Civics 101

The CDC’s/Rochelle Walensky’s Power Grab[s]

Published by Papa Giorgio

Tucker Carlson speaks to the CDC creating laws – whole cloth.

Hat-tip to and more from, ACE OF SPADES:

It’s a pretty righteous rant about the CDC director’s decision to extend the eviction moratorium, and who gave the CDC authority over landlords and the houing market? I agree with Tucker that this is an outrageous overreach, but I have a beef or two with how he’s arguing his case.. The first is that Tucker is presnting it his audience as if it were a new thing, some new form of tyranny that the Biden Administration thought up just now. But this is misleading. What Tucker is describing actually has a name, administrative law, and it’s been going on over a century, informally since the end of the 1900s, and formally with the passage of the Administrative Procedures Act (APA) in 1946.

I don’t think this country’s founders ever envisioned regulations with the force of law being written (enacted) by unelected bureaucrats, but that’s the country we’re living in. This applies to any federal agency, but my favorite whipping boy is the EPA who can come in and designate all or part of your property as a “protected wetland” and too bad about your development plans you were counting on to bring in income for your retirement, but they’re now illegal. Or, worse, you need to spend many thousands of dollars to bring your “wetland” up to EPA specs, otherwise you’ll be subject to heavy fines.

Often with no appeal.

So what about due process? Congress enacted the APA specifically to establish fair administrative law procedures to comply with the constitutional requirements of due process. But I’ve heard enough horror stories to wonder how effective these protections are.

Second, despite Tucker’s protestations of the illegality of this, I’m not sure it will hold up in the long run. We’ve been living with administrative law for decades. Some Republicans have grumbled about it on and off, but, like any other federal program or agency, once it’s in place, it will never go away. It’s now a feature of the landscape. There is, for lack of a better word, “precedence” for this power grab. It’s outrageous that SCOTUS has already ruled against this but they’re going ahead with it anyway, but what the CDC director wants to do is only different in degree, not in kind, from what has gone before. The Biden administration is doing what it can get away with. As Tucker said, who is going to stop them? Mitch McConnell?

There’s a scene in the underappreciated science fiction movie Outland where the beleaguered Federal Marshall O’Neil (Sean Connery) appeals to the people he is trying to protect for help. “What about your men?” one of them asks. “My men?” responds O’Neil. “My men are shit.”

That’s pretty much how I feel about the Republican Party right now.

Democrats Again Call For The End To The Electoral College

Published by Papa Giorgio

Hillary Clinton again calls for the Electoral College to be nixed:

Mark Levin does a few second response to this idiocy:

CIVICS 101

  • “…the possibility that the [Constitutional Republic] in which we live provides us with opportunities for [representation] that… exceed those provided by primitive orders to far fewer people should not be dismissed.”

I wanted to edit/adapt the above HAYEK quote to fit the broader idea that what our Founders created is the most fair to the most people. I will include the larger quote at the end, in context, as, it has nothing to do with what I adapted it to. As I was reading this section of “The Fatal Conceit: The Errors of Socialism,” I thought of the attempt by Democrats to do away with the Electoral College. Which immediately brought to mind that MORE voters will be disenfranchised if it is eliminated. Why? Because the popular vote could be won by almost 4-states alone: California, Texas, Florida, New York. So, let’s take the most recent election as an example:

  • The Democrat outpaced President-elect Donald Trump by almost 2.9 million votes, with 65,844,954 (48.2%) to his 62,979,879 (46.1%), according to revised and certified final election results from all 50 states and the District of Columbia. (CNN)

In the Electoral College world, the smaller states had a say and 2.9 million voters were “disenfranchised,” so-to-speak. In a direct democracy, which our Founders specifically wrote against, all a candidate would have to do is campaign in about 11-cities to win the election.

Do you understand what the Electoral College is? Or how it works? Or why America uses it to elect its presidents instead of just using a straight popular vote? Author, lawyer and Electoral College expert Tara Ross does, and she explains that to understand the Electoral College is to understand American democracy.

  • James Madison (fourth President, co-author of the Federalist Papers and the “father” of the Constitution) – “Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general; been as short in their lives as they have been violent in their deaths.”
  • John Adams (American political philosopher, first vice President and second President) – “Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.”
  • Benjamin Rush (signer of the Declaration) – “A simple democracy… is one of the greatest of evils.”
  • Fisher Ames (American political thinker and leader of the federalists [he entered Harvard at twelve and graduated by sixteen], author of the House language for the First Amendment) – “A democracy is a volcano which conceals the fiery materials of its own destruction. These will provide an eruption and carry desolation in their way.´ / “The known propensity of a democracy is to licentiousness [excessive license] which the ambitious call, and the ignorant believe to be liberty.”
  • Governor Morris (signer and penman of the Constitution) – “We have seen the tumult of democracy terminate… as [it has] everywhere terminated, in despotism…. Democracy! Savage and wild. Thou who wouldst bring down the virtous and wise to thy level of folly and guilt.”
  • John Quincy Adams (sixth President, son of John Adams [see above]) – “The experience of all former ages had shown that of all human governments, democracy was the most unstable, fluctuating and short-lived.”
  • Noah Webster (American educator and journalist as well as publishing the first dictionary) – “In democracy… there are commonly tumults and disorders….. therefore a pure democracy is generally a very bad government. It is often the most tyrannical government on earth.”
  • John Witherspoon (signer of the Declaration of Independence) – “Pure democracy cannot subsist long nor be carried far into the departments of state – it is very subject to caprice and the madness of popular rage.”
  • Zephaniah Swift (author of America’s first legal text) – “It may generally be remarked that the more a government [or state] resembles a pure democracy the more they abound with disorder and confusion.”

Take note that as well ArticleIV, Section4 of the Constitution reads:

“The United States shall guarantee to every state in this union a republican form of government…“

Right now, there’s a well-organized, below-the-radar effort to render the Electoral College effectively useless. It’s called the National Popular Vote, and it would turn our presidential elections into a majority-rule affair. Would this be good or bad? Author, lawyer, and Electoral College expert Tara Ross explains.

You vote, but then what? Discover how your individual vote contributes to the popular vote and your state’s electoral vote in different ways–and see how votes are counted on both state and national levels.

CATO Article:

Critics have long derided the Electoral College as a fusty relic of a bygone era, an unnecessary institution that one day might undermine democracy by electing a minority president. That day has arrived, assuming Gov. Bush wins the Florida recount as seems likely.

The fact that Bush is poised to become president without a plurality of the vote contravenes neither the letter nor the spirit of the Constitution. The wording of our basic law is clear: The winner in the Electoral College takes office as president. But what of the spirit of our institutions? Are we not a democracy that honors the will of the people? The very question indicates a misunderstanding of our Constitution.

James Madison’s famous Federalist No. 10 makes clear that the Founders fashioned a republic, not a pure democracy. To be sure, they knew that the consent of the governed was the ultimate basis of government, but the Founders denied that such consent could be reduced to simple majority or plurality rule. In fact, nothing could be more alien to the spirit of American constitutionalism than equating democracy will the direct, unrefined will of the people.

Recall the ways our constitution puts limits on any unchecked power, including the arbitrary will of the people. Power at the national level is divided among the three branches, each reflecting a different constituency. Power is divided yet again between the national government and the states. Madison noted that these two-fold divisions — the separation of powers and federalism — provided a “double security” for the rights of the people.

What about the democratic principle of one person, one vote? Isn’t that principle essential to our form of government? The Founders’ handiwork says otherwise. Neither the Senate, nor the Supreme Court, nor the president is elected on the basis of one person, one vote. That’s why a state like Montana, with 883,000 residents, gets the same number of Senators as California, with 33 million people. Consistency would require that if we abolish the Electoral College, we rid ourselves of the Senate as well. Are we ready to do that?

The filtering of the popular will through the Electoral College is an affirmation, rather than a betrayal, of the American republic. Doing away with the Electoral College would breach our fidelity to the spirit of the Constitution, a document expressly written to thwart the excesses of majoritarianism. Nonetheless, such fidelity will strike some as blind adherence to the past. For those skeptics, I would point out two other advantages the Electoral College offers.

First, we must keep in mind the likely effects of direct popular election of the president. We would probably see elections dominated by the most populous regions of the country or by several large metropolitan areas. In the 2000 election, for example, Vice President Gore could have put together a plurality or majority in the Northeast, parts of the Midwest, and California.

The victims in such elections would be those regions too sparsely populated to merit the attention of presidential candidates. Pure democrats would hardly regret that diminished status, but I wonder if a large and diverse nation should write off whole parts of its territory. We should keep in mind the regional conflicts that have plagued large and diverse nations like India, China, and Russia. The Electoral College is a good antidote to the poison of regionalism because it forces presidential candidates to seek support throughout the nation. By making sure no state will be left behind, it provides a measure of coherence to our nation.

Second, the Electoral College makes sure that the states count in presidential elections. As such, it is an important part of our federalist system — a system worth preserving. Historically, federalism is central to our grand constitutional effort to restrain power, but even in our own time we have found that devolving power to the states leads to important policy innovations (welfare reform).

If the Founders had wished to create a pure democracy, they would have done so. Those who now wish to do away with the Electoral College are welcome to amend the Constitution, but if they succeed, they will be taking America further away from its roots as a constitutional republic.

How did the terms “Elector” and “Electoral College” come into usage?

The term “electoral college” does not appear in the Constitution. Article II of the Constitution and the 12th Amendment refer to “electors,” but not to the “electoral college.” In the Federalist Papers (No. 68), Alexander Hamilton refers to the process of selecting the Executive, and refers to “the people of each State (who) shall choose a number of persons as electors,” but he does not use the term “electoral college.”

The founders appropriated the concept of electors from the Holy Roman Empire (962 – 1806). An elector was one of a number of princes of the various German states within the Holy Roman Empire who had a right to participate in the election of the German king (who generally was crowned as emperor). The term “college” (from the Latin collegium), refers to a body of persons that act as a unit, as in the college of cardinals who advise the Pope and vote in papal elections. In the early 1800’s, the term “electoral college” came into general usage as the unofficial designation for the group of citizens selected to cast votes for President and Vice President. It was first written into Federal law in 1845, and today the term appears in 3 U.S.C. section 4, in the section heading and in the text as “college of electors.”

More Common Sense

Who exactly are the “Resistance,” as explored in Kim Strassel’s new book “Resistance (At All Costs): How Trump Haters are Breaking America”?

How are “Trump haters” different from “Trump critics?” How is the Resistance different from past political movements? What are the long-term implications of its activities? And how are the media involved?

And, how can the Trump “impeachment inquiry” be seen as the latest chapter of the Resistance’s efforts?

This is American Thought Leaders??, and I’m Jan Jekielek.

Today we sit down with Kim Strassel, a member of the Wall Street Journal editorial board and a prominent political commentator. She was the recipient of the Bradley Prize in 2014, and she writes the Journal’s long-running “Potomac Watch” column.

Why Hasn’t Pelosi Held A Formal Vote On Impeachment?

Published by Papa Giorgio

And this is the million-dollar question, answered by Rep. Chaffetz… House Speaker Pelosi does not want to give subpoena power to House Republicans, says Fox News contributor Jason Chaffetz, former chairman of the House Oversight and Reform Committee.

Three Courses On The Electoral College (Civics 101)

Published by Papa Giorgio

Do you understand what the Electoral College is? Or how it works? Or why America uses it to elect its presidents instead of just using a straight popular vote? Author, lawyer and Electoral College expert Tara Ross does, and she explains that to understand the Electoral College is to understand American democracy.

  • James Madison (fourth President, co-author of the Federalist Papers and the “father” of the Constitution) – “Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general; been as short in their lives as they have been violent in their deaths.”
  • John Adams (American political philosopher, first vice President and second President) – “Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.”
  • Benjamin Rush (signer of the Declaration) – “A simple democracy… is one of the greatest of evils.”
  • Fisher Ames (American political thinker and leader of the federalists [he entered Harvard at twelve and graduated by sixteen], author of the House language for the First Amendment) – “A democracy is a volcano which conceals the fiery materials of its own destruction. These will provide an eruption and carry desolation in their way.´ / “The known propensity of a democracy is to licentiousness [excessive license] which the ambitious call, and the ignorant believe to be liberty.”
  • Governor Morris (signer and penman of the Constitution) – “We have seen the tumult of democracy terminate… as [it has] everywhere terminated, in despotism…. Democracy! Savage and wild. Thou who wouldst bring down the virtous and wise to thy level of folly and guilt.”
  • John Quincy Adams (sixth President, son of John Adams [see above]) – “The experience of all former ages had shown that of all human governments, democracy was the most unstable, fluctuating and short-lived.”
  • Noah Webster (American educator and journalist as well as publishing the first dictionary) – “In democracy… there are commonly tumults and disorders….. therefore a pure democracy is generally a very bad government. It is often the most tyrannical government on earth.”
  • John Witherspoon (signer of the Declaration of Independence) – “Pure democracy cannot subsist long nor be carried far into the departments of state – it is very subject to caprice and the madness of popular rage.”
  • Zephaniah Swift (author of America’s first legal text) – “It may generally be remarked that the more a government [or state] resembles a pure democracy the more they abound with disorder and confusion.”

Take note that as well ArticleIV, Section4 of the Constitution reads:

“The United States shall guarantee to every state in this union a republican form of government…“

Right now, there’s a well-organized, below-the-radar effort to render the Electoral College effectively useless. It’s called the National Popular Vote, and it would turn our presidential elections into a majority-rule affair. Would this be good or bad? Author, lawyer, and Electoral College expert Tara Ross explains.

You vote, but then what? Discover how your individual vote contributes to the popular vote and your state’s electoral vote in different ways–and see how votes are counted on both state and national levels.

CATO Article:

Critics have long derided the Electoral College as a fusty relic of a bygone era, an unnecessary institution that one day might undermine democracy by electing a minority president. That day has arrived, assuming Gov. Bush wins the Florida recount as seems likely.

The fact that Bush is poised to become president without a plurality of the vote contravenes neither the letter nor the spirit of the Constitution. The wording of our basic law is clear: The winner in the Electoral College takes office as president. But what of the spirit of our institutions? Are we not a democracy that honors the will of the people? The very question indicates a misunderstanding of our Constitution.

James Madison’s famous Federalist No. 10 makes clear that the Founders fashioned a republic, not a pure democracy. To be sure, they knew that the consent of the governed was the ultimate basis of government, but the Founders denied that such consent could be reduced to simple majority or plurality rule. In fact, nothing could be more alien to the spirit of American constitutionalism than equating democracy will the direct, unrefined will of the people.

Recall the ways our constitution puts limits on any unchecked power, including the arbitrary will of the people. Power at the national level is divided among the three branches, each reflecting a different constituency. Power is divided yet again between the national government and the states. Madison noted that these two-fold divisions — the separation of powers and federalism — provided a “double security” for the rights of the people.

What about the democratic principle of one person, one vote? Isn’t that principle essential to our form of government? The Founders’ handiwork says otherwise. Neither the Senate, nor the Supreme Court, nor the president is elected on the basis of one person, one vote. That’s why a state like Montana, with 883,000 residents, gets the same number of Senators as California, with 33 million people. Consistency would require that if we abolish the Electoral College, we rid ourselves of the Senate as well. Are we ready to do that?

The filtering of the popular will through the Electoral College is an affirmation, rather than a betrayal, of the American republic. Doing away with the Electoral College would breach our fidelity to the spirit of the Constitution, a document expressly written to thwart the excesses of majoritarianism. Nonetheless, such fidelity will strike some as blind adherence to the past. For those skeptics, I would point out two other advantages the Electoral College offers.

First, we must keep in mind the likely effects of direct popular election of the president. We would probably see elections dominated by the most populous regions of the country or by several large metropolitan areas. In the 2000 election, for example, Vice President Gore could have put together a plurality or majority in the Northeast, parts of the Midwest, and California.

The victims in such elections would be those regions too sparsely populated to merit the attention of presidential candidates. Pure democrats would hardly regret that diminished status, but I wonder if a large and diverse nation should write off whole parts of its territory. We should keep in mind the regional conflicts that have plagued large and diverse nations like India, China, and Russia. The Electoral College is a good antidote to the poison of regionalism because it forces presidential candidates to seek support throughout the nation. By making sure no state will be left behind, it provides a measure of coherence to our nation.

Second, the Electoral College makes sure that the states count in presidential elections. As such, it is an important part of our federalist system — a system worth preserving. Historically, federalism is central to our grand constitutional effort to restrain power, but even in our own time we have found that devolving power to the states leads to important policy innovations (welfare reform).

If the Founders had wished to create a pure democracy, they would have done so. Those who now wish to do away with the Electoral College are welcome to amend the Constitution, but if they succeed, they will be taking America further away from its roots as a constitutional republic.

How did the terms “Elector” and “Electoral College” come into usage?

The term “electoral college” does not appear in the Constitution. Article II of the Constitution and the 12th Amendment refer to “electors,” but not to the “electoral college.” In the Federalist Papers (No. 68), Alexander Hamilton refers to the process of selecting the Executive, and refers to “the people of each State (who) shall choose a number of persons as electors,” but he does not use the term “electoral college.”

The founders appropriated the concept of electors from the Holy Roman Empire (962 – 1806). An elector was one of a number of princes of the various German states within the Holy Roman Empire who had a right to participate in the election of the German king (who generally was crowned as emperor). The term “college” (from the Latin collegium), refers to a body of persons that act as a unit, as in the college of cardinals who advise the Pope and vote in papal elections. In the early 1800’s, the term “electoral college” came into general usage as the unofficial designation for the group of citizens selected to cast votes for President and Vice President. It was first written into Federal law in 1845, and today the term appears in 3 U.S.C. section 4, in the section heading and in the text as “college of electors.”

Hillary wants a pure Democracy.

The GOP Will Most Likely Have a Brokered Convention (Updated)

Published by Papa Giorgio

Most delegates will typically support who their person they supported endorses. So if Rubio endorses Cruz… he would be much closer, much… and this amount of a split in delegates would force — per GOP primary rules — a 2nd ballot at the party convention.

So, right this is the count:

➤ TRUMP: 646
➤ CRUZ: 397
➤ KASICH: 142

RUBIO left the race with 163 delegates. If he endorsed Cruz [like he should… unless he is a weenie and endorses Kasich], That would leave…

➤ CRUZ 560 delegates.

Mind you, these delegates would have a choice to remain uncommitted now and choose who to support at the convention ~ which is July 18–21, 2016.

In-other-words, this will most likely end in a brokered convention, per the already agreed upon rules set for the primaries.

AGAIN, for a “civics 101” lesson on the GOP Primary rules, see the below audio:

The Party of the People ~ Rubbish

Published by Papa Giorgio

Via The Blaze and Dr. Matthew Parks, Assistant Professor of Politics at The King’s College in New York City:

Dr. Parks pointed out some of the problems with the Democrats’ quirky election anomaly: “Even before we get to the convention, the superdelegates have a disproportionate influence in the overall trajectory of the race,” he said.

“Ironically, the Democratic Party have an undemocratic consequence in the overall choice.”

Watch Dr. Parks break down the superdelegate:

  • The term superdelegate is used to describe delegates to the Democratic National Convention who are not elected by primary voters but automatically given a voice in the presidential nomination process because of their position in the party.

A GOP-Primary Civics Lesson 101

Published by Papa Giorgio

While this focuses around the current 2016 primary election cycle ~ and thus around Rubio, Cruz, and Trump mainly… it is applicable to other election cycles. It is a sort-of “Civics 101” lesson from Medved on the GOP process of finding a candidate. I think these rules can be up for a vote to be changed at each convention. If they wish to change the process that is.

For more clear thinking like this from Michael Medved… I invite you to visit: http://www.michaelmedved.com/

(BACK TO THE TOP!) This is a Constitutional Crisis ~ George Will and the `Rule of Law` (Civics 101)

Published by Papa Giorgio

Sen. Rand Paul opines on what others (Democrats and Republicans) are saying… the President acted unconstitutionally, against his oath to uphold that same document.

While Will was speaking about Obamacare and the fixes the President want to make “ad-hoc,” this applies to other areas, such as the Defense of Marriage Act, and the like. Take note Bob Woodward really had no response to George Will.

Via Gateway Pundit:

Democrat Representative, Nick Rahall from West Virginia, had this to say about the Obama “fix” on CBS. “I’m not sure he had the legal underpinning for what he did.”

Here is an older Prager audio where he was reading an article about the “Imperial Presidency”