11 March 2013

Update no.586


Update from the Heartland
No.586
4.3.13 – 10.3.13
Blog version:  http://heartlandupdate.blogspot.com/
To all,

The follow-up news items:
-- All this nonsense about sequestration [585] is subterfuge and fretting about the façade.  The issue we should be debating and focusing on is tax reform, just as Speaker of the House John Boehner of Ohio said all those months ago [569, 577].  If we want to increase the contributions of those most able to contribute, then elimination of the tax breaks, incentives and loopholes that enable them to protect their income from the tax collector would be a very good start.
-- The conclave of the College of Cardinals has been set for the coming Tuesday to elect the successor to Pope Benedict XVI [583].  By the next Update, we may have a new pope.  Given the struggles of the Catholic Church, the selection could prove to be quite interesting.

Well, that was quite entertaining! 
            The Senate Intelligence Committee voted 12 to 3 to approve the nomination of John Owen Brennan as director of the Central Intelligence Agency on Tuesday, hours after the White House agreed to provide more information on the legal basis for targeted killings of Americans believed to pose a terrorist threat.
            Seeking not to be ignored, Senator Randal Howard “Rand” Paul of Kentucky decided to carry out an old-fashioned, Mr. Smith filibuster.  He was protesting against the potential use of armed drones inside the United States and maintained the floor for 13 hours until the call of nature got the better of him.  He claimed success as the Senate received a letter from the Attorney General stating that the president does not have the “authority to use a drone to kill an American not engaged in combat on American soil.” Shortly thereafter, the Senate voted 81-16-0-3(0) on the cloture motion to end debate.  The Senate then voted 63-34-0-3(0) on nomination number PN48 to confirm Brennan as the next Director Central Intelligence (DCI). 
            My first reaction to the Paul filibuster was one of disgust in that his action represented the gross dysfunction of Congress.  The confirmation process is one of qualification not protest.  Yet, at the end of the day, I am compelled to acknowledge the inner-workings and hidden mechanisms of senate procedure worked as it was intended to work, despite my opinion of Rand Paul.  I think what Paul did was wrong, yet I staunchly defend his right to do so, as he operated within the rules.

Sulaiman Abu Ghaith, 47, was arraigned in U.S. District Court for the Southern District of New York on a charge of conspiracy to commit terrorist acts.  He is a former teacher, preacher, the son-in-law of deceased, al-Qa’ida leader Usama bin Ladin, and one-time vociferous mouthpiece of the terrorist organization.  Ghaith reportedly fled Tora Bora in 2001, along with the al-Qa’ida leadership, and then moved from Pakistan to Iran where he was supposedly under house arrest for several years.  He was eventually released and moved to Turkey.  The Turks deported him to Jordan, where he was turned over to the FBI.  Our government apparently decided to treat him as a criminal rather than as an extra-national, battlefield combatant.
            I agree with Senator Lindsay Graham of South Carolina; bringing Ghaith to New York for criminal trial sets a terrible precedent given Ghaith’s contribution to the enemy’s war effort.  He is not an American citizen.  He is not even a citizen of another nation.  He is an extra-national enemy battlefield combatant and should be treated as such.  However, my opinion on such things does not matter squat.  The deed is done.  We shall have to endure a long and protracted public trial and the obscenity of his political statements of abuse, mistreatment and justification . . . that is unless he decides to plead guilty and claim martyrdom.

The Commerce Clause has been the primary tool used by the Federales to intrude upon private lives, affairs, and “Life, Liberty and pursuit of Happiness,” thus, my concern regarding the basis and evolution of the legal interpretation.  The constitutional authority grew from the failure of the Articles of Confederation and the negotiations of the Constitutional Convention.  
Article I, Section 8, Clause 3:
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”
The words of the Commerce Clause have remained the same since they were settled in 1787, however, the teeth of the Commerce Clause grew from the Supreme Court’s ruling in Gibbons v. Ogden [22 U.S. {9 Wheat.} 1 (1824)] that set the tone for subsequent and amplifying decisions.
            The story of Gibbons illustrates precisely why the Commerce Clause is essential and vital to the public welfare and the success of this Grand Republic. 
Thomas Gibbons operated the Stoudinger and the Bellona, steam-powered ferryboats, between Elizabethtown and other places in New Jersey, and New York City.  The State of New York passed legislation granting exclusive licensing authority to Robert R. Livingston and Robert Fulton for all watercraft powered by fire or steam to navigate the waters of the state.  Gibbons claimed his vessels were compliant with Federal licensing law [PL 2-II-008; 1 Stat. 305; 18.February.1793] and the state law violated the Commerce Clause of the Constitution.  To make matters worse, neighboring states passed retaliatory laws like Connecticut that prohibited any vessel holding a New York state license from entering its waters.
            Speaking for a unanimous Court, Chief Justice John Marshall declared the New York State law unconstitutional and extended the definition of commerce to include not just the exchange of goods and remuneration, but also the means to transportation including the movement on state navigable waterways.
            While I believe the later Court has extended the Commerce Clause too far, the Gibbons Court did exactly as the Constitution intended.  The freedom of commerce has been an essential, vital element in the success and power of this Grand Republic.  Just imagine if Thomas Gibbons had failed in his appeal, states might have enacted laws to protect intra-state commerce and essentially exclude inter-state commerce by requiring transfer of goods at state lines, or different gauge rails, or state transit fees, creating enormous commercial inefficiency solely for local gain.  I will argue that Gibbons enabled American economic energy and power.

News from the economic front:
-- The European Commission (EC) fined Microsoft €561M (US$733M) for breaking its commitment to offer millions of users of its Windows system a choice of rival Web browsers. The EC action made Microsoft the first company to break a voluntary EC agreement, which would have allowed 15 million European consumers to pick alternatives to its Internet Explorer browser.
-- Bank of Japan Governor Masaaki Shirakawa kept the central bank’s ¥101T asset-purchasing program unchanged, while leaving its key interest rate near zero.  The Financial Times [of London] reported that analysts had expected policymakers to hold off from further easing, especially January’s adoption of a 2% inflation target and a pledge to move to open-ended asset-purchases beginning next year. 
-- The U.S. Federal Reserve reported the net worth of American families rose by US$1.17T (1.8%) to US$66.07T in 4Q2012 – the highest level since 4Q2007, as rising home values and gains in stock holdings boosted household balance sheets.  The Great Recession began in December of 2007 and technically ended in June 2009, although I surmise many Americans would have a hard time recognizing the technical definition.  I wonder how they determine such personal information.
-- According to a Federal Reserve “stress test,” 17 of the 18 largest U.S. banks could weather a sharp economic downturn with adequate buffers against losses.  Goldman Sachs would likely lose US$20B in a financial crisis, making the bank one of the weakest in the industry and limits its ability to pay dividends. One smaller bank, Ally Financial Inc., scored lowest in one key measure, largely due to its association with troubled mortgage lender Residential Capital LLC.
-- The Labor Department reported the U.S. economy added 236,000 jobs in February –much stronger performance than expected – and the unemployment rate fell to 7.7%, the lowest in more than four years.

Comments and contributions from Update no.585:
“CMC's message to Marines about sequestration.  Well said.  I appreciate the common sense “Tamer” continues to display.”
S/F, Lew
CMC White Letter 1-13.pdf
My reply:
Lew,
            Spot on!  Semper Fidelis.
Cheers,
Cap
[PS: It seems the other service chiefs released similar letters to their personnel as a cautionary alert.]

Another contribution:
“I don't know if you're interested in astronomical events but this could be a big one. Get yourself and the youngsters out to a 'darksky' spot and educate the little ones and the big ones too! (Not explosive like the Russian meteor of last week).
“First sunshine of spring here [UK] today, what a relief.”
From spaceweather.com:
“NAKED-EYE COMET: Comet Pan-STARRS (C/2011 L4) is now inside the orbit of Mercury and it is brightening as it approaches the sun.  Observers in the southern hemisphere say the comet can be seen with the naked eye even through city lights.  Currently, it is about as bright as the stars of the Big Dipper (magnitude +2 to +3).  The comet could become even brighter when it moves into northern hemisphere skies in the second week of March.”
My response:
Peter,
            Indeed; always interested in space.  Thank you for the link.  I’ve not seen the comet yet, but I certainly will give it a look see.
Cheers,
Cap


My very best wishes to all.  Take care of yourselves and each other.
Cheers,
Cap                        :-)

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