Diary

REPEAL Part II, Nullification Part II Civil Disobedience Part I

(Sorry, this couldn’t wait until next week.)

If you haven’t been paying attention, the newly signed Financial “Reform” Act will create ten times more regulatory agencies than the entire New Deal under FDR, even more than the agencies created by the Health Care “Reform” Act.

As we warned here, and have already seen with Obamacare, new agencies and other rule-making bodies are already being spit out like watermelon seeds long before the painful tax provisions to pay for them will go into effect. Where’s the money coming from? Stimulus, most likely, for indeed, hundreds of new jobs will be created right away…thousands later…in this new incubator. And the same will happen shortly with Financial Reform, those rules on the drawing table for a long time already. Expect these agencies and their rules to also be fast-tracked, including waivers or circumventions of normal waiting, notice and hearing provisions. for it will be important that they be up and running before what may be an entirely different Congress in January, 2011.

If ever a sense of urgency needed to be passed over to the People, all the People, everywhere, it is now, for while history showed with FDR, (1933-1940) it takes about 7-8 years (a bureaucratic half-generation) to cement a bureaucracy into place and to weave it so tightly into the fabric of government that its undoing will be portrayed as catastrophic, this Administration knows this must all be done by February…inside one year!. (They may not know how to plug a damned hole, but they know this stuff.) So expect thousands of new jobs to be created in those “new” sectors by then and the tentacles of new regulation running virtually every aspect of our personal lives. It’s happening now, with only one objective…and that is be like a barnacle on the national skin by February.

Then, a lame duck session of Congress can be expected to try to add even more legislation on Cap and Trade, Card Check and Immigration Amnesty, but with less a view toward sweeping historic legislation but the more subtle expansion of rule-making powers in the executive. These will be the final nails on freedom’s coffin. Or so they plan, knowing that all we can do is pass out pitchforks and 1 1/2″ x 30′ sections of rope, and pray that God will perform several miraculous addidictomies to the lame duck Republicans in that session, for what the people will want to see will be wrath, not measured and paced platitudes.

Now, after Health Care passed, the watchword among stalwart Republicans, even the Maine blueberry muffins, (who all voted against it, to a man), was “Repeal”. But now, only five months later, that word has become about as hollow as “Build the Fence, Dammit” or “Drill, Baby Drill.” GOP leadership in both houses have started speaking in “Fix it” terms, already knowing that their fix will be no more appealing to the mood of the people, or the states, or the Constitution, than the law now being questioned before the courts.

At this point we really do believe they really don’t get it.  The President and the Democrat leadership speak of the GOP as so many mangy dogs, racists, the tools of the rich, and yet they stand before us every day, with that deer-in-the-headlight look and proceed to discuss these issues as if giving an Business Admin 301 oral exam on Taxation and Public Policy; with no indignation, no moral dudgeon, no fire in the eyes, no drool out of the corner of the mouth, no snot bubbles, no “so’s your ol’ lady!” At least Bob Dole had a reason for keeping his arm to his side instead of taking a verbal swing at his persecutors. “Just once, act pissed off!”, we’ve all yelled at the television screen.

No matter, we can’t rely on this bunch for much of anything it seems. As Rush Limbaugh recently discovered (about time, and which we at RS have known for the longest time) the GOP leadership is part of the same “Ruling Class” mentality (a must print and read) as the Democrats, and as much as they really don’t like being called mangy dogs, they still would rather get a call to fill out a foursome with Harry and some friends at National than see the GOP turned over to a mob of America-loving, Constitution-hugging citizens who actually believe all that free citizen stuff. I even defended Mitch on this account once. Someone told me Mitch kissed Harry Reid’s arse and howled at the moon, and I disagreed violently. I told the prevaricator Mitch hardly ever went out at night.

The New Congress

Everyone already knows that “Repeal” is indeed a hollow word when the President can veto any repeal for the last two years of his term, and while we have a shot at taking back the Senate, a 60-40 switch seems far-fetched for an override. But it is in the sole purview of the House, and those wascally new wepublicans, headed I hope by some good men like Dan Benishek, but with a mean look in their eyes and a jaw so squared you could slice cheese with it, (instead of current the deal cutters) to de-fund those programs. The one thing Obama can’t do (without showing his true nature) is to wave his magic wand and produce a paycheck and car payment for all those GS-10 thru 15 regulators who just inked a contract on that new Beamer and that brownstone in Georgetown. (What fun that will be.)

The Courts

The Court may yet pull Obamacare out of the fire…into the frying pan of history. This can happen in a number of ways, incrementally or in the sweeping “get outta here” fashion, we’d all like to see. “Back to the drawing board” would be very nice words to my ears, with a reconfigured Congress. My only advice is to Roberts, Scalia, Alioto and Thomas, please stay off the ski slopes this winter and away from any precipitous ledges, and to Justice Kennedy, hire a food taster.

The States

I’ve used the term “nullification” here before in a sense that it was not originally argued in the 1830’s. Sen Calhoun argued that the original signatory states to the Constitution could withdraw, or secede from this union. An interesting academic argument, I agree with Neil Stevens, that, at the cost of over 600,000 lives, in the case of Davis v Lincoln, it was decided they could not. I agree…with the caveat that I will withhold a later opinion should God, in His Infinite wisdom, decide to cause Nature to cast California into the sea. (I still own some nice beach front property around Yuma, just east of the fault line, so am not entirely a disinterested party. As the Muslims say, “Insha’allah.”)

But I do hold, in fact, believe it may be necessary to keep the union intact, that the states are entitled, by a kind of force majeure to insist, that if the federal government wishes to impose rules over the peoples of their states that are against their own laws and general purposes, to impose those rules by force, until the most senior of courts decide otherwise. This is called a holding action, and can be used politically just as it was by the Marines at inchon, when they advanced to rear.

Make them send in the troops and see which way the wind blows. And they will bring up Ike. Now Ike did that in Little Rock in ’56, and thank God, we never had to find out whether it was a bluff or not…the National Guard versus the Arkansas State Police. But there’s a little known discipline in the behavioral sciences called ‘ethology’ which in part deals with the instinctive inability of animals (people), even of superior force, to fight or defend with maximum intensity when they instinctively know they are in the wrong.

What we don’t know here is how that same situation would play out when the people involved instinctively know they are in the right. When Good stands up to Evil, Evil blinks. (Right Lady P?, and thanks for making me famous.) We actually saw it at Tian-an-Men Square when the original legions of PLA troops wouldn’t pull the trigger on the demonstrators and they waited a few days until they could bring in a division of non-Han people  (Hessians anyone?) to finally dispatch the demonstrators. And dispatch them they did.

Obama ain’t got his Hessians. Yet.

Civil Disobedience I

I haven’t worked all this out yet, and in fact, plan to talk to some folks in Vegas about it, as it seems to me, since Lee Atwater died, the GOP really hasn’t had an activist wing, and I know some people who are really good at it. Maybe we really need a resurgent de facto Activist Wing of the GOP, without their cachet or approval of course.  But I think in some states at least, we can help make the environment easier to “Just say No” to federal regulation in many cases. OK, then, sue me.

I was never of the Left, but was a liberal, and well known in the environmental movement at the time. I watched the Sierra Club and Audubon Society go from a bunch of trail hikers, a la John Muir, and birdwatchers everywhere to a bunch of lawyers, with only one line on their lips, “Sue the bastards.”

Want to get rid of them? Sue them back, and I hope the Right will adopt some of their tactics, for as quick as wink, the trial lawyers’ greatest nemesis, Loser Pays, will be de rigueur when we start beating them in court.

Let me think on this more, but I gotta pack. More later. But yes, there are all sorts of ways ordinary citizens and businesses, even larger corporations, can “Just say No” and beat the snot out of these guys…with their own club.

But first things first…what I want most is for the new Congress to limit Lindsay (the Cockroach) Graham to a chauffeur driven two-seater scooter (a scooter for Scooter) to and fro work.

With a new Congress, all things are possible. More later