Missouri Ballot: Constitutional Amendments

Were you aware there are several Constitutional Amendments on the Missouri ballot next month? Many people do not. Only one proposed amendment is getting any attention because it affects education. That one amendment strikes at the education unions, the Missouri Department of Elementary and Secondary Education (DESE) and their embedded group of administrators and school board members that I call ‘the Education Mafia.’

I’ll speak more about that amendment later, but first let’s examine each amendment in numerical order. The amendments are numbered: #2, #3, #6 and #10. If you would like to do some personal research, follow this link  at www.sos.mo.gov/elections/2014ballot/ and page down past August to the November ballot issues.

The first one, Constitutional Amendment 2, is to restore the ability to use a defendant’s past history as evidence. The defendant’s personal history, if he has a ‘propensity’ to act in a particular manner, would be usable in some cases. The federal government and thirty-three states allow ‘propensity evidence‘, sometimes call ‘character evidence,’ in court. Missouri’s Supreme Court struck down the use of such evidence in 2007.

This amendment allows propensity evidence to be used again in specific cases—sexual offenses against minors. If the amendment is passed, such evidence can be presented in court if the Judge examines the evidence and rules if it is appropriate to the case. For instance, a history of kiting checks would likely not be allowed in a sexual offense trial unless the writing of fraudulent checks can be linked to the sexual offense—difficult, if at all possible. However, other prior offenses that can be linked to other sexual offenses, may be presented if the Judge agrees. Prosecutors across the state are in favor of this amendment.

I recommend voting, “Yes!” on Amendment #2.

Constitution Amendment 3 has the education unions and the Education Mafia up in arms. Why? Because it looses the stricture imposed by tenure. Teachers can be easily fired—and are fired, within the first five years in their positions. After five years of continued employment, they may apply for tenure.

Usually tenure is granted. Thereafter, it is nearly impossible to fire the teacher—or administrator even with extensive documentation. Amendment 3 provides another process to remove ineffective teachers and to support and promote good teachers. How? By performance. This amendment will allow school board to evaluate teachers and administrators by performance, not by longevity.

I’m not surprised the unions, administrators and union shills are screaming. It makes educators accountable by their demonstrated performance. The unions scream it means testing. That’s one method. It isn’t, however, the only method. But testing is one means of determining performance and school boards are free to use testing—or other quality measurements, as justification to remove ineffective teachers, administrators, or to reward good, effective teachers.

In short, it introduces accountability in education and that is what has the unions and the education mafia up in arms. Frankly, anything that constrains tenure and enforces accountability is a step in the right direction. For education, whenever the unions scream, you know it will improve the final product, the knowledge base of our children.

Constitutional Amendment #3 was sponsored by a citizen’s initiative, not through the legislature. With the power of the education lobby, this amendment would never be presented much less passed. we’re fortunate we have the ability to propose Constitutional Amendment without passage through Jeff City.

I recommend voting, “Yes!” on Amendment #3.

Constitutional Amendment #6 is an attempt to legalize one method of vote fraud—early voting. You remember the old adage, ‘vote early, vote often’? This would allow that by loosening the current absentee voting law. The way fraud happens is that Joe Blow votes early, then he shows up on election day and votes again. County clerks don’t cross-reference early voters on the rolls sent to the polls. There is nothing to prevent a voter who voted early from voting again. Once a ballot has been run through the voting machine, who can tell if that vote was proper or not?

County clerks are supposed to require justification for absentee ballots. How many do so? I know my current democrat county clerks does not. Consequently, this is a bad amendment. It allows more vote fraud. I recommend voting, “No!”

Constitutional Amendment #10 is complicated and concerns the ability of the Governor to withhold funds appropriated by the Legislature. Missouri Governor Jay Nixon has a line-item veto for the state budget and he used it heavily in the last legislative session. When the Legislature returned, a significant amount of those line-item vetos were overturned.

The Governor may, if there is a shortfall in state revenues, justify withholding funds at his discretion. However, democrat Jay Nixon has been withholding funds, usually from education, when no shortfall in revenue exists to justify withholding the funds. This amendment corrects some of the loopholes that currently exists that allows the Governor to abuse his power.

Missouri State Senator Ed Emery provided this description of Amendment 10. From his October 10th, 2014 legislative update…

Amendment 10 
(Proposed by the General Assembly.)
 
This amendment clarifies expectations on how a governor should prepare his annual budget proposal. It also provides a check on any governor who tries to manipulate budget withholdings for political purposes. Frustration with the current governor’s approach to budgeting and spending demands that something be done to prevent similar abuses in the future. If Amendment 10 passes, a governor is prevented from counting his chickens before they are hatched. He/she could not forecast revenues, for example, based on the anticipation that the General Assembly will pass a tax increase— it has been done.

Amendment 10 also provides a path for the Legislature to override a governor’s operating fund withholdings similar to the procedure now employed to override a veto. Abuses to the governor’s power to withhold funds make it necessary to provide a check and balance on behalf of those agencies that are being used as political pawns.

Senator Emery recommends we vote, “Yes!” on this amendment. I agree. For years we’ve heard the democrats and the education mafia claim we’re not spending enough on education. It’s a lie. The legislature has appropriated more than enough funds—it has been the democrat governor, Jay Nixon, who has been withholding funds from education.

When you enter the voting booth in two weeks and see the list of proposed amendments, remember to vote, Yes, Yes, NO, and Yes for Amendments 2, 3, 6, and 10. Or, vote yes for all except for #6.

See you at the polls.

Yaaawn…

What a week. I’ve been busy, the news-feeds are fixated, perhaps rightly so, on the Ebola outbreak. Commentators say the CDC is lying. Others say they aren’t. No one, except for a privileged few, really know what is going on nor the danger of a widespread outbreak.

I’m not interested in writing about Ebola. While my major in college was the equivalent of Pre-Med, I am not a medic, nor an EMT. I don’t claim to have any special knowledge other than a high-degree of well-earned skepticism. The real truth of it all, in my opinion, is that no one really knows what will/could/may happen with Ebola.

Change subject.

The political news has vanished from the national news scene in favor of Ebola. CNN is on a witch-hunt searching for contaminated sheets and clothing in Dallas. Ditto for most of the MSM.

In Kansas, Pat Roberts is losing…a result of his own garbage-strewn primary race that alienated his conservative core. All the so-called ‘moderates’, i.e., democrats masquerading a ‘Pubs, are publicly backing Greg Orman, the democrat running as an independent. Yeah, sure.

http://images.politico.com/global/2014/01/15/140115_sam_brownback_ap_605.jpg

KS Governor Sam Brownback speaking before the Kansas Legislature.

The same applies to Sam Brownback who is discovering he can’t buck the über-liberal education and union lobby plus their lust to spend. The Kansas establishment thought they could control Brownback. When they found they couldn’t, they turned to supporting a democrat, thus exposing their true allegiance.

And to top it all off, the Royals are in the playoffs for the World Series. Their run came at an appropriate time to redirect attention to baseball instead of politics. Whatever bangs their gong.

On the Missouri side, Representative John Diehl, the golden-boy chosen years ago to be the next Speaker of the Missouri House, is running into trouble. Conservatives are openly supporting his opponent in an attempt to remove him from office. The conservatives claim that Diehl is no ‘Pub and has blocked significant numbers of crucial, conservative legislation. They are out for payback.

And so the week ends. I’m ready for the weekend.

Tuesday’s Notes: DESE Coup

The Missouri Legislature passed HB 1490 that required the state of Missouri to create new educational standards. The purpose, while not explicitly stated, was to block the spread of Common Core in Missouri. The first of the meetings of the committee began this week. Attendees were surprised to find the meeting co-opted by the Missouri Department of Education. The Department of Education was purposely not invited to host the meetings by the Legislature. That didn’t stop Governor Jay Nixon from interfering.

One attendee, writing in the American Spring website, reported the initial meeting.

DESE and The Hijacking of HB 1490

Posted on

Last Friday, I received confirmation from the Speaker of the Missouri House of Representatives office that I was picked to be a participant on a work group established by HB 1490. This allows for groups of parents and educators to work together to develop standards for our schools. The language of HB 1490 is as follows, as related to the makeup of these work groups:

3. Work group members shall be selected in the following manner:
(1) Two parents of children currently enrolled in grades kindergarten through twelve shall be selected by the president pro tempore of the senate;
(2) Two parents of children currently enrolled in grades kindergarten through twelve shall be selected by the speaker of the house of representatives;
(3) One education professional selected by the state board of education from names submitted to it by the professional teachers’ organizations of the state;
(4) One education professional selected by a statewide association of Missouri school boards;
(5) One education professional selected by the state board of education from names submitted to it by a statewide coalition of school administrators;
(6) Two education professionals selected by the president pro tempore of the senate in addition to the members selected under subdivision (1) of this subsection;
(7) Two education professionals selected by the speaker of the house of representatives in addition to the members selected under subdivision (2) of this subsection;
(8) One education professional selected by the governor;
(9) One education professional selected by the lieutenant governor;
(10) One education professional selected by the commissioner of higher education;
(11) One education professional selected by the state board of education from names submitted to it by nationally-recognized career and technical education student organizations operating in Missouri; and
(12) One education professional selected by the state board of education from names submitted to it by the heads of state-approved baccalaureate-level teacher preparation programs located in Missouri.

This would be a total of 16 members for each of the designated work groups. Notice that nowhere in this language will you find a role for DESE or their designees.

When I arrived at the Capital this morning, I was energized to be a part of the process that would determine the future of our children’s education, while preserving the local control of our school districts set forth in our state Constitution. As a parent in one of the state’s smallest school districts, the opportunity to work with parents and educators to define our State’s path in education is an honor. The responsibility of being appointed to these work groups is one that I definitely felt as I walked through the halls of our State Capital.

As I told the fellow members of our work group (History and Government, K-5), this is the single most important thing I have ever done in my life. I felt a swell of pride when I made that statement, along with a rush of emotion.

It is a responsibility not just to my children, but to all children, and parents, in the state of Missouri.

When I made my way to the Truman Building to meet the members of our work group, I was ready to get about this serious work. Upon arriving, I found myself faced with a reality that was the anti-thesis of what I was expecting and completely contrary to the language in HB 1490.

I walked in to find a small group of people, considerably less than the full 16 member panel clearly defined in HB 1490. Only ten members of our group were assembled. This was the first disappointment of the day.

I was greeted by a ‘facilitator’ when I entered the conference room. This person had assumed the role of leadership over our work group and was flanked by two other representatives from the Missouri Department of Secondary and Elementary education. I was puzzled. DESE, according to HB 1490, was not supposed to be a participant in these work sessions. While they are open to the public (and I encourage anyone who can attend to do so), DESE is not supposed to have a role in these groups. The state legislature went to great lengths to determine who is supposed to participate in these sessions. They did not list DESE in the language above, defining the makeup of these groups.

I didn’t say anything at first. I wasn’t entirely sure what I was witnessing. Soon after I took my seat, it became abundantly clear.

I was witnessing the same assumption of authority by DESE that has become the standard in schools across Missouri. DESE’s ‘facilitator’ was lying in wait to execute a coup of the process set forth by HB 1490, perched behind her Power Point presentation like a Black Widow ready to devour any hapless fly who dissented from DESE’s darling, the Common Core Standards.

The column continues. The DESE packed the room and then used those non-workgroup attendees to ram-rod the meeting to conform to the goals set by the DESE, not the work-group members. Other reports about the session mirror the comments above.

Tension marks Missouri education goals rewrite

JEFFERSON CITY, Mo. (AP) — An effort to rewrite Missouri’s educational standards got off to a tense and sometimes confrontational start Monday as parents and educators opposed to the Common Core guidelines clashed with those reluctant to ditch them.

Under a new Missouri law, eight task forces each comprised of more than a dozen appointees are supposed to recommend new learning benchmarks for public school students to replace the national Common Core guidelines by the 2016-2017 school year.

But not all of the appointees had been named in time for Monday’s initial meetings. Those who were present first argued about whether to actually meet, then about whether officials from the Department of Elementary and Secondary Education should be present, who should take notes, and whether the public should be allowed to watch their work.

More than an hour into its meeting, one task force decided to shut off an education department video camera that had been recording its proceedings.

After resolving issues about how to meet, task force members sparred over the merits of the Common Core standards, which were developed by a national organization of state school officers and the National Governors Association. They are used to gauge students’ progress from grade-to-grade and create consistency between states. But opponents say they were adopted without enough local input.

Missouri is among 45 states to have adopted the Common Core standards but is one of several now backing away from them. Indiana, Oklahoma and South Carolina also have taken steps to rewrite their standards, North Carolina is reviewing its guidelines and Louisiana Gov. Bobby Jindal has suspended his state’s testing contracts in an attempt to halt Common Core standards.

Missouri’s attempt to forge new standards got off to such a shaky start Monday that some wondered whether it ultimately could succeed.

“If they can’t come to a consensus, what do you do at that point?” said Sarah Potter, spokeswoman for the Department of Elementary and Secondary Education. “We’re not really sure.”

There was a clear divide among task force members between Common Core opponents appointed by Republican legislative leaders and supporters of the standards appointed by public education officials.

Before the official meetings began, about two dozen appointees of Republican legislative leaders met in the House chamber for a strategy session. Among those addressing the group was Mary Byrne, co-founder of the Missouri Coalition Against Common Core, who asserted that the standards violate state law.

In some meetings, members at times spoke over each other. While some pushed to fully abandon Common Core, others sought more of a revision of the standards.

“I get told every day by parents, ‘We’re sitting at the table for hours with tears in our eyes,'” trying to do homework under the Common Core standards, said Brad Noel, of Jackson, a parent representative appointed by House Speaker Tim Jones to the elementary math task force. “A lot of it is, in my opinion, not appropriate.”

But “how do we know Common Core is not going to work? We’re barely into it,” said Ann McCoy, coordinator of the mathematics education program at the University of Central Missouri, appointed by the higher education commissioner. “It’s frustrating to me as an educator to change and change and change.”

James Shuls, a Jones appointee who is an associate professor in educational leadership and policy studies at the University of Missouri-St. Louis, argued that the state doesn’t need detailed standards and should instead adopt minimal requirements, leaving the rest to local districts.

The task forces are to make recommendations by October 2015 to the State Board of Education, which then must gather additional public comment.

The motivation of DESE to sabotage these meetings is their determination to retain central control over the state’s education and education policy. Loose requirements that allow local school boards to determine what is best for their schools lessens the need of state oversight—and calls in question why Missouri needs such a large Education Department…or even if we need a state Department of Education at all. When their rice-bowl is threatened, it is not surprising DESE has acted the why they have. Why, if something isn’t done, these bureaucrats could find themselves out of a job!

Primary Day! Go Vote!

Today is Primary Day in Kansas and Missouri and probably a few other states, too, but, I’m only interested in these two. I was Facebook chatting with a friend earlier. We were wondering if the turnout would be high or low and whether one would benefit our folks more or less. In the end, we just didn’t know.

It did remind me of the first time I voted. The time was 1956. Adlai Stevenson was running against Dwight Eisenhower. My folks lived in southern Illinois. My mother was a grade school teacher. My father was a coal miner and part-time farmer. A few years later when the near yearly strikes by the UMWA permanently closed most of the coal mines, he became a full time farmer.

Being a miner, he was a member of the UMWA, the United Mine Workers of America. Dad remained a member of the union after the mine, where he worked for thirty years, closed. He wanted to retain his pension and health benefits. If he didn’t continue to pay union dues, he would lose pension and benefits.

Elections in coal country were a bit different from other areas of the country. There were highly organized affairs with the unions firmly in control. On election day, each poll would have a collection of union officials outside. Every union had a representative at every polling station. When union members arrived to vote, they checked with their union representative who, in turn, checked their name off the union roster. Heaven help the union member who didn’t vote or check in with the union before voting. Fines up to $100 was not uncommon.

In Illinois at that time, schools and many businesses closed on election day. Mom and Grandma had voted earlier. Dad had some chores to do. He voted later and I, nine-years old, went with him.

We arrived at the polling station that was set up in the yard of the township headquarters in West City, IL. Dad was recognized by a number of other union members and waved over. The union rep at that polling place was a man whose name I’ve forgotten. I do remember Dad calling him a ‘loud-mouth.’

Dad checked in, had his name checked as voting on the union roster and was given a ballot with all the union-backed candidates already checked off. There were few, if any, items on the ballot unchecked. Dad introduced me to Loud-mouth. I remember he hollered, “Another UMWA vote here!” and pushed a ballot into my hands. He told me to follow my father and put the ballot into the same box as did my Dad. I looked at Dad. He looked down at me and gave a slight nod of his head.

A few steps away were the election judges, both union men. One took my ballot and Dad’s and stuffed them in the ballot box. The other had my Dad sign the voter roster. He asked my name and I gave it. The judge wrote it on the voter roster just below my Dad’s name.

I had just voted in my first election, at age nine. It was the union and Illinois way. In parts of the county today, I’m told the voting practices haven’t changed in the near-sixty years since I first voted.

Coup…Counter-Coup

All is not well in the state of Maryland. The officers and the members of the Board of Directors of Wicomico County Education Association (WCEA) have become dissatisfied with their upstream counterparts, the Maryland State Education Association and the National Education Association. In brief, the local union felt and still feels that they are not getting their money’s worth when they send their dues upstream.

They have scheduled a vote to disassociate themselves with the state and national union. Those parent organizations were not pleased. Like any third-world dictator, they struck back.

Maryland Teachers Union Shop Steward Stages Coup

posted at 9:21 am on April 22, 2014 by Mike Antonucci

My apologies if this ends up sounding like a dispatch from some war-torn Third World country, but it really is a tale from southeastern Maryland.

The elected officers and members of the board of directors of the Wicomico County Education Association (WCEA) scheduled a rank-and-file vote for the 1,000-member local union to end its affiliation with the Maryland State Education Association and the National Education Association. The issues were the usual ones in such cases – the local officers felt an awful lot of dues money was going up the line to the parent unions in exchange for not much in services for the local. After last week’s events, that vote – scheduled for April 28 and 29 – is very much up in the air.

Upset by the actions of WCEA’s board, Gary Hammer, a union site representative at Bennett Middle School, began circulating petitions to recall all the WCEA officers and members of the board, and to suspend them from office until the recall took place. Hammer and his supporters claim to have gathered 700 signatures, which would constitute a majority of the bargaining unit.

Last Tuesday, Hammer and others “entered the WCEA offices, changed the locks and codes, removed or altered office equipment and purported to illegally fire the Association’s only employee.” According to WCEA president Kelly Stephenson, “These actions were not taken in accordance with the governing documents of WCEA or in accordance with the law.”

Stephenson insists the disaffiliation vote will go on as scheduled.

As any good coup plotters would, Hammer and his associates seized the radio station, er, union web page. They have posted this message while deleting much of the site’s previous content:

On April 15 a majority of the members of the Wicomico County Education Association stood together and took necessary steps to prevent a small minority of members from dismantling the union with attempts to disaffiliate from our state and national Associations. The members have spoken and have declared that we are stronger together, and the support we have from the Maryland State Education and National Education Association adds to that strength. We have collected the necessary signatures to recall the officers of WCEA and have put an interim board of managers in place, effective immediately. This board will assume day to day operations of the Association and will move to conduct an election of a new slate of officers. These actions clearly reflect the wishes of the majority of our members who are anxious to move forward and who remain committed to giving Wicomico County’s public school students the excellent instruction and service they deserve.

It seems almost beside the point to note that there is no provision in WCEA’s by-laws to remove the union’s entire elected leadership with a single petition whose signatures have not been verified by any independent authority. Nor is there any provision for the summary displacement of elected officers by an unelected “board of managers.” Nor have the charges contained in the recall petition been examined to see if they meet the recall requirements set out in the by-laws.

It is beside the point because the legality of such actions becomes secondary once you have succeeded in pulling them off. The American Federation of Teachers has turned into an art the recapture of rogue locals, with one such incident being declared illegal by the U.S. Department of Labor, and moot at the same time. A similar disaffiliation vote will take place next month in Modesto, California, though the California Teachers Association does seems to regard it as a legitimate election.

A legal battle will almost certainly arise out of this, but if the WCEA officers want to retain office, they had best respond to the coup’s tactics in like manner.

This is just another, among many, example of thuggish behavior by unions. This time it is the unions sending union goons against their own members to oust legally elected officers and Board members. It matters not that the actions of the state and national unions were illegal. If the local union doesn’t act quickly, it will become moot. The national unions have the force and assistance of the NRLB behind them.

***

Missouri Governor Jay Nixon is all in a twitter. Those nasty Republicans are planning on cutting taxes and he’s vowed to veto the bill if it arrives on his desk. He’s so upset that he and his budget director will tour the state today to announce his response against those evil Republicans who want to cut taxes.

From PoliticMO Newsletter, April 22, 2014:

NIXON’S NEW TAX MESSAGE — A FATAL LAW. Gov. Jay Nixon dispatched his legal counsel and budget director to carry a new line on monday that Senate Bill 509 carries a fatal flaw that could cost the state billions. The issue is with Line 43 on Page 2, which reads, “The bracket for income subject to the top rate of tax shall be eliminated once the top rate of tax has been reduced to five and one-half percent.” Counsel Ted Ardini: “The bracket for income subject to the top rate is… over 9,000 dollars… Once that hits 5.5 percent, this provision tells us to eliminate the top tax bracket. Once you eliminate the top tax bracket, it becomes over #8,000 and under $9,000… If your Missouri income is greater than 9,000 you have no tax bracket and no tax rate. … By the elimination of the over 9,000 tax bracket, there’s no where to go.”

State Representative John Diehl responds:

HOUSE MAJORITY FLOOR LEADER JOHN DIEHL: The “Governor’s contention of #SB509 flaw is laughable. MO SupCt would never take his position on that reading of that bill.” “It’s a pattern of scare tactics and deception to avoid the real issue… Never once did they identify some hole in the bill.… We were and are confident that there’s absolutely nothing wrong with this bill.” — PoliticMO Newsletter, April 22, 2014.

Jay Nixon has never met a tax he didn’t like.

***

In my opinion, Rasmussen is and has been one of the most accurate polling groups in the country. They are not always right, but on the average, they are correct more than any of their competitors. Each week they present a rolling poll on Congress…which party is more preferred. Historically, the dems usually have the edge by a percentage point or two. In fact, I cannot remember when the ‘Pubs were on top.

This week they were.

Generic Congressional Ballot

Generic Congressional Ballot: Republicans 41%, Democrats 40%

Republicans have edged ahead of Democrats on the Generic Congressional Ballot for the week ending Sunday, April 20.

A new Rasmussen Reports national telephone survey finds that 41% of Likely U.S. Voters would vote for the Republican in their district’s congressional race if the election were held today, while 40% would choose the Democrat instead.

The last time this switch occurred was during the week of February 4th, 2014.

***

An article appeared yesterday in the American Thinker. Mark Levin spent some time discussing it on his program and his FB page. It is an analysis of John Boehner and it isn’t, by any means, complimentary.

But Seriously, Just How Slow-Witted is John Boehner?

By C. Edmund Wright, April 21, 2014

As he moves from lobbyists to the golf course, from press conferences to the tanning bed, he remains oblivious to all that is around him. He has power, incredible power, and yet to this day he has no understanding of the election that made it so. Moreover, all around him are astonishing opportunities for him to be an historic figure — one who could and should be the man who did more than any other single person in turning back the red tide of Obama. It’s all there for Speaker of the House, and yet John Boehner manages to miss it all — as he guarantees his spot as the most spectacular failure in the history of Speakers of the House.

So seriously, just how dense is this guy? I’m not being flippant, or overly dramatic. His performance, in light of the momentous circumstances, necessitates just that question in the most literal and serious sense. Mr. Boehner, I frankly think you’re sort of stupid. Either that, or you are plagued by an amazing lack of situational awareness.

Consider: For months, the IRS has done their best to guarantee that they are known as nothing but part of the Democratic Party election machine.  Lois Lerner remains such an unsympathetic figure that the last public photo of her might as well have been a set of legs with red slippers sticking out from under a house. Elijah Cummings has been exposed as a corrupt and inarticulate embarrassment, and an email trail is emerging that would make Nixon’s use of the IRS look like child’s play. This one scandal is an incredible teaching opportunity of the inherent evils of the liberal bureaucratic political state. Donald Rumsfeld understands this. Boehner? Not so much. He’s talking about immigration deform.

If that weren’t enough, there is another epoch-making story unfolding in Nevada, as the Bundy Ranch is being invaded by an army of militarized bureaucrats that most of us didn’t know exists — working for a bureaucracy that is apparently in charge of more land mass than the majority of world governments. Who the hell are these robo-crats, and who is paying for and authorizing their intimidating and dangerous cross-dressing? Apparently, in this case, the boy king of this hidden empire is a former political aide from the office of Harry Reid. Again, a silver platter of an opportunity has presented itself.

But no, Boehner would rather work behind the scenes to spoil the efforts of the Tea Party groups.

Oh, and while we’re at it, the Bundy story is far more than just some delicious viral YouTube videos. It brings up some very important questions, such as why does the Federal Government own more land in Nevada than everybody combined owns in the United Kingdom? Why does the BLM control one eighth of the entire landmass of the country? And just how many dirty Harry Reid deals are going on everywhere while most of us had no idea how big the BLM was and how little of our own country the rest of us own?

Uh, Mr. Boehner, these are questions of stupefying importance, and while millions of Americans are asking them, they will not get the traction they deserve until someone in a position of power asks them. You know, like a Speaker who is in the opposition party?

The column continues at the website. I urge you to follow the title link or the link here to read it in full. I cannot disagree with anything the writer has penned.

***

Lawfare. If you have listened to the news today, the NC Attorney General has requested a delay in the latest lawfare suit filed in federal court against the state of North Carolina. The suit complains that the state’s anti-same sex marriage ban is unconstitutional. The tactic many such groups are using around the country with, frankly success, is known as Lawfare.

Lawfare is a recently coined word not yet appearing in the Oxford English Dictionary,[1] a portmanteau of the words ‘law’ and ‘warfare’, said to describe a form of asymmetric warfare.[2] Lawfare is asserted by some to be the illegitimate use of domestic or international law with the intention of damaging an opponent, winning a public relations victory, financially crippling an opponent, or tying up the opponent’s time so that they cannot pursue other ventures such as running for public office,[1][2] similar to a SLAPP lawsuit. Other scholars see it more neutrally as a reference to both positive and negative uses of law as an instrument of warfare or even to the legal debates surrounding national security and counterterrorism.[3]Wiki.

Lawfare is a particularly vile tactic. It does, however, have a large degree of success by cherry-picking cases that incrementally enhances the agenda of its practitioners.

Busy Week

And a busy week it will be! I’ll not be posting today, nor Thursday. Thursday is the annual 2nd Amendment Rally in Jeff City. I’ll be leaving early (groan!) with a couple of friends and will be spending the day in Missouri’s Capitol.

My excuse for not posting today is…well. I don’t have one. Nothing in the morning news stream is appealing. I did get word late last night that the Pay Check Protection bill passed Missouri’s House. Dems and RINO union goons say it will kill unions in Missouri. More lies. The bill just won’t allow unions to extort dues from non-members. That’s an outrage for them. Imagine, not being able to steal from non-members!

House Passes Paycheck Protection 83-70

Here’s a blown up photo, courtesy of Eli Yokley:

paycheckprotectionvote

Republicans who voted against passage:

  • Rep. Jay Barnes
  • Rep. T.J. Berry
  • Rep. Doug Funderburk
  • Rep. Elaine Gannon
  • Rep. Ron Hicks
  • Rep. Galen Hidgon
  • Rep. Jeanie Lauer
  • Rep. Nick Marshall
  • Rep. John McCaherty
  • Rep. Chris Molendorp
  • Rep. Jim Neely
  • Rep. Myron Neth
  • Rep. Donna Pfautsch
  • Rep. Caleb Rowden
  • Rep. Ron Schieber
  • Rep. Shelia Solon
  • Rep. Chrissy Sommer
  • Rep. Noel Torpey
  • Rep. Paul Weiland
  • Rep. Ann Zerr

Just FYI, the names above are the Rogue’s Gallery of RINOs and union goons who voted against the bill. Let’s do our best to remember them come the primary and November elections.

UAW loses, a warning to Connecticut

I’ve two items for today’s post. In a sense, both are related, the failure of big government and big unions. Both entities are large, faceless organizations whose purpose is to force people to do something against their will.

In Tennessee, the UAW has been trying to unionize a VW plant for some time. Pet NLRB pols and administrative judges have been greasing the ways from the beginning using all the power of the federal government to force the UAW on the VW workers. The vote was taken and the UAW lost.

LIVE coverage: Chattanooga Volkswagen plant votes against UAW

published Friday, February 14th, 2014, by Staff Report

Volkswagen Chattanooga

Volkswagen Chattanooga

Volkswagen’s Chattanooga employees have spurned the United Auto Workers, rejecting two years of wooing by the Detroit-based union in a vote of 712 to 626.

The vote count came late Friday after three days of balloting by VW workers in the National Labor Relations Board-supervised election. Some experts said the result is a blow to the UAW and that the VW plant was its best chance to organize a foreign-owned auto factory in the South.

Jack Nerad, executive market analyst of Kelley Blue Book, said UAW put a lot of work into trying to organize VW’s Chattanooga operation. He termed it “a publicity setback for certain.”

“On behalf of Volkswagen Group of America, I want to thank all of our Chattanooga production and maintenance employees for their participation in this week’s vote. They have spoken, and Volkswagen will respect the decision of the majority,” said Frank Fischer, CEO and chairman of Volkswagen Chattanooga. “The election results remain to be certified by the NLRB,” Fischer, said.

“Our employees have not made a decision that they are against a works council. Throughout this process, we found great enthusiasm for the idea of an American-style works council both inside and outside our plant,” Fischer noted. “Our goal continues to be to determine the best method for establishing a works council in accordance with the requirements of U.S. labor law to meet VW America’s production needs and serve our employees’ interests. ”

Sebastian Patta, vice president for human resources, said, “While there was intense outside interest in this election, our managers and employees inside the plant maintained high quality production and continued to work together in a calm and respectful manner.”

“Our commitment to Tennessee is a long-term investment. We look forward to continuing to work with the state of Tennessee and the city of Chattanooga to support job creation, growth, and economic development today and into the future,” Fischer added.

The voting had numerous groups observing the process and all, grudgingly for some, agreed the vote was valid. After two years and millions spent by the UAW, the employees of the VW plant spoke. No Union!  Richard Trumka of the AFL/CIO blamed outside right-wing extremist, economic terrorist, for the loss. I suppose his left-wing extremist, economic terrorist, union agitators that created the issue were blameless.

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A situation is rising, one I’d hoped would not happen, in Connecticut. Connecticut passed a law requiring all gun owners to register their firearms.

Law-abiding Connecticut gun owners may face FELONY CHARGES for failing to register weapons

Connecticut’s gun control deadline requiring gun registration has come and gone — putting tens of thousands of law-abiding citizens at risk of felony charges, should officials decide to crack down on what one gun owner called a stand of “civil disobedience.” Last January after the Sandy Hook shooting, Connecticut passed a stringent new gun control laws, and in April, Gov. Dannel Mallory approved restrictions which redefined the definition of an “assault weapon” to ban 100 more types of semi-automatic weapons. The law’s grandfather clause allowed gun owners already possessing AR-15s and similar weapons to keep them, but they must submit their personal information to a statewide registry. A photo taken by George Roelofson depicting long lines of gun owners waiting to register their weapons and ammunition went viral in December as the law’s deadline approached:But that’s only a tiny fraction of the state’s gun owners.

Now, as Connecticut’s The Courant estimates, as many as 100,000 gun owners with 350,000 unregistered weapons have yet to come forward, making state officials uneasy. Furthermore, estimates concerning banned magazines holding more than ten rounds — which have no serial numbers and are impossible to track unless registered — show that only 36,932 have been entered into the state’s databases, while over two million remain on the market. “I honestly thought from my own standpoint that the vast majority would register. If you pass laws that people have no respect for and they don’t follow them, then you have a real problem,” Republican state Sen. Tony Guglielmo, ranking senator on the legislature’s public safety committee, told The Courant. Last week, a gun owner informed Guglielmo during a constituents’ meeting that he and fellow gun owners refused to submit to the law’s registration requirements. “He made the analogy to prohibition. I said, ‘You’re talking about civil disobedience, and he said ‘Yes,’ “ Guglielmo said. Mike Lawlor, undersecretary of Connecticut’s Office of Policy and Management, said that the state will not yet aggressively pursue unregistered gun owners — even sending out a reminder letter could spark tensions between gun owners and officials. Lawlor instead suggested first extending the deadline and holding an “outreach campaign” to encourage submissions. Lawlor added that the law, having technically rendered otherwise law-abiding citizens with no criminal history felons in one fell swoop, has partly succeeded in its goal to eliminate assault weapon ownership in the state. “Like anything else, people who violate the law face consequences,” he told The Courant, leaving open the possibility of future prosecutions. “That’s their decision. The consequences are pretty clear… There’s nothing unique about this. The goal is to have fewer of these types of weapons in circulation.” Meanwhile, Scott Wilson, president of Connecticut Citizens Defense League, Inc. (CCDL) has led the charge against Connecticut’s gun restrictions, suing the state in May for passing an unconstitutional law that violates the Second Amendment. “I think that the state would be better served using its resources going after violent criminals — ones that are perpetuating acts of violence in their community — instead of going after law-abiding citizens,” Wilson told The Daily Caller. Many Connecticut gun owners either remain unaware that the law requires registration, or don’t believe that their particular models fall under the law’s jurisdiction at all, Wilson added. He also noted that he had been contacted by many gun owners after the registration deadline passed who were afraid to come forward and get slapped with criminal charges. “My sincerest hope is that the state of Connecticut will come to [its] senses and the law that was passed Jan. 1 will one day be repealed by the state legislature,” Wilson said.

The article concludes with this statement.Connecticut state police declined to comment, while the state’s firearm licensing department could not be reached.” There is great concern from a growing number of Connecticut citizens and others around the country that the Connecticut State Police would start confiscation raids on the homes of those who failed to register. When officials were contacted and asked that question, those same officials refused to answer.The seriousness of the situation has lead to gun-rights activists across the country to weigh in on the side of the state’s gunowners. Mike Vanderbeorgh, one of the bloggers who investigated the BATF’s Fast and Furious gun sales to Mexico’s drug cartels, wrote this open letter to the members of the Connecticut State Police. The email is long, too long to quote here. Instead, I’ll post portions of the email and ask that you follow the link in the article title and read the entire message yourself.

The following letter was sent via email to members of the Connecticut State Police, Department of Emergency Services and Public Protection. There are 1,212 email addresses on the list. There were 62 bounce-backs.15 February 2014To the men and women of the Connecticut State Police and the Department of Emergency Services and Public Protection: My name is Mike Vanderboegh. Few of you will know who I am, or even will have heard of the Three Percent movement that I founded, though we have been denounced on the national stage by that paragon of moral virtue, Bill Clinton. Three Percenters are uncompromising firearm owners who have stated very plainly for years that we will obey no further encroachments on our Second Amendment rights. Some of you, if you read this carelessly, may feel that it is a threat. It is not. Three Percenters also believe that to take the first shot in a conflict over principle is to surrender the moral high ground to the enemy. We condemn so-called collateral damage and terrorism such as that represented by the Oklahoma City Bombing and the Waco massacre. We are very aware that if you seek to defeat evil it is vital not to become the evil you claim to oppose. Thus, though this letter is certainly intended to deal with an uncomfortable subject, it is not a threat to anyone. However, it is important for everyone to understand that while we promise not to take the first shot over principle, we make no such promise if attacked, whether by common criminals or by the designated representatives of a criminal government grown arrogant and tyrannical and acting out an unconstitutional agenda under color of law. If we have any model, it is that of the Founding generation. The threat to public order and safety, unfortunately, comes from the current leaders of your state government who unthinkingly determined to victimize hitherto law-abiding citizens with a tyrannical law. They are the ones who first promised violence on the part of the state if your citizens did not comply with their unconstitutional diktat. Now, having made the threat (and placed the bet that you folks of the Connecticut State Police will meekly and obediently carry it out) they can hardly complain that others take them seriously and try by every means, including this letter, to avoid conflict.…tyrannical politicians in your state have been writing checks with their mouths that they expect you to cash with your blood. We have moved, thanks to them, into a very dangerous undiscovered country. Connecticut is now in a state of cold civil war, one that can flash to bloody conflict in an instant if someone, anyone, does something stupid. So please pay attention, for Malloy and Co. have put all your asses on the line and are counting on your supine obedience to the enforcement of their unconstitutional diktat. I apparently first came to your attention with this speech on the steps of your state capitol on 20 April 2013. It was very well received by the audience but virtually ignored by the lapdog press of your state. If I may, I’d like to quote some of the more salient points of it that involve you.“An unconstitutional law is void.” It has no effect. So says American Jurisprudence, the standard legal text. And that’s been upheld by centuries of American law. An unconstitutional law is VOID. Now that is certainly true. But the tricky part is how do we make that point when the local, state and federal executive and legislative branches as well as the courts are in the hands of the domestic enemies of the Constitution. Everyone who is currently trying to take away your right to arms starts out by saying “I support the 2nd Amendment.” Let me tell you a home truth that we know down in Alabama — Barack Obama supports the 2nd Amendment just about as much as Adolf Hitler appreciated Jewish culture, or Joseph Stalin believed in individual liberty. Believe what politicians do, not what they say. Because the lie is the attendant of every evil. . .Before this year no one thought that other firearms and related items would ever be banned — but they were, they have been. No one thought that the authorities of your state would pass laws making criminals out of the previously law-abiding — but they did. If they catch you violating their unconstitutional laws, they will — when they please — send armed men to work their will upon you. And people — innocent of any crime save the one these tyrants created — will die resisting them.You begin to see, perhaps, how you fit into this. YOU are the “armed men” that Malloy and Company will send “to work their will” upon the previously law-abiding. In other words, this law takes men and women who are your natural allies in support of legitimate law enforcement and makes enemies of the state of them, and bully boy political police of you.

Just like King George, such people will not care, nor modify their behavior, by what you say, no matter how loudly or in what numbers you say it. They will only pay attention to what you DO. So defy them. Resist their laws. Evade them. Smuggle in what they command you not to have. Only by our ACTS will they be impressed. Then, if they mean to have a civil war, they will at least have been informed of the unintended consequences of their tyrannical actions. Again I say — Defy. Resist. Evade. Smuggle. If you wish to stay free and to pass down that freedom to your children’s children you can do no less than to become the lawbreakers that they have unconstitutionally made of you. Accept that fact. Embrace it. And resolve to be the very best, most successful lawbreakers you can be.
Well, I guess at least some of my audience that day took my message to heart. As Connecticut newspapers have finally begun reporting – “Untold Thousands Flout Gun Registration Law” – and national commentators are at last noticing, my advice to defy, resist and evade this intolerable act is well on the way. The smuggling, as modest as it is, I can assure is also happening. This law is not only dangerous it is unenforceable by just about any standard you care to judge it by. Let’s just look at the numbers mentioned in the Courant story.

By the end of 2013, state police had received 47,916 applications for assault weapons certificates, Lt. Paul Vance said. An additional 2,100 that were incomplete could still come in.

That 50,000 figure could be as little as 15 percent of the rifles classified as assault weapons owned by Connecticut residents, according to estimates by people in the industry, including the Newtown-based National Shooting Sports Foundation. No one has anything close to definitive figures, but the most conservative estimates place the number of unregistered assault weapons well above 50,000, and perhaps as high as 350,000.

And that means as of Jan. 1, Connecticut has very likely created tens of thousands of newly minted criminals — perhaps 100,000 people, almost certainly at least 20,000 — who have broken no other laws. By owning unregistered guns defined as assault weapons, all of them are committing Class D felonies.

“I honestly thought from my own standpoint that the vast majority would register,” said Sen. Tony Guglielmo, R-Stafford, the ranking GOP senator on the legislature’s public safety committee. “If you pass laws that people have no respect for and they don’t follow them, then you have a real problem.”

This blithering idiot of a state senator is, as I warned Mike Lawlor the other day, extrapolating. It is a very dangerous thing, extrapolation, especially when you are trying to predict the actions of an enemy you made yourself whom you barely recognize let alone understand.

The email continues. Suffice to say, the situation in Connecticut has the potential to be very dangerous. Firearm confiscation led to the confrontation at Lexington in 1775 that led to the Revolution. If the government of Connecticut continues down the path like that of King George, no one knows what will happen. It the State Police follow the orders of the state government, sooner or later, there will be armed resistance.All of us around the country do not want that to happen.

The consequences are too dear. Public pressure can make those petty tyrants in the Connecticut state government reverse their path. It has happened before.In the end, the real issue is not about so-called ‘assault weapons.’ It is about the supremacy of government over the individual.