Tag: law

It ain’t King of the Hill

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To put it simply: the person who lives in the White House isn’t the President of the United States. The President of the United States gets to live in the White House.

In early August, the Transition Integrity Project (TIP) released a report suggesting that President Donald Trump would not likely leave the White House without an unprecedented struggle. The TIP, a self-proclaimed “bipartisan” group of some 100 people, was entirely composed of those firmly opposed to President Trump. So what? I mean yes it would be terrible but come January 20, 2021 if he loses the election he won’t be POTUS anymore. So WHAT if he “refuses to leave the White House.” Occupying the property is irrelevant to our Constitutional power structure. No problem.

I grew up the son of (among other wonderful things) a football announcer. So I learned the game. I learned the RULES of the game at all it’s levels. I know the difference between OHSAA, NCAA and NFL. I dote over the “innovative” rules of new leagues. So when something weird happens on the field I don’t freak out. Because I know there’s a rule that covers it. I might not LIKE the rule. I might not agree with the outcome dictated BY the rule. But there’s a rule. And knowing adds to my enjoyment of the game.

What does the second ‘graph have to do with the first? Well, there are rules. We’re gonna have an election with an result unknown for DAYS. Weeks and months are not out of the question. But what happens if? And I’m hearing more and more people spouting nonsense about “what happens if” who have no idea that the rules for “what happens if” have already been written.

What happens if Biden or Trump or both die before election day? It’s in the rules. What happens if there’s a tie in the EC? It’s in the rules. Who gets to decide what? It’s in the rules.

So instead of adding to the insanity that IS 2020, cool your jets. Posit your “what of.” Then do a little research and find out what the rules say. You might not LIKE the rule. You might not like the outcome dictated BY the rule. But there’s a rule.

And it ain’t King of the Hill.

Makes my head hurt

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Hate to keep flagellating the deceased equine but DAMMIT this one’s important to me.

Voters Will Have a Chance To Save Ride-Sharing and Delivery Services From California’s Regulators

On a positive note, but not positive ENOUGH: Department of Labor Proposes New Rule Protecting the Right To Be a Gig Worker

WHAT COULD GO WRONG? Denver City Council approves delivery fee cap. Unintended consequences anyone? This is why those who leave blue state messes need to be told not to vote to create more blue state messes.

Frankencourt

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This just popped into my head so I wanted to blurt it out on the interwebs. Since it looks likely that we’re gonna re-do the Supremes soon let me suggest the following to REALLY mess things us.

Fifty judges. One from each state. Senators recommend candidate to the POTUS. POTUS can accept and send to the Senate, or reject and ask for another. Senate can then either consent or withhold consent. VP breaks ties. Require a minimum of 25 of them to be seated at any one time.

Oh. And repeal the 17th Amendment while we’re at it.

At the intersection

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No, not THAT kind. I’m talking the intersection of Rona and politics. The one 49 states created when they locked down. Yes, that means more aggravating aggregating.

Deaths NOT Covered In Media’s Daily Panic Porn.

Why Did New York Infect America With Coronavirus? New Report Blames Cuomo, de Blasio.

JUST CALL IT THE “CUOMOVIRUS:” Travel From New York City Seeded Wave of U.S. Outbreaks: The coronavirus outbreak in New York City became the primary source of infections around the United States, researchers have found.

FOR IT TO BE CIVIL DISOBEDIENCE, IT WOULD MEAN THEY HAD SOME AUTHORITY TO ORDER US AROUND. THEY DON’T. SO ALL THEY DESERVE IS: Civil Shoulder Shrug. Two more Ohio Courts of Common Pleas find against the Ohio Governor’s orders. I expect these to accelerate.

A lot of the anti-lockdown stuff is no longer timely in light of the responses to the BLM protests but legally actions taken by state governments will have far-reaching effects. A Pandemic Does Not Suspend the Rule of Law

IT’S ALWAYS IN THE LAST PLACE YOU LOOK: Eureka! The Left Discovers Tenth Amendment.

DAMN RIGHT: ‘Americans Don’t Get Ruled’ – Illinois Judge Unloads on Pritzker’s Stay-at-Home Order.

Protests Expose Lockdowns And Social Distancing Shaming As A Farce.

Related: ‘We’ve All Been Played:’ Bethany Mandel takes the Left and their ‘scandal of the century’ APART in just two brutal tweets.

Remember, Remember This Shit, Come November.

Rideshare is a riot

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Business still going well. Uber rides picking up. Eats holding steady. Lot’s of surges last week, many quite significant (over $5.) Lyfy pickups seem to be getting a little shorter but not much. And what with the Uber bonuses I don’t care.

People being overly friendly during the tension. I’ve only had one outward militant in my car – she was triggered when the daily curfew notice was received. Haven’t really been downtown since LAST Sunday and then it was mostly tourists. Have been inconvenienced by occasional small scale protesting but I have no problems with the whole assemble peaceably thing.

Meanwhile in Cali: San Francisco’s Economically Ignorant COVID-19 Response Seems like the entire state constantly treats reality as if it’s optional. Because this too: Coronavirus Has Devastated Uber and Lyft’s Business. Now California Is Suing Them.

Ten years ago: Rights don’t require you too steal from another human being.

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Gonna start pulling an occasional post from the archives. This one’s evergreen, from 4/15/10.

Ed Morrisy has a GREAT article over at Hot Air.

 The best takaway …

Rights cannot be confiscatory in a society that respects the individual right to property.  That’s why none of the enumerated rights in the Constitution involve confiscation.  Americans have the right to free speech, but they do not have the right to demand publication in a newspaper, nor do they have the right to demand that other people listen when they speak.  The right to free expression of religion does not involve occupying someone else’s church and using it to your own ends.  You have the right to keep and bear arms, but you do not have the right to demand free or publicly financed weaponry.  All of those examples involve confiscating someone else’s property or services, whether done through the government or by force individually.

That brings us to the notion of the “right” to health care.  As human beings, we want to see people succeed to the point where they can feed, clothe, and care for themselves independently, as that establishes true personal freedom.  However, none of us have the right to confiscate the services of a doctor or nurse without their consent, and without their ability to set a price for their time and expertise.  We don’t have the right to walk into a grocery story to demand apples when we’re hungry, either, although we should have access to the market without bias when we can properly compensate its owner for the goods.

They stab it with their steely knives ….

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Left wing politicians  are doing their best to KILL the gig economy. I’ve gotten away from my link-heavy aggregating but occasionally events dictate a return to tried-and-true methodologies.  So it is with the recent attacks of ride and room sharing apps.

California.  The worst of the bunch.  Passed a law to apply to ALL workers, then exempted pretty much everybody but rideshare drivers.

New York  Bitten again by the law of unintended consequences.  Most of the rides I give are pleasure trips.  But SO many are rides of necessity by working class folks who can’t afford a cab or other methods.

Colorado.   There’s a word for a political system under which people are allowed a veneer of property rights, but in which unaccountable government actually calls the shots.  Columbus is imposing a similar regime which I am opting out of, patiently awaiting the Constitutional challenges under the 1st, 4th, 9th, 10th and 14th Amendments.

Hawaii.  This one’s Federal but the Rep is Hawaiian.  It won’t go anywhere but the fact that it was even INTRODUCED is bad.

I cannot even begin to conceive of the tiny mind it takes to think that ANY of these are, on the whole, good, workable ideas.

 

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“Fixing” Congress

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So far Democrat POTUS candidates have proposed, among other things, turning state and local election supervision over to the Federal government, lowering the voting age, allowing illegal immigrants the right to vote, giving the Federal government the power of redistricting, packing the SCOTUS and doing away with the Electoral College. MOST of these changes require Constitutional amendment. Let me make it a lot easier on them.

Simply repeal the Apportionment Act of 1911. This set the number of Representatives in the U.S. House to 435. The Reapportionment Act of 1929 eventually set up the current method of allocating seats following a census. I have no problem with keeping the Webster Method of reapportionment although revisiting Hamilton/Vinton methodology might be propitious. No Constitution amending needed.

Rough result per 2010 Census: Wyoming 578k people still merit one Representative. The U.S. Population of 308m would result in 547 Representatives. This means an additional 112 electoral votes. Even better? Madison proposed twelve amendments to the Constitution in 1789. Ten became the Bill of Rights. One became the 27th Amendment. The twelfth was a reapportionment amendment which would result in one seat per 50,000 people. This would result in over 10,000 in the House of Representatives. Was ONE state short of ratification in 1791. It’s still an open issue. Eleven states have ratified it. Only twenty-seven more need to. LET ‘ER RIP! Want every vote to count? This would go a long way towards that. And would make legislative capture a MUCH harder goal.

And what do I want in return? Repeal the 17th Amendment. BWAHAHAHAHA!