Tag Archives: government overreach

What Has Happened To Our Freedom?

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On Saturday, The New York Post posted an article about the euthanizing of a squirrel in New York State. Normally, an article like that would not be important, but there are some details about this event that are disturbing.

The article reports:

An upstate man whose beloved squirrel was cruelly killed by the state said he was treated like a “terrorist” when 10 government agents descended on his home during a five-hour raid.

Mark Longo, whose pet P’nut captured the hearts of 3 million social media users, was stunned when a convoy of vehicles carrying officials from the state departments of Environmental Conservation and Health arrived at his Pine City home Wednesday.

That squirrel was treated more harshly than the illegal aliens in New York City who are routinely robbing stores, assaulting people, and operating drug and human trafficking rings. The argument that they had to kill the squirrel to test for rabies is bogus–he was an indoor squirrel! If they were that concerned about rabies, why didn’t they contact a local vet and ask him to design a rabies shot for squirrels. This whole story is an example of horrendous government overreach.

The article reports:

“They treated me like I was a terrorist. They treated this raid as if I was a drug dealer. They ransacked my house for five hours,” Longo (Mark Longo) told The Post Saturday.

“They asked my wife, who is of German descent, what her immigration status was. They asked if I had cameras in my house. They wouldn’t allow me to go to the bathroom without a police escort, who then checked the back of the toilet to see if I was hiding anything there.”

But worse than all of that, they delivered his gray fur baby to its death.

The state claimed it had to euthanize both animals Friday so that they could be tested for rabies — because the squirrel sunk its teeth into the hand of an official during the disturbing raid. The test results are not yet known.

Longo noted that the officials were wearing thick gloves and that the biting story is unlikely.

The article notes:

Longo explained it is illegal to house a squirrel and raccoon, but he didn’t have the “heart” to keep them outside.

Would it also be illegal if a child rescued a rabbit whose mother had been killed? This is ridiculous.

The article concludes:

“Everything else our government looks the other way on as far as illegal immigrants but then come down on someone harboring a squirrel,” said state Senator Thomas O’Mara. “It just highlights the priorities of the government we have in New York State, frankly. It’s disturbing and we need answers from both the state DEC and the Chemung County department of Health.”

Ken Girardin, research director at the conservative watchdog Empire Center for Public Policy, said that the raid that ultimately led to Peanut’s death demonstrates how the DEC is “arguably the most powerful state agency.”

“They have sweeping authority that, as this case shows, allows them to enter private homes and seize private property with what appears in this case to be questionable justification,” he said, adding, “Some of the blame falls on New York state lawmakers, who haven’t provided adequate oversight.”

Losing The Freedom To Feed Your Family

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On Friday, Townhall posted an article about an Amish farmer in Virginia who has personally experienced government overreach.

The article reports:

The firestorm of Big Government saber-rattling ignited in mid-June when an inspector with the Virginia Department of Agriculture (VDAC), without warning, paid the Fisher family a visit. To date, Fisher has no idea what could’ve prompted VDAC’s impromptu inspection on June 14, except “maybe they just finally found us through word of mouth,” the farmer speculated.

What was clear: The state sought to penalize Fisher for selling meat that was not processed by a USDA-inspected facility (U.S. Department of Agriculture). Fisher processes—an industry euphemism for butchering—his farm-raised meat on-site and sells it directly to his customers, feeding about 500 consumers and their families, who are part of a buying club. As members enrolled in the Golden Valley Farms program, they’re buying into the herd of 100% grass-fed golden Guernsey cows.

“They own part of the business. They own some of the herd,” Fisher explained. “My thinking was […] We can butcher their cows, process it, and sell it to them. I told the state all of this, but they said, ‘No, there’s no way around that. You can’t do that.’ They asked permission to get in here” to search the farm, which Fisher denied. “And, they told me, ‘We’ll be back,’ and left.”

The next day, on June 15, the VDAC inspector did, in fact, return, this time with a Cumberland County sheriff’s deputy to serve Fisher a search warrant. “They went through everything, house, every building, in the barn. They just raided through everything, put their nose in everything, and wanted to know every detail of everything. They went out back, trying to find all the failure they can find on a farm, which, of course, some of their stuff, which they think is wrong, is just normal stuff on a farm,” Fisher stated.

The article also notes:

“Anybody can go and raise animals for their own family to eat. That’s where I got to the point: He [the VDAC inspector] crossed the line, so I’m going to cross the line,” Fisher stated. “He crossed the line by telling me I cannot feed my own family with this meat. So, I decided I’m going to cross the line, I’m going to sell it. And that’s why I didn’t honor the state.”

This makes me wonder why the state did not even want his own family eating the animals they raised. Is the state going to start inspecting people’s vegetable gardens and taking their produce? This is ridiculous.

How To Stop Government Medical Overreach Regarding Covid

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On Thursday, David Horowitz at The Conservative Review posted a list of ten bills that would put an end to the government overreach that was part of the response to the Covid pandemic.

Here is the list:

1. Hold pharma executives liable for concealing info on vaccine safety

2. Ban health departments from issuing public health edicts that violate liberty

3. Block all federal public health edicts from enforcement within the state

4. Ban mRNA vaccines

5. Keep mRNA out of food and other products

6. Report vaccine injury

7. Ban vaccine status discrimination

8. Prohibit vaccines that did not undergo human trials

9. Unquestionable religious exemption from all vaccines

10. End abuse of emergency powers

Please follow the link above to read further details. I believe we all think that some of the actions taken during the pandemic were not scientifically based. Why were churches closed and casinos left open? Why were big box stores open and small businesses closed? The actions taken by our government during Covid resulted in the largest transfer of wealth in the history of America. The middle class got poorer and the elites got richer. The rules during the Covid pandemic were the dream of the Washington elites. Let’s not do that again.

Fighting Back

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Yesterday Trending Politics reported that 13 states are suing the Biden administration because of the clause in the Covid Relief Bill that prevents states from lowering taxes if they receive aid.

The article quotes The Daily Caller:

The Daily Caller reports: “The 13-state coalition argued that the provision included in the Democrats’ $1.9 trillion coronavirus relief package preventing states from cutting taxes if they accept relief from the federal government is unconstitutional. The coalition, led by Republican West Virginia Attorney General Patrick Morrisey, filed the federal lawsuit Wednesday evening in the U.S. District Court for the Northern District of Alabama.”

In a statement released on Wednesday, Morrisey said, “Never before has the federal government attempted such a complete takeover of state finances. We cannot stand for such overreach.”

…The lawsuit explains that the tax provision is “one of the most egregious power grabs” in U.S. history, adding that the Tenth Amendment doesn’t allow the federal government to stretch their authority like the Biden Administration is doing.

The lawsuit is needed. The provision in the bill is definitely government overreach.

Losing Our Constitutional Rights One At A Time

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As we celebrate Resurrection Day tomorrow, most of us won’t be gathered in our churches to celebrate. In some places we won’t even be able to do celebrations reminiscent of drive-in movies where we gather in our cars and listen to the sermon on our car radios (with the windows up even). That is an unnecessary restriction that some states have imposed and that the citizens of those states are tolerating. We really need to rethink this.

Meanwhile, The Washington Examiner reported yesterday that Governor Northam of Virginia has signed several pieces of gun control legislation into law.

The article reports:

Virginia Gov. Ralph Northam signed several pieces of gun control legislation into law, including mandating background checks on every gun sale, ordering reporting of lost and stolen firearms, and reinstating the state’s former one-handgun-purchase-a-month policy.

…Following Virginia Democrats’ takeover of both chambers of the state legislature in the 2019 elections, the party put forth a slew of gun control measures to be considered in the 2020 legislative session.

The signing of the slate of bills comes nearly three months following the rally of over 20,000 gun rights activists in the Virginia Capitol to protest the legislation. The gun laws will go into effect on July 1.

The article mentions two of the laws that did not pass:

Two major gun control bills, the assault weapons ban and magazine capacity limits, were proposed and debated while Virginia lawmakers were in session but, ultimately, failed to pass both chambers of the state legislature. However, supporters of the bills have advocated to bring them back in the next session.

Northam also proposed amendments to legislation currently being debated in the Virginia state legislature’s upper and lower chambers.

Senate Bill 35 and House Bill 421 would enable municipalities to regulate firearms in public buildings, parks, recreation centers, and during permitted events. Senate Bill 479 and House Bill 1,004 would bar individuals subject to protective orders from possessing firearms, require them to turn over their firearms within 24 hours, and would require them to certify to the court that the weapons were turned in.

The Second Amendment of the U.S. Constitution 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.

That right was put in there to protect Americans from an overreaching government.–not to make sure they could go hunting. We are at the point where government overreach is here. Hopefully the laws signed by the Governor will be overturned by the Supreme Court, but the laws like this need to be stopped long before they get to the Supreme Court. I am hopeful that the people of Virginia will embrace their history and remove this Governor from office in the next election.

A New Face

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The Washington Times reported on Thursday that Kathy Kraninger has been confirmed as the Director of the Consumer Financial Protection Bureau (CFPB) and will serve for the next five years.

The article concludes:

Meanwhile the CFPB is still facing major legal hurdles.

Some federal judges have ruled that by placing so much power — including an independent budget that Congress doesn’t control — in a single director, the CFPB violates the Constitution. But a ruling earlier this year by the full U.S. Circuit Court of Appeals for the District of Columbia upheld the singe-director structure.

Let’s take a look at the inception of the CFPB. The CFPB is the brainchild of Massachusetts Senator Elizabeth Warren. It was passed as part of the Dodd-Frank Act. The Dodd-Frank Act was Congress’ way of dealing with the housing bubble that caused the recession of 2008. However, the congressional solution was aimed at banks and Wall Street. It made no mention of the role that Congress had played in creating the housing crisis and made no effort to take responsibility for their actions or prevent a repeat of the problem.

In 1995 The Community Reinvestment Act (CRA) was changed, allowing Fannie Mae to purchase $2 billion of “My Community Mortgage” Loans, pilot vendors to customize affordable products for low and moderate income borrowers. Some of the things done to make the loans more affordable were low (or no) down payments and variable interest rates. Fannie Mae guarantees mortgages and then sells them to banks and investors. Banks were forced to issue sub-prime mortgages or pay large penalties. As more people took out mortgages, the price of houses rose quickly.  In 2005, 91 percent of Fannie Mae loans were variable rate loans. In 2004, 92 percent of Fannie Mae subprime loans were variable rate loans. Interest rates rose, gas prices increased, and people could not pay their mortgages. The subprime market collapsed, and foreclosures increased rapidly. Banks stopped making mortgage loans.

There were efforts made to stop this train. On September 11, 2003, The New York Times reported:

Bush administration today recommended the most significant regulatory overhaul in the housing finance industry since the savings and loan crisis a decade ago.

…a new agency would be created within the Treasury Department to assume supervision  on Fannie Mae and Freddie Mac, the government-sponsored companies that are the two largest players in the mortgage lending industry.

The Democrats opposed the reform. Barney Frank, a Democrat from Massachusetts, said that it would mean less affordable housing. Melvin Watt, a Democrat from North Carolina, said that it would limit the ability of poor families to get affordable housing.

In 2005, John McCain warned of a coming mortgage collapse. He sponsored S.190 (109th), Federal Housing Enterprise Regulatory Reform Act of 2005. The Democrats blocked it. It was again brought up and blocked in 2007.

Opensecrets.org lists campaign contributions to politicians. Fannie Mae gave generously to insure that it would not be regulated. Some Democrats and Fannie Mae executives had ‘sweetheart’ loans from mortgage companies that were heavily involved in sub-prime mortgages.

So where am I going with this? The housing bubble was created by bad legislation. Bad legislation continues. In August 2016, The New York Post reported:

The Obama administration is doing its best to give the nation another mortgage meltdown.

As Paul Sperry recently noted in The Post, Team Obama has pushed mortgage lenders to offer home loans to folks with shaky credit, setting up conditions for another housing-market collapse.

Wasn’t the last one bad enough?

Credit scores of approved borrowers, for example, have been trending down, even as their debt levels have grown.

The Federal Housing Administration and government-sponsored “independent” lenders Fannie Mae and Freddie Mac have been demanding lower credit standards — just as the feds did starting under President Bill Clinton, in pursuit of the same “affordable housing” goal.

Some borrowers need only put 3 percent down to get a Fannie Mae loan — even if the downpayment is a gift. Fannie also has started up a new subprime lending program.

The Office of the Comptroller of the Currency recently warned that mortgage underwriting standards have slipped and now reflect “broad trends similar to those experienced from 2005 through 2007, before the most recent financial crisis.”

The Consumer Financial Protection Board (and Dodd-Frank) were not related to the cause of the 2008 recession–the recession was the result of bad laws. Both the CFPB and Dodd-Frank need to go away. They are nothing but a blatant example of government overreach.

Reining In An Out Of Control Government

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Civil asset forfeiture has become a problem in America in recent years. I have written about a number of cases of forfeiture in recent years. Two of these stories are here and here.  Hot Air posted an article today citing what Florida has decided to do about this government abuse of power.

The article at Hot Air reports:

Some great news in asset forfeiture reform is coming out of Florida. S.B. 1044, approved by the legislature earlier in the month, was signed into law today by Gov. Rick Scott.

The big deal with this particular reform is that, in most cases, Florida police will actually have to arrest and charge a person with a crime before attempting to seize and keep their money and property under the state’s asset forfeiture laws. One of the major ways asset forfeiture gets abused is that it is frequently a “civil”, not criminal, process where police and prosecutors are able to take property without even charging somebody with a crime, let alone convicting them. This is how police are, for example, able to snatch cash from cars they’ve pulled over and claim they suspect the money was going to be used for drug trafficking without actually finding any drugs.

The civil asset forfeiture law was put into effect to allow municipalities to sell off the assets of criminals and use the money for municipal purposes. In order to trace drug money, a law was passed that any cash deposit of $10,000 or more had to be documented by the bank involved. This law was abused and used against small businesses that generally made cash deposits of less than $10,000. They were accused of making the small deposits to avoid the law, and their bank accounts were seized. A number of small businesses were forced out of business by these actions. Aside from the fact that that this is simply government overreach, it is also a violation of the Sixth Amendment.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Montana and New Mexico have already passed laws to curb the abuse of civil asset forfeiture laws. We need this trend to continue.

After They Are Done Destroying The Family, The Government Is Going To Destroy The Family Farm

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Clint Farm tractor

Image via Wikipedia

I did not grow up on a farm. I am not sure I have ever been on one (other than school trips and a friend who has a barn and various animals). However, I am aware that the food in the grocery store comes from farms–many of them family-owned. The attack on the family farm through the estate tax is obvious–many family farms are land-rich, but do not have the liquid assets to pay off estate taxes–many of those families have to sell the family farm to pay the estate taxes. Now there is a new attack on the family farm and the culture and work ethic it represents.

Townhall.com reports that a new sweeping set of rules proposed by Hilda Solis, Secretary of Labor, will change the dynamic on the family farm.

The article reports the proposed changes:

  • Prohibit children under 16 who are being paid from operating most power-driven equipment, including tractors and combines. Some student-learners would be exempted from the ban on operating tractors and other farm implements, but only if the equipment has rollover protection and seat belts.
  • Bar those under 18 from working at grain elevators, silos, feedlots and livestock auctions and from transporting raw farm materials.
  • Prevent youths 15 and younger from cultivating, curing and harvesting tobacco to prevent exposure to green tobacco sickness, which is caused by exposure to wet tobacco plants.
  • Prohibit youths from using electronic devices such as cellphones while operating power-driven equipment.

Solis believes that some farm work is “too hazardous for children to be engaged in.”  How she knows this is anyone’s guess since she apparently has never lived or worked on a farm, nor do we find any evidence that she has children of her own. 

My experience is that the children who grow up on farms learn a lot of things other than how to drive a tractor. They learn to contribute to a family business. They learn the value and satisfaction of a job well done. They learn a work ethic. Many of the jobs this law would prohibit those under 18 from doing are the jobs those children do to earn money to go to college. Parents are the best judge of what equipment their children are able to operate–not the government.

 

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Things That Happen In Washington That Seem Unimportant At The Time

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Spanish guitar (C.F.Martin)

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The United States Department of Agriculture (USDA) website reports the following about the Lacey Act:

The Lacey Act combats trafficking in “illegal” wildlife, fish, and plants. The 2008 Farm Bill (the Food, Conservation, and Energy Act of 2008), effective May 22, 2008, amended the Lacey Act by expanding its protection to a broader range of plants and plant products. The Lacey Act now, among other things, makes it unlawful, beginning December 15, 2008, to import certain plants and plant products without an import declaration. This page will serve as a clearinghouse for all information related to the implementation of the Lacey Act declaration requirement and will be updated promptly as new information becomes available.

That sounds pretty harmless; however, it is not.

Today’s Wall Street Journal reports on some rather unexpected consequences of that amendment process.

The article reports:

Federal agents swooped in on Gibson Guitar Wednesday, raiding factories and offices in Memphis and Nashville, seizing several pallets of wood, electronic files and guitars. The Feds are keeping mum, but in a statement yesterday Gibson’s chairman and CEO, Henry Juszkiewicz, defended his company’s manufacturing policies, accusing the Justice Department of bullying the company. “The wood the government seized Wednesday is from a Forest Stewardship Council certified supplier,” he said, suggesting the Feds are using the aggressive enforcement of overly broad laws to make the company cry uncle.

Good grief. The long arm of the law has gotten totally out of control. The article further reports:

If you are the lucky owner of a 1920s Martin guitar, it may well be made, in part, of Brazilian rosewood. Cross an international border with an instrument made of that now-restricted wood, and you better have correct and complete documentation proving the age of the instrument. Otherwise, you could lose it to a zealous customs agent—not to mention face fines and prosecution.

At a time when the unemployment rate hovers around 9 percent, the federal government is hassling a guitar manufacturer and musicians with classic instruments. What a total waste of time.

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Who Is Protecting Endangered Americans ?

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View On Black Bighorn sheep (Ovis canadensis) ...

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Lincoln Brown posted an article at Townhall.com today about the impact of the lack of common sense in the Endangered Species Act.

Mr. Brown points out:

Despite the good faith efforts of wildlife officials in the State of Utah, members of the public, and even that evil moustache twirler known as the Energy Industry to improve Sage Grouse habitat, the bird may find itself listed as endangered in other states.

The unfortunate aspect of that is if it is listed as endangered in oh say Wyoming, it then becomes endangered everywhere, no matter what mitigation steps have been taken to upgrades its quality of life in Utah.

I had a conversation with one our county commissioners last week. As it turns out,. Sage Grouse and three obscure plants are just tip of the iceberg. I have been told that over the next few years, we can expect another 500 new species to become endangered over the next few years.

I am not in favor of putting animals at risk for extinction, but I would like to see some common sense in establishing what animals are endangered and exactly where they are endangered. Mr. Brown points out that in the western part of our country the Fur Fins and Feathers group routinely moves groups of animals around to balance animal populations. Bison, antelope and bighorn sheep are routinely located from areas that are overpopulated to areas the are underpopulated. It’s called common sense.

The danger in the lack of common sense in the Endangered Species Act is that the misuse of the act may prevent America from using natural resources that can be used without endangering any animals. We need to protect animals that are truly in danger, but we do not need to endanger Americans in the process.

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