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May 20th, 2013 at 3:59 pm
THIS WEEK’s RADIO SHOW LINEUP: CFIF’s Renee Giachino Hosts “Your Turn” on WEBY Radio 1330 AM
Posted by Timothy Lee Print

Join CFIF Corporate Counsel and Senior Vice President Renee Giachino today from 4:00 p.m. CDT to 6:00 p.m. CDT (that’s 5:00 p.m. to 7:00 p.m. EDT) on Northwest Florida’s 1330 AM WEBY, as she hosts her radio show, “Your Turn: Meeting Nonsense with Commonsense.”  Today’s guest lineup includes:

4:00 CDT/5:00 pm EDT:  Roger Ream, President and Chief Operating Officer, The Fund for American Studies – Capitalism, Individual Responsibility, Freedom and Free Markets;

4:15 CDT/5:15 EDT:  Michael Cox, Director of the O’Neil Center for Global Markets and Freedom at Southern Methodist University’s cox School of Business – The Fund for American Studies video, “How Nations Succeed: What’s the Secret to Ending Poverty;”

4:30 CDT/5:30 pm EDT:  Quin Hillyer, CFIF Senior Fellow and Senior Editor at American Spectator - Benghazi;

5:00 CDT/6:00 pm EDT: David French, Senior Counsel at the American Center for Law and Justice – ACLJ Lawsuit and IRS Intimidation Scandal; and

5:30 CDT/6:30 pm EDT:  Keli Carender, National Coordinator for Tea Party Patriots – What Happens Next?

Listen live on the Internet here.   Call in to share your comments or ask questions of today’s guests at (850) 623-1330.

May 17th, 2013 at 11:28 am
Liberals: IRS Scandal Shows Need for Less Citizen Privacy, Not More
Posted by Timothy Lee Print

So the IRS singled out conservative citizens and organizations for persecution, while giving liberal counterparts a “pass,” in the words of USA Today.

As we note this week in our commentary “The IRS, Campaign Finance and Freedom of Association,” the scandal proves the inherent danger of federal micromanagement of American citizens’ private political activity.  As the Supreme Court observed in NAACP v. Alabama (1958), revelation of an organization’s members or supporters exposes them to reprisal, harassment and threat.  We now have a perfect illustration.

According to many liberals, however, the problem isn’t too little citizen privacy but too much.  Already during today’s House Ways and Means Committee hearing on the IRS practices, liberals such as Richard Neal (D – Massachusetts) and Charlie Rangel (D – New York) have asserted that Citizens United is the real problem.  Apparently, forcing citizens to disclose even more of their First Amendment activity to government will transform abusive IRS bureaucrats from perpetrators into saints.

Their agenda is wholly irrational, but all too predictable.   We must fully investigate and expose the IRS abuse, but we must also ensure that the longer-term takeaway is more individual freedom for American citizens, not less.

May 14th, 2013 at 10:13 am
VINDICATED: IRS Illustrates Danger of Sweeping Background Check Legislation
Posted by Timothy Lee Print

Benghazi…  The IRS…  The DOJ snooping on the AP…

Boy, those Second Amendment advocates and skeptics of sweeping federal background check legislation are a real bunch of paranoid nuts, eh?

Let’s see.  The federal government gathering sensitive medical and personal data, maintaining it in some vast and surely non-secure database and able to modify the definition of who is and is not allowed to purchase a firearm pursuant to the Second Amendment’s individual right to keep and bear arms.  What could ~possibly~ go wrong here?  This is one of the heretofore underemphasized aspects of the onslaught of breaking Obama Administration scandals, but a valuable one going forward in the Second Amendment debate.

May 6th, 2013 at 4:02 pm
THIS WEEK’s RADIO SHOW LINEUP: CFIF’s Renee Giachino Hosts “Your Turn” on WEBY Radio 1330 AM
Posted by Timothy Lee Print

Join CFIF Corporate Counsel and Senior Vice President Renee Giachino today from 4:00 p.m. CST to 6:00 p.m. CST (that’s 5:00 p.m. to 7:00 p.m. EST) on Northwest Florida’s 1330 AM WEBY, as she hosts her radio show, “Your Turn: Meeting Nonsense with Commonsense.”  Today’s guest lineup includes:

4:00 CDT/5:00 pm EDT:  Dr. David Muhlhausen, Research Fellow in Empirical Policy Analysis for The Heritage Foundation — Government Waste;

4:30 CDT/5:30 pm EDT:  Dennis Lynch, Founder and CEO of TV360Media — “They Come to America II: The Cost of Amnesty” and Immigration Reform;

5:00 CDT/6:00 pm EDT:  Sam Kazman, General Counsel, Competitive Enterprise Institute — Small Business Owners Sue Over IRS ObamaCare Power Grab; and

5:30 CDT/6:30 pm EDT:  Timothy Lee, Senior Vice President at CFIF — Current Events at Home (Internet Taxation) and Abroad (Benghazi News and Syria/Israel).

Listen live on the Internet here.   Call in to share your comments or ask questions of today’s guests at (850) 623-1330.

April 23rd, 2013 at 11:18 am
Washington Post Poll: Bush Approval Now Equals Obama’s
Posted by Timothy Lee Print

Well, this will come as unwelcome news in the Obama White House.  Their “Blame Bush” raison detre never held merit intellectually.  Even if it did, however, someone willing to blame Bush for Obama’s failures at this point would by logic have to blame Clinton for Bush’s failures.  Now, a new poll from The Washington Post and ABC News suggests that it’s no longer a workable political strategy regardless of logic.  Specifically, almost as many people now approve of Bush’s performance as disapprove, and he now equals Obama:

The new poll found 47 percent saying they approve and 50 percent saying they disapprove. Among registered voters, his approval rating today is equal to President Obama’s, at 47 percent, according to the latest Post-ABC surveys.”

So “Blame Bush” is running on fumes, and exploiting the Newtown victims’ parents as political props failed him.  To which ploy will Obama stoop next?

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April 22nd, 2013 at 2:44 pm
THIS WEEK’s RADIO SHOW LINEUP: CFIF’s Renee Giachino Hosts “Your Turn” on WEBY Radio 1330 AM
Posted by Timothy Lee Print

Join CFIF Corporate Counsel and Senior Vice President Renee Giachino today from 4:00 p.m. CDT to 6:00 p.m. CDT (that’s 5:00 p.m. to 7:00 p.m. EDT) on Northwest Florida’s 1330 AM WEBY, as she hosts her radio show, “Your Turn: Meeting Nonsense with Commonsense.”  Today’s guest lineup includes:

4:00 CDT/5:00 pm EDT:  Matt Patterson, Senior Fellow, Center for Economic Freedom at the Competitive Enterprise Institute – UAW Sets Sights South;

4:30 CDT/5:30 pm EDT:  Phil Kerpen, President of American Commitment – Tax Dollars Illegally Funding Lobbying;

5:00 CDT/6:00 pm EDT:  Charlotte Hays, Director of Cultural Programs at the Independent Women’s Forum – The Lean In Debate; and

5:30 CDT/6:30 pm EDT:  Tyler Kercher, Florida State Association Director for Skills USA – Florida State Leadership and Skills Conference.

Listen live on the Internet here.   Call in to share your comments or ask questions of today’s guests at (850) 623-1330.

April 12th, 2013 at 2:14 pm
In Federal Filing, CFIF Petitions GSA to Reform or Replace LEED Rating Standard
Posted by Timothy Lee Print

This week, in an official comment filed with the U.S. General Services Administration (GSA), CFIF called for reform or replacement of the Leadership in Energy and Environmental Design (LEED) standard endorsed by the GSA.  Americans deserve a building certification system that is more fair, open, evidence-based and that uses consensus-based standards.

Although the issue of forest certification remains rather obscure to most Americans, its regulation significantly impacts the price consumers pay for wood products, not to mention America’s struggling domestic timber industry.  Unfortunately, a vocal group of environmental activists only endorses Forest Stewardship Council (FSC) certification, and prefers it as a monopoly, while irrationally demonizing competing forest certification systems.  Among other things, those activists successfully pressure Fortune 500 companies into accepting the exclusive use of FSC-certified products, and many government and rating agencies to only award green “credits” to forest products recognized by FSC.

That policy causes the market to become increasingly distorted, with real costs for producers of wood and the environment, and fewer choices for consumers.  A recent study by the American Consumer Institute estimated the costs of carrying that policy to its endpoint.  Namely, FSC certification as a binding requirement for American forests means consumer welfare losses in a number of markets, totaling $10 billion for wood products and $24 billion for paper products markets each year.  Another destructive consequence of the FSC monopoly is that wood from almost 75% of America’s certified forests is placed off-limits.  While that single-source arrangement benefits the FSC and activists, it imposes significant costs on the domestic forestry industry and discourages competition.  That’s because FSC holds foreign landowners to lower standards than U.S. foresters.  For example, harvesting 600-year-old Russian trees occurred on FSC-certified property.  Such an arrangement discriminates against domestic foresters and increases the likelihood of builders seeking foreign suppliers of wood.  In fact, 90% of FSC’s certified land is found abroad, making it fairly easy for businesses to access foreign timber.  Typically, the government interferes with the market to ostensibly protect American industries.  Here, sadly, it is relying on an unaccountable third-party to do the opposite.

The current LEED policy also jeopardizes American jobs;  penalizes smaller landowners who use other certification systems;  discourages the use of many common building materials and other products that are regularly found in construction projects, such as PVC piping, foam insulation, heat reflective roofing and LED lighting face.

Meanwhile, there exists little to no clear environmental benefit to using FSC over alternatives like SFI or ATFS.  A recent study published in the Journal of Forestry examined the impact of FSC and SFI forest certification in North America, and found few differences in land management outcomes of those two alternative systems.  Additionally, the League of Conservation Voters, National Alliance of State Foresters and National Association of Conservation Districts also favor a more level playing field for certification.   Those groups possess much better on-the-ground expertise than the activists who come from marketing backgrounds and lack credentials pertaining to land management or environmental science.

We conclude:

We already witness too many government policies picking winners and losers in the marketplace.  For the federal bureaucracy to allow a third-party environmental group to do so is appalling.  Given USGBC’s agenda and arbitrary actions, it is reckless to empower that organization to dictate a government-sanctioned standard, especially when that standard stifles growth and kills off American jobs during this time of economic uncertainty…  LEED in its current incarnation as the government-approved standard is simply unacceptable.  American consumers, small businesses and our domestic timber industry deserve much better, and the era of the USGBC’s taxpayer-subsidized monopoly must end.”

Meanwhile, in an excellent Forbes commentary this week, George Mason University fellow Jon Entine echoes our view.  Entitled “Forestry Labeling War Turns Ugly as Greenpeace Bungles Logging Industry Attack,” Entine neatly examines the contradictions and tensions contaminating the current forest certification regime:

Policies regarding the procurement of timber, use of building codes and what businesses can sell to their customers should be informed by facts and science, not scare tactics. Greenpeace’s deception is only the latest propaganda effort that has muddied rather than clarified the issues surrounding forestry practices. With a majority of forests lacking certification, we need common-sense incentives and more certification options to achieve sustainable forestry management goals. Consumers and the general public deserve much better than the disinformation campaigns that have shadowed this debate.”

Fortunately, the GSA review period offers the opportunity to return credibility to the building certification system.

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April 8th, 2013 at 4:59 pm
THIS WEEK’s RADIO SHOW LINEUP: CFIF’s Renee Giachino Hosts “Your Turn” on WEBY Radio 1330 AM
Posted by Timothy Lee Print

Join CFIF Corporate Counsel and Senior Vice President Renee Giachino today from 4:00 p.m. CDT to 6:00 p.m. CDT (that’s 5:00 p.m. to 7:00 p.m. EDT) on Northwest Florida’s 1330 AM WEBY, as she hosts her radio show, “Your Turn: Meeting Nonsense with Commonsense.”  Today’s guest lineup includes:

4:00 (CDT)/5:00 pm (EDT):  Bruce Herschensohn, American Political Commentator, Author and Foreign Policy Expert – North Korea;

4:30 (CDT)/5:30 pm (EDT):  Alex Nowrasteh, Immigration Policy Analyst at the Cato Institute’s Center for Global Liberty and Prosperity – Immigration Reform;

5:00 (CDT)/6:00 pm (EDT):  Sally Pipes, President, CEO and Taube Fellow in Health Care Studies at the Pacific Research Institute – ObamaCare; and

5:30 (CDT)/6:30 pm (EDT):  Pete Sepp, Executive President of National Taxpayers Union – Sequestrations vs. 2013 Tax Increase.

Listen live on the Internet here.   Call in to share your comments or ask questions of today’s guests at (850) 623-1330.

March 25th, 2013 at 1:02 pm
THIS WEEK’s RADIO SHOW LINEUP: CFIF’s Renee Giachino Hosts “Your Turn” on WEBY Radio 1330 AM
Posted by Timothy Lee Print

Join CFIF Corporate Counsel and Senior Vice President Renee Giachino today from 4:00 p.m. CDT to 6:00 p.m. CDT (that’s 5:00 p.m. to 7:00 p.m. EDT) on Northwest Florida’s 1330 AM WEBY, as she hosts her radio show, “Your Turn: Meeting Nonsense with Commonsense.”  Today’s guest lineup includes:

4:00 (CDT)/5:00 pm (EDT):  Joel Rosenberg, New York Times bestselling author:  President Obama’s trip to Israel and Jordan, and the future of Syria;

4:30 (CDT)/5:30 pm (EDT):  Luca Gattoni-Celli, editorial intern and reporter at The American Spectator: Gun Bill and Assault Weapons Ban;

5:00 (CDT)/6:00 pm (EDT):  Quin Hillyer, CFIF Senior Fellow and Senior Editor of The American Spectator:  Nomination of Thomas Perez to be Secretary of Labor ; and

5:30 (CDT)/6:30 pm (EDT):  Ron Beyea, Chairman Republican Executive Committee Santa Rosa County (”RECSRC”), and Scott Williams, Media Relations for RECSRC:  Special Election for late Rep. Clay Ford’s seat in Florida legislature .

Listen live on the Internet here.   Call in to share your comments or ask questions of today’s guests at (850) 623-1330.

March 1st, 2013 at 11:44 am
Obama Administration Jeopardizes U.S. Interests with Brazilian Defense Contract
Posted by Timothy Lee Print

Americans might expect the U.S. government to demonstrate greater concern about who supplies resources and equipment to our men and women in uniform.  This week, however, the Obama Administration announced its decision to award a much-disputed, high-stakes Air Force light air support (LAS) contract to a Brazilian company over one based in Kansas.

The LAS contract could be worth over $950 million, so we’re irrationally sending nearly a billion American taxpayer dollars to Brazil despite the weak state of our manufacturing sector and economy more broadly.  But this is about more than the initial 20 aircraft, or the money associated with building them.  Americans should also be troubled that Embraer receives tremendous subsidies from the Brazilian government, which has been very vocal in its opposition to the War on Terror and American interests while siding with Iran and Venezuela time and again.  As one of the few nations that continues to work with the Iranian regime, Brazil and Embraer have already supplied aircraft similar to their LAS offering to Iran’s Revolutionary Guard.

Perhaps even more alarming, a provision woven into Embraer’s bylaws would enable the Brazilian government to halt the manufacturing or maintenance of the warplane at any given time, with no threat of repercussions from the U.S.  This could mean anything from withholding parts to complete cessation of production.  For a country so outspoken in its opposition to America’s global foreign policy objectives and our stance against governments that commit such grotesque crimes against their own citizens as well as other nations, how can we trust that they won’t disrupt the delivery of these aircraft in pursuit of their own political motives?

The Obama Administration’s decision to outsource the production of American military equipment to Brazil is not only illogical, it creates an unconscionable threat to our national security.  Embraer and Brazil have publically stated that their immense focus on this contract is motivated by their desire to secure a U.S. Air Force endorsement of their product, which in turn allows them to more effectively market it to other nations.  If history tells us anything, Embraer and the Brazilian government that controls it will have no qualms about selling our enemies the same aircraft they will be providing to our Air Force.

It is morally and economically untenable that United States government would prefer a Brazilian supplier that is publicly opposed to the very cause for which we need the equipment.  Awarding this contract to a historically unfriendly foreign sovereign suggests that the Obama Administration is not only careless in its foreign policy judgment, it’s reckless in the equipment it selects to carry out the mission.

February 26th, 2013 at 5:30 pm
Letter: Economists Call For Corporate Tax Reduction and Reform
Posted by Timothy Lee Print

Earlier this month, we at CFIF lamented the fact that the U.S. now claims the developed world’s highest corporate tax rate.  Fortunately, as we noted, a bipartisan consensus is emerging in favor of reducing and reforming that rate.

Now, in a letter published by The Economist, twenty leading economists from both academia and the private sector called for a lower rate and illustrated how our current rate discourages employment and thwarts domestic investment:

A high corporate tax rate impairs our ability to attract domestic and foreign investment. Because capital and information flows more freely across borders in the Internet age, disparities in the corporate income tax rate can now have a greater impact on location decisions than in the past. The number of Fortune Global 500 headquarters in the United States decreased from 179 to 133 from 2000 to 2011, while China (25.0 percent tax rate), Switzerland (21.2 percent tax rate), and Korea (24.3 percent tax rate) experienced sizable increases over the same period. De Mooij and Ederveen (2005) found that a one percentage point reduction in a host country’s tax rate increased foreign direct investment by 2.9 percent. The OECD (2011) found that corporate income taxes, of all the different types of taxes, are most harmful to economic growth and capital accumulation.

A high corporate tax rate undermines job creation and reduces wages. According to the Commerce Department, foreign investment supported five million U.S. jobs in 2010. To the extent that our relatively high corporate tax rate discourages foreign investment, it discourages job formation. Moreover, several academic studies have found that much of the burden of the corporate income tax is borne not by capital but by domestic labor, in the form of lower wages. For example, Mathur and Hassett (2010) analyze the relationship between corporate tax rates and the average manufacturing wage for 65 countries over a period spanning 1981–2005; they estimate that a one percent increase in the corporate income tax leads to a one half of one percent decrease in hourly wages. The U.S. Treasury Department assumes that 25 percent of the incidence of corporate tax is borne by workers. Moreover, policies that increase the cost of capital will result in less capital being invested.”

As summarized by former Clinton Administration adviser Elaine Kamark and former Reagan adviser James Pinkerton, “This is another confirmation of the growing consensus among experts and political leaders that the U.S. corporate tax rate is too high and the code too complex.”  They added, “As the experts have established, the current U.S. tax code is an impediment to investment, growth and job creation.”

The intellectual consensus thus continues to coalesce.  Now it’s time for the White House and Congress to act before more harm is done.

February 25th, 2013 at 2:57 pm
This Week’s Radio Lineup: CFIF’s Renee Giachino Hosts “Your Turn” on WEBY Radio 1330 AM
Posted by Timothy Lee Print

Join CFIF Corporate Counsel and Senior Vice President Renee Giachino today from 4:00 p.m. CST to 6:00 p.m. CST (that’s 5:00 p.m. to 7:00 p.m. EST) on Northwest Florida’s 1330 AM WEBY, as she hosts her radio show, “Your Turn: Meeting Nonsense with Commonsense.”  Today’s guest lineup includes:

4:00 CST/5:00 pm EST:  Author and Humorist Melinda Rainey Thompson:  Pensacola Symphony Orchestra Guild’s Magnolias & White Linen luncheon and her four top-selling books, including “I’ve Had It Up To Here With Teenagers”;

4:30 CST/5:30 pm EST:  Congressman Steven Palazzo (R-MS):  H.J. Res. 28, Proposed Amendment to Constitution to Limit Power of Congress to Impose a Tax on a Failure to Purchase Goods or Services;

4:45 CST/5:45 pm EST:  Virginia Attorney General Ken Cuccinelli:  “The Last Line of Defense: The New Fight for American Liberty;”

5:00 CST/6:00 pm EST:  Michelle Minton, Fellow in Consumer Policy Studies at Competitive Enterprise Institute:  “The Wages of Sin Taxes” and Mayor Bloomberg’s ban on 2-liter sodas with your pizza; and

5:30 CST/6:30 pm EST:  Larry Reed, President of Foundation for Economic Education:  Freedom Academy Ft. Lauderdale, March 9, 2013.

Listen live on the Internet here.   Call in to share your comments or ask questions of today’s guests at (850) 623-1330.

February 11th, 2013 at 3:56 pm
This Week’s Radio Lineup: CFIF’s Renee Giachino Hosts “Your Turn” on WEBY Radio 1330 AM
Posted by Timothy Lee Print

Join CFIF Corporate Counsel and Senior Vice President Renee Giachino today from 4:00 p.m. CST to 6:00 p.m. CST (that’s 5:00 p.m. to 7:00 p.m. EST) on Northwest Florida’s 1330 AM WEBY, as she hosts her radio show, “Your Turn: Meeting Nonsense with Commonsense.”  Today’s guest lineup includes:

4:00 CST/5:00 pm EST:  Professor John McGinnis, Northwestern University Law Professor, author of “Accelerating Democracy”;

4:30 CST/5:30 pm EST:  Professor Gregory McNeal, Pepperdine University Professor and national security expert:  Drones;

5:00 CST/6:00 pm EST:  Gwendolyn Oxenham, author of “Finding the Game: Three Years Twenty-Five Countries, and the Search for Pickup Soccer”; and

5:30 CST/6:30 pm EST:  Troy Senik, CFIF Fellow, Orange County Register Columnist and Senior Editor at Richochet:  GOP’s Foreign Policy Posture, Presidential Speeches and Competition between States.

Listen live on the Internet here.   Call in to share your comments or ask questions of today’s guests at (850) 623-1330.

February 1st, 2013 at 9:07 am
Unemployment Rises Unexpectedly to 7.9%
Posted by Timothy Lee Print

Earlier this week, the federal government reported that our economy contracted for the first time since the last recession.

Today it reported that unemployment rose to 7.9% last month, up from 7.8% the month before.

Analysts had expected the rate to remain at 7.8%, already a terrible number nearly four years after the last recession ended.  Moreover, the 157,000 new jobs added fell below analysts’ expectations of approximately 170,000, which itself is significantly below the 200,000 per month necessary to keep pace with population growth and substantively reduce the festering unemployment rate.  So Obama II inherits a higher unemployment rate from himself than Obama I inherited from Bush, but with the added burden of $6 trillion wasted deficit spending.

This has ominous broader implications, as noted by The Wall Street Journal:

The labor market looks anemic 3½ years into an economic recovery.  At last count, there are 134 million employed Americans, or four million less than the month before the recession began.  At the same point after the prior recession in the early 2000s, despite what was then called a jobless recovery, there were 5.3 million more workers…  Whether it is retirees, the unemployed, “discouraged” workers or people claiming disability that explain the difference, though, the ratio of “makers” to “takers” in society has dropped.  That has implications for tax revenue and spending and helps explain why, following weak growth data on Wednesday, this is the slowest economic recovery in modern times.”

Hardly the “Forward” that Obama promised.

January 28th, 2013 at 11:57 am
This Week’s Radio Lineup: CFIF’s Renee Giachino Hosts “Your Turn” on WEBY Radio 1330 AM
Posted by Timothy Lee Print

Join CFIF Corporate Counsel and Senior Vice President Renee Giachino today from 4:00 p.m. CST to 6:00 p.m. CST (that’s 5:00 p.m. to 7:00 p.m. EST) on Northwest Florida’s 1330 AM WEBY, as she hosts her radio show, “Your Turn: Meeting Nonsense with Commonsense.”  Today’s guest lineup includes:

4:00 CST/5:00 pm EST:  Patrick Knudsen, senior budget expert at The Heritage Foundation – Debt Ceiling;

4:30 CST/5:30 pm EST:  Craig Shirley, author and conservative public affairs consultant – How to Reboot the GOP;

5:00 CST/6:00 pm EST:  Senator Don Gaetz, Florida Senate President – 2013 Legislative Session; and

5:30 CST/6:30 pm EST:  Jacqueline Otto, Spokeswoman at National Rifle Association – Assault Weapons Ban and the Second Amendment.

Listen live on the Internet here.   Call in to share your comments or ask questions of today’s guests at (850) 623-1330.

January 25th, 2013 at 12:38 pm
Appellate Court: Obama “Recess” Appointments Unconstitutional
Posted by Timothy Lee Print

It’s sad commentary on our current political state that the Obama Administration must be reminded that the Senate has to actually be in recess for it to attempt a “recess” appointment.  One would expect a former law professor to possess a better working knowledge of the Constitution, but alas.

In a welcome and important ruling this morning, the U.S. Court of Appeals for the D.C. Circuit – effectively the nation’s second-highest court – held that the Obama Administration acted illegally when it attempted to place three new members on the National Labor Relations Board (NLRB) without Senate consent.  Under Article II, Section 2 of the U.S. Constitution, a President may appoint “Officers of the United States” subject to “Advice and Consent of the Senate.”  It adds, however, that, “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”

Here’s the problem.  In a scheme to avoid confirmation hearings and votes, Obama attempted to place three members on the NLRB while “the Senate was operating pursuant to a unanimous consent agreement, which provided that the Senate would meet in pro forma sessions every three business days from December 20, 2011, through January 23, 2012.”  Thus, the Senate wasn’t in “recess.”  In fact, other acts by the Obama Administration acknowledge that fact.  As just one example, that period is when the reduced payroll tax was extended with Obama’s approval.

Accordingly, the Court didn’t take kindly to Obama’s maneuver:

An interpretation of ‘the Recess’ that permits the President to decide when the Senate is in recess would demolish the checks and balances inherent in the advice-and-consent requirement, giving the President free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction.  This cannot be the law.”

This is a humiliating rebuke for Obama, and it invalidates all NLRB actions dependent upon those illegal appointments.  Moreover, it effectively invalidates actions by other administrative agencies similarly dependent upon such appointments.  The concept of “a nation of laws, and not of men” has been vindicated today.

January 22nd, 2013 at 4:34 pm
Gallup: Obama’s Second Inauguration Watched Less, Rated Less Positively Than Bush’s
Posted by Timothy Lee Print

The thrill is gone, apparently.

According to a Gallup poll released today, fewer Americans watched yesterday’s inaugural ceremony or news coverage of it than they did George W. Bush’s second inaugural in 2005.  Only 38% said that they watched yesterday’s ceremony, down from 40% in 2005, and only 27% “watched, listened to, or read news reports about the inauguration ceremonies” yesterday versus 33% in 2005.  Moreover, Americans are less hopeful based on what they read or heard about Obama’s second inauguration than they were after Bush’s.  Just “37% of Americans said they are now more hopeful about the next four years after Monday’s presidential inauguration ceremonies,” compared to 43% in 2005.  Some 27% said that yesterday’s inauguration made them “less hopeful,” two points worse than in 2005.

The change he brought turned out to be less hope.

January 18th, 2013 at 3:55 pm
“Internet Freedom” Doesn’t Mean Freedom to Steal
Posted by Timothy Lee Print

Various groups that favor such things as making the Internet a public utility have declared today “Internet Freedom Day.”  That’s a euphemism, unfortunately, meant to disguise a deeper animosity toward property rights.  What they falsely label “freedom of expression” is often a transparent aversion to straightforward intellectual property rights.

Intellectual property, or IP, simply refers to the legal protection accorded to creators in the same way that someone possesses a natural physical property right.  The only distinction is that IP protects inventions, artistic expressions and distinguishing trademarks.  Although opponents of IP falsely attempt to distinguish it from physical property by, among other things, asserting that physical property is finite whereas IP is infinite, that’s a sloppy distinction without a difference.  After all, if your automobile sits unused in a garage as you read this, then according to their logic its social utility would be increased by allowing someone who doesn’t own your car to use it while you are not.  Try telling a recording artist that after investing effort and financial resources in securing costly studio time and top-quality backup singers and band members, he or she has no right to the creation or to enjoy the fruits of his or her labor.

Protection of IP is necessary to not only secure for innovators the just fruits of their labor, but also to provide societal incentive for innovation.  No reasonable person opposes Internet freedom, but nor should that concept be used to disguise animosity toward property rights.

Today, IP remains under threat from foreign piracy, costing hundreds of billions of dollars per year.

Businesses reliant upon IP account for more than 60% of American exports, which are by nature more vulnerable to foreign piracy.  Those businesses also employ almost 55 million workers, pay their employees an average wage 30% higher than non-IP counterparts and account for $5.7 trillion of the nation’s GDP. Meanwhile, parasitic overseas websites continue to threaten that IP wellspring of innovation, jobs and prosperity.  Although estimates vary, foreign IP piracy now amounts to a cumulative enterprise that inflicts at least $500 billion in loss annually and now accounts for approximately 25% of all Internet traffic.

Each moment, rogue sites across the world seek to make an easy and illegal profit by selling things they had no hand in creating.  That has to stop.  Although many proponents of today’s so-called “Internet Freedom Day” will falsely demonize future efforts to curtail IP theft, they must be recognized as apologists for illegality.  Just something to bear in mind amidst the synthetic hoopla.

January 16th, 2013 at 8:31 am
Coincidence? Obama Introduces New Gun Agenda on Anniversary of Prohibition
Posted by Timothy Lee Print

On this date in 1919, Prohibition became the law of the land via the 18th Amendment to the United States Constitution.  We all know how wise and effective that proved.

Today, Barack Obama unveils his new gun control agenda to the nation, using an audience of children as props.  Even had they realized the coincidence, we suspect that the White House wouldn’t recognize the irony.

January 14th, 2013 at 4:40 pm
THIS WEEK’s RADIO SHOW LINEUP: CFIF’s Renee Giachino Hosts “Your Turn” on WEBY Radio 1330 AM
Posted by Timothy Lee Print

Join CFIF Corporate Counsel and Senior Vice President Renee Giachino today from 4:00 p.m. CST to 6:00 p.m. CST (that’s 5:00 p.m. to 7:00 p.m. EST) on Northwest Florida’s 1330 AM WEBY, as she hosts her radio show, “Your Turn: Meeting Nonsense with Commonsense.”  Today’s guest lineup includes:

4:00 (CST)/5:00 pm (EST):  William Yeatman – Assistant Director, Center for Energy and Environment, Competitive Enterprise Institute:  Global Warming;

4:30 (CST)/5:30 pm (EST):  Pete Sepp -  Executive Vice President, National Taxpayers Union:  Tax Increases without Spending Cuts;

5:00 (CST)/6:00 pm (EST):  Bob Norton – Vice President for External Relations, Bradley Foundation:  Our Cars’ Weight Problem; and

5:30 (CST)/6:30 pm (EST):  Gregory Gwyn-Williams, Jr. – Blogger, CNSnews.com: Armed Neighborhood Fortress and Gun Control.

Listen live on the Internet here.   Call in to share your comments or ask questions of today’s guests at (850) 623-1330.