Is it time?

Washington, DC, and the nation abounds with rumors of impeachment for Obama. Everyone also knows that any impeachment bill that gets out of the House will be killed by Harry Reid in the Senate.

Or, will it? Dems, mainly those in the House and Senate imperiled at the polls by Obama’s dictatorial Executive Orders, may, in fear of their positions, agree to impeachment and the Senate trial.

Paul Ryan has declared Obama has not committed any ‘high crime’ sufficient for impeachment. He and others equate ‘High Crimes and Misdemeanors‘ as it is written in the Constitution, with civil crimes, like theft, murder and extortion committed by the Hoi Polloi.

http://upload.wikimedia.org/wikipedia/en/6/6a/Senate-Johnson-Impeachment-Trials.jpgNot so, Mr. Ryan. For impeachment, ‘High Crimes and Misdemeanors‘ means whatever the Congress says it is. President Andrew Johnson was nearly impeached for firing one of his cabinet secretaries. Congress can use almost any issue to impeach a President. All they need are the votes. In Obama’s case, his failure to uphold his oath of office by failing to secure our borders, is sufficient for impeachment.

The possible charges against Obama are many. Some accuse him of failing to uphold his oath of office. Failing to secure our borders is one example. His flagrant use of Executive Orders, many designed specifically to by-pass Congressional approval, is another. His attempts to infringe upon religious freedom in violation of the 1st Amendment adds to the list of acts that could be used for impeachment.

A number of years ago, I posted some notes I’d made from Thomas Wood’s book, “33 Questions about American History You’re not Supposed to Ask.” In Wood ‘s book, one chapter was about the rise of the Imperial Presidency. The method used by presidents to create that Imperial Presidency was Executive Orders.

We can thank Teddy Roosevelt for the proliferation of Executive Orders.

What is an Execute Order? An Executive Order is a directive to those departments of the Executive branch of government. Initially, it was the act of implementing legislation passed by Congress. However, in some cases, Orders were written that were not supported by preceding acts of Congress. During the early years of our republic, those orders were submitted to Congress requesting concurrence, i.e., ex post facto Congressional approval of the Executive Order. Throughout the 18th and 19th centuries, Presidents were extremely reluctant to issue an Executive Order being cognizant that Congress could subsequently reverse and not approve the order. This trend continued through the Civil War until the presidency of Teddy Roosevelt.

It was TR who pioneered rule by executive order as a governing style among American chief executives. Many Americans rightly howled during the 1990s when Clinton aid Paul Begala famously said of executive orders, “Stroke of the pen, law of the land. Kinda cool.” But Clinton, who once called Theodore Roosevelt his favorite Republican president, was only exercising a power that TR had made a major feature of the presidential office early in the century.

To appreciate the transformation that occurred in American government under TR, consider the number of executive orders issued by the presidents of the late 19th century. Presidents Hayes and Garfield issued none. Arthur issued 3, Grover Cleveland (first term) 6, Benjamin Harrison 4, Cleveland (second term) 71, McKinley 51. TR issued 1,006.Crucis’ Court, July 21, 2009.

The current push for impeachment is Obama’s excesses in issuing Executive Orders that violate the Constitution by by-passing Congress. The use of Executive Orders by Obama, or EOs as some call them, is the usurpation of power granted solely to Congress, not the Executive branch of our government.

Ted Cruz, according to a Washington Post article, says the illegal use of EOs to give amnesty to millions of illegal aliens is sufficient to impeach Obama.

Cruz: It’s about executive power – WaPo: “The fate of a Republican proposal to address a brewing immigration crisis along the U.S.-Mexico border was cast into doubt Wednesday after a tea party senator lobbied against it to House members. The effort by Sen. Ted Cruz (Tex.), who made his pitch to a group of House Republicans in a closed-door evening meeting, marked another direct shot at attempts by Speaker John A. Boehner (R-Ohio) to deal with the influx of illegal immigrants arriving from Central America…’The only way to stop the border crisis is to stop Obama’s amnesty,’ Cruz said in a statement. ‘It is disappointing the border security legislation unveiled today does not include language to end Obama’s amnesty. Congress cannot hope to solve this problem without addressing the fundamental cause of it.’” — FOXNewsletter, July 31, 2014.

But just who is it that is talking the most about impeachment? It is the democrats. They are using impeachment as a fundraising tool.

THE PARTY OF IMPEACHMENT
“You bet we’re going to run on a Congress that is just obsessed with lawsuits, suing the President, talking about impeaching him, instead of solutions for the middle class, talking about jobs and infrastructure. You bet that we’re going to ask people to support us based on that contrast.” – DCCC Chairman Rep. Steve Israel, D-N.Y. told CNN Wednesday To wit – Washington Examiner: “Just as House Minority Leader Nancy Pelosi, D-Calif., stepped onto the House floor to blast the lawsuit as ‘another Republican effort to pander to the most radical right-wing voters at taxpayer expense,’ the House fundraising arm sent out an email from Pelosi asking for donations ranging from $5 to $250 or more, to ‘support the president.’” Ummmm… – Daily Caller: “In a speech on the floor of the House Wednesday, Texas U.S. Rep. Sheila Jackson-Lee claimed that Democrats never sought to impeach President George W. Bush. Not only is that claim false, but Jackson-Lee actually co-sponsored a 2008 bill to do just that and spoke in at least one House committee hearing in support of the effort.” — FOXNewsletter, July 31, 2014.

The most telling quote came from Judge Andrew Napolitano. “The choice is between two more years of government by decree or two years of prosecution. It is a choice the president has imposed upon us all.” It is time to end government by decree. Taking back the entire Congress in 2014 if the first step.

Candidate Forum: 2014 GOP Cass County Primary

The Cass County Candidate Forum met last night at the Harrisonville Community Center. The democrats weren’t present. Their party strictly controls their primary—there isn’t one. They don’t allow contested races.

The only ones at the forum were ‘Pubs for three contested races between the county GOP conservatives and members of the Oligarchy who created the mess that plunged the county deeply in debt. The current office holders are working and making progress against that debt by returning the county to its principle areas of responsibilities.

The races covered was the Presiding Commissioner, Associate Circuit Judge, County Auditor and Circuit Clerk. Amy Bell, Kim York’s opponent for Cass County Circuit Clerk, withdrew a week or so ago as part of an agreement with the judicial system ending her service as Circuit Clerk. Kim York is now unopposed and will take office at the beginning of the new term. Regardless, she appeared alone and answered question as did the rest of the candidates.

The forum began at 6:30pm with introductions by each candidate. I noted a couple of…interesting items. All the candidates had two minutes for their responses and answers to questions with a one minute closing statement.

Dave Morris, who ran for state senator against Scot Largent and Ed Emery in the last general election, learned a few things since then. I took him to task then when he appeared at a GOP ‘meet the candidates’ meeting wearing shorts, t-shirt and flip-flops when Messrs Emery and Largent wore suits. I said at that time, Dave Morris wasn’t ready for prime time, i.e., his lack of experience in public office and the professionalism needed for state office. I’m sorry to say, he still isn’t ready for prime time.

In a subsequent question, Dave Morris was first to be asked, “What is the most positive act by the County Commission in the last ten years?” After a minute or so of stammering, he admitted he couldn’t think of anything. Jeff Cox, when asked the same question, immediately answered with killing the TriGen and Broadband projects that were pushing the county into bankruptcy.

The comparisons between Judges Meryl Lange and Stacey Lett were distinctive as well. Ms Lange has been practicing law for well over twenty years. Ms Lett for eleven years if I heard her correctly. Stacey Lett said that she has managed her own law office, and had experience with the local US Attorney’s office and other similar offices. It was unclear if Meryl Lange had ever done so, although she said she was once a lawclerk for a Supreme Court Judge. I didn’t recognize which judge that was so it must have been a state supreme court justice.

The important difference between the two was that Stacey Lett, younger and with only ten years practicing law, had twice the experience as a judge. Ms Lett has been the Raymore Municipal Judge for the last three or four years and has personally handled over 9,000 cases. Ms Lange was appointed to fill a vacancy as an Associate Circuit Judge a little over a year ago.

I did notice that Ms Lett answered the questions given her while Ms Lange did not, using the excuse of maintaining her impartiality prohibited her response to some general answers. I suppose that is one method of not making a statement on her views of being a judge. One statement that struck me, when Ms Lange actually answered a question, was her claim to have “handled 100 cases in less than an hour.” That means each case had only 36 seconds of her attention. It does make one wonder how she could do so and give each decision the necessary scrutiny any judicial case deserves.

The questions to Ron Johnson and Ryan Wescoat was fiery as expected. To call this race for Cass County Auditor a grudge match would be a great understatement. Ron Johnson was elected in 2010 ending decades of auditorial neglect by a string of democrat office holders who did not perform a single audit since the 1970s. During that time, the county auditor, “was an accounts payable office,” said Ron Johnson. Ryan Wescoat was an employee in Johnson’s auditor office when that office uncovered the fiasco of the TriGen and Broadband projects. I’ve written about his discovery in a post some years ago.

Mr. Wescoat wasn’t an employee for long. He was fired for insubordination and, without authorization, releasing documents and approving payments to UAM, the company being sued by the county for non-performance on the TriGen and Broadband projects. Since Wescoat’s political backers are the same former commissioners under investigation, Brian Baker and Bill Cook, one may suspect Wescoat’s motives running against his former boss.

Mr. Wescoat, during the initial introduction, went into great detail about his education and teaching experience. It brought to mind the saying, “Those who can, do; those who can’t, teach.” I made mention of that phrase in a Facebook posting last night. My wife, a professor in a local bible college, was not amused by the allegory.

When questions about the future of the county, both Dave Morris and Ryan Wescoat spoke at length about the need for economic development and taking advantage of the conversion of US 71 highway to Interstate Highway 49. At one point I had to wonder if Ryan Wescoat was running for Auditor or for the office of Director for Economic Development. I forget who responded, Jeff Cox or Ron Johnson, that unrestrained spending by the prior commission to push two economic development projects, nearly bankrupted the county.

Returning to the County Auditor’s race, one question clearly displayed the difference between Ron Johnson and Ryan Wescoat. The question, “What would you do if you found an office holder who was not complying with procedures demanded by law?”

Johnson used his discovery of apparent nepotism by the Cass County Clerk, Janet Burlingame as an example. He reported the discovery to the County Clerk and asked her to change her practice to be compliant with the state’s nepotism law. When, after six months, she had done nothing, he reported the case to the county prosecutor. The case was referred to the circuit court where a judge dismissed the charge because it had occurred during a previous term of the county clerk.

Ryan Wescoat’s answer was similar except for one step. After working with the office holder and not getting compliance, he would go to the County Commission, then the prosecutor. The problem with Wescoat’s process is that elected county officeholders are NOT subservient to the County Commission. The commissioners and officeholders are elected peers. One office is not subordinate to the other. The only point of contact is their budget. The Commission, working with the officeholders, creates a budget for the county and the offices. The Commission, after review with the officeholders, approves the budget. I suppose the power of the budget could be a device to use to insure compliance by an officeholder, but it would be a messy and long drawn-out affair, with, I suspect, lawyers involved in the end. Apparently, Mr. Wescoat’s view of the office of Auditor is more inline with the auditors before Mr. Johnson, an accounts payable office who rubber-stamps the decisions of the Commission without question. The concept of the Auditor being the ‘Check and Balance’ of the Commission and the elected officeholders appears to be foreign to Mr. Wescoat’s thinking.

Overall, the distinction between the two political groups, the GOP conservatives and the Oligarchy seeking return of the old, corrupt methods of governance, was readily apparent last night. I make no apology for wishing the conservatives a win next week. Else…we can greet a return to unrestrained spending, debt, and the return of the county to the path of bankruptcy.

Followup: Jackson County

Last week I wrote about a Jackson County ordinance passed last December without fanfare or notice. The ordinance effectively banned shooting in most of rural Jackson County—areas used for farming, personal shooting and hunting. Under the ordinance, outdoor shooting and archery was banned.

The Western Missouri Shooters Alliance hosted a meeting for affected Jackson Countians, a member of the county legislature, the county sheriff, and two members of the Missouri General Assembly. The meeting drew the attention of the Independence Examiner and several days later, the Kansas City Star.

A review meeting was conducted yesterday afternoon to discuss the ordinance. The county legislature unanimously repealed section (c), the new addition that banned shooting. There are already ordinances in place that govern shooting across property lines and at structures.

With the repeal, the ordinance reverts to its language as it was last year.

Jackson County legislators repeal controversial ordinance that made some hunting illegal

, 07/28/2014 5:55 PM, UPDATED: 07/28/2014 7:07 PM

The Jackson County Legislature on Monday unanimously approved deleting a section of the county weapons code that prohibited discharging firearms or arrows in parts of eastern Jackson County. The ordinance had confused and angered landowners such as Wade Noland, who said it prohibited them from hunting on their property.Once again, eastern Jackson County landowners can hunt legally on their properties.

The Jackson County Legislature on Monday unanimously approved deleting a section of the county weapons code that prohibited shooting firearms in parts of unincorporated eastern Jackson County.

The vote followed 45 minutes of testimony before the legislature’s justice and law enforcement committee. The swift action pleased a crowd that filled all available chairs and lined the walls of the legislative chambers in the Jackson County Courthouse Annex in Independence.

The old ordinance, approved in December, prohibited shooting firearms or arrows anywhere within irregular patches of land within the county’s “urban development tier.” That tier covers patches of land stretching from near Greenwood to near Sugar Creek.

Legislators and other officials said they had been motivated by genuine concerns over negligent gun owners discharging firearms in a manner that allowed bullets to strike residences.

A county official displayed maps Monday pinpointing the locations of nine incidents reported to the sheriff’s office before the December vote. Seven more incidents have been reported since.

Greg Grounds, the former Blue Springs mayor who co-sponsored last year’s ordinance, insisted that he and his colleagues had meant well.

“It was well-intentioned,” he said, adding, “It was not well thought out by myself.”

Melissa Morehead, a Blue Springs resident whose family owns 36 acres in one of the affected areas, said the ordinance had caused rampant confusion.

“In one hasty move, you criminalized hunting,” she said. “You criminalized that and you didn’t tell us.”

Lack of communication compounded the problem, she said.

“We spent the Fourth of July weekend calling our neighbors,” Morehead said. “For seven months, if we were shooting our guns, we were doing it illegally.”

Joe DeBold, an urban wildlife biologist with the Missouri Conservation Department, testified that property owners who hunt lawfully assist the department in controlling wildlife.

“They have to be able to discharge firearms,” DeBold said.

The legislature unanimously approved the new ordinance, which retains language that prohibits shooters from firing bullets or arrows beyond property boundaries.

Afterward, Kevin Jamison of the Western Missouri Shooters Alliance promised assistance if the legislature ever wanted to revisit the issue.

“None of us want unsafe practices going on,” said Jamison. “That doesn’t help anybody.”

A win for the people against petty tyrants. The common folk still have power.

Read more herhttp://www.kansascity.com/news/government-politics/article820969.html#storylink=cpy
Read more here: http://www.kansascity.com/news/government-politics/article820969.html#storylink=cpy
Read more here: http://www.kansascity.com/news/government-politics/article820969.html#storylink=c

Liberty for Thee, but not for DC residents…until now

Second Amendment supporters and the Second Amendment Foundation won a hard-fought ruling in Washington, DC. Over the weekend a federal Judge threw out DC’s ban on carrying a weapon. The Judge ruled that the constitutional right, inherent in the 2nd Amendment, to self-defense is not limited to ones residence.

People who live in Washington, D.C. can now carry guns in public. A federal judge this weekend that the district’s initial ban is unconstitutional violating the Second Amendment.

According to court documents, the 2008 law mandated that handgun owners specify where they planned to use their guns and denied permits to anyone planning to carry handguns outside of their homes.

The judge ordered a reversal on the law immediately, but police officers have not yet been told to stop enforcing it. FOXNews.

In another article, FOX’s Emily Miller writes:

Federal judge rules DC ban on gun carry rights unconstitutional

Pass for this Friday

From time to time, nothing strikes my fancy during my morning review of events. Oh, a lot is going on. But, much of the topics has already been discussed, either here, or elsewhere extensively on the ‘net.

Y’all have a fun day and weekend. The ‘Court will be back in session on Monday.

Firearms in the local news

Jackson County, MO, has been in the news this week. The first was the result of unintended, for some, consequences. The second was grandstanding by Kansas City Sly James.

Back in December, the Jackson County legislature added  sub-section (c) to an existing ordinance, 5534.2. That addition said:

c. Discharge a firearm or projectile weapon:

(1) Anywhere within the area described as the “Urban Development Tier” in the Jackson County Master Plan “Strategy for the Future,” dated January 1994, as amended; or

(2) In a manner so as to allow a projectile to travel beyond the boundaries of the tract of real property from which it was fired onto another tract not under common ownership.

This subsection 5534.2.c shall not apply to any otherwise lawful activity taking place on the grounds of a firing range or gun club as permitted under section 24005.9 of this code or under the duly enacted ordinances of any competent municipal authority within Jackson County. (Ord. 2106, Eff. 6/16/92; Ord. 4595, Eff. 12/02/1

Before this section was added, the boundaries of this ordinance was 1-mile beyond existing city limits. After the change most of rural Jackson County was within the new boundaries making shooting firearms illegal in almost all of Jackson County. The Independence Examiner was present and published this article yesterday.

Dozens of people attended a meeting Tuesday night at Bass Pro Shops in Independence largely focused on Jackson County's weapons offenses ordinance.  Zach McNulty | The ExaminerTuesday night, the Western Missouri Shooters Alliance hosted a meeting between 120 or more Jackson County residents and officials from the county and nearby state districts. The officials were MO State Senator Will Kraus (Lee Summit), State Representative Sheila Solon (Blue Springs), Jackson County Legislator Greg Grounds (Blue Springs), Jackson County Mike Sharp and his deputy Col. Hugh Mills. Jackson County Legislator Greg Grounds and Jackson County Mike Sharp took the brunt of the questions and comments from the residents.

At the end of the meeting, Legislator Grounds vowed to repeal the new section. Sheriff Shark stated he was assist as he could to do the same. State Senator Will Kraus and State Representative Sheila Solon said that if the county didn’t act, the state would.

The flaw in the ordinance was using a map, drawn for economic development and planning, to determine areas of high density population. The map was never intended for that purpose and is frequently updated, expanded, to show future plans for expansion into the county. Greg Grounds reported he was one of three county legislators who would vote to repeal the section added to the ordinance. Five of the nine county legislators must agree.

There has been a meeting to repeal this new section. That meeting was continued. The followup meeting is scheduled for July 28th.

“The hearing was continued to 28 July, 2014 at 2:30 in the Jackson County Independence courthouse, in the basement,” said Kevin Jamison, President of the Western Missouri Shooters Alliance.

The second instance of firearms in the news was Kansas City Mayor Sly James pushing for an ordinance to prohibit open carry within Kansas City. The city’s Public Safety committee rubber-stamped an endorsement of the proposal.

“’Our community is not a battleground,’ James told the committee,” in an article posted on the Kansas City Star’s website. That statement would be a surprise to anyone who peruses the Star and it’s continuing causality lists that appear almost daily in the Star. It’s unclear what James meant by the statement since there are been no instance of open carry in Kansas City leading to an exchange of gunfire. 

Likely, James is using the old “blood in the streets!” screed that the left has yet, after decades of use, proven. Everywhere citizens are allow to carry, openly or concealed, crime has decreased, not increased.

We really should not be surprised by James faulty logic and fear-mongering. After all, James is a democrat, and Kansas City is a democrat enclave in conservative Missouri. James is following the democrat reflex to continue democrat policies of ensuring Americans are defenseless against the growing criminal element.

James admitted that the city’s ordinance is likely to be an effort in futility. Missouri SB 656 had a provision to prohibit local governments, like Kansas City, from writing ordinances banning open carry. Democrat governor Jay Nixon vetoed the bill earlier this month. However, SB 656 had enough votes in the legislature to override Nixon’s veto. The legislature has already used their veto override once this year.

State Senator Will Kraus (Lees Summit), speaking before the Western Missouri Shooters Alliance Tuesday night, said he was confident the state legislature would override the veto of SB 656 during its veto session on September 10th.

So, if Sly James knows this new city ordinance will be revoked by the legislature, why do it? Anyone knowing the antics of Sly James would immediately say, “It’s to get more face time before the TV cameras!” That would be true, but he already has near-constant coverage by virtue of his office as Mayor. What other motive could he have? Perhaps, so say some, James is looking towards the future and thinking about challenging Roy Blunt for Senator. James knows he can get more political creds from democrats by making the exercise of Kansas Citians right to bear arms more difficult.

Am I an open carry advocate? No, I am not. But there is the occasional circumstance where I would like to remove a cover garment, like a jacket, exposing a weapon and not be penalized for momentarily carrying openly.

Vampire! Vampire!

It’s time for my quarterly visit to the vampire. No post today.

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