Elena Kagan Unfit for a Seat on the Supreme Court!

by Richard H. Frank

After enduring hours of political theatre with the unending statements of praise for Obama’s latest nominee for the vacancy on the Supreme Court, we finally got an insight on what drives Elena Kagan.  I am sure Ms. Kagan is an exceptionally smart individual and by all accounts relatively easy to get along with.

What should raise suspicion and generate questions by the Senate Judiciary Committee are the words used in her opening statement that seem to shed some light on her judicial philosophy.  She described the Supreme Court as a “wondrous institution that also must be a modest one – properly deferential to the decisions of the American people and their elected representatives.” Somewhere along the way, she seems to have missed the principle that members of the Court are deferential to the  Constitution of the United States of America.

Her remarks concerning her White House experience are of equal concern when she stated in part “The Supreme Court, of course, has the responsibility of ensuring that our  Government never oversteps its proper bounds or violates the rights of individuals.  But the Court must also recognize the limits on itself and respect the choices made by the American People.”

The American people do not make law – their elected representatives do – and those laws must conform to the “Constitution” which is the ultimate law of the land.  Further, the Constitution is explicit with regard to the powers delegated to the various branches of Government.  She was remiss in not enumerating those limits on Government during her opening statement.  This fact leads one to believe she holds a Progressive view of a living Constitution contrary to that of the Founding Fathers.

Her reference to “lessons learned” while at Harvard is quite revealing.  She said “…and what I’ve learned most is that no one has a monopoly on truth or wisdom and I’ve learned that we make progress by listening to each other, across every apparent political or ideological divide.  I’ve learned that we can come close to getting things right when we approach every person and every issue with an open mind.  And I’ve learned the value of a habit that Justice Stevens wrote about more than 50 years ago … of “understanding before disagreeing.”

These are statements we might expect from an academic,  not a Supreme Court Justice!

Lastly, she stated “I will make no pledge this week other  than this one… that if confirmed, I will remember and abide by all of these lessens.”

The pledge every American should hear from Elena Kagan is that she will “preserve, protect and defend the Constitution of the United States of America.  Anything less should disqualify her from consideration.

The Progressive’s Plan to Make America a Third World Nation

by Richard H. Frank

Unless you have had the opportunity to travel for extended periods of time to Asia, South America, Europe and the Indian continents, you may not really appreciate the definition of a “third world nation.”  In most countries located on these continents a “middle class society” is non-existent.  The gap in the standard of living between these countries and the United States is unimaginable unless you have seen and experienced it with your own eyes.  The access and availability to the basics for survival, including clothing, food and shelter presents a stark contrast between the “haves” and “have not” members of these societies.  Should a citizen in these countries be fortunate enough to have a job in Government or the Military, they are considered and identified as “middle class.”  In most instances, these individuals are not property owners, have not experienced higher education and rely heavily upon Government-administered programs as a basis for their standard of living.  Welfare recipients in the United States appreciate a higher standard of living than does the average citizen in many of the third world countries.

So what has made the difference between the United States and Third World Nations?  I believe the answer is “The Constitution” and our “free enterprise system,” as well as “limited central Government.”  Over the past 100 years all of these foundations of our Nation have been under an unrelenting attack by the liberal Progressive Movement in America.  Education, rewriting history and removing God from our schools was the initial assault upon our liberty.  the establishment of unfunded entitlements, government pensions, nationalization of private enterprise, the nation’s resources and uncontrolled spending have taxed the nation’s private sector to the breaking point.  Central planning with redistribution of wealth is the current initiative within our Federal Government and is the next step to elimination of the middle class in America and making us a third world nation.

The tipping point was exceeded when Government employment exceeded the private sector earlier this year.  Government produces nothing while incurring costs in the form of taxes, fees and assessments imposed upon the private sector.  Over time, Government, like a snake eating its own tail, will eventually devour itself.  When that process is complete we will be left with a third world nation oppressed by a tyrannical Government controlling every aspect of our lives.

There is still time to stop this slide into tyranny by returning to the principles that made America the greatest nation in history. Preserve, protect and defend the Constitution.  Advance the principles of the free enterprise system and insist  that Government return to the balance of powers prescribed in the Constitution.  Assure that the size and scope of the Federal Government is limited to that described in Article I, Section 8 and Article II, Section 2 of the Constitution.

“Not an Option, but an Obligation!”

By: Richard H. Frank

The President’s statement upon relieving General McChrystal from command of the forces in Afghanistan was exactly correct and has ramifications that reach far beyond the alleged statements revealed in the Rolling Stone article. Certainly the General and his staff were well aware of their oath as officers in the military and the explicit terms contained within the “Uniform Code of Military Justice.”  We may never know what prompted the alleged criticism of Obama, Biden and the Pentagon staff by the General and  his team but it is not beyond belief that “Rules of Engagement,” and availability of resources to conduct the Afghanistan mission are the underlying factors with the military’s discontent with the Administration. All this being said, McChrystal and his staff chose the wrong time and place to vent their discontent and were rightly relieved of command.

“Not an option, but an obligation” applies equally to President Obama and his Administration as it does to the military.  Obama’s blatant position not to enforce “existing immigration law” rises every bit to the level of obligation as does the alleged McChrystal statements.  If insubordination is sufficient to remove a General from his command, dereliction of duty by the President should constitute grounds for impeachment.  Unfortunately, the Democratically-controlled Congress would never institute such action against Obama since his refusal to enforce the law and secure our borders does not meet with his agenda to force amnesty for illegals as part of “comprehensive immigration reform.”  His actions amount to blackmail and verge upon being a “high crime and misdemeanor” while an obvious disregard to uphold his oath of the Office of the President of the United States.

To date, President Obama has mastered the “art of insulation” by using his Administration, Secretaries and Czars to implement his agenda.  The most recent example is Secretary of Interior Salazar attempting to circumvent the Federal Judge’s decision lifting the moratorium on oil production in the Gulf of Mexico.  Should Salazar and Obama succeed, unemployment will surge and energy prices will soar and create a burden upon every American family.  Those that are so naive as to believe that BP is going to reimburse the Gulf Oil workers for this moratorium are in for a shock.  Continued vilification by the Administration of BP will ultimately result in their declaration of bankruptcy of BP America with the only losers being “We the People.”  Every action taken by the Obama Administration makes his motives more suspect with the ultimate result being nationalization of this country’s energy industry.

To date, we have seen banking, Wall Street, insurance, health care and the automotive industries fall prey to Obama’s Marxist ideology.  He and his Administration have set their sights upon the communications industry and the internet with regulations designed to silence all opposition and effectively make the First Amendment to our Constitution irrelevant.  If we are to remain a Representative Republic, we must insist upon Government adhering to the  Constitution as written.  To date, the liberal progressives have neutered the Tenth Amendment, extended the powers of the Executive Branch beyond those explicit in the Constitution and are continuing their assault upon the First and Second Amendments.  Lest we stand up against this shift in Government towards tyranny in the 2010 and 2012 elections we may be relegated to remembering America that was as a legend or a fairy tale.  Adhering to the Constitution by government is “Not an Option, But an Obligation!”

From One of Alan Simpson’s “Lesser People”

by Jayne D. Frank
Media coverage and discussion of what is going on behind closed doors with Obama’s Commission on Fiscal Responsibility and Reform is deafening.   If you do a search on the internet, the only lone reporter covering the comings and goings of its members is Alex Lawson and he put forth a rather striking, and very telling 8 minute YouTube video of the Commission’s Chairman, Alan Simpson.  In the video, Simpson calls Medicare Recipients the “Lesser People.”
Is that right, Mr. Simpson?  My husband and I have had “real” jobs all of our careers, some 40 years apiece on average, paying huge taxes all the time so that you could stay on the dole all of these years, voting yourself a yearly raise with our money, and voting to spend our Medicare Trust Fund away on other Government programs.  And you have the guts to call us the “Lesser People?”
Now it is reported that you are out of money to do the rest of your work and make it to December.  Allocated a hefty $500,000, you say you cannot finish within budget because you wanted to get out of Washington to do field interviews and can’t live within your budget.  No wonder the government is in so much trouble.  How about a novel idea?  Bring people in who are experts in their area, and stay in Washington and do your job?  There are hundreds of great economists who would gladly come to Washington at their own expense and provide you with advice as to how to reduce our huge deficit, but the problem is that you wouldn’t listen to them and neither will your Boss.
Heritage.org also gave you free advice to solve our problems:
  • Move Toward Historical Levels of Taxes and Spending
  • Bring Long-Term Solvency to Social Security and Medicare and Reform Medicaid
  • Reopen the Health Care Law
  • Offer Specific Spending Reforms, Not Just Numerical Targets
  • No New Taxes or Tax Increase
  • Bring Budget Transparency

People should be outraged and calling for your removal from this Commission for your scurrilous comments about Medicare recipients and your inability to stay within your Budget. And we have words for you also, Mr. Obama:  No More Executive Orders giving the Commission additional funds.


by Richard H. Frank

The Democratic Congress and President Obama need to consider changing their slogan from “Change you can believe in” to FUBAR.  This acronym, familiar to most Americans that have or are serving in the military, aptly describes the damage inflicted by our President and the 111th Congress on our Nation in just 18 short months.  For those readers unfamiliar with the term it translates in polite language to “fouled up beyond all recognition.”

Only in America could the public be influenced through soaring rhetoric and a complicit  media to elect a totally inexperienced, unqualified, arrogant and completely narcissistic individual to the Office of the President of the Untied States.  For those of us that listened carefully to what President Obama said during his campaign for the Presidency, all the code words were there exposing his socialist agenda.

Now after 18 months of living with his incompetent administration, he has exposed himself to the American electorate for the neophyte community organizer that he really is.  Every initiative he has championed has moved this nation in the direction of becoming a European-type socialist democracy.  We all need to remember the Founders established our Constitution so that we would remain a “Representative Republic” with strict control over the central (Federal)  Government as the means to secure and keep our liberty. The Founders abhorred socialism and had tried to make it unconstitutional. Samuel Adams pointed out that to adopt socialism, respect  and support for the traditional Constitution had to be eroded and emasculated. Obama by his own admission views the Constitution as seriously flawed and will not hesitate to appoint Judges with socialists leanings in applying the Constitution.

Given the opportunity, Obama and the liberal Democrats would gladly suspend our written Constitution in favor of a European parliamentary form of Government and thus achieve their statist objective to exercise control over each and every facet of America’s life and liberty.  Obama no longer hides his agenda for redistribution of wealth through his continued assault upon the free enterprise system.  He and his Administration are the enemy of business and will continue to impose regulation and taxation until they have destroyed all incentive in the marketplace to succeed.

There seems little doubt among economists that the policies of “too big to fail,” “bailouts” and “unending deficit spending” have all failed.  Yet we see Vice President Joe Biden stand before the White House Press Corps extolling the virtues and magnificent success at creating or saving 2.6 million jobs during this extended recession.  With 15 million unemployed individuals in this Country, how long can the Administration continue to defend their policies before the citizens and the media revolt?  I expect the revolt will become evident on November 3, 2010.

With regard to National Security, Unemployment, Energy, Health Care and Cap and Trade, President Obama’s agenda is evident and runs counter to the expectations of the people.  Redistribution of our national wealth without regard to the consequences for our children and grandchildren seems to be all that matters to this President.

What some observers characterize as political rhetoric I prefer to call what it actually is – Lies!  Lies to cover up for the incompetence of an Administration; lies to further a political ideology; lies to convince America that the President is a leader who takes the appropriate time to measure a situation before rendering a decision or proposing a solution.

The truth has been evident for months and apparent in the delay for a decision on General McCrystal’s request for additional troops to be sent to Afghanistan. Evident in his stubborn resistence to controlling illegal immigration under the guise of seeking comprehensive reform.  Evident in the recurring missed deadlines set for imposing sanctions on Iran, and a foreign policy that refuses to declare extremist Islam as our enemy.

America recognizes real leadership and Obama does not meet the requirement to lead the greatest nation in the world. When he encounters opposition to his policies he reverts to threats, intimidation and bullying and calls it leadership. I call it Chicago politics. Just how much more damage can he and his administration do while in office remains to be seen. In the interim his policies , agenda and administration can only be defined with one word. FUBAR!

Let’s Get Real About The Gulf Oil Facts

by Jayne D. Frank

No one wants to look at the facts about this tragic disaster.  If you really analyze the facts, you cannot place 100% blame on BP because:

1.  BP was drilling in deep water because the Government will not permit drilling in closer waters, thereby raising the risk of accidents.

2.  BP was drilling in Federal waters, regulated by the Federal Government, with Permits given by the Federal Government.  The Fed agencies had the responsibility also to see that BP was complying in every way with the permits given.

3.  President Obama went into the White House meeting with  BP Management and said, as reported today, “Either you put up the $20 billion in an escrow account to pay for damages, or I will take it from you.”  If this is true, this is entirely unconstitutional as the Government does not have this authority.  BP had already decided to allocate the $20 billion, but the Government wanted it to look like it was their idea.  The American public is not stupid and we are also keenly aware that the Federal Government has no track record of not touching money that should be set aside (i.e., the social security trust fund) and that they will indeed divert these funds for their own agenda items such as health care implementation.  Who is going to be watching the “watchers?”

4.  If you paid any attention to what BP said yesterday, they did not put $20 billion cash into a fund; $5 billion up front, secured by assets, with $5 payment each year thereafter.

5.   The Government continues not to waive the Jones law and get more vessels to help; yesterday, several barges that the Governor had employed to vacuum oil out of the Gulf were completely stopped in their work for several hours because the  Government wanted to check whether life vests and fire extinguishers were onboard.

6.   The 6-month moratorium of any offshore drilling is potentially more devastating to the Gulf region and other parts of the U.S. than anything BP could have done because of the loss of jobs caused by oil companies potentially leaving and drilling off other countries which are more business friendly.

Every one needs to step back and look at the facts and not get pulled into the understandable emotionalism that the oil spill brought about.

Number One Priority Only Worth 45 Minutes!

by Richard H. Frank

The President’s latest photo-op shows him meeting with BP Executive Management in what is being touted as his historic accomplishment in that BP has created a $20 billion trust fund to satisfy legitimate claims against the oil producer resulting from the Gulf of Mexico leak, to be paid in $5 billion/year increments, secured by American assets.

The White House and the media are quick to hype the meeting which lasted four hours.  The President, in fact, spent only 45 minutes in the meeting or approximately 19% of the negotiations.  With a crisis of this magnitude and described by Obama as his Number One Priority, spending 45 minutes seems highly inadequate and is obviously more “show” than substance.

I expect British Petroleum had established their plan and position before attending the meeting.  Now that the commitment has been made, it is time for our President to  show real leadership and take the initiative to free up resources for the containment and clean-up operations.  The time has long since passed for him to issue a waiver of the 1920 Jones law and allow help from foreign vessels to assist in the clean-up in the Gulf.  He needs to rethink his strategy with regard to the moratorium on offshore oil production pending his commission identifying the cause of the accident on the Horizon Platform.  The real cause of the explosion and resulting leak may never be known.  Does he intend to keep the moratorium in place indefinitely while the oil companies, who are in business to make money and produce oil, make plans to move offshore to other countries where they can do business?

Additionally, as we approach Day 60 of the oil leak, there has been no indication that the Obama Administration has assisted BP in their efforts to stop the leak.  There has been no indication that the Administration is moving to eliminate the never-ending bureaucratic red tape delaying containment and clean-up activity.  Instead, the threats, claims of criminal action, investigations and demonizing big oil continue with the added twist of his push for new legislation (cap and trade) indicating that we have serious limited energy reserves in this Country. In fact, the latest estimates are that the United States energy reserves are far in excess of those in Saudi Arabia and the Far East combined.   His claim of limited resources is untrue and constitutes another push for his socialist agenda just as with the health care legislation jammed down the throat of every American.