Posts Tagged ‘Supreme Court

30
Jun
09

Cap and Trade Cyanide: The Constitution

I have decided that I shall read HR 2454.  The first thing I saw when i went to GovTrack to read it was a disclaimer.

This bill is very large, and loading it may cause your web browser to perform sluggishly, or even freeze. This is especially true for old and/or bad browsers. As an alternative you can download the PDF of the bill or read the text on THOMAS.

I am not off to a very good start so far…

It took me from 1248 Hours to 1255 Hours to load the bill, and from 1258 Hours to 1300 Hours to load the 300 page amendment.

For the record, this article shall be about nothing other than the Constitutionality of the Bill in accordance with Article 1, Section 8 and Article 1, Section 9 of the United States Constitution, the powers and limits of the Legislature of the United States.  If I find more then five items that violate the Constitution, I will go no further, and label it Unconstitutional.  I don’t think I will have to go very far…

In Section 201 of Title II Subtitle A, they discuss ammending 42 United States Code 6833, which allows government to control Building Codes.  43 U.S.C. 6833 is unconstitutional.  Nowhere in Article 1, Section 8 does the Constitution the power to tell you how you can or cannot build your home.  In accordance with Amendment X of the Bill of Rights, unless that power has been granted to the State or Local Government through the formation of the supreme document of the State, City, or Town, rests solely upon the individual.  But it does not, and cannot, rest in the hands of the Federal Government, unless a new Amendment is added to the Constitution of the United States.

Included within the section is a description of Consensus Based Standards.  If this is anything like the current “Consensus” on Global Warming, then it will really mean that whoever has the money to bully their way into public opinion, and a motive to do so (i.e. General Electric) can determine the new standards for their own fun and profit.

Also included, is a mandate that all houses must have an Energy Audit before they can be sold.  Yes, that is right, you must pass an Energy Audit before you can sell your house.  And if the standards change after the audit, then you will need to get yet another Audit.  And the Audits look to be funded directly out of your pocket, not to mention the money spent on making a home come up to code, will drive up the cost of your home, and reduce the number of people looking into purchasing your home, thus damaging Interstate Commerce in accordance with the standard used to gain Federal Control over private, subsistence farmers under FDR’s administration.

That’s 1.

There is a lot in this bill relating to the flimsy interpretation of the Interstate Commerce Clause produced by the Roosevelt Administration as part of the New Deal.  However, the spirit of the clause deals with the building of roads and canals, the maintenance of roads and canals, the power to prevent the creation of interstate tarifs, nd the enforcement of a central currency to protect the individual states from each other.

That’s 2.

And then you get to Title III, which discusses Global Warming and how to sequester CO2.  If Carbon Dioxide is such a problem, despite the sheer insignifigance fo the gas in the atmosphere, then Columbia University has invented an atmospheric CO2 scrubber which can remove 1 ton of CO2 from the atmosphere a day, without giving the government undue control of the population.  However, Al Gore and others in the Church of Global Warmign have rejected it, as it does not grant them their real goal, control over the population, and power for themselves.

Foul Ball.

Subtitle B of Title III claims that it will save jobs, however, the Congressional Budget Office report admits that it is based off of Star Trek Post-Scarcity Fantasy economics in the analysis of the report.  The Heritage Foundation does not throw out real world economics, and an analysis of the effects on Spain of the passage of a similar bill shows that this will devastate an already unshakey economy.

Foul Ball.

Title V produces the K, and HR 2454 goes down swinging.

In accordance with the Equal Protection Clause of the United States Constitution, all citizens are supposed to be treated equally under the law, with the theory that justice is blind to race, religion, creed, occupation, wealth, or sex.  Title V gives special treatment among Farmers to those who farm ethanol.  A crop that would require 109% of current total acreage to produce the energy needed to fuel the United States in 2008, with growing demand around the world.

Strike Three, You’re Unconstitutional.

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29
Jun
09

Sotomayor Overturned

Sotomayor, the member of racial supremacist organization La Raza, has been overruled by the Supreme Court today, in the matter of Ricci v. DeStefano, when they found that the city of New Haven had in fact used a disctiminatory racial basis for determing promotions within the department.

As background, the New Haven Fire Department uses a test to determine the eligibility of a Fireman to advance to the rank of Lieutenant, similar to that used during WWI and WWII to determine who among hte enlisted ranks in the armed forces had the potential to be an officer.

A number of applicants took the tests for Lieutenant and Captain.  With a limited number of spots available (7 for the Captain’s slot, 8 for the Lieutenant’s Slot), the top scoring applicants would move on to the next level.

In those results, no black applicants met the minimum score necessary to be eligible for the position.

The Civil Service Board of the City of New Haven threw out the results, because there where not enough black people in the finalist pool.

One of the Firemen, lead plaintiff Frank Ricci, testified to the board, that he had incurred over a thousand dollars in expenses, and had even payed a friend to read the text books he needed to study on tape, so that Ricci could overcome his Dyslexia to study for the test.

Today, Kennedy led Alito, Scalia, Roberts, and Thomas in the Majority Opinion that the dismissal of the test on the basis of race was a violation of Title VII.

Ginsburg led the dissent, along with Stevens, Souter, and Breyer.

If you read the opinion though, it reads more like a 9-0, and is a rather, confusing opinion decision and seems to be more a rebuff of Sotomayor.

Watching the Supreme Court of late, it seems like everyone else might as well stadn down, and we should just let Kennedy decide issues based on which side of the bed he wakes up on, as every case of late seems to come down to how Kennedy decided to vote, and as someone who loves the constitution, this sickens me.

More on the story can be found at the following:

Michelle Malkin

Gateway Pundit

Hot Air

Instapundit

New York Times

Heritage Foundation




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