Two of the briefs involved appeals to the Supreme Court for Jose Padilla, who sought release from a military prison in South Carolina where he was being held after then-President George W. Bush designated him an “enemy combatant.”
Padilla was held in a military brig for three years before his case was moved to a criminal court in Miami, where he was convicted on charges of offering his services to militants.

The Justice Department sent the Senate Judiciary Committee, which vets presidential nominees, a list of briefs that were omitted on Friday. “We regret the omission,” Assistant Attorney General Ronald Weich said in a letter to the panel.

Holder has been facing intense scrutiny as the Obama administration tries to decide whether to prosecute terrorism suspects like the self-proclaimed mastermind of the September 11, 2001 attacks Khalid Sheikh Mohammed, in military or criminal courts.

The attorney general had been spearheading that effort but concerns about holding those trials in criminal court forced the White House to intervene and officials are now weighing whether to prosecute Mohammed and four of his alleged co-conspirators in a military court.

Reuters

Attorney General Holder seems to be working on all sides of the legal issue.

Owing to the stunningly brazen Progressive assault on the Constitution over the past two years, I am now convinced more than ever that only if state governments unflinchingly assert their constitutional authority can the relentless and ruthless federal assault on our liberties and way of life be effectively thwarted.

In short, I’ve given up trying to keep up with and report on the myriad incidences of unconstitutional overreaching imperiling our Republic. There is simply too much of it going on these days. So, now I’m looking to the states, our penultimate line of defense, to bring about some semblance of Constitutional order to the political and economic maelstrom in which we now find ourselves.

With the stroke of the Governor’s pen, on March 10th Virginia outlawed health care “individual mandates”, a cornerstone of Obamacare. Hallelujah! Yes, the states are finally pushing back in earnest against federal violations of the enumerated powers provision as well as of the 10th Amendment. And I relish the hope that this is only the beginning. And so long as the states don’t lose their nerve or conspire to sell their citizens out for a piece of federal silver, America really can turn back the neo-Marxist tide. If not, we must understand that the Constitution and our Founders vest “we the people” with the ultimate authority and responsibility for restoring constitutional order. Let’s just pray that it doesn’t need to come to that.

First, let us always remember that it is historically unassailable that it was the states which created the federal government, not the other way around, and that, by original design and intent, there is a clearly defined Constitutional separation of powers between the states and the national government. Fearing an overreaching and tyrannical federal authority, and striving to create a harmonious and effective balance of authority between the states and the feds, the framers were very careful to define the inviolable powers of both authorities.

To advance their parochial interests, however, over the years courts and politicians have errantly interpreted—or, more precisely, MISinterpreted—the Constitution’s Supremacy Clause (Art VI, Clause 2), the Commerce Clause (Art. 1, Sec. 8, Clause 3), General Welfare Clause (Article 1, Sec 8), and the Necessary & Proper Clause (Art. 1, Sec. 8, Clause18), in a manner which has been disturbingly and manifestly at odds with the framers’ clear and unambiguous intentions. Unfortunately, the direct election of senators (17th Amendment) and increasingly generous federal pay-offs to the states have served to dramatically dilute state/local authority and to blur the constitutional distinction between state and federal power. The loser, of course, has been the Constitution which is now viewed by Progressives as both obsolete and inimicable to their socialist agenda.

So, what constitutional principle did Virginia advance by its action on Wednesday? As espoused by Thomas Jefferson and James Madison in the Kentucky and Virginia Resolutions of `798 and 1799 respectively, it’s called “nullification”, a well-grounded Constitutional principle which upholds states rights and strict constructionism. And though folks on either side of the political spectrum may still debate its relevance in today’s post-Civil War world, by its very nature and intent nullification properly asserts the inviolable Constitutional separation of powers between the states and the federal government as envisaged by the 10th Amendment and the Constitution’s Enumerated Powers provision (Article 1, Section 8).

When a state nullifies a federal law as unconstitutional it is declaring the law in question “null and void” within the boundaries of that state. In effect, the state is abrogating or otherwise rendering that law inoperative or, more to the point, unenforceable within the confines of that state’s jurisdiction. However, as a practical matter–and absent armed rebellion or widespread civil disobedience/non-compliance–only if a bloc of state governments nullifies a federal law or order will a nullification action have any realistic hope of success. Again, let’s pray that nullification eliminates the need for more forceful resolution.

Unquestionably, state authority is subordinate to that of federal authority, BUT, BUT, BUT only if the federal authority exercised is specifically and constitutionally granted per Article 1, Section 8 of the Constitution. Obviously, ALL other powers are, per the 10th Amendment, clearly reserved to the states or to the people. In other words, an unconstitutional law emanating either from the state or the national government is not in and of itself supreme on either level, but only those laws which are constitutional. More simply put, neither states nor the federal government may assert powers not specifically granted to them by the Constitution of the United States. Pretty straightforward stuff, I’d say. And when self-serving ideologues and socio-political engineers of every stripe deliberately parse or misinterpret the meaning of Art 1, Sec 8 and the 10th Amendment in order to advance their extremist political goals, it is patently irresponsible, reckless and constitutionally indefensible.

So, where is the pushback occurring these days, and what issues are included in that pushback. Here’s a brief overview which, I think, will buoy the gloomiest of spirits among us:

Issue                     Passed One/Both Chambers                             Law

    
1.Prohibit Individual Healthcare
Mandate…………………ID, UT, OK, MO, TN, AZ…………………………VA
                              (AZ referendum set for Nov’10)

*2. Firearms Freedom Act……….AZ, ID, OK, VA, AK, WA……….TN, UT, MT
        MI, IN, OH, PA, WV, SC, FL, NH, WY, CO, MN, ND, TX, KS 
(*…declares any firearms, ammunitions manufactured and retained in-state are beyond the authority of Congress)

*3. Nullification of Federal Intrastate
Commerce Regulations………………………….VA……………………………………….
(*…asserts original meaning of commerce clause over wide areas of policy & effectively
nullifies federal laws & regulations that violate such limitations by regulating
commerce and other activities that are solely intrastate)

*4. Cap and Trade……………………….WA, AZ, OK, TN……………………………….
(*…asserts that Cap & Trade is not authorized under the Commerce Clause, particularly with respect to agriculture, manufacturing, mining, or land use or activities that merely“substantially affected” commerce.)

*5. 10th Amendment
Resolution…………………………….AZ. KS, VA, UT, SC, ND…….WY, AL. AK, TN
                                                                 SD, OK, LA

(*Resolutions do not have the force of law, but serve as a “notice & demand” to the federal government to “cease and desist any and all activities outside the scope of their constitutionally-delegated powers.)

This is but a sampling of current state initiatives intended to reassert states rights and to re-establish the constitutional balance of power between state and federal authority.

Also in the works are state resolutions and laws covering the following areas: State Sovereignty & Federal Tax Funds, Sheriff’s First Legislation, Federal Gun Laws Nullification, Real ID Act, etc. It’s almost as if the Founders, wailing from their graves and urging us on to retake our Republic are finally being heard. To say the least, the vitality and urgency of this pushback are remarkable and, indeed encouraging. Interestingly, such nullification intensity hasn’t been seen since before the Civil War.

Clearly, the grassroots Tea Party Movement has provided momentum to the explosion of states rights initiatives. For this we should all be encouraged and, hopefully, energized. Short of rebellion, without the moral force and suasion of state governments and grassroots movements around the country, effectively checking the blatant excesses of the federal government will be, I’m afraid, impossible and tyranny will surely triumph. Thus, at every opportunity, I urge all good Americans, no matter their party label, to support and encourage these movements and initiatives. And only candidates who fully support constitutional and limited government should be actively supported.

Finally, I urge you all to monitor these movements and initiatives, and to become conversant with the Constitution and the Federalist Papers. Not only are those foundational documents intensely interesting, our better understanding and appreciating their timeless wisdom will enable us to properly educate ourselves and to persuasively alert others to the ruinous course upon which this Progressive-afflicted nation has embarked. For ourselves and future American generations, we must all help turn back the statist tide.

And if we’re not deeply troubled, even scared, by what’s being perpetrated on our country, then we simply haven’t been paying attention and are, therefore, shamefully complicit in its dissolution. And what will we tell our children then? Indeed, what will we be able to tell them?

(“On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed.” Thomas Jefferson)

(“We have a Republic…if you can keep it.” Benjamin Franklin , Constitutional Convention, 1787)

(“The Utopian schemes of leveling (redistribution of the wealth) and a community of goods (central ownership of all the means of production and distribution), are as visionary and impracticable as those which vest all property in the crown.” John Adams)

Democrats being considered, or rather being led to the slaughter, include David Koon, Sandy Frankel, Susan John, Dave Nachbar and Mary Wilmot.  This folks is the very best, the veritable cream of the political crop that the local Democrat party has to offer the people of the 29th District.

How sad.

I’ve been on a pretty good roll calling politics lately.  Would it be bad luck to congratulate Tom Reed right now?

As I understand it, the judge threw out all the charges because there wasn’t even the slightest bit of evidence to allow a trial to go forward.  And the D.A.’s Office didn’t know that?  Clearly this proves one of two things:

1. What everyone has believed all along to be the case with this is in fact true. That this was nothing more than a government funded political hit on Mr. Moore by an office controlled by a member of the opposing political party conducted during a local election year solely to try to help the Monroe County Democratic party take control of the County Legislature.  The now known trumped up charges against Mr. Moore were used in Democrat party political campaign mailings in ever single competitive race that Democrats hoped to pick up.  Or,

2. That the District Attorney’s Office under Democrat leadership is completely and utterly incompetent for not understanding the law enough to the degree that the entire office of taxpayer-funded attorneys couldn’t figure out that the evidence (LOL!), was solid enough to warrant the charges they were trying to bring against Mr. Moore.  The D.A.’s Office with their army of attorneys also could not figure out that the law they were trying to use did not apply, despite prominent legal opinions that stated such.

Whichever is true (maybe they both are) the public now has little to no faith in our District Attorney’s Office.  This fiasco was an embarrassment to that office and to our community.

Once again, Monrorising offers our well wishes to Mr. Moore, his wife and his young children.  It was horrible what the local Democrats tried to do to you just to try to win political campaigns.  Godspeed.

The District Attorney owes Mr. Moore and his young family an apology.  After what they did to them, this is the LEAST they can do.  Personally, I think they should do more.

Footnote: Seeing as it’s my very strong belief that the D&C clearly favors the local Democratic Party in this community no matter what bad things they do, I’m making a concerted effort to try NOT to give any publicity to our local fish wrapper, so I’m linking to the Post story even though it’s not very thorough. 

C’mon MPN, step up your game and we’ll do our small part to promote your stories.

(Update: Cincinnatus rightly points out that it was D&C reporter Gary Craig that obtained and included the legal opinion that the charges were being applied incorrectly in this case by D.A. Mike Green’s Office.  Good point Cinci.  Newspaper reporters that report the news fairly are far and few between these days and certainly shouldn’t be lumped in with the rest.  I personally do consider Mr. Craig to be one of the rare fair ones.)

The Index of Coincident Economic Indicators (ICEI), which uses a weighted formula that takes into consideration the State’s number of private sector jobs, unemployment rate, average work week hours in manufacturing, and sales tax collections, has fallen for 6 consecutive months but only 1.2 points since July of 2009. This period of slowing decline followed 9 consecutive months beginning in August of 2008 when the State’s economy plummeted into recession.

The State’s Unemployment Rate, before seasonal adjustment, rose to 9.4% in January as employers ended traditional holiday season Jobs. A total of 26 counties have unemployment rates in excess of 10%, before seasonal adjustment.

When these unemployment rates are adjusted to take into consideration normal seasonal fluctuations in hiring, the State’s seasonally adjusted unemployment rate fell from 8.9% in December to 8.8% in January 2010, which was better than that national 9.7% rate in January.

Consumer prices as captured by the Consumer Price Index issued by the US Labor Department’s Bureau of Labor Statistics, rose for the month as a result of increasing costs for food and gasoline and by significant increases in the cost of health care which rose 1.3% in the New York City Metro area and 0.8% in Upstate counties since December.

New York Consumer Confidence as measured by the Siena Research Institute fell in January by 3 points as consumers become increasingly wary of future economic conditions. New York’s consumer confidence lags a full 8 points below national consumer confidence measures issued by the University of Michigan.

Sales of existing single family homes, as published by the New York State Association of Realtors in their monthly housing survey fell from December due to seasonal factors but were up 11% for the year.

The Empire State Manufacturing Survey, issued by the Federal Reserve Bank of New York, continues to provide strong indications that the manufacturing sector will lead the State’s future economic recovery. The General Business Condition Index indicated improving business conditions for manufacturers for the 7th consecutive month climbing 9 points. A total of 42% of manufacturing CEO’s indicated that business conditions had improved and only 17% noted a decline in their business activity.

The Future Activity Index continued high, with 60% of the responding CEOs indicating that they foresaw improving business conditions in the next 6 months.

 “What we need from Albany is leadership that puts us on a track toward sound budgeting practices, economic recovery, and fiscal responsibility,” said Chemung County Executive Thomas J. Santulli, president of the New York State Association of Counties.

The Ravitch Plan includes a proposal to borrow billions of dollars to help close the projected $9 budget deficit, to be accompanied by series of recommendations designed to limit and balance State spending this year and in the coming years.

Counties administer and fund the bulk of the state’s health and human service programs and, because of that government service delivery relationship, are tethered to the State’s annual spending plan. Because of the structural relationship counties have with the State, NYSAC is calling for called for reforms that guarantee:

· A ban on unfunded mandates or shifts in funding from the state to local governments and property taxpayers.

· A seat or an advisory role on any State level fiscal control board

· Fundamental reforms to the intergovernmental finance structure and public service delivery model that has resulted in New York having some of the highest property taxes in the nation.

“Any long-term fiscal reforms coming out of this proposal should include accountability to New York’s property taxpayers who have had to fund decades of increased programs and services at the state level,” said NYSAC Executive Director Stephen J. Acquario.

The New York Post added more to the story this morning:

In hindsight, Democratic insiders wondered about activities that before had just seemed odd. They said Massa hired a surprisingly large percentage of young gay men, and paid them so little that staffers were forced to live in the house with him.

“It’s not the gay part that’s a problem, it’s the abuse, if it’s true,” said one Hill source.

“The guy’s a freak,” a close friend of one embattled Massa aide told the Daily News.

Yes indeed, it appears the former Congressman is indeed a freak!

A Pelosi aide told POLITICO on Wednesday evening that Massa’s chief of staff, Joe Racalto, informed a member of Pelosi’s “member services” operation in October that Massa was living with several aides, had hired too many staff members and used foul language around his staff.

Racalto also raised concerns about “the way Massa ran his office” and informed Pelosi’s member-services staffer that he had asked Massa to move out of the group house on Capitol Hill, the Pelosi aide said.

Democratic insiders say Pelosi’s office took no action after Racalto expressed his concerns about his then-boss in October.

Did the democrats learn nothing from the Mark Foley Fiasco that was responsible for bringing the republicans down and their take over of congress?

According to Peter Clarke, a Navy shipmate, Massa was notorious for making unwanted advances toward subordinates. He tells the story of his friend Stuart Borsch, with whom Massa shared a hotel room while on leave during the first Gulf War. “Stuart’s at the edge of the bed,” Clarke says Borsch told him at the time, “and [Massa] starts massaging him. Massa said, ‘You’ll have to get one of my special massages.’ He called them ‘Massa Massages.’” Ron Moss, a Navy shipmate and Borsch’s roommate, confirmed that Borsch told him this story at the time.

Borsch, now a history professor at Assumption College in Worcester, Massachusetts, didn’t addresss that specific incident, but did confirm to me in an email that he was groped by Massa: “In 1990, aboard the U.S.S. Jouett, I was awakened when a senior officer, Lt. Commander Massa, seemed to be groping me. (I was a lieutenant at the time.) I believe he may have been drinking. I shouted at him and he left. I mentioned the incident to several other officers. I did not officially report it.”

Clarke says that Massa’s roommate, Tom Maxfield was also assaulted. “Tom lived on upper bunk,” Clarke say. “When you’re on ship, you’re almost exhausted 24-7. So a lot of times you sleep with your uniform on. Tom and Massa shared a stateroom together. Massa climbed up on the top of his bunk, which is hard to do–you never crawl up on somebody else’s bunk. He wakes up to Massa undoing his pants trying to snorkel him.” Ron Moss also confirmed hearing this story from Maxfield. Maxfield did return calls and messages left for him–I’ll update if he does.

Massa’s shipmates didn’t turn him in for fear that he would retaliate. “He was a cocky guy, competent, but he saw himself as a future admiral,” Moss told me. “It doesn’t surprise me he wound up in Congress.” When news of Dickert’s dispute with Massa appeared in the Rochester, New York, Democrat-Chronicle in 2006, several of Massa’s former shipmates considered coming forward. One of them referred to the dispute as “classic Massa” in an email that was forwarded to me. As Moss wrote to Borsch and Maxfield just before the 2006 election, when Massa first ran for Congress, “I think it is ironic that Massa is accusing this guy [Dickert] of the same thing he tried with you guys (and who knows how many others?) and I think it is pathetic that he would drag his own son into the fray in a public forum.” In the end, the former shipmates did not go public with their stories.

I’d like to know what all of the “progressives”  think about this.  This gives new meaning to the term “don’t ask, don’t tell.”