Monday, November 5, 2012

Pennsylvania Lacks the Right to Remove Trees On State Land?

The Commonwealth of Pennsylvania faces a situation that must look strange to the uninitiated.  It has obtained land to expand U.S. 219 south of Meyersdale, Somerset County.  It has everything in place, including $300 million, to start expanding the highway this spring.  Except . . .

Environmental Protection Agency approval. 

The highway is part of the gradually expanding Appalachian Corridor system created in the 1960s under John F. Kennedy (prior to the establishment of the EPA.)  Corridor N, as it has been designated, will be the most extensive highway project in Pennsylvania, once started.

Pennsylvania officials expect that timbering will take thirty days.  A spring start cannot happen if the tree removal process gets pushed back farther into the unpredictable weather of November.

Even worse, the EPA blocked a plan to use coal mining to clear land for a planned expressway in Mingo County, West Virginia.  The King Coal Highway, which would follow the present U.S. 52, planned to let CONSOL Energy mine the proposed path, then help to smooth it out for the road.  Officials had praised this as a strong example of how public and private sector entities could combine for the profit of both.

West Virginia's entire delegation, both Democrats and Republicans, condemned the move.  Senator Joe Manchin commented through a press re;ease from his office:

“As a West Virginian, I watched this project come together one partnership at a time for the past two decades,” Senator Manchin said. “As Governor, I made sure that the state supported the project’s permitting and funding requests. Now, as Senator, I am incensed and infuriated that the EPA would intentionally delay the needed permit for a public-private project that would bring so many good jobs and valuable infrastructure to communities that so desperately need them. The EPA has lost court case after court case for its overreach, and it should be using better judgment by now. I vow to work with the Governor’s office, our entire Congressional delegation and members of both parties to make sure that this vital project will move forward. 

Republicans made the Environmental Protection Agency's increasing aggressiveness an issue in the campaign. Conservative victories may take some teeth from the tiger and restore many public and private sector projects.

News! 100th Post Obamacare May Be Unraveling, Post-election Regulations Aimed at Coal, Farms, and Manufacturing, 900k jobs per year at stake


Obama's Coming Regulation Bomb

Could cost almost 900,000 jobs per year

Obamacare: Courts Tugging on the Thread to Unravel the Sweater

Of Superstorms and Politics

Congresswoman Capito Blasts Administration on Jobs

Congressman McKinley Frustrated Over Jobs, King Coal Highway Debacle

Manchin Urges Federal Government to Act More Quickly In Storm Response

International Trade Rulings Diminish Sovereignty

Wind Energy Subsidies in Colorado

Chinese Interested in Atlantic Base

The Hot Dog Lover's Hot Dog, In Keyser W. Va

Wednesday, October 31, 2012

Cato Institute, Consol Energy, and Joe Manchin Versus the EPA

The Environmental Protection Agency received a triple punch this Halloween.  And none of it came from the superstorm.

Mingo County, West Virginia's unemployment rate was at, as of last August, at an even 10 percent.  That had ticked up almost half of a point since the year before.  Elected leaders from West Virginia worked with CONSOL Energy to come up with a plan that would allow coal mining to take place along the route of a planned expressway.  The King Coal Highway project would have taken a public project and used it for maximum private use. 

Senator Joe Manchin's office and CONSOL estimated that up to 2,500 jobs would have been created.

The EPA, however, had other plans.  It withheld a vital permit needed to start the project on schedule. 

Manchin's fury was vented in a release:

“As a West Virginian, I watched this project come together one partnership at a time for the past two decades,” Senator Manchin said. “As Governor, I made sure that the state supported the project’s permitting and funding requests. Now, as Senator, I am incensed and infuriated that the EPA would intentionally delay the needed permit for a public-private project that would bring so many good jobs and valuable infrastructure to communities that so desperately need them. The EPA has lost court case after court case for its overreach, and it should be using better judgment by now. I vow to work with the Governor’s office, our entire Congressional delegation and members of both parties to make sure that this vital project will move forward.

“Rather than fight this project, the EPA should be embracing it as a model of how to work together,” Senator Manchin continued. “We’ll put the land to good use after it has been mined by building the King Coal Highway. We’ll build a wastewater treatment plant that will clean up millions of gallons of water for people in the Pigeon Creek Watershed – eliminating raw sewage and other pollutants. Not only will we be protecting the jobs of the 145 people working at this project, we’ll be putting hundreds more people to work with good-paying jobs. The EPA’s callousness jeopardized the funding for all these projects. In short, this project is a win-win and the EPA is trying to make it a loser.”


Outrage over the stoppage of this project is a bipartisan affair in West Virginia.  Manchin and his opponent, John Raese have both taken aim at the EPA, as has Senator Jay Rockefeller (D), and Representatives Capito, McKinley (both R), and Rahall (D). Governor Earl Ray Tomblin and his opponent Bill Maloney also support the project.

This comes on the same day as the release of a Cato Institute study that found that the EPA did not include important scientific research into its assessment of fossil fuels and climate change. 

Cato scholar Patrick J. Michaels said:

"After thorough review, I found that the report from the U.S Global Change Research Program (USGCRP), which served as the source for the scientific opinions underlying the original endangerment finding in 2009, is unrepresentative of the larger body of scientific research on the topic of anthropogenic climate change and its potential impacts on the United States," said Cato Senior Fellow Patrick J. Michaels. "Since the new EPA standards would essentially price anyone trying to build a new coal plant out of the market, I am not surprised that we won't see final regulations on carbon dioxide until after the election."

While supporters of the EPA deny that there is a War on Coal, these actions and studies show otherwise.  The EPA engages in psychological warfare of releasing selected information while using its power to obstruct jobs creating projects.  

News! Cato, WV Dems Slam Obama's EPA, Big Damage Doesn't Need Big Govt., Photos of Sandy's Wrath


The Devastating Cost of Obamacare

Cato Institute Reports That Report On Climate Change Cherry Picks Information

Trumka Blames Romney For Obama's EPA, UMWA Non-Endorsement Important

Manchin, Rahall, Rockefeller Jointly Blast Obama's EPA

Plows and Ski Resorts Busy In West Va.

UK's Daily Mail Photoessay on Storm Disaster

New York Post Photos 

Does Big Damage Need Big Government?

Iranian Nuclear Timeline

Texas Fights Subsidizing Abortion

National Review On Superstorm

Monday, October 29, 2012

Protecting Confidential Communications As Property

How confidential are private confidential communications when conducted electronically?  The United States Supreme Court will soon address this question.

The case of Clapper vs Amnesty International USA centers around private conversations that take place electronically.  Lawyers fear that powers granted to the government under the Foreign Intelligence Surveillance Act could unintentionally grant access to protected lawyer-client communications.  The ultrasecret court set up to handle such cases is supposed to ensure that abuses do not happen.  Since, however, there is no public oversight of this court, lawyers opposed to the statute argue that it is difficult to hold it to account. 

SCOTUSblog speculated that the line of questioning followed by Justice Anthony Kennedy might indicate that he favors stronger limits on the government.  He seems concerned that defense lawyers may be harmed by the program already.

Cato Institute writers expanded upon this reasoning by stating:

In Clapper v. Amnesty International, the Gun Owners Foundation, Gun Owners of America, Inc., the U.S. Justice Foundation, the Downsize D.C. Foundation, DownsizeDC.org, and the Conservative Legal Defense and Education Fund have argued that the Court should recognize a property interest in confidential communications. Doing so would more clearly establish the standing of the respondents in this case to challenge the global wiretapping program Congress established in the FISA Amendments Act of 2008.
William J. Olson, lead counsel on the brief, articulated the issues well in an email distributing it:
Our amicus brief in the Clapper case extrapolates from the court’s holding in Jones and identifies the property interests at stake in this case as confidential communications that are critical to the practice of law and of the enterprise of journalism. Using a property analysis, the citizens in Clapper have a protectable property interest in their electronic communications as they do in their written communications. Thus, even though plaintiffs are not “targeted” by the Government, the Government’s contention that their search and seizure of plaintiffs’ communications is only “incidental” is unavailing.
If the court does as FISA's opponents suggest, this would represent a very strong barrier between the government and its use of electronic surveillance without warrants. 
I

News! Student Debt, Obama Waiting to Divulge Libya Info, Video of Sandy Hitting DC, NWS Forecast



Videos of Sandy Hitting DC

National Weather Service Forecast For West Va.

NWS Forecast For Eastern Panhandle

Obama Asked Point Blank Why He Is Withholding Libya Information Until After Election

Benghazi Blackout

Medicare Inefficiency

White House Ignores Question About Moving Election Day

The Student Debt Racket

Obama Faces Tough Questions About Failed Solar Policy

Zombie-pocalypse Training

Wednesday, October 24, 2012

United Nations Seeks to Observe U.S. Elections

The United Nations through the Organization for Security and Cooperation in Europe will send 44 long term observer teams to the United States to observe its elections.

OSCE has reached the following conclusions about U. S. elections:

Following an official invitation from the United States Mission to the OSCE, and based on the findings and conclusions of a Needs Assessment Mission (NAM), the OSCE/ODIHR has deployed a Limited Election Observation Mission (LEOM) for the 6 November 2012 general elections.

A Needs Assessment Mission is designed to

assess the electoral framework and political climate in the country and to provide a realistic assessment of the existing conditions for the conduct of the 2012 national elections including the legal, political, human rights, operational security and institutional environment and to assess
the capacity and needs of electoral management bodies and political parties to organize,
supervise and respectively contest elections.


The OSCE often monitors elections in places such as Georgia, meaning the war torn republic near the Black Sea, not the Peach State.  UN observers were also sent to Timor in Indonesia.

In other words, the UN and OSCE have decided that the United States cannot meet their criteria for running our own elections.

Some states have pushed back against international observance.  Texas attorney general Greg Abbott said 

Groups and individuals from outside the United States are not allowed to influence or interfere with the election process in Texas.  This State has robust election laws that were carefully crafted to protect the integrity of our election system. The Texas Election Code governs anyone who participates in Texas elections—including representatives of the OSCE.

More on this from the Daily Caller 

Americans have long held strong suspicions of the United Nations.  Observance of elections will not change that.



News! Texas Tells UN Vote Observers "Steer Clear", WH Knew Benghazi Was Terrorism Within Hours, Lied Anyway, Green Energy Projects Produce Little


Texas Attorney General Warns UN to Steer Clear of Polls, Cites Contact With Political Organizations In US

Congressman McKinley Supports Seniors

McKinley and W.Va Delegation Obtain More Help For Summer Storm

Rahall Still Pushes Keynesian Strategy to Develop West Virginia

Democratic Delegation Thanks FEMA For Additional Funds

AP Ignored West Virginia Gubernatorial Debate

WMATA Ads Disclaimers to Controversial Jihadist Ads

Green Energy Pork Projects "Vaporizing"

White House Knew Benghazi Was Terrorism, And Lied Anyway

LSU Apologizes to Christian Fans

Overcriminalization A Costly Problem For Nation, West Virginia

While the presidential debate candidates discussed debt from Obamacare, Medicare, and other areas, they ignore a problem of both government spending and liberty.  The rising tide of imprisonment for non-violent offenses both eats up taxpayer dollars and expands a climate of fear usually seen in borderline authoritarian nations.

Norman Reimer, executive director of the National Association of Criminal Defense Lawyers (NACDL), in an interview with Heritage Foundation, blasted the rising rate of overcriminalization.  According to Reimer, "criminal laws are becoming more pervasive and more difficult to understand."

This stems from several sources.  One is a reaction to rising public demand for actual jail time handed to white collar criminals.

Reimer explains why the problem exists:

The politics of pandering. The allure that harsh penalties and new crimes are the answer to every problem. When there is a new drug or a new environmental crisis, the easy answer is to make a new criminal law. It is easy to propose new crimes because it looks like there is no cost associated with it, but there is a huge societal cost. There are more than an estimated 4,000 criminal statues and an additional estimated 300,000 criminal regulations.
There are 2.3 million people in prison in the United States. Whether you look at the raw number or per capita, that is higher than any other country on earth. We are not a nation of bad people. Politicians need to stop reflexively engaging in this demagoguery.

More people in prison means higher expenses.  A study in 2005 indicated that it cost almost $24,000 per year to incarcerate an individual, although this fluctuates wildly from state to state.

A study by Simon Leffler-Bauer and Stephen Haas for the State of West Virginia forecast that a prison population of just over 3,000 in 2000 will increase to nearly 10,000 in 2020 with no changes in policy.  In a state facing federal government assaults on its major industries and higher spending mandates, the dramatic rise in prison population is a serious fiscal issue.

Even more problematic remains the problem of liberty.  Reimer described  how a federal case emerged against a janitor who committed the horrific crime of rerouting some pipes.  The Environmental Protection Agency pushed to send him to jail.  Reimer and many other across the political divide from Heritage to Cato, to the ACLU have urged politicians to revisit criminal policy.

"The power to prosecute, the power to brand a person a criminal and strip them of their liberty is the most awesome power, short of warfare. It must be used with restraint."

Friday, October 19, 2012

"Cow Gas" Fines From EPA Looming Next Spring For Farmers, Charleston Gazette Reporter Slams EPA

Obama's former environmental czar Carol Browner told a throng of environmentalists that their hopes need not be dashed.  She said that a host of damaging regulations, fines, and taxes will be part of Obama's second term agenda.  "He will remain committed," she promised

According to the Washington Examiner, one of the new regulations is a "cow tax."  Farmers and ranchers that raise livestock will have to pay for their animal's gas emissions.

Up to 37,000 farmers will have to pay an average of $23,000 per year.

Senator Jim Inhofe, R-Okla, explained why the EPA is holding off until next year.  "They don't want all those pink slips and price spikes to hit until after the election.

This will at the same time force up the price of food, reduce the availability of healthy protein in the diets of children, and force small farmers out of the game.  Big Agriculture does not mind the tax because it will kill off much of the entrepreneurial "organic" farm competition. 

Society of Professional Journalists' President Ken Ward Jr of the leftist Charleston Gazette tweeted that the Obama EPA is the most secretive government agency that "I've covered in 20 years."

Thursday, October 18, 2012

Rahall Replies to Accusations of Tax Inconsistencies

Huntington Herald-Dispatch Story

The above link contains Congressman Nick Rahall's rebuttal to allegations of tax malfeasance.  The DC deduction may be an oversight.  Raleigh County officials claimed that there was no property tax deduction on his home there.

Rahall asserted that he pays his taxes in full.

Sex Scandals Destroy Public Trust In Revered Institutions, Penn State and the BBC

Year ago it was revelations about the Roman Catholic Church.  Then Penn State's football program.  Now the BBC will feel the wrath of a betrayed public.  And not a week goes by that the public school system does not have some embarrassing revelation.

Of all these, perhaps the worst of a series of tragic cases is the BBC.  Certainly religious betrayal is shocking and severe. In sheer numbers of cases found in a worldwide institution, it may outstrip all the other cases combined.  As for the American public school system, the sex scandal cases have come after the public generally lost faith in its effectiveness. And the schools, for what it is worth, generally do not cover up sexual abuse, even though some systems find it nearly impossible to get unions top allow the firing of molesters. Penn State, despite what its devotees may think, is influential only regionally.

The British Broadcasting Company is the worst case scenario, but could lead to a broader and more sensible understanding of government, media, and economic influence.

In the past month Jimmy Saville, a recently deceased fixture on a long running children's show, has been revealed to have committed possibly dozens of acts of sexual assault, child molestation, and rape.  Horribly, his show was called "Jim'll Fix It."  Its premise was that Saville would grant wishes to unfortunate children.  Now, many alleged that he molested them as well.  A week ago, Scotland Yard estimated that he may have victimized at least 60 children from 1959 to the 1990s

Strangely enough, Saville had full access to a maximum security psychiatric hospital for girls.  There, he would organize dances and parties without supervision from staff.

This opened a flood of accusations.  Former BBC actor Wilifred Brambell was accused of sexual assault.  And respected war correspondent John Simpson was ordered by his bosses to not name a third suspect in his autobiography.  Simpson described heinous acts committed by an individual he only identified as "Uncle Dick."

If true, the allegations go back to at least the 1950s, if not the 1920s.  In short, the BBC, affectionately referred to by many in Britain as "Auntie," may have fostered a cover up culture for nearly its entire existence.  This, while it branded itself as the measured voice and conscience of Great Britain to itself and the world.

Outside of the Royal Navy and the monarchy, few other institutions are so quintessentially British as the BBC.

The BBC has no American counterpart.  While CBS, NBC, ABC, and FOX are private enterprises, the BBC is a government owned entity.  It operates in radio, television, and online, dominating the media climate of the United Kingdom.  It is the perfect fusion of national image, government power, media influence, and economic muscle.  At the intersection of so much power and money, one often finds people who see themselves as above the law.

Penn State was a similar situation on a smaller scale.  The shining image had to be maintained, despite the collateral damage to individual lives.  They just hoped Sandusky would go away.  He didn't.  Sandusky continued to lead a group built to help boys in trouble.  Little did they know that Sandusky was the trouble.

Who could have predicted that the BBC would have sheltered such scandalous behavior?  Advocates of the free market understand that government owned enterprises remain most vulnerable to scandal, corruption, and coverup.  As government entities, they do not get held to account as easily as private enterprise.  They can call upon friends in government to protect them, to lean on people.

Penn State had a $100 million athletic department and a sainted football coach to protect.  The BBC had put its entire tradition and legacy at risk by failing to punish and help to prosecute these malefactors.

In fact the song sung by some in the BBC sounds suspiciously like that heard around State College last year.  A former BBC chair called the scandal "hysteria."  Despite a promise to get to the bottom of the problem, its programming nixed a documentary illustrating some of the accusations.  Frustrated Member of Parliament Ian Paisley Jr. remarked that even recently a BBC celebrity had committed sexual assault and "got away with it with no more than a shrug of the shoulders and a silly excuse."

In the case of the BBC, too many established interests coincided and predators like Saville exploited the culture.  Combination of government, economic, and media interests generally will create acceptance of corruption. Wrongdoing grows easier because there are no checks and balances.  This is just the most horrific and tragic example of what can happen.

Different News Outlets Report On Rahall Tax Problems

National Legal and Policy Center Release on Rahall

Daily Caller

Washington Free Beacon

Washington Times

CREW Lists Rahall As Among Most Corrupt

News! Donna the Deer Lady, Welfare at All Time High, Camera Prevents Bad Prosecution


How Big Government Caused a Big Drought This Year

Why Citizens Should Continue Filming Police In Action

Obama to Move Against Guns If He Gets a Second Term

Welfare At All Time High

Welfare Single Largest Budget Item Now

USDA Encourages Food Stamp Parties and Welfare Bingo Nights

Too Many Medical Errors Caused By Lack of Transparency

Congressman McKinley Honored By Farm Bureau, Talks With Local Farmers

EPA Takes Aim At Farmers

More Taxpayer Supported Solar Firms Fizzle

Washington DC Metro Unveils New Subway Cars

Bombardier Replaces CSX As Service Provider For Trains From Martinsburg to DC

Rahall and Rockefeller Request More FEMA Assistance

Obama Fails to Understand Profits and Markets

Donna the Deer Lady Confused About Deer Crossing Signs

Wednesday, October 17, 2012

Congressman Rahall Faces Accusations of Fraud By Watchdog Group

The Daily Caller, Washington Times,  and Washington Free Beacon are reporting that Congressman Nick Rahall, (D-3rd) is facing accusations of either tax or residency fraud.

The issue centers around a homestead exemption Rahall received from Washington D.C. for his townhouse there.  The deduction totaled $576.

In West Virginia, according  to the Washington Times, Rahall also claimed a tax break for "reduced owner-occupied" status.

The two deductions combined show that Rahall may consider his primary residence to be Washington D.C., which would violate the law.

Rahall's personal net worth is in excess of $2 million, which would indicate that it was probably an oversight or misunderstanding.

Melanie Sloan, of the left-leaning group CREW, or Citizens for Responsibility and Ethics in Washington, said:

“Rep. Rahall should pay back the money to the District of Columbia or drop out of his race for re-election in West Virginia,” Sloan told the Washington Times. “If the District of Columbia is his primary residence, I don’t know how he meets the residency requirements to serve as a representative from West Virginia.”

Rahall currently is considered a likely candidate for re-election in the West Virginia 3rd.  The fact that his district was polled, however, indicates that he is less of a lock than either David McKinley in the 1st or Shelley Moore Capito in the 2nd.

Accusations of financial irregularities contributed to the defeat of Alan Mollohan  in 2010, but the details came to light much earlier in the election season and involved a lot more money.


http://tinyurl.com/cj4g4xu

http://freebeacon.com/rahalls-follies/

Was Obama Also Talking About Coal Jobs When He Said "Some Jobs" Are Gone Forever

(Slipping into speculative op-ed form today)

This blog normally tries to shy away from the doings of campaigns and politics.  A lot of other people do that much better.  But sometimes politics and policy do come together and pose substantial questions.

Last night, there was this exchange, as described by the Daily Caller

 During Tuesday’s debate, the two differed over the future of manufacturing jobs. While Romney stressed the U.S. can ”compete with anyone in the world as long as the playing field is level,” Obama conceded: “There are some jobs that are not going to come back.”

When Obama means "some jobs," does he mean those that are naturally outmoded by advances, like horse and buggy makers or print news jobs?  Or does he mean jobs in industries that are systematically attacked by government policy?

Like coal.

The free market does a great job of replacing jobs of outmoded industries with other types of opportunities if government regulation, taxation, and policy stay out of the picture.  Those issues have a tendency to stifle innovation and drive opportunity across the borders and oceans.

This is a question that needs to be asked.  Mr. President, which jobs are not coming back?  Virginia, Ohio, and Pennsylvania coal miners may want to hear more about that. West Virginians already get the gist.


Tuesday, October 16, 2012

News! Not In Labor Force? Or Unemployed? Small Businesses Fear An Obama Future, Secretary of State Claims Responsibility



Michelle Obama: America in a "Great Recovery"

Small Businesses Fearful Of Future Tax Policies

Hundreds of Thousands "Not In Labor Force" But Also Not "Unemployed"

China Develops Weapons Capable of Hitting Orbiting Objects

Secretary of State Claims Responsibility For Benghazi Attack

Hope As a National Security Policy

Cybersecurity Left Out of Debates So Far

Michigan Mulls Mandate On Green Energy

Virginia Considers Constitutional Limits to Protect Private Property

Manchin Appears At Gestamp Ribbon Cutting


West Virginia Middle of the Road on Tax Policy

Last week, the Cato Institute released a study that gave Governor Earl Ray Tomblin middling marks for fiscal policy.  Yesterday, the State Tax Foundation showed equal enthusiasm for West Virginia's tax regime, giving the state a ranking of 23rd.

The State Business Tax Climate Index shows how competitive tax rates are with other states and how that might impact economic development.  It rates the following taxes on a scale of zero to ten in terms of how the taxes affect a state's competitive advantage.
  • Individual Income Tax
  • Sales Tax
  • Corporate Income Tax
  • Property Tax
  • Unemployment Insurance Tax
These are compared to other states, not an objective mark.

Each of the components of the index for West Virginia ranged in the middle.  The state scored best on sales tax at 19 and worst on the unemployment tax at 29.

Outside of Pennsylvania (which scored a 19 overall), West Virginia was rated better than any other neighboring state.  Kentucky rated 24, Virginia 27, Ohio 39, and Maryland made the worst ten at 41.

With tax and fiscal policy rated in the middle of states, West Virginia's main concern remains the judicial system's unfriendliness toward free enterprise.  Those indexes usually rate West Virginia among the worst states for business.  Clearly, as the Mountain State continues to become more competitive in other areas, it must address judicial and regulatory woes.

State Tax Foundation Tax Climate Index Can Be Read Here

Monday, October 15, 2012

Both Liberals and Conservatives Share Concerns About Stepped Up Surveillance

As Americans hurtle at full speed into the next millennium, individuals must confront the ever expanding impact of technology in everyday life.

Technology creeps up on society.  People gradually accept more technology as necessary almost without realizing it.  Gadgets stealthily grow into necessities.  They make the world easier and some cannot remember how they did without them.  In this way, surveillance cameras make life easier for intelligence and law enforcement.  But at what price to individual liberty?

Jan Stanley, senior policy analyst at the American Civil Liberties Union, argues that officials need to look at the effects of constant surveillance on civil societies in Eastern Europe under Communism.  He writes that:

They cite, for example, a memoir by Kati Marton about growing up in Budapest during the 1950s. Marton’s father, a reporter for the Associated Press, and her mother, a reporter for UPI, suspected but did not know that the government was monitoring them (documents later showed it was). And they never knew precisely how or when any surveillance was taking place. Yet this was enough to prompt them to take extensive measures to guard against such spying, and cast a pall of suspicion over their lives.
Marton’s father, for example, routinely felt he had to take evasive maneuvers when driving to make sure nobody was following him, and suspected that his children’s nanny was a spy for the government. Her mother was afraid to use the telephone, and even ripped it from the wall lest it be used by the government as a microphone even when no call was taking place.

Stanley does not compare law enforcement tactics of American police forces to those of the infamous Stasi, but says that the effect of constant surveillance can be debilitating on society as a whole.

Heritage Foundation last month expressed similar concerns about the possible uses of unmanned drones over American soil.  Since drones can be relatively small and quiet, they are much less detectable than, for example, a helicopter. 

At Heritage, the main concerns lay with possible interference with privacy rights and potential abuse by law enforcement.  This is a subtle, but important difference from Stanley's argument.  Although there are "acceptable domestic uses," Heritage argues that the law must establish guidelines before deployment of surveillance drones.  They assert that:

  • No fundamental liberty guaranteed by the Constitution can be breached or infringed upon.
  • Any increased intrusion on American privacy interests must be justified through an understanding of the particular nature, significance, and severity of the threat addressed by the program. The less significant the threat, the less justified the intrusion.
  • The full extent and nature of the intrusion worked by any new technology must be understood and appropriately limited. Not all intrusions are justified simply because they are effective. Strip searches at airports would certainly prevent people from boarding planes with weapons, but they would do so at too high a cost.
  • Whatever the justification for the intrusion, if there are less intrusive means of achieving the same end at a reasonably comparable cost, the less intrusive means ought to be preferred. There is no reason to erode Americans’ privacy when equivalent results can be achieved without doing so.
  • Any new system that is developed and implemented must be designed to be tolerable in the long term. The war against terrorism, uniquely, is one with no foreseeable end. Thus, excessive intrusions may not be justified as emergency measures that will lapse upon the termination of hostilities. Policymakers must be restrained in their actions; Americans might have to live with their consequences for a long time.
From these general principles one can derive certain other, more concrete conclusions regarding the development and construction of any new technology—principles that are directly relevant to the deployment of drones domestically:
  • No new system should alter or contravene existing legal restrictions on the government’s ability to access data about private individuals. Any new system should mirror and implement existing legal limitations on domestic or foreign activity, depending on its sphere of operation.
  • Similarly, no new system should alter or contravene existing operational system limitations. Development of new technology is not a basis for authorizing new government powers or new government capabilities. Any such expansion should be justified independently.
  • No new system that materially affects citizens’ privacy should be developed without specific authorization by the American people’s representatives in Congress and without provisions for their oversight of the operation of the system.
  • Finally, no new system should be implemented without the full panoply of protections against its abuse. As James Madison told the Virginia ratifying convention in 1788, “There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.”[6]
 Both Heritage and the ACLU, normally at odds, understand that a "surveillance society" comes at the cost of rights, liberty, and quality of life.  Governments must weigh the issues carefully before subjecting citizens to it.

ACLU

Heritage

News! Manchin Asks For Stories of Prescription Drug Abuse, Chuck Yeagar Flies Again, Iran Uses University of Michigan System, America Has Some Uuuuuugly Colleges


Yeagar Recreates Historic Flight

Hail to the Victors? Iran Uses University of Michigan Network to Launch Cyberattacks

Jindal's Education Reform Plan Faces Day in Court

Radio Liberty Outlawed, Will Cease Operations

McKinley Speech Emphasizes Supporting Miners and Mining

Capito Mobile Office Schedule

Rahall Defends Airport Grants

Manchin Criticizes China "Dumping" Products

Manchin Asks West Virginians to Share Stories and Concerns About Prescription Drug Abuse

 Fidel Castro Relied Upon Former SS

Intellectuals Like Honey Boo Boo Too

America's Ugliest College Campuses


Thursday, October 11, 2012

Employment Announcement For Security Guard at U. S. Embassy in Libya, January 2012

ANNOUNCEMENT NUMBER: 011-0008
OPEN TO: All Interested Candidates/All Sources
POSITION: Security Guard, FSN-3; FP-BB*
OPENING DATE: January 02, 2012
CLOSING DATE: Open Until Filled
WORK HOURS: Full-time; 40 hours/week
ALL ORDINARILY RESIDENT (OR) APPLICANTS MUST HAVE THE REQUIRED WORK AND/OR
RESIDENCY PERMITS TO BE ELIGIBLE FOR CONSIDERATION.
The U.S. Embassy in Tripoli is seeking an individual for the position of Security Guard in the
Regional Security Section.
BASIC FUNCTION OF POSITION
This position provides protective services to U.S. Government employees and facilities.
QUALIFICATIONS REQUIRED
All applicants must address each selection criterion detailed below with specific and
comprehensive information supporting each item.
• Completion of Secondary School is required.
• Two years of experience in military, law enforcement or security work is required.
• Level I (Rudimentary Knowledge) is required. (English language level will be tested)
• Must be able to follow guard orders and to take action in the event of an emergency.
SELECTION PROCESS
When fully qualified, US Citizen Eligible Family Members (USEFMs) and US Veterans are
given preference. Therefore, it is essential that the candidate specifically address the
required qualifications above in the application.
ADDITIONAL SELECTION CRITERIA
1. Management will consider nepotism/conflict of interest, budget, and residency status in
determining successful candidacy.
2. Current employees serving a probationary period are not eligible to apply.
3. Current Ordinarily Resident employees with an Overall Summary Rating of Needs
Improvement or Unsatisfactory on their most recent Employee Performance Report are not
eligible to apply.
4. Currently employed US Citizen EFMs who hold a Family Member Appointment (FMA) are
ineligible to apply for advertised positions within the first 90 calendar days of their
employment.
5. Currently employed NORs hired under a Personal Services Agreement (PSA) are ineligible
to apply for advertised positions within the first 90 calendar days of their employment
unless currently hired into a position with a When Actually Employed (WAE) work schedule.
TO APPLY
Interested candidates for this position must submit the following for consideration of the
application:
1. Universal Application for Employment (UAE) as a Locally Employed Staff or Family
Member (DS-174); or
2. A combination of both; i.e. Sections 1 -24 of the UAE along with a listing of the
applicant’s work experience attached as a separate sheet; or
3. A current resume or curriculum vitae that provides the same information found on the
UAE (see section 3A below for more information); plus
4. Candidates who claim US Veterans preference must provide a copy of their Form DD-214
with their application. Candidates who claim conditional US Veterans preference must
submit documentation confirming eligibility for a conditional preference in hiring with their
application.
5. Any other documentation (e.g., essays, certificates, awards) that addresses the
qualification requirements of the position as listed above.
3A. If an applicant is submitting a resume or curriculum vitae, s/he must provide the
following information equal to what is found on the UAE.
Failure to do so will result in an incomplete application.
A. Position Title
B. Position Grade
C. Vacancy Announcement Number (if known)
D. Dates Available for Work
E. First, Middle, & Last Names as well as any other names used
F. Date and Place of Birth
G. Current Address, Day, Evening, and Cell phone numbers
H. U.S. Citizenship Status (Yes or No) & status of permanent U.S. Resident (Yes
or No; if yes, provide number)
I. U.S. Social Security Number and/or Identification Number
J. Eligibility to work in the country (Yes or No)
K. Special Accommodations the Mission needs to provide
L. If applying for position that includes driving a U.S. Government vehicle,
Driver’s License Class / Type
M. Days available to work
N. List any relatives or members of your household that work for the U.S.
Government (include their Name, Relationship, & Agency, Position, Location)
O. U.S. Eligible Family Member and Veterans Hiring Preference
P. Education
Q. License, Skills, Training, Membership, & Recognition
R. Language Skills
S. Work Experience
T. References
SUBMIT APPLICATION TO
Human Resources Office
E-Mail: Tripoli_Jobs@state.gov
DEFINITIONS
1. Eligible Family Member (EFM): An individual related to a US Government employee in
one of the following ways:
• Spouse or same-sex domestic partner (as defined in 3 FAM 1610);
• Child, who is unmarried and under 21 years of age or, regardless of age, is incapable of
self-support. The term shall include, in addition to natural offspring, stepchildren and
adopted children and those under legal guardianship of the employee or the spouse when
such children are expected to be under such legal guardianship until they reach 21 years of
age and when dependent upon and normally residing with the guardian;
• Parent (including stepparents and legally adoptive parents) of the employee or of the
spouse, when such parent is at least 51 percent dependent on the employee for support;
• Sister or brother (including stepsisters and stepbrothers, or adoptive sisters or brothers)
of the employee, or of the spouse, when such sibling is at least 51 percent dependent on
the employee for support, unmarried, and under 21 years of age, or regardless of age,
incapable of self-support.
2. US Citizen Eligible Family Member (USEFM): For purposes of receiving a preference in
hiring for a qualified position, an EFM who meets the following criteria:
• US Citizen; and,
• EFM (see above) at least 18 years old; and,
• Listed on the travel orders of a direct-hire Foreign, Civil, or uniformed service member
assigned to or stationed abroad with a USG agency that is under COM authority, or at an
office of the American Institute in Taiwan; and either:
1. Resides at the sponsoring employee's or uniformed service member's post of assignment
abroad or at an office of the American Institute in Taiwan; or
2. Resides at an Involuntary Separate Maintenance Allowance (ISMA) location authorized
under 3 FAM 3232.2.
3. Appointment Eligible Family Member (AEFM): EFM (see above) eligible for a Family
Member Appointment for purposes of Mission employment:
• Is a U.S. citizen; and
• Spouse or same-sex domestic partner (as defined in 3 FAM 1610) or a child of the
sponsoring employee who is unmarried and at least 18 years old; and
• Is listed on the travel orders or approved Form OF-126, Foreign Service Residence and
Dependency Report, of a sponsoring employee, i.e., a direct-hire Foreign Service, Civil
Service, or uniformed service member who is permanently assigned to or stationed abroad
at a U.S. mission, or at an office of the American Institute in Taiwan (AIT), and who is under
chief of mission authority; and
• Is residing at the sponsoring employee's post of assignment abroad or, as appropriate,
office of the American Institute in Taiwan.
• Does not receive a Foreign Service or Civil Service annuity
4. Member of Household (MOH): An individual who accompanies a direct-hire Foreign,
Civil, or uniformed service member permanently assigned or stationed at a U.S. Foreign
Service post or establishment abroad, or at an office of the American Institute in Taiwan.
An MOH is:
• Not an EFM; and,
• Not on the travel orders of the sponsoring employee; and,
• Has been officially declared by the sponsoring USG employee to the COM as part of
his/her household.
A MOH is under COM authority and may include a parent, unmarried partner, other relative
or adult child who falls outside the Department’s current legal and statutory definition of
family member. A MOH does not have to be a US Citizen.
4. Not Ordinarily Resident (NOR) – An individual who:
• Is not a citizen of the host country; and,
• Does not ordinarily reside (OR, see below) in the host country; and,
• Is not subject to host country employment and tax laws; and,
• Has a US Social Security Number (SSN).
NOR employees are compensated under a GS or FS salary schedule, not under the LCP.
5. Ordinarily Resident (OR) – A Foreign National or US citizen who:
• Is locally resident; and,
• Has legal, permanent resident status within the host country; and,
• Is subject to host country employment and tax laws.
EFMs without US Social Security Numbers are also OR. All OR employees, including US
citizens, are compensated in accordance with the Local Compensation Plan (LCP).
CLOSING DATE FOR THIS POSITION: Open Until Filled
The US Mission in Tripoli provides equal opportunity and fair and equitable treatment in
employment to all people without regard to race, color religion, sex, national origin, age,
disability, political affiliation, marital status, or sexual orientation. The Department of State
also strives to achieve equal employment opportunity in all personnel operations through
continuing diversity enhancement programs.
The EEO complaint procedure is not available to individuals who believe they have been
denied equal opportunity based upon marital status or political affiliation. Individuals with
such complaints should avail themselves of the appropriate grievance procedures, remedies
for prohibited personnel practices, and/or courts for relief.

Kansas Picked to Win Big 12, WVU Voted 6th Place

Kansas Picked to Win Big 12, WVU Picked 6th

Short comment:

With Huggins' proven ability to develop talent and the Big 12 featuring more traditional (yes, read, big and slow) post players, WVU should improve from last year.  I predict a 3rd place finish.

News! Maryland Casino May Hurt MD Business, Not Charles Town, 1.8 Million Private Sector Jobs Lost, State Department Nailed on Libya, Religious Liberty Declines, Scientific Fraud Rising



Proposed Maryland Casino More Likely to Siphon Customers From Maryland Than West Virginia

1.8 Million Private Sector Jobs Lost Last Summer

Admission: Attacks Unrelated to Video

House Committee Questions State Department on Benghazi

State Department Grilled

Pew Forum Downgrades U.S. On Religious Liberty

Spontaneous Solar Panel Combustion?

"There's Nothing Fair About Making Everybody Poor"

Divisive Legacy of Vatican II

Fraud in Scientific Studies Rising

Big Bird and the Budget

Wednesday, October 10, 2012

News! All of the Above Is Changing, Private Sector Employment Poor



The Changing Definition of "All of the Above" Energy Policy

McKinley Addresses Medicare Reform

Private Sector Employment Dismal

Social Issues On State Ballots

Supreme Court Tight On College Admissions Case

More Sweetheart Deals For Congress

Kicking Big Bird Off Of Welfare

McKinley Speech Highlights Forum on Medicare Reform

To those who experience life threatening conditions, "acute care" is a traumatic experience of its own.  A patient gets rushed to the hospital with a deadly wound, heart attack, or some other condition.  The doctors have to poke, prod, sometimes even cut, to stabilize the sufferer.  Most people perceive that a person needs a long stay in the hospital to rest and recuperate.  Or that they will certainly have to make exhausting trips to and from the hospital for care.  For all insurance providers, but particularly Medicare, hospital stays and visits can break the bank.

As the nation closes in on both a crisis of debt and of Medicare solvency, some in Congress have explored solutions.  Congressman Paul Ryan, now Republican vice presidential nominee, proposed a comprehensive plan several months ago.  David McKinley, Republican representative from West Virginia's first district has been working on ways to cut costs to providers while providing benefits to patients.

In Washington today, the Alliance for Home Health Quality and Innovation unveiled a plan called the Clinically Appropriate and Cost Effective Placement Study (CACEP) that relies less on hospitals and more on home based health resources.  McKinley said that it will save billions.  But more importantly, "patients can receive care in a setting where they feel most comfortable."

Currently, Medicare loses money through a fee-for-service payment system.  According to the AHHQI:

Models indicate that moving Medicare away from a siloed fee-for-service payment system to one that better aligns incentives by adding an explicit policy to reduce Medicare fee-for-service post-discharge spending by 7.5 percent would yield Medicare savings of $100 billion over 10 years.

In other words, the AHHQI calls for Medicare to adopt policies that are more flexible and can better accommodate home health care solutions.  The study also found that home health care settings tend to be less expensive than "formal first settings" such as hospitals. McKinley noted that "better post acute care leads to less hospital readmissions."

The Veterans' Administration's home health care system was illustrated as a viable alternative to Medicare's in that it is more effective, more flexible, and less expensive.

West Virginia, along with other rural and mountainous states, has particular problems with mobility and accessibility.  Despite having 52 hospitals and 50 rural clinics, many post acute care patients have difficulty getting to appointments and care. 

McKinley related how his family brought his mother home for care rather than extended hospitalization.  He described how she enjoyed better "quality of life" and "dignity of treatment."

The plan released by the AHHQI should provide a starting point for discussing improved care and addressing costs.  According to Executive Director Teresa Lee, "In releasing this report, we look forward to being part of further discussions on how post-acute care can be reformed to ensure that patients receive quality care in the least expensive setting."




Tuesday, October 9, 2012

Earl Ray Tomblin Scores Average In Study Of State Fiscal Soundness

Where Joe Manchin received an A, Earl Ray Tomblin has only received a C.  The West Virginia governor's score, however, is a hair beneath that of Texas governor Rick Perry and exactly the same as Virginia chief executive Bob McDonnell.

The Cato Institute released its 2012 report on fiscal policy under each governor.  This study rewards "reform minded" governors who find ways to reduce taxes and spending while grading down those who resort to "old-fashioned" tax and spend policies.

Overall, state spending across the nation has leveled off in the past three years.  It rose dramatically from $1.41 trillion in 2000 to $2.24 trillion in 2009.  Since then, it has risen in small increments to a projected $2.29 trillion this year.

The overall effect of reducing taxes provides substantial benefits.  According to Cato:

A study by the Council on State Taxation and Ernst and Young tallied the total cost of state and local taxes on businesses. In 2011 property taxes cost businesses $245 billion, sales taxes on business inputs cost $130 billion, and state corporate income taxes cost $46 billion. A slew of other state and local taxes cost businesses a further $223 billion. All in all, state and local taxes on businesses cost a huge $644 billion, which is more than double the cost of federal corporate income taxes.

The study went on to say that:

Policymakers who want to reinvigorate America’s manufacturing and industrial sectors
should look at reforming the many state and local taxes that impede business investment


Cato asserted that party affiliations reflect more consistency than in the past.  Republicans tend to spend and tax less while Democrats tend to do more of both.  Even four years ago, many Democrats, such as Manchin, scored high while some Republicans scored poorly.  It should be noted that Cato Institute is a frequent critic of the Republican Party and many elected officials identified with it.

Governor Tomblin received a mixed score because, while taxes have been reduced slightly (including a 0.75 percent reduction in corporate income taxes), spending has risen by 12.5 percent.  


West Virginia
Earl Ray Tomblin, Democrat Legislature: Democratic
Grade: C Took Office: November 2010
Governor Tomblin’s predecessor, Joe Manchin, earned an “A” on Cato’s report card as a result of his pro-growth tax cuts and moderate spending. Tomblin has a more mixed record. He approved a tax increase on hospitals, but he also approved a phase-out of sales taxes on food. Also, Tomblin supports the scheduled reduction in the corporate tax rate originally enacted under Manchin. However, spending has risen under Tomblin. The general fund budget is expected to increase more than 10 percent between fiscal 2011 and fiscal 2013.


In surrounding states, Ohio governor John Kasich (R) scored highest at 58, McDonnell of Virginia received a 50, Martin O'Malley (D) of Maryland earned a 42, Kentucky governor Steven Beshear received a 48 and Tom Corbett of Pennsylvania received an A grade with a score of 68

Cato study can be read here

Representative McKinley to Help Promote Medicare Savings Initiative

Entitlement spending is driving America's explosion of debt.  In the next several years, Medicare threatens to serve as the primary problem facing those looking to cut into federal spending.  Any solution that brings federal spending under control has to also address Medicare.  Tomorrow morning, Representative David McKinley (WV-1) will take part in a panel discussion that will propose some relief.

Medicare spending, as a percentage of Gross Domestic Product, will more than double between 2010 and 2050.  And that prediction from the Heritage Foundation assumes that federal spending does not cause a contraction in GDP.  The Alliance For Home Health Quality and Innovation, who is putting together the panel discussion, will propose how care in the home can lead to Medicare savings.

According to Medicare.gov, home health care currently covers a wide range of services.  These are listed below:

Home Health Care Services Covered By Medicare

Medicare, however, does only cover services for patients considered "homebound." 

The AHHQI, in a report last April based on case examples, claimed that thousands of dollars per patient could be saved by increasing home health care. 

Homebound patients are not inexpensive, however.  According to the National Association for Home Care and Hospice, patients at home suffering from chronic conditions represent almost 50 percent of health care costs.  The NAHC calls for improved technology and techniques which could "make greater use of technology that cuts costs and improves the quality of care."  They go on to say that "there is proof that home-based telehealth, for instance, promotes more efficient use of nursing and other professional resources. It also helps patients, aided by family members, to self-manage their care and produces digital records that can be audited to reduce the incidence of fraud."  

The panel discussion will take place at 9 AM, Wednesday October 10.

To see a webcast, click here

News! Maryland Still Riled Up Over Charles Town, Almost a Million For Romney, Big Bird Needs to Get Off of Welfare



Congresswoman Capito Secures Almost $1 Million For Romney

It's not what you think!

Rahall, Manchin Announce Series of Grants

Maryland Angst Over West Virginia Casino Revenues

Congresswoman Capito Comments On Jobless Numbers

A Way to Bypass Labor Regulations

Did Apple Sell Its Soul?

Cato Lists Best and Worst Governors On Fiscal Policy

Congressmen and women Financially Benefit From Legislation That They Support

White House Costs Almost $1.5 Billion Per Year

Big Bird, Welfare Queen

Taliban Assassinate Teenage Libert Activist

Friday, October 5, 2012

Big Bird Has More of a War Chest Than 34 Nations

In the presidential debate, Mitt Romney announced that, yes, he would cut funding to PBS.  Since then, an entire "War on Big Bird" narrative has seeped into mainstream media discourse.  Fact is, though, 34 nations have a defense budget smaller than the yearly revenue of Sesame Street alone.

According to an International Herald Tribune article from a few years ago, Sesame Street earns over $100 million per year.  That is twice as much as many sub-Saharan African nations spend on national defense.  It is over ten times more than NATO member Iceland.

PBS receives $450 million from taxpayers, which forms a relatively small part of its overall operating budget.  It has faced competition from an explosion of cable TV networks that offer much of the same educational programming as PBS.

The U.S. debt has topped $16 trillion this year.  Neither Obama, nor congressional Democrats have proposed a plan to address it immediately.

International Herald Tribune Article

Defense Budgets

News! Why "gangstas" Aim Their Guns Sideways, Washington Metrorail Dangerous to Blind



Washington Metro Deadly For the Blind

Advocates Claim Washington Metrorail Has Ignored Safety of Blind For Over Twenty Years

IRS Claims Obama's Tax Increases Put A Million Small Businesses In Jeopardy

Intelligence Officials Angered Over White House Cover Up On Benghazi

U.S. Navy Honors Medal of Honor Winning SEAL

Is Lack of a Farm Bill a Bad Thing?

Anti-Jihadist Message In New York City Subways

Why Do Gangstas Aim Their Guns Sideways?

Wednesday, October 3, 2012

Tasty Lunches For Me, But Not For Thee

The federal government through the Department of Agriculture established school lunch nutrition standards that have ignited protests across the nation.  Now Representative Tim Huelskamp (R-KS) has a challenge to the USDA.

Take your own medicine.

The cafeteria at the USDA features BLTs, french fries, Philly cheesesteaks, and cheeseburgers.  School lunch calorie counts are capped at 850 for high school students and only 700 for middle school. They also require heavy portions of fresh fruits and vegetables.  School systems must abide by federal guidelines or risk losing government subsidies

Students have two major complaints.  First, that the new lunches just don't taste good.  A year ago, Kanawha County, W. Va students told the school board that most of the food simply went in the trash.  Not only are the vegetables rejected, but the amount of sodium allowed in lunches has been slashed.  No longer does Salisbury steak come with gravy.

Fed up with the waste of food and taxpayer money, Lake County, Florida has decided to film the disposal of food.  Some parents fear that this could lead to reprisals against the students, but board members have a different idea.  Board member Tod Howard wants to show the federal government how wrong headed the policy is. “It will also give us documentation so that we can go back to the federal government and say here’s what we are finding,” he said. “We do know there’s an issue.”

Others complain that the lunches cannot support the physical needs of more active children.  A protest video created by Kansas high school students mocks authorities while dramatizing the fact that student-athletes could be starving.  It cites health websites that claim teen athletes need between 2,000 and 5,000 calories per day. 

Kansas Video: "We Are Hungry"

"We hear them complaining around 1:30 or 2:00 that they are already hungry," said Linda O'Connor, a high school English teacher at Wallace County High School in Sharon Springs, Kansas who encouraged the students to create the video. "It's all the students, literally all the students... you can set your watch to it." 

Huelskamp has introduced legislation that would roll back the "one size fits all" mandates.  In the meantime, he challenges USDA bureaucrats to live on the same nutrition standards imposed upon school children.

In the meantime, the Obama Administration has started to encourage students to bring snacks from home to supplement the smaller lunches. 


EPA Hides Information, Wheels Coming Off Obamacare, UN Corrupt and Wasteful


Wheels Are Coming Off Of Obamacare Already

EPA Uses Private Email Accounts to Avoid FOIA

White House Cyber Attack

Congressman Demands That USDA Follow School Lunch Restrictions In Own Cafeterias

Heritage Foundation Clashes With Fact Checker Over Welfare

Corruption and Waste at the United Nations

Study Shows How States Can Propsper When They Embrace Free Markets

Teacher Unions Losing Political Support

Biden Says That Obama Years Have "Buried" the Middle Class

Rockefeller, Manchin, Rahall, Fight For Telescope

Diabetes Research Funded By Grant

Tuesday, October 2, 2012

Supreme Court to Address Race Preferences in College Admissions

The United States Supreme Court is set to hear a case that could transform admission practices at colleges and universities across the country.

Julie Ershadi of Human Events writes:


Fisher v. University of Texas is the case brought by Abigail N. Fisher, who did not meet the University of Texas at Austin’s cutoff for automatic admission to its undergraduate program. She was also denied admission from within the general pool of applicants, for which it is the university’s policy to include race as a deciding factor.
Fisher sued the school in 2008, claiming that the race-based admissions policy was unconstitutional.
The Court could fail to resolve the case for two procedural reasons: After UT Austin rejected Fisher, she matriculated to Louisiana State University, raising the question of whether the case is a live issue any longer. Second, Justice Elena Kagan has recused herself from the case. Before she recused herself, National Review Online pointed out that doing so would open the door for a 4–4 tie on the ruling.
But Fisher’s alma mater and Kagan’s recusal are unlikely to make a difference due to Justices Anthony Kennedy and Samuel A. Alito, Jr.’s history of suspicion toward affirmative action and other race-based programs, Goldstein said.

Due to the importance of the case, it is unlikely that the Supreme Court will decline to rule on the basis of it not being a "live issue."  The policy remains in place, even if the student did not attend Texas.  Also, even if the case does end in a 4-4 tie, the opinions generated will help to refine and define what colleges may do in respect to race.

West Virginia University has more restrained policies, such as the one quoted below from WVU Medical School.  It calls for the percentages of minorities to be somewhat approximate to the distribution of state population.

Although the State demographics reflect a small percentage of traditional underrepresented minorities, the School will attempt at a minimum to match our state diversity in an effort to improve the education, healthcare, and research missions for its students, faculty and the citizens of West Virginia. This is congruent with the school, health sciences center, and university strategic plans.
This policy is implemented to ensure that there are no quotas or set-asides. Regardless of an applicants’ characteristics, they are considered in the same competitive pool using the same application of University policies and procedures.  We will evaluate the effectiveness of the policy on a regular basis to see if the diversity goals for students, faculty and staff are being achieved.
Even the limited nature of WVU policies does not address the controversial issue, that race based policies do not address the main problem on many campuses.  Although physical diversity in admissions and hiring is actively desired by almost all campuses, very few pursue the idea of intellectual diversity.

News! Obamas Say Eat More Vegetables and Pay More Too, More MediScare, Fast and Furious Weapons Kill Kids, California in Decline



 How Obama Hurts American Energy

Liberal Union Supporters Protest Film Made By Liberal Union Supporters

Congressman McKinley Hears Veteran Concerns

DHS Unprepared for EMP Threat to National Power Grid

Obamas: Eat More Vegetables, But Pay More For Them, Too

Industry Declines Under Obama

Liberal Medi Scare

War on Coal Succeeding

Congresswoman Capito Wins Mine Safety Grant

Border Insecurity: U. S. Law Enforcement Killed on Border In Drug War

Fast and Furious Weapons Connected to Civilian Hits in Mexico

Child Molester Hired By TSA

Another White House Scandal: Working Illegally With 501 (c) (3) Non Profits

Detroit's Disastrous Decline

California's Not Far Behind

Top 15 Civil War Movies

Wednesday, September 26, 2012

Big Trouble Brewing In China

A common theme among the great nations in history is upheaval.  Great nations are established, then led by great men or women.  Then comes the corrupt, negligent, overly wrathful, or simply bad.  The people suffer, the social systems break down, and the leaders remain unable or unwilling to make the changes necessary to right the ship.  King Ahab, King Zhou of Shang, and King George III among others all found the divine recruited against their ways.  All found decisive defeat as a result.

America's Declaration of Independence appealed equally to Nature's God and "the opinions of mankind" to justify separation from the realm of His Majesty George III and Parliament.  China has many of its own examples of poor leadership in history, the most egregious being its version of Caligula, a degenerate known as King Zhou of Shang. When a government is no longer of positive use, heaven itself will reject it for the sake of the people.  This powerful undercurrent lies beneath the political culture of the planet's two most powerful nations.  The U.S. appeases this demand through regular elections.  China's system has no such release, and this forms a major threat to the system.

China's mandate of heaven philosophy dates back to the time of Confucious.  It has four major tenets:


1) Heaven grants the emperor the right to rule,
2) Since there is only one Heaven, there can only be one emperor at any given time,
3) The emperor's virtue determines his right to rule, and,
4) No one dynasty has a permanent right to rule.

Over the past decade, China has impressed observers with its apparent economic growth.  They built the world's tallest building, connected high ridges with the world's longest bridges, and in the past year, built a 30 story building from prefabricated parts in 15 days.  Communist China, however, remains the same nation that saw the bloody repression of basic liberties at Tienanmen Square 25 years ago.  

Some of the closest Western observers have gone bearish on China's prospects.  The blog ChinaGeeks.com  noted that air pollution in major cities, notably the capital of Beijing, has risen substantially and contributed to a 60% rise in cancer rates.  One writer, filmmaker Charlie Custer says about food safety,  "Things have simply gotten to the point that it’s impossible to feel confident that what you’re eating is healthy, or even real, unless you’re on a farm."  Strangely enough, this includes reports of not only inedible pork, but also exploding watermelons.

Basic problems of health and safety go hand in hand with a regime both increasingly oppressive at home and belligerent abroad.   Failed defector Wang Lijun received a 15 year sentence for trying to escape to the United States.  A British national, Mark Kitto was quoted by Bloomberg Businessweek saying “One day they are going to run out of money, and run out of soldiers and police" to curb discontent.

Meanwhile China remains bent on escalating its problems with neighboring countries.  It deployed its first aircraft carrier, currently known as Number 16, in the face of territorial disputes with Japan, Vietnam, and the Philippines.  The Japanese government reasserted its hundred year old ownership of one island group while Vietnam's National Assembly passed an act establishing a claim to islands seized by China from South Vietnam in 1974.  

This comes at a dangerous point.  China's leadership has grown factionalized and there could be a coming conflict between conservative bureaucrats and more nationalists hard-liners.

In China, however, the main issue is the population itself.  Historically, when nations with authoritarian systems also have rising middle classes, they usually must liberalize or face revolution.  The Communist system in China also faces the people's anger over environmental issues.  Air pollution is most visible, but China also has severe issues with its groundwater. Three years ago, CBS News discovered a gigantic open dump in the southern part of the country where deadly dioxin had been leaching into the ground for years.  


Just as Gorbachev's response to Chernobyl helped to usher the Soviet Union into the dustbin of history.  China's increasing oppression of liberty, unhealthy environment, and foreign brinksmanship could turn discontent into open rebellion.  The mandate of heaven principle lies in wait for the people to flock to its cause.


After revolution, however, then what?  The best case scenario lies in a simple transfer of the Taiwanese Nationalist China government to Beijing, loosely mimicking the unification of Germany in the 1990s.  Worst case scenario is an aggressive nationalist dictatorship ready to confront Vietnam, Taiwan, the Philippines, India, Japan, and even Russia and the United States.  The goal would be regional hegemony. Only demonstrations of strength and resolve can maintain peace in the face of such a development.  Even then, war may be inevitable.

Even as violence once again threatens to engulf the Middle East, American policy makers can not afford to ignore China.






News! Education Spending Highest Ever, SATs Lowest, Obama Appoints War on Coal Field Marshal, Marylanders Whining About W.Va Again


Twitter and the Importance of Freedom of Speech

Obama Finds a Patton For His War on Coal

Less Economic Freedom, More Pollution, Less Opportunity

Marylanders Complain That 450 Treasury Jobs Moving to W.Va, Not Hyattsville MD

Education Spending Higher Than Ever, SAT Scores Plummet

Leadership Uncertainty in China

Rahall Says Strong Medicare Plan Essential For Seniors

Clinton Associated Foundation Holds Events In Country Notorious For Human Trafficking

Madonna Doesn't Know President's Religion, Or What Irony Is