February 11, 2014
— DrewM Peter Wehner and Michael Gerson are two liberals pretending to be conservatives. They are veterans of the George W. Bush who are working very hard to bring back "compassionate conservatism" and present it as actual conservatism. You can read about Wehner's inability to understand conservatism here, Gerson's announcement that the GOP needs to become more liberal to attract amnestied Hispanics here. Most recently the duo combined to write a long and tedious piece about how conservatives need to give up on the idea of limited government and embrace the supposed constitutional underpinnings of the modern welfare state.
Charles Cooke and Wehner have been engaging in a back and forth about the Wehner/Gerson model for understanding the Constitution.
In his reply to Cooke, Wehner gives up the game that he actually believes in enumerated powers or constitutional restraints on the government.
As for the charge of embracing a “living Constitution”: It is one thing, and I believe quite a problematic thing, for judges to invent and create and impose on the public invented rights. But in the representative democracy the founders created, they certainly believed that within certain parameters the will of the people, ratified in election after election and by Congress after Congress, needed to be taken into account.
So if enough people vote for something often enough the Constitution doesn't matter. This would be the opposite of the point of having a Constitution. Some things are beyond the reach of the majority.
We can talk about the political realities of repealing Social Security another time (spoiler: math will do it for us) but the supposed principle Wehner lays down is not a principle in any recognized sense.
This is my problem with people like Wehner, Gerson and Andrew Sullivan...they conflate their personal views with what is right, necessary and ultimately, constitutional. They then go about privileging their personal predilections with all sorts of protections and erecting hurdles others might overcome to challenge their ideal policies.
Here's my test to determine how serious someone is about the Constitution...name a policy you would like to see either enacted or outlawed that is not supported by the Constitution and then admit it. I don't mean something silly like "I hate broccoli and think it should be outlawed" but something that goes to the heart of your politics and beliefs.
One example is some pro-life people admit the Constitution is silent on abortion and that a Right to Life amendment would be necessary to outlaw it at the federal level. This is a principled position that doesn't assert that using the tools of the left, usurping political power with the judicial.
Personally, I'm very concerned about the encroaching surveillance state. I hate those licence plate readers that police and other government agencies are using. I am very worried about the proliferation of "security" cameras and things like facial recognition software. What I can't do is figure out a legitimate constitutional argument against their use (at least as we currently know they are being used).
Do I think that we should elect people who will minimize, if not eliminate, these kinds of things? Yes because that's a policy question and that's for a elected officials to decide and be held accountable for.
If I took the Wehner/Gerson model I'd go about finding reasons why they should be found unconstitutional. All I'd need is a few nifty quotes from some founders and presto-chango! My preferred outcome wouldn't be the subject of mere politics but a bedrock constitutional principle that you all must respect and adapt to.
No matte what they might say the Wehner/Gerson approach has no limits to it. Why if we can just get enough votes we might be able to pass a law that Wehner/Gerson can no long publish their nonsense. Sure it would violate the First Amendment but according to their "principles" that doesn't matter.
Hey, maybe there approach isn't so bad after all.
Nah, loathe them as I do, my principles are more important to me than they are.
Posted by: DrewM at
07:08 AM
| Comments (267)
Post contains 687 words, total size 5 kb.
Better ditch your smart phone. And computer. And anything else electronic that is networked.
Posted by: Country Singer at February 11, 2014 07:14 AM (L8r/r)
Posted by: Bigby's Jazz Hands at February 11, 2014 07:15 AM (3ZtZW)
Mask defeats FRS everytime.
Posted by: EC at February 11, 2014 07:15 AM (GQ8sn)
Posted by: DangerGirl and her Sanity Prod (tm) at February 11, 2014 07:17 AM (waJ+2)
Posted by: Flatbush Joe at February 11, 2014 07:17 AM (ZPrif)
Posted by: artisanal 'ette at February 11, 2014 07:18 AM (IXrOn)
I find that the tin pie pans work great at keeping the surveillance state out of my head.
In a pinch, the disposable aluminum pie pans can do the job as well.
But in either case, finish the pie first. I don't know how many times Jill's had to clean meringue out of my 'do before I head out of the house.
Posted by: Joe Biden at February 11, 2014 07:19 AM (xvtYZ)
Personally, I'm very concerned about the encroaching surveillance state. I hate those licence plate readers that police and other government agencies are using. I am very worried about the proliferation of "security" cameras and things like facial recognition software. What I can't do is figure out a legitimate constitutional argument against their use (at least as we currently know they are being used).
I tried really hard to fight a random license plate stop on 4th Amendment grounds. Kept going back to court every time they reduced the fine and saying "fuck you, I want a trial". Because I wanted standing and I think it is unconstitutional. Weasels just dropped the case against me.
Posted by: Frumious Bandersnatch at February 11, 2014 07:19 AM (A0sHn)
srsly tho - I was thinking on the people that came to the US from places like the USSR and how they were always amazed and happy as little kids to be part of it all. Like how it blew them away we had all this stuff and were free and all - an inner feeling you can't really touch.
Then I was thinking about this survellance/police State thing and how I might feel in a place that had none of that. I dunno. Best outcome might be one of those EMPs we keep getting instructed to be scared of.
Posted by: Bigby's Jazz Hands at February 11, 2014 07:20 AM (3ZtZW)
>>>Mask defeats FRS everytime.
There's prolly money to be made doing stuff like IR diodes in ties and hats and collars in jackets, etc.
Posted by: Bigby's Jazz Hands at February 11, 2014 07:21 AM (3ZtZW)
Posted by: sound awake at February 11, 2014 07:21 AM (pk/NG)
The surveillance state is a good point. Unless there is an expectation of privacy the government can watch. Take, for example drones - aka unmanned arial vehicles. What is so bad about them that isn't shared by a manned aircraft? That they are smaller and cheaper? There isn't anything unconstitutional about them that I can think of.
Posted by: Mikey NTH - President's Day Sale - All Red Hot Rage 15% Off! at February 11, 2014 07:22 AM (hLRSq)
Posted by: Anna Puma (+SmuD) at February 11, 2014 07:23 AM (Z/g31)
Posted by: [/i][/b][/u][/s] Tami at February 11, 2014 07:23 AM (bCEmE)
Posted by: Chi-Town Jerry at February 11, 2014 07:24 AM (Z7PrM)
Posted by: Flatbush Joe at February 11, 2014 07:24 AM (ZPrif)
Posted by: D-Lamp at February 11, 2014 07:24 AM (bb5+k)
Posted by: Chi-Town Jerry at February 11, 2014 07:25 AM (Z7PrM)
Posted by: AMDG at February 11, 2014 07:25 AM (t7OO0)
Ace sleeps with the fishes.
Posted by: Tessio at February 11, 2014 07:25 AM (8ZskC)
>>>In the near future every middle class house will be festooned with cameras. Everyone will have dash cams. Everyone will have personal lifecams. All tied into facial recognition.
Sousveillance.
Posted by: Bigby's Jazz Hands at February 11, 2014 07:26 AM (3ZtZW)
"Hiking the Appalachian trails." How does that work for you?
Posted by: Mark Sanford at February 11, 2014 07:26 AM (8ZskC)
Posted by: Troy McClure at February 11, 2014 07:26 AM (/Crba)
Posted by: SpongeBobSaget at February 11, 2014 07:26 AM (kxSZr)
Posted by: David Brooks at February 11, 2014 07:26 AM (rCOda)
Posted by: mugiwara at February 11, 2014 07:27 AM (W7ffl)
Posted by: Anna Puma (+SmuD) at February 11, 2014 07:27 AM (Z/g31)
Posted by: Caliph Barky al-Ochoomba at February 11, 2014 07:27 AM (o3MSL)
>>>There isn't anything unconstitutional about them that I can think of.
4th Amendment has no penumbras or emanations, I guess.
Posted by: Bigby's Jazz Hands at February 11, 2014 07:27 AM (3ZtZW)
Posted by: Ribald Conservative riding Orca at February 11, 2014 07:28 AM (RFeQD)
Posted by: Avi at February 11, 2014 07:28 AM (p/izY)
Posted by: alexthechick - Come to us, oh mighty SMOD at February 11, 2014 07:28 AM (VtjlW)
Posted by: D-Lamp at February 11, 2014 07:28 AM (bb5+k)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at February 11, 2014 07:29 AM (0HooB)
Posted by: BlueStateRebel at February 11, 2014 07:29 AM (7ObY1)
Posted by: D-Lamp at February 11, 2014 07:29 AM (bb5+k)
Posted by: Caliph Barky al-Ochoomba at February 11, 2014 07:30 AM (o3MSL)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 07:30 AM (PYAXX)
Posted by: Brandon In Baton Rouge at February 11, 2014 07:30 AM (/Crba)
Posted by: WalrusRex at February 11, 2014 07:31 AM (wTgwx)
Posted by: Washington, Franklin, Smith, Jefferson, Et. Al. at February 11, 2014 07:31 AM (PYAXX)
Posted by: Brandon In Baton Rouge at February 11, 2014 07:31 AM (/Crba)
Posted by: Burn the Witch at February 11, 2014 07:31 AM (rCOda)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 07:31 AM (PYAXX)
Posted by: D-Lamp at February 11, 2014 07:32 AM (bb5+k)
It will be curious to see how mass observation changes behaviors in the population.
How many parents here will tell their kids about the ubiquitous cameras and spying? Point out the devices, tell 'em to watch their P and Qs in public, semi-public, even private lives? Tell 'em how everything is a crime now.
I kinda think I will, and I'm going to teach my boy a love for the wasteland expanses, telling him: But that's not here.
Posted by: Bigby's Jazz Hands at February 11, 2014 07:32 AM (3ZtZW)
"Should I just go ahead and have "Not Sure" tattooed on my arm now, and get it over with?"
Go away, bait'n!
Posted by: The GOP at February 11, 2014 07:32 AM (PGXA8)
Posted by: Brandon In Baton Rouge at February 11, 2014 07:33 AM (/Crba)
Posted by: Amendment IV at February 11, 2014 07:33 AM (PYAXX)
>>>In the surveillance state, those in the police or investigating agencies of government rely on a machine, a computer, a program, whatever , to collect this data.
What are you worried about?
Posted by: Franz Kafka at February 11, 2014 07:33 AM (3ZtZW)
I like to think of him as a malignant tumor, but that's just me....
Posted by: backhoe at February 11, 2014 07:33 AM (ULH4o)
Posted by: BlueStateRebel at February 11, 2014 07:33 AM (7ObY1)
I remember a story about some semi-genius cubicle-dweller who worked at a big tech company, like Xerox. He always talked about bugging out of the rat race and going to an island to live an idyllic life. One day he just disappeared -- didn't call, didn't clean out his desk, nothing.
Over the years a whole mini-culture developed among the employees about where he went, what he was doing -- always around the idea that he was living the dream while they were still slaving away in their ratholes. They would paste pictures of him on beautiful beaches and hang them at their desks, stuff like that.
Years later the guy resurfaced. It turned out he had just gone to some new cubicle in another tech company and was doing exactly the same mundane shit as before. The discovery completely ruined the fantasy world that his former co-workers had built around him.
There's a moral in there somewhere, I guess.
Posted by: Cicero (@cicero) at February 11, 2014 07:34 AM (8ZskC)
Posted by: Brandon In Baton Rouge at February 11, 2014 07:34 AM (/Crba)
Posted by: Chris at February 11, 2014 07:34 AM (crkWb)
I'm envisioning a dramatic reveal, like an opening scene in a hall-of-fame episode of hoarders.
Posted by: Gristle Encased Head at February 11, 2014 07:35 AM (+lsX1)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 07:35 AM (PYAXX)
Posted by: [/i][/b][/u][/s] Tami at February 11, 2014 07:35 AM (bCEmE)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at February 11, 2014 07:35 AM (0HooB)
Posted by: D-Lamp at February 11, 2014 07:35 AM (bb5+k)
I'm hoping it's just a matter of him getting the opportunity to make copious amounts of pancakes.
He's working on the War and Peace of movie reviews.
Posted by: Cicero (@cicero) at February 11, 2014 07:35 AM (8ZskC)
Posted by: deadrody at February 11, 2014 07:35 AM (aT8Zk)
Nice post.
Your point about our betters conflating personal belief with political philosophy is in part an extension of the focus on self that blossomed in the late 1960s.
"What I think and feel is paramount."
Posted by: CharlieBrown'sDildo at February 11, 2014 07:35 AM (QFxY5)
It will be curious to see how mass observation changes behaviors in the population.
-----------
Just look at Havana - everyone there is convinced the secret police are watching, reading, and listening to everything, even though you know it isn't true.
But that's only one step.
Another is the "circular prison" concept. You don't need to have legions of secret police to do the surveillance if you can make it easy to have one's fellow citizens do the surveillance too. And you do that by dividing and fracturing the citizenry. Again, Havana...you have folks there who will sell out their neighbors for having a pound of hamburger.
Posted by: @JohnTant at February 11, 2014 07:36 AM (eytER)
Other than the right to life enshrined in the constitution and the 14th amendment which protects life unless due process protects it? Other than that particular part of the constitution?
Posted by: Christopher Taylor at February 11, 2014 07:36 AM (zfY+H)
Posted by: Ezra Klein at February 11, 2014 07:36 AM (Aif/5)
The cockroach will have a 1080P camera and be a WiFi hotspot.
Posted by: Anna Puma (+SmuD) at February 11, 2014 07:36 AM (Z/g31)
Posted by: Nevergiveup at February 11, 2014 07:37 AM (t3UFN)
Posted by: Vashta Nerada at February 11, 2014 07:37 AM (0GF2j)
Posted by: alexthechick - Come to us, oh mighty SMOD at February 11, 2014 07:37 AM (VtjlW)
Posted by: Anna Puma (+SmuD) at February 11, 2014 07:37 AM (Z/g31)
here's mine: congressional term limits, unfortunately.
Posted by: Guy Mohawk at February 11, 2014 07:37 AM (n0DEs)
TSA- you may not only look at my breasts you may also touch them.
IRS- You may look at my Tax Receipts, My 1040, My childrens health records, my bank and credit statements , my friends and acquaintances, my political persuasion, and ask my Doctor to find out if I own a weapon.
EPA- i may catch rain with my tongue, but i may not store it in a drum .
DOJ- you may look at all that tsa,irs,nsa,epa, collect on me.
Posted by: willow at February 11, 2014 07:38 AM (nqBYe)
Posted by: WalrusRex at February 11, 2014 07:38 AM (wTgwx)
Posted by: Sherry McEvil, Stiletto Corsettes, think mink. at February 11, 2014 07:38 AM (kXoT0)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 07:38 AM (PYAXX)
No government entity may, without probable cause and a signed warrant, collect ANY information on ANY citizen.
What's going on with the NSA is very clearly unconstitutional, which means it's illegal.
-
I don't disagree with you, but I actually think what the IRS is doing is worse.
Posted by: Vashta Nerada at February 11, 2014 07:39 AM (0GF2j)
Posted by: Flatbush Joe at February 11, 2014 07:39 AM (ZPrif)
Posted by: Judge Pug at February 11, 2014 07:39 AM (NRYdU)
Good point.
But....for the masses, I think that the 1960s were the tipping point.
Posted by: CharlieBrown'sDildo at February 11, 2014 07:40 AM (QFxY5)
Posted by: Anna Puma (+SmuD) at February 11, 2014 07:40 AM (Z/g31)
Posted by: Romeo13 at February 11, 2014 07:40 AM (84gbM)
Posted by: artisanal 'ette at February 11, 2014 07:40 AM (IXrOn)
Posted by: Circa (Insert Year Here) at February 11, 2014 07:40 AM (659DL)
Posted by: Burn the Witch at February 11, 2014 07:40 AM (rCOda)
I am now going to change my nic to "TSA".
Posted by: EC at February 11, 2014 07:40 AM (GQ8sn)
Posted by: Jeff at February 11, 2014 07:41 AM (vd6Gd)
Last time they all stood together on the roof of Reagan's tomb, who was standing closest to Ace?
Posted by: Cicero (@cicero) at February 11, 2014 07:41 AM (8ZskC)
Posted by: Vashta Nerada at February 11, 2014 11:39 AM (0GF2j)
Passive collection of data, to be used...perhaps....never.
Versus the active use of government power to damage political opponents.
I think you are correct.
Posted by: CharlieBrown'sDildo at February 11, 2014 07:41 AM (QFxY5)
Posted by: WalrusRex at February 11, 2014 07:41 AM (wTgwx)
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
It's amazing to me that the SC keeps finding penumbras and enamations of this amendment that allow dogs to sniff your car, no knock breakins, border searches of your electronics or anything within 100 miles of the border, TSA searching your crotch, seizures of your property via RICO without a trial, and so on.
Fuck the SC in particular.
Posted by: GnuBreed at February 11, 2014 07:42 AM (cHZB7)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 07:42 AM (PYAXX)
Posted by: DrewM. at February 11, 2014 07:42 AM (2OdVw)
Posted by: Mike at February 11, 2014 07:43 AM (OW1V/)
*
Heh...Sure Art Garfunkel appreciates the hat/tip on the song.
Posted by: dananjcon at February 11, 2014 07:43 AM (NpXoL)
Brand recognition.
http://tinyurl.com/modhu2w (NBC News)
"The first openly gay pro football player would be a hot commodity for brands trying to connect with the LGBT community or to burnish their diversity creds.
Marketing experts say he could tackle a lucrative, seven-figure-a-year career as a pitchman, as long as he performs on the field."
Posted by: LC LaWedgie at February 11, 2014 07:44 AM (KQp38)
Posted by: Burn the Witch at February 11, 2014 07:44 AM (rCOda)
Circa?
I don't disagree with a word you wrote- I just cannot figure out how to reverse the changes in America.
Posted by: backhoe at February 11, 2014 07:44 AM (ULH4o)
Posted by: Flatbush Joe at February 11, 2014 07:44 AM (ZPrif)
I agree. Its significantly more damaging to liberty and a horrendous abuse of power. Not as bad as the killing of people done by the Clinton administration, but very bad. Even Nixon couldn't get away with this kind of thing.
The public privacy thing is a bit tricky and made significantly more problematic with the new electronic age. However, its always been fine for cops, etc to surveille people in "plain view" or "public" without a warrant. After all you can't argue that cops have to look away from someone because they have no order from the courts making it okay to see them.
Posted by: Christopher Taylor at February 11, 2014 07:44 AM (zfY+H)
Posted by: Northernlurker, moron wannabe at February 11, 2014 07:44 AM (BLAfs)
Posted by: Nevergiveup at February 11, 2014 07:45 AM (t3UFN)
Posted by: Circa (Insert Year Here) at February 11, 2014 07:45 AM (659DL)
Posted by: Romeo13, proudly wearing his Mk3 Tinfoil Hat at February 11, 2014 07:45 AM (84gbM)
Once you get the rats trained to run the maze, they will run it until they can run no more. For decades, the Libs have been taking over one more section of the maze and the training. It starts in preschool now and goes onward, upward, and outward.
One is not allowed to have a reasoned principled objection to anything no matter how vile any more. Don't like gay marriage--you are a hater. Think Affirmative Action has actually harmed Black Americans--you are a hater. There is only one group left in America that you can safely target--Conservatives--because they are all Old White Rich Men who hate womyn, the entire LBGTQ community, people who speak a foreign language, and people of color.
Posted by: Sherry McEvil, Stiletto Corsettes, think mink. at February 11, 2014 07:46 AM (kXoT0)
Posted by: Saruman at February 11, 2014 07:46 AM (GSIDW)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 07:46 AM (PYAXX)
Posted by: Dack Thrombosis at February 11, 2014 07:46 AM (oFCZn)
Posted by: alexthechick - Come to us, oh mighty SMOD at February 11, 2014 07:46 AM (VtjlW)
Yup...and how many congressmen would sign it?
Posted by: CharlieBrown'sDildo at February 11, 2014 07:46 AM (QFxY5)
Posted by: Brother Cavil at February 11, 2014 07:46 AM (naUcP)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at February 11, 2014 07:47 AM (0HooB)
Posted by: Burn the Witch at February 11, 2014 07:47 AM (rCOda)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 07:48 AM (PYAXX)
As a lifelong Republican, and someone proud of the party's history, I've given up on the current politicians in Washington. I used to write off people advocating amendments as kooks, but no longer. There are no representatives of "small government" Republicans in the captial, and there probably never have been.
We need to amend the Constitution.
Posted by: MTF at February 11, 2014 07:49 AM (B5y+v)
Posted by: BlueStateRebel at February 11, 2014 07:49 AM (7ObY1)
Posted by: Flatbush Joe at February 11, 2014 11:44 AM (ZPrif)
Do an internet search for Johnny Wier's most outrageous outfits. It is unbelievable.
Posted by: Sherry McEvil, Stiletto Corsettes, think mink. at February 11, 2014 07:49 AM (kXoT0)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 07:49 AM (PYAXX)
Posted by: D-Lamp at February 11, 2014 07:49 AM (bb5+k)
Posted by: alexthechick - Come to us, oh mighty SMOD at February 11, 2014 07:50 AM (VtjlW)
Posted by: Burn the Witch at February 11, 2014 07:50 AM (rCOda)
Posted by: D-Lamp at February 11, 2014 07:50 AM (bb5+k)
Posted by: Burn the Witch at February 11, 2014 07:51 AM (rCOda)
Re IRS scrutiny on reducing employment:
what in the mf'n fuck? Couldn't this be construed as breaking employee/employer contracts if the employee is at will? At the very least, does the IRS want more of a justification than "Ocare would be too expensive, so bite me"? How about "This is America, dickbag". That seems justifiable enough
Posted by: The GOP at February 11, 2014 07:51 AM (PGXA8)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 07:51 AM (PYAXX)
Link? I'd love to read that, digest it, then toss it all my "TOLERANCE!!!11!!" acquaintances.
Posted by: Country Singer at February 11, 2014 07:51 AM (L8r/r)
Posted by: BlueStateRebel at February 11, 2014 07:51 AM (7ObY1)
Posted by: deadrody at February 11, 2014 07:52 AM (aT8Zk)
That's ridiculous and insane. The constitution isn't ten times the size of the ACA plus all regulations, its a very short document of guidelines an rules for limiting government which wise and intelligent lawmakers and judges have to use to interpret law and make decisions based on.
In other words, lacking the phrase "reasonable expectation" or "except in public" does not mean that these concepts are unconstitutional, and demanding they be in the documents before you'll accept them is as ridiculous as a judge saying killing babies is a constitutional right.
Posted by: Christopher Taylor at February 11, 2014 07:52 AM (zfY+H)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 07:52 AM (PYAXX)
Posted by: jwest at February 11, 2014 07:52 AM (u2a4R)
Posted by: Nevergiveup at February 11, 2014 07:52 AM (t3UFN)
Posted by: dudenolongerinsantacruz at February 11, 2014 07:53 AM (PGXA8)
Posted by: BlueStateRebel at February 11, 2014 07:53 AM (7ObY1)
Posted by: RWC at February 11, 2014 07:54 AM (fWAjv)
Clearly, but that's not what I was talking about. I was trying to help some commenters here understand why its okay for a cop to watch people in public.
I think making records of what people do in public should require a court order or warrant. Seeing them is one thing, keeping that data is another. Its okay to watch someone take action in a public place on a camera, its another to record it and then store that forever.
Posted by: Christopher Taylor at February 11, 2014 07:54 AM (zfY+H)
Posted by: D-Lamp at February 11, 2014 07:54 AM (bb5+k)
Posted by: artisanal 'ette at February 11, 2014 07:54 AM (IXrOn)
Posted by: Brother Cavil at February 11, 2014 07:54 AM (naUcP)
Posted by: BlueStateRebel at February 11, 2014 07:55 AM (7ObY1)
Save the salty dust and use it next time you make popcorn. Trust me.
Posted by: Christopher Taylor at February 11, 2014 07:55 AM (zfY+H)
Posted by: alexthechick - Come to us, oh mighty SMOD at February 11, 2014 07:56 AM (VtjlW)
Too much salt though. They need to cut it down to about 50% of what they use and it would be perfect.
Posted by: EC at February 11, 2014 07:56 AM (GQ8sn)
Posted by: RWC at February 11, 2014 11:53 AM (fWAjv)
Yeah and if someone ever makes a flavor of caramel corn with smokehouse almonds, then I will weigh 500 pounds.
Posted by: Sherry McEvil, Stiletto Corsettes, think mink. at February 11, 2014 07:56 AM (kXoT0)
I simply don't know what to do. Vast swathes of "citizens no long like me" have been propagandized since pre-school. Bombarded by a media hostile to me and my values.
All I can think to do is lay low.
Posted by: backhoe at February 11, 2014 07:56 AM (ULH4o)
Its not fascism its just boilerplate tyranny. Fascism has a pretty specific meaning involving borrowing from left and right to create a scientific utopia. Its socialistic in economic and cultural structure but more right leaning in its embrace of tradition, nation, and military.
Posted by: Christopher Taylor at February 11, 2014 07:57 AM (zfY+H)
Posted by: Brother Cavil at February 11, 2014 07:57 AM (naUcP)
Posted by: Christopher Taylor at February 11, 2014 11:55 AM (zfY+H)
That is a great idea!
Posted by: CharlieBrown'sDildo at February 11, 2014 07:57 AM (QFxY5)
Posted by: Vashta Nerada at February 11, 2014 07:57 AM (0GF2j)
Posted by: alexthechick - Come to us, oh mighty SMOD
===
God bless you and keep you strong, young lady.
Posted by: mrp at February 11, 2014 07:57 AM (JBggj)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 07:58 AM (PYAXX)
As an aside, I thought PEOPLE ARE DYING because they lacked adequate health insurance was why they had to pass obamacare NOW, NOW, NOW.
Now not so much, its just a flesh wound I guess.
Posted by: Guy Mohawk at February 11, 2014 07:58 AM (n0DEs)
Posted by: RWC at February 11, 2014 07:59 AM (fWAjv)
Posted by: Sphynx at February 11, 2014 07:59 AM (OZmbA)
Posted by: D-Lamp at February 11, 2014 07:59 AM (bb5+k)
Posted by: Nevergiveup at February 11, 2014 11:52 AM (t3UFN)
But, see, that mythical someone has no standing. At least so far, no one who has tried has standing. I would've thought the bondholders of GM would've had standing under protection of private property, but, hot dayum, I was as wrong as a pair of Johnny Wier hot pink hotpants.
Posted by: Sherry McEvil, Stiletto Corsettes, think mink. at February 11, 2014 07:59 AM (kXoT0)
>>> Yes, absolutely there is a line at which storing data becomes excessive. I'm simply not certain where that is.
Ask Iron Mountain
Posted by: Franz Kafka at February 11, 2014 08:00 AM (3ZtZW)
Posted by: artisanal 'ette at February 11, 2014 08:01 AM (IXrOn)
Posted by: Brother Cavil at February 11, 2014 08:01 AM (naUcP)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 08:01 AM (PYAXX)
Posted by: jwest at February 11, 2014 08:02 AM (u2a4R)
Posted by: RWC at February 11, 2014 08:02 AM (fWAjv)
One with bacon even.
Posted by: RWC at February 11, 2014 12:02 PM (fWAjv)
Will not search for recipes. Will not.
Posted by: Sherry McEvil, Stiletto Corsettes, think mink. at February 11, 2014 08:04 AM (kXoT0)
Posted by: Hillary Clinton at February 11, 2014 08:05 AM (GjPnA)
I sat through a Rand Paul speech on Saturday wherein he said about the same thing. But not before he also spent a lot of words saying that the Republican party needed to stop caring so much about what a person looks like and what language he might speak, and just let them be here already.
He also said that immigrants aren't liabilities; they are assets.
I didn't hear word one about the rule of law in the immigration part of his speech, though he did mention it in other parts when castigating (rightly) Obama and the Dems.
So my responses, which I was polite enough to refrain from yelling out: I don't care what they look like, I care what they do and whether their ideology is compatible with American Constitutional ideals. They break the law, and their beliefs are incompatible with Americanism.
I see no reason to elevate their desire to have the stuff I and my ancestors have created over my desire to protect that stuff for myself and my children.
And Americans are assets. Immigrants are unknowns.
I agreed with the straight economics portions of his talk. And I am willing to consider -- or at least discuss in good faith -- the potential solutions he proposed for immigrations. However, I strongly disagreed with all the bad faith he used to get to the start of his arguments.
And I am sick unto the ends of my tolerance of being called a dipshit, troglodyte, racist, bastard by the political party that wants to call me a member.
Posted by: Troll Feeder - having now "met" him once - is not that pleased with the content of Rand Paul's chara at February 11, 2014 08:05 AM (QFGmX)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 08:06 AM (PYAXX)
Posted by: BlueStateRebel at February 11, 2014 08:06 AM (7ObY1)
Posted by: Christopher Taylor at February 11, 2014 08:07 AM (zfY+H)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 08:08 AM (PYAXX)
Posted by: Guy Mohawk at February 11, 2014 08:08 AM (n0DEs)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at February 11, 2014 08:08 AM (0HooB)
Posted by: Carol at February 11, 2014 08:09 AM (z4WKX)
Posted by: Christopher Taylor at February 11, 2014 08:09 AM (zfY+H)
Posted by: Flatbush Joe at February 11, 2014 08:10 AM (ZPrif)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 08:10 AM (PYAXX)
Posted by: Christopher Taylor at February 11, 2014 08:10 AM (zfY+H)
Posted by: Nevergiveup at February 11, 2014 08:11 AM (t3UFN)
Posted by: Paul Zummo at February 11, 2014 08:11 AM (Ud5vq)
Posted by: Flatbush Joe at February 11, 2014 08:11 AM (ZPrif)
Lacey and His Friends by David Drake. Cameras required everywhere, all the time, for everybody.
Posted by: Troll Feeder read a book once at February 11, 2014 08:11 AM (QFGmX)
Posted by: Carol at February 11, 2014 08:12 AM (z4WKX)
>>>Wier is just doing his part to stamp his foot and swing his purse at Russia for not knuckling under to the homosexual mafia.
This is exactly why we need to get back to the idea of defunding the Army every two years like the Constitution says. Because if you don't have a standing Army you have to draft. And when you draft, people like this go the front lines, every time.
Posted by: Bigby's Jazz Hands at February 11, 2014 08:12 AM (3ZtZW)
You know, at least I admit that alextopia is a. a theoretical construct and II. a benevolent(ish) dictatorship.
Posted by: alexthechick - Come to us, oh mighty SMOD at February 11, 2014 11:28 AM (VtjlW)
What's the fun in having a dictatorship if it's benevolent?
Side note: One more thing that the few "right wing" dictatorships have over the leftist variety is bitchin' uniforms. Check out some of the photos, besided the drab colors, leftist despots have apparently outlawed tailoring.
Posted by: IllTemperedCur at February 11, 2014 08:12 AM (TIIx5)
======
IOW, firing employees is now illegal.
Posted by: mrp at February 11, 2014 08:12 AM (JBggj)
Reggie Love hardest hit.
Posted by: BlueStateRebel at February 11, 2014 12:06 PM (7ObY1)
At the risk of ruining everyone's lunch, is this an indicator that Jay-Z and Barky have been wife-swapping?
Posted by: Country Singer at February 11, 2014 08:12 AM (L8r/r)
Here's my test to determine how serious someone is about the Constitution...name a policy you would like to see either enacted or outlawed that is not supported by the Constitution and then admit it. I don't mean something silly like "I hate broccoli and think it should be outlawed" but something that goes to the heart of your politics and beliefs.
Restriction of the electoral franchise.
Posted by: Mary Poppins' Practically Perfect Piercing at February 11, 2014 08:13 AM (zF6Iw)
Posted by: BlueStateRebel at February 11, 2014 08:13 AM (7ObY1)
Posted by: joncelli at February 11, 2014 08:13 AM (RD7QR)
Posted by: RWC at February 11, 2014 08:14 AM (fWAjv)
Posted by: [/i][/b][/u][/s] Tami at February 11, 2014 08:14 AM (bCEmE)
Posted by: IRS at February 11, 2014 08:14 AM (Aif/5)
Posted by: maddogg at February 11, 2014 08:14 AM (xWW96)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 08:15 AM (PYAXX)
She tweets a pic of her fucking dogs wearing jewelry and sitting at a table with the White House china.
For the middle class..
Posted by: RWC at February 11, 2014 12:14 PM (fWAjv)
She just wants us to know where dogs stand in her eyes relative to...say...us.
Posted by: joncelli at February 11, 2014 08:15 AM (RD7QR)
Posted by: Burn the Witch at February 11, 2014 08:17 AM (rCOda)
Posted by: BlueStateRebel at February 11, 2014 08:18 AM (7ObY1)
Posted by: Buzzion at February 11, 2014 08:18 AM (fnL0J)
-----
Same thing with gay "marriage". Mentioning such an absurdity would probably have bought you a trip to the nuthouse, or the Colonial equivalent.
Posted by: Biff Boffo at February 11, 2014 08:18 AM (YmPwQ)
In a way, isn't this Obama's story too?
Posted by: BlueStateRebel at February 11, 2014 12:18 PM (7ObY1)
Well, except for the location of the dogs relative to the dinner table.
Posted by: joncelli at February 11, 2014 08:19 AM (RD7QR)
Posted by: BlueStateRebel at February 11, 2014 08:19 AM (7ObY1)
Posted by: RWC at February 11, 2014 08:20 AM (fWAjv)
Posted by: Burn the Witch at February 11, 2014 08:20 AM (rCOda)
Posted by: Mary Poppins' Practically Perfect Piercing at February 11, 2014 08:21 AM (zF6Iw)
---
He's probably trying to get arrested to make a point against the Anti Gay laws.
He should be careful what he wishes for. This is Russia, not Frisco.
Posted by: Biff Boffo at February 11, 2014 08:21 AM (YmPwQ)
But NO Irish.
Posted by: Dr Spank at February 11, 2014 08:22 AM (38LLM)
Posted by: Adm. J.T. Kirk at February 11, 2014 08:22 AM (vgIRn)
Posted by: Mike Hammer at February 11, 2014 08:22 AM (aDwsi)
He'll wish he chugged the tap water in Sochi after he ends up with a Po-210 enema.
Posted by: EC at February 11, 2014 08:23 AM (GQ8sn)
Posted by: artisanal 'ette at February 11, 2014 08:23 AM (IXrOn)
Sounds kinda stupid when you distill it down. But stupid is the hallmark of reasonable Republicans.
Posted by: RoyalOil at February 11, 2014 08:24 AM (VjL9S)
Posted by: Christopher Taylor at February 11, 2014 08:24 AM (zfY+H)
Posted by: artisanal 'ette at February 11, 2014 08:24 AM (IXrOn)
Posted by: artisanal 'ette at February 11, 2014 12:24 PM (IXrOn)
They're investigating Imperial corruption on Endor.
Posted by: Insomniac at February 11, 2014 08:25 AM (DrWcr)
...plus we need people to cut our lawns since there are NO 16 year olds left in our country.
But NO Irish.
Fixed.
Posted by: Dr Spank at February 11, 2014 08:25 AM (38LLM)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at February 11, 2014 08:26 AM (0HooB)
I don't even have a problem with them using that kind of technology if it was only used for stuff like checking for wants and warrants. The problem comes in with creating databases that store all this info on people who have no wants or warrants - just normal citizens.
A test that is frequently used for 4th amendment law is ones "expectation of privacy". I would argue that people do not expect their every movement to be permanently recorded in a government database every time they step out their door. Unfortunately, getting SCOTUS to see things the way I do seems like a long shot, to say the least.
Posted by: Anon Y. Mous at February 11, 2014 08:26 AM (IN7k+)
Posted by: Jay-Z at February 11, 2014 08:27 AM (oFCZn)
First, it starts up a constitutional crisis and the courts really prefer to avoid that - especially with Roberts in charge more worried about his legacy than the law.
Second, what happens when the courts say "that's illegal, stop it" and Obama says "who cares? Stop me." Its even worse a situation.
Third, there's a chance that a decision might set back executive orders going back 50 years and that's a huge headache.
Posted by: Christopher Taylor at February 11, 2014 08:27 AM (zfY+H)
http://tinyurl.com/mahrlcv
Redskins on the war path. Need to see more of this all the way around.
Posted by: LoneStarHeeb at February 11, 2014 08:27 AM (BZAd3)
Posted by: artisanal 'ette at February 11, 2014 08:27 AM (IXrOn)
Posted by: Realist at February 11, 2014 08:28 AM (LmD/o)
Posted by: artisanal 'ette at February 11, 2014 08:28 AM (IXrOn)
Oh.
Oh my.
BRB. Bunk
Posted by: Sean Bannion [/i][/s][/u][/b] at February 11, 2014 08:28 AM (MPIX5)
At least 95% of conservatives would support big government if they actually trusted the people in power.
Guess I'm one of the 5%, then.
Posted by: Mary Poppins' Practically Perfect Piercing at February 11, 2014 08:29 AM (zF6Iw)
Posted by: artisanal 'ette at February 11, 2014 08:30 AM (IXrOn)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at February 11, 2014 08:30 AM (0HooB)
Posted by: Christopher Taylor at February 11, 2014 12:27 PM (zfY+H)
Remind me again how many battalions the Supreme Court has.
Posted by: Caliph Barky al-Ochoomba at February 11, 2014 08:31 AM (o3MSL)
Posted by: artisanal 'ette at February 11, 2014 08:31 AM (IXrOn)
Posted by: Sphynx at February 11, 2014 08:31 AM (OZmbA)
http://tinyurl.com/gnov2
Posted by: Christopher Taylor at February 11, 2014 08:31 AM (zfY+H)
Posted by: Judge Pug at February 11, 2014 08:31 AM (NRYdU)
Posted by: artisanal 'ette at February 11, 2014 08:32 AM (IXrOn)
Posted by: AllenG (DedicatedTenther) Ah, F It. at February 11, 2014 08:33 AM (PYAXX)
Comrade, you are still free to go bankrupt and throw yourself on the mercy of the state for food-stamps and unemployment.
Posted by: Caliph Barky al-Ochoomba at February 11, 2014 08:33 AM (o3MSL)
Posted by: Brother Cavil at February 11, 2014 08:33 AM (naUcP)
Posted by: Bill at February 11, 2014 08:34 AM (uvyrw)
Conservatives want a government just big enough to do its proper job within constitutional limits, and no bigger. It just ends up being about small government today because the government is so vastly gargantuan.
Posted by: Christopher Taylor at February 11, 2014 08:34 AM (zfY+H)
Posted by: Hurricane LaFawnduh at February 11, 2014 08:42 AM (q/jNW)
Posted by: Hurricane LaFawnduh at February 11, 2014 08:43 AM (q/jNW)
My "expectation of privacy" doesn't even enter into the question (or shouldn't).
That is just a shorthand for describing that arguments that come into play when discussing the bounds of the 4th.
For example, from wikipedia ( http://tinyurl.com/d6x8xo ):
In Florida v. Jardines the U.S. Supreme Court ruled on March 26, 2013, that police violated the Fourth Amendment rights of a homeowner when they led a drug-sniffing dog to the front door of a house suspected of being used to grow marijuana.
In a 5-to-4 decision, the court said that police conducted a “search” when they entered the property and took the dog to the house’s front porch. Since the officers had not first obtained a warrant beforehand, their search was unconstitutional, the court said. The court said the police officers violated a basic rule of the Fourth Amendment by physically intruding into the area surrounding a private home for investigative purposes without securing a warrant.
“When it comes to the Fourth Amendment, the home is first among equals”, Justice Scalia wrote. "At the amendment’s very core stands the right of a man to retreat into his own home and there be free from unreasonable government intrusion". Scalia added: “This right would be of little practical value if the state’s agents could stand in a home’s porch or side garden and trawl for evidence with impunity”.
Posted by: Anon Y. Mous at February 11, 2014 08:53 AM (IN7k+)
Posted by: JJ Stone at February 11, 2014 09:06 AM (4oSMi)
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,"
And "unreasonable" is clearly defined as "but upon probable cause."
Once they added "reasonable expectation of privacy" excuses lack of probable cause, it gutted the first clause. Because then I have no right at all to be secure in my person, house, PAPERS AND EFFECTS. My "right" then becomes entirely transitory and location/situation dependent, and mostly dependent upon the whims of the state.
Posted by: RoyalOil at February 11, 2014 09:12 AM (VjL9S)
Posted by: Paul Zummo at February 11, 2014 09:13 AM (Ud5vq)
To steal a line from Hillary, "What difference does it make ?".
The Constitutionality of actions do not mean shit. The Judiciary rules first and justifies later. The Executive simply ignores. The Legislative supports the Executive ... in return for Plausible Deniability. The States voluntarily defer to the Federal. The Press calms and distracts the Masses.
We have no peaceful options left, and no position of retreat safe from Politics. It's either going to be Tyranny of the Majority or Federal Collapse from here on out.
Posted by: ScoggDog at February 11, 2014 09:19 AM (CSqCa)
Posted by: I R A Darth Aggie © at February 11, 2014 09:24 AM (1hM1d)
Posted by: I R A Darth Aggie © at February 11, 2014 09:25 AM (1hM1d)
Posted by: Aslan's Girl at February 11, 2014 02:25 PM (KL49F)
"However- random checks absolutely violate the 4th Amendment."
How? You don't own your license plate: it's issued by the DMV for the PURPOSE of identification. How is law enforcement randomly checking tags on a public street unreasonable?
"Find me the phrase "reasonable expectation of privacy" in the Constitution. That's okay. I'll wait."
You seem to have missed where there are two separate prongs in the 4th Amendment. It says no warrants shall issue without probable cause, and it says searches and seizures are to be REASONABLE. Hence the question of whether someone has a reasonable expectation of privacy in a particular case. Reasonableness is an ancient common-law standard with which the Framers were perfectly familiar and which is invariably highly fact-specific.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated
"The State has no right to surveil me at all without a warrant."
Come again? You're the one being a strict textualist here, so where does it say that? It says searches and seizures have to be reasonable. It does not say a warrant is required for every search or seizure.
Posted by: Dave J. at February 11, 2014 03:19 PM (boDz7)
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Posted by: BlueStateRebel at February 11, 2014 07:12 AM (7ObY1)