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Hi all. This morning’s DaTechGuy off DaRadio Datechguy’s Midnight Court podcast talks about

  1. Judge Sullivan “lawyers” up
  2. China & Schools, Professors and activists for Sale
  3. The Return of Mass

You can watch the livestream here

Hope you enjoy it

Thanks to our abysmal educational system most of us do not have a proper understanding of the US Constitution, mostly in regards to the relationship between the federal government and states. Under the original understanding of the Constitution the States are mostly independent nations held together by a weak federal government.  That has not changed, only our elected officials have ignored the original meaning. 

The US Constitution as originally ratified only restrained the states in a few key areas, all of which are listed in Article 1 Section 10.  It was very difficult for state laws to violate the US Constitution.   We have been conditioned to mistakenly believe the Supreme Court has the authority overturn state laws and state laws do regularly violate the US Constitution. 

If it was not for the ratification of the Fourteenth Amendment the state Coronavirus lockdowns and other actions would not violate the US Constitution.  Here are the clauses of that amendment which are violated by the state lockdowns.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor to deny to any person within its jurisdiction the equal protection of the laws.

The shelter in place orders and similar lockdown orders deprive a large percentage of the inhabitants of the states of their liberty.  Liberty is the freedom to do as you please as long as you don’t hurt anyone.  A state or local government can only deprive an individual of their liberty if that individual has been found guilty in a court of law. There are no exceptions for emergencies.  Forcing stores to close also violates the liberty of the owners and workers of the stores.

Labeling certain individuals as essential and others not essential workers and allowing them to travel based on that classification violates the equal protection clause.  Closing only certain stores also violates the equal protection clause.

According the Section Five of the Fourteenth Amendment the US congress through the formal legislative process not the Supreme Court has the authority to overturn state laws that violate that amendment.  That was done in response to the Dred Scott Case.

Lockdowns violate the Rule of Law.  This concept is defined by the Oxford Dictionary as:

The restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws

These lockdowns are arbitrary rules made up by governors.  They apply only to certain individuals.  They are not well thought out and do tremendous harm.  They are unjust rules.

Be careful which dictionary you use, some are deeply erroneous.  Here is how the Merriam Webster dictionary defines the Rule of Law “a situation in which the laws of a country are obeyed by everyone.” For the Rule of Law to apply the law must be just and it must be a valid law passed by those with the proper authority.  Ignoring or protesting unjust laws are valid methods of maintaining the Rule of Law.

The Coronavirus lockdowns and everything else violate state constitutions and state laws. That is the proper level for fighting these unjust rules and practices.

There is quite a bit of irony in watching governors like Newsom say this

Newsom told CNN’s “State of the Union” that a state bailout was not “charity” and that Congress has a “moral and ethical obligation” to help Americans across the country.

Let’s point out three things:

First: The Trump boom.

Until the virus hit the country had been booming tax revenues were pouring into states from the strong economies and for all their anti Trump talk, blue states with their excessive pension plans and spending where the one who stood to gain the most from these extra revenues.

Second: The wasted chance

A lot of states that didn’t vote for Trump took that extra revenue that the Trump boom generated and blew it. Massachusetts for one:

Six months ago if you were a Massachusetts business, you were thinking about how you would use those tax cuts to grow your business, now you are thinking if you have 50 employees you are going to have to make sure you can generate an extra $100,000 next year and $400,000 by 2023 to cover the wage increases for those fifty folks, not to mention the taxes that come along with it.

So while business in other states take advantage of both the Trump boom and the Trump tax cut to expand their production, modernize equipment, bring in new workers, pay bonuses to reward their best workers businesses in Massachusetts are going to have to think twice before taking any steps knowing those low skill workers will add $8000 to the debt side of their ledger each.

It would have been wiser to pay down pensions debts, or let the Tax revenue come in but in fairness to Baker, with Democrat super majority in each house the best he can do is get something in a deal. In a lot of other states with Democrat governors there isn’t a need for a deal it was all in for party time.

Third: Praying for Disaster

For two years we heard Democrats publicly, even hope for a recession because they thought that the strong economy which was good news for the country, was also good news for Trump. Like this:

And this:

Bill Maher said Friday that he is “hoping” for the bottom to fall out of the economy and for the country to enter a recession so we can “get rid of Trump.” He said one way to do that is a “crashing economy.” Maher said he is “sorry” if it hurts people, but rooting for a recession is a prevention measure to losing democracy

and when they couldn’t bring it about themselves they talked it down as best they could:

Attempting to talk the country into an economic recession is perhaps the lowest the Democrats can go in order to gain power.  It illustrates that power, not the good of the country, is their ultimate goal.  It is a sickening turn of events for a political party already in the gutter.


Well the left got their Made in China recession with unemployment spiking and business’ closed via decisions advised by the best and brightest based on computer models that have proved less than accurate. Furthermore as those models have happily proved inaccurate they have kept their states closed promising (and delivering) punitive action against those who did not obey while with their left/media allies have done all they can to demonize states that have reopened or as AJ Branco put it:

So to sum up, after wasting tax revenues from Trump boom, praying for recession, finally getting it in the hopes it will Damage POTUS and doing what they can to keep it rolling in their states despite the loss of the Tax Revenue that the Trump Boom brought NOW they want POTUS to bail them out?

HA!

By:  Pat Austin

SHREVEPORT – I went up to do my end-of-the-year cleanout in my classroom this week.  It was incredibly sad.

On a Friday morning at 10:30, second block should have been winding to a close and kids should have been anxiously waiting for the lunch bell at 10:40. The mid-day announcements would be coming over the intercom.

By the time I left, about 11:00, there should have been kids in the halls, duty teachers monitoring those kids, microwaves across campus warming up teacher lunches. The office should have been bustling, Mrs. Kiper, the secretary, laughing and lobbing wise cracks with kids and administrators. The library should have been filled with kids using the computers or playing board games at the tables. The courtyard should have been filled with kids burning off a little energy before third block. Teachers should have been making that last dash to the restroom before the long afternoon classes start.

None of that was happening.

The parking lot was empty.

There were ZERO students on campus.  My room was quiet as a tomb.

My room would have normally had a couple of kids in there eating lunch about that time of the day.

Instead, I found empty desks, library books abandoned in the baskets underneath.

I sighed, looked around, and went to get my things that I needed to work from home.

I missed the sound of kids, and the notes they would leave for me if they came by while I was out.

Every single kid was important to me, is important to me, and it just feels like we didn’t get to finish what we started. It feels tragic and sad…unfinished.

Their journals were still on my desk, graded, ready to return.

We left school on the Friday before Spring Break: March 6. My assignments from that day are still written on the board.

We all expected to come back to school when we left that day. Kids took library books home, textbooks, projects to finish, uniforms to wash, schedules to fill out for next year, and plans. They had plans for their graduation, prom, ring ceremonies, sporting events, and yes, academics. None of that happened.

So yes, all of that literally hangs in the air when you walk in the halls now. It’s a tangible thing.

I cleaned out the snacks I kept in my desk for kids that needed something to eat; that won’t keep until August. I took home my coffee cup, emptied the water in the Keurig. I looked through projects that weren’t finished, some that were, and I scored a bottle of GermX from my supply closet. I erased my board, bagged up things I needed to take home, and I turned out the light.

I am very curious, and perhaps nervous, about what school will look like when we return in August. While the Moderna coronavirus vaccine shows some early promise, there is still a long way to go before we have that option. A larger trial is expected this summer, but obviously won’t be ready before fall.

So, what will opening of school look like this fall? Smaller classes?  Online options? The typical high school classroom is not overly large and is usually filled with thirty or more students. Crowded lunchrooms, auditoriums, and even at university level, think of the crowded lecture halls. How are we going to manage these things?

Schools in Denmark opened several weeks ago with new distancing and hygiene measures in place and restrictions all across Europe are easing. Things such as staggered classes, sectioning off parts of campus, and no large gatherings are all options to consider. What of transportation? School busses filled with kids could also be a danger zone.

What are we to do? Hide from this virus? Wait for a vaccine? Or ignore it and get back to life as usual?

I don’t have the answers. All I know for certain is my own little world, my own small classroom, where sixty-five kids were upended in the middle of their academic year.

So much unfinished business.

Pat Austin blogs at And So it Goes in Shreveport and is the author of Cane River Bohemia: Cammie Henry and her Circle at Melrose Plantation. Follow her on Instagram @patbecker25 and Twitter @paustin110.