gone under, and possibly taken the economy with it. As with many government-run industries, it was costly, inefficient, and not observant of supply and demand.

Millions have difficulty getting a dentist in Britain. In fact, the BBC reported a story of a man pulling out his own teeth because lines went for blocks. He used vodka and pliers. Perhaps Britain is tougher because of these lines.

In India in 1991, The Hindustan Fertilizer Corporation had been open for twelve years. The only problem was the machinery that was bought for it when it opened never fit together. The workers had just been clocking in and not producing anything for twelve years.

In 2006 17% of Canadians didn’t have a primary care physician. Many have to wait for months for certain procedures, and end up the U.S. to get them.

In the mid 20th century, the Soviet Union allowed a tiny portion of arable land for private farming plots. Although tiny in comparison to the state run and collective farms, they produced 25 percent of the meat and 50 percent of the potatoes. The Soviet economy worked well for the military-industrial complex and the government, but did nothing for the standard of living for the average person.

If one is to look around the world now and find the poorest economies and places to live, many of them will or have been socialist countries. North Korea, Cuba, and Venezuela are all economically struggling with a large block of their populations living in poverty. Venezuela is the best out of the three because of oil prices, but the economy is beginning to crack.

When Deng Xiaoping proposed market based reforms to communist China he broke with Mao’s tradition by saying: “I have two choices," said Deng. "I can distribute poverty or I can distribute wealth."

Ronald Reagan described communism best in 1981 by saying: “we’ll dismiss it as a sad, bizarre chapter in human history whose last pages are now being written.” Only problem is that the socialists are stuck on the afterword of the book, refusing to close it for good. They cling to failed, “voodoo economics” because of perceived injustice. Their once highly regarded and followed theories have sunk; it’s only a matter of time before they go with them.

            Until then, they can sit in Starbucks talking about Marxism and materialism. There’s nothing like planning how to make the “workers of the world unite!” with a four dollar cup of coffee.

           

           

           

 

           

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For State and Local Government Class

Proposition 209:

The Death of Legal Affirmative Action in California

 

            The state of California brought the debate over affirmative action back to the national spotlight with Proposition 209. Proposition 209 was a California ballot initiative that abolished racial and gender preferences by amending Article I of the state Constitution. It specifically stated: “The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.” The only exceptions are court-approved consent decrees or federal programs requiring preferences as a condition of the grant. . Californians Against Discriminations and Preferences originally formed in 1994 to qualify Proposition 209 for the ballot. It was supported by then Governor Pete Wilson and Ward Connerly, the Chairman of the California Civil Rights Institute. The opponents include the ACLU of Southern California and the Feminist Majority among new groups that formed specifically to fight the Proposition. The objective of Proposition 209 was to end what proponents saw as “reverse discrimination” that required “costly bureaucracies to administer racial and gender discrimination” (Argument in Favor of Proposition 209). Affirmative action and the results of Proposition 209 are still being debated, which is why it is an important policy to analyze and evaluate.

            After the Civil Rights Act of 1964 and Voting Rights Act of 1965, civil rights leaders turned to affirmative action as a way to give underprivileged minorities what they perceived as a chance of social and economic equality (Dallek, 2001). Affirmative action found support from both President Johnson and Nixon, who both supported racial quotas. The support for affirmative action cemented itself by the beginning of the 1970s, and many institutions began instituting their own affirmative action programs. In 1978, the Supreme Court decision Bakke v. University of California permitted universities to “use race as a plus factor in admissions” and after it was noted that “affirmative action had become deeply entrenched in American society” (Dallek, 2001).

            It was not until the 1990s did affirmative action opponents lobby hard against affirmative action, and in 1995 the Regents of the University of California voted to stop using affirmative action in admissions and hiring. The opponents of affirmative action in California argued that “Government cannot work against discrimination if government itself discriminates” (Argument in Favor of Proposition 209), and that it was “an unfair government program that exacerbated an already large racial divide” (Dallek, 2001).

            Leading the charge for Proposition 209 was Ward Connerly. Connerly is the Chairman of the California Civil Rights Institute, and is one of the nation’s foremost opponents of racial preferences. A New York Times article described Connerly as “a millionaire businessman with the oratorical gallop of an evangelist, is the man who successfully led the challenge against California's racial bookkeeping” (Bearak, 1997). Proposition 209 was firmly opposed by Wade Henderson, the Executive Director of Leadership Conference on Civil Rights, and Karen Manelis, the President of California American Association of University Women. They argued that Proposition 209’s “real purpose is to eliminate affirmative action equal opportunity programs for qualified women and minorities including tutoring, outreach, and mentoring” and supporters were playing “the politics of division for their own political gain” (Rebuttal to Argument in Favor of Proposition 209).

            When debating about California’s affirmative action policies, neither side tried to compromise. The policy choices were either the status quo, or an abolition of affirmative action. They could have decided to allow a lower percentage of quotas for affirmative action in hiring and college recruitment, but both sides would only stick to their guns. The issue became increasingly partisan with the Presidential election coming. Bob Dole strongly supported it and Bill Clinton was against the ban on affirmative action. The GOP wished to use it as a wedge issue to gain votes, but instead polls show them hurting the Proposition’s chance of passing.  Ward Connerly, who led the charge for the proposition, said that if it were to fail, the GOP Chairman John Herrington would be responsible, because he turned it into a partisan issue. The San Francisco Chronicle reported that “A week before election day, 46 percent of likely voters support Proposition 209, while 41 percent oppose it -- a major shift from the double-digit leads the measure enjoyed over the past two months. Thirteen percent were undecided.” Democrats also oppose it 54%-32% and Republicans supported it 60%-30% (Gunnison, 1996). In the end, there would be no two party solution; one side would have to receive absolute victory.

               On November 5th of 1996, that is exactly what happened. For a year volunteers gathered signatures around California to get ballot Proposition 209 on the ballot, and it passed 54% to 46% with 4,736,180 votes to 3,986,196 votes. The day after the vote, the ACLU challenged it in the U.S. District Court in San Francisco, because they believed it to be unconstitutional. In response, the Pacific Legal Foundation filed suit for immediate implementation. Judge Thelton E. Henderson ruled Proposition 209 to go through further legal examination before implemented, because he believed it might be unconstitutional. 
               It wasn’t until August 22, 1997 that the 9th U.S. Circuit Court of Appeals cleared the way for the law to be implemented by refusing to grant a hearing to those who say the initiative is unconstitutional. The 9th Circuit said that the rehearing failed to achieve a majority of the 18 judges eligible to vote, although no vote total was released (Roman, 1997). The Proposition was finally adopted.

            A week later however, the Supreme Court refused an emergency request to block enforcement until a further review. The ACLU filed the request trying to get an extension of the appellate court’s decisions to hold implementation of the law until its constitutionality was reviewed. It was now up to Attorney General Dan Lungren to enforce the law statewide, while many cities and localities were planning on not changing their racial preferences. "We're going to stretch the envelope as far as we can and chip away at 209," said Nate Miley, city councilman and vice mayor of Oakland” (Morello, 1997).

San Jose scrapped its affirmative action ordinance and replaced it with a new “outreach” law requiring employers to show they solicited minority and female subcontractors with letters and faxes a month after the proposition was passed. In June of 1997, the new plan was challenged by a lawsuit from an electrical contractor who lost a $200,000 contract to a competitor who purchased materials from a woman (Morello, 1997). His case was picked up by the conservative Pacific Legal Foundation who vowed to start suing cities and localities that violate the ban on preferences.

In 2001, the Pacific Legal Foundation criticized Attorney General Bill Lockyer for refusing to enforce the law. Instead, the Foundation has been taking localities not abiding by the law to court, and winning most of the time.

            San Francisco has been publicly violating the law with its race- and sex-based public contracting program which it extended another five years in 2003. They have been losing court battles at the San Francisco Superior Court and First District Court of Appeal and now it will be reviewed the California’s State Supreme Court. It is currently a pending case for the California Supreme Court to decide this year.

            Supporters of the proposition knew they were going to have to monitor enforcement themselves and planned on having to file many lawsuits. Even over eleven years after its passage, the racial preferences haven’t been fully eliminated in California.

            When evaluating Proposition 209, the analysis is based on support or opposition to the bill. Opponents believe it has been a disaster, while supporters claim a success. Most of the controversy is over college admissions and enrollment, rather than state and local business contracts for these such as roads. Although, supporters believe money has been saved in comparison to federal contracts that use preferences.

            When looking at the admissions and enrollment numbers for the eight undergraduate colleges for the University of California, enrollment and admissions of minority students dropped from 1997 after the law took effect in 1998, but largely rebounded by 2007. For the purposes of researching the opportunity for college, admissions are more relevant than enrollment. In 1997, white students made up 42 percent of admissions, with African Americans at 4 percent, Asians at 26 percent, Latino/Chicano at 14 percent, and 13 percent other/unknown. The following year, whites dropped to 35 percent, African Americans to 3.2 percent Asians to 24 percent, Latinos/Chicanos to 13.4 percent, meanwhile other/unknown increased to 23 percent. By 2007, white students made up 36 percent, African Americans 4 percent, Asians 26 percent, Latinos/Chicanos 14 percent, and other/unknown 14 percent. The 6 percent drop in white student admission shows an increase in diversity by itself (President, 2008).

            The enrollment stats show a very similar story with minority students dropped off slightly in 1998 and rebounding by 2007. In 1997, white students were 39 percent of enrolled students, and by 2007 they were only 31 percent. In the same period Latinos/Chicanos increased from 13 percent to 17 percent and Asians from 29 percent to 33 percent. African Americans started at about 4 percent and ended around 3.7 percent (President, 2008).

            It seems that there was a consequence that nobody intended in that the colleges became more diverse, but from different ethnicities other than African Americans that are the main focus of racial preferences in public debate. Opponents predicted that whites would benefit from proposition 209, but it’s clear that is not the case. Regardless of the statistics, it remains clear that the battle over racial preferences in California is not over, and has a long road ahead.

            Researching this initiative was a perfect example of grassroots political action with activists gathering signatures to form the initiative. Influential groups such as Ward Connerly’s American Civil Rights Institute and the Pacific Legal Foundation clashed with the well-known American Civil Liberties Union. The courts showed their power by putting a hold on the proposition after its passage, before the 9th Circuit Court of Appeals refused to grant a hearing on its constitutionality, and Proposition 209 was implemented. The Pacific Legal Foundation is currently working on seven separate court cases related to enforcing Proposition 209.

The vote on Proposition 209 shows growing unrest by mass publics to affirmative action; meanwhile liberal bastions such as San Francisco show their devout commitment to it. The opinions and commentary on affirmative action and Proposition 209 show just how divisive the debate still is and will remain for years to come. Since 1996, it has become less a hot-button issue, but like many social issues, it has the chance of starting a riot when it comes to national attention. It cannot be much longer before it comes back to the spotlight.

 

 

 

 

 

 

 

Reference

Argument in Favor of Proposition 209. (n.d.). Retrieved March 31, 2008, from CA Secretary of State: http://vote96.sos.ca.gov/BP/209yesarg.htm

Bearak, B. (1997, July 27). Education. Retrieved March 31, 2008, from New York Times: http://query.nytimes.com/gst/fullpage.html?res=9C07E0DD153AF934A15754C0A961958260&sec

Dallek, M. (2001). Affirmative Action. In P. Boyer, The Oxford Guide to United States History (p. 10). New York: Oxford University Press.

Gunnison, R. B. (1996, October 30). Prop. 209 Lead Dwindles. Retrieved April 8, 2008, from SFGate: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/1996/10/30/MN23948.DTL&hw=proposition+209&sn=007&sc=653

Morello, C. (1997, November 17). Opponents chip away at PROP. 209. Retrieved April 9, 2008, from USA Today: http://proxy.kennesaw.edu:2101/us/lnacademic/results/docview/docview.do?risb=21_T3478429438&format=GNBFI&sort=BOOLEAN&startDocNo=626&resultsUrlKey=29_T3478363725&cisb=22_T3478429440&treeMax=true&treeWidth=0&csi=8213&docNo=645

President, U. O. (2008, January). University of California Application, Admissions, and Enrollment of California Resident Freshman. Retrieved April 9, 2008, from University of California Office of the President: http://www.ucop.edu/news/factsheets/Flowfrc_8907.pdf

Rebuttal to Argument in Favor of Proposition 209. (n.d.). Retrieved March 31, 2008, from CA Secretary of State: http://vote96.sos.ca.gov/BP/209yesrbt.htm

Roman, N. E. (1997, August 22). Calif. bias ban survives appeal. Retrieved April 9, 2008, from The Washington Times: http://proxy.kennesaw.edu:2101/us/lnacademic/results/docview/docview.do?risb=21_T3478281746&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T3468743640&cisb=22_T3478281749&treeMax=true&treeWidth=0&csi=8176&docNo=6

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From this week's KSU Sentinel

Running Out of Oil? Hardly

By Kevin Schmidt

 

                The conventional wisdom peddled by the media and the latest sociology conference on suburbia is that we are running out of oil, and a crisis is on the way. They point to the over $100 a barrel oil costs with a gallon of gas now costing consumers over $3. Many scream foul at the “record profits” of the big oil companies and some even want to “take away those profits” by force.

                This is nothing new. Since the 1960s, books and movies have been foretelling running out of oil in the near future.  So far, none have come close to the reality. A famous prediction was in a bet between economist Julian Simon and environmentalist Paul Ehrlich in 1980. Simon bet Ehrlich that none of the five resources Ehrlich picked over ten years would rise in real cost. Not only did the real cost not rise, all had declined along with the other resources Ehrlich thought would increase but didn’t bet on.

                But with the rise of economic powerhouses like China and India, how can I say we aren’t running out oil? Well first off, the oil recovery rate from reservoirs is typically 35%. A few decades ago it was only 20%. It’s amazing for people to tell us that we are running out of oil, when we only get 1/3 of the oil out of each reservoir. At current market prices, it is becoming profitable to research new ways to get more oil out of each reservoir.  Companies such as Chevron and Exxon are researching methods to allow them to extract as much as 80% of the oil.

                The Athabasca region in Alberta, Canada was not profitable to tap its 1.7 trillion to 2.5 trillion barrels of oil, because getting oil out of the sand is expensive and complicated. With the rise of oil prices, production has started.

                It’s true that some oil producers have been producing less oil than in past years, but it’s not because the oil is running dry. According to the Economist, “Mining and oil firms are struggling to increase output, partly because it takes years to develop new mines or oilfields, partly because shortages of equipment and labour are hampering expansion, and partly because governments in resource-rich countries are becoming ever more prone to jacking up royalties or expropriating resources. “ Some companies fear that oil producing countries will raise royalties or do what Hugo Chavez did to Exxon and ConocoPhillips and kick them out entirely by nationalizing the industry.

                Some theorists believe that we are nearing peak oil again. The only problem is every time we get close to peak oil, it’s realized that peak oil is a moving target. The New York Times describes it by noting: “As the industry improves its ability to draw new life from old wells and expands its forays into ever-deeper corners of the globe, it is providing a strong rebuttal in the long-running debate over when the world might run out of oil”.

                All of the talk about the billions in profits for these oil companies is bunk. It is only profit margins that matter. The profit margins of oil companies are less than those in banking, computers, and some household goods. There is no empirical evidence of price fixing or “gouging”. The U.S. oil companies have especially less influence on the price of gas considering state-run oil companies own most of the world’s oil.

                Does this mean we shouldn’t try to find alternative energy sources and do more to conserve energy? Of course not. But first we should take advantage of all of the opportunities to drill our own oil. Places like Anwar in Alaska and off the coasts of Florida and California hold so much potential oil, but environmentalists and people don’t want it in their backyard (NIMBY) block our energy independence. We can’t drill in Anwar just in case some environmentalists want go there and see it someday. Instead we should buy oil from countries who don’t care about the environment like Russia and Nigeria. So while Anwar remains pristine, the world environment suffers when more oil is demanded of countries that don’t take care of the environment. U.S. oil drilling would be far more environmentally friendly and the companies would be monitored and held accountable.

                Theorists are wrong about oil. Have been for years and will be for the foreseeable future. Oil is as abundant as their hot air. 

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Iraq and Terrorism

Iraq and Terrorism: The Ties that Bind

By Kevin Schmidt

 

            On March 13, the Pentagon released a study of Iraq and its ties to terrorism before the 2003 invasion called “Saddam and Terrorism: Emerging Insights from Captured Iraqi Documents.” ABC News quickly took a part of the executive summary which reads: “This study found no "smoking gun" (i.e., direct connection) between Saddam's Iraq and al Qaeda.” Seemingly without reading the whole report, they released a story titled: “Report Shows No Link Between Saddam and al Qaeda.” Upon reading the whole report, the evidence points in a much different direction.

            The report “uncovered strong evidence that links the regime of Saddam Hussein to regional and global terrorism.” The Iraqi regime supported or had connections to Fatah, Palestine Liberation Front, Renewal and Jihad Organization, Force 17, Islamic Ulama Group, the Afghani Islamic Party, and the Egyptian Islamic Jihad.

            The last group is the smoking gun. The Egyptian Islamic Jihad has been lead by Ayman al-Zawahiri since 1991. You might recognize his name as the current number two in Al Qaeda to Bin Laden. The two groups merged in June of 2001, and the Islamic Jihad is now considered synonymous with Al Qaeda.

            Two quotes from the report show Saddam’s link to al Qaeda affiliated terrorists: “Captured documents reveal that the regime was willing to co-opt or support organizations it knew to be part of al Qaeda-as long as that organization's near-term goals supported Saddam's long term vision.”

 “Saddam supported groups that either associated directly with al Qaeda (such as the Egyptian Islamic Jihad, led at one time by bin Laden's deputy, Ayman al-Zawahiri) or that generally shared al Qaeda's stated goals and objectives.”

Considering this evidence, how irresponsible is it for these media outlets to claim there was no connection? It’s obvious that they either didn’t read the report, don’t know about the complexity of terrorist groups, or both. One can imagine that as soon as they read that line in the summary, they didn’t need to read any more and ran their stories.

The report also mapped out how Saddam supported terrorist groups that were “willing to target not only Western interests but also to directly attack Americans.” Groups such as Hamas and National Sri Lankan Socialist Student Union gave their full fledged support to Saddam and offered to attack American interests around the world. The report cited “Two other documents present evidence of logistical preparation for terrorist operations in other nations, including those in the West.”

The intentions of both Saddam and Bin Laden are shown to both have grand visions for the Arab world. Saddam wanted to create a “Ba'athist pan-Arab socialist super-state with Iraq at its center.”, meanwhile Bin Laden craved a “jihad that would one day topple all apostate governments, unite all Muslims, and finally restore the caliphate.” The caliphate is one of the most forgotten goals for much of radical Islam, because of being drowned out by the “they attack us because we are over there”. Although it is true that our presence in the Middle East was an irritant to Bin Laden and others, the big picture is much more complicated and the caliphate is a major part of that.

            These different visions were incredibly “parallel”, and eventually the two found a common enemy in the United States. Both movements (Arab nationalist and Islamic) recruited from the same demographic and espoused rhetoric of the glorious past of the Middle East, Arabs, and Islam. These groups did not find themselves in the same “group”, but did find that their common interests made connecting and collaborating beneficial. The report amplified that by noting: “Common interests, even without common cause, increased the aggregate terror threat.”

The overwhelming evidence of the Pentagon reports shows Saddam not only as a ruthless, authoritarian, and genocidal dictator, but as a state sponsor of terror that used groups that would help its strategic interests and attack common enemies. These groups eventually included the Egyptian Islamic Jihad, which was combined with Al Qaeda in 2001. This doesn’t show that Iraq had anything to do with September 11 (although it can be sure they welcomed it), but it does show that Iraq did have a connection Al Qaeda. Saddam was a threat in many more ways than one. Middle East stability and the end of terrorism could never be achieved without his disposition. Whether or not our strategy was the way to do it will be up to debate for years to come, but this report shows how much more dangerous Saddam’s connections to terrorism actually were.

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The Eloquence of Dishonesty

The Eloquence of Dishonesty

By Kevin Schmidt

 

            Barack Obama made a speech on race last week that has been called “brilliant”, “a landmark speech”, and “momentous and edifying”. I thought it was a well written, beautifully delivered, but completely intellectually dishonest. For the matter of race relations, the speech was perfect, except it attempted to distance himself from his pastor, while still remaining close to his pastor. It tried to apologize, without really apologizing. It proved that much of his past remarks, where just outright lies.

                According to ABC News, Obama said the only controversial things about Rev. Wright “was his stand on issues relating to Africa, abortion and gay marriage.” He added, "I don't think my church is actually particularly controversial." When responding to the ABC News broadcast of Rev. Wright’s controversial sermons, he claimed that “he had never heard his pastor of 20 years make any comments that were anti-U.S. until the tape was played on air.” His speech tells a much different story. He said, “Did I ever hear him make remarks that could be considered controversial while I sat in church? Yes.”

                When talking about disowning Rev. Wright, he responded by saying “I can no more disown him than I can disown the black community. I can no more disown him than I can my white grandmother - a woman who helped raise me, a woman who sacrificed again and again for me” adding that his grandmother had “has uttered racial or ethnic stereotypes that made me cringe.” There is a massive distinction between his grandmother and his pastor. You can’t choose your grandmother. You can choose your church and your pastor. You aren’t forced to go to a church that believes the government created HIV, calls the U.S. that US of KKKA, or called 9/11 “the chickens coming home to roost”. You don’t have to have that same pastor preside over your marriage or baptize both of your children.

                Obama said he strongly disagreed with those statements, and those he heard while in the pews. But what did he tell his two young daughters about those statements, and why everyone in the church was standing and applauding those vicious statements. Did he sit in his seat and just stay silent while everyone clapped and yelled in agreement? How can you be for healing racial divisions, when you go to a blatantly racist (not to mention anti-American) church? It shows deeply on Obama’s character that he just now denounced these remarks, because he knew his pastor had said before. It was only when his campaign and political aspirations where in trouble did he decide it was necessary.

                Obama has known about his pastor’s radical and racist sermons since before his campaign began. He disinvited Wright from his presidential announcement, telling him “You can get kind of rough in the sermons, so what we’ve decided is that it’s best for you not to be out there in public.”

                To further his hypocrisy, Obama called for Don Imus’ firing in 2007 over racially charged remarks. "I understand MSNBC has suspended Mr. Imus," Obama told ABC News, "but I would also say that there's nobody on my staff who would still be working for me if they made a comment like that about anybody of any ethnic group. And I would hope that NBC ends up having that same attitude." Apparently, that doesn’t include your so called “moral compass” and according to the Chicago Tribune in 2007, the senator does check with his pastor before making any bold political moves.

                It’s amazing how just making an eloquent speech will get you off the hook in much of the media. Obama avoided the real issue he was supposed to put to rest. He did a good job on certain parts of race-relations, but it’s all for nothing when he still goes to a racist church and doesn’t completely disown his radical pastor. He used his grandmother (who is still alive) to compare to his pastor. He lied and spun his way through this controversy up until this speech, but his eloquent delivery can’t save him from past dishonesty.

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For next weeks newspaper

He’s No Messiah

By Kevin Schmidt

 

          

  He promises “change we can believe in”, “a new kind of politics”, “politics of hope”, “a principle bipartisanship” and tells us “yes we can!” He’s the first (half) black candidate to have a serious chance at winning the Presidency. He’s young, fresh, energetic, and can give a rousing speech. His speeches move supporters to tears and leads them to call out, “I love you Obama!”. To which he calmly replies, “You know I love you too”. This “movement” has caused many to look at him as the “messiah” and one supporter even made a sculpture of him in garb traditionally reserved for Jesus (halo included). Obama’s campaign brings the “likeability” factor to new heights. All of this worship for a politician who has spent a mere four years in the Senate, with the past one and half mostly campaigning.  But has he been the agent of change, bipartisan messiah, and part of the “politics of hope” until now?

            In 2004 after winning his Senate seat, Obama was asked whether or not he would think about running on a national ticket. He responded by saying, “I am believer in knowing what you are doing when you apply for a job. I think that if I were to seriously consider running on a national ticket I would have to start now, without serving a day in the Senate." Who knew that two and a half years in the Senate would give you so much insight for the Presidency?

            A day after his famed 2004 speech at the Democratic Convention, the Christian-Science Monitor reported him saying

that the United States had an "absolute obligation" to remain in Iraq long enough to make it a success.  "The failure of the Iraqi state would be a disaster," and “"It would dishonor the 900-plus men and women who have already died. . . . It would be a betrayal of the promise that we made to the Iraqi people, and it would be hugely destabilizing from a national security perspective." This, among many quotes, shows how far he wavers on the largest issue of the election. I guess he does represent change.

                How can you be a “new” kind of politician when you act just like the rest? Obama (along with Clinton) have joined up with Senator Demint and McCain in co-sponsoring a bill to put a one year moratorium on earmarks. The AP reports that “Obama joined with other lawmakers last year to obtain almost $100 million worth of earmarks for Illinois.” Any guesses why he’s now against earmarks?

                In September of 2007, Obama said he would agree to public financing for the general election. Now his campaign denies that he ever committed to the idea. Can’t blame a guy who raises millions right?

                When Obama takes about bipartisanship in the Senate, he means taking on easy issues everyone already agrees on, rather than taking a hard issue that might be unpopular with his base. His website talks about his joining with Richard Lugar to “to help the United States and our allies detect and stop the smuggling of weapons of mass destruction throughout the world.” I’m sure that was hard to pass. It’s his partisanship and the most liberal voting record in the Senate by National Journal that stands out.

                His ideas aren’t new in any sense. They are the same populist, big government solutions that bring back memories of William Jennings Bryan, than a moderate uniter. His “talking to those who don’t like us” has been done before by Carter and Clinton. Its track record is iffy at best. Yasser Arafat threw Clinton’s attempt at a peace treaty between the Palestinians and the Israelis back in his face after countless hours of work and personal meetings. 

                I know what you’re saying. So what? I still like his speeches. Just don’t be surprised when you find out he’s just a business as usual politician. I’ll be there to say I told you so.

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