It’s About Damned Time!

After decades of bringing a plastic toy bat to a gunfight, the GOP – that party with an uncanny record of snatching defeat from the jaws of victory – finally grew some gonads and “went nuclear” on the confirmation process for Judge Neil Gorsuch.

It’s about damned time!

The result is that Gorsuch has taken his rightful place on the bench at the US Supreme Court (SCOTUS).

We’ve all heard the incessant bleating from the left. “It’s a stolen seat! It should be Merrick Garland’s! Senate rules! Tradition!” Blah, blah, ad nauseum, ad infinitum.

I, for one, couldn’t care less about their whining. In fact, in all honesty, I’m absolutely reveling in it! Because the time finally came when they had to pay the piper, and they didn’t like it one little bit. They’re squealing like stuck pigs. Good!

For decades, for purely political purposes, they changed rules, and moved the goalposts, at will. They counted on the GOP to consider themselves to be above such “petty” political games when they were themselves in power, and for the most part they’ve been right… up to now. The GOP was indeed stupid enough to keep letting them get away with it while refusing to resort to the same tactics themselves.

This kind of cynical, manipulative behavior goes all the way back to FDR, who threatened to “pack” the Supreme Court with like-minded leftist judges who’d back his socialist programs, and when the GOP legislators chickened out and backed off, the stage was set.

When Reagan nominated Robert Bork, a superbly qualified originalist jurist, to SCOTUS the scurrilous attacks on his character, ironically led by Ted Kennedy – the “Lion of the Senate” who was apparently taking a break from molesting and drowning young interns at the time – were so outrageous that Bork ended up withdrawing from consideration. The episode was so shameful it even led to the coining of the term “borking” for subjecting nominees to irrational and unreasonable political attacks.

When Bush I nominated Clarence Thomas to SCOTUS Senate Dems tried, unsuccessfully, to “bork” him with the infamous Anita Hill slander. When Bush II nominated Samuel Alito Senate Dems tried unsuccessfully to filibuster his appointment. They did successfully block Bush II’s nominee to the DC Circuit, Miguel Estrada, using a filibuster.

Yet when the shoe has been on the other foot, Dem/socialist nominees have sailed through to an easy confirmation, in spite of their political bent, with little to no GOP opposition, die-hard doctrinaire leftist Ruth Bader Ginsburg being a classic example. A Carter appointment, she was confirmed in the Senate by a vote of 96 to 3. Breyer was confirmed 87 to 9; Kagan by 63 to 37; and Sotomayor by 67 to 29.

When Bush I was president then-Senator Joe Biden – who was at the time chairman of the Senate Judiciary Committee – said he would block any Bush nominee to SCOTUS that may occur in an election year. So much for the “stolen seat” of Merrick Garland, since all the Senate GOPers did during the last year of Obama’s term was follow that very same “Biden Rule”.

And when Obama was president the ever-despicable Harry Reid, Senate Majority Leader at the time, used the so-called “nuclear option” to eliminate the filibuster option for all judicial appointments other than to SCOTUS, thereby ensuring that Obama was able to load the lower-level Circuit Court system with activist leftist jurists. The truth is in the numbers: at the end of Bush II’s term ten of thirteen circuit courts had majorities nominated by Republican presidents. But as of now, nine of them have majorities nominated by Democrat presidents. In other words, the situation reversed by almost 180 degrees during Obama’s time in office.

There’s nothing in the Constitution that requires anything other than a simple majority for the Senate to act. As it’s been used on judicial appointments, in reality it’s been a tyranny of the minority exploited by the Dem/socialists to pack the court system, right up to and including SCOTUS, with activists more concerned with advancing a “social justice” agenda than with ensuring that proper legal and constitutional principles are observed.

Thus the irony is so thick it can be cut with a knife when Mitch McConnell and the other Senate Republicans used the Democrats’ own traditional strategy, the “nuclear option”, to ensure Gorsuch’s ascension to a seat on SCOTUS. It’s why the wailing and bleating of the left is music to my ears.

Their own chickens have come home to roost.

 

 

©Brian Baker 2017

(Also published today in my local newspaper: The Signal)

Political Finger-Painting

On April 5th The Signal published a column by Gary Horton entitled “America Has A Complex Complex” which brought a memory to mind for me.

When my daughter was a little girl she’d do finger-paintings for me. She’d sit at the table and smear random colors all over a piece of paper, and then turn to me.

“Look, Daddy”, she’d say proudly. “A sunrise!”

Of course, all I could see was paint smeared randomly all over the page.

That’s what we have with this Horton column: a little kid’s finger-painting of what’s wrong with America. It makes no sense to the person reading it. Only in the mind of the “artist” who created it do any of the shapes or colors coalesce into a meaningful whole, as they’re randomly selected and applied.

Horton’s painting of an “industrial-congressional-complex” makes as much sense as my daughter’s finger-painting of a “sunrise”, meaning none. It’s a very pretty picture, quite colorful, but not at all representative of anything in the real world.

He’s taken disparate elements of our society which he considers flaws or shortcomings in its fabric and tried to tie them together into a neat package of cause and effect. But the fatal mistake in this approach is that it ignores the benefits that derive from that very same system.

We live in a society unique in the world, with freedoms and liberty, guaranteed in our Constitution, that are unparalleled anywhere. We’ve also – whether willingly or not – been forced to assume the mantle of being the defender of those freedoms on a global scale, both for ourselves and our allies.

There are costs, both overt and hidden, that accrue to those kinds of benefits and responsibilities. That’s just the way the world works.

I know Horton, and those like him, have a utopian vision of how they think things should be. I’ve been active in politics for about five decades, and have been debating these issues for all of that time. But utopia doesn’t exist, and never will. That’s just a fact.

Any society with freedoms such as ours is going to be a messy place. Open debate, electoral politics, federalism, equal access of competing interests, free-market economics, free speech, property rights, individual responsibility, open competition… these are all concepts that, when put in practice, will naturally lead to uneven results.

Equality of outcome can only be assured by the imposition of tyranny.

So… which system would you prefer?

 

(Also published today in my local newspaper, The Signal)

 

Who’s To Blame for the Failure of the Healthcare Reform Bill?

 

 

On March 29th The Signal published a column by Gary Horton entitled “What’s next after health care”.

This absurd column was full of hyperbole and hysteria, with a lot of ad hominem thrashing about thrown in for good measure. A return to his old “style”.

That’s a shame, too, because his last few columns were pretty good. But those were on the topic of Measure H, on which he took an actual “conservative” position, so maybe what we’re seeing here is an illustration of how conservatism is easy to support rationally, while socialism needs wild-eyed ranting to seek its justification.

As to the latest healthcare debacle, there’s a lot more blame to go around than just facilely throwing it at Trump, though I’m sure he’s the bogeyman Horton likes to target. House GOPers have had over 6 years to come up with a viable plan, something that actually made sense and included realistic elements that would address the free-market shortcoming of the current wealth redistribution scheme in place. The “Ryan plan” was a non-starter from the jump; in reality just a place-holder they could point at when asking for votes in the past elections.

Now that they finally had both chambers of Congress and the White House, to have seriously rolled out that tired piece of garbage as their offering was stupid beyond belief. There was no way it was ever going to be passed, as bad as it was. It was hardly better at all than Obamacare. What would have been the point?

They should have taken their time and crafted something that actually would have repealed and replaced Obamacare, not just tinkered with it a little bit. And Trump’s biggest failure was in not making them do exactly that. Maybe due to his own political inexperience, I don’t know.

As I’ve written before, we need to get government out of the healthcare and insurance equation. Government is the problem, not the solution.

 

(Also published today in The Signal)

Naked Judicial Activism and Overreach

On March 15th, for the second time, a federal district judge – this time in Hawaii – issued an injunction against President Trump’s executive order restricting immigration from several specific countries. U.S. District Judge Derrick Watson, in the case of State of Hawai’I and Ismail Elshikh v. Donald J. Trump, had the temerity to order that “Enforcement of these provisions in all places, including the United States, at all United States borders and ports of entry, and in the issuance of visas is prohibited, pending further orders from this Court.” In other words, this judge in the district of Hawaii issued a restraining order that supposedly has nationwide enforceability.

The only problem is, he has no authority to do so.

Article III of the US Constitution establishes the Judiciary, and defines its powers, authority and limitations. Section 2, Paragraph 2 clearly states that: “In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.”

What that means is that, barring a constitutional amendment, any case in which a state is a party must be heard by the Supreme Court, the only court with the authority and jurisdiction to hear such cases. Since one of the plaintiffs in the case at issue is the state of Hawaii, District Judge Watson had no jurisdiction, nor authority, to even hear the case. The same holds true for the several other District Courts that have heard and/or issued rulings on cases of like kind.

That paragraph goes on to state that: “In all the other Cases before mentioned (in Paragraph 1), the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.” Under that authority Congress went on to enact the Judiciary Acts of 1789, 1801, 1865, and 1925. These various Acts established the judicial system we have today, consisting of nine Supreme Court Justices, the various Circuit Courts of Appeal, the various District Courts, and their various jurisdictions, responsibilities and powers.

Part of that structuring defined court power to establish that the only court with national jurisdiction is the Supreme Court. For example, any ruling handed down by the Ninth Circuit Court only has enforcement power within the geographical boundaries of that Circuit, which are the nine Western states, including California. That’s why it’s not unusual to see different Circuits hand down conflicting rulings on the same issue, with the Supreme Court then stepping in to address and resolve the conflict by issuing a determinate ruling with national authority, thereby assuring a consistent application and rule of law across the nation.

The geographical jurisdictional and enforcement power of a District court is even smaller, as it’s a subset of the Circuit Court. So, just as the authority of a ruling by a Circuit Court is constrained by its geographical boundaries, so is the authority of a District Court’s ruling constrained to its own.

From this it’s easy to see that, in addition to hearing a case over which he had no jurisdiction, District Judge Watson issued a ruling and restraining order that he unlawfully attempts to apply outside the geographical borders of his own limited authority.

This is beyond unacceptable; it’s a repugnant attempt to usurp and arrogate power.

Were I Trump I’d instruct the State Department and other involved agencies to ignore these illegal rulings by this, and other, District judges who have far overstepped their legal authority. If these tin pot local judges want to set up a confrontation between the Judiciary and the Executive branches, then let’s bring it on.

Thomas Jefferson expressed his concern that the federal judiciary was potentially “the most dangerous branch” of government because, once seated, judges were installed for life and not accountable to the electorate. Unfortunately, particularly in recent decades, we’ve been seeing those fears realized as arrogant activist judges have taken to regularly exceeding their authority in order to facilitate their own political agendas, as facilitated by the cynical practice of “judge shopping” by litigants eager to promote and achieve their own political ends, goals they generally can’t achieve through the regular political process.

This must come to a halt, even if that has to be done through a constitutional confrontation.

 

 

 

©Brian Baker 2017

(Also published today in my local newspaper, The Signal)

Repealing Obamacare

(The following was published today by my local newspaper, The Signal, as an opinion piece on 15 March 2017)

 

In the Weekender edition of The Signal published March 10th was an editorial by Jim de Bree entitled “Long road to fixing Obamacare”. Unfortunately, I think his column is very far off the mark.

The first clue: his use of the term “level playing field”. Every time I hear that nonsense, I know I’m about to be hit with some Big Government socialist scheme that usually involves wealth redistribution, and government interference in this arena is a perfect example.

What Jim doesn’t seem to accept is that government isn’t the solution to the problem; government IS the problem.

We need to get the government OUT of the health insurance field altogether. The Constitution guarantees equality of opportunity, not of outcome, so the government has no legitimate role to play in “leveling the playing field” while interfering with free-market solutions to the problem as would be realized by competitive product availability, as well as private philanthropic and charitable activities.

I’ve said it before and I’ll say it again. There are three simple steps to addressing the problems in this arena:

  1. Remove the barriers to interstate sales of health insurance products. Free market product competition will, by its very nature, lower prices and increase choice options for consumers.
  2. Streamline the FDA drug approval process. It can currently cost upwards of a billion dollars to bring a new drug to market, or a medical procedure to accepted practice.
  3. Institute major medical tort reform to eliminate the need for the practice of “defensive medicine”. Patients are often subjected to unnecessary testing and other procedures their doctors require simply in an effort to indemnify themselves from potential future lawsuits. Defensive medicine is a significant cost multiplier.

Do those three simple things and we’ll see healthcare and related costs stop their spiraling ascent, and return those costs to an actual basis reflecting real needs and usage as determined by free market principles.

Socialized medicine, under whatever guise, is NOT the answer.

 

Still Searching For A Solution to Homelessness

(The following was published today as a Guest Column in my local newspaper, The Signal: https://signalscv.com/2017/03/09/brian-baker-still-searching-solution-homelessness/#comment-3196757063)

On March 8 The Signal published a column by Gary Horton entitled “Deciding to decisively end homelessness.”

It seems that Gary and I agree on this issue, and I’m sure that blows his mind as much as it does mine.

In his column he called Measure H a “boondoggle of epic proportions,” and I’m right there with him. He also states, “We’ve got to have the backbone to declare homelessness plainly unacceptable and even ‘illegal.’”

The problem, as I pointed out in my own column urging a “no” vote on Measure H, is that the measures that used to be in place to combat homelessness – and they were pretty effective – were deemed decades ago to be violations of the rights of homeless people to self-determination and autonomy.

The “declare it illegal” strategy, as effective as it was, was nullified. That ship has sailed.

I actually believe that was proper, because if one class of people can have their rights taken away based solely on their economic status, none of us is safe.

Gary speaks of “zoning to allow both government and private enterprise to build affordable, or even free, housing,’ and maybe there’s a partial answer there.

But that has to be done in a realistic manner, putting aside the pie-in-the-sky approach so many bleeding hearts want to impose by forcing “affordable” housing into existing or developing communities in which such housing isn’t a natural fit with the rest of that community.

Sticking Section Eight or other “affordable” housing units in the middle of a planned gated community, for example, isn’t going to work, on many levels, and it also unfairly penalizes property owners who will suffer loss of the value of their homes when such units are dropped in their midst like meteorites falling from the sky.

Yes, areas can be specifically zoned for such housing, but then we have to accept that we’re just creating more “projects,” like Nickerson Gardens in Los Angeles and other such disaster areas.

And that still doesn’t address the unfortunate fact that, unlike in the movies, you can build it and a lot of people still won’t come.

It doesn’t acknowledge the reality that some homeless choose to be so, or are unable to live in such units due to mental deficiency or substance abuse, and simply won’t avail themselves of such accommodations.

So it seems he and I agree on the nature of the problem, and the fact that Measure H is going to be less than useless in actually “solving” it, but differ on what can actually be done about it.

Gary said he’s going to make some proposals in an upcoming column, and I’m eager to see what he proposes.

Frankly, I don’t see an actual solution that’s practical and legal.

 

 

FLHHC

FLHHC? What the heck is Baker babbling about now, right?

Well, my friends, that’s an acronym. It stands for:

Facts,

Logic,

History,

Human nature, and the

Constitution.

Those are the five things non-conservatives – of any party – have to be able to ignore in order to advance their arguments.

In my experience, any argument on any political topic that observes those five precepts will end up, by definition, being truly “conservative” in nature. In contrast, any argument advanced by leftists to support their position on a topic will by necessity have to ignore at least one, and generally several (if not all), of those elements.

Try it out for yourself. Have some fun with it. I think you’ll find it’s a very accurate litmus test, and once you do you can use it when you’re debating your not-so-conservative friends to hopefully show them the error of their ways.

Remember: FLHHC.

 

 

©Brian Baker 2017

 

 

#Calexit To Nowhere

calexit-2

 

It’s official. The Electoral College has spoken. Donald Trump is the President-Elect of these United States of America. Those last four words are important, because they describe the nature of this country: individual states united into a nation.

But to hear the hysterical left carry on about it, you certainly wouldn’t know it.

In my last three columns I discussed how unglued they’ve become since Trump’s Trumanesque victory over Clinton, and I thought I was done with the subject. Well, it turns out that just when I thought they couldn’t get any crazier they went ahead and proved me wrong.

Have you heard of #calexit? It seems that there’s a contingent here in this state that wants to collectively and figuratively stamp their feet in frustration, take their ball, and go home.calexit By that, I mean they want this state to secede from the Union. The word “calexit” is obviously fashioned after the term “brexit” which resulted in the start of the withdrawal of Britain from the European Union. A petition is in circulation for a ballot proposition to advance the act of seceding from the Union.

With great sadness, however, I have to inform them that their plan is a non-starter. When a state joins the Union, it’s kind of like the Mafia: once in, never out. It’s not a membership in a health spa or gym. In fact, we actually had a little event known as the Civil War back in the mid-1800s that made that point rather dramatically.

The Constitution goes to great lengths describing the process a state has to go through to join up. There’s not one single word about ever being able to pull out again. In fact, there have even been Supreme Court cases confirming that reality.

The crazies promoting this idea like to point out that if it were an independent country California’s economy would be the eighth largest in the world. All well and good, but they also ignore other realities that attach to being an independent country.

About ¼ of the illegal aliens in this country, approximately 3 million of them, live in this state. Additionally, about 1/3 of the nation’s welfare recipients live here, all while the state has only about 1/8 of the nation’s residents.

The only reason those demographics haven’t further bankrupted the state is that the costs of supporting these groups is defrayed and subsidized to a very large part by funding from the federal government, both directly and indirectly, through various grant, aid, and direct funding programs.

But if California were to secede from the union that flow of money would stop dead in its tracks. Then what? Jack up taxes on the already overtaxed people in this state who already are subject to about the highest tax burden in the country?

Of course, this fantastical new Republic of California is going to have to be able to conduct foreign affairs, and defend itself militarily, a huge new expense currently borne exclusively by the United States. Where’s the money going to come from for all the new embassies everywhere, and professional diplomats? And for the new army, navy, and air forces we’ll need, not to mention coastal security, meaning some form of Coast Guard?

Every country in the world has to have some kind of military capability to defend its existence and autonomy, at the very least, and the Republic of California is no different. And don’t kid yourselves; in the eyes of ISIS and the rest of the Islamic jihadis, the new Republic of California will be just as much a “Great Satan” as the rest of the United States, meaning we’ll be participants in the “war on terror” whether we want to be or not. We don’t make that decision, they do.

So, how do we fund this stuff? Even more new taxes? I sure don’t see any other way to do it. Do you?

All of a sudden it starts to become clear that the only reason this state is “the eighth largest economy in the world” is because so many of the financial burdens of its very existence are borne by the country of which it’s a part. But if that support goes away, and as the already high tax burden on its remaining residents increases, not only will that economy collapse, but those remaining productive tax-paying residents will vote with their feet and start an exodus that will deplete this state of its last source of income.

calexit-6The new Republic of California will turn into Venezuela North.

 

 

 

 

©Brian Baker 2017

(Also published today in my local newspaper, The Signal)

 

 

 

 

 

Write It On Ice

 

write-on-ice

 

In my last couple of columns I’ve been discussing how the American Left has blown its collective mind over the election of Trump, and their hair-on-fire antics in trying to turn the tides of time back to pre-November 8, when their queen bee in waiting, Miss Pantsuit, was still just a stone’s throw away from her coronation.

As I’m writing this (who knows what they’ll come up with tomorrow?) the Next Big Thing is that Russia hacked the DNC computers because “they wanted Trump to win”. It’s splashed all over the place in the leftist media. Big headlines; op-ed topic du jour.

But let’s examine this for a moment. Left unexplained is why the Russians would want Trump over Clinton. Are the Dems trying to imply that he’s a Russian agent or something? A Manchurian Candidate? It certainly can’t be that the Russians were afraid of Clinton. After all, as Secretary of State she was an abysmal failure, and all of her policies led to disastrous consequences, from the Arab Spring meltdown, to Benghazi, to China’s resurgent aggression in the South China Sea, to Russia’s own newly energized militarism in Eastern Europe and the Middle East. So no, that can’t be it.

Another aspect of this issue the Left doesn’t seem to raise, and in fact wants to distract people away from thinking about, is really basic: if there was nothing in those hacked emails to hide, what’s the big deal anyway? This is the modern computer era. Everybody gets hacked. That’s a given. There’s even a phrase for it: “The internet is forever”. Never write, post, publish, or email anything you don’t want to see splashed all over the web. Even kids know this. So what was in those “hacked” emails that supposedly brought Clinton down?

Truth. The simple truth.

Those emails, whether hacked by the Russians or someone else, revealed the depths of the corruption of the Clinton cabal in their maneuvering to win office, from the manipulations of Debra Wasserman Schultz and Donna Brazile in stealing the primary from Bernie Sanders, to the complicity of the Clinton team in her illegal email rig, to the cooperation of the allegedly “independent and unbiased” press, right on down.

But there’s also a further reality. Those hacked emails didn’t actually reveal anything people didn’t already know about Clinton. All they really did was confirm what people already knew: that Clinton is cynical and corrupt to her core, and surrounds herself with like-minded people. Nothing new here, move along.

Thus the net impact of those hacked emails, in reality, was pretty much a big, fat zero.

Let’s face it. This latest burst of sanctimonious outrage is nothing more than another effort to deny the reality of the election outcome, and a lame attempt to besmirch and delegitimize the guy who won the election fair and square: Donald Trump.

My Armenian mother told me there’s an old-country maxim that goes: “Write it on ice”. In other words, if you write something down that you might not want people to see later, it will disappear forever when the ice melts, but you never know about anything written on paper – or nowadays in emails.

So the lesson for the Dems is this: next time, don’t document your corruption in emails. Better yet, why not consider abandoning that corruption altogether?

 

©Brian Baker 2016

(Also published today in my local newspaper, The Signal)

Baseball and the Electoral College

In my last column I discussed the hair-on-fire reaction of the American Left to the electoral rejection of the pantsuit woman in favor of the guy with the world’s biggest combover. Since then, more hilarity has ensued.

kabukikWe have the political Kabuki of Jill Stein, hitherto a virtual political unknown non-entity, trying to force vote recounts in three (as of this writing) states. Of course, she has a better chance of winning the Powerball lottery than actually reversing the results in any of those states, but that doesn’t really matter. She’s now catapulted herself from complete obscurity and irrelevance to being nationally known, not to mention being in control of millions of dollars not previously available to her. Think that might come in handy in… oh, say… four years, when her presidential aspirations are as sure to resurface as a dolphin gulping for air?

You tell me.

Then, of course, we have the complete and utter outrage that Miss Pantsuit can win a couple million more popular votes than Mr. Combover but still lose the actual election, all due to the “arcane, unnecessary and outdated” institution of the Electoral College (EC). Naturally, this leads to bleats for the elimination of the EC altogether.

Wake up time, snowflakes. The EC isn’t going anywhere, since it would take an amendment to the Constitution to do that.

But here’s where the so-called “logic” of the Dem/socialists falls to pieces. Our national election is just like the baseball World Series, in that the election consists of 50 individualscoreboard contests for electoral delegates just as the World Series consists of seven individual games. The outcome is based on who wins the most of those individual contests (in the election) or games (in the Series), not the cumulative total of home runs… or votes. That team with the most states – or won games – wins the election or the Series.

There’s another huge gap in their “logic”. There’s a built-in assumption that if the election were a straight plebiscite the vote totals would be the same as they are under our present system. But here’s a dose of reality. I know of several personal acquaintances – and I’m sure they’re typical of many based on simple human nature – who are conservatives and/or Republicans, who simply never vote for President because they know that this state’s 55 EC delegates are going to the Dems no matter what. They consider their votes a waste of time, or an opportunity to make some other “statement”, a la the NeverTrumpers.

But if those people had known their votes would actually have a direct impact on the actual outcome of the election, I have no doubt they’d have showed up in droves to vote, not for Trump, but against Clinton.

As of now Clinton’s popular margin is around two million more votes than Trump, but I’d bet big money that if there weren’t an EC he’d have gained around a million votes out of California ALONE. Throw in New York, Massachusetts, Washington state, and Illinois and he’d have cleaned her clock in the popular vote, too.

I often say that in order to be a leftist you have to be able to ignore five things: facts, logic, history, human nature, and the Constitution. If you can ignore those five things you, too, can be a practicing leftist.

Well, take notice of how this latest umbrage over the EC covers all those bases with the possible exception of history. A perfect fit!

 

 

©Brian Baker 2016

(Also published today in a slightly edited version in my local newspaper, The Signal)