A Commentary - 12-15-2013

The cure for the evils of democracy is more democracy!

H. L. Mencken, Notes on Democracy, 1926

The end of the year is at hand, and as such the lists of best and worsts as well as summations of the year past have begun filtering out through the media hacks serving the political class.

The Madison Conservative sees no reason not to jump on such a trivial trend, though with a twist.

In advance of the Presidents’ State of the Union message to be delivered in mid-January, we would opt to follow in the tradition of Thomas Jefferson and simply put it into print and leave it to that.

To wit:

The State of te Union is, as perceived by the Madison Conservative, excellent.

This administration has lied to the American people over such issues as the slaughter of four Americans in Benghazi, the IRS targeting conservative groups looking for tax-exempt status, and about the underlying reasons for the actions taken by the NSA in its surveillance of the American people.

The Affordable Care Act – ObamaCare – was the root of the honor bestowed upon President Obama by PolitiFact as holder of the title “Lie of The Year” for the whopper about “If you like your plan you can keep your plan. Period”.

The President has boldly discarded the Constitution for politically petty expediency by unilaterally changing the Affordable Care Act on his whim when the reality of the disaster of the law confronts a favored political group; and why not since he does so with absolutely no one calling him on it.

The administration touts the unemployment rate falling to 7% without explaining that the reason it has dropped is that so many Americans have dropped out of the workforce for lack of work. In Washington logic, if someone has given up looking for work, they are no longer part of the unemployed.

The status of America abroad is in tatters; with our sovereignty in question and lacking focus because the President has not the force of will to keep America strong. He does however possess the qualities necessary to take so called “selfies” with the British Prime Minister while attending the services for Nelson Mandela. As an aside, can anyone picture Ronald Reagan and Maggie Thatcher acting so irresponsibly while the eyes of the world were upon them?

Our society is currently under assault by the politically correct police who are running amok – threatening lawsuits over cemetery crosses, suspending 6 year olds for kissing a fellow students hand and branding him a sexual predator, and a Texas judge sentencing a 16 year who drunkenly killed 4 people to only probation, agreeing with the defense of ‘affluenza’.

So with our standing in the world in shards, our current economic climate bleak, and the idiots running the asylum on social issues, one might question the aforementioned statement that the Madison Conservative believes that the State of the Union is excellent.

Our assessment is based upon two absolute truths.

First, none of what this administration has dome has changed the august document of governing brilliance tha is the United States Constitution. True, they have acted unconstitutionally, but everything they do to damage this nation can be undone by any subsequent administration that has a respect for the Constitution.

The founders and framers anticipated this type of imbecilic governance, and thus built in protections within the Constitution.

 Second, and most importantly, this nation is still a nation of the people, for the people, and by the people. Our history has shown that any time the nation veers too far one way or the other, the electorate gets it right and balances the political power to a more functional level.

As long as this nation retains the foundation of the founders principles, the State of the Union will forever be strong.

Merry Christmas, Happy New Year and we will return early in 2014.

Article II, Again.

The cure for the evils of democracy is more democracy!

H. L. Mencken, Notes on Democracy, 1926

The self-delineated mandate for the Madison Conservative is to provide constitutional clarity and an accompanying discussion for the acts of government, not necessarily the political policies engendered by self serving cowardly politicians.

The acts of the Obama administration have been rich fodder for this blog, simply because so much of what they do is so blatantly unconstitutional and an assault of the foundations of this nation as intended by the framers of the Constitution.

Naturally, there are many on the political left who would claim the Madison Conservative is just another right wing nut case whose sole intent is to hinder the work of our brave young president as he fights against nefarious unseen forces.

Uh-huh.

It would behoove such accusers to consider the words of George Washington University law professor Jonathan Turley, no right wing nut and an often public supporter of this administration, while he was testifying, under oath, to a house committee looking into the Presidents actions, specifically those that bypass Congress.

Turley was asked by Rep Bob Goodlatte (R-VA) how Obama’s “unilateral modification” of laws passed by Congress “affect both the balance of power between the political branches and the liberty interests of the American people”; Turley’s response was telling:

“The danger is quite severe. The problem with what the president is doing is that he’s not simply posing a danger to the constitutional system. He’s becoming the very danger the Constitution was designed to avoid. That is the concentration of power in every single branch.

The significance of that statement cannot be overstated.

For those who may argue the point, or continue to assault the Madison Conservative as reactionary, it is critical to understand exactly what the powers and authorities are, relative to a President of the United States.

To wit, from our august governing document:

Article II

Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section. 3.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section. 4.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

The Reid Political Cowardice

The cure for the evils of democracy is more democracy!

H. L. Mencken, Notes on Democracy, 1926

{ed. note: in observance of the Thanksgiving holiday, there will be no post next week. We will return in two weeks. Happy Thanksgiving & Happy Hanukkah to all}

Senator Harry Reid, the majority leader of the Senate, and with the duplicity of a sufficient number of Democratic Senators, consciously chose to pervert the United States Constitution this week, acting on nothing more than political expediency and politicalcowardice.

The cynical and short sighted decision by Reid to change the filibuster rules in the Senate from a 60 vote requirement to a simple majority was not, as so many pundits incorrectly asserted, a question of constitutionality.

The rules of the Senate are just that – the rules of the Senate.

What Reid did do, at the bidding and behest of President Obama, was to disregard the wisdom and intent of the framers and the founders of the United States Constitution.

The matter all arose due to the Republican minority choosing to block judicial appointments on the belief that the intended appointees were too liberal.

The question of whether such choices are either right or wrong is not the issue at hand; such actions are their right and responsibility under Article 2, Section 2 of the Constitution.

Consider the relevant excerpt from that august document:

“He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States…”

The key words here are ‘advice and consent’.

What Reid and the President have done is to remove the advice part and gone right to the rubber stamp of a simple majority consent.

The ability to change the rules of the Senate on such a political whim means that should the recalcitrant Republicans choose to impede any legislative actions requested by the president, the cowardly Reid can change the rules again to assure passage of the bill at hand.

The choice to enact the so-called ‘nuclear option’ is not a new gambit – indeed the Republicans threatened to do the same thing during the administration of President Bush.

Of course, at that time, a freshman senator named Barack Obama rose to speak on the floor of the senate to warn that such actions would be the ‘tyranny of the majority’.

At the same time, then minority leader Reis called such proposals to be ‘un-American’.

And hypocrisy reigns freely from Washington.

The reasons Reid chose to change the rules centered on judicial appointments.

The President is a democrat – the Senate is led by a majority of Democrats. They are now free to appoint people to the judiciary that agree with and have shown a proclivity to imposing liberal legislation from the bench.

In short, the President is attempting to control the executive, legislative and judiciary branches of government under a single individual –himself.

The namesake of this blog, James Madison, had an opinion on such attempts, and his wisdom speaks to the nation he helped found over 200 years later:

To wit:

“The accumulation of all powers, Legislative, Executive, and Judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

150 Years and counting...

The cure for the evils of democracy is more democracy!

H. L. Mencken, Notes on Democracy, 1926

This Tuesday will mark the 150^th anniversary of President Lincolns’ Gettysburg Address.

At a time when the current administration is demonstrating an almost contemptuous belief in their superiority to the United States Constitution, it is fitting to take a moment and remind ourselves as a nation of the greatness of America.

While not a governing document, Abraham Lincoln in some 278 words beautifully encapsulated the dreams of Americans, and the need for America to continue as the founders and framers had hoped.

Please take a moment to re-read the address, and to consider it in the context of the current political realities that exist in Washington D.C. today.

To wit:

Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we can not dedicate -- we can not consecrate -- we can not hallow -- this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth.

Non sibi sed patriae - 2013

The cure for the evils of democracy is more democracy!

H. L. Mencken, Notes on Democracy, 1926

Monday is Veterans Day, and the Madison Conservative is proud to reprint an earlier post focused on our veterans. It is especially relevant this year as the politics of pettiness forced the closure of monuments honoring our vets.

This is not an easy argument to make, but one that must be made and understood by the American electorate.

To wit, the earlier post:

http://www.woundedwarriorproject.org/

At a time when the body politic is abuzz over peripheral issue nonsense it is perhaps a fitting time to turn our attention to a matter of true national importance.

To wit:

There are many worthy charities that need to be supported by the public at large. There is currently running a series of commercials promoting the cause of the Wounded Warrior Project. The one that created the impetus for this blog post featured Trace Adkins.

http://www.woundedwarriorproject.org/

The charity is focused solely on helping returning disabled veterans and their families cope with the adjustments inherent with a disability coupled with the stresses related to the rigors of war inflicted upon the mind and body of our returning veterans.

The website address is being repeated throughout this blog to show support and solidarity with their intended mission.

That being said, and speaking as a United States Navy veteran, the fact that this organization was created out of a need to fill a void should be an embarrassment upon the military bureaucracy specifically entrusted with the care of our veterans, and should be an outrage to the electorate at large.

It is a disgrace that in the United Sates of America our veterans need to have an organization outside of the military ask for funds to help with their transition back to civilian life, to say nothing of asking for financial support to aid in their adaptive needs for a war inflicted disability.

http://www.woundedwarriorproject.org/

There is constant dialogue throughout the nation that we must “support the troops even if we disagree with the mission”, one of the hard learned lessons at the expense of our Vietnam War veterans: a true national disgrace whose wounds we are hopefully beginning to heal by acknowledging the treatment of those particular veterans and doing all we can to guarantee that such treatment of our military is never repeatIt is crucial to understand that there is absolutely not one infinitesimal bit of daylight between the Madison Conservative and the wonderful folks at the Wounded Warrior Project.

The issue here is that there should never be a need for the private sector to provide anything of substantive necessity for our veterans and their needs when they return from battle. The men and women of our all voluntary military provide the protection and safety that allows us to become enraptured with the absurdities of any number of inconsequential matters, such as the current national political electoral theater.

The members of our armed forces choose to fill the role of protector, and their families bear the emotional and financial burdens of that decision. They should never be placed in the position of having to ask  any private enterprise for help in providing whatever support – physical, emotional or financial – the veteran and their family may need as they acclimate back to a civilian life  while coping with a injury suffered in defense of American liberty and freedom.

http://www.woundedwarriorproject.org/

If we break the explicit and implicit social contract with our soldiers, seamen, marines and airmen, America will no longer be the home of the brave and land of the free.

We will be too busy having telethons to raise money for guns, and asking corporations to help with a ‘buy a bullet’ campaign.

The Wounded Warrior Project is truly a charity that speaks to our higher ideals; but it should fall onto the American people through the military bureaucracy to insure that no veteran should ever need to ask a private entity for help.

We as a people are better than that.

http://www.woundedwarriorproject.org/

Non sibi sed patriae

The Obama Executive Order Power Grab Overreach

The cure for the evils of democracy is more democracy!

H. L. Mencken, Notes on Democracy, 1926

There are often popularly head misunderstood powers in each branch of government, with aggrieved parties clamoring that any given action is unconstitutional.

This is indeed the case where ‘executive orders’ are concerned. There is no language contained anywhere within the United States Constitution regarding executive orders.

A brief review of such presidential actions is perhaps appropriate.

There are two ways that presidents can enact initiatives without congressional approval. Presidents may issue a proclamation, often ceremonial in nature, such as naming a day in honor of someone or something that has contributed to American society. A president may also issue an executive order, which has the full effect of law and is directed to federal agencies that are charged with carrying out the order. Examples include Franklin D. Roosevelt's executive order for the internment of Japanese-Americans after the attack on Pearl Harbor, Harry Truman's integration of the armed forces and Dwight Eisenhower's order to integrate the nation's schools.

Congress cannot directly vote to override an executive order in the way they can a veto. Instead, Congress must pass a bill canceling or changing the order in a manner they see fit. The president will typically veto that bill, and then Congress can try to override the veto of that second bill. The Supreme Court can also declare an executive order to be unconstitutional.

Congressional cancellation of an order is extremely rare.

Executive Orders have two main functions: to modify how an executive branch department or agency does its job (rule change) or to modify existing law, if such authority has been granted to the President by Congress. The average president issues 58 EO's a year. As of March 13, 1936, all EO's must be published in the Federal Register.

What most in the electorate do not know is that an executive order can be retracted by a subsequent administration with the same stroke of the pen that cr4eated it.

With that understanding, it is nevertheless beyong troubling that President Obama has attempted a massive power grab overreach with an executive order posted this week.

Consider the following compendium of news stories on the subject and reflect on the marvel of brilliance that the framers and founders bestowed upon their new nation in a Constitution that limited the power of the federal government.

In addition, the Madison Conservative will address the topic of what is now euphemistically called ‘climate change’ in a later post, but the idiocy and vapid hysterics of imbeciles on the left who claim that ‘a consensus of scientists’ now maintain that we are the cause of said climate change forget a funsdamental rule of science.

There is never a ‘consensus’ of science – it is either true or false. To hear the lack of intellectual heft on this point is staggering, but also what drives the actions taken by a president who opts to ignore both science and our governing document.

To wit:

Through the stroke of a pen, President Obama on Friday used his executive powers to elevate and take control of climate change policies in an attempt to streamline sustainability initiatives – and potentially skirt legislative oversight and push a federal agenda on states.

The executive order establishes a task force of state and local officials to advise the administration on how to respond to severe storms, wildfires, droughts and other potential impacts of climate change. The task force includes governors of seven states — all Democrats — and the Republican governor of Guam, a U.S. territory. Fourteen mayors and two other local leaders also will serve on the task force.

All but three of those appointed are Democrats. The task force will look at federal money spent on roads, bridges, flood control and other projects. It ultimately will recommend how structures can be made more resilient to the effects of climate change, such as rising sea levels and warming temperatures.

“We're going to need to get prepared.  And that’s why this plan will also protect critical sectors of our economy and prepare the United States for the impacts of climate change that we cannot avoid,” Obama said last June, when he first launched a Climate Action Plan.

“States and cities across the country are already taking it upon themselves to get ready… And we’ll partner with communities seeking help to prepare for droughts and floods, reduce the risk of wildfires, protect the dunes and wetlands that pull double duty as green space and as natural storm barriers.”

The White House added in Friday’s statement that even as the United States acts to curb carbon pollution, officials also need to improve how states and communities respond to extreme weather events like last year’s Superstorm Sandy. Building codes must be updated to address climate impacts and infrastructure needs to be made more resilient.

Critics of the order charge, among other things, that it groups together everything from forest fires to heavy rains as evidence of climate change - despite scientific testimony from both sides of the debate.

“The devil is in the details,” a former senior government official said earlier this month, referring to a recently released study that proposed the streamlining between federal and state agencies. “Who gets to decide what sustainability is? Or what its outcome means?”

The chair of the study, Thomas Graedel, a professor of chemical engineering, geology and geophysics, and currently head of the Center for Industrial Ecology at Yale University, said at the time of its release that the study “provides encouragement for parts of the government to get together on projects of concern. There is no formula for how it all works out.”

Officials for the EPA released a statement on Friday afternoon praising the order, saying it will be vital in their attempts to help local-level communities “adapt to a changing climate.”

“To meet our mission of protecting public health and the environment, EPA must help communities adapt to a changing climate,” EPA Administrator Gina McCarthy said in the statement. “These Implementation Plans offer a roadmap for agency work to meet that responsibility, while carrying out President Obama’s goal of preparing the country for climate-related challenges.”

But critics say the order has the potential to do much more, including:

•  Hold back money to communities unless they meet new standards on various items and agendas set by the federal government. For example, using new policies that will encourage communities to rebuild to pre-disaster standards instead of stronger ones.

•  A possible mandate to bring sweeping new changes to land use and resource policies.

•  More control and refocus of climate change data and use of it to push a new agenda into every priority of the federal government.

•  Create the need for a new internal organization for coordination efforts during a government sequestration and possible future shutdowns.

The task force includes Govs. Jerry Brown of California, Jay Inslee of Washington and Neil Abercrombie of Hawaii, as well as Delaware Gov. Jack Markell, Maryland Gov. Martin O'Malley, Vermont Gov. Peter Shumlin and Illinois Gov. Pat Quinn. The panel also includes several big-city mayors, including Los Angeles Mayor Eric Garcetti, Philadelphia Mayor Michael Nutter and Houston Mayor Annise Parker. All three are Democrats.

The task force builds on efforts Obama announced for his Climate Action Plan last June, which include the first-ever limits on climate pollution from new and existing power plants.

The plan is intended to reduce domestic carbon dioxide emissions by 17 percent between 2005 and 2020. The plan also would boost renewable energy production on federal lands, increase efficiency standards and prepare communities to deal with higher temperatures. The 12 hottest years on record all have occurred in the past 15 years.

Climate change skeptics, as well as scientists, argue there is no proven link between extreme events and global warming. Indeed, Roger Pielke, Jr., a professor of environmental studies at the Center for Science and Technology Policy Research who has called for climate mitigation, argued recently that -- heat waves aside -- there is little evidence for an increase in extreme events themselves.

Others find small links between climate change and some specific natural disasters, saying storms like Sandy were worsened by rising sea levels. But for other events, notably droughts and downfalls, there’s no evidence of a global warming effect.

A Sept. 2012 editorial in the prestigious journal Nature urged caution in drawing any such connection: “Better models are needed before exceptional events can be reliably linked to global warming.”

 “The impacts of climate change — including an increase in prolonged periods of excessively high temperatures, more heavy downpours, an increase in wildfires, more severe droughts, permafrost thawing, ocean acidification and sea-level rise — are already affecting communities, natural resources, ecosystems, economies and public health across the nation,” the presidential order said. “The federal government must build on recent progress and pursue new strategies to improve the nation’s preparedness and resilience.”

There’s no estimate of how much the additional planning will cost. Natural disasters including Superstorm Sandy cost the U.S. economy more than $100 billion in 2012, according to the administration.

At a speech at Georgetown University in June, Mr. Obama outlined executive actions he would take to require government and private industry to prepare for the effects of climate change.

“The question is not whether we need to act,” Mr. Obama said at the time. “The question is whether we will have the courage to act before it’s too late.”

The Hatred Spewed by Grayson

The cure for the evils of democracy is more democracy!

H. L. Mencken, Notes on Democracy, 1926

The problem of racial bigotry stems primarily from voluntary ignorance and intentional stupidity. It is the coward who seizes on our differences as a people to divide us for their own sick needs and political purposes.

It is one thing when an imbecile like Kanye West makes statements that the reason New Orleans suffered as it did post-Katrina was because President George W. Bush hated black folks.

That sort of asinine comment can be easily dismissed for the lack of intellectual heft it shows.

It is another situation, one that should concern the electorate, when a sitting member of the United States House of Representatives chooses to spew hatred and ignorance and many take him seriously.

The media derision that has been pointed in the Congressman’s’ direction was muted, but what was commented upon opted out of presenting the facts.

Truth is always a proper response to hatred and stupidity.

Before presenting a compendium of media stories on the subject at hand, a refresher course in some specific facts of United States history.

The President who fought and won the Civil War, the president who signed the Emancipation Proclamation was Abraham Lincoln.

He was a Republican.

The rise of the Ku Klux Klan during the post Civil War era of Reconstruction was engineered by southerners who did not want equality in any manner for the former slaves.

The Klan was a creation of Southern Democrats.

The West Virginia Senator who served for 51 years and was lauded as a giant in Senate history was Robert Byrd.

He was a Democrat.

He was a member of the Klan.

The Civil Rights Act of 1964 was a landmark piece of legislation that attempted to resolve many of the issues related to segregation. A recap of the voting on that law might be in order:

The bill was voted on by 420 members -- 290 in favor, 130 opposed. Republicans voted in favor 138-34, and Democrats voted 152-96 in support. Democrats from northern states voted in favor 141- 4 and southern-state Democrats opposed the bill 92-11.

The point here is that Republicans have a strong history supporting equal rights, and it is the Democrats who have the questionable past of race hatred.

Why is this information of consequence?

Consider the following collection of news stories about a current member of the House and his ignorance and his race hatred.

It is a lesson that the American people should well note.

To wit:

Rep. Alan Grayson (D-Fla.) used an image of a burning cross in an email slamming the tea party, comparing groups involved in the movement to the Ku Klux Klan.

Grayson first made the comparison between the tea party and the KKK in an interview with MSNBC's Al Sharpton on Oct. 17.

"They want their money back and they want the tea party out of their lives," Grayson said. "At this point, the tea party is no more popular than the Klan."

Grayson is standing by his comparison.

"[T]here is overwhelming evidence that the Tea Party is the home of bigotry and discrimination in America today, just as the KKK was for an earlier generation," he said in a statement provided to HuffPost. "If the hood fits, wear it."

Grayson's comparison is not novel. Professors Matt Barretto and Christopher Parker  make a similar case. "The authors argue that this isn't the first time a segment of American society has perceived the American way of life as under siege," the book's blurb reads. "In fact, movements of this kind often appear when some individuals believe that 'American' values are under threat by rapid social changes. Drawing connections between the Tea Party and right-wing reactionary movements of the past, including the Ku Klux Klan, Parker and Barreto develop a framework that transcends the Tea Party to shed light on its current and future consequences.

.Rep. Alan Grayson (D-Fla.) continued to stand by his recent comparison of the tea party to the Ku Klux Klan on Friday, during an MSNBC interview that ended with him accusing host Martin Bashir of "collaborating" with the conservative movement and its alleged racism.

Grayson began by defending a fundraising email that included an image of a burning cross that formed the "t" in "tea party." When Bashir pushed back, suggesting that Grayson may have taken his analogy too far, especially considering that the tea party hasn't actually lynched anybody, the outspoken Florida Democrat turned on the host.

“Do you think that racism is the same as calling out racism? Do you think that my effort to end racism in America is somehow analogous to racism itself? That’s ridiculous,” Grayson shot back at Bashir, who has himself made a habit of attacking the tea party for racially motivated attacks on President Barack Obama.

Grayson then suggested that Bashir was complicit in the tea party's supposed racism, in part because he'd questioned the appropriateness of the congressman's campaign email.

“The point I’m making is that if you don’t speak out against it, then in effect, you’re collaborating with it,” he said. “And, in fact, if you give someone like me a hard time for speaking out against it, then maybe you’re collaborating with it.”

Representative Alan Grayson should consider another line of work.

Mr. Beale - The Face of Bureaucracy ?

The cure for the evils of democracy is more democracy!

H. L. Mencken, Notes on Democracy, 1926

Amidst all of the hysteria and political hyperbole of the recent fiscal nonsense, there occurred something that neatly encapsulates why America feels as it does about those in Washington D.C. who have been entrusted with the guidance of this nation.

There are indeed issues to be discussed relative to the recent actions of Congress & the President over the partial government shutdown. Sadly, all that truly happened is a delay of the entire fiasco – it will return after the first of the year, so there is time for the Madison Conservative to address those subjects.

However, sometimes absurdity is a perfect salve for the wounds of politics.

Consider this following headline:

A former federal official refused to testify before a House committee Tuesday. Invokes Fifth Amendment right

That healine does not do justice to the story. In a time when the political class was meandering on about ‘essential’ and ‘non-essential’ government workers, there was one who was indeed ‘non-essential’. This one person in no way should be considered to encapsulate the normal government employee, but he does do a magnificent job of portraying the general belief of the American electorate about who is minding the store.

Here’s is a part of an opening speech given by the ranking Democrat on the committee, Rep. Elijah Cummings (MD). The first part of his commentary relates to how the Republicans forced the shut-down and generally are to blame for the woes of the planet, but then he got to the point. It is a classic, and would be delightfunny if it were not true.

To wit:

With that said, let me turn to today’s hearing.

I want to begin by thanking Inspector General

Elkins and his deputy, Patrick Sullivan,

In addition, I want to acknowledge the role of Administrator McCarthy in finally revealing this fraud, which lasted decades. I know we will discuss the Inspector General’s concerns about how quickly his office received a referral, but I believe the IG will agree that had it not been for Administrator McCarthy, this fraud may never have been uncovered.

Mr. Beale’s betrayal of the public trust for his own personal enrichment is truly shocking in its scope, duration, and sheer audacity.

Mr. Beale defrauded the Environmental Protection

Agency for decades—under both Republican and Democratic administrations—by claiming he was a covert operative for the CIA.

One senior EPA official during the Bush Administration actually approved Mr. Beale’s request to work offsite one day a week so he could participate in an “inter-agency, special advisory group working on a project with the Directorate of Operations at the CIA.”

This was no ordinary ruse.

In addition to lying to senior EPA officials across multiple

administrations, Mr. Beale also duped his own family members, his friends, and even his own lawyer.

Mr. Beale did not come clean to his own criminal defense attorney until investigators arranged for a meeting at CIA headquarters in Langley, Virginia, in order to finally confront him about his lies.

But that’s not all Mr. Beale lied about.

According to the Inspector General, Mr. Beale also lied about contracting malaria and serving in Vietnam —all to obtain a handicapped parking spot. Mr. Beale also lied on travel vouchers about where he was going and why he needed to go there so he could visit his family in California.

Simply put, Mr. Beale was a con artist, and the American taxpayers were his mark.

As public servants, we must always remember that we serve the people.

Mr. Beale flouted one of the most basic tenets of government service — it’s not your money, it’s the taxpayers’ money.

Mr. Beale’s actions are an insult to the thousands of hardworking and dedicated public servants across the country and an insult to our CIA agents around the world.

While Mr. Beale was claiming to work at Langley and pretending to go on secret missions overseas, real intelligence agents were hunting down Osama bin Laden and battling al Qaeda in the most dangerous places in the world.

Mr. Beale’s impersonation of a CIA agent forced our nation’s law enforcement and intelligence officials to spend their scarce time and resources uncovering his fraud instead of combating real threats around the globe.

This is truly reprehensible.

I am gratified that justice has been served and that Mr. Beale will pay for his fraud.

Affordable Care Act - Update - 10/13/13

The cure for the evils of democracy is more democracy!

H. L. Mencken, Notes on Democracy, 1926

The Affordable Care Act, a/k/a ObamaCare, is an assault on the fundamental structure of this nation and an affront to the basic tenets of the United States Constitution.

The Supreme Court has, in the estimation of The Madison Conservative, decided the constitutionality of this legislation incorrectly.

There are those on the liberal left who shriek that it is the law of the land and thus must be enacted. All well and good, but given that the President has somehow unilaterally decided by some form of personal fiat to delay certain parts of the law, it is thus not the law that was passed, and should be addressed with that understanding.

The administration has chosen to lie to the American electorate about the reality of the Affordable Care Act, and the Madison Conservative wishes to demonstrate anecdotally just how unconstitutional the law is, how bold faced a lie the President has told, and why it is a threat to this nation.

The following compilation of news articles are presented here in a compressed and edited form – to do otherwise would require as much print as the act itself.

To wit:

The Kentucky Obamacare marketplace has no “expectation of privacy,” warning its prospective customers that their information can be monitored and shared with government bureaucrats.

When clicking “let’s get started” on the state-run health insurance marketplace “kynect,” the user is quickly prompted to a

“WARNING NOTICE.”

“This is a government computer system and is the property of the Commonwealth of Kentucky,” it states. “It is for authorized use only regardless of time of day, location or method of access. “

“Users (authorized or unauthorized) have no explicit or implicit expectation of privacy,” the disclaimer reads. “Any or all uses of this system and all files on the system may be intercepted, monitored, recorded, copied, audited, inspected, and disclosed to authorized state government and law enforcement personnel, as well as authorized officials of other agencies, both domestic and foreign.”

Such information includes Social Security numbers. When calling kynect to enroll in the marketplace a person is told to have their Social Security card, immigration status, pay stubs, alimony payments, student loan information, and current health insurance information at the ready.

The kynect disclaimer says users information can be shared at the will of state government agencies.

“By using this system,” the warning states, “the user consents to such at the discretion of the Commonwealth of Kentucky.”

“Unauthorized or improper use of this system may result in administrative disciplinary action and/or civil and criminal penalties,” it says. “The unauthorized disclosure of Data containing privacy or health data may result in criminal penalties under Federal authority.”

A spokesperson for kynect called the disclaimer “problematic,” and said it was a mistake.

“The disclaimer is a federal requirement intended to let all who come on the website know this is a governmental entity and sensitive information is contained within,” said Gwenda Bond, assistant communications director for the Kentucky Cabinet for Health and Family Services, told the Washington Free Beacon.

“While the language sounds severe, it actually is a warning to those who might try to inappropriately use the website or any personal information contained within,” she said. “We appreciate you bringing this to our attention, and we are working to modify the language so the message is more clear.”

Bond said kynect will update its website to read: “This website is the property of the Kentucky Health Benefit Exchange. This is to notify you that you are only authorized to use this site, or any information accessed through this site, for its intended purpose of assisting individuals, employers or employees in the selection or purchase of health plans or other benefits.”

“Unauthorized access or disclosure of personal and confidential information may be punishable by fines under state and federal law. Unauthorized access to this website or access in excess of your authorization may also be criminally punishable. The Commonwealth of Kentucky and the Kentucky Health Benefit Exchange follow applicable federal and state guidelines to protect information from misuse or unauthorized access.”

Problems with the health insurance exchanges since their launch on Tuesday have been widespread, with reports of long wait times, glitches, and security concerns, with the disclosure of over 2,000 Social Security numbers in Minnesota.

And now a strory about how real people are being affected by the monstrosity that is ObamaCare.

Cindy Vinson and Tom Waschura are big believers in the Affordable Care Act. They vote independent and are proud to say they helped elect and re-elect President Barack Obama.

Yet, like many other Bay Area residents who pay for their own medical insurance, they were floored last week when they opened their bills: Their policies were being replaced with pricier plans that conform to all the requirements of the new health care law.

Vinson, of San Jose, will pay $1,800 more a year for an individual policy, while Waschura, of Portola Valley, will cough up almost $10,000 more for insurance for his family of four.

And does this sound familiar?

Maryland's Health Connection, the state's Obamacare marketplace, has been plagued by delays in the first days of open enrollment.  If users are able to endure long page-loading delays, they are presented with the website's privacy policy, a ubiquitous fine-print feature on websites that often go unread. Nevertheless, users are asked to check off a box that they agree to the terms.

The policy contains many standard statements about information automatically collected regarding Internet browsers and IP addresses, temporary "cookies" used by the site, and website accessibility.  However, at least two conditions may give some users pause before proceeding.

The first is regarding personal information submitted with an application for those users who follow through on the sign up process all the way to the end.  The policy states that all information to help in applying for coverage and even for making a payment will be kept strictly confidential and only be used to carry out the function of the marketplace.  There is, however, an exception: "[W]e may share information provided in your application with the appropriate authorities for law enforcement and audit activities."  Here is the entire paragraph from the policy the includes the exception:

Should you decide to apply for health coverage through Maryland Health Connection, the information you supply in your application will be used to determine whether you are eligible for health and dental coverage offered through Maryland Health Connection and for insurance affordability programs. It also may be used to assist you in making a payment for the insurance plan you select, and for related automated reminders or other activities permitted by law.  We will preserve the privacy of personal records and protect confidential or privileged information in full accordance with federal and State law. We will not sell your information to others.  Any information that you provide to us in your application will be used only to carry out the functions of Maryland Health Connection.

The only exception to this policy is that we may share information provided in your application with the appropriate authorities for law enforcement and audit activities.

The site does not specify if "appropriate authorities" refers only to state authorities or if it could include the federal government, as well.  Neither is there any detail on what type of law enforcement and/or audit activities would justify the release of the personal information, or who exactly is authorized to make such a determination.  An email to the Maryland Health Connection's media contact seeking clarification has not yet been answered.

The second privacy term that may prompt caution by users relates to email communications.  The policy reads:

If you send us an e-mail, we use the information you send us to respond to your inquiry. E-mail correspondence may become a public record. As a public record, your correspondence could be disclosed to other parties upon their request in accordance with Maryland’s Public Information Act.

Since emails to the marketplace could conceivably involve private matters regarding finances, health history, and other sensitive issues, the fact that such information could be made part of the "public record" could prevent users from being as free with their information than they might otherwise be.  However, as noted, any requests for such emails would still be subject to Maryland's Public Information Act which contains certain exceptions to the disclosure rules.

And thus a tyranny is born.