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Ohio Voter ID

Sixth Circuit orders Ohio to implement new system to verify voter registrations

Election Law Blog has a short, useful summary. A three-judge panel from the same court ruled last week that the Democrat Secretary of State, who’s resisted GOP efforts to implement the new system, could rely on the current procedures. The full panel reversed that ruling today, which means now she’ll have to report mismatches between names on registration forms and names on DMV records to the local county elections boards. Ohio Republicans exult and lower the boom

Court of Appeals orders Ohio to set up new system to verify voter registration


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Election '08

The MSM were obsessed with GOP Congressman Mark Foley's messages to a page, but they won't give us the "ugly details" of Foley's Democrat replacement Tim Mahoney's sex scandal. Mahoney threatened his mistress, paid her $120,000 in hush money, and involved the House Democrat Leadership in the cover-up to keep his seat.

The ugliness in Obama's crowds. Will David Gergen and the MSM demand Obama tone down hate like this KKK display?


Reverend Jackson promises that Obama will limit the clout of Jews in government.

ACORN's aim is not to register phony voters to cast ballots for Obama. It's to muddy the waters on Election Day and create chaos at the polls. That will create an opening for their lawyers to go in and contest other votes.

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Bus Ride

Obama: I don’t need ACORN’s help

Not quite under the bus, but off the bus and hearing the engine being gunned.

The extent of his relationship with ACORN was as a lawyer? No training sessions for Project Vote or $800,000 campaign outlays to ACORN affiliates for GOTV efforts?

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Confirming Your Suspicions About Obamanomics.

Invasion of the Wallet Snatchers

So, as we examine Obama's economic policy proposals, we ought to look at them with a skeptical eye. Many of the proposals won't become law. Others will be modified beyond recognition. Still others will be cast aside, as unforeseen developments force the rejection of old ideas and the adoption of new ones. The economy could worsen. The wars in Iraq and Afghanistan could worsen. The United States could become involved in new conflicts in Darfur, Iran, Pakistan, the Korean peninsula, Taiwan, or someplace no one has ever heard of. Al Qaeda could strike again. And don't forget Putin.

There are, however, a few basics we can take for granted. If Obama is elected president in a few weeks, not only is enrollment in this class going to spike, but federal taxes, spending, and the deficit--at least in the short term--are all going to rise. As taxes on the rich go up, the income threshold at which one becomes "rich" is likely to go down. Obama wants billions in new spending, and, if the Bush presidency is any indication, he won't stop Democrats in Congress from spending even more. And the new spending, combined with the loss in revenue from an economy in recession, will increase the deficit.

There are all sorts of taxes that can be raised, and a President Obama is going to raise almost all of them. He's going to raise federal income taxes on families making more than $250,000 a year. He's going to raise capital gains and dividend taxes. He's going to raise the corporate and estate taxes. He's proposing a windfall profits tax on oil companies. He'd like to tax "carried interest" as private income. He's suggested lifting the cap on income subject to the payroll tax.

Obama says that, under his plan, tax rates on incomes below $250,000 will not change, and that "95 percent" of Americans will actually get an income tax cut. But this is misleading. Plenty of Americans pay very little, or absolutely no, federal income tax. So it's hard to give them a tax "cut." What Obama is actually proposing is a refundable tax credit--it's unclear whether it's a one-shot deal or permanent--of $500 per person.

He wants to take the federal tax code and carve out all these credits and exemptions so that the overall tax burden becomes slightly more progressive, and more government benefits flow to the middle class and poor. That means an already complicated tax code is about to become even more complicated. And that income tax hikes on the wealthy are going to finance benefits for some people who don't pay any income tax at all. This isn't "cutting" taxes, by which one usually means across-the-board, permanent rate cuts. It's another form of spending.

The first is his opposition to free trade. Obama has opposed every trade deal under consideration since he's been in Congress, which, admittedly, isn't all that long. During the Democratic primaries he called for renegotiating NAFTA. He may praise free trade in interviews with the financial press, but he clams up when faced with a large crowd. And unlike Bill Clinton, Obama has nary a positive word for free trade in general, even though it has produced undeniable benefits for Americans and people worldwide. Obama attacks "companies that ship jobs overseas," but he doesn't have much else to say about the global economy. Democratic economists will tell you Obama knows better and is just saying what's politically expedient. Talk about a profile in courage.

For the sake of the U.S. and global economy, Obama can't allow the AFL-CIO and other unions to dictate trade policy.

But they just might, because Obama has shown no sign of breaking with the unions on any issue. This is the second-most disturbing aspect of his economic agenda. Obama has said he would sign the so-called "card-check" legislation that Congress will undoubtedly consider, and probably pass, next year. The legislation would eliminate the secret ballot in union elections and allow the bosses to unionize a shop once a certain number of names had been written down on a card. Card-check is an ugly piece of work. One can see how the opportunities for graft, fraud, and intimidation under this sort of scheme would be enormous. And the democratic ideal of the secret ballot would be undermined.

Card-check would also lead to a rapid jump in unionization. This is not, despite what your Teamster friends might tell you, a good thing. Union participation in the private sector has been on the decline for decades and, not coincidentally, during this same amount of time, on average, productivity has skyrocketed while unemployment has plummeted. Unions produce frozen labor markets, which increase unemployment and class stratification while lowering productivity and economic growth. And the unions' politically negotiated wage gains also encourage inflation.

Obamanomics equals higher taxes, more government spending, a larger deficit, a more complicated tax code, increased regulation, a slowdown in global economic integration, and the resurrection of the labor unions, all brought to you by a cool-headed gradualist with a team of brilliant advisers. Not a pretty picture. But, as the saying goes, conservatives should always prepare for the worst, because they ought to expect nothing less.



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Explaining The Judicial Consequences Of An Obama Presidency

Night of the Living Constitution

But, for McCain, actually replacing liberals with conservatives would be far more easily said than done. Indeed, liberals who worry that a conservative majority could be created by the addition of a single McCain appointee also know that, regardless of who is elected president, a Democratic Senate will almost surely persist through the first two years of the next presidential term--and probably all four. With comfortable majorities, Senate Democrats will have the power to prevent the appointment of any nominee.

As for Obama, if he is elected president and Stevens or Ginsburg (or both) step down during his term of office, then he gets to replace a liberal with a liberal--maintenance work, you could call it, though the liberal cohort would become younger. Obama couldn't create a liberal majority unless at least one conservative, or man-in-the-middle Kennedy, were to step down, and that looks doubtful, at least in the next four years. Neither Kennedy nor Scalia shows signs of leaving the Court, and the three remaining conservatives are young, as young is measured on the Court--two of them have sat only briefly.

Obama is the nominee of a party that has embraced the activism of the Warren Court and its expansion under the Burger Court (think Roe v. Wade) and which has hardened in its hostility to judicial conservatism during the Bush presidency. Obama has proved to be one of his party's most determined opponents of judicially conservative nominees. He voted not only against Roberts and Alito but also against six circuit-court nominees and joined in the Democrats' filibustering of such nominees--which filibustering was without precedent in Senate history.

Obama, a Harvard-trained lawyer who for a decade taught constitutional law at the University of Chicago Law School, has said "my judges" should have "the heart, the empathy, to recognize what it's like to be a young teenage mom, the empathy to understand what it's like to be poor or African-American or gay or disabled or old." He has characterized such people as being in "the minority" and "on the outside" and not having "a lot of clout." His judges should help them by importing to their deliberations their own "perspectives," "ethics," and "moral bearings." Thus his judges would carry out the judiciary's "historic role" of protecting those who "may be vulnerable in the political process," who have seen "the system not work for them," who don't "have access to political power," and who "can't protect themselves from being dealt with sometimes unfairly."

What's striking about comments like these is that Obama seems to be espousing a sort of "Footnote Four" judicial philosophy. Footnote Four is the most famous footnote in constitutional law. It's found in United States v. Carolene Products, the 1938 . . .

An Obama judiciary would be a plainly liberal one. Not surprisingly, Obama has endorsed the idea of a "living Constitution," one judges adapt to meet the needs of a changing society. A living Constitution has its analogue in what might be called a "living U.S. Code," by which judges rewrite federal statutes they regard as somehow deficient, which for Obama could mean statutes having an adverse impact on people "who need protection." Obama's model justice is Earl Warren, who saw the role of the Court as that of doing justice, regardless of what the law at issue in a case might say. The senator must have cringed when he heard John Roberts, during his confirmation hearing to be chief justice, answer a question about what the biggest threats to the rule of law might be by saying there was really only one threat--that of judges who take their "authority and extend it into areas where they're going beyond the interpretation of the Constitution, where they're making the law. .  .  . Judges have to recognize that their role is a limited one. That is the basis of their legitimacy."

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And A Very Misleading One

Manhattan Project as Metaphor

Barack Obama appears to have the opposite view. During the debate, he asserted that "when JFK said we're going to the Moon in 10 years, nobody was sure how to do it, but we understood that, if the American people make a decision to do something, it gets done." And earlier this year, he told a CNBC interviewer explicitly that he had in mind as president "a Manhattan Project to embark upon that new energy future that we need." In last week's debate, he said that "we're going to have to make an investment, the same way the computer was originally invented by a bunch of government scientists" trying to meet military needs. This is a very distorted view. As it happens, most of the computing technology we use today was developed by private enterprise or by academic researchers with a great deal of independence.

But those who uphold the Manhattan Project as an exemplar of government success often forget that this achievement required methods we would not care to employ today.

The Manhattan Project required billions of dollars, much of America's top scientific talent, and a quarter of American electrical production. These resources were entrusted to the sole direction of General Leslie Groves, the project's director. Groves was subject to virtually no political oversight. His office issued no environmental impact statements. He decided, without any room for legal or other challenge, which technical risks to run, and which health risks to impose on the American public. Radiation was known at the time to be dangerous, and yet the Manhattan Project dispersed nuclear fallout across large areas of the West at the sole decree of General Groves.

Those demanding a new Manhattan Project seldom mean draft scientists into secret duty, spend a lot of money without public oversight, and damn the radiation leaks and other safety consequences. What they usually have in mind is an open spigot of tens or hundreds of billions of dollars to be spent on science and engineering and on subsidies for preferred technologies.

Putting aside crass self-interest, most calls for a "new Manhattan Project" are rooted in the perennial fantasy that centralized government planning cures all social ills. This is the philosophy that leads to appointing enough "energy czars" and "drug czars" to fill out a dynasty--and most of these czars have been about as successful as the Romanovs or their successors.
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What An Obama Administration And A Heavily Democratic Congress Would Accomplish

Worst Case Scenario

If this scenario unfolds, Washington would become a solidly liberal town again for the first time in decades. And the prospects of passing the liberal agenda--nearly all of it--would be bright. Enacting major parts of it would be even brighter. You can forget about bipartisanship.

Start with "card check." It would permit organized labor to unionize the private sector without winning a certification election by secret ballot. It's easy to get workers to sign cards saying they want a union, but it's hard to get them to vote that way when labor organizers aren't hounding them. Card check is labor's last hope for more dues-paying union members.

Then Democrats might go after a longstanding target of big labor, section 14(b) of the Taft-Hartley Act. It allows states to enact right-to-work laws, which bar workers from being forced to join a union. Twenty-two states have right-to-work laws.

The liberal scheme for killing conservative talk radio--the so-called fairness doctrine--would stand an excellent chance of becoming law. It would require radio stations to offer equal time, for free, to anyone seeking to reply to broadcasts featuring political opinion. To remain profitable, many stations would have to drop conservative talk shows, a major medium for communicating conservative ideas, rather than give up hours of free time. Obama has said he opposes the fairness doctrine. But would he veto it? Not likely.

Obama would nominate liberals to fill Supreme Court vacancies--no doubt about that--with the strong likelihood they'd be confirmed. As a senator, he voted against John Roberts and Sam Alito. And free trade agreements would become a thing of the past, given liberal and labor opposition.

What about Obama's health care plan? He's described it as step or two away from a single payer, government-run health system like Canada's. While expensive, its chances of passage would be quite good.

As for foreign and national security policy, there'd be nothing stopping President Obama from doing what he wanted in a liberal-dominated Washington, including a quick troop exit from Iraq and presidential-level talks with anti-American dictators. Congress would go along. The media would cheer.




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“It’s Going To Be An Unprecedented Sleaze Factory.”

Obama’s campaign manager: Palin’s comments are “beyond the pale”

Obama campaign manager David Plouffe released a video this morning accusing Governor Palin of making comments that were “beyond the pale.” The comments in question: “our opponent is someone who sees America as imperfect enough to pal around with terrorists who targeted their own country.”

The “terrorists” in question would be William Ayers and Bernadine Dohrn, the husband and wife team behind the Weather Underground, a group responsible for attacks against the Pentagon and the U.S. Capitol. In 1995, Barack Obama launched his political career in the house of William Ayers and Bernadine Dohrn. From 1996 through 2002, Barack Obama served on two charitable boards with William Ayers. And, per the New York Times, Barack Obama and William Ayers regularly traded emails and phone calls through 2005. Barack Obama recently explained that he had “assumed [Ayers] had been rehabilitated.” His campaign subsequently explained that Obama no longer considers Ayers to be rehabilitated. But before Barack Obama had what Joe Biden might call an epiphany about the true nature of William Ayers, Chicago Mayor Richard Daley explained the relationship this way: “They’re friends. So what?” And Obama’s own chief strategist, David Axelrod, described Ayers and Obama as “certainly friendly.”

This much is clear: Barack Obama and William Ayers were friends before that relationship became a political embarrassment for the Illinois Senator–Obama did pal around with a terrorist. According to his campaign, Barack Obama no longer believes Ayers has been rehabilitated. And William Ayers did target his own country. So what part of Governor’s Palin’s remarks are “beyond the pale.” Perhaps Mr. Plouffe does not like Governor Palin’s inference that Barack Obama palled around with Ayers because Barack Obama has a different view of America than most of us. Yet the Obama campaign has offered no alternate explanation–they have not conceded that the relationship was simply the result of a serious error in judgment.

The only thing “beyond the pale” here is the Obama campaign’s failure to explain how it is that Barack Obama carried on a decade long friendship with a man who sought to topple the U.S. government through violence. — Michael Goldfarb, McCain-Palin Spokesman


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Double Standard?

Is Obama getting off easy?

Jonah Goldberg writes today that a candidate named Barry O’Malley, running for President with Barack Obama’s record and level of experience, would get laughed off the national stage.  Why has Obama succeeded where others would have disappeared long before the first primary?  Identity politics, and it’s Republicans who have pulled their punches as a result

On the experience issue, I’m not so certain Jonah’s right.  Had John Edwards never made two significant runs for the Presidency and got nominated for VP with less experience than Obama or Sarah Palin, I might be inclined to agree.  Obama and Edwards seem to epitomize a desire for outsiders that has turned almost into a fetish — but outsiders with national name recognition in politics.  It’s hard to imagine anyone more outside than Sarah Palin, and she has actual executive experience (as opposed to Obama and Edwards), but gets treated like a hick because she’s from Alaska instead of the eastern seaboard.

Jonah is more correct when it comes to a media double standard on race and politics.  Ironically, the Clintons felt no such need to pull punches.  Hillary’s campaign made an issue of Jeremiah Wright, for instance, after Hillary spent February mostly eating Obama’s dust.  Her campaign also circulated the photo of Obama wearing traditional African garb on a trip to Kenya.  The result?  She won most of the rest of the Democratic primaries and forced Obama to limp to the finish line.

Hillary, though, did not have one obstacle that John McCain faces in this election: the national media.  The punditocracy has excoriated McCain for his supposedly racially-divisive campaign even without making Hillary’s arguments again.  Somehow, as Jonah notes, they have made William Ayers into a racial issue, even though Ayers is as Caucasian as McCain.  They have passed along without any criticism the rantings of John Lewis, who compared McCain and Palin to George Wallace (the Wall Street Journal being a rare mainstream-media exception).

Meanwhile, Obama has explicitly played the race card a number of times this summer.  He personally accused the McCain campaign of racism twice, only stopping when his surrogates managed to do it more effectively, like Kathleen Sebelius and John Lewis.  With the exception of one time each by the Washington Post and ABC News (on their blogs), the media did nothing to expose this tactic by Obama and his campaign on these occasions:

So yes, I agree with Jonah that Obama has had an easy ride on the basis of identity politics — but that’s not really the fault of the McCain campaign.  Unfortunately, the media has a glaringly obvious double standard on how it treats the two candidates.  McCain could ignore this, of course, but he risks the damage that the media can do with the vast majority of voters who don’t bother to work around the media to discover the truth on their own.  As Rick Moran notes, the McCarthyite tactic of accusing opponents of latent racism has no rebuttal that works well in mass-media applications.  With three weeks to go to the election, McCain has to work within that reality if he expects to win a national election.



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£12,000 Of Prevention

NHS provides private medical care for its staff

The Telegraph reports yet another great moment in government-run health care today.  The National Health Service, Britain’s government-run health care system, finds itself so unresponsive that it doesn’t trust itself to provide care for its employees.  Instead, they paid private physiotherapists to treat its staff rather than wait for NHS providers to become available (via Q&O)

Gee — you think? Only in an Orwellian system like the NHS would their explanation make sense.  In order to get the staff back to work in order to serve the public that is forced to use the NHS that they fund, they have to go outside their system to get them the medical care they need more quickly.  Given the constraints of the status quo, they actually saved British taxpayers money and longer wait times.  Actually, Wallace’s suggestion would have cost everyone more money.

Obviously, Wallace misses the point.  The real problem with responsiveness isn’t the NHS staff, but with the lack of competition and the lack of resources in a shortage-management monopoly system.  The UK decides how many resources to provide the British populace, and the staff is just another rationed resource.  If the UK let Brits keep their money and relied on a free-market health care industry, the resources would grow to meet the demand, and wait times for treatment would no longer be an issue.

The NHS apparently agrees with this assessment.  They used the private market to get resources that the NHS itself had rationed into near oblivion to make sure they didn’t lose productivity.  Why not eliminate the NHS and let everyone have that option?  As long as the UK sucks income from its citizens to fund the NHS, most Brits won’t realistically have that option.


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Welcome Terrorists

Once again, on a crucial question of national defense, McCain was right and Obama was wrong. Judge to Jihadists: Welcome

Last June, five Supreme Court justices dreamed up a constitutional right for aliens held as enemy combatants to challenge their wartime detention in court. Now the bitter fruits of the Boumediene decision are plain to see: In Washington, a federal judge has ordered the release — into the United States — of 17 men captured near Tora Bora after the American invasion of Afghanistan.

The federal appeals court in Washington has stayed Judge Urbina’s release order, and the government will seek to have it overturned. This must be done promptly. In the interim, with three weeks to go before an election now enveloped in economic strife, it is worth remembering that Barack Obama lauded the Boumediene decision and its augur of a return to Clinton-era counterterrorism-by-indictment. To the contrary, John McCain aptly panned Boumediene, warning that it would make us less safe. Once again, on a crucial question of national defense, McCain was right and Obama was wrong. Might we suggest that Sen. McCain might remind voters of that fact?

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Obama & More

It’s not too late to maintain a conservative voice in Washington. Standing Athwart the Senate, Yelling Stop!

Forty-one is the magic number for GOP Senate seats — if conservatives hope to have any voice in the Senate next Congress by being able to wield the threat of a filibuster. And that number doesn’t account for the stable of moderate Republicans who are unreliable on a whole host of issues, and are unlikely to fight a “Freedom of Choice Act,” especially with all of Washington in Democratic hands — hands that are all-too-happy to twist arms.

Will the next election be decided by Mary Poppins and Jive Turkey? Identification Required

Have faith Obama would not herald in a culture of life. Oxymorons for Obama

Looking at data compiled by the government’s Center for Disease Control and Prevention, New found that state level parental-involvement laws (requiring either the notification or consent of parents before their underage teenage daughter seeks an abortion) have a large impact on reducing abortion among young girls.

Instead of encouraging parental involvement, or any other incremental laws on the subject of abortion, Senator Barack Obama has championed legislation, the Freedom of Choice Act (FOCA), which seeks to overturn all state laws that seek to actually reduce the number of abortions. FOCA would not only allow for unrestricted abortions in the United States; it would also require federal and state taxpayer subsidies for the killing of an unborn child.

Pointing out the gap between Obamas record and rhetoric is not a distraction from “the real issues.” Going Negative!

Why then is “negative advertising” such a big deal these days? The dirty little secret is this: Liberal candidates have needed to escape their past and pretend that they are not liberals, because so many voters have had it with liberals.

Barack Obama is much smoother. Instead of issuing explicit denials, he gives speeches that sound so moderate, so nuanced, and so lofty that even some conservative Republicans go for them. How could anyone believe that such a man is the very opposite of what he claims to be — unless they check out the record of what he has actually done?

Yet those in the media who deplore “negative advertising” regard it as unseemly to dig up ugly facts instead of sticking to the beautiful rhetoric of an election year. The oft-repeated mantra is that we should trick to the “real issues.”

Yet the media treat exposing a fraudulent election-year image as far worse than letting someone acquire the powers of the highest office in the land through sheer deception.

Some significant issues have gone missing at the debates. Phrase Not Found

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Why Not Vote For Better Government?

Self-determination dead in New Jersey?

In a season of crazy polls, one in New Jersey stands out for its revelation of obtuseness.  The Monmouth University/Gannett New Jersey poll shows that almost a majority of adults want to leave the Garden State, thanks to the high cost of living and government.  Apparently the 49% who object to these costs don’t realize that they can vote for a more responsive — and less costly — state government

That’s simply not true.  In places like the old Soviet Union, Zimbabwe, and the DPRK, people have to vote with their feet because they don’t have a meaningful vote otherwise.  In America, people can vote with their ballots.

If New Jersey government has gotten so out of control that a majority of adults no longer want to live there, the less costly alternative would be to vote out the current government and try a new direction.  Organize for different candidates.  Try a couple of recall petitions to get the attention of the political class.  Start pushing back on tax hikes and bond issues.

I’m actually sympathetic to the impulse.  I left California for a better job opportunity eleven years ago and managed to avoid the debacle of the current budget deficit, which is three times greater than Minnesota’s entire annual state budget.  However, I also know people who leave here for less-costly states, and at least some of them are the people who sported “Happy to Pay for a Better Minnesota” bumper stickers on their cars.  If people want less-costly living, then they need to recognize that government isn’t a charity organization and push for smaller, less costly government instead of demanding government solutions to every problem and then getting itchy feet when the costs hit home.  Pretty soon, there won’t be any place to run.



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