Showing posts with label Federalism. Show all posts
Showing posts with label Federalism. Show all posts

Friday, April 25, 2014

The most sensible thing I've heard lately

About the rancher conflict in Nevada, from Idaho Congressman Raul Labrador:

Idaho's Labrador: Nevada rancher battling BLM should have paid his bills
In another example of his keen political instincts, Idaho GOP Congressman Raul Labrador distanced himself from Sen. Rand Paul and others championing Nevada rancher Cliven Bundy.

Labrador is a tea party favorite and friend of the Kentucky senator eying a 2016 Republican presidential run. At Labrador's invitation, Paul will speak to the Idaho Republican convention in June. Bundy has been celebrated by other politicians and conservative media, most notably Sean Hannity on Fox News.

But Labrador told Ada County Republicans he has trouble lionizing Bundy because he's ignoring the rule of law in failing to pay over $1 million in grazing fees to the U.S. Bureau of Land Management for running his cattle on public property since 1993.

Labrador stepped away from a chance to laud Bundy Tuesday night. On Wednesday, the New York Times reported on Bundy's comments about "the Negro" and his suggesting slavery wasn't so bad after all. Paul initially was unavailable for comment Wednesday but on Thursday issued a statement, saying, “His remarks on race are offensive and I wholeheartedly disagree with him."

Apparently smelling a rat, Labrador didn't fall into such a trap when asked about the Bundy case at a candidate forum hosted by the Ada County Republican Central Committee. Otherwise he'd be joining Paul and others in damage control.

"One of the concerns I have in the Bundy case is that you have a person who appears to have been violating the law," Labrador began. "And that really concerns me because it makes it very difficult for somebody like me to speak up against what the BLM is doing.

"Because the federal courts, again and again and again, have told this gentleman that he owes money in federal grazing rights, in federal grazing permits," said Labrador, who graduated from high school in Las Vegas, about 80 miles from Bundy's ranch. "Now, he claims that he doesn't owe that money but the courts have disagreed with him."

Labrador went on to college at BYU and earned his law degree at the University of Washington.

Labrador cited the case of another Nevada rancher, Wayne Hage, who battled the BLM in court but continued to pay his bills. Late in life Hage married then-Idaho Congressman Helen Chenoweth, a predecessor of Labrador's in Idaho's 1st District. Both Wayne and Helen Chenoweth-Hage are now deceased.

"The BLM did the same things to (Hage) and when they did it to him he was actually paying his grazing permits and he was doing all the things that he needed to do," Labrador said.

Setting aside the fame enjoyed by Bundy, Labrador continued with a critique of BLM policy and mixed in a shout-out for gun rights.

"Clearly the federal government is overreaching. What I find sad — even if you agree that Mr. Bundy should have paid his grazing permits — it's really scary to think that the federal government can come in to collect on a debt at the point of a gun," Labrador said.

"That should never happen. They should have put a lien on his property; they should have put a lien on the cows; they should have put a lien on a bunch of different things. But they should never be coming in at the point of a gun and trying to take you off a property.

"And that's why — this is the difference between people who believe in the Second Amendment and who don't believe in the Second Amendment: The Second Amendment isn't there so we can hunt. The Second Amendment is there so we can protect ourselves from the government."

Labrador's answer brought hearty applause, once again demonstrating his deftness in appealing to a very conservative base without compromising his oaths to uphold the law as an attorney and a congressman.

He's long brushed off as a distraction questions about President Obama's birthplace, saying he believes the president was born in Hawaii and should be opposed on policy grounds. He's attempted to convince supporters hostile to immigration reform that a compromise would be healthy for humanitarian and economic reasons and essential for the future of the Republican Party. Labrador was born in Puerto Rico and moved to Nevada with his mother while in junior high school.[...]
The government didn't NEED to turn this into an armed confrontation; they had other options. They didn't have to point guns at fellow Americans. So why did they choose to, instead of the other options available to them? That seems to be the most important point to me. But the media cirrus seems to focus on everything else but that.

The Republican Party could use more sane voices like Raul Labrador's.

And it's worth noting, that in the Wayne Hage case that Labrador referred to, Mr. Hage's estate eventually won the case against the BLM. But read the details; it's chilling. It was a long, hard and ugly battle. The judge in the case accused the federal bureaucrats of racketeering under the federal RICO (Racketeer Influenced and Corruption Organizations) statute, and accused them as well of extortion, mail fraud, and fraud, in an effort “to kill the business of Mr. Hage.”

Mr. Hage married a congress women as his second wife, before he died. You have to wonder if he would have prevailed, without her help? Officials of the federal government wield tremendous power; they have to be kept in check, as this case shows all too clearly.


This was interesting too:

Conservative racial math can’t cancel out Cliven Bundy
[...] On Fox News, my colleague Charles Krauthammer goes further, making the point that romanticizing a rejection of federal authority often ends in embarrassment. “This is a man who said that he doesn’t recognize the authority of the United States of America. That makes him a patriot?” Krauthammer asked. Anti-government language has been a powerful rhetorical tool, but it is difficult to sever those sentiments from the neo-Confederate sentiments that trail stubbornly behind it. Maybe it is time to try to elevate a different path to conservative stardom.

That such routes might be tough to walk given the Republican Party’s recent history does not mean they do not exist. The libertarian writer Jonathan Blanks, who is a friend and a powerful influence on my own thinking, is a powerful advocate for two ideas that could be made in concert more frequently: that defenses of secession are obscene on libertarian grounds and that African-Americans have plenty of reasons to seek limits on government power. [...]

     

Friday, May 21, 2010

Did the U.S. government shake loose its constitutional moorings more than 70 years ago?

Paul Remarks Have Deep Roots
Republican candidate Rand Paul's controversial remarks on the 1964 Civil Rights Act unsettled GOP leaders this week, but they reflect deeply held iconoclastic beliefs held by some in his party, and many in the tea-party movement, that the U.S. government shook its constitutional moorings more than 70 years ago.

[...]

In tea-party circles, Mr. Paul's views are not unusual. They fit into a "Constitutionalist" view under which the federal government has no right to dictate the behavior of private enterprises. On the stump, especially among tea-party supporters, Mr. Paul says "big government" didn't start with President Obama, Lyndon Johnson's Great Society of the 1960s or the advance of central governance sparked by World War II and the economic boom that followed.

He traces it to 1937, when the Supreme Court, under heated pressure from President Franklin Roosevelt, upheld a state minimum-wage law on a 5-4 vote, ushering in the legal justification for government intervention in private markets.

Until the case, West Coast Hotel v. Parrish, the Supreme Court had sharply limited government action that impinged on the private sector, infuriating Mr. Roosevelt so much that he threatened to expand the court and stack it with his own appointees.

"It didn't start last year. I think it started back in 1936 or 1937, and I point really to a couple of key constitutional cases… that all had to do with the commerce clause," Mr. Paul said in an interview before Tuesday's election, in which he defeated a Republican establishment candidate, hand-picked by Senate Minority Leader Mitch McConnell (R, Ky.).

Mr. Paul has said that, if elected, one of his first demands will be that Congress print the constitutional justification on any law is passes.

Last week, Mr. Paul encouraged a tea-party gathering in Louisville to look at the origins of "unconstitutional government." He told the crowd there of Wickard v. Filburn, a favorite reference on the stump, in which the Supreme Court rejected the claims of farmer Roscoe Filburn that wheat he grew for his own use was beyond the reach of federal regulation. The 1942 ruling upheld federal laws limiting wheat production, saying Mr. Filburn's crop affected interstate commerce. Even if he fed his wheat to his own livestock, the court reasoned, he was implicitly affecting wheat prices. If he had bought the wheat on the market, he would subtly have raised the national price of the crop.

"That's when we quit owning our own property. That's when we became renters on our own land," Mr. Paul told the crowd.

In an interview, Mr. Paul expressed support for purely in-state gun industries, in which firearms are produced in one state with no imported parts and no exports. Guns produced under those circumstances can't be subjected to a federal background check, waiting period or other rules, he reasons.

"I'm not for having a civil war or anything like that, but I am for challenging federal authority over the states, through the courts, to see if we can get some better rulings," he said.

To supporters, such ideological purity has made the Bowling Green ophthalmologist a hero.

"He's going back to the Constitution," said Heather Toombs, a Louisville supporter who came to watch him at a meet-and-greet at a suburban home last week. "He's taking back the government." [...]

Of course that doesn't mean we have to discard everything that's happened since 1937. It's not about trying to go back to the past, but about understanding the past and using that knowledge to make course corrections in the present, to keep us guided and protected under our Constitution. Read the whole thing for context, it's not a very long article.
     

Sunday, July 29, 2007

Fred Thompson: Restore the Reagan Executive Order on Federalism that was revoked by Clinton

I'm with Fred 100% on this. Here are some excerpts from one of his blog posts:

On Federalism
[...] The federalist construct of strong states and limited federal government put in place by our Founders was intended to give states the freedom to experiment and innovate. It envisions states as laboratories in competition with each other to develop ideas and programs to benefit their people, to see what works and what does not.

This ingenious means of governing a large and diverse nation prevailed for more than a century. But today our Constitution and the limited, federalist government it established, are considered by many to be quaint or out of touch with the world we live in, to be swept aside by political expediency. [...]

Fred understands the importance of the separation of powers, and has seen firsthand while serving in the Senate the consequences of disregarding those principles. He also has some good ideas as to what should be done about it:

[...] A good first step would be to codify the Executive Order on Federalism first signed by President Ronald Reagan. That Executive Order, first revoked by President Clinton, then modified to the point of uselessness, required agencies to respect the principle of the Tenth Amendment when formulating policies and implementing the laws passed by Congress. It preserved the division of responsibilities between the states and the federal government envisioned by the Framers of the Constitution. It was a fine idea that should never have been revoked. The next president should put it right back in effect, and see to it that the rightful authority of state and local governments is respected.[...]

(bold emphasis mine) Do read the whole thing. Fred's understanding of, and respect for, the Constitution, and his understanding of where things have gone so terribly wrong in Washington D.C., gives me hope that we can re-drain that swamp and take our country back from the extremists of both parties.

Run Fred Run!

Hat tip to Born Again Redneck Bourgeois