Freedom Line Blog

Below is one of the latest cartoons from Pulitzer Prize-winner Michael Ramirez.

View more of Michael Ramirez’s cartoons on CFIF’s website here.

What Supreme Court nominee Elena Kagan lacks in the way of academic writing, she (apparently) more than compensates for with her lawyerly output during her time in the Clinton White House Counsel’s Office.  Recalling that former President George W. Bush shared over 50,000 pages of material associated with now Chief Justice John Roberts’s time as a lawyer in the Reagan White House, Byron York of the Washington D.C. Examiner reports which way precedent points in divulging Kagan’s work product.

“There is now a precedent that a White House lawyer’s materials will be produced,” says Bradford Berenson, an associate counsel in the Bush White House. “I think it will be very difficult for the Obama administration, given everything they’ve said about transparency and openness, to withhold these documents.”

Before anyone starts salivating over the thought of reading thousands of legal memos, remember that the current Oval Office occupant is not inclined to share information.  Unlike President Bush, Obama can’t be bothered to take a single question from the press after signing the Freedom of the Press Act.

Constitutional controversy over executive privilege, anyone?

From California Governor Arnold Schwarzenegger’s press conference unveiling his budget proposal amidst a $19.1 billion deficit:

“California no longer has low-hanging fruits – we don’t have any medium-hanging fruits, and we also don’t have any high-hanging fruits,” Schwarzenegger said, explaining the cuts Friday at a news conference in Sacramento. “We have to take the ladder from the tree and shake the whole tree.”

And no, he wasn’t making a Steve Miller Band reference.  (At least, I hope not.)

Though Sacramento’s spending commitments must be addressed, it’s interesting that the governor targeted eliminating the welfare-to-work program known as CALWorks, along with certain child care funding.  For their part, Democrats are wailing for a delay in scheduled corporate tax breaks.  As if further depleting business capital is the answer to balancing the state’s budget.

There are no easy, “comprehensive” answers for reforming California’s budget crisis.  But there is a better place to start the discussion: suspend AB 32, Schwarzenegger’s signature global warming bill.

In fact, that’s the name of a group making the case that since California is responsible for – at most – 1.4% of the world’s greenhouse gas emissions, AB 32’s severe, self-imposed restrictions amount to a jobs killer.  The group estimates that when fully implemented, AB 32 will cost the state 1.1 million jobs, the average family $3,857, and each small business $49,691.

The net result?  “Devastated budgets of California social services agencies through massive losses in tax revenue.”

Granted, suspending AB 32 would be largely symbolic, but if Schwarzenegger took the ax to his prized “green” bill, he could chalk it up to serious times calling for serious budgets.  When times are good, economies can afford to absorb major public investments on microscopic returns.  These are not those times.  Californians have needs and wants; it’s past time the state’s nutty politicians understood the difference.

Today, in an opinion written by Justice Stephen Breyer, the Supreme Court issued a ruling in the case of US v. Comstock, which held that Congress has the power to civilly commit sex offenders beyond the period of the sentence received for their crime.  As Cato’s Dr. Roger Pilon points out:

The problem, as Breyer grants, is that Congress has only certain enumerated powers, and the only power it has to criminalize conduct, beyond the three crimes mentioned in the Constitution, is pursuant to one of those enumerated powers — in particular, through the last of its 18 enumerated powers, its power to enact laws that are “necessary and proper” for “carrying into execution” one of the previous 17 enumerated powers or ends. In other words, Congress can criminalize conduct only if doing so is necessary and proper for carrying out one of its other constitutionally authorized powers.

The issue of enumerated powers is at the core of our rapidly declining liberty.  Today’s decision is merely the latest in a long line of rulings that concedes to Congress powers that cannot be found in the text of the Constitution.  In dissent, Justice Thomas joined by Justice Scalia notes:

No enumerated power in Article I, §8, expressly delegates to Congress the power to enact a civil-commitment regime for sexually dangerous persons, nor does any other provision in the Constitution vest Congress or the other branches of the Federal Government with such a power.

Free from constitutional restraint, there is seemingly no end to Washington’s reach.  Sure, today they’re locking up sex offenders, but maybe the next decision validates ObamaCare, which also lacks a constitutional basis for congressional action.

There are a variety of other constitutional ways in which states can ensure the public is protected from dangerous criminals.  So while many might be inclined to cheer a court decision that extends the lockup of some of the country’s most despicable and habitually dangerous criminals, the endless expansion of federal power is a crime against our freedom.

That’s how Samuel Johnson defined a second marriage. But it applies with equal force to nearly every pronouncement that the international diplomatic community makes about Iran.

With news that the Islamic Republic has struck a fuel-swapping deal with Turkey, the hallelujahs are coming fast and furious. However, the subtle undercurrent for those who pay attention to such things is that this will only chink away at UN efforts to impose harsh sanctions (not that there’s much hope there — but even failure on such an incremental step redounds to Iran’s favor).

The less subtle upshot, however? Well, I’ll let the Iranians tell you themselves:

“There is no relation between the swap deal and our enrichment activities … We will continue our 20 percent uranium enrichment work,” said Ali Akbar Salehi, head of Iran’s Atomic Energy Organisation.

On a good day, the West’s diplomatic strategy towards Iran is “pray”.  On a bad day, it’s “duck and cover”.

Below is one of the latest cartoons from Pulitzer Prize-winner Michael Ramirez.

View more of Michael Ramirez’s cartoons on CFIF’s website here.

Of course, they’re not framing it that way.  Sen. Tom Harkin (D-IA) and other Democratic Senators have proposed an amendment to the financial reform package to cap customer ATM fees.  But CNNMoney reports, “some experts suggest that capping fees might result in more harm than good for consumers.”

I realize the free market is too difficult for Senators to understand, but do we really need an “expert” to explain what the consequence of this would be?  ATM’s are a convenience because we’re too busy or lazy to walk inside our bank.  I know my bank doesn’t charge me to use their ATM’s, but other banks will charge me for the convenience of using theirs.  Banks provide more ATM’s because they know that people will go to the closest ATM in a pinch, even if it’s not their bank’s machine.  Customer gets convenience.  Bank makes a few bucks.

By capping these fees, banks will have far less incentive to provide extra ATM’s.  So the next time you are strapped for cash, there may not be a cashbox right around the corner.  And guess what?  Not only will competitor banks cut back their ATM’s, but so will your own bank where, if you’re like me, you can withdraw your cash for free.

Stop trying to help, Congress.  You’ve done far too much already.

Yesterday, the UN General Assembly announced the results of the election for the open seats on the Human Rights Council.  There were 14 seats available and 14 member-states seeking election, automatically demonstrating how much of a sham this institution is.  A report by Freedom House indicated that of those 14 nations, an incredible nine have human rights records that are questionable or simply not qualified.

The UN Resolution establishing the Council states among other things that:

…the Council shall be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner…

…the Council should address situations of violations of human rights, including gross and systematic violations, and make recommendations thereon…

…Make recommendations to the General Assembly for the further development of international law in the field of human rights…

This organization will now be guided by the enlightened leadership of Libya, Angola, Mauritania, Qatar and Malaysia, the five new members with human rights records of “Not Qualified”.  What makes one unqualified to be a leader in the field of human rights you ask?  According to Freedom House, here’s just a taste:

Angola: “Lengthy pretrial detention is common, and prisoners are subject to torture, severe overcrowding, sexual abuse, extortion, and a lack of basic services”

Libya: “Political parties have been illegal for more than 35 years and organizing or joining anything akin to a political party is punishable by long prison terms and even the death sentence”

Malaysia: “Religious freedom is restricted in Malaysia, as practicing a version of Islam other than Sunni Islam is prohibited”

Hypocrisy of this magnitude has always been rampant on the international scene.  This is but a reminder of the level of compromise required for everyone to get along.  Read the Freedom House report and remember why America is exceptional.

It’s official; CFIF has a collective man–crush on New Jersey Governor Chris Christie.  After watching this video, it’s easy to see why.

The May special election for the seat Rep. John Murtha (D-PA) vacated when he died in February is nearing its conclusion, setting itself up as a potential bellwether for the November 2010 midterm elections.  The main issue is spending.  Loyal readers will recall CFIF’s earlier commentary on the race; specifically the focus on Murtha’s legacy for creating jobs with pork barrel spending.

His former aide and Democratic hopeful Mark Critz continues to promise more of the same.  If elected, he’s promising to “keep important economic development initiatives moving forward.”  At some point, the district’s voters must realize that jobs funded by other peoples’ tax money aren’t free, or unlimited.  If Republican challenger Tim Burns can convince the people of Johnstown, PA, to vote for fiscal sanity, then Democrats nationwide are in for a world of hurt in November.

This week’s edition of the Liberty Update, CFIF’s weekly e-newsletter, is out.  Below is a summary of its contents:

Senik:  Five Good Ideas from Conservative U.S. Senate Candidates
Lee:  “Net Neutrality” Regulation: Obama’s Imperious FCC Shifts to Plan B  
Ellis:  The Facts About the Failed Times Square Bomber: Why the Liberal Establishment Can’t Face Reality
CFIF Staff:  I Read the News Today, Oh Boy!

Freedom Minute Video:  Then They Came for the Internet
Podcast:  Author Discusses How Afghan President Hamid Karzai Came to Power
Jester’s Courtroom:  Man Sues Goldman Sachs for Giving Good Advice

Editorial Cartoons:  Latest Cartoons of Michael Ramirez
Quiz:  Question of the Week
Notable Quotes:  Quotes of the Week

If you are not already signed up to receive CFIF’s Liberty Update by e-mail, sign up here.

In this week’s Freedom Minute video, CFIF’s Renee Giachino discusses the latest scheme by Obama’s Federal Communications Commission to circumvent a federal court ruling in an effort to regulate the Internet.

On May 13, Secretary of State Hillary Clinton pledged that the U.S. would not abandon women’s rights and women’s opportunities if there is Afghan reconciliation with the Taliban to end the war.  “We will not abandon you, we will stand with you always,” she said.

Hey lady, why don’t you say that standing in your Oscar de la Renta pantsuit in the middle of Kandahar?  No?  We didn’t think so.

Come next January, a bevy of new Republicans in Washington are going to face the question that dogged Bill McKay, Robert Redford’s character in “The Candidate”, after finally winning office: “What do we do now?”

The Obama agenda leaves so little room for compromise with the center-right that the GOP has found it both politically expedient and ideologically consistent to throw up a wall of opposition. But when they have at least partial control of the reigns of power, that dynamic will change.

Conservatives searching for a role model when it comes time to lead should look to New Jersey Governor Chris Christie, who in only a few months has demonstrated the precondition of effective leadership in this age of runaway government: a spine of steel. Per a story in today’s edition of the Hill:

As the United States watches a debt crisis in Greece like a fiscal oil spill, waiting to see where it will spread first and when it will make landfall on our shores, Christie is tackling the nation’s worst state deficit — $10.7 billion of a $29.3 billion budget. In doing so, Christie has become the politician so many Americans crave, one willing to lose his job. Indeed, Christie is doing something unheard of: governing as a Republican in a blue state, just as he campaigned, making good on promises, acting like his last election is behind him.  

Upon taking office Christie declared a state of emergency, signing an executive order that froze spending, and then, in eight weeks, cutting $13 billion in spending. In March he presented to the Legislature his first budget, which cuts 9 percent of spending, including more than $800 million in education funding; seeks to privatize numerous government functions; projects 1,300 layoffs; and caps tax increases.

Much like Rudy Giuliani’s quest to rescue New York City from its own excess in the 1990s, Christie’s crusade shows a politican willing to sacrifice his career in order to save his constituents.  It’s a model for politicans from Greece to California. And soon it will be a model for the entire nation.

He is if he’s guilty of pre-judging the constitutionality and effect of Arizona’s new immigration law, Senate Bill 1070, before even reading it.  When asked at a House Judiciary Committee hearing whether he’d read the law he’s criticized repeatedly, the U.S. Attorney General responded, “I have not had a chance to – I’ve glanced at it.”

Granted, reading 17 pages of legislation is a bit dry; so if the AG is looking for a Cliff Notes summary moved along by some punchy writing, I humbly suggest this piece.

H/T: Fox News

And I don’t know if I like it.  Usually, the younger, more effete version of John McCain likes to flash his maverick status all over controversial domestic policies by siding with Democrats on cap-and-trade, immigration reform, and civilian trials for (some) terrorists.  Today, though, he reminds America that, yes, he is still a Republican.

In a blinding moment of clarity, the other Senator from South Carolina concisely – and correctly – identified the proper route for Ninth Circuit judicial nominee Goodwin Liu.

“I’m in the camp that you can be an active Democrat … and still sit on the bench,” Graham said. “But this guy’s a bridge too far for me. He should take those views and run for office.”

This from a Republican who voted for Supreme Court Associate Justice Sonia Sotomayor!  To be fair, perhaps if Sotomayor where on record as identifying constitutional rights to “education, shelter, subsistence, health and the like, or to the money these things cost,” or imposing perpetual racial quotas, maybe Graham would have voted no on her too.

Graham’s criticism is a perfectly stated counterargument for the Leftist lawyers and judges who think the courts are where laws are made.  They’re not.  Reading the Constitution, Article I, clears that up.  If Professor Liu really wants to “change” America through law, he should saddle up and challenge Senator Diana Feinstein when she’s up for reelection.  Otherwise, stick to writing academic thought pieces at Berkeley.

Kudos, Senator Graham; who knew you had it in you?

Demonstrating again that transparent government was a hollow campaign promise, the White House has released a video of its own “interview” with Supreme Court nominee Elena Kagan.  The Solicitor General sat down with White House bloggers to share some life background and general thoughts on the law peppered with White House talking points, including my favorite, that she understands how law affects “ordinary people.”

The lack of media access to this critical nominee should not come as a surprise, as Obama himself has not conducted a live solo press conference since last July.  The kicker is the way the administration seeks to manipulate media through such transparent antics as the Kagan interview.  This lack of accountability to the public has even got the folks at CBS riled up:

“This White House has taken its use of the web to a new level with this move,” said CBS News White House correspondent Peter Maer. “The ultimate unfiltered message. Kagan ‘in her own words’ without anyone else’s words.”

Adding:

Doing so allows the administration to better control its message – and, in this case, avoid any uncomfortable questions for their Supreme Court nominee.

CBS should be careful.  Obama doesn’t take kindly to dissenters.

In one of the more bone-chilling videos I’ve watched in a long time, a member of the Muslim Students Assocation (MSA) at UC San Diego tells Jewish conservative commentator David Horowitz that she supports genocide against his people.   The video posted on The Daily Caller shows Horowitz asking a simple question of the young woman:

“The head of Hezbollah has said that he hopes that we [Jews] will gather in Israel so he doesn’t have to hunt us down globally. For it or against it?”

The student coolly replies:

“For it”

This is at an American university, coming from a very American sounding voice.  UC San Diego is actually in La Jolla, CA, one of the ritziest zip codes in the country.  Where did this young woman learn to hate Jews with such intensity?

Obama’s foreign policy has consisted of traveling the globe, apologizing to the Muslim world and scolding Israel.  Anyone noticed all the love we’ve been getting back?  Instead, we’ve spawned our own Jihad Janes.  Continuing down this path only emboldens radical Muslims and their sympathizers, some where we’d least expect them.

According to politico.com, Florida Governor Charlie Crist, who started running for the U.S. Senate as a Republican, then switched to Independent when it became clear he would be trounced by Marco Rubio in the primary, has now made “official” that he will not return campaign contributions made to him by Republicans when he was running as a Republican.  A number of significant donors have asked for their money back.

With Crist, it’s always risky to pronounce his dishonorable act of the day so early, but it’s really tough to see how he can top this one by Margarita Time.

For the first time in 44 years, Communist North Korea has qualified for the World Cup finals, joining 31 other teams in South Africa this summer for the biggest spectacle in sport. Entering the tournament ranked 106th in the world, the lowest of any team competing, the team is not expected to finish with any points, particularly since it has been drawn in a group with the best in the world, Brazil, and the immensely talented Portugal and Ivory Coast.

Then again, very little is known about the team sent by Kim Jong Il.  The Wall Street Journal has dubbed it The International Team of Mystery.  The last time the North Koreans competed in the Cup, equally underestimated, they managed to force a draw with Chile, then stunned perennial powerhouse Italy, winning 1-0 and advancing to the quarterfinals.  For this tournament, they had to navigate a qualifying season of 16 games, which included past Cup finalists, South Korea, Iran and Saudi Arabia.

But as the WSJ explores, the most interesting thing about this team is the insight we can gain about the most closed culture on the planet.  Only a handful of its players have ever played professionally outside of North Korea, and those that have play in neighboring Russia and Japan.  They provide the only glimpse we have of these athletes’ lives.  One such player, Choe Myong Ho, told Russian media about his training ethic amid reports he did not own a TV or refrigerator:

“What is a refrigerator for? It allows you to get cold drinks in the summer… And if you do that, you could catch a cold and not be able to train.”

Really?  Is that what Glorious Leader told you?  According to the players, Kim Jong Il personally monitors the team’s progress and development.  This includes sending an agent to monitor Hong Young Jo for six months as he joined the professional Russian side FC Rostov.  Mr. Hong leads a quiet life in an apartment next to the stadium.  He has no car.  The joke in town is that he has no idea what his salary is because it all goes to Pyongyang.  The local paper has quoted him saying, “All my thoughts are on football and the party.”

Hopefully, for the sake of competition the North Koreans are able to come out and put on a good show and not be the doormat that everyone expects.  But more importantly, as the team steps into a rare spotlight, hopefully the world is reminded of the oppression of communism.