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David McElroy

making sense of a dysfunctional culture

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Law profs: the Constitution means whatever we say it means

By David McElroy · July 10, 2011

Everyone who knows anything about the U.S. legal system knows that Congress has the exclusive power to appropriate money for the government to spend. Right? And we know that the Obama administration is locked in negotiations with congressional Republicans over spending — with the Republicans refusing to raise the government’s authorization to borrow more money unless the White House agrees to more spending cuts.

What you don’t know, though, is that some people — including a law professor at George Washington University — are advancing the notion that maybe Congress doesn’t have to approve the spending anyway.

Here’s the insane theory. After the War Between the States, the 14th Amendment had a clause to make sure that the Union’s war debts were paid. It simply says, “The validity of the public debt of the United States, authorized by law … shall not be questioned.” Administration officials as prominent as Treasury Secretary Timothy Geithner have raised the possibility of applying that clause to claim that Congress can’t stop the administration from borrowing more money. As insane as that sounds, serious and sober people are advancing the idea with a straight face.

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In Colorado, these bureaucrats are taking ‘nanny state’ seriously

By David McElroy · July 9, 2011

In Colorado, the state Department of Human Services is proposing new rules that would require day care centers to provide dolls of at least three different races for kids to play with. No, this isn’t a joke.

Among the other proposed rules are those prohibiting whole milk being served to kids older than 2 without a note from a doctor and strict requirements capping time on computers. The proposal was reported Friday by a Denver television station. You can read the actual 98-page document at the agency’s website.

Whatever happened to letting customers decide these issues? Does the state assume that parents are too stupid or uncaring to ask for these things if they believe they’re what their children really need?

Personally, I think a lot of parents do a lousy job. I think they let their kids eat the wrong things and watch too much television. But it’s not my place to make those decisions for them.

There’s a growing line today between two groups of people. It’s not Democrats vs. Republicans. It’s those who believe in individual freedom and choice vs. those who want experts to make decisions about every facet of life. The “one size fits all” mentality is getting worse. The problem isn’t this agency. The solution isn’t “fighting for smaller government.” The issue is bringing real choice to people about which system they’re going to live under by allowing competitive systems of governance. More and more, the “one size fits all” nannies of the state are taking control and choices away from individuals.

The state is the enemy, not just silly rules that “go too far.”

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Grow veggies in your own yard? ‘You’re heading to jail, you criminal’

By David McElroy · July 8, 2011

City officials in the Detroit suburb of Oak Park apparently have so little to do that they’re taking the time to prosecute a woman for the dastardly crime of growing vegetables in some well-tended areas of her front yard.

This is a perfect companion to what I wrote Thursday about the need for “legal fences” that keep other people from telling us what to do on our own property. I was thinking more of free cities — and of one group not being able to tell another what to do — but it comes down to the same issues: choice and property rights.

In the Detroit case, Julie Bass faces 93 days in jail for having a small vegetable garden in her yard, because the city says she’s in violation of the city regulation that says front yards must have “suitable” vegetation. Bizarrely, the city has taken the position that this word only means “common,” so Bass is only allowed to have grass, trees and flowers that are common in other yards. (For the record, none of the dictionaries I checked agreed with the city.)

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For the best and most sophisticated in lawn care, For the best and most sophisticated in lawn care, check out the sponsor of one of my upcoming YouTube video episodes. 🙃 #parody #threestooges
Have you felt as though you’re living through Grou Have you felt as though you’re living through Groundhog Day lately? Me, too. Here’s a quick-and-dirty political satire I made this evening for fun and stress relief.
About three minutes before sunrise, vibrant color About three minutes before sunrise, vibrant color is poking through the skies to the east of my back yard.
The lights and color might have been more spectacu The lights and color might have been more spectacular a couple of minutes before this, but this was the best view I had of the Monday afternoon sunset from a bridge over I-20 in Moody, Ala.
I just remembered this shot I got a couple of hour I just remembered this shot I got a couple of hours ago of the fading sunset while I was in the Publix parking lot on the way home. If you suddenly find yourself craving Arby’s or Wendy’s, blame the giant icons in the sky, not me. 😃 (BTW, this was with the iPhone’s 8X telephoto lens.) #nature #naturephotography #sunset #birmingham #alabama
I had just pulled into a parking lot Friday night I had just pulled into a parking lot Friday night and was watching traffic through the distortion of the gently falling rain on my car window when I realized that the abstract view I had matched the way I was feeling tonight, so I turned it into a brief abstract video to match my mood.
Get ready for the next great animated Christmas cl Get ready for the next great animated Christmas classic, featuring singing and dancing and danger from Alex, Oliver and Sam. Coming soon to a theater near you. (The funniest part is that if I cared about this as anything more than a Christmas joke, it strikes me as something that could be profitable with the right story development and the right animators.)
Here are a couple of views of the sunset I just wa Here are a couple of views of the sunset I just watched on my way home after showing houses. I didn’t have my camera with me, so these are just iPhone shots. #nature #naturephotography #sunset #birmingham #alabama
This is what it might look like if the cats and I This is what it might look like if the cats and I were cast in a Wes Anderson film.
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I just got home and Alex decided he wanted to rela I just got home and Alex decided he wanted to relax and purr for a few minutes on my arm. Oliver is in the floor below him and is trying to figure out how to steal Alex’s spot.
When I pull into my driveway, the neighbors’ cat, When I pull into my driveway, the neighbors’ cat, Pepper, is typically waiting for me on my porch. This was just a moment ago. I don’t feed her, but it never stops her from pretending that I’m responsible for her sustenance.
Alex is pretty sure that 7:30 a.m. is way too earl Alex is pretty sure that 7:30 a.m. is way too early to get out of bed.
The spring trees in front of the house are a beaut The spring trees in front of the house are a beautiful background for Sam taking a bath in an office window Wednesday evening.
Late Tuesday night, I couldn’t find Sam, so I was Late Tuesday night, I couldn’t find Sam, so I was looking all over the office and bedroom for him. It eventually turned out that I had been walking right by him. He had apparently dragged a dark blue blanket onto the floor and he ws blending into it so well that I didn’t realize he was there until he looked up at me and I saw his eyes.
When I got home just before midnight, Alex was asl When I got home just before midnight, Alex was asleep on top of the castle and he struggled to wake up enough to care that I’d returned.
When I got home Monday evening, Sam let me hold hi When I got home Monday evening, Sam let me hold him while we watched the neighborhood from an office window.
Alex has been sleeping in the hanging basket of th Alex has been sleeping in the hanging basket of the castle Monday afternoon, but he still wants to watch birds outside the office window, so he just lazily turns and watches from his bed.
For the best and most sophisticated in lawn care, For the best and most sophisticated in lawn care, check out the sponsor of one of my upcoming YouTube video episodes. 🙃 #parody #threestooges
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We are ruled by the dumbest and most incompetent people among us — and we have a system which allows stupid and irresponsible people to force the costs of their idiocy onto smarter and wiser people. Can we get away with that? Yes, for quite some time. But we eventually reach a point at which the dumbest of the dumb — who are habitual liars and mentally ill fools — lead us to the disasters and destruction that some of us have seen coming for years. We are approaching that point. And yet most of the idiots around us still wave their rhetorical banners of support for the evil people who are leading us to ruin — and all of them point their fingers at someone else, never noticing that their own enthusiastic support of evil is to blame. When things finally fall apart, blame yourself for your blindness to the evil, not whoever happens to be in power when it happens.

I’ve been making some changes to the site lately and there are more changes coming in the days ahead, so don’t be surprised if you some small differences. This is not a wholesale redesign, but rather the addition of some features. Since they’re smarter than I am, I’ve put Oliver and Alex in charge of the technical work, which you can see in this action photo from the control room of our media complex. I recently added a series of landing pages for readers who randomly discover the site from an Internet search. I’ve also changed the YouTube link at the top of the page to go to the new YouTube channel for video essays that reflect things I’ve already published here. (Here’s a little bit about both of the YouTube channels I’m working on.) In addition, I’m trying to move away from using Instagram, so I’m experimenting with photo plug-ins that will eventually allow me to host the pictures — cats, dogs, sunsets, whatever — that I often take. So don’t be surprised to see more changes. Thanks for your patience. Let’s hope Alex and Oliver know what they’re doing.

I have no use for the theocratic and repressive government of Iran. The people who run the country are cruel at best and evil at worst. The Iranian people deserve freedom. But I have no personal quarrel with anybody in Iran. While I’m not thrilled about a future Iranian government having nuclear weapons, I’m just as concerned about nukes in the hands of politicians in Israel, Pakistan, India, China and Russia. I’m not even thrilled with the U.S., Britain and France having them, either, because I don’t trust any politicians to be responsible with such terrible weapons. All I can say with certainty is that American taxpayers have no business attacking Iran, especially since we’re being forced to pay for this attack in order to benefit the politicians of Israel — and nobody else. If Middle Eastern countries want to fight among themselves, that’s none of my business. It’s not the business of the U.S. government, either. I have no quarrel with anybody in Iran — and having the government which claims to represent me launch an unprovoked attack against a sovereign country will only make all Americans less safe in the near future. This attack is poorly conceived and morally unjustified. Remember that when the Iranians launch attacks that we will then condemn as “terrorism.” What the U.S. is doing right now looks like terrorism to me. And let’s not forget that the attack is the latest in a long line of unconstitutional wars by various U.S. presidents — who have no legal power to declare war on their own, according to the U.S. Constitution.

A child having a tantrum understands only one thing: Did I get my way or not? He doesn’t understand the issues involved. He doesn’t understand the reasons that went into a decision. He doesn’t understand any of the things that mature and reasonable adults have to understand in order to live healthy lives. By his reaction to the U.S. Supreme Court’s ruling to strike down his disastrous tariff scheme, Donald Trump shows himself to be — once more — a screaming child having a tantrum. Outside the world of mob bosses who expect to get their way every time, normal adults don’t act this way, but Trump isn’t normal. He’s an angry and vengeful man who has narcissistic personality disorder. And we are in danger as a result. Trump doesn’t understand the legal issues involved in this ruling. He doesn’t understand economics. He doesn’t understand rule of law. He doesn’t understand that he can ever be wrong. All he understands is that he didn’t get his way. And he is now a narcissistic and raging little boy who also happens to hold life-and-death power over most humans on this planet. He’s dangerous — and the system which gives him that power is even more dangerous.

Is it an attempt to blur the gender line between men and women? Or is it some weird tribute to the traditional Scottish kilt? It’s hard to say, but fashion designers keep pushing for men to wear skirts in the last few years. Both men and women in modern fashion seem oddly androgynous, as though it would be offensive for a man to look manly or for a woman to look feminine. A CNN article about the latest fashions from Paris caught my attention Monday and left me wondering about the ugly clothes the designers are hawking. If a man wants to wear a skirt — or a kilt — that’s OK with me, but I’ll stick with a traditional dark suit with a white shirt and tie. (Well, when I’m not wearing t-shirts and sweats, of course.) I always wonder who actually buys the outlandish garb from fashion designers anyway. I would be humiliated to be seen in any of this stuff, but I obviously have no sense of high fashion.

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