Tuesday, February 07, 2012
Wednesday, February 01, 2012
Presidential Power and By-Passing Congress - A long Tradition
When President Bush did not re-hire some Attorney Generals after asking all of them to tender their resignations the national press was up in arms about him misusing his stated and authorized powers. Yet when President Obama did the same thing the current press did not even cover this same quadrennial process. This double standard is actually quite normal in American politics - but it misses the point that a President has a LOT of powers that is often never reported by The Press - the appointments that are made and the directives issued (or not issued) to all employees within the Executive Branch of Government.
By-passing Congress to accomplish a political goal and sometimes even implement a truly functional improvement in the USA is nothing new. President Truman by-passed Congress when he ORDERED the desegregation of the Military in 1947. As the Commander in Chief of the military he ordered it and they HAD to implement it - it was a direct order. It achieved a political goal prior to the 1948 campaign and it actually made it easier for the supply and personnel system within the Military. It eliminated having duplicate paths and redundancies to service two identical units with two sets of people in order to adhere to segregation policies.
President Obama has issued published Executive Orders to the Executive Branch to implement "green policies" in all Agencies by-passing Congress. Never reported. And of course when he first was elected over 3,000 political appointees were made to agencies within the Federal Government which is also normal. However, once these people are in place THEY in turn publish rules and regulations, granted under existing law, which can completely change the purpose of the law and how it now will affect people. Example: The Environmental Protection Agency (EPA) publishes a Notice for Proposed Rule Making, ask for comments from the public in out of the way places and never really advertises the notice, then it can publish the new rule in the Federal Register after the comment period, and 90 days later the "rule" is actually now a "law" and must be obeyed. This is where the true power of a President lies - getting agencies to publish new regulations or rescinding regulations and rules to change the whole nation effectively by-passing Congress completely – and legally.
Congress CAN override these regulations - by passing a bill and getting the President to sign it - but that can seldom be accomplished unless it REALLY affects a vast majority of people from all spectrums of life and people find out about it. Most rules published by Agencies affect very few people directly - loads of people indirectly - but when only a few people are affected they have no high numbers to get motivate to complain and get a larger following behind them to bombard Congress about it. You cannot complain to any agency since you have no standing with them. A law change affecting 500 people (or businesses) will not have the same impact as one affecting 5,000,000 people or a million businesses and thus will end up staying on the books.
The President can also order the US District Attorneys NOT to enforce laws - and/or direct them, as President Obama has done with one immigration issue, just put the enforcement as a "low" priority and thus effectively render the law he is sworn to enforce meaningless. The DA cannot refuse to follow his orders - he hired them and he can fire them - so they do. This is what President Obama has done with the problem of people crossing into the USA without getting the proper VISA or work permits. He has told the AGs of each area to just not prosecute those who crossed into the USA who have not been convicted of any violent crime, to just ignore them and leave them alone, even once discovered to be here illegally.
This is also done throughout the USA by those in charge of police departments - they take their cue from the President so they too implement policies to flout the laws they don't like by telling their city or state DAs to NOT bring charges against certain class of crimes. Often citing "cost savings" or it being a "victimless" or property crime that is not worth pursuing in order to prosecute for violent criminals. Whole cities now ignore Federal Immigration Laws using this method - which since a President can order it means that they can do it also. The President is certainly NOT going to order his DA to sue a city for ignoring a Federal law that he has ordered his own DAs to ignore!
The USA was founded upon the "rule of law" which is slowly being eroded from the top. Why would people want to obey ALL laws when they see that a President, State, City or Local government deliberately orders people to ignore laws that does not suite them - and get away with it.
Under our law system ONLY the Government can bring criminal charges against anyone - no individual can EVER bring a criminal case against anyone else. If the Government can pick and choose which laws to enforce and when, then eventually everyone will learn to ignore the laws they don't like. The only problem is that when an individual breaks a law the Government likes the individual WILL lose as compared to when a Government entity breaks a law that a higher government does not like nothing happens.
Any President can use these methods - it is all a matter of degree of how much they have abused this power and if once discovered what the press does to report it. President Obama seems to get a pass on doing all of these actions. People complained to Congress about SOPA and PIPA and they were stopped - yet the President signed an international "executive" agreement in October of 2011, really a treaty, implementing this same thing within the USA after secret negotiations - by-passing Congress again - and no complaints came from the Press Corps.
This is where the true power of a President lies.
Wednesday, November 02, 2011
Dumb users or Dump Computers Design?
Monday, October 24, 2011
Global Warming - It's all about Statistics
A new UC Berkley study reports (October 2011) that the Earth is getting warmer. The study has not been “peer reviewed” yet but since they are ALL using the same data as other research people it would not be surprising that they all come to the same conclusion!
A good scientific blind study requires using the same method but creating different test data and getting to the same conclusion. If every study uses the same test data then that is just not possible.
The issue about testing for global warming is that the data gathered is based on location AND the type of equipment used then "normalized" by some statistical (often proprietary) method to account for local and equipment variances and THEN is used to create a conclusion.
A weather "station" from 1830 records temperature by a person using "local" time by using a glass thermometer (and no way to know how accurate it was) is now at the "same" location of an automated station that is now inside a city which states that it is now 6 degrees warmer than the same date and time in 1830.
Heat islands, extra heat put into the air by loss of heat by buildings and extra absorbed heat by the buildings and which in turn heats up the surrounding air, is "calculated out" of what they EXPECT the actual temperature to be if there were no heat islands. They cannot actually use the recorded temperature because of this fact – it would knowingly show every city getting warmer and the surrounding countryside staying the same – because of humans being there!
The math used to calculate and then subtract the "extra" heat often is a problem.
You can see this easily on the east coast around DC. West of DC temp is 50, over DC 55 to 57, then along the
However, there were NO remote temp reporting stations in the middle of the US, Europe - anywhere in the world till around WW I when it become important enough to create stations to help in military operations. Of course in WW II due to air operations reporting stations were created around the whole world as well as aircraft reporting weather data. This is why cold and warm air masses are reported as "fronts" – it is derived from military combat terms.
Now you become suspect when they report as "fact" the temperatures back in 1700s, 1300s etc - they are guessing based on MODERN observation and projecting it onto past events (growth rings in trees for example).
And when they state they have never seen a glacier this small "since 1806" then HOW did it get that small in 1806?
The problem comes in that each person uses a different set of statistical methods, but the SAME sets of reporting stations, applies these to "normalize" them all to a standard, THEN comes a graph to show trends and makes a conclusion.
The problem is that NO ONE agrees on how to do any of those things.
If there were just 100 stations that reported temp all at the same TRUE time of day over 200 years - they all would be in cities by now and then you still would have the heat island effect to account for by people burning wood / coal in each house then and now gas heated / electric heated houses now (with some wood still).
No matter what is done the method they use to wipe out reporting errors, heat islands, time of day reporting etc this statistical problem will always exist as to definitively state that compared to year 0 (A.D.) the Earth is now 1 degree warmer than it was then.
Oh wait, the Earth is actually 1 degree colder than it was then – they still cannot grow grapes in
Thursday, October 20, 2011
IPhone 4Gs and The English Language
Over the last 50 years is the first time people MADE a decision NOT to learn English after getting here because the "intellectuals" have championed and promoted that people who come here should NOT learn our language at all in order to be American.
If people who had NO education from the wilds of Russia in 1910 who were dirt poor came here and by 1930 they spoke English and their kids spoke English by the time they were all surveyed in 1930 by the Census bureau - how in the world can someone say that people coming here in the 21st Century who all have at least 12 years of schooling are INCAPABLE of learning or having their kids learn because it is "too hard" and need special help to learn when NONE of those "special" classes were even though of in the 1910s?
They made a CHOICE of not wanting to learn English - so don't worry about them.
Monday, October 03, 2011
How Greece Can Become Part of Germany
Wednesday, September 14, 2011
How to Solve The Debt Ceiling Problem Easily
Greg: Rounded corners. Jared, I mean, once we have rounded corners it's utopia, right?
Jared: It absolutely is. I think the whole reason for the debt ceiling problem is because every chart that they show us has square corners.
Stephanie: Oh my gosh. We could solve so much.
Jared: Exactly.
http://www.uie.com/articles/snapshot_css3_html5
