24thState

No on Prop P

Members of the St. Louis Tea Party Coalition in conjunction with St. Louis County Republicans have established a committee named No on Prop P.

Last year the state legislature passed enabling legislation for St. Charles, St. Louis County and St. Louis City to vote on a 3/16 of a cent sales tax awarding 40% to local parks, 30% to Great Rivers Greenway and 30% to City Arch River Project. St. Louis County must pass the tax increase or the vote is voided in St. Louis City.

St. Charles County has opted out of the tax increase. St. Charles County Executive Steve Ehlmann testified for informational purposes at the committee meeting in Jefferson City that cities could redirect tax payer money from the sales tax for unrelated development projects. Ehlmann is quoted in the Post Dispatch, “When people go to the ballot box and they vote on a tax increase, they need to be assured all the money goes where it is suppose to go."

St. Charles County Council did not allow the sales tax to be brought forward. County Council Republican Joe Brazil was quoted in the St. Louis Beacon “Whenever they need money for a bond issue (the City and St. Louis County) they come running over to us”. He was further quoted “If you want to be a metropolitan community it needs to go both ways. Not just when you need something.)

What Councilman Brazil was referring to was the city earnings tax. Residents of Saint Charles and St. Louis County pay 1% of their wages to St. Louis City for the privilege of working in the city. St. Louis County already contributes tax money for the following institutions, Zoo, Art Museum, Science Center, Botanical Garden and the History Museum. Yet residents of the city are not charged an earnings tax when they are employed in the surrounding counties. Regionalism needs to be reciprocal.

The No on Prop P committee is a grassroots effort to defeat Prop P in St. Louis County. County taxpayers will finance roughly ¾ of the funding for Great Rivers Greenway and City Arch River Project. City voters will more than likely support the tax. A city alderman advised me confidentially that the city would be foolish to vote down improvements paid for primarily by county residents. This tax is one further step closer to a city/county merger.

Internet Freedom: We Can All Agree on This

Back when Congressman Akin and I served in the Missouri State House together, he was not known for being the biggest tech guy, but he definitely is a lover of the Constitution and the Bill of Rights specifically, even teaching in depth seminars on America's founding. So the patriot adapted, in the true meaning of the "living breathing Constitution. Internet Freedom is a Constitutionally proetected right, no matter what a leftist wants to tell you.

disclaimer:I am certain the other two Senate candidates, Sarah Steelman and John Brunner would agree.

Akin leads letter to Sec. Clinton opposing U.N. regulation of the internet

20 Congressmen stand up for internet freedom

Washington, DC -- Congressman Todd Akin (R-MO) today released a letter he sent to Secretary of State Hillary Clinton regarding an upcoming United Nations conference on the internet. The proposals to be considered at the conference (the World Conference on International Telecommunications) have not been released by the UN, but have been leaked to an internet freedom website. The proposals, from countries like Russia, Iran and China, include a variety of ways to limit freedom on the internet. Congressman Akin, along with 19 other Congressmen, sent a letter to Secretary Clinton calling for her to stand up against these proposals or lead an effort to cancel this conference.

Congressman Akin released the following statement:

“The idea of the U.N. regulating the internet is deeply disturbing and should be opposed in every possible way. My colleagues and I are joining together to send a clear message to the administration that they must not allow U.N. regulation of the internet. The internet has proven to be an amazing benefit to America and the rest of the world over the last few decades. As a nation, we cannot stand idly by as the freedom of the internet comes under assault.

“Our Declaration of Independence speaks of the unalienable rights of “life, liberty and the pursuit of happiness.” While our Founders may not have imagined the internet when they wrote those words, the fact is that the internet is one of the most powerful tools of our age to help people around the world have life, liberty and pursue happiness.

“Together we are calling on Secretary Clinton to use all of the influence and power of the United States to prevent the United Nations or authoritarian regimes from increasing their control over the internet. If internet freedom remains under threat from the U.N.’s World Conference on International Telecommunications, we ask that Secretary Clinton form a coalition with other freedom loving countries to put an end to this process and prevent centralized government control over the internet.”

Letter (PDF): UN_Internet_freedom_letter_7-18-2012.pdf

 

Ladies and Gentlemen: Gina's Book Launches Del Mar Horse Racing Opening Day

Ok, shameless plug for my best girl. Please link it, "like" it, tweet it or otherwise share it, because the fruit of Gina's labor of love is born today. When the publisher, AMG established today as the date, who knew there would be so much excitement in San Diego surrounding the opening day of the 75th anniversary of the races at the Del Mar Thoroughbred Club.

So when the bugler plays "Call to the Post" at Del Mar, you won't see Seabiscuit, but you may see Gina, probably on her phone doing one of about 20 radio interviews today regarding the book she co-authored with Dr. Dathan Paterno, Ladies and Gentlemen: Why the Survival of Our Republic Depends on the Revival of Honor.

Phyllis Schlafly says,

"Dr. Gina and Dr. Dathan Paterno open a groundbreaking window to a world of chivalry, manners, and decorum that our younger generation has never visited and, indeed, has never even heard described. The feminists have repeatedly manifested a particular animosity toward the word “lady.” But this remarkable book puts male and female behaviors in proper focus, historically, biblically, and in contemporary relationships."

Pamela Geller adds,

"Gina Loudon and Dathan Paterno diagnose the political contro- versies of our age magnificently, rightfully perceiving them as symptoms of a much deeper malady. The unique and profoundly perceptive cures they prescribe are right on target. If the analyses in this book are heeded, our country will be on track to regain the position of preeminence that it once won not by force of arms, but by the power of ideas and the ladies and gentlemen who exemplify them."

About the book:

Ladies and Gentlemen studies the history of the terms that once elevated the ideal woman and man and illuminates how the structure of Western society established and maintained the virtues. In contrast, the book demonstrates how three movements—atheism, liberalism, and radical feminism—undercut these ideals, especially in the 20th Century. Rather than a dry history lesson, readers will understand the crucial contributions of government, family, literature/media, and churches in producing a culture that either esteems or debases the best of each gender.

Ladies and Gentlemen draws aggressive battle lines in today’s culture war, pressing Christians and conservatives to value all people, cherish manners, humility, and graciousness, and esteem virtue above self. It directly challenges politicians and media
personalities to honor and reflect a culture of honor, as well as calling all conservatives to reward public figures who exhibit these
traits, while rebuking or rejecting those who do not. The book exemplifies several public figures on both ends of the political spectrum who engender the traits of the lady or gentleman, as well as several who clearly fail.

Finally, Ladies and Gentlemen paints a portrait of modern civility, proving that women can be warriors without burning bras and men can be tough without smoking Marlboros on horseback. It instructs parents how to raise their own children to be ladies and gentlemen. Incorporating Biblical principles and an awareness of modern day challenges, it boosts parents’ ability to navigate the
murky waters of today’s culture.

 

The Missouri Plan

Good lawyers know the law; great lawyers know the judge. ~Author Unknown

 Last week representatives once again voted on an issue that at first seems complex, but ultimately breaks down to a question of the fundamental principles of governance.  SJR 51 puts changes on the ballot in the way our state selects judges.

In 1940 Missouri was the first state to adopt a new way of selecting judges with a “non-partisan” 7 member commission.  As a result, this idea has been named the “Missouri Plan.” In MO, this commission is comprised of three non-lawyers appointed by the Governor, 3 lawyers selected by the MO Bar and 1 Supreme Court Justice selected by the Supreme Court (i.e. another lawyer).  The Commission gives 3 options to the Governor for whom to select as Judge for any open seat on the court.  The Commission can continue to resubmit passed over selections to the Governor giving him very little choice in who he selects to the judiciary.  The commission members are selected for 6 year terms, as opposed to the 4 yr terms of Missouri’s Governor and Senators.

SJR 51 makes several significant changes.  First, SJR 51 requires the commission to give the Governor 4 options instead of 3 to fill a vacancy.  Second, and more significantly, it takes the seventh position currently chosen by the Supreme Court and gives the selection to the Governor, thus giving him the option to select 4 of the 7 commissioners. Third, it shortens the commission’s term from 6 to 4 years.

What do these changes have to do with the fundamental principles of governance? SJR 51 swings the balance of power in the commission from unelected lawyers to an elected, accountable Governor. The Declaration of Independence states that “Governments are instituted among Men, deriving their just powers from the consent of the governed.”  Furthermore, Article 1 section 1 of the Missouri Constitution states “That all political power is vested in and derived from the people; that all government of right originates from the people.”  Thus, all officers of the government should be selected in such a way that they are accountable, first to the Rule of Law or the Constitution, and secondly to the will of the people. As the third branch of our state’s government, it is absolutely imperative that members of the judiciary be accountable to those from whom they derive their just powers.  In the current plan, a majority of the commission selecting MOs judges is chosen not by the people or their representative(s), but by the Missouri Bar Association, an unelected and unaccountable society of lawyers.  This plan, combined with the fact that the judiciary in MO is self-policed (judicial discipline is handled by another unelected commission and any impeachment is tried by the Supreme Court) gives ample opportunity for legal cronyism.  SJR51’s small changes take the swing vote away from unaccountable lawyers and give it to the Governor who can be held accountable by the electorate for bad judicial appointments.

 SJR 51 is a constitutional change and will be on the November ballot this year.   There will be a lot of money spent attempting to convince voters that allowing lawyers to choose the judges in front of whom they present cases is less corrupt than allowing the people’s elected Governor the swing vote.  This year our state has the chance to regain some accountability in our third branch of government.

 

An Objective Assessment of the Trayvon Martin Shooting

Legal Insurrection provides the charge & jury instruction against George Zimmerman, regarding the shooting death of Trayvon Martin.

I figured I would delve into this in an objective manner, and provide parallels in Missouri law.

The Jury Instruction: 

There are three elements to prove 2nd Degree Murder in Florida: (1) the victim is dead; (2) the death was caused by the criminal act of the defendant; and (3) an unlawful killing occured in an immenently dangerous manner, demonstating a depraved mind without regard to human life.

(1) Trayvon Martin is dead.

(2) Trayvon Martin is dead because George Zimmerman shot him.

(3) The central factor in this trial comes down to the 3rd element of 2nd Degree Murder. There are three elements to demonstrate this: (a) an ordinary person would be reasonably certain to know the act would cause death or serious bodily injury; (b) the act was done with ill will, hatred, spite, or evil intent; and (c) the act itself indicates an indifference to human life.

(a) An ordinary person should be reasonably certain that firing a gun in the direction of another, at close range, could cause death or serious bodily injury.

(b) & (c) The trial will revolve around these two factors.  

I do not have the facts of the case, and cannot make an objective assessment of whether (b) applies.  Presumably, and in light of the prosecution's failure to include the lesser offenses in the Casey Anthony case, the prosecution would include the lesser offenses in this case.  'Culpable negligence,' as opposed to ill will et al., must be proved for a charge of manslaughter, but Florida's 'stand your ground' defense would probably negate this factor of the unlawful killing element.

As to (c), I am reasonably sure that a successful 'stand your ground' defense would also abrogate this factor and the element of unlawful killing, as the indifference to human life would be countered by the preservation of one's own life.

The 'stand your ground defense' requires that one "reasonably believes that such force is necessary to prevent imminent death or great bodily harm."  Again, I do not have the relevant facts (and we can be assured the press does not have them either), but this defense would certainly be available to George Zimmerman.  From what I understand, a judge could throw out the case immediately should that judge believe the defense is justified, but this will most likely be avoided as judges are elected in Florida (this is not an argument against abolishing the Missouri Plan) and a jury will likely determine whether the defense is justified.

In my personal opinion, if reasonable doubt exists as to whether George Zimmerman initiated contact with Trayvon Martin, I do not believe the prosecution will be able to prove 2nd Degree Murder.  If the jury believes George Zimmerman caused a confrontation with Trayvon Martin, regardless of initiation, I believe a jury could find him guilty of manslaughter.  That being said, the 'stand your ground defense' could nullify either charge.

Of course, none of this may preclude civil proceedings (think OJ Simpson), so one should not assume that a 'stand your ground' defense is an absolute bar to any punishment for George Zimmerman's action.  Do not take my word for it, as I have not located the relevant statutes, but I believe George Zimmerman's 'stand your ground' defense would only be a partial bar to damages.

If this had occured in Missouri, 2nd Degree Murder requires that the defendant "knowingly causes the death of another person, or with the purpose of causing serious physical injury to another person, causes the death of another person." Missouri's standard appears a little easier to prove.  And the 'stand your ground' defense only applies if the person asserting the defense was on property he owned or leased.  

In Missouri, George Zimmerman would probably be found guilty under the known circumstances of the event.  Now assume the facts show George Zimmerman acted lawfully in Florida, and ask yourself whether it would be just for a similar individual to be convicted of 2nd Degree Murder in Missouri, as a thought experiment.

Penn State and SLU - Really Bad Signs

Like a child throwing a temper tantrum when Momma takes away the toy, the children at Penn State are taking to the streets and behaving incredibly uncivilly in expressing their right to civil disobedience.  Where did they learn that this is how we act in America?  At Penn State?

 

Now, were the school doing something really terrible like banning students' rights to defend themselves with concealed weapons, violent protests still would not be in order.  Violent protests are for Marxists, not over privileged, self-entitled college students.  Losing a coach is no cause for violence.

Closer to home, there were stunning and horrific expressions of outrage at far less.  Two students, err. basketball players; Kwamain Mitchell and Willie Reed were suspended for a mere two months, meaning they would not miss a single regular season game.  They were accused of a gang style sexual assault on a young co-ed and originally tried by the official conduct board of the school and suspended for one year.  The Biondi administration threw out the sentence and saved the season sending a stunning message to all female students and their parents that basketball was just that important.

The SLU fans (or fanatics) took to the blogs, sports talk shows and comment sections of news accounts and viciously assailed the victim.  Someone had taken away their exciting pre-season and they wanted blood.

Sadly, the secular University handled the test better than the Jesuit University.  Both were confronted with horrible allegations involving sexual assault victims.  While Penn State's situation may be seen by some as worse, Penn State did not have the benefit of a full board hearing that SLU had.  The religious institution actually reduced the punishment and allowed the perpetrators to get off virtually scott free. That is sad.

What ought to give us pause however, is not the administrative decisions of the schools, as much as the reaction of the students.  What on earth have we taught them?  It appears that those things for which we fight begin with the right to winning sports franchises.  Justice for young boys and college girls will not cloud our thinking about our version of right and wrong.  This is what the fans are "expressing", whether that is their intent or not. 

We were all celebrating when the Cardinals won their 11th Championship in 2011.  Sports are great, but they are not life.  If that is contrary to what SLU is teaching their students, they should take a lesson from what Penn State just taught theirs.

"Empty the clip": Illegal Immigration Reform Yielding Results in Alabama

There are some very interesting numbers coming out of Alabama since their passing landmark immigration reform in June. How about decreasing unemployment and increasing passport applications? Yes, Mexican nationals are overwhelming passport offices to secure passage for themselves and their "anchor" children BACK to Mexico.

While radical leftist groups have joined with the Obama Administration justice department to assail Alabama for doing locally the job the Feds refuse to do, common sense law and order types now have numbers to show who is right. Teresa Ferguson is a Mama Grizzly who had never been involved in politics until she singularly took on the challenge of ending the devastating effects of illegal immigration in her community. After getting hit and run by an illegal in a town in which kindergartners are now majority Hispanic and brothels and methamphetamine are rampant, she decided to take action. She began by reaching out to candidates for statewide office, insisting they visit her county to see the damage first hand. One candidate for governor actually took an entire day out of his schedule to visit Marshall County. Alabamians now call the responsive candidate Governor Bentley. He signed the legislation in June.

Another lawmaker who visited with Mrs. Ferguson, State Senator Scott Beason called on Alabamians to get serious and "empty the clip" on the issue. He joined State Representative Micky Hammon in passing HB56, the most comprehensive, common sense illegal immigration law in the country. The law, despite being enjoined by the courts, has nevertheless produced amazing results yet to be reported anywhere. One highlight is a provision that empowers any citizen to sue law enforcement for not carrying out the provisions of the act. No sanctuary for any public servant inclined to selectively enforce the law. Genius!

Mrs. Ferguson reports that the local passport office that processed 139 passports in June of 2010, processed a stunning 469 in 2011; an increase of almost 300%. Knowing the laws are tightening, illegal residents are taking steps to assure the successful return of their "anchor" children as they slip back across the border. The other stunning statistic is that Marshall County, home to many chicken processing plants, has experienced a decrease in unemployment while neighboring counties see increases. Marshall County unemployment dropped almost a percentage point from 10% to 9.1% and neighboring DeKalb increased to 13%. Mrs. Ferguson explains, "The chicken plants are starting to hire local people".

So we see that sensible laws yield predictable results. When public servants deliver the message that laws will be enforced, people cease to flaunt them. When chicken plant operators lose illegal workers, they hire Americans again and one county experienced a 10% decline in unemployment. Imagine that.

Net Neutrality - Casting A Wide Regulatory Net To Neuter Us All - Part I

Looking beneath the transparency

Well... good news ladies and gents out there in the free and open skies of internet land.  Public spirited folks from the IT world are looking out for bad deed doers and speaking up for your interests. There are such keen eyes as these from a vigilant tech writer for PC Magazine (never realized how well named it was before) who has expressed his dismay at the regulatory process... not over the interference of government into the free flow of information across the internet... no, no... no. He has seen reports of something 'fishy' in the land of regulatory purity, and is shocked at what he's found.

Here, have a look:

"The end of the FCC negotiations is actually good news. What the FCC should do is execute its duties to oversee the industry without apologizing or asking permission. The FCC negotiations sought to compromise with the industry--the very nature of which implies that the agency would be making consessions in order to appease companies like Verizon and Comcast.

Negotiation and compromise are cornerstones of the political process, but they should be conducted openly and involve all parties. The problem with the FCC efforts was that the closed-door meetings excluded most of the affected parties from the process."

To useful ... uhm... pundits... like our PC tech writer here, they feel that government regulation of industry is a good thing, that 'Net Neutrality' will be a benefit to all Americans, and they are only upset that the process hasn't had more transparency involved in it. I'd like to look at that here, and go a bit beyond that 'transparency' to get a wider perspective than their little government issue world viewer window might otherwise afford us. But first, let's try looking through only that itty bitty viewer they use, and see what we can see.

I know I see one thing here that I particularly enjoy, and that's the line "should be conducted openly and involve all parties."... do you suppose that this tech writer for PC Magazine has ever ventured out and onto the internet? I don't know how many providers there are out there, my quick Googling popped up around a hundred or so big and small, providers, still, I do believe it might be just a few more than can conveniently cozy up around a conference table and hash out some regulations that will be 'fair' to all parties. And while he's not alone in his concern for all us little people... what of the millions of users who will be affected and deprived of their ability to pay more, or less, to receive the service they most value?

St. Louis Post-Dispatch Can't Spot The Difference. Can You?

The St. Louis Post-Dispatch is wetting itself over another tax money sink, a trolley running through part of the Delmar loop:

Four decades after they died off like transportation dinosaurs, streetcars took a big step toward returning on Friday as details emerged of a plan for a trolley line from the Delmar Loop to Forest Park.

The $44 million St. Louis Loop Trolley Project, backed by $25 million in federal funding, will feature hybrid-electric trolleys running from the Loop to the Missouri History Museum.

Now I realize that the Loop is called the Loop because it used to be where the streetcars turned around, and I admit I haven't been to the Loop in years (and the last time was for a job interview and not shopping or night life), but I do remember that Delmar was a two lane street with parking. I'm not entirely sure how they're going to run a trolley right down the middle of it without.... oh, wait, they will kill the street parking. Which might kill some visits by people who drive cars to the Loop, i.e., people who have money to spend. Maybe the Loop will get a CID or a TDD to build a new parking garage.

However, in an effort to rah-rah trolleys, the St. Louis paper of declining revenue finds a thriving trolley system to trumpet:

When the call of the grape leads you to Missouri's wine regions, having someone to drive for you is a vintage idea. The recent addition of a trolley service in Hermann makes this idea more convenient.

The Hermann Trolley Co. picks passengers up at the Amtrak station for the trains' four daily stops and at all of the bed-and-breakfasts in the area. Then it makes stops at all of the area wineries. The company has two trolley cars running and plans to add a third by fall.

Can you, gentle reader, spot the difference between the two where the Post-Dispatch could not (or would not)?

One is a millions of dollars of tax money (and by tax money, I of course mean "money borrowed from the Chinese") boondoggle in the making that will ultimately be underutilized and require constant infusions of tax money (hey, you St. Louisians who loved the 2010 Metro Tax ballot issue: how eager are you for one in 2013, too? And 2015? And 2018?).

The other is a private enterprise targeted to a place where customers naturally would not want to drive (wineries).

Because small private enterprises thrive, the government should be able to do it bigger and better with more sunk costs and administrative waste.

Bonus kudos to the hard-hitting investigative reporters at the St. Louis Post-Dispatch who failed to uncover this important and relevant bit of information:

The successful trolley in Hermann is not a trolley at all. It's a bus.

(Cross-posted at Musings from Brian J. Noggle.)

Document Parties Update, Update

I'm struggling under a hefty workload, but will still try to set up the first document party for next Sunday at 3:00.  The first one will be in West County. and the next will be in Sunset Hills. I'll be responding to all of your emails next week, giving you the specific place and what can be expected. We're working on getting volunteers to manage each of these to keep them going. If you want to be invited, send a note to editor @24thstate.com with subject document party, and which party you want to be invited to. If you have documents yourself, or thoughts about what you'd like to research, please send that to.

And for those out of town, I'll get to you in a week or two after we meet with how things went.

To the left, you'll see what we are dealing with.  They want $2000 to prove they broke ethics laws.

They can ignore one of us, but not all of us.