Lawful Changes Ahead

The next law being overturned in the Supreme Court will be big, really big, in fact, huge!

And it has nothing to do with Roe v Wade.

It has to do with the Congressional practice of passing laws, then empowering unelected, and in most cases, unseen regulators to institute the rules to enforce the written law. The Constitution, of course, does not recognize this power in regulatory agencies, and about 100 years of practices by such regulatory agencies are soon to be overturned.

We have all seen the power of these “rules” set up by, in particular, the EPA, whose overstepping of common sense have been such a pain. Just off the top of my mind, the EPA has declared seasonal streams as “Waterways” to place land under their control.

The liberal control of the SCOTUS voting bloc on this issue, is extremely fragile. In the latest vote, 5-3 on Grundy v United States, with Justice Kavanaugh recused, Justice Alito, who sided with the liberals on the Grundy vote, wrote, “if a majority of this Court were willing to reconsider the approach we have taken for the past 84 years, I would support that effort.”

Ian Millhiser, writing in ThinkProgress, opines under a headline that says the sentence by Alito is “the most terrifying sentence to appear in a Supreme Court opinion in years” that “The revolution is coming, and it is likely to take with it much of the regulatory structure that protects workers, patients, victims of discrimination, and the environment.”

Absolutely true. The Constitution gives Congress the responsibility to write the laws in such a manner that they can be executed by the Executive Branch…no mention is given to implementing regulations being given any delegated power. Most of Government is delegated power.

It bodes a revolution in law, and a return to the LAW as written, with the hope for changing the laws instead of interpreting black to mean white, because it is expedient.

Bring Back Mattis!

Lord, I miss General Mattis!

President Trump needs leadership in the Department of Defense, and he doesn’t have it…period.

I am dismayed , again, with the president “climbing down,” again. I have no idea what the president’s strategy regarding Iran. If I am confused there is no cost, but if the Joint Chief’s Of Staff are confused, which they must surely be, that is not good.

BRING BACK MATTIS!

Administration officials told WaPo that the president is always told at the time of the briefing what the likely casualty impact will be. No, this is another “I’ll close the Border” incident, where, of course, he didn’t.

We await a measured response to the shooting down of the VERY expensive drone. $100+ million is not to be sneezed at even in this time of inflation. Complete inaction would embolden Iran, at least to the point of shooting down future drones, or at least make the US consider not using drones to pursue further intelligence in the very volatile Straits of Hormuz. What are our alternative platforms that would not endanger our pilots?

The drone shot down did not have anti-missile technology, but it is a large vehicle and surely can be fitted to defend itself.

Big Conservative Win!

The Supreme Court did two historic things today: Most importantly they overturned a precedent, admitting that a thirty year old case had been wrongly decided, and in doing so they granted a woman the right to sue in federal court for a town taking her land to provide access to an old cemetery. (Knick v Scott Township)

Previously, those whose land was taken had to lose in other State Courts to sue in federal court, now the Court ruled a victim suffered a “Taking” the moment of the offense, and could go directly to federal court for redress.

It seems logical to me. “Taking” is a federal offense, a violation specifically mentioned in the Constitution, and should be decided is a federal court.

The Pacific Legal Foundation, worthy of your financial support, won this case. Congratulations, on their 12th Supreme Court win!

Chief Justice Roberts, the swing vote in many cases, sided with the Conservatives on the issue, making it a 5-4 decision. Since the decision overturned a wrongfully decided liberal opinion, the liberals are concerned that the Court will reconsider Roe v Wade.

Good! They should be! Roe v Wade was one of the worst decisions in history.

California Crazy

A blog that tracks such things (foxandhoundsdaily.com) tells us why California real estate is so expensive…”fees.” Fees are the taxes that are collected for each home before they are built, and the fees cover such things as the schools that are built to school (not educate, since California stands near the bottom).

One of my nearby cities, Carlsbad, charges developers about $120,000 per home before the first nail is pounded. Some California cities charge more than $150,000. Developers must buy the land, wait for at least a year before getting through a laborious permit process, and pay outrageous fees. You can buy a home in parts of America for what it costs a developer in California before he starts building.

The last I checked, our gas prices were higher than Hawaii gas prices, and the state, which already collects the highest gas taxes, will collect an additional six cents a gallon on July 1. This state is absolutely CRAZY!

Trump’s Problem With China

Without turning my comments into a history lesson, it is absolutely true that some nations harbor great resentment that colors their present. Because we share a common culture, Britain has sort of forgiven their previous Colony, but countries like China, Mexico, and the Central American group…well, they don’t like us.

China actually hates all foreigners, the British most of all because of the Opium Wars, which were actually the Tea Wars, but since we share a British culture, well….Westerners all look alike.

You see, back in the early to mid 1800s, Britain was in serious financial straights because it had a tea craving that put it in massive trade deficit with China. China traded tea for silver, and the British treasury had none. 10% of the average British household money bought tea, and China grew ALL the tea. (It is still the second most drunk beverage, worldwide, behind only water!)

The Hounerable (Yes, that is the correct spelling) East India Company sent Robert Fortune to steal tea seeds for India, but it would take years for the plants to mature, so Britain forced the highly addictive and India-grown Opium into China in huge amounts, by the force of the British Navy (The Opium Wars), thereby refilling the British treasury. The British, in effect, traded opium for tea, by force in what has always been taught in China as the “Unequal Treaties”…they think the current unequal treaties by the US as compensation for what they call, the “100 years of Humiliation.”

(Robert Fortune stole both Green Tea seeds, then Black Tea seeds, both from high in the China mountains where foreigners were forbidden. It was successful industrial espionage)

China remembers. Trump probably doesn’t even know. What Trump thought would be an easy tariff war, isn’t. Trump had better hope for a win both with Mexico on the Border (they remember General Scott dictating terms in Mexico City), and with the China on the tariff front if he is to win re-election.

It won’t be easy. Perhaps not even possible. Now back to my iced tea…a Black Tea from China. (It’s called “China Mist” and it’s wonderful!)

Historic Win

Many people will swear to their children that they saw the Padres beat the Colorado Rockies, 16-12 last night, but I actually did!

Let me admit, I forgot to put it on my iPad, simply forgot until the 9th inning with the Padres behind 11-5, at which time I opened a window for it and pretty much half listened. Then the noise caused me to expand the window, and the Padres came back with a home run and several extra base hits, and suddenly the Padres tied the Rockies. Then in the 12th, Tatis stretched a double into a triple, and we were ahead. Eventually the Padres scored five runs to settle the affair. Renfroe had three home runs, Machado had one, Tatis was the spark plug…heck it was simply big. Really big!

Justice, But Not For Everyone Involved

There is so little good news coming from Courts, that one must rejoice when it is found.

Oberlin College, in Ohio, has been found to be guilty of aiding and abetting college students in the harm done to a local bakery in town, which bakery had been in business for five generations.

The problem arose when a Black student attempted to shoplift a bottle of wine, and got caught. Two fellow Black students, girls, raised a ruckus to get him released by store employees, and failing, organized a series of protests before the family owned store, and pressured the College to end a long time cafeteria contract with the bakery.

The shoplifter pleaded guilty in court.

The family and by extension its employees lost money over several years from the student and College boycott, and sued the College. Meanwhile, the offending students have graduated and fled on their way, unmolested.

A jury awarded the bakery $11 million in actual damages, and subsequently this past week added $33 million in punitive damages, although the punitive damages exceeds the law and may be reduced. The total certainly sends a message to the College, and it means that the jury ignored pleas by the College that such awards will harm the students.

Hopefully, a message has been sent, although the students who caused this suffered none of the consequences they caused the College. I wish someone would interview them!