August 9-12, 2013

Aug 09 02:20 Gov. Dayton, Democrats tax first, think later
Aug 09 02:58 Daudt, Hann pledge bipartisan support
Aug 09 13:08 The case for capitalism, conservatism

Aug 10 12:44 Political pandering 101

Aug 11 09:29 Juan Williams calls Sharpton a hustler
Aug 11 12:26 The I-don't-give-a-shit administration

Aug 12 13:03 Race-baiting Ellison flunks history
Aug 12 14:02 Judge rules Bloomberg violated Constitution

Prior Months: Jan Feb Mar Apr May Jun Jul

Prior Years: 2006 2007 2008 2009 2010 2011 2012



Gov. Dayton, Democrats tax first, think later


This article is proof that Democrats raise taxes reflexively, then think about the negative consequences of those tax hikes later:




In a sudden reversal, Gov. Mark Dayton says he's open to expanding the scope of a possible special session to include the repeal of a new sales tax on farm equipment repair. Dayton shared his revised position Thursday at Farmfest, according to media reports. An aide later confirmed the shift.



His willingness to look beyond a storm disaster relief measure is a stark turn from two days earlier when he said other measures could wait until next year.


Gov. Dayton is doing this for purely political motives. It isn't that he thinks there's anything wrong with taxing farm equipment repairs. It's that he thinks this tax increase hurts him with farmers.



Throughout his term, Gov. Dayton has raised taxes first, then rethought things afterward. Gov. Dayton's entire term has been that of him checking something off his progressive checklist, then changing his mind. His reconsiderating the special session is a perfect example of his instability:




His willingness to look beyond a storm disaster relief measure is a stark turn from two days earlier when he said other measures could wait until next year.



On Tuesday, Dayton criticized efforts to put other topics in play as "grandstanding."


This is telling. Gov. Dayton criticized Republicans when they spoke about using the special session for addressing taxes, calling it "grandstanding." It isn't surprising that Gov. Dayton thinks it's a great idea now that Speaker Thissen is proposing expanding the special session to repeal a Dayton/Bakk/Thissen tax increase that isn't popular.



House Minority Leader Daudt isn't letting Gov. Dayton's indecision slip quietly into the night:




'Just one month after Democrats' new taxes took effect, they are now admitting Republicans were right. We've stood alongside Minnesotans all along, telling Democratic lawmakers in St. Paul that hardworking taxpayers can't afford to pay more. But Governor Dayton, Speaker Thissen and legislative Democrats refused to listen. Today, Governor Dayton and Speaker Thissen announced they agree with us that their tax hikes, like the farm equipment repair tax, are bad for Minnesota. Furthermore, the governor has also reversed his position, conceding that the warehousing tax needs to be repealed,' said Rep. Daudt. 'Republicans agree that Democrats' tax increases hurt Minnesota families and farmers and they should be repealed. By using Special Session to fix their mistakes, consider this a 'Do-Over' Session for Democrats.'


The special session was first considered for spending federal disaster relief money. That's still part of the agenda. The difference now is that Gov. Dayton and Speaker Thissen are expanding the session for political disaster relief in the form of repealing parts of their unpopular tax increase.



It isn't new that Democrats don't think tax increases through. Here's another example of them taxing first, thinking after:




REP. ZELLERS: But if I pay him every month $20 or $100, is that going to be or is he going to have to start collecting sales tax and remitting it to the State of Minnesota?

COMMISSIONER FRANS: : He probably would. If it was a monthly charge, then there likely would be a sales tax charge.

REP. ZELLERS: So then someone mowing my lawn, someone shovelling snow for me during the winter time or a babysitter?

COMMISSIONER FRANS: Those services would generally all be covered by the sales tax.


Gov. Dayton didn't think the sales tax through. If they had, they wouldn't have initially proposed a sales tax on kids for mowing people's lawns. Again, it's a matter of taxing first, thinking after.



Democrats will insist that this shows Gov. Dayton is flexible. That's BS. It shows he thinks social justice first, fairness second and economic growth somewhere down the list of priorities. The thought of 4 more years of this type of economic foolishness is a business's worst nightmare. Gov. Dayton's economic priorities aren't Minnesota's priorities.

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Posted Friday, August 9, 2013 2:20 AM

Comment 1 by Chad Q at 09-Aug-13 06:57 AM
I guess the tax bill was like Obamacare, had to pass it to find out what is in it. If there was any doubt that the DFL and Dayton are incompetent and unfit to run the government, this farm tax along with the warehousing tax that they passed and now want to repeal removed any of that doubt. Oh yeah, the Vikings stadium funding problem is another good example of their incompetence but that a whole other story.

Comment 2 by Gary Gross at 09-Aug-13 07:38 AM
Chad, the saddest part of this is that there's a lengthy list of examples of the Dayton administration's incompetence.


Daudt, Hann pledge bipartisan support


Thursday, Speaker Thissen and Sen. Bakk sent a letter to Rep. Daudt and Sen. Hann asking for bipartisan support during the upcoming special session. Thursday afternoon, Rep. Daudt and Sen. Hann pledged their support in a hand-delivered letter:
We received your letter regarding a proposed Special Session. Our top priority is to provide disaster relief to the eighteen counties included in the disaster relief declaration signed by President Obama. We have a rich tradition of supporting Minnesota counties and nothing should stand in the way of Minnesotans receiving the support they need.
Republicans will support the disaster relief proposal. That said, they didn't stop with just their support:
Furthermore, in an effort to help hardworking farmers and all Minnesotans, it is critical that we repeal your equipment repair tax and your warehousing tax. Governor Dayton has publicly stated that he supports repealing both of his new taxes.
Rep. Daudt and Sen. Hann didn't stop with that, instead choosing to remind people what the Democratic legislature did this past session:
Republicans are ready to fix the mistakes Democrats made in the last session and provide the needed disaster relief funds.
Clearly, Republicans will use the counterproductive Dayton/Bakk/Thissen tax hikes as a weapon in next year's campaign. Republicans must have proof that this issue is hurting Democrats, especially in swing districts. I suspect it's hurting Gov. Dayton, too, partially because he's trying to change history, partially because he's dramatically changed his tune.

This special session will be all about disaster relief. Part of it will focus on providing federal disaster relief funds. Part of it will focus on repealing part of the Democrats' disastrous tax increases.

Posted Friday, August 9, 2013 2:58 AM

Comment 1 by walter hanson at 09-Aug-13 05:14 PM
Gary:

I approve of what Hann and Daudt did. The headline though doesn't match what they did especially for your readers.

Maybe:

Hann and Daudt open the 2014 campaign big time!

Walter Hanson

Minneapolis, MN


The case for capitalism, conservatism


When it comes to highlighting liberals' wrongheaded economic thinking, nobody's been better at it than Milton Friedman. This video is a great example of Friedman's wisdom:





Friedman's wisdom on the subject of minority education is playing out in big cities daily. First, Friedman said that nothing traps young people in poverty more than underperforming "government schools." That's being verified by the fact that the DC Opportunity Scholarship program has far more minority applicants than scholarships. The documentary "Waiting for Superman" highlights parents as they attempt to rescue their children from government schools by getting them into charter schools. In St. Paul, a healthy portion of the families wanting their children in charter schools are minority parents.



Time after time, minorities are hurt by government schools. What's worst is that the teacher unions and Democrat politicians protect bad schools. New York City is famous for its Rubber Room :




Educators accused of breaking rules, abusing kids, or simply failing to provide students with a decent education, will be paid a stunning $22 million by the city this year for doing absolutely nothing.


Charter schools aren't restricted by union rules, which gives them more latitude to innovate. Charter schools can get rid of underperforming teachers quickly, something government schools can't do.



Here in Minnesota, Republicans included a Basic Skills Test requirement in the Omnibus Education Bill that Gov. Dayton signed. This year, with the DFL running state government from A to Z, Democrats repealed the Basic Skills Test requirement. It wasn't surprising that Gov. Dayton didn't hesitate in signing the requirement's repeal.

The message that sends to teachers is that competence isn't required, that a union card is what's important. That cheats students by telling parents, students and teachers alike that union membership is more important than high quality teachers.

Friedman also explains why increasing the minimum wage hurts minorities. Mitch Berg's post highlights why increasing the minimum wage is actually keeping unemployment high:




The inevitable result of across-the-board minimum wage hikes? Fewer minimum wage jobs.



Case in point; as minimum wages around the country rose during the 2000s, McDonalds started pre-cooking its hamburger patties, so they'd only need to be reheated in the stores. This got rid of most of the traditional 'burger-flipper' jobs, the ones that liberals sneered at but provided hundreds of thousands of opportunities for teens and others entering and re-entering the workforce to learn how to show up for work on time and do a good job at something.


Democrats will argue that increasing the minimum wage doesn't affect hiring. They're wrong. It's accurate to say that increasing the minimum wage doesn't always affect unemployment. Democrats think businesses owe it to society to hire people. That's wrongheaded thinking. Entrepreneurs hire people if they think it'll makes them money. Period.

If hiring a person at minimum wage will hurt profits, businesses won't hire people. It's that simple. The benefit must exceed the expense. If it doesn't, unemployment is the result. It's that simple regardless of what Rep. Winkler and other Democrats say.




The move is designed to boost efficiency and make ordering more convenient for customers. In an interview with the Financial Times, McDonald's Europe President Steve Easterbrook notes that the new system will also open up a goldmine of data. McDonald's could potentially track every Big Mac, McNugget, and large shake you order. A calorie account tally at the end of the year could be a real shocker.



The touch screens will only accept debit or credit cards, adding to the slow death knell of cash and coins. This all goes along with an overall revamp of McDonald's restaurants worldwide aimed at projecting a modern image as opposed to the old-fashioned golden arches:


While it'd be pushing it to say that McDonalds is installing these touch-screen ordering kiosks because of the minimum wage, it isn't a stretch to say that installing those kiosks will help McDonalds avoid dealing with minimum wage employees. Rep. Winkler isn't interested in increasing the minimum wage to help the working poor. He's interested in it because many union wages are based on the minimum wage.



Limiting government's size and influence isn't just an ideology. It's a time-tested method for ushering in lengthy periods of prosperity. Capitalism is still the greatest weapon in fighting poverty and creating upward mobility.




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Posted Friday, August 9, 2013 1:08 PM

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Political pandering 101


When Mark Dayton worked in Washington, he was pretty much worthless. Even he gave himself a failing grade. Minnesotans agreed, which is why Republicans were salivating at the thought of running against him in 2006. One thing he was good at, though, was pandering, especially when it came to the Democrats' "groups." This week, there was a sighting of Gov. Dayton the pander bear at FarmFest, the annual event where politicians do their best to pledge their undying loyalty to the family farm.

This time, Dayton the Pander Bear was in plain sight :




In a sudden reversal, Gov. Mark Dayton says he's open to expanding the scope of a possible special session to include the repeal of a new sales tax on farm equipment repair. Dayton shared his revised position Thursday at Farmfest, according to media reports. An aide later confirmed the shift.


Liberal pundits will characterize Gov. Dayton's stunning flip-flop as Gov. Dayton being flexible. That's BS and they know it. It's proof positive that Gov. Dayton won't hesitate in raising taxes without first thinking things through whether the tax increase is counterproductive.



In his mulligan budget, Gov. Dayton proposed requiring kids mowing lawns or shoveling snow to collect sales tax from their clients, then remitting those pennies to the Minnesota Department of Revenue. As with other Democrats, Gov. Dayton prefers a raise taxes first attitude.

Personally, I'd characterize Gov. Dayton as a flip-flopper and an economic illiterate. The reality is that people repeatedly told him the business and service sales taxes were terrible ideas during the regular session. Ditto with the warehouse tax. Gov. Dayton's appetite for raising taxes was stronger than his common sense or his desire to grow Minnesota's economy.

In addition to him being a flip-flopper, Gov. Dayton is a political grandstander:




His willingness to look beyond a storm disaster relief measure is a stark turn from two days earlier when he said other measures could wait until next year. On Tuesday, Dayton criticized efforts to put other topics in play as "grandstanding."


Gov. Dayton and the legislature screwed things up mightily this past session. They raised taxes by an extraordinary amount. They increased spending on their special interest allies exponentially. Last but not least, they repealed accountability requirements for teachers.



Gov. Dayton's already chased one major company from Minnesota. Why do people think he knows anything about growing Minnesota's economy? When it comes to budgets, he's proposed more budgets in 3 years in office than Pawlenty did in 8. (Not literally, though they are tied with 4.) In 2011 and 2013, Gov. Dayton proposed massive tax increases in his initial budget, only to retreat and propose mulligan budgets a month later.

Gov. Dayton insists that he didn't know this sales tax provision was in the Tax Bill, which isn't believable. It wasn't long ago that I wrote this post about the Minnesota Department of Revenue creating pdf files listing what things were now included in the sales tax. Gov. Dayton is either lying or he isn't too bright. If the Department of Revenue knows the content of the Tax Bill, Gov. Dayton should, too.

Gov. Dayton apparently trusts in a tax and pander first, think later approach. Meanwhile, hardworking Minnesotans get hurt because of Gov. Dayton's inattentiveness.

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Posted Saturday, August 10, 2013 12:44 PM

Comment 1 by J. Ewing at 10-Aug-13 08:50 PM
I long ago quit wondering whether Democrats like Dayton are incompetent/stupid or just plain evil. I've decided it doesn't make much difference and the only thing to do is to simply defeat them at every opportunity. Now if you can prove to the public they are grossly incompetent (somehow getting through the Praetorian press), you can replace them with a Republican, any of which can do better.


Juan Williams calls Sharpton a hustler


In an appearance on FNC's "The Five", captured in this video, Juan Williams passionately called Al Sharpton and Michael-Eric Dyson race hustlers and civil rights hucksters:



This op-ed is, loosely speaking, a transcript of Juan's opening monologue. The first 3 minutes of the video are especially powerful. That's where Juan called Michael-Eric Dyson out for not providing solutions. Here's part of Juan's opening monologue:




Two of the worst: civil rights activist and MSNBC host Al Sharpton and Georgetown University Professor Michael Eric Dyson. Their goal: demonize white people, especially conservatives like Bill O'Reilly, so they don't have to deal with the real problems that continue to plague the black community. Making an older, conservative white guy like O'Reilly a boogie man is easy for these hustlers.



But do they ever confront the real problems and threats in the minority community? No. High murder rates? How about that? What about high dropout rates? What about the breakdown of the family?


After Juan's opening monologue, Dana Perino noted that Juan didn't read the monologue off a teleprompter, that he spoke it from the heart. She then said that Juan's opening monologue might've been the most impressive monologue in "The Five's" history. I wouldn't disagree with that, though I'd highlight the fact that all 15 minutes of the video are must-see video. During another exchange with Dana Perino, Juan highlighted something important. Starting at the 4:40 mark, here's what Juan said:






DANA PERINO: What is the most important thing we could address the problem?

JUAN WILLIAMS: For me, it's education. I grew up as a poor kid. If it wasn't for education, I wouldn't be anywhere so, in other words, I had a tiger mom and a black tiger mom who said "you're gonna get good grades, you're going to stay in school, you're gonna work and, not only that, you're going to achieve. You're not just going to hang in there. You're going to achieve.


I applauded Juan for saying that when I watched that monologue live. I'm applauding him again while I'm watching the video this morning. Juan didn't stop there:






JUAN WILLIAMS: So if we're serious about this, we go about taking on the unions, going at school reform, going at charter schools, going at vouchers. That's why people say 'Well, they provide a lot of jobs.' You know what, unless you're educating kids, unless you're loving kids, you're not doing anything. You're not helping.


That's powerful because a black liberal is talking about taking on the teachers unions, promoting school reform, charter schools and vouchers as solutions to black poverty. That's something you won't hear from Michael-Eric Dyson or Al Sharpton. I give Juan credit for writing this great op-ed because it's part of the solution:




Here is the track record for that solution as I wrote about it in my book, "ENOUGH: The Phony Leaders, Dead-End Movements, and Culture of Failure That Are Undermining Black America--and What We Can Do About It." 'The poverty rate for any black man or woman who follows that formula is a mere 6.4 percent: in other words by meeting those basic requirements black American can cut their chances of being poor by two-thirds: even white American families have a higher poverty rate than black people who finished high school, got married, had children after 21 and worked for at least one week a year.'



The key for black women is also in the formula - do not have a baby outside of a strong marriage. Over a third [35 percent] of the black women who have children out of wedlock - now tragically more than 70 percent - live in poverty.



By comparison, only 17 percent of black women who are married live in poverty. And black children with both parents at home have a better chance for success, fewer dealings with the police, higher graduation rates and are more likely to marry before they have children.



Marriage and the presence of adults as role models and loving disciplinarians is absolutely critical helping young black men build the self-esteem that puts them in position to make good decisions that lead to the road to success.


While Juan repeats many of the Democrats' talking points, these statements definitely don't mimic Al Sharpton or Michael-Eric Dyson or Julian Bond or other race hucksters. These are time-tested solutions.



There's another important lesson that needs to be learned from this discussion. While Sharpton's, Dyson's and Jesse Jackson's statements are incendiary and counterproductive, Republicans aren't without blame, either. Republican politicians should make frequent visits into the minority communities. While they're there, they should follow a specific pattern.

First, Republican politicians should introduce themselves, then start listening. People that listen signal to the talker that what they're saying is important. I coined a phrase years ago about that: "The fastest way to confer dignity on people is by listening intently because it sends the message that what they're saying is important."

When they hear something that approaches common ground, they should highlight that and express the fact that they're willing, even eager, to work with minorities on improving their lives.

In the end, this isn't a political issue. It's a moral issue. I'm no fan of NCLB but I agree with President Bush's statement that we need to end "the soft bigotry of low expectations." That's what Juan passionately and eloquently spoke about. It's what Michael-Eric Dyson, Al Sharpton and Jesse Jackson won't talk about. It's what Republicans should do a better job of prioritizing.

In the end, that's the ultimate solution.

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Posted Sunday, August 11, 2013 9:29 AM

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The I-don't-give-a-shit administration


Friday afternoon, President Obama held his first press conference since April. Then he left with his family for his third major vacation of the year. The president's apologists reflexively tell us that presidents are entitled to take vacations and that there's nothing unusual about President Obama's vacations. One idiot on CNN went so far as to say that President Bush took 4 months of vacation per year. That's BS but it's beside the point that President Obama hasn't shown he's interested in solving America's problems, most of which he created.

He's been the make-a-speech-then-disappear-president. He's been the arrogant SOB president. Mostly, he's been the president who doesn't give a shit. He enacted a failed economic plan, including the PPACA, then checked out since. Occasionally, he pops his head out to give another speech insisting that his plan is working. Right after the monthly jobs report, Alan Krueger posts something on the White House blog insisting that President Obama's plan is working :




While more work remains to be done, today's employment report provides further confirmation that the U.S. economy is continuing to recover from the worst downturn since the Great Depression. It is critical that we remain focused on pursuing policies to speed job creation and expand the middle class, as we continue to dig our way out of the deep hole that was caused by the severe recession that began in December 2007.


Of course, Krueger won't talk about the fact that 77% of the jobs created this year are part-time jobs. President Obama pretends that the economy is in good shape in between weekly rounds of golf or celebrity get togethers at the White House. (Apparently, the White House has enough money to entertain celebrities but doesn't have the money to host White House tours for school kids.)



Has President Obama done anything to improve teacher quality in schools? Don't be silly. He won't challenge the unions. The kids be damned. Did President Obama do anything to make life easier for small businesses? That's marginal at best. All he seems to care about it the stock market going up so he can deceitfully point to it as proof his policies are working. Wall Street is flourishing because Bernanke is flooding the market with cheap money, not because Obamanomics is working.

What has President Obama contributed to improving life in the black community? The Beer Summit doesn't count. Has he lectured Jesse Jackson, Al Sharpton and Michael-Eric Dyson for their race-baiting diatribes? Of course not.

Has President Obama criticized Rahm Emanuel and other Chicago leaders about the racial violence there? Definitely not. That's because he thinks letting people arm and protect themselves is bad public policy. God forbid someone actually had the capability to defend themselves.

How many lavish vacations have President Obama and Michelle Obama taken while Americans suffer from his policies. How much money have they spent on lavish vacations to Spain, Aspen, Hawaii and Martha's Vineyard?

When President Bush left DC for Crawford, TX, he made a point of weekly meetings on the economy and national security. When President Obama leaves for Hawaii or Martha's Vineyard, it's all about him swimming, dining out and relaxing.

We don't need a president who's disinterested in solving America's problems. We need a president who'll solve real problems that the American people, not DC, cares about. We can't afford another 3 years of an I-don't-give-a-shit administration.

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Posted Sunday, August 11, 2013 12:26 PM

Comment 1 by Chad Q at 11-Aug-13 06:37 PM
Obama only wants to be president for the benefits, not the responsibility. Nothing is ever his fault, he refuses to make the buck stop at his desk, and he never seems to know what is going on. If a republican president had been this seemingly inept, the media would have eviscerated him. Oh wait, oh never mind. Hate is a strong word but I hate this man and everything he stands for.


Race-baiting Ellison flunks history


In his most recent e-letter update , Keith Ellison suggested that the United States is just as bigoted now as it was in the 1960s:




Senator Klobuchar and I called on Congress to protect voting rights after the Supreme Court struck down Section 4 of the Voting Rights Act that protected voters in states with a history of voter suppression. The action of the Court was a step back for voting rights in the country.


With people like Sen. Klobuchar and Rep. Ellison, bigotry never disappears. The Supreme Court sees things differently :




(3) Nearly 50 years later, things have changed dramatically.Largely because of the Voting Rights Act, '[v]oter turnout and registration rates' in covered jurisdictions 'now approach parity. Blatantly discriminatory evasions of federal decrees are rare. And minority candidates hold office at unprecedented levels .' Northwest Austin, supra, at 202. The tests and devices that blocked ballot access have been forbidden nationwide for over 40 years. Yet the Act has not eased §5's restrictions or narrowed the scope of §4's coverage formula along the way. Instead those extraordinary and unprecedented features have been reauthorized as if nothing has changed, and they have grown even stronger. Because §5 applies only to those jurisdictions singled out by §4, the Court turns to consider that provision.Pp. 13-17.


Sen. Klobuchar and Rep. Ellison insist that the extraordinary circumstances that temporarily justified the federal government's intervention in state-run elections in 1965 still exist. Moreover, they insist that the remedies implemented in 1965 haven't worked.



They're entitled to their partisan opinions but the facts don't support their opinions.

Though he's an attorney, it's apparent that Rep. Ellison doesn't respect the Constitution much:




The right to vote should be guaranteed and that's why I've introduced a constitutional amendment with Rep. Mark Pocan to do just that. The Pocan-Ellison Right to Vote Amendment would amend the Constitution to provide all Americans the affirmative right to vote and empower Congress to protect this right.


First, this proposed constitutional amendment won't get a hearing because it's at odds with the Ninth and Tenth amendments. States administer elections through counties. The federal government isn't equipped to enforce election laws. That means Ellison's talk about empowering "Congress to protect this right" is just that -- talk.



Second, this is political grandstanding meant to fire up minority voters. This doesn't have anything to do with good governance. It has everything to do with Ellison and other Democrats playing the race card right before the 2014 election.

Third, this is the Democrats' war on election integrity. Klobuchar's and Ellison's proposal has everything to do with preventing Photo ID from becoming more popular. In Minnesota, Democrats know how to undermine election integrity. They've undermined election integrity by refusing to promptly updating the Statewide Voter Registration System, aka SVRS, which HAVA, the Help America Vote Act, requires.

We know this because hundreds of felons, both those still in prison and those who haven't had their rights restored, are still on Minnesota's SVRS. We know this because registrations that were submitted in 2008 had addresses that turned into empty lots. Six years after the fact, those 'empty lot voters' are still on the SVRS.

How likely is it that the federal government would be even slightly interested in maintaining the integrity of the SVRS's for 50 states, especially considering how disinterested they've been in this since 2003?

Ellison is a race hustler on a par with Sharpton, Jackson and Michael-Eric Dyson. His agenda is focused mostly on stirring up racial hostilities where they don't exist.

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Posted Monday, August 12, 2013 1:03 PM

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Judge rules Bloomberg violated Constitution


A federal judge ruled that New York's Stop, Question and Frisk program is unconstitutional :




U.S. District Judge Shira Scheindlin ruled in the case of four men who say police unfairly targeted them because of their race. There have been about 5 million stops during the past decade, mostly of black and Hispanic men.



Scheindlin appointed an independent monitor to oversee changes to stop-and-frisk.



The New York Police Department deliberately violated the civil rights of tens of thousands of New Yorkers with its contentious stop-and-frisk policy, and an independent monitor is needed to oversee major changes, a federal judge ruled Monday in a stinging rebuke for what the mayor and police commissioner have defended as a life-saving, crime-fighting tool.


Mayor Bloomberg's disdain for the Bill of Rights is apparent:






Mayor Michael Bloomberg is vowing to appeal a federal judge's ruling that the New York Police Department violated the civil rights of tens of thousands of New Yorkers with its stop-and-frisk policy. Bloomberg said at a news conference Monday that the judge displayed a "disturbing disregard" for the "good intentions" of police officers.


The "good intentions" of New York's police officers is irrelevant. This is relevant:




During the trial, Judge Scheindlin indicated her thinking when she noted that the majority of stops result in officers finding no wrong doing.



'A lot of people are being frisked or searched on suspicion of having a gun and nobody has a gun,' she said. Only 0.14 percent of stops have led to police finding guns. 'So the point is suspicion turns out to be wrong in most cases.'


By every definition imaginable, these constitute unreasonable searches. When one-seventh of 1% of searches find something, that's a fishing expedition. Mayor Bloomberg's good intentions notwithstanding, this doesn't pass constitutional muster. One of the only times when police don't need a search warrant is when something is in plain sight.



Clearly, that doesn't apply to these cases.

Bloomberg will appeal the case but he'll lose that appeal. This isn't complicated. The Fourth Amendment is quite clear. It protects against unreasonable searches and seizures. By appealing, Bloomberg is essentially arguing that police officers have the right to go on fishing expeditions without a warrant. The Constitution states quite clearly that that's prohibited.




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Posted Monday, August 12, 2013 2:02 PM

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