Monday, January 03, 2011

The Obamunist Threat

2010: The Year the Internet Went to War

Regulatory fiat is the unilateral taking of legislative power by a regulatory agency that cannot legally exercise that power according to the Constitution. This new theory of progressive governance, which contradicts progressive rhetoric about “democracy”, is based on the ideas of Constitutional relativism which see the Constitution as a “responsive” document in which present meanings and definitions of words, and not the original intent, are the driving force.   [The Freedomist]

Via the Pitchfork Chronicles

This WIRED article missed the late breaking news about the UN  voting to staff a working group on the future of the Internet Governance Forum -- an important theater of discussion on matters of cyberspace -- by governments alone. It does however capture the Obamunist efforts along the same lines.  Which would be controlling what's said, and who says it.  Here's a few examples:

BUT WAIT!  DECEMBER 2010

FCC Chairman Julius Genachowski to federal appeals court: EFF-YOU!  Imposes net neutrality by fiat. Only one blog hangs him.
  ... an April federal appeals court decision that said the Federal Communications Commission had no power to enforce its principles of net neutrality, absent congressional authority. The ruling, by the U.S. Court of Appeals for the District of Columbia Circuit, came after Comcast appealed an FCC reprimand for having sabotaged its customers’ BitTorrent traffic.
Regulatory fiat is the unilateral taking of legislative power by a regulatory agency that cannot legally exercise that power according to the Constitution. This new theory of progressive governance, which contradicts progressive rhetoric about “democracy”, is based on the ideas of Constitutional relativism which see the Constitution as a “responsive” document in which present meanings and definitions of words, and not the original intent, are the driving force.
Ol' Blue Lips
Most important, the year 2010 witnessed a major milestone in a long-simmering fight for e-mail privacy.

The Cincinnati-based 6th U.S. Circuit Court of Appeals declared that the Fourth Amendment, regardless of what the 1986 Stored Communications Act said, protected Americans’ e-mail. It was one, all-too-rare case of rebuking the cliché that the law does not keep up with technology.
BUT WAIT!

The Barack Obama administration fought against the ruling. The decision, if it withstands Supreme Court scrutiny, means the authorities need a court warrant to access e-mail from mail providers.
I wanted to thrown in here a reminder that the EPA Moved to Unilaterally Impose Carbon Caps, but it was more than I can stand right now.  Sorry.  

thor

11 comments:

Anonymous said...

The Constitution makes no provision for any "regulatory agency". They are all unconstitutional. The legislative power is in the Congress, the Executive power is in the President. There is no mixed regulation power.

DougM said...

We're gonna need a fatter lip.
(Turing word: comet. Bon-Ami and Lysol will do, though, after these traitors are deposed.)

DougM said...

Personally, I don't see any constitutional authority for the Executive Branch to govern by regulations not enacted, word-for-word in law. Congress cannot cede its legislative powers.

Rodger the Real King of France said...

Of course all this is self evident, but at this stage can anyone promote the idea that it's possible to correct this misuse? Without the blood thing?

Anonymous said...

Of course Rodger. Pinochet is the only example of a country going from leftest hellhole to greater freedom. There should be some secret symbol citizens can display, like a white flag, expressing tacit support for a military takeover. the US military has no desire to rule the Country - I'd trust them to clean out and step down.

Anonymous said...

Under the Constitution the State Militias have the power to correct
a Federal Government gone bad.
The US miltary cannot interfere.

ron

Rodger the Real King of France said...

Excellent Idea.  HERE

Anonymous said...

"new theory of progressive governance" ???!?!?!

Not so new: the Shadow Gubbment of Regulatory Agencies has been running our lives for decades. Unassailable by any elected official -- even the very ones who created said Agencies, mind you.

e~C

Anonymous said...

Ron, I am happy to hear it. Could you please show me where? Not upset, just would like to see that myself and I might miss it if I didn't know what I am looking for.

Rodger the Real King of France said...

Ron may have more, but it must be noted that these days we are citing the constitution to people who clearly don't care what it says. Nevertheless, and I'm citing from this rather lengthy discussion:


Militias are also explicitly mentioned in the Second Amendment to the Constitution. That amendment states, "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." (CLIP)

"Although these provisions quite clearly indicate the mindset of the framers, a look at the arguments in the Federalist Papers further elucidates the theories at work.

B. The Constitutional Theory--"The Federalist Papers"

The authors of the Federalist Papers discuss militias and standing armies in several of the papers. These papers espouse two main arguments regarding these institutions and the requirement that both be present in the Constitution. (17) The first argument is that standing armies pose a threat to liberty, and that militias will serve as a bulwark to this threat. ..."

In the end, no people need a law that allows them to use force of arms to gain or preserve freedom; but they must accept the consequences.

Anonymous said...

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Article 1; Section 8 enumerates the
ONLY duties of the Congress. The above is one of the 23.

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