Quotulatiousness

June 29, 2011

Canada’s constitution has the “notwithstanding” clause . . .

Filed under: Government, Law, Liberty, USA — Tags: , , — Nicholas @ 16:42

. . . but that’s just a loophole compared to the utter legal devastation contained in the American constitution’s Commerce Clause:

Obama and, it seems, many courts, would like to pretend that while the Constitution generally speaks of enumerated and limited powers — all other powers, such a the police power, reserved for the people and the states — that the Commerce Clause generally is a “Take-Back” clause that essentially calls bullshit on everything else in the Constitution.

That is, everything else in the Constitution is about establishing particular powers of the federal government, and, expressly, reserving those not named (or “necessary and proper” to undertake a named power) to the states.

But this new claim is that really there is only one clause that matters in the Constitution, and that is the Commerce Clause, and this one brief clause renders all 4400 other words in the Constitution null and void, because the Commerce Clause says, it is contended, that the federal government may do anything so long as, in the aggregate, it “affects interstate commerce,” which, as is often pointed out, applies to everything.

Having sex with your wife? This affects interstate commerce, as you might wind up creating the ultimate economic effect — a child; a future one-man army of economic activity, labor, investment, and consumption — and even if you don’t, your choice to have sex is a choice not to sample the fruits of interstate commerce, which is affected, then, by your choice to not enter the stream of paid entertainments.

The US federal government clearly does believe that the Commerce Clause is the trump card in the deck. You play that and it doesn’t matter what the other cards may be: you win.

If the framers of the Constitution meant for this one clause to have such omnipotent power, trumping everything else, establishing well-nigh plenary power of the federal government over every aspect of human existence —

Why did no one seem to think it necessary to add even the most gentle limitation on such a far-reaching power?

In other words, if this Clause means what it is, apparently straight-faced, contended to mean, and therefore is the only real clause in the Constitution at all — why did no one think to elaborate upon it?

Why all that wasted time on Amendments and specific powers of Congress, the President, and the Courts, when the only real grant of power in the Constitution is the Commerce Clause?

From the comments, where it’s been pointed out that if this decision is upheld, the government can mandate how many children you have to have:

Bob Saget: If you cannot afford a wife for bearing the Federally mandated minimum number of children, one will be appointed for you.

“Yes, of course, there is racism in Canada”

Filed under: Cancon, History, Politics — Tags: , , , — Nicholas @ 15:24

Publius has a go at a silly speech by Senator Don Oliver on the idea that black Canadians need to “rise up and address the deep racism in this country that keeps them out of positions of power”:

Yes, of course, there is racism in Canada. As there is where ever different racial groups are present. Some portion of the humanity will always insist on thinking in tribal terms. Of all the countries in the world where such attitudes are least persistent it is in Canada. Senator Oliver then goes onto make this utterly absurd statement:

     Oliver blames Canada’s experience with slavery for much of the black community’s inability to support each other and for the stereotypes old-stock Canadians continue to show.

    “It really flows from the days of slavery . . . because of the slave mentality,” he explained, when someone got ahead, they would get dragged down by the group.

The overwhelming majority of Canadians don’t even know slavery existed in this country. The Senator even alludes to this in the interview. So you’re influenced by something you thought happened elsewhere? To say nothing of the risible notion that old-stock Canadians are more bigoted than newer group. Seriously? Groups that spent generations slaughtering each other over trivial differences in physical appearance, religious beliefs and language are suppose to show up in Canada and have no problem with blacks? Is the Senator aware of the Indian caste system? Is he aware of the prejudice shown in many Caribbean countries for darker blacks by lighter skinned blacks? There is likely more systematic racism, if we can call it that, in Jamaica than Canada.

[. . .]

The vast majority of Canadian blacks, or their parents, emigrated to Canada in the last forty years. They came here like most Canadians and there ancestors were never held as slaves on Canadian soil. Many of those who came to Canada before 1970 did so to escape the systematic racism of the American South. While this country was hardly a picture of tolerance by modern standards, it was far preferable to what else was on offer.

The real reason for the Greek bailout

Filed under: Economics, Europe, Government, Greece — Tags: , , , , , — Nicholas @ 15:03

Eric S. Raymond explains why all the politicians and apparatchiks of the world’s bureaucracies are lining up to pump for a Greek bailout:

Lost in the eye-glazing babble about maturity extensions, haircuts, and which acronymic organization is going to funnel the money into place is the real magnitude of the stakes here. It’s not just the Greeks’ opera-bouffé parody of the modern redistributionist state that is circling the structural-insolvency drain; what really terrifies our political class is the prospect that, very soon, the investors simply won’t buy government bonds anymore — and massive borrowing through bond issues is the only thing keeping the redistributionist state afloat.

As I have documented many times on this blog, the entitlement-spending commitments of the U.S. Federal government, most U.S. state governments, most European governments, and indeed most national governments everywhere exceed the capacity of their economies to generate wealth. And demographic trends are making the imbalance worse over time, not better.

This is why raising taxes won’t help. The amount of private wealth available to be taxed is insufficient, even if taxation could be raised to 100% without suppressing all economic activity. In practice, raising taxes leads to increases in spending which more than consume the increased revenue (by a ratio of 1.17:1 in the U.S. since the 1940s).

[. . .]

That is the assumption that is now under threat. Greece must be bailed out in order to preserve the illusion that the borrowing can continue indefinitely, that the bill will somehow never come due. When the political class speaks of “contagion”, what they’re really worried about isn’t the solvency of German banks holding Greek paper, it’s a general flight of investors from the sovereign-debt markets.

Canada’s Cormorant fleet to stay airborne thanks to former “Marine One” helicopters

Filed under: Britain, Cancon, Italy, USA — Tags: , , , , — Nicholas @ 12:29

The Cormorant is not quite the success story we hoped for when we bought the helicopters for our search and rescue operations. Part of the problem is that spare parts for the choppers are in very short supply. An unexpected source of spare parts just happened to come our way recently:

The helicopters sold to Canada are the so-called US101 version of the EH101 aircraft developed during the 1980s and 1990s in the UK and Italy by companies which are now grouped as AgustaWestland. The UK forces, after massive delays and cost overruns, eventually received two versions, both known as “Merlin” — a naval submarine-hunting variant and a cargo or troop-carrying one for the RAF. Both types finally reached frontline useability around 2004-2005, but their availability rates have been poor: perhaps due to the fact that the Merlin didn’t sell well worldwide and thus parts were at a premium.

However the Merlin did sell to the Bush administration, which was seeking to replace its ageing VH-3 Sea King presidential helicopters operated by the US Marines (the president’s chopper becomes “Marine One” when he is aboard, just as his airforce-operated plane becomes “Air Force One”). But the US101 project, managed by Lockheed on behalf of AgustaWestland, soon became mired in cost and time overruns every bit as bad as those which had hit the Royal Navy’s HM1.

The plan might well have been doomed from the outset, with requirements calling for 14 VIP seats, hardening against electromagnetic pulse, an executive washroom and communications equivalent to “a flying Oval Office” — a pretty big ask for an aircraft which can only lift four tonnes in its RAF cargo-carrying incarnation.

The US101 problems became bad enough that each new Marine One copter was projected to cost as much as an Air Force One jumbo jet, and the costs became an issue in the presidential election — with both Mr Obama and his opponent John McCain vying to issue the strongest condemnation of the aircraft. Obama in particular described it as “procurement amok”, and unsurprisingly it was axed as soon as he took office.

Now the Canadians, who also operate the EH101 under the name “Cormorant”, have snapped up the former presidential fleet of nine aircraft for $164m.

Corruption as a catalyst for rebellion?

Filed under: Bureaucracy, Germany, Government, Politics, Russia — Tags: , , , — Nicholas @ 07:26

Austin Bay points out that better communications have been important elements in the “Arab Spring” and other populist protests in the world right now, but there’s another element joining them together:

What links the Arab Spring rebellions with political agitation in China and at least another five dozen simmering or emerging crises?

If your answer is “the Internet,” you have identified one of the key information technologies that spread the flames. However, the common human fire in these disparate struggles is intense disgust with embedded corruption.

Tyrants maintain control by isolating and intimidating their subjects. However, since the advent of the printing press and increasing public literacy, preserving tyrannical isolation has become a bit more difficult.

Over time, subjects become aware of social, cultural, economic and political alternatives to the despot’s rule, despite the despot’s propaganda. Just how deeply West German television influenced East German resistance to communism is debatable, but the Iron Curtain could not hide the overwhelming evidence of Western affluence and the West’s ability to occasionally remove corrupt leaders.

Communist elite corruption amidst systemic economic failure certainly influenced resistance throughout Eastern Europe and the Soviet Union. The special stores and vacation homes enjoyed by Communist Party favorites infuriated workers denied similar access. East European workers knew that they were industrialized serfs in handcuffed societies falling further and further behind Western European nations. In 1989, when the Russians concluded the Eastern European security forces could not — or would not — shoot everyone, the Berlin Wall cracked.

Auditor skeptical of Ontario government spending cut promises

Filed under: Cancon, Economics, Politics — Tags: , , , — Nicholas @ 07:15

With their track record on spending, it’d be hard to take the promises seriously, and the Auditor General isn’t optimistic that they will deliver on their promises:

A plan by Ontario’s Liberal government to slash the increase in annual spending by almost 400 per cent is too optimistic and could lead to service cuts, Auditor General Jim McCarter warned Tuesday.

The Liberals increased spending by 7.2 per cent a year since they were elected in 2003, but in the March budget vowed to cut the growth in spending to 1.8 per cent annually to help trim the $16.7-billion deficit.

Ontario voters, who head to the polls Oct. 6, should view the Liberal plan with “a moderately big grain of salt,” said McCarter. “Basically take that into consideration when you look at the pre-election report.”

The Liberals’ revenue projections were fine, he said, but their plan to keep the growth in spending below the rate of inflation for the next three years is “aggressive” rather than prudent.

“You’ve really got to have a pretty hard look at the assumptions underlying those expenses, and you may be forced to make some hard decisions from a service delivery point of view,” said McCarter. “The assumptions underlying those expense projections, rather than being cautious and prudent, were optimistic, they were aggressive, and in a lot of cases really reflected a best-case scenario.”

Political promises are rarely worth the paper they’re printed on, and this particular government’s spending habits make it even less likely that they’ll meet this promise.

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