Lloyd Dogget Wants to be Czar of Texas

By Bill Proctor, PhD

By inserting and amending the language that the Senate passed, (the  FAA Authorization & Education Jobs Stimulus Bill) Lloyd Doggett’s action will discriminate against Texas. This amendment singles out only the State of Texas.  I didn’t add anything about summarizing this paragraph as we discussed.  I just can’t make it work without seeing it. 

The following language was taken from a letter sent to Speaker Pelosi by the Texas Republican Delegation in Congress addressing the Doggett amendment:  

“It would force Texas to certify the maintenance of fiscal year 2011 funding levels for two additional fiscal years, above and beyond the one-year requirement imposed on all other 49 States. This provision would have Texas violate her own State Constitution.  

The Texas Legislature has sole authority to determine State appropriations.  Moreover, one Legislature cannot bind a future Legislature.  Requiring the State to assure that a future Texas Legislature would commit to spend funds in accordance with these provisions would violate the Texas Constitution. Texas is constitutionally prohibited from meeting these severe restrictions, and no other state in the nation is subject to these additional requirements. 

According to the Congressional Research Service, the State’s share of the $10 billion is estimated to be over $830 million.  By adding the additional two-year requirement, the House language only punishes Texas students and teachers.” 

Lloyd Doggett’s amendment will usurp the legal authority of the Office of the Governor of Texas and the Texas Legislature. Doggett should immediately face a recall or at a minimum be removed by the people of Texas from Congress in the November election. 

Lloyd Doggett is no longer a Texan. Although I have only lived in Texas since 2005 I am more of a Texan that Doggett. Being a Texan means:

  • You take great pride in living in the Republic of Texas.
  • You protect the sovereignty of Texas in accordance with the Tenth Amendment of the Constitution of the United States of America.
  • You are not a Statist who wants to cede all power and authority to the Federal government.
  • You are not a pawn in Obama’s Socialist Agenda designed to cripple the economy of Texas through Cap and Trade, and take over education through the “Race to the Top Initiative.” 

Since the Clinton administration initiated direct lending for higher education and other education reforms, this country has been on the road to implementing a Ministery of Education. The Bush administration’s “No Child Left Behind” was a further erosion of the right of the states in matters of education. 

During my career I was visited by members of the ministery of education from: Japan, Chile, Australia, and Sweden. All of these ministries controlled education in their countries from the central government. 

Lloyd Doggett is assisting the Obama Agenda of Statist and Socialism in our country. In order to fully implement this agenda Texas must become subservient to the Federal Government. 

It is my hope that all Texans recognize Doggett for what he is doing and stop the Obama agenda. 

Bill Proctor is a retired educator. He has over thirty years of experience at the local, state, and national level in education. He served in Florida as a Vice President of a Community College, Assistant Executive Director of the Florida Community College System, Executive Director of the Florida Postsecondary Education Planning Commission for fourteen years, and Executive Director of the Florida Council for Education Policy, Research and Improvement for five years. His work during the last nineteen years of his career can be viewed at: http://www.cepri.state.fl.us/.

Remember the Progressives/Socialists in November

Fellow Texans, 

I have started a blog with the above mentioned title. It can be viewed at:

www://bproctor10.wordpress.com.   I hope you take the time to visit it and see my thoughts. 

I would like to ask your help also. If you have ideas for stories please send your thoughts, research, and ideas to bproctor@consolidated.net. I would like to post as much as I can and share all of our collective ideas. 

We need to continue to expand our base of Conservatives and have a great victory in November. Please don’t think it will be easy. We will need to block walk for candidates, block walk to sign up new conservative voters, and support conservative candidates. 

Our state is the major prize that the Left wants to win in November. They are spending millions and busing in people from all over the country. We need to send a message loud and clear

DON’T MESS WITH TEXAS, DON’T EVER MESS WITH TEXAS.

God Bless all of you and thank you for being a Patriot,

Bill Proctor

ObamaCare Analysis and Comment

The article below by Leon H. Wolf [redstate.com] is nicely written and well thought out, and after reading it I also conclude that these lawsuits are somewhat of a longshot. I think we will end up writing off the SCOTUS as our last resort (Although I was surprised to see them overturn part of Sarbanes-Oxley recently). [NY Times article

However, there are two other areas that seem to be gaining momentum: 

1. De-fund the portions of the law requiring ANY funding, similar to the Hyde Amendment. The funding bills have to originate in the House, so until we regain control we will not be able to stop the funding there. However, we could filibuster the bill in the Senate (thank you Sen. Brown!) and kill it (or amend it) there. And no executive order can override legislation, at least not yet. 

2. A coalition of 34 states may petition Congress to call a Constitutional Convention [Fox News story 3-10-10] where an amendment to the Constitution could be formulated to address the issue directly, e.g. narrowly re-defining the meaning of the Commerce Clause. This would then require ratification by 38 states (either their Convention delegations or their state legislatures, determined by Congress). In my mind this has a much higher probability of success.

[comments invited]                                                                                   Milton Richards 


 

I had the opportunity last Friday to speak with South Carolina Attorney General Henry McMaster, who graciously made himself available to me to answer some questions about the legal challenges to the Obamacare bill. 

I have, in private, expressed skepticism about the legal merits of these challenges, for a couple of reasons: first, any challenge asserting that Congress has exceeded the scope of their authority under the Commerce Clause has not had a very good success rate in the past century, and second, I am skeptical of the arguments I have heard thus far for why the states in particular have standing to bring suit. 

Attorney General McMaster discussed with me the particulars of the legal challenge brought by Florida AG (and presumptive GOP gubernatorial nominee) Bill McCollum. This challenge was filed seven minutes after the bill was signed into law, and has been joined (for now) by 14 states, and it is anticipated that more will follow. A breakdown of my own analysis of this challenge is below the fold. 

In my mind, the first hurdle the states have to clear is the standing question. For the non-lawyers, a brief breakdown of this doctrine is here, but the one-sentence explanation is that not everyone can bring a suit in court challenging the constitutionality of a law; the party bringing the suit must be able to show that they either actually have been injured (or imminently will be injured), and that the Court is capable of redressing such injury. 

This is a sticky question in this case. The states have a pretty good argument that they are injured by Obamacare because the act contains a number of unfunded mandates (particularly to Medicaid) that will have an adverse impact on the State’s budget. However, I’m not aware of a particularly plausible constitutional challenge to that aspect of the bill. To my mind, the only plausible challenges to the bill deal with the individual mandate section of the bill. The states, in and of themselves, are not harmed by virtue of the fact that individual persons within the state will be unconstitutionally required to purchase health insurance. Admittedly, I haven’t done any thorough or exhaustive research on this question, but this seems to be a difficult hurdle for the states to mount. 

Of course, recent Supreme Court decisions have indicated that as long as one party to the suit has standing, the states may join in the suit. Therefore, it seems that as long as the states can join an individual who is fined for refusing to purchase health care under the law, they have standing. However, there are two problems with this: first, looking at the complaint, they have not done so. There are no individual plaintiffs. That, however, is a fixable problem. Second, and somewhat less fixable (in the short-term) the individual plaintiffs will not be required to purchase health insurance until 2014. I am not sure if this counts as imminent harm. It might, and there might be case-law demonstrating that it passes muster, but I haven’t seen any in the legal materials provided to me by the states to evaluate that at all. It is also at least possible that the states may have parens patriae standing to sue here, but I am simply not well-versed enough in the doctrine to evaluate that. 

Additionally, even if the States can demonstrate standing here, the substantive problems with the challenge are not insignificant. There can be no doubt that the Federal Government currently undertakes a great amount of activity that was never contemplated by the founders under the auspices of the Commerce Clause. However, that very fact itself indicates that this activity has been undertaken with the constant and regular acquiescence of the Supreme Court. However, recent Supreme Court decisions such as United States v. Lopez and United States v. Morrison may signal the turning of the tide. 

Conceptually, if there is a law that demands that the Supreme Court reassert a reasonable interpretation of the Commerce Clause, this is it. Obamacare mandates that individual citizens purchase a product, on penalty of fines, that is not available in interstate commerce, all theoretically in the name of regulating interstate commerce? Just to speak the concept aloud is to be struck dumb by the breathtaking arrogance of Congress in passing this bill, and the disregard for the Constitutional limits on their power. Of course, States (being entities of general powers as opposed to enumerated powers) might certainly decide to do this, if that is their prerogative, but there is absolutely no justification to be found within the Constitution for the breadth and scope of this action. 

In the final analysis, we are treading in uncertain territory here. There is no reasonable argument that what Congress has done is actually within the scope of its powers under the Commerce Clause, as envisioned by the founders. However, until United States v. Lopez, suits brought challenging the constitutionality of Congressional actions on that ground were DOA. Given the new composition of the court, trying to analyze where Supreme Court will come down on this question is a frank guessing game. The most important challenge for the States at this point is to get their ducks in a row on the standing question and let the chips fall where they may.

Medina Has A Blowout!

I have read much over the last several days concerning the Debra Medina interview on the Glenn Beck radio show February 11. [transcript here].

Countless pundits and bloggers have chimed in with opinion and analysis, some attacking Medina as a lightweight and worse, others attacking Beck as a Republican (or even a Liberal) plant.

But I think most of them might be missing a larger point. It’s not about fumbling an answer to a question. It’s about how she handled the fumble. Instead of coming out and saying something like, “You know, I blew it bad when Glenn asked me about being a 9/11 Truther. This stuff about the Feds actively participating in some kind of conspiracy is a bunch of crap and I wouldn’t have anybody associated with my campaign who believes it.”

Instead, she comes out and spins her answer into having the right to “question the government.” …Please!

I want to support a candidate who is willing to admit they messed up and their behavior doesn’t then betray them.

This is about integrity. Debra Medina has based a large part of her candidacy on fighting corruption and lack of integrity among many of our elected officials. In her handling of this, Medina has taken a significant (possibly fatal) hit on her integrity.

Many of Medina’s supporters are (were) marginal at best and like rats jumping off a sinking ship they will be the first to abandon her.

It’s like having a tire blowout on the last lap of a race and no time for a pit stop!

Milton Richards

The Emperor by Bill Proctor

Once upon a time in 2009 the American People blindly established a new, unconstitutional office – The Imperial Office of the President. The new Emperor, in his mind only, B. O. was surrounded in his isolated Castle of Oz by a cast of egomaniacal misfits called the Yes People. They were lead by Princess Nancy of Facelift and Prince Harry of Nearly Dead. 

He banished almost half of his Knights (men and women) who opposed him, putting them outside the Castle and closing the drawbridge. The moat and surrounding area were protected by the Media Trolls. These trolls go by the names of Matthews, Olberman, Maddow, Begala, and others. They would snap and bite at anyone who approached the castle or disagreed with Emperor B. O. 

The stench from what was being cooked up behind the closed drawbridge permeated the land. Court Jesters Emanuel and Axelrod exclaimed to the people; “These foul smelling, poisonous brews are good for you” their trickery was to no avail. 

The people; protected by the Great FOX and his friends Bill, Glen, Sean, Greta, and the money guru the Great and Powerful Cavuto; warned the people not to drink of any of these foul brews. 

As the stench grew stronger over the land a family of Patriots known as the Tea People grew strong and powerful.  Their numbers grew larger by the day. Yet, the castle sentinels keep telling the Emperor that the Tea People were few in numbers. 

In November of 2010 the voices of the Tea People caused the walls of the Castle Obama to begin to crumble, Prince Harry of Nearly Dead was a casualty of the falling walls along with a number of village idiots who lived within the Castle walls. 

By November of 2012 the Castle was completely gone. The Tea People warned the American public never to fall asleep again and let another Castle be built. 

The Tea People let all Americans know that their strength came from their faith, their family and their belief in a sacred government document called the Constitution. 

The Representative Republic was restored; the people became ever vigilant of their government. And everyone lived happily ever after. 

God Bless the hard work each and every one of you are doing for the Katy Tea Party. You are making a difference in helping the American people take our country back.

One Fifth of America on Welfare

Click for full-sizeFrom Heritage.org
The Health care “reform” bills advancing in the House and Senate would expand Medicaid by making this government-run health plan available to all adults with incomes at or below 150% of the poverty line. The change would dramatically multiply eligible recipients, with 46 states seeing increases of at least 20%, including 16 posting jumps of 50% or more. Almost 21% of the entire U.S. population would be eligible for Medicaid and seven states and the District of Columbia would have eligibility rates of at least 25%.

Political Correctness Kills

We now live in an era where our Government and the Media embrace political correctness. Our society has indoctrinated with the idea to “profile” dangerous people within our boarders on the basis of race, sex, age, ethnicity, or religion even when perpetrators of heinous crimes fit many of those profiles is unacceptable.

Earlier this week Major Nidal Malik Hasan, a psychiatrist in the US Army with a long history of supporting fundamentalist Islamic causes, killed 13 brave Americans and wounded about thirty others.

The CIA had investigated him for six months, and the Army was well aware of his blogs a web site. He was being “observed.” Our President, Barack Hussein Obama, has stated that incident this should not be considered an act of terrorism. This is a weak response to a person who publicly stated contempt for the US Army being involved in a military action against a Muslim country.

To paraphrase an old Elvis quote, “Common sense has left the building in America” and our leaders and the press have as much backbone as jelly fish. They refuse to take any criticism for doing the right thing. Standing up for American values and not being afraid to confront evil. Keeping all your critics happy with Political Correctness will get people killed.

We live in a litigious society where there is more concerne about being sued for “profiling” rather than protecting our people. The profiling prrocess has proven very effective in other countries and helped them avoid catastrophies. TSA would rather check someone’s grandmother from an Italian Catholic background than check a young Muslim man or woman getting ready to board an airplane.

I will finish by slightly changing a poem that I learned as a child – This is the Grave of Mike O’Day, his instincts were right but his will was not strong and he is dead because his actions were wrong.

Americans need to grow some thick skin, and if they are stopped and checked they should be thankful that people are out to protect us. Every time I have been pulled aside for a personal check at an airport I tell the screener, Thanks and by the way check everyone else behind me in line.

Due to the constraints we have put on the people who try and keep us safe, we are no longer safe. Major Nidal Hisan Malik has the body count to prove it.