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American Thinker: Obama the Justifier

It could be said that the Constitution is the contract Americans have with one another.  What do I mean?  Well, if business partners embark upon a commercial endeavor, they will draw up a contract; its purpose is to ensure that all the partners' rights will be respected, that those with more clout won't be able to trample upon the weaker.

Now, under such an arrangement, would you want all concerned to abide by the contract's terms or instead find justifications for violating them?

Of course, if such a breach were attempted, we would have recourse to the courts.  But what if the justifiers managed to install fellow justifiers in the courts, judges who would rubber-stamp their "interpretation" of the contract?  You could end up on a soup line.

This is precisely what happens when individuals who believe the Constitution is a "living document" - meaning, it can be interpreted to suit the "times" (which is a euphemism for "agenda") - are elected, thus giving them the power to both legislate their justifications and appoint or confirm judges who will rule them constitutional.

So those who consider supporting Obama must ask themselves a question: Do I want my contract viewed as a "living" document whose protections can be justified away?  If you're not sure, well, then, would you like to play me in poker and have living rules that I can interpret to suit the hand?  I could make a lot of money that way, as Duke would become the rulebook. 

If you don't like this idea, why would you want a president who would appoint justices who would become the rulebook?  Remember, having living rules is tantamount to having no rules at all, just rulers.  It is to replace the rule of law with the rule of lawyers.


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Vows To Appoint Liberal Judges

NBC Nightly News last night, Brian Williams asked Obama, "It's said on both sides of the issue, if it's true, you're not going to call a future justice into the Oval Office, bring up the subject of abortion.  How do you also avoid surprises?  How are you going to determine who to put on the court?" 

OBAMA:  Well, look, I think that you -- what you can ask a judge is about their judicial philosophy.  And so my criteria, for example, would be, uh, if a justice tells me that they only believe in the strict letter of the Constitution, uh, that means that they probably don't believe in, uh, a right to privacy that may not be perfectly enumerated in the Constitution but, you know, that I think is there.

"Obama said he won't nominate Supreme Court justices who follow the 'strict letter of the Constitution.' Of course! He wants to overthrow the Constitution. He wants the courts to redistribute wealth and break down the capitalist system."

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The Presidential Election Could Affect Appellate Courts Even More Than The Supreme Court

The presidential election could affect appellate courts even more than the Supreme Court. Courts in the Balance

Conservatives are rightly concerned about the presidential election’s impact on the U.S. Supreme Court. The next president could nominate as many as three Supreme Court justices in his first term alone, as five of the nine justices will be seventy or older on inauguration day, including Justices Antonin Scalia and Anthony Kennedy. Some think a sixth justice, David Souter, could also be close to stepping down. So either John McCain or Barack Obama is likely to place his imprint on the nation’s highest court.

Yet however much the presidential election will affect the U.S. Supreme Court, the likely effect on lower federal courts should be even greater. Approximately one third of the nation’s federal district court and appellate court judges are Bush nominees. Despite Democratic efforts to delay or prevent confirmation of key appellate nominees, 56 percent of the nation’s 179 appellate judges were nominated by Bush or a prior Republican President. Yet in just a single term, a President Obama could flip the federal judiciary, such that a clear majority of federal appellate judges would be Democratic nominees.

Most federal appellate judges are principled and highly qualified individuals, irrespective of who nominated them to the bench. Most appellate judges agree on the correct case outcome in the vast majority of cases. Recent studies suggest that federal judges only disagree on 10 to 15 percent of those cases that appear to have an “ideological dimension.” Yet it is the minority of ideologically charged cases that divide federal judges that are often viewed as most important, particularly insofar as they fill gaps or ambiguities in current law or push legal doctrine in a given direction. Further, the Supreme Court only reviews a tiny fraction of federal appellate cases — indeed less than one percent — so the judgment issued by a U.S. Court of Appeals is, for most litigants, the end of the line. This means the composition of federal appellate courts can have a substantial impact on the law.

Replacing Justice John Paul Stevens or Ruth Bader Ginsburg with another liberal justice may not alter the High Court’s jurisprudence all that much. Naming over one-fourth of sitting federal appellate judges, on the other hand, could produce significant legal changes almost immediately — changes that, thus far, have been largely overlooked.

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American Workers Should Beware The Siren Song Of “The Redistributor”

For Obama, his plan is a matter of justice rather than economics. Redistribution You Can Believe In

Obama proposes a dog’s breakfast of tax credits, including a $500 refundable work credit that applies even to people who owe no income taxes. The Internal Revenue Service would cut them a $500 check every year. This essentially is a government payment dressed up as a tax cut. It will be partly funded by new taxes on the top 5 percent. So Obama is redistributing wealth, but in an eminently salable way. Call it “redistributive change we can believe in.”

When in a Democratic primary debate Charlie Gibson of ABC News pointed out to Obama that increasing the capital-gains rate in the past has initially reduced revenue, Obama replied that he wanted the increase “for purposes of fairness.”

But how unfair is the American tax system? It’s already steeply progressive. IRS data show that the top 1 percent of filers paid 40 percent of federal income taxes in 2006. The top 5 percent paid 60 percent. The top half paid 97 percent.

According to the congressional Joint Economic Committee, these are the highest tax shares paid by these income groups since 1986. The bottom half of filers, in contrast, pays 3 percent. Millions of these people have an income-tax liability less than zero, because they receive already-existing refundable tax credits.

Experience shows that raising taxes on these earners doesn’t produce as much revenue as expected, thanks to what economists call “the elasticity of income” — i.e., people find ways around the Tax Man. Regardless, there’s simply not enough money to be had from “the rich.” This is why socialistic European countries have tax systems arguably less progressive than ours. To fund their extensive welfare states, they must resort not only to onerous income-tax rates, but to high payroll and sales taxes paid by everyone.

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Why One Presidential Debate Is More Than Enough

Synchronized Presidential Debating

Exhibit A in why I didn’t watch any of them, and the best argument you’ll ever see for Newt’s modern-day Lincoln-Douglas proposal. Superb.


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A Star Is Boring

Obamamercial: A flop with critics, ratings

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Patterns

Obama kicks dissenting reporters off plane

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Reality Check: The Cost Of Obama's Pledges

CBS analysis: Obama’s budgeted savings aren’t enough to pay for his new spending

Without question, the Barack Obama infomercial served as a very slick and powerful recitation of the biggest promises he's made as a presidential candidate. But the very bigness of his ideas is the problem: he seems blind to the concept his numbers don't add up.

Obama has already proposed a new stimulus package of $188 billion over two years. His tax cuts will cost $85 billion a year. His "army of new teachers": $18 billion; Renewable energy: $15 billion. CBS News and various independent experts estimate Obama's total first year spending could exceed $280 billion.

Most of the time he spends the Iraq savings in the context of the roads he wants to build; sometimes it's for the teachers he wants to hire. Tonight, he riffed rhetorically on the savings, asking how many scholarships could be funded, or how many schools could be built. In the end though, presuming he really saves $90 billion, he can only spend it once.

Still Obama repeated his claim he can find the money to pay for every proposal.

"I've offered spending cuts above and beyond their cost," he has said.

The fact is the savings Obama has identified do not cover his spending. According to a CBS News estimate, he's around $90 billion short. The Obama campaign disputes this, saying everything including the stimulus is paid for over 10 years. But other analysts say - even presuming Obama saves money in Iraq and chops the federal budget as promised - he falls short.

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Does He Even Like Americans?

Obama on low taxes: “Selfishness”; Update: Video added

Barack Obama gave John McCain another pre-Election Day gift this morning in remarks made to a Sarasota, Florida audience.  After telling Joe the Plumber in Ohio that he wants government to “spread the wealth,” Obama told Floridians that opposition to such policies amounted to “selfishness”

"The reason that we want to do this, change our tax code, is not because I have anything against the rich," Obama said in Sarasota, Florida, yesterday. "I love rich people! I want all of you to be rich. Go for it. That’s the America dream, that’s the American way, that’s terrific.

"The point is, though, that -- and it’s not just charity, it’s not just that I want to help the middle class and working people who are trying to get in the middle class -- it’s that when we actually make sure that everybody’s got a shot – when young people can all go to college, when everybody’s got decent health care, when everybody’s got a little more money at the end of the month – then guess what? Everybody starts spending that money, they decide maybe I can afford a new car, maybe I can afford a computer for my child. They can buy the products and services that businesses are selling and everybody is better off. All boats rise. That’s what happened in the 1990s, that’s what we need to restore. And that’s what I’m gonna do as president of the United States of America.

"John McCain and Sarah Palin they call this socialistic," Obama continued. "You know I don’t know when, when they decided they wanted to make a virtue out of selfishness."

This reveals the basic underlying philosophy of the Left - that one cannot possibly be charitable unless they use the government to redirect their funds.  Obama assumes that people who don’t want to pay higher taxes are somehow “selfish”, but that’s only true if one assumes that the so-called rich won’t do anything else with their money except sit around like Scrooge McDuck, counting it constantly.  Most people today invest it, which creates jobs, or spend it, which creates even more jobs, or donate it to charity — which works much more effectively and with much less overhead than filtering it through government bureaucracy.

Those who earn the money want to direct it in the manner they see fit, in the most efficient manner possible.  That’s not selfish, it’s just common sense.  Only someone in love with government power could see it as anything else.


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“If I Help Him, He’s Going To Help Me.”

Video: Obama supporter hails the bringer of all good things

Can you blame her? Run through Tapper’s litany of The One’s campaign pledges. Not only is there nothing he can’t do, there’s nothing he hasn’t promised to do, healing the planet included. Barry O’s spent 18 months building himself a halo, shrewdly enough to put him on the brink of the presidency but with one little catch: With expectations among his cultists this high, there’s only one direction for his approval ratings to go.

Which means it’s time for that halo to come off.

Barack Obama’s senior advisers have drawn up plans to lower expectations for his presidency if he wins next week’s election, amid concerns that many of his euphoric supporters are harbouring unrealistic hopes of what he can achieve.

The sudden financial crisis and the prospect of a deep and painful recession have increased the urgency inside the Obama team to bring people down to earth, after a campaign in which his soaring rhetoric and promises of “hope” and “change” are now confronted with the reality of a stricken economy.

One senior adviser told The Times that the first few weeks of the transition, immediately after the election, were critical, “so there’s not a vast mood swing from exhilaration and euphoria to despair”.

The media will make sure his grace period runs longer than usual, but we’ll know things have started to turn when Andrew Sullivan starts accusing him of having betrayed his, er, “true conservative” principles. Figure late summer/early fall 2009.


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PS: Don’t Vote Blue

Krauthammer: McCain as a bulwark against Great Society II

Charles Krauthammer wrote a definitive piece last week on why the nation should support John McCain over Barack Obama.  At least, it seemed definitive, but apparently Krauthammer had more to add.  In what looks like the longest post-script in history, Krauthammer details the similarities and differences between Obama and McCain, and draws at least one important distinction for dispirited conservatives

Of course, this is the point that conservatives opposing the bailout made all along.  The government can’t be trusted to make these solutions temporary, especially with Congress in the hands of Nancy Pelosi and Harry Reid.  Allowing the partial nationalization of banking and insurance companies ceded important philosophical and political ground to the statists, and instead the direction of the bailout should have been limited to fixing what government broke in the first place: the mortgage-backed securities that infected the entire system.

And Obama has no track record at all of bipartisanship.  McCain has a long history of working across the aisle, to the consternation of his party at times, but Obama has none.  In an Obama administration with a Democratic Congress, Republicans will become irrelevant for at least the next two years.  The only bipartisanship Obama will show will be to name a couple of Republicans as advisers, people who will keep those positions only as long as they can stomach being mouthpieces for policy they won’t influence one single degree.

Krauthammer says it won’t be the end of the world, and he’s right.  We survived the Great Society and the Jimmy Carter presidency, too.  Unfortunately, we haven’t yet gotten past the economic and foreign-policy hangovers of either yet, and we certainly don’t need to add to that burden with the sharp left turn we’ll get in four years of Barack Obama’s leadership.



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IOU

The price of a money machine: Obama would owe more favors than any president in history

Obama’s success as the biggest fundraiser in history means that he would owe his donors more than anyone in history if he were to take office. (That is, if you believe that big donors to political campaigns expect something in return. How cynical of you to think that!)

But wait! I thought Barack Obama’s amazing fundraising success stems primarily from donations under $200. Right?

Wrong. That’s another myth you’ve been sold, sucker.

In fact, George W. Bush in 2004 had a higher percentage of contributions of $200 or less than Barack Obama has had in this campaign. Last week, the Washington Post published an article titled Big Donors Drive Obama’s Money Edge

In fact, in 2004, 31 percent of Bush’s donations came from people giving $200 or less. For John Kerry, the percentage was even higher: 37 percent.

All of this is necessary background for an excellent article by Patrick Range MacDonald in the latest L.A. Weekly, about Obama’s big donors, and the influence those donors are likely to wield in an Obama administration.

MacDonald’s article explores the question whether Obama is going to be the first guy in history to take scads of money from people and not let it affect the way he governs.


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Military Deaths

Military Deaths Higher under Bush?  Another brilliant article from Dan Hallagan - this time exploding the myth that Americans in uniform are dying at a much faster rate than they were prior to the war on terror.

It is unlikely that anyone – reporter or news magazine anchor, activist or Hollywood celebrity – would have, in the absence of the War on Terror, even noticed if 10,742 military personnel had died these past seven years by non-combat causes. Perhaps an investigative journalist hard-pressed for news might have observed that accidental fatalities in the military had recently increased, but it is certain beyond a reasonable doubt that rallies such as these would never have come to pass

The reality is that the propaganda value of military deaths is what moves liberals to action, not the deaths of the soldiers themselves. A soldier killed on the practice range is apolitical and therefore not useful or interesting. That same soldier dying in Iraq is an antiwar, anti-Bush, anti-Iraq statement waiting to be made.

Again, all military fatalities are tragic. But war has objectives, and the question remains: has the military objective been worth it? The objective in the War on Terror has been to cripple world terrorist organizations and to stop this:

The war has accomplished these important tasks and John McCain gets credit right along with George W. Bush. And for all those conservatives, Republicans and rational independents who nowadays cringe at the mere mention of the name of our Commander-in-Chief during this election season, the shame and failure is yours. Shame because you dishonor a military achievement for which you begged seven years ago. Failure because your silence has allowed a complacent electorate the luxury of indulging in a socialist experiment at a time when an anti-military globalist in the White House will likely spell disaster.


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TROP

"He who fights that Islam should be superior fights in Allah's cause"
Muhammad, Prophet of Islam
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