Archive for February, 2023

The latest move by the Biden Regime rises to the level of treason because they are planning on implementing a treaty that would surrender the sovereignty of the United States over to World Health Organization.  To accomplish this they are doing an end run around the Constitution of the United States because they are implementing the treaty without the advice and consent of the Senate. 

Here is the clause of the treaty that is designed to supposedly grant the United States, and all other nations, the authority to circumnavigate legislative approval.

The WHO CA+ may be applied provisionally, in whole or in part, by a signatory and/or Party that consents to its provisional application by so notifying the Depositary in writing at the time of signature of the instrument, or signature or deposit of its instrument of ratification, acceptance, approval, formal confirmation or accession. Such provisional application shall become effective from the date of receipt of the notification by the Secretary-General of the United Nations.

The despicable and corrupt process is documented in this article from The Epoch Times.

“Whoever drafted this clause knew as much about U.S. constitutional law and international law as I did, and deliberately drafted it to circumvent the power of the Senate to give its advice and consent to treaties, to provisionally bring it into force immediately upon signature,” Boyle said. In addition, “the Biden administration will take the position that this is an international executive agreement that the president can conclude of his own accord without approval by Congress and is binding on the United States of America, including all state and local democratically elected officials, governors, attorney generals, and health officials.”

There are several U.S. Supreme Court decisions that may support the Biden administration’s position. They include State of Missouri v. Holland, in which the Supreme Court ruled that treaties supersede state laws, while other decisions, such as United States v. Belmont, ruled that executive agreements without Senate consent can be legally binding, with the force of treaties.

According to the zero draft, signatories would agree to “strengthen the capacity and performance of national regulatory authorities and increase the harmonization of regulatory requirements at the international and regional level.” They will also implement a “whole-of-government and whole-of-society approach at the national level” that will include national governments, local governments, and private companies.

The author of the article is suffering from several common and dangerous delusions.  The first is the belief that the Supreme Court issues rulings that are in any way based on the Constitution of the United States.  Another is the belief that the Supreme Court has the authority to grant a branch of the federal government the power to completely disregard the plain text of the Constitution.  The final delusion is the belief that only the Supreme Court has the authority to declare that a given law or treaty violates the Constitution.

Here is a summary of The United States v. Belmont ruling.

 301 U.S. 324 (1937), was a dispute between the federal executive branch and the State of New York over property rights to a deposit from a former Russian corporation with August Belmont & Company, a private New York City banking firm. Belmont established executive predominance over state laws and constitutions in the sphere of foreign policy, and allocated the constitutional power for initiating executive agreements solely to the president of the United States.[

By examining the actual text of Article 2 Section 2 Clause 2, it becomes obvious that the Supreme Court made a grave constitutional error with that ruling.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur

From the text of the Supremacy Clause, which is  Article 6 Section 2, you can see that only treaties passed through the formal constitutional process are the law of the land.  Agreements signed by just the president are not listed therefore they are not the law of the land.

 This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.

In Federalist Paper 75 Alexander Hamilton discusses the treaty making power granted in the Constitution.  No president has the constitutional authority to enter into any form of treaty without the advice and consent of the Senate.

The president is to have power “by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur.” Though this provision has been assailed on different grounds, with no small degree of vehemence, I scruple not to declare my firm persuasion, that it is one of the best digested and most unexceptionable parts of the plan. One ground of objection is, the trite topic of the intermixture of powers; some contending that the president ought alone to possess the power of making treaties; and others, that it ought to have been exclusively deposited in the senate. Another source of objection is derived from the small number of persons by whom a treaty may be made: Of those who espouse this objection, a part are of opinion that the house of representatives ought to have been associated in the business, while another part seem to think that nothing more was necessary than to have substituted two-thirds of all the members of the senate to two-thirds of the members present. As I flatter myself the observations made in a preceding number, upon this part of the plan, must have sufficed to place it to a discerning eye in a very favourable light, I shall here content myself with offering only some supplementary remarks, principally with a view to the objections which have been just stated.

With regard to the intermixture of powers, I shall rely upon the explanations already given, in other places of the true sense of the rule, upon which that objection is founded; and shall take it for granted, as an inference from them, that the union of the executive with the senate, in the article of treaties, is no infringement of that rule. I venture to add that the particular nature of the power of making treaties indicates a peculiar propriety in that union. Though several writers on the subject of government place that power in the class of executive authorities, yet this is evidently an arbitrary disposition: For if we attend carefully to its operation, it will be found to partake more of the legislative than of the executive character, though it does not seem strictly to fall within the definition of either of them. The essence of the legislative authority is to enact laws, or in other words to prescribe rules for the regulation of the society. While the execution of the laws and the employment of the common strength, either for this purpose or for the common defence, seem to comprise all the functions of the executive magistrate. The power of making treaties is plainly neither the one nor the other. It relates neither to the execution of the subsisting laws, nor to the enaction of new ones, and still less to an exertion of the common strength. Its objects are CONTRACTS with foreign nations, which have the force of law, but derive it from the obligations of good faith. They are not rules prescribed by the sovereign to the subject, but agreements between sovereign and sovereign. The power in question seems therefore to form a distinct department, and to belong properly neither to the legislative nor to the executive. The qualities elsewhere detailed, as indispensable in the management of foreign negotiations, point out the executive as the most fit agent in those transactions; while the vast importance of the trust, and the operation of treaties as laws, plead strongly for the participation of the whole or a part of the legislative body in the office of making them.

I’ve written both about Donald Trump’s attacks on Ron DeSantis as being a bad idea and I further wrote that if DeSantis wants to strike back all he needs to do is invoke Fauci.

So that still leaves the question: How does Donald Trump counter a popular governor like DeSantis with a strong record and a reputation for fighting the fights conservatives need fighting.

The answer can be found in Lyndon Johnson’s first senate campaign where his primary opponent was a fellow named Pappy O’Daniel.

Pappy O’Daniel was an entertainer who parleyed his radio show act into a a fortune selling flour into the governor’s chair in Texas. One of the things he constantly pushed was the idea of a pension

He’d sing, tout Hillbilly Flour, quote scripture, and declare he was fed up with “crooked politics” and “scheming professional politicians.” He promised to pay every Texan over 65 a $30-a-month pension. He didn’t say how he’d fund those pensions, preferring to sell the idea singing lyrics he’d written to the tune of “Let Me Call You Sweetheart”—“Thirty Bucks for Mama.”

Smart types scoffed. Politicians and reporters said Pappy’s crowds came for the circus. But battered Texans yearned for something new. In the Democratic primary, against 11 rivals, Pappy got 51 percent, taking the nomination in a state where Republicans didn’t count. 

When the sitting US Senator Morris Shepard died in office Pappy O’Daniel appointed the 87 year old son of Sam Houston to his seat pending a special election. Lyndon Johnson seeing this as an opening promptly announced his candidacy and Pappy wasn’t far behind.

Johnson as a sitting congressman had a problem. O’Daniel was an immensely popular governor with the voters and while he was happy to be in bed with the various lobbyists (expect for the liquor lobby O’Daniel’s one unshakable principled belief was that booze was a tool of the Devil) an attack on his as corrupt was useless not only because Johnson’s own associations were not all that clean but because of the people still listening to his radio show now done from the Capital wouldn’t buy that the person fighting so hard to get them a pension didn’t care.

So Johnson took a different path. He painted O’Daniel as the indispensable man of Texas the man who was needed in the statehouse to fight for you and your pension here while he (LBJ) could fight for you in the Senate.

It was a stroke of brilliance. O’Daniel has talked about his fight for Pensions in his re-election campaign just six months before and Johnson’s praise of him and his work in Texas made direct attacks on him almost impossible.

In the end it paid off, at least until on election night Johnson let down his guard and allowed his key districts to report which gave an opening for the folks in the Liquor lobby, who wanted Pappy, out of Texas who did this:

Suddenly “late” returns from counties in East Texas where Congressman Martin Dies, another candidate for the open Senate seat, had previously run strong with 46% of the vote with O’Daniel getting 34% and Johnson 11% and a 4th candidate Mann 9%. As Robert Caro put it on paged 738-739 of his 1st volume on Lyndon Johnson:

But Dies did not do as well as he had done earlier. He received only 82 of these “new” votes — not 46 percent but 32 percent, Johnson and Mann didn’t do as well either: Mann received 6 votes or 2 percent; Johnson did particularly badly; he received 3 of the new votes : 1 percent. O’Daniel, who had received 34 percent on the first returns, received 64 percent on these later returns.

This pattern was repeated in county after county in east Texas where O’Daniel’s “Magic Ballots” kept turning up. Johnson manged to get a few “corrected” returns from a few spots but as official returns had been sent in such things were few and far between. He contacted George Paar known as the Duke of Duval who was the power there and bluntly asked for more votes. Duval’s reported reply: “Lyndon I’ve Been to Federal Penitentiary and I’m not Going Back For You” was logical. Because the official numbers had not come from East Texas no matter how many votes he agreed to provide O’Daniel’s folks would simply create more in counties that had not yet reported. In the end his 5000 vote lead became a 1311 vote loss 175,590 to 174,279.

Sound familiar?

Bottom line until O’Daniel’s foes in big Booze stole the election for him Johnson’s plan worked.

If I was advising Donald Trump, I would use the same tactic as LBJ did.

I would point to what was done in Florida and point out that there are plenty of people on the left who want DeSantis out of there. Who want to stop his innovations from spreading to other states. I’d point to his reforms on voting, his strong attacks on the sexualization of children and his taking on woke education and say that America NEEDS DeSantis in Florida to keep it a shining example for the entire nation.

I would compare this to his own reforms on the federal level, and suggest that DeSantis moves are much like his own but on the state level, it’s a great opening for Trump to tout his own record which is without question the best overall record of any 21st century president, from Tax Cuts to prison reform and beyond.. This way he can point to his own initial endorsement of DeSantis in his first campaign and even to some degree take credit for those accomplishments made possible by his own support in his initial election win that was by a small margin. Suddenly DeSantis’ success becomes derivative of his own.

I’d even go one better. I’d point out that Disney would LOVE to get DeSantis out of there and have the chance to try to influence a different perhaps weaker governor who would appoint people of their choosing to boards and commissions to slowly undo all that has already been done. I’d suggest that DeSantis needs at least one more term to solidify these changes and to make sure that the woke legions, led by Disney can’t reverse what has already been done. He owes it to the people who sent him back to make sure the job is done.

It’s the type of argument that has the best chance of not only preventing a DeSantis 2024 campaign but would make attacks on him by DeSantis very difficult.

Anyways that would be my play and I submit and suggest to the Trump campaign that it’s the one most likely to put the nomination in his hands.

Actually that’s a rather unfair headline. The Anglican communion has not given up Christianity for Lent, they’ve given it up for good.

Church of England priests will be permitted to bless the civil marriages of same-sex couples in a profound shift in the church’s stance on homosexuality after a historic vote by its governing body.

The vote wasn’t as close as one might have hoped:

After an impassioned debate lasting more than eight hours, the C of E’s national assembly, the General Synod, voted by 250 votes to 181 to back a proposal by bishops intended to end years of painful divisions and disagreement over sexuality.

In one respect it isn’t a surprise, when you have a denomination that was founded on the principle “I get to bang who I want and the hell with what the church says” odds are that right is going to expand in time from just the king to everyone else.

And what is the grand prize they receive for choosing the world over Christ? SCHISM!

A group of Anglican church leaders from around the world have ousted the Archbishop of Canterbury as their head following the decision to allow the blessing of same-sex couples in England.

The Global South Fellowship of Anglican Churches (GSFA) has said in a statement that it no longer considers Justin Welby to be ‘leader of the global communion’, and it has ‘disqualified’ the Church of England from being its ‘mother church’.

Earlier this month, the General Synod – the Church of England’s legislative assembly – passed a motion to allow the blessing of same-sex couples in civil partnerships.

The GSFA said it speaks for 75% of Anglicans around the world, officially representing 25 member provinces – mainly in Asia, Latin America and Africa.

That number is interesting, 75% of the Anglicans around the world aren’t with this move. You know the ones in Africa, India and Latin America.

I’ll wager the liberal Karens in England who have pushed this have very specific opinions on the clergy of color who are currently critiquing them but are keeping silent due to fears of being outed as racists think they know better than their non-white breathern.

Alas there doesn’t seem to be any signs of a modern St. John fisher or St. Thomas Moore in the west even though the only penalty might be cancellation rather than execution.

Over at Hotair they see where this is going:

Run amok is usually what happens when progressives take control of anything, so I think the remaining Church of England types in England should just bank on it. It’s not looking good for the home team. While I’m sure they’re all patting themselves on the back for their inclusivity and modern approach, when those C of E congregations start shrinking? No doubt they’ll be the most surprised.

This is of course the invariable result when you reject those who support biblical teaching for those who are fruitless and don’t multiply.

Then again when you have a denomination that is a copy of a copy they tend to fade which is the disadvantage of all Protestantism whose primary principle is that the every denomination must keep splitting until everyone has a church that suits either their desires.

Say what you will about the Catholic Church even as Denomination after denomination has embraced contraception, abortion and gay marriage they have stayed steady and not embraced the rebels within.

And of course there is always the choice for some of those Anglicans to decide to re-cross the Tiber per the guidelines set down by Pope Benedict XVI. How anxious Francis would be to welcome such congregations given his own proclivities is of course another story.

So let me say this to the new even more non-biblical Anglicans. I’m sure the press, video, print and online will embrace this decision as “brave” and pols and pundits will all be celebrating you for these moves and the Bishops involved in these decisions will be feted by their worldly pals for the rest of their lives but while you still have a heartbeat let me remind you of this warning from a fellow named Ezekiel:

You, son of man, I have appointed watchman for the house of Israel; when you hear me say anything, you shall warn them for me. If I tell the wicked man that he shall surely die, and you do not speak out to dissuade the wicked man from his way, he (the wicked man) shall die for his guilt, but I will hold you responsible for his death. But if you warn the wicked man, trying to turn him from his way, and he refuses to turn from his way, he shall die for his guilt, but you shall save yourself.

Ezekiel 33:7-9

You, our modernist friends are welcome to ignore the advice of Ezekiel that I’ve in duty repeated to you or choose to embrace it. You have the rest of your lives to do so…

…after that you’re on your own and I wish you the very best of luck.

Postscript. I know today was going to be the Trump advice piece that I wrote two days ago but this coming out the day before Ash Wednesday was ready made for the occasion. I’ll get the trump thing up tomorrow.

For quite a while I’ve been the voice crying out in the wilderness suggesting the days of the draft were getting closer

Now others are not only seeing it but calling for it as well:

The Department of Defense in 2022 found that only 23% of people in prime military age (ages 17 to 24) qualify for service. Why so low? Obesity, drugs, mental/physical health, or a combination of these. Obesity is the largest single factor. 

To combat this trend, in 2022 the U.S. Army created two “prep-courses” that recruits can attend prior to Basic Training. One 90-day prep-course helps recruits meet body fat standards. The other course helps recruits achieve higher scores on the Armed Forces Qualifications Test. The U.S. Navy recently announced that it has raised its age limit to 41 years, the oldest of any service (thus far).  

This is sounding alarm bells. The recruiting pool is getting shallower.

There has been much discussion recently in how to fix this problem within the framework of the all-volunteer military. Perhaps it is time to put into action an old saying, “If you want a new idea, look in an old book.” 

Bring back the peace time draft. 

It’s interesting to note that Professor Szalma did not mention the really key thing that is hurting recruiting, the war on military members both from the forced jab and the forced wokeness to the point where you get this from military families:

Listening to friends, other vets, and fellow Marines, that has to be happening more often than not. When I pose that question, “Would you tell a kid today to go in/enlist?” the first exclamation out of their mouths rhymes with “duck” and is followed by an emphatic “NO!”

It is so toxic.

this of course wouldn’t be a problem if the military has a large pool of potential volunteers but as I wrote way back in 2006 commenting at Instapundit two years before I started blogging myself:

Since the 60′s two unifying forces, for good or ill, were removed from the country: the removal of Judeo/Christian values as the semi-official moral code of the public schools) and the death of the draft/aka Vietnam. (actually ending in the 70′s). These two changes had one thing in common, it took two generations for them to have the following effect:

It is now unlikely that a student going to school today, had a teacher or parent who 1. Served in the military or 2. Was taught that moral code in school. To a whole generation now being born these are things that belong to outsiders. This makes the military and religious people outsiders and strange to one group and vice versa. Since the military draws predominantly from those two groups it will become more isolated from the rest of the public as time goes by.

This is not healthy for our country. What is worse is that one group has slowly vilified the military assuming them to be all dupes or thugs. A lot of this was political rhetoric but it has grown as a matter of faith.

And remember that was written 17 years ago.

Bottom line if you have a small pool of volunteers that you counted on and after decades of vilifying them said pool finally tells their kids to avoid service what do you get?

A Draft to make sure those officers who towed the woke line their superiors have pushed since the days of Obama have someone to command.

On the question of the need for a draft Glenn Reynolds answers: “Well, No, but if he keep wrecking military recruitment through lousy management we may get one.” I disagree.

Unless by some miracle we get a GOP president willing to clean house both in the DOD and among woke officers from Major on up a draft is coming. Folks are now talking about it openly and I suspect we’ll see it happen before this decade is over.

I can’t wait to see the reaction of Portland Oregon & Seattle. It will soften the blow.

Closing thought #1 Since the congress never got around to making women eligible for the draft watch a bunch of blue state boys suddenly start defining themselves as women when it comes. Alas they’ll be surprised at how fast even Justice Brown figures out what a woman is and isn’t once the deep state decides they need the manpower.

Closing thought #2 If you thing Social Security is a budget buster wait a few decades after the return of the draft and 10-20% of the population rather than two is eligible for veterans benefits.