December 29, 2023

Stop the Madness

Even if you think the 14th Amendment applies to the Office of the President, which it doesn't because it that would potentially allow the equivalent of by-passing the impeachment process, and

even if you think the President engaged in insurrection or rebellion, or gave aid or comfort, neither of which has any person been charged or convicted of,

Section 5 of the 14th Amendment only gives enforcement power to the Congress: not the States, not a State, not a State Supreme Court or not even a State Secretary of State.

As much as I do not want Trump to be the Republican nominee, I think it is even more important to stop politicizing the judicial process.



In re Griffin - Section Three of the Fourteenth Amendment is not self-executing. That is, it cannot be enforced unless and until Congress enacts legislation that sets up an enforcement mechanism.

Congress enacted the Enforcement Act of 1870

One provision set up a mechanism by which federal attorneys could bring a civil action to remove from office a person alleged to be disqualified for engaging in insurrection or rebellion. (This provision was repealed in 1948.) 

The second provision authorized criminal prosecution of someone for knowingly accepting or holding office in violation of Section Three. This provision has evolved into Section 2383 in the current criminal code, which makes it a crime to engage in rebellion or insurrection against the United States and disqualifies anyone who does from holding federal office.

The federal government, which has painstakingly examined the events of January 6, has not charged President Trump with insurrection or even incitement



https://reason.com/volokh/2024/01/10/louisville-daily-journal-april-1868-the-president-is-not-an-officer-of-the-united-states/

https://reason.com/volokh/2024/01/09/amicus-brief-filed-in-trump-v-griswold-on-behalf-of-professor-seth-barrett-tillman/

https://www.supremecourt.gov/DocketPDF/23/23-719/295290/20240109145107356_23-719%20Amicus%20Brief%20Professors%20Barrett%20and%20Tillman%20Final.pdf#page13

December 28, 2023

December 20, 2023

Stop the nonsense

For everyone suffering from TDS that is celebrating the Colorado Supreme Court ruling you need to regain a modicum of logic and STOP THE NONSENSE. 

First, Section 5 of the Amendment gives only Congress the power to enforce the Amendment. Not the states or a state. “The Congress shall have the power to enforce,  by appropriate legislation, the provisions of this article.”

Second, it is obvious that the 14th Amendment does not apply to the President. This is obvious because if it did, it would be an alternative method to remove a President. If you ignore Section 5 then it would only take some court somewhere to decide a sitting President within Section 3 making them ineligible. Alternatively, if constrained by Section 5, a one party House and Senate with the help of a President of the same party could pass a law allowing only majority of Congress to to find future President within Section 3 . There’s nothing in the text nor history of the drafting of the 14th amendment that  Supports the view that it could be used to remove a president. 

Third, nobody, not any January 6 rioter, nor Donald Trump, has been convicted of, or charged with, insurrection or rebellion.

Stop the nonsense.

It is ludicrous to think you can allow a partisan state Supreme Court to determine that there has been an insurrection when there has been no charge or conviction of an insurrection and that such a determination can prevent someone from holding office. It would open the door to a range of claims such as: Kamala Harris provided aid and comfort to insurrection and rebellion when she bailed out violent rioters; or a state court arbitrarily and unilaterally claiming that not enforcing the law allowing millions of illegal immigrants is a rebellion, and invalidate Biden’s ability to be on a ballot. 



December 19, 2023

Reparations would be unfair and crazy

 


Two of my grandparents immigrated to United States, while the other two were first generation immigrants. They all worked hard, encouraged education and Judeo-Christian values to help their descendants improve their lives in America. Neither my grandparents, my parents, or myself have been involved in or supported slavery.

This situation is similar to most Americans. 

Almost everybody today was raised an environment where their outcomes were dependent on their merits with equal opportunity to succeed or fail.

Having Americans give money to millions of people that were not slaves, whose parents were not slaves and whose grandparents were not slaves, is unfair and crazy as far as I’m concerned. 




Old gray lady has fallen and can’t get up


The New York Times began in 1896 with the motto of  “all the news that’s fit to print without fear or favor.” It had become one of the world’s greatest newspapers referred to as the Old Gray Lady.

Today the New York Times has become a left-wing, progressive spin machine that refuses to even tolerate, let alone cover, any view that doesn’t fit their narrative.

The recent article by James Bennett, who was the NYT opinion page editor that was kicked out of the New York Times because he dared to allow an editorial that didn’t fit the Democrats’ neo-Marxist false narrative makes clear how far the Old Gray Lady has fallen. 

December 18, 2023

Bidenomics-Trade Failure



The UK left the EU in large part to get out from under the extreme complex over-regulation of Brussels that stifles innovation and economic dynamism. 

Apparently Biden’s focus was more on helping unions and forcing the ill-conceived economic dislocations of his “green” policies over improving the life’s of US consumers. 


King Biden Decrees

Biden proposes 776-page rule to replace a 2-page 1937 law regulating apprenticeship programs

Biden wants to impose onerous regulations on apprenticeships
to help labor unions and
advance its DEI policy

December 15, 2023

Texas went too far


 The Supreme Court ruled, rightly in my opinion, that restrictions on abortion are something that should be determined by the legislature of the states or of the country and not the Supreme Court. The foundation of the ruling was that unlike many of the individual’s rights questions that come before the Court, the question of abortion involves the potential rights of a second potential individual. 


With this ruling, there has been a flurry of activities of various states related to abortion restrictions. 

Some states like Texas have imposed tight restrictions. Some states have seen very strong turnout opposing tight restrictions or favoring limiting restrictions (e.g. Kansas, Ohio.) There are efforts to bring the abortion issue onto various state ballots. 

I believe this abortion question had been leveraged by Democrats in the 2020 and 2022 election cycles and will be continued to be leveraged by Democrats in the 2024 election cycle securing more votes from and for women concerned about their rights.

Ideally, the US legislature would develop a common sense approach, maybe similar to the European Union. However, this is highly unlikely because this issue can be used by the parties to motivate their potential voters. 

In the meantime, I can only hope that states quickly establish reasonable restrictions and this issue is removed from the ballot. 

Texas

Restricts all abortions unless a pregnancy places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function. 


Florida

Restricts abortion after 15.9 weeks unless the abortion would save the life of or prevent serious injury to the mother or there is a fatal abnormality of the fetus.

(If the Florida Supreme Court rules the above is constitutional,  a contingent law comes into effect that restricts abortion: after 6 weeks 6 days unless the abortion would save the life of or prevent serious injury to the mother; after 26 weeks 6 days if there there is a fatal abnormality of the fetus; or, after 15 weeks 6 days if the pregnancy was result of rape, incest or human trafficking)


EU

With minor exceptions/variations between countries, restricts abortions after 12-14 weeks unless the abortion would save the life of or prevent serious injury to the mother. 

https://x.com/moxlosllc/status/1737273194539549077?s=12


December 14, 2023

To DEI or Not


DEI is a pernicious Democrat neo-Marxist movement threatening the tenets that made America great: meritocracy, equal opportunity, free speech and equal treatment. While the words diversity, equity and inclusion sound innocuous, in practice they mean diversity, except of thought, equity of outcomes,  not of opportunity and inclusion of perceived feelings, not of facts and logic. 

This movement has grown from the backrooms of Marxist study in liberal arts departments at universities to permeate all aspects of universities, corporations, government and k-12 education. This DEI movement puts individual characteristics related to gender, ethnicity, nationality, political views or sexual orientation over merit when determining who should be given voice, preferences or advantages.

This movement stifles and cancels those who would disagree and speak publicly.  

This movement is destroying America by artificially dividing its citizens and fostering and encouraging a victim mentality and minimizing personal accountability and responsibility. 

Recently, catalyzed by events and resultant behaviors related to the October 6 massacre in Israel, there is a counter movement opposing DEI. A group of professors at the University of Pennsylvania have formed a group and started a petition to communicate and garner support for the elimination of DEI with universities. Their key position is that when hiring staff or admitting students factors of gender, ethnicity, nationality, political views, sexual orientation, or religious associations shall NOT be considered over merit. Their goal is to reestablish a foundation of education that was a key to America’s success: intellectual diversity and openness of thought, civil discourse, political neutrality, institutional neutrality, respect the scientific method, and respect and tolerance. 

I encourage everyone to read their vision and to sign their petition supporting their position. 


I don’t know if this is the beginning of the end of DEI or just a short term setback to it. I know that I think DEI is bad for our country and can only hope enough others understand what is really about and agree it needs to be stopped. 





December 12, 2023

Bidenomics - another record - DEBT

Biden's spending and economic dislocation caused by his polices continue to unsustainable grow the debt and set records for non-pandemic deficits.



The Rich are paying more

THE CBO released their annual report on the distribution of household income 2020.  This includes all sources of income, taxes and transfers from government to households.  The key points:

1. The richest pay a larger share of income by far

2. The rich are paying an increasing proportion of income

3. The ratio of national taxes paid to national income earned is increasing for the rich.


https://www.cbo.gov/system/files/2023-11/59509-household-income_2019-2020.pdf


Inflation

Bidenomics - We are all paying 17% for things than before Biden.  And, no Joe, you are not lowering prices.


 

December 11, 2023

DEI - Bad for America



The foundation of neo-Marxism is that the world must be divided between the oppressed and the oppressors and that truth is not based on objective facts and logic but on the subjective feelings and harm perceived by the oppressed.


Neo-Marxism has been embraced by Democrats and cloaked with the seemingly harmless label of progressivism with a claimed foundation of DEI: diversity, equity and inclusion. But in reality it is diversity except of views, equity of outcomes, not opportunities and inclusion  except of facts and logic. DEI insists that people be judged and treated differently based solely on certain arbitrary characteristics that are unrelated to their actual actions and behaviors. This is dangerous and bad for America. (2)(3)


Today only people of certain characteristics (the oppressed) including race, sex, sexual preference, gender identity, ethnicity, disability and obesity are recognized as deserving of preferences. Individuals without these arbitrary characteristics (the oppressors) are expected to stand aside and support the advancement and preferences given to others regardless of effort and merit. 
DEI’s failure to recognize individual behaviors and merit results in discriminatory and unfair practices to groups. 

DEI’s dismantling of the importance of personal agency is resulting in generations of individuals without resilience and responsibility. 

Claudine Gay PhD, President of Harvard, is one example of the harm ofDEI. She believes and promulgates that the disparities in education, income and crime between blacks and whites are primarily due to slavery 150 years ago, discriminatory policies 60 years ago, and systematic racism today. A professor of African American Studies at Harvard, she became President of Harvard and promised to focus on amplify teaching and research on racial and ethnic inequality and the lived experiences of those she identifies as pushed to the margins.


Evidently she is unaware of the culture of a small segment of society that results is disproportionate percentages of fatherless homes, young unwed mothers, criminal behavior and poor educational performance.(1)
Today Harvard has fallen to the bottom of the ranking of Universities when looking at the diversity of views allowed on campuses. 

December 8, 2023

Bidenomics - Jobs in Context

The population continues to grow so net jobs created is less important than labor force participation.  Bidenomics still hasn't gotten enough people back to work.

And Biden continues to make his misleading and meaningless claim related to number of jobs created so I thought I'd share a different meaningless number: Trump created more jobs per month after the pandemic than Biden has.



Say his name - Eric Harrison

When you reduce the likelihood of getting caught and/or the expected punishment for committing a crime  you get…MORE CRIME.

The Democratic neo-Marxist soft on crime policies are killing Americans. 


https://x.com/moxlosllc/status/1733133006016049573?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

Ineffectual

US President Joe Biden told Prime Minister Benjamin Netanyahu that  the US will not aid any Israeli counterattack on Iran , US media report,...