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Category: Congress (Page 1 of 5)

Initial Thoughts on SCOTUS ObamaCare Ruling

Now, that I can discuss Chief Justice John Roberts’ recent publication without the punctuation of salty expletives, I thought that I would share a few initial thoughts.

I’m not surprised that the individual mandate was ruled to be a tax as I recall that description of it going back before ObamaCare’s passage; however, I am shocked that it was viewed to be constitutional as a tax.  Frankly, Roberts’ ill formed opinion has declared deuces wild with the Congress’ tax power.

I made a list of legislative obscenities that the ruling would permit under the doctrine of misnaming them a tax.  After posting several to Facebook as a test, I found the following to get the most reaction, so I will repeat it:

“I observe that the House Republican reaction to the ObamaCare decision could be to impose a federal financial penalty on all single parents and call it a tax, while hailing federally mandated marriage as a cure to social ills. Justice Roberts and the four court libs would uphold this abuse of the tax power.”

This is not an arbitrary assertion as it is founded in Republican talking points about promoting two parent families as a cure to all sorts of social dysfunctions that increase social welfare costs for the government.  Previously, Congress would authorize tax benefits for those that both paid taxes and lived congressionally approved lifestyles; now, Justice Roberts has rubberstamped the Congress punishing, without due process of law and other essential constitutional right guarantees, those who make life choices different than the preferences of the Congress-of-the-moment without regard to constitutional limits upon congressional powers.

Imagine what could be considered necessary and proper for the collection of this federally mandated marriage tax.  For example, all single males could be required to provide DNA to the government to prove that they do not owe a tax for having unknowingly co-created the fatherless child of an unmarried mother.

While I could go on and on about specific legislative abominations violating individual rights through Chief Justice Roberts’ expansive view of the tax power, I don’t want to give the vile Republicans too many ideas; so, let me focus on key understandings that should limit Congress’ tax power.

Before the ruling, I had drafted some thoughts on voluntary government financing versus problems under the current federal tax system.  The purpose of a tax is to raise revenue to pay for legitimate government expenses.  In that context, Congress has already been abusing its tax power to, amongst other issues: (1) punish successful Americans for the crime of being financial successful, while depriving them of the constitutional rights of the accused, and (2) expanding the domain of the federal government beyond its specific constitutional limits as if the tax power gave the federal government general police powers to nudge individual behavior.

This opinion by Roberts’ affirmed those abuses, while explicitly endorsing without court scrutiny, an expanded use of punitive taxes to nudge Americans into compliance with majority opinion; for example: would a congressional afterlife insurance mandate upon atheists be subject to strict scrutiny or not according to Roberts, who apparently failed to think his opinion through?  Roberts’ opinion is a total assault upon individual rights and President Thomas Jefferson’s view that the federal courts should protect individuals from government trampling upon their individual rights.

For those currently reflexively lambasting Chief Justice Roberts’ opinion, they should consider the consequences if he had ruled correctly on the limits upon Congress’ tax power.  There are many popular tax deductions and credits that would be correctly ruled unconstitutional as a dangerous expansion of the congressional policy domain.  While I think that Chief Justice Roberts should have had the integrity to rule in favor of limited congressional authority, Roberts is probably aware that he is too much of an unprincipled coward to have done so.  Ask yourself, do you have the integrity to impose limits upon transient majority opinion using tax policy to violate individual rights with a nudge?

Extra Point:  Fictional future Congressman Eric Cartman has declared that “soulless Gingers should be penalized with a punitive federal tax,” if they fail to dye their red hair into compliance with the judgment of others.  Chief Justice Roberts and the four liberal justices of the Supreme Court agree that this tax would be constitutional.

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Democrat Liu Says Blacks Should Have to Earn American Citizenship?

Writing in the Atlantic, Eric Liu describes a reconception of American citizenship based upon duty (from the grave, the German grandfather of fascism and communism, Immanuel Kant gives him a high five).  A former Clinton speechwriter and domestic policy advisor, Liu marries his altruistic welfare statist collectivism to the neoconfederate attack on the 13th, 14th, and 15th amendments to our Constitution.

This duty based conservatism is a vile and dangerous misconception, as described in the piece.

Look at some of the concretes it supports, and in some cases recently advocated by Democratic legislators, that have been discontinued or opposed as a violation of individual rights in the context of an actual history of such abuses:  the military draft, disenfranchisement, compulsory community service, citizenship for an individual varying over time based upon the dictates of the party in power, and citizenship granted as process rights by the state as a reward for political obedience.

This is the kind of idea that could lead to civil war, and in fact it did; see Taney’s opinion in Dred Scott.

While Liu claims some jest in his gauche modest proposal, I see no humor in it and refuse to grant him the fig leaf as some of these violations of individual rights are truly advocated by him and leaders of his party.

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U.S. Troops in Uganda? Blame Congress, Not Obama

Last October, when our President announced that the U.S. would be sending about 100 of our troops to Uganda, I heard a lot of people asking, “What is the President thinking?  How was this in U.S. interest?”

As easy as it is to find fault with our President, Obama was simply following the law.  That is right!  While Congress has not authorized the use of the U.S. military against Iran, Congress commanded the President to use military forces in Uganda as part of an effort to quash the Christian terrorist organization known as the Lord’s Resistance Army.

Thanks to Sen. Russ Feingold, Foreign Relations Chairman John Kerry, the unanimous consent of the U.S. Senate, and an unrecorded voice vote in the U.S. House, the Congress directed the President to come up with a plan to use the U.S. military in Uganda (see the Lord’s Resistance Army Disarmament and Northern Uganda Recovery Act of 2009).

So if you have questions about why U.S. troops are in Uganda instead of Iran, I suggest that you pose those questions to your Senators, who gave unanimous agreement to this policy.

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Taxing Congress

While listening to Senator Lindsey Graham’s recent talk at the Council on Foreign Relations, I heard him mention cutting congressional pay by 10% as part of a revised deficit reduction package.

As an alternative, I have a modest proposal to evade the 27th Amendment and achieve an immediate financial penalty upon Congress. In the spirit of Jonathan Swift, I suggest that Congress pass a special tax that would apply only to their salary. The rate of such a tax would be calculated based upon the size of the federal deficit; for example, if the federal deficit were 43% of revenue, then our Representatives would pay an additional 43% tax, which we could call an Incompetence Tax.

This tax would embrace erroneous principles currently in fashion with our legislators. First, it would be a use of the tax code to do what is prohibited to Congress by the Constitution. Second, like ancient Athenian democracy, the majority can target a tax upon a specific unpopular individual or group for expropriation of their wealth; is anyone less popular than Congress? Third, it uses the taxing authority not to raise revenue but as a punitive instrument.

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Did FreedomWorks Lie or Are They Clueless?

On Sunday, I received a forwarded newsletter from FreedomWorks. It advised readers to contact their congressman to support important legislation in the U.S. House of Representatives, which “would push back against the EPA’s unconstitutional, outrageous rules and regulations that raise energy prices for consumers, destroy jobs and increase our dependence on foreign sources of energy.”

Sign me up for that! Seriously, the jackbooted heel of President Nixon still undermines America through EPA regulation and abuse of producers.

However, the proposed silver bullet of the TRAIN Act fails to achieve the goals promised by FreedomWorks:

The TRAIN ACT would:
– Fight back against EPA regulations that would raise energy prices for consumers and destroy jobs
– Reject the EPA’s attempt to shut down coal as one key source of our energy needs
– Ensure that America continues to be able to use its own natural resources for energy, as opposed to relying more on foreign sources of energy

What does it actually do? Let me allow the Congressional Research Service explain it:

Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011 – Requires the President to establish the Committee for the Cumulative Analysis of Regulations that Impact Energy and Manufacturing in the United States to analyze and report on the cumulative and incremental impacts of covered rules and actions of the Environmental Protection Agency (EPA) concerning air, waste, water, and climate change for each of calendar years 2016, 2020, and 2030.

Requires such analysis to include: (1) estimates of the impacts of the such rules and actions on the global economic competitiveness of the United States, electricity prices, fuel prices, employment, and the reliability and adequacy of bulk power supply in the United States; and (2) a discussion and an assessment of the cumulative impact on consumers, small businesses, regional economies, state, local, and tribal governments, local and industry-specific labor markets, and agriculture.

Includes among “covered rules” specified national standards for air quality and air pollutants and hazardous and solid waste and other rules promulgated under specified provisions of the Clean Air Act on or after January 1, 2009.

Defines “covered action” as any action on or after such date by the EPA, a state, a local government, or a permitting agency as a result of the application of specified Clean Air Act (CAA) provisions with respect to an air pollutant that is identified as a greenhouse gas.

Amends the Energy Policy Act of 2005 to increase and extend appropriations for FY2012-FY2016 for diesel emissions reduction.

So the solution to abusive federal regulations is to form another committee, require that the EPA do some math, and create another report that the Congress will fail to act upon? Really?

What would real reform look like? Instead of listing statutes and actions that trigger additional reporting, the proposed legislation would repeal those statutes or specific statutory authorities granting overly broad regulatory discretion. Seems so simple that it requires a massive evasion to consider the proposed legislation as a real check on the EPA.

That giant sucking sound that you hear….it is the Republicans in the House sucking at their jobs as the Obama Administration continues to suck the life blood out of America’s economy.

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Unbalanced Rhetoric

Sen. Jim DeMint has demonstrated himself to be unserious about rolling back out of control spending by the Congress.  Today, he threatened to filibuster legislation to raise the debt ceiling unless a constitutional amendment is passed to balance the budget.

Consider that only a little over a week ago the Congress could have but failed to pass a balanced budget for 2010; further, a few days ago, the Republican controlled House could have passed a balanced budget for 2011, but again failed to do so.

It takes fewer votes to pass a balanced budget, or to override a filibuster, than it does to pass a constitutional amendment.

Like the empty rhetoric that will comprise DeMint’s filibuster speech, Republicans make empty promises about the panacea of a balanced budget amendment, when they should be focused on concrete and actual cuts in spending by the elimination of federal programs and real reform by a planned phase out of entitlement programs.

Under the current budget process without the requirements of balancing, our Congresses can not pass budgets on time and could not even pass a budget at all last year.

Adding constitutional constraints, which they already regularly ignore, will not magically develop integrity in our corrupt legislators.  Republican rhetoric is useless.  America requires legislators who will act upon principle (such as the enumerated limits on congressional powers) to actually cut spending.

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Mondale’s Evil Call for Raping the Producers

The fool who lost 49 of 50 states in the 1984 election has suggested that the current Administration champion tax increases.

In a time in which Republicans control the House of Representatives, such a suggestion is beyond stupid and may qualify the former V.P as an insane person requiring state protection as he definitely seeks harm to others.

For those ignorant of the Constitution like congressional Republicans, all tax legislation must originate in the anti-tax-increase House of Representatives.

There will be no increases in federal taxes unless the Republicans betray the American people….as they have done before.

Mondale lies when he states that “Polls consistently show that majorities of Americans are willing to pay taxes…” as the truth of the matter is that the majority is more than willing for someone else to pay those taxes…the rich.

Aristotle identified the degenerate from of democracy that would result in tyranny was based upon the public confiscation and transfer of wealth through majority rule.  Our republic government has been corrupted by ignorant adoration of democracy, which has made us susceptible to democratic degeneration to tyranny.

Today, Americans must stand up for the productive against the government’s lust for the wealth of the more productive of our citizens; failure to do so will embraced the tyranny advocated by the party of slavery, the Democrats.

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Return of the C Podcasts

I must be in a rut as I’m not sure why all the sources for these podcasts from Friday again begin exclusively with the letter ‘C’, but they do.

As before, the following is a list of podcasts that I consumed the other day.  In addition to the title, link, and descriptions copied or adapted from the source, I have provided a grade for the relevancy of the topic and the quality of the ideas in the podcast.  Of course, these grades are objectively based upon my own individual values and judgment.  In this variety, you might find something to tickle your fancy.

1) The Trader Principle (2010-06-04 Cultivating the Virtues)

Relevancy A, Quality A – Situation of the Week (Kelly): Helping a child manage her frustrations, Topic: The Trader Principle (begins at 5:51), and Q&A: Toothbrushing Tactics (begins at 17:07).

Related to the Trader Principle, the Ayn Rand Lexicon identified the following passage from her novel Atlas Shrugged:

The symbol of all relationships among [rational] men, the moral symbol of respect for human beings, is the trader. We, who live by values, not by loot, are traders, both in matter and in spirit. A trader is a man who earns what he gets and does not give or take the undeserved. A trader does not ask to be paid for his failures, nor does he ask to be loved for his flaws. A trader does not squander his body as fodder or his soul as alms. Just as he does not give his work except in trade for material values, so he does not give the values of his spirit—his love, his friendship, his esteem—except in payment and in trade for human virtues, in payment for his own selfish pleasure, which he receives from men he can respect. The mystic parasites who have, throughout the ages, reviled the traders and held them in contempt, while honoring the beggars and the looters, have known the secret motive of their sneers: a trader is the entity they dread—a man of justice.

2) After Words: Mia Bay, “To Tell the Truth Freely” (2009-08-01 C-SPAN Book TV)

Relevancy B, Quality B+ – Mia Bay, associate history professor at Rutgers University, recounts the life of 19th century suffragist and civil rights activist Ida B. Wells in her book, To Tell the Truth Freely.  Ms. Bay recalls Ida B. Wells appeal to the Supreme Court after being removed from a seat on a train due to her race, her assistance in founding the NAACP in 1910, and her international campaign against lynching.  Mia Bay discusses her book with Elsa Barkley Brown, associate history and women’s studies professor at the University of Maryland.


3) Organized Crime and Transnational Threats (2009-11-18 Council on Foreign Relations)

Relevancy B, Quality B – This session was part of the CFR symposium, Organized Crime in the Western Hemisphere: An Overlooked Threat?, undertaken in collaboration with the Latin American Program and Mexico Institute of the Woodrow Wilson International Center for Scholars, and made possible by the generous support of the Hauser Foundation, Tinker Foundation,  and a grant from the Robina Foundation for CFR’s International Institutions and Global Governance program.  This panel featured: David Holiday (Program Officer, Latin America Program, Open Society Institute),  William F. Wechsler (Deputy Assistant Secretary of Defense for Counternarcotics and Global Threats, U.S. Department of Defense), and Lee S. Wolosky (Partner, Boies, Schiller & Flexner LLP; Former Director, Transnational Threats, National Security Council).

Wechsler and Wolosky are coauthors of Terrorist Financing.

4) Local and National Policy Responses (2009-11-19 Council on Foreign Relations)

Relevancy B, Quality B – This session was part of the CFR symposium, Organized Crime in the Western Hemisphere: An Overlooked Threat?  This panel featured:  Ramon Garza Barrios ( Mayor, Nuevo Laredo, Tamaulipas, Mexico) and Rodrigo Pardo García-Peña (Director, Cambio; Former Foreign Minister, Republic of Colombia).

5) After Words: Harry Stein, author, “I Can’t Believe I’m Sitting Next to a Republican,” interviewed by Stefan Kanfer, City Journal (2009-07-25 C-SPAN Book TV)

Relevancy C, Quality B – In I Can’t Believe I’m Sitting Next to a Republican, Harry Stein uses humor to describe being a conservative locked in a community of liberals, both in his neighborhood and in his professional life.  He details the difficulties he’s had with family members since crossing the political spectrum from left wing to right, and he talks about being misrepresented as a racist by the Dallas Morning News.  The interview was conducted by author and journalist Stefan Kanfer.


6) Academic Conference Call: Enhancing U.S. Preventive Action (2009-11-19 Council on Foreign Relations)

Relevancy B, Quality C – Paul Stares is coauthor of CFR’s special report “Enhancing U.S. Preventive Action.”  Few would dispute that preventing conflict, instability, and humanitarian disaster is preferable to confronting these problems after they arise. Preventive measures are generally less expensive than remedial ones. They also allow policymakers to address potential crises before they threaten international stability, U.S. interests, and human lives. Building an effective U.S. government capacity to take preventive action, however, has proved an elusive goal. And the challenges to achieving it have perhaps never been greater.

7) After Words: Joe Scarborough. “The Last Best Hope: Restoring Conservatism and America’s Promise” (2009-07-11 C-SPAN Book TV)

Relevancy C, Quality C – From BookExpo America in New York City, Joe Scarborough on his book, The Last Best Hope: Restoring Conservatism and America’s Promise.  The former Republican congressman and current host of MSNBC’s Morning Joe presents his thoughts on the Bush administration, the current state of the Republican party, and the Obama presidency.  Joe Scarborough discusses his book with Peggy Noonan, columnist for The Wall Street Journal.


8 ) Foreign Aid, Civilian Capacity, and U.S. National Security (2009-11-19 Council on Foreign Relations)

Relevancy C, Quality C – U.S. Rep. Nita M. Lowey (Chair, House Appropriations Subcommittee on State, Foreign Operations and Related Programs) discusses how if only more money was spent on diplomacy and development through the subcommittee that she leds, then there would be less conflict for the military to resolve.  Isn’t it always the case with the cardinals of the Appropriations Committee: the key to a better world is more money under their domain.

I could not find a book by her as evidently ideas and words make her head hurt.


9) How Should Governments Drive Industry Change? Lessons Learned from the Global Automotive Sector (2009-11-19 Council on Foreign Relations)

Relevancy C, Quality D – Carlos Ghosn (Chairman and Chief Executive Officer, Renault-Nissan Alliance) and Steven L. Rattner (Former Head, U.S. Treasury Department’s Auto Task Force) discuss government led industrial policy in the auto industry.

Ghosn is author of Shift: Inside Nissan’s Historic Revival.  Rattner is author of Overhaul: An Insider’s Account of the Obama Administration’s Emergency Rescue of the Auto Industry.

10) After Words: Edward Humes interviewed by Matthew Kahn, UCLA (2009-07-18 C-SPAN Book TV)

Relevancy F, Quality F – The Pulitzer Prize winning author profiles the multi-millionaires and high-profile people who are trying to take the planet green.  The episode was filmed on the C-SPAN bus at the L.A. Times Festival of Books about his latest book Eco Barons:  The Dreamers, Schemers and Millionaires Who are Saving Our Planet.


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A Very C Collection of Podcasts

I’m not sure why all the sources for these podcasts from Thursday begin with the letter ‘C’, but they do.

As before, the following is a list of podcasts that I consumed the other day.  In addition to the title, link, and descriptions copied or adapted from the source, I have provided a grade for the relevancy of the topic and the quality of the ideas in the podcast.  Of course, these grades are objectively based upon my own individual values and judgment.  In this variety, you might find something to tickle your fancy.

1) Free Range Parenting (2010-05-27 Cultivating the Virtues)

Relevancy A, Quality A – Situation of the Week (Jenn): Dealing with pointless bickering, Topic: Free Range Parenting (begins 4:26), and Q&A: Childhood Fears (begins 18:45).

This discussion references Lenore Skenazy’s book Free-Range Kids, How to Raise Safe, Self-Reliant Children (Without Going Nuts with Worry).

2) Cold War Reflections and Today’s Realities (2009-11-16 Council on Foreign Relations)

Relevancy B, Quality B – Bernard Gwertzman, Consulting Editor, at, leads a discussion about “Cold War Reflections and Today’s Realities” with Bob Kimmitt, who’s now with WilmerHale, but in those times was undersecretary of State for Political Affairs, and later became, probably, our first ambassador to the unified Germany; and Jim Goldgeier, who is the senior fellow for transatlantic relations at the council, and also is a professor at George Washington University.

Goldgeier is author of Power and Purpose: U.S. Policy Toward Russian After the Cold War.

3) After Words: Schmidle interviewed by Peters (2009-05-29 C-SPAN BookTV)

Relevancy B, Quality B – Nicholas Schmidle went to Pakistan in 2006 to learn about the country and the people who live there.  He stayed for two years and wrote about his experiences in his book “To Live or to Perish Forever.”  Mr. Schmidle talks about his book with Ralph Peters, columnist for the New York Post and strategic analyst for Fox News.

4) State and Local Officials Conference Call: U.S. Immigration Policy (2009-11-18 Council on Foreign Relations)

Relevancy B, Quality B – Edward Alden discusses the results for a bi-partisan task force on immigration.  The task force’s report examines immigration into the United States in a foreign policy context. It broadens the debate by analyzing issues of economic competitiveness, terrorism and national security, human rights, and public diplomacy in the context of globalization. The report then offers recommendations for a twentyfirst-century immigration policy that serves U.S. economic, diplomatic, and national security interests.

Alden is the coauthor of U.S. Immigration Policy: Independent Task Force Report No. 63.

5) Trial of Accused 9/11 Terrorists (2009-11-08 Council on Foreign Relations)

Relevancy B, Quality C+ – The decision to try Khalid Sheik Mohammed, the accused mastermind behind the 9/11 attacks, in federal court in New York has elicited strong reactions from across the political spectrum. CFR Adjunct Senior Fellows John B. Bellinger and Steven Simon  support the Obama administration’s decision, arguing that it gives the United States the opportunity to demonstrate globally the administration’s commitment to fair trials for detainees.

Simon is coauthor of The Age of Sacred Terror: Radical Islam’s War Against America and The Next Attack: The Failure of the War on Terror and a Strategy for Getting it Right.

6) Update on the Israeli-Palestinian Conflict (2009-11-12 Council on Foreign Relations)

Relevancy B, Quality C – CFR’s Steven A. Cook discuss the Israel-Palestinian conflict in light of the release of the Goldstone Report, which was recently completed by the UN Fact Finding Mission on the Gaza Conflict, as part of CFR’s Religion and Foreign Policy Conference Call series.

Cook is author of Ruling But Not Governing: The Military and Political Development in Egypt, Algeria, and Turkey.

7) After Words: Wangari Maathai, author of “The Challenge for Africa” interviewed by Nicole Lee (2009-05-26 C-SPAN BookTV)

Relevancy C, Quality C – 2004 Nobel Peace Prize recipient Wangari Maathai talks about her latest book, “The Challenge for Africa.”  In the book, Ms. Maathai looks at the problems facing the continent and provides advice on how to improve things there.  She discusses her book with Nicole Lee, executive director of TransAfrica Forum.


8 ) After Words: Eduardo Galeano, author of “Mirrors” interviewed by John Dinges (2009-06-20 C-SPAN BookTV)

Relevancy B, Quality D – Uruguayan author Eduardo Galeano talks about his latest book, “Mirrors,” a history of the world told through 600 brief stories.  Mr. Galeano is interviewed by Columbia University journalism professor John Dinges, author of “The Condor Years: How Pinochet and His Allies Brought Terrorism to Three Continents.”  The two men also discussed Mr. Galeano’s 1971 book, “The Open Veins of Latin America,” which Venezuelan president Hugo Chavez gave to President Obama during the Fifth Summit of the Americas.

This would have a more interesting interview if Dinges had not been such a smitten fanboy, and had engaged and exposed Galeano’s premises.


9) After Words: Tierney Cahill, author, Ms. Cahill for Congress, Interviewed by Del. Eleanor Holmes Norton, D-DC (2009-05-28 C-SPAN BookTV)

Relevancy C, Quality D – The story of how an elementary school teacher told her class that anyone can run for Congress and was challenged by them to prove it.  With a $7,000 initial campaign chest and her students as her campaign staff, she won the 2000 Democratic nomination in Nevada’s 2nd district, which includes Reno.

Cahill is coauthor of Ms. Cahill for Congress: One Fearless Teacher, Her Sixth-Grade Class, and the Election That Changed Their Lives Forever.


10) The Challenge of Somalia (2009-11-05 Council on Foreign Relations)

Relevancy B, Quality F – Bronwyn E. Bruton proposes a strategy of “constructive disengagement” to combat terrorism and promote development and stability in Somalia. Instead of supporting Somalia’s unpopular Transitional Federal Government, Bruton argues that the United States should accept an Islamist authority as long as it does not impede international humanitarian activities or support international jihad. Bruton also advocates for a decentralized approach to U.S. foreign aid distribution by working with existing local authorities. And she counsels against an aggressive military response to piracy, making the case instead for initiatives to mobilize Somalis themselves against pirates.

Burton’s book is Somalia: A New Approach.

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Wolf and Gangs

Rep. Wolf has been effective in promoting federal funding of an anti-gang task force to coordinate a regional response to the threat of these criminal enterprises.  His office has recently posted a video about the success of this program.


Not to totally discount the improvements achieved through focus and coordination of existing resources, I disagree with the approach of attempting to improve administration while evading the causes rooted in nonobjective law.  I commented:

There are three areas where a legislator could be more effective at addressing this problem by correcting existing defective statutes.  First, drug prohibition needs to be ended to stop the financing of criminal organizations and the spread of violence.  Second, our broken immigration system needs to be fixed with an open system, excluding only the criminal and diseased.  Third, Congress needs to reverse broad delegation of regulatory discretion which has killed our economy.

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