No Chit Sherlock: Where have YOU Been?

Like most Americans who are fighting for the American way of life when I come on line there is one site that always comes up, the Drudge Report.

While scanning the headlines, I came across a link to a story that made me choke on my coffee.

Unfortunately, I wasn't thinking at the time and didn't copy the headline for farther use, BUT will attempt to paraphrase from memory, “Schlafly: TPP means Congress abdicates authority”. Now, if I didn't get it exactly right, sorry, I'm sure Drudge or someone will correct me.

Now, in all due respect to Ms Schlafly, who from what I have read is a very smart and talented writer, BUT I must ask her, “No chit Sherlock, where have you been?” Congress (as well as the states) has unconstitutionally been abdicating its authority for over a century and NOW people are complaining.

First things first

Let's take a look at the Constitution, you know the document that is suppose to tell the federal government what it CAN do, as opposed to the first ten amendments, The Bill of Rights, which tells the federal government what it can not do.

Article II, Section 2, Clause 1 says:

“...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...”

I fully understand that there is no single man elected to the office of president who does not need advice from “experts” in their fields, except maybe Obama, to govern this great country. But does this clause mean that a department within executive branch can control by regulations, NOT laws passed by congress, commerce and just about all aspects of American's freedom and life.

So what did/does congress do instead doing their duty as defined by the Constitution, they unconstitutionally turn their “powers” over to the executive branch by either passing laws or establishing cabinet posts.

Antiquities Act of 1906

This act gave the President of the United States (POTUS) the authority, by presidential proclamation, to restrict the use of public land owned by the federal government.

The key word is owned, did or has the Federal government paid any state or did any state's legislature give its consent for this land to be taken or was it seized on the whim of the President with consent of congress in order to give federal government control over mineral, including oil and gas, exploration and production? As stated in Article 1, Section 8, Clause 17.

“...and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;...” (My emphasis)

Or was this an early attempt for the “Abolition of property in land and application of all rents of land to public purposes.” (Page 26) or maybe “The extension of the public domain to include mines, quarries, oil wells, forests and water power.” (Page 376).

Federal Communication Commission

Take a look at Article 1, Section 8, Clause 3, which clearly says:

“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”

Once again people need to ask, does this clause say that congress can abdicate this power to the executive branch?

As with the Antiquities Act of 1906, congress willfully violated the Constitution to establish the Federal Communication Commission (FCC) in 1934 to take over the duties that were handled by the Interstate Commerce Commission “to regulate interstate communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia and U.S. territories” by working towards “six goals in the areas of broadband, competition, the spectrum, the media, public safety and homeland security.”

The key words, in my opinion, is regulate interstate. Is this NOT the responsibility of Congress or is this a subtle way to establish “The collective ownership of railroads, telegraphs, telephones, steamship lines and all other means of social transportation and communication.” (Page 376)

There are some who will say, “This was passed under FDR and was needed because of the 'Depression'.”

Would someone please explain to me how government control of radio, telephone, radio and telegraphs (at that time in history) would help America to recover from the Depression.

Let's fast forward, this same FCC has and is working very hard to seize control of the internet through “Net Neutrality”. Again, where in the Constitution does a department within the executive branch have the right to regulate what a privately owned business can or cannot do?

Where in the Constitution does it give an agency, not even a Cabinet post to regulate international trade and or treaty? Is this not the jobs of the House and Senate?

Take the out of control EPA.

The EPA was established in 1970 to protect human health and the environment by writing and enforcing regulations based on laws passed by Congress.

The Clean Air Act of 1970, was established to protect both public health and public welfare by regulating the emission of air pollutants that could be (my emphasis) hazardous to the health of the Earth. The law set the National Ambient Air Quality Standards in each state and continues to monitor the air quality through these standards.

Now, like all Americans, I know the need for clean air, but by passing this law it, in my opinion, allowed congress and the states to turn over their control of interstate and intrastate commerce to an agency headed by an unelected official, who is not even a cabinet head.

Later in 1972 congress passed the Clean Water Act in order to regulate the water quality standards. This includes navigable waters and any connecting water, including coastal waters, lakes, rivers, streams and wetlands and now mud puddles.

Again, congress and the states unconstitutionally abdicated their right and duties as defined by the Constitution to the executive branch.

These are just a few of instances where Congress and the States have basically violated the Constitution in favor of a centralized government. (SPOILER ALERT! On going in depth project research on this in work for posting later)

So I have to say to Kevin L. Kearns of the U.S. Business and Industry Council and M's Schlafly, who are calling the TPP “another power grab” and pointing out the abdication of congressional powers to the executive branch.....

No Chit Sherlocks: Where have YOU Been? 

Semper Fi!

Further information can be found in:

Undermining the Constitution by Thomas James Norton

The Federalist

Federalist No. 9 - The Utility of the Union as a Safeguard against Domestic Faction and Insurrection, page 38

Federalist No. 47 - The meaning of the maxim, which requires a separation of the departments of power, examined and ascertained, pages 249 – 55

Federalist No. 51 - The same subject continued, with the same view, and concluded, pages 267–72

Federalist No. 66 - A further view of the constitution of the senate, in relation to its capacity, as a court for the trial of impeachments, pages 342– 44 

Federalist No. 71 - Concerning the constitution of the president: a gross attempt to misrepresent this part of the plan detected, page 371

Federalist No. 73 - The same view continued, in relation to the provision concerning support, and the power of the negative, pages 379 – 384

Federalist No. 75 - The same view continued, in relation to the power of making treaties, pages 387–90

Federalist No. 78 - A view of the constitution of the judicial department in relation to the tenure of good behaviour [sic], pages 402–408

Federalist No. 81 - A further view of the judicial department, in relation to the distribution of its authority, pages 418–419

V.A. Reform Bill - Is the Cure Worse Than the Illness?

Editor's Note: As I was writing this and it was being edited by my friend and partner in crime, Igor, the bill was passed and the "duty experts" analysed the final bill but no one even mention the most important thing with healthcare, the providers...OM 

As the Critters rush to get a Veteran’s Administration reform bill before they flee the District of Corruption for their much deserved and hard-earned five week vacation, Fox News reports “Lawmakers to announce tentative deal on bill to overhaul troubled VA”. Needless to say I’ll bet that many will heave a sigh of relief and say, “Finally, the veterans are getting their “just due”, the Critters are finally doing something.” But are they?

In typical D.C. tradition, let’s replace the head of the V.A. with a businessman, not with a retired career military officer or senior Non-Commissioned Officer. Someone who basically KNOWS the true needs of a veteran. Granted, the nominee did spend five years in the Army, BUT in my not so humble opinion five years does not give anyone enough experience to know the needs of today’s veterans. But, he is a businessman, so he “knows” how to straighten out the system, JUST as all previous heads of the V.A. Yes, they did give him the authority to fire SENIOR ADMINISTRATORS with a 21 day appeal process, but as we all know, there are many times where the actual workers will not do their job and in some cases, the supervisor doesn't know about it or worse yet will cover it up by ignoring it. I work for a government agency and see it daily and when one draws it to the attention of the powers that be, it is ignored. NOTHING CHANGES. The fraud goes on.

Just as typical, the Senate, House and even the White House want to throw more money at the problem as if more money for newer buildings, hiring new doctors and other healthcare professionals would make a difference. HOWEVER, if those doctors and healthcare professionals come from those discharged honorably from the military, this will help with the unemployment rate among veterans. (According to 2013 data, Among the 722,000 unemployed veterans in 2013, 60 percent were age 45 and over. Thirty-five percent were age 25 to 44, and 5 percent were age 18 to 24.). Hiring veterans to help veterans would, in my opinion, improve service. After all, the military, thus the Vets have a better different work ethic, better attitude and know the military culture much better then most civilians.

Now, let’s talk about money being spent to allow Veterans to go outside the V.A. system IF there is an unusually long wait time for a Vet to be seen or if the Vet lives live more then 40 miles from a V.A. facility.

YES, it is a great idea and plan, BUT will the government be willing to pay full price for care given by civilian doctors and hospitals? Or will the Federal government want to seek a method where part of the payment is borne by the state, like they do with MEDICAID [Federal Medical Assistance Percentage (FMAP) which varies by state based on criteria such as per capita income. The regular average state FMAP is 57%, but ranges from 50% in wealthier states up to 75% in states with lower per capita incomes (the maximum regular FMAP is 82 %).]

Maybe the Federal Government will want to make it like another “money saving program”, MEDICARE, where the Federal government pays approximately 80% of the total cost.

Or maybe, the Federal Government will eventually just decide to dump all the Veterans on the Federal Medical Exchange and make Veterans buy insurance and give the veterans subsidies.

Either way, by allowing Veterans to seek medical care outside the V.A. system MAY be a good thing BUT, and I know there is always a but, considering there are 6,616,963 total patients in the V.A. Healthcare system in FY 2014  and lets say 10% of these patients need to seek medical services outside the V.A. system, that will be 661,690 patients added to what is fast becoming an overburdened health system, thanks to Obamacare.

As Obamacare fully takes full effect in the next 12 to 18 months, it will not only add more than 30 million people, (I can't really say Americans because we don't know how many illegals will be included in the healthcare system) but it’s numerous provisions will soon alter the cost of health insurance, medical treatment, and prescription drugs. It will also affect the type and quality of healthcare available in the near future and very possibility the ability to get in to see a doctor (any healthcare provider, for that matter) of your choice.

Experts are predicting that this tsunami of new patients may very well cause a doctor and nurse shortage. A study has found that up to 40% of doctors are leaving the profession due to the overbearing and punitive regulations.

As these doctors and maybe other health care professionals leave the healthcare system, simple common sense, something lacking in D.C. and unfortunately the general population, should tell a person that if you loose 40% of the doctors and add 661,690 patients with a variety of injuries and illness not normally found in the civilian world, there is a possibility that once again veterans will face long delays which once again could result in life threatening conditions and long waits.

Finally, something that should really have people wondering. HAS ANYONE even thought that with $10 billion in emergency spending available for veterans who can’t get prompt appointments with V.A. doctors or live more than forty miles from a V.A. facility (Just who is to determine this and how long WILL IT TAKE...OM). JUST who will manage these funds and insure that there is some accountability? $10 billion dollars is a lot of money for most Americans, but for the critters, its just a drop in the bucket of overwhelming debt and like all “emergency funding” is there ever any accountability? Just look at the Porkulus money spent on the not so shovel ready jobs, the money for the B.P. oil spill, and of course the money authorized for hurricane Sandy. Is there any anyway to prevent fraud?

I am not even implying that the veterans would willfully commit fraud; they have more honor than that, BUT what about the heath care professionals and of course the government? Just look at Medicare and Medicaid.

“The acute problems of waste, fraud, and abuse in Medicare and Medicaid are not a consequence of fee-for-service payment or any other particular design feature; they are a consequence of government. All economic endeavors involve the risks of waste, fraud, and abuse. But these problems are endemic to government for the simple reason that government spends other people’s money, and nobody spends other people’s money as carefully as they spend their own. The only way to eliminate waste, fraud, and abuse in a governmental activity is to eliminate that activity.”(Or the various unconstitutional Government agencies...OM)

Now, am I happy to see that the Critters HAVE FINALLY DONE SOMETHING for my Brothers and Sisters, DEFINITELY! BUT knowing the history of the problems within the V.A. system, I have to wonder will this really do any good? Along with that, I have to ask a number of questions and pray others will ask the Critters as well.

Is this another one of those bills that we’ll have to read to find out what’s in it?

Was this bill rushed so that the Critters can go home and say, “Vote for me. I care about the Vets, I voted for the money to reform V.A.”? (Note: While blog was in editing, Montel Williams appeared on Cavuto show 30 July, and mentioned the same thing and in the same interview, said that he has been speaking out about the V.A. for seven weeks. “SIR! In all due respect, WHAT TOOK YOU SO DAMN LONG and WHY NOW?”)

As far as the Critters are concerned, I feel that maybe, just maybe, the passage of the V.A. Reform bill answers the questions I've been asking, “WHAT TOOK SO LONG?” and “WHY NOW?”

It took so long because Congress and the sheeple just didn't give a damn and as the Critters face reelection with very low poll ratings, the Critters who are in danger of losing their power, have once again pulled out the “Sunday go to meeting suit” and once again using Veterans to win an election.

For the Glenn Beck (Who wants to have 9-12 a day of service for Veterans, WHY NOT EVERYDAY?...OM), Sean Hannity, Montel Williams, other talking heads and the American sheeple, “WHAT TOOK SO LONG?” and “WHY NOW?” and now an additional question “WILL YOU FOLLOW UP TO ENSURE THERE IS REAL REFORM?”.

What do you think? Please let me know!

Semper Fi!