Have nothing to do with the [evil] things that people do, things that belong to the darkness. Instead, bring them out to the light... [For] when all things are brought out into the light, then their true nature is clearly revealed...

-Ephesians 5:11-13

Tag Archives: bureaucrat

Supreme Court’s Non-decision Expands Passenger Ridesharing Freedom

This article appeared online at TheNewAmerican.com on Thursday, April 27, 2017: 

By declining to hear an appeal, the Supreme Court on Monday essentially declared that rules protecting the taxi cartel in Chicago were null and void, thus expanding passenger freedom. As an attorney with the Institute for Justice (IJ), which represented Chicago Uber driver Dan Burgess, explained: “Today’s decision makes clear what [IJ] has said for years. The Constitution does not require [city] governments to stick with outdated protectionist regulations in the face of technological innovation.”

When Uber and other ride-sharing companies entered the Chicago market several years ago, they soon became a thorn in the side of the taxi cartel that had operated under protectionist rules dating back to 1937. Those rules

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New York Times Rails Against South Carolina’s Bill for Constitutional Carry

This article appeared online at TheNewAmerican.com on Tuesday, April 18, 2017:

English: Official photo of SC Attorney General...

Governor Henry McMaster of South Carolina

Implying that all South Carolinians are rednecks interested only in carrying sidearms recklessly, the New York Times’ unwelcome but predictable insertion into the debate currently taking place in South Carolina’s state senate might impact its outcome.

Two weeks ago the state House passed H3930, a bill that would grant all citizens the freedom to carry a firearm — concealed or open — without first having to obtain governmental permission to do so. The vote was 64-46, and the measure moved to the Senate for consideration.

If the bill passes, South Carolina’s Governor Henry McMaster has said he would sign it into law. That would make it the 15th state to have some form of “constitutional carry,” as the momentum toward gaining full Second Amendment rights continues across the land.

A spokesman for the governor said,

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AG Sessions Requests Delay in Implementing Baltimore PD’s Consent Decree

This article appeared online at TheNewAmerican.com on Tuesday, April 4, 2017:

Baltimore Police Department

Eight days before the end of the Obama administration, Attorney General Loretta Lynch announced the final approval of an agreement allowing the Department of Justice to meddle in the affairs of the Baltimore Police Department. It only required approval from a judge for the agreement to become cemented into place.

Trump’s new attorney general, Jeff Sessions, asked the judge, U.S. District Judge James Bredar, to delay making his decision for 90 days so that the Justice Department, now operating under new guidelines from the president, could have time to “review and assess” it before its implementation.

The request came just hours after Sessions issued a memorandum to his department’s lawyers to “ensure” that any such consent decrees

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Venezuela’s Marxist Dictator Orders Arrest of Bakers Making Croissants

This article appeared online at TheNewAmerican.com on Friday, March 17, 2017:

Português: Brasília - O chanceler da Venezuela...

Four bakers trying to make ends meet were arrested earlier this week in Caracas, the capital of Venezuela, a country that was once one of South America’s premier economic powerhouses. Venezuela’s ruler, Nicolas Maduro, mandated that 90 percent of scarce flour be turned into bread, which must be sold at a loss, rather than higher-priced sweet bread, ham-filled croissants, pastries, and cakes.Two bakers apparently broke this law, and two used out-of-date wheat for brownies. At least one baker will have his bakery taken over by the government for 90 days. The bakers, operating under Maduro’s mandates that they use government-imported wheat for flour to bake bread and sell it below their costs, were on survival mode, as are most of the people living in Venezuela’s socialist paradise.

Maduro, rather than to take the justified blame for the economic malaise that his socialist policies have caused, has dreamed up all manner of straw men to blame for the country’s woes, starting with

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Trump Protects Gun Rights of Social Security Beneficiaries

This article appeared online at TheNewAmerican.com on Friday, March 3, 2017:

Image of the Bill of Rights (United States Con...

Image of the Bill of Rights (United States Constitution) cropped to show just the Second Amendment.

President Donald Trump kept another of his campaign promises on Tuesday by signing into law House Joint Resolution 40, rejecting a final rule submitted by the Social Security Administration. That rule would have infringed upon precious rights protected by the Second and Fifth Amendments to the Constitution. The White House explained the dangers of the SSA rule had it been implemented:

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Congress Plans to Repeal Obama Rules Through Congressional Review Act

This article appeared online at TheNewAmerican.com on Thursday, January 26, 2017:

To facilitated mining of a coal seam in Gillet...

To facilitate mining of a coal seam in Gillette, Wyoming, blasting was used to loosen the coal after the overburden was removed. Approximately half a million tons of coal in a seam 80 feet thick was loosened by this single blast.

House Majority Leader Kevin McCarthy explained in an op-ed in the Wall Street Journal on Tuesday just how Congress is planning to roll back numerous egregious and harmful rules promulgated by the Obama administration: the Congressional Review Act (CRA). The CRA was included in the “Contract With America Advancement Act of 1996” and allows Congress to review, and to cancel by majority rule, new federal regulations issued by federal agencies. There’s a window of 60 “legislative” days to disapprove, which explains some of the Trump administration’s haste in pushing to repeal them. Once passed by both houses, repeals then become effective with President Donald Trump’s signature.

There are plenty of targets, but McCarthy focused on just three: the Interior Department’s Stream Protection Rule impacting the coal-mining industry, new methane gas regulations that would cost up to $1 billion and force many small energy developers out of business, and the Social Security Administration’s new rule that states that if a S.S. recipient needs a third party to manage his finances, he will be added to the gun background check list.

The CRA shouldn’t be necessary. If Congress hadn’t unconstitutionally allowed power it alone possesses under the Constitution to make laws to pass over to the executive branch’s various and sundry regulatory agencies, the problems with the Obama administration’s overreach wouldn’t exist in the first place. Those agencies have grown into Leviathan, issuing rules, regulations, and mandates far beyond those imagined by Congress. Now Congress is in the backward position of having to limit the regulations pouring out of that unconstitutional “fourth branch” of government. The child is now threatening its parent.

Parsing the language of the Interior Department’s rules on its expanded regulation of coal miners proves the point:

Under [the Surface Mining Control and Reclamation Act of 1977], the regulatory authority may not approve a permit application [from a coal mining company] unless the application demonstrates, and the regulatory authority finds, that the proposed operation would not result in material damage to the hydrologic balance [i.e., streams and rivers] outside the permit area.

How does a coal mining company, in its application, “prove” a negative? How does it satisfy a bureaucratic unelected unaccountable and invisible agency that it will cause no harm, or at least not enough harm to avoid trespassing on that agency’s environmental sensitivities? What assurance does a coal mining company have that said agency won’t change the rules arbitrarily and capriciously in the future? Would not such future uncertainty tend to dampen said coal company’s interest in developing its reserves?

Similar charges could be levied against the federal agency issuing its rules on methane emissions, but the best example of egregious overreach is the Social Security Administration’s new rule that allows it to “deem” who shall have his or her name entered into the National Instant Criminal Background Check System (NICS) based on whether or not they receive third-party assistance in managing their finances. Here’s what the SSA says it will do:

We will identify, on a prospective [in the absence of evidence of any proclivity towards criminal activity] basis, individuals who receive Disability Insurance benefits … or Supplemental Security Income (SSI) payments … who meet certain criteria, including … a finding that the individual’s mental impairment meets or medically equals [various] requirements.

And just how, pray tell, would such “identification” take place? The SSA responds:

If we have information that the beneficiary has a mental or physical impairment that prevents him or her from managing or directing the management of benefits, we will develop the issue of capability.

And just how is that “issue of capability” to be determined? Again, the SSA provides the guidelines its bureaucrats should follow in making that determination:

Does the individual have difficulty answering questions, getting the evidence or information necessary to pursue the claim, or understanding explanations and reporting instructions?

 

If so, do you think this difficulty indicates [that] the beneficiary cannot manage or direct the management of [his or her] funds?

If the answer, by this nameless, faceless unaccountable bureaucrat, is yes, his or her name is entered into the NICS.

The agency then condescends to tell the soul who just had his Second and Fourth Amendment rights under the Constitution obliterated that they have just done so, and that if he cares to contest this arbitrary and capricious decision by said unnamed bureaucrat, he is free to hire an attorney and seek redress. Guilty until proven innocent.

Where is due process? Where is the beneficiary allowed to defend himself or explain himself or offer an explanation? What happens to the right to face his accuser in a court of law?

When Chris Cox, executive director of the National Rifle Association’s Institute for Legislation Action (NRAILA), learned of McCarthy’s plan of attack to repeal this particular rule, he was delighted:

Congress’ decision to review the Obama administration’s back-door gun grab is a significant step forward in restoring the fundamental Constitutional rights of many law-abiding gun owners.

 

The NRA has been fighting this unconstitutional government overreach since it was first discussed, and we look forward to swift congressional action to overturn it.

Those in the energy industry will likely be equally ebullient once Congress has righted the wrongs imposed by federal agencies on its businesses. Representative Greg Walden (R-Ore.), chair of the House Energy Committee, told Reuters that using the CRA will not only wipe out entire regulations but forbid them from writing new versions in their place.

In effect Congress’ use of the CRA will be equivalent to hacking off some of the branches of the Fourth Branch’s tree, but leaves the trunk and the root intact. It’s a start, but only a start.

Social Security uses “Nuremberg Defense” to Explain Why it Wants to Add Beneficiaries to the NICS

This article was published by The McAlvany Intelligence Advisor on Monday, December 26, 2016:  

The defendants at Nuremberg Trials

The defendants at Nuremberg Trials

The Nuremberg Defense was developed following the Second World War in an attempt to reduce the sentences of those convicted of heinous crimes ordered by their superiors. The Social Security Administration (SSA) used a variation to deflect criticism over its “final” rules regarding adding names of certain beneficiaries to the NICS – the National Instant Criminal Background Check System:

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Social Security Issues Final Rules Removing Beneficiaries’ Gun Rights

This article appeared online at TheNewAmerican.com on Saturday, December 24, 2016:  

Thank God for Mental Illness

The Social Security Administration (SSA) announced on December 19 that it had “finalized” its rules regarding who will have their names added to the National Instant Criminal Background Check System (NICS). This was after the proposed rules published in April received more than 90,000 responses, mostly negative, from the public. The National Rifle Association (NRA) opposed the proposed rules for numerous reasons and urged its members to protest them.

The new rules now allow the SSA to

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Trump Adds to His List of Advisors

This article appeared online at TheNewAmerican.com on Thursday, November 10, 2016:  

English: Deck of cards used in the game piquet

In March, Donald Trump trotted out an early list of foreign-policy advisors on whom he would be relying if he were elected president. In an interview with the Washington Post, Trump said, “I can give you some of the names … Walid Phares, who you probably know, PhD, adviser to the House of Representatives Caucus, and counter-terrorism expert; Carter Page, PhD; George Papadopoulos — he’s an energy and oil consultant, excellent guy; the Honorable Joseph Schmitz, [former] inspector general at the Department of Defense; [retired] Gen. Keith Kellogg; and I have quite a few more.”

In August he added “quite a few more” and then, the day after he was elected, Trump added still more, this time in the economic policy area.

There are at least four “wild cards” in the deck that Trump is building,

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Congress Pushes Back Against Gunsmith Edict

This article appeared online at TheNewAmerican.com on Monday, October 3, 2016:  

English: Gunsmith counter at H&H Shooting Spor...

Last week, House Minority Whip Steve Scalise (R-La.) and Senator Steve Daines (R-Mont.) introduced a bill in their respective chambers that would effectively rescind the State Department’s “guidance” issued in July that would have forced many small gunsmiths out of business. The bill is not a direct confrontation but a demand that the authority of the State Department be transferred to the less anti-gun and more business-friendly Department of Commerce, according to Scalise:

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Michel Temer, Brazil’s New President, Faces Massive Challenges

This article appeared online at TheNewAmerican.com on Thursday, September 1, 2016:  

English: The newly elected president of the Ch...

Brazil’s new president, Michel Temer

Just after being sworn in as Brazil’s new president, and just before jetting off to the G-20 meeting in China to hobnob with the global elites, Michel Temer took time on Wednesday to make a promise to Brazilians: “From today on, the expectations are much higher for the [new] government. I hope that in these two years and four months [when his term ends in 2018], we do what we have declared: put Brazil back on track.”

That’s an expression more of hope than reality: Little is likely to change except the name of Brazil’s president. Temer faces challenges that would stagger Godzilla:

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Apple’s Issue With EU Order to Pay $14.5B Tax to Ireland Is About Sovereignty

This article appeared online at TheNewAmerican.com on Wednesday, August 31, 2016:  

Tim Cook, Apple COO, in january 2009, after Ma...

Tim Cook, Apple CEO

Apple’s CEO Tim Cook sharply criticized the European Commission’s Thursday ruling that his company must pay $14.5 billion in taxes to Ireland for what it said were illegal tax breaks. Cook explained that as the world’s largest company his is also the world’s largest taxpayer. He reminded his customers that Steve Jobs rescued the town of Cork, Ireland, from a failing economy when he opened an Apple factory there in 1980:

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The Coming Puerto Rican Bailout

This article appeared online at TheNewAmerican.com on Monday, August 29, 2016:  

On or before September 1, President Obama will complete the eight appointments to the oversight board created when he signed PROMESA (Puerto Rico Oversight, Management and Economic Stability Act) into law on June 30. Those already on the board include Republican Senators Orrin Hatch and Marco Rubio, Democrat Senator Bill Nelson and Congresswoman Nydia Velázquez.

In theory the board will have the power to override the island’s government, delay litigation, fire government workers, and “suggest” other ways the island can begin to recover from its present economic implosion. It has been described as a “de facto” Chapter 9 bankruptcy. In practice it is likely that,

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Latest CBO Report “Grim”; Offers No Solutions to National Debt

This article appeared online at TheNewAmerican.com on Friday, July 15, 2016:  

Ida May Fuller, the first recipient

Ida May Fuller, holding the first check from the Social Security Administration

On Tuesday, the Congressional Budget Office (CBO) published its annual report on the country’s long-term budgetary and financial outlook. One need only to see the chart on Page One of the report to see why CBO’s Justin Bogle said the outlook was “grim”: It shows government spending growing so much more quickly than anticipated revenues that annual deficits will likely triple in the next 30 years, if not sooner. Bogle called this scenario unsustainable.

For the first time, the CBO built into its assumptions the projected impact of ObamaCare, the country’s declining birth rate, the explosion of Baby Boomers demanding benefits from Social Security and Medicare over that period, plus Boomers’ increasing life expectancies and the increasing costs of providing them healthcare along the way.

It also assumed that government debt will

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Resurgence of Nationalism Following Brexit Making Insiders Nervous

This article appeared online at TheNewAmerican.com on Thursday, June 29, 2016:  

European Council on Foreign Relations

The first successful pushback against the machinations of the New World Order elites last week was followed by much hand-wringing, second-guessing, and suggestions that the citizens of Great Britain didn’t know what they were doing and should take a mulligan (golf term: a do-over). The Wall Street Journal published a timeline of the exit process, which could take as long as two years.

Calling it a potential “multi-year tussle,” that process has the global elites in a pickle:

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Federal Judge: BLM Rules on Fracking Are Illegal

This article appeared online at TheNewAmerican.com on Monday, June 27, 2016:

English: Bureau of Land Management logo

An Obama-appointed federal judge ruled last Tuesday that the Interior Department and its agency the Bureau of Land Management overreached its authority in issuing rules on fracking. He declared: “Congress has not delegated to the Department of the Interior the authority to regulate hydraulic fracturing [fracking]. [Its] effort to do so through the Fracking Rule is in excess of its statutory authority and contrary to law.”

When the Fracking Rule was originally published by the BLM in March 2015, the Independent Petroleum Association of America immediately filed suit, which was joined by the states of Wyoming, Colorado, North Dakota, and Utah. Federal Judge Scott Skavdahl, the same judge who ruled on Tuesday, placed a temporary injunction on implementing that rule until he had time to review it in detail. That temporary injunction would have expired last Friday.

Skavdahl didn’t consider the Fracking Rule itself, which would have allowed government bureaucrats to swam all over some 100,000 oil and gas wells on federal lands while checking for water and chemical leaks; inspecting piping and tubing; and making sure all the new paperwork was in order, which includes listing publicly the various chemicals used in the fracking process. Instead he got to the core issue: Did the Interior Department and its BLM have authority to issue such regulations in the first place?

He said no:

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Federal Judge: BLM Tries to Pull an “End Run” Around Congressional Limitations

This article was published by The McAlvany Intelligence Advisor on Monday, June 27, 2016:

English: Oil well An oil rig used for training.

Scott W. Skavdahl was nominated as judge of the United States District Court for the District of Wyoming by President Obama in February, 2011. The Senate voted 96-0 to confirm him in November. If Obama thought he had a friend he could rely on he was sadly mistaken. On Tuesday, June 21, Skavdahl came down hard on the BLM, accusing it of deliberately and intentionally ignoring Congressional intent when it prohibited the EPA from regulating fracking back in 2005:

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What is the Definition of Tyranny? Ask the Bureaucrats in the Social Security Administration

This article was published by The McAlvany Intelligence Advisor on Monday, June 13, 2016:  

The Founders, the beneficiaries of a classical education that far exceeds that present in the United States, knew the enemy of freedom intimately. George Washington said that “Government is not reason. It is not eloquence. It is force. Like fire, it is both a dangerous servant and a fearful master.” Thomas Jefferson expressed it differently:

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Puerto Rico Bailout Deceptively Called “Restructuring”

This article appeared online at TheNewAmerican.com on Friday, May 20, 2016:  

Corcho Beach in Vieques island, Puerto Rico.

Corcho Beach in Vieques island, Puerto Rico.

Hidden behind the tentative agreement announced by House Speaker Paul Ryan on Thursday that would allow Puerto Rico some breathing room over its massive $73-billion national debt are the bailouts that are already in place.

The agreement is based on the bill by Rep. Rob Bishop (R-Utah) that creates another government bureaucracy to oversee the orderly “restructuring” (read: massive haircut for PR’s bondholders). When he presented his bill, Bishop said it would “give Puerto Rico access to a court-enforced debt restructuring in exchange for the imposition of a federal fiscal oversight board.”

Ryan said the agreement would allow the island territory to

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Brazil’s Interim President Says “Trust Me,” Installs Corrupt Bureaucrats

This article appeared online at TheNewAmerican.com on Monday, May 16, 2016:  

Upon taking over Brazil’s presidency from disgraced former President Dilma Rousseff on Thursday, interim president Michel Temer asked his skeptical citizenry to “trust” him, saying that his new administration would be Brazil’s “salvation”:

Trust me. Trust the values of our people and our ability to recuperate the economy…. It is essential to rebuild the credibility of the country abroad to attract new investments and get the economy growing again…. It is urgent to restore peace and unite Brazil. We must form a government that will save the nation…. It’s urgent to seek the unity of Brazil. We urgently need a government of national salivation.

Even if he truly intended to do any of that, the challenges he faces almost defy description.

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Many of the articles on Light from the Right first appeared on either The New American or the McAlvany Intelligence Advisor.