Tuesday, February 1, 2011

Barker's Newsbites: Tuesday, February 1, 2011


As markets rise...
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10 comments:

William R. Barker said...

http://www.argusleader.com/article/20110131/UPDATES/110131031/Bill-would-require-all-S-D-citizens-buy-gun

Five South Dakota lawmakers have introduced legislation that would require any adult 21 or older to buy a firearm “sufficient to provide for their ordinary self-defense.”

The bill, which would take effect Jan. 1, 2012, would give people six months to acquire a firearm after turning 21. The provision does not apply to people who are barred from owning a firearm.

* HA! HA! HA! YOU GUYS "GET" WHAT THEY'RE DOING - RIGHT?

(*STILL CHUCKLING*)

February 1, 2011 at 9:56 AM
William R. Barker said...

http://online.wsj.com/article/SB10001424052748703439504576116090813454296.html?mod=WSJ_Opinion_LEADTop

'If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself." -- James Madison (1788)

Federal Judge Roger Vinson opens his decision declaring ObamaCare unconstitutional with that citation from Federalist No. 51...

(*NOD*)

His exhaustive and erudite opinion is an important moment for American liberty, and yesterday may well stand as the moment the political branches were obliged to return to the government of limited and enumerated powers that the framers envisioned.

* WE PRAY...

* AND NOW... A BIT OF HISTORY:

The original purpose of the Commerce Clause was to eliminate the interstate trade barriers that prevailed under the Articles of Confederation [,one] among the major national problems that gave rise to the Constitution.

The courts affirmed this limited and narrow understanding until the New Deal, when Congress began to regulate harum-scarum and the Supreme Court inflated the clause into a general license for anything a majority happened to favor.

* EXACTLY!

In a major 1942 case, Wickard v. Filburn, the Court held that even growing wheat for personal use was an activity with a substantial economic effect on interstate commerce, thus justifying federal restrictions on the use of agricultural land meant to prop up commodity prices.

* ONE COULD MAKE THE CASE THAT WICKARD V. FILBURN MARKED THE END OF LEGITIMATE CONSTITUTIONAL GOVERNMENT IN THE UNITED STATES.

* PUTTING THAT ASIDE, HOWEVER...

[E]ven in its most "elastic" interpretations, the Commerce Clause applied only to "clear and inarguable activity," Judge Vinson writes, the emphasis his.

It never applied to inactivity like not buying health insurance, which has "no impact whatsoever" on interstate commerce.

[Judge Vinson] argues that breaching this frontier converts the clause into a general police power of the kind that the Constitution reserves to the states. As the High Court put it in Lopez, obliterating this distinction would "create a completely centralized government."

(*SHRUG*) (*NOD*) FOLKS... THIS IS EXACTLY WHAT OBAMA WANTS! (*ANOTHER SHRUG*)

Judge Vinson addresses the Administration's fallback argument that the Constitution's Necessary and Proper Clause justifies the law even if the Commerce Clause doesn't. He writes that this clause "is not an independent source of federal power" and "would vitiate the enumerated powers principle." In other words, the clause can't justify inherently unconstitutional actions.

* "VITIATE" -- TO IMPAIR THE QUALITY OF; MAKE FAULTY; SPOIL; IMPAIR; WEAKEN THE EFFECTIVENESS OF; DEBASE; CORRUPT; PERVERT; TO MAKE LEGALLY DEFECTIVE OR INVALID...

Judge Vinson...[struck] down the entire ObamaCare statute - paradoxically, an act of judicial modesty.

* WAIT FOR IT... WAIT FOR IT...

[You see, folks...] Democrats intentionally left out a "severability" clause if one part of the bill was struck down, and the Administration repeatedly argued that the individual mandate was "essential" to the bill's goals and mechanisms and compared it to "a finely crafted watch."

Judge Vinson writes that picking and choosing among thousands of sections would be "tantamount to rewriting a statute in an attempt to salvage it."

(*WINK*) (*APPROVING NOD*)

February 1, 2011 at 12:16 PM
William R. Barker said...

http://online.wsj.com/article/SB10001424052748703439504576116532472780712.html?mod=WSJ_Opinion_LEADTop

[T]oday's [U.S. Supreme Court] is now divided more or less evenly between those who think the Constitution means something, and those who believe it can mean more or less anything they want it to mean.

In between these two groups sits Justice Kennedy, who has a record of respect for the constitution save for those cases where it might really annoy the New York Times.

(*SIGH*)

When policies go before the courts, conservatives are at a political disadvantage.

A key part of being an American conservative is the understanding that in the courts, process is more important than outcome. As Chief Justice John Roberts once put it, the court's role is "to be an umpire - to call balls and strikes and not to pitch or bat."

Justice Kennedy, alas, has done his share of pitching, and at times paid for it.

In his vigorous dissent in the Supreme Court's 2000 ruling throwing out a Nebraska law prohibiting a certain partial-birth abortion procedure, he professed himself shocked, shocked that the justices did not really mean what they had told the states about their right to regulate abortion just a few years earlier in the Planned Parenthood v. Casey decision - in which he was both the swing vote and one of the authors of the plurality opinion.

Now this same man will decide the individual mandate.

(*SIGH*)

As usual, it is easy to conceive of his landing on either side.

(*DEEPER SIGH*)

In the process of passing health-care "reform," President Obama and his allies gave the American people many examples of what the president likes to call "teachable moments." Thus did citizens learn about cloture, filibuster-proof majorities, a Medicare exemption for the state (Nebraska) of a senator whose vote was needed (Ben Nelson), etc. They also watched the president himself personally deny on TV that the individual mandate is a tax - even though that is exactly how his administration is now defending that mandate in the courts.

(*SMIRK*) (*SNORT*) (*SNICKER*)

In response to constitutional objections, South Carolina Rep. James Clyburn gave voice to his party when he declared that "there's nothing in the Constitution that says that the federal government has anything to do with most of the stuff we do."

* MOST DEMOCRATS - AND MORE THAN A FEW REPUBLICANS - COULDN'T CARE LESS WHAT THE CONSTITUTION SAYS. SUCH AN ATTITUDE NOT ONLY VIOLATES THEIR OATHS OF OFFICE, BUT I MAKE THE CASE THAT SUCH BEHAVIOR IS LITERALLY TREASONOUS.

February 1, 2011 at 12:30 PM
William R. Barker said...

http://online.wsj.com/article/SB10001424052748703445904576118122552325428.html?mod=WSJ_hpp_MIDDLE_Video_Third

New York Gov. Andrew Cuomo proposed a budget plan Tuesday that would virtually freeze state spending on public education and slow the growth of Medicaid by billions of dollars.

(*CLAP-CLAP-CLAP*) THAT'S GOOD!

In a major departure from past executive budget plans, Mr. Cuomo did not say what he wants to cut from the nation's most expensive Medicaid program.

(*CLAPPING SLOWING DOWN*) THAT'S... er... NOT SO GOOD.

Mr. Cuomo's first proposed budget as governor calls on lawmakers to adopt $133 billion in total spending, including federal funds - a 2.7% decrease from this year's budget.

(*NOD*) THAT'S GOOD...

Excluding federal dollars, state spending would increase by nearly 10%. With the federal stimulus expiring, forcing New York to make do with a $5 billion drop in aid from Washington, Mr. Cuomo proposed raising state outlays by billions of dollars to help make up the difference.

(*SIGH*) THAT'S BAD...

For years, state spending growth has far outpaced inflation. New York spends more on Medicaid than any other state, and its per-pupil school spending on education also ranks as the nation's highest. Mr. Cuomo has vowed to reverse those trends.

* WHICH I CERTAINLY SUPPORT HIM IN!

The governor's plan would freeze higher-education spending and general aid to localities. He also seeks to squeeze a $1 billion out of state agencies.

* O.K. (*WAITING FOR THE OTHER SHOE TO DROP*)

Spending on public employee pensions, health insurance and other benefits would increase by $474 million, an 8% increase over the current fiscal year.

(*HEADACHE*) FOLKS... IS IT JUST ME...???

Mr. Cuomo's budget would raise an additional $800 million in revenue from non-recurring sources, known as one-shots, which include a refinancing of debt and payment delays.

* TRANSLATION: "SCAMS."

And it also raises money by adding new state lottery games.

* TARGETING "NEW YORK'S MOST VULNERABLE." (*SHRUG*)

On Monday, Mr. Cuomo declared Albany's budget process a "sham" that exaggerates the size of deficits and pain of spending cuts. ... "I was shocked to learn that the state's budget process is a sham that mirrors the deceptive practices I fought to change in the private sector," Mr. Cuomo wrote in an opinion essay circulated by his office.

* YET AS ATTORNEY GENERAL CUOMO NEVER CHARGED THESE SCUMBAGS WITH A CRIME... (*SHRUG*)

Lawmakers responded with skepticism to Mr. Cuomo's pointed analysis, noting that it was made by a seasoned veteran of state government and son of a former governor, Mario Cuomo. "I'm surprised that he's shocked," said Richard Gottfried, a Democratic assemblyman from Manhattan and chairman of the chamber's health committee. "This is not a new discovery."

(*SMIRK*)

February 1, 2011 at 12:52 PM
William R. Barker said...

* TWO-PARTER... (Part 1 of 2)

http://online.wsj.com/article/SB10001424052748704680604576110613604195324.html?mod=WSJ_hps_sections_health

A shortage of injectable generic drugs for cancer and other serious diseases is putting pressure on hospitals, which are sometimes having to scramble to locate the medicines or search for alternative treatments.

* PERHAPS THE FEDERAL GOVERNMENT COULD SIMPLY... er... MANDATE... NO MORE SHORTAGES...???

(*SMIRK*)

The supply of these drugs has tightened in recent years as the generic-drug industry has consolidated, with many of the drugs now made by just one or two companies. In many cases patents have long expired and the original brand-name drug is no longer being produced.

* ON A SERIOUS NOTE, THE FACT THAT THESE PATENTS EXPIRE IS THE PROBLEM...!!!!

Federal regulators have also stepped up enforcement of quality standards, limiting the ability of large manufacturers to ramp up production.

* SAVE THE VILLAGE BY DESTROYING IT... WHERE HAVE I HEARD THAT ONE BEFORE...?!

The Food and Drug Administration reported a record 178 drug shortages in 2010, up from 157 the year earlier and 55 five years ago.

* AIN'T THE AGE OF OBAMA JUST A DREAM COME TRUE? (*SNORT*)

* To be continued...

February 1, 2011 at 1:15 PM
William R. Barker said...

* CONTINUING... (Part 2 of 2)

"We think this is near a crisis situation," said Bona Benjamin, a director at the American Society of Health-System Pharmacists, a pharmacist trade group.

* DON'T EXPECT TO READ THIS IN YOUR LOCAL NEWSPAPERS, FOLKS... (*SIGH*)

The FDA has taken some emergency steps to cope with shortages. Last year, it permitted imports from Europe of a sedative drug that hadn't gone through the complete U.S. approval process to cope with shortages of propofol, the drug implicated in singer Michael Jackson's 2009 death. The FDA is also allowing imports from Britain of foscarnet, an antibiotic sometimes used after organ transplants.

(*SARCASTIC CLAP-CLAP-CLAP*) WELL AIN'T THAT JUST DANDY! OBAMACARE... STIMULATING JOB GROWTH IN... er... EUROPE AND GREAT BRITAIN.

"The drugs that have been in shortage for 2010 are ones that there are no good substitutes," said Valerie Jensen, the associate director of FDA's drug shortage program.

* HEY... YA THINK IF YOUR MEMBER OF CONGRESS, U.S. SENATOR, OR HIGH RANKING EXECUTIVE OR JUDICIAL BRANCH OFFICIAL OR FAMILY MEMBER REQUIRES A "SCARCE" DRUG THEY'LL END UP AT THE BACK OF THE LINE WITH YOUR AVERAGE MEDICARE OR MEDICAID PATIENT...??? DO YOU...???

The FDA's full approval process takes much longer, which is why it is hard for new producers to quickly jump in when demand exceeds supply. Leucovorin, often used to treat colon cancer, has been in short supply for several years, but it was only recently that the FDA allowed another company to start making it.

(*SARCASTIC CLAP-CLAP-CLAP*) OH, THANK YOU, THANK YOU, THANK YOU, OH, MAGNANIMOUS FDA! (*SMIRK*)

Companies cite FDA manufacturing rules and bottlenecks in the supply of ingredients for the shortages. "Certainly there's been more drugs shortages in the industry than normal," said Josh Gordon, Hospira's vice president and general manager for specialty pharmaceuticals.

"It just feels like it's constant," said Dwight Kloth, the pharmacy director at Fox Chase Cancer Center in Philadelphia. "Every day you worry: Which medication today?"

* GREAT! JUST FRIGG'N GREAT! OUTSTANDING...! HOPE AND CHANGE, BABY... HOPE AND CHANGE...!

A September survey by the nonprofit Institute for Safe Medication Practices documented more than 1,000 errors, near-misses and adverse patient outcomes attributed to drug shortages. At least two patients died after receiving the painkiller hydromorphone when it was incorrectly prescribed at the same dose for morphine that was unavailable.

* SHORTAGES OF FRIGG'N MORPHINE...?!?! ARE YOU FRIGG'N KIDDING ME...?!?!

Michael Link, the president-elect of the American Society of Clinical Oncology, said the drug cisplatin is in short supply and is a mainstay treatment of testicular cancer. "There really isn't an effective substitute," he said.

* FOLKS... SERIOUSLY... THE FDA MUST BE REINED IN.

February 1, 2011 at 1:15 PM
William R. Barker said...

http://www.zerohedge.com/article/world-becomes-zimbabwefied-cotton-futures-surge-17-one-month

[Let's look at] what virtually every single agricultural product has done in the first month of 2011.

* TO REPEAT: "THE FIRST MONTH..."

Corn spot up 7.76%, wheat up 5.63%, Rice up 10.08%, Hogs up 10.16%, Sugar up 5.64%, Orange Juice up 3.33%, and cotton.... up 17.08%.

That's in one month!

We are curious what happens when rice goes up 100% in 2011...

February 1, 2011 at 4:47 PM
William R. Barker said...

http://www.zerohedge.com/sites/default/files/images/user5/imageroot/von%20havenstein/Food%20Stamp%20Feb.jpg

* JUST CLICK THE LINK... IT'S TO A CHART. (SURPRISE YOURSELF!)

February 1, 2011 at 4:47 PM
William R. Barker said...

http://www.lewrockwell.com/williams-w/w-williams69.1.html

* AN OP-ED BY DR. WALTER E. WILLIAMS --

National Assessment of Educational Progress test data [shows] that an average black high school graduate had a level of reading, writing and math proficiency of a white seventh- or eighth-grader.

The public education establishment bears part of the responsibility for this disaster, but a greater portion is borne by black students and their parents, many of whom who are alien and hostile to the education process.

According to the National Center for Education Statistics, nationally during 2007–2008, more than 145,000 teachers were physically attacked.

An earlier NCES study found that 18% of the nation's schools accounted for 75% of the reported incidents of violence, and 6.6% accounted for 50%.

So far as serious violence, murder and rapes, 1.9% of schools reported 50% of the incidents.

The preponderance of school violence occurs in big-city schools attended by black students.

More than 70% of black children are born to unwedded mothers, who are often themselves born to unwedded mothers.

Today's level of female-headed households is new in black history. Until the 1950s, almost 80% of black children lived in two-parent households...

Often, these unwedded mothers have poor parenting skills and are indifferent, and sometimes hostile, to their children's education.

What needs to be done is not rocket science. Our black ancestors, just two, three, four generations out of slavery, would not have tolerated school behavior that's all but routine today. The fact that the behavior of many black students has become acceptable and made excuses for is no less than a gross betrayal of sacrifices our ancestors made to create today's opportunities.

Some of today's black political leadership is around my age, 75, such as Reps. Maxine Waters, Charles Rangel, John Conyers, former Virginia governor Douglas Wilder, Jesse Jackson and many others. Forget that they are liberal Democrats but ask them whether their parents, kin or neighbors would have tolerated children cursing to, or in the presence of, teachers and other adults. Ask them what their parents would have done had they assaulted an adult or teacher. Ask whether their parents would have accepted the grossly disrespectful behavior seen among many black youngsters on the streets and other public places using foul language and racial epithets.

Then ask why should today's blacks tolerate something our ancestors would not.

The sorry and tragic state of black education is not going to be turned around until there's a change in what's acceptable and unacceptable behavior by young people. The bulk of that change has to come from within the black community.

February 1, 2011 at 4:47 PM
William R. Barker said...

http://www.washingtonpost.com/wp-dyn/content/article/2011/02/01/AR2011020104097.html

Fourteen-year-old Spotsylvania High School [Virginia] [student] Andrew Mikel II used a plastic tube to blow small plastic pellets at fellow students in Spotsylvania High School. In one lunch period, he scored three hits.

School officials expelled [the high school freshman] for "possession and use of a weapon," and they called a deputy sheriff to the scene, said Mikel and his father, Andrew Mikel Sr.

* I REALLY WONDER WHAT PERCENTAGE OF OUR NATION'S "EDUCATORS" ARE... er... MORONS.

[Mikel] was charged with three counts of misdemeanor assault.

* NO ONE WAS HURT! NO ONE EVEN HAD A PIECE OF CLOTHING OR OTHER PROPERTY DAMAGED!

Spotsylvania school officials declined to comment on the incident, citing student confidentiality rules.

* SAME OLD BULLSHIT. I TELL YA, FOLKS... THESE "CONFIDENTIALITY RULES" NEED TO BE REINED IN.

But documents that the school produced when Mikel's father filed a Freedom of Information Act request show...school officials ruled that Mikel's plastic tube, which was fashioned from a pen casing, met the definition of a projectile weapon because it was "used to intimidate, threaten or harm others."

(*JUST SHAKING MY HEAD*)

School officials in some e-mails referred to the plastic casing as a "metal tube." The plastic pellets were called "B-Bs."

* SO IN OTHER WORDS... (*PAUSE*)... THEY JUST FLAT OUT LIED.

* THE SCHOOL ADMINISTRATORS RESPONSIBLE FOR THIS IDIOCY - FOR THIS OUTRAGE - SHOULD BE FIRED. PERIOD.

February 1, 2011 at 9:04 PM

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