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: Regulations

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 The Constitution does not require [city] governments to stick with outdated protectionist regulations in the face of technological innovation.”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

Keep Reading…

Trump Administration Tips Its Hand, Oks Third Greek Bailout

This article appeared online at TheNewAmerican.com on Monday, April 17, 2017:

It took EURACTIV, the online source that focuses on European policymaking, to report that the Trump administration has signaled that, previous protestations to the contrary, it won’t object to a third Greek bailout. The anonymous Trump administration tipster told its reporters: “We’re looking for the Europeans to help Greece to resolve its economic problems by the Fund [the International Monetary Fund], despite the criticism of many Republicans regarding the two previous bailout programs in 2010 and 2012.”

This anonymous tip kicks to the curb protestations voiced by Trump’s Secretary of the Treasury Steven Mnuchin in February that

Keep Reading…

Is Trump Pulling a Pruitt – Putting an Anti-Ex-Im Exec in Charge of the Bank?

This article was published by The McAlvany Intelligence Advisor on Monday, April 17, 2017:

English: Export-Import Bank of the United Stat...

Many were surprised when President Trump named the EPA’s fiercest enemy – Oklahoma Attorney General Scott Pruitt – to head up the agency. For years Pruitt has raged against the agency for overstepping its bounds and writing rules, mandates, and regulations that negatively impacted the fossil fuel industry. He sued the agency more than a dozen times in the last eight years.

What was Trump thinking?

Keep Reading…

The Clock is Running Out on Trump’s Use of the CRA

This article was published by The McAlvany Intelligence Advisor on Friday, April 7, 2017:

English: blue scissors Español: tijeras azules

The beauty of the CRA, the Congressional Review Act, is that it provides a process by which an incoming administration can look back at the previous administration’s rules and regulations and repeal, neuter, or abandon those it doesn’t like. In addition, once a rule has been repealed, the CRA prohibits it from growing back again. Call it “Roundup” 2.0 for political weeds and unwanted grasses.

What’s remarkable is that, since its enactment in 1996 as part of the Republicans’ Contract with America, it has only been used once: by George W. Bush. Congress passed five CRA resolutions under Obama but he vetoed them all. For him, no government was too big nor any regulation too outrageous.

When Marc Short, Trump’s Director of Legislative Affairs, was given the mike at the White House press conference on Wednesday, he spoke at length about the president’s aggressive use of the CRA to turn back a few of the many hundreds of burdens applied to businesses by the previous administration. Before taking questions Short said:

Keep Reading…

Trump Uses CRA to Roll Back Obama Rules

This article appeared online at TheNewAmerican.com on Thursday, April 6, 2017:

President Donald Trump will be signing legislation to overturn a rule that the previous administration put in place prohibiting states from blocking federal grant money to abortion providers, including Planned Parenthood. The announcement was made during Wednesday morning’s press conference and will affect some $300 million of federal money this year.

The president has already signed legislation repealing or neutering 11 such rules left over from the Obama administration, with two more pending and a couple more working their way through Congress. There’s a time clock running: the Congressional Review Act (CRA), which allows a 60-day “lookback” on the previous administration’s rules, runs out on April 28.

The leftist DailyKos celebrated the collapse of RyanCare but warned its progressive audience that these small victories using the CRA are mounting up:

Keep Reading…

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:

Keep Reading…

Coal Making a Comeback, Thanks to Trump

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

English: Powell Valley, as viewed from Benges ...

Powell Valley, as viewed from Benges Gap in Wise County, Virginia.

The coal comeback in Appalachia appears to be significant, according to Fox News’ Johnny Giles, following interviews with miners in Wise County, Virginia, the very heart of Appalachian coal country. He observed, “The past month has seen a resurgence of the coal industry that once formed the backbone of the region’s economy, and locals credit President Trump’s aggressive, pro-energy agenda.”

Early in his campaign, Trump made a promise that some wrote off as campaign rhetoric. Now 40-plus days into his administration, it’s clear that he intends to keep, as far as we can tell, many of those promises. He stated:

Keep Reading…

Trump’s 2018 Budget Won’t Touch Social Security, Medicare

This article appeared online at TheNewAmerican.com on Monday, February 27, 2017:

English: The standard Laffer Curve

The standard Laffer Curve

Treasury Secretary Steven Mnuchin said on Fox News on Sunday that cuts in entitlement programs — i.e., Social Security and Medicare — won’t appear in the president’s budget: “We are not touching those now. So don’t expect to see that as part of this budget, OK? We are very focused on other aspects and that’s what’s very important to us.”

Trump’s budget for fiscal year 2018 (starting October 1, 2017) is expected to be presented to the House on Monday, March 13, just two weeks away. And there are a lot of moving parts that must be glued into place before then.

Those parts include

Keep Reading…

Union Influence Fades as Right-to-work Gains Momentum

This article appeared online at TheNewAmerican.com on Tuesday, February 21, 2017:  

English: Economic regions of California, as de...

When Rebecca Friedrichs, the lead plaintiff in a lawsuit against the California Teachers Association, learned in June that the Supreme Court denied her petition to rehear her complaint over the union extracting dues from her paycheck without her consent, she declared:

My heart is broken for America’s children and families, as their teachers will continue to be forced to fund policies and highly political collective bargaining processes which place the desires of adults above the rights and needs of children.… I’m optimistic [that] we can continue … to restore First Amendment rights to teachers and other public sector workers. Our kids are worth the fight!

Terry Pell, president of the Center for Individual Rights, the public-interest law firm representing Friedrichs, agreed:

Keep Reading…

Heritage Foundation Blames Obama Admin. for America’s Economic Decline

This article appeared online at TheNewAmerican.com on Wednesday, February 15, 2017:

The Heritage Foundation minced no words in commenting on its latest Index of Economic Freedom: America’s continuing decline is all Obama’s fault:

America’s standing in the index [now in 17th place, the lowest in history] has dwindled steadily during the Obama years. This is largely owed to increased government spending, [increased] regulations, and a failed stimulus program that enriched the well-connected while leaving average Americans behind.

For the ninth time in 10 years, America’s index has lost ground. Coming in above 80 in 2008, the United States’ current index is barely above 75, tying it with

Keep Reading…

Trump Has Great Opportunity to Influence U.S. Jurisprudence

This article appeared online at TheNewAmerican.com on Wednesday, February 15, 2017:

English: The United States Supreme Court, the ...

The United States Supreme Court, the highest court in the United States, in 2010.

In his acceptance speech at the Republican National Convention after becoming the Republican nominee for president, then-candidate Donald Trump reiterated the importance of the replacement of deceased Supreme Court Judge Antonin Scalia, stating, “The replacement of our beloved Justice Scalia will be a person of similar views, principles and judicial philosophies. Very important. This will be one of the most important issues decided by this election.”

Following Trump’s election victory in November, liberals voiced shock and consternation, especially in light of the Republican Party maintaining its majority in the branch of the legislature tasked with confirming Scalia’s replacement — the Senate. Nina Totenberg of National Public Radio declared that

Keep Reading…

Number Two at ATF Offers Options to Reduce Firearms Regulations

This article appeared online at TheNewAmerican.com on Tuesday, February 7, 2017:  

English: Official logo for the ATF

Ronald Turk, the associate deputy director (chief operating officer) of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), created an internal 11-page document intended for “eyes only” at the bureau: “Options to Reduce or Modify Firearms Regulations,” dated January 20, 2017. The Washington Post obtained a copy and was astonished at its contents:

Keep Reading…

Jobs Report: Across-the-board Growth, Except for Government

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

Friday’s jobs report from the Labor Department’s Bureau of Labor Statistics (BLS) for January surprised on the upside in almost every category with job growth of 227,000 new jobs, beating economists’ predictions by more than 50,000. The report reflected numbers from the week before President Donald Trump was inaugurated, and showed growth in every major category, including manufacturing. On the flip side, government employment dropped by 10,000 jobs.

This is the best jobs report in the last four months, and exceeds 2016’s average monthly jobs growth of 187,000. Construction added 36,000 jobs, retail trade added 46,000 jobs, financial services grew by 32,000 jobs, professional and business services increased by 39,000 jobs, education and health services jumped by 24,000 jobs, leisure and hospitality added 34,000 jobs, and manufacturing added 5,000 jobs.

The job market was attractive enough to entice those not in the work force to begin to look for work once again, increasing the workforce participation rate. The labor force increased by 584,000 in January while wages continued to increase, rising 2.5 percent over the past year, and long-term unemployment dropped.

The report reflected a positive change, especially in manufacturing versus government. Over the last year the manufacturing sector lost 46,000 jobs while government employment under the Obama administration jumped by 162,000 jobs. Future reports from the BLS will confirm whether the January reversal has legs.

The January report is merely a snapshot of an economy in transition, which makes it difficult to draw long-term conclusions. Part of its rosy tone may reflect anticipation of the fulfillment of Trump’s promises, such as repealing ObamaCare, cutting taxes and regulations, and removing executive-order impediments that flowed from Obama’s pen especially as he was making his exit.

A broader picture suggests that, as good as the report is, the underlying economy is doing even better. Baby Boomers are exiting the jobs market and retiring at an estimated 10,000 every day. That’s nearly four million leaving the workforce every year. And it could continue for years as the Baby Boomer cohort exceeds 75 million.

There’s also the factor of robotics increasingly replacing jobs as cost-cutting continues to drive automation, along with the push from minimum-wage laws. And yet the jobs report reflected a growing economy that is able to overcome those negatives.

In addition, there is the difficulty of measuring exactly how many people are working and for whom. The Wall Street Journal raised the issue in its recent report “The End of Employees,” which said, “Never before have American companies tried so hard to employ so few people.” The problem, said the Journal, is that “no one knows how many Americans work as contractors, because they don’t fit neatly into the job categories tracked by government agencies [such as the BLS].”

For example, Southwest Airlines has about 53,000 real full-time, full-benefits employees, but another 10,000 outside employees. Google’s parent Alphabet uses contract staff from various outside staffing agencies such as Zenith Talent, Filter, and Adecco, running up an annual bill for those services in excess of $300 million. When Todd Gibbons, CEO of the Bank of New York, was quizzed on the matter, he responded, “It’s just too hard to tell exactly what’s going on with [our] head count and how people compute it and whether [we’ve] got contractors versus full-time employees.” If he doesn’t know how many people work for BNY, how would the BLS know?

What is clear is that January’s report, if it is sustained in the months ahead, reflects the new paradigm emanating from Washington: one of support and encouragement backed by real efforts to unleash the free market by removing some (many) of the impediments placed before it by previous administrations.

Trump’s Regulatory Executive Order: One In, Two Out

This article appeared online at TheNewAmerican.com on Monday, January 30, 2017:

Official Portrait of President Ronald Reagan

White House officials described President Donald Trump’s Executive Order for “Reducing Government Regulations and Controlling Regulatory Cost” as Trump’s “one in, two out” plan: For every regulation promulgated by a federal agency, that agency must “identify” two existing regulations to be targeted for extinction.

The order also sets a cap of $0 for the cost of new regulations, with the only exceptions being military and national security regulations. The president said when signing the order,

Keep Reading…

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.

Is Obama Worst U.S. President?

This article appeared online at TheNewAmerican.com on Friday, January 20, 2017:

English: President Barack Obama's signature on...

President Barack Obama’s signature on the health insurance reform bill at the White House, March 23, 2010.

If one asks Joe Hoft, a corporate executive with a Fortune 300 company based in Hong Kong about President Obama’s economic policies during his eight years as president, he will note that Obama “currently ranks as the fourth worst president on record in GDP growth.” At just 1.45 percent average annual GDP growth over those eight years, only Herbert Hoover (minus 5.65 percent), Andrew Johnson (minus .7 percent) and Theodore Roosevelt (1.4 percent) have worse records. However, “Barack Obama will be the only U.S. president in history who did not deliver a single year of 3.0 or better percent growth.”

Hoft will remind us that

Keep Reading…

Obama’s Rush to Leave a Legacy Leaves a Mess Instead

This article appeared online at TheNewAmerican.com on Tuesday, January 17, 2017:

English: Barack Obama delivers a speech at the...

Goodbye

In Greek mythology Augeas is best known for his stables, which housed 3,000 head of cattle. The stables hadn’t been cleaned for 30 years, and Heracles’ job — to keep working until he had cleaned the stables entirely — was deemed impossible, as the cattle were immortal.

Happily President-elect Donald Trump’s challenge to undo egregious Obama administration actions isn’t as overwhelming as Heracles’. Consider Obama’s parting gift of

Keep Reading…

Federal Investigation Into Chicago Police Following Same Pattern as Baltimore

This article appeared online at TheNewAmerican.com on Friday, January 13, 2017:

The federal Department of Justice’s final report of its “Investigation of the Chicago Police Department” was released on Friday and, as expected, it sounded very similar to the one it completed on the Baltimore Police Department. That investigation led to a consent decree approved by Baltimore’s City Council on Thursday. There’s no reason to doubt the same outcome in Chicago.

From the Chicago report:

Keep Reading…

Ford Cancels Plans for Mexico Plant, Shifts 700 jobs to United States

This article appeared online at TheNewAmerican.com on Wednesday, January 4, 2017:  

English: Ford Motor Company Headquarters, Dear...

Ford Motor Company Headquarters, Dearborn, Mi.

When Bill Ford, Ford Motor Company’s executive chairman, called President-elect Donald Trump on Tuesday to inform him of his company’s decision to cancel its plans to build a new plant in Mexico and instead shift some of those new jobs to Michigan, liberal eyebrows were raised. Was this a “capitulation” to Trump? Was it a “sell-out?” Was it a “peace offering?”

CNN’s Poppy Harlow interviewed Ford’s president and chief operating officer Mark Fields following the company’s announcement, attacking him mercilessly with loaded questions. She peppered him with insinuations that

Keep Reading…

Trump Names Jay Clayton, Quintessential Wall Street Lawyer and Goldman Sachs Advisor, to Head SEC

This article appeared online at TheNewAmerican.com on Wednesday, January 4, 2017:

English: Logo of The Goldman Sachs Group, Inc....

In announcing Jay Clayton as his pick to run the Securities and Exchange Commission (SEC), President-elect Donald Trump issued a statement that was both laudatory and a thinly veiled warning to Clayton: “Jay Clayton is a highly talented expert on many aspects of financial and regulatory law, and he will ensure our financial institutions can thrive and create jobs while playing by the rules at the same time.”

And then, as if quoting from the job description Trump no doubt created as he was sorting through prospective picks for the position:

Keep Reading…

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