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		<title>Rand Paul: There’s a ‘Sickness’ in the Country</title>
		<link>http://www.boogai.net/headlines/rand-paul-there%e2%80%99s-a-%e2%80%98sickness%e2%80%99-in-the-country/</link>
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		<pubDate>Fri, 18 May 2012 03:22:07 +0000</pubDate>
		<dc:creator>Brian Ward</dc:creator>
				<category><![CDATA[Headlines]]></category>

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		<title>Lies My Textbooks Told Me: Judging Recent Supreme Court Justices</title>
		<link>http://www.boogai.net/top-story/lies-my-textbooks-told-me-judging-recent-supreme-court-justices/</link>
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		<pubDate>Fri, 18 May 2012 03:21:35 +0000</pubDate>
		<dc:creator>Brian Ward</dc:creator>
				<category><![CDATA[Top Story]]></category>

		<guid isPermaLink="false">http://www.boogai.net/?p=15864</guid>
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<p><a href="http://www.boogai.net/wp-content/uploads/2012/05/Supreme-Court1.jpg"><img class="alignleft size-thumbnail wp-image-15867" title="Supreme Court" src="http://www.boogai.net/wp-content/uploads/2012/05/Supreme-Court1-300x214.jpg" alt="" width="300" height="214" /></a><a href="http://www.boogai.net/wp-content/uploads/2012/05/Supreme-Court.jpg"></a></p>
<p>By <a href="http://www.mrc.org/author/paul-wilson-joe-and-betty-anderlik-fellow-culture-and-media">Paul Wilson, Joe and Betty Anderlik Fellow in Culture and Media</a></p>
<p>Perhaps it’s unrealistic to expect history text books to present and analyze events and epochs with complete objectivity. But it’s entirely reasonable to demand</p></div><p>&#8230;</p>]]></description>
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<p><a href="http://www.boogai.net/wp-content/uploads/2012/05/Supreme-Court1.jpg"><img class="alignleft size-thumbnail wp-image-15867" title="Supreme Court" src="http://www.boogai.net/wp-content/uploads/2012/05/Supreme-Court1-300x214.jpg" alt="" width="300" height="214" /></a><a href="http://www.boogai.net/wp-content/uploads/2012/05/Supreme-Court.jpg"></a></p>
<p>By <a href="http://www.mrc.org/author/paul-wilson-joe-and-betty-anderlik-fellow-culture-and-media">Paul Wilson, Joe and Betty Anderlik Fellow in Culture and Media</a></p>
<p>Perhaps it’s unrealistic to expect history text books to present and analyze events and epochs with complete objectivity. But it’s entirely reasonable to demand that they don’t actively reinforce the news media’s liberal bias when it comes to recent history and individuals who are still alive and active in shaping that history.</p>
<p>Yet commonly used American history textbooks have eschewed historical analysis when discussing recent Supreme Court justices, and in its place substituted partisan political commentary.<span id="more-15864"></span>The Culture and Media Institute (CMI), in its <a href="http://www.mrc.org/eye-culture/lies-my-textbooks-told-me-blowing-controversy-three-mile-island">ongoing examination of American history textbooks</a>, looked at textbooks’ coverage of Supreme Court nominees, from the Reagan era to the Clinton era. Textbooks chastised conservative Supreme Court justices (including justices currently sitting on the Court) for opposition to “civil rights” measures, highlighted the complaints of liberal “women’s groups” and “civil rights” groups, and mislabeled moderate justices as conservatives.</p>
<p><strong>Court Battles</strong> </p>
<p>President Reagan appointed three justices to vacant positions on the Court, while President George H.W. Bush filled two vacant Supreme Court positions. However, one of Bush’s nominations sparked major controversy, while two of Reagan’s nominees were derailed. </p>
<p>Reagan’s first two nominees for the Supreme Court, Sandra Day O’Connor and Antonin Scalia, were easily confirmed by the Senate. Reagan also successfully appointed Associate Justice William Rehnquist to the post of Chief Justice.</p>
<p>But Reagan’s third nominee, Robert Bork, was vehemently opposed by Senate liberals; then-Senator Ted Kennedy gave an <a href="http://en.wikisource.org/wiki/Robert_Bork%27s_America">incendiary speech portraying “Robert Bork’s America”</a> as “a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens&#8217; doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.” Bork’s nomination to the Supreme Court was defeated after a brutal lobbying campaign against him, which even liberal New York Times columnist Joe Nocera has <a href="http://www.nytimes.com/2011/10/22/opinion/nocera-the-ugliness-all-started-with-bork.html?_r=1">characterized as</a> “character assassination.”</p>
<p>Reagan then nominated Douglas Ginsburg, who withdrew from consideration after he admitted <a href="http://articles.latimes.com/1987-11-06/news/mn-12868_1_judge-ginsburg">he had used marijuana</a> in the 1960’s and 1970’s. Finally, Anthony Kennedy was nominated by Reagan and confirmed by the Senate unanimously.</p>
<p>One of George H.W. Bush’s Supreme Court appointments also faced major controversy. Bush appointee David Souter was quickly confirmed, but when Clarence Thomas was appointed by Bush, one of his former assistants at the EEOC, Anita Hill, <a href="http://mith.umd.edu/WomensStudies/GenderIssues/SexualHarassment/hill-thomas-testimony">accused him of sexual harassment</a>. After another long and bitter debate, Thomas was narrowly confirmed by the Senate in a 52-48 vote.</p>
<p>Present Clinton nominated Ruth Bader Ginsburg and Stephen Breyer to the Supreme Court, both of whom were easily confirmed.</p>
<p><a href="http://www.oyez.org/justices/antonin_scalia">Scalia</a> and <a href="http://www.oyez.org/justices/clarence_thomas">Thomas</a> are commonly recognized as conservatives. <a href="http://www.oyez.org/justices/sandra_day_oconnor">O’Connor</a> and <a href="http://www.oyez.org/justices/anthony_m_kennedy">Kennedy</a> are characterized as moderates and moderate conservatives. <a href="http://www.oyez.org/justices/david_h_souter">Souter</a> and <a href="http://www.oyez.org/justices/stephen_g_breyer">Breyer</a> were considered to be moderate liberals, while <a href="http://www.oyez.org/justices/ruth_bader_ginsburg">Ginsburg</a> was considered to be a liberal.</p>
<p><strong>Textbooks Attack Conservative Justices</strong></p>
<p>But American history textbooks, did not explain these nuances when talking about Supreme Court nominees. Instead, they frequently made sure to paint moderate and conservative Supreme Court nominees in a negative light.</p>
<p>Of the six textbooks that CMI examined, five discussed the Reagan Supreme Court appointments, while three talked about the Bush Supreme Court appointments. Only one textbook, Prentice Hall’s “A History of the United States,” mentioned Clinton’s appointments.</p>
<p>Of the five textbooks that discussed the Reagan appointees, three of them labeled all of Reagan’s appointees as conservatives. Three textbooks mentioned the Bork battles, all of which portrayed the battle as a simple ideological fight. Two textbooks discussed the Thomas hearings, and both of those textbooks attacked Thomas. The one textbook that discussed Clinton’s Supreme Court nominations painted Clinton’s nominees in a favorable manner.</p>
<p>Conservative Supreme Court nominees and justices were labeled as such, and attacks on them by “women’s groups” were highlighted. Clarence Thomas came in for special ridicule, and was described by one textbook as having “neither proven experience nor proven judicial talent.” </p>
<p>“A History of the United States” was the only textbook to talk about the nominees of Reagan, Bush, and Clinton. The textbook analyzed Reagan’s Supreme Court justice nominees favorably, praising O’Connor, Scalia, Rehnquist, and Kennedy. However, “A History of the United States” lambasted Clarence Thomas, portraying him as an unworthy replacement to Thurgood Marshall and uncritically citing (liberal) “women’s groups” opposition to his nomination. It was the only textbook to mention Clinton’s appointments, and praised Ginsburg as a “pioneer in the struggle of legal rights for women.” </p>
<p>Here is how the book treated the various nominees: </p>
<p>[President Reagan’s] first appointment was Sandra Day O’Connor. A conservative Republican, she had earned respect on the Arizona Supreme Court as a skilled, forthright, and hard-working judge. Easily approved by the Senate, in 1981 she became the first women to sit on the United States Supreme Court.  </p>
<p>Chief Justice Warren E. Burger stepped down in June [1986] and the President nominated the brilliant William H. Rehnquist, a conservative Associate Justice, to take his place. To fill Rehnquist’s seat on the Court, the President named Antonin Scalia, an intelligent, scholarly, and witty appeals court judge, who was also conservative. The son of an Italian immigrant, he was speedily and unanimously approved by the Senate. He symbolized American opportunity as he became the first American of Italian descent to sit on the Supreme Court.</p>
<p>To replace [Justice Lewis F. Powell, Jr, in 1987] President Reagan nominated Judge Robert Bork of the United States Court of Appeals for the District of Columbia. Bork was a bearded, learned, and especially outspoken conservative. He had been a professor at Yale Law School. For 30 years he had taught, written, and spoken against Supreme Court decisions on abortion, privacy, and civil rights. As Solicitor General of the United States under Nixon, Bork had carried out Nixon’s order to fire special prosecutor Archibald Cox.</p>
<p> &#8230; The fight over the Bork nomination was one of the most bitter in American history. Bork’s champions defended him as a wise and courageous conservative. His opponents, led by Senator Edward Kennedy of Massachusetts, attacked him for being insensitive to the rights of minorities and standing outside the mainstream of American social progress. After three weeks of televised public hearings, during which Bork expounded his views upon many subjects, the Senate Judiciary Committee voted 9 to 5 against the nomination. It was defeated in the full Senate 58 to 42, the largest margin by which a Court nominee had ever been rejected.</p>
<p>In haste and anger, President Reagan then nominated the young and little-known Douglas H. Ginsburg, who had only been recently named to the United States Court of Appeals. Then, to everyone’s surprise, it was revealed that Ginsburg had smoked marijuana while he was a professor at Harvard Law School. This embarrassed an administration that was so strongly for “law and order” and on an antidrug crusade.</p>
<p> … President Reagan, retreating from a fight with the Senate, finally made a choice that was not controversial. He named Justice Anthony M. Kennedy of the United States Court of Appeals. A moderate and pragmatic conservative, Kennedy was confirmed without a dissenting vote early in 1988.</p>
<p>In 1990, liberal justice William Brennan retired after 33 years on the Court. Bush nominated David Souter, a moderate and highly qualified federal judge from New Hampshire. Souter breezed through hearings before the Senate Judiciary Committee and was easily confirmed by the full Senate. The following year,  … [to replace Thurgood Marshall], George Bush nominated another black man, Clarence Thomas, a forty-three-year-old federal judge. Thomas’s ideals could not have been more different than Marshall’s. As head of the Equal Opportunity Commission (EEOC) under President Reagan, he had been an outspoken opponent of affirmative action and other government efforts to eliminate government inequality. </p>
<p>Liberal groups, including the NAACP, insisted that Thomas, with neither experience nor proven judicial talent, was a poor choice to replace the judicial giant who, years before, had led the legal battle against segregation. Women’s groups were further angered when Thomas, in hearings before the Judiciary Committee, was evasive about his position on the constitutionality of abortion. Despite that opposition, Thomas seemed headed for confirmation when word leaked out that Anita Hill, a black professor of law who had worked for Thomas at the EEOC, charged that Thomas had sexually harassed her on the job ten years ago … </p>
<p>The Senate confirmed Thomas by a vote of 52-48. Women’s groups, though appalled at the way Professor Hill was treated by the Judiciary Committee, were pleased that the hearings triggered a nationwide belief about the complicated problem of sexual harassment.</p>
<p>In 1993 Clinton nominated federal district court judge Ruth Bader Ginsburg to replace retiring Supreme Court justice Byron White. Ginsburg was a pioneer in the struggle for the legal rights of women. After quick confirmation by the Senate, she became the second woman justice in history and the first Jewish justice in 24 years. The following year, when Justice Harry Blackmun retired, Clinton nominated Stephen Breyer, another federal judge, to replace him. Known for both his intelligence and his ability to reconcile judges with different points of view, Breyer won the support of conservatives and liberals alike and was confirmed without notable opposition. </p>
<p>Holt’s “American Anthem” also injected partisan commentary into its coverage of the Reagan and Bush Supreme Court appointments, highlighting liberal fears that Bork would try to “roll back Roe v. Wade and civil rights laws” and arguing that Republican senators’ defense of Clarence Thomas had “offended many women:”</p>
<p>Both Reagan and Bush sought to appoint conservative judges, at the same time setting off furious confirmation clashes in the Senate.</p>
<p>In 1987 Reagan nominated Robert Bork, a law professor and appeals court judge. Bork advocated a strict interpretation of the Constitution. Many senators and liberal groups feared he would roll back Roe v. Wade and civil rights laws. After angry hearings, the Senate rejected Bork. It later confirmed Reagan’s next nominee, Anthony Kennedy.</p>
<p>Another battle took place over a Bush nominee to the Supreme Court in 1991. This nominee was Clarence Thomas, a conservative African American judge and former head of the federal Equal Employment Opportunity Commission (EEOC). In televised hearings, the Judiciary Committee investigated charges that Thomas had sexually harassed her while she worked for him at the EEOC. Hill underwent aggressive questioning by Republican senators defending Thomas, which offended many women. Thomas narrowly won confirmation.</p>
<p>Prentice Hall’s “The American Nation” did not directly address the confirmation battle over Bork, and also did not mention Clarence Thomas directly. However, the textbook collectively portrayed Reagan’s Supreme Court justices as rolling back the tide of civil rights because of their conservative leanings.</p>
<p>Reagan and Bush appointed a total of 5 Justices to the Supreme Court. (One of Reagan’s choices, Sandra Day O’Connor, was the first woman to serve on the Court.) The new Justices were more conservative than those they replaced.</p>
<p>The more conservative Court placed new limits on the rights of suspected criminals, as well as on the right of prisoners to appeal convictions. The Court made it harder for workers to win job discrimination cases. It also reduced busing, which some school districts had used since the 1960s to achieve racial integration in public schools.</p>
<p>Although it did not discuss the Bush or Clinton nominees, Glencoe’s “The American Journey” painted each of Reagan’s appointments as conservative: “Reagan also put a conservative stamp on the Supreme Court by naming justices to the Court who shared his views. He wanted justices who favored a stricter interpretation of the Constitution. When the president appointed Sandra Day O’Connor in 1981, she became the first woman ever appointed to the Court. Reagan later appointed Antonin Scalia and Anthony Kennedy as Supreme Court justices.”</p>
<p>Prentice Hall’s “Pathways to the Present” gave the fairest analysis of Reagan’s Supreme Court justices. It did not discuss Bush’s or Clinton’s nominees.</p>
<p>Reagan’s appointees to the federal courts were fairly conservative. In 1981, he selected Arizona judge Sandra Day O’Connor as the nation’s first woman Supreme Court justice. In 1986, Reagan chose another conservative, Antonin Scalia, for the Supreme Court and raised conservative Justice William Rehnquist to the post of Chief Justice.</p>
<p>While O’Connor, Scalia, and Rehnquist won Senate confirmation, Reagan’s next Supreme Court appointment, conservative judge and former law professor Robert Bork, did not. The Democratic Party had won control of the Senate in the 1986 elections and most Democratic senators did not share Reagan’s goal of appointing conservative judges. Liberal groups joined together in 1987 to lobby the Senate to reject Bork’s nomination. The nominee whom the Senate finally approved, Anthony Kennedy, was known as a moderate conservative. He joined the Court in 1988.</p>
<p><strong>Conclusion</strong></p>
<p>The recent attempts by liberals to attack the Supreme Court as being dominated by <a href="http://newsbusters.org/blogs/noel-sheppard/2012/04/04/maureen-dowd-attacks-supreme-court-hacks-dressed-black-robes-mirrors">conservative “hacks dressed up in black robes,”</a> are being echoed in the classroom </p>
<p>Considering that Clarence Thomas, Antonin Scalia, Ruth Bader Ginsburg, and Anthony Kennedy are still on the Court, attempts by textbooks to label and attack conservatives represent more than political commentary masquerading as history: they represent an effort by educators to influence children to oppose conservatives as opponents of “civil rights” and “women’s groups.”</p>
<p><a href="http://www.mrc.org/eye-culture/lies-my-textbooks-told-me-judging-recent-supreme-court-justices">http://www.mrc.org/eye-culture/lies-my-textbooks-told-me-judging-recent-supreme-court-justices</a></p>
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		<title>San Francisco Wages Kills $5 Subs</title>
		<link>http://www.boogai.net/headlines/san-francisco-wages-kills-5-subs/</link>
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		<pubDate>Wed, 16 May 2012 20:46:14 +0000</pubDate>
		<dc:creator>Brian Ward</dc:creator>
				<category><![CDATA[Headlines]]></category>

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		<title>Sierra Club Declares War on Natural Gas</title>
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		<pubDate>Wed, 16 May 2012 20:45:49 +0000</pubDate>
		<dc:creator>Brian Ward</dc:creator>
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		<title>Judges Slap Down EPA Not 1, Not 2, But 3 Times</title>
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		<pubDate>Wed, 16 May 2012 20:45:26 +0000</pubDate>
		<dc:creator>Brian Ward</dc:creator>
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		<title>WWF Calls For Global Poverty To Save The Planet</title>
		<link>http://www.boogai.net/us-news/wwf-calls-for-global-poverty-to-save-the-planet/</link>
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		<pubDate>Wed, 16 May 2012 20:44:51 +0000</pubDate>
		<dc:creator>Brian Ward</dc:creator>
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		<description><![CDATA[<p>By Paul Joseph Watson, Infowars.com</p>
<p>The World Wildlife Fund has released a report which calls for all carbon emissions to be banned by 2050 and for the entire human population to live in a state of poverty in the name&#8230;</p>]]></description>
			<content:encoded><![CDATA[<p>By Paul Joseph Watson, Infowars.com</p>
<p>The World Wildlife Fund has released a report which calls for all carbon emissions to be banned by 2050 and for the entire human population to live in a state of poverty in the name of preserving rare species and saving the planet.<span id="more-15917"></span></p>
<div>“Extremist green campaigning group WWF – endorsed by no less a body than the European Space Agency – has stated that economic growth should be abandoned, that citizens of the world’s wealthy nations should prepare for poverty and that all the human race’s energy should be produced as renewable electricity within 38 years from now. Most astonishingly of all, the green hardliners demand that the enormous numbers of wind farms, tidal barriers and solar powerplants required under their plans should somehow be built while at the same time severely rationing supplies of concrete, steel, copper and glass,” <a href="http://www.theregister.co.uk/2012/05/16/wwf_living_planet_report/">reports the Register</a>.</div>
<p>The World Wildlife Fund’s new report, entitled <a href="http://wwf.panda.org/about_our_earth/all_publications/living_planet_report/"><em>Living Planet Report for 2012</em></a>, cites its own narrowly defined and agenda-driven ‘Living Planet Index’ to claim that the “overall state of global biodiversity” is in crisis and that rare species like tigers (presumably not including <a href="http://news.google.com/newspapers?nid=1356&amp;dat=19610125&amp;id=dYBPAAAAIBAJ&amp;sjid=3AQEAAAAIBAJ&amp;pg=3647,4841805">the ones shot dead by WWF President Prince Philip</a>), are in decline because humans in richer countries enjoy too high living standards.</p>
<p>According to the WWF, humans in developed nations are abusing their “ecological footprint” and using more “biocapacity” than they have. The only people operating within their allotted “biocapacity” are poor people in impoverished countries.</p>
<p>The solution? The organization wants to see “inequality adjusted human development” rather than economic development. Or put another way, the answer is focused around “drastically shrinking the ecological footprint of high income populations”.</p>
<p>This is merely a regurgitation of the post-industrial revolution – the planned-opolis – that Malthusian elites have been pushing for decades. Using the highly emotive propaganda offensive of rare animal species (since global warming has now largely been discredited), the WWF calls for virtually all carbon emissions to be abolished by 2050.</p>
<p>“For almost all of human history and prehistory we have burned things to generate energy – it is one of the things that makes us human – but now, within a single generation, that is to almost completely stop. After a million years, the fires will go out,” writes Lewis Page.</p>
<p>This insane drive to ban carbon emissions, the very lifeblood of human development, happiness and prosperity, has parallels with the <a href="http://www.youtube.com/watch?v=P7rCAYkoMT0">Forum for the Future proposal</a>, funded by the likes of Bank of America, Time Warner and Royal Dutch Shell, which <a href="http://www.prisonplanet.com/planned-opolis-elitist-agenda-for-eco-enslavement.html">advocated the regulation of all human activity by a scientific dictatorship</a> which would restrict car use, impose calorie food rationing, decide people’s future careers for them, and imprison malcontents who don’t conform to the new eco-fascist system within squalid ghettos.</p>
<p><a href="http://www.worldwildlife.org/who/History/historyt.html">The WWF was founded</a> by former Nazi and Bilderberg Group kingpin Prince Bernhard of the Netherlands. Its current President Emeritus is Prince Philip, the Duke of Edinburgh.</p>
<p>Betraying his eugenicist fervor, Prince Philip has repeatedly expressed his desire to see large numbers of human beings wiped out by a deadly virus.</p>
<p>“In the event that I am reincarnated, I would like to return as a deadly virus, in order to contribute something to solve overpopulation,” Philip told Deutsche Press Agentur in August 1988.</p>
<p>Philip even bemoaned the fact that medical advances had helped alleviate Sri Lanka’s crippling malaria problem in the 1980′s, brazenly lamenting the fact that less people would die.</p>
<p>“Sri Lanka must feed three times as many mouths, find three times as many jobs, provide three times the housing, energy, schools, hospitals and land for settlement in order to maintain the same standards. Little wonder the natural environment and wildlife in Sri Lanka has suffered. The fact [is] … that the best-intentioned aid programs are at least partially responsible for the problems,” he said during a University of Western Ontario speech in July 1983.</p>
<p>In the preface of his 1988 book <em>Down to Earth</em>, Philip spoke of his desire to see humans “culled” through means of population control.</p>
<p>“I don’t claim to have any special interest in natural history, but as a boy I was made aware of the annual fluctuations in the number of game animals and the need to adjust the “cull” to the size of the surplus population,” he wrote.</p>
<p>Prince Philip’s brazen bloodlust to see humans culled in large numbers betrays the real agenda behind the WWF’s touchy-feely “green” veneer.</p>
<p>The true purpose of the organization is to advance the arcane, authoritarian, and oppressive pseudo-science of eugenics behind the thin veil of environmental advocacy.</p>
<p><a href="http://www.infowars.com/wwf-calls-for-global-poverty-to-save-the-planet/">http://www.infowars.com/wwf-calls-for-global-poverty-to-save-the-planet/</a></p>
<p><em>Paul Joseph Watson is the editor and writer for <a href="http://prisonplanet.com/">Prison Planet.com</a>. He is the author of Order Out Of Chaos. Watson is also a regular fill-in host for The Alex Jones Show and Infowars Nightly News.</em></p>
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		<title>&#8216;Heartbreaking&#8217; TSA Pat Down of Double Amputee Veteran</title>
		<link>http://www.boogai.net/headlines/heartbreaking-tsa-pat-down-of-double-amputee-veteran/</link>
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		<pubDate>Wed, 16 May 2012 20:34:37 +0000</pubDate>
		<dc:creator>Brian Ward</dc:creator>
				<category><![CDATA[Headlines]]></category>

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		<title>The FOCUS Act Hearing: Unpersuasive Criticisms and Tacit Admissions</title>
		<link>http://www.boogai.net/legwatch/the-focus-act-hearing-unpersuasive-criticisms-and-tacit-admissions/</link>
		<comments>http://www.boogai.net/legwatch/the-focus-act-hearing-unpersuasive-criticisms-and-tacit-admissions/#comments</comments>
		<pubDate>Mon, 14 May 2012 03:38:53 +0000</pubDate>
		<dc:creator>Brian Ward</dc:creator>
				<category><![CDATA[Legislative Watch]]></category>

		<guid isPermaLink="false">http://www.boogai.net/?p=15890</guid>
		<description><![CDATA[<p>By <a title="Paul Larkin" rel="author" href="/about/staff/l/paul-larkin">Paul Larkin</a>, The Heritage Foundation</p>
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<ul>Thankfully, the law sometimes reflects common sense. Here’s an example: Innocent people ordinarily do not remain silent when accused of having committed a crime or some other</ul></div></div></div><p>&#8230;</p>]]></description>
			<content:encoded><![CDATA[<p>By <a title="Paul Larkin" rel="author" href="/about/staff/l/paul-larkin">Paul Larkin</a>, The Heritage Foundation</p>
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<ul>Thankfully, the law sometimes reflects common sense. Here’s an example: Innocent people ordinarily do not remain silent when accused of having committed a crime or some other misconduct. As the result, it is reasonable to infer that such an accusation is true if a person does not deny it. In the law, that sensible proposition is embodied in the doctrine of “Tacit Admissions.” The doctrine works as follows: If someone accuses you of a crime or unethical conduct and you don’t deny it, a jury can infer that you committed what you are alleged to have done.<span id="more-15890"></span></ul>
</div>
<p>Keep that proposition in mind for a minute.</p>
<p>On Tuesday, May 8, the Subcommittee on Fisheries, Wildlife, Oceans and Consular Affairs of the House Committee on Natural Resources held a hearing on two bills that would amend the Lacey Act. One bill, the Freedom from Over-Criminalization and Unjust Seizures Act of 2012 (FOCUS Act), H.R. 4171, would amend the Lacey Act by decriminalizing it. (There is an identical Senate bill, S. 2062.) At bottom, the FOCUS Act would make the Lacey Act enforceable only through administrative or civil process.</p>
<p>The Heritage Foundation has made the point on several occasions that the criminal provisions of the Lacey Act are unreasonable because they require an American, on pain of imprisonment, to know the criminal and civil laws of every foreign country, regardless of their number (Indonesia has hundreds) and regardless of their language (Brazil’s forestry laws are written in Portuguese).<a name="_ednref1" href="#_edn1">[1]</a> It may be necessary to presume that every person knows the laws of this nation, but it is utterly unreasonable to apply that principle—which is less a principle and more a ukase—to every law of every foreign country.</p>
<p>Numerous witnesses testified at the hearing,<a name="_ednref2" href="#_edn2">[2]</a> and they offered different views. Senator Rand Paul (R–KY)<a name="_ednref3" href="#_edn3">[3]</a> and Representative Paul Broun (R–GA)<a name="_ednref4" href="#_edn4">[4]</a> criticized the Lacey Act for the reason noted above. Other witnesses—for example, Reid Rubenstein of the Institute for Legislative Reform at the U.S. Chamber of Commerce<a name="_ednref5" href="#_edn5">[5]</a>—echoed that position. Some parties defended criminal enforcement of the Lacey Act by maintaining that it is necessary to protect domestic industries, while others defended criminal enforcement as necessary to halt illegal logging and protect the environment. The Heritage Foundation already responded to those criticisms in several recent papers.<a name="_ednref6" href="#_edn6">[6]</a></p>
<p>Still other witnesses defended the Lacey Act by arguing that it is an important, century-old law (which is interesting but irrelevant to whether criminal enforcement is necessary); or that it had and has bipartisan support (which just means that both parties got it wrong); or that George W. Bush’s Administration supported criminal prosecution (which just means that his opponents finally found something that they like about him); or that it is necessary to prevent illegally harvested wood from entering the United States (which ignores the civil remedies, including forfeiture, that can be invoked at the border); or that it is the world’s only criminal statute outlawing illegal logging overseas (which just means that we are imposing our norms on foreign nations that disagree with us or don’t care); or that a goodly number of organizations support the Lacey Act (which just means that, shockingly,<a name="_ednref7" href="#_edn7">[7]</a> members of interest groups seeking economic rents or professing undying environmental love each have banded together once again); or that lots of musicians support the Lacey Act (does one really need to say anything?).</p>
<p>What was most interesting about yesterday’s hearing, however, was what critics of the FOCUS Act did <em>not</em> say:</p>
<ul type="disc">
<li>No critic argued that Abner Schoenwetter<a name="_ednref8" href="#_edn8">[8]</a> and people like him should be sent to prison for “heinous” crimes such as importing lobsters into the United States that, under a void Honduran law, were too small to be taken and that should have been packed in boxes rather than in clear plastic bags.</li>
<li>No critic argued that the Lacey Act does not apply to the violation of any and every law of any and every foreign nation.</li>
<li>No critic argued that it is reasonable—to say nothing of desirable—to send people to jail for violating a foreign law that they did not know even existed.</li>
<li>No critic argued that the Lacey Act cannot be criminally enforced in this matter.</li>
<li>No critic—I’m referring specifically now to the federal government’s witnesses—foreswore prosecuting individuals for such a crime.</li>
<li>And no critic of the FOCUS Act was willing to say the following:</li>
</ul>
<p>“Yes, it is grossly unfair to send someone to prison in these circumstances:</p>
<p>·        “For unwittingly violating any law of any foreign nation when importing flora or fauna from overseas;</p>
<p>·        “Whether that law is a statute, a regulation, an interpretation of a regulation (official or not), or something else without any counterpart in our country;</p>
<p>·        “However unrelated to conservation or the environment that law may be;</p>
<p>·        “However trivial that law may be;</p>
<p>·        “However difficult to find that law it may be;</p>
<p>·        “Whatever the language in which that law is written may be;</p>
<p>·        “Even though the very nation whose laws were allegedly violated has no interest in enforcing its own laws;</p>
<p>·        “Even though that nation may not give a fig about the environment as long as the locals get paid to ravage their own lands; and</p>
<p>·        “Even though an offender can be sentenced to, let’s say, 10,000 years, a one-year sentence for every fish or flower negligently hauled in and imported by a commercial boat.</p>
<p>“Yes, that is grossly unfair, but we want that done anyway because (check the appropriate box):</p>
<p>□ “We are environmentalists and believe that trees in Guyana are more important than people’s lives in the United States, and we believe this even if the laws in Guyana really don’t protect trees.</p>
<p>“or</p>
<p>□ “We are a domestic timber or wood products industry desperately in need of protection against cheap foreign imports.</p>
<p>“or</p>
<p>□ “We are the government and never prosecute blameless individuals.</p>
<p>“or</p>
<p>□ “All or some combination of the above.”</p>
<p>That statement would have had the advantage of at least being honest and forthright. As it was, no one was willing to admit that what is at stake is whether morally blameless individuals deserve to be arrested, prosecuted, and imprisoned in this country for actions committed in a foreign country allegedly in violation of a foreign country’s laws that the foreign country itself will not enforce. No one would make that admission because the public—justifiably and correctly—would be outraged if it knew what could happen.</p>
<p>As I said at the beginning, sometimes what people don’t say is far more important, and far more incriminating, than what they do.</p>
<p><em>Paul J. Larkin Jr. is Senior Legal Fellow and Manager of the Overcriminalization Project in the Center for Legal &amp; Judicial Studies at The Heritage Foundation.</em></p>
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		<title>The 2012 Tax Policy Two-Step: Taxmageddon, Then Tax Reform</title>
		<link>http://www.boogai.net/top-story/the-2012-tax-policy-two-step-taxmageddon-then-tax-reform/</link>
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		<pubDate>Mon, 14 May 2012 03:28:05 +0000</pubDate>
		<dc:creator>Brian Ward</dc:creator>
				<category><![CDATA[Top Story]]></category>

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<p><a href="http://www.boogai.net/wp-content/uploads/2012/05/U_S_-income-taxes-out-of-total-taxes1.jpg"><img class="alignleft size-thumbnail wp-image-15908" title="U_S_-income-taxes-out-of-total-taxes" src="http://www.boogai.net/wp-content/uploads/2012/05/U_S_-income-taxes-out-of-total-taxes1-300x169.jpg" alt="" width="300" height="169" /></a></p>
<p>By <a title="J.D. Foster, Ph.D." rel="author" href="/about/staff/f/j-d--foster">J.D. Foster, Ph.D.</a>, The Heritage Foundation<br />
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<p>The nation faces an unprecedented tidal wave of tax hikes on January 1, 2013. <span id="more-15894"></span></p>
<p>Aptly called “Taxmageddon,” at nearly $500</p></div></div><p>&#8230;</p>]]></description>
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<p><a href="http://www.boogai.net/wp-content/uploads/2012/05/U_S_-income-taxes-out-of-total-taxes1.jpg"><img class="alignleft size-thumbnail wp-image-15908" title="U_S_-income-taxes-out-of-total-taxes" src="http://www.boogai.net/wp-content/uploads/2012/05/U_S_-income-taxes-out-of-total-taxes1-300x169.jpg" alt="" width="300" height="169" /></a></p>
<p>By <a title="J.D. Foster, Ph.D." rel="author" href="/about/staff/f/j-d--foster">J.D. Foster, Ph.D.</a>, The Heritage Foundation<br />
 </p>
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<p>The nation faces an unprecedented tidal wave of tax hikes on January 1, 2013. <span id="more-15894"></span></p>
<p>Aptly called “Taxmageddon,” at nearly $500 billion the tax hike is so massive that it has accomplished what many regarded as impossible: consensus.<a name="_ednref1" href="#_edn1">[1]</a></p>
<p>There is broad agreement that at least most of this tax hike must be prevented. The debate is really only about how much and when.</p>
<p>At the same time, there is a growing consensus in favor of tax reform. Both President Obama and the presumptive Republican presidential nominee Mitt Romney have called for reducing corporate income tax rates substantially.<a name="_ednref2" href="#_edn2">[2]</a> With such an obvious need, many Members of Congress, echoing their constituents’ views, are frustrated with the lack of progress on tax reform. Many also express a reluctance to prevent Taxmageddon without tax reform, suggesting that doing so smacks of once again “kicking the can down the road.” While these frustrations are understandable, nevertheless as matters stand, the correct two-step sequencing Members should embrace is to prevent all tax hikes now while working on and for tax reform in 2013.</p>
<p><strong>Step One: Preventing Taxmageddon</strong></p>
<p>On January 1, 2013, among other unfortunate tax consequences:</p>
<ul type="disc">
<li>Income tax rates shoot up,</li>
<li>The child credit is cut in half,</li>
<li>The marriage penalty roars back,</li>
<li>The capital gains tax rate goes up,</li>
<li>The dividend tax rate soars,</li>
<li>The payroll tax rate jumps two percentage points,</li>
<li>The death tax is restored to its punitive past,</li>
<li>The Alternative Minimum Tax relief expires, and</li>
<li>A uniquely pernicious additional payroll tax hike from Obamacare takes effect.</li>
</ul>
<p>Collectively, this would by far be the largest tax hike in history. The effects on families and businesses would be devastating; the effects on the economy no less so.</p>
<p>Congress should make current tax policy permanent and eliminate, once and for all, this cavalcade of tax hikes. At the same time, Congress should repeal Obamacare and in the process eliminate its own panoply of harmful tax hikes. In the event it does neither, Congress should delay these tax hikes for as long as possible—whether one year, two years, or longer.</p>
<p>Nor should Congress wait until after the election to act. Taxpayers deserve more respect from their elected officials than being left in doubt about facing a massive tax hike. The economy also needs better tax certainty. And on this issue, voters in November should be able to cast their votes based not on what Members say they will do but on what they did before the election.</p>
<p>Also, without question Congress should not kick the Taxmageddon can down the road into early 2013, much as it did with the payroll tax hike prevention enacted late last year. Just as taxpayers do not need a massive tax hike, they do not need the oppressive uncertainty of delaying Taxmageddon for a few months into 2013 only to face it again in the spring.</p>
<p><strong>Step Two: Fundamental Tax Reform</strong></p>
<p>Preventing Taxmageddon is not fundamental tax reform. Yet the consequences of not preventing Taxmageddon clearly move in the opposite direction of sensible reform. Consider the growing consensus to reduce the corporate income tax rate: A lower corporate tax rate is inconsistent with raising individual income tax rates—which will happen if Taxmageddon strikes.</p>
<p>True tax reform—involving the ideas contained in The Heritage Foundation’s New Flat Tax or even more traditional approaches like the flat tax or the national retail sales tax—generally involves reducing the tax bias against saving and investment.<a name="_ednref3" href="#_edn3">[3]</a> This is inconsistent with raising the tax rates on dividends and capital gains, which happens if Taxmageddon takes effect. While preventing Taxmageddon is not tax reform, failing to prevent Taxmageddon runs directly and substantially counter to fundamental tax reform.</p>
<p>Even moving to a truly simplified, economically neutral tax system is an epic undertaking legislatively—and in terms of communicating what is happening and why to the American people. Thus, fundamental tax reform requires three essential elements to move forward.</p>
<ol type="1">
<li>It requires a consensus as to the goals. This consensus appears to be coalescing, at least with respect to corporate tax rates, which is a good start.</li>
<li>Fundamental tax reform will require many Members of Congress to become better informed about current tax law than they appear to be today. This is necessary both for understanding the reforms and for explaining them to their hopeful but anxious constituents.</li>
<li>Tax reform will require a clear vision and unwavering support from the President. Both the vision and the support have been sorely lacking in this Administration. Hopefully, whoever is President in 2013 will give tax reform the attention and support it needs and deserves and will work with Congress to develop a federal tax system that would allow the economy to create jobs and raise wages in the face of stiffening global competition.</li>
</ol>
<p><strong>One at a Time</strong></p>
<p>Congress should be aware that preventing the massive tax hikes of Taxmageddon and advancing tax reform are related but separate issues, and, by virtue of the calendar and electoral context, they should be addressed separately and in the proper order. First up should be preventing Taxmageddon. Then, Congress should use the ensuing window of time to advance tax reform.</p>
<p><a href="http://www.heritage.org/research/reports/2012/05/2012-tax-policy-two-step-taxmageddon-then-tax-reform">http://www.heritage.org/research/reports/2012/05/2012-tax-policy-two-step-taxmageddon-then-tax-reform</a></p>
<p><em>J. D. Foster, PhD, is Norman B. Ture Senior Fellow in the Economics of Fiscal Policy in the Thomas A. Roe Institute for Economic Policy Studies at The Heritage Foundation.</em></p>
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		<title>Muslims in Macedonia Rally in Support of Jihadists Who Shot Five Young Christian Fishermen to Death</title>
		<link>http://www.boogai.net/headlines/muslims-in-macedonia-rally-in-support-of-jihadists-who-shot-five-young-christian-fishermen-to-death/</link>
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		<pubDate>Mon, 14 May 2012 03:27:09 +0000</pubDate>
		<dc:creator>Brian Ward</dc:creator>
				<category><![CDATA[Headlines]]></category>

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