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Ignoring The Constitution
by Sandi
Source the Yurica Report

How can a bill become law without being voted on by both houses of congress? Just remembering 8th grade civics classes tells you that it can't happen right? Oh but it has. Of course it didn't start out to be intentional and was the result of a clerks error, but instead of fixing the problem as called for in the Constitution the Senate Republicans pulled some behind doors shenanigans. Time had passed and Senate GOP leaders had lost confidence in getting enough votes to pass the bill as you will see below.

The "Deficit Reduction Act of 2005," or Public Law No: 109-171 (S.1932) was passed by both houses, but here is the catch.

In one provision of the bill, the Senate voted that oxygen equipment used in the home was to be paid for by Medicare for only up to 36 months. (Previously, the law had sensibly paid these expenses as long as needed by the patient.) The Senate placed an even tighter cap of 13 months' payment for other durable equipment, like wheelchairs, for Medicare beneficiaries.

...
But when the Senate sent the bill back to the House, a Senate clerk mistakenly put the 36 months, from the vote on the oxygen provision, in place of the13- month cap for other equipment -- thus providing up to36 months' coverage for all such equipment. It was a $2 billion error.

On February 1, 2006, S. 1932 squeaked through the House - after heavy lobbying by Republican leaders - by a vote of 216 to 214. When this measure was returned to the Senate, however, the Senate clerk simply changed the provision that had been mistakenly sent to the House to reflect the Senate-passed version. That is, the clerk restored the Senate's 13 month cap for the other durable equipment, notwithstanding the fact the House had voted for a longer 36-month cap.

House Speaker Hastert and president pro tempore of the Senate Ted Stevens certified the Senate measure and sent it to the White House, where the President quickly signed it.

The Senate clerk didn't just correct a typo, he changed the bill that the House voted on which would require the bill to be reconcidered by that body. That didn't happen and violates a very core principle of the Constitution. Article I Section 7 of the US Constitution says, "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States..."

When mistakes like this one occur they are usually corrected with appropriate legislation. However the Democrats were not readly to lay down for this one and decided to demand a record vote. But that didn't happened. Instead, Senate Republican leaders simply changed the bill, and got Speaker Hastert to go along on behalf of the House. In essence Hastert took it upon himself to become the House. We all should have a very big problem with that. This bill did not pass both houses and therefore violates the Bicameral Clause of the Constitution.

Speaking out on the unconstitutionality of this:

University of North Carolina School of Law professor Michael Gerhardt: "This legislation is question does not satisfy the requirements of the Bicameral Clause of the Constitution."

American University law professor Jamin Raskin: "The 'Deficit Reduction Omnibus Reconciliation Act of 2005' may be something but it is not law within the meaning of the Constitution."

George Washington University law professor Jonathan Turley: "Obviously, the Speaker cannot certify a different bill as the will of the House of Representatives. If he could do that, he cold become a House unto himself."

Georgetown University law professor David Vladeck told Congressman Waxman that these actions violated, "one of the most fundamental guarantees in the Constitution."

John Dean, Former White House Counsel to President Nixon and a FindLaw columnist nailed it at he end of the article:

Some may claim that this is a political question, but such rhetoric ought not mislead the court; this constitutional provision is black-letter clear, and so is its violation here. Either both houses have passed on a given bill, or they have not. Passing on two different versions of the same bill is surely not enough.....

In short, ignoring the Constitution's requirement that legislation pass if, and only if, it commands the votes of concurrent majorities of both houses of Congress is nothing short of GOP despotism. The broken branch needs fixing so we must all hope that the federal courts step in to halt what the President failed to put an end to: self-styled lawmaking outside the rules of the Constitution.

At least one Republican isn't going along with this debacle.

Mobile, Alabama attorney Jim Zeigler has filed a lawsuit seeking a declaratory judgment that the Deficit Reduction Act of 2005 violates Article I, Section 7 of the Constitution. Zeigler, who served as a Bush delegate to the Republican National Conventions in 200 and 2004, has sued the Attorney General Alberto Gonzales and the Unites States Attorney for the Southern District of Alabama, where he filed his lawsuit.

It's hard to see how any court cannot find that Zeigler has standing on his complaint, the American poeple certaily will.

More on what can be done about this from Vikram David Amar, professor of law at the University of California.

h/t to Donna at Madison.com
Posted Saturday April 29, 2006 | Catagory: (Politics) | Permalink
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Mary Had a Little Scam
by Sandi
With all due respect to Sarah Josepha Hale, editor of Godey's Lady's Book, 1830's, who wrote: Mary Had a Little Lamb, I did a parody for Mary McCarthy.



Mary Had a Little Scam by Sandi

Mary had a little scam,
Little scam, little scam,
Mary had a little scam,
She fleeced secrets on the go

And everywhere that Mary went,
Mary went, Mary went,
Everywhere that Mary went
The scam was sure to go

It followed her to The Post one day
The Post one day, The Post one day
It followed her to The Post one day
Which was against the rules.

It made the terrorists laugh and play,
Laugh and play, laugh and play,
It made the terrorists laugh and play
To see secrets in the Post

And so the CIA turned her out,
Turned her out, turned her out,
And so the CIA turned her out,
But still she didn't fear

And waited patiently about,
Patiently about, patiently about,
And waited patiently about
Hoping liberals did appear

"Why does Mary love to scam so?"
Love to scam so? love to scam so?
"Why does Mary love to scam so?"
The eager terrorists cry

"Why, Mary hates GW Bush, you know."
Hates GW Bush, you know, hates GW Bush, you know
"Why, Mary hates GW Bush, you know."
The CIA did reply



H/T to a Riehl World View post "O McCarthyism - Or, Mary Had A Little Scam?" which gave me the idea.

Related Posts (on one page):

  1. Mary Had a Little Scam
  2. CIA Leaker Fired
Posted Saturday April 22, 2006 | Catagory: (Humor) | Permalink
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CIA Leaker Fired
by Sandi

CIA officer, Mary McCarthy, was dismissed after admitting to leaks after failing a polygraph exam. Apparently she was also a big-money donor to Kerry and the Democrats.

From The New York Times.

The C.I.A. would not identify the officer, but several government officials said it was Mary O. McCarthy, a veteran intelligence analyst who until 2001 was senior director for intelligence programs at the National Security Council, where she served under President Bill Clinton and into the Bush administration.

At the time of her dismissal, Ms. McCarthy was working in the agency's inspector general's office, after a stint at the Center for Strategic and International Studies, an organization in Washington that examines global security issues.

The dismissal of Ms. McCarthy provided fresh evidence of the Bush administration's determined efforts to stanch leaks of classified information. The Justice Department has separately opened preliminary investigations into the disclosure of information to The Post, for its articles about secret prisons, as well as to The New York Times, for articles last fall that disclosed the existence of a program of domestic eavesdropping without warrants supervised by the National Security Agency. Those articles were also recognized this week with a Pulitzer Prize.

More from MSNBC.

The leak pertained to stories on the CIA’s rumored secret prisons in Eastern Europe, sources told NBC. The information was allegedly provided to Dana Priest of the Washington Post, who wrote about CIA prisons in November and was awarded a Pulitzer Prize on Monday for her reporting.

Sources said the CIA believes McCarthy had more than a dozen unauthorized contacts with Priest. Information about subjects other than the prisons may have been leaked as well.


h/t Deans World and Ace of Spades.

Related Posts (on one page):

  1. Mary Had a Little Scam
  2. CIA Leaker Fired
Posted Saturday April 22, 2006 | Catagory: (Crime) | Permalink
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The Waiter Rule Tells Your Character
by Sandi
Source Yahoo News

We have all seen people who are rude to waiters, maids, clerks, security guards and bellhop etc. Even without being rude how you treat these service people can predict a lot about your character according to many CEOs.

"Watch out for people who have a situational value system, who can turn the charm on and off depending on the status of the person they are interacting with," Swanson writes. "Be especially wary of those who are rude to people perceived to be in subordinate roles."

The Waiter Rule also applies to the way people treat hotel maids, mailroom clerks, bellmen and security guards. Au Bon Pain co-founder Ron Shaich, now CEO of Panera Bread, says he was interviewing a candidate for general counsel in St. Louis. She was "sweet" to Shaich but turned "amazingly rude" to someone cleaning the tables, Shaich says. She didn't get the job.

Shaich says any time candidates are being considered for executive positions at Panera Bread, he asks his assistant, Laura Parisi, how they treated her, because some applicants are "pushy, self-absorbed and rude" to her before she transfers the call to him...

Such behavior is an accurate predictor of character because it isn't easily learned or unlearned but rather speaks to how people were raised, says Siki Giunta, CEO of U.S. technology company Managed Objects, a native of Rome who once worked as a London bartender.

More recently, she had a boss who would not speak directly to the waiter but would tell his assistant what he wanted to eat, and the assistant would tell the waiter in a comical three-way display of pomposity. What did Giunta learn about his character? "That he was demanding and could not function well without a lot of hand-holding from his support system," she said.

Service people may not have a fancy title (yet), but they are often young and working through college or just looking for their direction in life. Many have the intelligence and ability future business owners, executives and CEOs.

h/t to Owen at Boots & Sabers.
Posted Monday April 17, 2006 | Catagory: (Social Issues) | Permalink
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Hugo Chávez Tightens Grip on Multinational Oil Firms
by Sandi

Hugo Chávez is showing little mercy to multinational companies doing business in Venezuela, by demanding a 60 percent stake in oil companies with projects there.

Tense relations between private firms and Mr. Chávez's government escalated last week when the government seized fields operated by two European oil giants - France's Total and Italy's ENI - after the two companies snubbed government demands to convert their contracts to joint ventures with the state by April 1.

"This country does not allow itself to be blackmailed," says energy minister Rafael Ramirez. "These two multinational companies resist adjusting to our law. Our sovereignty isn't under negotiation."

Translation: If an oil company wants to do business in Hugo Chávez's Venezuela, they must take the state as a partner with a 60/40 split (see below) in favor of the state.

Sixteen companies - including Chevron and Shell - did agree to new terms giving state oil company PDVSA at least a 60 percent state stake, a success which analysts say could embolden Venezuela to demand a majority stake in more valuable projects in the country's Orinoco heavy-oil belt. Heavy oil's viscosity makes it more expensive to drill and refine than regular oil. However, high oil prices have attracted top companies to Venezuela's heavy oil, which could boost the country's reserves count to the largest in the world - ahead of Saudi Arabia.

So who is really blackmailing who in oil rich Venezuela?

Posted Friday April 14, 2006 | Catagory: (General) | Permalink
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Illegal Immigration, Will It Ever Stop?
by Sandi

So what are we going to do about illegal immigrants? It seems everyone has a plan, even the government. Though yet again, it doesn't seem like the House and Senate can ever agree on anything.

The House passed a bill (summary) that demonstrates a resolve to enact real border security and addressed the problem of the 11 or more million illegal immigrants already in the country. The House also rebuffed President Bush's entreaties to include avenues for illegal aliens to gain legal employment.

The Senate has their own version of the bill (summary) that only received 36 of the necessary 60 votes to bring the bill to cloture and allow an up-or-down vote. Good thing too after being watered down with the teeth extracted, it becomes an exercise in political tomfoolery to amass public perception that they did something about immigration concerns.

The both bills make it unlawfull to hire undocumented workers, well duh it is already unlawfull. Both bills also direct the Secretary to establish, and sets forth the provisions for, an employment eligibility verification system. However only the House bill sets forth civil and criminal penalty provisions for noncompliance.

I agree completely with the House provision on civil and criminal penalty provisions for noncompliance. If the penalties are big enough and include jail time, this alone will dry up the job market for illegal workers. After a few employers do perp walk, the rest will soon get the message, and hiring illegal workers will drop abruptly.

However the verification system needs to be a good one. False documentation is rampant now. When we make employers verify employee's legal status it will only get many times worse. But anyone who says that we can't make documentation secure is just full of it. Look, almost everytime you cash a check the clerk runs the check through a check reader attached to the Point of Sale Terminal. It goes to one of the big check verification services that check the writers against a negative database of bad check writers for a small fee.

Just as checks can be verified for a small fee, so can drivers licenses and social security cards be verified against government databases. No it wouldn't be fool proof, neither is the check verification systems but neither they or the stores get burned often enough to put either out of business. I suppose that a small business, or people hiring nannys and such could phone the information for verification.

There is always identity theft too, but the fake documentation which is the vast majority of it would be rejected by a proper verification system. Hopefully if fake documentation is caught those illegals too would be prosecuted and receive a heavy penalty. In the case of identity theft the heavy fines and incarceration should be put only on the person with fake credentials, unless of course it's obvious that the company should have easily caught it, in which both should be prosecuted.

Furthermore I don't have any objections what so ever to employers doing a cross check on my credentials because it protects all of us.

We still need to control the borders whether the heavy flow of illegals is drastically cut or not, there is a huge national security problem inherent there. Two of the hijackers that flew into the Pentagon were illegals residents who easily obtained false identification.


Go ahead, try it. In Michelle Malkin's book Invasion, she recounts the tale of two fellows who in August 2001 pulled into a 7-Eleven parking lot in Falls Church, Va., in search of fake ID from the illegal-alien assistance network that hangs around there. Luis Martinez-Flores, who'd been living here illegally since 1994, took them along to the local DMV, supplied them with a fake address and falsely certified they lived there. The very next day, the two guys returned with two pals of their own, and used their own brand-new state ID on which the ink was not yet dry to obtain in turn brand-new state ID for their buddies. A couple of weeks later, all four of them used their Virginia ID to board American Airlines Flight 77 at Dulles Airport and plowed it into the Pentagon

So al Qaeda knows about the illegal immigrant fast-track network and took advantage of it to do a number on us 9/11/2001. I also hope that excerpt above soaks in for those that say the new drivers license requirements are too stiff and unfair.

As far as sending the undocumented immigrants back we obviously couldn't round up and send 11 million or more home. However they didn't all get here overnight either. We need to get the verificatin database quickly in place. In the meantime let illegal immigrants that have been here for years to start paper work to become legal. We can start deportation with new arrivals, but that wont be necessary if good legislation works as it should. It can if we prosecute employers with stiff penalties, because they will start going home in droves when there are no jobs.

Posted Tuesday April 11, 2006 | Catagory: (Immigration) | Permalink
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Leaping Liquid and Bouncing Bridges
by Sandi

An interesting phenomenon, something that I've never seen or heard of called the "Kaye effect" is apparently quite common with certain liquids like soap. When poured onto a surface, the down-going stream suddenly throw up a jet that swirls, then merges with the incoming stream.

The only reason we don't see it is because generally it's over in an instant. Anyhow, I thought it was pretty neat and will probably be wasting a bottle of dishsoap just to see if I can get a glimpse of it.

Click the link above for more info and a slowed down video clip.

Posted Sunday April 9, 2006 | Catagory: (Oddities, Science & Technology) | Permalink
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Biotechnology Will Utterly Transform Human Life
by Sandi
Source the Times Online

There is absolutely no doubt in my mind that by the end of this century lifespans will at least double. Not only that but the quality of the later years will be as good or nearly so as youth. The science behind it is not only plausable but quite a bit of it already known. There is little skepticism that the remaining obsticles can not be over come soon. That and some opposition to overcome from partisans of mortality on the extreme right and left.

The left may tout social degeneration due to a huge population sharing limited resources, while some on the right will proclaim the quality of a finite life and a better after life. Therefore many extremists will not welcome the conquest of death.

BY THE END of this century, the typical European may attend a family reunion in which five generations are playing together. Great-great-great grandma, at 150 years old, will be as vital, with muscle tone as firm and supple, skin as elastic and glowing, as her 30-year-old great-great-granddaughter with whom she’s playing tennis...

The younger members of her extended family will have never caught a cold. From birth they will have been immune to most of the shocks to which human flesh has long been heir, such as diabetes and Parkinson’s disease. Her grandson, who recently suffered a car accident, will be sporting new versions of the arm and lung that got damaged in the wreck. He’ll be playing a game of football as skilled and energetic as anyone else there.

h/t Lucianne

These advances are just in biotechnology, but we are also making great strides "nanorobotics." The merging of biology and nanorobotics (biorobotics) opens to us every possiblility imaginable from medicine to enhancing human intelligence times thousands. I intend to post more on biorobotics later.

Posted Saturday April 8, 2006 | Catagory: (Science & Technology, Health/Medicine) | Permalink
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